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01/05/2015 - Packet n _. : " City of Tigard T!II ARD Commission Agenda MEETING DATE: January 5, 2015; 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7.05 p.m. 5. OFFICER ELECTIONS 7:06 p.m. 6. PUBLIC HEARING 7:20 p.m. SW 1215`AVENUE PLANNED DEVELOPMENT PLANNED DEVELOPMENT REVIEW (PDR) 2014-00002; SUBDIVISION (SUB) 2014-00005 REQUEST: The applicant requests a four-lot subdivision and planned development review on a one-acre site. Access to the proposed parcels would be from Plantation Terrace; LOCATION: 13825 SW 121 Avenue;Westside of SW 121st Avenue at Plantation Terrace, between the Whistles Walk and Eagle Pointe developments; Washington County Tax Map 2S103CC, Tax Lot 00500. ZONE COMP PLAN DESIGNATION: 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 Chapter 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. 7. OTHER BUSINESS 8:20 p.m. 8. ADJOURNMENT 8.30 p.m. PLANNING COMMISSION AGENDA—JANUARY 5, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 �fa 5FA nesign 6roup. LLC STRUCTURAL ( CIVIL I LAND USE PLANNING I SURVEYING September 9, 2014 Gary Pagenstecher, Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Responses to Incomplete Application, SW 121st Avenue, Case File PDR2014- 00002/Sub2014-00005. Gary: This letter summarizes our responses to your Incomplete Application Letter, dated August 29, 2014 for the above referenced Planned Development/Subdivision. These summarizes responses have been incorporated into the Compliance Narrative, which replaces the original submittal. • Additional Application Fee. RESPONSE: A check for the additional fees due (S3,234) is attached to this resubmittal. • Consistent Documents (Ownership). RESPONSE: Via email from Matt Sprague to Gary Pagenstecker it was confirmed that Murray Jenkins 1 LLC is the owner. Mark Crandall is listed on the application, as he is the authorized signer for the LLC. • Plan Set. RESPONSE: Apparently the duplication of Sheet 4 was a printing error, as our Plan Set does not contain such a duplication. However, a Revised Plan Set has been provided to reflect the Separate Concept Plan,per Item 4. • Concept Plan. RESPONSE: The Plan Set has been revised to reflect the Concept Plan, separate from the Detailed Plan. The Concept Plan reflects the 6 criteria(18.350.050) consistent with the narrative discussion, including open space, retained trees,neighborhood compatibility, walkability and transit, and significant advantages of the proposal, as follows: 9020 SW Washington Square Drive,Suite 505.Portland,Oregon 97223.503-641-8311 .Fax 503-643-7905.www.sfadesigngroup.com 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. RESPONSE: Other than existing trees, there are no particular site features which warrant special protection. In this case the applicant is proposing large lots, so each lot will have substantial private yard area. In addition a common open space easement is proposed along the front of each lot. This common area will provide a formal unified image for all the lots, and will include a meandering sidewalk, benches, and landscaping. 2. The concept plan identifies areas of trees and other natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. RESPONSE: There are no identified or protected natural resources associated with this property. There are several trees scattered throughout the site. Many of these trees are scattered around the existing house and yard. The existing house will be retained, on new Lot 3, see Arborist's Report. Consistent with the proposed urban forestry plan, there are 4 trees identified to be retained, 2 at the northern perimeter of Lot 2 and 2 within Lot 3. A total of 18 trees will be removed,primarily for poor health conditions. However, 2 trees 6566 & 67 will be removed to accommodate revised driveway improvements for Lot 3, See Plan Sheet 5 of 7 and Ll. As reflected on Plan Sheet L2,the applicant proposes to plant 11 trees. These trees will be located within the Common Open Space easement along the lot frontages to establish an attractive streetscape. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Planned Developments 18.350-6 AP Update: 2/14 121st Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 2 RESPONSE: The surrounding neighborhood is all single family homes on various sized lots. This development will share a private street access with Stepping Stone Estates. No changes are proposed for this private street, as it is already improved. However the existing sidewalk will be realigned to meander around trees, and additional streetscape plantings and improvements will be provided to visually and functionally enhance the common entry. The only technical change will be that the paved portion of the existing access easement over the subject site, will be converted to (Tract"A"), consistent with Tract"A" of Stepping Stone Estates. While SW Plantation Terrace is a private drive there will be a public access easement over the sidewalk. This will allow for pedestrian circulation through the site with the pedestrian connection out the north to SW Kelly Lane. Given the site's orientation to back yards to the north,the primary focus of design compatibility will be with the existing homes within Stepping Stone Estates. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. RESPONSE: Public transit service is currently not available along this section of SW 121st Avenue. The closest Tri Met line it the 45 route, which runs on Walnut Street, several blocks to the north. Neighborhood walkability is already well established, with sidewalks along 121St Avenue, and a walkway adjacent to the property, constructed by Stepping Stone Estates. This walkway connects between 121st Avenue and SW Kelly Lane to the north. With the existing surrounding development pattern,there are no other logical enhancements that the applicant could provide. S. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. RESPONSE: This is a residential development. The proposed Preliminary Plat provides for 4 lots, including retention of the existing house on lot 3. The project density is 4 units per gross acre, and 3 per net acre. This density is consistent with the R-4.5 zoning, and more 121st Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 3 specifically addressed later in this narrative under Section 18.715. The Preliminary Plat shows the proposed building setbacks, thereby defining the available building envelopes. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. (Ord. 12-09§1; Ord. 06-16) RESPONSE: As described within this narrative,this Concept Plan provides development consistent with the general purpose of the R-4.5 zone and complies with the allowable densities consistent with the zone. It is noted that the applicant did not propose the PD overlay, it was already applied to this property. However, relying upon the PD flexibility the primary advantage this development provides it that it will utilize the existing private street, Plantation Terrace, for access, thereby eliminating the need for a new street and additional paving. Further the large lots, coupled with a unifying common open space across the front of each lot, will provide a sense of greater open space than would result from a traditional small lot subdivision. CONCLUSION—Concept Plan Based upon the findings above,the applicant has demonstrated compliance with the Concept Plan approval criteria. • Street Trees. RESPONSE: The Compliance Narrative and Plan Set have been revised to address the full scope of street trees, including SW 121st Avenue, as follows: Chapter 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Tree Standards A. Street trees shall be required as part of the approval process for conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II),planned development(Type III), site development review (Type II) and subdivision (Type II and III)permits. 1215`Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 4 RESPONSE: The Completeness Review Letter cites Street Trees as Section 18.745.050. However,the applicable provisions are actually 18.745.040. The applicant has revised the plans to include additional street trees, and provides an argument for counting proposed trees within the Common Open Space as street trees. Therefore this criterion is met. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. RESPONSE: The linear amount of street frontage within and adjacent to the site is shown in the following Table,together with the calculated number of street trees required based on the 40 foot spacing standard. Street Trees Analysis Street abutting Site Linear Frontage Required Trees @ Proposed Street 40 foot spacing Trees SW 121St Avenue 190 4.75 = 5 5 Plantation Terrace 333 8.33 = 8 11 Total 514 12.85 = 13 16 As shown on the revised Landscape Plan(L1)the applicant is proposing a total of 16 street trees. These include 11 trees along SW Plantation Terrace,mostly within the Common Open Space Easement, and 5 street trees along the 121St Avenue frontage. The standard street section has an off-set sidewalk, located behind a planter strip, with sidewalk and planter strip parallel to the curb. However,the Code recognizes that in some cases the sidewalk may be curb-tight, and in that case the 6 foot planter strip for street trees is measured from behind the sidewalk, as on SW 121st Avenue. With this Planned Development, with a private street, the applicant is proposing a meandering sidewalk, rather than the typical parallel walk associated with a standard street section. Therefore the applicant argues that consideration should be given for the meandering sidewalk in determining qualification for street trees. We argue that the frontage along SW Plantation Terrace is designed with an extra wide planter strip, which varies in depth from 16.5 to 35 feet. Consistent with the application of the Code for SW 121St Avenue,the applicant believes the planter strip for Plantation Terrace should be measured between the curb and within 6 feet of the back of the walk, rather than being strictly limited to 6 feet parallel to the curb. We submit that the code 12152 Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 5 typically considers the sidewalk part of the street section. When the sidewalk is curb- tight,rather than off-set by a planter strip,the Code allows street trees to be located within 6 feet of the back of walk. As a significant design component of the PD Concept, the proposed landscaping plan provides a Common Open Space easement along the frontage of the 4 lots. This Open Space easement is designed to create an enhanced streetscape, as compared to the typical sidewalk and 6 foot planter strip with street trees planted with uniform linear spacing. Instead of a standard sidewalk parallel to the curb,the sidewalk is proposed to be realigned to meander through 12 trees randomly spaced along both sides of the realigned walkway. The applicant argues that Plantation Terrace is a private street and even though the sidewalk meanders away from the curb, it should still be considered part of the street section. Therefore we submit that any tree planted within 6 feet of the back of the meandering walk should qualify as street trees. The revised plan provides for 11 of the 12 trees along Plantation Terrace to be street trees, as they are within 6 feet of the back of walk. The applicant further argues that these proposed trees serve the same function as traditionally located street trees by enhancing the streetscape and providing shading and buffering of the sidewalk. In fact, consistent with the intent of the PD provisions, the applicant believes the proposed design provides for a more desirable and higher quality visual streetscape than would result from strict compliance with the linear sidewalk and street trees standards. Therefore this criterion can be met. C. Street trees required by this section shall be planted according to the street tree planting standards in the Urban Forestry Manual. RESPONSE: The street trees proposed will be planted according to the street tree planting standards in the Urban Forestry Manual. Details are shown in the plan and in the Manual made part of this application by reference. This criterion is met. D. Street trees required by this section shall be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. RESPONSE: Street trees required by this section will be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. This criterion is met. 121St Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 6 E. Street trees required by this section shall be planted within the right-of- way whenever practicable according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted no more than six feet from the right-of-way according to the street tree planting standards in the Urban Forestry Manual when planting within the right- of-way is not practicable. RESPONSE: The applicant has revised the Landscaping Plan (L2)to provide additional street trees, as follows: Plantation Terrace This frontage requires 8 street trees. The applicant argues that the proposed Common Open Space easement, with meandering sidewalk is technically part of the street, but just separated by a larger planter strip. Therefore we believe that any trees planted between the curb and 6 feet outside of the sidewalk, should in fact be counted as street trees. Under this scenario we believe 11 of the 12 trees qualify as street trees. SW 121st Avenue This frontage requires 5 trees. The Landscaping Plan has been revised to provide 5 street trees along the 121st Avenue frontage. However,there is a tall retaining wall and existing on-site hedge along this street frontage. The retaining wall is built to the back edge of the sidewalk, which leaves no space for street trees, except behind the walk and the wall. As reflected in the Existing Conditions photos (Sheet 4b)this wall averages over 4 feet in height. For this reason,the street trees will actually be elevated above the street level, but within 6 feet of the back of walk and right-of-way. Therefore these 5 trees qualify as street trees. Therefore based on the code interpretation outlined above, this criterion can be met. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the tree preservation and removal site plan (per Section 18.790.030.A.2), tree canopy cover site plan (per Section 18.790.030.A.3) and supplemental report 121St Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 7 (per Section 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. RESPONSE: Existing trees are not utilized as street trees. This criterion does not apply. G. In cases where it is not practicable to provide the minimum number of required street trees, the director may allow the applicant to remit payment into the urban forestry fund for tree planting and early establishment in an amount equivalent to the city's cost to plant and maintain a street tree for three years (per the street tree planting standards in the Urban Forestry Manual)for each tree below the minimum required. RESPONSE: The applicant is providing the minimum number of required street trees either by planting or payment to the Tree Fund. Therefore, this criterion is not applicable. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this code. RESPONSE: This property is zoned the same as the surrounding properties and planned for single family homes, consistent with the abutting neighborhood. Therefore these provisions are not applicable. o Setback Modifications. RESPONSE: The Narrative has been revised to fully address the modified setbacks proposed for Lot 4, addressing 18.350.060C.4a and c, as follows: 121st Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 8 18.350.060 Detailed Development Plan Submission Requirements C. Compliance with specific development standards. The detailed development plan shall show compliance with base zone provisions, with the following modifications: 4. Structure setback provisions: a. 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; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: i. All structures shall meet the Uniform Building and Fire Code requirements; ii. A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for; iii. 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. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. RESPONSE: The Preliminary Plat reflects the proposed setbacks (building envelopes) for each lot. The proposed setbacks meet the R 4.5 standards, except for Lots 1 &4, as reflected in the following Table: R-4.5 Std Proposed Front: 20 feet 20+feet Garage: 20 feet 30 feet, Except Lot 3 @ 0' side-loaded Interior Side: 5 feet 5 feet,with 3 feet for Lot 4 Street Side: 15 feet 8 feet for Lots 1 & 4 Rear: 15 feet 20 feet Lots 1 & 4—Reduced side yards The interior side yards are generally at least 5 feet, except for Lot 4. The Street-side yards for Lots 1 &4 are proposed at 8 feet,reduced from the standard 15 feet. 121st Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 9 ® Lot 1 is proposed with a 5 foot interior side yard and an 8 foot street-side yard adjacent to SW Plantation Terrace. ® Lot 4 is proposed with a 3 foot interior side yard and 8 foot street-side yard adjacent to SW 121st Avenue. The City Planning staff raised a question of compliance with Section 18.350.060C.4a. applied to Lots 1 and 4. This subsection requires perimeter lots to meet the base zone setbacks. Initially staff explained to the applicant that streets are not considered as perimeter to a development, as is a site perimeter, which is adjacent to abutting lots. Streets provide the additional horizontal space between the site and surrounding properties,thereby meeting the intent of the required perimeter setback. The applicant argues that only the north side or rear yards of the four proposed lots and the northwest portion of Lot 1 are"perimeter lots." The north side of this development directly abuts the lots to the north. Likewise, the northwest side of Lot 1 (above the end of the private street) also abuts the adjacent lot in Stepping Stone Estates. The base rear yard setback(perimeter in this case) is 15 feet.The proposed plat provides 20 feet for each lot, and thereby meets the perimeter setback requirement. We further argue that Lots 1 and 4 are not "perimeter lots". First, via a phone call, staff was asked if a street-side yard was considered a perimeter setback and staff responded, no it was not and there could be reduced setbacks along streets through the PD. We further argue that both SW Plantation Terrace and SW 1215t Avenue form the east, south and west perimeter of this development. Consequently to two streets are located between the proposed lots and existing adjacent lots to the east, west and south. Another way of putting it, the development is responsible for half-street improvements for street,which abut the property. Therefore the abutting street creates the perimeter, not the proposed lots. In this case the two streets Plantation Terrace and 1215t are existing street, but they still form the east, south and southwest perimeters of this development. Therefore Lots 1 &4, which abut these streets are technically not"perimeter lots". Rather they are street-side or corner lots. Therefore Section 18.350.060C.4a. is not applicable relative to "perimeter" setbacks. In addition, the intent of this code provision is to limit impacts to existing adjacent neighboring lots. This development provides an additional 5 feet of setback along the north (rear yards)providing appropriate perimeter protection consistent with the intent of the Code. For Lots 1 & 4, we are requesting reduced street-side yards of 8 feet instead of 15 feet, and not reduced perimeter setbacks. In this case the existing streets provide the perimeter setbacks which protect neighboring properties by the widths of these streets. 121St Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 10 The street widths (24+ feet for Plantation Terrace and 62 feet for 121st Avenue) far exceed the base zone street-side yard setback of 15 feet for street-side yards. Therefore the criteria of Section C.4.a are met. CC&Rs/Prelinninar y Plat. RESPONSE: The CC&Rs submitted are only in draft form. Therefore rather than making major edits at this time, we have simply redlined the relevant provisions to show the intent to replace all references to Tract B with"Common Open Space Easement," consistent with the Preliminary Plat. • Visual Clearance. RESPONSE: The Plan Set has been revised to show the VCA on the Preliminary Plat as well as on the Preliminary Grading/EC Plan. ® Public Facilities Checklist. RESPONSE: The Preliminary Utilities Plan Sheet (6 of 7)has been revised to show the existing sewer lateral serving the existing house (Lot 3). With these revisions the application should be complete. Should you have any other questions or need additional information, please don't hesitate to call. Sincerely, SFA Design Group, LLC Ben Altman Senior Planner/Project Manager cc: file 121St Avenue PD/Subdivision PDR2014-00002/Sub2014-00005—Completeness Responses May 2014,Revised September 9,2014 SFA Project No 285-008 11 A August 29, 2014 City of Tigard Bill Wagoner Westwood Homes LLC 12700 NW Cornell Road Portland, OR 97229 RE: Completeness Review- SW 121'Avenue, Case File Nos. PDR2014-00002/SUB2014- 00005 Dear Mr. Wagoner: The City received your application August 4, 2014, for a four-lot planned development and subdivision review. Staff has completed a preliminary review of the submittal materials and has determined that additional information is required before the application can be deemed substantively complete. Please submit the following additional materials and information: Fees: An additional fee of$3,234.00 is due in addition to the $15,327 (check#2953) received at the time of application. PDR $9,068 + Concurrent Review 439 Subdivision with PD 8,682 + $93/lot x 4 lots 372 Total fees 18,561 Less check#2953 15,327 Balance due $3,234 Consistent Documents: Ownership documents should reflect current information including the title report, Community Way Agreement, and the application. Washington County records show Murray Jenkins LLC as the current owner. Plan Set: The plan set includes duplicates of Existing Conditions (4 of 7). Concept Plan: Six criteria apply to the Concept plan (18.350.050), which the narrative addresses satisfactorily. A concept plan sheet, separate from the detailed plan sheet, should accompany this narrative and clearly depict the items subject to concept plan approval including open space, retained trees, neighborhood compatibility,walkability and transit, and significant advantages of the proposal (18.350.020.D). The concept narrative and plan would be the subject of the first Commission vote. Please revise your plan set to include a Concept Plan. Street Trees: The narrative under 18.745.050 provides conclusory findings with respect to required street trees. Please apply the facts of the proposal to the standards. For example, street trees along SW 121St Avenue are not addressed. Trees identified in the Canopy Plan 13125 SW Hall Blvd. + Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov within the open space area have not been identified as street trees and may not be eligible if planted greater than 6 feet back of curb. Please provide a revised narrative and plan. Setback Modification: Modifications to side and street side yard setbacks are proposed for Lot 4. The side yard is interior and is permitted. The street side yard is arguably a perimeter setback and must be 15 feet. Please provide findings for 18.350.060C.4.a and c that clarify the perimeter question and support the approximately 50% reduction. The argument may use the criteria in 18.360.080.A,Exceptions to setback requirements, to address the potential issues or impacts. Impacts to, and mitigation for the pedestrian experience along 121" Avenue could also be considered to assist the Commission in deciding whether a site specific building envelope is warranted. CC&Rs/Preliminary Plat: the CC&Rs refer to the proposed open space as Tract B, but the Preliminary Plat refers to it as Common OS Easement. Please make the references consistent across documents. Visual Clearance Area: The VCA is shown on the Preliminary Grading/EC Plan and should be shown on the Preliminary Plat. Public Facility Plan Checklist: Please address the grading, street, sanitary and storm drainage standards identified in the enclosed Public Facilities Completeness Checklist and revise your application accordingly. Any questions regarding these issues should be directed to Greg Berry, Development Review Engineer (503-718-2468). Once this additional information is submitted, staff will review the additional materials to determine if the application is substantively complete. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 503-718-2434. Sincerely, I 6-et.RU / Gary Pagenstecher Associate Planner Ends: Public Facilities Checldist 2 PUBLIC FACILITY PLAN Project: Westwood 121st Av 4 lots COMPLETENESS CHECKLIST Date: 8/27/14 GRADING ® Existing and proposed contours shown. ►1 Are there grading impacts on adjacent parcels? No Adjacent parcel grades shown. ® Geotech study submitted? STREET ISSUES ® Right-of-way clearly shown. // Centerline of street(s) clearly shown. ® Street name(s)shown. ® Existing/proposed curb or edge of pavement shown. ® Street profiles shown. N/A ❑ Future Street Plan: Must show street profiles, topo NIA on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report N/A ® Street grades compliant? ® Street/ROW widths dimensioned and appropriate? ® Private Streets? Less than 6 lots and width Will use existing appropriate? ❑ Other: Show street trees for 121st Av SANITARY SEWER ISSUES Li Existing/proposed lines shown. Show line to existing house or extent of drainfield. Li Stubs to adjacent parcels required/shown? N/A WATER ISSUES ® Existing/proposed lines w/sizes noted? ® Existing/proposed fire hydrants shown? ® Proposed meter location and size shown? ® Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? ® Preliminary sizing calcs for water quality/detention provided? ® Water quality/detention facility shown on plans? ® Area for facility match requirements from calcs? ® Facility shown outside any wetland buffer? ® Storm stubs to adjacent parcels required/shown? N/A The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE By: 3 Date: 8/27/14 REVISED: 08/27/14 rt " City of Tigard itis op 9 Land Use Application Detailed Submittal Checklist Please read this form carefully in conjunction with the notes provided to you at the pre-application conference. This checklist identifies detailed submittal requirements for a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, 503'718.2421. Staff: Date: 1. BASIC INFORMATION Please refer to the"Land use applications basic submittal requirements"checklist for the basic submittal requirements. 2. SPECIAL STUDIES AND REPORTS R-cause of the nature of your project and/or the site you propose to develop,THE FOLLOWING ADDITIONAL STUDIES WILL BE ZUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Arborist Report/Tree Assessment ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 3. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow,legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN(If the plans you submit do not include all of the information requested because you feel it is not applicable,please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties O Surrounding street system including nearby intersections 4 Pedestrian ways and bikeways El Transit stops 0 • Utility access El City of Tigard Land Use Application Checklist (I:\CURPLN\Masters\Pre-Application Conference Packet\Detailed Submittal Checklist.docx-Updated 3/25/13)Page I of 4 Misting Conditions Map Parcel boundaries,dimensions and gross area ❑ Contour lines (2'intervals for 0-10%slopes or 5'for slopes>10%) 0 Drainage patterns and courses on the site and on adjacent Iands ❑ Potential natural hazard areas including: • Floodplain areas ❑ ♦ Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ ♦ Wetlands • 0 Other site features: • Rock outcroppings El ♦ Trees with>_6"caliper measured 4'from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses ❑ Locations of existing utilities and easements El Locations of existing dedicated right-of-ways ❑ Locations of driveways on adjacent properties and across the street ❑ Subdivision Preliminary Plat Map The proposed name of the subdivision ❑ 'Vicinity map showing property's relationship to arterial and collector streets ❑ Names,addresses and telephone numbers of the owner,developer,engineer surveyor and designer(as applicable) ❑ Scale,north arrow and date ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land El Contour lines related to a City-established benchmark at 2'intervals for 0-10%grades and 5'intervals for grades greater than 10% El The purpose,location,type and size of all of the following(within and adjacent to the proposed subdivision): ♦ Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ ♦ Major power telephone transmission lines(50,000 volts or greater) ❑ ♦ Watercourses ❑ • Deed reservations for parks,open spaces,pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level . El • The location of all structures and the present uses of the structures,and a statement of which structures are to remain after platting ❑ Supplemental information including. • Proposed deed restrictions (if any) ❑ ♦ A proposed plan for provision of subdivision improvements ❑ Existing natural features including rock outcroppings,wetlands and marsh areas The proposed lot configurations,lot sizes and dimensions,and lot numbers. Where lots are to be used for purposes other than residential,it shall be indicated upon such lots ❑ —. If any of the foregoing information cannot practicably be shown on the preliminary plat,it shall be incorporated into a narrative and submitted with the application materials ❑ City of Tigard Land Use Application Checklist (I:\CURPLN\Masters\Pre-Application Conference Packet\Detailed Submittal Checklist.docx-Updated 3/25/13)Page 2 of 4 Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel The owner's authorized agent ❑ The map scale,north arrow and date Proposed property lines 0 Description of parcel location and boundaries I] Contour lines(2'intervals for slopes 0-10%or 5'for slopes>10%) Location,width and names of streets,easements and other public ways within and adjacent to the parcel Location of all permanent buildings on and within 25`of all property lines Location and width of all water courses El Location of any trees with 6"or greater caliper at 4'above ground level All slopes greater than 25% El Location of existing and proposed utilities and utility easements Any applicable deed restrictions Evidence that land partition will not preclude efficient future land division where applicable Future street extension plan showing existing and potential street connections fl Site Development Plan The proposed site and surrounding properties Contour line intervals The locations,dimensions and proposed names of the following: • Existing and platted streets and other public ways El ♦ Easements on the site and on adjoining properties ♦ Proposed streets or other public ways and easements on the site • Alternative routes of dead-end or proposed streets that require future extensions The locations and dimensions of the following: ♦ Entrances and exits on the site • Parking and circulation areas El • Loading and service areas ♦ Pedestrian and bicycle circulation El • Outdoor common areas • Above ground utilities El ♦ Trash and recyclable material areas LI The locations,dimensions and setback distances of the following: • Existing permanent structures,improvements,utilities and easements which are located on the site and on adjacent property within 25'of the site El + Proposed structures,improvements,utilities and easements on the site El ♦ Sanitary sewer facilities El ♦ Existing or proposed sewer reimbursement agreements El • Storm drainage facilities and analysis of downstream conditions El Locations and type(s) of outdoor lighting considering crime prevention techniques El The locations of the following: • All areas to be landscaped El ♦ Mailboxes El • Structures and their orientation LI City of Tigard Land Use Application Checklist (I:\CURPLN\blasters\Pre-Application Conference Packet\Detailed Submittal Checklist.docx-Updated 3/25/13)Page 3 of 4 TYrban Forestry Plan&Landscaping Location of trees to be removed ❑ Location,size and species of existing plant materials ❑ General location,size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ O Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences,buffer areas and screening ❑ Location of terraces,decks,shelters,play areas,and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios - ❑ TTtilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system,showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants(existing and proposed) ❑ Proposed fire protection system ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location,width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable,location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation Identification of the location,size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal ❑ A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location,size and height ❑ City of Tigard Land Use Application Checklist (l:\CURPLN\Masters\Pre-Application Conference Packet\Detailed Submittal Checklist.docx-Updated 3/25/13)Page 4 of 4 UPI City of Tigard Land Use Permit Application APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. • This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. > Three (3) copies of all materials are requited for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. • Each packet must be collated. . • Plans are required to be a minimum of 24"x 36"or 22"x 34". Plans must be FOLDED,rolled plans are not accepted. Applicant Staff Documents,Copies and Fees Required Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed v'AS Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval /3k criteria(as specified in the Pre-Application Conference notes) Documentary evidence of Neighborhood Meeting:Neighborhood Meeting Affidavits of Posting&Mailing Notice,Minutes,Sign-in Sheets ( $. Service Provider Letter '2s Impact Study per Section 18.390.040.B.2(e) VI,S Copy of the Pre-Application Conference notes Filing Fee (see fee schedule) Mil 14' Preliminary Sight Distance Certification JCA- Preliminary Storm Calculations Arborist Report Traffic Report(if Required) Maps or Plans (Plans must be at least 24"x 36") All A- Architectural Drawings (elevations &floor plans) VAS Existing Conditions Map ;i. Landscape Plan 64- Preliminary Grading/Erosion Control Plan Preliminary Pattition/Lot Line Adjustment Plan Pot Preliminary Storm Drainage Plan dot Preliminary Utilities Plan 4 et Public Improvement's/Streets Plan jM Site Development Plan ri Subdivision Preliminary Plat Map AitOr Topography Map #rll Tree Preservation/Mitigation Plan MvA S Vicinity Map > Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped,addressed#10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee(please see request for 500'property owner mailing list form). I:\CURPLN\Masters\Submittal Requirements Check List.doc (updated:21-january-10) 111/ ri City of Tigard C Land Use Permit Application PRE-APP.HELD BY: .--.:.-jr--,,,Y_':e '",i i.. , :c , iii.. ,•v, ,11' .�.' fir:ti'�:?.�= i__ _.�.. .'..7-:''-''''V''. . File# Other Case# Date By Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(II) 0 Historic Overlay(II ox III) 0 Site Development Review(II) ❑Comprehensive Plan Amendment(IV) 0 Home Occupation(II) Subdivision(II or III) ❑Conditional Use(III) 0 Minor Land Partition(II) 0 Zone Change(III) ❑Development Code Amendment(IV) V Planned Development(III) 0 Zone Change Annexation(IV) ❑Downtown Design Review(II,III) 0 Sensitive Lands Review(II ox III) NOTE FOR REQUIRED SUBMITTAL ELEMENTS,PLEASE REFER TO YOUR PRE-APPLICATION CONFERENCE NOTES LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) \ TZ5 Sal \2.15jr A4e. \n.v 2_ TAX MAPS&TAX LOT NOS, 2 S \ C7-j CC 500 TAL SITE SIZE ZONING CLASSIFICATION ,6fl i\C."--eS V,' � .C3 '-- \D APPLICANT* W e_5\-.\Ao a a\AA e5-- 1.-, 1,. (��Cs MAILING `-ADDRESS/CITY/S TATE/ZIP \ \ L C l v ,v C✓a ''f `C `2\\ p 0.,c\ RaA"--\ `0• C( "1 (�]2-7-9 PHONE NO, FAX NO, PRIMARY CONTACT PERSON PHONE NO. 3 \\\ W0 pN e..--� 503-no - z.11S \>\.%e EMAIL ` +�\ ._s.N 4&\'\ow - s.\tr 1C..Co iv\ PROPERTY OWNER/DEED HOLDER(Attach list if more than one) '"41.4 41-4.-4-- MAILING MAILING ADDRESS/CITY/STATE/ZIP / / ,' > v ; ? PHONE NO, FAX NO, 5423 .2 C)f — 6 /- *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this apzlication, PROPOSAL SUMMARY(Please be specific) Lk ‘',k ,s,-�o`o�., \cN\ W y'r� 0\'R\0,A siN4\ '0.e.\)-s+.\c'r'i v1,12J\-A Al?\1 r 0.-1 4TIN City of Tigard I 13125 SW Hall Blvd„Tigard,OR 97223 I 503-718-2421 I www.tinard-or.00v I Pam,. 1 n42 THE APPLICANT SHALL CERTIFY THAT: 4 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. iti /./17 , / 7 9401 Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date (11/g-./ /ili ' 4V •ppl cant/Ag•nt Representative's Signature Date f 44)".",( 6'i i.'" -'1,---/ 5- ./I Pe.5,5A/1-Ak 1/34//V Applicant/Agent/Representative's Signature Date City of Tivard I 13125 SW Hall Blvd..Matti OR 979.91 I cm_71 R.74191 I .rnm^.,'"n.«a —"""'. I n"�.. n LAND USE APPLICATION CITY OF TIGARD 121st Avenue 4 LOT SUBDIVISION; Concurrent with Planned Development Conceptual and Detailed Plans July 31, 2014 Revised for Completeness September 9, 2014 APPLICANT: Westwood Homes,LLC 12700 NW Cornell Road Portland, Oregon 97215 Contact: Bill Wagoner Phone: 503-330-2215 OWNER: Mark Crandall 1800 NW 167th Place, Ste 150 Beaverton, Oregon 97006 APPLICANT'S REPRESENTATIVE: SFA Design Group,LLC 9020 SW Washington Sq.Dr., Suite 505 Portland, Oregon 97223 Contact: Matthew L. Sprague Phone: 503-641-8311 Fax: 503-643-7905 FACT SHEET Project Name: SW 121ST Avenue Proposed Actions: 4-Lot Subdivision, Concurrent with Planned Development Conceptual and Detailed Plans Tax Maps/Lots: 2S1 03CC/500 Site Size: 1.00 Acres Addresses: 13825 SW 121st Avenue Location: The site is located on the west side of SW 121st Avenue between the Whistlers Walk and Eagle Pointe developments. Zoning: R-4.5 PD Design Team: Planning, Survey, Engineering SFA Design Group, LLC 9020 SW Washington Sq. Dr., Suite 505 Portland, Oregon 97223 Contact: Matt Sprague Phone: 503-641-8311 Fax: 503-643-7905 E-mail: msprague@sfadg.com Arborist Morgan Holen&Associates 3 Monroe Parkway, Suite P-220 Lake Oswego, Oregon 97035 Phone: 971-409-9354 E-mail: morgan.holen@comcast.net Landscape Architect Murase Associates 5214 N. Williams Avenue Portland, Oregon 97217 Contact: Joe Percival Phone: 503-242-1477 E-mail: jpercival@murase.com 121st Avenue—4-Lot Subdivision,PD Page-2- July 2014,Revised for Completeness 9-9-14 SFA 285-008 I. GENERAL INFORMATION The applicant requests preliminary approval of a 4-lot subdivision located at 1215t Avenue and Plantation Terrace. The subject site, specifically identified as Tax Lots 500 of Tax Map 2S1 03CC is 1.00 acres in size. This property is the remnants of the parent parcel platted as Stepping Stone Estates. Stepping Stone Estates, which is adjacent to and shares access with the subject property was approved several years ago. This development crested 4 lots, and a shared access Tract A, which is shared with the subject property. The access to the lots, including the subject property is provided by a private street (Plantation Terrace) constructed within Tract A of the Stepping Stone Estates, with a sidewalk provided within an easement over the subject property,paralleling Tract A. The history of Stepping Stone Estates is not clear, particularly as to how it was approved as a conventional subdivision, while the subject property carries a Planned Development Overlay. Consequently, other than having relatively large lots, there was no separate open space provided as part of this prior plat. The site is within the City of Tigard and zoned R-4.5 PD (Residential, 4.5 units per acre, with Planned Development Overlay). The site contains one existing house and scattered trees throughout and surrounding the house. The existing house will be retained on new Lot 3. II. PROJECT DESCRIPTION The proposed project consists of a 4 lot subdivision, with the existing home retained on new Lot 3. The subdivision will complete all of the required infrastructure improvements for the entirety of the project. The development is residential in nature creating 4 lots for single-family detached homes with retention of the existing house on new Lot 3. The proposed subdivision creates a wide variety of lot sizes at an average of 9,999 square feet. The smallest is 8,656 square feet and the largest is 13,441 square feet, for the existing house. An 8,695 square foot common open space easement will also be created across the front of all 4 lots, resulting in an enhanced entry and streetscape feature. The design for the site does not include any frontage improvements as all of the adjacent streets and access drive are already developed with curbs and sidewalk and constructed to City standards. There is an existing 12 inch water line located in SW 121st Avenue that will serve the development. The existing house and the 4 lots within Stepping Stone Estates are served by a meter bank at to edge of the 121St Avenue right-of-way. Additional meters needed to serve the 3 new lots will be added. 