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11/07/2005 - Packet
• • AGENDA �4",1e��.�I�� City of Tigard Comrrunity Shaping A Better Gomenmiry TIGARD PLANNING COMMISSION NOVEMBER 7, 2005 7:00 p.m. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 SUBDIVISION (SUB) 2005-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2005- 00004/ZONE CHANGE (ZON) 2005-00006/ADJUSTMENT (VAR) 2005-00079 DAKOTA GLEN SUBDIVISION REQUEST: The applicant is requesting approval for a 24 lot Planned Development Subdivision of 4.97 acres for detached single-family residences. Three single-family residences exist on the site, which have been proposed to be removed. LOCATION: 10970, 11030 and 11060 SW North Dakota Street; WCTM 1S134DB, Tax Lots 3300, 3400, 3500 and 3700. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. 6. OTHER BUSINESS 7. ADJOURNMENT � -e : 'r'4p • 9 C m-J-11 e_ct ° /?//1/05- . see, hi. tlta..46 -c la-114/06- 1 d e a S i v let • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 7, 2005 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Buehner, Duling, Inman, Meads, and Munro. Commissioners Absent: Commissioner Anderson, Caffall, Haack and David Walsh, Commission alternate. Staff Present: Dick Bewersdorff, Planning Manager; Matt Scheidegger, Associate Planner; Kim McMillan, Development Review Engineer; Bethany Stewart, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Next Planning Commission Meeting is scheduled for 12/19/05. Commissioner Duling reported that the CCI's next meeting is on 11/28. CCI will provide input to neighborhood pilot program. Vice President Munro gave a reminder about the open house on Nov 10th 6:30 — 8:30 PM at the Library to discuss the Urban Renewal Plan. Commissioner Buehner elaborated that several members of CCAC will be there to answer questions about the Urban Renewal Plan. Commissioner Buehner reported that the PD committee meeting is in a couple of weeks. PD plans to go to Council in January. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the October 31st meeting minutes as submitted. The motion passed by a vote of 5 in favor to 0 against, Commissioner Inman abstained. 5. PUBLIC HEARING Commissioner Inman has recused herself for cause (works for applicant) No ex parte contact reported Site visits were made by Kathy Meads and Gretchen Buehner No challenge to jurisdiction on Planning Commission PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 1 • • 5.1 SUBDIVISION (SUB) 2005-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2005-00004/ZONE CHANGE (ZON) 2005-00006/ADJUSTMENT (VAR) 2005- 00079 DAKOTA GLEN SUBDIVISION REQUEST: The applicant is requesting approval for a 24 lot Planned Development Subdivision of 4.97 acres for detached single-family residences. Three single-family residences exist on the site, which have been proposed to be removed. LOCATION: 10970, 11030 and 11060 SW North Dakota Street; WCTM 1 S134DB, Tax Lots 3300, 3400, 3500 and 3700. ZONE: R-4.5: Low- Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. STAFF REPORT Matt Scheidegger of staff presented summary of staff report regarding Dakota Glen. Distributed testimony from Sue Beilke to the commissioners (exhibit D). Staff recommends approval and any further concerns will be addressed by applicant. Commissioner Meads asked what the lot range is on the alternate subdivision plan? Scheidegger responded that lot range is the same. Commissioner Buehner notes according to arborist report the applicant has not indicated removal of trees #985, #986 & #987 on the report on the passive natural area. There will be fewer trees than they are indicating. Commissioner Duling notes that in the binder the impact statement does not indicate area for open spaces or parks. Staff responds that there are open spaces proposed but they will not be public open spaces. Commissioner Meads asked ramification of private park area being taken care of by HOA to the other residents outside of the subdivision. Staff indicated that HOA takes care of maintenance and access rights. The park area may or may not be opened up to adjacent neighbors as determined by HOA. Commissioner Buehner asked if there was any discussion of dedication of tract A to the city. Staff indicates no. Meads noted that the Park & Recreation board has asked for the open space area shown plus some additional area to the east to be considered for purchase by COT. Bewersdorff replied that Public Works did not indicate interest. Meads indicates that she doesn't know if this property was taken off the list by the PRAB because she missed the meeting where it was discussed. PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 2 • • • APPLICANT'S PRESENTATION Kirsten Van Loo, Planner and Jeff Vanderdasson of Alpha Community Development, 9600 SW Oak Street, Suite 230, Portland, OR 97223. They walked audience through Exhibits A-C. SW Torland currently at 50' right-of-way, propose to continue that size right-of-way. Street improvement on Torland is 32' curb to curb with sidewalks and planter strips. Proposed meandering sidewalk in public ROW to put planter strips in certain areas where appropriate. Also meandering sidewalk through tract B one of the proposed private open spaces, open to neighbors of adjacent parcels. Exhibit B is a sketch rendering of Tract B open space as if you were looking towards the northwest into the tract. The project has two different applications. We have proposed 22 lot Subdivision and through talks with staff made a second application of a planned development. The 22 lot subdivision does not save trees. The planned development proposal is a balance between trees/open space and density needs. It creates a more livable community in our belief. Lots are smaller but the livability of a smaller lot is much the same, still has comfortable front and back yards. The developer feels that keeping the trees in the proposed open spaces contributes very much to the livability of the City of Tigard and to the people living here in the future. Conditions of approval — requests for change by applicant — for consideration by PC during deliberations Condition 13 — drafted to say provide documentation to PC that existing vegetation protected to greatest extent possible. Propose to change to hot protect ivy, black berries, and other noxious vegetation etc. Suggests that we combine 13 & 9 that asks for re-vegetative plan. Conditions 9, 11 & 13 to revise tree protection/mitigation plan, and landscaping plan for open space to be reviewed by city forester and member of planning staff. Condition 26 — water quality requires approval of CWS — in city of Tigard would like condition to be reworded water quality as required by City of Tigard....in their implementation of CWS standards. Condition 21 — meandering sidewalks — all sidewalks in public ROW — exhibit A— balance of curb tight, & use of open spaces. What part of condition does staff want? President Padgett - Does public sidewalk include sidewalks on private land outside the public right-of-way? McMillan answers that in this case it needs to be a public easement in their private tract. We need continuous public sidewalk along Torland and 110th up to North Dakota. Would need a public easement & approval of arborist. Applicant asks condition to have some verbiage added to clarify. McMillan indicates staff can come back with that language. Applicant has just received a letter from neighbor, will address concerns of letter during the rebuttal section (exhibit D). • PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 3 • • Applicant has just received a letter from neighbor, will address concerns of letter during the rebuttal section (exhibit D). Questions of applicant by Commission. Commissioner Meads notes that between the two plans there is difference of two houses. Why didn't you stick to 22? Applicant answers that the Planned Development process is a balance of amenities for community and also be economically feasible to the developer. Wendy Hemmen developer's representative from Venture Properties, 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 Discussion of lots size versus house size and value. Commissioner Buehner brings up issue of code and putting buffer between PD and existing development. Also notes that Lots 7-11 are smallest in PD. Extreme difference in lot size between lots 7-11 and development to south. Disagrees with analysis of lot values vs. size of lots. Why are minimum sized lots along south border and lot 1 is abutting adjacent property? Feels small lots should be to the interior of subdivision. Hemmen indicates that the houses to the south are valued less than our houses and we will putting in increasing values all around. Area abutted by three parcels is left as open space. Tried to be strategic in layout vs. shape of property. Where the open space is placed took into consideration location of trees. Believes open space makes up for trade off of having smaller lot size. Property layout took into consideration street layout needed to connect Torland and 1101 Avenue. Commissioner Buehner answers that she still has an issue with small lots and suggests one of the lots in 7-11 be eliminated, creating 3 larger lots if approved. Not convinced that just because you are putting in open space that you should be allowed to create smaller lots. Commissioner Munro question to staff. What are the conditions to approval to that process for the 22 lot subdivision. Is it likely it would be built if we don't approve the PD? Scheidegger — yes. Padgett — Fairer question to staff. Because its zoned that way, is there anything unusual to prevent them from continuing with that plan. Scheidegger— No as long as conditions of approval are met. PUBLIC TESTIMONY— IN FAVOR John Caufield — 11133 SW Torland Street, Tigard, OR 97223 Back in April the developer presented both plans to the neighbors. The neighborhood got together and discussed the plans. In general we agreed that PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 4 • • the 24 home development was preferred to the 22 lot development. We deemed the 22 lot development plan A and the 24 lot development plan B. We wrote letters {previously submitted} that we would like to read. [Letters were included in packet for Commissioners] Mr. Caufield's son Chris says go for plan B, build playground in tract B. Hemmen responds that the developer would put playground in tract B. Mr. Caufield's son JJ (John Joseph) - I want plan B because it includes a park and my friend's tree will not die. Mr. Caufield's son Ryan — Please don't cut down trees behind my friend's back yard. I like plan B because I like to play. Mr. Caufield continues that it appears most of issues were addressed in staff report. But would tract A be deeded to city? Staff —responds no its not policy. Would adjacent neighbors have access to open area? Padgett answers that we could make it a condition of development that in 1 year it would go to the city but that would be rare instance. The City would have to take over maintenance and costs of the area. How would the open space be left? Hemmen indicates that they will clean out brush and black berries and construct the path then the open space would be maintained by HOA. There is a concern of safety in tract A, note that the plan shows a path straight back at top to allow for street lights to cast some light. Path would be bark or gravel. Requirement of CC&Rs to maintain. Commissioner Meads asks about 54' vs. 50' right-of-way. Jeff Vanderdasson (Applicant representative) responds there is an existing 50' foot ROW on Torland all we are proposing is to extend the width around the corner all the way out to South Dakota. Commissioner Meads asks what is the average size of the homes? Applicant answers approximately 3200 sq ft. Meads expresses concern that development is up to code on access on little street for emergency vehicle size and access. Staff report requires TVF&R turn around. The fire dept will sign off on both private streets Mr. Caufield agrees with lot size comments by Commissioners Meads and Buehner regarding lots 7 thru 11. In summary, we prefer 24 lot development and applaud developers for trying to maintain common open areas compared to other plan, see Exhibit C — outline of plan for straight subdivision. Lori Ries, 1124 SW Torland Street, Tigard, OR 97223 We have lived there going on 8 years and live north of tract A. We are for the Planned Development. There are a lot of children in neighborhood at the end of Torland Street that currently play where the barricade is. It is a safe place. North Dakota is not safe and has lots of traffic, no bike lanes etc. Discussion of her concerns with subdivision plan. Currently has very large lot with trees and if adjacent trees come out it would affect her. Road would cut roots of her trees PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 5 • • causing them to die. She is a childrens' author and her yard is a very serene place to write. Concern of plan A for neighbor on corner (see Exhibit B) who lives adjacent to tract A. She would have roads on three sides of her house with this plan. Close knit neighborhood with lots of kids. Would hate to lose that quality of life. Ms. (lies' daughter, Jennifer. Choose plan B so we have a playground and our trees will not die. Ms. Ries' son, Dan Ries, likes plan B a lot and the nice playground. All the kids now play behind barrier and go on wacky adventures. Note about street lights in tract A, has concern about party people looking for areas with low light. Could they put in another street light in that area? PUBLIC TESTIMONY— IN OPPOSITION Ronald Brower 10940 SW North Dakota Street, Tigard, OR 97223 My property is on the east side of plan. Would like houses smaller and farther from property line to keep more air/light coming into his property area. Would prefer single story houses to keep his light. Current plan may depreciate property with too many houses too close. Worry about additional traffic even with two more houses adjacent to his property. President Padgett asks staff what is the trip generation of two lots? McMillan responds 10 trips per house per day. President Padgett asks if there is anything in code that prohibits development based on sight or air shaft rights of adjacent property. Scheidegger responds that these are addressed by the environmental quality standards. Also perimeter of properties must meet minimum setback of 5' from adjacent properties. Sean Sullivan, 11295 SW 108th Ave, Tigard, OR 97223. Ron's concern is with having enough light to grow his tomatoes. Sean has two issues. One is tree removal, he support conditions '1-13 also supports to changes to #13 by applicant. Tigard Comprehensive Plan Section 3.4 of code addresses natural areas and has to do with significant plant communities...and in the policy that goes along with 3.4.2b minimizes number of trees removed. Does this property fall into one of the treed or timbered designations? How has policy been met? This was brought up in the neighborhood meeting. PD takes less trees but how many trees are in project and how many are planned to be removed? President Padgett discussion with Scheidegger about the designation of treed or timbered. Would be timber deferred or forest deferred by federal regulations. Discussion of timber area vs. open space with trees. This property has not been designated a timber area. Mr. Sullivan discusses city policy that encourages large inventories of plants and animals on private and public lands be retained. Not clear if this is applicable but it is his opinion that this is a large PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 6 • • stand of conifer. Comments apply to both plan A or B. Seems like an awful lot of trees being removed, understand trees have a merchantable value as timber. Believes that would contribute to capital. Second issue related to condition 19 and the half street improvement requirements. Notes that this is city policy but that it is not doing community any service placing sidewalk on south side of South Dakota. Indicates improvements on the north side would be much safer and help to extend the existing sidewalk. President Padgett asks staff about guidelines of improvements offsite. Do we have a legal problem with this suggestion? McMillan answers that typically we don't have right-of-way. Discusses when developer might be required to incur costs of off site development. President Padgett starts discussion of when this might be required because of safety issues caused by development itself. Mr. Sullivan indicates that this is a common sense thing and that he feels construction on the other side is a foolish use of resources. Mr. Sullivan continues regarding condition 26. He would encourage keeping language as is to comply with CWS. Believes CWS is slightly more stringent and better environmentally. McMillan responds that the City of Tigard standards are the same as CWS standards. Mr. Sullivan asks about an opportunity to review and comment on changes. Scheidegger indicates all plans will be available at permit center for review. Jeanette Dodge,10900 NW Dakota, Tigard, OR 97223. East side of Ron's property. Wants to save trees. Agrees with commissioners regarding size of lots and number of lots. Traffic is a huge concern. Can we have speed bumps on North Dakota? President Padgett explains difference between bumps and humps. McMillan indicates that this is a neighborhood route and believes there are no scheduled traffic calming measures. Ms. Dodge asks about Tiedeman bridge area, is there anything to be done about traffic there? Agrees with commissioners about having 2 less lots on the property and saving trees. She is an Acupuncturist with a home occupation permit. Commissioner Buehner comments that there is discussion in long term, in CIP program to rebuild N Dakota/bridge/intersection. Larry Etter, 11445 SW Twin Park Place, Tigard, OR 97223 Property is south of tract A. His property is adjacent to proposed green spaces. Two neighbors' properties are adjacent to lots 7-11. 3000 sq. ft. lots with very imposing houses create almost a wall. Indicates that there are traffic problems with all of the developments now. David Ries, 11124 SW Torland Street, Tigard, OR 97223 Live on north side of tract A and picks Planned Development although he is sensitive to having more lots. There is the issue of road completely surrounding on 3 sides of neighbor. What is the impact of tree removal on other trees? PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 7 • • Replacement of trees that might come out is not the same as having full grown trees. Preference to preserve green in city as much of possible. Kathleen Strom 11454 SW Twin Park Place, Tigard, OR 97223 Lives next door to Larry, would be by lots 7 & 8. Would mean two behemoths looking into my yard, etc. Concerned developer didn't answer why they couldn't go with less houses even with open spaces. Feels threatened by developer saying you can have a 22 lot subdivision or a 24 lot subdivision with open spaces. Why do they have to have 2 more houses? Linda Etter 11445 SW Twin Park Place, Tigard, OR 97223 Wants green space. Horrified about development because we love the green space. Values green space. Would like approval of Planned Development rather than subdivision plan. Edith Carnahan, 10985 SW North Dakota Street, Tigard, OR 97223 I border your whole plan on one side. Put the speed limit down. Not for speed humps. Too many side streets coming in. Going to miss the green a lot. Lots of children on that street and for heaven sake keep their nice space. 5000 sq ft is too small. Four houses to the acre was the code. Trees keep the house cool. If I develop my two back lots will you cut down my trees? Explanation by Commissioners and Staff that code requirement to have a certain number of lots (a minimum) as dictated by Metro. Many developers in past did not build to density but are now required to. APPLICANT'S REBUTTAL To address issue with trees numbered 986, 987 & 988 in summary 985 — 987 are all marked as dead or hazardous trees which is why they are marked to be removed. On existing conditions & demolition plan there is clerical error regarding tree. Questions from audience about access to plans. Answer that plans are in the planning file and citizens are welcome to come in and review the files in the Permit Center. Regarding the play structure in tract B applicant would encourage a condition requiring public access easement in CCR including insurance issue. CCR document could talk about yearly maintenance party that would invite neighbors to participate in addition to owners in the HOA. ROW we are proposing for Torland & 112' is exactly the same as the existing Torland street. Street improvements would be the same width. Information on page 38 & 39 — see page 37 — not a condition of approval because they are agency comments. Believe that fire dept. can perform all necessary services for lots 16 - 18 without having to drive 150' down the street. Meets standards of TVF & R. Concern about number of houses abutting lots. PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 8 • In PD Plan Mr. Bower has 3 lots abutting his whereas the subdivision plan would have 5 lots abutting his property. Developer will meet all setbacks around the perimeter of the property. In both plans there are 17 abutting lots. Trees removed will have to be mitigated. They are proposing saving a reasonable number of trees based on requirements for project. Sidewalks on North Dakota need to be done now or they won't be built. Thank you for the CWS clarification. Yes there will be two story houses. We need to meet Metro standards. We have a greater demand on our resources. The land development character is significantly different than in the past. But must meet minimum density requirements. Explanation of maximizing density on lands that are well suited for development and what well suited means. In-fill is challenging. In-fill lots are often the only thing left. Encourage Planning Commission that PD allows for more involvement by city and citizens. 22 vs. 24 lots to allow maximization of investment. For those south of project on sheet 2 you will see three large trees & large hedge in addition to open space tract. Mitigation could be in rear yards. Commissioner Munro asks will the City Forester provide list of approved trees for mitigation? Staff— yes. Commissioner Duling is concerned lots about 7-11 and about view field behind them. Why don't they consider 1-story homes? Applicant responds that the home builder allows purchasers to pick out home plan they want and about 20% purchase one story and 80% purchase two story. They don't build spec homes. PUBLIC HEARING CLOSED Commissioner Meads— HOA fees—over$300/month for half the space. Concerned about putting quite a burden on homeowners to maintain this large area. There are no parks in this area. The Park & Recreation Committee currently actively working on more open spaces for the city (not a recreation or active park). In favor of having Tract A eventually designated as public open space. Discussion of public park vs. private park. Torland logical at 50' but does not agree that 110th should be narrow especially because of fire dept. access. Talked about expensive materials 3200 sq ft house more expensive than 2000 sq ft. Bigger is not necessarily better. Does not necessarily want higher taxes/higher value. Why are we pushing for such large houses on such small lots? Commissioner Buehner asks Scheidegger what the average lot size is in the development abutting 7-11. Answer is 7405 to 9583 sq ft. and to the west 8700 to 18,000 sq. ft.. and to the east 7405 to 18295. Commissioner Buehner is concerned about blending of densities between abutting properties. It is much less intrusive to have a larger lot. Lot 24 is abutting small lot asks to swap sizes between 23 & 24. Asks for same thing with lot 1. Says that seventy-five percent of PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 9 • • HOAs die after turned over from developer. Very concerned about trees in tract A. There has been a change in council policy regarding acceptance of property. Would like to see dedication of tract A to city. Concern about accessibility of lot 18 from fire dept. suggests lot 18 might be sprinklered. Concern about developer asking for maximum number of lots in PD. Wants one lot eliminated between lots 7-11. Commissioner Munro Thanks neighbors for taking an active role. Positives are the two green spaces. Maintenance could be an issue however without an active. neighborhood. Negatives include the size of lots however, I am a proponent of density where it makes good sense. Density decreases road building, asphalt, allows for better public transportation etc. Would support reduction of one lot in area of 7-11 to provide a better buffer. Okay on trade of lot sizes mentioned by Commissioner Buehner. Planning Commission has no control whether developer builds two or one story houses. Commissioner Duling comments that she is not a proponent of density. Concerned about traffic/road problems. Appreciate neighbors coming to speak. Feels developer did a good job getting folks to buy into the PD because they will save the trees. Notes they will be cutting 120 of 150 trees. Parking on small streets an issue that was not brought up. I agree with 19-21 lots total and leaving open space. Concerned about fire access for lot 18. President Padgett comments that it is very refreshing to see neighbors getting involved. What we have here is an application for a planned development. We are to consider application for PD on its own merits. He is not against developer making maximum profits, part of the free enterprise system. This needs to be balanced against something that will interfere with evaluation of application under its own merits under the code. Purpose of PD process is to take a parcel of land and develop in a cohesive planned manner. Discussion of items that would be cohesive vs. being built in a piecemeal manner. Is the trade off of density worth the value of the additional amenities? Does not think this PD is meeting standard of theory of PD. We are looking for more and more amenities for the public, the public is giving up a lot. Realize In-full is difficult. Increase in density is not meeting value of PD for the public. At this point the chair would entertain a motion. Commissioner Meads : I move that Subdivision 2005-00011 Planned Development Review 2005-00004, Zone Change 2005-00006 and Variance 2005-00079 be approved with follow conditions; That street SW 110th be developed to the code of fifty-four feet. That the total number of houses be reduced from twenty-four to twenty-two either by eliminating one house or actually on lots seven to eleven and possibly reorienting one and two so that we could eliminate one of those and widen the street at that point increase those lot sizes. PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 10 • • and that the developer or the homeowners association deed over tract A to the City of Tigard at such a time when the City of Tigard would be able to take over maintenance of that piece of property. President Padgett - Well the property is going to be owned by the developer until they turn over the property to the homeowners association, which will occur, I can't remember when seventy-five percent or something of the lots are sold, some percentage like that. Bewersdorff- I would caution you that, my job is to caution you that the city if it chooses to negotiate for that property would have to go to the homeowners association. But for you to kind of hamstring the city as well as the developer now by putting that in your motion to.. President Padgett— I don't think we can put a condition in that requires the city to do something. Commissioner Meads—Well I wanted to actually require that the homeowners association work with the city to have this Tract A become public property. Bewersdoff/Padgett—that would be something the city would take on itself. Commissioner Buehner— Could we include a requirement that would require the developer and or the homeowners association to dedicate the property to the public if the City of Tigard chooses to accept it? Could we word it that way? Bewersdorff- But until I don't know when that question is going to get answered. You create a situation where we don't know if that's going to happen. Commissioner Buehner— If we set a time certain, a limited time? Bewersdorff— I would suggest you don't do that. Commissioner Meads —then I temporarily withdraw my motion. Commissioner Buehner- I move to approve SUB2OO5-00011 PDR2OO5-00004, Zone Change 2005-00006 and Variance 2005-00079 with the following conditions: Reduction in the number of housing units allowed down to twenty-two units, removing one of the lots between lots designated as seven eleven and doing a reallocation lots one through four. Swapping lots twenty-three and twenty-four to put the larger lot to abut the exterior of the development. And requiring the developer and or the homeowners association to agree to dedicate the property to the City of Tigard should the city to decide to take the property within twenty-four calendar months of approval of this order. The condition would terminate upon the expiration of twenty-four months. President Padgett—Anything else you want to add to the motion? PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 11 i • Commissioner Buehner- And checking again with the fire department as to whether they are satisfied specifically with respect to lot 18, whether it should be sprinklered. McMillan — I'm not sure you need to include that in your motion because it is a requirement. Bewersdorff— I guess additional question you made a motion with three conditions there are a number of other conditions that have been recommended. What are you going to do with those? Commissioner Buehner—That's right there was a suggestion to change combine nine, eleven and thirteen. I would take staffs recommendation on how they feel. Whatever staff thinks we should do about combining those. Bewersdorff—The conditions work better separately, they are easier to track. You certainly can make a motion to add noxious vegetation to thirteen. Commissioner Buehner— I would amend; add the language to exclude noxious vegetation from number thirteen. That number twenty-one be amended to McMillan — May I make a suggestion? Commissioner Buehner—Yes you have the language and I don't. McMillan —That the applicant's plans shall be revised to show all public sidewalks located within the public right of way or placed in a public pedestrian easement that is approved by the City Engineer and Arborist. Commissioner Buehner—Thank you. President Padgett— I think Dick's point was the way you phrased the motion you were including only the conditions that you were mentioning and you weren't including all... Commissioner Buehner— Oh and I'm sorry— based on the staff report and, excuse me, I had forgotten to address the items that had been. President Padgett— So based on the findings in the staff report and the testimony heard tonight. Commissioner Buehner— I said that. Commissioner Meads/President Padgett—and the conditions Commissioner Buehner—and there was one other, I'm sorry I'm trying to find it. PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 12 • • Commissioner Meads— Clean Water Services? Commissioner Buehner— No. Staff said they didn't need that. There was one other. I'm trying to find it, I wrote a note to myself. If you would give me just a minute. Commissioner Duling — If Tract A becomes a public park how are people going to get there? Down that private street? Bewersdorff—They won't have access. Commissioner Buehner— It would require a public access easement for the public a pedestrian easement. Bewersdorff— Better put that in the motion Commissioner Buehner— I guess I'm... Bewersdorff—Would you like to repeat your motion? Commissioner Buehner— Okay, you want me to repeat it? President Padgett— No I don't think you need to repeat it unless there is something that one of the planning commissioners don't understand. Commissioner Buehner— That we would also have to include a public easement if the City of Tigard were to take dedication. It would... McMillan - include a public access easement from the public street system to open tract A. President Padgett— Okay is there a second? Commissioner Meads — I'll second President Padgett—We have a motion and a second any discussion before we vote? — no response Duling — no Munro— no Padgett— no Meads—yes Buehner—yes President Padgett - Motion is defeated. The approval of the application fails on a no vote. We don't need a motion to deny because the motion has failed and that PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 13 • • was information I received a couple of months ago from the city attorney. Anything else before we adjourn? Thank you we are adjourned. ADJOURNMENT The meeting adjourned at 9:12 PM /i / L Bet any Stewart, Pla ng Commission . - etary /72didz'g-of. vgiati ATTEST: President Mark Padgett geem _ PLANNING COMMISSION MEETING MINUTES -November 7,2005-Page 14 ..... . ... 2 .. - _ ,... , -2....„ .... ... ... ,.. • ... .. .. . . .......... :,!...3,04, N f:.,71,I'..411-1•11.,1061 i•-i•:::C..,).0:A .>>....:....:0 . • • •• ,„..... „...,• ..... ......... i•••• „4„,,,,,............„...7...2:_...1.......22___....„.....22.2,.... ,.......• , :......,•• . . •• .: . . .. : .• • • . •;;• •••; ..• ,;;:. .7:.•••••••••••;.\;;;•••;;"°: ; 4:7.....7 . t.„,:,,:-,- . ...- .....,,.7:,.......,,..-,,,,- - ._-_:.7„.„„4„:„................. i• i F.....f....„.F.....:i•••:.i ED : . `.•••?.....'-i • • 1: 1 i'..2.1::. • • : : .. ....:.. . • : , •-::: i 1••:. i • • • . . • : • . ..•:. • 1 • ; 2 ii 1 1 :49 22 : : . 23 ' 24 , :....... „. I 62-•:. : • • ...... i 26• 1 4 '11 .• ..• • . -..r., :. 1.•'j. 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B r' DA- (-4..pf.-E4 - 1+00 SW 110TH PLACE = SW NORTH DAKOTA ST. 4+14.62 SW NORTH DAKOTA STREET \ 1+00 2 00 3+00 4,00 5+00 6+00 - -I —r - J _ I - + - T T - I- - T - I- - - 30' VISION CLEARANCE 9' RIGHT OF WAY uwi N TRIANGLE (VCT) 330.85' r DEDICATION • 1 ss j , I I ~1.'� ,""�30' (VCT) i I 1 ' 2 I I 09'11' so I 1 22 1 ro ; 7,039 sq.ft. N 7,350sq.ft. ' 'in 25' IN 6,847 sq.ft. �1 f j I CO,(/ wl I , 30' (VCT) �1 I 1";:r 112.00' I _ _ _ _ 1 el 11 of _ L. ,' 33;L' O 21 01 °°1vi 6,160 sq.ft. I o 6 I I yi f ITS 3 so r �+ ___8561`__-I\ I I 112.00' I f I, /', 30' (VCT)J I — — — — -, I I o • f I 4 - ,Si 01 9.347 sq.ft. 0 8,363sq.ft. o I°o 20 ° 0 - - - -I 1 €o O, IW♦ Igo 6,832 sq.ft. D 11 I ° V I +1 L___-112.00' . I I I 84.61' - - I - - 86.61'- - � I 1 I roI I I - - , dal I 4 4I I r , r ,a o 0 t 7,094 sq.ft. 39.70'_ 36.25' I '� r 3 CL;'. �30' (VCT) o I r I I I ' 5 1 tr ofci ' ° I I N I 5 6 `g t S x2o� '- - 112.00'- - N ' m1 8,700 sq.ft. 1 ° 8,768 sq.ft.� ! CO N I N TRACT B NI p11 p I 1 „ r' - -5,430 sq.ft. • I I 1 I °o I 66.64' 60.00' 25.00' a, I I I 1 L 30' (VCT) 0-J ,,,, �+� -- -- - L, Ig 8' PUE 8559' 1.8'ROWS 70.56' ? l)^ \PC =' 07.53 r i - I I II - - - - - - - - - - -' �� " 30' (VCT) i 17 I 18 P 16 iao 6,318 sq.ft. p 8,371 sq.ft. 6+00 5+00 r i� o II + S f 6,284 sq.ft. 11,1 SW TORELAND STREET ° i 0 0 O p 29,625 sq.ft. . I 1 I '�� I I I 1 - - 35700' 70.59'--I ROW \ - - z I a If 8'..PUE : � . 1 � i , L_ j l 1 '`"7 30' VCT \\ 42.82' 60.00' _ 62.10_ N d I , 1 l I I I 1 ^ I I I 01 I I N a,; I I �I 1 , 7 - 8 w; I Q 0 7,789 sq.ft. 17,761 sq.ft. I 7,351 sq.ft , 1� 2I I i3O, t L I I N1' 1 "-J 1 1 - . - 4 1' --- 9837.09' 65_65' 7 1 1 q T __ 1 x12 \°,. 68.50' _78.33' _ _ _ _ 116.98' / o l o _TRACT A \ 444.48' 70.53' ,2 alpha E ,0 13,662 sq.ft- - j3 - - 10' 1 I � 1 I� - - - - - - - - - ' r PSJL_ J I 80.00' 80.00' _� _1 r-16.79,- I I I I COMMUNITY rnl s I . I . 1 r--J II I 1 , 61 DEVELOPMENT -1 1 1 i 1 ' I 13 n 14 00 15 fr -I 10 ' 11 12 9,376 sq.ft. °0 7,273 sq.ft. o 7 228 sq.ft- of 6,949 sq.ft. 7,747 sq.ft. r j 8,433 sq.ft. � 1 Iw a a I 111 I ' 1 , I 111 1 1 1 I 1 , I 1 1 II I III II 1 L I JI JI I L JIL I — _ — - - _ - _ SCALE 30 0 15 3p 6 77.88' 80.00' 80.00' 70.00' 65.00' 68.93' . tIN=3D � DAKOTA GLEN � , u,sto o ,Matt Schelde g_ger�Dakota Glen Sub-PD. �. Page 1, November 7,2005 City of Tigard Planning Department' Attn: Mathew Scheidegger RE: DAKOTA GLEN SUBDIVISION 2005-00011 -PLANNED DEVELOPMENT Please accept the below comments for the above mentioned subdivision for the record. • The applicant has two different proposals for the above mentioned properties, and we would like to start by saying we recommend and support the PD, since it gives more flexibility to the areas under proposal and gives more back to the community in the form of open space,etc. • 18350. -One of the purposes of the PD is preserve to the greatest extent possible the existing landscape features and amenities. In this case this would be the large grove of Douglas-fir trees at the SW corner of the area and the scattered large trees on the 3 properties. We prefer the PD proposal since it would provide two open space tracts for the neighborhood as well as saving large trees scattered on the site. We here recommend that the open space tracts be deeded to the City of Tigard so that they are available to be used by all citizens,not just a select few. Tigard is seriously short of public open space lands for the size of the city,and these tracts would help to alleviate the shortage problem. We also would like to see the open space tract on the SW corner be larger,including the lots 7- 11 as currently proposed on the site plan. The city currently has funds to purchase open space and we would like to see consideration of some of these funds be used to enlarge the open spaces on the site. • 18.350 and 18.715- This area is currently zoned as R-4.5 (7,500sq.ft.minimum lot size). We do not support any zone changes for this area and neighborhood,as it has already met its density requirements under the Metro guidelines. If the developer wants a zoning change,we hereby request the city prove to residents how the city of Tigard has NOTalready met its density requirements. Traffic is already heavy on SW N.Dakota street as well as on Tiedemann street which most residents use to get to Hwy.217. This PD would add more cars to our traffic problems and we do not want to see houses squeezed onto smaller lots than the current zoning allows. • 18.705 - We also do not support allowing variance that would allow narrower streets than is currently allowed for this area. Streets that have"No Parking"on one site cannot be enforced, and as such are a safety hazard to the neighborhood. Fire trucks cannot enter the site when cars are parked on both sides of a street with"no parking"on one side. Overall,we support a PD for the proposal but with no zone change or variances. We would prefer the city purchase the entire 3 properties as a park for the neighborhood so that we have a place for kids to play and families to go,and a place for people to enjoy nature without having to get in their cars and drive miles to get there. Thanks for the opportunity to comment. Sincerely, Matt Scheidegger- Dakota Glen Sub-PD., Page 21 Sue Beilke, Director,The Biodiversity Project of Tigard • I' • f . 1 OF TIGARD • , COMMUNITY ;��yi` OREGON SPAPEIRS CITY OF TIGARD PUBLIC HEARING ITEM 6605 SE Lake Road, Portland,OR 97222• PO The following will be considered by the Tigard Planning Commission Box 22109• Portland, OR 97269 on Monday November 7.2005 at 7:00.PM at the Tigard Civic Center Phone:503-684-0360 Fax:503-620-3433 -Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Both public oral Email: and written testimony is invited. The public hearing on this matter will be conducted in accordance legaladvertising @commnewspapers.com with the Tigard Municipal Code and the rules of procedure adopted by the Planning Commission and City Council and available at City AFFIDAVIT O F PUBLICATION Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to. or at the public hearing or■ State of Oregon, County of Washington, SS verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing. I, Charlotte Allsop, being the first duly sworn, accompanied by statements or evidence sufficient to afford the depose and say that I am the Accounting decision-ma'I ^*hmity_to respond to the issue precludes appeal to reap)lo!MSum8 snot as ,°al based on that issue. Failure Manager of The Times(serving Tigard, to speci s• �Innment Code or Tualatin & Sherwood), a newspaper of Compre1 3""31111 0311W�7 --'Pc an_ general circulation, published at Beaverton, in ' appeal F !11 the aforesaid county and state, as defined by A copy, 00ISm; 'f'Z-3 wan ,o°a r u' Pa�!edw!-6uSea6 L�60 l ORS 193.010 and 193.020, that avails oW;ma:' i0�e ILL 699 p08�4dalal aa�I Iloi aa41 pleas Pne.age y, uu Ile° 'uoyeu!wuos!le ea�J Ilol ar1H City of Tigard or thr �!�l!!enbE V431 _I!eie�1!unUOddo enba1eldwo° of i Public Notice-Dakota Glen rl e-gey �gaP�eas6u�la,Np ieaiea47eu! p°! +�;,,rages 4 aye spa 41 Paw�o{w t!se a copy of which is hereto annexed, was :les u t lea,/oo�6u!s, wPs aD14 le sal published in the entire issue of said l A16u�MOU,I lou urM^ad e Ida,°e newspaper for Ore Mau sr41*► '8l fapun ua�p"Ed 1 4.. `t-"'.'`� lUeu6a d nsuer aldoad pe°uswoMl ,�' ...•._.,_- •�� -red 4uM 6 Polsno!e6a � lua successive and consecutive weeks in the ua,pl1461 "!^!I 91 to a6e 1 ° s a following issues uogeww J°S pl�o luojn3e.imuls:niuot �efl wpb 1 la1d 4ons 1(Ue a `aouaJOctober 20, 2005 'O ui6iJO leuo! de °j`UO1ualur ue 1 `des! leu sn Pue4'xas � lel le!I!wel r �y�� e. Pase uoi eas �olo`aoe�l�-Y 1/O* Irwr 9 uo!eu!e 1 aoua�ala�d�tuensP o uo!I le6ell!Ir sa -e!ua^ e Charlotte Allsop (Accounting M Hager) sled ow ol�loargns M lov 6u!snoH ••.• 41 w 6urs!ua^ s! Jededsmou ...... Pe ems° leap IIF/ Subscribed and sworn to before me this A A A.LIN odd. it 1p3 October 20, 2005 (' r r \). t,-460Q. ),.).AXSZILV\ NOTARV PUBLIC FOR OREGON My commission expires `-'YtU',a'%l 3-OO7 Acct#1093001 `��-` -`-`ti-�-�`-�-�-�- - -�-�,? �) f'+ OFFICIAL SEAL J City of Tigard-Patricia Lunsford rJJ a SUZETTE I CURRAN 1) 13125 SW Hall Boulevard rJ ^ r NOTARY PUBLIC-OREGON I) 11 ���� COMMISSION NO.373063 Tigard, OR 97223 1 a COMMISSION EXPIRES NOV.28,2007 l) Size 2 x 10 Amount Due $167.00 •remit to address above li 1 . CI OF TIGARD • COMMUNITY ,.;,,,„ OREGON r NEWSPAPEIS CITY OF TIGARD PUBLIC HEARING ITEM 6605 SE Lake Road, Portland, OR 97222• PO The following will be considered by the Tigard Planning Commission Box 22109• Portland, OR 97269 on Monday November 7.2005 at 7:00 PM at the Tigard Civic Center Phone:503-684-0360 Fax: 503-620-3433 -Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Both public oral Email: and written testimony is invited. The public hearing on this matter will be conducted in accordance legaladvertising @cormmnewspapers.com with the Tigard Municipal Code and the rules of procedure adopted by the Planning Commission and City Council and available at City AFFIDAVIT OF PUBLICATION Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or i State of Oregon, County of Washington, SS verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing I, Charlotte Allsop, being the first duly sworn, accompanied by statements or evidence sufficient to afford the depose and say that I am the Accounting decision-maker an opportunity to respond to the issue precludes i Manager of The Times (serving Tigard, appeal to the Land Use Board of Appeal based on that issue. Failure' 9 ( 9 9 to specify the criterion from the Community Development Code or Tualatin & Sherwood), a newspaper of Comprehensive Plan at which a comment is directed precludes an general circulation, published at Beaverton, in appeal based on that criterion. the aforesaid county and state, as defined by A copy of the application and all documents and evidence submitted ORS 193.010 and 193.020, that by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. If you want to inspect the file, City of Tigard please call and make an appointment with either the project planner y g or the planning technicians. A copy of the staff report will be made Public Notice-Dakota Glen available for inspection at no cost at least seven (7) days prior to the TT10702 hearing,and copies for all items can also be provided at a reasonable cost. a copy of which is hereto annexed, was Further information may be obtained from the Planning Division published in the entire issue of said (staff contact: Mathew Scheidegger)at 13125 SW Hall Blvd.,Tigard, newspaper for Oregon 97223, or by calling 503-639-4171. 1 SUBDIVISION(SUB) 2005-00011/PLANNED DEVELOPMENT REVIEW(PDR)2005-00004/ successive and consecutive weeks in the ZONE CHANGE(ZON)2005-00006/ADJUSTMENT(VAR) 2005-00079 following issues ® DAKOTA GLEN SUBDIVISION< October 20, 2005 REQUEST: The applicant is requesting approval for a 24 lot Planned Development Subdivision of 4.97 acres for detached single-family CkowLO,I residences. Three single-family residences exist on the site, which have been proposed to be removed. LOCATION: 10970, 11030 and Charlotte Allsop (Accounting M nager) 11060 SW North Dakota Street; WCTM 1S134DB, Tax Lots 3300, 3400, 3500 and 3700. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate °° detached single-family homes with or without accessory residential Subscribed and sworn to before me this units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic October 20, 2005 and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development r :}-�-� .. C� x \ Code Chapters, 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, NOTAR`i0 PUBLIC FOR OREGON 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795,and 18.810. My commission expires .a% a,O • �v r\ \ j v `7 \ mammy non r• M w , ' ETi.,, "'. `G 1 ' SU62005-00011 Acct#1093001 (`-` ?T - -1• ; . -__. i A SUB2005-00004 ., i ION200S-00006 City of Tigard-Patricia Lunsford ( 17'x, r 1 7 ■ ... ti ► " M420 MOOS-00019 r �, • � r_ � , f „ 13125 SW Hall Boulevard ) � :,: �. g IN ..• 11 to Or 11)pj' q Tigard, OR 97223 1 MYI . . 1`RI DAKOTA GLEN �`� r i il� SUBDIVISION Size 2 x 10 11 ...r: - I. • "-1 _ Amount Due $167.00 z • r 'remit to address above ■ ° 0 -I k<A:I^ am ,,1 . I. - A� =MEPublish 10/20/05 TT10702 Cm OF TIOARD Community(Development S(taping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 1/12/2006 FILE TITLE: DAKOTA GLEN SUBDIVISION FILE NOS.: SUBDIVISION (SUB) 2005-00011 PLANNED DEVELOPMENT REVIEW (PDR) 2005-00004 ZONE CHANGE (ION) 2005-00006 ADJUSTMENT(VAR) 2005-00079 APPLICANT: Venture Properties, Inc. APPLICANT'S Alpha Community Development Attn: Wendy Hemmen, PE REP.: Attn: Jeff Vanderdasson, PE 4230 SW Galewood Street, Suite 100 9600 SW Oak Street, Suite 230 Lake Oswego, OR 97035 Portland, OR 97223 OWNER: Brent and Georgia Espy OWNER: William Jabs Trust 11060 SW North Dakota Street 10970 SW North Dakota Street Tigard, OR 97223 Tigard, OR 97223 REQUEST: The applicant is requesting approval for a 24 lot Planned Development Subdivision of 4.97 acres for detached single-family residences. Three single-family residences exist on the site, which have been proposed to be removed. LOCATION: 10970, 11030 and 11060 SW North Dakota Street; WCTM 1S134DB, Tax Lots 3300, 3400, . 3500`and 3700. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. DECISION MAKING BODY: ❑ TYPE I ❑ TYPE II B TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: SEPTEMBER 27,2005 DATE COMMENTS ARE DUE: OCTOBER 11,2005 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ® PLANNING COMMISSION (MON.) DATE OF HEARING: 11/7/2005(Tentative) TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ❑ STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ®VICINITY MAP ® LANDSCAPING PLAN ® TRAFFIC IMPACT STUDY ®SITE PLAN ® GRADING PLANS ® IMPACT STUDY ®NARRATIVE ® STORMWATER REPORT ® ARBORIST REPORT STAFF CONTACT: Mathew Scheideqger, Associate Planner(503)639-4171, x2437 NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: O CITY OF TIGARD THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, Community Development IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION,AT A MEETING ON MONDAY, NOVEMBER 7, 2005 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: DAKOTA GLEN SUBDIVISION FILE NOS.: SUBDIVISION (SUB) 2005-00011 PLANNED DEVELOPMENT REVIEW (PDR) 2005-00004 ZONE CHANGE(ION) 2005-00006 ADJUSTMENT(VAR) 2005-00079 APPLICANT: Venture Properties, Inc. APPLICANT'S Alpha Community Development Attn: Wendy Hemmen, PE REP.: Attn: Jeff Vanderdasson, PE 4230 SW Galewood Street, Suite 100 9600 SW Oak Street, Suite 230 Lake Oswego, OR 97035 Portland, OR 97223 OWNER: Brent and Georgia Espy OWNER: William Jabs Trust 11060 SW North Dakota Street 10970 SW North Dakota Street Tigard, OR 97223 Tigard, OR 97223 REQUEST: The applicant is requesting approval for a 24 lot Planned Development Subdivision of 4.97 acres for detached single-family residences. Three single-family residences exist on the site, which have been proposed to be removed. LOCATION: 10970, 11030 and 11060 SW North Dakota Street; WCTM 1S134DB, Tax Lots 3300, 3400, 3500 and 3700. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795, and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. 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. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. il ANYONE WISHING TO PRESENT WRI EN TESTIMONY ON THIS PROPOS ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE 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 OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. 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 THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. 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 (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MATHEW SCHEIDEGGER AT 503-639-4171, AT TIGARD CITY HALL AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO Matts @ci.tigard.or.us. • TIGII 1 ARD ARD PLANNING COMMISSION lk CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM#: 5. I Pagel of I DATE OF HEARING: I I/ 7 / OS CASE NUMBER(S): 5(AA 00-S---M� (Y)/ ' OWNER/APPLICANT: 3 ao-t.ec 'C./It7 v sub LOCATION: lerila 1103°1 Li O I9 0 1 v 1)1.0 M S I ee4- PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation) Name: 0-tt/Q -4uAF r c. A ( CCI lLT')Name: pQ rC ' fa r O Y✓e_Y' ow,, ri' Address: //1 3 5V 774,1-4-09 Address: /0 91/o .,r.0, /V. Da/661 SL7 City: /,C6AAZ State: Zip: <f'LZ3 city: 7,-yard State: ©V zip: 7 2R a3 ll !� ,n ).,v,v►i4--v / Name: L o Ir; l i CS 7 Voon N S OSi Q, Name: ,EA1■ ..0L1.-t VAIJ Address: III I4 Su) -11—clr\Cwd Address: I,t 29 15 SVl) t0e3 t' A.A.,G City: `Ti (j O.Y d State: O R Zip: 9 9 2-1-3. City: Tim State: `rye Zip: C1-2Z 3 Name: Low-v. 6://e1/' Name: \..iy .Q4+ o i • Address: /44V SG(,) l G✓4'N l'Y / Address: ) Di n O W V • i City l6 a✓ct State:O r�G Zip: Q 7213 City: State: Die____ zip:l )'Z-Z Name: ID,Z(4 1 gej Name: �,�� %,<__ /L )11-r Address: /1/2q!2 'T SG✓ 7 EZ L f') Address: )/v s sit) Zit,," .... 1 L . City: //os/aD State: C%R Zip: q7/2-3 City: State: /Q Zip: 9 N21 Name:1(: /€ '`= Name: e.--.. « Address: /1 L/II S 5a) 'Ka "Ai-kn. Address: td A5�Sail, --) 1 7 A� : � Zip: `�7�� City: ../116-4/0 : ` : ?1 ). 13 City: � State. /� Zip. 3 Cuv. State: � Z>.p. Dick Bewersdorff- Land Use Decisions I) Page—1 % . From "Gary Firestone" <garyf @rcclawyers.com> - 0',g f .. To: <DICK @ci.tigard.or.us> t 'a. Date: 11/8/2005 8:46:27 AM Y, .3 p- Subject: Land Use Decisions You have asked me whether the Planning Commission needs to make a motion to deny an application after a motion to approve has failed. If the matter is a quasi-judicial land use matter, then the Planning Commission does need to have a motion to deny, because the Planning Commission is required to make a decision, and a failed motion is not normally a decision. Furthermore, all land use decisions, whether approval or denials, require findings--statements of fact and an explanation of the basis of the decision. Both the state statutes and the CDC require findings to support any decision. So a motion to deny and adopt findings in support of denial is needed. I will now run through a few hypothetical situations. 1. A motion to approve is not seconded and no other motion to approve is made. A motion to deny and adopt findings of fact is needed to resolve the matter. 2. A motion to approve is made a seconded, but fails to achieve even 50 percent of the votes of the Planning Commission. The PC at that time has two options, one to have another motion to approve, but with different conditions, the other to deny and adopt findings in support of the denial. 3. Numerous motions to approve have failed, all on tie votes. It is apparent that the PC is split as to whether to approve. At this point, a motion to deny and adopt findings should be made. Assuming another tie vote, some effort should be made at a motion that states that the PC has failed to approve and that the application is therefore denied, and that adopts findings. One or more of those who voted for approval will hopefully vote with this motion, since it does not indicate their disapproval of the application. Alternatively, one of the PC members who voted in favor could abstain, which would result in a majority vote. As an alternative, after a tie vote, the Plannning Commission can vote to refer the matter to the Council, given the PC's inability to reach a decision. This is not the preferred option, given the Code requirements that the PC make a decision. Another alternative is to set the matter over to the next meeting, and hope that an odd number of Planning Commission members are present. Any PC member who did not attend the first hearing, must review the first hearing before participating in the second hearing. Let me know if you have any questions. Gary Firestone This message originates from the law firm of Ramis Crew Corrigan, LLP. This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages express solely the sender's views and not those of Ramis, Crew, Corrigan, LLP. This message may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at(503)222-4402 or reply to the e-mail address above. • • Agenda Item: 5 , Hearing Date: November 7,2005 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OF TIGARD Community Development FOR THE CITY OF TIGARD, OREGON Shaping A Better Community 120 DAYS = 1/12/2006 SECTION I. APPLICATION SUMMARY FILE NAME: DAKOTA GLEN SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2005-00011 Planned Development Review (PDR) PDR2005-00004 Zone Change (ZON) ZON2005-00006 Adjustment (VAR) VAR2005-00079 APPLICANT: Venture Properties OWNER: Brent & Georgia Espy Attn: Wendy Hemmen 11060 SW N. Dakota St. 4230 SW Galewood Street, Suite 100 Tigard, OR 97223 Lake Oswego, OR 97035 OWNER: William Jabs Trust 10970 SW N. Dakota Street Tigard, OR 97223 REQUEST: The applicant is requesting approval for a 24-lot single-family Subdivision of 4.97 acres with a Planned Development (PD) overlay. All 24 lots are proposed to be developed with single-family detached homes. The average lot size is proposed to be 6,250 square feet. The applicant is also proposing two open space tracts to be passive natural areas with benches, playground and a walking trail. A Zone Change is required to apply the PD overlay. The applicant is also requesting an adjustment to the street standards of 18.810 (Street and Utility Standards) in order to reduce the required right-of-way from 54 feet to 50 feet. ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10970, 11030 and 11060 SW North Dakota Street; WCTM 1S134DB, Tax Lots 3300, 3400, 3500 and 3700. REVIEW CRITERIA: Community Development Code Chapters, 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find that the proposed Planned Development Subdivision will not adversely affect the health, safety and welfare of the City and meets the Approval Standards as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval and Findings within the staff report: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 1 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • i CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a coverletter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required. If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the cash assurance, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the . cash assurance as a fee in lieu of planting. 2. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 3. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree rotection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. The applicant is required to provide factual information regarding site conditions as it pertains to ground slumping and sliding. 6. The applicant is required to provide information showing at least 20 percent of the site to be landscaped. 7. Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code shall be maintained and any violation of these standards will constitute a violation of code. 8. Provide a plan showing street trees located on all streets within the subdivision in compliance with the planting and spacing standards of 18.745.040.0 of the Tigard Development Code. 9. Submit and implement a re-vegetation plan that addresses the criteria of 18.745.060.B and C (Re-vegetation 10. Provide mitigation for 1,127 caliper inches of trees. 11. Provide a revised tree protection/removal/mitigation plan to be reviewed and approved by the City's Forester and a member of the City's Current Planning staff. 12. The applicant will need to record a deed restriction for all trees to remain on-site, either independently or for all lots in the subdivision. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 2 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • 13. Provide documentation satisfactory to the Planning Commission that the existing vegetation on-site is being protected to the greatest extent possible. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 14. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard- or.gov). 15. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 16. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 17. Construction access for this development shall be limited to the proposed 110th Place access onto North Dakota Street. Construction access will not be allowed through the existing subdivision to the west. 18. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 19. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of North Dakota Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route local street) from curb to centerline equal to 18 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. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron Of applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW North Dakota Street in a safe manner, as approved by the Engineering Department. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 3 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • 20. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 21. The applicant's plans shall be revised to show all public sidewalks located within the public ROW. The public sidewalk will not be allowed to meander outside of the public ROW unless approved by the City Engineer and City Arborist. 22. A profile of North Dakota Street and of Toreland Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. The grades shall be indicated on the profiles in percentages. 23. The applicant's plans shall indicate that the driveways for lots 1, 2, 3, 22, 23 and 24 are located as far as possible from the intersection of North Dakota Street and 110th Place. 24. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 25. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 26. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the PFl permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 27. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 28. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be • provided to sufficiently contain and convey runoff from each lot. 29. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 30. The applicant's engineer shall provide final sight distance certification, upon completion of public improvements for the intersection of North Dakota Street/110th Place, 110th Place/Tract C and 110th Place/Tract D. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 4 OF 39 PLANNING COMMISSION HEARING 1117/2005 • • 31. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. 32. A note will be placed on the final plat that restricts fences to be placed in the visual clearance intersections of proposed streets. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 33. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 34. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 35. 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(s) and tracts A and B (open spaces). 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(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 36. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 37. Prior to final plat approval, the applicant shall pay $1346.00 to the City for the striping of the bike lane along the frontage of North Dakota Street. 38. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements fo grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. 39. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final 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. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 5 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • D. The right-of-way dedication for North Dakota Street, providing 29 feet from centerline, shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 50339-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 40. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. 41. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney in regard to the following: A. The continued use of such land for the intended purposes; B. Continuity of property maintenance; (Open Space Tracts "A" and "B") C. When appropriate, the availability of funds required for such maintenance; D. Adequate insurance protection; and E. Recovery for loss sustained by casualty and condemnation or otherwise. 42. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 43. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 44. The City Engineer has determined the necessity for, and requires submittal and approval of, a construction access and parking plan for the home building phase. The applicant shall provide the plan prior to issuance of building permits. At the very minimum, the barricade on Toreland Street is to remain in place until 50°g occupany of the homes. 45. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. 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 substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 6 OF 39 PLANNING COMMISSION HEARING 11/7/2005 I • 46. Prior to issuance of building permits, the a plicant shall provide the City with as-built drawings of the public improvements as follows: 1)p3 mil mylar, 2) a diskette of the as-builts ira in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 47. The applicant shall either place the existing overhead utility lines along SW North Dakota Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00.per lineal foot. If the fee option is chosen, the amount will be $11,767.00 and it shall be paid prior to issuance of building permits. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, 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. 18.430.100 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. 18.430.070 Final Plat Application Submission Requirements: I hree 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. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 7 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • 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. 18.810 Street& Utility Improvement Standards: 18.810.120 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. 18.810.130 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 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans, therefore, have been approved by the City, permit fee paid and permit issued. 18.810.180 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. 18.810.200 Engineer's Certification 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 engineenn9 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 THE PLANNING COMMISSION'S DECISION. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 8 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • SECTION III. BACKGROUND INFORMATION Site History The subject property has been used as single-family residential for years. No land-use cases are associated with the site except for the subdivision application that is being reviewed concurrently with this application. The applicant has applied for subdivision review as a fall back in case the Planned Development application is denied. A copy of the alternate subdivision layout is attached. No other land-use cases are associated with the subject parcels. Vicinity Information: The site is located within the City limits, on the southern side of SW North Dakota Street between SW 115th Avenue and SW Tiedeman. The subject property is bordered by existing single-family homes to the east, south and west. Proposal Information: The applicant is requesting approval for a 24-lot single-family Subdivision of 4.97 acres with a Planned Development (PD) overlay. All 24 lots are proposed to be developed with single-family detached homes. The average lot size is proposed to be 6,250 square feet. The Planned Development chapter allows the average lot size to drop below the minimum lot size for the conveyance of open space. The applicant has proposed two open space tracts to be passive natural areas with benches, play.ground and a walking trail. If the area of the proposed open spaces were included in the lot size averaging, the proposed parcels would average out to be a number considerably larger than the minimum lot size of the R-4.5 zoning district (7,500 square feet). SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City sent notice to property owners within 500 feet of the subject proposal. No letters were received. SECTION V. DECISION MAKING PROCEDURES, PERMITS AND USE USE CLASSIFICATION: SECTION 18.130.020 Lists the Use Categories. The applicant is seeking approval of a 24 lot subdivision on 4.97 acres. The lots are to be developed with detached single-family homes. No minimum lot size is required under the Planned Development land-use process, therefore, lot sizes within the development are proposed to average 6,250 square feet. The site is located within the R-4.5 zoning district. Planned Developments are permitted in all districts. The applicant has applied for conceptual and detailed planned development approval in conjunction with the subdivision. SUMMARY LAND USE PERMITS: CHAPTER 18.310 Defines the decision-making type to which the land-use application is assigned. This is a Planned Development/Subdivision, which is defined as a Type III-PC Application as described below. The applicant has applied for a Planned Development in order to provide smaller lot sizes, private streets, open space and altered setbacks. DECISION MAKING PROCEDURES: CHAPTER 18.390 Describes the decision-making procedures. Type III procedures apply to quasi-judicial permits and actions that contain predominantly discretionary approval criteria. Type III-PC actions are decided by the Planning Commission with appeals to the City Council. Type III-HO actions are decided by the Hearings Officer with appeals to City Council. In cases where both the Hearings Officer and Planning Commission are involved, the Planning Commission has preferential jurisdiction, per Tigard Development Code (TDC) Section 18.390.080(D)(2)(a). DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 9 OF 39 PLANNING COMMISSION HEARING 11/7!2005 1 • SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS Variances and Adjustments (18.370) The applicant has requested an adjustment to reduce the required 54-foot right-of-way as indicated in figure 18.810.4 of the Tigard Development to a 50-foot right-of-way. The requested adjustment is to more closely match the existing right-of-way of SW Tor land-Street through Torland Estates Subdivision. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The proposed Dakota Glen subdivision will extend the pre-existing SW Torland Street that currently terminates at the west property line of the subject property. When constructed, Torland Street required a 50 foot right of way. The Tigard Development Codes now requires a local street to have a 54-foot right-of-way. The applicant had initially wanted to provide a "skinny" street section with a 50 foot right-of-way and a 28 foot pavement section through this development. This request was denied by the City Engineer as Torland Street will be a short looped street and the pavement width should be constant at 32 feet from curb to curb. Their application now requests that they be allowed to provide a 50 foot right-of-way, 32 foot pavement section, 5 foot sidewalks with only a 3 foot planter strip instead of the required 5 foot planter strip. The TSP has provided for the larger 5 foot plante�E to help ensure survival of street trees. The applicant has, after meeting with staff on October 17m, 2005, agreed to provide an additional 2 foot public sidewalk and landscape easement on each side of the right-of-way to accommodate a meandering 5 foot sidewalk and 5 foot planter strip. They have proposed meandering the sidewalk in order to save 2 clusters of trees. The applicant has argued that imposing the 54 foot right-of-way would create an adverse impact on the ability to develop the property to the base standards of the R-4.5 zoning district and provide for marketable home sites. FINDING: The applicant has indicated that if the required 54 feet of right-of-way for Torland Street is imposed on the project, the parent parcel could not meet the base zone standards of the R-4.5 zoning district. This proposal is a planned development, which does not require an applicant to meet the base zone standards. If the Commission imposes the required right-of-way, which includes a five foot planter strip and 5 foot sidewalk, the applicant has two options, make the proposed lots smaller or reduce the number of lots. The applicant has proposed the maximum number of lots that the required density allows (24 units). The minimum allowable density for the subject site is 19 units. The Planning Commission has the discretion to require the full 54 foot right-of-way or allow an adjustment to the right-of-way standard for a 50 foot right-of-way with the requirement to provide the additional 2 feet on each side in a public easement for sidewalk and landscaping. The applicant shall be required to submit revised plans to reflect the decision of the Planning Commission decision. GENERAL PLANNED DEVELOPMENT STANDARDS: CHAPTER 18.350 The applicant has requested a Planned Development (PD) overlay zone change for the subject property. The PD overlay requires developers to follow the Planned Development process for any proposal on affected sites. The Planned Development chapter provides for flexibility in development design and allows deviation from certain standards of the base zone. The following addresses compliance with the process and applicable base zone standards. The Planned Development Process: Section 18.350.030 states that there are three elements to the planned development approval process, as follows: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 10 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • • The approval of the planned development overlay zone; • The approval of the planned development concept plan; and • The approval of the detailed development plan. The applicant's conceptual plan is to maximize development while preserving many of the existing trees located on the subject parcel. The detailed proposal is for a 24-lot subdivision and planned development overlay zone change request, to be reviewed concurrently. Per the provisions of this chapter, planned development designation is applicable in all zones. Subsection 18.350.020.E of the Development Code provides for a concurrent hearing for both the proposed planned development overlay zone and the subdivision proposal. Applicability Of The Base Zone Development Standards: Section 18.350.070 requires compliance to specific development standards: The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; The lot sizes range between 5,008 and 9,818 square feet. The required lot size for the R-4.5 zoning district is 7,500 square feet unless an applicant specifically requests different lot sizes through the Planned Development (PD) process, as is the case for this proposal. The minimum lot width for the R-4.5 zoning district is 50 feet. All of the proposed parcels are a minimum of 50 feet in width. Average lot depths range from 95-156 feet deep. The applicant has identified and detailed the requested lot dimensional standards for this development, and the minimum and maximum density requirements have been satisfied as discussed later in this report under 18.715 (Density Computations). Site coverage: The site coverage provisions of the base zone shall apply; There is no maximum lot coverage within the R-4.5 zoning district. Therefore, this standard does not apply. Building height: The building height provisions shall not apply; and The R-4.5 zoning district has a 30-foot maximum building height limitation. The applicant has indicated that building heights shall meet the 30-foot standard. Therefore, this standard is satisfied. Structure setback provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; The applicant has requested to alter the setbacks of the base zone by reducing all of the lots to eight foot side yard setbacks on all of the street-side lots and reduction of all front yard setbacks to 15 feet. Additional alterations to setbacks are as follows: Lot 2 8' side yard SW 110th side) Lot 5 8' side yard SW Torland side & 4' side yard south lot line) Lot 6 4' side yard north lot line & 8' side yard private street side) Lot 12 8' side yard south lot line) Lot 15 8' side yard private street side & 12' rear yard) Lot 18 4' side yard west lot line) Lot 19. 8' side yard SW 1101 side) Lot 22 8' side yard SW 110th side) The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code (UBC) requirements for fire walls; The applicant has proposed to reduce side yard setbacks. However, none of the proposed lots have less than three foot side yard setbacks. Therefore, this standard is satisfied. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 11 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1).A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street; (2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required-off-street parking spaces are provided All of the proposed parcels have been shown to meet the applicable setbacks on the perimeter of the project and the applicant has indicated that all future homes will have a garage setback of 20 feet. Therefore, this standard is satisfied. Other provisions of the base zone: All other provisions of the base zone shall apply except as modified by this chapter. Any additional provisions of the base zone are discussed within the body of this report or will be reviewed during the building permit phase. Exceptions to parking requirements: The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone based on findings that: 1. The minor exception is not greater than 10 percent of the required parking; and 2. The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking; or 3. There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or 4. Public transportation is available to the site, reducing the standards and will not adversely affect adjoining uses; or 5. There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. The proposal is for a 24-lot subdivision intended for single-family dwellings. Per Section 18.765.2 of the City of Tigard Development Code, single-family dwellings are required to have at least one parking space er dwelling unit. Each residence will include a garage as well as a residential driveway; therefore , an exception is not requested. Exceptions to sign requirements: The Commission may grant an exception to the sign dimensional requirements in the applicable zone based on findings that: 1. The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs; 2. The exception is necessary for adequate identification of the use on the property; and 3. The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. The applicant has not requested an exception to the sign requirements. Signs are discussed in greater detail later in this report under 18.780 Signs. Exceptions to landscaping requirements: The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan provides for 20% of the gross site area to be landscaped. The applicant has proposed two open space tracts, Tract A and B, which contain large trees to be saved, benches and a private park. However, there are no landscaping requirements within the R-4.5 zoning district. Therfore, this standard does not apply. General submission requirements: A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The proposal is for a 24-lot subdivision consisting of single-family detached residential dwellings. The applicant's rationale for application for planned development as opposed to a typical subdivision is as follows. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 12 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • In meeting underlying density requirements of the R-4.5 zone and providing for a public dedicated street which provides for the natural and logical extension of SW Torland Street; initial site planning exercises indicated that a great number of existing trees — approaching 100% would need to be removed. The planned development site plan meets the density requirements while preserving a far greater number of existing trees by essentially trading larger lots for open space / tree preservation tracts. Coupling the dimensional lot standards of the base zone and a desire to preserve existing trees made any attempt to meet, or even approach the density requirements futile. The resulting smaller lot sizes allow for the preservation of a substantial amount of existing trees and greenspace while providing for marketable home sites. The greenspace shall also accommodate a substantial amount of mitigation planting, further increasing the quality of the amenity. Open space tract A is proposed to function as a passive natural area where residents may come to relax. It will feature two benches as well as circular bark dust-type trail meandering through the wooded tract, accessed via the end of private street tract D. The benches will be installed in such a manner/location as to provide for a sightline to the private street for safety and security. The planned development scenario also avoids a potentially unpleasant situation raised at the neighborhood meeting in which the neighboring owner of Tax Lot 1 S134DB-006900 would be effectively "surrounded" by streets, either public or private, serving lots in the southwest portion of the site. Instead, a park-like, largely naturalized, setting will abut these neighboring residences and serve to buffer the two developments. Open space tract B will be the focal point of the community. The open space tract is proposed to function more as an active area, located centrally in the development, where residents may easily gather to play and interact. Mitigation trees shall be planted along the western property line in tract B to provide for a pleasant play environment as well as screen and buffer the active area from neighboring Torland Estates subdivision. This active space will feature a play structure to be installed atop a 600.square foot bark dust bed for safety and delineation. Invasive brush will be removed from the tract in order that the remainder of the tract function as an irrigated grass play area. Two benches will also be installed in this tract to promote parental supervision. The overall character of the planned development will not differ greatly from atypical subdivision with 2-story homes which otherwise meets the lot standards, as the average lot size drops only to 6,250 square feet. It is the applicant's assertion that there is an inherent value to the residents of the community, neighboring residents and the environmental quality of the site. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. The applicant does not anticipate constructing the planned development in multiple phases, with construction of a single phase beginning in early spring of 2006. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. The applicant intends to sell all 24 individual homes for the purpose of development of single-family detached residences. Open space tracts A and B are to be owned and maintained in common by the homeowners' association or similar entity. A narrative statement presenting information, a detailed description of which is available from the Director. The applicant has submitted a narrative addressing all applicable criteria of the development code. Therefore, this standard is satisfied. Additional information: In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept; 3. A grading concept; 4. A landscape concept; DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 13 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • 5. A sign concept; and 6. A copy of all existing or proposed restrictions or covenants. A preliminary set of plans including an existing site conditions, site concept, grading plan, and tree plan has been included with the application. A copy of restrictions and covenants will be conditioned later in this report under 18.810 (Street and Utility Improvements). This criterion has been satisfied. Specific planned development approval criteria. The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met; The applicant has applied to subdivide the property concurrently with the planned development approval; therefore, all subdivision criteria must be satisfied. Compliance with the subdivision approval criteria is discussed in greater detail in Chapter 18.430 (Subdivisions) later in this report. The application has met or can be conditioned such that the subdivision provisions are satisfied. This criterion is satisfied. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to ustify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to of or the commission may require additional open space dedication and/or provision o additional amenities, landscaping or tree planting. The paragraph above refers to the chapter headings below, where findings are made in order to justify the applicant's modifications to the applicable standards. Therefore, this criterion has been satisfied. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: The applicant has not requested a density bonus. Density is discussed in greater detail under 18.715 (Density) below. Chapter 18.730, Exceptions to Development Standards; The applicant has not requested any exceptions within this section. Therefore, this section does not apply. Chapter 18.795, Visual Clearance Areas; Visual clearance is discussed in greater detail later in this report under 18.795 (Visual Clearance). Chapter 18.745, Landscaping and Screening; The proposed single-family homes abut adjacent single-family homes to the, east, south and west. According to chapter 18.745, no buffering or screening is required between single-family uses. Landscaping is discussed in greater detail later in this report under 18.745 (Landscaping and Screening). Chapter 18.765, Off-street Parking and Loading Requirements; DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 14 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • The applicant has proposed that all homes will be provided with a garage and at least 20 feet in front of the garage. Therefore, this standard has been satisfied. Chapter 18.705, Access, Egress and Circulation; and Each lot will be served by a driveway to the proposed streets. The minimum required width for a driveway is 10-feet, which will be assured at time of building permit review. The proposed street improvements are discussed under Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Chapter 18.780, Signs. No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. The City of Tigard has had a problem enforcing sign regulations relating to signs advertising lots and homes for safe. The applicant's acknowledgement of sign regulations is one measure the City employs to help facilitate enforcement by negating an argument by an offender that he or she was unaware of the regulations and by serving as notice that the City intends to hold the developer responsible for signs associated with sale of lots and homes in the developer's subdivisions. Such notice motivates a developer to address sign regulation compliance with the sales people/company he or she contracts with or employs to market the lots. Therefore, In accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. In addition, the following criteria shall be met: Relationship to the natural and physical environment: 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; The applicant has proposed to align the proposed ublic street and lot layout in a manner that saves the maximum amount of trees as possible and avoids the grove of trees located on Tract 'A' altogether. Additionally, the sidewalk alignment on the north side of SW Torland Street is proposed to meander through Tract B to further avoid disturbing trees. This will be subject to City Engineer and arborist approval. Drainage is discussed later in this decision under 18.810 (Street and Utility Standards). Structures located on the site shall not be in areas subject to ground slumping and sliding; The applicant has indicated that the proposed single-family homes will be located outside of any area subject to slumping or sliding. However, the applicant has not given any factual information to support their statement. Therefore, the applicant is required to provide factual information regarding site conditions as it pertains to ground slumping and sliding. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; The applicant has proposed alternative setbacks for interior lots and street-side side ards; however, none of the alterations will reduce setbacks between units below the minimum three feet required by Tigard's building code. Units on the perimeter of the project must meet the base zone setback requirements as required by this chapter. Therefore, this standard is satisfied. The structures shall be oriented with consideration for the sun and wind directions, where possible; and Thirty three percent of the proposed lots have been oriented east-west, which will receive morning sunlight in their rear yards. Therefore, this criterion has been satisfied. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 15 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Based on the tree assessment performed by Halstead's Arboriculture Consultants, Inc. there are a total of 150 trees located within the project boundaries. The applicant is proposing to remove 120 of the existing trees. The massive removal of trees is due to the grading for new streets and home sites. The applicant has proposed to mitigate 1,127 inches which will be discussed in greater detail under 18.790 Tree Removal. The applicant has not provided a formal statement within the narrative explaining that 30 trees is the greatest number of trees that can be preserved. Therefore, staff cannot make a ositive finding that trees are being preserved to the extent possible and leaves the decision to the discretion of the Planning Commission. Buffering, screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; The proposed subdivision is for single-family detached homes, which abut single-family residences to the east and west of the subject site. According to Table 18.745.1, Buffer Matrix, no buffer is required between single-family uses. Therefore, this standard has been satisfied. In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: • The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; • The size of the buffer needs in terms of width and height to achieve the purpose; • The direction(s) from which buffering is needed; • The required density of the buffering; and • Whether the viewer is stationary or mobile. No buffer is required. Therefore, this standard does not apply. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. There are no specific service areas, storage areas, parking lots or mechanical devices proposed with this development. No additional screening is required. This criterion is satisfied. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Private outdoor area -- multi-family use: Shared outdoor recreation areas -- multi-family use: These criteria relate to non-residential or multi-family structures and are not applicable to the proposed single-family development. Access and circulation: The number of allowed access points for a development shall be provided in Chapter 18.705; Each lot will have direct frontage to a public or private street. Access is discussed in greater detail later in this report under Chapter 18.705 (Access Egress and Circulation). All circulation patterns within a development must be designed to accommodate emergency vehicles; and DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 16 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • • Comments from Tualatin Valley Fire and Rescue (TVF&R) indicate that the proposed circulation system for the development is acceptable if their conditions are addressed. See Section VIII of this report for more details. Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. Bicycle and pedestrian facilities are not required as shown on the "Parks Master Plan Map". Therefore, this standard does not apply. Landscaping and open space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section a of this subsection, a minimum of 20 percent of the site shall be landscaped; The applicant has indicated that the two proposed open space tracts (30,006 sq ft.) equal 20% of the entire site. However, according to the density calculations, there is 180,265 square feet of net developable area. Therefore, the proposed open space tracts make up only 16 percent of the required landscaping. Therefore, the applicant is required to provide information showing at least 20 percent of the site to be landscaped. Landscaping of individual houses may be used in calculating the amount of on-site landscaping. Public transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: • The location of other transit facilities in the area; and • The size and type of the proposed development The required facilities shall be limited to such facilities as: • A waiting shelter; • A turn-out area for loading and unloading; and • Hard surface paths connecting the development to the waiting area The subject site abuts SW North Dakota Street, which is not a public transit route. Therefore, this standard does not apply. Signs: A detailed discussion regarding signs can be found under Chapter 18.780 (Signs) later in this report. Therefore, this standard is satisfied. Parking: All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. There are no common parking lots associated with this application. Parking requirements have been satisfied by providing individual garages and driveways. Parking is discussed in greater detail later in this report under 18.765 (Off-Street Parking and Loading Requirements). Therefore, this standard has been satisfied. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 master drainage plan; DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 17 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and Clean Water Services (CWS) requirements. For a more detailed discussion of storm drainage, see the discussion of compliance with the requirement of Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. No 100-year floodplain exists on the site according to the City's FEMA floodplain maps. Therefore, this criterion is not applicable. Shared Open Space: e Re uirements for shared open space: e the open space is designated on the plan as common open space the following applies: • The open space area shall be shown on the final plan and recorded with the Director; and • The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space lproposed for dedication to the City must be acceptable to it with regard to the size, shape, ocation, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. The applicant has proposed two open space tracts equaling 30,006 square feet. The open space "tracts will be commonly owned and maintained by the home owners through the proposed home ownership association. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney in regard to the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; Open Space Tracts "A" and "B") • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. FINDING: Based on the analysis above, the Planned Development standards have not been met. CONDITIONS: • The applicant is required to provide factual information regarding site conditions as it pertains to ground slumping and sliding. • The applicant is required to provide information showing at least 20 percent of the site to be landscaped. • DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 18 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney in regard to the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; (Open Space Tracts "A" and "B") • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. Zone Change: Standards for Making Quasi-Judicial Decisions: Chapter 18.380 A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi judicial zoning map amendment shall be based on all of the following standards: Demonstration of compliance with all applicable comprehensive plan policies and map designations; The Development Code implements the goals and policies of the Comprehensive Plan and planned developments are permitted in all districts when they meet the code criteria of the Development Code. This criterion is satisfied. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and According to the analysis of sections below, the proposed zone change is, or has been conditioned to ensure compliance with the requirements for planned developments (PD) in Section 18.350.020 and all other applicable requirements. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. There is no change in circumstances or inconsistencies to the Comprehensive Plan or Zoning Map that warrants a zone change from the underlying zone. However, a zone change is necessary to place the PD overlay designation on the property. The applicant has addressed the Zone Change standards and applied for a Planned Development. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the zone change criteria have been met. Preliminary Subdivision Plat Approval Criteria: 18.430.040 Approval criteria: The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: Approval through two-step process. An application for a subdivision shall be processed through a two-step process: the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration; and2. The final plat shall reflect all conditions of approval of the preliminary plat. A preliminary plat map is included with the subdivision application. It shows the proposed division of land into lots and roadways and includes all of the information required by the applicable standards of the Code. Therefore, this criterion has been satisfied. Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. The Dakota Glen subdivision, through the processing of this application and the recording of a subdivision plat, will comply with the applicable standards of ORS chapter 92. This standard is satisfied. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 19 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Future re-division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title. The largest of the proposed parcels is 9,818 square feet. The minimum lot size within the R-4.5 zoning district is 7,500 square feet. Therefore, none of the parcels are large enough to be re-divided in the future. This criterion is met. Lot averaging, Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. • The proposed subdivision is a Planned Development. Lot dimensions do not apply to Planned Developments, including lot size. Therefore, this standard does not apply. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. The applicant has not proposed a temporary sales trailer. If a trailer is needed in the future, the criteria of Chapter 18.785 (Temporary Uses) will be used. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. No floodplain is associated with the subject site. Therefore, this standard does not apply. Floodplain dedications. Where land filling and/or development is allowed within and adjacent, to the 100-year floodplain outside the zero-foot rise floodway, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. No floodplain is associated with the subject site. The nearest floodplain is approximately 1,200 feet to the east of the subject site. Therefore, this standard does not apply. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. Utilities are discussed later in this report under 18.810 (Street and Utility Improvement Standards). Therefore, this standard has been satisfied. • Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Utilities are discussed later in this report under 18.810 (Street and Utility Improvement Standards). Therefore, this standard has been satisfied. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). No 100-year floodplain is associated with this development. As mentioned above, the nearest floodplain is approximately 1,200 feet to the east. Therefore, this standard does not apply. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 20 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • As illustrated in this report, the proposed plat complies with the zoning ordinance and other applicable ordinances and regulations. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The applicant has provided documentation of a plat name reservation from the Washington County Surveyor's Office. Therefore, this criterion has been satisfied. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions 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; and The proposed streets within the development include an extension of the adjoining SW Toreland Street to the west, which extends to SW North Dakota through the proposed subdivision. Therefore, this standard is satisfied. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements by way of a narrative and site plan. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the criteria of the Subdivision Chapter have been met. ZONING DISTRICT Residential Zoning District: Section 18.510.020 The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted outright. Some civic and institutional uses are permitted conditionally. Planned Developments are permitted in all districts provided the application satisfies all applicable criteria. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2. The subject site is designated R-4.5, Low-Density Residential. The R-4.5 zoning district has the following dimensional requirements: STANDARD R-4.5 Minimum Lot Size Detached unit 7,500 sq. ft. Duplexes 10,000 sq.ft. Average Minimum Lot Width Detached unit lots 50 ft. Duplex lots 90 ft. Maximum Lot Coverage - Minimum Setbacks Front yard 20 ft. Side facing street on corner & through lots 15 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district Distance between property line and front of garage 20 ft. Maximum Height 30 ft. Minimum Landscape Requirement - [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. (2] Lot coverage includes all buildings and impervious surfaces. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 21 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • FINDING: Since the proposed development is a Planned Development, the R-4.5 zoning standards can be altered to fit a specific design. The applicant has requested to alter the setbacks of the base zone by reducing all of the lots to eight foot side yard setbacks on all of the street-side lots and reduction of all front yard setbacks to 15 feet. Additional alterations to setbacks are as follows: Lot 2 8' side yard SW 110th side) Lot 5 8' side yard SW Torland side & 4' side yard south lot line) Lot 6 4' side yard north lot line & 8' side yard private street side) Lot 12 8' side yard south lot line) Lot 15 8' side yard private street side & 12' rear yard) Lot 18 4' side yard west lot ijne) Lot 19 8' side yard SW 1101 side) Lot 22 8' side yard SW 110th side) All of the proposed parcels on the perimeter of the project will meet base zone setback requirements. Access, Egress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. Driveways will be reviewed during the building permit phase. Therefore, this standard will be satisfied. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. The proposed subdivision includes plans for the eastern extension of SW Torland Drive, which will turn into SW 110th Place and connect to SW North Dakota. Both proposed streets will be constructed to City standards and dedicated to the City for public use. The proposal also includes plans for a private street (Tract D) at the south end of the property, which will be privately owned and maintained by the homes taking access from the street. Individual driveways will be reviewed during the building permit phase. This standard has been satisfied. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access has not been proposed as part of this application. Therefore, this standard does not apply. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Based on the plans submitted, the proposed lots will take access from the proposed public street system as roposed by the applicant. Streets will be reviewed in further detail under Section 18.810, (Street and Utility Improvement Standards) of the Tigard Development Code. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 22 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. Driveways and curb cuts will be reviewed for compliance during the building permit phase. Inadequate or hazardous access: Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. The plans submitted by the applicant do not indicate any hazardous conditions associated with the proposed access into the subdivision. Standards for access as well as for fire and life safety are discussed elsewhere in this report (Section VIII. Agency Comments). Therefore, this criterion is met. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. According to the Tigard Transportation Systems Plan, SW North Dakota is classified as a neighborhood route. Therefore, there is no individual access to an arterial or a collector. This standard has been satisfied. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed subdivision is for single-family homes. Therefore, this standard does not apply. Access Management Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer has submitted a preliminary sight distance certification for the proposed intersection of 110 Place and North Dakota Street. The engineer states that the required sight distance, based on posted speed, is 350 feet. The available sight distance to the east is approximately 700 feet, while the sight distance to the west is approximately 650 feet, thereby meeting this criterion. The applicant's engineer shall provide a final sight distance certification upon completion of the public improvements and prior to final plat approval. The applicant's engineer shall also submit final sight distance certification for the new intersections of the private streets and 110 Place and Toreland Street prior to final plat approval. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 23 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial'street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The applicant applied for an adjustment to this standard for the driveway for Lot 3. North Dakota Street is classified as a Neighborhood Route (local street), therefore this criterion does not apply and adjustment is not needed. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. North Dakota Street is classified as a Neighborhood Route; therefore this criterion does not apply. Minimum access requirements for residential use: Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Section 18.705.030.1.4 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 one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or 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 maximum cross slope of a required turnaround is 5%. • Proposed Tract "D" is a private street shown as a hammerhead. The longest portion of Tract "D" is 132 feet. The shortest portion is 83 feet. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been satisfied. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 24 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at feast the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. The net development area is determined by subtracting from the gross area, the land needed for public and private streets as well as areas for sensitive lands. The calculations are as follows: Gross lot area 216,633 square feet Private street right-of-way 11,242 square feet Public right-of-way 25,124 square feet NET DEVELOPABLE AREA: 180,267 square feet Minimum Lot Size 7,500 square feet Maximum number of units: 24 units Minimum number of units: 19 units FINDING: Based on the analysis above, the maximum density allowed for the subject parcel is 24 units. The applicant is requesting approval for 24 lots. Therefore, the applicant is within the allowable density. This section has been satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam which is visible from a pro a line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-01P5 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is lipermitted in any given zoning district which is discernible without instruments at the property ne of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (34 ) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 25 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. This is a detached single-family project, which is permitted within the R-4.5 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these • standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: Based on the analysis above, the Environmental Performance Standards have not been met. If the Applicant complies with the condition below, the standards will be met. CONDITION: Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code,shall be maintained and any violation of these standards will constitute a violation of code. Landscapingand Screening (18.745): Section 18.745.030.E states that existing vegetation on a site shall be protected as much as possible. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g. areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). The applicant is proposing to save a large number of trees within two open space tracts. All other vegetation has been proposed to be removed due to infrastructure and lot layout. The applicant faired to address this criterion within their narrative, and must provide documentation satisfactory to the Planning Commission. Section 18.745.040.0 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. This section also contains specific standards for spacing of street trees as follows: • 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; • 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; and • Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; The applicant has proposed to plant Street trees along SW North Dakota, the extension of SW Toreland, and SW 110 Place. The applicant has not proposed street trees along the private street within Tract "D". Therefore, the applicant is required to provide a plan showing street trees located on all streets within the subdivision in compliance with the planting and spacing standards of 18.745.040.0 of the Tigard Development Code. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family detached residential use is adjacent to existing detached single-family uses. Therefore, this section does not apply. Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has been removed through grading. Such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. The applicant has not provided a re-vegetation plan, which will be a condition of approval. FINDING: Based on the analysis above, the landscaping and screening standards have not been met. If the Applicant complies with the condition below, the standards will be met. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 26 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • CONDITIONS: • Provide documentation satisfactory to the Planning Commission that the existing vegetation on-site is being protected to.the greatest extent possible. • Provide a plan showing street trees located on all streets within the subdivision in compliance with the planting and spacing standards of 18.745.040.0 of the Tigard Development Code. • Submit and implement a re-vegetation plan that addresses the criteria of 18.745.030.E, 18.745.060.B and C (Re-vegetation). OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The applicant proposes to build single-family homes which will have garages setback from the proposed property lines by 20 feet. This will assure at least one parking stall per home. The required amount of parking for a detached single-family home is one per dwelling unit. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the Off-Street Parking and Loading Requirements have been satisfied. Signs (18.7801: Chapter 18.780 regulates the placement, number and design criteria for signage. No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. FINDING: To ensure compliance and enforcement of sign violations, a sign compliance agreement will be required. CONDITION:Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program dfining standards and methods that will be used by the applicant to protect trees during and after construction. There are 112 trees on-site that are greater than 12-inches in diameter. The applicant has indicated that 78 trees greater than 12-inches and equaling 1,690 caliper inches are to be removed. According to the mitigation standards of 18.790.030.B.2, "retention from 25% to 50% of existing trees over 12 inches in caliper requires that two thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;" The applicant is retaining 31% of the trees greater than 12-inches. Therefore, the applicant is required to provide a mitigation plan for 1,127 inches. The applicant will also be required to provide a protection plan that reflects the suggestions of the project arborist. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property_owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 27 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • The applicant will need to record a deed restriction for all trees to remain on-site, either independently or for all lots in the subdivision. FINDING Based on the analysis above, the Tree Removal standards have not been met. If the applicant complies with the conditions below, the standard will be met. CONDITIONS: • Provide a mitigation plan for 1,127 inches. • Provide a revised tree protection/removal/mitigation plan to be reviewed and approved by the City's Forester and a member of the City's Current Planning staff. • The applicant will need to record a deed restriction for all trees to remain on-site, either independently or for all lots in the subdivision. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all property adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial-streets the visual clearance shall not be less than 35 feet on each side of the intersection. Construction plans for the streets will need to be reviewed and approved that satisfies the visual clearance requirements. Subsequent grading and vegetative removal may be imposed during infrastructure construction to assure that this standard is met. A note will be placed on the final plat that restricts fences to be placed in the visual clearance intersections of proposed private streets. FINDING: Based on the analysis above, the vision clearance criteria have not been met. If the applicant complies with the condition below, the vision clearance criteria will be met. CONDITION:A note will be placed on the final plat that restricts fences to be placed in the visual clearance intersections of proposed streets. STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood Route to have a 58 foot right-of-way width and 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW North Dakota Street, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide for 29 feet from centerline. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 28 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • SW North Dakota Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street improvements. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Toreland Street, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 50 feet of ROW total to the west, according to the most recent tax assessor's map. The applicant should dedicate 50 feet of ROW for the extension of Toreland. SW Toreland Street is currently terminated at the west property line of this development. The applicant has requested an adjustment to the street improvement standard, reducing the planter strip from 5and a half feet in width to only 3 feet in width. The curb-to-curb width of the pavement is proposed to be 32 feet. The regmest for curb-tight sidewalk was an option because the existing portions of Toreland Street and 1122 Avenue have curb-tight sidewalk. The adjustment for a smaller planter strip is preferred over the continuation of the curb-tight sidewalk. Future Street Plan and Extension of Streets: Section 18.810.030.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-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Due to the existing developments to the east and south there are no opportunities for future street extensions through the proposed development. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector 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. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. 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 development proposes to complete the eastern half of a looped street system, thereby providing circulation through these two subdivisions. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 29 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • • The applicant states that the grades for the proposed streets meet the standards. The applicant shall show the grades (percentage) on their PFI submittal. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant's narrative says there are three private streets, serving no more than six units each. The applicant's plan shows two private streets, Tracts C & D that serve 6 units and 8 units, respectively. Because this is a proposed PD more than 6 units is allowed. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall 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(s). 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. Block Designs - Section 18.810.040.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 18.810.040.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: . Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. The proposed subdivision creates a block that is approximately 1,400 feet in length. Therefore, this standard is satisfied. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Each section of the block created by the subdivision is 350 feet in length, which exceeds the maximum 330 feet. However, the applicant is matching the existing development pattern of the adjoining Torland Estates. Therefore, this standard is satisfied. Lots - Size and Shape: Section 18.810.060(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 The largest of the proposed lots, lot#18 at 9,818 square feet, is less than 1.5 times the minimum lot size (R-4.5 = 7,500 sq. ft). In any case, none of the parcels have a depth that is 2.5 times the average lot width. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. • DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 30 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Proposed parcel 18 has the least amount of frontage at 35 feet, which exceeds the minimum requirement of 25 feet. Therefore, this standard is satisfied. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant has proposed sidewalks on both sides of the new public streets, sidewalk on the south side of North Dakota Street and one side of each of the private streets. The applicant also proposed to meander the public sidewalk through Tract B. The applicant wants to meander the sidewalk to pedestrians may enjoy the wooded open space and to preserve trees. If the applicant wants to provide access to the open space a private trail can be constructed. The trees are not shown to be saved in the arborist's report. The public sidewalk shall be placed within the public ROW. The applicant's plans shall be revised to show the public sidewalk within the ROW along the entire street frontage. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans show the extension of the public sanitary sewer to serve all proposed lots, thereby meeting this criterion. Storm Drainage: • General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drains a facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 31 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • The applicant's engineer has proposed an underground detention system in the North Dakota Street ROW. The engineer has also provided the preliminary sizing calculations for the detention system. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. North Dakota Street is a designated bicycle facility. Cost of Construction: Section 18.810.110.8 states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The cost of the new bike lane should be borne by the applicant. Either the lane will be striped as part of the half-street improvement, or funds will be paid to the City for the striping. The City may delay striping of the lane if there is not a continuous bike lane to the north and south. The City Engineer will determine at construction plan review time as to whether or not to delay the striping. The amount of the striping would be as follows: • 304 feet of 8-inch white stripe, at$2.50/If $760.00 • 9 Mono-directional reflective markers @ $4.00/ea $ 36.00 • 2 Bike lane legends @ $175/ea $350.00 • 2 Directional mini-arrows Ca $100/ea $200.00 $1,346.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bicycle lane width for a Neighborhood Route is 6 feet. Utilities: Section 18.810.120 states that all utility lines, 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, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 32 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • There are existing overhead utility lines along the frontage of SW North Dakota Street. If the fee in- lieu is proposed, it must be approved by the City Engineer. Otherwise the fee in-lieu is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 336.2 lineal feet; therefore the fee would be $11,767. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water S stem: The api ican s p an Indicates that the public water line will be extended within the new public ROW for 110 Place and Toreland Street. All water meters shall be banked at the public ROW. The plans also indicate the installation of three fire hydrants within the development. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 ercent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. Grading and Erosion Control: CWS besign and Construction Standards also regulate 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 CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land . Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. An NPDES 1200-C permit is required prior to construction. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 33 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. IMPACT STUDY: SECTION 18.390.040.B.e Requires that the applicant shall include an impact study. 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 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 of real property interest, or provide evidence which i supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has submitted an Impact Study that addresses the impact of the proposed subdivision on the public facilities systems. The applicant has also addressed the improvements to be made that will minimize the proposed impacts. A copy of the Impact Study can be found within the land-use file (PD2005-00004). This section has been satisfied. ROUGH PROPORTIONALITY ANALYSIS The applicant has provided an impact study addressing the project's impacts on public systems which can be found in the land-use file under the tab, "Impact Statement". 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 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a single-family dwelling is $2,690. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets. Upon completion of this development, the future builders of the residences will be required to pay TIF's totaling approximately $64,560 ($2,690 x 24 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $201,750 ($64,560 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $64,560, the unmitigated impact can be valued at $137,190. Given that the estimated cost of the dedication and half-street improvements along SW North Dakota is $195,145 (North Dakota) ROW dedication = 2,988 sq. ft. x $3.00 + (street improvements) $200.00 x 332 ft. The applicant has proposed to complete the necessary improvements. The project cannot be approved unless the project complies with street improvement standards of the Development Code. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 34 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Crime Prevention Officer has reviewed the proposal and no objection to it. The City of Tigard's City Forester has reviewed the proposal and offered the following comments: LANDSCAPING AND SCREENING 18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows: All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and Landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as a standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 18.745.030.E, Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). See comments under "Tree Removal". 18.745.030.G, Conditions of Approval of Existing Vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. See recommended conditions of approval at the end of this memorandum. 18.745.040, Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10u1 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 35 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. • No more than 10% of any one species be planted onsite. 2. TREE REMOVAL 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan 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, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. 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 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan that was conducted by a certified arborist, David Halstead. The report contains the four required components, and, is therefore, acceptable. I suggest planting native species of trees as street trees such as big leaf maple, cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357- 2745. The species of street tree used in this development is not listed. The species must be approved before the trees can be planted. The applicant has not submitted a final tree mitigation plan. In the event that the applicant chooses to plant trees in open areas within the project boundaries or in the back yards of the homes, I have attached a copy of my guidelines for planting mitigation trees on the development property as the applicant indicates he will be doing. Below are my suggestions for the applicant to follow for tree protection guidelines: Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 36 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: • Visible. • Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. • Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 1/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. SECTION IV. AGENCY COMMENTS The Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: I have reviewed the submittal for the above named project and have the following comments: DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 37 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within T50 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Tract D by virtue of its design provides a hammerhead turnaround that meets this requirement. Tract C shall be provided with a turnaround(see item #3 below for alternative). FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. ADDITIONAL ACCESS ROADS — ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more than 30 one- or two-family dwelling units, not less than two separate approved means of access shall be provided. Where there are more than 30 dwelling units and all are protected by approved residential sprinkler systems, a single access will be allowed. REMOTENESS: Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. The entire lengths of Tracts C & D shall be posted as fire lanes on both sides. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. The proposed number and distribution of fire hydrants is acceptable. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 38 OF 39 PLANNING COMMISSION HEARING 11/7/2005 • • REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the • centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. 7 '-�'� October 28 2005 PREPARE kiew (egge ssociat Manner 1fr'4 � October 28 2005 m •V I : ': 'lc and H. B: sdorfr— DATE Planning M.gager DAKOTA GLEN STAFF REPORT(SUB2005-00011) PAGE 39 OF 39 PLANNING COMMISSION HEARING 11/7/2005 � .W I CITY of TIGARD ' . GEOGRAPHIC INFORMATION SYSTEM i1 ♦ • i� a VICINITY MAP 1* ON.. . Nil IP■t11111. .- .-o.■m�■ ,°ND ���W °���-� o VA 0 ,..�� �; SU B2005-0001 st a PDR2005-00004 MIT� ` PDR2005 00004 POO, W ,------' -D„I,'_ ''L• WINDSOOT m ZON2005-00006 \�� l d---l----p �► ♦ °°�•N �� �� VAR2005-00019 �N GENEVA ST - �. WINDSSR PL a 1 U- -.. 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PIPING R.O.W.: ]a124S PRP/ATE STRED: 11.242 Y I \ / I I OPEN SPA: 9.71 S7 OPEN YACf! 30.001 Si OPENSPACE 211313 OP LOT AREA DENSITY CALC.•100265/7..90.23 UNITS Ak CITY OF TIGARD T .1 ,,; SUB2005-000 I I/PDR2005-000041 CRY Of BOARD SITE PLAN N • Z0N2005-00006/VAR2005-000.79 (Map is not to scale) DAKOTA GLEN SUBDIVISION • • • CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM TO: Planning Commiss'on FROM: Bethany Stewart itio RE: 11/7/05 Agenda item 5.1 Planned Development Review PDR2005-00004 / Dakota Glen Subdivision SUB2005-00011 DATE: November 2, 2005 Enclosed are the following additional materials for your review packet for the meeting of November 7, 2005. 1. Memo from Engineering 2. Letters from citizens 3. Map of Dakota Glen Subdivision SUB2005-00010 (not the Planned Development Subdivision) • • • MEMORANDUM CITY OF TIGARD, OREGON DATE: 10/7/05 TO: Matt Scheidegger, Associate Planner FROM: Kim McMillan, Development Review Enginee RE: SUB2005-000)4 Dakota Glen PD Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer has submitted a preliminary sight distance certification for the proposed intersection of 110th Place and North Dakota Street. The engineer states that the required sight distance, based on posted speed, is 350 feet. The available sight distance to the east is approximately 700 feet, while the sight distance to the west is approximately 650 feet, thereby meeting this criterion. The applicant's engineer shall provide a final sight distance certification upon completion of the public improvements and prior to final plat approval. The applicant's engineer shall also submit final sight distance certification for the new intersections of the private streets and 110th Place and Toreland Street prior to final plat approval. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 1 • • The applicant applied for an adjustment to this standard for the driveway for Lot 3. North Dakota Street is classified as a Neighborhood Route (local street), therefore this criterion does not apply and adjustment is not needed. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum' spacing of local streets along a local street shall be 125 feet. North Dakota Street is classified as a Neighborhood Route; therefore this criterion does not apply. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood Route to have a 58 foot right-of-way width and 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW North Dakota Street, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide for 29 feet from centerline. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 2 • • • SW North Dakota Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street improvements. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Toreland Street, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 50 feet of ROW total to the west, according to the most recent tax assessor's map. The applicant should dedicate 50 feet of ROW for the extension of Toreland. SW Toreland Street is currently terminated at the west property line of this development. In order to mitigate the impact from this development, the applicant should construct full street improvements. The applicant has requested an adjustment to the street improvement standard, reducing the planter strip from 5 feet in width to only 3 feet in width. The curb-to-curb width of the pavement is proposed to be 32 feet. The request for curb-tight sidewalk was an option because the existing portions of Toreland Street and 112th Avenue have curb- tight sidewalk. The adjustment for a smaller planter strip is preferred over the continuation of the curb-tight sidewalk. Future Street Plan and Extension of Streets: Section 18.810.030.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-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Due to the existing developments to the east and south there are no opportunities for future street extensions through the proposed development. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 3 • • Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector 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. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. 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 development proposes to complete the eastern half of a looped street system, thereby providing circulation through these two subdivisions. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The applicant states that the grades for the proposed streets meet the standards. The applicant shall show the grades (percentage) on their PFI submittal. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant's narrative says there are three private streets, serving no more than six units each. The applicant's plan shows two private streets, Tracts C & ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 4 • • D that serve 6 units and 8 units, respectively. Because this is a proposed PD more than 6 units is allowed. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall 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(s). 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. Block Designs - Section 18.810.040.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 18.810.040.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: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING. Lots -Size and Shape: Section 18.810.060(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 PLANNING ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 5 • • Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant has proposed sidewalks on both sides of the new public streets, sidewalk on the south side of North Dakota Street and one side of each of the private streets. The applicant also proposed to meander the public sidewalk through Tract B. The applicant wants to meander the sidewalk to pedestrians may enjoy the wooded open space and to preserve trees. If the applicant wants to provide access to the open space a private trail can be constructed. The trees are not shown to be saved in the arborist's report. The public sidewalk shall be placed within the public ROW. The applicant's plans shall be revised to show the public sidewalk within the ROW along the entire street frontage. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans show the extension of the public sanitary sewer to serve all proposed lots, thereby meeting this criterion. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. ENGINEERING COMMENTS SUB2005-000.11 DAKOTA GLEN PD PAGE 6 • • Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant's engineer has proposed an underground detention system in the North Dakota Street ROW. The engineer has also provided the preliminary sizing calculations for the detention system. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. North Dakota Street is a designated bicycle facility. Cost of Construction: Section 18.810.110.8 states that development permits issued for planned unit developments, conditional use permits, ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 7 • • subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The cost of the new bike lane should be borne by the applicant. Either the lane will be striped as part of the half-street improvement, or funds will be paid to the City for the striping. The City may delay striping of the lane if there is not a continuous bike lane to the north and south. The City Engineer will determine at construction plan review time as to whether or not to delay the striping. The amount of the striping would be as follows: • 304 feet of 8-inch white stripe, at $2.50/If $760.00 • 9 Mono-directional reflective markers @ $4.00/ea $36.00 • 2 Bike lane legends @ $175/ea $350.00 • 2 Directional mini-arrows @ $100/ea $200.00 $1346.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bicycle lane width for a Neighborhood Route is 6 feet. Utilities: Section 18.810.120 states that all utility lines, 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, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 8 • • Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the frontage of SW North Dakota Street. If the fee in-lieu is proposed, it must be approved by the City Engineer. Otherwise the fee-in-lieu is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 336.2 lineal feet; therefore the fee would be $ 11,767. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant's plan indicates that the public water line will be extended within the new public ROW for 110th Place and Toreland Street. All water meters shall be banked at the public ROW. The plans also indicate the installation of three fire hydrants within the development. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 9 • • the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. Grading and Erosion Control: CWS Design and Construction Standards also regulate 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 CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge • Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. An NPDES 1200-C permit is required prior to construction. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of$ 50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. • ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 10 • • Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tiqard-or.gov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN'PD PAGE 11 • • person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. -All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. Construction access for this development shall be limited to the proposed 110th Place access onto North Dakota Street. Construction access will not be allowed through the existing subdivision to the west. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. The applicant shall submit construction plans to the Engineering Department . as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of North Dakota Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route local street) from curb to centerline equal to 18 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. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW North Dakota Street in a safe manner, as approved by the Engineering Department. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control • ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 12 • • • devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. The applicant's plans shall be revised to show all public sidewalks located within the public ROW. The public sidewalk will not be allowed to meander outside of the public ROW. A profile of North Dakota Street and of Toreland Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. The grades shall be indicated on the profiles in percentages. The applicant's plans shall indicate that the driveways for lots 1, 2, 3, 22, 23 and 24 are located as far as possible from the intersection of North Dakota Street and 110th Place. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the PFI permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 13 • • • and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. The applicant's engineer shall provide final sight distance certification, upon completion of public improvements for the intersection of North Dakota Street/110th Place, 110th Place/Tract C and 110th Place/Tract D. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 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(s). 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(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. Prior to final plat approval, the applicant shall pay $1346.00 to the City for the striping of the bike lane along the frontage of North Dakota Street. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 14 • • shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final 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. D. The right-of-way dedication for North Dakota Street, providing 29 feet from centerline, shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor.' F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylarn copy of the recorded final plat. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 15 • • The City Engineer has determined the necessity for, and requires submittal and approval of, a construction access and parking plan for the home building phase. The applicant shall provide the plan prior to issuance of building permits. At the very minimum, the barricade on Toreland Street is to remain in place until 50% occupany of the homes. . Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. 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 substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). The applicant shall either place the existing overhead utility lines along SW North Dakota Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 11,767.00 and it shall be paid prior to issuance of building permits. • IN ADDITION, THEAPPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT:; CODE;. THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 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 ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 16 • • 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. 18.430.090 Bond: As required by Section 18.430.080, 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. 18.430.100 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. 18.430.070 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. ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 17 • • 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. 18.810 Street& Utility Improvement Standards: 18.810.120 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. 18.810.130 Cash or Bond Required ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 18 r • 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 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 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. 18.810.200 Engineer's Certification 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: ENGINEERING COMMENTS SUB2005-00011 DAKOTA GLEN PD PAGE 19 • •11133 SW John• Caufield Tigard,Oregon a St 97 23 October 30,2005 RECEIVED PLANNING OCT 3 1 2005 Mathew Scheideggar Tigard City Hall CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Sir. Regarding the Dakota Glen Subdivision(2005-00011),we would like to comment: There are two plans submitted for the development. One is for a 24 home development and conforms to zoning standards for R4.5 as best as we understand it The second plan, the one we and the Torland neighborhood refers to as"Plan B,"is for a 24 home development After the April 20th meeting with the developer's representatives where both plans were presented to the surrounding property owners, the residents of the Torland Estates neighborhood gathered to discuss the two plans and, if possible,come to consensus on which plan we preferred. Of course,we like our little neighborhood the way it is and would prefer that no development occur, but we realize that developers, property owners, and City officials are only doing their jobs. After resigning ourselves to our fate, a fair amount of discussion took place. It was finally decided that we preferred the 24 home development plan("Plan B")for the following reasons: 1. With the 22 home plan ("Plan A"), the home at 11102 Torland St. would have roads on three sides. That would be unacceptable to the owner and would most certainly result in that family immediately putting their house up for sale. 2. With Plan A, the home at 11124 Torland St. would have roads on two sides. This family did not state if they would move, but they would be saddened and voiced concerns about how this arrangement would negatively affect their homes value and livability. 3. Plan A would most certainly result in four or more very tall and very old fir trees dying. These trees are located right on property lines or just inside property lines for homes at 11102 and 11124 SW Torland St This was stated after an onsite discussion with James Lowery of Halstead's Arboriculture Consultants. 4. There are seven children aged 9 or younger in the Torland neighborhood. With Plan A, there would be an access road(20'wide)put in on the West property line of the 11102 SW Torland property. This road would serve six new homes. As there is a fence along the East boundary of the 11102 property, visibility would be limited to the West at the intersection of this access road and Torland street We feel it would be a safety hazard for the children with this situation. More kids would likely move in and visibility may be an issue to the East after the build-out 5. Plan B (24 home plan) would not result in a road East or South of the 11102 SW Torland property. This would address the concerns in items#1,#3,and#4 above. 6. Plan B would leave the land undeveloped behind the 11124 SW Torland property which would maintain the livability for that family. This would address the concerns in item#2 above. 7. The developer's representatives, Venture Properties and Alpha Development, indicated that with Plan B there would be a park for the neighborhood. They were not clear on exactly how it would be built out(i.e. with play structures for kids or just a cleared out area), but indicated it • • • Page 2 October 30,2005 • would be just East of the 11119 SW Torland property. We were very pleased at this prospect because it provided a place for the kids to play and it could help foster a sense of neighborhood. In addition,there are some other concerns and requests my wife and I have: A We don't want the builders and contractors using Torland Street for access to the build site,for construction traffic,or for parking. B. We'd like the developer to maintain as many big fir trees as possible. To us, the Douglas fir is a trademark of Oregon and we like the wildlife they harbor (particularly the squirrels, chipmonks,and hawks). C. Way down on the priority list, of course, but if the Weeping Willow trees could be saved that are out on North Dakota Street,that would be nice(a neighborhood landmark). We have a nice neighborhood and we hope the developer can understand that we just want to retain as much livability as we can. We know it is a lot about profits, but it is,at least a little,about people,too, isn't it? It's a nice neighborhood now and, maybe with Plan B, it will be nicer after the development is complete. As an aside, last Tuesday night a deer walked down the middle of Torland street My eight-year old boys were amazed and yelled for their Mom to come look. One morning last week, there was the distinct smell of a skunk in the air and a raccoon played more with the backyard pool toys this past summer than my boys did. As we said,a nice, unique neighborhood. Sincerely, Gr_e_e_, Lee and John Caufield PS: I've included/attached some further comments from some important neighborhood voices. PPS: I (John Caufield)will be on hand Monday, Nov. 7"', for the meeting and would like an opportunity to speak. My son(s) may read their letters, too. So, if we could have some time early on the agenda? :.,44b 1)0 (A , �► I. iir )\\(\ , --1 0-A 4 { 5 j • ' c)Ck r R1 �'� -- I "?i a L q Cb 13 tC0k X 5 Q__ e-ilh4fr- _if: i , . • -1-r) e , n • : 900r--,[ , w II cli e s ,L. 1„ Im3 „d_ a I re f r i 1 ►�1 . 1. J tt)c 1-et p _ft,I i --F + tn-- i IQ_ CO 1, _... 4 ( i ..r �d :_i.i. 5,,, , d f 1 eT Q 1 i t 1 r r\ lin q n eil-f-' Et 1 . + [ ( x.........' j .....----"e 'e'rTf`' ....'I. deny vicy),.., i , ,*.4, ,.1 i() Iv , ..s, 4 0 yk, A t vie +tr, • °) +tAd. - (•?, a'. •a - I (PQ___.5 , C ' '•'t . ! 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CITY of TIGARD I • SUB2005-000IO/VAR2005-00036-46/VAR2005-00077-78 AL SITE PLAN N DAKOTA GLEN SUBDIVISION • (Map is not to scale) • • 24 - Lot Planned Development July 12, 2005 response to incompleteness letter Applicant Venture Properties, Inc. 4230 SW Galewood Street #100 Lake Oswego, OR 97035 tel: 503-387-7600 Applicant's Representative Alpha Community Development Jeff Vanderdasson, P.E. 9600 SW Oak Street #230 Portland, OR 97223 tel: 503-452-8003 77: ajpha COMMUNITY DEVELOPMENT • Land Use Application Dakota Glen •:1 • : • • ; I • • ,-; 'ride Clerii)r: Writer irriPad siclet ciistarectr,,, ,r,errer ecilirrerrirr)r-6 ncirne • art:err:est r,...:,fre.:Drt • • PREAPR HBD BY: CITY OF TIGARD PLANNING DNISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.41711503.684.7297 CM OF TIGARD ' OREGON LAND USE PERMIT APPLICATION Fde#[ I. Other Case#1 Date I I BY Receipt# City ❑ Urb❑ Date Complete I . I TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmentNariance(I or II) 0 Minor Land Parton(U) 0 Zone Change(III) p Comprehensive Plan Amendment(IV) $Planned Development(HI) 0 Zone Change Annexation(IV) p Conditional Use(III) 0 Sensitive Lands Review(I, II or III) 0 Zone Ordinance Amendment(IV) p Historic Overlay(II or III) 0 Site Development Review(II) p Home Occupation(II) 0 Subdivision (II or UI) WCAHON WPI I1 PI(OF'UOW ACTIVITY WILL OCCUR(Aden=a 8v3312131e) . 'OSlO- k0 COO No NOri DAKOTA ST IAA MAP&IAA WT WS. I S I3d-D�3 moot , 3600, 3700 �eft al acs SZ- 45 APPLICANT' • \JE1'UZ InAPEzTIa st , twuur[i AUURtalIQ mu EAIIJLIP 4230 5W • LLA)OOb St 4 100 1.�+ ostP GLj , O2 a70?? Iitiur t NU. FAJC PIU. (503)387-7rco (503)%T- 7c r( • Ply(ACT MORIN PRUNE NU. WE D`( ikef(\t s moro one) PLEA PLEAsE Std ltd #)153) eict-ti1IT MILLING A[t NU. FAJC I1Q. 'When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee in xssion with written authorizadon from the owner or an agent of the owner. Ths must sign this application in the -- • • • --• on the back of this form or submit a wrdten auttarhtion wth this = • i -- • _ b ' UDP TT' %3 tt SSAR 4 'Cr) iNsmucts F OM Z- PMEKIT 'rAAJDAQ.DS ORDER u• Cit '►T€ . "ME Ar Jr _ .- . 'PU: C. 11-__ =zip 1 13E !►�. ��a► t• :•4.1 ,_ S+.) �. ► 1 ���.'►� a .'f. 1L vS U. - - �V DF>a w_:- ALL 1.1130 5. IPPUCATIONS WILL In BE ACCEPTS) WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS vaarsnmas a TNC ammo,!Z!IRMITTAI DOM IL M NT 0111111111611ATIC11111 ai111MT • • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. __ • All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. W/i4g,v, ni.��®S Lei •��/ — f4 5/4*— er's Sign ;- re e_ Date ‘■-41.-i'_e■Ig k ,--5. ' Owner's ig -1, re Date ' 4/%. A/ f i % 2,C-I S • , - F ature/ - / Date Owner's Signature - Date - . : L Date /.12.11— a5 Applicant/ -^. -rri-T! r 1. • s Signature Date - - •. . Ill .plkantl s Signature Date • • • • • OWNERSHIP EXHIBIT Project Name: Dakota Glen Proposed Actions: 24- Lot Planned Development Tax Map: 1 S 1 34DB Tax Lots 3300, 3400, 3500, 3700 Site Size: 4.97 acres Zoning: R-4.5 Owners: TL 3300, 3400 TL 3500, 3700 Brent & Georgia Espy William Jabs Trust 11060 SW N. Dakota St. 10970 SW N. Dakota St. Tigard, OR 97223 Tigard, OR 97223 IIIApplicant: Venture Properties, Inc. Wendy Hemmen, P.E. 4230 SW Galewood St. #100 Lake Oswego, OR 97035 - - - tel: 503-387-7600 • Representative: Alpha Community Development Jeff Vanderdasson, P.E. 9600 SW Oak Street, Suite 230 Portland, OR 97223 tel: 503-452-8003 1111 • • • FACT SHEET Project Name: Dakota Glen Proposed Actions: 24- Lot Planned Development Tax Map: 1S 1 34DB Tax Lots 3300, 3400, 3500, 3700 Site Size: 4.97 acres Location: Located along the south side of SW North Dakota Street generally west of Tiedeman Avenue and east of 121St Avenue at street no. 10970- 11060. The site abuts Torland Estates subdivision to the west and Tigard Park subdivision to the south. The Latter Day Saints church is directly across SW North Dakota Street. Zoning: R-4.5 Owners: TL 3300, 3400 TL 3500, 3700 • Brent & Georgia Espy William Jabs Trust 11060 SW N. Dakota St. 10970 SW N. Dakota St. Tigard, OR 97223 Tigard, OR 97223 Applicant: Venture Properties, Inc. Wendy Hemmen, P.E. 4230 SW Galewood St. #100 Lake Oswego, OR 97035 tel: 503-387-7600 Representative: Alpha Community Development Jeff Vanderdasson, P.E. 9600 SW Oak Street, Suite 230 Portland, OR 97223 tel: 503-452-8003 • Dakota Glen PD application • • • GENERAL INFORMATION: Applicant is seeking approval for a 24-unit planned development, Dakota Glen, on the site specifically identified by Tax Lots 3300, 3400, 3500 and 3700; Tax Map 1 S 1 34DB. The subject site is approximately 4.97 acres and is currently zoned R- 4.5 by the City of Tigard. R-4.5 allows for low-density residential use with a 7,500 square foot minimum lot size and maximum 30 foot building height. The eastern portion of the site is open with no structures, trees or vegetation. Two existing single-family residences exist in the northwest portion of the site,with a third single-family home and detached garage in the south-central portion of the site. All structures will be removed. The site features trees of varying species and caliper throughout, with concentrations in the west and southwest portions of the site. Topographically, the site slopes downhill quite gradually from a high point of 224 feet in the south-south central portion of the site toward the low point of 204 feet in the northeast corner. VICINITY & SITE INFORMATION The immediate area can be currently characterized as low to medium density single-family housing, generally located within subdivisions and scattered large- site lots. Nearby subdivisions developed to apparent R-4.5 standards are as follows: Torland Estates immediately west of the site (12 lots), Tigard Park • immediately south of the site (23 lots), Doren Court east of the site at SW 108th Avenue (9 lots), Carnahan's Addition northeast of the site at SW 109th Avenue (13 lots), and Cascadian Place southwest of the site (12 lots). Site Location The site is generally located along the south side of SW North Dakota Street, west of Tiedeman Avenue and east 121st Avenue at street no. 10970- 11060. The site abuts Torland Estates subdivision to the west and Tigard Park subdivision to the south. The Latter Day Saints church is located directly across SW North Dakota Street. The sole access to the site will be via a new public street,which forms a logical and natural extension of SW Torland Street, which is currently stubbed at the site's western property line. The street turns northward within the site to intersect with SW North Dakota Street west of 109th Avenue. Existing Uses The following structures exist on the site: a single-family residence near SW North Dakota on TL 3300, a single-family residence near SW North Dakota on TL 3400, a single-family residence and detached garage set back over 325 feet on TL 3700. All are proposed to be removed upon development. • Dakota Glen PD application • • • Topography The site slopes downhill quite gradually from a high point of roughly 224' in the south-south central west portion of the site to a low point of roughly 204' in the northeast corner of the property. Overall, slopes are very gradual throughout. Vegetation The site is marked by multiple areas of vegetation. There are scattered trees of varying species and caliper as well as a mature hedge row along the southern property line. Two large groves of trees are on the west side of the property. The east half and central area are large grassed areas. Transportation The site has frontage on SW Dakota Street, which is designated a Minor Collector by the City of Tigard Transportation System Plan. The existing right-of-way is 50 feet with a varying pavement width of between 27 and 30 feet. SW North Dakota features curbside sidewalks only in areas where recent development has occurred. None currently exist along the subject site's frontage. Parking is permitted on both sides of the street. SW Torland Street, to which the project connects, is designated a Local Residential Street and features a pavement width of 32 feet with curbside sidewalks within a 50 foot right-of-way. The nearest transit access is along 121St Avenue, roughly 2/5 mile west of the site, where Tri-Met bus route 45 (Garden Home) can be accessed. The 45 route • connects the Tigard TC with Washington Square TC and ultimately downtown Portland. Routes 43 (Taylor's Ferry), 76 (Beaverton/Tualatin) and 78 (Beaverton/Lake Oswego) are also available approximately 1/2 mile east at Greenburg Road. Auto and non-auto transportation facilities continue to develop in the local area and the improvements proposed with this planned development will help facilitate completion of needed transportation infrastructure, particularly the extension of SW Torland Street, which is identified as a priority in the City of Tigard TSP. An additional high priority of the TSP is the addition of sidewalks along both sides of SW North Dakota Street, which this planned development will help to achieve through half-street improvements. Surrounding Land Uses The immediate area can be currently characterized as low to medium density single-family housing, generally located within subdivisions and scattered large- site lots. Nearby subdivisions developed to apparent R-4.5 standards are as follows: Torland Estates immediately west of the site (12 lots), Tigard Park immediately south of the site (23 lots), Doren Court east of the site at SW 108th Avenue (9 lots), Carnahan's Addition northeast of the site at SW 109th Avenue (13 lots), and Cascadian Place southwest of the site (12 lots). The Latter Day Saints church is across SW North Dakota from the site. A zone of light industry exists east of the site near Tigard Street and the Southern Pacific Railroad. • Dakota Glen PD application • • • PROJECT DESCRIPTION The Dakota Glen planned development is a residential development that is proposed to be constructed on 4.97 acres and designed to complement surrounding residential development. The applicant is proposing to subdivide the site into 24 lots, a publicly-dedicated street which provides connectivity to existing SW Torland Street, two interior private street tracts and two open space/ tree preservation tracts. All 24 residential lots are proposed to be developed with single-family detached homes. Lots average 6,250 square feet, resulting in a gross density of 6.97 units per acre of net buildable land. Open space tract A is proposed to be a passive natural area with a couple of benches and a looped walking trail, and open space tract B is proposed to be an active open space where community members may gather, play and interact. Open space B is to be the focal point of the community as it is centrally located and will retain several large trees and will have a play structure with benches to draw community members in. The public street, SW Torland Street /SW 110th Place, is a Local Residential Street which provides for the natural and logical extension of existing SW Torland Street, currently stubbed to the site's western property line, eastward and northward to intersect with SW North Dakota Street. Two private interior streets are proposed to provide vehicular access from the new public street to lots 5- 13 and 16-21. Parking is proposed to be permitted along both sides of the new public street, • SW Torland Street / SW 110th Place. Domestic water service to the Dakota Glen planned development will be provided by installing a new water line in SW Torland Street/SW 110th Place which connects with existing main in SW North Dakota Street. Sanitary sewerage and storm / surface water drainage capabilities will likewise be provided via installation of new lines within SW Torland Street /SW 110th Place which connect to existing sewers in SW North Dakota Street. Individual lateral connections to all applicable utilities will be provided to all lots / home sites. • Dakota Glen PD application • • • APPLICABLE DEVELOPMENT CODE CRITERIA NEIGHBORHOOD MEETING Neighborhood meeting was held Wednesday, April 20th at 7:00 pm at the City of Tigard Water Department's Richard Brown Auditorium. Meeting minutes and associated materials are attached. 18.370.020: ADJUSTMENTS Pursuant to the letter of incompleteness dated June 6, 2005, the applicant is seeking the following adjustments under the provisions of this Section. 18.370.020.C.5 Adjustment to access and egress standards (Chapter 18.705). 705.030.H.Access Management 2.Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections.Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection.The minimum driveway setback from a collector or arterial street intersection shall be 150 feet,measured from the right-of-way line of the intersecting street to the throat of the proposed driveway.The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer.In a case where a project has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent parcel.If shared access is not possible or practical,the driveway shall be placed as far from the intersection as possible. • The proposed Dakota Glen subdivision calls for the creation of a residential driveway, specifically lot 3, which is located within the influence area of SW North Dakota Street. That is, the driveway intersects with the newly-created SW 110th Place within 150 feet of SW North Dakota, a minor collector. While the Development Code defines this area as a zone where traffic queues commonly form, it is not anticipated that large queues will form in this case. The newly- created SW Torland Street/SW 100th Place does not provide effective alternative for or practicably serve cut-through traffic, and only serves 34 single family lots between this subdivision and abutting Torland Estates to the west. Additionally, this driveway shall be placed as far as possible from SW North Dakota upon build-out of the subdivision, a distance of nearly 150 feet. Lastly, it is important to note that frontage for and access to lot 3 would not be possible without this driveway; meaning minimum density requirements and lot dimension /size standards would not be otherwise met. Therefore, the proximity of this driveway to SW North Dakota is necessary to provide for a subdivision which meets the typical R-4.5 standards and parameters. • Dakota Glen PD application • • • 705.030.H.Access Management 4.The minimum spacing of local streets along a local street shall be 125 feet. The proposed Dakota Glen subdivision calls for the creation of a public local residential street, SW Torland Street /SW 110th Place, which is located well beyond the 125 feet spacing required along local streets. The proposal also calls for the creation of two east-west oriented private streets: one between these 2 streets (which is necessary to serve lots 16 through 21 and to provide the necessary frontage for lots 16 through 18, 20 and 21) and another south of the new public street (which is necessary to serve and provide frontage to lots 5 through 13). These private streets, Tracts C and D on the preliminary plat; are located 72.26 and 121.76 feet from SW Torland Street (measured at the nearest point of rights-of-way), respectively, where 125 feet are required. However, there are no other feasible locations which would otherwise provide access to the above lots. It is also the applicant's assertion that the creation of these private streets provide for an environment which is as safe, or safer, than what may be considered a typical arrangement as the private streets allow many driveways to be removed from SW Torland / 110th altogether. The tracts are expected to generate only nominal amounts of traffic as they serve only 6 and 9 single family residential lots. Lastly, it is important to note that frontage for and access to the above lots would not be possible without these private streets, meaning density requirements and lot dimension /size standards would not be otherwise met. Therefore, the proximity of these private street tracts to SW Torland Street is necessary to provide for a planned development which meets the typical R-4.5 IIIstandards and parameters. III Dakota Glen PD application • • • 18.370.020.11. Adjustments for street improvement requirements (Chapter 18.810). 810.030.E.Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan,or as needed to continue an existing improved street,street right-of-way and roadway widths shall not be less than the minimum width described below(see figure 18.810.4 below).Where a range is indicated,the width shall be determined by the decision-making authority based upon anticipated average daily traffic(ADT) on the new street segment. (The City Council may adopt by resolution,design standards for street construction and other public improvements.The design standards will provide guidance for determining improvement requirements within the specified ranges.)These are presented in Table 18.810.1. 1.The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a.The type of road as set forth in the Comprehensive Plan Transportation Chapter-Functional Street Classification; b.Anticipated traffic generation; Figure 18.810.4 c.On-street parking needs; Local Residential Streets-X1,500 vpd d.Sidewalk and bikeway requirements; ( 02-33) e.Requirements for placement of utilities; A. Standard(sample) f.Street lighting; g.Drainage and slope impacts; h.Street tree location; i.Planting and landscape areas; ^ '7c '" j.Safety and comfort for motorists,bicyclists, , and pedestrians; '5.5'. ..5.5'12 32•. O r 5.5' k.Access needs for emergency vehicles. FON 540 • on-street Pecking * The proposed Dakota Glen subdivision calls for a new public street to be created, SW Torland Street /SW 110th Place. The street will form a natural and logical extension of existing SW Torland, which is currently stubbed at the site's western property line. While the Development Code requires a 54 foot right-of- way as indicated in figure 18.810.4 above for this application, the applicant is proposing to closely match the existing ROW section established by pre-existing SW Torland Street through Torland Estates subdivision. This section calls for 32 feet of pavement, 5 foot sidewalks and 6 inch curbs in accordance with the Code. However, the pre-existing ROW is deficient in that it provides only a 3 foot planter strip outsider the curb, as opposed to the standard 5.5 foot dimension (see the plan set for detailed section). It is important to note that this section matches-if not improves upon- a pre-existing condition approved by, and dedicated to, the City of Tigard. While narrower than typical, this proposal includes a planter strip where Torland Estates does not. Strict adherence to the Development Code would require an additional 4 feet of right-of-way dedication,which would not only create an awkward transition between Dakota Glen and Torland Estates, but also create an adverse impact to the applicant's ability to develop the property in an otherwise R-4.5 compliant fashion. Additional dedication would impact the applicant's ability to meet minimum lot size requirements and provide for marketable home sites. • Dakota Glen PD application • • • 18.390: QUASI-JUDICIAL DECISION MAKING The applicant is submitting a proposal in compliance with all relevant code and Comprehensive Plan requirements. Included in the application is all the information requested on the application form, along with this narrative addressing the appropriate criteria in sufficient detail for review and action; the required fees; a list of all surrounding property owners, as well as other potentially affected parties. The planned development is consistent with the underlying zoning requirements and all relevant City ordinances and standards. An Impact Study has been performed by Jeff Vanderdasson, a Professional Engineer licensed by the State of Oregon. A copy of the study attached. 18.430.020: SUBDIVISIONS: GENERAL PROVISIONS A. Approval through two-step process. The applicant acknowledges and accepts that the development proposed herein shall be processed via a two-step process: preliminary plat and final plat. Final plat shall reflect all the conditions of approval of the preliminary plat. B. Compliance with ORS Chapter 92, Subdivisions and Partitions. • The applicant acknowledges and accepts that the development proposed herein shall conform to all applicable provisions set forth by ORS Chapter 92. C. Future re-division. The proposed planned development does not call for the creation of any lots of sufficient size or scale to facilitate any future re-division which would meet the existing underlying zoning. Open space tracts A and B shall be recorded as such on the final plat and therefore may not be divided for other purposes at a later date. D. Lot averaging. The proposed development applied for herein is a planned development which utilizes alternative lot dimensioning standards than a typical subdivision E. Temporary sales office. As discussed below under 18.785, the applicant concurrently seeks a Type I approval to construct one (1) model home on the site to facilitate the sale of real property and show prospective buyers. The model home shall be a permanently-designed dwelling structure located within the boundaries of the planned development which will remain upon build out of the development. • The model home shall be used for no other purpose than as stated above per the terms set forth by Section 18.785. Dakota Glen PD application • • • F. Minimize flood damage. This proposed planned development is located on a site which is, at its nearest point, approximately 1,540 feet west of the 100-year floodplain for Fanno Creek. Therefore, the risk of flood damage is effectively minimized due to the location of the site itself. The development shall also manage storm water via a piped system which will detain water prior to its release into the public system. G. Floodplain dedications. As noted above, the site is not located within, or any closer than roughly 1,540 feet from, the nearest 100-year floodplain. H. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. As discussed below under Section 18.810 and in the attached plan set, the proposed development applied for herein provides for adequate utilities such as domestic water, sanitary sewerage and storm sewerage which are to be installed in a location not susceptible to flooding. Private or franchise utilities such as gas, electrical, telephone, cable, etc. shall likewise be installed. 