1215`Avenue—4-Lot Subdivision,PD Page-3 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 The applicant proposes to connect to the existing eight-inch sanitary sewer line located in Plantation Terrace, west of the site for Lot 1. Lots 2-4 will connect to the sewer at an existing cleanout. The applicant proposes individual LIDA facilities for water quality/quantity for each lot. Drainage from the site will then be directed to the existing storm system in Plantation Terrace, via weep holes. The applicant will provide a 2 foot dedication for additional right-of-way along the frontage of 1215t Avenue to meet City Street standards. However, per the Pre-application Conference, no immediate street improvements will be required. Instead, the applicant will execute a Future Street Improvement Agreement. Access to the existing house is currently provided by a combination of Tract "A" of Stepping Stone Estates and a 25 foot wide easement over the subject property. A portion of this easement will be converted to a Tract ("A"), to accommodate the paved portion of Plantation Terrace, within the current easement. The remainder of the 25 foot easement, together with addition easement width, across the front of each of the 4 lots, will provide for common open space. This common open space will include a realigned meandering sidewalk and additional landscaping for create an enhanced entry and streetscape design feature. 121'Avenue—4-Lot Subdivision,PD Page-4- July 2014,Revised for Completeness 9-9-14 SFA 285-008 IV. CONFORMANCE WITH CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (Title 18) This section of the narrative includes discussions and findings of how the proposed development conforms to the City of Tigard Community Development Code. Only Code provisions that contain applicable criteria or that otherwise require Findings related to the proposed development have been included. The Code sections are in Italics to distinguish them from the narrative discussion and proposed findings. The following Findings are generally presented in the order in which they appear in the Code. However,where they affect other code sections, it is necessary to address some issues out of order. Where a particular section is cross-referenced,the referenced section is listed to aid continuity and clarity. 18.390.050 Type III Procedure A. Preapplication conference. A preapplication conference is required for all Type III actions. The requirements and procedures for a preapplication conference are described in 18.390.080.C. RESPONSE: The applicant has attended a pre-application conference as the proposal involves Planned Development Zoning, which requires a Type III action. This criterion is met. B. Application requirements. 1. Application forms. Type III applications shall be made on forms provided by the director as provided by 18.390.080.E.1. 2. Content. Type III applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped,pre-addressed envelopes for all persons who are property owners of record as specified in subsection C of this section. The records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact development. 1215`Avenue—4-Lot Subdivision,PD Page-5- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The applicant has attended a pre-application conference as the proposal involves Planned Development Zoning, which requires a Type III action. The application includes all required information, as confirmed by the Planning Staff's "Completeness Review." This criterion is met. The applicant has submitted an application form provided by the director, and all information and documents required by sub-sections 2.a-e, and including an Impact Study. This criterion is met. Chapter 18.350 PLANNED DEVELOPMENTS 18.350.010 Purpose A. The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the city; and 2. To provide such added benefits as increased natural areas or open space in the city, alternative building designs, walkable communities,preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to thegreatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the city; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. (Ord. 06-16) RESPONSE: In this case the PD Overlay already exists, and thereby the process allows for the application of flexible standards while appropriately considering and mitigating for the potential impacts to the city. It also provides for benefits of alternative building designs, a walkable neighborhood, and shared access via a private street, in lieu of strict adherence to various code provisions. 121"Avenue—4-Lot Subdivision,PD Page-6- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; 2. The approval of the detailed development plan; and 3. The approval of the planned development overlay zone. RESPONSE: The property is currently zoned with a PD overlay, linked with Stepping Stone Estates. The site shares access via Plantation Terrace, a private street. With the new subdivision,there will be a total of 8 homes served by this private street. The code requires that private street access for more than 6 units must be through a planned development. C. Decision-making process. 1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by a means of a Type III-PC procedure, as governed by Section 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. 1215`Avenue—4-Lot Subdivision,PD Page-7- July 2014,Revised for Completeness 9-9-14 SFA 285-008 D. Concurrent applications for concept plan and detailed plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the planned development application (i.e., the concept approval must precede the detailed development approval); however each required action may be made at the same hearing. (Ord. 06-16) RESPONSE: The property is currently zoned with a PD overlay, linked with Stepping Stone Estates. The property is currently zoned with a PD overlay, linked with Stepping Stone Estates. 1. The concept plan will be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by a means of a Type III-PC procedure, as governed by Section 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. Given the limited scope of this 4-Lot development,the applicant is submitting the concept plan and detailed plan for concurrent review. Also,this application involves the subdivision of land. Therefore the applicant is applying for preliminary plat approval to be heard concurrently with the detailed plan. D. Phased development. 1. The commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or district standard. RESPONSE: The applicant is not proposing a phased development. Therefore these provisions are not applicable. 1215`Avenue—4-Lot Subdivision,PD Page-8- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by subsection B of this section. In addition, the applicant shall submit the following: 1. 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. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant; b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed; c. An explanation of how the proposal relates to the purposes of the planned development chapter as expressed in Section 18.350.010; and d. An explanation of how the proposal utilized the "Planning Commissioner's Toolbox. " 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. RESPONSE: First, it should be understood that the application of the planned development provisions was not the applicant's choice. Rather the PD overlay zoning was previously established. Site and Context The applicant is seeking preliminary plat approval of a 4-lot subdivision located off of SW 121St Avenue. The subject site, specifically identified as Tax Lots 500 of Tax Map 2S1 03CC is 1.00 acre in size. This property is the remnant of the parent parcel platted as Stepping Stone Estates. The site is within the City of Tigard and zoned R-4.5 PD (Residential, 4.5 units per acre, with Planned Development Overlay). The site contains one existing house and scattered trees throughout and surrounding the house. The existing house will be retained on new Lot 3. The development is residential in nature creating 4 lots for single-family detached homes, including retention of the existing house on new Lot 3. Site Location: The west side of SW 121st Avenue, just north of SW Gaarde Street. The entire project is located in the City of Tigard. 1215`Avenue—4-Lot Subdivision,PD Page-9- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Existing Uses: The property currently contains 1 single-family detached home with various outbuildings. The plan for the site includes preservation of the existing home on newly configured Lot 3. Topography: The site slopes slightly downhill from an elevation of 357 feet at the southwest corner to the east towards SW 121st Avenue where the low point at the eastern edge is 345 feet. The site is elevated about 5 feet above the street and there is a retaining wall adjacent to the sidewalk on SW 121St Avenue. The sidewalk along this section is curb-tight on both sides of the street. Vegetation: The majority of the site has been landscape in open yard and contains a scattered mixture of 20 trees varying in age and structure including mature coniferous and deciduous trees and ornamental landscape trees. Surrounding Land Uses: To the north and west of the site is Whistlers Walk development. To the south is Eagle Pointe. To the east of SW 121St Avenue is the Colonial View development. These are all urban level single family subdivisions with varying lot sizes,but all zoned R-4.5. Transportation: The site abuts SW 121st Avenue, just north of SW Gaarde Street. The local neighborhood and collector street system is pretty well developed. The collector circulation is provided by Gaarde Street, 121St Avenue, and Walnut Street, which link to the arterial network of 99W and Scholls Ferry Road. The closest Tri Met bus routes are the 45 line, which runs on SW Walnut and SW 121St north of the site between 99W and SW Scholls Ferry Road. The 62 line runs on Scholls and the 12 line runs on 99W. Access to the property and proposed lots will be via existing Plantation Terrace, an access easement platted as Tract A of the Stepping Stone Estates. There are sidewalks along SW 121st Avenue (curb-tight) and Gaarde Street. There is also a walkway along the north side of SW Plantation Terrace. This walk extends between SW 121St and SW Kelly Lane, north of the site. OPPORTUNITIES AND CONSTRAINTS ANALYSIS The Design Team conducted an Opportunities and Constraints analysis of the property in order to frame the context for the Planned Development Concept Plan. The following analysis includes summary findings related to Section 18.350.040, Concept Plan Submission Requirements, including: • Defining the planning objectives to be achieved; • Defining the character of the proposed development; • Framing the architectural style; and • Explanation of how the proposal relates to the Planned Development Chapter. This analysis can be summarized as follows: 12151 Avenue—4-Lot Subdivision,PD Page- 10- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Constraints There are several factors associated with this property that tend to constrain design options, which include the following: • First, an unusual constraint relates to the fact that this is not a typical planned development, being designed on a large vacant lot. Rather it is a simple in-fill 4-Lot residential development, with no multi-family or mix-uses proposed. However, sometime in the past, the property was zoned with a PD Overlay. Therefore the PD provision must be applied in retrospect rather than in a typical greenfield visioning context. • The property has a good general rectangular shape, however, it is a small parcel at just one acre, and the location of the existing house on the site limits flexibility in the lotting pattern, as this house is to be retained. • In this case, because the existing large house is to be retained,the applicant is not seeking to maximize density. Rather the intent is for high quality larger homes with large yards. With lots exceeding 8,000 square feet each,these lots will be considerably larger than those in the immediate neighborhood, which represent more conventional subdivision design. • Another aspect of this project, which presents both constraint and opportunity, is that the access is provided by an existing private street, Plantation Terrace. Access is already established. However, with the 4 proposed lots, including the existing house,there will be 8 lots served by this private street. The base code standard limits private street access to 6 lots,without a planned development. At the same time, it is noted,that the existing shared access,Plantation Terrace, is the only viable access available to serve this property. The access spacing and grade differential on SW 121St would not allow for direct access or even a new street connection. Therefore the applicant is required to work with this access limitation,while at the same time, meet minimum density requirements. Therefore the additional lot access to the private street is justified and reasonable. Opportunities • The existing private street(Plantation Terrace provides safe access, and does not alter the existing intersection spacing on SW 121St Avenue. This private street consists partially of a Tract from the Stepping Stone Estates, and an easement over the subject property. This development allows for creation of another Tract for access. • The size and quality of the existing house provides sufficient value warranting retention. Developing new homes compatible with this home creates an opportunity for larger and higher quality homes than might otherwise be built. • The existing lot has significant north/south depth, which affords an opportunity to establish an enhanced entry focal point, while still meeting lot depth requirements, and also maintaining privacy. 121'Avenue—4-Lot Subdivision,PD Page- 11 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 • Existing frontage improvements along SW 121st Avenue,means that frontage improvements will be limited to providing street trees. This limited expense on public improvements allows for a greater investment in site enhancements, such as the entry focal point discussed above. Conclusions—PD Planning Objectives Overall,there are opportunities to leverage the site's apparent constraints and turn them into assets through creative design. Planning and Design objectives for this development include the following: 1. While, being applied more retrospectively than a typical planned development, as noted, the PD provisions allow flexibility that the base zoning doesn't allow. While only 4 lots are proposed, including the existing house, the base lot allows for creating larger lots, while incorporating common open space as an enhanced entry and streetscape feature. An open space will be created across the front of all 4 lots, establishing an enhanced entry focal point. 2. The applicant is not seeking to maximize density, but rather is proposing high quality larger homes with large yards. 3. The proposed subdivision maintains the existing house, and creates a variety of lot sizes at an average of 9,999 square feet. The smallest is 8,656 square feet and the largest is 13,441 square feet, for the existing house. 4. Utilizing the existing private street (Plantation Terrace) minimizes site basic improvements and allows more emphasis on enhancements. At the same time, safe and convenient access is maintained. The existing hammerhead turn-around adjacent at the end of Plantation Terrace, adjacent to west edge of proposed Lot 1 will remain unchanged. Incorporated within the fronts of these large lots will be an 8,695 square foot common landscaped common open space. This open space will be professionally landscaped and will provide a formal organized visual street image for the proposed new lots, as well as an general enhanced focal point of the homes sharing this private street (Stepping Stone Estates). Character and Architectural Style of Development The Concept Plan envisions homes with architectural styles that with a variety of individualized architecture. No specific architectural designs are being specified, as these will likely be custom built homes. Significant gains in entry curb appeal are created with small investments in the transitional elements of the private street and new common entry open space. 121st Avenue—4-Lot Subdivision,PD Page- 12- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Utilization of the"Planning Commissioner's Toolbox" Site Analysis The applicant's design team has utilized the site context including analysis of opportunities and constraints as a guide to site design and lot configuration. Open space has been provided in proportion to the relatively low density development. Conventional Yield The proposed Concept Plan is contrasted with a more conventional subdivision design to clearly reflect the value added through the PD process. As part of the Pre-application Conference several alternative layouts were considered. Plan Sheet 2 reflects a lot street and lot pattern,which might result from a more conventional subdivision. The Conventional Yield Plan maintains the existing access configuration (Plantation Terrace) and creates 5 lots,two of which are flag lots. This layout assumes removal of the existing house, and reflects a lot pattern very similar design to the surrounding neighborhoods. Density, Open Space &Landscaping In contrast to the proposed development the proposed lots are generally larger than those in the surrounding neighborhood meaning each lot will have considerable private outdoor living area. Even so,this development provides for common open space to create an enhanced entry and streetscape into this somewhat exclusive Blot neighborhood sharing a private street. Landscaping will be a combination of individual private yard designs complemented by a formally designed streetscape,visually enhancing the common entry, creating a park-like setting. The combination of large lots (low density) and 8,695 square feet of additional common open space creates the feel of much larger estate lots. The proposed relatively large lots (8,000+ sf)provide for a smooth transition to existing abutting residential lots,which are generally smaller. These new lot's long depths, allow for relatively large rear yards abutting the adjacent smaller lots. This pattern will reduce the typical sense of crowding when new development occurs in an established neighborhood,by maintaining more privacy. Transit and Pedestrian Networks The site abuts SW 121St Avenue, just north of SW Gaarde Street. The local neighborhood and collector street system is pretty well developed. The collector circulation is provided by Gaarde Street, 120 Avenue, and Walnut Street, which link to the arterial network of 99W and Scholls Ferry Road. 12151 Avenue—4-Lot Subdivision,PD Page- 13 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 The closest Tri Met bus routes are the 45 line, which runs on SW Walnut and SW 121st north of the site between 99W and SW Scholls Ferry Road. The 62 line runs on Scholls and the 12 line runs on 99W. Access to the proposed lots will be via existing Plantation Terrace, an access easement platted as Tract A of the Stepping Stone Estates. There is an existing on-site sidewalk, which will be slightly realigned through the common open space entry, with enhanced streetscape. This sidewalk connects to the existing public sidewalks along SW 121st Avenue and Gaarde Street. The on-site sidewalk also maintains a connection between SW 121st and SW Kelly Lane, which is the next street north of the site. No new streets are proposed within the development. However 2 feet of additional right-of-way will be dedicated for SW 121st Avenue to meet the 35 foot centerline section standard for collector streets. There is an existing curb-tight sidewalk and retaining wall along the site frontage, and the applicant will install street trees behind the sidewalk and wall along the full frontage. General Development Schedule The applicant intends to complete this development as soon as possible. No phasing is proposed; all 4 lots will be developed and platted as a single phase. As soon as planning approval is obtained,the applicant intends to proceed with construction plans. At the earliest construction would begin in the fall of 2014. However, it is possible the permitting process could push site development into early 2015. But in either case, final platting would be expected by the end of 2015, with home construction following as sales are secured and building permit plans can be prepared and submitted. Applicant's Statement of Intent regarding sale or lease The applicant intends to develop and plat the lots, and also construct the homes for individual home buyers. As these will be single family homes,not subject to design review,no specific architectural concepts have been provided. It is anticipated that individual buyers may desire custom designs. Relationship to Purposes of Planned Development Chapter: The applicant seeks to respond to the goals of the Comprehensive Plan, Planned Development Provisions in the following ways: 1. The proposed development is consistent with Tigard's Comprehensive Plan, which specifies the allowed density. This design provides for a lower rather than higher density, and relies upon the PD flexibility to maintain a narrow private street,reducing paving, while creating an enhanced landscaped entry into this estate like neighborhood. The combination of larger lots and increased open space minimizes the impact to existing homes,while meeting the minimum density standards. This lower density plan also 121'Avenue—4-Lot Subdivision,PD Page- 14- July 2014,Revised for Completeness 9-914 SFA 285-008 reduces potential traffic impacts. The private street also reduces the City's obligations for street maintenance compared to the standard subdivision with public streets. 2. This plan provide such added benefits as increased and enhanced open space, individually custom designed homes, a walkable neighborhood, and high quality aesthetic appeal, with an enhanced streetscape entry. 3. This plan further enhances an already unique estate like neighborhood by varying the lot sizes, with large rear yards providing ample buffering for adjacent lots, providing for custom designed homes, with unique architectural accents, and using open space to create a formal visually pleasing entry, with enhanced streetscape. 4. While this site does not have any particularly unique or special natural features or amenities, existing trees are preserved to the greatest extent practicable. However, the one unique aspect this property has, over others in the neighborhood is the existing shared private street, Plantation Terrace. The design concept emphasizes this unique feature with enhanced common open space creating a high quality curb appeal. 5. In consideration of the maximum density allowed, this development focused on the lower end of the allowed density,thereby reducing the overall impact on neighbors and the city. At the same time,this plan provides an opportunity for individual families to buy into an estate like neighborhood with a real sense of openness. B. Additional information. In addition to the general information described in subsection A of this section, the concept 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 including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. An urban forestry plan consistent with Chapter 18.790; 6. Parking concept; 7. A sign concept; 8. A streets and utility concept; and 9. Structure setback and development standards concept, including the proposed residential density target if applicable. RESPONSE: In addition to the general information addressed in response to subsection A above,the applicant's submittal documents provide the additional information required under subsection B, including: 12!"Avenue—4-Lot Subdivision,PD Page- 15 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 1. Existing Site Conditions are reflected on Plan Sheet 4 of 7. This plan shows the existing house,private shared access and surrounding lot configurations. 2. The PD Concept and Detailed Plans are presented as a single Plan since they are the same in this case, PD Concept/Detailed Plan Sheet 3 of 7. The future homes will be individually designed single family detached homes. No specific architectural character is proposed, and there will be no other proposed housing types provided. No specific details, other than applicable setbacks (building envelopes),together with common area landscaping are proposed; 3. A grading concept is presented on Plan Sheet 5 of 7. 4. This plan provides both private and common open space areas. To meet the open space requirements, an 8,695 square foot common open space easement will also be created across the front of all 4 lots. This area is equal to 20% of the gross site area. The existing sidewalk will be removed and rerouted to meander through the open space area, which will be designed for passive use, with benches and landscaping, to create an enhanced entry streetscape, Plan Sheets Ll-3. 5. In addition to the common open space each lot will have relatively large private yards. Therefore the overall landscape concept, including the private yards will result in total landscaped coverage of significantly more than 20% of the site, Concept/Detailed Plan Sheet 3 &Ll-3. 6. The urban forestry requirements are covered by plan, including Tree preservation Sheet L1, Tree Canopy Plan Sheet L2 and Open Space Landscaping Plan Sheet L3, consistent with Chapter 18.790 narrative. 7. Parking concept narrative and, Plan Sheet 6 of 7; 8. No signage is proposed at this time; 9. A streets and utility concept is provided on Plan Sheets 5 & 6 of 7, which reflects continuation of the existing private shared access, Plantation Terrace. 10. Building Envelopes are reflected on the Preliminary Plan for each lot applying standard R-4.5 setbacks, with minor adjustments as reflected by the building envelopes on the Preliminary Plat Sheet 1 of 7. The overall development concept, including the proposed residential density target and compliance with applicable standards is provided in the form of a Compliance Narrative and 120 Avenue—4-Lot Subdivision,PD Page- 16- July 2014,Revised for Completeness 9-9-14 SFA 285-008 C. Allowable uses. 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the Planned Developments 18.350-5 AP Update: 2/14 underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; RESPONSE: The applicant is proposing to subdivide the property to provide 4 single family residential lots. The existing house will be retained on Lot 3. Single family detached units are an outright permitted use in the R-4.5 district. Therefore this criterion is met. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. RESPONSE: Other than existing trees, there are no particular site features which warrant special protection. In this case the applicant is proposing large lots, so each lot will have substantial private yard area. In addition a common open space easement is proposed along the front of each lot. This open space easement will include the net area of the existing 25 foot easement,which is not paved street. This common area will provide a formal unified image for all the lots, and will include a meandering sidewalk,benches, and landscaping. 2. The concept plan identifies areas of trees and other natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. RESPONSE: There are no identified or protected natural resources associated with this property. There are several trees scattered throughout the site. Many of these trees are scattered around the existing house and yard. The existing house will be retained, on new Lot 3, see Arborist's Report. Consistent with the proposed urban forestry plan, there are 4 trees identified to be retained, 2 at the northern perimeter of Lot 2 and 2 within Lot 3. A total of 18 trees will be removed,primarily 1215`Avenue—4-Lot Subdivision,PD Page- 17- July 2014,Revised for Completeness 9-9-14 SFA 285-008 for poor health conditions. However, 2 trees 6566 &67 will be removed to accommodate revised driveway improvements for Lot 3, See Plan Sheet 5 of 7 and L1. As reflected on Plan Sheet L2,the applicant proposes to plant 11 trees. These trees will be located within the Common Open Space easement along the lot frontages to establish an attractive streetscape. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Planned Developments 18.350-6AP Update: 2/14 RESPONSE: The surrounding neighborhood is all single family homes on various sized lots. This development will share a private street access with Stepping Stone Estates. No changes are proposed for this private street, as it is already improved, except that the existing sidewalk will be realigned to meander around trees, and additional streetscape plantings and improvements will be provided to visually and functionally enhance the common entry. The only technical change will be that the paved portion of the existing access easement over the subject site, will be converted to (Tract"A"), consistent with Tract"A" of Stepping Stone Estates. Given the site's orientation to back yards to the north,the primary focus of design compatibility will be with the existing homes within the Estates. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. RESPONSE: Public transit service is currently not available along this section of SW 121St Avenue. The closest Tri Met line it the 45 route, which runs on Walnut Street, several blocks to the north. Neighborhood walkability is already well established, with sidewalks along 121st Avenue, and a walkway adjacent to the property, constructed by Stepping Stone Estates. This walkway connects between 121St Avenue and SW Kelly Lane to the north. With the existing surrounding development pattern,there are no other logical enhancements that the applicant could provide. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. RESPONSE: 1215`Avenue—4-Lot Subdivision,PD Page- 18- July 2014,Revised for Completeness 9-9-14 SFA 285-008 This is a residential development. The proposed Preliminary Plat provides for 4 lots, including retention of the existing house on lot 3. The project density is 4 units per gross acre, and 3 per net acre. This density is consistent with the R-4.5 zoning, and more specifically addressed later in this narrative under Section 18.715. The Preliminary Plat shows the proposed building setbacks,thereby defining the available building envelopes. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. (Ord. 12-09§1; Ord. 06-16) RESPONSE: As described within this narrative,this Concept Plan provides development consistent with the general purpose of the R-4.5 zone and complies with the allowable densities consistent with the zone. It is noted that the applicant did not propose the PD overlay, it was already applied to this property. However, relying upon the PD flexibility the primary advantage this development provides it that it will utilize the existing private street, Plantation Terrace, for access,thereby eliminating the need for a new street and additional paving. Further the large lots, coupled with a unifying common open space across the front of each lot,will provide a sense of greater open space than would result from a traditional small lot subdivision. CONCLUSION—Concept Plan Based upon the findings above, the applicant has demonstrated compliance with the Concept Plan approval criteria. 121'Avenue—4-Lot Subdivision,PD Page- 19- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under Section 18.350.070. RESPONSE: The applicant has submitted an application for concurrent review of the Concept Plan and Detailed Plan. All required information has been submitted, and compliance will be confirmed by the Planning Staff's "completeness review." In this case, because the application involves only 4 lots, the Concept Plan and Detailed Plan are the same. B. Additional information. In addition to the general information described in subsection A of this section, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of one foot, unless otherwise approved by the director, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading,public improvements, building construction, and landscaping for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. RESPONSE: The application documents provide the required topographic information(Existing Conditions Plan Sheet). A draft of proposed CC&Rs has also been provided. C. Compliance with specific development standards. The detailed development plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards. The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80%of the minimum size required in the base zone. 2. Site coverage. The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks. 121"Avenue—4-Lot Subdivision,PD Page-20- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: Lot sizes are more specifically addressed below in response to the zoning standards. All of these lots are much larger than the minimum 7,500 square foot lot size for the R 4.5 district. There is no specified maximum lot coverage for the R 4.5 zone. However, because these are all large lots, building coverage will likely be considerably less than that on surrounding homes. Therefore the development complies with these criteria. 3. Building height. In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be set back from the perimeter of the site a distance of at least 1-1/2 times the height of the building. RESPONSE: The proposed homes will be two-story, within the maximum 30 foot height standard for the R 4.5 district. The applicant does not anticipate the need for increasing the height, but understands that any such increase will require the additional setback of 1 V2 times the height. 4. Structure setback provisions: a. 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; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: i. All structures shall meet the Uniform Building and Fire Code requirements; ii. A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for; iii. 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. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. (Ord. 12-09§1; Ord. 06-16) 121st Avenue—4-Lot Subdivision,PD Page-21 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The Preliminary Plat reflects the proposed setbacks (building envelopes)for each lot. The proposed setbacks meet the R 4.5 standards, except for Lots 1 &4, as reflected in the following Table: R-4.5 Std Proposed Front: 20 feet 20+feet Garage: 20 feet 30 feet,Except Lot 3 @ 0' side- loaded Interior Side: 5 feet 5 feet,with 3 feet for Lot 4 Street Side: 15 feet 8 feet for Lots 1 & 4 Rear: 15 feet 20 feet Lots 1 & 4—Reduced side yards The interior side yards are generally at least 5 feet, except for Lot 4. The Street-side yards for Lots 1 & 4 are proposed at 8 feet,reduced from the standard 15 feet. • Lot 1 is proposed with a 5 foot interior side yard and an 8 foot street-side yard adjacent to SW Plantation Terrace. • Lot 4 is proposed with a 3 foot interior side yard and 8 foot street-side yard adjacent to SW 121st Avenue. The City Planning staff raised a question of compliance with Section 18.350.060C.4a. applied to Lots 1 and 4. This subsection requires perimeter lots to meet the base zone setbacks. Initially staff explained to the applicant that streets are not considered as perimeter to a development, as is a site perimeter, which is adjacent to abutting lots. Streets provide the additional horizontal space between the site and surrounding properties, thereby meeting the intent of the required perimeter setback. The applicant argues that only the north side or rear yards of the four proposed lots and the northwest portion of Lot 1 are"perimeter lots." The north side of this development directly abuts the lots to the north. Likewise, the northwest side of Lot 1 (above the end of the private street) also abuts the adjacent lot in Stepping Stone Estates. The base rear yard setback(perimeter in this case) is 15 feet.The proposed plat provides 20 feet for each lot, and thereby meets the perimeter setback requirement. We further argue that Lots 1 and 4 are not "perimeter lots". First,via a phone call, staff was asked if a street-side yard was considered a perimeter setback and staff responded, no it was not and there could be reduced setbacks along streets through the PD. We further argue that both SW Plantation Terrace and SW 121st Avenue form the east, south and west perimeter of this development. Consequently to two streets are located between the proposed lots and existing adjacent lots to the east, west and south. 121°Avenue—4-Lot Subdivision,PD Page-22- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Another way of putting it,the development is responsible for half-street improvements for street, which abut the property. Therefore the abutting street creates the perimeter, not the proposed lots. In this case the two streets Plantation Terrace and 121st are existing street, but they still form the east, south and southwest perimeters of this development. Therefore Lots 1 &4,which abut these streets are technically not"perimeter lots". Rather they are street-side or corner lots. Therefore Section 18.350.060C.4a. is not applicable relative to "perimeter" setbacks. In addition,the intent of this code provision is to limit impacts to existing adjacent neighboring lots. This development provides an additional 5 feet of setback along the north(rear yards) providing appropriate perimeter protection consistent with the intent of the Code. For Lots 1 & 4,we are requesting reduced street-side yards of 8 feet instead of 15 feet, and not reduced perimeter setbacks. In this case the existing streets provide the perimeter setbacks which protect neighboring properties by the widths of these streets. The street widths (24+feet for Plantation Terrace and 62 feet for 121St Avenue) far exceed the base zone street-side yard setback of 15 feet for street-side yards. Therefore the criteria of Section C.4.a are met. 18.350.070 Detailed Development Plan Approval Criteria A detailed development plan may be approved only if all the following criteria are met: A. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: 1. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; 2. The change reduces the amount of open space and landscaping; 3. The change involves a change in use; 4. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and 5. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements. RESPONSE: In this case,because the application is relatively simple compared to other planned developments, and only involves 4 lots,the Concept Plan and Detailed Plan are virtually the same. Therefore there are no changes from the Concept Plan, and these criteria are met or otherwise not applicable. 121st Avenue—4-Lot Subdivision,PD Page-23 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 B. All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430, Subdivisions, shall be met if applicable; RESPONSE: All applicable provisions for a land division, Chapter 18.430, Subdivisions, are met as discussed in more detail below. C. 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 promotes the purpose of this chapter. In Planned Developments 18.350- 8 AP Update: 2/14 each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. 1. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to planned development reviews. The detailed development plan review is intended to address the same type of issues as the site development review. 2. Chapter 18.705, Access, Egress and Circulation. The commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit). RESPONSE: All applicable provisions of other code sections are addressed below in this report. The applicant is proposing access via an existing private street, Plantation Terrace. This private street was approved as part of Stepping Stone Estates, and includes an access easement granted from the subject property. With the proposed plat, a small portion of the easement will be dedicated as Tract"A"to accommodate the existing street pavement and curb mirroring Tract"A" of Stepping Stone Estates. The remainder will remain as an easement, which will be expanded to provide common open space ( 8,714 sf) across the front of all four lots. The existing sidewalk will be realigned, and a public sidewalk easement over its entirety to accommodate the new sidewalk. The entire easement area will provide an enhanced entry and streetscape with plantings and benches. This shared private access provides safe and convenient access and circulation for vehicles, pedestrians, and bikes, as discussed within this report. 