1111 1. Need for adequate drainage. As discussed below under Section 18.810 and in the attached plan set, the proposed development applied for herein provides for adequate drainage via mechanical (piped) methods which helps to minimize risk. J. Determination of base flood elevation. The planned development proposed herein contains fewer than 50 lots and is less than 5 acres in size. Therefore, the criterion is not applicable. 18.430.040: SUBDIVISION APROVAL CRITERIA: PRELIMINARY PLAT The applicant is proposing to subdivide Tax Lots 3300, 3400, 3500 and 3700 into 24 residential lots. A proposed preliminary plat in compliance with the R-4.5 zoning district has been submitted with this application and plan set. The preliminary plat is also in conformance with other applicable ordinances as reflected by this narrative and the preliminary plans. The Washington County Survey Department has reviewed the proposed plat name, and its approval is included as a completeness item. This document serves as the narrative for the project and contains explanations for all proposed • improvements and applicable City of Tigard standards, guidelines and criteria. Dakota Glen PD application • • • 18.510: R-4.5 SINGLE FAMILY RESIDENTIAL The property is currently zoned R-4.5 by the City of Tigard. The purpose of the R- 4.5 Land Use designation is to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units may be permitted conditionally. Some civic and institutional uses may also be permitted conditionally. The proposed planned development containing detached single- family homes is permitted under the provisions of the Section. 18.510.2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES Unless specifically noted below and in the narrative below under 18.350- Planned Developments, the proposed development site will comply with the dimensional requirements as laid out in Table 18.510.2, specifically: Reauired Setbacks Front Yard 20 feet applicant seeks 15 feet to house/porch Side Yard 5 feet Street Side 15 feet applicant seeks 10 feet Rear Yard 15 feet • Garage 20 feet Other Requirements Lot Size 7,500 sq. ft. applicant seeks PD Lot Width 50 feet min. Height 30 feet max. Coverage N/A • Dakota Glen PD application • • • 18.705: ACCESS/EGRESS & CIRCULATION Preliminary sight distance certification at the intersection of SW 110th Place and SW North Dakota Street, in accordance with all applicable standards, has been performed by Jeff Vanderdasson, a Professional Engineer licensed by the State of Oregon, and is included herein per the terms of this Section. Site distances for the interior street intersection are as follows: Intersection Tract C: 230' north, 150' south Tract D: 355' north, 351'west SW 110th Place will be posted at 25 mph. The minimum required isght distance is 250'. There is a common limitation to those distances listed above as less than 250'. In each case a 90 degree corner in the roadway will limit sight distance. In practice, a car will need to slow to approximately 15 mph to safely negotiate the corner. The minimum site distance would then effectively be 150' at those intersections, and the planned development therefore layout meets the spirit and intent of sight distance requirements as best as possible. Based on this, a vehicle will be able to safely enter the roadway at the proposed intersections. Per City Engineer's direction at the pre-application conference, the new public • street, SW 110th Place, intersects with SW North Dakota Street at a point which aligns as closely as is feasible to the private drive for the Church of Latter Day Saints located across SW North Dakota from the site. This alignment also provides for street spacing along SW North Dakota, a Minor Collector, of approximately 312 feet east to 109th and roughly 351 feet west to 112th,which meets the standards set forth by this Section. As required under Section 18.705.030, all proposed lots have direct access to a public street, in this case SW Torland Street /SW 110th Place. Lots 5- 13 and 16- 21 gain access to SW Torland Place /SW 110th Place via private street (please see 810.030[T] below). All curb cuts will be in accordance with Section 18.810.030N and each lot will have a single driveway of at least 15 feet wide (min. 10' paved). • Dakota Glen PD application • • • 18.715: DENSITY COMPUTATIONS According to the Residential Density Calculation provisions within the code, the number of dwelling units permitted on this site can be calculated by dividing the net area by the minimum lot size, which in this case is 7,500 square feet. In this development, the net area is calculated by subtracting the public right-of-way, private street tracts, sloped and drainage areas (if any) from the gross acreage. The density computations for the Dakota Glen planned development are as follows: Net Area Calculation Gross square feet 216,633 square feet (4.97 acres) Minus rights-of-way 25,124 square feet (actual) Minus private streets 11,242 square feet (actual) Steen slopes/drainageways 0 square feet Equals Net Area 180,265 square feet/ 7,500 base zone = 24 units Total Dwelling Units Proposed 24 dwellings 18.725: ENVIRONMENTAL PERFORMANCE The proposed development is to be improved solely for detached single-family Ill residences, and therefore not expected to generate significant levels of noise, emission, vibration, odor, glare or other nuisance. 18.745.040: STREET TREES The proposed planned development fronts 2 public streets, SW North Dakota Street and SW Torland Street/SW 110th Place for more than 100 feet. The proposed development also has frontage on private streets, for more than 100 feet. As such, street trees measuring at least 2 inches in caliper will be installed in accordance with this Section along the public and private streets. The specific standards listed in Section 18.745.040C shall dictate the spacing, size and other specifications relative to planting of street trees. Vision clearance will also be preserved in determining final spacing. Final approval of species shall be subject to review by the Director in accordance with Section 18.745.0408. Upon maturation, it is recognized that the street trees shall be pruned in such a manner as to provide for 8 feet of clear space between the sidewalk and the tree canopy. III Dakota Glen PD application • • 411 18.745.050: BUFFERING AND SCREENING The proposed residential planned development abuts only similar residential uses on all sides. Therefore, no buffer of any intensity or depth is required per the terms of this Section and Table 18.745.1. 18.765: OFF-STREET PARKING Each lot will feature a minimum of two off-street parking spaces (including garage) to serve the detached single-family residential homes. This meets or exceeds the requirements set forth in the Section and Table 18.765.2. Driveways shall be constructed of concrete per City specifications. 18.775: SENSITIVE LANDS Clean Water Services' Pre-Screening Site Assessment indicates that sensitive lands do not exist on site or within 200' of the site. This Assessment form serves as a service provider letter and is attached. 18.785: TEMPORARY USES • In accordance with this Section, the applicant concurrently seeks a Type I approval to construct one (1) model home on the site to facilitate the sale of real property and show prospective buyers. The model home shall be a permanently-designed dwelling structure located within the boundaries of the planned development which will remain upon build out of the development. The model home shall be used for no other purpose than as stated above per the terms set forth by the Section. Dakota Glen PD application • • • 18.790: TREE REMOVAL A tree assessment, performed by Halstead's Arboriculture Consultants, Inc., has been performed and is attached herein. There are a total of 150 trees located within the project boundaries. 120 of the gross 150 existing trees indicated on the site plan are proposed to be removed as they are either: located outside any sensitive areas, within the limits of grading for the new public street (SW Torland Street /SW 110th Place), private street tract A, 24 home sites and building envelopes or dead/hazardous. However, non-mitigation trees as described below result in 112 net preservable trees, 78 shall be removed as described above. These 78 trees to be removed feature 1,690 caliper inches requiring mitigation, which shall occur on a two-thirds x 1 inch : 1 inch basis using similar species as available per the terms of this Chapter. Therefore, the total to be mitigated will be 1,127 inches. While final locations of mitigation trees have yet to be fixed, installations will typically occur within the open space tracts and in rear yards of individual residential lots where feasible, the open space tracts logically accommodating the majority. • • Dakota Glen PD application • TREE SUMMARY (DEAD/HAZARDOUS AND TREES 12 INCHES OR LESS SHOWN IN GRAY) dead/ non mitigation no. species diameter hazard native inches retain 841 Willow 41 41 842 Willow 31 31 843 Ash 25 25 844 Willow 32 32 845 Cherry 9 x 4 X 13 846 Catalpa 18 X 18 • 847 Birch 6 00 848 Cherry 24 X 24 849 Apple 8 x 3 X 14 850 Apple 8 x 2 X 00 851 Sitka Spruce 13 13 852 West. Red Cedar 58 58 853 Douglas Fir 14 14 854 Douglas Fir 17 17 855 Douglas Fir 19 19 • 856 Douglas Fir 11 X 00 857 Douglas Fir 17 17 858 Douglas Fir 17 17 859 Douglas Fir 12 00 860 Douglas Fir 9 X 00 861 Douglas Fir 14 14 862 Douglas Fir 22 22 863 Douglas Fir 18 18 864 Cherry 8 X X 00 865 Cherry 9 X 00 866 Douglas Fir 19 19 867 Douglas Fir 14 14 868 Mtn. Ash 7 x 2 X X 00 869 Mtn. Ash 7 x 2 X X 00 870 Douglas Fir 32 32 871 Douglas Fir 19 19 872 Douglas Fir 30 30 873 Douglas Fir 26 26 874 Douglas Fir 19 19 875 Douglas Fir 24 24 876 Douglas Fir 13 13 877 Douglas Fir 13 13 878 Douglas Fir 13 13 • 879 Douglas Fir 13 X 00 880 Acer Maple 18 x 2 X 00 Dakota Glen PD application 0 0 • 881 Douglas Fir 28 X 882 Douglas Fir 14 X 883 Douglas Fir 18 18 884 Douglas Fir 34 34 885 Douglas Fir 10 x 2 14 886 Douglas Fir 16 X 00 887 Douglas Fir 16 16 888 Douglas Fir 24 X 889 Douglas Fir 12 X 890 Douglas Fir 20 X 891 Douglas Fir 17 X 892 Douglas Fir 22 X 893 Douglas Fir 18 18 894 Douglas Fir 18 18 895 Cherry 9 x 2 X X 00 896 Douglas Fir 13 13 897 Douglas Fir 19 19 898 Douglas Fir 14 14 899 Douglas Fir 20 20 900 Douglas Fir 18 18 901 Douglas Fir 15 15 902 Douglas Fir 11 00 903 Douglas Fir 16 16 • 904 Douglas Fir 16 16 905 Douglas Fir 11 00 906 Douglas Fir 15 15 907 Douglas Fir 15 15 908 Douglas Fir 8 x 2 00 909 Douglas Fir 8 00 910 Douglas Fir 23 23 911 Douglas Fir 18 18 912 BIk. Walnut 14 X 14 913 Douglas Fir 32 32 914 Cherry 12 X 00 915 Douglas Fir 31 31 916 Douglas Fir 16 16 917 Douglas Fir 24 24 918 Hemlock 7 00 919 Douglas Fir 29 29 920 Douglas Fir 20 20 921 Douglas Fir 27 27 922 Cherry 9 X X 00 923 Bing Cherry 13 X X 00 924 Cedar 26 26 925 Douglas Fir 13 13- 926 Douglas Fir 15 15 III 927 Douglas Fir 15 15 928 Douglas Fir 13 X 00 Dakota Glen PD application • • • 929 Douglas Fir 12 X 00 930 Douglas Fir 20 20 931 Douglas Fir 8 00 932 Douglas Fir 15 15 933 Douglas Fir 17 17 934 Ash 8 00 935 Douglas Fir 20 20 936 Douglas Fir 15 15 937 Douglas Fir 11 00 938 Douglas Fir 15 X 00 939 Douglas Fir 18 18 940 White Fir 16 X 16 941 Magnolia 8 x 5 X X 00 942 Sitka Spruce 7 00 943 Apple 6 x 2 X 00 944 Cherry 9 x 6 X X 00 945 Willow 50 X 00 946 Grand Fir 40 40 947 Silver Fir 21 21 948 Pond. Pine 16 X 00 949 Douglas Fir 14 14 950 Douglas Fir 11 00 951 Douglas Fir 18 x 2 25 III 952 Douglas Fir 22 22 953 Douglas Fir 31 31 954 Douglas Fir 30 30 955 Cherry 18 X 956 Douglas Fir 26 X 957 Douglas Fir 18 X 958 Douglas Fir 30 30 959 Douglas Fir 30 30 960 Douglas Fir 23 X 961 Douglas Fir 27 X 962 Fir 18 X 963 Fir 25 25 964 Fir 21 21 965 Fir 19 X 00 966 Fir 14 X 967 Fir 24 X 968 Fir 12 00 969 Fir 17 17 970 Fir 15 15 971 Fir 24 24 972 Fir 13 13 973 Fir 29 X 974 Fir 19 X III 975 Fir 29 X 976 Fir 26 X Dakota Glen PD application • • • 977 Fir 25 X 978 Fir 34 X 979 Fir 19 X 980 Fir 35 X 981 Fir 9 X 982 Fir 25 X 983 Fir 21 X 984 Fir 9 X 985 Fir 15 x 2 X 00 986 Fir 14 X 00 987 Fir 36 X 00 988 Fir 19 X 989 Fir 35 X 990 Fir 26 x 2 X TOTALS: 150 trees GROSS -22 dead / hazardous -16 twelve inch or less (independent of hazardous and non-native) =112 preservable trees 78 to be removed = 69% - requires 2/3 mitigation of 1,690 IIImitigation inches In accordance with Section 18.790.030.B.2.b, where retention of between 25%and 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees be mitigated, the applicant shall mitigate for 1,127 caliper inches (1,690 x 0.6667). III Dakota Glen PD application • • • 18.795: VISUAL CLEARANCE AREAS The proposed planned development features an intersection of two public streets, SW 110th Place and SW North Dakota Street, neither of which is classifiable as an arterial (SW North Dakota is identified as a Minor Collector in the City's TSP). Clearance triangles, formed by the above rights-of-way and a straight line joining the 2 at respective points 30' from their intersection, shall be maintained without obstructions of 36" or higher as required by Section 18.795.040. Preliminary sight distance certification at the intersection of SW 110th Place and SW North Dakota Street, in accordance with all applicable standards, has been performed by Jeff Vanderdasson, a Professional Engineer licensed by the State of Oregon, and is included herein per the terms of this Section. Site distances for the interior street intersection are as follows: Intersection Tract C: 230' north, 150' south Tract D: 355' north, 351'west SW 110th Place will be posted at 25 mph. The minimum required sight distance is 250'. There is a common limitation to those distances listed above as less than 250'. In each case a 90 degree corner in the roadway will limit sight distance. In • practice, a car will need to slow to approximately 15 mph to safely negotiate the corner. The minimum site distance would then effectively be 150' at those intersections, and the planned development therefore layout meets the spirit and intent of sight distance requirements as best as possible. Based on this, a vehicle will be able to safely enter the roadway at the proposed intersections. The appropriate vision clearance triangles have been shown on the attached preliminary plat/site concept plan in accordance with this Section. Home construction on lots 2 and 22 shall be such as to preserve the required clearance triangle for the intersection of SW 110th Place and SW North Dakota Street. Where private residential driveways provide access to a public non- arterial street, in this case SW North Dakota Street or SW 110th Place, home setback and construction shall be such as to ensure compliance with the Section as well. Dakota Glen PD application • • • 18.810: STREET& UTILITY IMPROVEMENT STANDARDS Streets: The new public street, SW Torland Street/SW 110th Place, will be constructed to City specifications for a Local Residential Street carrying <1,500 vehicles per day. A 50 foot right-of-way is proposed for the street with 32 feet of pavement. Five foot sidewalks are proposed for both sides of the street. The new public street section matches the existing conditions of existing SW Torland, which is currently stubbed to western property line of the site. Additionally, the width, radius and design of the curve meet City and County standards. Preliminary indications are that the Dakota Glen planned development will not create conditions requiring a traffic impact analysis, as 24 single-family lots are typically not expected to generate the required 1,000 additional vehicle trips per day to either SW Torland (3,001 -6,000 ADT) or SW North Dakota Streets (3,001 - 6,000 ADT) as per table 18.810.030.AC.b. City Engineer shall make final determinations. The new street, SW Torland Street /SW 110th Place, shall be dedicated to the City prior to final plat approval or issuance of building permits. The southern half of SW North Dakota Street, a minor collector, shall be improved to City specifications throughout the length of the development (approximately 330.85 linear feet). This improvement will include widening the southern half of the existing roadway and constructing curb gutter and sidewalk per City specifications and the objectives set forth by the TSP. Sanitary Sewer: Sanitary sewer service will be provided to each lot within the site • by providing new individual lateral connections to a new sanitary sewer running beneath SW Torland Street/SW 110th Place which connects with existing sanitary facilities in SW North Dakota Street. Surface Water Run-off: Storm water runoff will be collected via a catch basin and pipe system to a new storm sewer running beneath SW Torland Street/SW 110th Place which connects with existing storm facilities in the SW North Dakota Street right of way. Stormwater will be passed through Stormfilter cartridges prior to its release into the City conveyance facilities. Cartridge shall be maintained by the homeowners' association. The proposed storm facilities will be constructed in compliance with Resolution 91-47 whereby; Clean Water Services and the City of Tigard have agreed to enforce Surface Water Management regulations requiring the construction of said facilities. Domestic Water: Domestic water service will be provided to each lot within the site by providing individual lateral connections to a new water line running beneath SW Torland Street/SW 110th Place which connects with existing main in SW North Dakota Street. 3'new hydrants are proposed to be installed in front of Lots 22, 15 and 5 along SW 110th Place, SW Torland Street and private street tract D to provide fire suppression for the development. • Dakota Glen PD application • • • 18.810.030: STREETS A. Improvements. 1. The proposed development has frontage on SW North Dakota Street and SW Torland Street/SW 110th Place 2. Proposed SW Torland Street/SW 110th Place meets the standards of Chapter 18.810.0030. 3. SW North Dakota Street, adjacent to this development, meets the standards of Chapter 18.810.030, or will be made so via half-street improvements. 4. Proposed SW Torland Street/SW 110th Place meets the standards of Chapter 18.810.0030. B. Creation of rights-of-way for streets and related purposes. With the preliminary approval and recording of the final plat of the Dakota Glen planned development, the necessary public rights-of-way will be created and dedicated. C. Creation of access easements. Two proposed private interior streets 20' in width are necessary to provide the necessary frontage and access from SW Torland Street/SW 110th • Place to serve lots 5- 13 and 16-21. D. Street location, width and grade. The proposed street location, width and grade comply with the requirements of this Chapter and provide for appropriate extension and continuity of existing street, SW Torland Street, with final grades to be approved by the City Engineer per Subsection M. E. Minimum rights-of-way and street widths. The proposed public right-of-way and roadway for SW Torand Street/SW 110th Place shall be sufficient to accommodate the improvements necessary for a street generating the ADT associated with 24 single-family lots, safety, utility, lighting, emergency access, sidewalk and street tree requirements. Proposed SW Torland Street /SW 110th Place meets the standards set forth by Table 18.810.1. See the street sections on the plans for compliance review. • Dakota Glen PD application • • • F. Future street plan and extension of streets. A circulation plan has been submitted with this application indicating anticipated patterns of auto travel on existing and known proposed streets in and around the planned development within the prescribed distance of 530 feet. The Dakota Glen planned development's proposed construction of SW Torland Street/SW 110th Place will provide for the natural, logical extension and continuity of SW Torland Street, which is currently stubbed to the site's western property line. However, it is important to note that the applicant is not proposing to extend SW Torland Street eastward and stub it to the eastern property since the adjoining parcels do not feature sufficient area / scale to allow for a feasible partition and the local street connection required to serve it. That is, the development pattern of the lands east of the project site, particularly the constraint of pre-existing Doren Court subdivision further precludes a connection to SW 108th Avenue. Specifically, the 5 existing residences along the west side of SW 108th have already been divided down to R-4.5 standards and therefore prohibit further partition or subdivision east of the site. Despite the Transportation System Plan's goal of connectivity from the existing stub of SW Torland to SW 108th Avenue (see excerpt of TSP below), pre-existing development patterns preclude it, and it is the applicant's assertion that the proposed "loop-type" extension • is a viable and practical alternative solution, which provides adequate connectivity for the neighborhood and meets with the development review Engineer's endorsement. .,`< Iatltrltl)ir•H111Ti•. .�'Cl[ siiiilllilihtor 7ll .. . i EB#_ • , = =•pia 41.11 1111 Lit tut 1 „ = ''IT i DORBV COURT mire,wf.[i, '` ='' 2 . SUBDIVISION ma/ ____.6.7—ai L;L,,-, sir Mir ran= -am hill 11m The applicant has submitted a circulation plan, but does not propose that SW Torland be extended in the future. The properties to the east of this development are of a small enough size that a future road alignment would not leave enough property to partition, therefore no development would occur and the street would never be extended. In this case a through route to 108th Ave.would either negatively impact existing development to the east, or would result in an intersection at 108th that would be too close to North Dakota. The attached plans illustrate the appropriate "loop-type” III connection as well as an "alternate alignment" which is not feasible due to the pre-existing development patterns described above. Dakota Gen PD application • • • H. Street Alignment and connections. As indicated on the plans, SW Torland Street /SW 110th Place meets the requirements of this Subsection.The street has been designed to facilitate direct access to and from SW North Dakota Street for the residents of Dakota Glen planned development. I. Intersection angles. As shown on the plans, the proposed intersection of SW 110th Place and SW North Dakota Street is at or near 90 degrees, and meets the design standards of this Subsection; providing for a natural extension of existing SW Torland Street. With the exception of private street tracts, which are not subject to the requirements of this Subsection, this is the only intersection proposed. Private streets shall feature a curb-cut apron type detail where intersecting with SW Torland Street/SW 110th Place to clearly delineate ownership and maintenance responsibilities. J. Existing rights-of-way. SW North Dakota Street and stubbed SW Torland Street are the only existing rights-of-way adjacent to the project site. Current right-of-way meets the requirements set forth in Table 18.810.1 and the City of Tigard IIITSP, or will be made so via half-street improvements. M. Street names. Final name of SW Torland Street/SW 110th Place shall not duplicate or be easily confused with any existing street in Washington County. Final naming and numbering shall be subject to approval by the Director. N. Grades and curves. Grades on SW Torland Street/SW 110th Place meet the requirements of Subsection N, and final grades and curve radii subject to approval by the City Engineer. 0. Curbs, curb cuts, ramps and driveway approaches. Concrete curbs and driveway aprons shall be constructed for each proposed lot as specified by Subsection 0. 111 Dakota Glen PD application • • • Q. Access to arterials and collectors. Access to the Dakota Glen planned development is provided by existing SW Torland Street and SW North Dakota Street,which is a Minor Collector. The planned development has been designed to minimize traffic conflicts to the greatest extent possible. Only a nominal amount of through traffic is anticipated as the construction of the new public street, SW Torland Street/SW 110th Place,will provide only a "loop type" extension of existing SW Torland and serve a maximum of 34 residential lots (24 in Dakota Glen and 10 in the existing Torland Park subdivision). Where feasible, access into all residential lots shall be from the lower classification street. Access into lots 1, 2, 22, 23 and 24 shall be via driveways direct to SW North Dakota Street. Therefore, no joint access easement will be required. T. Private Streets. The three private streets in the Dakota Glen planned development do not serve more than 6 dwelling units each and shall meet the design standards of the City Engineer in accordance with this Subsection. Y. Street Lighting. Street lighting shall be installed for auto, pedestrian and resident safety 111 according to City of Tigard specifications. AA. Street cross-sections. Cross-sections of public and private streets meet the standards set forth by this Subsection and have been included in the preliminary plans for review. AC. Traffic Study. Preliminary indications are that the Dakota Glen planned development does not require a traffic impact analysis under this Subsection. The proposal is not located at a high collision area, and the proposed 24 residential lots can typically be expected to generate +/-240 vehicle trips per day. City Engineer shall make final determinations. 18.810.040: BLOCKS _ The Dakota Glen planned development will provide for the natural and logical extension of SW Torland Street, which is currently stubbed to the site's western property line. The creation of SW Torland Street /SW 110th Place will complete the block formed by SW 112th Avenue, SW Torland Street (and extension), SW • 110th Place and SW North Dakota Street; the perimeter for which measures 1,140 feet in accordance with this Subsection. Dakota Glen PD application 0 • • 18.810.060: ADDITIONAL LOT REQUIREMENTS All lot sizes, widths, shapes, and orientation are appropriate for the location and use of the development. As shown on the plans, all proposed lots meet the design requirements of this Chapter with respect to width, depth, shape and frontage; or seeks relief via the planned development process. 18.810.070: SIDEWALKS Five foot concrete sidewalks constructed to City specifications shall be installed along both sides of SW Torland Street/SW 110th Place as well as along the south side of SW North Dakota Street across the length of the project site. It is expected that resident and guest parking will occupy the non-travel surface of the private streets. Therefore, a sidewalk will be constructed on 1 side of the private streets only, but it will exist within private property in an easement, appearing and functioning just as any other sidewalk. Sidewalk along the north side of the proposed Torland extension shall meander through open space tract B, instead of following the alignment of the street as it transitions to 110th Place, in order that pedestrians may enjoy the wooded open space and t o preserve trees to the greatest degree possible. In matching / aligning with the right-of-way configuration of pre-existing SW III Torland Street, this proposed subdivision calls for a 50 foot right-of-way section for the public street where 54 are required for a local street carrying less than 1500 vehicles per day under Section 18.810.030. While this discrepancy is addressed above under 18.370.020, Adjustments, it is important to note that 3 foot planter strips are proposed (as opposed to 5.5 feet) due to the fact that pre-existing SW Torland features insufficient right-of-way to accommodate the additional planter space while preserving the ability to park on both sides on the street. 18.810.090: SANITARY SEWERS Sanitary sewer service will be provided to each lot within the site by providing new individual lateral connections to a new sanitary sewer running beneath SW Torland Street /SW 110th Place, which connects with existing sanitary facilities in SW North Dakota Street. 18.810.100: STORM DRAINAGE Storm water will be collected via a catch basin and pipe system to a new storm sewer running beneath SW Torland Street/ SW 110th Place,which connects with existing storm facilities in SW North Dakota Street. Stormwater will be treated with a stormwater management vault to meet water quality requirements. Detention will be provided with an underground piped system. All storm pipe shall be IIIphysically separate and independent of all sanitary pipe. Dakota Glen PD application . • • 18.810.120: UTILITIES This Section requires that overhead utility lines servicing a development to be placed underground or at the election of the developer; a fee in-lieu of undergrounding can be paid at a rate determined by the City Engineer. All new utility lines will be placed underground, and those along SW North Dakota Street will be undergrounded or fee paid prior to issuance of building permits. 18.350: PLANNED DEVELOPMENTS In accordance with Section 18.350.060 and the underlying R-4.5 zoning, the proposed single-family residential use is permitted outright. The Dakota Glen planned development does not meet the lot dimensional standards set forth by the underlying zone, but meets the site coverage and density standards as required by Sections 18.350.070 and 18.715. While not required by this Section, building heights shall also meet the standards of the base R-4.5 zone. Deviations from the lot dimension standards are as follows: Unless otherwise noted below, the applicant seeks 8' side yard setbacks on the street-side of the lots and a 15' front yard setback to the house/porch (garage will still meet the 20' setback). Lot 2-8' sideyard SW 110th side Lot 5-8' sideyard SW Torland side & 4' sideyard south lot line • Lot 6-4' sideyard north lot line & 8' sideyard private street side Lot 12-8' sideyard south lot line Lot 15-8' sideyard private street side & 12' rear yard Lot 18-4' sideyard west lot line Lot 19-8' sideyard SW 110th side Lot 22-8' sideyard SW 110th side • Dakota Glen PD application • • In addition to the attached existing conditions, site concept, grading and landscape plans; the applicant respectfully submits for consideration the following rationale for application for planned development as opposed to a typical subdivision per the terms of Section 18.350.090: In meeting underlying density requirements of the R-4.5 base zone and providing for a publicly- dedicated street which provides for the natural and logical extension of SW Torland Street; initial site planning exercises indicated that a great number of existing trees -approaching 100%-would need to be removed. The planned development site plan enclosed for consideration herein meets the density requirements while preserving a far greater number of existing trees by essentially "trading" larger lots for open space / tree preservation tracts. Coupling the dimensional lot standards of the base zone and a desire to preserve existing trees made any attempt to meet, or even approach, the density requirements futile. The resulting smaller lot sizes allow for the preservation of a substantial amount of existing trees and greenspace while providing for marketable homesites. The greenspace shall also accommodate a substantial amount of mitigation planting, further increasing the quality of the amenity. Open space tract A is proposed to function as a passive natural area where residents may come to relax. It will feature two benches as well as circular bark dust-type trail meandering through the wooded tract, accessed via the end of private street tract D. The benches will be installed in such a manner/location as to provide for a sightline to the private street for safety and security. The planned development scenario also avoids a potentially unpleasant situation raised at • the neighborhood meeting in which the neighboring owner of Tax Lot 1S 1 34DB 6900 would be effectively "surrounded" by streets, either public or private, serving lots in the southwest portion of the site. Instead, a park-like, largely naturalized, setting will abut these neighboring residences and serve to buffer the two developments. Open space tract B will be the focal point of the community. The open space tract is proposed to function more as an active area, located centrally in the development, where residents may easily gather to play and interact. Mitigation trees shall be planted along the western property line in tract B to provide for a pleasant play environment as well as screen and buffer the active area from neighboring Torland Estates subdivision. This active space will feature a play structure to be installed atop a 600 square foot bark dust bed for safety and delineation. Invasive brush will be removed from the tract in order that the remainder of the tract function as an irrigated grass play area. Two benches will also be installed in this tract to promote parental supervision. The overall character of the planned development will not differ greatly from a typical subdivision with 2-story homes which otherwise meets the lot standards, as the average lot size drops only to 6,250 square feet. It is the applicant's assertion that there is an inherent value to the residents of the community, neighboring residents and the environmental quality of the site, in open space and tree • preservation which offsets or outweighs the perceived value of the additional 1,250 square feet in average lot size. Dakota Glen PD application • i The applicant does not anticipate constructing the planned development in • multiple phases,with construction of a single phase beginning in earnest in early spring of 2006 (preliminary projections). Upon receiving land use approval and recording the plat, it is the applicant's intent to sell all 24 individual lots for the purpose of development of single-family detached residences. Open Space Tracts A and B are to be owned and maintained in common by the homeowners' association or similar entity or assigns. In accordance with Section 18.350.100, the applicant must also provide justification for modification of the development standards set forth in chapters 18.705 (access, circulation), 730 (exceptions to development standards), 745 (landscaping), 765 (off-street parking) and 795 (visual clearance). These items are addressed as follows: 705- No modifications to the standards of access, circulation and egress are sought by this planned development. 730-The Dakota Glen plan seeks the following exceptions to the underlying R-4.5 development standards: Unless otherwise noted below, the applicant seeks 8' side yard setbacks on the street-side of the lots and a 15' front yard setback to the house/porch (garage will still meet the 20' setback). Lot 2-8' sideyard SW 110th side • Lot 5-8' sideyard SW Torland side & 4' sideyard south lot line Lot 6-4' sideyard north lot line &8' sideyard private street side Lot 12-8' sideyard south lot line Lot 15-8' sideyard private street side & 12' rear yard Lot 18-4' sideyard west lot line Lot 19-8' sideyard SW 110th side Lot 22-8' sideyard SW 110th side These exceptions are necessary to accommodate the standard single family detached housing products that are 40 and 50 feet wide within the constraints set forth by the site characteristics and density requirements. That is, in order to accomplish the goals of tree preservation and open space creation within the context of the R-4.5 standards for the 4.97 acre site; the above setbacks must adapted accordingly to accommodate viable market rate homes. In general, the overall character and composition of this planned development will not vary greatly from -and feel much like- a typical R-4.5 compliant neighborhood. • Dakota Glen PD application S • 745-No modifications to the standards of landscaping and screening are sought by this planned development. No buffering or screening of any scale or intensity is required relative to incompatible uses as all adjoining areas are single-family residential. It should be noted, however, that this planned development preserves 20% of the site area as open space by dedicating Tracts A and B for the purposes of tree preservation, passive recreational space, active play area and common space. 765- No modifications to the standards of off-street parking and loading are sought by this planned development. Each single-family residence shall feature at least 2 off-street spaces, including individual garage spaces. 795- No modifications to the standards of visual clearance areas are sought by this planned development, which in fact, provides for considerably greater sight distance at the intersection of SW 110th and SW North Dakota than is typically required. The Dakota Glen planned development also meets the criteria of retaining the site's natural physical characteristics to the greatest degree feasible by providing for public street alignment and lot layout that preserves as much of an existing stand of trees (Tract B) as possible and avoids another grove (Tract A) altogether. Additionally, the sidewalk alignment on the north side of SW Torland • Street meanders through Tract B to further avoid disturbing existing trees. Trees which are unavoidable, and therefore subject to removal, shall be mitigated as required by City of Tigard tree code, Section 18.790. While final locations of tree installation have yet to be determined, it is expected that mitigation will occur largely in the Open Space Tracts and within the rear yards of individual lots as space permits. Every effort shall be made to minimize disturbance of grades, and all home sites are located outside of any area subject to side or slump. Access and circulation into and around the site shall meet all applicable requirements, as will site drainage. In addition to the landscaping material to be installed within individual residential lots, open space, measuring 20%of the site, has been designated on the site plan / preliminary plat as Open Space Tract A and Open Space Tract B in accordance with Section 18.350.110. These tracts shall be owned and maintained by the homeowners' association or other assigns with the final terms of such an arrangement subject to approval by the City of Tigard Attorney. Per the Letter of Incompleteness dated June 6, 2005, a draft copy of the Declaration of Covenants, Conditions and Restrictions governing the planned development has been included for consideration herein. • Dakota Glen PD application • • • SUMMARY/CONCLUSION The proposed Dakota Glen development complies with all applicable elements of the Comprehensive Plan and Development Code. The proper steps have been taken to ensure compatibility with the established neighborhood character within City limits and urban services area boundaries. Adequate public facilities and services exist or are proposed to serve the development, and all improvements will be constructed to City and other applicable standards. The proposed planned development will create housing in a manner consistent with, and complementary to, the surrounding residential developments while preserving a substantial number of mature trees. The applicant's ability to modify some of the typical lot dimension parameters allows for the retention of trees, essentially substituting tree preservation in exchange for typical R-4.5 lots. The character of the lots will not differ greatly from R-4.5 compliant lots, and the open space tracts will create centrally located neighborhood amenities of value not otherwise possible by a typical subdivision meeting density requirements. • • Dakota Glen PD application I • ii --. . . . . . CITY OF TIGARD• 4 ;------ :__ -. , - P APPLICATION CONFERENCE NOTES =or mosekoomon Commliszityetaistimetit pre-App fcationAeeting:Notw are-Yid for SIC (6) Months). s tY 411PREAPP.MTG.DATE ✓q u Q STAFF AT PRE-APP: i f iri A .air RESIDENTIAL APPLICANT: VvJl/ 4Froperlif+ AGENT: W1.16.iniin Phone: /- 16C0 Phone: PROPERTY LOCATION: ADDRES/6ENERAL IACATIOIk 10110 - Ito cw AMr1%IAA SI TAX NAP(S)/LOT#(S 1S 13'.I p 11co, �,3 'Silo NECESSARY APPLICATIONS: 9v8 Cur i otbsoli.Voitp 1' ,� I'watt-au Cr Vlo�sr t.( •ROPOSAL DESCRIPTION: ,L Z COMPR9IENSIVE PLAN MAP DESIGNATION: R 9 05 Lou, Y vs4 i)t Re4 . ZONING MAP DESIGNATION: R- if.s MIN=INSIBILIMMENSUMIL 11.11111318RS Worts OW Swim IL_ 5 i° I MINIMUM LOT SIZE: 'LCD) sq.ft. Average Min. lot width: 4 ft. Max. building height 3 ft. Wads Front ZO ft. Side 5 R Rear f R. Comer it ,ft from street MAXIMUM SITE COVERAGE:— % Minimum moped or natural vegetation area: — %. GARAGES: ZO ft. diEllallIMI N MEIN fie&is Me lidglisdrul Ye IOW) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES,AND THE CITY OF TIGARD juttimacteffigal of their proposal. A minimum of two (2) the=ring date and the meeting date is notice. Please review the Land Use posting meeting o to held prior 41) s+ a your awn or the aeon wS not be * NOTE In order to also prelinsbady address building code standards, a meeting with a Plans Examiner Is encouraged prior to submitbd of a land use application. CfiY OF TIGARD ReAppiceion Cackle=Notes Page 1 d9 • • ' NABBDTIYE der to Code Cdr 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the 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. The applicant should review the code for applicable criteria. [(MMRUCT STUDY Webs to Code Sew 18.390.040 Ed 18.390.11501 As a part of the APPUCATION SUBMITTAL REQUIREMENTS, a• •licants are rNuired to INCLUDE AN IMPACT STUDY with their submittal package. The impact dy shall quantify the effect the development on public facilities and services. The study shall address, at a minimum, the transportation system, including biceways, 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 f 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 [i Mono Moudms18.105 and UM Minimum number of accesses: I- ir,Ctk. 4.1-Z a Minimum access width: Minimum pavement width: 1- zo'4►.at,, (et 1-6lA ;i (Refer to Code Omer WOE Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. (IEsuanmItwlslTY PAM= Mu toCods Cheat 183151-SU WERE BEM 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 she area: eviurlsik All sensitive lands areas indudina; 221 $ 7�''�' Land within the 100-year floodplain; foe D Slopes exceeding 25%; _ -35/ afr) • Qrainageways;and _ 1'��ft • Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-wav dedication: la Single-famly allocate 20%of gross acres for public facilities;or 2.1 D actual 1596 of gross ac les for pubic featies;or 1 $ t e tS e''l s/I public facility square footage can be used for deduction. lnferirtmasireUtauiiI � EXAMPLE: USING A ONE AWE sire M THE R42 ZONE(UM 1Niw LOT say WITH NO DEDUCTION FOR SENSITIVE LANDS SIMMC4MilI i�B1�■14 43,560 sq.R of gross sae area 43,560 sq.ft.of gross site area _$.712 so.R(2096)fnr 6.534 so-ft.(15%)for oubuc Mt-away • HE 34.E square feet ET: 37,026 square feet ifigan&C"MI *i ftsersalesllstaisamsasssrastra alesesrsassi•t I *tr■ oraantimblea ides aS■■utborlaills AIBifSli11511111111/1111.1.1011111111M11111111111 IMESWOWS MI CITY OF TIGARD PreApplicsionCookence p P a g e 2d9 • • ❑ SPINAL MANS Meier to Code Section 18.7301 D STREETS: • feet from the centerline of D FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. D ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. D MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot Gnes. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. Mee ap Me zoning brtke prime grunge Mack reqifiremeotsi ❑ RAG LOT MIME MET PHOMMOIM Meter to Code Molter MAW MAXIMUM HEIGHT OF 1'4 STORIES or 25 feet, whichever is less in most zones; 21A stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.0.2 are satisfied. l MMID MEM Merle Cot ____er183151 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE lr°` OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the q1,3 CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer „$o areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of cob"' hb 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 10' advisable even if not required by the Code. The required buffer areas may or be occupied by rF vegetation, fences, utilities, and walkways. Additional information on required buffer area materials r'' oak sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS aoolicable to your proposal area Ls: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: =UM MOWN gale Oloplon10345,11.715 amHYJ=7 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBUC 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(6)feet of the right-of- way boundary. Street trees must have a minimum caliper of Aka two (2) inches when measured four (4) 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 (1) TREE FOR EVERY SEVEN (7) 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. ❑ MUM (IMO • Appicatnt should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SiTE SERVICING COMPATIBILITY. Locating a trasldrecydmg enclosure within a dear vision area such as at the intersection of two(2)driveways whin a parking lot is prohibited. Much of Tigard is within Pride Des Service area. Lenny Hing is the contact person and can be reached at (503) 825-81n. COY OFTiGAIiD PteAppieaion Canfarenos Notes Page 3 d9 Ruidsal ftgenlogfilmia Ohishe Woe • • • . []"PARKING IHaterto Code Chapters 18365 x183051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. P. Single-family Requires: One(1)off-street parking space per dwelling unit;and One (1)space per unit less than 500 square feet ➢ Multiple-family Requires: 125 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: • Standard parking space dimensions: 8 feet 6 inches X 18 feet,6 inches. D Compact parking space dimensions: 7 feet.6 inches X 16 feet,6 inches. • Handicapped parking: All parkin areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with i Disabiltes Act (ADA). A handout is available upon request A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. 0 MIME HACKS Merano lodeSeran18.765I 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. MOM Marto Cads glaPtellUEN The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT- DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the ',re- application conference based on avallable information. HOWEVER, the responsibility to precisely identifv sensitive land areas. and their boundaries. is the resoonsiblll y of the aoolcant Areas meeting the definitions of sensitive lands must be dearly indicated on plans submitted with the development aoolication. Chapter 18.775 also provides regulations for the use, proton, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STUMM Mate CMeSods When STEEP SLOPES east, prior to issuance of a final order, a geotedtnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. of CUM=SEEMS MOE u STAIIIIIIIS Marto a as -floggs V LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a • vegetated corridor for a buffer wide enough to protect the water quality fung of the sensitive area Desion Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identfies the required widths CITY OF TIGARD Pte,{Ippicefion Conference Noses Dews.„s e • • TABLE 8.1 VEGETATED COMMON WIDTHS 50060E OWS DESIGN AND CONSTBOgflON S`iANDA60S WAVREOL0flON&ORDER 96-44 '`"' • ' • :SLOPE ADJACENT WiDTW OF VEGETATED :SENSITIVE.ARE .DERiAimoa • , : . • . • . . . TO SENSE AREA' CORRIDOR PER SIDE • Streams with intermittent flow draining: <25% 15 feet 10 to<50 acres 25 feet • >50 to <100 acres • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 30 feet ► 10 to<50 acres 30 feet ► >50 to <100 acres • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams,and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine(break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 'Starting point for measurement = edge of the defined channel (baNdul flow) for Avers, delineated wetland boundary. delineated spring boundary,and/or average high water for lakes or ponds.whichever offers greatest resource protection. Intermatent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor.shall not serve as a starting point for measurement. 2vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. •Illrezetated corridor calends 35 feet from the top of the Mille and sets the outer boundary of the vegetated contdor. The if a stamped report confirms slope stability shall be maintained reduced setback from the the top Vie. may be reduced to Restrictions in the Vegetate Corridor. NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping any materials of any kind, or other ages shall be permitted which otherwise detract - - torn the water quality protection provided by the vegetated corridot -except as provided for in the USA Design and Construction Standards. Location of Vegetated Corridor. IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained In a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outhne the conditions necessary to comply with the R&O 96-44 sensitive • area requirements. If there are no sensitive areas, CWS must ski issue a letter stating a CWS Service Provider Letter is not required. El slam PPERMM M BE�OBTAINED PRIOR TO INSTALLATION OF ANY SIGN the City of Tigard. A'� for Sign Permits' handout is available upon request Additional sign area or height beyond Code standards be permed if the _! = is reviewed part of a devebpment review application. , a Sign Code <.-••,.• application may be flied for Director's review. er1BWl-AHmaaE®IISMli1�79�13LrJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepaied which,by a certified provided for any tit, . _ , p duet, erg �a , �•= ���• , sNe t, or use is fled. Protection is • - • over removal where possible. CITY OF 11GARD Pre Appiceim Conk:ewe Notes Page 5 of9 Madrid Pel (>isssdoo • THE TREE PLAN SHALL INCLUDE the following: Identification of the location, size, species, and condition of all existing trees greater than 6- • inch caliper. ➢ 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 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% 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% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.1.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50%of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and • A protection program defining standards and methods that will be used by the applicant to protect trees dunng and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1). YEAR PRIOR TO A DEVELOPMENT APPUCATION USTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. 1MIUCAT108 lam Coda Seegn 111.790.1011 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 art 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 UEU 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 roement. g9Y 11981 Md11111111118 81111twitThE The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT(8) FEET IN HEIGHT at road/driveway, road/railroad, and roadhoad intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area The p shashw ad vision areas on the she plan,and identify any obstructions in these areas. CITY OF 11GARD Pre Applic ion Conference Notes Pegs 6 d9 ildde�Ap�o�rip Obits Soda S • • FUTURE STRUT P1 N 1ID VISION OF Malmo Code Section 18.810.030/1 r • A FUTURE STREET PLAN shall: Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. 2 ADOITIONAAL LOTDIMBISIONAL einumatens Olderte Code Sullen 1B.81011801 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a.partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement The DEPTH OF ALL LOTS SHALL NOT EXCEED 2%TIMES THE AVERAGE WIDTH, unless the parcel is less than 1%times the minimum lot size of the applicable zoning district. CrBLOCKS Into Code Section18.810.1901 te The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided • through the block. -MOECRAP= - -- - - - - - - - - - 18.330(cordson 18.620(Nod rdasgte Deep ✓ 1&765(OSSiset ParkIngn cad g ) 18.340 Petal 6mapsetason) 18.630(Wastdsgtoo Squa e Itaitanal cent — 18.715(Saralee Lands rte) 2_ 18.350 ponied o q 18.705 occessEgressfaradasoo — 18.780(mss) 18.360(etaoeaelopmedRN* 18.710 Vassal Resilental Units) 18.785(rempona,use Penns) 1&370Na aciemeoo 1&715 ►compuiasons) _418.790 Mae t 18.380 WogMartmaamend 18.720 Pasty Con rsmidasds) !�18.795(Visual Clearance aeas) 18.385(lsoetaaon Pemda) L. 18.725 geatunmental Mama=Standadsl 18.798(Vedas Commiuicsdas rimes) 18.390(Bielsko lfating PoseainedImpact Study) 18.730(BOapimnTooe+relopmed 18.810(Skeet autay hammed stadesds) — 18.410(tcctbe 1&740 Glebes o y) — 18.420(Laid 1&742(Mameomspai—Ponds) �y 18.4300m mss) 18.745(Latscapil asaeerrog �L 18.510 paskieratarav crow 18.750 Ohnikdasaal Hometmwons) _ 1 8.520 gamuioatzontg mom 1 8.755 mud Said Waster sy ig Storage) - 18.530 paduaieizooiolq otst 18.780 glossoa • cI YOF TIGARD PteAppfca6m Conference Notes Page 7 019 Rdleofat fpfeiaPauia OM.Se*. • • • , . ADDnIONAL COUSINS OR BM W& Sv i � •?W' lu a - J ` � A--La, 1%214 i—fin . / L / • " ✓e• ,• V . .� J► • << sa. a•► 1 ,., c- - • MOURN ef Administrative Staff Review.say Public hearing before the Land Use Hearings Officer. e,/ Public hearing before the Planning Commission. pp Pubic hearing before the Planning Commission watt the Commission making a recommendation on the proposal to the City Cowl An additional public hearing shall be held by the City Couna7. IIPPUB1111011811111111111111INIES AU APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the • • . , Development Department at Tigard City Hall offices. E NOTE: licatf 1• .iii-. J 1L--, d1. -• - L =1 �i - •'0 1!� iLi'S.•. L � Lt. •`1- • -r->.e - -1 _.._.. ' ':.. _LL'1. _i , .__:. 1'.•. - 1`I e = � • _ . I►.. ADS/ A•., .• lie if Is • - U i AMU= Or • '7;17 71 VZ°'y'"' Ii7"i-'. 'il�;l':,1;:►�s•,11t i.Ac_ 1i••'i '^'.' •. The Planning Division and Engineering Department wW perform a perry review of the z=n and will determine whether an is complete wlthm 30 days of the counter Staff w81 nosy the applicant = • •11 •. -' information or add al copies of the submitted materkds are required. CRY OF TIGARD Pre.Appicaian Calmat Noses Page 8 ON liesidea41AOO1oiioPlis Dim ado • • • 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• pp otrac teed issues or requiring review by other jurisdictions may take additional ti me to review, Written recommendations from the Planning staff are issued seven (7) days prior to th e public hearing. A 10-day public pen folio all land use decisions An appeal on this matter would be heard by the Tigard 0.10 4� L 0.4. .6.I[Pc doceiur . A basic flow chart which illustrates the review process is available fro the Planning Divisi upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE APPUCATION 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. SOBONISION PI`T NIME LION ieounty Saiveyort Oka 503.64E-888Il PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPUCATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain app,rovalreservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BIEDIMPEIMEIS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These p npration notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if here are 0 building code issues that would prevent the structure from being constructed, as proposed. Additionally, with xgard to Subdivisions and Minor Land Partitions where any structure,to be demolished has system development charge (SDC) credits and the underlying parcel for that s t r u c t u r e will be eliminated when the n e w plat.is recorded, the C k s . . i ,, ' 0 those tern de v e • .ment cxed to ; e fi b_uildin. =_ . issued • + = deve . . -nt ^r- s • • -'„ s -1_`^3� = _ _ �;_-' " - - --. - - — e IT' • _-' - ; is OBTAIN. y E . Th? }• '•- and •;1�. cannot ver an u ants - • as• , r f•' 1�gro isnn fit nom w to Se de Or your mte l �aoure i e ""^ e � . . .� - ,. • � •� yr. � .; . .to rr on it :-. b the ph '., I,: a over the a, . 1,.; ; sue, • - or m.• 12^,�, Is. It B «., i .. �, a .,.P e :I,,, 'Cant ,I; obtain an read I - • I ��► 1 pmalt Code or ask any questions of -•►=1 relative is Code prior to - • '1 , • an : . .. ✓.i!on. AN ADDITIONAL PRE-APPUCATION FEE AND CONFERENCE WILL BE . REQUiRED iF AN APPLICATION PERTAINING TO THIS PRE-APPUCATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED fit 1417r9ecet 7-rzi.t...4 aiT Of Ind PulDMG DM - SiAff PERSON VOIDING PRE.APP. ltRiiN6 PIiME 503-6394111 f*t 513-684-1291 BIM: ismaind@dlietrtiouls 110 i111E1(0ff of ways ovum OBBOPiIBIT CODE)1111111E1111111161millisadAris Nobs Residlinialdoc updatat 15-oea04 OTT OF 11GARD PIeAppiealon Conference Nobs Page 9 of9 aeddiddAppialivel oipQiitaBul s • • PRE-APPLIOATIONIONFERBICE NOM NE < oftiotruinviiin bra PUBLICEACIUTIE Tax Mask Tax tnUsk 33011 3401 3500 a 3700 Use Tot NB 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. -- - -e SW.North Dakota Street to 29 feet from centerline (Neighborhood Route with Bike lanes) plus additional ROW for radius returns e SW Interior streets to 54 feet ❑ SW to feet ❑ SW to feet Street improvements: ►_� Ha street improvements will be necessary ry along SW North Dakota Street, to include: e 18 feet of pavement from centerline ® concrete ceb IS storm sewers and other underground utilities • ® 5-foot concrete sidewalk with 5-foot planter strip ® street trees sized and spaced per TDC ® smart signs,traffic control devices, streetfights and a two-year streetlight fee. ❑ Other: OITIFT111111 hf INNUme los l�t�f i • • ej Full street improvements will be necessary along SW Interior public streets,to include: 32 feet of pavement from curb to curb ® concrete curb ►rA storm sewers and other underground utilities l ►4 5_-foot concrete sidewalk with 5-foot planter strip ® street trees sized and spaced per TDC CI street signs,traffic control devices, streetlights and a two-year streetlight fee. ® Other Any reduction of x-section must be requested and supported with daily trip data Fuf street improvements will be necessary along SW Interior Private streets, to include: e 20 feet of pavement minimum in a Tract e concrete curb ►�� storm sewers and other underground utilities ® _5-foot concrete sidewalk(allowed in an easement) ® street trees sized and spaced per TDC street signs,traffic control devices, streetlights and a two-year streetlight fee. ❑ Other ❑ street improvements will be necessary along SW ,to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW, ,to include: ❑ feet of ❑ concrete curb • ❑ sham sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs,traffic control devices, streetlights and a two-year streetlight fee. mvun 11111!os#oealrnet*w■alkis laptdi • ❑ Other •Acueement for Future Street improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ® Section 1 8.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW North Dakota. Prior to issuance of buildino permits, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: - The nearest sanitary sewer line to this property iss a(n) 8 inch line which is located in Torland It North Dakota Streets. The proposed development must be connected to a public sanitary sewer. it is the developer's responsibility to extend the public sewer to serve this development and any unnerved properties upstream. Water Supply: The City of Tigard (Phore:(503)639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. 8404.Mer s fit) SITE ("nu_ 6e 5elauep PortM I U' UME 11.) MOAN 0A to 74 Fre Protection: Tualatin Valley Fine and Rescue District (South Division) (Contact Eric McMullen, (503) 812-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other • questions related to fire protection. Storm Sewex Improswements: Minalleallamelbles 11.31111 • • All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm •drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Detention is required. A downstream analysis may sb7l be required due to the lack of public storm sewer avarlabi city. 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..00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 66 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 $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. • Other Comments: - - - -- All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) Land Use application must address 18.705.030.H.1 - Provide preliminary sight distance certification with a fist of improvements required to meet the standard. In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) onfinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the 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 burial(' nemt*T issuance. in fani'ted 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 on L when the TIF is greater than $5,000.00. MEbi PisaMalioftlimselleis Nie4efi • • Pay the nF PEIII'S Public Faculty Improvement(PA) Permit Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PR permit application. This time will be considered part of the administration of the eventual PFI permit The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required,the Permittee must execute a Developer/Engineer 4110 Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: 10Th II an PR remit is reeked,the applimnt must obtain that __ __ _ • permit pier to Mess otms permits from tde Mins Division.- - - Buldina Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171,ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work Home burs will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after,or concurrently with,the SIT permit • Master Permit(MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes gracing, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. MIME ht llhala aslmms es feeSdli' For a land artition the applicant must obtain an En ineering�ermit, if required, and return a • mylar copy of the recorded plat to the City prior to issuance of this permit. • Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. SlABIN6 PIAN BE0Q(BIMENTS FOB SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will l be necessary in determining if special grading inspections will be required when the.lots develop. The design engineer wall also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor.plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: 3.2•INOBIBBINEDINDITISTAFF DATE Rona 151131 8394171 daeuraene Revlset September 2,2003 0 MI mum r ucalm= s glide S • • REQUIREMENTS FOR TRAFFIC IMPACT STUDIES FOR DEVELOPMENTS WITHIN THE CITY OF TIGARD A traffic impact report is required prior to City acceptance of development applications when trip generation (Average Weekday Trips) and existing Average Daily Traffic(ADT) of the frontage City street,at the point of access to that street,fall within the ranges given below(vpd: vehicles per day): Existing ADT of City Street Trip Generation of At Point of Access Development 0—3,000 vpd 2,000 vpd or more 3,001 —6,000 vpd 1,000 vpd or more Greater than 6,001 vpd 500 vpd or more A traffic impact report may also be required if any of the following Issues becomes evident to the City • Engineer. • High traffic volumes on the adjacent roadway that may affect movement into or out of the site, • Lack of existing left-tum lanes) on the adjacent roadway at the proposed access drive(s), • inadequate horizontal or vertical sight distance at access points, • The proximity of the proposed access points to other existing drives or intersections, _ • The proposed use is a special or conditional use zoning classification or involves a drive- through operation, • The proposed development may result in excessive traffic volumes on adjacent local streets. TRAFFIC IMPACT REPORT REQUIREMENTS • The objective of the report is to analyze and evaluate access safety, feast inty,operation and performance,considering the movement of sie-generated traffic in relation to the existing conditions, traffic flow, access points,and intersections within the influence area Alternate methods of mitigating identified deficiencies will be established and final recommendations made for improvements necessary for safe and efficient traffic flow. The Traffic Impact Report shall be prepared and certified by a Traffic or CM Engineer registered in the State of Oregon. Trip Generation Estimates trip generation must be made for peak-hour traffic,for design purposes, as opposed to estimates of Average Weekday Traffic used in the calculation of the Traffic Impact Fee(TiF}. Selection • of the design hour used in the analysis will be justified but will include,at a minimum,AM and PM peak hour. Trip generation estimates will be based on the most recent issue of/TE Trip Generation,An Informational Report. Where trip generation rates are not available in the lTE report,or justification can be made for the use of different rates,approval of the rates)must be obtained from the City Engineer prior to use. TRAFFIC IMPACT REPORT REQUIREMENTS PAGE 1 • • Area to be Considered In the Report At a minimum,the analysis will consider all road segments, access points, and intersections within the influence area,defined as the site's frontage and a distance of at least 1,000 feet extending out from the site's property One. The City Engineer may require an expanded influence area on a case-by-case basis. The traffic engineer should contact the Engineering Department for a specific scope. Trip Distribution and Assignment Traffic generated from the development will be logically distributed and assigned at the frontage road access point(s)and the point(s)where site-generated traffic accesses the City major collector and arterial road system. The distribution shall be based on Metro's zoned figures supplied by staff, or by analysis of local fraffic patterns based on collected data. The report shall include a discussion of the method used for traffic assignment and assumptions used for assignment of traffic to the network. Traffic Volumes to be Used in Analysis The frontage road access point(s)will be analyzed and evaluated considering"total"traffic: the sum of existing, "added"and site-generated traffic. Added traffic is defined as traffic generated by developments, or phases of developments that have been issued a building permit,or, in the case of • subdivisions, have a recorded final plat. Staff will supply added traffic volume information. In addition, the report must consider background traffic volume growth for the design year of the project(when the project is projected to be occupied). Background traffic growth rates must be reviewed and approved by the City. NO'T'E: Existing traffic volumes must have been measured within the previous twelve months. For intersection analyses,the data shall be from a one-day manual turning-movement count For roadway. __.. capacity analyses, the data shall be from a three-weekday, 72-hour count that includes either a Monday or a Friday. Safety Considerations The frontage road access point(s)will be evaluated for safety considering existing traffic movements, Intersections,and other driveways within the influence area. Potential safety problems resulting from conflicting turning movements with other driveways and intersections within the influence area, and internal traffic circulation, must be addressed. Any safety or geometric concern,identified in the City Transportation Plan, which is adjacent to the site frontage shall be addressed. Potential solutions will be identified and evaluated,and specific recommendations made to alleviate the safety or geometric concern. A determination of the need for traffic signals will be made at the frontage road access point(s), based on warrants in the Manual of Uniform Traffic Control Devices(MUTCD). if a traffic signal is warranted, recommendations will be made as to the type of traffic signal control and signal phasing. If storage lanes for right or left turn lanes are required, recommendations will include the amount of storage • needed. Availability of adequate sight distance must be addressed at the proposed frontage road access points)for both the existing road configuration and the ultimate road configuration based on improvements identified in the City Transportation Plan. Entering sight distance will ensure that a TRAFFIC IMPACT REPORT REQUIREMENTS PAGE 2 S • driver has a minimum sight distance equal to 10 times the speed of the through street, continuously available in either direction. The sight distance shall be measured considering the driver has an eye height 3.5 feet above the access road or driveway approach and is positioned 15 feet from the extended curb line, edge of pavement or inside edge of the bikelane(if present)of the through street The object along the through street shall be considered to be 4.25 feet above the road. The posted speed of the through street(or basic speed rule, if unposted),or the 85th percentile speed(whichever is greater)shall be used to establish the distance which must be available. Acceleration lanes,deceleration lanes, turning lanes,and channelization will be considered, evaluated and recommended when determined necessary by accepted standards and practices. Traffic Impact Report Format In general, the Traffic Impact Report will devote a section to each of the topics discussed above. Documentation will include: 1) A description of the development, intended use, ITE use code and complete documentation of the trip generation calculation; 2) Traffic flow diagrams displaying traffic distribution, traffic assignment, existing, added and total traffic; 3) Vicinity map and influence area map disp laying the existing road system including road names,functional classification, existing pavement and shoulder width, striping and channelization,and all existing driveways and intersections within the influence area 4) Turning movements at access point(s)and intersections within the influence area; and • 5) Technical appendices and other material necessary to convey a complete understanding to staff of the technical adequacy of the report Treatment of State and County Facilities Any access onto a State(O0O1)highway or Washington County roadway requires approval from those agencies. Traffic analyses must meet ODOT and_County requirements, in addition to City requirements for a Traffic Impact Report. Revised: November 4, 1999 • TRAFFIC IMPACT REPORT REOWREMENTS PAGE 3 14s-z1-' m5 id:b ?HUI- • • T-707 P002/002 F-015 ,. city or TIGARD. Ak f01 DEVELDPI ENT DEPABTNENT 2S st§ u B 97223-RD �� , REfiBN 91223 oaIy se nusamm flufitanp Pug I Fr W11111II:J .. Rit-QIL'ELISTF0R �� .'000i PR@ERTY 0 11141111. 11r GM ....._.,......_...._. Property owner information Is valid for 3 months from the date of your request NDICATE ALL PROJECT MAP&TAX LOT NUMBERS(i.e. 1SI34AB,Tax Lot 00100)OR THE RESSES FOR ALL P PARCELS BELOW: I S 3 bB 3340 340o 3500 3700 G Y URN , 0 L Y _S OF LAB WILL BE,�P!ROVIDED AT E FO 1 !1 t ' , :,� 11! 1 11J: e� ' 1( Is �I + �a " - .1515 (P �! I .��(•,� :a/'1 I a �r��r�/� ,4 �,.,-:.. . .i, �:1, . L,; t, 1,�7I_ � ' I .e . Ik ad . means an he final sets of labs n,r, to be • : • on en • • ewith first fetter-rate pa e , the 11• {•j of .;.,ter•0 . K. J!,-: (/�,F m.,,�•- m►el, , -- and It '�1%fir «yy.�� '1, i' ' 1 11 •�: 0 0 0 1(1I l9 11 0..; to • • �fl.,' :!— •1"• 11!':x- 1 !:1 (0 use 3 artd the s7%,.y /; • woof ; ,�, ;; ;:: • c ' '' :.0-:, -I!_ �p;. �,. L-,•---1: • b; oww�� 3 •• ptc�k up - 1 pay for the r 1 : , ;'r-, _ r. • • ANTE OF CONTACT PERSON: 3011 MARramtiaT PHONE 503. 452. 003 _ -_._ __ FAX =45Z•S0 3 .;1 may 1 ; 1 ;1 �1 oP :I �• .17 '� �• bp :e ¢' •1 �1 .I 1 : • • 1Si340G094340 1S1340C-08800 ADAMSKI CURTIS R BARRIE WILLIAM N AND CYNTHIA C 419 FIR ST 11489 SW TWIN PARK PL tCOUVER,WA 98660 TIGARD,OR 97223 1S13408-05400 1S1340C-08500 ALBERS DEBRA L& BECKMAN TED E&HOLLY S TERRANCE L 11549 SW TWIN PARK PL 11280 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S13400-02200 15134=09700 ALEXANDER FERD F&CATHERINE Al BENASSU DEBORAH T TRUSTEES 11523 SW CORNELL PL 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 1S13400-02000 181340C-10800 ALEXANDER FERD W&NATAUE S BERNARD KYLE L&USA B 11423 SW 107TH PL 11556 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1S13408-07200 18134130-00700 ALLEN CHARLES E&MARY LYNN BERNHARD SCOTT M 12085 E ALTADENA DR 10895 SW TIGARD ST SCOTTSDALE,AZ 85259 'TIGARD,OR 97223 • 1313413A-02800 1S1340C-10300 ANDERSON JAMES E&VALERIE L BOWKER LEANNE MARIE 10750 SW DAKOTA ST 11496 SW CORNELL PL 'TIGARD,OR 97223 - - - —_- - --- — TIGARD,OR 97223 1813400.00600 1S13408.04300 ANDERSON LARRY R AND BRAHM STUART R&SHARON W CIA Al 11085 SW 109TH 11355 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1313413C-122x0 1543408-03800 ATNIP GREGORY L&DARLLA BRAUN LIVING TRUST 11360 SW SUZANNE CT BY BRAUN WILLIAM H JR&ANNE E TRS PORTLAND,OR 97224 10920 SW NORTH DAKOTA ST TIGARD,OR 97223 1S13408-00201 181340611900 BAILEY JOHN I11& BROUGH THOMAS J& BAILEY SHAWNIE HANSEN TINKER JOY 11027 SW 110TH PL 11355 SW SUZANNE CT TIGARD,OR 97223 TIGARD,OR 97223 Wri43a1" 1St340803800 ,LEY JOHN M&SHAWNIE H BROWER RONALD RAY 11027 SW 110TH AVE BROWER HELER C TIGARD,OR 97223 BROWER ROGER E 10940 SW NORTH DAKOTA TIGARD,OR 97223 • • 181340009600 1813401345900 ALcaRYANT DONNA.18 ROSS A CHRISTIAN KENNETH MICHELE K SW CORNELL PL 11009 SW I10TH CT W1RD,OR 97223 PORTTLAND.OR 97223 1S13400.00400 1813408-03100 BURGHARDT JOSEPH W CLARK MARIE M DOLORES J 11140 SW NORTH DAKOTA 10805 SW TIGARD AVE TIGARD,OR 97223 TIGARD,OR 97223 1513400-00502 151340C-10500 BURGHARDT THOMAS&AMY COBURN KELLY E&TERRIA L 10823 SW TIGARD ST 11534 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1S1340C-08700 181340A-10800 CAMPBELL SUSAN KATHLEEN& COOK KENNETH RALPH&RENEE R CAMPBELL NAOMI L 10710 SW NORTH DAKOTA 11505 SW TWIN PARK PL TIGARD,OR 97223 TIGARD,OR 97223 1S13408-04800 181340011400 CAREY KRISTEN S& CORDILL JEFFERY&KRISTA J SWITZER CARL R 11490 SW GALLO AVE 411FDSW 109TH AVE TIGARD,OR 97224 ,OR 97223 1813408.00200 1813408,00800 CARNAHAN EDITH TR CORPORATION OF THE _10985 SW NORTH DAKOTA ST PRESIDING BISHOP/CHURCH OF TIGARD.OR 97223 JESUS CHRIST OF LDS - - --. __ _ . - 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY,UT 84150 1813413412000 1S130A-04400 CARTMILL RANDY&CINDY CRAVEN RICHARD E&MARY N 11375 SW SUZANNE CT 18867 S FOREST GROVE LP TIGARD,OR 97224 OREGON CITY,OR 97045 ' 1 1513408-06500 • . PLACE OWNERS OF CRAWFORD ROBERT J&KRISTA S 8- 11311 SW 112TH AVE • 0 TIGARD.OR 97223 181340847100 161340847000 CAUFIELD JOHN R 8 LESLIE A DELI.LINDA L& 11133 SW TORLAN ST CARTALES LARRY S TIGARD.OR 97223 11147 SW TORT AND ST TIGARD,OR 97223 4110smoo 151341311402000 .AN WEND C& DODGE JEANETTE LELNNG JACQUUNE 10900 SW NORTH DAKOTA 11222 SW TORLAND ST TIGARD,OR 97223 TIGARD,OR 97223 • • 1S1340C-11500 1S13413C-05000 *HUNT CONSTRUCTION CO INC ETTER LARRY D& OX 1836 LINDA M _OSWEGO,OR 97035 11445 SW TWIN PARK PL TIGARD,OR 97223 131340A-01900 131340D-00E0D DORR JOHN D&KATHERINE E EVANS ROBERT A 10875 SW NORTH DAKOTA ST 10905 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 13408-00100 1S13400-00501 DO' • JOHN ' D FITZGERALD ROBERT A AND DORR • =- NE E CHRISTINE A 1 1: •- DAKOTA ST 10835 SW TIGARD AVE - M.OR 97223 TIGARD,OR 97223 1813408-08900 1313408414700 DOVER DANIEL P&DANIELLE F FLORA MICHAEL P& 11102 SW TORLAND ST LORRAINE F TIGARD,OR 97223 11100 SW 109TH AVE TIGARD,OR 97223 1S1340A-04900 1313413C-09300 DUNNING CHARLES A JR FREDERICKSON ANDREW J&CATHERI 11390 SW 108Th 11514 SW TWIN PARK PL RD,OR 97223 TIGARD,OR 97223 • 1S134DC-09800 1S13408-06100 EIDSON DONALD L AND MARY H FREEMAN DALLAS&RICHARD H 11501 SW CORNELL PL 11230 SW NORTH DAKOTA ST TIGARD,OR 97223 PORTLAND,OR 97223 1813408.06400 1813408 04100 ENGLE DALE W&SHARON R FRY VERNON L&JEANNETTE A 11287 SW 112T11 AVE 11125 NW 109TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1813408.00000 M13443002900 ESPINOSA LAUREN J&TOBY W GALLO JAMES ANNA H 11160 SW 109TH AVE 11200 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 131340S-03303 181340A411800 ESPY BRENT AND GEORGIA GEDROSE REUBEN H 3418 SW HAMILTON ST DELORES N PORTLAKL OR 97201 4750 SW 182ND ALOHA.OR 97005 .13-03400 1813400401901 - . Y BRENT E&GEORGIA L GRANT JAMES R&KAREN DORR 11060 SW NORTH DAKOTA ST 11865 SW SCHOLLWOOD CT TIGARD.OR 97223 TIGARD,OR 97223 • • 1313400-11700 1513408-03700 GRAY LAWRENCE D&MONIKA E JABS WILLIAM MASON LIV TRUST 411KDSW GALLO AVE BY WILLIAM MASON JABS TR ,OR 97223 2546 SW 6TH AVE CAMAS,WA 98607 1S134DA-06000 1 3408-03500 HANAUSKA TERESA M ii � MASON LIV TRUST 11360 SW 108TH AVE BY 777 MASON JABS TR TIGARD,OR 97223 VE ,WA ..a:• 151340E-073Q0 1S13409.05500 HANSON-TORLAND LING TRUST JEFFERS CAROL L BY HANSON-TORLAND MARY TR MCDONNELL MICHAEL P 11100 SW NORTH DAKOTA ST 11013 SW 111TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S13400.02100 1S13408-05700 HEATH ROGER C AND DIANNE S JENSEN KATHY J 11445 SW 107TH PLACE 11048 SW 111TH PL TIGARD.OR 97223 TIGARD,OR 97223 131340A-05100 1513408-03800 HENEGAR ROBERT S&UNDA J JERGESEN KEITH F&KARRIE J 11330 SW 108TH 11t85 SW 109Th AVE öRD,OR 97223 TIGARD.OR 97223 1S13408.04000 1813400400 HOLIES STEVE J&CARMEN JONES CHARLES B JRFCATHYANN 11165 SW 109TH AVE 11536 SW TWIN PARK PL TIGARD.OR 97223 TIGARD,OR 97223 1813400-08600 1S1340C.08300 HOOPER MARTIN B&SUSAN T KIEHLBAUCH JAMES MICHAEL& 11527 SW TWIN PARK PLACE VALLI DAWN TIGARD,OR 97223 11820 SW GALLO AVE TIGARD,OR 97223 13130845200 13130A04600 HOPKINS DARRELL D SR&DEBORAH KOEHNSTEDT MATTHEW&PAMELA KAY 11240 SW NORTH DAKOTA ST 11325 SW 108TH • TIGARD,OR 97223 TIGARD,OR 97223 13134001900 1813400.08900 HULSE CARL V AND KRAMER NATHAN JENNIFER I. 11487 SW TWIN PARK PL 11401 SW 107TH PL TIGARD,OR 97223 TIGARD.OR 97223 04700 151340 ...AiWES DAVID E& IQRISNADI JUSTINUS& POTTS M EJSSA J WIDYASARI MARIA 11355 SW 108TH AVE 11498 SW TWIN PARK PL TIGARD.OR 97223 TIGARD,OR 97223 S • 1S13400-07400 1S1340A-02200 LAFOUNTAIN DALE B& NELSON EDGAR D AND SWAIN CHARLENE E STEPHANIE J SW NORTH DAKOTA 10850 SW NORTH DAKOTA RD,OR 97223 TIGARD,OR 97223 1S134D -10800 LARSON WAYNE A&YVONNE M NA IrJ 10730 SW N DAKOTA ST , 0 TIGARD,OR 97223 1S13408-08800 131340C-10200 LEE CAROLE O'HARA DAVID A&KAREN D 11170 SW TORLAND ST 11474 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1513400-11200 1813400-07500 LEWIS DAVID/USA& PARKER.TERESA RAE RUUS JEFF 11228 SW TORLAND ST 11550 SW GAILO AVE TIGARD,OR 97223 PORTLAND,OR 97224 1S1340C-11800 131340C-10000 UEBENSTEIN U•DA C PHAM.MYDUNG T& 11410 SW GALLO AVE PHAM MY H 11,OR OR 97224 11463 SW CORNELL PL TIGARD,OR 97223 1513408.04200 1813408-08700 LUZA MICHAEL P PHIWPS WILLIAM& 11105 SW 109TH PHILLIPS DENISE C TIGARD,OR 97223 11156 SW TORLAND ST TIGARD,OR 97223 1313413C-12300 131340Ar02300 MEDICI MARK&ANNALEE RANDALL DONALD D AND JOANN 11455 SW GALLO AE 10800 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 131340C-11300 151340008400 MERCER SCOTT D REA KEN TRUST 11530 SW GALLO AVE 11600 SW GALLO AVE PORT A D,OR 97223 TIGARD,OR 97223 1313403-05100 131340E-0880D &8GUEUNO BEN S AND HIDALENE RIES DAVID E&LORI A 4817 DON AJUO BLVD 11124 SW TORLAND ST SACRAMENTO,CA 95842 TIGARD,OR 97223 &04600 1S1340C40500 .riRAY TONYA J& RODRIIEZ LADONNE& HUDSON HELEN S SIMMONS GARY LEE 27550 S PELICAN CT 11478 SW TWIN PARK PL CANBY,OR 97013 TIGARD,OR 97223 • • • 1313400.00400 1 340C-12400 SCHNEIDER CHARLES A TI r• OF RES S 131_ . SW TIGARD ST -•,OR 97223 1RD.OR 97223 1S13408-02400 181341X-03400 SCOTT SAM R JR ERMA L TIGARD-TUALATIN SCHOOL 11370 SW NORTH DAKOTA DISTRICT 23J TIGARD,OR 97223 6960 SW SANDBURG ST TIGARD,OR 97223 1-13408-02500 1. 34DD-00900 ■ JR ERMA L TI ,t• N SCHOOL 11 • : ! NORTH DAKOTA OISTRI •, •- 97223 > •=URG ST 0,OR • �. 1S1340C 49500 13134013415600 SHEELER CHARLES W&KATY L TIJ XIN& 11558 SW TWIN PARK PL YUAN CHUNG-CHENG TIGARD,OR 97223 11057 SW 111111 PL TIGARD,OR 97223 1S1340A.02400 1813408.04400 SOLLARS RONALD L VANDERZANDEN MATTHEW&CHIE 10770 SW NORTH DAKOTA 11085 SW 109TH AVE TIGARD,OR 97223 TIGARD,OR 97223 • 1s1341)4004800 1S1340C-11800 SPARKS MARY ANITA VO MARK& 11385 SW 108TH BOEN SARAH TIGARD.OR 97223 11450 SW GALLO WAY TIGARD,OR 97224 151340844900 151340C-02800 STALIN FRANK WEAVER ANDREW PA/KATHERINE M& 11140 SW 109TH AVE HAYHURST JOHN W/MARILYN K TIGARD,OR 97223 11310 SW TIGARD ST PORT1AND,OR 97223 1513408-00400 151340012100 STONECHASE LLC WELCH TODD&TRACY E 9550 SW BV77N- LSDL HWY 11380 SW SUZANNE CT BEAVERTON,OR 97005 TIGARD,OR 97224 1813400-09100 151340010400 STROM KATHLEEN 0 VVHIFRN SHARON K 11454 SW TWIN PARK PL 11512 SW CORNE.L PL TIGARD,OR 97223 TIGARD,OR 97223 - 1513400-10100 .UVAN SEAN P&SUSAN S WHITTAKER JEFFREY S&ANITA L 11295 SW 108TH AVE 11452 SW CORN ELL PL TIGARD.OR 97223 TIGARD.OR 97223 • • 1S1340A Ws02 WIEMER THEODORE E& OTRICIA M TRUSTEES 5 SW NORTH DAKOTA ST RD,OR 97223 1813408.1530*) WOLFE DUSTIN 11260 SW NORTH DAKOTA TIGARD,OR 97223 1S134DA-05200 WOODCOCK STEPHEN M&FLORENCE L 11300 SW 108TH AVE TIGARD,OR 97223 1S1340B-00300 WYNKOOP DANIEL L&DEBRA K 11245 SW 112T1-I AVE TIGARD,OR 97223 15134013-05800 YUSEM GUSTAVO JAIME& SUZANNE HELENE 11020 SW 111TH ORD,OR 87223 • 4110 . • • Aikrooks Gaston W06 Princess ,nburg, TX 78539 Don&Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 13.0 Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive •ard, OR 97223 • Susan Belie 11755 SW 114th Place Tigard, OR 97223 CPO 4B • 16200 SW Pacific Highway,Suite H242 Tigard, OR 97224 Patricia Matins- 12195 SW 121st Avenue Ted,OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 ~weir ••�•••••s•• rrvn.I W1tacfl fl Dun= (Pie,ingnIsniunAhahals1CIT Central.doc) UPDATED: 24-Mar-05 • • • F +� . t3 a 1pha COMMUNITY DEVELOPMENT March 28, 2004 RE: PROPOSED 24-LOT PLANNED UNIT DEVELOPMENT (SINGLE FAMILY DETACHED DWEWNGS) TAX MAP 151 34DB, 3300,3400,3500,3700 • Dear Resident: Alpha Community Development is representing the developer of the property' described above. A 24-lot detached single-family residential planned unit development is proposed for this location. This property is currently zoned R-4.5, (7,500 sq.ft.minimum lot sae). Prior to applying to the City of Tigard for the necessary approvals,we would like to discuss the proposal in more detail with the surrounding. property owners and residents. • The purpose of this meeting is to provide a forum for the applicant and surrounding property owners/residents to review the proposal and to identify issues so that such issues may be considered before the formal application is turned in to the City. You are invited to attend a meeting oh: Apra 20,2005,7:00 p.m. at Tigard Water Department Richard M. Brown Audtotium 8777 SW Burnham St. • Tigard,OR 97223 Please note that this will be an informal meeting on preliminary development plans. E These plans may be altered prior to the application to the City. Depending on the type of land use action required,you may also receive future notice from the City of Tigard for you to either participate with written comments and/or an opportunity to attend a public hearing. • = Should you have any questions regarding this proposal,please call me at 503-452-8003. E Sincerely, id • CL Jeff Vanderdasson 10 Manager enclosures Roza Meg.Salem 9iosStiQ+R,Pallid.(kw gna [11 S03-452-80113 to 62-eoa •Ei $! IIf 1rMr.v 101131111111 NNW -11LUr.L•■■■0 elt NO �1F "'° �?� Ili FOR: John Marquart .T' • � r a J Air' JIM r „n/ r-- ■ • • • RE: IS134DB, 3300/3400 le_ ' : \ \ 01 41 " 4 3500/3100 Novq- .. .NM it- !L!L :�,- iii - ` -_it, ,, . . . ._ ma. � \ • ,.�_ aa�r 1117 �pelty owner In/ennetien \ -�••.. la rand ter S menthe trte\\\ = a the date pointed on this map. 11111 \\ ., ' .1... . r75111 • ■ _ , .4111.61; .111111 LaTi".alu IN g � _ = ! . IN ' 4' e ' . • a *11 _ I� . - , C;i �IIJIIP)i� 11111) Nil 1. e -en lip 1 AV, o ,� 10 "roo Vat- 1 in il III mill *.ej• A Aio, .1.1 „ .„ . .,. •::. rimaari -1" m • bl(b100GMMUG.mop b for wad Wigan only id dune be videdva01enWN. MOMMGesIttAt b• «NM.enre WM .m Al IC_._111110 - mun , •eve •pmerR 1 • • • • FREQUENLY ASKED City of Tigard NEIGHBORHOOD MEETING QUESTIONS Cammuitglesaikoneat i e r is bo �l! _�e The purpose of the meeting is to allow the prospective developer to share with you what they are planning to do. This is your opportunity to become Wormed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. • Altai Happens After The jfigkkothadilletiad After the neighborhood meeting, the prospective developer finarees their submittal package (often taking Into account citizen concerns) and submits an application to the City. *Sometimes it takes a while before the developer's application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been deemed complete, the formal application review begins. It takes approuimately 6-8 weeks- from the time the application is accepted for a decision to be made. Many types of applications ire a public hearing at which citizens are given the opportunity to provide Comments or concerns. all types of applications, property owners within 500 feet of the subject parcels receive notice of ale public hearing (if applicable), notice of the decision, and are given the opportunity to appeal the decision. '11L .4 _ II _-ii1111_ ' ill's '_I 1-.1 e ►::t'ltL,1lll.2_ i.L-1 ' . 1 + _ I 41 _ bIL L1.111 . Ants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the opportunity to address the neighborhood Issues and address other changes necessitated by the development or staff. If the project is entirely different, a new neighborhood meeting would be required.. In any case, notice of decision decisiOn is sent to property owners within 500 feet of the proposed development allowing them the opportunity to appeal. • two 1 Know What Isued VR A decision- Is reviewed based on compliance with the Tigard Development Code. Review the development code to farlydlaufze yourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard City Library or a copy may be purchased at the Car inunfiy Development Services counter. You may also contact City Plannitng staff and ask what the standards we for a speck issue. Be prepared, hage er,-that youinavigLUM all the standards, but at least yarknow what they are. If a development meets the fire standards. It can proceed, Licunftyaficablbtebc • ( 1 I I '1 ; I t/ i 1 1 I ' �Y� ri ,1 , I � I , � I � a t 11, 1L`' The following is a list of questions developed by a subgroup of the Citizen Involvement Team. These questions are intended to aid you in formulating your own questions for proposed development in your area: Feel free to ask more or alter the questions to address your own unique concerns and interests. MEM • What applications are you (the developer) ft? for? When do you expect to submit the �� �(s) so that neighbors can review ft? What changes or additions are expected prior to • Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission or City Council? How long is the process? (tiring)/ • At what point in the process are citizens given notice and the opportunity to provide input? • Has a pre-application conference been held with City of Tigard Staff? ✓ Have any preliminary requirements been addressed or have any critical issues been identified? ✓ What City Pled you speak with regarding this project? �is person is generally the Planner. assigned to the land use case and•the one to contact for additional information 10E03 there be a traffic study done? What are the preliminary traffic impacts anticipated as a result of the evelopment and how do you propose to mitigate the impacts if necessary? • What street improvements (including sidewalks) are proposed? What connections to existing streets are proposed? . . • Are streets proposed to be public or private? What are the proposed street and sidewalk widths? • What are the emergency access requirements and what is proposed to meet those requirements? MEGAN DEW • What is the current zoning? What uses are allowed under this zoning? • Will there be a re-zone requested by the developer?If yes, to what zone? • • •How many units are proposed for the development and what is the minimum and maximum density allowed in the zone? DOGE ANB WATER OUALI T • What is erosion control and drainage plan What is the natural slope of the property? What are the gr plans? • Is there a water y fa planned within the development and where wi it be located? Who will own and maintain the fad�l •JIDJAIAMfi • .dtrat are the tree removal plans and what is proposed to mitigate for trees removed? • What are the landscaping plans? What buffering or fencing is required and/or proposed? .. : .. . ' . 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I, El.-12_,AZETIA ZonzA ,being duly sworn,depose and say that on the Z .day of ..AAggi___, 20_05,I caused to have mailed to each of the , - .. - on the d f_,..- a notice eta 1 ,,_.., . to discuss a proposed development at(or --:, - • Ir• — •1 s■ atAre a.i.tILL.A4-1- _..4.• a copy of which notice so marled Is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were ctasIted on the data indicated above in the United States Post Office located at 7Cii( irt q100 SU%) OAK. '‘-- . with postage prepaid thereon. • • • . . . • - , / - _.. • . / =--, , /7 Ai) ./ //' /— /Z.1 //: , 0,—./ ',.. . -.a gnatute , ceofa 7— 1 • ,- — - POSTING: 1, .3ovim itilloszcavec , do affirm that I am (represent) the party initialing interest In a Praixised 41D14- or P-U-D- . affecting,'" ii„. iccaied.pita...,fta: dn-37001ocation(s) F no ress(s)and/or •V)lot(4..$)currently •.), . l' t " B 0•74-A-14,56111/44/4-)i-3-4-4-/i • did on the 42 day of ifiriTsQ11 ,20 • personally post notice inclicafing that the sae may be purposed for a U) 1- "- -' application,and the Urns,date and place eta neighborhood meeting to cliscuss the proposal. The sign was posted at_I 10 S -4' ) . - 1, ----TPr•g• ) MON) WEST 0. TIL-114T • (state location you postedWofice on property) - ■ if aq,IV 41k '401 Signature (In the pftlCa •' Howl(Public) (THIS SECTION FOR A STATE OF OREGON NOTARY PUBLIC TO COMPLMEINOTARIZE) STATE OF Ott' it ) • County of . 1k , ) s3. lk . Subscribed and merorn/aftimsed before me on the N\ day of )\.Z4iNOA ,20 . . . - • i rms. OFFICIAL SEAL 103.LY ANDERSON \:,, , NOTNIY MUD-O.O REGON -1 COMMISSION N356943 I\ ,1 caN • MY COMMISSION RES IV AFS.iti,2008 (...,--,--_---------------------------.....-..._------,_—_----------------_--- NOT ' 4 - OF 75 ti 2cntii, *„,-,on • i _ . Applicant,please completethe kdonnation below: NNE OF PROJECT OR PROPOSED OBIB.DPI. =LM";- VET -AS ( / 4trAIM. TYPE OF PROPOSED°Evan/weir; P.O.D. Addmss or Gensod Ls:aloe of&Ned . &died Pooped,Tax liapfs)and Lot li(sTIPM%..-ItZli — cn - . • kaierompuoiromunesorepomeaostioduamme.430 • , 110 • NEIGHBORHOOD MEETING SIGN-IN SHEET � II„ I I III I r �! ';, l I � 4 .,l l l �? I r p i t s,l 1 ) Cr � �� i 7 01'14 n' rs;i � �� ,.' , r-:! fr\{ Ild' 1 , I I - li t. 1 I i t }„ �It r r jyf . r {�tl•5 I 1 !s ) r 1, I ) i I M1 ,r � 1 , n 1 + ' /?- ) t l �f��l I , : . h I, .I,. ,I. . r•. .,r.:.,,.,.. I. I .. r... ,... .� ,,,..,,h. .. �....I...S i.Lr: t.,,.!a.,,i_.n ci1V� !L I.4�a°,?2 W_� i % « A • coon 5W 6 ? • 50 Lr CM ► O, 22 _� �.. , ■,' ,�� �• 0 ' ,..... o•-41.- •p I 1.!1_.' •. •a as._ ! ` nr � . :I' ..Vii...;/_. lJ.L.— /�r�-► ? .{.t.� ' I. I 1�.II �/.5-^ o`'0 Cr IV /P�/ r r /r `��. 7/-I' . . . ' Or - 721 • . F.07/01.41.0.1D7TWP.016_ . _ , _ ...,ilirallIEWrill1111111 mi /Py�.. ✓�r 3 / ,� Q5 .1 G'cn ' Y• CP a.'? _ _ --Tc.....-s ‘="tiT - =_ '9-7 Z.Z.3 D., • Rigs /l l z q SW 0" ;All) r 44.e! - _ Z • Iq 7 0.1._�:1I . 1ir / a i �l 1�1 ► I P ::�_.71 WfQ.al ..` _ 10 .gal_ • AID _ . �'>,cv1:..a_- 64,111,1111' l/t q. o N o iT fl a7 � 7-f�- • A. ° OLa_ DATE:A•rII 20,2005 PROJECT: 1.1970- 11060 North Dakota Street subdivision 402-026 • • : aIpha COMMUNITY DEVELOPMENT Venture North Dakota Subdivision Neighborhood Meeting Notes April 20, 2005 Location: City of Tigard Water District Building Meeting called to order at 7:00 p.m. Presenters-John Marquart (JM), Alpha Community Development Jeff Vanderdasson (JV), Alpha Community Development Wendy Hemmen (WH), Venture Properties JM read the City of Tigard prepared statement required for neighborhood meetings. He then gave a brief presentation of the 22-lot subdivision plan. This presentation included a discussion of the lot count, average lot sizes, required minimum size, setback requirements, utility layout, street improvements, grading plan, and other general site and project characteristics. JM then gave a similar presentation for a 24-unit Planned • Unit Development for the same site, which includes 2 open space/tree preservation tracts. The meeting was then opened for questions from the audience. Question: What are the limits of paving on North-Dakota? (JV): Full half-street improvement along the entire frontage, then tapering to the existing edge of pavement. Question: How does proposed intersection of SW 110th and SW North Dakota line up with properties on the north side of SW North Dakota? (JV): As directed by city staff, the intersection will line up as closely as practical with the church access across the street. Question: What street improvements are required? Any improvements to the sidewalk system on the north side of North Dakota? The railroad crossing? The intersection of North Dakota and Tiedemen? (JV): We are only required to construct improvements on our frontage. • Plaza west—Suite 230-9600 SW oak—Pond—Oregon 97223 office 503 4524003—Fax 503 4524043 www.aIphaoommmny.com • • a h • a COMMUNITY DEVELOPMENT Question: How do we lobby for additional safety improvements? (WH): Traffic impact fees are collected at the time of building permits by the city. Fees go into a fund dedicated to safety improvements. Contact city with concerns. Question: Who is the builder? (WH): Don Morrissette Homes. Question: Price range of homes? (WH): $350k-$450k. Question: Owner of property 1 S 134DC TL 9000 asked about his existing fence encroachment onto our property? Acknowledged that he built fence without property corners for reference and acknowledged he knew of the encroachment at the time of construction. (WH): Venture properties will contact him directly to discuss remedy. • Question: Any trees left at rear lot line of lots 10-12, under the subdivision alternative? (WH): It appears that none will be saved, efforts will be made to _ save if possible. Question: What is the difference between PD and Subdivision process? (WH & JV): Subdivision is a type 2 process involving staff review and approval by the director. PD goes before the planning commission. Subdivision application is more straightforward and can be reviewed more quickly, PD has more unknowns with no guarantees of how PC will rule. Question: Will hedges stay on southeast property line? (WH): If possible. Applicant recognizes benefits as additional buffer. Question: Concerned with private street adjacent to existing lot (west of lot 7, subdivision alternative). (WH): We are concerned also, prefer PD plan. • Question: Will traffic study be required? Plaza west—fie 230—9600 SW oat—Portland—Oregon 97223 Office 503 452.8003—Fa:503 4524043 www.alphaeutomenity.com alp6aoommenity.com • •• alpha • u COMMUNITY DEVELOPMENT (JM): Initial city indications are that study is not required. Question: Tree Mitigation Plan required? (WH & JV): Yes,will be based on arborist report. Question: Possible to build sidewalks on north side of North Dakota and fill in existing gaps? (JV): City requires sidewalk on frontage only. Question: Challenged Alpha Community Development to "sharpen penal" and maximize community benefits? (JV): We will. Question: Will developer replace fence on north side of southwest open space? (WH): If necessary. Question: Who is the builder? (WH): Don Morrissette Homes. Question: Concerned with 50' lots? (WH): Will still be only two-story max. building heights. Question: Will undergrowth in open space tracts be cleaned out? (JV): Yes. Question: Will open space be open to community? (WH): City may be interested in open space dedication to public post development. Question: Timeline for development? (WH): likely to begin construction March 2006. Question: Will accesses remain open on North Dakota during construction? (JV): Yes, minimum one lane at all times. Question: How do we make our voice heard with concerns about • traffic? Favor PD plan. Pima west—sue 230—9600 SW Oak—Portland—Oregon 97223 Office 503 45 .8003—Fax 503 4524043 warw.alphacemamnity.00m • • • aIpha COMMUNITY DEVELOPMENT (WH & JV): Contact city with concerns.Testify before planning commission in support of PD. Summary of main concerns: 1. Traffic on SW North Dakota. 2. Consensus that group favored PD plan. 3. Save as many trees as possible. Meeting ended at approximately 8:30 pm • • Plaza west—Suite 230-9600 SW ak—Perdand—Oregon 97223 Office 503 4328003—Fa 303 452-8043 www.alphscammunity.com 07/11/2005 16:46 FATCO 1700 RM 104 3 5034528043 NO.682 0002 • • Subdivirion Guarantee Guarantee No.:7034.628318 • Page i of 6 s t A"E•, FastAraefican Titre Lesuwanae Company of Oregon �,y 222 SW Columbia Street,Suite 400 • • First American X03 2 • �'� Fax•(503)790-7858 SUBDIVISION GUARANTEE For the Proposed Plat of: - GUARANTEE NO.: 7034628318 FEE $ 0 .YOUR REF.: First American Me Insurance Company ofOregon • reports to The Oregon Real Estate Commission,and any County or City within which said subdivision or proposed • subdivision is located. That, according to the public records which impart constructive notice or matters affecting title to the premises hereinafter referred to,we find: That the last deed of record runs to: Brent Espy,also known as Brent E. Espy,and Georgia Espy,also latown as Georgia L Espy, as tenants by the entirety as to Parcels I and II and William Mason Jabs,and/or his successor(s) in trust,as Trustee of the William Mason 3abs Living Trust as to Parcels III and IV We also find the following apparent encumbrances,which includes"Blanlort Encumbrances"as defined by ORS 92.305(1), and also easements, restrictive covenants and rights of way prior to the effective date hereof: 1. Taxes for the fiscal year 2005-2006 a lien due, but not yet payable. 2. Taxes for the year 2004-2005 Tax Amount $ 2,185.23 Unpaid Balance: $ 2,185.23, plus interest and penalties, if any Code No.: 023.74 Map&Tax Lot No.: 1S1W34OB-03400 • • Property ID No.: R269505 (Affects Parcel U) • 3. Ott ins,if any,of the city of Tigard. Rat Americo 7 07/11/2005 16:46 FATCO 1700 RM 104 4 5034528043 NO.682 D003 • • Subdivision Guarantee Guarantee No.:7034-628318 • Page 2of6 Note: There are no liens as of July 8,2005. All outstanding utility and user fees are not liens and therefore are exduded from coverage. 4. Statutory powers and assessments of Clean Water Services. 5. The rights of the pubic in and to that portion of the premises herein described lying within the limits of streets,roads and highways. • 6. Deed of Trust and the terms and conditions thereof. Loan No.: 32112213 Grantor/Trustor: Brent Espy and Georgia Espy Grantee/Benefidary: U.S. Bancorp Mortgage Company Trustee: U.S. Bank of Washington, National Association Amount: $110,823.00 Dated: January 3, 1994 Recorded: January 10, 1994 Recording Information: 94002575 (Affects Parcel I) The beneficial interest under said Deed of Trust has been assigned to Mellon Mortgage Company, by Assignment recorded October 17, 1994, as Instrument No. 94094706 . • • 110 7. Deed of Trust and'the tennis and conditions thereof. loan No.: RE-17647 • • Grarttor/Trustor. William M.Jabs Grantee/Beneficiary: Mortgage Electronic Systems, Inc. acting solely as nominee for Centennial Mortgage Co., an Oregon-Corporation, its successors and assigns Trustee: First American Title Insurance Company of Oregon Amount $200,000.00 • Dated: January 31,2000 Recorded: February 4, 2000 Recording Information: 2000-008806 (Affects Parcels III and IV) 8. Line of Credit Trust Deed,including the terms and provisions thereof, Pen to secure an indebtedness of up to$75;000.00 Grantor: Brent Espy and Georgia L Espy,whom aquired title as Georgia . Espy,as tenants by the entirety Bury: Portland leathers Credd Union Trustee: Peter C. McCord Dated: August 11,2004 Recorded: August 12, 2003 Recording Information: 2003-134724 • (Affects Parcel I) FestAmerltan 7 07/11/2005 16:46 FATCO 1700 RM 104 + 5034528043 NO.682 0004 • • Sinn Guarantee Guarantee No.:7034-628118 • Page 3of6 9. Deed of Trust and the terms and conditions thereof. Loan No.: 95102270-W - Grantor/Tnisbor: Brent E. Espy and Georgia L Espy Grantee/Beneficiary: GN Mortgage Corporation, a Wisconsin Corporation Trustee: Regional Trustee Services Corporation Amount $97,800.00 Dated: July 13, 1995 Recorded: July 24, 1995 Recording Information: 95050871 (Affects Parcel II) The beneficial interest under said Deed of Trust has been assigned to Washington Mutual Home Loans,Inc., by Assignment recorded July 10,2001,as Instrument No. 2001-067309. 10. In order to insure a transaction involving the herein named trust, we will need to be provided a • Certification of Trust pursuant to ORS 128.232 through ORS 128.246. We have also searched our General Index for Judgments and State and Federal liens against the Grantee named above and find: -NONE- • NOTE: Taxes for the year 2004-2005 PAID IN FULL • Tax Amount: $1,945.17 Map No.: 1513408-03300 Property ID: R269499 Tax Code No.: - 023.74 (Affects Parcel I) NOTE: Tans for the year 2004-2005 PAID IN FULL Tax Amount: $521.29 . . Map No.: • ..1513408-03500 •0 • Property ID: R269523 Tax Code No.: 023.74 • (Affects Parcel III) NOTE: Taxes for the year 2004-2005 PAID IN FULL Tax Amount 3,115.07 Map No.: 15L3406-03700 Property ID: r269756 Tax Code No.: 023.74 (Affects Parcel N) 41) The premises are in Washington County and are described as follows: PARCEL I: • • Commencing 16 chains and 46 Unis East of the Northwest corner of the John L. Hiddand D.LC, the.place of beginning;thence East 1 chain and 651/8 links; thence South 7 chains and 551/2 FrstAmetn Airs • 07/112005 16:46 FATCO 1700 RM 104 4 5034528043 NO.682 13005 • • Subdivision Guarantee Guarantee No.:7034-628318 • page 4 of 6 links;thence West 1 chain and 651/8 links; thence North 7 chains and 571/2 links to the place of beginning. EXCEPTING portion conveyed to John Johanson and Hazel Johanson by Deed recorded in Book 294, page 507, Deed Records on April 27, 1949. ALSO EXCEPTING that portion described in Warranty Deed from Adeline Slny, grantor, to Julian G.Torland and Mary S.Torland,grantee, recorded April 7, 1978, Fee No. 7816127,more particularly described as follows: A portion of the Southeast one-quarter of Section 34,Township 1 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon,described as follows: Beginning at a point on the South tine of North Dakota Street being South 20 feet and East 6 feet from the Northwest corner of that tract of land conveyed to Victor Silny,at ux, by Deed recorded in Book 426, page 748,Washington County Deed Records;thence Southwesterly 374 feet, more or less,to the Southwest comer of said Siny tract;thence North along the West line of said Silny tract,372 feet, more or less,to the South line of North Dakota Street;thence East along said South line,6 feet to the point of beginning. PARCEL II: • Beginning at a point on the North line of the John Middin Donation land Claim No.54, in Section 34,Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, 18 chains 111/8 links(1,195.35 feet)East of the Northwest corner of said • daim,said beginning point being the Northwest corner of that certain 11.0 acre tract of land conveyed to John H.Johanson by deed recorded in Book 197,page.274, Deed Records of Washington County, Oregon;'and from which beginning point an iron pipe bears South 0°09' East MO feet; running thence South 89°36'East along the North line of the said Hiddin Claim 128.1 feet to a point;thence South 0°09'East parallel with the monumenbed West line of the said Johanson tract 340 feet to a point;thence North 89°36'West parallel with said Claim line 128.1 feet to a point of the West line of said Johanson Tract; thence North 0009'West along said West line, a distance of 340 feet to the place of beginning. Parcel III: • • Froth ruler 77 07,11/2005 16:46 FATCO 1700 AM 104 4 5034528043 NO.682 0006 • • SubdIston Guarantee Guarantee No.:7034-628318 Page 581'6 Beginning at an iron bar in the county road on the North line of the John L. Hiddin Donation Land Claim No. 54 in Section 34,Township 1 South,Range 1 West,of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, South 89°36'East 23.065 chains from the Northwest corner thereof, and which iron bar is the Northeast corner of that certain tract of land conveyed to John H.Johanson and wife be Deed recorded in Book 197, page 274, Washington County, Oregon, Deed Records; and running thence North 89°36'West,along the North line of the Hiddin Claim, 25.0 feet; running thence South 0°03'East,along a One parallel to and 25.0 feet West of the East line of the Johanson tract for a distance of 245.35 feet to an iron rod at the Southeast corner of that certain tract of land conveyed to Dale D. Miller by deed recorded in Book 381, page 91, said Deed Records,and which iron rod is the true point of beginning of the hereafter described tract of land; beginning thence from said true point of beginning,North 89°36'West 174.7 feet to an iron at the Southwest corner of the Miller tract; running thence South 0°07' East 91.65 feet to an iron at the Southeast corner of that certain tract of land conveyed to Kay W. L vingston and wife by deed recorded in Book 346, page 664, said Deed Records; running thence North 89°36'West 128.1 feet to an iron at the Southwest corner of the Livingston tract; running thence South 0°07 East S1 feet to an iron at the Northeast corner of that tract conveyed to John H.Johanson and wife by deed recorded in Book 294,page 507,said Deed Records; running thence North 89°36' West 109.1 feet to an iron at the Northwest corner of that last-mentioned Johanson try running thence South 0°07 East 109 _ feet to an iron pipe at the Southwest corner of the last mentioned Johanson tract; running' • thence North 89°49'West 195.2 feet to an iron pipe at the most Westerly Northwest carver of the Johanson tract described in Book 197, page 274,said Deed Records; running-thence South • 0°03'West 120.1 feet to an iron pipe at the Northwest corner of that certain tract of land conveyed to Esther M.Johnson by deed recorded in Book 251, page 217,said Deed Records; running thence South 89°47 East,along the North line of the Johnson tract, for a distance of 441.9 feet to an iron rod set North 89°47 West 190 feet from the Northeast corner thereof; running thence North 0°03'West,on a line parallel to the East line of the last above noted Johanson tract for a distance of 210 feet to an iron rod; running thence South 89°47 East 165 feet to an iron rod North 89°47'West 25 feet from the East line of the last above noted Johanson track running thence North 0°03'West 160.45 feet to the true point of beginning. Also the Westerly 25 feet of the Mowing described tract: Beginning at an iron bar in the County Road and on the North line of the John L Hidden Donation Land Claim No. 54, in Section 24,Township 1 South, Range 1 West,of the Willamette Meridiem, in the City of Tigard, County of Washington and State of Oregon,and South 89°36' East 23.065 chains froitl the Northwest corner of said John 1. Hidden Donation Land Claim and which iron bar is the Northeast corner of that certain tract of land conveyed to John H.Johanson and.Hazel S. Johanson by deed retailed in Book.197, page 274,Washington County,Oregon,Deed Records; and running thence from said iron bar North 89°36'West 25.0 feet to the Northeast corner and true point of beginning of the hereafter described tract of land; running thence from the true point of beginning, South MY West,on a line parallel to the East One of the above noted Johanson tract,for a distance of 24835 feet to a point;running thence North 89°36'West, on a One parallel to the North fare of the said John L Mat Donation Land Claim for a dunce of 175.8 feet to a point on the East line of that certain tract of land conveyed to Kay W.and Bessie E. Lrvn>gstoni by deed recorded in Book 346,page 664,said Deed Records;thence North 0°09' West,along the East line of the Levin gs on tract,for a distance of 248.35 feet to the Northeast • corner thereof,on the North line of the John L lidcrin Donation Land Cairn; running thenice South 89°36'East 175 feet to the true place of beginning. Parcel IV: fist Amyl=7 • . - . 07/112005 16:46 FATCO 1700 RM 104 3 5034528043 NO.682 0007 • • Subdivision Guarantee Guarantee No.:7034428318 • Page 6 of 6 A parcel of land in the John L Hiddin Donation Land Claim No.54,in the Southeast quarter of • Section 34,Township 1 South, Range 1 West, of the Willamette Meridian,in the City of Tigard, County of Washington and State of Oregon, being the Westerly 100 feet of the following described tract: Commencing at an iron bar in the County Road and the North line of the John L Hiddin DLC, South 89°36'East 23.065 chains from the Northwest corner of said John L Hiddin DLC and which iron bar is the Northeast corner of that certain tract of land conveyed to John H.Johanson and Hazel S.Johanson be deed recorded in Book 197, page 274,Washington County,Oregon, Deed Records; running thence from said iron bar North 89°36'West 25.0 feet to the Northeast corner and true point of beginning of the hereafter described tract of land; running thence from the true point of beginning South 0°02'West on a line parallel with the East line of the above noted Johanson tract for a distance of 248.35 feet to a point; running thence North 89°36'West on a line parallel with the North line of the said John L Hiddin DLC for a distance of 175.8 Beet to a point on the East line of that certain tract of land conveyed to Kay W. and Bessie E. Livingston by deed recorded in Book 346, page 664,said Deed Records; thence North 0°09'West along the East line of the Livingston tract for a distance of 248.35 feet to the Northeast corner thereof on the North One of the John L Hiddin DLC; running thence South 89°36' East 175 feet to the point of beginning. Excepting therefrom the Westerly 25 feet thereof. • THIS IS NOT A TITLE GUARANTEE since no examination has been made of the title to the above desoibed property. Our search for apparent encumbrances was limited to our Tract Indices and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with this Subdivision Report and will _ _ __ not be responsible for errors or omissions therein. Dated:June 29, 2005 First American Title Insurance Company.of Oregon, • lMi , orized Signatory MkVMDM •• Rat*rafts')Top 07/112005 16:46 FATCO 1700 RM 104 4 5034528043 NO.682 0008 • • 4 PKFi♦ ♦5 __c°¢ First American Title Insurance Company of Oregon = An aanmadbusoxss name of i'JrtLE INSURANCE COMPANY Of OREGON .:., /_ This mop irprovidsd as a convenience in locaongpopmly First American Talc Leawmnce Company assumes no&abrlt0yfor any variations as may be&closed by an armed survey Reference Parcel Number 1 S 134DB•03300 03y00 03500,03700 � pb048M1 �-- - ' .i=d��'0 6i RiH LINE JOHN L•HICIQLIW OL 54 o i -a% -44 i a STREET \\\b\\\\ \\\\ve•\\\\\\\\\\i\ - ti r Sa80~ 1084:8 10Y t0 118.10 76.00 76A0 , • • ••, • • .( a < •)� i:�Sr�(L1 ,,S 3100 / • , • ' : W • ,�• ,•• T• .37 AC 7300 $ ; z' 'Qr• 3500 '• • 11 8 $ 3600 °Qq' ;; '�• O P• of .39 PC R� .38 ac 0 t0 ;4•'•�t• •i4 /A• O ��/� a iii t S ' 1 t,• 34 r. « • • •• ,�•• ,'•• • 3300 i$ v -• t .94/YC v .• • : mac i * BiO0 ,. r- at= • '>• •,,,,,i .,�j • •'8 • •.\113,4_' Ilk 0 a 7100 s 7200 -= 7i�ao 7 ' :1844OA' , 8 ti 8 9 g 10 . • '' • • . as . • •A• ,4• ,}C. f Se-_ s 7i -- 80.00 aaoo - -—- - ''s• •1StaWIL• 'Y F SW TOR > ;:.•'•;�°°-s,-'•• c STREET g • r •3" ' 7Z60 72.211 a oom - •'• •e '• ti A /i wMwW�1 . ,-♦•'ow• ,' ♦• • ' J • 4 < ' $ 6800 ° 8900 58047008 ,•'Q,_ R 6 $ 7 • C 7 3700 .•r $ II 1 235 PC , ' .,.. .A• •• •.• I 0 3800 . S L16AC ♦ t •`• •• • • - • - • • • • • • ,^• 431947.00E %.*: % ' r_ A. • .1-. , • • •_, • • -1: v - '•t' ••• •ice, • ,A••.„ ,1• • ,. • , • • • •^• ,4 • ,.. • f• 73,4• ,'•• • -11-: • • • •`:s.t ,v •t• • • . • , /,�••,� • 5%�ItelS1be ,i' i •• . • • ' • _ lads •701 . •• • • „ • • •„.