1215`Avenue—4-Lot Subdivision,PD Page-24- July 2014,Revised for Completeness 9-9-14 SFA 285-008 3. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. 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: a. A one percent bonus for each five percent of the gross site area set aside in open space, up to a maximum offive percent, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands that would otherwise be precluded from development; b. Up to a maximum offive percent is allowed for the development of pedestrian amenities, streetscape development, recreation areas,plazas, or other items from the "Planning Commission's Toolbox. " RESPONSE: As demonstrated in response to Sections 18.715 and 18.510.040 the proposed 4-Lot development complies with the allowable density range of 3 minimum and 4 units maximum. 4. Chapter 18.745, Landscaping and Screening. The commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. RESPONSE: Table 18.510.2 does not specify a minimum landscaping requirement for the R 4.5 district. However,with the large sized lots, each lot will have substantial private yard area, which will be landscaped per owner preferences. To meet the open space requirements, an 8,714 square foot common open space easement will also be created across the front of all 4 lots. This area is equal to 20% of the gross site area. The existing sidewalk will be rerouted to meander through the common open space easement, which will be designed for passive use,with benches and landscaping. 1215`Avenue—4-Lot Subdivision,PD Page-25 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 5. Chapter 18.765, Off-Street Parking and Loading Requirements. The commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if a. The minimum number of parking spaces is not reduced by more than 10%of the required parking; and b. 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 Planned Developments 18.350-9 AP Update: 2/14 c. 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 d. Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or e. 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. RESPONSE: The applicant is not requesting an exception to the off-street parking standards. Therefore these criteria are not applicable. 6. Chapter 18.780, Signs. The commission may grant an exception to the sign dimensional requirements in the applicable zone if: a. The sign is not increased by more than 10% of the required applicable dimensional standard for signs; and b. The exception is necessary for adequate visibility of the sign on the property; and c. The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. RESPONSE: The applicant is not requesting an exception to the signage standards. Therefore these criteria are not applicable. 7. Chapter 18.795, Visual Clearance Areas. The commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; RESPONSE: The applicant is not requesting an exception to the vision clearance area standards. Therefore these criteria are not applicable. 121'Avenue—4-Lot Subdivision,PD Page-26- July 2014,Revised for Completeness 9-9-14 SFA 285-008 8. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks, and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the city engineer to grant an exception. The commission has the authority to reject an exception request. The commission can only grant an exception to street sanctions if it is sanctioned by the city engineer. The city engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: a. Public safety will not be compromised; and b. In the case ofpublic streets, maintenance costs will not be greater than with a conforming design; and c. The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. RESPONSE: The applicant is proposing access via an existing private street, Plantation Terrace. This private street was approved as part of Stepping Stone Estates, and includes an access easement granted from the subject property. With the proposed plat, a small portion of the easement will be dedicated as Tract"A"to accommodate the existing street pavement and curb, mirroring Tract "A" of Stepping Stone Estates. The remainder will remain as an easement, which will be expanded to provide common open space (8.714 sf) across the front of all four lots. The existing sidewalk will be realigned, and a public sidewalk easement over its entirety to accommodate the new sidewalk. No alternative street design is proposed. Therefore these criteria are not applicable. D. In addition, the following criteria shall be met: 1. Relationship to the natural and physical environment: a. 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 commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; b. Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; and Planned Developments 18.350-10 AP Update: 2/14 c. Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible. RESPONSE: The existing private street was approved as part of Stepping Stone Estates, and includes an access easement granted from the subject property. The applicant is not proposing any physical 12151 Avenue—4-Lot Subdivision,PD Page-27- July 2014,Revised for Completeness 9-9-14 SFA 285-008 changes to the existing access, except realignment of the sidewalk,together with additional streetscape enhancements, so there will be no change in its relationship to the surrounding natural and physical environment. Therefore these criteria have already been met. 2. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses; e.g., between single-family and multifamily residential, and residential and commercial uses, b. In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered landscape architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: i. The purpose of the buffer,for example to decrease noise levels, absorb air pollution,filter dust, or to provide a visual barrier; ii. The size of the buffer needs in terms of width and height to achieve the purpose; iii. The direction(s)from which buffering is needed; iv. The required density of the buffering; and v. Whether the viewer is stationary or mobile. c. 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: i. What needs to be screened; ii. The direction from which it is needed; and iii. Whether the screening needs to be year-round. RESPONSE: This development involves detach single family lots, which are surrounded by detached single family lots. Therefore screening is not required, and these criteria are not applicable. 3. Privacy and noise. Nonresidential 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; RESPONSE: This development does not involve any non-residential structures. Therefor this criterion is not applicable. 121'Avenue—4-Lot Subdivision,PD Page-28- July 2014,Revised for Completeness 9-9-14 SFA 285-008 4. Exterior elevations—Single-family attached and multiple family structures. Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: a. Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; b. Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and c. Offsets or breaks in roof elevations of three or more feet in height. RESPONSE: This application is for detached single family,therefore this criterion is not applicable. Planned Developments 18.350-11 AP Update: 2/14 5. Private outdoor area Residential use: a. Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square feet with a minimum width dimension of four feet; b. Wherever possible,private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. RESPONSE: This application only creates lots through a subdivision. No specific units are proposed at this time. The applicant has not included any conceptual design for the homes. Rather it is anticipated that each home will be designed to meet the owner's preferences, including the provision of private outdoor space and privacy screening. The proposed lots are large, compared to the surrounding lots, and therefore provide ample privacy as well as outdoor living space capable of meeting the 48 square footage requirements of this section. Any such space design will be subject to review at the time of building permit application. 6. Shared outdoor recreation and open space facility areas Residential use: a. Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: i. Studio units up to and including two bedroom units, 200 square feet per unit; ii. Three or more bedroom units, 300 square feet per unit. 121'Avenue—4-Lot Subdivision,PD Page-29- July 2014,Revised for Completeness 9-9-14 SFA 285-008 b. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; c. The required recreation space may be provided as follows: i. Additional outdoor passive use open space facilities; ii. Additional outdoor active use open space facilities; iii. Indoor recreation center; or iv. A combination of the above. RESPONSE: This application is for detached single family units, not multi-family attached units. Each lot will have private yards providing considerable outdoor recreational space. In addition,there will be a common open space area along the front of these lots. This area is primarily designed as a visual amenity,but will also provide for limited passive recreation. For crime prevention and safety this common open space will be observable from front yard facing windows of each of the homes. Therefore these criteria are met or otherwise not applicable. 7. Access and circulation: a. The number of required access points for a development shall be provided in Chapter 18.705; b. All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and c. Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. RESPONSE: Access is already established as a private street consistent with the prior approved Stepping Stone Estates. The only new addition will be the individual driveways for each lot. No new access points to a public street will be created. Therefore these criteria have already been met. 8. Landscaping and open space Residential development. In addition to the buffering and screening requirements of paragraph 2 of this subsection D, and any minimal use open space facilities, a minimum of 20% of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation. RESPONSE: The proposed lots are all large, over 7,500 square feet. Therefore the individual yard areas including the proposed common open space easement will exceed the 20%required landscaping. 121'Avenue—4-Lot Subdivision,PD Page-30- July 2014,Revised for Completeness 9-9-14 SFA 285-008 The common area will be professionally landscaped, while the yards will be landscaped according to the preferences of the individual home buyers. 9. Public transit. a. Provisions for public transit may be required where the site abuts or is within a quarter mile of a public transit route. The required facilities shall be based on: i. The location of other transit facilities in the area; and ii. The size and type of the proposed development. b. The required facilities may include but are not necessarily limited to such facilities as: i. A waiting shelter; ii. A turn-out area for loading and unloading; and iii. Hard surface paths connecting the development to the waiting area. c. If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. RESPONSE: The closest Tri Met bus routes are the 45 line, which runs on SW Walnut and SW 121st north of the site between 99W and SW Scholls Ferry Road. The 62 line runs on Scholls and the 12 line runs on 99W. Therefore these criteria have been met to the degree possible by this applicant. 10. Parking: a. All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; b. 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. RESPONSE: This application does not involve attached units or any parking and loading areas. Each lot will have ample area for off-street parking. Therefore these criteria are not applicable. 11. Drainage. All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means 1215`Avenue—4-Lot Subdivision,PD Page-31 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. RESPONSE: This application includes a Storm Drainage Report,which outlines the drainage needs and basic design for this development. The proposed system is designed to meet City and CWS standards, and will discharge to a public system. Individual LIDA facilities will be provided for each lot. 12. Floodplain dedication. Where landfill and/or development are 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. RESPONSE: There is no floodplain associated with this development. Therefore this criterion is not applicable. 13. Shared open space facilities. These requirements are applicable to residential planned developments only. The detailed development plan shall designate a minimum of 20%of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: a. Minimal use facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). b. Passive use facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. c. Active use facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. d. The open space area shall be shown on the final plan and recorded on the final plat or covenants. RESPONSE: To meet the open space requirements, an 8,695 square foot common open space easement will also be created across the front of all 4 lots. This area is equal to 20% of the gross site area. The 121'Avenue—4-Lot Subdivision,PD Page-32- July 2014,Revised for Completeness 9-9-14 SFA 285-008 existing sidewalk will be removed and rerouted to meander through the open space area,which will be designed for passive use,with benches and landscaping. Therefore these criteria are met. 14. Open space conveyance: Where a proposed park,playground or other public use shown in a plan adopted by the city is located in whole or in part in a subdivision, the commission may require the dedication or reservation of such area within the subdivision,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the commission in accordance with adopted comprehensive plan policies, and where a development plan of the city does not indicate proposed public use areas, the commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: a. Public ownership. Open space proposed for dedication to the city must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of city acceptance shall be made in writing by the parks &facilities division manager prior to final approval. Dedications of open space may be eligible for systems development charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below. b. Private ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the city in a form acceptable by the city. The terms of the conservation easement must include provisions for the following: i. The continued use of such land for the intended purposes; ii. Continuity of property maintenance; iii. When appropriate, the availability of funds required for such maintenance; iv. Adequate insurance protection; and v. Recovery for loss sustained by casualty and condemnation or otherwise. (Ord. 09-13; Ord. 06-16) RESPONSE: The common open space along the lot fronts will be created by an easement, equally owned and maintained by the four land owners, and recorded with the plat. Therefore these criteria are met. 121`Avenue—4-Lot Subdivision,PD Page-33- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Chapter 18.430 SUBDIVISIONS 18.430.020 General Provisions A. 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; and 2. The final plat shall reflect all conditions of approval of the preliminary plat. RESPONSE: The applicant is submitting for a preliminary plat approval for a 4-Lot subdivision. No variances or adjustments are being requested. The final plat will reflect all conditions of approval of the preliminary plats. B. 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. RESPONSE: The proposed subdivision proposal is in compliance with ORS 92 and all state regulations set forth in ORS Chapter 92, Subdivisions. This criterion is met. C. 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. RESPONSE: Lot 3 is proposed to contain the existing home. While a large lot,this lot is not of sufficient size such that it could be partitioned in the future. The development plan meets the minimum density requirements. D. 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. RESPONSE: The applicant is not proposing to utilize Lot Averaging as part of this subdivision. Therefore this criterion is not applicable. E. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. RESPONSE: No temporary sales office is proposed. This criterion does not apply. 121'Avenue—4-Lot Subdivision,PD Page-34- July 2014,Revised for Completeness 9-9-14 SFA 285-008 F. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. G. 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. RESPONSE: The site is not within a floodplain area. Therefore these criteria do not apply. 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. RESPONSE: All of the public utilities and facilities such as sewer, gas, electrical, and water systems are proposed to be located and constructed in a manner to not be subject to flood damage. No floodplain exists on the site. This criterion is met. I. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and RESPONSE: The propose subdivision will direct storm drainage from the site into pipes, catch basins,with water quality/detention being provided through individual LIDA facilities and then ultimately discharged via weep holes to Plantation Terrace. Therefore, adequate drainage is provided. J. 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). RESPONSE: The site is not located within or near a floodplain. This criterion does not apply. 18.430.040 Approval Criteria: Preliminary Plat A. Approval criteria. The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; RESPONSE: As demonstrated with this report,the proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations. 121'Avenue—4-Lot Subdivision,PD Page-35- July 2014,Revised for Completeness 9-9-14 SFA 285-008 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; RESPONSE: The proposed plat, 121st Avenue, is not a duplicative name and has been accepted by the Washington County Surveyors office for this project. 3. 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 RESPONSE: There are no adjacent subdivisions or major partitions already approved adjoining the property which do not already have improvements in place. The site has access from an existing Tract and easement provided in conjunction with the adjacent development. Additional tract area(Tract"A")will be added in order to accommodate the paved private street and curb. No new roads are proposed, as there are no existing or planned public roads stubbed to this property, which require appropriate extension through the site. Therefore this plat has been laid out to provide for shared accesses to the lots, consistent with the current access,which is via Plantation Terrace. Therefore this criterion is met. 4. An explanation has been provided for all common improvements. RESPONSE: Common improvements proposed include: realignment of the sidewalk, connection of utilities and installation of landscaping and amenities within the common open space easement across the front of the lots. The driveways, which will cross the common open space will be paved (turfstone)to provide a uniform high quality visual appearance. There will be three driveway crossings,with Lots 2 & 3 sharing a common drive. B. Conditions of approval. The Approval Authority may attach such conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. RESPONSE: The applicant understands the Approval Authority's ability to attach conditions related to the documents cited above, and reserves the right to comment on them at such time as they are proposed. 18.430.050 Submission Requirements: Preliminary Plat A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Chapter 18.390. B. Additional information. In addition to the general information described in Subsection A above, the preliminary plat shall contain specific information, the detailed content of which can be obtained from the Director. 121st Avenue—4-Lot Subdivision,PD Page-36- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The applicant has met the General submission requirements for a Type II procedure as governed by Chapter 18.390 as shown in the application packet. In addition, included in the packet are materials that make up the Additional information required. The preliminary plat contains the detailed content based on forms provided by the director. This criterion is met, and compliance will be confirmed through the City's "completeness review." 18.430.060 Adjustments Authorized A. Granting of adjustments. Adjustments to the subdivision regulations prescribed by this title may be authorized by the Director, and application shall be made with a preliminary plat application in accordance with Section 18.430.050. Criteria for granting such adjustments are contained in Section 18.370.020.0.1. RESPONSE: The applicant is not proposing any Development Adjustments. Therefore this criterion is not applicable. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.020 List of Zoning Districts D. 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. RESPONSE: The subject site proposed for development is zoned R-4.5. The proposed lots meet the minimum lot size standards. Therefore the Lot Size Averaging option is not being applied. No civic or institutional uses are proposed. Therefore this criterion is met. USE CATEGORY-R-4.5 RESIDENTIAL Household Living (Permitted) HOUSING TYPES R-4.5 Single Units, Detached(Permitted) RESPONSE: As indicated above,household living within single units, detached is a permitted use in the zone. The use criteria are met. 18.510.050 Development Standards R-4.5 Standards for Detached Units Minimum Lot Size = 7,500 Square Feet Average Minimum Lot Width = 50 feet 1215`Avenue—4-Lot Subdivision,PD Page-37- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The application includes 4 lots,with each lot meeting the minimum R-4.5 standards, not incorporating lot averaging as permitted by Section 18.430.020.D. All of the lots contain greater than 7,500 square feet. All proposed lots meet the 50 feet in width. Therefore, these criteria are met. Minimum Setbacks Proposed Adjustments -Front yard = 20 feet -Side facing street on corner & through lots = 15 feet 8 feet(Lots 1 & 4) -Side yard= 5 feet 3 feet, (Lot 4 -Rear yard= 15 feet -Side or rear yard abutting more restrictive zoning district =N/A -Distance between property line and front of garage =20 feet -Maximum Height= 30 feet RESPONSE: The owner or builder will be responsible for meeting the setback requirements and all new lots have been designed to be able to meet the setbacks with minor adjustments requested by this Planned Development, as listed above. The lot for the existing house has been designed to maintain compliance with the standard setbacks. Building envelopes consistent with the adjusted setbacks requested are reflected on the Preliminary Plat. Chapter 18.705 ACCESS,EGRESS,AND CIRCULATION A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. RESPONSE: The applicant understands the continuing maintenance obligations. The provision and maintenance of access for this development was previously established with Stepping Stone Estates. An updated maintenance agreement will be provided for Final Plat recordation. This agreement will address the limited physical changes to the existing access and maintenance agreement, which includes the realigned sidewalk and new driveways (Turfstone). Therefore this criterion is met. B. 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. RESPONSE: The applicant has prepared and submitted scaled plans seeking approval that show how access, egress and circulation requirements are to be fulfilled. This criterion is met. 121'Avenue—4-Lot Subdivision,PD Page-38- July 2014,Revised for Completeness 9-9-14 SFA 285-008 C. 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: RESPONSE: Joint access was previously established with Stepping Stone Estates. No changes are proposed to the existing access and maintenance agreement, except the sidewalk realignment and driveways. Therefore this criterion is met. D. Public street access. All vehicular access and egress as required in Sections 18.705.030.H and 18.705.030.1 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. RESPONSE: All vehicular access and egress including driveways and streets connect directly with a public street proposed for approval by the city for public use. These driveways will be maintained by homeowners at the required standards on a continuous basis. This criterion is met. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. RESPONSE: There will be no new curb cuts to a public street. All proposed curb cuts to the private street (Plantation Terrace)will be in accordance with Section 18.810.030.N. This criterion is met. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; RESPONSE: The proposed project is residential and not commercial, institutional or industrial. There are existing sidewalks along SW 1215t Avenue, and also along the private street (Plantation Terrace). The sidewalk along Plantation Terrace will be realigned to meander through the common open space easement,but will maintain internal connectivity to surrounding public sidewalks with adjacent and nearby development. The internal walkway also connects north to SW Kelly Lane. Therefore,this criterion does not apply and no additional walkways are required. 1215`Avenue—4-Lot Subdivision,PD Page-39- July 2014,Revised for Completeness 9-9-14 SFA 285-008 2. 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, and common open space and recreation facilities; RESPONSE: The proposed project is detached single family in nature. This criterion does not apply. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping,pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; RESPONSE: No required walkways are proposed to cross vehicle access drives or parking lots. Therefore,this criterion does not apply. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well- drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. RESPONSE: The existing sidewalks are all paved with concrete, and designed to slope to the street for drainage. Street lighting will be provided as required by the City for public streets for safety purposes. No soft surfaced public use pathways are proposed. Therefore,this criterion is met. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the commission for review when, in the opinion of the director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. 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. 1215`Avenue—4-Lot Subdivision,PD Page-40- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The applicant has designed the subdivision to allow for access to be accommodated without causing or increasing existing hazardous traffic conditions, inadequate access for emergency vehicles nor will 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. Therefore, these criteria are met. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the city, the RESPONSE: No direct individual access to arterial or collector streets from single-family dwellings and duplex lots is proposed. This criterion does not apply. H Access management. 1. 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 (depending on jurisdiction of facility.) RESPONSE: The applicant has designed the driveways to provide a minimum 30 foot setback from the intersection of Plantation Terrace and SW 121st Avenue. The driveways,which will cross the common open space, will be paved (turfstone)to provide a uniform high quality visual appearance. There will be three driveway crossings, with Lots 2 & 3 sharing a common drive. An Access Management Report is provided in Section VII of this Narrative. It verifies the design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO in this case. This criterion is met. 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. 1215`Avenue—4-Lot Subdivision,PD Page-41 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: SW 121st Avenue is an abutting collector street. However,no new driveways are proposed connecting directly to SW 121st Avenue. All lot access will be from Plantation Terrace, which is an established shared access. Three driveways are proposed, including Lots 2 & 3 utilizing a shared driveway. The first two driveways (Lots 2, 3 & 4)will be setback less than 150 feet from the right-of-way line for SW 121st Avenue. However,the shared driveway for Lots 2 & 3 is located consistent with the driveway for the existing house. The new driveway for Lot 4 is set to the west side of the lot, at 35 feet from the 121St Avenue intersection,thereby providing the maximum practical setback from the collector street. With only 8 total lots with access from Plantation Terrace,the new driveways are not expected to create any significant problem relative to the "influence area" of this intersection. Therefore this criterion is met to the degree practical. 3. 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. RESPONSE: There are no new local streets proposed. Therefore this criterion does not apply. 4. The minimum spacing of local streets along a local street shall be 125 feet. RESPONSE: There are no new driveways or access points proposed to SW 121st Avenue, which is an abutting collector street. All access will be from Plantation Terrace and existing shared,private street. Therefore,the spacing complies with the local street spacing along a local street requirement. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single- family dwelling units on individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1 and 18.705.2; RESPONSE: All single family lots are proposed to have individual driveways at least 12 feet in width. Lots 2 & 3 will share a driveway, which will be 13 feet in width. This criterion is met. Chapter 18.715 DENSITY COMPUTATIONS A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s)from the total site acres: 1. All sensitive land areas: 1215`Avenue—4-Lot Subdivision,PD Page-42- July 2014,Revised for Completeness 9-9-14 SFA 285-008 a. Land within the 100 year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard "Significant Tree Grove Map" or "Significant Habitat Areas Map"; RESPONSE: The site does not contain any of the features within items a through e above. 2. All land dedicated to the public for park purposes; RESPONSE: No lands are proposed to be dedicated to the public for park purposes. 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20%of gross acreage, b. Multifamily development: allocate 15%of gross acreage or deduct the actual private drive area; RESPONSE: Dedication for additional right-of-way for SW 121st Avenue and Plantation Terrace are factored into the density calculation. The applicant is using actual information from the proposed plat in the calculations below. 4. All land proposed for private streets; and RESPONSE: There private street(Plantation Terrace)being provided is included in the calculations below. 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. RESPONSE: The actual lot size for the existing house, which is being retained, is 13,824 square feet. B. 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. RESPONSE: The net acreage is 43,560 square feet minus 2,158 square feet for right-of-way and private street, minus 13,824 square feet(house lot area) =27,578 square feet. 27,578 square feet divided by 7,500 equals 3.67 units. 121st Avenue—4-Lot Subdivision,PD Page-43 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 43,560 Gross -2,158 13,824 27,578 net area/7,500=3.67 The applicant is proposing 3 new lots or units to go along with the existing house for a total of 4 units. The lot area of the existing house is netted out of the calculation and therefore is not exceeding the maximum of 3 dwelling units allowed with this subdivision. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B above by 80% (0.8). RESPONSE: The minimum number of units is 80% of the number of units allowed which are 3.67 units. 80% of 3.67 units is 2.94 units. Therefore,2 units is the minimum required density. The proposal is for 3 new units after the lot for the existing house is netted out and therefore the proposal complies with the minimum density requirements. Chapter 18.725 ENVIRONMENTAL PERFORMANCE STANDARDS 18.725.010 Purpose The purpose of this chapter is to apply the federal and state environmental laws, rules and regulations to development within the City of Tigard. 18.725.020 General Provisions A. Compliance with applicable state and federal regulations. In addition to the regulations adopted in this chapter, each use, activity or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental Quality Commission pertaining to non point source pollution control and contained in the Oregon Administrative Rules shall by this reference be made a part of this chapter. B. Evidence of compliance. Prior to issuance of a building permit, the director may require submission of evidence demonstrating compliance with state,federal and local environmental regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits (ACDP) or Indirect Source Construction Permits (ISCP). C. Continuing obligation. Compliance with state,federal and local environmental regulations is the continuing obligation of the property owner and operator. 121'Avenue—4-Lot Subdivision,PD Page-44- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.725.030 Performance Standards A. Noise. For the purposes of noise regulation, the provisions of Sections 6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply. RESPONSE: The applicant does not anticipate any compliance issues relative to noise. All site construction will comply with the City's noise standards. B. 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 property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. RESPONSE: This is a residential neighborhood, not commercial or industrial. Therefore this criterion is not applicable. C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. D. Odors. The emission 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 (340-028-090) apply. E. 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. F. 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. (Ord. 12-02§3) RESPONSE: The applicant does not anticipate any compliance issues relative to items C to F. All site construction will be managed to comply with applicable City's standards. 121'Avenue—4-Lot Subdivision,PD Page-45- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 1. Limitations on the placement of residential structures on flag lots apply when any of the following exist: a. A flag lot was created prior to April 15, 1985; b. A flag lot is created after April 15, 1985 by an approved partition; or c. A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially-zoned land. RESPONSE: No flag lots are created by the subdivision. Therefore these criteria are not applicable. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Tree Standards A. Street trees shall be required as part of the approval process for conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II),planned development (Type III), site development review (Type II) and subdivision (Type II and III)permits. RESPONSE: The applicant has revised the plans to include additional street trees, and provides an argument for counting proposed trees within the Common Open Space as street trees. Therefore this criterion is met. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. RESPONSE: The linear amount of street frontage within and adjacent to the site is shown in the following Table,together with the calculated number of street trees required based on the 40 foot spacing standard. 121'Avenue—4-Lot Subdivision,PD Page-46- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Street Trees Analysis Street abutting Site Linear Frontage Required Trees @ Proposed Street 40 foot spacing Trees SW 121St Avenue 190 4.75 = 5 5 Plantation Terrace 333 8.33 = 8 11 Total 514 12.85 = 13 16 As shown on the revised Landscape Plan(L1)the applicant is proposing a total of 16 street trees. These include 11 trees along SW Plantation Terrace,mostly within the Common Open Space Easement, and 5 street trees along the 121st Avenue frontage. The standard street section has an off-set sidewalk, located behind a planter strip, with sidewalk and planter strip parallel to the curb. However,the Code recognizes that in some cases the sidewalk may be curb-tight, and in that case the 6 foot planter strip for street trees is measured from behind the sidewalk, as on SW 121st Avenue. With this Planned Development,with private street, the applicant is proposing a meandering sidewalk, rather than the typical parallel walk associated with a standard street section. Therefore the applicant argues that consideration should be given for the meandering sidewalk in determining qualification for street trees. We argue that the frontage along SW Plantation Terrace is designed with an extra wide planter strip, which varies in depth from 16.5 to 35 feet. Consistent with the application of the Code for SW 121st Avenue,the applicant believes the allowed planter strip for Plantation Terrace should be measured between the curb and within 6 feet of the back of the walk, rather than being strictly limited to 6 feet parallel to the curb. We submit that the code typically considers the sidewalk part of the street section. When the sidewalk is curb-tight, rather than off-set by a planter strip, the Code allows street trees to be located within 6 feet of the back of walk. As a significant design component of the PD Concept,the proposed landscaping plan provides a Common Open Space easement along the frontage of the 4 lots. This Open Space easement is designed to create an enhanced streetscape, as compared to the typical sidewalk and 6 foot planter strip with street trees planted with uniform linear spacing. Instead of a standard sidewalk parallel to the curb,the sidewalk is proposed to be realigned to meander through 12 trees randomly spaced along both sides of the realigned walkway. The applicant argues that Plantation Terrace is a private street and even though the sidewalk meanders away from the curb, it should still be considered part of the street section. Therefore we submit that any tree planted within 6 feet of the back of the meandering walk should qualify as street trees. The revised plan provides for 11 of the 12 trees along Plantation Terrace to be street trees, as they are within 6 feet of the back of walk. 121s`Avenue—4-Lot Subdivision,PD Page-47- July 2014,Revised for Completeness 9-9-14 SFA 285-008 The applicant further argues that these proposed trees serve the same function as traditionally located street trees by enhancing the streetscape and providing shading and buffering of the sidewalk. In fact, consistent with the intent of the PD provisions,the applicant believes the proposed design provides for a more desirable and higher quality visual streetscape than would result from strict compliance with the linear sidewalk and street trees standards. If,however,the Review Authority does not allow all 16 trees to be counted as street trees, then the applicant requests approval to pay into the City's Tree Fund for any trees not so qualified. Therefore this criterion can be met. C. Street trees required by this section shall be planted according to the street tree planting standards in the Urban Forestry Manual. RESPONSE: The street trees proposed will be planted according to the street tree planting standards in the Urban Forestry Manual. Details are shown in the plan and in the Manual made part of this application by reference. This criterion is met. D. Street trees required by this section shall be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. RESPONSE: Street trees required by this section will be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. This criterion is met. E. Street trees required by this section shall be planted within the right-of-way whenever practicable according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted no more than six feet from the right- of-way according to the street tree planting standards in the Urban Forestry Manual when planting within the right-of-way is not practicable. RESPONSE: The applicant has revised the Landscaping Plan(L2)to provide additional street trees, as follows: Plantation Terrace This frontage requires 8 street trees. The applicant argues that the proposed Common Open Space easement,with meandering sidewalk is technically part of the street, but just separated by a larger planter strip. Therefore we believe that any trees planted between the curb and 6 feet outside of the sidewalk, should in fact be counted as street trees. Under this scenario we believe 11 of the 12 trees qualify as street trees. 