• • • , . • • • rommil AP R 1 1 2005 APR Q 4 2005 as�ean� Services - - : Our commitment is clear. By Number Sensitive Area Pre-Screening Site Assessment Jurisdiction GIB -ncusi a Date 3 Map&Tax Lot IS( 33ob 3932Dwner xl . .;rte C1I TLT�'ES Site Address SiM t cg na bAr.0171Conlact 104 NUTZGLOLIZto. Proposed Activity 22• _ SoBbS,VtSV dress ALPO. CoN[l N VETt Pu?tc stm=t- s o sr. STZZ3 n 52• 3 Oral use anly below this One NA Y N NA Y❑ N ❑ Sensitive Area Composite Map ❑ ❑ ® Stormwater Infrastructure maps M a p# /51e47 QS#, w. i a NA Y N NA ❑ ❑ Locally adopted adopted studies or maps 0 ❑ other 1111 Specify - Spy/ Based on a review of the above infonnatlan and the requirements.of Clean Water Services Design and Construction Standards Resolution and Order No.! 0 y u ❑ SensiSve areas potentially exist on site or within 200'of the site.THE APPLICANT MUST PERFORM A SITE CERTIF1CATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT.If Sensitive Areas exist on the site or wISdn 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. Sensitiye areas do not appear to exist on site or wittdn 200'of the site.This pm- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensithm areas If they are discovered on ur _ . ❑ The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. piEt,'IWPOI( 1i !iI • Date: +/ d 3 Reviewed By: �� /3/ Kelly of r Applio at M l.1 Fax Cauasder 155 N list Avenue.Stn 210•Hillsboro.Oregon 97124 Dots r{f VD s li Rio= (503)8464621•Roc (503)848-3525 • • 111 IMPACT STATEMENT For Venture Dakota Subdivision ose The purpose of this Impact Study is to review existing public facilities and address any proposed modifications that will help mitigate the proportionate project impacts that will likely occur as a result of development. Some of the necessary facilities to serve this site are currently in place in SW North Dakota Street Road and SW Torland Street Additional needed services will be provided by new construction within the site. The transportation,storm water, sanitary,water and private utility systems are or will be available and adequate in the immediate vicinity of the site. Transnortatiun System SW 110th Place will serve as the subdivision's sole access. When completed,this street will provide direct access from the Venture Dakota subdivision to SW North Dakota Street,a minor collector,to the north and link to the existing transportation network. IIISW 110th Place will be constructed to City of Tigard standards as illustrated on the plans with 32' of pavement, 6" curbs, 3' planter strips (measured from back of curb) and 5' sidewalks in a 50' overall right-of-way. Parking will be permitted on both sides of this public street. The private streets will be constructed to City standards for private streets with 30' of width and 24' of pavement. The alley serving lots 1-4 will be constructed to _ - City standards for private streets with 20' of width and 20' of pavement Right of way dedication and half-street improvements on SW North Dakota Street will also be constructed to City of Tigard standards throughout the length and depth of the subdivision. Drainage Systems Storm drainage will be collected via a piped system in the public and private streets. Stormwater will be treated by a Stormwater Management vault located at the intersection of SW North Dakota Street and SW 110th Place. Detention will be provided with an underground piped system located within the SW North Dakota right of way. Sanitary Sewer System Sanitary sewer service will be provided to all lots via a newly installed fine, which runs • through the public private streets. • • • Water Systems Domestic water service will be provided to all lots via individual service connections to a newly installed water line in SW 110th Pl ace, which is proposed to connect with an existing 12" main in SW North Dakota Street The system will be looped with the existing system that currently dead ends at the easterly terminus of SW Toreland Street Noise Impacts No negative noise impacts are anticipated as a result of this subdivision. Noise levels generated would be typical of a small single-family neighborhood. Parks System This project does not provide for open space or neighborhood parks. However,the Fanno Creek Trail located to the east provides recreational opportunities for the residents of this subdivision. Additionally, the City of Tigard maintains several parks within walking distance of the site such as Windmill Park,Woodard Park and Jack Park. Jeff Vanderdasson,P.E. • Alpha Community Development,Project Manager 014714' _ _ _ 14s, OG 16,723 ' a , OREGON 1 tty20 X40 + • • • • 4141ph1Q COMMUNITY DEVELOPM ENT INTERSECTION SIGHT DISTANCE CERTIFICATION Date:April 25,2005 TIGARD,OREGON Engineering Division 13125 SW Hall Blvd Tigard, Oregon 97223 RE: Proposed Venture Dakota Subdivision—Preliminary Sight Distance Certificate The access for this proposal is located 200 feet east of the site's west property line,onto • SW North Dakota Street The speed limit along SW North Dakota Street is 35 M.P.H., based upon the posted speed limit,requiring 350 feet of sight distance in both directions. As required by code,sight distance from the proposed access was measured to be 650 feet to the west of the proposed intersection in one direction and 700 feet to the east of the access in the other direction. These Code Sections respectively require that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road;and be assumed to be 10 feet from the near edge of pavement to the front of a stopped vehicle. (Actual measurement is taken 15 feet from pavement edge). In conclusion,I hereby certify that the preliminary intersection sight distance at the E proposed access for Venture Dakota Subdivision conforms to the requirements for sight distance as set in the Tigard Development Code. r Alpha Community Development e= Pilikfr E cW 16,723 OREGON CL Ir k 20 ts% • ` PIItt%,- Renews 6-30-06 a Plailst.Spa aci.9ioosrOak WINK Ong=WM f/Z E t.K 1. Y w X02 /'r1 C C rrn di) ITAL. /AiPe-A0a4S £a , sTT/,i-L T = YS, S o Sf Loi~S = 22€ 26yo = SEI °8d -7GT7tL = /$3, 65/0 5 1,14 o I, timg (0, 36 "/X. /0 3/644 s f 1 / 2Y 3/© R c-r \A./C1 "C.0 c,.1 = 3 /aq c -� 1512 Z c-FS / yffoo c. DE_T i /WE st f 5104 M'F< <-1 colt rrl 1064S `_ (0.z'L 1Sx%"(1 ii bt//i fr /5-7,./cfret.r) CAqkg- • NOF PR JECI ✓ ,Jrv/tE DA-KO TA caaESrr. joy: Yo 2 -c121 DESIGNER.- DATE: PAGEa: AEI • Plaza West,Spite 230 • 9600 SW Oak • Portland.Oregon 97223 • teL 503.452.8003 • fit. 503.452.8043 • IDSelecting and Sizing your StormFilter Precast StormFilter IF. .1. : '';AL_. ' aauEt eve rmas,oe rImFJ � ll` . 6'x12' PRECASi SiOR&Q1LiER'— PLAN.VW 0 Solt azs Overview Once in the filtration bay,the st i mwater The Precast StannFilter can consist of one begins to pond and percolate tu3dzontally or more precast vaults ranging through the media contained in the star from 8518'to 8'XIO'in size. Time units treat cartddges. After passing dutiugh the media, peak water quality design flows up to 2.0 treated water that has collected in the • c . .Precast units can be placed in series or cartridge center tube is directed into the In parallel to heat higher lows if needed. outlet bay by an underudrain manifold. The The Precast units have an intend bypass treated Water in the outlet bay is then capably of22 ds. If peak doers to the discharged through the single outlet pipe. system exceed 22 de,a high low bypass is ___ needed. See the StonnGate'sedlanforfor Applications more information. The Precast StomtFitter can be used far the-- Typically,a Precast StormFilter is installed following Opications: online with the storm system. It can be • Parking lab instated*Oh a trafibbearirg lid for pealing • RoadWays tot appiaatona,and It takes Up no land area. • Reddential developments • RebdUcamierdel developments However,if detention,prekeatment,or • Busktessibidtabial ales bypassing is readuied,the der can • Maintermrroe fadities be itstaled cline tithe slam system. For eoaen plea of pail*cline Stir mlgler Special Corisiderations stonwe ledns,see our web site e a When designing the Precast SlonnFliter into Your widen.You should consider the Design°Mad= totlawhap The typical precast StomtFIler unit is • The bass elite Precast Stomfilter composed dives bays the fret bey,the should dwaya be set level. finnan bey,and the outlet beg/. • The single or ser es precast urns should Bloat elerhstere=the Sic J lter vault maintain 2.3 feet of*op horn the invert of and the fret bey*rough the lust pips The the inlet to the ieaert of lie outlet shoenreier is then directed through a Aar • blormwal r Management_*commends a • the abaft bay Ad treatment. The low mailman d4.5 bet of headnrom mile spreader in the itiet bay acts as a bale, wad Sir ntalatertsrtos looses. trapping some Iodates ail►and surfs* • Four greater then 12 feet,contact saint as fir alone aeler it dheded towards Siormaater Management forinionnatlon the iatlon bar. on addling(wart ma dr emenls. T 800.548.4667 F 800361.1271 W stormwaterinc.com SF-37 • • Selecting and Sizing your StormFliter Sizing the Precast StormFilter To determine the size of your Precast Storm Filter 1. Determine the number of cartridges required to treat your water quality flow rate. See' nining the number of Storm Filter cartridges°for instructions on how to calculate this value. 2. Late the number of cartridges in the Precast Storm Mar sizing table below. 3. Use the corresponding StormFdter size. Note:Availability of vault dimensions may vary with region. Contact the Stormwater Management Engineering Department to verify the dimensions awe in your area. Table 5. Precast StcrmFdter vault sees StommFiiter Size Number of Cartridges Normal Exterior Footprint Width Length 6x8 1 to 6 .7 9 6x12 6 to 11 7 13 • 8x16 12 to 26 9 17 8x18 b 26 to 33 9 19 6x12/8x16 26 to 44 9 35' 8x161 8x16--- — - --- -45 to 59___ . 9 39° 8x18'/8x18' 60 to 66 9 434 a MOWS 5'batmen units. b Chdy available on the East ct • SF-38 T 800.548.4667 F 800.561.1271 W stormwaterinc.com • • • Base Flow Bypass cas Hoz5 •• ' INLET PIPE WEE Non g0 PEON CONCEDE iffilMiiiiiiiiiiiNWAII!! 111M77577;7/,-_ `. -,o- A A 1711 X11:!%.' ;i%i I=•:%'II/;'i ,:%i/,;I 'i:- A IIH=!i.i � 1:Mira I •7111 ,i- 't .. = fig`• ..,,,2tl a,-' -_ • •. •. • 4• s . • 4. • III 6'x12' PRECAST STORMFILTER"— PLAN VIEW 41131 Me NX.S - - 3-31ES WPM off-\ etc -- ►.1.;,;1:/.I-1 I . . . :o,�_: ` .'' V.V*It°%-s=1-.---- -- • I E :i• i I �; I • �IIi• LI I ILI 11111 r .i. f• �� 1 iI ,< *., WIIINILD (WP): -MEW assrAns - � ow" 6'x12' PRECAST STORMFILTER"— SECTION A=A A—A MO LTA I ID Ftgure 2. Example of a passive,autoinatic,Base Roar Bypass device installed in a Precast SlormFIer unit OP-4 T 800.548.4667 F 800.561.1271 W stormwaterinc.com - • • • k;- alpha COMMUNITY DEVELOPMENT DAKOTA GLEN PLANNED DEVELOPMENT WATER QUALITY AND DETENTION ANALYSIS JOB# 402-026 DATE: 6/23/05 BY: PRE CHECKED BY: JAV Prepared By: Alpha Community Development 9600 SW Oak, Suite 230 Portland, OR 97223 Tele: 452-8003 • • TABLE OF CONTENTS: Introduction Site Description and Location Methodology Results Water Quality Conclusion Appendix A Soil Features SCS Curve Numbers Manning's "n" Values Impervious Area Calculations Composite Curve Numbers Appendix B Pre-Developed lime of Concentration Developed lime of Concentration • Appendix C Pre-Developed Hydrograph Return Period Recap (2, 10, 25) Developed Hydrograph Return Period Recap (2, 10, 25) Appendix D Reservoir Report (Detention Pipe) Appendix E Existing Shed Map Developed Shed Map Soil Survey Map • 2 • • • INTRODUCTION As land is developed, stormwater runoff and pollutant levels in the runoff are increased. To minimize the effect of this change in surface conditions, stormwater facilities provided with new development are designed to convey, treat and release the runoff at rates and quality levels that minimize damage to the environment and the existing conveyance system. A conveyance system includes all portions of the surface water system, either natural or man-made, that transport storm and surface water runoff. This report represents the analysis done for the Dakota Glen Planned Development for water quality and detention facilities to show compliance with City of Tigard/Clean Water Services standards. It delineates areas and sizes for on-site water quality and detention facilities. All calculations and supporting figures are included with this document. This report will identify the pre-development and developed runoff rates on-site during the 2, 10, and 25-yr storm events. • SITE DESCRIPTION AND LOCATION The proposed Dakota Glen Planned Development is located on tax lots 3300, 3400, 3500, and 3700 of Washington County Tax Map 1 S1 W34. The proposal is to develop a residential community on property located to the south of SW North Dakota Street and east of the intersection of SW 112th Avenue and SW Toreland. The total area of the development site is 4.5 +/- ac and will contain 24 residential lots. The Dakota Glen Planned Development is primarily short prairie grass and lawns with a scattering of trees, houses, and sheds that make up approximately 6.3% impervious area within the site. The center of the site has a higher density of trees, as does the southwest corner of the site although this portion of the site is to remain as an open space tract. The site, which slopes gently to the north at an average gradient of 5.1%, falls within hydrologic group C per the Soil Survey Map for Washington County, Exhibit E3. The existing topography for the project site is shown on Exhibit E1. METHODOLOGY The site was first divided into drainage sheds as shown on the Existing Shed map, • Exhibit El, and the Developed Shed Map, Exhibit E2. The location of these divisions was based on the existing and proposed drainage patterns. The percentage of pervious area for the developed condition was then estimated 3 • • for each drainage shed based on the expected land use. For all pervious areas, an SCS curve number for both the pre-developed and post-developed conditions was assigned to each drainage shed based on the soil hydrological groups and the inspected land conditions, see Appendix A. A composite curve number was then calculated for the shed areas based on the ratio of impervious area to pervious area, within each shed. A summary of the drainage sheds for both the existing and developed conditions, identifying soil types, curve numbers and pervious/impervious area ratios is shown in Appendix A. The time of concentration (Tc) was calculated for both the predeveloped and developed shed areas. For the existing shed area, shed topography and drainage patterns were used to determine the Tc. For developed shed areas, an initial catchment time of 5-minutes was added to a calculated pipe travel time across the shed assuming a velocity of 3 ff/sec to estimate the time of concentration. Time of concentration calculations are shown in Appendix B. The Santa Barbara Urban Hydrograph methodology was used to calculate the runoff hydrograph for all of the sheds using the shed areas, curve numbers and Tc's. Runoff hydrographs were calculated for the 24-hour, 2yr, 10yr, and 25yr • storms. These storms have 24-hour rainfalls of 2.5 inches, 3.45 inches, and 3.9 inches respectively per the Clean Water Services Design and Construction Standards, dated March 2004. The results of the hydrograph methodology are shown in Appendix C. Once the flows for the pre-developed and post-developed conditions were determined, all drainage sheds were evaluated for an increase in flow due to project development that would necessitate detention facilities, such that peak flows during 2, 10, and 25-year storm events would not exceed the existing pre- developed peak flows. Hydraflow software by Intelisolve was used to size the necessary detention facilities. The detention pipe on SW North Dakota Street was designed to store runoff from the developed site and release storm water at the predeveloped rate through the use of a flow control manhole located at the downstream end. RESULTS All flows from the Dakota Glen Planned Development are routed through the detention pipe along SW North Dakota Street. This pipe will provide adequate detention for the entire development. Pipe sizing calculations are included in Appendix D. • 4 • • • WATER QUALITY: Clean Water Services requires that 65%removal of phosphorous be provided for stormwater runoff if any new impervious surfaces are created during site development. A permanent water quality facility must be constructed or funded to reduce contaminants that enter the storm and surface water system. Impervious surfaces shall include pavement, gravel roads, buildings, public and private roadways, and other surfaces that contribute runoff to the surface water system. Water quality requirements for the Dakota Glen Planned Development will be addressed by sumped catch basins and a water quality manhole located in SW 110th Place. CONCLUSION: Detention and water quality facilities within the Dakota Glen Planned Development are consistent with the design requirements of Clean Water Services. Development of the site will maintain flows from the site at the existing levels. The sizing of the detention pipe along SW North Dakota Street demonstrates that adequate storage has been provided. • • 5 • • SOIL FEATURES FOR WASHINGTON COUNTY iloSoil name and map Hydro- flooding symbol logic group frequency Duration Months Amity: 2 C NONE NONE NONE Astoria: 3E,3F B NONE NONE NONE Briedwell: 48,58,5C,5D B NONE NONE NONE Carlton: 6B,6C B NONE NONE NONE Cascade: 7B,7C,7D,7E,7F C NONE NONE NONE Chehalem: 8C C NONE NONE NONE Chehalis: 9, 10 B COMMON BRIEF NOV-MAR Cornelius: 11B, 11C, 11D, 11E, 11F: • Cornelius part C NONE NONE NONE Kinton part C NONE NONE NONE Cornelius Varient: 12A, 12B, 12C C NONE NONE NONE Cove: 13, 14 D COMMON BRIEF DEC-APR Dayton: 15 D NONE NONE NONE Delena: 16C D NONE NONE NONE Goble: 17B, 17C, 17D, 17E, 18E, 18F C NONE NONE NONE Helvetia: 19B, 19C, 19D, 19E C NONE NONE NONE Hembre: 20E,20F,20G B NONE NONE NONE Hillsboro: 21A,21B,21C,21D B NONE NONE NONE Hubberly: 22 D NONE NONE NONE Jory: 23B,23C,23D,23E,23F C NONE NONE NONE IGlchis: . 24G Klchis part C NONE NONE NONE Klickitat part B NONE NONE NONE 402028 HYDRO-PDT 1 SOL FEATURES PRINTED:8/232005 4:12 PIA • • SOIL FEATURES FOR WASHINGTON COUNTY • Soil name and map symbo Hydro- Flooding logic group Frequency Duration Months Klickitat: 25E,25F,25G B NONE NONE NONE Knappa: 26 B NONE NONE NONE Lablish: 27 D FREQUENT VERY LONG DEC-APR Laurelwood: - 28B,28C,28D,28E,29E,29F B NONE NONE NONE McBee: 30 B FREQUENT BRIEF NOV-MAY Melbome: 31B,31C,31D,31E,31F B NONE NONE NONE Melby: 32C,32D,32E,33E,33F,33G C NONE NONE NONE Olyic: 34C,34D,34E,35E,35F,35G B NONE NONE NONE Pervina: 36C,36D,36E,36F C NONE NONE NONE • Quatama: 37A,37B,37C,37D C NONE NONE NONE Saum: 38B,38C,38D,38E,38F C NONE NONE NONE Tolke: 39E,39F B NONE NONE NONE I Udifluvents: 4o B FREQUENT VERY LONG NOV-APR Verboot: 42 D FREQUENT BRIEF DEC-APR Wapato: 43 D FREQUENT BRIEF DEC-APR Willamette: 44A,448,44C,440 B NONE NONE NONE Woodbum: 45A,45B,45C,45D C NONE NONE NONE Xerchrepts: 46F Xerochrepts part B NONE NONE NONE Haploxerolls part C NONE NONE NONE 470 Xerochrepts part D NONE NONE NONE • Rock outcrop part • 4020213 HYDRO-PD.ds%SOL FEATURES PRWT®:&23/20054:12 PM • • SCS CURVE NUMBERS 11111 CURVE NUMBERS BY HYDROLOGIC LAND USE DESCRIPTION SOIL GROUP A B C D Cultivated land (1): winter condition 86 91 94 95 Mountain open areas: low growing brush &grasslands 74 82 89 92 Meadow or pasture: 65 78 85 89 Wood or forest land: undisturbed 42 64 76 81 Wood or forest land: young second growth or brush 55 72 81 86 Orchard: with crop cover 81 88 92 94 Open spaces,lawns,parks,golf courses,cemeteries,landscaping Good condition: grass cover on>75%of the area 68 80 : a 90 Fair condition: grass cover on 50-75%of the area 77 85 90 92 Gravel roads and parking lots: 76 85 89 91 Dirt roads and parking lots: 72 82 87 89 Impervious surfaces,pavement,roofs etc. 98 98 98 98 Open water bodies: lakes,wetlands,ponds,etc. 100 100 100 100 Single family residential (2): • Dwelling units/Gross Acre %Impervious (3) Separate curve number shall be 1.0 DU/GA 15 selected for pervious& 1.5 DU/GA 20 impervious portions of the site or 2.0 DU/GA 25 2.5 DU/GA 30 3.0 DU/GA 34 3.5 DU/GA 38 4.0 DU/GA 42 4.5 DU/GA 46 5.0 DU/GA 48 5.5 DU/GA 50 6.0 DU/GA 52 6.5 DU/GA .54 7.0 DU/GA 56 PUD's,condos,apartments, %impervious must be computed commercial businesses& industrial areas (1) For a more detailed description of agricultural land use curve numbers refer to National Engineering Handbook,Sec.4,Hydrology,Chapter 9,August 1972. • (2) Assumes roof and driveway runoff is directed into street/storm system. (3) The remaining pervious areas (lawn) are considered to be in good condition for these curve numbe 402026 HYDRO-POids\ SCS CURVE NUMBERS 6/23/2005 4:12 PM • S MANNING'S "n" VALUES • SHEET FLOW EQUATION MANNING'S VALUES ns moo I ace conc e e,asp au ,ga e,o •• e an• pace. so 0.011 Fallow Fields or loose soil surface(no residue) 0.05 Cultivated soil with residue cover<20% 0.06 Cultivated soil with residue cover>20% 0.17 Short prairie grass and lawns 0.15 Dense grasses 0.24 Bermuda grasses 0.41 Range(natural) 0.13 Woods or forrest with light underbrush 0.40 Woods or forrest with dense underbrush 0.80 SHALLOW CONCENTRATED FLOW(after Initial 30011 Of sneet 110W, R=0.1) ks Forrest Wltn Heavy grouna utterance meaaows (n = u.1 U) 3 Brushy ground with some trees(n=0.060) 5 Fallow or minimum tillage cultivation(n=0.040) 8 High grass(n=0.035) 9 Short grass,pasture and lawns(n=0.030) 11 Nearly bare ground (n=0.25) 13 Paved and gravel areas(n=0.012) 27 • CHANNEL FLOW(Intermittent) (At me beginning ot an visible channels,R=02) Ice Forested swale with heavy ground cover(n=0.101 5 rorestea drainage course/ravine wan aennea cnannei pea (n=u.UW) 10 Rock-lined waterway(n=0.035) 15 Grassed waterway(n=0.030) - - 17 Earth-lined waterway(n=0.025) 20 CMP pipe (n=0.024) 21 Concrete pipe (n=0.012) 42 Other waterways and pipe 0.508/n CHANNEL FLOW(continuous stream, R=0.4) Meandering stream(n=0.040) 20 Rock-lined stream (n=0.035) 23 Grass-lined stream (n=0.030) 27 Other streams,man-made channels and pipe(n=0.807/n) • 402026 FIYDRO-PD.xIs1 MANNING'S COEFFICIENTS 6 4:12 PM • • i -A-44)-ctlpha IMPERVIOUS AREA CALCULATIONS EXISTING SHED AREA 1 COMMUNITY DEVELOPMENT JOB NUMBER: 402-026 PROJECT: DAKOTA GLEN PLANNED DEVELOPMENT NEW IMPERVIOUS AREA 24 LOTS @ 2640 IMPERVIOUS AREA/LOT 63,360 ft2 SIDEWALKS 5,745 ft2 STREET PAVEMENT 36,135 ft2 105,240 ft2 2.42 ac EXISTING IMPERVIOUS AREA BUILDINGS 10,959 ff2 • SIDEWALKS 357 ft2 STREET PAVEMENT 2,797 ft2 14,113 ft2 0.32 ac 9. '.-e- ° ° ciJ °aP !�„� '�s`` rt =�� .. ._ `�g f R�-✓.q,"st'F '�c yLv-,4—x ,-.�✓ :`t: {! C't,--,...•``... ..'+`.'f2'_-=4•r•. r�''"' 't_4"-: vT'r "�—`7 :c•1F'"'xJVT .� �..- �:-�. R,: ./:�1 a O �(C,]�B}'cj r��! I B�°�e A.�" .�s3'3�.'_-¢• '" _ � -YeF'- �Lf%'-'-}--;'.��'�i���, ;�• 'r��H—�•�-C��'`.s�� -91 � ^-=.��-�.-, !:� _T'=�"rt� _� 1,:=��'` r�—•: =�:�� '.,�—•r�,�`r..r e eib- ..y • 402026_HYDROd'13.05-IMPERVIOUS AREA 6/23/2005 4:12 PM -*Atha COMPOSITE CURVE MBER • COMMUNITY DEVELOPMENT • JOB: 402-026 PROJECT: DAKOTA GLEN PLANNED DEVELOPMENT FILE: N:IPROJI402.0281HDIPLANNED DEVELOPMENT/402028 NYDRO•PD.XL8 SOIL GROUP A SOIL GROUP B SOIL GROUP C CN PERVIOUS DEVELOPED AREA• dB CN PERVIOUS DEVELOPED AREA• 80 ��1 P( ( ° i I ,}`�.��fE 8 7,d �i4, 4 yt CN PERVIOUS UNDEVELOPED AREA• 68 CN PERVIOUS UNDEVELOPED AREA• 8D e}S�P , 4��n ` o `1,F., 1\},_"°q '''')'1, gr ,tt, CN IMPERVIOUS• 98 CN IMPERVIOUS• 98 ,,. ',,Ii�1T Il I ';';",4".'-' ii) ,°4 y,s , ':0 C,� ?REDEVELOPED CONDITIONS TOTAL AREA SOIL GROUP A SOIL GROUP I SOIL GROUP C %OP SOIL IN %OF SOIL IN %OF SOIL IN AREA AREA COMPOSITE OVERALL SHED (AC) AREA(AC) AREA(AC) AREA(AC) GROUP A GROUP B GROUP C %IMPERVIOUS PERVIOUS IMPERVIOUS PERVIOUS CN COMPOSITE CN 1 5.1 0.0 0.0 4.8 0.0 0.0 93.6 6.3 4.8 0.3 86.0 88.8 • DEVELOPED CONDITIONS TOTAL AREA SOIL GROUP A SOIL GROUP B SOIL GROUP C %OF SOIL IN %OF SOIL IN %OF SOIL IN AREA AREA COMPOSITE OVERALL SHED (AC) AREA(AC) AREA(AC) AREA(AC) GROUP A GROUP B GROUP C %IMPERVIOUS PERVIOUS IMPERVIOUS PERVIOUS CN COMPOSITE CN I 5.1 0.0 0.0 2.7 0.0 0.0 52.9 47.1 2.7 2.4 86.0 81.7 • • • 4ta l p h a PREDEVELOPED TIME OF CONCENTRATION MUNITY DEVELOPMENT JOB NUMBER: 402-026 PROJECT: DAKOTA GLEN PLANNED DEVELOPMENT Accum. LAG ONE:SHEET FLOW (FIRST 70 FEET) Tc Tt=Travel time Manning's"n"= 0.15 How Length, L = 70 ff (300 ft.max.) P=2-year,24hr storm= 2.5 in Slope,So= 0.029 ft/ft (0.42Xn *L)"TT —_ (P)o.s�So)o.a 7.18 min. 7.18 min. LAG TWO:SHEET FLOW (NEXT 190 FEET) Tc Tt=Travel time Manning's"n"= 0.15 How Length, L = 190 ft (300 ft.max.) •2-year,24hr storm = 2.5 in .ape,So= 0.063 ff/ff T, _ (0.42)(n *L�o.s T (P)os�S, �o.4 11.69 min.. 18.87 min. 0 LAG THREE:SHALLOW CONCENTRATED FLOW (NEXT 107 FEET) Tc Velocity factor,k= 11 Slope,So= 0.047 ft/ft v = k so 2.38 ff/s Row Length, L = 107 ft L 0.75 min. 19.62 min. T = (60 XV) LAG FOUR:CONCENTRATED FLOW (NEXT 69 FEET) Tc Velocity factor,k= 17 Slope,So= 0.029 ft/ft v = k sa 2.89 ff/s Flow Length, L = 69 ft T. = L 0.40 min. 20.02 min. (60 Xv) • TOTAL PREDEVELOPED TIME OF CONCENTRATION= • • • alpha DEVELOPED TIME OF CONCENTRATION COMMUNITY DEVELOPMENT JOB NUMBER: 402-026 PROJECT: DAKOTA GLEN PLANNED DEVELOPMENT Catchment Time 5 min. Longest Run of Pipe 1030 ft Velocity of Flow 3 ff/s Time in Pipe= (1030 ft)/(3.00 ft/s) = 343 s TOTAL DEVELOPED Tc = T � • ID 402026JfYDRaPD.ds-DEVELOPE)Tc 6/23/2005 4:12 PM • • Itifrograph Return Period Recap Hydrograph inflow Peak Outflow(ds) Hydrograph No. type Hyd(s) - - - description (origin) 1-Yr 2-Yr 3-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 1 SBUH Runoff — — 1.22 — -- 2.11 2.55 — — PREDEVELOPED SHED 1 2 SBUH Runoff — 1.98 — --- 3.12 3.66 — — DEVELOPED SHED 1 4 Reservoir 2 --- 1.20 — -- 2.10 2.55 — DETENTION PIPE OUT • • Proj. file: 402026 HYDRO-72-inch-PD.gpw Thursday, Jun 23 2005, 4:15 PM • • ilidrograph Summary Report Hydrograph Peak Time lime to Volume Inflow Maximum Maximum Hydrograph No. type flow interval peak hyd(s) elevation storage description (origin) (ds) (min) (min) (cult) (ft) ( ) 1 SBUH Runoff 1.22 10 490 24,159 — — — PREDEVELOPED SHED 1 2 SBUH Runoff 1.98 10 480 31,060 — — — DEVELOPED SHED 1 4 Reservoir 1.20 10 510 31,060 2 202.61 2,089 DETENTION PIPE OUT • 11111 402026 HYDRO-72-inch-PD.gpw Return Period: 2 Year Thursday, Jun 23 2005, 4:15 PM • • ligrograph Summary Report Hydrograph Peak Time Time to Volume Inflow Maximum Maximum Hydrograph No. type flow Interval peak hyd(s) elevation storage description (origin) (cis) (min) (min) (cult) (ft) (cult) 1 SBUH Runoff 2.11 10 490 39,491 — — — PREDEVELOPED SHED 1 2 SBUH Runoff 3.12 10 480 47,674 — — — DEVELOPED SHED 1 4 Reservoir 2.10 10 500 47,674 2 204.16 3,623 DETENTION PIPE OUT • • S . 402026 HYDRO-72-inch-PD.gpw Return Period: 10 Year Thursday, Jun 23 2005, 4:15 PM • • 4 rograph Summary Report . Hydrograph Peak Time Time to Volume Inflow Maximum Maximum Hydrograph No. type flow Interval peak hyd(s) elevation storage description (origin) (cfs) (min) (min) (cuft) (ft) (cuft) 1 SBUH Runoff 2.55 10 490 47,059 — — — PREDEVELOPED SHED 1 2 SBUH Runoff 3.66 10 480 55,698 — -- — DEVELOPED SHED 1 4 Reservoir 2.55 10 500 55,698 2 205.12 4,408 DETENTION PIPE OUT III S 402026_HYDRO-72-inch-PD.gpw Return Period: 25 Year Thursday, Jun 23 2005, 4:15 PM • • Hydrograph Plot Odraow Hydrographs by lntefisolve Thursday,Jun 23 2005,4:15 PM Hyd. No. 1 PREDEVELOPED SHED 1 Hydrograph type = SBUH Runoff Peak discharge = 2.55 cfs Storm frequency = 25 yrs Time interval = 10 min Drainage area = 5.13 ac Curve number = 86.8 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = USER Time of conc. (Tc) = 20 min Total precip. = 3.90 in - Distribution = Type IA Storm duration =24 hrs Shape factor = N/A Hydrograph Volume=47,059 cult PREDEVELOPED SHED 1 Q(cfs) Hyd. No. 1 —25 Yr Q 3.00 - - 3.00 • 2.00 2.00 1.00 1.00 0.00 0.00 0 3 7 10 13 17 20 23 27 Hyd No. 1 Time(hrs) • • Hydrograph Plot lidratiow Hydrographs by lntellsolve Thursday,Jun 23 2005,4:15 PM Hyd. No. 2 DEVELOPED SHED 1 Hydrograph type = SBUH Runoff Peak discharge = 3.66 cfs Storm frequency = 25 yrs Time interval = 10 min Drainage area = 5.13 ac Curve number = 91.7 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = USER Time of conc. (Tc) = 10.7 min Total precip. = 3.90 in Distribution = Type IA Storm duration = 24 hrs Shape factor = N/A Hydrograph Volume=55,698 cult DEVELOPED SHED 1 Q( ) Hyd. No.2-25Yr Q( ) 4.00 - - 4.00 • 3.00 A_ 3.00 2.00 4 2.00 1.00 1.00 410/00 - 0.00 0 3 7 10 13 17 20 23 27 Hyd No.2 Time(hrs) • • Hydrograph Plot Jraflow Hydrographs by Intelisolve Thursday,Jun 23 2005,4:15 PM Hyd. No. 4 DETENTION PIPE OUT Hydrograph type = Reservoir Peak discharge = 2.55 cfs Storm frequency = 25 yrs Time interval = 10 min Inflow hyd. No. = 2 Max. Elevation = 205.12 ft Reservoir name = DETENTION PIPE Max. Storage = 4,408 cuft Storage Indication method used. Hydrograph Volume=55,698 cult DETENTION PIPE OUT Q(cfs) Hyd. No.4—25 Yr Q( 4.00 - - 4.00 • 3.00 3.00 2.00 2.00 1.00 1 1.00 0.00 0 3 7 10 13 17 20 23 27 Time(hrs) Hyd No.4 Hyd No.2 • • Pond Report •Hydraflow Hydrographs by Intellsolve Thursday,Jun 23 2005,4:15 PM Pond No. 1 - DETENTION PIPE Pond Data Pipe dia. = 6.00 ft Pipe length = 170.0 ft No. Barrels = 1.0 Slope = 0.50% Invert elev. = 199.50 ft Stage/Storage Table Stage(ft) Elevation(ft) Contour area(sqft) Incr.Storage(cuft) Total storage(cuft) 0.00 199.50 00 0 0 0.34 199.84 00 18 18 0.69 200.19 00 81 99 1.03 200.53 00 167 266 1.37 200.87 00 229 496 1.71 201.21 00 269 765 2.06 201.56 00 298 1,063 2.40 201.90 00 318 1,381 2.74 202.24 00 333 1,714 3.08 202.58 00 343 2,057 3.43 202.93 00 348 2,404 3.77 203.27 00 348 2.752 4.11 203.61 00 343 3,095 4.45 203.95 00 333 3,428 4.80 204.30 00 319 3,747 5.14 204.64 00 297 4.044 5.48 204.98 00 269 4,313 5.82 205.32 00 229 4,542 6.17 205.67 00 167 4,709 6.51 206.01 00 81 4,789 6.85 206.35 00 18 4,808 •Culvertl Orifice Structures Weir Structures [A] [B] [C] [D] [A] [B] [C] [D] Rise(in) = 12.00 5.30 4.60 2.00 Crest Len(ft) = 0.00 0.00 0.00 0.00 Span(In) = 12.00 5.30 4.60 2.00 Crest El.(ft) = 0.00 0.00 0.00 0.00 No.Barrels = 1 1 1 1 Weir Coeff. = 0.00 0.00 0.00 0.00 Invert EL(ft) = 199.40 199.50 202.65 204.20 Weir Type = - - - - Length(ft) = 100.00 0.00 0.00 0.00 Multi-Stage = No No No No Slope(%) = 1.00 0.00 0.00 0.00 N-Value = .013 .013 .013 .013 Orif.Coeff. = 0.60 0.60 0.60 0.60 Multi-Stage = n/a Yes Yes Yes Exfilt ation= 0.000 in/hr(Wet area) Taiiwater Elev.= 0.00 ft Note Cave/Mice out6oas have been analyzed under Wei and andel monad. stage(ft) Stage/Discharge Stage(ft) 7.00 7.00 6.00 - 6.00 5.00 - 5.00 4.00 • 4.00 3.00 - 3.00 IIII 2.00 2.00 1.00 - 1.00 0.00 0.00 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Discharge(cfs) Twf..1 A e ii e . , , , . , ,. • _ _ .__ , __ pe--so w-13W142TH-AVENUE—s°----5°---s° , ., , . r \ . \ , , ... ! . ..6:` ! ,..- -1• \' 4"/ t I • .. ! \ 19 . ,„// .. 1 •J ,/ ■ / , ii c„, ! 4 : i 4 1 l'i-7,7 4„;t, *0 ASH ,_ _ _ ______ ._ _ __ _ _ _._._.. • , t, 0 i . . ,.. 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X - CO ' • _ • - .. __ - - • , , - -•.. , • --.. - - - . --. • cn ; I _. - - • . cs --.--- . . ...• -- :----: •f„-- ;_::.-- ---,-,:;- - _-••=F -- : o ---, a. 1,-z-::. _:_••:-__f-f---• ,-- .-_ „:„.•-,---_:: - • ----... . -- - -:-• :-f-_-,-.-ff._•-.7,._ „ - - . - v) -,..- _„ ,.- - . _--,..---:_--..-- ,=-;,--.:-,------ . --_-•• . - --- 0 s;--- - cv cv l' DRAWN BY: PRE DATE: 6/23/05 O REVIEWED BY: JAV DATE:6/23/05 PROJECT NO.: --VA 1pha, -a 402-026 0°-- SCALE: m 1":100" . . -,c I COMMUNITY DEVELOPMENT EXHIBIT E3 ..-- . FROM :WASHINGTON_COUNTY SURVEY • FAX NO. :5938462909 •. 26 2005 04:20PM P1 • 04-26-15 13:36 FR11- T-6137 PEW/111W11 F-911 • WASHINGTON COUNTY t.IND VW AND TJUNSTORTA270N • SURVEYOR'S OFFICE zimmanatulaTam0 I request that the Washington County Surveyor's Office reserve the following subdivision name: PROPOSED NAME OF SUBDIVISION: OrA GuEt.1 MAP AND TAX LOT NUMBER IS 1 34 319Dp 3400 3O 3700 CITY JURISDICTION CI 1) • E ouNTY JURISDICTION: Ctrl 4b Tai D • SURVEYOR'S NAME: tc+ 4s COMPANY NAME: _ I VUNER'S NAME:-- _- - - -_._ }Bar } y VS WU-l-1AM .�ASS�Z5C I understand that If the name is not used within five years, it will be automatically canceled. Name of person - , :i • . l 1 °_%t'_, - • _ Company : • .t. Telephone n - ��� Fax number: ':•.. • y. Slot .11 • • W Dalr: 4/249/05 • Name*moved 2 �- s Washington Oaunfy Sunnyoes oiA9lce 118 Nara Fist Awwn* Sada SOW MIlebere.OR 57123 Few: 40419011 • • HALSTEAD'S ARBORICULTURE -Sppresests in the care and reservation of trees° • , CONSULTANTS, INC. ' • David Halstead,Consultant,B.S. • Phillip Whitcomb,Consultant P.O.Box 1182•Tualatin,OR 97062 (503)245-1383 • April 28, 2005 • . Venture Properties Inc. ATTN.: Ms. Wendy K. Hemmen 4• 4230 SW Galewood Street Suite 100 Lake Oswego, OR 97035 { Reference: Tree Assessment Report It _ Location: SW North Dakota Street, Tigard, Oregon '= Subject All Trees fit A Mr. James Lowery certified arborist for Halstead's Arboriculture Consultants and I have inspected the trees, the site and reviewed the 11030-70 SW North Dakota Street, Tigard, Oregon ' 4 The purpose of this inspection was to identify and assess the preservation potential of all trees six inches in trunk diameter(measured at four feet above ground) and larger in accordance with the City of Tigard's Tree Ordinance - `_ - -Chapter 18190.. — -- • • We have visually inspected and/or tagged and numbered all trees, both in the field and in this report that are on the site and will be using JK93841 through JK93990 series tags for easy identification. In addition, we have added a 'Tree Characteristic Guide", field report of each tree and/or group of trees that will explain in detail the species, sizes and the individual tree conditions. , ' For this report, only the last three digits will be used. The first numbered tree starts in the northwest corner of 11060 SW North Dakota Street property and then zigzags south in an east to west direction ending in the southwest portion of the project TREE ASSESSMENT: Our Inspection criteria included: Tree species, crown structure and development, storm damage, insect and disease problems, overall structural integrity, root system development, wind throw potential, construction trauma resistance, approximate distance to existing targets. In addition, the tree trunk diameters were measured at ground level, (DGL) in order to provide a true diameter of the • .1 trees' overall size. F_mair:hacespiritone.c om www.halsteadsarboricutture.com CCBM 0066646 • • • Page 2 April 28, 2005 Reference: Tree Assessment Report Location: SW North Dakota Street, Tigard, Oregon Subject All Trees There are a total of one hundred and forty nine (149)trees located within the project boundaries. There are twenty six(26) trees within the property that are twelve inches or less in diameter and an additional thirteen_ (13)trees that are twelve inches and greater in diameter that are hazardous. Nether are required to be part of the City of Tigard's`Tree Mitigation Identification Program? This leaves a residual of one hundred and ten (110) trees within proposed SW North Dakota project boundaries that are larger than twelve inches in trunk diameter and preservable. These trees are relatively healthy and structurally • stable and constitute a one hundred percent figure of preservable trees for this project. Any of these trees that are removed from the site due to hardscape, house footprints and/or utilities will reduce the one hundred percent figure. Retention percentage figures will vary according to the amount of trees removed. See City.Of Tgarci's_Ordinance_18.7_90_30°B"2a-d. All of the following trees are under twelve inches in diameter at 4.5 feet above ground and/or are listed as hazardous due to severe trunk and limb splitting, dead trunks and dead limbs that are un-repairable and/or trees that have severe health and disease infestations and in accordance to Chapter 187.90.020 "A" number three of the City of Tigard's Standards. If additional information is required an individual tree's condition please refer to the endosed individual "Tree Characteristic Guide". Twenty Six(26)trees under twelve inches in diameter at 4.5 feet above around are as follows: Tree Number. 845, 847, 849, 850, 856, 860, 865, 868, 869, 885, 895, 902, 905, 908, 918, 922, 927, 931, 934, 937, 941, 942, 943, 944, 981 and 984. Thirteen (13) Hazardous trees over twelve inches in diameter at 4.5 feet above ground: • Tree Number: 864, 879, 880, 886, 928, 929, 938, 945, 948, 965, 985, 986 and 987. • • Page 3 April 28, 2005 Reference: Tree Assessment Report Location: SW North Dakota Street, Tigard, Oregon Subject All Trees The remaining trees are over twelve inches in diameter at 4.5 feet above ground and if they are to be preserved will require structural and deadwood tree pruning in order to make the trees safe for surrounding persons and property before and/or during site clearing operations. Nieghboring Trees: There are fourteen (14) additional trees on and/or near the neighboring property and will be affected by the forthcoming construction. • 1. One(1) 38 inch double trunk Catalapa tree located on the northwest corner of the property is hazardous. Numbered 845N. 2. The following seven (7) trees located along the southeast neighboring Property Trees Number.945N1-945N7. 3. The following six(6) trees located along the northwest neighboring property. • Trees Number. 971N, 972N, 975N, 984N, 989N and 989N1. These trees will require tree fencing and root zone protection. However, the neighboring trees do not have any bearing on the mitigation plan. TREE CARE AND PRESERVATION: MEETINGS: Before the site clearing and construction begins, a pre-construction tree preservation conference will be held on-site with the general contractor in charge of.tree removal, and/or in charge of heavy equipment, the resident Certified • Arborist, and the City Forester from the City of Tigard. • • • Page 4 April 28, 2005 Reference: Tree Assessment Report Location: SW North Dakota Street, Tigard, Oregon Subject All Trees PURPOSE: The purpose of the on-site meeting will be to introduce all parties to the specifications and sensitivity needed in the protection and preservation of trees, their environment, and protected areas. PREPARATION/FENCING: Fencing needs to be attached to 7-foot tall steel fence posts placed eight feet • apart on center forming a protective line around the preserved trees and fence posts need to be securely anchored in the soil to a depth of two feet. Once the fence has been established in will not be adjusted or removed without the consent of the consulting arborist The fencing, as described, will need to be maintained throughout the entirety of the project - - REMOVALS: Those trees that are structurally unsound, unhealthy, or removed through mitigation within the preservation areas, will need to be approved by the City of Tigard and removed under the direct supervision of the Consulting Arborist for this project Tree removal will be done in such a way so as to not damage preserved trees and their root zones. Removal of these trees may require dimbing the trees and taking them down in small pieces. Stumps of the removed trees, which are less than 15 feet from a preserved tree, will be ground out using a stump grinder. ROOT PRUNING: Excavation when using badchoe, track-hoe, or other mechanical device, will be done towards the tree rather than along side of the tree. Furthermore, before excavation begins, "Air Spade'bridging and tunneling will be considered, • especially if tree roots are found to be in excess of two(2) inches in diameter. • • • Page 5 April 28, 2005 Reference: Tree Assessment Report Location: SW North Dakota Street, Tigard, Oregon Subject All Trees THERAPEUTIC CARE: Therapeutic care is described as those treatments including pruning that will be needed to increase the preserved trees chances for survival. In order to accomplish this objective, the trees will have to be periodically inspected during the construction process. THERAPEUTIC CARE CONTINUED: Individual treatment is based on the trees' needs, its root zone, and structural • condition and health. Factors will be taken into consideration, such as species, soil compaction, season in which construction is done, how much root zone will be affected by construction, losses of surrounding native plantings and loss of and/or over abundance of surface and sub-surface water. The success of any project where trees are a factor is good communication - between the general contractor and the consulting arborist who will be on site and/or on call for the entire project. Sincerely, James Lowery PNC#1808 (Field Inspector) David Halstead BS, CA#PNC159, ASCA 4110 NV ASSESSMENT Stitt I • ' DATE • ' PROJECT • : ,1t.'i f'#/ -, = - S i NAZTREE# SPECIAL* i , Dia.@ DM Species ,�, /Ktr D�.(�4.5 feex(DBH) I ;_.......q5.-) i . Height O limb Spread 6 ' Heath% 7l9 Structure%: 6 / / IGA,ZPII MUlld - . . 4 • r if THE g HAZ REE# SPECIAL# S at y.j . . . Dia @ 4.5 feet(DBH)3� Dia. '�G' L'unb Spread LO Height Health% 6 stare% /if ; / / 1 Remarks: ay l %L4 6 % : d- v , wit y _; � 1�/ 4 . I• •. 1�-, _k_2 Jam. •f0 ! , li . !`1 -• '�4-_ ww .... TREE #, 643 ifaziREE it cL "#. v. SPedee • 124 . Dia @ 4.5 feet(DBEq� 1 Dia(I DG 3 q r' • Height 80 - Limb Sprawl - ► 6O :' suw Si() • . A�q�*--.. ld w r • REF: TREE Nunzio. Ai/4 . ttarRrf# - -#.• - r Dia_ 4.5 feet(Dom 3 �• , ,Dia @ DGL, ) Limb %;- 6O Structure%. qo • a • / / I r - - / I • / •, • • . • - . . . _ . d itEE ASSESSMENT Stitt i , • __-----_— DATE.--- --. .--- REF:.------ A- TRE5 NUMBER#, 41° AL HAZIIREE#. -------.SPECIAL#------------. 0 e) -7 J I SPedeS . _d i _A _Air Dia.0 4.5feet PM) fill-.Dia-a DGI- --IZ-- HL_____ , 11. --. d......212--- Heaub .22---Strucase Remarks: . 114 i •/6 //k. --lia i 3V•ILA _.1.1 ;g1 -...* if • 1 TREE RE NWJBER#ja.---t) HAZTREE• ___-.-----SPECIAL• __----------- ...zei.4214L,____ jc5L....... Q..3 Species Dia.@ 4.5 feet(DBH) Dia(C4 WI."..„...... .1.•• •■ / A Rmed= A 41 . A-, - — • - .0 , .1...0 k . .41. '-A _4 i , ....... 9 a • ' 4 REF: ;P . . I/11 1 Species Aiti.„-----Dia offi 4.5 feet(DM) Dia.@ DGL_11. , Hostig____4-4-)---14:) Limb Spread.........a Cr-L.-Health / I 1 - 1 Rimailis: . ...• —4 11 _.a —a 1 ,. --.--'-'1"44.2. f / — 6 ii * i Z A .di . • • . ,), --__--- • t a. = ' r.,. ....-....L ,r--4,7„....1 eaelaidawat RE ___ IHIAZMEE 0...----- -SPECIIM-#------------- -"iie • -. Species .Dia.04.5 feet(DBH) -..... .....--Dia.0 DM 3E.....- Xigket-------- Het_ _EO -- Spread_112.1-- Health%.,...20_____-Striscture% *)---- 4 i Reined= ).111 Ailik /. 1- L..._ !.1i .4. l_ a . ...NA! I • IIII • 1 / • , • a , e 0. 11**16111111************igise fekkektrigek - 0 TIV ASSESSMENT SHEb I •• • • - . • iftE 3 PROJECT • 1••■■■■■........ ■•••■DATE ( A ) . • TREE NUMBER# gin HAZTREE#, . SPECIAL# • „1.# 1 e . sPecles Dia.rat 4.5 feet(DBH) RAI" .Dia.@ DGL- 16 . 4f41-6i Height, LI; ' Lind)Spread 440 Health%" 410 Structure% I Remarks 4,h," .-el-_/.1 la__ a. _f . ,__-.1.1_1-IL - 1 'I _ ..t All...a.e-1.kil!._. _ - II . / / t . i , if . ,,i_ctiv _AIL..../i____4, I • 4 ' ■01s_.,,A... ,5e, • IPW/~11W/Nr•ilt 14/rli,IPIPNNPIPIP'IPIPMRPgPOIP Pi . feleltedllketkidt***** ***isilki****** .6, V REF: TREE NUMBER* •■- 410 HAZTREE# SPECIAL# ti/ „, .., Spades L4 .„ A 1 0 • • Dia.©4.5 feet(DEMO YeS Die.(c))DGL / i Height Lind)Spread Health% Structure% , / a•Remarks: ...1..t.a..1 4' A a • • . . 410=1****************11**********11****************************************kkilagali* ********* TREE NUHBER# aci . HAZTREE# e 2.:44 i -2 1 ' • ./. Species 4-441-12-4k.. ilkaa-... Dia @ 4.5 feet(DBH) /0 - Dia.(§DGL /7" Height i100 Limb Spread 1 Health-% : tr.) • Structure% • / / , - / • Remarks: Aili 4 . ' , ,4_,__ic. #i:1 4,1__.d, 0 _. ., i , , _.. 4.,_ . gitrt . • imaitmaatea.* **** ****ikaaakaaimik REF: • TREE NUMBER 0 .(oft.s.:2_ HAZTREE f SPECIAL# . Spedes 111 ft CAditie . J. . Dia.0 4.5 feet(DBH) L.c.-ob ,DI a t.• @ DM. ZSAn Height 90 • Limb SpreadkNgLHealth%• 8D Struduii% 170 • .-.....—..—..-7—... Renuitcw ,..-44, :AL, —, --t- • 1 */ , ,.4 . „.• _A -..a ■r_....t.t.1----■ / A - / • 1 ii • P ._. : _/. . ' .6.: if•__•■ .•AI . - -.4 : fli • • • •ma.111 .01i ..., ****411*****60******Abble -• .. -. E ASSESSMENT SHEt I i PAGE 9 PROJECT DATE • . REF- # 3 HAZTREE# SPECIAL,#, •. TREE , Spades 10 ?th , Dia.@4.5feet(DOH) Dia.@ DGI- Hit 4 0 ' Lhub Spread Lib Health% \47, Strum% dQ • ! J � /u L- '_%Lt:.. .-:s'L d 1 , 1 �J' 1- 4.• • • ...1_ .A_ r� ' REF: p � 11 TREE NUMBER* HAZTREE# SPECIAL* ` 17 Dia. DGL: GA _..... Spades. ,� . � • Dia.@ 4.5 feet(DBHl______._.... C� Height 6!) Limb Spread ce.) Health% 0 , % IA 7 / ; i 0 A , ' ;i._L ; ai i l _/- , Ari J •.a CI • REF: y�k • TREE NUMBER*, HAZTREE#. • SPECIAL* • • y Spy Die.@ 4.5 feet(DM) /4/ - Dia.@ DGL 2\ Height QO Iamb Spread- - 4/E) Health% X67 . Structure% AO Remarks: _/.. _l__-__,_ -. 1 r• /4..4 .:- 4 ,. A'''' ALI 6o' S .mot REF: - :f —*---L TREE NU ER# FIAZTREE# Spedee (1)li.4 _ Dia..04.5 feet(DSH), /1 is Dia.@ DGL. 1 y t___I He 6n Umb Spread ("`u- Head% 0 Structure% cR � f :hitt). • eiliP'I14- 411111**13Z11:11*,...... 411 rill III Stir . • TOE ASSESStran• DATE.......--- ------ -AGERoJecT ,l • N l ' ji_pia.0 TRe $ a4.5f Species 6 0°) `/0..-2C t224° I. . Hew....3.a.-L ' spread ,.... 1 IWO%fternad: -4-'----ii 41!ko:ca.,,,._.,., ,,._..,------........:__________,______,- TRe -04.5 0$41111 --ER#15g--- 14,VREE*.....---------sPee"#,----- -2 , , ,! S 1 3 � s i_♦ v / •e ; i W.1 .111k......'..." ."""...":■......"....". .........°."'"......0•1■••..."rorovo."."...."."........."'.... 110 .01*** N Off. Rte' - �4 (0- S-916 jiesitb tRfr�1 _ d. Spy /.1: ` T� 1 # a )-1 . . REF:lfREE talieft. .9r' ‘:"(7) ---sperm Height ja.02--umb spgfad......-6-----)teasb%- .,---:--(21:2--SbIldre 416/ i • • - - . atm ASSESSMENT SHEt i • .' PROJECT DATE• REF: SPECIA i TREE l # HAZt # ► j ..:2 ''_ILL b. ' D�.(aid 4.5 feet(D __1-- '@�" Speaes ? dim1)Spread I Health Struchme K R v i�. _ .;rte_.%:.�I - - kid- �� ► ., rIL21_.§..'� w it*aaa REF: SPECIAL-# — TREE S h. ., HAS#_ o, , • v Spades. D.pt.. •- • Dia.@ 4.5 feet(DBH) 2-2- Dia.( � Height 5)04 Unit,Spread .�6 Huh% __Structure e% p JJyeLRemarks:__ _...... 2iLe1.--/` '.4 1 I# •• r LTA. ejl Areet ...6k19A . dam• . . _________.___Idrit**********i.......---•— -------wdeeigelaikei* REF: - SPE�AI.#. • # 4 HAZTR E# i TREE au _ b' o�. - 3 O ' S Dia. 4.5 feet(DBH), ,r��c �- - Qi . . Limb Sped -- - 30 --Heath% Z V . Structure% - . - -- -4 ititt)4._fle .,./0-e.)eld. -Z4J)k-ry0464, iftm . . REF: TREE NUMBER .S tukimEE# sue`'# a Species P,P03-_+- Dia.@ 4.5 feet(m-Or/S Dia- 9 6 IVO Spread• 40 - Heath%, 7() Structure% t30 • di r `� I ,' •I 1 � !���,■ i tea' •-, I �♦ .. • ,,. 7.'m d1 `//1 4 • ►Y AitAL. ! r o • t Ott • Tvir ASSeststik$...„....--• . . _...._.,_._-.----P. .o....o.,■to°'°"3'''tE,..:----"".-'-.-- ......„..y.:2....., --41: - --"°--"""65" .14°16S64 Si I Ola.COGL. Wed. . ) ' ill_ - } _ two � QQ JLs. ±' _ . . ';� mod: ' Nb'_ 04 , ct / r suuct0te°k----\5a---- ' "`* 0! d ..- it, -7.11stsudsSiel) ''.■‘Q'....'n' . -- w' . uia. „.......„.....p. .erg _ f - Vaigitift6 i 0" fA ! 1 ISEE _— . .404,516403614..W--- -25) ____... "tati°97S"'"''''-'1.2.L.:::111:809114, .. .""..arl...n'jUelti. w4161 ,,,7,..*'."""'".„_.41_.',• , iligheaseisoteesitessook-* ) ' '''i 4143 " / 100 .1. . tY4, ■-_ - - _ 0 r • TREE ASSESSMENT SHEEP DATE.-----.--- • PAGE PR��T I Rm.....____ 6, warRisE#_____ _ . Ste-# adm Oie (di - S I Dias 4.5 feet(# Ham— Limb Health _ SUudere%Spread Remarks: TREE NUS# 0 HAZTREE# SPECS-# n j ,• pia.@ 4�few(UBN�_-- Sp 9 � t ti's Z0� 96 Height L'mnb Spread ® - , /,Zegg • Rem ice` &. ilE ------------- ) **•*a•*A•2c*S*******ig****** *******srkket-kfraiwrk**-kfrkkimikfdrk**gtse--"—* rkkdaegmtmksggt* - -- TR: # -� j Ham# SP # ''., TREE �p� Sees pia.@ 4.5 feet(UB Dia. ---0------- Height 7 % _ % • REF:_# P- HAZT # SPECIti » • TRi�lfl 4.5feet(DBH) Dia'@ DGL. 0 - frt2 ups pread____ _11--Health% � r i � , 41141i- Remarks: 1s ex_ 17�w+'�4 eta***************"`"it********. . --'0062:,331:0301010, 0 ----scisclits? . 00(31- - tioisse*../ fr_..(0 ---°'26 go.- teelfsett/ WO. , r WO 1 010 s N 10 A : � qIjiw' V'' ? ' trtiettutOte' -'AA - , ` woo 1 tiospieso. -4--.4 1 ''''' -• ' 1 I 010.0°C43114.111 - - ? -I-- '-'' 01060 oes1 -.. .,,,a), -- ' Or. 140,---1 .104 v0.11_44-51.4 ,-71)-- - ......39L...."0010, . 14044 .' ..N.Ti 11 - + 0 114* jalf.---° -ieet.Poo--'- -. woo* AS-- ice' * ''` 1 � .j '``r� ,�paa�`I 1 . ' 14 \ Aieitfl" t SPA 13k'� „b . f 1 / • sr�� EA MO IV i t4t03eC-Loomosesto RIEF:■"---- 13/17 watlida#.......------------S102°A . 11‘0010961t. • 11 oc*, 2--t2........ - - - - - .7.169tat..--&1"016sPlead---3-D"--"eat*(14•1::1-. .*----7 suuctu'eoh-' j"."( RernalW Ai v 10....4■62-""" ... Dia. feet SPeCieS f l s ,. .. 1.. U:' 1'11* °. Welt° 2r):^ ttealltteilAr _________________1„..4 . • - _ ,. ; .-. vim-=_ . OW 0_451430038") .°3 i '_' j Height ' t4 - i j ,.L / 3i .',, L.-A._ ' - /:'. Jar + -01" ' ''' '4ri)ECI**.. ,1 0,. * °"1.4e...''.. . " its j,._1 ', [3L , J ,fib. ; 32--- --'. _20.L .'iliaaStt eh A : —::r:y ,4 I 11.6.re.rmoswurViress...s-a 0 Vs &N.A..• • pAGE f/ PROJECT ---------------------- ------------------ ______-----ad - 'NU- fl— lift14 Si 5 1 Hanes ft..„.....------_sPeciAL.....-----------' species feet(DM-------. - 2G -Dia- r'-' DC11------6-D---- He ic0__Jiff:2- Umb SPlead--- 5--)---- twig's6 4 aI A--------. I AM!.4:1_,-ii-e.. , i f■ ) P ] 4 /.,. hi'° i t _ 0 I t,-,; AO ,• '' ".' - ,- ■'.--.11Pir--40,1P _ . RZ taltilial#3.11. 6 "AM°...■ `. ' "' ""'"'""." g 224 . , . Dia 0 4.5 lest petol....1........00.0 OGL.-....••••••..■••••••...xwomal* SPedeS WO StniCtUre%....---N1---- ' 0 . Splead....,-30------Health Y'l .3, ' I• Reatalti: -• 24 -- ' 4 ' i -•"IL---- - % VO 11 -'''' ■-aill 1 . - - • ***1;*******************00001** -------SPECIAI-#...........--------------r liR6Fag # ----a. W1/4ZritEE#------------ . species Dia.0 4.5feet PM- "°--=----Dull" r•-: °GI--"--- - l ) He ight ? - 1 1 fri _ d ,;.,-,._-_,--/ I 44.‘ _,_,AL.J'f 0 _-_,,. 1--i•-•SL 4; Ill #' ' *******************************' R1EF: ---........ 16 4i .---•••••SPIECIA"-----r-------.7- TREE ti—fi—OBEIR.* la‘ HAVRE" 1 species _ fa 4.5feet(01,1) 34 OIL @DM „Aa--tirebSPread.....\.51)-----Healet 70 Stnspbse%--Ca-- '; i: ,, A E 4 , . ,,, • : . ... ' WOW 411 Al— .4. . --4_,. • • .REF:ThEatalarti 21142--- SPECIAL*....---•"...---------- - Species 641feet /a Dia..00-----;------- ------ Height jia„—umb spead_j______.--o Hoer%......._\,..c..a---Sistscbge , el, .,-4, . _.,..., _ . / A-_,...‘" ,//6--,.. .'-'• __---- - •TREE ASSESSMENT SHEEE PAGE JZ PROJECT DATE • REF: II • TREE NUMBER# 8 C HAZTREE# 4 , SPECIAL It Speaes b � Dia.@ 4.5 feet(DBH) l Dia. DGL 2 a ---- - ---- -- - - - - --- - - - ------ --------- ---- ------- --- ------ Height, Limb Spread JO . Health% 30 Structure% :30 Remarks: 3 Ilia I T L kit, . - mss** REF: TREE NUMBER# (a S '7 HAZTREE# SPECIAL# Species - ,r) _Dia @ 4.5 feet(DBH) I Dia.@ DGL z 0" Height 91) Limb Spread 2O .*:41,6 Health% 6[ Structure% de) Remarks: Z.it K. „..- {s.Y.� /. /-1.„ Q '-1--- REF: TREE NUMBER# 315 3 HAZTREE# • SPECIAL# Spy � Dia. DGL � b+i Eli, - -Dia. @ 4.5 feet(DBH) �.r @ • Height 6 Limb Spread [J Health% 6O Structure% Remarks: / �1�* `.l':1 f , A 1 .L ) J • tee* REF: p TREE NUMBER# S o < HAZTREE# SPECIAL#• Species Dia. ii, 4.5 feet(DBH) /Z' ,Dia.@ DGL Z• 6” Height 70 Limb Spread -3 V Health%. 7D structure% 7O Remarks:__telljat&Mtgegg.; ZO:&iTi gee, • - - - - - - - -- - _* III likE ASSESSMENT SHEET S OPAGE /.1 PROJECT DATE • TREE NUMBER# g ° HAZTREE# . SPECIAL# Species Dia.@ 4.5 feet(DBH) Z 0 'Dia.@ DGL Z p Height g0 Limb Spread 3 O Health%' 0 Structure% Remarks: . f i , r 11 ,,; •Ara I? • REF: TREE NUMBER# 8.9) HAZTREE# SPECIAL# • Species 0 _ - Dia.@ 4.5 feet(DBH) / 1 Die.@ DGL 2- Height Limb Spread Health% gD Structure% L5-6 • Remarks:C eftf2e ' ' 3 ttit-k0. 70) .4.1.0_1241.Z.. -- REF: o TREE NUMBER# 8 ` 2 HAZTREE# SPECIAL# y-- Species . . - Dia. 4.5 feet(DBH) --Z.2 Dia.@ DGL Height 90 Limb Spread 3b Health% \S E • Structure 66 Remarks: `T"aim , .1410.w.'�....,,w.. REF: - TREE NUMBER* W / 3 HAZTREE# ,SPECIAL#, Species - Dia.-@4.5 feet(DBH) le )• Dia.@ DGL 3a' Height 9.0 Limb Spread 4,0 Health%- 4040Structure% 7O% Remarks: 4 '_/ 4. ;i . • , ' , • • TREE ASSESSMENT SHEE. PAGE l51 PROJECT DATE REF: Q . •- TREE NUMBER# /) 7 7 HAZTREE# SPECIAL# . I► f' Species f /�� A- Dia.@ 4.5 feet(DIM) `� Dia.@ DGL Height Limb pread 30 Health% AD Structure%, Remarks: • �..` ,_ %� . t :1 Ze • — I is *******'A REF: (� TREE NUMBER# O 5 HAZTREE# SPECIAL* r Species . • Dia @ 4.5 feet(DBH} X 4th Die.@ DGL Height 70 / Limb Spread 7"u, Health% 70 Structure%, • • Remarks: .�^eOCb77K- *T (-) REF: TREE NUMBER# 9 HAZTREE# . . SPECIAL# • Species b Dia.@ 4.5 feet-(DBH) .. f ;Dia.@-DGL _ Height 70 Limb Spread cab Health% 5.t Structure% Remarks: ► P�7�.D , . �.�I � • ' : 9 7 I ,4 f REF: t� TREE NUMBER# / I HAZTREE# SPECIAL*• Species b Dia.@ 4.5 feet(DBH) / 9" Dia.@ DGL • 3 Height / Limb Spread 4 Health% Structure% 110'446 Remark : OnLU' : Aete.49- 7b' get, • • SEE ASSESSMENT SHEET • OPAGE PROJECT • '. DATE • REF: - TREE NUMBER# ? o HAZTREE# . SPECIAL* ` U Species L) Dia. a@ 4.5 feet(DBH) " / "Dia. a@ DGL 2-2_. • Height Qi2 Limb Spread ( . Health% 70 Structure ue%, d : ii26,11-ti1���` N .1441-zap ke, 40( ********* REF: TREE NUMBER* HAZTREE# SPECIAL* ?� Species Dia.@ 4.5 feet(DBH) Dia.@ DGL 3'T Height • Spread 116 Health% AO Structure% \p • Remarks:141910_,kaal_It; 444714 30 ) .4.0,61. ..za-664: • �; - - - REF: x TREE NUMBER* 9 0 0 HAZTREE# SPECIAL* .1� - . • Dia. @ 4.5 feet(DBH) /� Dia. �' .DGL_- :� d. . Height Limb Spread Health% 4 • Structure% '50 __AiLts__AA____444314/ _ . . • TREE NUMBER# / HAZTREE# SPECIAL#, • Dia @ 4.5 feet(DBH) /5- Die.@ DGL • Z Height igo Limb Spread ;In Health% 'SO . structure% ./3-0 • Remarks: /Ay 04.4 eik i A. ! ! • itEE ASSESSMENT SHEET PAGE PROJECT DATE • REF: TREE #, HAZTREE# . SPECIAL. SPedes p Die..4.5 feet(DBH)J_ @ DGL• /J •Height W , 1. Spread Health% Remarks: J if REF' SPECIAL-P TREE NUMBER# .Q'63 HAZTREE# Spades i pia.@ 4.5 feet(DBH)., 14' Die.CD DGL Height 6r) l5 • spa lt) Heap% hO S %, 66 -r �'' .A1_A 1. 11:..` _1' F AA A 69-; REF; TREE NUMBER.* 7 O 1/ HAZTREE# • SPECIAL* l 6 Ii Dia..©opt. 2 y Spedes pia, ., 4.5 (DIM) - ? Head% Strums% - • _ •.:. � V • TREE NUMMI 9e, #, SPECIAL* SPedes D Dia.@4.5 feet(0BH) /1_�-© - 2.2 Heigtd 6r) Umb Spread kc • Health%; ) Structure%.'SO /..' . 4. 4 , : 1 1 _ * '!J' - f# %t • - Itra• • • • TIF ASSESSMENT SHE&I • . 1:07 PROJECT '—..-------.-------------. DATE TREE NUMBER# 9017 HAzrREE#_-----,-SPECIAL#■••• .... .... .' 11•MINN• Spades --ta- pia.0 4.5 feet(DBH)_ LC—Dia.@ DGL..._AY-2.--_• Height g 0 um')Spread 30 Health%____412_,--Struhne% Reread= Ault.' -1-iLde_ • '—:'"'***e*t ****"*"*'"**•*s*e**•****a**ek*****A*********gi**** TREEREF: tiuinaø 967 HgrREE# SPECIAL if SPecies J) 0 * •' - Dia.@ 4.5 feet(DBH) )___L--C Dia.@ DGL Height • Spread. Health% _Iii2,--Structure Remarks: Ja11441-1 44 4.1"we - • h.t el**I'******************************* ***"********* ******81.4****MIskikkiiist********** Riallinamato 768 14AZIREE# " SPECIAL** o . _If._ __ Species •Height g 0 "- - Spread j6 Health% —40 6D stitictuii%-j3kY.,-..-- — -7 Remark& ; •1 ii - 4 4 ,j : , A A. _.%, r , ._..) ,d,' _„,_ f:.,--,- Akil _Ai/11PM I. LA) ii ' : A. _.__- , 1 ,esoe ******~dok***,, REF: • . . SPECIAL# . . - . Species * Dia S4.5 feet(DBH) 9 P1 *Dia' .- et DGL if Pi Height 40 Limb Spread: R 0 • Health% irO Structun3% 40 . • . e Ronal= .4 A _, .... ■...A . • ....1.At-diAL ALA . .• - -__.A—et_!_.E ifi.j _• OF• ,Ai • _._i, ' ' 4 li . ill • IA. k I .• • 9--------Ir --- & 1 . . F Sekkibkftegkft************irelkea**** . • • 0 M T SHEET • ,......... ,..._______,____________________E • TE DA /g. pRO.fE te i - TREE S 0 4.5 feet(D -- Species > _ 0 Hem 61 / � _,',4:_a-24_4 70 New ; ► �.�+ 'so Remy r�` HIaZ # SPECIAL; pia,C�D�-- SPedeS N1 -�- T�E • via.�34.5fe�{Di3�l � � y�� II!� liettt_101-- "1 - Weed__Sa--Heeint f ' 1, I A/ti 4. A-- i :41 . ' TREE i Die-tit 4.5 (DM -„Die.a std — - - Heap . TREE NUMBEIK# , . ..--------------SPECUt#...-------------7----. ) Die.@41 feet(D tw, Structun3 96.....i2P----- %odes c57 Height 0 ) b1 ' "�Ord� �• � i ' !* A 1..._A. # ' .tt ^1 • • • TREE ASSESSMENT SHEET PAGE 0 PROJECT DATE , REF: TREE NUMBER# i HAZTREE# SPECIAL# Species Dia.@4.5 feet(DBH) i a+ Dia.@ DGL• ✓g j Height 3 1 Limb Spread .0 Health% 7(3 Structure% lib Remarks. t ) t - • lb 1 ..f[i ********* REF: TREE NUMBER# 7 G S HAZTREE# SPECIAL# Species D114, - Dia.Q 4:5 feet(DBH) 31'1' Dia.(§DGL IP? bi Height 90 Limb Spread 6 0 Health% 7P) structure e% SO Remarks: 4441•r•t. Ott j 0 Q ********* REF: - -- TREE NUMBER# 174 _ HAZTREE# • SPECIAL# y Species Dia.@ 4.5 feet(DBH) 0 Dia.