1215`Avenue—4-Lot Subdivision,PD Page-48- July 2014,Revised for Completeness 9-9-14 SFA 285-008 SW 121st Avenue This frontage is requires 5 trees. The Landscaping Plan has been revised to provide 5 street trees along the 121st Avenue frontage. However,there is a tall retaining wall and existing on-site hedge along this street frontage. The retaining wall is built to the back edge of the sidewalk, which leaves no space for street trees, except behind the walk and the wall. As reflected in the Existing Conditions photos (Sheet 4b) this wall averages over 4 feet in height. For this reason,the street trees will actually be elevated above the street level,but within 6 feet of the back of walk and right-of-way. Therefore these 5 trees qualify as street trees. If, however, the Review Authority does not all 16 trees to be counted as street trees,then the applicant requests approval to into the City's Tree Fund for any trees not so qualified. Therefore based on the code interpretation outlined above, this criterion can be met. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of- way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the tree preservation and removal site plan (per Section 18.790.030.A.2), tree canopy cover site plan (per Section 18.790.030.A.3) and supplemental report(per Section 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. RESPONSE: Existing trees are not utilized as street trees. This criterion does not apply. G. In cases where it is not practicable to provide the minimum number of required street trees, the director may allow the applicant to remit payment into the urban forestry fund for tree planting and early establishment in an amount equivalent to the city's cost to plant and maintain a street tree for three years (per the street tree planting standards in the Urban Forestry Manual)for each tree below the minimum required. RESPONSE: The applicant is providing the minimum number of required street trees either by planting or payment to the Tree Fund. Therefore, this criterion is not applicable. 121'Avenue—4-Lot Subdivision,PD Page-49- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of- way, buffering, but not screening, shall be required as specified in the matrix. 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this code. RESPONSE: This property is zoned the same as the surrounding properties and planned for single family homes, consistent with the abutting neighborhood. Therefore these provisions are not applicable. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping and screening requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. RESPONSE: Graded areas not to be occupied by structures will be replanted as set forth in this section to prevent erosion after construction activities are completed. The erosion control permit will remain in effect through house construction. This criterion is met. B. Preparation for re-vegetation. Topsoil removedfi°om the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage shall be located consistent with an approved urban forestry plan per Chapter 18.790 or outside the tree canopy driplines of trees intended to be preserved in cases when there is no approved urban forestry plan; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 1215`Avenue—4-Lot Subdivision,PD Page-50- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: Topsoil removed during site clearing will be stored on site and protected from erosion activities while grading occurs. The location is outside of tree canopy driplines intended to be preserved. The topsoil will be restored to exposed cut and fill embankments or other areas to provide a suitable base for seeding and planting. These criteria are met. C. Methods of re-vegetation. Acceptable methods of re-vegetation include hydro- mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: 1. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; 2. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; 3. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and 4. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. RESPONSE: Re-vegetation methods in accordance with this section will occur after completion of grading activities and topsoil dispersal or as otherwise required by the Erosion Control Permit. Where lawn or turf is proposed, it will be installed consistent with these criteria. Plant materials will be watered at intervals sufficient to ensure survival and growth and native materials are primarily proposed to encourage reduced irrigation and maintenance demands. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.030 General Provisions A. Vehicle parking 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. RESPONSE: Sheet 5 of 7 provides the proposed Access, Egress and Circulation Plan. Access to the proposed 4 lots will be via the existing shared private street, Plantation Terrace. Access to the lots will be provided by three driveways off of Plantation Terrace, with Lots 2 & 3 sharing a driveway. Therefore this criterion is met. B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwelling and single-family attached dwellings shall be located on the same lot with the dwelling(s). 121s`Avenue—4-Lot Subdivision,PD Page-51 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: All off-street parking for the single family detached homes will be located on the same lot as the dwellings. This criterion is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements TABLE 18.765.2 MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS Single Units, Detached= 1.0/DU RESPONSE: Bicycle parking for single family detached homes is provided within the garages as is typical of large and medium sized lot residential development. More than enough space for 1 bike is provided. This criterion is met. Chapter 18.790 URBAN FORESTRY PLAN 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; RESPONSE: The Urban Forestry Plan requirements are being completed through the coordination of a licensed landscape architect and a certified arborist. This criterion is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; RESPONSE: The plans submitted meet the tree preservation and removal site plan standards in the Urban Forestry Manual. This criterion is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and RESPONSE: The submitted plans indicate how the applicant is meeting the tree canopy site plan standards in the Urban Forestry Manual. This criterion is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. RESPONSE: The submitted application materials contain the supplemental report meeting the standards in the Urban Forestry Manual. This criterion is met. 121st Avenue—4-Lot Subdivision,PD Page-52- July 2014,Revised for Completeness 9-9-14 SFA 285-008 B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15%effective tree canopy cover will not be provided through any combination of tree planting or preservation for any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation requirements in the Urban Forestry Manual. RESPONSE: The required canopy cover will be provided. Therefore this criterion is not applicable. C. Tree canopy fee use. Tree canopy fees provided to the city shall be deposited into the urban forestry fund and used as approved by council through a resolution RESPONSE: The required canopy cover will be provided. Therefore this criterion is not applicable. 18.790.050 Flexible Standards for Tree Planting and Preservation A. General provisions. To assist in the preservation and/or planting of trees and significant tree groves, the director may apply one or more of the following flexible standards as part of the land use review approval. To the extent that the standards in this section conflict with the standards in other sections of this title, the standards in this section shall apply except in cases where the director determines there would be an unreasonable risk to public health, safety, or welfare. Use of the flexible standards shall be requested by the project arborist or landscape architect as part of the land use review process. The flexible standards are only applicable to trees that are eligible for credit towards the effective tree canopy cover of the site. RESPONSE: The applicant is not requesting application of any flexible standards. Therefore this criterion is not applicable. B. Approval criterion for use of flexible standards. The review body may consider modifications for lot dimension standards or site-related development standards as part of the urban forestry plan review process. These modifications are done as part of the urban forestry plan review process and are not required to go through the adjustment process. In order to approve these modifications, the review body must find that the modification request is the least required to preserve and/or plant trees, that the modification will result in the preservation of or an addition to tree canopy on the lot, and that the modification will not impede adequate emergency access to the site. 1215`Avenue—4-Lot Subdivision,PD Page-53 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: The applicant is not requesting application of any flexible standards. Therefore this criterion is not applicable. C. Flexible standards to preserve or plant trees. The following flexible standards are available to applicants in order to preserve or plant trees on a development site. 1. Lot size averaging. To preserve existing trees in the development plan for any land partition under Chapter 18.420, lot size may be averaged to allow lots less than the minimum lot size required in the underlying zone as long as the average lot area is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone. RESPONSE: The applicant is not requesting application of any flexible standards. Therefore this criterion is not applicable. 2. Adjustments to setbacks. The following setback reductions will be allowed for lots preserving existing trees using the criteria in subparagraph a of this paragraph 2. a. Reductions allowed. i. Front yard. Up to a 25%reduction of the dimensional standard for a front yard setback required in the base zone. Setback of garages may not be reduced by this provision. ii. Other setbacks. Up to a 20%reduction of the dimensional standards for other setbacks required in the base zone. RESPONSE: The applicant is not requesting any adjustments to setbacks for trees. Therefore this criterion is not applicable. 3. Adjustments to sidewalks. Location of a public sidewalk may be flexible in order to preserve existing trees or to plant new large stature street trees. Sidewalk location and design must be approved by the development engineer. For preservation, this flexibility shall be the minimum required to achieve the desired effect. For planting,preference shall be given to retaining the planter strip and separation between the curb and sidewalk wherever practicable. If a preserved tree is to be utilized as a street tree, it must meet the criteria found in the landscaping and screening Section 18.745.040.F. RESPONSE: The applicant is not requesting any adjustments to sidewalks for trees. Therefore this criterion is not applicable. 1215`Avenue—4-Lot Subdivision,PD Page-54- July 2014,Revised for Completeness 9-9-14 SFA 285-008 4. Adjustments to commercial/industrial/civic use parking. 5. Adjustments to commercial/industrial/civic use landscaping. RESPONSE: The proposed project is residential in nature. Therefore items 4 and 5 do not apply. Chapter 18.795 VISUAL CLEARANCE AREAS 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. RESPONSE: The site has been designed to accommodate Visual Clearance areas on corners of all property adjacent to the intersection of two streets and driveways providing access to public streets. The initial construction will provide the areas and ongoing maintenance of the visual clearance areas will be the responsibility of individual property owners over which their property is affected by the need for visual clearance. This criterion is met. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting,fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists,from the street center line grade, except that trees exceeding this height may be located in this area,provided all branches below eight feet are removed. RESPONSE: Clear vision areas proposed will not contain vehicles,hedges,plantings, fences, walls or temporary or permanent obstructions exceeding three feet in height. Any trees within the area will have branches only above the 8 foot height requirement. This criterion is met. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges,plantings,fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. RESPONSE: No additional topographical constraints exist as related to vision clearance areas and therefore this section does not apply. 1215`Avenue—4-Lot Subdivision,PD Page-55- July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.795.040 Computations B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non- arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall Be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: RESPONSE: Vision clearance areas are shown on the plans for the existing public street intersection of SW 121St Avenue and Plantation Terrace, demonstrating the project will compliance with this requirement. 2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non- arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. RESPONSE: No new non-arterial streets less than 24 feet are proposed or exist in or adjacent to this project. Therefore,this criterion does not apply. Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. RESPONSE: The site has frontage on SW 121st Avenue which is a public collector street. There are no indications that access to this public street as currently existing is not appropriately designed. This criterion is met. 2. No development shall occur unless streets within the development meet the standards of this chapter. 121'Avenue—4-Lot Subdivision,PD Page-56- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: No new streets,public or private are proposed. The existing streets have previously been approved and designed to meet the standards of this chapter. This criterion is met. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter,provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. RESPONSE: SW 121St Avenue which is adjacent to the site is improved consistent with this criterion. Additional right-of-way is being dedicated to accommodate future widening, if needed. Therefore this criterion is met. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. RESPONSE: No new streets area proposed. Therefore this criterion is not applicable. S. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. RESPONSE: The applicant is not seeking a fee-in-lieu for future improvements at this time. This section does not apply. 1215`Avenue—4-Lot Subdivision,PD Page-57- July 2014,Revised for Completeness 9-9-14 SFA 285-008 6. The standards of this chapter include the standard specifications adopted by the city engineer pursuant to Section 18.810.020.B. RESPONSE: The design of the project complies with the specifications adopted by the city engineer. Therefore meet the standards of this chapter. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030.E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety. RESPONSE: No adjustments are being requested. Therefore this criterion is not applicable. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed,provided that such street is deemed essential by the council for the purpose of general traffic circulation. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present: RESPONSE: No new streets are being created. However, additional right-of-way will be dedicated as part of the Final Plat recordation. This criterion is met. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval. RESPONSE: The proposed project is providing street right-of-way in accordance with the regulations applicable to the standards and dedications will be made with this subdivision. 121'Avenue—4-Lot Subdivision,PD Page-58- July 2014,Revised for Completeness 9-9-14 SFA 285-008 3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public" as grantee. RESPONSE: The street right-of-way will be dedicated through the final plat process rather than by deed. This criterion does not apply. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.030.1. RESPONSE: No new access easements are proposed. There is an existing access easement as part of Plantation Terrace. Part of this easement will be converted to a Tract,to accommodate the existing private street improvements. All access to individual lots will be accommodated by individual or shared driveways. This criterion does not apply. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section; and RESPONSE: Proposed street grades comply with subsection N of this section and will be approved by the city engineer. This criterion is met. 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. 121'Avenue—4-Lot Subdivision,PD Page-59- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: There is no need for this development project to provide for the continuation and appropriate projection of existing streets in the surrounding area. No new streets are being created. Access to the lots will be via an existing private street. Therefore these criteria are not applicable. 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 or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described 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. c. On-street parking needs. d. Sidewalk and bikeway requirements. e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. i. Planting and landscape areas. j. Safety and comfort for motorists, bicyclists, and pedestrians. k. Access needs for emergency vehicles RESPONSE: The City has preliminarily provided the applicant information regarding the desired right-of-way widths for SW 121st Avenue. No other street improvements were identified. Therefore these criteria are met. F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the 120 Avenue—4-Lot Subdivision,PD Page-60- July 2014,Revised for Completeness 9-9-14 SFA 285-008 applicant's request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes,pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. RESPONSE: There is no need for this development project to provide for the continuation and appropriate projection of existing streets in the surrounding area. No new streets are being created. Access to the lots will be via an existing private street. The existing street pattern does not allow for the creation of any new blocks. There are no transit facilities or bicycle routes within 530 feet of the subdivision other than public streets utilized by bicycles and cars alike. All existing sidewalks and pedestrian facilities are shown as well. Therefore this criterion is met to the degree practicable. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be culs-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. 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. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. RESPONSE: There are no surrounding properties that need access from a street that could be provided by this development. There are no existing stubbed streets and no future planned streets associated with this development. Therefore these criteria are met by existing conditions or are otherwise not applicable. G. Street spacing and access management. Refer to Section 18.705.030.H. RESPONSE: The applicant has address the street spacing and access management requirements in section 18,705.030.H, see also Traffic Impact Summer, Section VII, at the end of this Narrative. This criterion is therefore met. 121'Avenue—4-Lot Subdivision,PD Page-61 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 H Street alignment and connections. 1. 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. RESPONSE: To the degree practicable,the design of the project allows for full street connections with spacing of no more than 530 feet between connections to occur. Therefore,this criterion is met. 2. 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 considered 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 si ffacient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. RESPONSE: Only one collector street (SW 121St Avenue) abuts the development site. Half street improvements are not required,per pre-application conference. However, street trees will be provided. This criterion is met. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. RESPONSE: With this particular property, access is already established by a private street, and no new streets are proposed or necessary. Therefore this criterion is met, or otherwise not applicable. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. RESPONSE: There is an existing internal street network. While it is not interconnecting as for vehicles,there is connectivity of pedestrian circulation. There are no logical extensions of streets associated with this development. This criterion is met to the degree practicable. 121'Avenue—4-Lot Subdivision,PD Page-62- July 2014,Revised for Completeness 9-9-14 SFA 285-008 I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75 degrees unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. RESPONSE: No new streets are proposed. The existing streets have been designed so at intersect at an angle as near to a right angle as practicable. In no case is there an intersection angle less than 75 degrees. This criterion is met. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. RESPONSE: SW 121st Avenue has a substandard half right-of-way width and the project will dedicate an additional 2 feet of width so that it complies with the standard of 35 foot centerline section. This criterion is met. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. RESPONSE: Based on pre-application comments, no street improvements are required, only dedication of additional right-of-way. This criterion does not apply. L. Cul-de-sacs. A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: RESPONSE: No new cul-de-sacs are proposed. Plantation Terrace, a cul-de-sac private street was approved as part of Stepping Stone Estates. This criterion does not apply. M. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the city engineer. 1215`Avenue—4-Lot Subdivision,PD Page-63 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: No new street names are proposed. This criterion is not applicable. N. Grades and curves. 1. Grades shall not exceed 10%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); and 2. Centerline radii of curves shall be as determined by the city engineer. RESPONSE: No new streets are proposed, and the existing development contains only local streets and none have a grade exceeding 12%. The centerline radii of curves are of sufficient size to comply with City requirements. This criterion is not applicable. O. Curbs, curb cuts, ramps, and driveway approaches. 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, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. RESPONSE: Concrete curb cuts,ramps and driveway approaches will be constructed in accordance with this chapter and Section 15.04.080. No asphalt approaches are proposed. Concrete driveway approaches to the property line will be built to city configuration standards. This criterion is met. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way,provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. RESPONSE: There are no adjacent railroad rights-of-way near the site. This criterion does not apply. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 121'Avenue—4-Lot Subdivision,PD Page-64- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: No new access to arterials or collectors is proposed. This criterion does not apply. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. RESPONSE: Upon completion of street improvements and prior to acceptance by the city,the developer's surveyor will provide certification to the city that all boundary and interior monuments have been established and protected. This criterion will be met through the final plat process. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. RESPONSE: The applicant understands the burden of costs associated with city installed signage. This criterion is met. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S.post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S.post office prior to final approval. RESPONSE: Joint mailbox structures will be installed during construction and placed adjacent to roadway curbs. The existing joint boxes are located on the western edge of the site. The new boxes will be installed in the same location. Plans for the joint mailbox structures to be used will be submitted for approval by the city engineer/U.S. post office prior to final approval. This criterion is met. Y. Street light standards. Street lights shall be installed in accordance with regulations adopted by the city's direction. RESPONSE: There are existing street lights along SW 1215t and Plantation Terrace. Therefore this criterion is met. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. RESPONSE: No new street name signs are to be installed. This criterion is met under existing conditions. 121s`Avenue—4-Lot Subdivision,PD Page-65 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. RESPONSE: No new streets are being constructed. These criteria are not applicable. CC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10%or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3,000 vpd 2,000 vpd 3,001-6,000 vpd 1,000vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. 121'Avenue—4-Lot Subdivision,PD Page-66- July 2014,Revised for Completeness 9-9-14 SFA 285-008 v. The proposal requires a conditional use permit or involves a drive-through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. RESPONSE: The proposed project is only 3 new homes and will generate less than 10% increase in existing traffic to any high collision intersections identified by Washington County. The new trip generation total to SW 121St Avenue is approximately 30 trips and thus less than any of the triggers identified in b. above. The city engineer has not indicated that any of the conditions of i. through vi. Listed above actually exist. The criteria in this section are met. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facility; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. RESPONSE: A waiver is not requested as a traffic study is not required. This criterion does not apply. 18.810.040 Blocks A. Block design. 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. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre- existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. RESPONSE: No new blocks are or can be created by this subdivision. There is no further development potential of any surrounding properties and no other logical street connections to be 121'Avenue—4-Lot Subdivision,PD Page-67- July 2014,Revised for Completeness 9-9-14 SFA 285-008 made. Connectivity for pedestrian circulation to the north has already been provided as part of Stepping Stone Estates. Therefore these criteria have been met to the degree practicable. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by paragraph 1 of this subsection B. 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. RESPONSE: Connectivity for pedestrian circulation to the north has already been provided as part of Stepping Stone Estates. Therefore these criteria have been met to the degree practicable. 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. RESPONSE: Appropriate easements already exist for sanitary and storm lines. No watercourse or drainageway traverses the site. This criterion is met. B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. RESPONSE: The applicant/owner of the proposed development will make arrangements with the City, applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The easements will be recorded with the plat or in the case where an off-site easement is proposed to the east;the easement will be provided and dedicated prior to construction of the storm and sanitary lines. This criterion is met. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions. 1215`Avenue—4-Lot Subdivision,PD Page-68- July 2014,Revised for Completeness 9-9-14 SFA 285-008 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district. 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. RESPONSE: No lot contains any part of an existing or proposed public right-of-way within its dimensions. No lot exceeds 2-1/2 times the average lot width. The site is not zoned for commercial or industrial purposes. The criteria of this section are met. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley,for a width of at least 25 feet unless the lot is created through a minor land partition in which case Section 18.162.050.0 applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. RESPONSE: All of the Lots will abut an existing private street, with at least 25 feet of frontage. This criterion is met. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 1. A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and 2. All through lots shall provide the required front yard setback on each street. RESPONSE: No Through Lots are being created. Therefore,these criterions are not applicable. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. RESPONSE: The proposed lot side lines, as far as practicable are at right angles to the street upon which the lots front. This criterion is met. E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be re-divided, the commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots andfuture extension of public facilities 121`Avenue—4-Lot Subdivision,PD Page-69- July 2014,Revised for Completeness 9-9-14 SFA 285-008 RESPONSE: Proposed Lot#3 will contain more than 13,000 square feet and will contain the existing house. But none of the lots are sufficiently large enough to further divide into any additional lots meeting the minimum 7,500 square foot standard for the R4.5 zoning. This criterion is met. 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. RESPONSE: No industrial or private streets are proposed. No new local streets are proposed, and the existing public and private streets abutting this property have sidewalks,meeting city standards along at least one side of the street. This criterion is met. B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and neighborhood activity centers (schools,parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. RESPONSE: The proposed project will generate approximately 30 new vehicle trips per day. Therefore,this criterion does not apply. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extendedfi°om the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). RESPONSE: There are existing sidewalks abutting this property. No new sidewalks are required. This criterion is met or otherwise not applicable. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk 121s`Avenue—4-Lot Subdivision,PD Page-70- July 2014,Revised for Completeness 9-9-14 SFA 285-008 were located as required; or where there are existing structures in close proximity to the street(15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. RESPONSE: The existing sidewalk on SW 121st Avenue is curb-tight. Based on pre- application comments,the applicant will provide street trees along the back of the sidewalk. Consequently,based on existing conditions,no planter strips are proposed. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. RESPONSE: Per city requirements,the maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. This criterion is met. E. Application for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person,firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. RESPONSE: The existing sidewalk along Plantation Terrace will be realigned though the common open space. Therefore these criteria are applicable and the applicant will obtain the required permit and performance bonding. 12151 Avenue—4-Lot Subdivision,PD Page-71 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. RESPONSE: The proposed project will install a manhole and lateral lines from the existing sanitary system within Plantation Terrace to serve Lot 2-4. Lot 1 will be serve by a lateral from the existing sewer line to the west of the lot. This criterion is met. B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. RESPONSE: The sanitary sewer plan will be reviewed by the city engineer and approved prior to issuance of development permits involving sewer service. This criterion is met. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. RESPONSE: Oversizing of sewer systems does not appear to be necessary within the development area or projected by the comprehensive plan. This criterion does not apply. D. Permits denied. Development permits may be restricted by the commission or hearings officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. RESPONSE: Based on the pre-application conference,there are no identified deficiencies in the sanitary system and therefore the project can be approved. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 121s`Avenue—4-Lot Subdivision,PD Page-72- July 2014,Revised for Completeness 9-9-14 SFA 285-008 3. Surface water drainage patterns shall be shown on every development proposal plan. RESPONSE: The applicant is installing a storm drainage system including individual LIDA water quality/quantity facilities for each lot, as determined at the Pre-application Conference. The LIDA facilities will then direct run-off to Plantation Terrace via weep holes. The system is separate and independent of any sanitary sewerage system. Inlets are provided so that surface water is not carried across any intersection or allowed to flood any street. The surface water drainage patterns are indicated on the submitted plans. This criterion is met. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. RESPONSE: The site is not traversed by a watercourse, drainageway, channel or stream. This criterion does not apply. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runofffrom its entire upstream drainage area, whether inside or outside the development, and 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). RESPONSE: No new storm water facilities are proposed. The existing system is sized to accommodate potential runoff from the entire upstream drainage area and the city engineer will review the plans provided and the preliminary storm drainage report to approve the sizing based on the provisions of Design and Construction Standards for Surface Water Management. This criterion is met. D. Effect on downstream drainage. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). RESPONSE: The applicant proposes individual LIDA facilities for water quality treatment and detention. These facilities will result in reducing the runoff resulting from development that could overload an existing drainage facility. Therefore,this criterion is met and the project can be approved. 1215`Avenue—4-Lot Subdivision,PD Page-73 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 18.810.120 Utilities A. Underground 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, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. 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 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. RESPONSE: All of the subject utility lines will be placed underground except for surface mounted transformers, connection boxes and meter cabinets. Temporary services are acceptable above ground and there are no adjacent or proposed high capacity lines. The developer will coordinate with the serving utility to provide underground services and recognizes the city reserves the right to approve location of all surface mounted facilities. All underground utilities will be constructed prior to surfacing of the streets and stubs for service connections will be long enough to avoid disturbing the street improvements when service connections are made. The criteria of this section are met. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: RESPONSE: All required easements for underground utility facilities are shown on the plans. This criterion is met. 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. RESPONSE: Plans showing the location of all underground facilities will be submitted to the city engineer for review and approval. Care has been taken in the design to ensure that above ground equipment will not obstruct vision clearance areas. Final plans from PGE will be utilized by the city engineer to complete this review. This criterion will be continued to be met through the engineering design and review phase of the development. 1215E Avenue—4-Lot Subdivision,PD Page-74- July 2014,Revised for Completeness 9-9-14 SFA 285-008 C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding 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 undergrounding 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 undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. 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 the fee in-lieu of undergrounding. RESPONSE: There are no existing overhead utilities, which need to be undergrounded. These criteria are not applicable. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. RESPONSE: This site is not within the CBD district. This criterion does not apply. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. RESPONSE: All new utilities will be placed underground. This criterion is met. FINAL CONCLUSION Based on the discussions, findings, and plans presented herein,the applicant has demonstrated compliance with the applicable R-4.5 zoning district and the City of Tigard Development Code. Therefore the applicant respectfully requests approval of the applications submitted. 121'Avenue—4-Lot Subdivision,PD Page-75- July 2014,Revised for Completeness 9-9-14 SFA 285-008 VI. IMPACT STUDY—SW 121ST AVENUE PLANNED DEVELOPMENT SITE LOCATION The site is located on the west side of SW 1215t Avenue across and south of from its intersection with SW Rose Vista Drive. The subject site, specifically identified as Tax Lots 500 of Tax Map 2S1 03CC and is 1.00 acres in size. PROJECT DESCRIPTION The applicant requests preliminary approval of a 4-Lot Subdivision, including retention of the existing house on Lot 3. The site is within the City of Tigard and zoned R-4.5 (Residential, 4.5 units per acre). IMPACT STUDY Impacts of this development will include increased traffic and additional demand on City services and facilities. These impacts, as described below, will be offset by benefits such as: street improvements, improved pedestrian circulation, and localized improvements to sanitary sewer, water and storm drainage systems. Water The culTent Tigard water system is supplied by from the City of Portland system and has a system storage capacity of 24.5 million gallons, compared to an average daily demand of 5 mg/day, and peak summer demand of 13 mg/day. The City of Tigard has now partnered with the City of Lake Oswego to develop a joint water system. The new system will be completed in 2016. At that time Tigard will have a 14 million gallon per day supply, capable of serving a population of 58 thousand people. There is an existing 12" water line in SW 121st Avenue. Water service has already been extended within Plantation Terrace to serve Stepping Stone Estates, and the existing house. This line is adequate to serve the proposed 3 new lots. There is an existing fire hydrant at the entrance from SW 121st Avenue, no new hydrants are expected to be required. The development will pay required SDC's, as its proportional contribution towards general water system capacity. Typical residential water usage is about 240 gallons per day per household. With the proposed 4 lot subdivision, 3 new homes will be added, resulting in an increased demand of 720 gallons per day. Therefore there is adequate water capacity to serve the proposed development. 121st Avenue—4-Lot Subdivision,PD Page-76- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Sewer There is an existing sanitary sewer line in Plantation Terrace to serve Stepping Stone Estates. This system is adequate to serve the new lots. The development will pay required SDC's, as its proportional contribution towards general facility capacity. The current wastewater treatment system for Tigard is part of Clean Water Services regional system, which is designed for capacity anticipated within the UGB and their service area. The system has ample capacity to serve this proposed development. Storm Drainage There is an existing storm drainage line in Plantation Terrace to serve Stepping Stone Estates, and Lot 1. Lots 2-4 will weep hole to Plantation Terrace and flow to the existing system. This system is adequate to serve the 3 new lots. The applicant is installing individual LIDA water quality/quantity facilities, which will then connect to the system in Plantation Terrace. The system is separate and independent of any sanitary sewerage system. The facilities have been sized and located to handle the runoff for the homes on the proposed site. The facilities will be constructed concurrently with home construction. The development will pay required SDC's, as its proportional contribution towards general facility capacity. The attached storm drainage report defines the impact of the proposed development. Storm run- off from this development will be managed consistent with City and Clean Water Services standards and will not create any significant off-site impact. Other Utilities All public utilities will be delivered to the proposed site via underground lines in the proposed street. The public utilities will be installed prior to building construction. Transportation The site abuts SW 121st Avenue,just north of SW Gaarde Street. The local neighborhood and collector street system is pretty well developed. The collector circulation is provided by Gaarde Street, 121St Avenue, and Walnut Street, which link to the arterial network of 99W and Scholls Ferry Road. The closest Tri Met bus routes are the 45 line, which runs on SW Walnut and SW 1215t north of the site between 99W and SW Scholls Ferry Road. The 62 line runs on Scholls and the 12 line runs on 99W. Access to the property and proposed lots will be via existing Plantation Terrace, an access easement and Tract, platted as part of the Stepping Stone Estates. There are sidewalks along SW 121St 1215`Avenue—4-Lot Subdivision,PD Page-77- July 2014,Revised for Completeness 9-9-14 SFA 285-008 Avenue and Gaarde Street. There is also a walkway along SW Plantation Terrace extending between SW 121st and SW Kelly Lane,north of the site. No new streets are proposed within the development. However additional right-of-way will be dedicated for SW 121st Avenue to meet the 35 foot centerline section standard for collector streets. There is an existing curb-tight sidewalk along the site frontage, and the applicant will install street trees behind the sidewalk along the full frontage. Traffic generated by this development is expected to predominantly use SW 121st Avenue with trips slip both north to Scholls Ferry Road and south to SW Gaarde and then east to 99W, which are the closest designated arterials. The development will pay required TIF, as its proportional contribution towards general transportation system capacity. The applicant's traffic impact summary is included in this application. The City has also adopted a street maintenance fee, which is a monthly user fee dedicated to the maintenance of existing roadways and rights-of-way within Tigard. The fee was recommended by a citizen task force and established by the City Council in 2003. New traffic generated from the proposed development will be approximately 7-10 trips per the three additional homes, or 21-30 trips per day. This volume of traffic is not expected to significantly affect the existing roads. The existing street network provides access to adjacent properties as well as good accessibility in the four cardinal directions. By doing so, the streets provide access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. Fire Services The City is served by Tualatin Valley Fire &Rescue. The District has 21 fire stations. The two closest stations to the site are the Burnham Street Station 51 and Pacific Hwy. station 35. The district has a goal of less than a 6 minute response for fire and medical calls. The district serves a 210 square mile are with a population of 418,000 citizens. Police The Tigard Police Department is a progressive and professional police organization. The department is committed to a community policing philosophy and works very closely with the public providing a wide range of programs and information. The department is composed of dedicated police professionals committed to the community, sensitive to the needs of the citizens, while holding themselves accountable to the highest standards of excellence and achievement. 121s`Avenue—4-Lot Subdivision,PD Page-78- July 2014,Revised for Completeness 9-9-14 SFA 285-008 There are three divisions within the Police Department, including Operations, Support Services and Administration. • Operations is the uniform and traffic branch • Administration includes the public information and crime prevention functions. • Support Services consists of records, detectives,property control, commercial crimes unit, school resource officers and training. The Tigard Police Department is organized into 11 functional units, with 84.5 full-time equivalent positions (FTE); 68 sworn and 16 .5 non-sworn support personnel. The patrol division is the backbone of every police department. Patrol is responsible for the initial response of all calls for service. Three shifts are required for 24-hour service, each consisting of a supervisor and patrol officers. Personnel assigned to patrol are uniformed and perform most initial investigations, enforce traffic laws, and provide citizen assistance. Additionally, one canine officer is assigned to patrol. The average for sworn personnel in Oregon is 1.64 officers per thousand population. The City of Tigard has historically used 1.5 officers per thousand as a goal, and is currently at 1.2 officers per thousand. The most recent data available from the Bureau of Justice Statistics shows that on a national level for a city of comparable size,the average percentage of non-sworn personnel is 22 .2 percent compared to 19 .5 percent at the Tigard Police Department. The national average for all police departments is 31.2 percent. Therefore the City has adequate police service capability to serve the proposed new homes. Parks From open green fields to fishing on the Tualatin River,parks in Tigard offer great outdoor opportunities. With more than 452 acres of parks, greenways and natural areas,the City of Tigard provides a variety of options for recreation,while protecting the area's natural beauty and providing valuable wildlife habitat. The City has 10.4 acres of parks per 1000 population which is a desirable standard. In 2010, Tigard voters approved a$17 million bond measure to acquire,preserve and protect parks and open spaces. Using bond dollars and $6.05 million in contributions and grants from Metro, Oregon Watershed Enhancement Board, Washington County and Clean Water Services, more than 108 acres of park land and open space have been preserved. The proposed development is not providing any on-site recreational space, but the development will pay required SDC's, as it proportional contribution towards facility capacity. Noise This is a residential development located within a residential neighborhood. This development is not expected to result in any significantly different noise impacts than other typical residential uses. The initial noise impacts will be from construction activities, which are monitored and 1215`Avenue—4-Lot Subdivision,PD Page-79- July 2014,Revised for Completeness 9-9-14 SFA 285-008 regulated by the City as to hours of operations. Other than the interim construction period,there is nothing unusual about this development that would result in any substantial increase in noise over normal ambient residential levels. The major noise generation in the immediate area is and will remain from traffic on the abutting streets. 120 Avenue—4-Lot Subdivision,PD Page-80- July 2014,Revised for Completeness 9-9-14 SFA 285-008 VII. TRAFFIC IMPACT SUMMARY—SW 121ST AVENUE A traffic study is not required as none of the following conditions apply: a. When the site is within 500 feet of an ODOT facility; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. New traffic generated from the proposed development will be approximately 7-10 trips per the three additional homes, or 21-30 trips per day. This low volume of traffic is not expected to significantly affect the existing roads. However, the following is a brief description of anticipated traffic impacts. Street Network The subject development is located on SW 121st Avenue,which is a collector street. The surrounding Arterial network consists of: • Walnut Street/Murray Blvd. to the north; • Scholls Ferry Road to the north; and • 99W to the west. SW 121st Avenue extends north/south between SW Gaarde Street and Scholls Ferry Road, and also intersects with SW Walnut Street. SW Walnut Street connects with SW Murray Blvd. SW Gaarde and SW Walnut Streets bothintersect with Hwy 99W. Hwy 99W connects with Hwy 217 and the I-5 Freeway. Trip Distribution Residents of the 3 new homes to be built will be expected to predominantly rely on SW 121st to access either SW Scholls Ferry Road or 99W, with an estimated 90% or 27 of the total 30 trips. AM and PM peak trips will typically account for 40% of 12 of the total trips. Trips east to 99W and trips north to Scholls Ferry Road will likely be relatively evenly split at 50% or 15 daily trips each direction. The development is designed so that: • All vehicular access and egress for each lot will be connected directly to an existing private street, which then connects to SW 121St Avenue, which is a public street. • There will be no direct individual lot access to arterial or collector streets. 121st Avenue—4-Lot Subdivision,PD Page-81 - July 2014,Revised for Completeness 9-9-14 SFA 285-008 Access Management Access for the proposed development has been designed to ensure safe driveways and streets, providing adequate stacking needs, sight distance and deceleration standards as set by the city and AASHTO. The driveways for each lot are not located within the influence area of any collector or arterial street intersections. All driveways connect directly to local streets. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum new driveway setback from the local street intersection with SW 1215t Avenue is 36 feet. No new street intersections are being created. The intersection spacing between Plantation Terrace and SW Rose Vista Drive is 663 feet. The intersection separation from Plantation Terrace to SW Gaarde Street is 249 feet. Intersection vision clearance is designed to meet the 30 foot protected triangle area, as reflected on the Preliminary Streets Plan. Minimum Access requirements for residential use The proposed lot design provides for vehicular access and egress for these single-family detached dwelling units consistent with the minimum 15 foot wide, 10 foot paved driveway sections,per Table 18.705.1. 1215E Avenue—4-Lot Subdivision,PD Page-82- July 2014,Revised for Completeness 9-9-14 SFA 285-008 I t o i t i i. .I( ; - 1 I MAR pp q ci i.Wit Service , . Our corutuilntcrtt.ladear, CWS fileNuniber• . By -.-„Senn ti rea pre-Screening ill-000001- . Site Assessment ..� re r Jurisdiction: Property Information: (example 1S234Ano1400) Owner information: Taxiot ID(s): IS\ OaSC-C. 605eC) Name:<`\i\ca.cA.l\=•IN't-the. 4.4 sat c t CBeckar Company: 1.- ' 8-25. ' - Address: l3 SW \f2—\S ► A - ' 'Site Address; 13 SW' \2 A :.1'iT,..E4 Cts `1`1'2-2-3 `T:r t>°AY'cX 09Crt.2. Rhone/l ax: 1 Nearest Cross Street: E-mail: Development Activity: Check all that apply /applicant Information: • Addition to Single Family Residence (rooms,clock,garage) 0 Name: ' . :� �@ ' Lot Line Adjustment ❑ Minor Land Partition . LI Company: S'S'A- .M. Residential Condominium ❑ Commercial Condominium ❑ Address: 702-0.:, W '+ titvit,1'r#,�Py / Residential Subdivision I , Commercial Subdivision ❑ yvteti , a. o�i . Single Lot Commercial ❑ Multi.Lot Commercial ❑ Phone/Fax: gO3- 1-ii$3)) /503--.641. --,9 O*' Other v' / \,etivA4A.o.1kQe4-e.,�ct,v4or -- Boa: ,. ,„„,a,,... v�. T s ;0 ,_A . . • 1 •Wilt the project involve atiy offsite work: YES t NO pt Unknown Location and description of off-site-work:- • Additional comments or information that may be needed to understand'your project:. b kr•-s0bt3. ..1 ill;dv‘ 4146 This application does NOT replace the need for Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,MQ 1200-C Permitor other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COB. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable.times for the purpose of Inspecting project site conditions and gathering Information related to the project site. 1 certify •,• • that tam familiar with the infer lion contained in this document,and to the best of my knowledge and belief,this information Is true,complete,and accurate. Print/Type Name: ,' p Print/Type Title , ., .‘ti,"e.iyJ , • Signature: /4 Date: '4* /LI. • • . FOR DISTRICT USE ONLY • I n Sensitive areas potentially exist On site or within 200'Rf the site, THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRiOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required, J 0 Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or " within 200'of the site, This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and • protect water quality sensitive areas If they are subsequently discovered. This document will serve as your Service Provider fetter as required,by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. . 1 1 Based on review of the submitted materials and best available Information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre.Screening Site Assessment 1 does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently I • discovered. This document will verve as your Service Provider letter as required,by Resolution and Order 0720,Section -3,02,1. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. n This Service Provider Letter is not valid unless CWS approved site plan(s)are attached, . • Li Thd proposed activity does not meet the definition of development or the lot was platted after 9/9/90 ORS 92,040(2). NO SITE ASSESSMENT O SERVICE PROVIDER LETTER IS REQUIRED, Reviewed By: �� Date: 0 3/(37/i 2560 SW Hillsboro Highway•Hillsboro,Oregon 97123 • • Phone: (503)681-5100.Pax: (503)681-4439•www.elcanwatersen+ices.ore . naixm:May 8.200r ' t www.tvfr.com Tualatin Valley Fire & Rescue December 3,2013 Gary Pagenstecher 13125 SW Hall Blvd Tigard, OR 97223 Re: 13825 SW 121st Plantation Terrace Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire& Rescue endorses this proposal predicated on the following criteria and potential applicable conditions of approval: 1) AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building,and shall be positioned parallel to one entire side of the building. (OFC D105) 2) 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. (OFC 503.2.) 3) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. (OFC D103.1) 4) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking"signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. 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. (OFC D103.6) 5) 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 60,000 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. (OFC D102.1) North Operating Center Command&Business Operations Center South Operating Center Training Center 20665 SW Blanton Street and Central Operating Center 7401 SW Washo Court 12400 SW Tonquin Road Aloha,Oregon 97007-1042 11945 SW 70th Avenue Tualatin,Oregon 97062-8350 Sherwood,Oregon 97140-9734 503-259-1400 Tigard,Oregon 97223-9196 503-259-1500 503-259-1600 503-649-8577 11014 www.tvfr.com Tualatin Valley Fire &Rescue 6) 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. (OFC B105.2) Prior to issuance of a building permit,provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 7) 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. (OFC 507.5.1) 8) FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Appendix C,Table C 105.1. Considerations for placing fire hydrants may be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. 9) PRIVATE FIRE HYDRANTS: To distinguish private fire hydrants from public fire hydrants, private fire hydrants shall be painted red. (OFC 507.2.1, NFPA 24&291) 10) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (OFC C102.1) 11) 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. (OFC 510.1) 12) PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6) 13) CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) 14) 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. (OFC 1410.1 & 1412.1) 15) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a IA inch stroke. (OFC 505.1) If you have questions or need further clarification, please feel free to contact me at 503-259-1504. Page I 2 we www.tvfncom Tualatin Valley Fire &Rescue Sincerely, John Wolff Deputy Fire Marshal Copy: Matt Sprague TVFR File Page 13 SFA Design Group, LLC fa � � STRUCTURAL I CIVIL I LAND USE PLANNING I SURVEYING July 24, 2014 City of Tigard RE: Storm Water and Storm Drain Analysis Proposed 4-Lot Subdivision at 13825 SW 121st Avenue SFA Project No.: 285-008 To Whom It May Concern: This report represents the storm drainage and stormwater analysis for the 121st Avenue Subdivision project. The basis of this report is to comply with the City of Tigard, Clean Water Services (CWS), and the State of Oregon's regulations and engineering standards as well as the latest edition of the Oregon Plumbing Specialty Code (OPSC). Compiled in this report are the design criteria for the site, the hydrologic methodology, and the preliminary drainage analysis. The proposed project is a 4-lot detached single family subdivision located at 13825 SW 121St Avenue, Washington County, Oregon. The subject site is approximately 1.00 acres and is specifically identified as Tax Lot 500 of Tax Map 2S1 03CC. The property is zoned R-4.5 PD (Residential, 4.5 units per acre, with Planned Development Overlay). Currently, the site contains one existing house which will remain on lot 3 of the new subdivision. There are scattered trees throughout the property and surrounding the house. Grades across the site range from 5-8% with a relative high point of 357 feet at the southwest corner and a low point along SW 121st Avenue at 345 feet. There is approximately 12,427 square feet (0.29 acres) of existing impervious surfaces on the property consisting of the house, driveway, concrete walks and street which comprise 28.6% of the entire site. We will be constructing impervious surfaces as a result of the private driveways along with the eventual homes and sidewalks. The proposed development will create or retain 0.28 acres of impervious area which includes a portion of the existing street along the southern boundary. The applicant proposes individual LIDA infiltration planter facilities to provide water quality/quantity for each lot in accordance with CWS Design and Construction Standards 4.07 (R&O 07-20). These planters will collect roof water associated with each new home and provide treatment for the newly created impervious area. Drainage for the facilities located on lots 1-3 will be conveyed to a proposed public storm line at the rear of the lots connecting to the existing public main near the western boundary of the property. The planter located on lot 4 will drain to a weephole located in the curb along SW Plantation Terrace. Runoff from the driveways will be conveyed into the street and collected in the existing catch basin near the intersection of SW 121st Avenue. 9020 SW Washington Square Drive,Suite 505.Portland,Oregon 97223.503-641-8311 .Fax 503-643-7905•www.sfadg.com Re: Proposed 4-Lot Subdivision at 13825 SW 121“Ave. July 24,2014 Page 2 Based on the supporting stormwater calculations and attached analysis, it is the opinion of SFA Design Group that the development of the 121st Avenue Subdivision project will not adversely affect the existing downstream drainage system or adjacent property owners. We have provided water quality and quantity treatment for the eventual homes and demonstrated that with the proposed development there will be a small decrease in the overall total impervious area of the existing site. Therefore, all the requirements associated with the City of Tigard and Clean Water Services have been met for this project. • Sincerely, SFA Design Group, LLC OOP }} L�tIce R. Lappin, B:\Land Projects 2004\285-008\hydro\Preliminary Storm Drain Analysis Letter.doc 2 SOIL FEATURES FOR WASHINGTON COUNTY Soil name and map symbol Hydro- Flooding logic group Frequency Duration Months Aloha: 1 C NONE NONE NONE Amity: 2 C NONE NONE NONE Astoria: 3E,3F B NONE NONE NONE Briedwell: 4B,5B,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, IID,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 K.itchis: 24G Kitchis part C NONE NONE NONE Klickitat part B NONE NONE NONE - 285008.xls 1 WACO SOIL FEATURES PRINTED:7/23/2014 10:17 AM RUNOFF CURVE NUMBERS(TR55) Table 2-2a: Runoff curve numbers for urban areas r Cover description CN for hydrologic soil group Average percent Cover type and hydrologic condition impervious area2 A B C D Fully developed urban areas(vegetation established) Open space(lawns,parks,golf courses,cemeteries,etc.)3: Poor condition(grass cover<50%) 68 79 86 89 Fair condition(grass cover 50%to 75%) 49 69 79 84 PRE Good condition(grass cover>75%) 39 61 74 80 DEV Impervious areas: Paved parking lots,roofs,driveways,etc.(excluding right-of- way) 98 98 98 98 Streets and roads: Paved;curbs and storm sewers(excluding right-of-way) 98 98 98 98 Paved;open ditches(including right-of-way) 83 89 92 93 Gravel(including right-of-way) 76 85 89 91 Dirt(including right-of-way) 72 82 87 89 Western desert urban areas: Natural desert landscaping(pervious areas only)4 63 77 85 88 Artificial desert landscaping(impervious weed barrier,desert shrub with 1-to 2-inch sand or gravel mulch and basin borders) 96 96 96 96 Urban districts: Commercial and business 85 89 92 94 95 Industrial 72 81 88 91 93 Residential districts by average lot size: 1/8 acre or less(town houses) 65 77 85 90 92 1/4 acre 38 61 75 83 87 1/3 acre 30 57 72 81 86 1/2 acre 25 54 70 80 85 1 acre 20 51 68 79 84 2 acres 12 46 65 77 82 Developing urban areas Newly graded areas(pervious areas only,no vegetation)5 77 86 91 94 Idle lands(CNs are determined using cover types similar to those in table 2-2c) 1:Average runoff condition,and Ia=0.2S. 2: The average percent impervious area shown was used to develop the composite CN's. Other assumptions are as follows:impervious areas are directly connected to the drainage system, impervious areas hava a CN of 98,and pervious areas are considered equivalent to open space in good hydrologic condition. CN's for other combinations of conditions may be computed using figure 2-3 or 2-4. 3: CN's shown are equivalent to those of pasture. Composite CN's may be computed for other combinations of open space cover type. 4: Composite CN's for natural desert landscaping should be computed using figures 2-3 or 2-4 based on the impervious area percentage(CN =98)and the pervious area CN. The pervious area CN's are assumed equivalent to desert shrub in poor hydrologic condition. 5: Composite CN's to use for the design of temporary measures during grading and construction should be computed using figure 2-3 or 2-4 based on the degree of development(impervious area percentage)and the CN's for the newly graded pervious areas. MANNING'S "n" VALUES SHEET FLOW EQUATION MANNING'S VALUES ns Smooth Surfaces(concrete,asphault,gravel,or bare hand packed soil) 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 fon-est with light underbrush 0.40 Woods or forrest with dense underbrush 0.80 SHALLOW CONCENTRATED FLOW(after initial 300 ft of sheet flow,R=0.1) hs Forrest with heavy ground litter and meadows (a = 0.010) 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 the beginning of all visible channels,R=0.2) k� Forested swale with heavy ground cover(n=0.10) 5 Forested drainage course/ravine with defined channel bed(n=0.050) 10 Rock-lined waterway(n=0.035) 15 Grassed waterway(a=0.030) 17 Earth-lined waterway(n=0.025) 20 CMP pipe(n=0.024) 21 Concrete pipe(a=0.012) 42 Other waterways and pipe 0.508/n CHANNEL FLOW(continuous stream, R=0.4) k� Meandering stream(a=0.040) 20 Rock-lined stream(a=0.035) 23 Grass-lined stream(n=0.030) 27 Other streams, man-made channels and pipe(n=0.807/n) 285008.xls1 MANNING'S COEFFICIENTS 7/23/2014 10:18 AM IMPERVIOUS AREA CALCULATIONS sfa JOB NUMBER: 285-008 PROJECT: 121st Ave Subdivision FILE: 285008-prelim.xls NEW IMPERVIOUS AREA 4 LOTS AT 2,640-SF IMPERVIOUS AREA/LOT 10560 ft2 SIDEWALKS 0 ft2 STREET PAVEMENT(TO REMAIN) 1714 ft2 12274 ft2 0.28 ac EXISTING IMPERVIOUS AREA BUILDINGS 2055 ft2 SIDEWALKS& DRIVEWAYS 8658 ft2 GRAVEL AT 60% IMPERVIOUS 0 ft2 STREET PAVEMENT(TO REMAIN) 1714 ft2 12427 ft2 0.29 ac Total Shed Area 43476 ft2 1.00 ac Existing Impervious Area 12427 ft2 0.29 ac % Impervious 28.6 % Proposed Impervious Area 12274 ft2 0.28 ac % Impervious 28.2 % 285008_PRELIM.xls 7/24/2014 8:58 AM PREDEVELOPED TIME OF CONCENTRATION sfia JOB NUMBER: 285-008 PROJECT: 121st Ave Subdivision FILE: 285008-prelim.xls Accum. LAG ONE: SHEET FLOW(FIRST 260 FEET) Tc Tt=Travel time Manning s "n" = 0.15 Flow Length,L = 260 ft (300 ft.max.) P=2-year,24hr storm= 2.5 in Slope,So= 0.045 ft/ft 0.42 )(n * L)" TT = �P)o.s �S 0.4 17.21 min. 17.21 min. 0 TOTAL PREDEVELOPED TIME OF CONCENTRATION= 17.21 min. 285008 PRELIM.x[s\PREDEVELOPED Tc 7/24/2014 8:58 AM DEVELOPED TIME OF CONCENTRATION 5fa 19 JOB NUMBER: 285-008 PROJECT: 121st Ave Subdivision FILE: 285008-prelim.xls Catchment Time 5 min. Longest Run of Pipe 0 ft Velocity of Flow 3 ft/s Time in Pipe=(0 ft)/(3.00 ft/s)= 0 s TOTAL DEVELOPED Tc= I 5 min. I 285008 PRELIM.xls\DEVELOPED Tc 7/24/20[4 8:59 AM 0) d' d' N cO CO O a N N d- d' to tc U O O O O O O W z N 00 N O N O F ,_ � cc) LC) Z d co m o ro o co O rn rn rn CD rn CD W O• <j• • CD c0 0) m CD CO W a. Q N N N N N N Q — O O O O O O f W > cC 0 H- N- Q ¢ o 0 0 0 0 0 O �`/ 0 0 N co N co N ^� o c0 a0 c0 N N 6 N N N N N N W Q -J Q Z L 0 < d Q E o_ U z n n v d- rn c W —. C N c,.) c7 6 c') g IJ a Q Z O = N N N N N N O O 0 0 10 L0 } N N N N Ck O CO O co W W > 0) W O O c O L OCC 2 Q < I S 0 2 O Ti? 0 coN Q 0 coO O O• Q O O Q Q O In < <W d < d CO N co LU n. O_, Er O_ f N v- N O CC Q < W <W = < W W >- W } D LU>-- > >- o > u5 c0 N O 6 N Cn (i a f a N a U) W0 W 0W W 0W W X a. • z a O a- O n- O _ Q 0 O W O W O W J 0~ a" > W > W > W W O CC oi 0 O H O H O H .t 'w co 0 J V) W (l) W U) W CO OD .— lin W O o O o' O O N Cl_ O CLa o CL a Cl_ O c N CO N (` N M U ¢ > c N d. 7 o > a ii �, C'i > R. «i ri u ,- -,d o (--) N CY o 0 o ,-.) U - cv C*7 E- �n z o o0 o 6 6 avq M a • c...) C' U o 0 U • Z Oo o o W P4 U zz : 00C Q, v z ¢ - N N z 6 6 0 w g W ¢ � H a J N N - X 1..1_) N N O CO O < 0OO ¢ -/ Y O < Q ¢ Con 10 T- LO H N '- N >-' 'n d- G� M N N c7 O U W U o o '.. o ¢ v z H w Q q o o ELI r-1.1 Csl til ril o -, a w Q cii 0.., J o N off,. n - N r LI o ,., -J o 0 / I EXISTING IMPERVIOUS SURFACES c. E 4� °. m HOUSE- 2055 LOS y m",,,i',1 DRIVEWAY- 3426 SIDEWALKS- 4232 m- 5.-; ' TOTAL- 9713 • > s A m 3 Vl u .r`v o I I •• Qc N�.t GLii m a W Z Z I U o I ria SANITARYESEWERI STORM SEWER z RIM 347.32' I I LEGEND (EXISTING) MANHOLE N IE IN S=339.08' . RIM=351.44' IE OUT N=338.94' �� �� I ❑-CATCH BASIN/DRAIN INLET -BOUNDARY SUBJECT PARCEL IE IN S=345.09' w WHISTLERS WA K 36 J I �+ IE OUT N=344.99' v� Ie` u-STORM MANHOLE -RIGHT OF WAY UNE 32 , c- 33 34 •1' s -TEL-MANHOLE - -RIGHT OF WAY CENTERLINE I 3S \ -f- _ I I - QS -SANITARY SEWER MANHOLE -WACE 5885 -Y,�. I• ( ;,X _ • -WALL PUBLIC PEDESTRIAN ACCESS, I ^,q; _':I I z ,, I , -MAILBOX XSS -SANITARY SEWER LINE CO PUBLIC STORM I © _ _ S:lo�d 2,°E 22 .09' 6066 5065 805. `\ 1 i I I <2-LIGHT POLE XSD -STORM DRAIN UNE Z SEWER AND PUBLIC SANITARY i - - _- _ I i ' I �, ,5 -, °x I ! -WATER METER XW -WATER LINE SEWER EASEMENT i ARBORVITAE I-IGDO_ v5'�"7� EXISTING ��� -�_ { {'� .y-i �, I 3 I I O 1 �LIL.Y 5835 PUMP HOUSE -> '-5�-23� q'3(`� i I '. I I -COMMINICATION PEDESTAL -UNDERGROUND COMMUNICATION LINE Z IU lit Rt vED �� `C3 aRRR--""" �IIIRR"",.Al < 11I ( f _ I I XG -GAS UNE W 0 � �/ t \ JJ- i , Ir -ELECTRICAL PEDESTAL 0�e� � �- I' I , � I , XL f_ -ELECTRICALUNE 0 > V �; x 063 ) I , x 1 ^,..V/A,' b-FIRE HYDRANT ---55I- -1 CONTOUR Z Q W STORM SEWER CATCH BASIN I LA.U�-4t UCE \ s j I I I' CC RIM=353.30' I \\. - .J I• ' / I 1 I 1>1-WATER VALVE - -350 --5'CONTOUR 0 ~ Q IE OUT=351.60' \+I I I •. >:___ 6�°L\ S I I1 \,, ! - y u^W,-WELL -[URB UNE 0 STORM SEWER II\ ti • °�`�6 `�� `� _ I.'I i I; 'Y`yC - -PROPERTY LINE N \ 2 '� ( -=.:,-UTILITY POLE W/GUY ANCHOR /Rir x ` �,OJ 537t3� \ i }i I; I I I --EASEMENT UNE lJ jj MANHOLE -oo\c o 3 �� 1 1 I I DRAIN z CD Q RIM=353.84' �t I �� _il;' sa _1. a 5°HO i < I - STONE ESTATES" IE IN 5=347.98' ,,l \ I X00 \ ��=o i C \ 1 i '` a DECIDUOUS NOTED EXISTING CONCRETE I- CO IEOUT N-345.68' q 1 J • °. L __,%/I\\ _ , \ ` I {I rx s 0-EVERGREENTREE AS NOTED lu I \X ', /. POOL HOUSE a / \ \I X Ij t �� Vii ; S ---XG k-�..!iL I L,V, _7-HEDGE -EXISTING ASPHALT PAVEMENT W 4 STORM SEWER `l \,\ -� EXISTING /� `\ I (11 -I x 3 MANHOLE EXISTING •PORT I f / HOUSE 6007• y S II "'I I ) I /7 /./ RIM=354.50' n e [STOREREOVED _ \, I x % EXISTING BUILDING >> c-' D / /- IE IN 5=348.80' I JJ\ 414 _ , • y r/. ��tea' F: z '�, 1 I/ i aiiiaioa� IE OUT N=348.00' l X,• 1 \ �. �u,� / {. 4I� �,j�-/,r'. ._ /� (D) <. ` \\ _ T°\•\ !' �/\ / T S •I -----L, -EXISTI GB C SURFACE xa' -- N BRICK • �3 STORM SEWER �/�\ I• m cC'08 Sa'I; Lm Q X� •=_.s. ` u�``.1., _ '-('°. c( I Icr, F-- y 1 `' EXISTING ROCK SURFACE Ss ( gNHOLE \ I I ",' / i c). _,.Z.6 c-i \ ;= TRACT A y RI t�=355.72' _ / / PRIVATE STREET st IE IN 348.92' \ i \ / / ;' ` c- c-I to II + I l-: F"� XS '� D? / • IZ ti j, IE OUT =348.82' I / 1 II. / -EXISTING FLOW DIRECTION (SW PLANTATION TERRACE) �' / yl 1 • N 'a ' i\ \ \\ e °I° / Fri n,/ STORM SEWER CATCH pASIN f. '1 �rr I 1/x - _� XSS @ I S,.L; \ ,!5y '��` ;' CURB NLET i r, I \ "'sy. ,__576/_,Y _ RlM 34.40',ATCURBFACE '/ -I 1 <�" ./,,- I �'\, +�- \ I f 50 OUT=336.51'- 'C,II ' -XEv { 1 :'I SANITARY SEWER I �S \ 1 / ! -- / \ '/I I°I A 4 J -. \'.. STORM SEWER 5765 / / -,t8'� 7)x� '/ I I �� MANHOLE MANHOLE ( \ 'et, .I 1,. /� STORMS ER �'\ \ I RIM=339.92' RIM=355.97' /57.1'I ' IXISTINGSDWK. / MAI OLE do_,',V. \ I�,' x {5 = _ I Z-IEIN E=332.22' - IE INW=350.97' , y \ - -T`OBEREAUGNED - X�\ / RRM=344.891 / %7- ���� J� '�!/� -.-I I I - / IE INW=332.42' t I u � l /\ / �tE IN SE=338.92' /5/ 'i / I - i I IE OUT 5=332.10' 2- 1800TH=349.07 v L \ i m � , ' `l.tL-s' ` f ' IE IN,5/338.92 'I i� ;' \ 3 i -- -- ` '_�V//- IE / i xI I N 3. 1 \ R OR'VI T.:_ HEI':G_�--_,. _.' 1).�:1I I - i I, �� _ / o- , I; a -;-f,'.1/ STORM SEWER CATCH BASIN 1 �:_• / ,.--- .41e._- � � . �, :.i/ • Jq0 I '• 3 ."I ,- CURB INLET ,S r / I `\•576: / , S7g7 J �/ }--XSD-(6)-JA:,,: ,,`r RIM=339.30'AT CURB FACE N GRESS/EGRESSEFSEMEN7PER ! _,..2,,_ -r�•�'' -%i'.: -„ Y • I IEOUT=332.50' w �- I - - n DOCUMENT NO; '� ` '�%._,Y II`k'=--x,,, i N88°4 02"W'227.0 - - ®�� I • _sib EXISTING WALL v / -�� SW PLANTATION TERRACE / ;' ! / -.3'39 -' "1 I T :. ; • I EMERGENCYVEHICLEACCESS EASEMENT TR/ACTA-yhI 1%14 / / a II i ! w PER DOCUNIENTTNO:98'-o68447-CE--- �- T6 a M 1 XE Xt ---_�.-! -STbNE / `'4 ( t 3 I SANITARY SEWER a .. Xt � �r �` q MANHOLE o / / O- I I I f RIM=337.93' z // // / l / i / _XG +i I / 18 007 5=320.63' ciz �L / aP. STORM SEWER CATCH BASIN-/ / 1- _ C4 I 1 3 4. I / c`1 q_7 • 0 1 9 8 RIM=344.35' sjx-J I ; N s IEOUT=342.45' , Ix I , ,iiSTORM SEWER CATCH BASIN- I j �� a RIM=340.73' I I w w w EAGLE P I N T E // /� IE OUT=339.36' I I ti\ �_ 0 0 0 c / / I f' i x ,, �zI I $ � ! � � � . / of // 7 I ..I i COm 3 w w In Ii • 3 w / >< " a > o i / 15'PUBLICSANITARYSEWER x " w / • / EASEMENT PER I " I GRAPHIC SCALE m o m / / "EAGLE POINTE" I I I , z a / / I I I 7_ / I x 1 '_ _ `_ o N / /I X L (INFECT) N ,,.,oh,z"0. PROJECT SW 121ST NO. 285-008 .. TYPE PLANNNG u o ,., I J� d o I LEGEND (EXISTING) a' ' i -BOUNDARY SUBJECT PARCEL i o -RIGHT OF WAY UNE 3 �' Gly oo`mC -RIGHT OF WAY CENTERLINE ad o, / I ❑ -FENCEal b c o. -WALL O g 3.-;L Z XS$ -SANITARYSEWER UNE G m o I XS❑ -STORM DRAIN LINE ,c G m n F I )(VI/ -WATER UNE (J XC011 -UNDERGROUND COMMUNICATION UNE LitZ SANITARY SEWER XG -GAs UNE 0 MANHOLE Xc -ELECTRICALLINE Fri4P7 STORM SEWER RIM=347.32' ---351- --T.'CONTOUR -350 5'CONTOUR MANHOLE 0 IE INS=339.08' -DRIP UNE IELP I =351.44' I�- IE OUT N=338.94' "WHISTLERS W A K" gi,t -CURB LINE III 14 IEIN5=345.09' C7 • 36 I� I ������ IE OUT N=344.99' - x X -PROPERTY LINE 32 `! 33 34 35 _ 3 \hi* EASEMENT UNE IL), GA - I © \ 'fi; l`C01 I 3. 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I N T E rii // // IE OUT=339.36' VAULT X I q �� z \ VAULT S -',5-z E / / I I /l X o o a r / xNM -N gF, =� F / / I m COm m 9 M / / w z w L, LL, n 3 ,5 E',, W '2 U (/� x � K d / / X / l GRAPHIC SCALE 1 'I / I I L - J LJ ,I w N o N o I x a _ (IN FEET) I inch=m&. - -a- I PRD,.ECT SW I2%ST al NO. 285-EAR TYPE PLANNN3 971.409.9354 Morgan Nolen 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 —�—Aff OCIATEfLc Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Urban Forestry Plan Supplemental Report July 30, 2014 Revised: September 4, 2014 13825 SW 121st Avenue Tigard, Oregon 971.409.9354 MorgaMorgan Holen 3 Monroe Parkway,Suite P 220 n Lake Oswego,Oregon 97035 — —AJJOCIATEJ'«C '" Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Table of Contents— Purpose 1 General Description 1 Effective Tree Canopy Cover 1 Specifications 2 A.Tree Protection Specifications 2 B. Soil Characteristics and Specifications for Improvement 3 C.Tree Planting Specifications 3 Signature of Approval 3 Enclosures— Attachment A: Existing Tree Inventory Data Attachment B: Effective Tree Canopy Cover Summary Attachment C: Planted Tree Inventory Attachment D:Tree Preservation and Removal Site Plan Attachment E:Tree Canopy Site Plan Not Applicable — Existing Stand Inventory Data Planted Stand Inventory Stand Preservation Specifications Stand Planting Specifications Tree Canopy Fee Calculation 971.409.9354 Morgan Holen 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 —cam—Aff OCIATU—L. Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Urban Forestry Plan - Supplemental Report 13825 SW 121St Avenue, Tigard, Oregon July 30, 2014 Revised: September 4, 2014 MHA1432 Purpose This Urban Forestry Plan for the four lot subdivision project located in an R-4.5 zoning district at 13825 SW 121st Avenue in Tigard, Oregon, is provided pursuant to the City of Tigard Urban Forestry Manual. This report describes the existing trees located on the project site, provides arborist recommendations for tree removal, retention and protection, and describes the effective tree canopy cover needed to meet City requirements.This report is based on observations made by International Society of Arboriculture (ISA) Certified Arborist and Qualified Tree Risk Assessor Morgan Holen (PN-6145A) during a site visit conducted on April 22, 2014. General Description The existing site consists of one single-family home, a carport, and pool, with open space and trees scattered around the home and along property lines.The carport and pool are planned for demolition, but the existing home will be retained on lot 3. In all, 22 existing trees measuring six inches and larger in diameter were inventoried, including 20 (91%) trees located on the project site and two (9%)trees located on a neighboring property to the north. Thirteen different species were identified, including non-native and invasive European white birch (Betula pendula). The two neighboring trees will be protected during construction. Of the 20 on-site,trees 18 (90%) are recommended for removal because of condition or for the purposes of construction and two (10%) are recommended for retention with protection during construction. A complete description of individual trees located on and adjacent to the project site is included in the enclosed existing tree inventory data (attachment A). Effective Tree Canopy Cover A summary of the effective tree canopy cover by lot and across the overall development site is included as attachment B.Attachment C,the planted tree inventory, describes 17 trees proposed for planting, including five trees on lot 1,three trees on each of lots 2 and 3, and six trees on lot 4. Lot 1 is 9,519 square feet and has 41.3%effective tree canopy cover. Lot 2 is 8,942 square feet and has 20.9%effective tree canopy cover. Lot 3 is 13,824 square feet and has 74.2%effective tree canopy cover. Lot 4 is 9,117 square feet and has 113%effective tree canopy cover.The minimum required effective tree canopy for each lot is 15%;therefore,the effective tree canopy cover requirement is met for each lot. Urban Forest Plan—Supplemental Report 13825 SW 12e Avenue,Tigard,Oregon Page 2 The overall development site is 41,402 square feet and has 63.7%effective tree canopy cover.The minimum required effective tree canopy for the overall development site is 40%;therefore,the effective tree canopy cover requirement for the overall development site is also met. The Tree Preservation and Removal Site Plan and Tree Canopy Site Plan are enclosed as attachments D and E as required by Section 10 of the Urban Forestry Manual, which illustrate how the Urban Forestry Plan requirements are met. Specifications A. Tree Protection Specifications 1. Tree Protection Zone.The project arborist shall designate the Tree Protection Zone (TPZ). Where feasible,the TPZ shall be established at the dripline of protected trees as a minimum. If infrastructure must be installed closer to the trees,the TPZ may be established within the dripline area if the project arborist determines that the trees will not be unduly damaged. The location of the TPZ shall be shown on construction drawings. 2. Protection Fencing.All trees to be retained shall be protected by orange plastic construction fencing or other fencing as approved by the project arborist. Protection fencing shall be secured to steel posts placed no further than 8-feet apart and shall be installed at the edge of the TPZ. 3. Preconstruction Conference.The project arborist shall be on site to discuss methods of tree removal and tree protection prior to any construction. 4. Pruning.The project arborist can help identify if and where pruning is necessary once trees recommended for removal have been removed and the site is staked and prepared for construction. Pruning shall be performed by a Qualified Tree Service. 5. Tree Protection Zone Maintenance.The protection fencing shall not be moved, removed, or entered by equipment except under direction of the project arborist. 6. Storage of Material or Equipment.The contractor shall not store materials or equipment within the TPZ. 7. Excavation. Excavation within the TPZ shall be avoided if alternatives are available. If excavation within the TPZ in unavoidable,the project arborist shall evaluate the proposed excavation to determine methods to minimize impacts to trees.All construction within the TPZ shall be under the on-site technical supervision of the project arborist. 8. Tree Protection Inspection.The project arborist shall inspect and verify the location of protection measures prior to construction, monitor tree protection measures regularly, and provide biweekly written reports to the City during periods of active construction. 9. Final Report.After the project has been completed,the project arborist shall provide a final report that describes the measures needed to maintain and protect the remaining trees. Urban Forest Plan—Supplemental Report 13825 SW 12e Avenue,Tigard,Oregon Page 3 B. Soil Characteristics and Specifications for Improvement Native soils at the project site consist of Cornelius and Kinton silt loarns,which are deep and moderately well-drained.They are capable of supporting healthy tree growth and no improvements are proposed. If soil compaction occurs during construction, the project arborist shall provide additional recommendations as needed. C. Tree Planting Specifications New trees that are planted to meet the effective canopy requirements shall conform to the applicable standards in the Tigard Urban Forestry Manual.They shall be planted in accordance with the American National Standards Institute (ANSI)standards for tree planting (A300, Part 6) and additional standards adopted by the Oregon Landscape Contractors Board. Nursery stock shall meet the requirements of the American Association of Nurserymen for nursery stock(ANSI Z60.1)for Grade No.1 or better. Double stake trees if needed for stability. Signature of Approval We hereby attest that,to the best of our knowledge: ✓ The attached Tree Preservation and Removal site plan meets all of the requirements in Section 10, Part 1 of the Urban Forestry Manual; ✓ The attached Tree Canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual; and ✓ This Supplemental Report meets all of the requirements in Section 10, Part 3 of the Urban Forestry Manual. Thank you for choosing Morgan Nolen &Associates, LLC,to provide consulting arborist services for the four lot subdivision project at 13825 SW 121St Avenue in Tigard. Please contact us if you have questions or need any additional information. Thank you, Morgan Holen &Associates, LLC: Morga E. Nolen,Owner ISA Certified Arborist, PN-6145A ISA Tree Risk Assessment Qualified Forest Biologist Enclosures: Attachment A: Existing Tree Inventory Data Attachment B: Effective Tree Canopy Cover Summary Attachment C: Planted Tree Inventory Attachment D:Tree Preservation and Removal Site Plan Attachment E:Tree Canopy Site Plan C a E E CI) a) a) a) a) a) a) a) a) m a) v a) CC a' N m > 0 0 > > > > 0 0 0 0 .-C .–C .a .-C >ci > Q N ,� �. a) a) i) a) 0)) a) (1) a) CU a) CU a) a) CU a) i) a) o d a) C L ro a O a) Q cE �`n ,, m a) -c-13.-, -a c a) L N a) I? o Q ri) sn CU I- )CO Ea on a U CU H 1 ' Q Q u a) 1? a) ,,,s- ca Q Q 4,• Q ate'+; (-) 0 N} ++ a) q- 0 4 a) O a a v In rn C — M § .0 O O U c a a) a) 0 a) W E -Q o .F a) Q. a) E '-al CU Q- 7 E a) m C c E a C N U C a n i cu a) E a� E •m o0 -C). a) a E E E ca L A O v a v) a) ,� E o tsi `-i °) .