@ DGL aq . Height 70 Limb spread 30 Health% Structure% J4.6 Remarks: .444_,.: ,:,1 �. • 4 _, • / e_• ' ., 4 1• , REF: - TREE NUMBER# 111 1 HAZTREE# SPECIAL# •Species 1-) Dia. @ 4.5 feet(DBH) all' Dia @ DGL ?i II Height 96 Limb Spread 36 Health% -7u . Structure%, 4C) Remarks: ` �_, • , I 9 ' -j 4t , - f - • - • , • 14 ,.,_.....1_• -, ' l !:a . 'FREE ASSESSMENT SHEET. PAGE 0 PROJECT DATE - REF: a • TREE NUMBERS q i g HAZTREE# . SPECIAL#,31 'Species, W .41.011.64 Dia.@ 4.5 feet(DIM), 7 Dia @ DGL; 16 Height ao 1 Limb Spread, i Health% 70 Structure% Remarks: _ • _ _ , , REF: NUMBER* e` I HAZ'TREE# SPECIAL* Species . D. Dia @ 4.5 feet(DBHO P.I Dia.@ DGL 14 Height 91) Limb Spread . 6 0 Health%, gi9 Structure% 60 • Remarks: AA.4_.• •_04 ! _� o' .% ! i .._ _ • I . • REF: •q • TREE NUMBER* l HAZTREE •# SPECIAL# Species . _ .-- D - - Dia.@ 4.5 feet(DBH), 1:)6 Dia. DGL, 1 Height 7t) Limb Spread 30 Health% 7t) strs, % Remarks: Vii= - - - 1 ,i : i • !ij • REF: . TREE NUMBER* a HAZTREE# SPECIAL#, SPedes 1 Dia.@ 4.5 feet(1)511) 7 Dia.@ DGL „&i� Height 0,0 Limb Spread _j 6 Health%; lO Structure% Remarks /h? 1r, l . .b ..fit 4 • WE ASSESSMENT SHEET • PAGE �/ PROJECT DATE REF:, TREE • # 412. . HAZTREE# . SPECIAL# Species - =l= Dia..@ 4.5 feet(DBH) 7 Dia @ DGL 1 Height an I Limb Spread 3( ' Health% Structure% Remarks: A CYO_ /MX- 1 rj / • L .A __ - r� - mfr. REF: } TREE NUMBER* e! a3 HAZTREE# SPECIAL# Spedes Dia @ 4:5 feet(DBH)_ ),.3 Dia @ DGL ie5 Height 70 Limb Spread c-() Health% 7C) Structure% • Remarks: � % � � ..+.° // •e . a, 6/ ` �, , f L .l , ,t. 1 '- v 71� I, it REF: TREE HUMBER# • ,< / HAZTREE REE SPECIAL* •�� ci p Species ..i y Dia. C� 4.5 feet(DBH) Dia @ DGL �� 1 f, Height 171) Umb Spread 0 Health% 70 Structure% �b- Remarics: ) ` 4ie REF: , y TREE MISER* ��J- HAZTREE# SPECIAL* Species • Dia.@ 4.5 feet(DBH) I J" Dia.@ DGL I2 Height Limb Spread i/6 Health% Struclme% V Sb Remarks: •_ %..►,�s� J i '•%. !1_ is .�iM i..__ /.__..v ��.� 1 i..t► � /ice —Ittre■ � i�<_� 2 A • ##!i •• ASSESSMENT SHEET PAGE,LP��. • REF DATE TREE # HAZTREE al S i ' �,�( 4.5f�# -�- - om.�uq . .H Q Read c _ . % �,�id Remark d. . . ! She .IL .01 .d!...•._*‘_, REP r % i 0 TREE- NUMBER# (_L2,/, HAZTREE# s .# Hem j ��4-5 feet(� Qj� �,@ mod. �t�I.� - % Rerr�art�. — - -. ' �1 f `/ o . / ' • 96 i TREE # "allow 8----*„-8PEcou-8 SPecies �4.5 feet{pj �� " Limb -- .._..tea. % DGL 0 Q 6d . - _Ai* , s - ■ TREE NUMBER* - HAZTREE 0.....41L......._mac. spe1� - � . # .@4.5feet 1/ Dia0pGL li .,, IJ -F-, At 1 ! • I 0 07 • SEE ASSESSMENT SHEET S "'PAGE . j PROJECT • DATE • REF: TREE NUMBER# 43 HAZTREE# . SPECIAL#, Die.@ DGL 3'-`. Species ,�. Dia.(a 4.5 feet(DBH) ao'� _ Height, 90 Limb Spread, %, h0 Structure%, c ) Rem: - REF: TREE NUMBER* '31 HAZTREE• SPECIAL* Spy • Dia.@ 4.5 fleet(DBH). t5 Dia.at DGL- Height X517 Limb Spread / Health% 40 Structure% - - Remartcs: ZtL .4)06 *-110.- • I • - - -- - - - - eig***************644** REF: TREE #, '13 HAZTREE#, . . SPECIAL It' y Species .. D-- Dia.@ 4.5 feet(DBH) _ 1 .Dia.@ DGL Height 7[J Limb Spread cZ.0 Health% • Structure% Remarks: i _: ,. ' -f �.,.� ! .��lr, _� 1 ,._I •n t * • • 33 TREE # q 33 HAZTREE# SPECS.# Species 1 Dim.@4.5feet(DBH), 17 41 Die.@ DGL, Height CII Limb Spread- .3 a Heath 96.• 46 Struckwa 96, AO • R Ail 'frelity J 2013 tb" • 'FREE ASSESSMENT SHEET. PAGE4r PROJECT DATE • REF: • TREE NUMBER#, 931 HAZTREE# . SPECIAL# Species 0 Ji/ Dia.at 4.5 fleet(DBH) ® � Dia.@ DGL- la�a+ . Height '/0 Limb Spread Health%, Structure% �- Remarks: Zerie/ r 30 i I REF: TREE NUMBER# '12Lc HAZTREE# SPECIAL# Species • Dia.@ 4.5 feet(DBH) Dia.at DGL Height VO Limb Spread 1/0 Health% 0 Structure% Rear 'b - . - - t -- t REF: • TREE NUMBER# 43 HAZTREE# SPECIAL#, A tl 7) "� Spades D Dia.@ 4.5 feet(DBH), Dia.@ DGL___ _ Height 91) Limb Spread 3 0 Health% 60 Structure% 7 Remarks: .Cet,le U1" ' ***Att***** fraLimmigm***.a.........."1--- *mem********************** REF: TREE NUMBER# 937 HAZTREE# SPECIAL#, Species 11A., • Dia.@ 4.5 feet(DBH) 111' Die.@ DGL / 7 '• Height b� Limb Spread /6 fpm,% 7d Structure% St) Remarks: • - :.• A a94.4 1 :�/ it. I 1110 E ASSESSMENT SHEET • OrAGELPROJECT DATE • REF; TREE NUMBER* 1.Q 3 g HAZTREE# . SPECIAL.# Spy b Pc, Dia.04.5 feet(DBH), " Dia.@ DGL; e < r V Height la Limb � �� % Remarks: IzAd• Atu.0.1- itese • REF: p TREE NUMBER# q3 ! HAZTREE# SPECIAL* ' Spiv ) Dia.@ 4.5 feet(DBH).,_/611 Dia.@ DGL 3 ? Height RO Limb Spread, 1/0 Health% `'-0 Structure% 110 Remarkw AA4 leAd itfreat439 2•AzoL /0%.: • -- - -- - - ?"7,11- 1-- - - - -- - - ******************************* REF: TREE NUMBER# 1 `t Cj. HAZT'REE# = SPECIAL* y S p e c i e s- Dia.@ 4.5 f e e t(D B H) J E Dia.@ DGL o�H e i g h t t 'lb Limb Spread RD Health% -SD ' Structure% gb Remarks: /, ' • 4_4■1I- -/ •_.i�i'-'17 a I_ • a II' ._ �_t • - .0 REF: Q TREE NUMBER# 7 411 HAMM# SPECIAL* Species Dia..@ 4.5 feet(DBH4c)18 "ia.@ DGL. 1€' Height 30' Limb Spead vi4 Health%; 70 % 30 -• S. . - •REE ASSESSMENT SHEET. PAGE 4( PROJECT DATE REF:, • TREE NUMBER* 19111 HAZTREE# SPECIAL Species Dia.@ 4.5 feet(DBH) 7 Dia. DGL 473 Height a® Limb Spread A. Health% VO Structure% 0 Remarks: 0 hY lea 414.15fink .M-¢ ' I eA L.4 �- - - �i!' A •V ■ r' REF: TREE NUMBER# 9 43 HAZTREE# SPECIAL# Species 4. /0 Dia.@ 4:5 feet(DBH). 23(6_Dia.@ DGL It Y L Height 13 Limb Spread A.3 Health% structure% 1/17 Remarks: ". " 4 , 0. /a) • t ktre REF: �` TREE NUMBER* 7 4 ! HAZTREE* likige . . SPECIAL#' Species Dia. 4.5 feet(DBH) K• 9 Dia.CO DGL - air --__-- Height vk j Spread 131 Health% C Structure% Remarks: Xtenta / .6/i2A60 .aeLd .i : `_ I /10 .A _ _ _ .. 1_01- 1/ _ 41 i is i.4 REF: TREE NUMBER* HAZTREE# SPECIAL# Species 4.5 feet(DBH), Se p_Dia @ DGL L/7" Height .5"-61 Limb Spread sSO Health% 76 She% 426 111 rii4W114,411,1464r41 • 4EASSESSMENT SHEET • • SAGE ) PROJECT DATE REF: G • TREE NUMBER#, _ t 44 HAZTREE# .•SPECWL# , Speaes, 1h, Dia.@ 4.5 feet(DBH) 1-101 Dia.@ DGL S3 j Height 70 Lunb Spread Health% • 1) Structure ' 86 t Remarks: , - _ / � _ , -�� j� =----- - 4 6 , I 7 mil. `I : ` t'A/A .iJ • L/ rte, /. a•rwwws wow.. �A ww- w w REF: TREE NUMBER# R HAZTREE# SPECIAL# Species•.AB k_i • Dia.@ 4:5 feet(DBH) / Dia.@ DGL 3 Height L/0 Limb Spread ,3( Health%, 80 Structure% 70 Rehmr D_ fig .nl ( ) , Al2rLPi ./1?..0I1_ &- •r REF: TREE NUMBER g# 9 b HAZTREE# 4 . SPECIAL# to �a �.__.-Species - - Dia.@ 4.5 feet(DBH) �6 Dia._Q DGL ---- Height SO Limb Spread wr3 b Health% Structure% c20 Remarks: 4.6AL.6.4516 .d .Lb-aitirc. ;! 24612ftesLerugiediaLL____ REF: n TREE NUMBER# '7 HAZTREE# .SPECIAL#, Species D Dia..©4.5 feet(DBH) i q Dia.@ DGL, e�,3 r Height ..50 Limb Spread 70 Health% 70 - Structu e% 60 Remarks: / I ' / aZ. ' / , • kag, AK • • . TREE ASSESSMENT 51-ttt 1 , PAGE 4 ' PROJECT - DATE • $ • TREREF: N E UMBER# O HAZTREE#, . SPECIAL SPedes . b 4.6 - . Die.@ 4.5 feet(DBH)_a__Die. DGL- /I/ _. 2 0 % Stru ure%.....6 O- HE f • i • I ' • i / '� . . el 4 TREE 7 'I HAZTREE#. SPECIAL#, TREE NUMBER ft , ,® �, Spades j1Th , • Die. C 4.5 feet(DBH}, /� Height, /60 Spread 4/0 H %, 70 Struc tui % `�-i I Remarks: „, ' • / i �1TJ "L1 REF: , TREE NUMBER# � HAZTREE#, SPECIAL" a S Dia..@ 4.5 feet(DBH), �� Da-@ DGL, 7-- Mgt qb sptelid, =- 30 -- %; 40. : s %, • 46 -- — ---Remarks- . ' REF: TREE # 9.`')J , HAZTREE# SPECIAL#, Spades D Dia_04.5feet(DBII) .31 '' . .@ OG 2/6 Height / 10 Spread g6 %. eel Strome%, AO Rarer •:.• ,;4/ •�1 I .--``! —/a_. ' 0.A-�4 j . / / 47 i • ' J -• 1 ! ..-<j!--&-J .Si! -4- • -/ _.mi l 4l-. .1 J , .L r r - • • ASSESSMENT SliEE I . • • 9 - 190 D OPAGE2212ROJECT . _DATE • - RE TRE - q_c4 HAZTREE# SPECIAL* f e e t SPecies ht 7b H_i Lme % 70 , r i I =% ,. 6r ' / – I ; • r ise**24er-:***********giisea******************************d6tX 16.5 1 REF: TREE NUMBER# ‘5- Hazes#, SPECIAL* . . / �' '' S L!1 �, •' • Dia.(a�45 feet(DBH) l Dia. c, DGL, og I Height, ba1 .. — Lip' . %, 60 S %, q f'°-"F----"L I . . ' Ithstild . 4 aic) , 0 .. . .. _. . , --• , tit*****************it*********** fb! RE TREE NL # g-T6 HAZFREE 1 -* v species_ _ _ D /a, . Dia.O 4.5 f (DBH), (6`I Dis.@ DGL i I >> . Height. 961 Limb Spread qt Health% 70 • sauawe% - 4L3 -- Rerriad=letilL, I a_4 A 4 L it 2 • . _ 0 4 . • • REF: . TREE NUMBER* `7.� 7 HAZTREE S, -*, . ms's D fp. - ,Dia.,@ 4.5 feet(DOH) g Dia.@ DGL 30 Height 6O dffi.Spread r,2_0 Huth%; 60 Shucb.ae 96 60 -;., . :. - ___.,;.. , _.„, .,:,....i _. / :.,!_.1.,H _ 1 .t i i . kle 4' ± 0 . TREE ASSESSMENT sHhh I • • pAGE tiN:5_______.pRoact.L...„--______--____________-_ =====DATE...L.___.-- �- LHAREE S sp y �-} TREE r Dia. �-y la. 4.5 (D —�"_ Species 0 A -_ iletrot_IL_ - • spread 4 P. Health%......2-0---SIfucture%—ff--6-4-- . Rem /0..4_4 1 • .. ' aTREE SPECIAL Dia.645f (D i Da. D �- Heigtd_10—.Liath Spread____ ___----Heatth 14_____Za---Stlucture%___21.2---_ _ Al !__2.. . - • 2F**i*s*aLiemitee.-S-.----.---- -----..-----t*e**** *e***mrgika**e**a**i*s*.-------i----*fa.Th-;--j—k*k***e*eeeoa---------.-......mdea*addrosirs* • SPF�-�. REF: $ HpZTREE# ± �� �[" . A TREE 1+ : Dia.X4.5 filet(DB��Oia.��- v. SPecies HeigAtt b 9uubSpreadtlO. ` _ - t / /,', ■ Renate IL.:A . l 4 -A_ /64_." 'I-___;s 1 , --__-._A-. -TREE NUMBER#-9-6-1.— EMMA#-.-------..SP82AL#.--------..----- - Dia. 4.5feet S @ t %____ZQ__aructufe%....W.--W• • Height___.&0-- / + , . ,.0 j' • $EE ASSESSMENT Slat 1 . • PAGE PROJECT-------- ----- --------- 1=- :----=1 REF- TREE SPEC" TREE N[1�� » pia.(�4.5feet(DeM_ –� DGL SPecles Height RO ' Ural). Spread iS Health%___AL—Stmcture%____Ze2.. — . o'er .' 4/212,off' V�/L_�+ **"'"*********i*I'j''*";**"*fI"'********"***—fdg*;:** ----'---****sI**. sg* . "***"*"*"""*a**"""#"*** RE TRE: g 63 HAzrREE Sinew .' Dia.0 45 feet(DOH). �. ciJ DGL '3 50 LJmb Spread t 6(' Health Struchue% `� 4.----2.--2- • .OA*a _ -c-eit - L.i 0 •- _611ki_r A■ 1 ,._.A,_ i_s_AIL0_1*. • .." I a • r.e4 TREE•WEBER* gee/ HAZTM* SPECIAL* o Dia. 4.5 feet(DBH) o�-1 ,Dm.@ DGL_ L__ Height it,ts- Spread- .2/b Heath%, 70 • Structure%Li2e.ri_L Remarks: i- .a1 sV ice•. _•'! i• . . - - - - - - - - - - - - - - RER TREE IF Art___. SPecies Die..'@4:5feet(�) 19 `' ;Dia.0 DGL, 3��� 91) ,uSp e30 %: ,47) Michas m • • �!. i --:.n: . 4/ _, ■ _,,, ' 4 . jiM it I . . ' ' '. /II I I ellA I ri ' f S . - • ASSESSMENT SHEE I. DATE • . PAGE PROJECT REP' NUMBER# 9 4 d . SPECIAL,#1••■•. .. '"'"'' ''''''.11 0 Dia.@ 4.5 feet(DOH)_AL.�'@ DGL; c( ( — S . � . Height 60 ` Limbed L5 Health% sane% Ren s: . , 0 4 REF: TREE NUMBER ft 6 7 HAZTREE#. SPE�* Dia.@ 4.5feet(DBH), v�"1 Dia. OGL Height 1) Limb Spread qo Health%_71) Structure°/6 t A......g . RefrlafiCS: i1°1/ .-.1.4.A L "AO+ .*._*_.*..........bt. ,.._.;,..*********..14.44,*es.06**** REF: • • TREE NUMBER 6(� HAZIRE It • ,SPECIAL#, T, s, Vi. SPecies . Dia.@ 4-5 feet(DIM), i Dia. c, OGL. Height s50 Limb Sid ID Health% ReMarkS:-CLAWC6---'431-1- : .• ' .1 1 i 1_..--a., 4 e.— 2 L.-,_ 2 .11. .0_21.L!• •t•1 (1) ,i / #_ "...ill.: 'I �,:.4 _ _irm ..lam - - REF: ` TREE0 967 : # SPECIAL* - Spades . x.(44.5 feet(DBH). /7 11 -@ DGL ' • Height 9O '-- ' Limb %- % 6 0 •� , ,l - _! 7_-4 /1-L'_. ' .,.' .,. IL �._. - 1!IL//i C....� 0_ i. • !� , 7 I I •I 11 1..4_1( V�0 + / C - .A/ar/. 'A�l1 �. • "FE ASSESSMENT SMi t • OPAGE 3-3' PROJECT • DATE • ' REF: 42f2.... TREE # HAZIREE#, . SPECIAL.# S Dia.@ 4.5 feet /(DBH)S Die.@ DGL• air, • Height /D Limb tad —W. ..5-0 S % 46 i Remarks: A i _� ' .�.4 ,.;. _ - >I. .#!I_I _44 A /l in 4,A al_---� Jrt&....... ... ■,■.....j;..... ............ ...... ... .............. ............... ............ ... ............. ... .......... ... REF: TREE #, q 71 # SPECIAL#, • b Sperms S - Dia.@ 4.5 feet(DBH), o�7' Dia.@ DGL ' Height 10 Limb Spread Hen% la Lei Struchae% 7?) i Remarkfc ..I:'_. ■ . -�._. ' - "( •- A!1•� _ . •r -.u* y,,��„ • !c_J. 1_. • . i • - . - ildialr REF: • TREE NISIBER#, (f Vol - IREE ol HAZ * SPECIAL a �@ • Spades , _• ..- Dia.@ 415 f�(Dt31•t), /3' • Heim 6`5" Limb Spread kV fah% l 4 0 Strode% 5O - Remarks:424tAlLstakpall.112CL.6211;dafa....... -, -01440160- 64-Mtirit's - TREE S NUMBER# 7 7 3 IIAZIREE# SPECIAL# Species D .@ 4.5 feet(DBH) '1_ Dia.@ DGL Li 7" . Height •! Z V Limb Spud \Al ) Health% 71) Structure%, 6o • I . - I t IF I---- . ---------- . r---- • • • - • 'TREE ASSESSMENT SHbI I. . . PAGE tti PROJECT DATE • ., REF; 97 V HAZTREE# . SpECAL# Species, Dia.@4.5 feet(D1514), .11" ,Dia.@ DM.• 0 j 2_11 _ Height 90 urn spread LI 0 - Health% 80 Structure% h 0. . Remarks: ,/, 0 _:., / -■ v _Ar A . - • 'All 1 4 A ■■ 1 ,Ad.4 81 - • ' *****11dIrik******1:***Ideldk itIeSdridatids 711:17E NUMBER ft q ck.:.T HAZIREE# . SPECIALS • Species •. • Dia.@4-5 feet(DBH). Z9 11 ,Dia.© L DG _qIL Height lb unib spad .570 Heallh% 70 . stud=% 7c) Remarks:./rUP i . ziLer..AstiAttyi 41641aigert, ..- . zort, frkkgefelladdiarkitirkilekideilefellt aillatiikide* REF: TREE NUMBERS •77.4 . HAZTREE* • • SPECIALS• A . I! SPedes -- • Dia.@4.5 feet(DM) ID 69 Dia.t DGL 14 1J 0 Height W() Limb Spread"k-0 Health%, ----6 0 Remarks:Vill.e.iitia 4 i : 4-24Liftcreat 131t. , • . . . **********kkirmoomadr**rki***grim, RF: air -7---) • TREE NUMBERS 7 / I - HAZIREE II SPECIAL#•Species • Die. 4.5 feet(DBH) e).5- )2 Dia.©DGL , Height q(0 Limb Spread -3 0 Health%. a Structure%. Remelt= rede lifift,j,0, •W AIA:sb 6hefrell I.P.o.41. W • -.tfgrc..---------:--------L---.--------- . III ASS15nt=' • AGE TREE NUMBER#9.2e---- WINE . oar • • --- SP6 - • SPecles H ` Liter • Ad Al A' Rert W►zrWM# s - • la 4.5 feet(DOH) 12_,Dia. DGL SPECUIPL TREE pia.@ 45 fit(D81'1? �' _ SPecies Heillibt Ili--Limb ti / • I / - ,L-- i i_Ns TREE IP HAMM. @4-5 feet(DBH).. J SPecies Limb b H Height u ' J •��, • - WEE ASSESSMENT S1-et 1 • e PAGE PRomcT---------.----—_ _DATE_ • ==== === ======= --.-- REP MEE NUMBER#-3-B-.2-- WirREE#-------,-SPECMIL. #--------- ... ,I DGL f____ SPedee------------Dia @ 4.-5 bolt Tat.-215---Die-@ • Height 00 Limb Spread_LW—Health%____20 __Structure%....L_:_:-- • i , Remarks: ..44__,- ' --A ....-Li ' • ....*_ _ _4 s , - A ll •A * 1 9 _ .t-.' OIL 7' 11 i - _Lk- 6240.2. ' ****************""t*addlt****** REF. -- 2 . • TREE NUMBER#_ (fii HAZTREE#--------SPECUU-S.--------- spedes .ft , • Dia.@ 4.5 feet(1313H).___2_12 Dia. DGL ' Het "00 Lin*Spread 30 Health% .J.,112structure%24_ • i 1 ' i • Remarks: I • _aiL_•____-4- 0 03-04 A - . - •_..2,9. 014r# AYL--aL .. _ . , • i • -ere. ************ItilefebIrklisterlitileik********************************i***kdk*** ***lrllkl*MW*** RTRTE Num-M-E -ER-#......13-- ifAznam# - SPEC1ALC______-----0 A 1 V , 1 1 . --—- Spades • Dia.at 4.5 feet(DIM) '____E':_.Dia.@ DGL._U.— • Height 30 1 Limb Spread /0 ) Health% 61, mews-% L0______ Remarks: _., ?_. /4. , _j „L. .,.., __, „ 11. 0 • • . . •0:************eambeauurematiomitaitmsgateamatarde*****gootaPA ****************11*****fll~flok REF: TREE NUMBER#..1-4Y---. HarREE# ilt SPECIAL#-----------, Species Dia.04.5 feet pm-002y Lii Dia.(fit Dq30..).1 Height gfrO Limb Spread 46 Health% .) Stream% 30,_ Resrearkc ;_o• .41.1 - _,L_ • •. - _ .4_,, _ , 4__■_LA.4 , ,d1.7 . ..#_,_A.■/.__:_! 01‘ l ) f A 00 ik W l I • 41 ," • ww ria._____Arruniprerewwwwww'a I _...i •_:1 ' • lis illtikkik***Alfidek*******Itak • - . 0 EEASSttibivirri 1 ur g •• . DATE - PA+GE REP � , # . emu`' a • _II:.p _ /____.'4 ' 1_ y„ #' - ', • r _' . . _4 • ./ TREENIMBER# gcsfee't( Crie.ODGL Hemet Lane g /, • / two ,L,, -�.__• • REF: t "SIP" —, s) _____Ss.„) - Dia.40.5feet( em_ i— - tea.0DGt. of. HelObt_100.--LimbSpreatilealb.%_____461Strudure%.;.30..■ : INIFIPW. / * ./ (Ai - . . . . vtrs9'vr' . . . • SPECIAL#TREEIGAZIER,f_231._• . * , t� pia.B4.Efeet(01311_,�. — '.00R soeaes % 7© — Lieb eallt .•- ' **ereeted***Iikgeddeete*********Seeggilinelaiglielg 1".Cnn-----n."-----.--. 1.--.—.--n---.n—n---"---..-61mtkiladikaeleika felkeike“eaeleatkedM11"1"******* • . . sTREEgSSESSMEN I Stitt: . DATE PAGE feet • MIME/ s 1 . SPedeS TREE AMER* _�=_oia.C��-� 4.5 �Qip Unit Spmad b t'ealth Strucure% REF: • SL TREE NUMBER� pia, aQ OCR . Dia, 4:5 feet(pBf il.�---- - . Struck%L•unb Sptrlad % Remarks:Height ---- - Rte:TREE H zmEE* SPECIAL• SPecies S 4.5 feet(DBti) _ to - - limb Sptsad Retry • - � tea * REF: Hp�'REE# SPECIAL-# TREE NtJMRER @45f et ? SbtrObure g` R • .*&*******4"*******************. ***********81-te ***•/**************k&****A****,,e' • • • • AFTER RECORDING RETURN TO: Venture Properties,Inc. 4230 Galewood Street, Suite 100 Lake Oswego, OR 97123 DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR DAKOTA GLEN Declarant: Venture Properties, Inc. TABLE OF CONTENTS RECITALS • 1 • ARTICLE 1 DEFINITIONS 2 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 2.1 Initial Development 4 2.2 Annexation of Additional Property 4 2.2.1 Supplemental Declaration 4 2.2.2 Annexed Property a Part of Dakota Glen 4 2.2.3 Voting Rights of Annexed Lots 4 2.2.4 Annexed Lot Owners as Members 5 2.3 Deannexation and Amendment 5 2.4 Amendment - 5 - 2.5 Annexation With Approval of Membership 5 ARTICLE 3 OWNERSHIP AND EASEMENTS 5 3.1 Non-Severability 5 3.2 Ownership of Lots 6 3.3 Ownership of Common Area 6 3.4 Easements 6 • • 3.4.1 Easements on Plat 6 3.4.2 Easements for Common Area 6 i C:\Documents and S ngs\jen\L.ocal Settingsgemporary Internet Files\OLK65\Draft CCR Dakota Glen.doc • • • • 3.4.3 Easements Reserved by Declarant 6 3.4.4 Annexation of Additional Property 7 3.4.5 Additional Easements 7 3.4.6 Association's Easements 7 3.4.7 Easements to Governmental Entities 7 3.4.8 Perimeter Easement Benefiting Association 7 3.4.9 Mutual Maintenance and Wall Repair Easement 7 3.5 Declarant's Right to Dedicate Common Area and Grant Easements; Board's Authority After Title Transferred to Association 7 ARTICLE 4 LOTS AND HOMES 8 4.1 Residential Use 8 4.2 Landscaping 8 4.3 Maintenance of Lots and Homes 8 4.4 Rental of Homes 9 4.4.1 Written Rental Agreements Required 9 4.4.2 Minimum Rental Period 9 4.4.3 Tenant Must be Given Documents 9 4.5 Animals 9 4.6 Nuisance 9 4.7 Parking 9 • 4.8 Vehicles in Disrepair 10 4.9 Signs 10 4.10 Rubbish and Trash 10 4.11 Fences and Hedges 10 4.12 Service Facilities - 10 4.13 Antennas and Satellite Dishes 11 4.14 Grades, Slopes and Drainage _ 11 4.15 Tree Cutting Restrictions 12 4.16 Damage or Destruction to Home and/or Lot 12 4.17 Right of Maintenance and Entry by Association 12 4.18 Association Rules and Regulations 12 4.19 Ordinances and Regulations 13 4.20 Temporary Structures 13 4.21 Rock Walls 13 4.22 Declarant Exemptions 13 ARTICLE 5 COMMON AREA - 13 5.1 Use of Common Areas 13 5.2 Maintenance of Common Area 13 5.3 Alterations to Common Area 13 5.4 Funding 13 • 5.5 . Landscaping 14 5.6 Condemnation of Common Area 14 ii C:\Doanna is and Settings\jem\L Local Settings\Temporary Internet Files\OLK65\Draft CCR Dakota Gladoc • ID • • 5.7 Damage or Destruction of Common Area 14 5.8 Power of Association to Sell, Dedicate or Transfer Common Area..... 14 . 5.9 Public Use of Lands 14 ARTICLE 6 NEIGHBORHOOD DESIGN REVIEW COMMITTEE .14 6.1 Neighborhood Design Review Committee ("Committee") 14 6.2 Committee Design Review 14 6.3 Committee Decision. 14 6.4 Committee Discretion 14 6.5 Nonwaiver 0 ..15 6.6 Appeal 15 6.7 Declarant and Successor Exempt From Committee Review 15 6.8 Liability • ARTICLE 7 MEMBERSHIP IN THE ASSOCIATION; MANAGEMENT 15 7.1 Members 15 7.2 Proxy 15 7.3 Voting Rights 15 7.3.1 Class A 15 7.3.2 Class B 16 7.4 Procedure 16 • 7.5 Professional Management 16 ARTICLE 8 DECLARANT CONTROL 16 8.1 Interim Board and Officers - 16 8.2 Turnover Meeting 17 ARTICLE 9 DECLARANTS SPECIAL RIGHTS 17 9.1 General 17 9.2 Marketing Rights 17 9.3 Declarant Easements 17 9.4 Additional Improvements 17 9.5 Size and Appearance of Dakota Glen 17 ARTICLE 10 FUNDS AND ASSESSMENTS 17 10.1 Purpose of Assessments; Expenses 18 • 10.2 Covenants to Pay 18 10.2.1 Funds Held in Trust 18 10.2.2 Offsets 18 10.2.3 Rights to Profits 18 10.3 Basis of Assessment/Commencement of Assessments 18 • 10.3.1 Commencement of Operating Assessments. 18 10.3.2 Commencement of Reserves 18 C:\Doctunents and Sdtings*m Local Settings\Tanporary Internet Files\OLK65\Draf CCR Dakota Gleadoc O • • 10.3.3 Working Capital 18 10.4 Annual Assessments 19 10.4.1 Budgeting 19 10.4.2 Allocation of Assessments .19 10.4.3 Nonwaiver of Assessments 19 10.5 Special Assessments 19 10.5.1 Correct Deficit 19 10.5.2 Special Obligations of an Owner 19 10.5.3 Repair • 20 10.5.4 Capital Improvements 20 10.6 Accounts 20 10.6.1 Types of Accounts 20 10.6.2 Reserve Account 20 10.6.2.1 General Operating Reserve 20 10.6.2.2 Special Reserves 20 10.6.2.3 Calculation of Reserve Assessment; Reserve Study 20 10.6.2.4 Loan From Reserve Account 21 10.6.2.5 Increase or Reduction of Reserve Account Assessment 21 10.6.2.6 Investment of Reserve Account 21 10.6.2.7 Refunds of Assessments 21 10.6.3 Current Operating Account 22 • 10.7 Default in Payment of Assessments, Enforcement of Liens 22 • 10.7.1 Personal Obligation 22 10.7.2 Association Lien 22 ARTICLE 11 GENERAL PROVISIONS 22 11.1 Records • 23 11.2 - Indemnification of Directors, Officers,Employees and Agents 23 11.3 Enforcement;Attorneys'Fees 23 11.4 Association Litigation 24 11.5 Severability 24 11.6 Duration 24 11.7 Amendment 24 11.8 Release of Right of Control 24 11.9 Unilateral Amendment by Declarant 24 • 11.10 Resolution of Document Conflicts. 25 iv CADoauments and Semngsljan Local SemngsTemporaiy Internet FileMOLK65\Draft CCR Dakota Glen-doc • • DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR DAKOTA GLEN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Dakota Glen ("Declaration") is made by Venture Properties, Inc., an Oregon corporation ("Declarant"). RECITALS Declarant is the owner of all the real property and improvements thereon located in the City of Tigard, County of Washington, State of Oregon, described as follows(the "Property"): Lots 1 through 24 and Tracts "A" through "D", as shown on the plat of Dakota Glen, recorded on , 200_ in the plat records of Washington County, Oregon,,as Document No. Declarant intends to develop Dakota Glen as a Class I planned community. To establish • Dakota Glen as a planned community, Declarant desires to impose these mutually beneficial covenants, conditions, restrictions, easements, assessments and liens on the Property, under a comprehensive general plan of improvement and development for the benefit of all Lots and Common Area in Dakota Glen. Declarant has deemed it desirable for the efficient preservation of the values and amenities in Dakota Glen to create a nonprofit corporation, to which will be delegated and assigned the powers and authority to own and maintain the Common Area, to administer the affairs of the Association,to administer and enforce the covenants,conditions, and restrictions of this Declaration,and to collect and disburse the assessments and charges hereinafter created. Declarant intends to develop Dakota Glen in one phase of 24 lots. However, Declarant has reserved the right to annex additional property ("Additional Property") in the future. Declarant may but shall have no obligation to annex all or any portion of the Additional Property to Dakota Glen. After annexation, the Additional Property annexed shall constitute a part of Dakota Glen and shall be subject to this Declaration. There is no limitation on the number of Lois and Tracts which may be annexed to Dakota Glen. NOW THEREFORE, Declarant declares that the Property shall be held,transferred, sold, conveyed and occupied subject to the Oregon Planned Community Act as may be amended from time to time (ORS 94.550 to 94.783) and subject to the following covenants, conditions, restrictions, easements, charges and liens, which shall run with the land, which shall be binding • upon all f, parties having or acquiring any right, title or interest in the Property or any part thereo and which shall inure to the benefit of the Association and of each Owner. PAGE 1. DECLARATIONc:oo nts and Settings*EnkLocal Settingstiremporary Internet Fdes\OLK651Draft CCR Dakota Gleadoc • • • • ARTICLE 1 DEFINITIONS 1.1 "Additional Property" shall mean and refer to any Lots and Tracts which may be subsequently annexed to Dakota Glen and subjected to this Declaration. 1.2 "Architectural Review Committee" or "ARC" shall refer to that committee constituted and acting pursuant to Article 6 of this Declaration. 1.3 "Articles" shall mean the Articles of Incorporation for the nonprofit corporation, Dakota Glen Homeowners' Association, as filed with the Oregon Secretary of State. 1.4 "Association" shall mean and refer to Dakota Glen Homeowners' Association, its successors and assigns. 1.5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 1.6 "Bylaws" shall mean and refer to the Bylaws of the Association which shall be recorded in the Washington County, Oregon, deed records. • 1.7 "Common Area" shall mean and refer to Tracts "A" through "D" shown on the recorded Plat of Dakota Glen together with any Tracts subsequently annexed to Dakota Glen as shown on any recorded supplemental plat, including any improvements located thereon, which areas and improvements are intended to be devoted to the common use and enjoyment of the - -• - members and which land shall be conveyed to the Association. Tracts "A" and "B" shall be designated as open space park area for use by the Owners and Occupants of Dakota Glen, and shall be maintained by the Association in a matter consistent with that required by the City of Tigard. Tracts "C" and "D" are private roads serving certain Lots, which private roads shall be owned and maintained at the expense of the Association and are subject to a Public Utility Easement, Storm Sewer, and Sanitary Sewer Easement. 1.8 "Commonly Maintained Property" shall mean any property owned by a person or entity other than the Association for which the Association has an obligation to maintain, repair and/or replace. Commonly Maintained Property shall include, but not limited to, entrance monuments located on Lots 1 and 22. 1.9 "Declaration" shall mean the covenants, conditions, restrictions, and all other provisions set forth in this Declaration. . 1.10 "Declarant" shall mean and refer to Venture Properties, Inc., an Oregon corporation, and its successors or assigns,or any successor or assign to all or the remainder of its interest in the Property. • PAGE 2. DECLARATIONcocamienis and settingsVem ocal SettingsVranporary tntemd Fdes\OLK65\Draf CCR Dakota Gieadoc • • • 1.11 "General Plan of Development" shall mean Declarant's general plan of development of the Property, as approved by appropriate governmental agencies, as may be amended from time to time. 1.12 "Home" shall mean and refer to any portion of a structure situated on a Lot and designed and intended for use and occupancy as a residence by a single family or household. 1.13 "Lot" shall mean and refer to each and any of Lots 1 through 24 any Lots which may be subsequently annexed to Dakota Glen by any supplemental declaration and/or plat submitting Additional Property to the terms of this Declaration; provided, however, that "Lot" shall not include any Tract depicted on any plat. 1.14 "Members" shall mean and refer to the Owners of Lots in Dakota Glen. 1.15 "Mortgage" means a recorded first mortgage, first trust deed, a first contract of sale that that creates a first lien against a Lot, and "mortgagee" means the holder, beneficiary or lender of such mortgage, trust deed or contract of sale,but only when such holder, beneficiary or vendor notifies the Association in writing of the existence of such mortgage and gives the Association a current name and mailing address. 1.16 "Occupant" shall mean and refer to the occupant of a Home,whether such person is an Owner, a lessee or any Other person authorized by the Owner to occupy the Home. • 1.17 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession of a Lot under a land sale contract. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performance of-an obligation. 1.18 "Nat" shall mean and refer to the Plat of Dakota Glen recorded in the Plat Records of Washington County,Oregon, as Document No. on 200_ or any supplemental or amended plats annexing any additional Lots and Common Area Tracts to Dakota Glen. 1.19 "Private Road" shall mean certain roadways within the Plat of Dakota Glen known as Tracts "C" and "D" and any Tracts designated a's private. on any supplemental plat which serve as a means of access to only certain Lots. 1.20 " " shall have the meaning attributed to such term in the Recitals of this Declaration. 1.21 "Reserve Account(s)" shall mean and refer to an account set up by the Board to hold funds for construction, improvements or maintenance of the Common Area and the Commonly Maintained Property. • PAGE 3. DECLARATIONmoamients and Settings4enAlxcal Settingffemporary Internet F'ucs\OLK6ADra8 CCR Dakota Glmdac . • • 1.22 "Rules and Regulations" shall mean and refer to the documents containing rules and regulations and policies adopted by the Board or the Neighborhood Design Review Committee, as may be from time to time amended. 1.23 "Dakota Glen" shall mean Lots 1 through 24 of the Property, Tracts "A" through "D" as designated on the Plat of Dakota Glen, together with such Additional Property as may be subsequently annexed and subjected to this Declaration. 1.24 "Tracts" shall mean and refer to Tracts "A" through "D" as shown on the Plat together with any Tracts located on the Additional Property as may be subsequently annexed and subjected to this Declaration. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Initial Development. The Property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in City of Tigard, Washington County, Oregon, and described in that certain Plat map entitled "Dakota Glen", filed in the plat records of Washington County, Oregon. The initial development consists of Lots 1 through 24, and Common Area Tracts "A" through "D". Declarant does not intend to build any improvements other than the improvements delineated on the Plats for Dakota Glen. • 2.2 Annexation of Additional Property. Additional Property may be added by Declarant to Dakota Glen without the approval of any other Owner or the Association. Provided, however, such Additional Property must be residential Lots or Common Area Tracts, must abut - --- - to-some:portion of the Property or would abut except for intervening public-streets or other-— - - — publicly owned real property, and must be annexed by a supplemental declaration not later than twenty (20) years from the date the Declaration is recorded. The annexation of such real property shall be accomplished as follows: 2.2.1 Supplemental Declaration. The Owner Or Owners of such real property shall record a supplemental declaration which shall be executed by or bear the approval of Declarant and shall among other things, describe the real property to be annexed, establish land classifications for the Additional Property, establish any additional limitations, uses, restrictions, covenants and conditions which are intended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to this Declaration. 2.2.2 Annexed Property a Part of Dakota Glen. The property included in any such annexation shall thereby become a part of Dakota Glen and the Association shall accept and exercise administration of any supplemental declaration with respect to such property. 2.2.3 Voting Rights of Annexed Lots. Upon annexation, additional Lots so • annexed shall be entitled to voting rights as set forth in Section 7.3 below. PAGE 4. DECLARATIONmocuments and S ati gsyem\L«a1 Settings\Tanporazy Internet Faawr x651Draft CCR Dakota Glen.doc • • Ill 2.2.4 Annexed Lot Owners as Members. After complying with the procedures for annexation and upon conveyance of the first Lot in the annexed property to an Owner, Owners of Lots in the annexed property shall be Members, shall be subject to this Declaration and shall be entitled to the use and enjoyment of all Common Area in Dakota Glen in the manner and for the purpose for which such Common Areas are intended to be used and enjoyed. The Association shall reallocate the regular assessments to assess each Owner of a Lot in Dakota Glen an equal share of the total expenses of the Association. Provided, however, if there are Common Areas subsequently annexed to Dakota Glen which substantially benefit less than all the Lots, the cost to maintain, repair and replace the Common Area and the improvements thereon may be assessed equally against only the Lots receiving such benefit. 2.3 Deannexation and Amendment. Declarant reserves the right, at its sole option, to - (i) amend this Declaration or any supplemental declaration by executing and recording an amendment(provided that the amendment is consistent with this Article),or(ii)remove from the effect of this Declaration any property described in the Declaration or supplemental declaration concerning any Additional Property by executing and recording a rescission of the annexation of specified Lots or Tracts to this Declaration as long as all of the following conditions are satisfied at the time of the execution and recordation of the amendment or rescission: (a) no Lot in the Additional Property has been conveyed to an Owner; and (b) assessments have not commenced for any Lot in the annexed property. 2.4 Amendment. After the conversion of Class B membership to Class A iomembership, this Article may not be amended without the consent of Declarant as long as the Declarant owns a Lot or has a right to annex Additional Property to Dakota Glen. 2.5 . Annexation With Approval of Membership. In addition to the rights of Declarant . pursuant to Section.2.2; the -Association-or Declarant may--subject any real property to the provisions of this Declaration with the consent of the owner of such property, the affirmative vote of holders of at least seventy-five percent (75%) of the Class A voting power of the Association, and the written consent of the Class B Member, if any. Such annexation shall be accomplished by filing a supplemental declaration in the official records of Washington County, Oregon describing the property to be annexed and specifically subjecting it to the tenors of this Declaration. Any such supplemental declaration shall be signed by the.President and Secretary of the Association and by the owner of the annexed property. Any such annexation shall be effective upon the filing for record of such supplemental declaration, unless otherwise provided therein. ARTICLE 3 • OWNERSHIP AND EASEMENTS 3.1 Non-Severability. The interest of each Owner in the use and benefit of the Common Area shall be appurtenant to the Lot owned by the Owner. No Lot shall be conveyed - by the Owner separately from the interest in the Common Area. Any conveyance-of any Lot ioshall automatically transfer the right to use the Common Area without the necessity of express reference in the instrument of conveyance. There shall be no judicial partition of the Common PAGE 5. DECLARATIONc: oc and Sett setting'remporary Internet Files10LK65\Draf CCR Dakota Gien.doc • • • Area. Each Owner, whether by deed, gift, devise or operation of law, for such Owner's benefit and for the benefit of all other Owners, specifically waives and abandons all rights, interests and causes of action for judicial partition of any interest in the Common Area and agrees that no action for judicial partition shall be instituted, prosecuted or reduced to judgment. Ownership interests in the Common Area and Lots are subject to the easements granted and reserved in this Declaration. Each of the easements granted or reserved herein shall be deemed to be established upon the recordation of this Declaration and shall thenceforth be deemed to be covenants running with the land for the use and benefit of the Owners and their Lots and shall be superior to all other encumbrances applied against or in favor of any portion of Dakota Glen. 3.2 Ownership of Lots. Title to each Lot in Dakota Glen shall be conveyed in fee to an Owner. If more than one person and/or entity owns an undivided interest in the same Lot, such persons and/or entities shall constitute one Owner. 3.3 Ownership of Common Area. Subject to subsection 3.5, title to any Common Area shall be conveyed to the Association not later than sixty (60) days after seventy-five percent (75%) of the total number of Lots which may be annexed and become subject to this Declaration have been conveyed to purchasers or ten(10) years from the date of this Declaration, whichever is earlier. Nothing herein shall prevent the Declarant from conveying the Common Area to City of Tigard, Washington County, Clean Water Services or any governmental body as provided in Section 3.5 or to the Association at an earlier time. • 3.4 Easements. Individual deeds to Lots may, but shall not be required to, set forth the easements specified in this Article. 3.4.1 Easements on Plat. The Common Area and Lots are subject to the - --- easements and rights-of.-way_-shown on the Plat and on any supplemental plat. ----- - - - - - - - 3.4.2 Easements for Common Area. Every Owner shall have a non-exclusive right and easement of use and enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot. Such easement is subject to ORS 94.665, as may be amended from time to time. 3.4.3 Easements Reserved by Declarant. So long as Declarant owns any Lot, Declarant reserves an easement over, under and across the Common Area in order to carry out sales activities necessary or convenient for the sale of Lots. In addition, Declarant hereby reserves to itself, its successors and assigns for the Owners of Lots in all future construction of ,Dakota Glen a perpetual easement and right-of-way for access over, upon and across the Common Area for construction, utilities, communication lines, drainage, and ingress and egress for the benefit of other property owned by Declarant and potential future phases whether or not the lots and tracts in such future phases are ever annexed and become subject to this Declaration. Declarant, for itself and its successors and assigns,hereby retains a right and easement of ingress and egress to, from, over, in, upon,-under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident • to the construction of the improvements on the Property and any Additional Property whether or not same is annexed to Dakota Glen in such a way as not to interfere unreasonably with the PAGE 6. DECLARATIONcmocuments and Sethogslj®\Local SettineTanporary Internet Faeswuc65\Draft CCR Dakota Gleadoc • • • occupancy, use, enjoyment or access to an Owner's Lot by such Owner or such Owner's family, tenants,employees, guests or invitees. 3.4.4 Annexation of Additional Property. Upon the recordation of a supplemental declaration annexing any of the Lots, the Owners of Lots in the annexed Additional Property shall have the benefit and use of all the easements specified in this Article in the same manner and to the same degree as existing Lot Owners. 3.4.5 Additional Easements. Notwithstanding anything expressed or implied to the contrary, this Declaration shall be subject to all easements granted by Declarant for the installation and maintenance of utilities and drainage facilities necessary for the development of Dakota Glen. No structure, planting or other material that may damage or interfere with the installation or maintenance of utilities, that may change the direction of flow of drainage channels in the easements, or that may obstruct or retard the flow off water through drainage channels in the easement areas shall be placed or permitted to remain within any easement area. 3.4.6 Association's Easements. Declarant grants to the Association and its duly authorized agents and representatives such easements over the Lots and Common Area as are necessary to perform the duties and obligations of the Association, as set forth in this Declaration,the Bylaws, and the Articles, as the same may be amended. 3.4.7 Easement to Governmental Entities. Declarant grants a non-exclusive • easement over the Common Area to all governmental and quasi-government entities, agencies, utilities, and their agents for the purposes of performing their duties as utility and service providers. 3.4.8 Perimeter Easement Benefiting- Association. ---Declarant-:grants to the Association and its duly authorized agents and representatives an easement over that perimeter portion of each Lot that is included within the building setbacks set by applicable ordinances for the purposes of installation, maintenance, repair, and replacement of utilities, communication lines, and drainage. The Board may grant or convey the easements reserved herein to any governmental body or agency and/or any public or private utility company or provider, upon a two-thirds(2/3)vote of the Board members at a duly called and held Board meeting. 3.4.9 Mutual Wall Maintenance and Repair Easement All Lots and Tracts are subject to mutual Wall Maintenance and Repair Easements where retaining walls are located on a Lot(s) or Tract(s) or are within five (5) feet of a common boundary line between adjoining Lots or Tracts. The Owners of the Lots or Tracts on which the walls are located shall be responsible for any required maintenance and repair of such walls and the Owners of the Lots and Tracts shall have the right to repair the wall along their common lot line. The repair area shall be five(5) feet on each side of the lot line between the Lots and Tracts. 3.5 Declarants Right to Dedicate Common Area and Grant Easements: Board's Authority After Title Transferred to Association. Declarant reserves the right and power to • dedicate and/or convey any portion or all of the Common Area Tracts to any governmental body or agency. Declarant further reserves the right and power to grant an easement over such Tracts PAGE 7. DECLARATIONc:\Documents and Se ingsljem\L,oca!Settings\Temporary Internet Files\oLK65\Draft CCR.Dakota Glmdoc • • to any governmental body or agency or any public or private utility company or provider. Declarant's rights and power under this Section 3.5 shall expire upon as to each Tract when it is conveyed to the Association. Thereafter, the Board shall have the same powers reserved to Declarant and may exercise such power upon a two-thirds (2/3) or greater vote of the Board members at any duly called and held Board meeting. The provisions.of this Section 3.5 shall control over any provisions to the contrary contained in any other Section of the Declaration; provided,however,none of the rights under this Section 3.5 shall deprive the Owners of the Lots from using such Tracts for access to their Lots. ARTICLE 4 LOTS AND HOMES 4.1 Residential Use. Lots shall only be used for residential purposes. No business • venture or commercial activity shall be conducted on a Lot or in or about any property in Dakota Glen except for one-room offices that are not designated by exterior sign(s) and which does not become an undo burden on or nuisance to residents of Dakota Glen. Only normal residential activities shall be observable outside of the residence and that the activities shall not.be in violation of applicable local government ordinances. Nothing in this Section 4.1 shall be deemed to prohibit (a) activities relating to the sale of residences, (b) the right of Declarant or any contractor or homebuilder to construct residences on any Lot, to store construction materials and equipment on such Lots in the normal course of construction, and to use any residence as a sales • office or model home for purposes of sales in Dakota Glen, and (c) the right of the Owner of a Lot to maintain such Owner's personal business or professional library, keep such Owner's personal business or professional records or accounts, handle such Owner's personal business or professional telephone calls or confer with business or professional associates, clients or - - customers in-such Owner's-residence-in-conformance with t h e ordinances of t h e City of T i g a r d.. . ..... ....- :- - 4.2 Landscaping. Landscaping for all portions of the Lot shall be completed within twelve (12) months after final building inspection by the local government jurisdiction. Owners shall keep all shrubs, trees, grass and plantings of every kind on his/her Lot or within the street right-of-way adjacent thereto neatly trimmed, irrigated, properly cultivated and free of trash, weeds, and other unsightly material. Street trees in front of an Owner's Home shall be irrigated and maintained by such Owner as required by City of Tigard or any other governing jurisdiction. Owners shall not remove or move street trees. 4.3 Maintenance of Lots and Homes. Each Owner shall maintain such Owner's Lot and all improvements thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire or environmental hazard. Such maintenance shall include, without limitation, painting, repair, replacement, and maintenance of roofs, siding, windows, doors, garage doors, gutters, walks,patios, chimneys, street trees, and other exterior improvements and glass surfaces. All repainting or restaining and exterior remodeling shall be subject to prior review and approval by the COMMITTEE. Each Owner shall repair damage caused to such Owner's Lot or improvements located thereon by fire, flood, storm, earthquake, riot, vandalism, • or other causes within a reasonable period. PAGE 8. DECLARATIONcoommens and settingcyem\Local setbngslTemporary Internet Files\OLK651Draft CCR Dakota Gtoadoc I S • 4.4 Rental of Homes. An Owner may rent or lease such Owner's Home or a portion thereof,provided that the following conditions are met: 4.4.1 Written Rental Agreements Required. The Owner and the tenant enter into a written rental or lease agreement specifying that (i) the tenant shall be subject to all provisions of the Declaration, Bylaws and Rules and Regulations, and (ii) a failure to comply with any provision of the Declaration, Bylaws and Rules and Regulations shall constitute a default under the rental or lease agreement; 4.4.2 Minimum Rental Period. The period of the rental or lease is not less than thirty(30)days; 4.4.3 Tenant Must be Given Documents. The Owner gives each tenant a copy of the Declaration,Bylaws and Rules and Regulations. 4.5 Animals. No animals, livestock or poultry of any kind, other than a reasonable number of household pets that are not kept, bred or raised for commercial purposes and that are reasonably controlled so as not to be a nuisance, shall be raised, bred, kept or permitted within any Lot. Any Lot owner who maintains any pet upon any portion of Dakota Glen shall be deemed to have agreed to indemnify and hold the Association, each of its members and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet. Such owner shall further abide by all • governmental sanitary laws and regulations, leash and other local and state laws relating to,pets. 4.6 Nuisance. No noxious, harmful or offensive activities shall be carried on upon any Lot or Common Area,nor shall anything be done or placed on any Lot or Common Area that interferes with or jeopardizes the enjoyment of;-or-that is a source of annoyance to,-the Owner.or _ other Occupants. 4.7 Parking. Parking of boats,trailer RVs and like equipment shall not be allowed on public rights-of-way or in a driveway for more than twenty-four(24) hours and then for the sole purpose of loading and unloading only. No commercial vehicle with a gross vehicle weight of more than 8,000 pounds, trailer, travel trailer or motor coach may be parked over night on any street within Dakota Glen and/or in violation of the City of Tigard. Boats, trailers, motor coaches, mobile homes, campers, and other recreational vehicles or equipment, regardless of weight, shall not be parked on any part of the Common Area. Permanent storage of the above listed vehicles shall be secured offsite by Owner. Any offsite storage fees shall be at the owner's expense - 4.8 Vehicles in Disrepair. No Owner shall permit any vehicle that is in a state of disrepair or that is not currently licensed to be abandoned or to remain parked upon the Common Area or on any street on or adjacent to the Property at any time and may not permit them on a Lot for a period in excess of forty-eight(48)hours. • 4.9 Signs. No signs shall be erected or maintained on any Lot except that not more than one(1) "For Sale" or"For Rent" sign placed by the Owner or by a licensed real estate-agent, PAGE 9. DECLARATIONcoocuments and saangsyem\Local Settingffemporary Internet FaewLrc65\Draft CCR Dakota Gleadoc • • not exceeding twenty-four (24) inches high and thirty-six (36) inches long, may be temporarily displayed on any Lot. However, Declarant and or its agents or assigns may erect and maintain signs of any size at model home(s) or other area designated by Declarant. The restrictions contained in this Section 4.9 shall not prohibit the temporary placement of "political" signs on any Lot by the Owner or Occupant. Provided, however, political signs shall be removed within three(3)days after the election day pertaining to the subject of the sign. 4.10 Rubbish and Trash. No Lot or part of the Common Area shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal and out of public view. Declarant may use containers for recycling or construction debris during the build-out of Dakota Glen. 4.11 Fences and Hedges. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3)and ten(10) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property . lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Any fencing installed by Lot Owners shall be six (6) foot high cedar"good neighbor fencing or other fencing approved • by Declarant in writing prior to installation. No chain link or cyclone fencing is allowed. Any fencing installed by a Lot Owner shall be in accordance with all City of Tigard ordinances. Lot owner shall maintain all fencing in good condition. - - --- --- --- -4.1.2- - Service Facilities.---Service-facilities (garbage containers, fuel tanks,clotheslines,---- • -------- - etc.) shall be screened such that such facilities are not visible at any time from the street. All telephone, electrical, cable television and other utility installations shall be placed underground in conformance with applicable law. 4.13 Antennas and Satellite Dishes. Except as otherwise provided by law or this section, no exterior antennas, satellite dishes, microwave, aerial, tower or other devices for the transmission or reception of television, radio or other forms of sound or electromagnetic radiation shall be erected, constructed or placed on any Lot except for "mini" satellite dishes, which do not exceed two (2) feet in diameter. Owners shall not place such antennas, satellite dishes or other transmission devices in the front yard, on the front porch or on the front of the house if signals of acceptable quality can be received by placing such device in an alternative location. 4.14 Grades, Slopes and Drainage. Declarant has developed a storm drainage system ("Community Erosion Control Plan"), which addresses water run-off for the entire property. This means that unfiltered surface water and sediment can traverse other Lots before reaching a storm water facility. Silt fencing has been installed in conjunction with the final site grading, in 41) areas designated on the construction documents that meets the local storm water agency's guidelines for surface erosion control. Usually, the normal location for silt fencing is on or PAGE 10. DECLARATIONc:\no and settingsljem\Local sdtin \Tanpaary Internet Files\0LK65\Draft CCR Dakota Gl®-doc • • • adjacent to the property line to protect rear and side sloping areas and adjacent to the curb to protect front sloping areas. It should be noted that the purpose of silt fencing is to control . erosion only, and that storm water and some sediment can be expected to travel downhill from higher elevation Lots through lower elevation Lots to its final destination in a storm water facility. No structure, planting or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with the grading plan developed by the Declarant. There shall be no interference with the established drainage patterns or systems over or through any Lot within Dakota Glen so as to affect any other Lot or Common Area or any real property outside Dakota Glen unless adequate alternative provision is made for proper drainage and is approved by the Declarant. The term "established drainage" shall mean the drainage swales, conduits, inlets and outlets designed and constructed for Dakota Glen. Once the Declarant has conveyed title to any subsequent purchaser, either to an Owner or other homebuilder, the established sloping areas of each Lot and all improvements on each Lot shall be maintained continuously by the Owner of the Lots to preserve Declarant's designed drainage and grading plan, except for those improvements for which a public authority or utility company is responsible. Declarant reserves the right to modify the Community Erosion Control Plan during the development of the property and construction of homes in the subdivision. 4.15 Tree Cutting Restrictions. In no event shall any existing trees be removed without the written authority of the City of Tigard. If the Owner has a certified arborist declare that the tree is diseased or otherwise a hazard, then the Owner may petition the City of Tigard, and the City may or may not require that replacement plantings are provided. If one of the named trees is • removed without written authority of the City of Tigard, Owner shall be required to provide replacement consistent with the tree ordinance of the City of Tigard and Owner shall bear all costs, including reasonable attorney fees, of compliance. - 4.16. .Damage or Destruction to Home and/or-Lot. -If-all or any portion-of-a--Lot-or-- -- _ - Home is damaged by fire or other casualty, the Owner shall either (i) restore the damaged improvements or (ii) remove all damaged improvements, including foundations, and leave the Lot in a clean and safe condition. Any restoration proceeding under(i) above must be performed so that the improvements are in substantially the same condition in which they existed prior to the damage, unless the provisions of Article 6 are complied with by the Owner. The Owner must commence such work within sixty (60) days after the damage occurs and must complete the work within six(6)months thereafter. 4.17 Right of Maintenance and Entry by Association. If an Owner fails to perform maintenance and/or repair that such Owner is obligated to perform pursuant to this Declaration, and if the Board determines, after notice, that such maintenance and/or repair is necessary to preserve the attractiveness, quality, nature and/or value of Dakota Glen, the Board may cause such maintenance and/or repair to be performed and may enter any such Lot whenever entry is necessary in connection with the performance thereof. An Owner may request, and the Board shall conduct, a hearing on the matter. The Owner's request shall be in writing delivered within five (5) days after receipt.of the notice, and the hearing shall be conducted within not less than five (5) days nor more than twenty (20) days after the request for a hearing is received. Entry • shall be made with as little inconvenience to an Owner as practicable and only after advance written notice of not less than forty-eight (48) hours, except in emergency situations. The costs PAGE 11. DECLARATIONconnumenta and sarings*m\ ocal Settings1Temporary Internet FileAOLK65\Draf CCR Dakota Glen.doc • • • • of such maintenance and/or 'repair shall be chargeable to the Owner of the Lot as a Reimbursement Assessment, which may be collected and enforced as any other assessments authorized hereunder. 4.18 Association Rules and Regulations. The Board from time to time may adopt, modify or revoke such Rules and Regulations governing the conduct of persons and the operation and use of Lots and the Common Area as it may deem necessary or appropriate to assure the peaceful and orderly use and enjoyment of the Property and the administration and operation of the Association. A copy of the Rules and Regulations,upon adoption, and a copy of each amendment,modification or revocation thereof, shall be delivered by the Board promptly to each Owner and shall be binding upon all Owners and occupants of all Lots upon the date of delivery or actual notice thereof. The method of adoption of such Rules and Regulations shall be provided in the Bylaws of the Association. Subject to approval or consent by the Board, the COMMITTEE may adopt rules and regulations pertinent to its functions. 4.19 Ordinances and Regulations. The standards and restrictions set forth in this Article 4 shall be the minimum required. To the extent that local governmental ordinances and regulations are more restrictive or provide for a higher or different standard, such local governmental ordinances and regulations shall prevail. 4.20 Temporary Structures. No structure of a temporary character or any trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot as a residence, • either temporarily or permanently. 4.21 Rock Walls. Engineered boulder rock walls or keystone walls may have been installed on,behind or between Lots during the development of Dakota Glen. If such walls were :.. - installed, Owners shall-not add additional-rock to or alter these existing walls.without the prior - ..- - written approval of Declarant prior to Turnover and the Association after Turnover and the applicable governing jurisdiction. Maintenance or repair of the Walls shall be the responsibility of the Owners of the Lot(s)where the Walls are located. 4.22 Declarant Exemptions. The Declarant shall be exempt from the application of Section 4.9. • ARTICLE 5 COMMON AREA 5.1 Use of Common Areas. Use of the Common Area is subject to the provisions of the Declaration, Bylaws, Articles and the Rules and Regulations adopted by the Board. There shall be no obstruction of any part of the Common Area. Nothing shall be stored or kept in the Common Area without the prior written consent of the Board. No alterations or additions to the Common Area shall be permitted without the prior written consent of the Board. • There shall be no parking, loading, unloading or "standing" of any kind or of any type of vehicle on the Common Area for any length of time. PAGE 12. DECLARATIONmoocuments and SettingsVezn1Local sarmgs\Temporary Internet Files\0LK65\Dra8 CCR Dakota Glan.doc - • • • 5.2 Maintenance of Common Area. The Association shall be responsible for maintenance, repair, replacement, and upkeep of the Common Area at the equal expense of the Owners of the Lots, except where such maintenance is provided by the City of Tigard, Washington County, a government agency or utility company. The Association shall keep the Common Area in good condition and repair, provide for all necessary services and cause all acts to be done which may be necessary or proper to assure the maintenance of the Common Area. 5.3 Alterations to Common Area. Only the Association shall construct, reconstruct, or alter any improvement located on the Common Area. A proposal for any construction of or alteration, maintenance or repair to any such improvement may be made at any Board meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws or this Declaration. 5.4 Funding. Expenditures for alterations, maintenance or repairs to an existing improvement for which a reserve has been collected shall be made from the Reserve Account. 5.5 Landscaping. All landscaping on any Lot or on the Common Area shall be maintained and cared for in a manner that is consistent with Declarant original approval of such landscaping. Weeds and diseased or dead lawn, tree, ground cover or shrubs shall be removed and replaced. Lawns shall be neatly mowed and trees and shrubs shall be neatly trimmed • 5.6 Condemnation of Common Area. If all or.any portion of the Common Area is taken for any public or quasi-public use under any statute, by right of eminent domain or by purchase in lieu of eminent domain, the entire award shall be received by and expended by the Board in a manner that, in the Board's discretion, is in the best interest of the Association and the --.. ----------Owners: The Association shall.represent the interest of all Owners-in- any--negotiations,-suit,--------- --- action or settlement in connection with such matters. 5.7 Damage or Destruction of Common Area. If all or any portion of the Common • Area is damaged or destroyed by an Owner or any of Owner's guests, Occupants, tenants, licensees, agents or members of Owner's family in a manner that would subject such Owner to • liability for such damage under Oregon law, such Owner hereby authorizes the Association to repair such damage. The reasonable costs incurred in connection of such repairs shall become a special assessment upon the Lot and against the Owner who caused or is responsible for such damage. 5.8 Power of Association to Sell, Dedicate or Transfer Common Area. As provided in ORS 94.665, the Association may sell, dedicate, transfer, grant a security interest in, or grant an easement for installation and maintenance of utilities or for similar purposes with respect to, any portion of the Common Area. Except for grants of easements to any governmental body or agency or granted for utility-related purposes, no such sale, dedication, transfer, or grant of a security interest shall be effective unless approved by eighty percent (80%) of the votes of both Class A and Class B members. Provided further, if there is only one class of votes, such sale, • dedication, transfer, or grant of a security interest (other than a grant of an easement for utility- PAGE 13. DECLARATIONcmocuments and s yem\Loca!SettingsVfemporary Internet FdeaOLK65\Draft OCR Dakota Gl®.doc • iorelated purposes) must be approved by eighty percent (80%) of the votes held by Owners other than Declarant 5.9 Public Use of Lands. ORS 105.672 through 105.700 exculpate owners of lands who allow the general public upon their lands for purposes of recreation, and the liability of the Declarant and the Association and its members shall be limited as provided thereby. • ARTICLE 6 NEIGHBORHOOD DESIGN REVIEW COMMITTEE 6.1 Neighborhood Design Review Committee("Committee"). The Committee, which shall be a "Neighborhood Design Review Committee", initially shall be comprised of a representative of Declarant and/or such other person or persons appointed from time to time by Declarant, and such persons shall remain in office until Declarant relinquishes control of the Committee which shall occur on the earlier of (i)the date on which Declarant has conveyed all of the Lots to Owner, or(ii) resignation of the representative of Declarant or Declarant's appointee(s) and appointed successors. 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 Owner written notice requesting appointment of members to the Committee, and the Committee shall be comprised of one or more of the Owner appointed by the majority of the Owner responding to such • notice. After relinquishment of Declarant's control, the Committee shall be comprised of one or more Owners appointed by the majority of Owner responding to such notice. Declarant shall have no responsibility of 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 Declarant's relinquishment of control of the Committee, Declarant-shall-have-the right to-appoint--such member's_succe_ssor.In the event__:_ -. . -- of death or resignation of any member of the Committee after Declarant's relinquishment of control of the Committee,a new Committee member may be appointed by the majority of Owner. The term of office of Committee members shall run no more than 3 years,but may be repeated indefinitely if an incumbent member is appointed as provided in this Section. 6.2 Committee Design Review.No improvement shall be commenced on any Lot or any modification to the exterior of any existing improvement until the design plans (including exterior elevations, color and/or materials, location on the Lot and total square footage) of the proposed improvement have been submitted to and approved in writing by the Committee. Improvements shall be consistent with the Construction Requirements provided in Section 2 and any other design guidelines which may be established by the Committee and as may be amended from time to time. An application, incorporating the above requirements, must be submitted to the Committee for approval of any such improvement The Committee may charge a reasonable fee to cover the cost of processing an application for its approval. 6.3 Committee Decision. The Committee shall render a written decision on an application within 15 working days after it has received a completed written application. The • majority of the Committee shall have the power to act on behalf of the Committee.If the Committee PAGE 14. DECLARATIONcooannents and s yem\Local Settings\Temporary Internet Files\or.K65\Dra8 CCR Dakota Gtra.doc • • • fails to render an approval or denial of such complete application within 30 working days of submittal,such application shall automatically be deemed approved. 6.4 Committee Discretion. The Committee may, at its sole discretion withhold consent to any proposed Improvement if the Committee finds the proposed Improvement would be inappropriate for a particular Lot or incompatible with the design standards the Committee intends for Dakota Glen. 6.5 Nonwaiver. Consent by the Committee to any matter proposed to it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. • 6.6 Anneal. After Declarant has relinquished control of the Committee, any Owner adversely affected by an action of the Committee may appeal such action to the Committee. Appeals shall be made in writing within 10 days after the Committee's decision and shall contain specific objections or mitigating circumstances justifying an appeal. A final, conclusive decision shall be made by the Committee within 15 working days after receipt of such written appeal. 6.7 Declarant and Successor Exempt From Committee. The Declarant or a successor to all of the unsold Lots shall be exempt from the requirement to submit and have plans approved by the Committee. III6.8 Liability. Neither the Committee nor any member 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, or any member, provided that the member has acted in good faith in accordance with the actual knowledge possessed by them. ARTICLE 7 MEMBERSHIP IN THE ASSOCIATION; MANAGEMENT 7.1 Members. Each Owner shall be.a member of the Association. Membership in the Association shall be appurtenant to, and may not be separated from, ownership of any Lot. - Transfer of ownership of a Lot shall transfer automatically membership in the Association. Without any other act or acknowledgment, Occupants and Owners shall be governed and controlled by this Declaration, the Articles, Bylaws, and the Rules and Regulations of the Association and any amendments thereof. 7.2 Proxy. Each Owner may cast such Owner's vote in person, by written ballot or pursuant to a proxy executed by such Owner. An Owner may not revoke a proxy given pursuant to this Section 7.2 except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy shall not be valid if it is undated or purports to be revocable without . notice. A proxy shall terminate one (1) year after its date, unless the proxy specifies a shorter term PAGE 15. DECLARATIONcmocuments and SettingseeLocal SettingsVremporary Internet Fdas\OLK65\Draft ccR Dakota Gleadoc • - • 7.3 Voting Rights. The Association shall have two(2) classes of voting members: 7.3.1 Class A. Class A members shall be all Owners of Lots other than Declarant, and each Class A member shall be entitled to one (1) vote for each Lot owned with respect to all matters upon which Owners are entitled to vote. 7.3.2 Class B. The Class B member shall be Declarant, its successors and assigns. The Class B member shall have three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the earlier of the following dates (the "Termination Date"): (a) Twenty(20)years after the date the Declaration is recorded; or (b) The date on which Declarant elects in writing to terminate Class B membership. After the Termination Date, each Owner, including Declarant, shall be entitled to one (1) vote for each Lot owned with respect to all matters upon which Owners are entitled to vote,and the total number of votes shall be equal to the total number of Lots subject to this Declaration, initially or through annexation. • When more than one (1)person or entity owns a Lot, the vote for such Lot may be cast as they shall determine, but in no event shall fractional voting be allowed. Fractional or split votes shall be disregarded, except for purposes of determining a quorum. 7.4 Procedure. All meetings.of the Association, the_Board, the.COMMITTEE, and Association committees shall be conducted with such rules of order as may from time to time be adopted by the Board. Notwithstanding which rule of order is adopted, the President shall be entitled to vote on all matters, not merely to break a tie vote. A tie vote does not constitute a majority or approval of any motion or resolution. 7.5 Professional Management. The Board shall employ a professional manager to manage the affairs of the Association. Without the prior approval of holders of first Mortgages that represent at least fifty-one percent (51%) of the votes•of mortgaged Lots, the Association may not terminate professional management and assume self-management. In addition, such decision to establish self-management shall require prior approval of the Owners of Lots to which sixty-seven percent (67%) of the votes in the Association are allocated. Any agreement for professional management shall provide that the management contract may be terminated for cause on thirty(30)days' written notice. ARTICLE 8 DECLARANT CONTROL • PAGE 16. DECLARATIONmocuments and Settings\jernkLocal satings\Temporary Internet Files\oLK651Draft CCR Dakota GIen.doc • • • 8.1 Interim Board and Officers. Declarant hereby reserves administrative control of the Association. Declarant, in its sole discretion, shall have the right to appoint and remove members of an interim board (the "Interim Board"), which shall manage the affairs of the Association and be invested with all powers and rights of the Board until the Turnover Meeting (as hereinafter defined). The Interim Board shall consist of from one (1) to three (3) members. Notwithstanding the provision of this Section 8.1, at the Turnover Meeting, at least one (1) Director shall be elected by Owners other than Declarant, even if Declarant otherwise has voting power to elect all three(3)Directors. 8.2 Turnover Meeting. Declarant shall call a meeting for the purposes of turning over administrative control of the Association from Declarant to the Class A members upon the earlier of the following dates: 8.2.1 Twenty(20)years after the date this Declaration is recorded; or 8.2.2 The date on which Declarant has elected in writing to terminate Class B membership. Declarant shall give notice of the Turnover Meeting to each Owner as provided in the•Bylaws. If Declarant does not call the Turnover Meeting required under this Section, the transitional advisory committee or any Owner may do so. • ARTICLE 9 DECLARANT'S SPECIAL RIGHTS ----- .- - - 9.1 General. _Declarant is undertaking the work of developing Lots and other improvements within Dakota Glen. The completion of the development work and the marketing and sale of the Lots is essential to the establishment and welfare of the Property as a residential community. Until the Homes on all Lots on the Property have been constructed, fully completed and sold, with respect to the Common Area and each Lot on the Property, Declarant shall have the special rights set forth in this Article 9. 9.2 Marketing Rights. Declarant shall have the right to maintain a sales office and model on one or more of the Lots which Declarant owns. Declarant and prospective purchasers and their agents shall have the right to use and occupy the sales office and models during reasonable hours any day of the week. Declarant may maintain"For Sale" signs on the Property, including,without limitation,on the Common Area. 9.3 Declarant Easements. Declarant reserves easements over the Property as more fully described in Sections 3.4 and 3.5 hereof. 9.4 Additional Improvements. Declarant does not agree to build any improvements • not described in this Declaration. • PAGE 17. DECLARATIONcmocuments and s y:mv ocal SettingsVremporary Internet Fiies\OLK65\Draft CCR Dakota Gten.doc • • • • 9.5 Size and Appearance of Dakota Glen. Declarant shall not be prevented from increasing or decreasing the number of Lots that may be annexed to Dakota Glen or from changing the exterior appearance of the Common Area, including the landscaping or any other matter directly or indirectly connected with Dakota Glen in any manner deemed desirable by Declarant,provided that the Declarant obtains governmental consents required by law. ARTICLE 10 FUNDS AND ASSESSMENTS 10.1 Purpose of Assessments; Expenses. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, aesthetics and welfare of the Owners and Occupants of Dakota Glen, for the improvement, operation and maintenance of the Common Area and the Commonly Maintained Property, for the administration and operation of the Association, and for property and liability insurance. - 10.2 Covenants to Pay. Declarant and each Owner covenant and agree to pay the Association the assessments and any additional charges levied pursuant to this Declaration or the Bylaws. All assessments for operating expenses, repairs and replacement and reserves shall be allocated among the Lots and their Owners as set forth in Section 10.4.2. 10.2.1 Funds Held in Trust. The assessments collected by the Association shall • be held by the Association for and on behalf of each Owner and shall be used solely as set forth in Section 10.1. Upon the sale or transfer of any Lot, the Owner's interest in such funds shall be deemed automatically transferred to the successor in interest to such Owner. 10.2.2 Offsets. No offsets against any assessment shall be_permitted.for any reason, including, without limitation, any claim that the Association is not properly discharging its duties. 10.2.3 Right to Profits. Association profits, if any, shall be the property of the Association and shall be contributed to the Current Operating Account. 10.3 Basis of Assessment/Commencement of Assessments. The Declarant shall pay all common expenses of the Association until the Lots are assessed for common expenses. The amount of the initial annual assessment to Owners other than the Declarant shall be determined by the Declarant. Assessments are to be levied against all Lots whether or not such Lots have been improved with a completed Home; provided, however, the Declarant shall be exempt from paying the assessments on all Lots owned by it,as more specifically set forth below. 10.3.1. Commencement of Operating Assessments. The date of commencement of the operating portion of the assessment shall be determined by the Declarant however, in no event shall it commence later than the Turnover Meeting, provided,however, the Declarant shall be exempt from paying the operating portion of the assessment on all Lots owned by it. PAGE 18. DECLARATIONcoocumenis and Settinejem\Local Settingffemporary Internet Files 00LK65\Draft CCR Dakota Gleadoc • • • 10.3.2 Commencement of Reserves. The reserve portion of the assessment shall commence from date of conveyance of a Lot from the Declarant to a third party. The Declarant shall be exempt from paying the reserve assessments on all Lots owned by it. 10.3.3 Working Capital. At closing of the sale of each Lot, each purchaser shall contribute to the Association a sum equal to one-sixth(1/6) of the annual assessments, with respect to the Lot being purchased, as a one-time contribution to the working capital of the Association as more fully provided in the Bylaws. 10.4 Annual Assessments. Annual assessments for each fiscal year shall be established when the Board approves the budget for that fiscal year. The initial annual assessment shall be determined by Declarant and shall be prorated on a monthly basis at the time of the closing of the first sale from Declarant. For proration purposes, any portion of a month shall count as a full month. Annual assessments shall be payable on a periodic basis, not more frequently than monthly, as determined by the Board. The fiscal year shall be the calendar year unless another year is adopted by vote of the Association members. 10.4.1 Budgeting. Each year the Board shall prepare, approve and make available to each member of the Association a pro forma operating statement (budget) containing: (i) estimated revenue and expenses on an accrual basis; (ii) the amount of the total cash reserves of the Association currently available for replacement or major repair of the Common Area and Commonly Maintained Property and for contingencies; (iii) an itemized • estimate for the remaining life of, and the methods of funding to defray repair, replacement or additions to major components of such improvements as provided in Section 10.6.2; and (iv) a general statement setting forth the procedures used by the Board in the calculation and establishment of reserves to defray the costs of repair, replacement or additions to major components of the Common Area.and_the_Commonly Maintained Property. Notwithstanding _ that budgeting shall be done on an accrual basis, the Association's books shall be kept on a cash basis and the Association shall be a cash basis taxpayer, unless applicable governmental • regulations require otherwise. For the first fiscal year,the budget shall be approved by the Board no later than the date on which annual assessments are scheduled to commence. Thereafter, the Board shall annually prepare and approve the budget and distribute a copy or summary thereof to each Member, together with written notice of the amount of the annual assessments to be levied against the Owner's Lot, within thirty (30) days after adoption of such budget. If any Additional Property has been annexed, the Board shall approve a new budget for the remainder of the current fiscal year. 10.4.2 Allocation of Assessments. The total amount in the budget shall be charged equally against all Lots as annual assessments. 10.4.3 Nonwaiver of Assessments. If before the expiration of any fiscal year the Association fails to fix annual assessments for the next fiscal year, the annual assessments established for the preceding year shall continue until a new annual assessment is fixed. PAGE 19. DECLARATIONc:Docum and Sc r syav ocal SettingsMonporary Internet FileAOLK65\Draft CCR Dakota Gleadoc • • • 10.5 Special Assessments. The Board and/or the Owners shall have the power to levy special assessments against an Owner or all Owners in the following manner for the following purposes: 10.5.1 Correct Deficit. To correct a deficit in the operating budget, by vote of a majority of the Board; 10.5.2 Special Obligations of an Owner. To collect amounts due to the Association from an Owner for breach of the Owner's obligations under this Declaration, the Bylaws, or the Rules and Regulations, by vote of a majority of the Board; 10.5.3 Repairs. To collect additional amounts necessary to make repairs or renovations to the Common Area or Commonly Maintained Property if sufficient funds are not available from the operating budget or replacement reserve accounts,by vote of a majority of the Board; or 10.5.4 Capital Improvements. To make capital acquisitions, additions or improvements, by vote of at least eighty percent(80%)of all votes allocated to the Lots. 10.6 Accounts. III10.6.1 Types of Accounts. Assessments collected by the Association shall be deposited into at least two (2) separate accounts with a bank, which accounts shall be clearly designated as (i) the Current Operating Account and (ii) the Reserve Account. The Board shall deposit those portions of the assessments collected for current maintenance and operation into — -- - the-Current Operating Account and shall deposit those portions of the assessments collected as___ __ reserves for replacement and deferred maintenance of capital improvements into the Reserve Account Withdrawal of funds for the Association's Reserve Account shall require the signatures of either two (2) Directors or one (1) Director and an officer of the Association who is not a Director. In its books and records, the Association shall account separately for operating expenses relating to the Common Area/Commonly Maintained Property and operating expenses relating to all other matters, as well as for necessary reserves relating to the Common Area/Commonly Maintained Property and necessary reserves relating to all other matters. 10.6.2 Reserve Account Declarant shall establish a Reserve Account, in.the name of the Association, which shall be kept separate from all other funds held by the Association. The Association shall pay out of the Reserve Account only those costs that are attributable to the maintenance, repair or replacement of Common Area property and Commonly Maintained Property that normally requires replacement, in whole or in part, within three (3) to thirty (30) years and.not for regular or periodic maintenance and expenses. No funds collected for the Reserve Account may be used for ordinary current maintenance and operation purposes. 10.6.2.1 General Operating Reserve. The Board of Directors shall create and maintain a general operating reserve account by allocation and payment thereto monthly of an amount determined by the Board of Directors. This account shall be used to pay PAGE 20. DECLARATIONomocuments and satingsyemv ocal s \Temporary Internet Fues\or ic65\nras CCR Dakota cllm.doc • • expenses which exceed budgeted amounts. The initial working capital required by Section 6.3.1 of the Bylaws shall be deposited into such operating reserve account. 10.6.2.2 Special Reserves. Other special reserve funds may be set up by the Board of Directors by special assessments of the Lot owners who benefit thereby as may be required by the Declaration or otherwise determined by the Association to be appropriate. 10.6.2.3 Calculation of Reserve Assessment; Reserve Study. The Board of Directors of the Association annually shall conduct a reserve study, or review and update an existing study, of the Common Area and Commonly Maintained Property to determine the reserve account requirements. A reserve account shall be established for those items of the Common Area and Commonly Maintained Property all or part of which will normally require replacement in more than three and less than 30 years, for exterior painting, and for the maintenance, repair or replacement of other items as may be required under the Declaration or Bylaws or that the Board of Directors, in its discretion, may deem appropriate. The reserve account need not include items that could reasonably be funded from operating assessments. The reserve study shall include: (a) Identification of all items for which reserves are required to be established; • (b) The estimated remaining useful life of each item as of the date of the reserve study; • (c) The estimated cost of maintenance, repair or replacement --- of each item at the end of its useful_life; and ___ -_ - __ (d) A 30-year plan with regular and adequate contributions, adjusted by estimated inflation and interest earned on reserves, to meet the maintenance, repair and replacement schedule. The reserve account assessment shall be allocated pursuant to Section 10.4.2. 10.6.2.4 Loan From Reserve Account. After the Turnover Meeting described in Section 8.2, the Board may borrow funds from the Reserve Account to meet high seasonal demands on the Association's regular operating fund or to meet unexpected increases in expenses. Funds borrowed must be repaid later from assessments. The Board shall adopt a resolution, which may be an annual continuing resolution, authorizing the borrowing of funds. Not later than the adoption of the budget for the following year, the Board shall adopt by resolution a written payment plan providing for repayment of such fiords within a reasonable • 10.6.2.5 Increase or Reduction of Reserve Account Assessment At any time after the second year after the Turnover Meeting, future assessments for the Reserve PAGE 21. DECLARATIONCADocuments and s \janv ocal settingffemporary Internet Faa\ot.Kc65\nraft CCR Dakota Glea doc • • • Account may be increased or reduced by the vote of Owners of Lots representing seventy-five percent (75%) of the votes computed in accordance with Section 7.3; provided, however, this authority of the Owners shall not limit the authority of the Board of Directors to increase or decrease future assessments for the Reserve Account based on reserve studies or updates to any reserve studies. 10.6.2.6 Investment of Reserve Account. Nothing in this Section 10.6 prohibits the prudent investment of Reserve Account funds, subject to any constraints imposed by the Board,the Bylaws or the Rules and Regulations. 10.6.2.7 Refunds of Assessments. Assessments paid into the Reserve Account.are the property of the Association and are not refundable to sellers or Owners of Lots. Sellers or Owners of Lots may treat their outstanding share of the Reserve Account's balance as a separate item in the sales contract providing for the conveyance of their Lot. 10.6.3 Current Operating Account. All costs other than those to be paid from the Reserve Account pursuant to Section 10.6.2 may be paid from the Current Operating Account. 10.7 Default in Payment of Assessments,Enforcement of Liens. 10.7.1 Personal Obligation. All assessments properly imposed under this Declaration or the Bylaws shall be the joint and several personal obligation of all Owners of the SLot to which such assessment pertains. In a voluntary conveyance (that is, one other than through foreclosure or a deed in lieu of foreclosure), the grantees shall be jointly and severally liable with the grantors for all Association assessments imposed through the recording date of the instrument effecting the conveyance. A suit for a money judgment may be initiated by the Association to recover such assessments without either waiving or foreclosing_the_Asso_ciatio n's _ _ _ lien. 10.7.2 Association Lien. The Association shall have a lien against each Lot for any assessment (of any type provided for by this Declaration or the Bylaws) or installment thereof is delinquent. Such lien shall accumulate all future assessments or installments, interest, late fees, penalties, fines, attorneys' fees (whether or not suit or action is instituted), actual administrative costs, and other appropriate costs properly chargeable to an Owner by the Association, until such amounts are fully paid. Recording of the Declaration constitutes record notice and perfection of the lien. Said lien may be foreclosed at any time pursuant to the Planned Community Act. The Association shall record a notice of a claim of lien for assessments and other charges in the deed records of Washington County, Oregon, before any suit to foreclose may be filed. The lien of the Association shall be superior to all other liens and encumbrances except property taxes and assessments, any first mortgage, deed of trust or land sale contract recorded before the Association's notice of lien and any mortgage or deed of trust granted to an institutional lender that is recorded before the Association's notice of lien. • ARTICLE 11 PAGE 22. DECLARATIONcmocuments and Settmgs'jem\L.ocal Sdangs\Temporary Internet Files\OLK65\Draft CCR Dakota Glen.doc • • • GENERAL PROVISIONS 11.1 Records. The Board shall preserve and maintain minutes of the meetings of the Association, the Board and any committees. The Board also shall keep detailed and accurate financial records, including individual assessment accounts of Owners, the balance sheet, and income and expense statements. Individual assessment accounts shall designate the name and address of the Owner or Owners of the Lot, the amount of each assessment as it becomes due, the amounts paid upon the account, and the balance due on the assessments. The minutes of the Association, the Board and Board committees, and the Association's financial records shall be maintained in the state of Oregon and reasonably available for review and copying by the Owners. A reasonable charge may be imposed by the Association for providing copies, including charges for administrative time. 11.2 Indemnification of Directors, Officers, Employees and Agents. The Association shall indemnify any Director, officer, employee or agent who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil,criminal,administrative or investigative(other than an action by the Association) by reason of the fact that such person is or was a Director, officer, employee or agent of the Association or is or was serving at the request of the Association as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by said person in connection with such suit, action or proceeding if such • person acted in good faith and in a manner that such person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had no reasonable cause to believe that such person's conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or with a plea of nolo contendere or its_equivalent, shall not of itself create a presumption that a person did not act in good faith and in a manner which such person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had reasonable cause to believe that such person's conduct was unlawful. Payment under this clause may be made during the pendency of such claim, action, suit or proceeding as and when incurred, subject only to the right of the Association to reimbursement of such payment from such person, should it be proven at a later time that such person had no right to such payments. All persons who are ultimately held liable for their actions on behalf of the Association as a Director, officer, employee or agent shall have a right of contribution over and against all other Directors, officers, employees or agents and members of the Association who participated with or benefited from the acts which created said liability. 11.3 Enforcement; Attorneys' Fees. The Association and the Owners and any mortgagee holding an interest on a Lot shall have the right to enforce all of the covenants, conditions,restrictions,reservations, easements, liens and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Owners by any proceeding at law or in equity. Failure by either the Association or by any Owner or mortgagee to enforce any covenant, condition or restriction herein contained shall in no event be • deemed a waiver of their right to do so thereafter. In the event suit or action is commenced to enforce the terms and provisions of this Declaration (including without limitations, for the PAGE 23. DECLARATIONC:+no and Sc gs nu oc setting+ray Internet FaawLu65\nraa CCR Dakota cleaaoc • • • collection of assessments), the prevailing party shall be entitled to its actual administrative costs incurred because of a matter or event which is the subject of the suit or action, attorneys' fees and costs in such suit or action to be fixed by the trial court, and in the event of an appeal,the cost of the appeal, together with reasonable attorneys' fees, to be set by the appellate court. In addition thereto, the Association shall be entitled to its reasonable attorneys' fees and costs incurred in any enforcement activity or to collect delinquent assessments, together with the Association's actual administrative costs,whether or not suit or action is filed. 11.4 Association Litigation. No litigation shall be commenced against the Declarant or any Owner of a Lot in respect to any alleged defect in a Home or on any Common Area except in compliance with the process set forth in Oregon Revised Statutes 701.560 to 701.595. 11.5 Severability. Invalidation of any one of these covenants,conditions or restrictions by judgment or court order shall not affect the other provisions hereof and the same shall remain in full force and effect. 11.6 Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the land for a term of thirty-five (35) years from the date of this Declaration being recorded,after which time they shall be automatically extended for successive periods of ten(10) years, unless rescinded by a vote of at least ninety percent (90%) of the Owners and ninety • percent(90%)of the first mortgagees; provided,however,that amendments that do not constitute rescission of the planned community may be adopted as provided in Section 11.7 and that if any • of the provisions of this Declaration would violate the rule against perpetuities or any other limitation on the duration of the provisions herein contained imposed by law,then such provision shall be deemed to remain in effect only for the maximum period permitted by law or, in the event the rule against perpetuities applies, until twenty-one (21) years after the death of the last survivor of the now living descendants of Ex-President George Bush. 11.7 Amendment. Except as otherwise provided in Section 11.6 or ORS 94.590, and the restrictions set forth elsewhere herein, this Declaration may be amended at any time by an instrument approved by not less than seventy-five percent (75%) of the total votes of each class of members that are eligible to vote. Any amendment must be executed, recorded and certified as provided by law; provided, however, that no amendment of this Declaration shall effect an amendment of the Bylaws or Articles without compliance with the provisions of such documents, and the Oregon Nonprofit Corporation Act and that no amendment affecting the general plan of development or any other right of Declarant herein contained may be effected without the express written consent of Declarant or its successors and assigns, including, without limitation,amendment of this Section 11.7. 11.8 Release of Right of Control. Declarant may give up its right of control in writing at any time by notice to the Association. 11.9 Unilateral Amendment by Declarant. In addition to all other special rights of Declarant provided in this Declaration,Declarant may amend this Declaration in order to comply • with the requirements of the Federal Housing Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal PAGE 24. DECLARATIONc:Docurnenu and Settings ye n\Local SettingskTemporaty Internet FuakOLK65\Draft CCR Dakota Gteadoc • • . • Home Mortgage Loan Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any other state in which the Lots are marketed and sold, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon, or such other state, the approval of which entity is required in order for it to insure, guarantee or provide financing in connection with development of the Property and sale of Lots. Prior to the Turnover Meeting, no such amendment shall require notice to or approval by any Class A member. 11.10 Resolution of Document Conflicts. In the event of a conflict among any of the provisions in the documents governing Dakota Glen, such conflict shall be resolved by looking to the following documents in the order shown below: 1. Declaration; 2. Articles; 3. Bylaws; 4. Rules and Regulations. IN WITNESS WHEREOF, Declarant has executed this instrument this day of ,2005. VENTURE PROPERTIES, INC., 1111 an Oregon corporation By: Kelly Ritz,President STATE OF OREGON ) , 2005 County of ) Personally appeared Kelly Ritz who, being duly sworn, did say that he/she is the President of Venture Properties, Inc., an Oregon corporation, and that the foregoing instrument was signed in behalf of said company/corporation; and acknowledged said instrument to be its voluntary act and deed. • NOTARY PUBLIC FOR OREGON • PAGE 25. DECLARATIONCADocuments and settingsyem\Local SettingsVrenvorary Internet Files\OLK6RDraft CCR Dakota Glea.doc • ,,Y. DAKOTA GLEN PLANNED DEVELOPMENT S . W . Y4SEC . alpha TiS , R1 W , W • M • . COMeUNITY DEVELOPMENT . I IR R N A D 9600 SW Oak, Suite 230 Portland, OR 97223 P R 0 J E T TEAM : --- [1] 503-452-8003 [F] 503-452-8043 �T■■ . - W OWNER � _ www.alphacommunity.com BRENT & GEORGIA ESPY SW/ NORTH DAKOTA ST. ..�- - o 3418 SW HAMILTON ST PORTLAND, OR 97239 1 yl WILLIAM M. JABS TRUST -12..... REVISIONS 2546 SW 6TH AVENUE — " — — 0 NO. DATE CAMAS, WA 98607 — — — J -SW NORTH DAKOTA ` TAST. APPLICANT I % % �/ — i 1 2 22 23 24 SITE VENTURE PROPERTIES I I I I I 4230 SW GALEWOOD, SUITE 100 I I I —, •- :IA ill ------IL , LAKE OSWEGO, OR. 97035 1 I I I I I 3 //. s PH:{503�387�7b00 �,. �r o____� CONTACT: WENDY HEMMEN 1 S134DB 1 S134DB I TL: 3100 TL: 7300 W I 1 S1 34D8 I I TL: 3600 -- APPLICANT S REPRESENTATIVE 1 1 l I I �' 3 Lop pr CI — ALPHA COMMUNITY DEVELOPMENT, INC. W 1 = I 19 20 21 9600 SW OAK, SUITE 230 �"" • PORTLAND, OR.97223 Z 1 [ PH:{503)452-8003 I — — "� l I 1 I 1 INN ______ FAX:(503)452-8043 I --- -- I __ CONTACT: JEFF VANDERDASSON < I 4 t1,� I I SW TIGARD ST. -- - _ ! _ _ t�1 I I �' UTILITIES & SERVICES � I I — TRACT C ` WATER: TIGARD WATER DISTRICT �_ n ...: ,,,y� — — .> Kr7 4'a +G ;z 8.qp I 1513408 1513408 1 S13408 `� ,' .b i u �° -, _ �'' CA I TL: 7100 TL: 7200 L4� EFA � x , � f I MIIIIMMINOMIMMINIMW VICINITY MAP STORM: TL: 7000 vi i /RM: CLEAN WATER SERVICES zk . ��� "q 1L DAKOTA 44,.:,,• "} t 4 ., �,.. SCALE: 1 -300 . e 15 EWER: CLEAN WATER SERVICES I �`b� Y � � I — I � � ti YT lyr 1 1 ..,.POWER: PORTLAND GENERAL ELEC C ��-� `���� �� � �� 17 1 ./ _ _ _ 50� ,,,,ve . ., Aa 411111001111 ANEW S — EET I NDEX: G L EICJ GAS: NORTHWEST NATURAL I 14 PD FIRE: TUALATIN VALLEY FIRE AND RESCUE 1 I 1 TITLE SHEET SW TORELAND , 1 I — � 1 I 2 3 EXISTING SITE CONDITIONS/DEMOLITION CONCEPT PLAN PLAN 1 1 5 l 13 1 j — . ...... 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STAMPED "DLC 52 DLC 5419$1” . ELEVATION=17b.3$A N:\prof\402-026\dwg\Planning\402026TITL-PD.dwg-SHEET:22x34 Aug 15, 2005-9:24am jdh , •',.�. k.e,�.�n..xd 5 ff -y ,. .. ,- §.. ....^,. ''.._-, i..o 't�'f:::..Fa-.Z'3 a... c ..,..o.-. 1 I LEGEND 264 EX 1—FT CONTOUR W:„,,, I ,, C ,„ 12so EX 5—FT CONTOUR � alpha w �---�--'SS EX SANITARY SEWER so_____ EX STORM DRAIN qo ' LINE --- ---- �- - -- . . E .r.a. . _ __..-.�� -� r _ .. _-___w,__. _ E . ..: C - EX GAS LINE COMMUNITY +Y a :-:Lr-- 0 . , - , - ---- p 0 s sr 0 PIER WER G . .... �.__....o G. .—._ �� EX BURIED PO DEVELOPMENT t s-----�- ss C ss SS-- —SS ss ,, , - - . ss ss ss ss ss SS— - .SS _ �/ — _ — — — _ — _ _ .— — — _ — — --~--�H EX OVERHEAD POWER , �` �. T EX TELEPHONE LINE P. wv ..._....................../............w_...................._44/ w - �._ 1r��►+ ” '�a„i„� ► .., ......_. t � 1,-„----=---_,,--,w w .� i — — CAN EX CABLE TV LINE ._,.E _ «.., .. : ...,.;.. �, ,:. \ -- �• EX FENCE 9600 SW Oak, Suite 230 — — — "— -;� � --___ C EX SANITARY MANHOLE Portland, t R 97223 1 Vii I .�:\ I ' .• . GRAVEL \ ''-204---1 ` I EX SANITARY CLEANOUT .. DRIVEWAY TO BE ''1 :,,,,,1 W` pi 503-452-8003 [9 503-452-8043 EX. SIDEWALK � � ''• REMOVED �\ �•.,..-,•• ••,, :I I I �# � EX STORM MANHOLE �N ❑ EX CATCH BASIN �.alphacommunity.com I u) 1.-:,.-.-1 \ .71 1.:-:y I tt'l `1 �_., EX STORM CLEANOUT "' '4i.; .I ��i 1:; :tiI >�. .� 1; .-I ---- •2O6H ---- --__ ..._. :' EX FIRE HYDRANT , \ fi; ,,,"//:,,,,,, ..,,,,,,„„/1 I \ I EX WATER METER NI REVISIONS 'fin` - f .....1.1..- EX WATER VALVE „ ' ; �,�,�; I1 1 EX GATE VALVE ' N DATE a.c :i :..4.5 ) :1`-~- ! I EX TELEPHONE RISER I ^t, 1 1/ �. �:1 2os EX CABLE RISER I al Y :: 1 \ .. f. EX LIGHT POLE �, — _ EX TREES TO REMAIN 1 (PROTECT AS NEEDED) , r_ I r �, EX TREES TO BE REMOVED I 0n'. E X -8 U LD I N.G.TO //'4.4 --- [-. -'I --210-. 1"''\ 21�s ,►� BE REMOVED '`� 1. - w\ '''' \ i •,.-1 ` ,.• %;'s ;-` .? r �',f s",;°,t-fc ='x ,:pa,'€ ;v:ti''''s,",',-,',','� �h: 1 !' ;44 _ IJ .I \, N ,.1, \, .-- ,� ..,EX. BUILDING TO t' (1) \ ------- j2 I { I z/8� ��� � ,� ---._ L v, ; \ �. — — — — ---- W-� —...,. --I 1 I \-,� ! �0 1::'.,.I I �'EXGRAVEL - % --- �s 0 — 1=.:'. DRI VEW,AY TO BE \ e -- ) ( I. . ; REMOVED '- N �, \ `., fi j `. ` ,,,. I I � * �,`I► '` j �` v \ \,� . I \ ACTIVE t�P i :iO DING TO , i\` ---'10.} I _ _ �• _ _ _ _ -- �� DAKOTA , *0_ _ _ _ _ SD SD SD _, 14. * \ SS-- —SS SS ��r* ` :-(':': u..... :;.,:t \.are � s+ \ SW TORELAND ST. �,, -- - - - - - - - - - - - - - .»�- #,r1 \� PD , v * ,,,. }. -.:_::- r -/}`� ".J'if --'' as v-N--- 7 ,,,,,,. -.7:rr.,'....::,.:9;55102.. A'.';':;:-:,..'`....>......._ ,i',.I I .1 � I - I _ N EX. ASPHALT a \. ',, ,�,"4. 1 DRIVEWAY TO BE — — j • _ -.' , I REMOVED 0/ . ti•:-:1:;::::,...-.::::;;N::_t; * i ',:'-`7';;, ''-':' LAI I I I +fff K: . �„ ,, -. EXISTING I c "• - - I ► �1 ' . '�i.', CONDITIONS & JEX TREE TO BE .—w. ' ',o: : '': : ` : :° EX. BUILDI ,:,,,, 4EMOVEDTYP. I ' , . .�:\ BE RENO ED DEMOLITION _ ____ - , C ,1 j________ { . ''( :.� PLAN � \ � � .... .: ,;•�' fir' - 7' - ,— - .. 1(/T -`�- /i ''---. V 1 EX. BUILDING TO I 1 \ ' - `'224-_ ` ` . ,'1 BE REMOVED, ............,•• • * „Illik,.. AiiI\ Ae6 /ir -lkk )1( , * v..•-:.-..:-;.:.--..--,:l a * JA \ �, a v) 410 * -,,,_mv �.' EX. GRAVEL I• .. '":; DRIVEWAY TO BE ..._.— ) ) / �:. _:.::::,a:: COMMUNITY DEVELOPMENT ) r...................4_,......,.........„.....„?..._....... ea . ' REMOVED — — — • -- — f N PROJECT NO.: 402-026 I I I TYPE: PLANNING SCALE DATE: EXISTING CONDITIONS AND DEMOLITION PLAN 40 0 mi20 40 s0 5 SCALE: 1" = 40' IIN = 40 FT 2 C:\work\BGPlot_3488\402026XCON-PD.dwg-SHEET:22x34 Aug 15,2005-9:08am gmt 8' PARKING, ;At Y \ PEDESTRIAN EASEMENT P/L P/L & PUE . 8' PUE 20' . .... . ""I TRACT C 10' C/L 10' L _ _ I. ___ _ _ _ _ ONLY --. 1....._f ...4 1....4....j.' - - 1+00 SW 110TH PLACE = SW NORTH DAKOTA ST. I alpha 3+52.63 SW NORTH DAKOTA ROAD 0+00 1+00 2+00 3+00 A 4 +00 5+00 6+00 _ _ H -1 - I - 1 , , / 1 - i _ H --I - 1 I I I 2.0% 2.0% COMMUNITY 30' VISION CLE RANCE 1 ) II&HITI0ONF WAY ) -4•• TRIANGLE (VCT) 1--- giEDR DEVELOPMENT If 0 OEM. 01•1110 OM= AMMISINIMMINN■1..... *NNW 0011•11* 2 TRACT C & D ......g•■■•• . ......., - - 50.0' 43.0 , 21 \ ' 499' 60.0' TI -50.0*- NOT TO SCALE I • , 5' SIDEWALK 8' PUE 1--- ---I r- • , ., /-4-- 1, 9600 SW Oak, Suite 230 I 1 - WIRE MESH i I 2 wr'. 1 22 I 23 I 24 I I Portland, OR 97223 1 ,O54 sq.ft. 5,778 sq.ft 6,489 sq.ft. 6,141 sq.ft. p,131 sq.ft. I I fli 503-452-8003 [F] 503-452-8043 •1 'esi - 114 In to -co 6 03 6. 50' * 1 &/ o tNi 0 0.i 0 R/W R/W www.alphacommunity.com I t011 a 21 r- , 50' ... 0- 25' . r ... 32' .., cv 16, C/L 16' 8' •■••■•■■••••■ L.___...... _J L._ ......_ .._.4 W 1-- i L _I 1_ _ _i " P.U.E.w I-.."---°'51 -.. TRAVEL 8' 8' REVISIONS 50.0' _I__ 58.1' (,,) 64.0' 60.0' 50.0' 'NAVE! PARKINt 5 NO. DATE r-- -1 50.0' 60.0' --.. -.-0.5' 0.51-...- -...- 3 .... 1- -1 '-^ --1 _ _ i. 5, . . 3'... 3' 5' 01 2 5,964 sq.ft. **0 ui in X - LNai 19 20 5,212 sq.ft. 21 6,803 sq.ft. I 2.0% 2.0% 2.0% 2.0% Z L. 108.7' ....1 0 tw6,736 sq.ft. Ir. in IN **4 SIDEWALK 0714 _ b.: E b PC = 2+93.151 06 4 I 6,297 sq.ft. lin los / lin qr. 0. io 4 o 8 t/- 30' VCT in I 0 \,i tti 0 iirj R AL . c1-3--1, -:: 6:7 GUTTER SW 110TH PLACE NOT TO SCALE 1 o) cNi 1 '''''\ - _ tni..._ PRC = 3+37.68 I NI-L 1,- MMNNMMMMO■UMMMMMIMMI I L 102.1' ---i it:i ' 1 \\EEO* T I / '' 4,189 sq.ft. -9;EPDUEEs,TRPIAARNKEINsGmT& ...... 41ZII '- --1 C/L R/W R/W I IN / 94.4' . ).6.• 1 OPEN , r■ , i - 12. ' 47.6 N I 29' I SPACE Cc\iii 7 N I/1 PT = i98Y51 i r-----" -- -,.. --- 7.61 15.0' I 18' 0.5' NOTE: ,- 1 1 °3 TRACT B 4 ,-*- 1 15 1.11 I r- ---) r- - -1 8' SAWCUT LINE 1' ei 1 ci - '.1 MINIMUM INSIDE 03 7,890 , -,. • i ..??.± 41 6,667 sq.ft. co [ P.U.E.• • • 0.5' EXISTING EDGE OF A ' • ' 61 F-- I PAVEMENT I ; ' ACE 1-- , a„, Ni NII /is gin PC = 4-1-.1713;71 j 16 17 18 D 0 I-LI < Z 1 2' 5' 5' i I I . ' ........61 .o........••■sorow.........° Al / co! L I , 7,349 sq.ft. ,879 sq.ft. 9,818 sq.ft. (I) :3 I 2.0% _ . II- -1 'CNI "C•I IR If 0, ..*I I ai N: SIDEWALK 6+00 b 5+00 v- /op / rAo/ , , r / / 5,963 sq.ft. ui DAKOTA +. g 1 1 v / 0 1-0 -in SW TORELAND I Lt) N 4. in 'it _ _ SW NORTH DAKOTA ST - - - . j 'I L 115.4' --/ 10' ROW DEDICATION REQUIRED GLEN - - - ...__ ___-, - 85.9' ROW . 2....€),I.---- r - ......, - NOT TO SCALE --1-- 5 8. piTE • I 30' VCT --I 'tc t_ _ __ __I L_ __......_1 L ...i IN 5,784 sq.ft. I . . .6.1 13 c., , 50.0' 50.0' 64.9' 1 ' 5,770 sq.ft. i to 30' VCT . fri 1 OPEN 1- • , -0 1 / SPACE IA I 111.3' 1_1...L. 115.4' J gst: " .... N 4 .111.16 1IIMMINOMMININNI.1 r- 1 1- -1 - TRACT B 15 9' PUE, PARKING &.-.L I / I ......■Imrr....r.m. PEDESTRIAN ESMT " 1 I I b 6 "c L-1 12 b 4 it1 7,746 sq.ft. in cLI 8,002 sq.ft. to ..... .............._,----iY R=55' I I i --.I - /1 I , L I •. Nt% L _.1 , , 14 184 4' _ I. .riii,,!.Lmi ..... ...... - • MOM: ANNIIM . ' / / / / ■■• ■••■• 1 OMNI, VIMMIM OWININO 41••■ r " 50.1' TRAC D_ 50.0.7.053 sclift 50.0' 55.7' 50.0' 15.0 I-4 i.-4 3-1 . SW TORELAND - .. ,,kir ( , , ,- / 1 L . , 1 - - J I \ .... , / I r 8' PUT:-RKING & P4TRIALLESMT 1 __T.________ ______________,.....,_-1 r- -1 SITE CONCEPT ---1 I- -- -I 5 , 1 1 1,i, 13 OPEN I 1 1 1 1 -, PLAN 4. 1 1 1 ci SPACE cis 7 8 9 10 11 i (4 0.1 1 ! 1 TRACT A - 5,021 sq.ft. 5,010 sq.ft. 5,008 sq.ft. 5,008 sq.ft. 6,629 sq.ft. I 22,116 sq.ft. "J- In 1■1 IN IN 10 EYEBROW DETAIL I cs ci ci P.i PASSIVE NATURAL o 6 ci ..--. :2 o (.24 NOT TO SCALE I AREA L_ __ __I L__ ____I L __ ___ _d L __ __ J L ...i I 183.9' 50.0' 50.0' 50.0' ..... 50.0' 57.9' J NOTES: ---04-alha, .7....... / GROSS AREA: 216,633 SF I AREAS: COMMUNITY DEVELOPMENT PUBLIC R.O.W.: 25,124 SF NI.mmorr.......i■•■I / PRIVATE STREET: 11,242 SF PROJECT NO.: \ / LOT AREA: 150,259 SF \ / OPEN SPACE: 30,006 SF SCALE TYPE: OPEN SPACE 20.0% OF LOT AREA 1_!1181!111111iill111111 40 80 DATE: DENSITY CALC. = 180265 / 7,500 = 24 UNITS 1 IN = 40 FT C:\work\BGPlot_3488\402026-LOTS-WO-ALLEYS.dwg-SHEET:22x34 Aug 15, 2005- 11:52am gmt ,, ,,,, ,.:, 3 Y, alpha COMMUNITY DEVELOPMENT 300' o-- z W 9600 SW Oak, Suite 230 w ° Portland, OR 97223 cn frl 503-452-8003 [9 503-452-8043 z < www.alphacommuni#y.com 0 II-- II x 230 ° N W 230 Y Cu I! © 1-- _ _ _ REVISIONS o , r __ --- - 4 - -- - -.- .- - -- _ _ - _ _ .,..._ _ ._._ ._. _ _ - -- -- ._._ .._.. _ _ -- NO. DATE `- z PROPOSED GRADE � 2'203 220 AT C.L. OF ROAD 0 M /_- -- 0 0 i 0 d EXISTING GRADE + + AT C.L. OF ROAD 210 — - 210 200 - 200 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 SW TORELAND/110TH - PROFILE HORIZ SCALE: 1" = 40' VERT SCALE: 1"=10' DAKOTA GLEN PD z 300' 0. M 0 300' cry ' Z - z �-° Eo 0 P z DAKOTA GLEN . .....,II W tv)0 c, �, o 0 z PROFILE'S tp 0.© 0 O 220 - ---- -- -- -- _-_ _ Z � = Y 220 N Q + .. W Q — — PROPOSED GRADE M Ii -- AT GUTTER LINE 0 tO ` — � 1 OF ROAD c ; II � � ' 210 - - 210 `` - - EXISTING GF ADE Q — AT C.L. OF ROAD 1 - - - - -- - 200 200 -- - - - R -041‘40,1pha. COMMUNITY DEVELOPMENT 190 190 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 IIIIIIIIIMIIIIIIIIIIIIIIIIIINIMMNMIIMIIMIIIMNIMIIIMMMMMINIIIMII PROJECT NO.: TYPE: SW NORTH DAKOTA - PROFILE DATE: HORIZ SCALE: 1" = 40' VERT SCALE: 1"=10' N:\proj\402-026\dwg\Planning\402026-PD STPF.dwg-SHEET:22x34 Aug 11,2005-6:58pm jay 41 I I _ I — 4 )•',` > r `r.,S.S:4•'1 r <' . r .,t..::4 4 3;,N ,t ) '.'t .. 1., u,:. Y y 4,-;";,,',11.:';,. Y • , t LEGEND alpha 324 EX 1-FT CONTOUR d`` ,_._ ! � _ _ _ — _ _.W _ �_.� 7-7----7-7.4-7--,77-7.-7-7.-:----- - — — 320 EX 5-FT CONTOUR COMMUNITY j' -••=-••• --= EXIS INC EDGE OF PAVEMENT 324— FG 1-FT CONTOUR DEVELOPMENT ( / \ L \ �``. (TYP.) , —320— FG 5-FT CONTOUR.......-,.� PROPOSED PAVEMENT TAPER / / / -- -w7--v----•- -- M SEDIMENT FENCE / / Piii"-- �.i. - — =-. *} .. . ++ ; 4111P-`:". ..a. _ 9600 SW Oak, Suite 230 �, � �L:,� �,. � BIOBAG BARRIER .� • ,p . . . • . . s&•. . ki •far! I I,, , •d •. , j `' - -- — — — ,�� `'�`, ,�"' 'a► 1J `�, ='s-�` GRAVEL CONSTRUCTION .r.►i.r. �.s.�..r•,,..�fir.± r►+r i.` -.c .;i =i ' ..i i.r.�.r►....�..�...ir..i..r i.�..r►a.�,s 401.r.r�►as r.rr r► / �I s'ilwil'N\%4\ s.,I _ i -- �: s` Portland, OR 97223 _...-� --_ a ,..► • -�..� �.� --�. 24,12-0Z0=1-.'` EN TRANCE 'c _____...._ __ _-- y� ,. t I ,'L_ _.._ .........._._....... ; 503-452-8003 503-452-8043 1 : ,, • --.4.,, ,-..t..* www.al hacommuni com k : I ( ! I p tY• I 't _ �.� �, _ 22 I I 24 I . I I ►< I i I �, ,_..,� �, ' ---- ....r,.-206 + - ---- ----. N I ` :• de N...... 1 I I I+F A \ \ GRAVEL I I I,, REVISIONS CONST. ,�'� / ENTRANCE I Li---___ I I i' I I NC). DATE - — — 7 y —208 ., ----._ \ I N 2,2 II I I . -----_ w1 ``' =-� i N I � I I � .._._ I+ � - 1 `,-�I .� 19 1 20 2f---210 III _27 I..,�, ., I i . 4--N---;-----Itt � I - - ..., , . I. -N. -sz- - 1 1 it . N I 1 , I INLET I --`---1.. --. , ``• I 1 ...._...... __ ---4- ,_ , 1. ,� I 4 , PR°TECTI0�1 I L......_ `� I If \ i ...... �� All .r►i iii►�............I. .I/i OPEN SPACE B r - -, � -! I_ ,L_.... ,. .. If \ N 1 \ L .......„ _j '`,141" le i. 1 2\... ------71----- --,'"------""" - - : \"- _ -....„--,-.......::....:..-,-_-___....41 ,.,,._ CLEAR ALL UNDER CANOPY n n '- -- r i ' ; —" --- �-.�, �'`� BRUSH. TRIM BRANCHES I # 1 `�, , --'-- I - - \ I I WITHIN 8' OF THE GROUND. ? - ■ I 'fig` � ;-___ _ `iN. I INSTALL 2 BEN C-I ES AND 1 --.,, I 1 ''\� ---- ---- ----1\r- -- --. --I - i•I I AND PLAY STRUOTURE 1 ,........-^,, I I I WITHIN 600SF WOODCHIP a .,,� I --I_. a I _..) L.__ PLAY AREA. RE AINDER a I I I TO BE GRASS P AY AREA . I �,,, 1 !r PLANT 5 CALIF° NIA MYRTLE I �l�'�'� / -'`-- ,.-�,# I \ I I �` TREES 2GALMIN. ' .-. _- „�- 17 18\3, ; DAKOTA _ _ _ - - 4 ..4 =.,w`.." !�l�r I I �F/fir 14 ( \ I I 1 I \ GLEN I 1 \222 li,( i I \ — —1 1-- .r.„._.___,4,_.,____------it,......I.L.,...,.„...:_........,..... - ,........,.._.„..._._. . . ..,i . . .. . , •. ---i ---' /4--1- - ......, 1 _ - - - - ---___ _.....-. _ _ _ _ _ _ _ - 111.1—.% --"www=1 ......_. r---.. -------_,...... "I '. Is. \• \ \) -lior ............._,.,.-, II I., 1 / I 1 1 L.. _..„._....i L _ __ ..,) J L \ _I 4 40 Iv 1 ' I I I \ !, ` S — I I I ( I I I I I ~`)•?2� \ ! I - - LIMITS OF GR ADI G if TYP.( ) - � - I I I I I I I i i 'I I I- � _ _ i' ter- - .... - I I I I , r -. 1 I I\--- -1-1 S I J 0 II \i i\ , 1 I I ,, I 6 1 ;I , 12 SEDIMENT FENCE 't: I I 1 (TYP.) ), -,.. . . L_ . JP L \\ I I GRADING & ........misemii ttl _ _ _ T .4*-- ..... , ...... •1081•1•0 ; 1I n , r `...-..1,: ,;t� . I I' LANDSCAPE s.t.z t?S,',N4'-•5. •,1.7..i�+.: :;tom : . ,.� .. 4 CONSTRUCT 5 WIDE, 4" THICK BARKDUST 4,5,4,7,-- — I s / TRAIL. INSTALL PICNIC TABLE IN INTERIOR _f�' - I �'"'` I C 0 N C E PT PLAN AREA. CLEAR ALL UNDER CANOPY BRUSH I it, ._._.22 1 `` ' - ----•--- -� I-------- -`--I --- -�' f'""��'---'°1 I�" —-1 1' I AND TRIM BRANCHES WITHIN 8' OF THE I ____ �,! I I I_,,I,........- I f{ GROUND, WITHIN 10' OF TRAIL. REMAINDER N ' -------- 1 I I Si IN NATURAL STATE. _ PEN '= "---�- I 4 ,,,1 ,, t 11r/SPAC E,,TO REMAIN I \ I I 9 ,�a ,� ,�" ? i'i --- ..� +� ' T CT .. I .,� I / I I• ;' I I v I I I I i1 I -*Om-alpha, N0C� .. I 1 I I ` ...- -� L-. -._-..-_ --...J L..__ ......-_. ..._J I Lr_r_ _.. -..._.-J I Lr_._ ._......__J I L d i COMMUNITY DEVELOPMENT.. IIMIIM *MM.-,.- x +'a a.. \ \ •,� �, PROJECT NO.: 402-026 I I I I TYPE: PLANNING SCALE DATE: GRADING PLAN 40 0 20 40 80 SCALE: 1" = 40' 1 IN = 40 FT 5 C:\work\BGPlot_3488\402026GRAD-PD.dwg-SHEET:22x34 Aug 15,2005- 11:51 am gmt 0 I I I I I i I I x . a X f j I i I �° LEGEND x; —— — — — EASEMENT LINES alpha ss> PROPOSED SANITARY SEWER -- — — — — — — .. .. -_.- ... — — .�_ .�. _. ._. ._.. .. — —__ NI; I ss EX SANITARY SEWER i .$ . _ : . .�.�. � . . ..-..�._r..�..M..�.� .�� ..�.�.�...��. ♦ . -�. _. .... ��. -� �� . � • . . � .�_.�.. . . . • w . � COMMUNITY ,.e a ' . '� .. ••rail � • 0 , If) so . _ ---so so> PROPOSED STORM DRAIN G G G G G G G G G G G - �- SD - EX STORM DRAIN D EVE LO P I'.A ENT C; SS 55' ss ss S5 5 .„ SS ---SS SS— -- SS SS SS- SS ~—SS SS n: SW ORTH DAKOTA ST. —'—W— PROPOSED WATER LINE ;k WV ,f,,, W EX WATER LINE ,..W (6, I -- --r-Ss SD ,o SD ........0 ■■► - u p _ �..i� j- ----8.6 SD 0 c �`W r .' - --�- --a _ _ ,.� �:° � EX GAS LINE �.""": . ,i,___w _...., .� �;,i r, �� .� !,■.� �.�� �._" 9600 SW Oak, Suite 230 T XT _ A '.' _ �k �� �. 0 PROPOSED SANITARY MANHOLE I \`�--� ( ©,— ,'' - t EX SANITARY MANHOLE Portland, OR 97223 O M • PROPOSED SANITARY CLEANOUT PR POSED WQ �, Aga ,, PROPOS D DETENTION tiz _ _ _ I I [T] 503 452-8003 [9 503 452 8043 VA LT ,'� SYSTEM I I I I ff 0 PROPOSED STORM MANHOLE I - Pi I I I EX STORM MANHOLE www.aiphacommunity.corn I '1 2 3 22 23 24 • PROPOSED CATCH BASIN 40< 0 EX CATCH BASIN PROPOSED STREET IQP Cn o TREE 25 .0 o PROPOSED STORM CLEANOUT REVISIONS I i I no M EX STORM CLEANOUT N DATE t � I � � NO.I I I i * PROPOSED FIRE HYDRANT 3 , . ; EX FIRE HYDRANT 4 : . 40 ® PROPOSED WATER METER 4 Ern CA I F r( al EX WATER METER 3 : I : — — ® PROPOSED WATER VALVE o �;�� �� �, W I I , I � i i I I I I EX WATER VALVE ;, C3 3 i N PROPOSED BLOW-OFF WZ ! � I 20 21 .4 EX BLOW-OFF 1____ _ _> Viall - - - - .....�... 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