� -a ,, .a .. a a C Y CO • N t 3 N 0 OL i) U CO� • = CO a) C E a) c N —, p CO ° C o Q 2 — .> °i o .N a) o c U N a) :� `° C . 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Z FaE'S z O O g _ N.,;IL)I.-a co El, /�Hldll rc �_ 4 �l__f.l.o Z II '' ,�'�11� W itl 1- it F 4,I;,-IL-1ekli= tL ii'''' v, 111....1 U .z/1 9/I s iQ -11 111. (v Neighborhood Meeting Notes 121st Avenue— Planned Development March 31, 2014 Fowler Middle School Library 6:30 to 8:00 PM A sign-up sheet was provided for those attending. Matt Sprague, SFA Design Group introduced himself as the applicant's representative. He read the Purpose Statement, summarizing what the meeting was about, see attached. Matt then provided an overview of the proposed project with a handout of the preliminary plat. Referring to an aerial he showed the location of the project pointing out various local streets as reference points. A description of the zoning was discussed along with the PD overlay and what that meant. He described the proposed new lots and that the existing house would remain, less the carports and a new detached garage would be constructed. He then described the improvements needed for the utilities and that no additional street improvements would be needed. He then described the Planned Development requirements that allow adjustments to the base standard. Matt noted the density for this development is 4.5 units/acre. He noted that this was a relatively straight forward project. Matt then described the City's review process,noting this would be a Type III review. Once the application is submitted and determined"complete",the city will mail notice to properties within 500 feet. The notice will inform you the city's review has begun and provide an opportunity to review the application documents, discuss concerns with city staff and submit written comments and attend a planning commission hearing. Matt then opened it for questions: 1. Christopher Clark—Asked about the trees and risk of loss most notably along and on his property north of lot 4. Response An arborist report will be provided that looks at the health of the trees that will remain including those that could be affected off-site. The area of concern will likely be the back yard area of the house on lot 3 and 4 and its likely no proposed improvements would be located within this area because the homes would be towards the front of the lots. 2. Kelly Clark —Asked if what the duration of construction would be. 1 Response Matt explained that since the improvments consisted of utilities only,that construction of those would last 30-45 days. House construction would then occur over a longer period. Dave Lucas mentioned that the applicant was proposing to construct all of the homes at the same time and that would take about 6 months. 3. Process—How long is the process? Response The entire approval process including planning and engineering could take about 8 months with construction starting after that. 4. Ray Barlow—Asked how large will the homes be and mentioned the lots look pretty narrow. Response Matt Sprague was unsure but Dave Lucas said they will be 2-story, and in the range of 2,800-3,200 square feet. 5. Nancy Barlow—Where will the construction crews park? Response Matt explained they would not be parking in the street and that they would have to park on the property. Dave mentioned that the plan was to get the driveway in for lot 3 quickly to provide a parking area for construction vehicles when building the homes. 6. Qusetiong—Where the driveways will be located? Response Matt explained the most likely locations for the driveways 7. Christopher Clark—Does the City have noise regulations?I work from home. Response Matt explained that the City does have noise regulations but wasn't sure on exactly what time construction could start and have to end but recalled that they are reasonable and won't wake people up too early or keep them up at night. The City requirements will be followed. It was also explained that most of the noise generated would be from demolition of existing structures and framing of new homes. After that generally noise shouldn't be a problem. It was also mentioned that Westwood Homes would be responsive to neighbors' concerns regarding noise and keep disturbance to a minimum. 8. Question—Will the steps be affected? Response Matt asked what steps were being discussed and it was explained that there were steps on the pedestrian pathway to the northwest of the site. There will not be any affect on the steps and if so they will be re-constructed. 9. Question—Who maintains the pathway? 2 Response Matt was not sure who was responsible for maintaining the off-site pathway west and northwest of the site and described typical maintenance responsibilities for these facilities depending on their type and if they are in an easement or Tract. He recommended the neighbors look at the plat for their respective subdivisions to see if the maintenance responsibilities are noted on them. 10. Kelly Clark—How long before construction starts? Response Matt explained that it would probably be about 8 months before utility construction would start and then home construction would begin after that? 11. Marc Jolley—Will there be an interruption of services? Response Matt noted this type of construction can occur with minimal interruption of services and a bypass system would be completed if necessary. There may be minor interruptions but they will be minimal. 12. Marc Jolley—What about traffic? Will there be a noticeable difference? Response Matt explained that adding 3 new homes would increase traffic by about 30 trips per day. There are 4 existing homes on the street today and there will be 7 after this project is built. Matt explained that most likely the added traffic will not be noticeable and that the most likely times for them to notice would be in the morning going to work or coming home. They might see one other car but it won't be common as people don't all come and go at the same time. He then explained that he personally lived on a 12 foot wide private drive with about 14 homes on it and how surprisingly infrequent you are coming and going the same time as a neighbor. 13. Ray Barlow—Will there be CC&R's? Response Matt explained that there will be CC&R's and Dave Lucas commented that they would be typical of most developments now to ensure quality upkeep and that parking issues of boats,trailers, etc. is not an issue. 14. Kelly Clark—Why this orientation of the lots? Response Matt explained that this longer/narrow orientation would provide the most privacy for all of the owners adjacent to the boundary of the site. The homes will be placed up front providing big back yards areas and the street is out front buffering homes to the north. The new homes then wouldn't be facing west to impact those neighbors either. If lots 1 and 2 were oriented the other way,then they would impact neighbors to the north and west more than the proposed plan. 15. Question—Does the City have regulations for what is parked in front of a house? 3 Response Matt explained that they did and was not sure which chapter in the municipal code to refer to but that the CC&R's would be as restrictive or more restrictive than City Code regarding this matter as well. 16. Ray Barlow—How does the driveway work for lot 4? Response Matt explained that the driveway would be at least 30 feet back from the right- of-way line to provide room to maneuver and allow someone to follow him onto the street. 17.Nancy Barlow—What impact on 121st will there be from construction? Response Matt explained that there will be no street construction on 121st and the only thing expected there would be utility tie ins for water lines/meters. 18. Question—How will they accommodate our access during construction? Response They would try and complete any street work very quickly and ensure that access is always available for emergency vehicles and residents. Sometimes steel plates are used to cover trenches on one side while work is being done on the other side. 19. Kelly Clark—Where will storm runoff go? Response The new homes will all have individual storm water laterals to the curb via weep holes or connected to storm lines. They also will have LIDA facilities that treat and retain for each house rather than one large facility. 20. Ray Barlow—Comment: Please make sure that construction guys don't park on Lot 1 of plantation Terrace. 21. Christopher Clark—When will be the next time we hear something about this project? Response Matt explained that there will be a public notice sent out by the City of Tigard after the application is deemed complete which should be in about 60 days. 22. Question—What about the mailbox?The existing house has their in the same box we do. Response It will either be upsized to accommodate everyone or another will be put up or a larger one will replace the smaller one. Final location is dependent on the USPS and City of Tigard. With no further questions,Matt thanked everyone for attending and reminded them his contact information was on the letter mailed, and that once the application is complete the City will send another notice,with an opportunity for review and comment. 4 AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY WNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: (/ I, G - - .\)-e_ ,being duly sworn,depose and saythat on the 1 day of �v ( , 20�d"1,I caused to have mallet,to each of the_persons on th attached list,a notice of a meeting to discuss a proposed development at ,�. g P p P (or near) r ovkLr 5500 iN .c� 2 1 ( ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelgpes plainl ddressed to said persons and were deposited on the date indicated above in the United States Post Office located at plc .r \L&/at-"Ere , with postage prepaid thereon. Signature (In the presence of a Notary Public) POSTIING: I, $ L 65 4� ,do affirm that I am(represent) the party initiating interest in a proposed land use application r 1-1 1..a 1...- "'�ka,,n.4,-s k. v4a affecting the land loca d at (state the approximate cation(s)IF no address(s)and all tax lot(si currently registered) 1 3$2 'S �4,..). 1 2..1 S f—/ \k-9-4\Ai ,and did on the 1 �' day of VV/\o �r..)o\, ,20 4 _personally _post notice indkating that the site may be proposed for a W 1--e) *-S6Y0e.'NiS►nv NJ VIAv►v..A Pev.e. wA0v,•'- V►'- land use application,and the time,date and place of a neighborhood meeting to discuss the p oposal. The sign was posted at ... - vote_ a , \t,3 t 2s li--- - s W P)a 44-04cM, i'L c-e (State the location you posted notice on property 1 Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF 0 / d • ) County of / t �':" )ss. Subscribed and sworn/affirmed before me on the 1114 day of 7,62.1.64 ,20 if . OFFICIAL SEA1. ( X ' _ / -�» YVONINE L.TROUTMAN {} 4_� NOTARY RUISJC•OREGON N ARY PUBLIC OF OREGON • ( \., .1! COMMISSION NO.447400 y Commission Expires: Z6 I q W COMMISSION EXPIRE APRti08,2014 \i\cutpinmute . . R: _ v od meeting,doc [Type text] March 12,2014 RE: NOTICE of NEIGHBORHOOD REVIEW MEETING PROPOSED DEVELOPMENT: 4 Lot Subdivision(Planned Development) Dear Resident: SFA Design Group,LLC is representing the developer of property on the west side of SW 121St Avenue and on the north side of SW Plantation Terrace near the 121St/Gaarde Street intersection.More specifically,Tax Lot 500 of Tax Map 2S103CC as shown by the attached map.The Developer is considering a proposal for a 4 Lot Subdivision with Planned Development Review.This land is within the City of Tigard R-4.5 Zoning District. Prior to applying to the City of Tigard we would like to take the opportunity to discuss the proposal in more detail with you. The purpose of this meeting is to provide a forum for the applicant and surrounding property owners/residents to review the proposal and to identify issues so that such issues may be considered before the formal application is turned in to the City. This meeting gives you the opportunity to share with us any special information you know about the property involved. We will attempt to answer questions which may be relevant to meeting development standards consistent with City of Tigard's Community Development Code.You are invited to attend a meeting on: Monday,March 31,2014 at 6:30 pm Fowler Middle School Library 10865 SW Walnut Street Tigard,OR 97223 Please note this meeting will be an informational meeting on preliminary development plans. These plans may be altered prior to submittal of the application to the City. I look forward to more specifically discussing the proposal with you.Please feel free to call me at(503) 641-8311 or email msprague@sfadg.com if you have questions. Sincerely, f{`l- Matthew L.Sprague Principal SFA DESIGN GROUP,LLC STRUCTURAL I CIVIL I LAND USE PLANNING I SURVEYING 9020 SW Washington Square Dr.,Suite 505,Portland,OR 97223 Attachments • Tax Map • Letter titled,"Neighborhood Meeting Information" s 4.1 s� Neighborhood Meetingn ation R _ . . _ The City of Tigard requires developers to hold a neighborhood meeting to notify affected property owners about their proposed development. This is done as part of the development review process for most land use applications. Below are some frequently asked questions about the neighborhood meeting process. WHAT IS THE PURPOSE OF THIS NEIGHBORHOOD MEETING? 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 informed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. WHAT HAPPENS AFTER THE NEIGHBORHOOD MEETING? After the neighborhood meeting,the prospective developer finalizes their submittal package(often taking into account citizen concerns) and submits an application to the city. Sometimes it takes awhile 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 emed complete,the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which citizens are given the opportunity to provide comments or concerns. Property owners within 500 feet will be notified after a complete application is submitted. They will be provided an opportunity to comment. Any appeals are decided based on the provisions of applicable laws and the development code. WHAT IF THE PROPOSAL PRESENTED AT THE NEIGHBORHOOD MEETING IS NOT WHAT IS ACTUALLY SUBMITTED? Applicants 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 significantly different,a new neighborhood meeting would be required as determined by staff. HOW DO I DOW WHAT ISSUES ARE VALID? A decision is reviewed based on compliance with Title 18 of the Tigard Municipal Code(also known as the Community Development Code). Review the city's development code to familia'izeyourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard Public Library, on the city's web site at www.tigard-or.gov, or a copy may be purchased by contacting our records department www.tigard-or.govicity_hall/services/public_records/. You may also contact city planning staff by calling 503.718.2421 and ask what the standards are for a specific issue. Be prepared,however,that you may not LIKE all the standards,but at least you know what they are. If a development meets the code standards,it can proceed. t your assistance, attached is a list of questions that may assist you in determining your position on .2articular proposal. tit Typical Questions to Help Ensure Common Neighborhood Concerns are Considered The following is a list of questions 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 PROCESS ® What applications are you(the developer) applying for? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prior to submittal? 9 Will the decision on the application be made by city staff,Tigard Hearings Officer,Planning Commission or City Council? How long is the process? (timing) ® At what point in the process are citizens given notice and the opportunity to provide input? D 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? n What city planner did you speak with regarding this project? (This pets on is generally the planner assigned to the land use case and the one to contact for additional information). STREETS I. Will there be a traffic study done? What is the preliminary traffic impacts anticipated as a result of the development 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? 0 Are streets proposed to be public or private? What are the proposed street and sidewalk widths? 6 What are the emergency access requirements and what is proposed to meet those requirements? ZONING AND DENSITY ) What is the current zoning? What uses are allowed under this zoning? 0 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 number of units allowed in the zone? DRAINAGE AND WATER QUALITY What is your erosion control and drainage plan? What is the natural slope of the property? What are the grading plans? 0. Is there a water quality facility planned within the development and where will it be located? Who will own and maintain the facility? TREES AND LANDSCAPING D What 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? ADDITIONAL INFORMATION How do I request more information or a follow-up meeting from/with the applicant? W ' �� O�N6Z f, 01•Aa � HPJ! c o :. • z st W2 6` a ` o€ o • m� rn:e c ma Qa , c wago2 Zvn� - s2, 41 m q`�� � 1 w L.A O v Ot O v'o N� ' �S�ma. 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III, 1111 ill ' ' ' r-1 _,.....„) III ''(41— r 1 _ , tom, <w = al ane Hite, ai we _ ., EzIll . _I ..,-. q`l' // i '2 i wii VIII:4 11,7--s..7„titrii. ....* „ ji z40., IT; -; clujle ..„., __.. ___ _ ik • *111 o , , ______ • City of Tigard • community Development Department/planning Division i 13125 SW Hall Blvd,Tigard OR 97223 >tci� Request for 500' Property Owner Mailing Labels r"t :.5., .... r.c='., -.... :-g':- �'C .. «•�6R.}.�:.....e_:;'Z.,..�..,,�1�...,:..-...#:br...,.�.�`'%,`.':k^5'd<i�;'r,V`�i„S..�h3ii,8rl`�.o.�:r�:?:A;anr' '•'�a_.:..aztr' �, PROPERTY OWNER INFORMATION IS VALID FOR 3 MONTHS FROM THE DATE OF YOUR REQUEST Permit Center Counter 503,718-.2421 FAX 503-598-1960 email:christinew a ti ard'•or, ov PLEASE INDICATE ALL,MAP&TAX LOT NUMBERS (i.e., 1S134AB,Tax Lot 00100)THAT ARE INCLUDED IN YOUR PROJECT OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than one(1)tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project,) OSA f ONLY 1•SET OF LABELS WILL BE PROVIDED ATS TTME FOR HOLDING YOU NEIGHBORHOOD MEETING. After submitting your land use application to the City,and the project planner has reviewed your application for completeness,you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS,PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. Completeness Letter Received.Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please)with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address)and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use a?plication and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be caller to pick up and pap for the labels when they are ready. NAME OF CONTACT PERSON:\ J\ szt\i PHONE: 4s-61 )4 I/ NAME OF COMPANY: FAX: j O3 )-(0,43 - 7905 EMAIL: rv1 S p sj This request can be sent by.e-mail,US mail,faxed,or hand delivered to the City of Tigard. Please allow a 2-clay minimum for processing requests. Upon completion of your request,the contact person listed will be called to pick up their request that will be placed in"Will Call"by the company name(or by the contact person's last name if no company) at the Planning/Engineering Counter in the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost cannot be pre-determined, PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS, RE-TYPED MAILING LABELS WILL BE ACCEPTED, Cost Description: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). 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Cliii) S 11- • Z ult��tlf!{t I ,�tll III,L1 • • ..W iiiii H ; m t5z nat, e W C\I .„ O Y OC I I ---:-----------,z2 ilii z w I � OW I th F X Irvin 41 m _ I CO 3 L -I p U) I I z I :I — W D. W (11111) -4 m I I 1.7 L ---- - J W Q ES[ . m : - m •i AFTER RECORDING, RETURN TO: Westwood Homes LLC 12700 NW Cornell Road Portland, OR 97006 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE Declarant: Westwood Homes LLC Page ii—TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE ("Declaration") is made by Westwood Homes LLC, on Oregon limited liability corporation("Declarant"). RECITALS Declarant is the owner of all the real property and improvements thereon located in the County of Washington, State of Oregon, described as follows (the"Property"): Lots 1-4 and of 121st Avenue. Declarant intends to develop 121st Avenue as a Class II planned community. To establish 121st Avenue 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 121st Avenue. Declarant has deemed it desirable for the efficient preservation of the values and amenities in 121st Avenue to create a nonprofit corporation, to which will be delegated and assigned the powers and authority to own,maintain and administer the Common Area and facilities, maintain, repair and replace certain portions of the Lots and exterior of the Homes,to administer and enforce the covenants, conditions, and restrictions of this Declaration, and to collect and disburse the assessments and charges hereinafter created. The Declarant shall convey Tracts A 8s-,1 - to the 121st Avenue Homeowners' Association ("Association") at turnover. 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 parties having or acquiring any right,title or interest in the Property or any part thereof, and which shall inure to the benefit of the Association and of each Owner. Page 1 —DECLARATION ARTICLE 1 DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation for the nonprofit corporation, 121st Avenue Homeowners' Association, as filed with the Oregon Secretary of State. 1.2 "Association" shall mean and refer to 121st Avenue Homeowners' Association, .- its successors and assigns. 1.3 "121st Avenue" shall mean Lots 1 through 4 and Tracts AB1'B of121st Avenue, Washington County, Oregon. 1.4 "Board" shall mean the Board of Directors of the Association. 1.5 "Bylaws" shall mean and refer to the Bylaws of the Association adopted by the Declarant. 1.6 "Common Area" shall mean and refer to Tracts A&B,shown on the recorded Plat of 121st Avenue, 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 will be conveyed to the Association. 1.7 "Declaration" shall mean the covenants, conditions, restrictions, and all other provisions set forth in this Declaration. 1.8 "Declarant" shall mean and refer to Westwood Homes LLC, an Oregon limited liability corporation, and its successors or assigns, or any successor or assign to all or the remainder of its interest in the Property. 1.9 "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. 1.10 "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. 1.11 "Lot" shall mean and refer to each and any of Lots 1 through 4 in 121st Avenue, Washington County, Oregon. 1.12 "Members" shall mean and refer to the Owners of Lots in 1 through 4 in 121st Avenue, Washington County, Oregon. Page 2—DECLARATION 1.13 "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. 1.14 "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. 1.15 "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. 1.16 "Plat" shall mean and refer to the Plat of 121st Avenue recorded in the Plat Records of Washington County, Oregon, at Book , Pages , on 1.17 "Private Access Way" shall mean the access way within the Plat of 121st Avenue known as Tract A which serve as a means of access to all of the Lots. 1.18 "Property" shall have the meaning attributed to such term in the Recitals of this Declaration. 1.19 "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. 1.20 "Rules and Regulations" shall mean and refer to the documents containing rules and regulations and policies adopted by the Board or the Architectural Review Committee, as may be from time to time amended. r. 1.21 "Tract" shall mean and refer to Tract A&6Bas shown on the Plat. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Development. The development of 121st Avenue shall consist of the Property, which shall be held,transferred, sold, conveyed and occupied subject to this Declaration. Declarant does not intend to build any Common Area improvements in 121st Avenue other than the private access way, shown on the Plat as Tract A. Page 3 —DECLARATION 2.2 No Right to Annex Additional Property or to Withdraw Property. The Declarant reserves no right to annex additional property to or to withdraw property from 121st Avenue. 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 shall 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 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 121st Avenue. 3.2 Ownership of Lots. Title to each Lot in 121st Avenue 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. Title to any Common Area shall be conveyed to the Association not later than the turnover meeting. 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. 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. The Association shall not have the right or power to sell, convey or encumber Tract A or ,without unanimous approval of the owners and written approval from the city. In addition, Tract B must be maintained in a natural state. Tract A is subject to vehicular access and utility easements, as shown on the 121st Avenue Plat. 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. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress to, from, over, Page 4—DECLARATION 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 in such a way as not to interfere unreasonably with the 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 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 121st Avenue. Many of the Lots are subject to utility and storm drainage easements along the front and rear of the Lots as shown on the Plat. 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 of water through drainage channels in the easement areas shall be placed or permitted to remain within any easement area. 3.4.5 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. 3.4.6 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 providers. 3.4.7 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 not corrected by the building 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. 3.4.8 Perimeter Easement Benefiting Owners. Every Owner shall have an easement over that perimeter portion of other Lots that is not covered by the building as may be reasonably necessary to reach such Owner's Lot for purposes of exterior maintenance and repair of the Owner's Home. 3.5 Declarant's 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 Tract A 8 to any governmental body or agency. Declarant further reserves the right and power to grant an easement over Tract A sLa 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 as to each Tract when it is conveyed to the Association. Thereafter, the Board shall have the same powers reserved to Declarant and may Page 5 —DECLARATION 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 Tract A for access to their Lots or for utility installations benefiting their Lots. ARTICLE 4 LOTS AND HOMES 4.1 Residential Use. Lots shall only be used for residential purposes. Except with the Board's consent no trade, craft, business,profession, commercial or similar activity of any kind shall be conducted on any Lot, and no goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business shall be kept or stored on any Lot. 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 121st Avenue, 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 the ordinances of the County of Portland. The Board shall not approve commercial activities otherwise prohibited by this Section 4.1 unless the Board determines that only normal residential activities would be observable outside of the residence and that the activities would not be in violation of applicable local government ordinances. 4.2 Landscaping. Each Owner shall be responsible for maintaining any and all landscaping located on their lot. Front yard landscaping will be installed at time of construction; year yard construction must be complete no later than six (6) months after closing of the home. 4.3 Maintenance, Repair and Replacement of Lots and Homes. Each Owner shall provide exterior maintenance, repair and replacement upon each Home as follows: paint, caulk, repair, replace and care for roofs,roof overhangs, decks,terraces, eves, gutters, downspouts, flashings, exterior building finish material, including without limitation,trim, brick veneer, lap siding, stucco or other. 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 of time not to exceed six (6) months. 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 Page 6—DECLARATION 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 121st Avenue 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 and rules or regulations of the Association created by the Board. The Board shall have the right to order any person whose pet is a nuisance to remove such pet from the premises upon the delivery of the third notice in writing of a violation of any rule,regulation or restriction governing pets within 121st Avenue. All pets shall be registered and inoculated as required by law. 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. There shall be no parking of any kind by any type of vehicle on Tract A. Boats, trailers, commercial vehicles, mobile homes, campers, and other recreational vehicles or equipment, regardless of weight, shall not be parked on any Lot in the apron in front of the garage for more than six (6)hours or such other period as may be permitted by the Association Rules and Regulations. The garage on each Lot shall be used to park the occupant's primary passenger vehicle, and for no other purpose. "No Parking" signs shall be posted and maintained on Tract A. The Board may adopt such reasonable rules and regulations as it deems necessary, consistent with this Section 4.7. 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. A vehicle shall be deemed in a"state of disrepair"when the Board reasonably determines its presence offends the occupants of the neighborhood. If an Owner fails to remove such vehicle within five (5) days following the date on which the Association mails or delivers to such Owner a notice directing such removal,the Association may have the vehicle removed from the Property and charge the expense of such Page 7—DECLARATION removal to the Owner as a Reimbursement Assessment, which may be collected and enforced as any other assessments imposed pursuant to the Declaration and Bylaws. 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,not exceeding twenty-four(24) inches high and thirty-six (36) inches long, may be temporarily displayed on any Lot. 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. Real estate signs shall be removed within three (3) days after the sale closing date. 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 obscured from public view. Yard rakings, dirt and other material resulting from landscaping work shall not be dumped onto streets,the Common Area or any other Lots. If an Owner fails to remove any trash, rubbish, garbage, yard rakings or any similar materials from any Lot, any streets or the Common Area where deposited by such Owner or the Occupants of such Owner's Lot after notice has been given by the Board to the Owner,the Association may have such materials removed and charge the expense of such removal to the Owner. Such charge shall constitute a Reimbursement Assessment, which may be collected and enforced as any other assessments imposed pursuant to the Declaration and Bylaws. 4.11 Fences and Hedges. No fences or boundary hedges shall be installed or replaced without prior written approval of the Board. 4.12 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 or a neighboring property. All telephone, electrical, cable television and other utility installations shall be placed underground in conformance with applicable law and subject to approval by the Board. 4.13 Antennas and Satellite Dishes. Except as otherwise provided by law or this Section 4.13, no exterior antennas, 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. Reasonable exterior satellite dishes or antennas designed to receive television broadcast signals may be placed on any Lot. The Board may adopt reasonable rules and regulations governing the installation, safety,placement and screening of such satellite dishes. Such rules shall not unreasonably delay or increase the cost of installation, maintenance or use or preclude reception of a signal of acceptable quality. (The Board, in its sole discretion, may determine what constitutes a signal of acceptable quality.) 4.14 Exterior Lighting or Noise-Making Devices. Except with the consent of the Board,no exterior lighting or noise-making devices, other than security and fire alarms, shall be installed or maintained on any Lot. This Section 4.14 shall not apply to holiday theme Page 8—DECLARATION decorations. Any such decorations shall be reasonable in the Board's sole discretion, and shall be removed within a reasonable time following the particular holiday. 4.15 Basketball Hoops. No Owner may install a permanent basketball hoop on any Lot without Board prior approval. The Board may, in its discretion, allow such basketball hoops. 4.16 Grades, Slopes and Drainage. There shall be no interference with the established drainage patterns or systems over or through any Lot within 121st Avenue so as to affect any other Lot or Common Area or any real property outside 121st Avenue unless adequate alternative provision is made for proper drainage and is approved by the Board. The term "established drainage" shall mean the drainage swales, conduits, inlets and outlets designed and constructed for 121st Avenue. 4.17 Tree Cutting Restrictions. No tree the diameter of which is six (6) inches or more may be removed from any Lot without the prior approval of the Board, unless it is diseased, poses an immediate danger to persons or property, or is within ten(10) feet of an existing or proposed building or five (5) feet of a paved surface. Provided,however, the Board shall have unfettered authority, but not the obligation, to cause the Association to trim or top trees, shrubs or hedges located on any Lot that is creating a nuisance, is damaging or is a threat to Commonly Maintained Property or which increases the cost of insurance for the Association. 4.18 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. 4.19 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 121st Avenue, 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 of such maintenance and/or repair shall be chargeable to the Owner of the Lot as a special assessment, which may be collected and enforced as any other assessments authorized hereunder. 4.20 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 Page 9—DECLARATION 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. 4.21 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. 4.22 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. 4.23 Declarant Exemptions. The Declarant shall be exempt from the application of Section 4.9. ARTICLE 5 COMMON AREA AND COMMONLY MAINTAINED PROPERTY 5.1 Use of Common Areas and Commonly Maintained Property. Use of the Common Area and Commonly Maintained Property 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 or Commonly Maintained Property. Nothing shall be stored or kept in the Common Area or Commonly Maintained Property without the prior written consent of the Board. No alterations or additions to the Common Area or Commonly Maintained Property shall be permitted without the prior written consent of the Board. The Common Area owned by the Association consists of Tract A B.t 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. The Association shall post and maintain "No Parking" signs on the Common Area. 5.2 Maintenance of Common Area and Commonly Maintained Property. The Association shall be responsible for maintenance, repair,replacement, and upkeep of the Common Area and Commonly Maintained Property except where such maintenance is provided by a government agency or utility company. The Association shall keep the Common Area and Commonly Maintained Property 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 and Commonly Maintained Property. 5.3 Alterations to Common Area and Commonly Maintained Property. Only the Association shall construct, reconstruct, or alter any improvement located on the Common Area and Commonly Maintained Property. A proposal for any construction of or alteration, Page 10—DECLARATION 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, this Declaration; provided, however, no improvements may be made to the Common Area except the construction,repair and reconstruction of the private alley, utility installations, landscaping, curbs and sidewalks. 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. As provided in Section 10.5,the Board may levy a special assessment to fund any construction, alteration, repair or maintenance of an improvement(or any other portions of the Common Area) for which no reserve has been collected or for which the Reserve Account is insufficient to cover the cost of the proposed improvement. 5.5 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. 5.6 Damage or Destruction of Common Area or Commonly Maintained Property. If all or any portion of the Common Area or Commonly Maintained Property 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 Association shall repair the damage and restore the area in workmanlike manner as originally constituted or as may be modified or altered subsequently by the Association in the discretion of the Board. Reasonable costs incurred in connection with effecting such repairs shall become a special assessment upon the Lot and against the Owner who caused or is responsible for such damage. 5.7 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 ARCHITECTURAL REVIEW 6.1 Architectural Review. No improvement shall be commenced, erected, placed or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the improvement have been submitted to and approved in writing by the Board. This Article's purpose is to assure quality of workmanship and materials and harmony between exterior design and the existing improvements and as to location with respect to topography and finished grade elevations. The Board shall not be responsible for determining compliance with structural and building codes, solar ordinances, zoning codes or other governmental regulations, all of which are the applicant's responsibility. Page 11 —DECLARATION The procedure and specific requirements for review and approval of construction shall be set forth in design guidelines and standards adopted from time to time by the Board. 6.2 Duties. The Board shall consider and act upon the proposals and/or plans submitted pursuant to this Article. The Board, from time to time and at its sole discretion,may adopt Architectural rules, regulations and guidelines ("Architectural Standards"). The Architectural Standards shall interpret and implement the provisions of this Declaration for Architectural review and guidelines for Architectural design,placement, color schemes, exterior finishes and materials and similar features that may be used in 121st Avenue; provided,however, that the Architectural Standards shall not be in derogation of the minimum standards established by this Declaration. 6.3 Decision. The Board shall render its written decision approving or denying each application submitted to it within fifteen(15)working days after its receipt of all materials required with respect to such application. If the Board fails to render such written decision within thirty (30) days of its receipt of all required materials or request an extension,the application shall be deemed approved. The Board shall be entitled to request one or more extensions of time, not to exceed forty-five (45) days. In the event of such extension requests, if the Board does not render a written decision within fifteen (15) days after the expiration of the extension(s),the application shall be deemed approved. Provided, however, the applicant may agree to further extensions to allow the applicant to complete or supplement the application. 6.4 Discretion. The Board, at its sole discretion, may withhold consent to any proposed work if the Board finds the proposed work would be inappropriate for the particular Lot or incompatible with the design standards that the Board intends for 121st Avenue. The Board may consider siting, shape, size, color, design, height, solar access or other effect on the enjoyment of other Lots or the Common Area, and any other factors that it reasonably believes to be relevant in determining whether or not to consent to any proposed work. 6.5 Nonwaiver. Consent by the Board to any matter proposed to it or within its jurisdiction shall not be deemed to constitute precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 6.6 Effective Period of Consent. The Board's consent to any proposed work shall automatically expire three (3)months after issuance unless construction of the project has been commenced or the Owner has applied for and received an extension of time from the Board. 6.7 Determination of Compliance. The Board may inspect, from time to time, all work performed and determine whether it is in substantial compliance with the approval granted. If the Board finds that the work was not performed in substantial conformance with the approval granted, or if the Board finds that the approval required was not obtained, the Board shall notify the Owner in writing of the noncompliance. The notice shall specify the particulars of noncompliance and shall require the Owner to remedy the noncompliance. 6.8 Noncompliance. If the Board determines that an Owner has not constructed an improvement consistent with the specifications of a Board approval or has constructed an Page 12—DECLARATION improvement without obtaining Board approval, sends a notice of noncompliance to such Owner, and such Owner fails to commence diligently remedying such noncompliance in accordance with such notice,then, effective at 5 p.m. on the third(3rd) day after issuance of such notice,the Board shall provide notice of a hearing to consider the Owner's continuing noncompliance. The hearing shall be set not more than thirty (30) days from the date on which the notice of noncompliance was issued. At the hearing, if the Board finds that there is no valid reason for the continuing noncompliance, the Board shall determine the estimated costs of achieving compliance and may issue a fine against the noncomplying Owner for such amount. The Board also shall require the Owner to remedy such noncompliance within ten(10) days after the date of the Board's determination. If the Owner does not comply with the Board's ruling within such period or any extension thereof granted by the Board, at its sole discretion,the Board may remove the noncomplying improvement, remedy the noncompliance, and/or record a notice of noncompliance in the county deed records. The costs of any such action shall be assessed against the Owner as a Reimbursement Assessment either before or after any remedial action is taken. 6.9 Liability. Neither the Board nor any member thereof shall be liable to any person or entity for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Board or a member thereof, provided only that the Board or the member has, in accordance with its or his actual knowledge, acted in good faith. 6.10 Estoppel Certificate. Within fifteen(15) working days after the Board's receipt of a written request from an Owner and the Board's receipt of payment of a reasonable fee fixed by the Board to cover costs,the Board shall provide such Owner with a certificate executed by the Chairperson or other authorized member of the Board certifying with respect to any Lot owned by the Owner,that, as of the date thereof either(a) all improvements made or done upon such Lot comply with this Declaration, or(b) such improvements do not so comply, in which event, the certificate shall also identify the noncomplying improvements and set forth with particularity the nature of such noncompliance. The Owner and such Owner's heirs, devisees, successors and assigns shall be entitled to rely on the certificate with respect to the matters set forth therein. The certificate shall be conclusive as among Declarant, the Board, the Association, all Owners, and all persons deriving any interest through any of them. 6.11 Fees. The Board may charge applicants a reasonable application fee and additional costs incurred or expected to be incurred by the Board to retain architects, attorneys, engineers and other consultants to advise the Board concerning any aspect of the applications and/or compliance with any appropriate architectural criteria or standards, including,without limitation, those pertinent to house siting and height. Such fees shall be collectible as assessments pursuant to Article 10. 6.12 Declarant and Successor Exempt From Board. 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 Board. However,the Declarant and its successor shall not be exempt from the provisions of Article 4 of the Declaration, except as set forth in Section 4.23. Page 13 —DECLARATION 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. 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 ten(10) 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) The date on which one-hundred percent(100%) of the total number of Lots in 121st Avenue have been sold and conveyed to Owners other than Declarant; 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. Page 14—DECLARATION 7.4 Procedure. All meetings of the Association,the Board,the Board, 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. ARTICLE 8 DECLARANT CONTROL 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 within sixty (60) days of the earlier of the following dates: 8.2.1 Earliest Date. The date on which Lots representing seventy-five percent (75%) of the total number of votes of all Lots in 121st Avenue have been sold and conveyed to persons other than Declarant; 8.2.2 Optional Turnover. 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 by ORS Chapter 94. 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 121st Avenue. 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 Page 15 —DECLARATION 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 a reasonable number of"For Sale" signs at reasonable locations 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. 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 121st Avenue, 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 first Lots become subject to assessment 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 operating portion of the assessments on all Lots owned by it, as more specifically set forth in Section 10.3.1 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 Page 16—DECLARATION 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 until such Lot is sold to a third party or the Declarant notifies the Association that it will begin payment assessments. Provided, further,the Declarant shall subsidize the operating expenses of the Association to the extent assessments against Lots which are assessable are insufficient to pay the operating costs of the Association. 10.3.2 Type II Community. Under ORS Chapter 94, 121st Avenue qualifies as a "Type II" community, exempt from the reserve and reserve study requirements. Owners are responsible for the long term repair and maintenance of Tracts A & B via annual assessments or by special assessment. 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. 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 17—DECLARATION 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; 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; or 10.5.5 Reimbursement Assessments. The Association shall levy a reimbursement assessment against any Owner and such Owner's Lot if a failure to comply with this Declaration, Bylaws, Architectural Standards or any Rules and Regulations has (i) necessitated an expenditure of monies by the Association to effect compliance or (ii)resulted in the imposition of a fine or penalty against such Owner or such Owner's Lot(a "Reimbursement Assessment"). A Reimbursement Assessment shall be due and payable to the Association when levied. A Reimbursement Assessment shall not be levied by the Association except upon at least ten(10) days' written notice to the Owner being assessed. If, within said ten (10) day period,the Owner makes a written request to the Board for a hearing, a hearing shall be held. Upon request for a hearing,the Board shall conduct it not less than ten (10) nor more than thirty(30) days after the request by the Owner, and shall make its decision within not more than thirty (30) days after the hearing is held. If a notice has been previously given, and the hearing has already been held or waived (in writing or by the Owner's failure to appear) for the violation resulting in the Reimbursement Assessment, no additional notice and hearing is required prior to levying the Reimbursement Assessment. 10.6 Accounts. 10.6.1 Types of Accounts. Assessments collected by the Association shall be deposited into an account with an FDIC insured bank. The Board shall deposit those portions of the assessments collected for current maintenance and operation into the Operating Account. 10.6.2 Refunds of Assessment. Assessments paid into the Operating 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 Operating Account's balance as a separate item in the sales contract providing for the conveyance of their Lot. Page 18 —DECLARATION 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 Lot 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 Association'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. 10.7.3 Interest; Fines; Late Fees; Penalties. The Board, in its reasonable discretion,may from time to time adopt resolutions to set the rate of interest and to impose late fees, fines and penalties on delinquent assessments or for violations of the provisions of this Declaration,the Bylaws, Architectural Standards and the Rules and Regulations adopted by the Board. The adoption of such impositions shall be communicated to all Owners in writing not less than thirty (30) days before the effective date by a notice mailed to the assessment billing address of such Owners. Such impositions shall be considered assessments that are lienable and collectible in the same manner as any other assessments; provided, however, that fines or penalties for violation of this Declaration,the Bylaws or any rule and regulation, other than late fees, fines or interest arising from an Owner's failure to pay regular, special or reimbursement assessments may not be imposed against an Owner or such Owner's Lot until such Owner is given an opportunity for a hearing as elsewhere provided herein. 10.7.4 Acceleration of Assessments. If an Owner is delinquent in payment of any assessment or installment on any assessment,the Association, upon not less than ten(10) days' written notice to the Owner, may accelerate the due date of the full annual assessment for that fiscal year and all future installments of any special assessments. Page 19—DECLARATION 10.7.5 Association's Right to Rents; Receiver. In any foreclosure• suit by the Association with respect to such lien,the Association shall be entitled to collect reasonable rent from the defaulting Owner for the use of such Owner's Lot or shall be entitled to the appointment of a receiver. ARTICLE 11 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. 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. This Section 11.2 shall apply to and benefit any Director, officer, employee or agent of the Declarant relating to any conduct prior to turnover. Page 20—DECLARATION 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 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. Any litigation commenced against the Declarant by either an Owner or the Association shall be subject to the terms and conditions of the Limited Warranty Addendum made part of the purchase and sales agreements for any Lot. This provision applies to original purchasers as well as any secondary purchaser of a Lot or Home in 121st Avenue. 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 often(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 W. 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 Page 21 —DECLARATION 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 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 121st Avenue, such conflict shall be resolved by looking to the following documents in the order shown below: (a) Declaration; (b) Articles; (c) Bylaws; (d) Rules and Regulations. 11.11 County of Washington Disclaimer Statement. These covenants constitute a private agreement among the owners of Lots within 121st Avenue and will not be enforced by the County of Washington. These covenants have not been approved by the County and do not restrict the County's authority to adopt or amend development regulations. There may be conflicting requirements between these covenants and the County's regulations. The County will limit its review of a development application and the issuance of permits to the requirements of its regulations and any conditions of approval. It is the duty of every person engaged in development within 121st Avenue to know the requirements of these covenants. Any question regarding these deed restrictions shall be directed to the Board of Directors of 121st Avenue. The County will not be liable for any approvals or permits which are granted in compliance with County regulations,but which are not in compliance with these covenants. IN WITNESS WHEREOF, Declarant has executed this instrument this day of , 2014. Westwood Homes LLC An Oregon limited liability corporation Page 22—DECLARATION By: Todd Boyce, Managing Partner STATE OF OREGON ) ) ss. , 2014 County of ) Personally appeared Todd Boyce who, being duly sworn, did say that he is a Member of Westwood Homes LLC, an Oregon limited liability corporation, and that the foregoing instrument was signed on behalf of said corporation; and acknowledged said instrument to be his voluntary act and deed. NOTARY PUBLIC, STATE OF OREGON My Commission Expires: I:\9372\Dec of CC&Rs for 121st Avenue.docx Page 23 —DECLARATION AFTER RECORDING, RETURN TO: Westwood Homes LLC 12700 NW Cornell Road Portland, OR 97006 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE Declarant: Westwood Homes LLC Page ii—TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 121ST AVENUE ("Declaration") is made by Westwood Homes LLC, on Oregon limited liability corporation ("Declarant"). RECITALS Declarant is the owner of all the real property and improvements thereon located in the County of Washington, State of Oregon, described as follows (the "Property"): Lots 1-4 and of 121st Avenue. Declarant intends to develop 121st Avenue as a Class II planned community. To establish 121st Avenue 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 121st Avenue. Declarant has deemed it desirable for the efficient preservation of the values and amenities in 121st Avenue to create a nonprofit corporation,to which will be delegated and assigned the powers and authority to own, maintain and administer the Common Area and facilities, maintain, repair and replace certain portions of the Lots and exterior of the Homes, to administer and enforce the covenants, conditions, and restrictions of this Declaration, and to collect and disburse the assessments and charges hereinafter created. The Declarant shall convey Tracts A& B to the 121st Avenue Homeowners' Association ("Association") at turnover. 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 parties having or acquiring any right,title or interest in the Property or any part thereof, and which shall inure to the benefit of the Association and of each Owner. Page 1 —DECLARATION ARTICLE 1 DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation for the nonprofit corporation, 121st Avenue Homeowners' Association, as filed with the Oregon Secretary of State. 1.2 "Association" shall mean and refer to 121st Avenue Homeowners' Association, its successors and assigns. 1.3 "121st Avenue" shall mean Lots 1 through 4 and Tracts A & B of 121st Avenue, Washington County, Oregon. 1.4 "Board" shall mean the Board of Directors of the Association. 1.5 "Bylaws" shall mean and refer to the Bylaws of the Association adopted by the Declarant. 1.6 "Common Area" shall mean and refer to Tracts A &B, shown on the recorded Plat of 121st Avenue, 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 will be conveyed to the Association. 1.7 "Declaration" shall mean the covenants, conditions, restrictions, and all other provisions set forth in this Declaration. 1.8 "Declarant" shall mean and refer to Westwood Homes LLC, an Oregon limited liability corporation, and its successors or assigns, or any successor or assign to all or the remainder of its interest in the Property. 1.9 "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. 1.10 "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. 1.11 "Lot" shall mean and refer to each and any of Lots 1 through 4 in 121st Avenue, Washington County, Oregon. 1.12 "Members" shall mean and refer to the Owners of Lots in 1 through 4 in 121st Avenue, Washington County, Oregon. Page 2—DECLARATION 1.13 "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. 1.14 "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. 1.15 "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. 1.16 "Plat" shall mean and refer to the Plat of 121st Avenue recorded in the Plat Records of Washington County, Oregon, at Book , Pages , on 1.17 "Private Access Way" shall mean the access way within the Plat of 121st Avenue known as Tract A which serve as a means of access to all of the Lots. 1.18 "Property" shall have the meaning attributed to such term in the Recitals of this Declaration. 1.19 "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. 1.20 "Rules and Regulations" shall mean and refer to the documents containing rules and regulations and policies adopted by the Board or the Architectural Review Committee, as may be from time to time amended. 1.21 "Tract" shall mean and refer to Tract A &B as shown on the Plat. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Development. The development of 121st Avenue shall consist of the Property, which shall be held,transferred, sold, conveyed and occupied subject to this Declaration. Declarant does not intend to build any Common Area improvements in 121st Avenue other than the private access way, shown on the Plat as Tract A. Page 3 —DECLARATION 2.2 No Right to Annex Additional Property or to Withdraw Property. The Declarant reserves no right to annex additional property to or to withdraw property from 121st Avenue. 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 shall 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 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 121st Avenue. 3.2 Ownership of Lots. Title to each Lot in 121st Avenue 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. Title to any Common Area shall be conveyed to the Association not later than the turnover meeting. 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. 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. The Association shall not have the right or power to sell, convey or encumber Tract A or B without unanimous approval of the owners and written approval from the city. In addition, Tract B must be maintained in a natural state. Tract A is subject to vehicular access and utility easements, as shown on the 121st Avenue Plat. 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. Declarant, for itself and its successors and assigns,hereby retains a right and easement of ingress and egress to, from, over, Page 4—DECLARATION 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 in such a way as not to interfere unreasonably with the 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 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 121st Avenue. Many of the Lots are subject to utility and storm drainage easements along the front and rear of the Lots as shown on the Plat. 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 of water through drainage channels in the easement areas shall be placed or permitted to remain within any easement area. 3.4.5 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. 3.4.6 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 providers. 3.4.7 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 not corrected by the building 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. 3.4.8 Perimeter Easement Benefiting Owners. Every Owner shall have an easement over that perimeter portion of other Lots that is not covered by the building as may be reasonably necessary to reach such Owner's Lot for purposes of exterior maintenance and repair of the Owner's Home. 3.5 Declarant's 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 Tract A& B to any governmental body or agency. Declarant further reserves the right and power to grant an easement over Tract A & B 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 as to each Tract when it is conveyed to the Association. Thereafter, the Board shall have the same powers reserved to Declarant and may Page 5 —DECLARATION 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 Tract A for access to their Lots or for utility installations benefiting their Lots. ARTICLE 4 LOTS AND HOMES 4.1 Residential Use. Lots shall only be used for residential purposes. Except with the Board's consent no trade, craft, business,profession, commercial or similar activity of any kind shall be conducted on any Lot, and no goods, equipment, vehicles,materials or supplies used in connection with any trade, service or business shall be kept or stored on any Lot. 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 121st Avenue, 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 the ordinances of the County of Portland. The Board shall not approve commercial activities otherwise prohibited by this Section 4.1 unless the Board determines that only normal residential activities would be observable outside of the residence and that the activities would not be in violation of applicable local government ordinances. 4.2 Landscaping. Each Owner shall be responsible for maintaining any and all landscaping located on their lot. Front yard landscaping will be installed at time of construction; year yard construction must be complete no later than six (6)months after closing of the home. 4.3 Maintenance, Repair and Replacement of Lots and Homes. Each Owner shall provide exterior maintenance, repair and replacement upon each Home as follows: paint, caulk, repair,replace and care for roofs, roof overhangs, decks, terraces, eves, gutters, downspouts, flashings, exterior building finish material, including without limitation, trim, brick veneer, lap siding, stucco or other. 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 of time not to exceed six (6)months. 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 Page 6—DECLARATION 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 121st Avenue 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 and rules or regulations of the Association created by the Board. The Board shall have the right to order any person whose pet is a nuisance to remove such pet from the premises upon the delivery of the third notice in writing of a violation of any rule,regulation or restriction governing pets within 121st Avenue. All pets shall be registered and inoculated as required by law. 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. There shall be no parking of any kind by any type of vehicle on Tract A. Boats,trailers, commercial vehicles, mobile homes, campers, and other recreational vehicles or equipment,regardless of weight, shall not be parked on any Lot in the apron in front of the garage for more than six(6) hours or such other period as may be permitted by the Association Rules and Regulations. The garage on each Lot shall be used to park the occupant's primary passenger vehicle, and for no other purpose. "No Parking" signs shall be posted and maintained on Tract A. The Board may adopt such reasonable rules and regulations as it deems necessary, consistent with this Section 4.7. 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. A vehicle shall be deemed in a"state of disrepair"when the Board reasonably determines its presence offends the occupants of the neighborhood. If an Owner fails to remove such vehicle within five (5) days following the date on which the Association mails or delivers to such Owner a notice directing such removal,the Association may have the vehicle removed from the Property and charge the expense of such Page 7—DECLARATION removal to the Owner as a Reimbursement Assessment, which may be collected and enforced as any other assessments imposed pursuant to the Declaration and Bylaws. 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, not exceeding twenty-four(24) inches high and thirty-six(36) inches long, may be temporarily displayed on any Lot. 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. Real estate signs shall be removed within three (3) days after the sale closing date. 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 obscured from public view. Yard rakings, dirt and other material resulting from landscaping work shall not be dumped onto streets, the Common Area or any other Lots. If an Owner fails to remove any trash, rubbish, garbage, yard rakings or any similar materials from any Lot, any streets or the Common Area where deposited by such Owner or the Occupants of such Owner's Lot after notice has been given by the Board to the Owner,the Association may have such materials removed and charge the expense of such removal to the Owner. Such charge shall constitute a Reimbursement Assessment,which may be collected and enforced as any other assessments imposed pursuant to the Declaration and Bylaws. 4.11 Fences and Hedges. No fences or boundary hedges shall be installed or replaced without prior written approval of the Board. 4.12 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 or a neighboring property. All telephone, electrical, cable television and other utility installations shall be placed underground in conformance with applicable law and subject to approval by the Board. 4.13 Antennas and Satellite Dishes. Except as otherwise provided by law or this Section 4.13,no exterior antennas, 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. Reasonable exterior satellite dishes or antennas designed to receive television broadcast signals may be placed on any Lot. The Board may adopt reasonable rules and regulations governing the installation, safety,placement and screening of such satellite dishes. Such rules shall not unreasonably delay or increase the cost of installation,maintenance or use or preclude reception of a signal of acceptable quality. (The Board, in its sole discretion, may determine what constitutes a signal of acceptable quality.) 4.14 Exterior Lighting or Noise-Making Devices. Except with the consent of the Board,no exterior lighting or noise-making devices, other than security and fire alarms, shall be installed or maintained on any Lot. This Section 4.14 shall not apply to holiday theme Page 8—DECLARATION decorations. Any such decorations shall be reasonable in the Board's sole discretion, and shall be removed within a reasonable time following the particular holiday. 4.15 Basketball Hoops. No Owner may install a permanent basketball hoop on any Lot without Board prior approval. The Board may, in its discretion, allow such basketball hoops. 4.16 Grades, Slopes and Drainage. There shall be no interference with the established drainage patterns or systems over or through any Lot within 121st Avenue so as to affect any other Lot or Common Area or any real property outside 121st Avenue unless adequate alternative provision is made for proper drainage and is approved by the Board. The term "established drainage" shall mean the drainage swales, conduits, inlets and outlets designed and constructed for 121st Avenue. 4.17 Tree Cutting Restrictions. No tree the diameter of which is six (6) inches or more may be removed from any Lot without the prior approval of the Board, unless it is diseased, poses an immediate danger to persons or property, or is within ten(10) feet of an existing or proposed building or five (5) feet of a paved surface. Provided,however,the Board shall have unfettered authority, but not the obligation, to cause the Association to trim or top trees, shrubs or hedges located on any Lot that is creating a nuisance, is damaging or is a threat to Commonly Maintained Property or which increases the cost of insurance for the Association. 4.18 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. 4.19 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 121st Avenue,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 of such maintenance and/or repair shall be chargeable to the Owner of the Lot as a special assessment,which may be collected and enforced as any other assessments authorized hereunder. 4.20 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 Page 9—DECLARATION 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. 4.21 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. 4.22 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. 4.23 Declarant Exemptions. The Declarant shall be exempt from the application of Section 4.9. ARTICLE 5 COMMON AREA AND COMMONLY MAINTAINED PROPERTY 5.1 Use of Common Areas and Commonly Maintained Property. Use of the Common Area and Commonly Maintained Property 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 or Commonly Maintained Property. Nothing shall be stored or kept in the Common Area or Commonly Maintained Property without the prior written consent of the Board. No alterations or additions to the Common Area or Commonly Maintained Property shall be permitted without the prior written consent of the Board. The Common Area owned by the Association consists of Tract A&B. 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. The Association shall post and maintain "No Parking" signs on the Common Area. 5.2 Maintenance of Common Area and Commonly Maintained Property. The Association shall be responsible for maintenance, repair, replacement, and upkeep of the Common Area and Commonly Maintained Property except where such maintenance is provided by a government agency or utility company. The Association shall keep the Common Area and Commonly Maintained Property 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 and Commonly Maintained Property. 5.3 Alterations to Common Area and Commonly Maintained Property. Only the Association shall construct, reconstruct, or alter any improvement located on the Common Area and Commonly Maintained Property. A proposal for any construction of or alteration, Page 10—DECLARATION 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,this Declaration; provided, however,no improvements may be made to the Common Area except the construction, repair and reconstruction of the private alley, utility installations, landscaping, curbs and sidewalks. 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. As provided in Section 10.5,the Board may levy a special assessment to fund any construction, alteration, repair or maintenance of an improvement(or any other portions of the Common Area) for which no reserve has been collected or for which the Reserve Account is insufficient to cover the cost of the proposed improvement. 5.5 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. 5.6 Damage or Destruction of Common Area or Commonly Maintained Property. If all or any portion of the Common Area or Commonly Maintained Property 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 Association shall repair the damage and restore the area in workmanlike manner as originally constituted or as may be modified or altered subsequently by the Association in the discretion of the Board. Reasonable costs incurred in connection with effecting such repairs shall become a special assessment upon the Lot and against the Owner who caused or is responsible for such damage. 5.7 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 ARCHITECTURAL REVIEW 6.1 Architectural Review. No improvement shall be commenced, erected,placed or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the improvement have been submitted to and approved in writing by the Board. This Article's purpose is to assure quality of workmanship and materials and harmony between exterior design and the existing improvements and as to location with respect to topography and finished grade elevations. The Board shall not be responsible for determining compliance with structural and building codes, solar ordinances, zoning codes or other governmental regulations, all of which are the applicant's responsibility. Page 11 —DECLARATION The procedure and specific requirements for review and approval of construction shall be set forth in design guidelines and standards adopted from time to time by the Board. 6.2 Duties. The Board shall consider and act upon the proposals and/or plans submitted pursuant to this Article. The Board, from time to time and at its sole discretion, may adopt Architectural rules, regulations and guidelines ("Architectural Standards"). The Architectural Standards shall interpret and implement the provisions of this Declaration for Architectural review and guidelines for Architectural design, placement, color schemes, exterior finishes and materials and similar features that may be used in 121st Avenue; provided,however, that the Architectural Standards shall not be in derogation of the minimum standards established by this Declaration. 6.3 Decision. The Board shall render its written decision approving or denying each application submitted to it within fifteen(15)working days after its receipt of all materials required with respect to such application. If the Board fails to render such written decision within thirty(30) days of its receipt of all required materials or request an extension,the application shall be deemed approved. The Board shall be entitled to request one or more extensions of time, not to exceed forty-five (45) days. In the event of such extension requests, if the Board does not render a written decision within fifteen(15) days after the expiration of the extension(s),the application shall be deemed approved. Provided, however,the applicant may agree to further extensions to allow the applicant to complete or supplement the application. 6.4 Discretion. The Board, at its sole discretion, may withhold consent to any proposed work if the Board finds the proposed work would be inappropriate for the particular Lot or incompatible with the design standards that the Board intends for 121st Avenue. The Board may consider siting, shape, size, color, design,height, solar access or other effect on the enjoyment of other Lots or the Common Area, and any other factors that it reasonably believes to be relevant in determining whether or not to consent to any proposed work. 6.5 Nonwaiver. Consent by the Board to any matter proposed to it or within its jurisdiction shall not be deemed to constitute precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 6.6 Effective Period of Consent. The Board's consent to any proposed work shall automatically expire three (3)months after issuance unless construction of the project has been commenced or the Owner has applied for and received an extension of time from the Board. 6.7 Determination of Compliance. The Board may inspect, from time to time, all work performed and determine whether it is in substantial compliance with the approval granted. If the Board finds that the work was not performed in substantial conformance with the approval granted, or if the Board finds that the approval required was not obtained,the Board shall notify the Owner in writing of the noncompliance. The notice shall specify the particulars of noncompliance and shall require the Owner to remedy the noncompliance. 6.8 Noncompliance. If the Board determines that an Owner has not constructed an improvement consistent with the specifications of a Board approval or has constructed an Page 12—DECLARATION improvement without obtaining Board approval, sends a notice of noncompliance to such Owner, and such Owner fails to commence diligently remedying such noncompliance in accordance with such notice,then, effective at 5 p.m. on the third(3rd) day after issuance of such notice, the Board shall provide notice of a hearing to consider the Owner's continuing noncompliance. The hearing shall be set not more than thirty (30) days from the date on which the notice of noncompliance was issued. At the hearing, if the Board finds that there is no valid reason for the continuing noncompliance,the Board shall determine the estimated costs of achieving compliance and may issue a fine against the noncomplying Owner for such amount. The Board also shall require the Owner to remedy such noncompliance within ten(10) days after the date of the Board's determination. If the Owner does not comply with the Board's ruling within such period or any extension thereof granted by the Board, at its sole discretion, the Board may remove the noncomplying improvement, remedy the noncompliance, and/or record a notice of noncompliance in the county deed records. The costs of any such action shall be assessed against the Owner as a Reimbursement Assessment either before or after any remedial action is taken. 6.9 Liability. Neither the Board nor any member thereof shall be liable to any person or entity for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Board or a member thereof,provided only that the Board or the member has, in accordance with its or his actual knowledge, acted in good faith. 6.10 Estoppel Certificate. Within fifteen(15) working days after the Board's receipt of a written request from an Owner and the Board's receipt of payment of a reasonable fee fixed by the Board to cover costs, the Board shall provide such Owner with a certificate executed by the Chairperson or other authorized member of the Board certifying with respect to any Lot owned by the Owner,that, as of the date thereof either(a) all improvements made or done upon such Lot comply with this Declaration, or(b) such improvements do not so comply, in which event, the certificate shall also identify the noncomplying improvements and set forth with particularity the nature of such noncompliance. The Owner and such Owner's heirs, devisees, successors and assigns shall be entitled to rely on the certificate with respect to the matters set forth therein. The certificate shall be conclusive as among Declarant,the Board, the Association, all Owners, and all persons deriving any interest through any of them. 6.11 Fees. The Board may charge applicants a reasonable application fee and additional costs incurred or expected to be incurred by the Board to retain architects, attorneys, engineers and other consultants to advise the Board concerning any aspect of the applications and/or compliance with any appropriate architectural criteria or standards, including, without limitation,those pertinent to house siting and height. Such fees shall be collectible as assessments pursuant to Article 10. 6.12 Declarant and Successor Exempt From Board. 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 Board. However,the Declarant and its successor shall not be exempt from the provisions of Article 4 of the Declaration, except as set forth in Section 4.23. Page 13 —DECLARATION 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. 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 ten (10) 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) The date on which one-hundred percent(100%) of the total number of Lots in 121st Avenue have been sold and conveyed to Owners other than Declarant; 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. Page 14—DECLARATION 7.4 Procedure. All meetings of the Association,the Board,the Board, 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. ARTICLE 8 DECLARANT CONTROL 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 within sixty (60) days of the earlier of the following dates: 8.2.1 Earliest Date. The date on which Lots representing seventy-five percent (75%) of the total number of votes of all Lots in 121st Avenue have been sold and conveyed to persons other than Declarant; 8.2.2 ' Optional Turnover. 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 by ORS Chapter 94. 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 121st Avenue. 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 Page 15 —DECLARATION 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 a reasonable number of"For Sale" signs at reasonable locations 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. 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 121st Avenue, 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 first Lots become subject to assessment 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 operating portion of the assessments on all Lots owned by it, as more specifically set forth in Section 10.3.1 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 Page 16—DECLARATION 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 until such Lot is sold to a third party or the Declarant notifies the Association that it will begin payment assessments. Provided, further, the Declarant shall subsidize the operating expenses of the Association to the extent assessments against Lots which are assessable are insufficient to pay the operating costs of the Association. 10.3.2 Type II Community. Under ORS Chapter 94, 121st Avenue qualifies as a "Type II" community, exempt from the reserve and reserve study requirements. Owners are responsible for the long term repair and maintenance of Tracts A&B via annual assessments or by special assessment. 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. 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 17—DECLARATION 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; 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; or 10.5.5 Reimbursement Assessments. The Association shall levy a reimbursement assessment against any Owner and such Owner's Lot if a failure to comply with this Declaration, Bylaws, Architectural Standards or any Rules and Regulations has (i) necessitated an expenditure of monies by the Association to effect compliance or(ii)resulted in the imposition of a fine or penalty against such Owner or such Owner's Lot (a "Reimbursement Assessment"). A Reimbursement Assessment shall be due and payable to the Association when levied. A Reimbursement Assessment shall not be levied by the Association except upon at least ten(10) days' written notice to the Owner being assessed. If,within said ten (10) day period,the Owner makes a written request to the Board for a hearing, a hearing shall be held. Upon request for a hearing,the Board shall conduct it not less than ten(10)nor more than thirty(30) days after the request by the Owner, and shall make its decision within not more than thirty (30) days after the hearing is held. If a notice has been previously given, and the hearing has already been held or waived (in writing or by the Owner's failure to appear) for the violation resulting in the Reimbursement Assessment, no additional notice and hearing is required prior to levying the Reimbursement Assessment. 10.6 Accounts. 10.6.1 Types of Accounts. Assessments collected by the Association shall be deposited into an account with an FDIC insured bank. The Board shall deposit those portions of the assessments collected for current maintenance and operation into the Operating Account. 10.6.2 Refunds of Assessment. Assessments paid into the Operating 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 Operating Account's balance as a separate item in the sales contract providing for the conveyance of their Lot. Page 18 —DECLARATION 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 Lot 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 Association'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. 10.7.3 Interest; Fines; Late Fees; Penalties. The Board, in its reasonable discretion, may from time to time adopt resolutions to set the rate of interest and to impose late fees, fines and penalties on delinquent assessments or for violations of the provisions of this Declaration,the Bylaws, Architectural Standards and the Rules and Regulations adopted by the Board. The adoption of such impositions shall be communicated to all Owners in writing not less than thirty (30) days before the effective date by a notice mailed to the assessment billing address of such Owners. Such impositions shall be considered assessments that are lienable and collectible in the same manner as any other assessments;provided, however,that fines or penalties for violation of this Declaration,the Bylaws or any rule and regulation, other than late fees, fines or interest arising from an Owner's failure to pay regular, special or reimbursement assessments may not be imposed against an Owner or such Owner's Lot until such Owner is given an opportunity for a hearing as elsewhere provided herein. 10.7.4 Acceleration of Assessments. If an Owner is delinquent in payment of any assessment or installment on any assessment,the Association,upon not less than ten(10) days' written notice to the Owner, may accelerate the due date of the full annual assessment for that fiscal year and all future installments of any special assessments. Page 19—DECLARATION 10.7.5 Association's Right to Rents; Receiver. In any foreclosure• suit by the Association with respect to such lien,the Association shall be entitled to collect reasonable rent from the defaulting Owner for the use of such Owner's Lot or shall be entitled to the appointment of a receiver. ARTICLE 11 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. 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. This Section 11.2 shall apply to and benefit any Director, officer, employee or agent of the Declarant relating to any conduct prior to turnover. Page 20—DECLARATION 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 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. Any litigation commenced against the Declarant by either an Owner or the Association shall be subject to the terms and conditions of the Limited Warranty Addendum made part of the purchase and sales agreements for any Lot. This provision applies to original purchasers as well as any secondary purchaser of a Lot or Home in 121st Avenue. 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 often(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 W. 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 Page 21 —DECLARATION 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 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 121st Avenue, such conflict shall be resolved by looking to the following documents in the order shown below: (a) Declaration; (b) Articles; (c) Bylaws; (d) Rules and Regulations. 11.11 County of Washington Disclaimer Statement. These covenants constitute a private agreement among the owners of Lots within 121st Avenue and will not be enforced by the County of Washington. These covenants have not been approved by the County and do not restrict the County's authority to adopt or amend development regulations. There may be conflicting requirements between these covenants and the County's regulations. The County will limit its review of a development application and the issuance of permits to the requirements of its regulations and any conditions of approval. It is the duty of every person engaged in development within 121st Avenue to know the requirements of these covenants. Any question regarding these deed restrictions shall be directed to the Board of Directors of 121st Avenue. The County will not be liable for any approvals or permits which are granted in compliance with County regulations, but which are not in compliance with these covenants. IN WITNESS WHEREOF, Declarant has executed this instrument this day of , 2014. Westwood Homes LLC An Oregon limited liability corporation Page 22—DECLARATION By: Todd Boyce, Managing Partner STATE OF OREGON ) ) ss. , 2014 County of ) Personally appeared Todd Boyce who, being duly sworn, did say that he is a Member of Westwood Homes LLC, an Oregon limited liability corporation, and that the foregoing instrument was signed on behalf of said corporation; and acknowledged said instrument to be his voluntary act and deed. NOTARY PUBLIC, STATE OF OREGON My Commission Expires: I:\9372\Dec of CC&Rs for 121st Avenue.docx Page 23 —DECLARATION 18.715.020 Density Calculation 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20% of gross acreage, Note: The applicant does not see where rounding up was used as a part of the subdivision calculations for density? The site is zoned R-4.5 which in this case would equate to 11.92 units. If the applicant cannot utilize the 20% factor for right-of-way the reduction in density results in 3.77 units per acre. In addition, if the existing house cannot be utilized in lot averaging, the result is a second artificial reduction in density to 3.39 units per acre. Both results are a de facto zone change to a lower density zoning district. In addition,the applicant would argue that there is no case in which a development proposal could not provide actual information. When the applicant does not calculate the actual it in effect is not available and therefore the 20% factor is used. Other properties have the ability to take advantage of the actual calculation when it benefits them providing an unfair advantage which is not fair to a development 18.430.020 General Provisions C. 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. Because lot averaging is utilized as a part of this subdivision, it is inherent that some lots will be smaller and some will be larger than the minimum lot size. One of the lots is over 14,000 SF however is not further partitionable and is only of sufficient size to accommodate the existing house and no larger. Because of the needs of the existing house, can we find that this lot is not considered a"Large Lot"? What is the definition of a Large Lot? D. 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. It may not have been clear to staff that the lot with the existing house on it is also included as a parcel in the subdivision application. As such,the lot factors into the Lot Averaging section of the code which is a completely separate section of the code from the Density Calculations with no references back to that code section. This section does not expressly prohibit the use of the lot containing the existing house within the lot averaging calculations. PARTITION CONCURRENT WITH SUBDIVISION The applicant discussed at length with the City the options for accommodate the need to separate the ownerships of the existing house lot and the remainder of the project. The applicant recommended a post monumented plat. In effect, the applicant bonds for any improvements required and then records the plat. The desire of the applicant is not to avoid any required improvements but to instead have them placed upon the subdivision approval with a condition that prohibits any building permits on any of the new parcels until the improvements are complete. The City decided two things. One is that they were not familiar enough with the process of post monumentation and the other was that they preferred the applicant partition concurrent with the subdivision. Although this is more difficult from the applicant's point of view,they went forward with the City recommended process. Breaking the partition and subdivision into separate reviews will take substantially more money and time that is not available. The concurrent process is a very common process and will be minimal in terms of administrative challenges if conditioned properly. The City has in place the process for final review of partitions and land divisions as well as engineering reviews and building permit processes that rely upon the conditions of approval set forth in the Directors Decision that will spell out any limitations placed on the partition and subdivision that will be followed by Staff in administering the approvals. The applicant recommends that the City condition the MLP in such a way where the public improvements are deferred to the subdivision and that a condition of the partition state that no building permits for Lot 1 can be issued until such time as either public improvements are made to SW 81st Avenue or a subdivision or the concurrent subdivision completes all improvements within the conditions of approval for that Casefile. After recording, return to: Jefferson Beeler 13825 SW 121st Avenue Tigard, OR 97233 COMMONWAY AGREEMENT KNOW ALL MEN BY THESE PRESENTS,that we,and each of us, are the owners of a portion of the hereinafter described property individually, and collectively and are the owners of all the property hereinafter described,which property is situated in Washington County, State of Oregon, to-wit: Lot 1,Stepping Stone Estates Lot 2.Stepping Stone Estates Lot 3, Stepping Stone Estates Lot 4, Stepping Stone Estates Property described in document 2005-012609 That it is the desire of the parties hereto to create a common roadway and utility easement over and along the property hereinabove described,which commonway shall benefit all of the individually owned properties, shall run with the land,and shall grant to each owner of said property or any portion thereof,a right to use in common the hereinafter described easement. The properties above may be further divided and any division thereof shall not overburden the commonway. The commonway expenses shall be reapportioned among the divided lots equally and each owner's expenses shall be diluted by new users of the commonway, NOW,THEREFORE,the parties agree with each other,their heirs, successors and assigns forever,that an easement of a common roadway and utilities in favor of all of the property,or any part thereof, hereinabove described is hereby created over and upon said property and described as follows: Tract A,Stepping Stone Estates Easement described in document 98-131159 That this easement is superior and paramount to the rights of any of the parties hereto and it is a covenant running with the land. That this condition shall run with the land and be binding on all future owners of the above-described property or any part thereof, That the consideration for this easement on behalf of the owners of the hereinabove described property is their promise to share equally the cost of maintenance of said roadway,provided however,that in the event either party shall by reason of excessive use in connection with the construction or improvement of the real property to which this easement applies shall cause damage to the roadway, it shall be the obligation of said owner to repair the same. This condition shall run with the land and shall be binding upon all future owners of the hereinabove described tract. . . I IN WITNESS ITNESS WHEREOF,the parties have hereunto set their hands and seals this V?�"f day of elo.A,1t(rAr ,2014. Date: Lewis R. Barlow, Lot 1 and Lot 2 Date: Nancy J.Barlow, Lot 1 and Lot 2 �' VIA. I Date: l13 1 Gregory M. Bui,Lot 3 } Date: I(1 gl ichelle Bui, Lot 3 Date: Marcue Jolley, Lot 4 Date: Connie Jolley, Lot 4 Date: Chad E. Hinton, Document 2005-012609 Date: Jefferson E. Beeler, Document 2005-012609 STATE OF OREGON ) County of Washington ) • BE IT REMEMBERED,that on this /3 day of 'd'1 ,2014, before me,the undersigned, a Notary Public in and for the said County and State, personally appeared the within named6e4 or /Y!�c•hv,•c[ Sae who after being duly sworn,did say that t' he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. 1e,A OFFICIAL SL r* L= EA MICHAEL A LASCANO + N( Irl= •lic NOTARY PUBLIC-OREGON commissioN NO.STATE OF OREGON ) MY COMMISSION EXPIR APRIL 022015 ) S.S. County of Washington ) BE IT REMEMBERED,that on this /3 day,of (7-41,1 , 2014, before me,the undersigned, a.Notary Public in and for the said County and State, personally appeared the within named E'. l��t f ,whoLafter being duly sworn,did say that• he is the identical person named In the foregoing instrument and that he executed said instrument freely and voluntarily. ,s ..., OFFICIAL SEAL 4 ' MICHAEL A IASCANO • • '� ,-� NOTARYPUBUG•OREGON Nat- Pu. is COMMISSION N0,456309 h1Y COMMISSION EXPIRES APRIL 02,2015 STATE OF OREGON ) ) s.s. County of Washington ) • i• BE IT REMEMBERED,that on this day of , 2014, before me,the undersigned,a Notary Public in and for the said County and State, personally appeared the within named , who after being duly sworn, did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. Notary Public After recording, return to: Jefferson Beeler 13825 SW 1218t Avenue Tigard, OR 97233 • • COMMONWAY AGREEMENT KNOW ALL MEN BY THESE PRESENTS,that we, and each of us, are the owners of a • portion of the hereinafter described property individually, and collectively and are the owners of all the property hereinafter described,which property Is situated in Washington County,State of Oregon,to-wit: Lot 1,Stepping Stone Estates • Lot 2.Stepping Stone Estates Lot 3,Stepping Stone Estates •.• Lot 4,Stepping Stone Estates Property described in document 2005.012609 That it is the desire of the parties hereto to create a common roadway and utility easement over and along the property hereinabove described,which commonway shall benefit all of the individually owned properties,shall run with the land,and shall grant to each owner of said property or any portion thereof,a right to use in common the hereinafter described easement. The properties above may be further divided and any division thereof shall not overburden the commonway. The commonway expenses shall be reapportioned among the divided lots equally and each owner's expenses shall be diluted by new users of the commonway. NOW,THEREFORE,the parties agree with each other,their heirs, successors and assigns forever,that an easement of a common roadway and utilities in favor of all of the property, or any part thereof, hereinabove described is hereby created over and upon said property and described as follows: Tract A,Stepping Stone Estates Easement described in document 98-131159 That this easement is superior and paramount to the rights of any of the parties hereto and it is a covenant running with the land. That this condition shall run with the land and be binding on all future owners of the above-described property or any part thereof. • That the consideration for this easement on behalf of the owners of the hereinabove described property is their promise to share equally the cost of maintenance of said roadway, provided however, that in the event either party shall by reason of excessive • use in connection with the construction or improvement of the real property to which this easement applies shall cause damage to the roadway, it shall be the obligation of said owner to repair the same. This condition shall run with the land and shall be binding upon all future owners of the hereinabove described tract. . . . ...... IN WITNESS WHEREOF,the parties have hereunto set their hands and seals this tvy, day of , 2014. Date: • Lewis R. Barlow, Lot 1 and Lot 2 • Date: ;• Nancy J.Barlow, Lot 1 and Lot 2 I, Date: Gregory M.Bui, Lot 3 ! • Date: Michelle Bui, Lot 3 Date: Marcu5Jolhj, Lot 4 I Date: 11119114 I• Connie Jolley, Lot iI Date: Chad E. Hinton, Document 2005-012609 Date: Jefferson E. Beeler, Document 2005-012609 I• STATE OF OREGON ) • ) S.S. County of Washington ) ., -.• BE 1T REMEMBERED,that on this• • day of ,2014, before me, the.• • undersigned, a Notary Public in and for the said County and State, personally appeared the within named ,who after being duly sworn,did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. Notary Public STATE OF OREGON ) ) s.s. County of Washington ) BE IT REMEMBERED,that on this flLe day ofugn r✓ ,2014, before me,the undersigned, a Notary Public in and for the said County 2nd State, personally appeared the within named MQ✓C.9,4 s O Iita , who after being duly sworn,did say that he is the identical person named in the fgoing instrument and that he executed said • instrument freely and voluntarily. ', SASARDS t) AL SEAL 9 (? ;; � RACHEL' NOTARY PUBLIC-OREGON (/ COMMISSION NO,448069 f Notary Public MY00 MISSION EXPIRES APRIL 07,201 STATE OF OREGON ) ) s.s. County of Washington ) p BE IT REMEMBERED,that an this ! Qday of.2inq. , 2014, before me,the undersigned, a Notary Public in 9nd for the said County ar3d State, personally appeared the within named d 11)&10/et) , who after being duly sworn,did say that he is the identical person named iryfhe foregoing instrument and that he executed said instrument freely and voluntarily. OFFICIAL SEAL RACHEL S EDWARDS �) ) Q`:"", : NOTARY PUBLIC•OREGON i) •CLA'iu.. r `it� COMMISSION No,448069 f 4)}401t11.1') MY COMMISSioN EXPIRES APRIL 07,2014 Notary Public After recording,return to: Jefferson Beeler 13825 SW 121St Avenue • Tigard, OR 97233 COMNIONWAY AGREEMENT • KNOW ALL MEN BY THESE PRESENTS,that we,and each of us,are the owners of a . portion of the hereinafter described property individually,and collectively and are the owners of all the property hereinafter described,which property is situated in Washington County,State of Oregon,to-wit: • Lot 1, Stepping Stone Estates Lot 2.Stepping Stone Estates Lot 3,Stepping Stone Estates Lot 4,Stepping Stone Estates Property described in document 2005-012609 That it is the desire of the parties hereto to create a common roadway and utility easement over and along the property hereinabove described,which commonway shall benefit all of the individually owned properties,shall run with the land,and shall grant to • each owner of said property or any portion thereof,a right to use in common the hereinafter described easement. The properties above may be further divided. The commonway expenses shall be reapportioned among the divided lots equally and each owner's expenses shall be diluted by new users of the commonway. NOW,THEREFORE,the parties agree with each other,their heirs,successors and assigns forever,that an easement of a common roadway and utilities in favor of all of the property, or any part thereof,hereinabove described is hereby created over and upon • said property and described as follows: Tract A, Stepping Stone Estates Easement described in document 98.131159 That this easement is superior and paramount to the rights of any of the parties hereto and it is a covenant running with the land, That this condition shall run with the land and be binding on all future owners of the above-described property or any part thereof, That the consideration for this easement on behalf of the owners of the hereinabove described property is their promise to share equally the cost of maintenance of said roadway,provided however,that in the event either party shall by reason of excessive use in connection with the construction or improvement of the real property to which this easement applies shall cause damage to the roadway',it shall be the obligation of said • owner to repair the same. This condition shall run with the land and shall be binding upon all future owners of the hereinabove described tract. IN WITNESS HEREOF,the parties have hereunto set their hands and seals this t?ft''day of ,2014. Date: Lewis R.Barlow, Lot 1 and Lot 2 Date: 1. Nancy J. Barlow, Lot 1 and Lot 2 Date: Gregory Me But Lot 3 Date: Michelle Bui,Lot 3 • Date: Marcus Jolley,Lot 4 • - 1 Date: Connie Jolley, Lot 4 Date: 0 rll3/10,1 Chad E. Hinton, Document 2005-012609 Date:17! //g/2-t1i 4( Jefferson E.Beeler, Document 2005-012609 STATE OF OREGON ) I ) s.s, County of Washington , • ) I BE 1T REMEMBERED,that on this 13 day 05-7-kr' 2014, before me,the • undersigned, a Notary Public in a d for the said Coun�State, personally appeared the within named Ck&6L E•• L vti� ,who after being duly sworn,did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. • OFFICIAL SEAL RE SCCA LYNt�EThQMAS ) rNOTARY'1PUHUC-oREeON ;:i„' oommigsioN N0,4419153 11 ( MY COMMISSION EXPIRES •Y15 2614 :i Notary Public • STATE OF OREGON ) '1 County of Washington ) • BE IT REMEMBERED, that on this_4/3 day of, ,20;14, before mel the undersigned,a Nota blic inL�n�d�fy r the said County and State,personally appeared the within named��r" 1, 1£fi.G�.C�'f" ,who after being duly swam,did say that . he Is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. l . I ..r , OfFIC tAF11 NOTAHyyP1.0.10 OREGON ; COMMISSION l 1 455370 MV' � "i�.tCNIXF`ESJAtjllppY24,20t Zetio04 Not ry Public • j I • l I I { i . 3 1 ' i' Z i l i It 5 • • 3 • 3 • ZOO'9EE0£T900Z AIM 96ZZT2IOS MS 'OST '12gVS 2T4TX IS Pe." c) qP!Prgill IriPi% ti qo4 . +Av IiIib1U , .0 R. LI —, ti:Y May$" M y �r Ccs R• gIt't 73 ZPt4 Ill 4'' 4 Wit CI) 41 P '' gg4,4•'. Z c) ic) R i b 4i: ' 14 eon i ib� , s tiga Pt 0 M 4.' . ,,•, § ''' .... fi' l-.44" + CI) '9'i rtt. t. 1 igi 1,!.. '1 ,.4 " kr)� girh t �n s x k oy ��$.bt3$1,11P,645mi C n 'i 4) ,,,, , ,,: ,,, „ ,. _,, , ,„ „ ,, -- •1,,t1•,,,, ,, h ,"" \ ilk, t t 00 41 • ,, ii \ $ • , a� Z �.. t" ` r, OO o n N`k \ I r.t,,r.,, • , 1 i 6Qo k) is I'�a 4 Q 4 , , ,,, v h N c N er'„y;11•i.'4• tri +o :.t ti 4 4 wash!ngton County,Oregon 2006-130337 p i110212008 11;57:54 AM 0 DRIB Cr*w2 t?tttog J GREGORY • $15.00 55.00 59.00$11.00-TOW r•$37.06 • i v0 to AFTER RECORDING RETURN COPY TO: 1,111 111111111 I1110 III I U 1(1111111 IIf I {j 01032186200001303370 30033 �rdr"`� SNGJNEEMNGDEPARTMENT 1.plahardHobominnt,ottretorofAmu pintintOld LA; z,r :.! TORotlanandEx4rfkIoCoil*Work for Washington 'ZN City of Tigard County,crew,aoherobyatrtrfythat Mbwithin ,,rd 13125 SW Hall Blvd, instrument or writing wune.fwdand»cniadtnthap book Onwards of laid ccu tyta. /1 �+ V". Tigard,OR 97223 tuckustxaHsmrcht Olraataroraanaaamsn g ' TTotttan,E*•Of lolo County CIatk 1' SPACE ABOVE THIS LINE POR RECORDER'S USE DECLARATION OF PRIVATE MAINTENANCE AGREEMENT AND PLAN FOR PRIVATE STREET,STREET LIGHTS AND STORM WATER SYSThM Beeler Subdivision#SUB 2005-00009 CONDITIONS,COVENANTS AND RESTRICTIONS STRICTIONS Declarant is the owner of the private street for access to Lots 1,2,3,and 4 of Stepping Stone Estates Plat#_g2 Q O f L,6 (n (File#SUB 2005-00009)Declarant hereby declares as follows: 1. RURPOSE OF AGREEMENT The purpose of this Agreement is to provide for the perpetual maintenance of the private street,curbs, gutters,and sidewalks that provide access to the lots from SW 121'Street,Tigard,Oregon. 2. LEGAL DESCRIPTION The property subject to this Agreement is described as follows: a. The property burdened perpetually by this agreement are Lot I,Lot 2,Lot 3,and Lot 4 of the Stepping Stone Estates Subdivision(File#SUS 2005-00009). b. The property benefited by this agreement is Tract A, and that portion of the ingress and egress easement containing the street,curbs,gutters,and sidewalks of Stepping Stones Estate Plat# , 3. DURATION AND NATURE OF AGREEMENT This Agreement shall continue in perpetuity.This Ageement is intended to and does attach to and run with the land affected herein. This Agreement is binding on the undersigned landowner's ("Declarant"),and all persons claiming under it.It is the intent of Declarant to create a continuing obligation and right on the part of it and subsequent owners of the subject land, 4. CONSTRUCTION OF IMPROVF.,MP.NTS, Declarant shall maintain the private street,its curbs,gutters,and sidewalks which allows access to Lot 1,Lot 2,Lot 3,and Lot 4 of Stepping Stone Estates.The streets shall be constructed and maintained to the standards of the City of Tigard and Washington County. 5. OWNERSHIP. Declarant is the owner of the private street,gutters,curbs,and sidewalks.As Declarant transfers the parcels described in Section 2 of this Agreement to subsequent purchasers, such purchaser shall acquire an access to the purchaser's respective lot.When Declarant has conveyed the lots described in Section 2 of this Agreement to others,the Declarant's ownership interest shall terminate. Page 1 Title Data, Inc. SW POR12246 WIT 2006130337.001 1 i ' MAINTENANCE. The private street shall be maintained by the owners to continuously comply with the standards set by the City of Tigard,end other regulations made applicable in the future by any governmental body, No owner of Lot I,Lot 2,Lot 3,and Lot 4 shall place upon or over the street,any improvements, planting or other materials which would interfere with the maintenance or operation of the street. Landscaping having a root system which will not damage the street may be placed near the street and the replacement of landscaping shall be included in the costs of any maintenance work, Lot 1,2,3,and 4 shall share equally in the annual maintenance cost of the private storm water system and enter into a maintenance agreement with Contech Stormwater Solutions, Inc. or other suitable contractor qualified to maintain end service the storm system, Lots 1,2,3,and 4 shall share the cost equally of the Street liahts located on Tract"A"private street known as Plantation Street.Lots 1,2,3,and 4 may form a Homeowners association or other entity for the purpose of activation and billing by POE of these Street lights,otherwise street lights need not be energized. 6, INDEMNIFICATION, The owners of the street shall hold harmless,defend and indemnify the City of Tigard and the City's officers,agents and employees against all claims,demands,actions and suits,including attorney's fees and costs brought against any of them arising out of the failure to properly design,locate,construct or maintain the street which is subject to this Agreement or for damage to any property resulting from the street which is subject to this Agreement or for damage to any property resulting from the street. All workers undertaking maintenance work on the street shall have standard liability insurance in a reasonable amount from a reputable insurance company which protects each owner. 7. MAINTENANCE OBLIGATIONS AND ARBITRATION. The owners of Lot 1,Lot 2,Lot 3,and Lot 4 shall confer from time to time regarding the performance of required maintenance under this Agreement. In the event of a disagreement concerning maintenance obligations and payment,the owners of Lot 1,Lot 2,Lot 3,and Lot 4 shall agree upon an arbitrator.If an arbitrator cannot be agreed upon the presiding judge of the Circuit Court of Oregon for the County of Washington shall appoint an arbitrator.The decision of the arbitrator shall be binding on the owners and the fee of the arbitrator shall be borne equally by the owners. 8. NOTICE. Any notice,demand or report required under this Agreement shall be sent to the owners in care of the street address of his lot,or in the event the owner does not reside on the said property,in care of the current property tax notification address of the property,provided,however,that an owner can change their notification address by written notice to each other.Any required notice or demand shall be made by hand delivery or certified mail and shall be deemed received on actual receipt or 48 hours after being mailed whichever first occurs. 9. TEttMvIINATIQN. The owner of Lot 1, Lot 2, Lot 3, and Lot 4 may not amend, withdraw from or dissolve this Agreement without the written approval of the City of Tigard.If this Agreement is a condition of the approval of a division of property,the City of Tigard, may require such condition to be modified Past 2 Title Data, Inc. SW POR12246 Wtt 2006130337.002 • before permitting this Agreement to be dissolved or permitting a party to withdraw from this Agreement. • 10, DEFINITIONS. • a. Maintenance means any work required to keep the improvement in compliance with all applicable governmental regulations and the terms of this agreement including cleaning, repairs,reconstruction and replacement, b. Street means the street surface(and subsurface),curbs,gutters and sidewalks. IN WITNESS WHEREOF,the parties hereto have executed this Maintenance Agreement on this I --`-- day of August,2006 CI.Al7ANT • a-(3. Beeler,Member Stepping Stone Homes,LLC STATE OF OREGON ) )ss, County of Washington ) SUBSCRIBED AND SWORN to before me this / day of August,2006,by Dan P,Beeler,Member, Stepping Stones Homes,LLC as owner of the land. inaVie L11/ 1 1 s� OFFlGIAt SEAL � Notary Public for Oregon V MARIE L.WOLF ( My commission expires: /O/22/6$ �,� • NOTARY PUBLtOOBES )N COMMISSION NO,384146 .MYC0MMISS10N 0108E8OCT09ER 22,2008 l) • Page 3 Title Data, Ina. SW POR1224:6 WN 2006180337.003 STATE OF OREGON ) s.s. County of A{u.k & -t'\ ) BE IT REMEMBERED,that on this /6-'"" day of , 2014, before me,the undersigned, a Notary Public in and for the said County and State, personally appeared the within named d.... u,b R. ,who after being duly sworn,did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. OFFICIAISEAL tg,t,,,'; CATHLEEN A CARROLL jr , NOTARY PUBUO OAEQON 1 COMMISSION NO,467549 MY COMMISSION EXPIRE6 MAY27,2016 Notary Public STATE OF OREGON } l ) s.s. County of iagEatiaiiejten v t J ) ' BE IT REMEMBERED,that on this 2 day of "*'s 7, 2014, before me,the undersigned, a Notary Public in and for the said County and State, personally appeared the within named 0..1i%c -tow ,who after being duly sworn,did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. • OFFICIALSEAL � ' •, CAThLEEN A CARRQtl ,' y NOTARY PUBLIC-OREGON iV COMMISSION NO.467549 MY COMMISSION EXPIRES MAY27,2018 • Notary Public STATE OF OREGON ) ) s.s. County of Washington ) BE IT REMEMBERED,that on this day of , 2014, before me,the undersigned, a Notary Public in and for the said County and State, personally appeared the within named ,who after being duly sworn, did say that he is the identical person named in the foregoing instrument and that he executed said instrument freely and voluntarily. Notary Public IN WITNESS WHEREOF,the parties have hereunto set their hands and seals this day of/14rU4SA , 2014. . . . ._. . Zet •i`s g• ! Date: a i ,s/ oL Lewis R. Barlow, Lot 1 and Lot 2 1/0,01 / ta67AY.-- Date: 1 f I'���a I ancy J.Baiw, Lot 1 and Lot 2 • Date: Gregory M. Bul, Lot 3 Date: • Michelle Bui, Lot 3 Date: Marcue Jolley, Lot 4 Date: Connie Jolley, Lot 4 Date: Chad E. Hinton, Document 2005-012609 Date: Jefferson E. Beeler, Document 2005-012609 CITY OF TIGARD PRE—APPLICATION ,c II CON,FFARENCI--i; 1\OTI �:S . t TlI GARD (Pre-Application Meeting Notes are Valid for Six (6) Months) b PRE-APP.MTG.DATE: December 3,209.3 ) �e 3 50 ,. 0 70 • % STAFF AT PRE-APP.: GBP/MM/AS e . _. _ ,_ RESID KN TIAL APPLICANT:Westwood Homes,LLC AGENT: Bill Wagener Phone: Phone: 503-330-2215 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 13825 SW 121't Ave TAX MAP(S)/LOT#(S): 2S103CC 00500 NECESSARY APPLICATIONS: (PDR)planned development review ZOPOSAL DESCRIPTION: 4-Lot subdivision on 1.0 acre JMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential ZONING MAP DESIGNATION:R-4.5 (PD)planned development overlay ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.510, and as modified by 18.350.060) MINIMUM LOT SIZE: 7.500 sq. ft. Average Min. lot width: 50 ft. Max.building height: 30 ft. MAXIMUM SLUE COVERAGE:% Minimum landscaped or natural vegetation area:_%. Setbacks: Front 20 ft. Side 5 ft. Rear 15 ft. Corner 15 ft. from street GARAGES: 20 ft. NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES,AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 Residential Application/Planning Division Section ® NARRATIVE (Refer to Code Chapter 18.390) 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. M IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address,at a minimum,the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically- concur pecificallyconcur 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. X ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1/parcel Minimum access width: 15 ft. Minimum pavement width: 10 ft n WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) 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. RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715)—See example below. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the total site area: All sensitive lands areas including: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways;and ➢ Wetlands for the R-1,R-2,R-3.5,R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ Single-family allocate 20%of gross acres for public facilities;or ➢ Multi-family allocate 15% of gross acres for public facilities;or ➢ If available,the actual public facility square footage can be used for deduction. All land proposed for pt vate Streets SEE NOTES FOR ESTIMATED DENSITY CALCULATIONS. I EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8,712 sq. ft. (20%) for public right-of-way 6,534 sq. ft. (15%) for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3,050 (minimum lot area) - 3,050 (minimum lot area) 11.4 Units Per Acre (maximum) — 12.1 Units Per Acre (maximum) CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 Residential Application/Planning Division Section • ® The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMI'1`TED. Minimum Project Density is 80% of the maximum allowed density. TO DETERMINE, MULTIPLY THE MAXIMUM BY.8. EK SPECIAL SETBACKS (Refer to Code Section 18.730) • ➢ STREETS:?feet from the centerline of SW 121st.(Refer to Development Eng.notes) ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ 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 lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (See applicable zoning district for the primary structures'setback requirements.] FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet,whichever is less in most zones;21/2 stories,or 35 feet in R-7,R-12,R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. 171 BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINAT'.E ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffet areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level _ along south boundary. Buffer Level along west boundary. SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ® STREET TREES &PARKING LOT TREES (Refer to Code Chapters 18.745 and 18.765) STREET TREES SHALL BE REQUIRED AS PART OF THE APPROVAL PROCESS FOR A CONDITIONAL USE (TYPE III), DOWNTOWN DESIGN REVIEW (TYPE II & III), MINOR LAND PARTITION (TYPE II), PLANNED DEVELOPMENT (TYPE III), SITE DEVELOPMENT REVIEW (TYPE II), AND SUBDIVISION (TYPE II & III). The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet(if the number is a fraction,round to the neatest whole number). The trees shall be placed within the public light-of-way whenever possible but no more than six (6) feet from the right-of-way boundary. Street trees shall be planted according to Section 2 of the Urban Forestry Manual and adequate soil volumes shall be provided in accordance with Section 12 of the Urban Forestry Manual. Existing trees may be used to meet the street standards. Further information on regulations affecting street trees may be obtained from the Planning Division. PARKING LOT TREES ARE REQUIRED AS PART OF THE APPROVAL PROCESS FOR A CONDITIONAL USE (TYPE III), DOWNTOWN DESIGN REVIEW (TYPE II & III), PLANNED DEVELOPMENT (TYPE III),AND SITE DEVELOPMENT REVIEW(TYPE II).All parking areas,including parking spaces and aisles,shall be required to achieve at least 30% tree canopy cover at maturity directly above the CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 Residential Application/PlanningDivision Section parking area in accordance with Section 13 of the Urban Forestry Manual. RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SI'Z'E SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at(503) 625-6177. ® PARKING (Refer to Code Chapters 18.765 &18.705) ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. • Single-family Requires: One (1) off-street parking space per dwelling unit;and One 1space per unit less than 500 square feet. • Multiple-family Requires: 1.25 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: D. 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 parking areas shall provide a-D?ropriately located and dimensioned disabled person parking spaces. The minimum number of disai_ed person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. n BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are requited FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.775) 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 pre-application conference based on available information. HOWEVER,the responsibility to precisely identify sensitive land areas, and their boundai.ies, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS, SOME RESIDENTIAL RELATED DEVELOPMENT IS EXEMPT. n STEEP SLOPES (Refer to Code Section 18.775.070.C) When STEEP SLOPES exist,prior to issuance of a final order,a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.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. CITY OF TIGARD Pre Application Conference Notes Page 4 of 8 Residential Application/Planning Division Section • CLEANWATER SERVICES (CWS) Service Provider Letter PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. - ❑ SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ® URBAN FORESTRY PLAN(Refer to Code Section 18.790.030.0 and the "Tree Canopy Requirements" Brochure) AN URBAN FORESTRY PLAN IS REQUIRED FOR THE FOLLWING TYPES OF DEVELOPMENT: Conditional Use (Type III);Downtown Design Review(Type II and III);Minor Land Partition(Type II); Planned Development (Type III); Sensitive Lands Review(Type II and III); Site Development Review(Type II); and Subdivision (Type II and III). The plan needs to be prepared by an ISA certified arborist or landscaped architect. Percentage of mature canopy cover required:% (Refer to Appendix 2-6 in Urban Forestiy Manual for a list of trees with mature canopy cover areas) An urban forestry plan.shall: - Be coordinated and approved by a landscape architect (the project landscape architect) or a person possessing dual certifications as a certified arborist and certified tree risk assessor(the project arborist); - Meet the tree preservation and removal site plan standards in Section 10, part 1 of the Urban Forestry Manual; - Meet the tree canopy site plan standards in Section 10,part 2 of the Urban Forestry Manual;and - Meet the supplemental report standards in Section 10,part 3 of the Urban Forestry Manual. TREE CANOPY FEE. If the effective percentage of tree 'canopy cover cannot be met, the applicant shall provide the city a tree canopy fee according to the methodology outlined in Section 10, part 4 of the Urban Forestry Manual. 18.790.040-Discretionary Urban Forestry Plan Review Option In lieu of providing payment of a tree canopy fee when less than the standard effective tree canopy cover required by Section 10, part 3 of the Urban Forestry Manual will be provided, an applicant may apply for a discretionary urban forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan, any tree preservation or tree planting requirements established as part of another land use review approval, or any tree preservation or tree planting requirements required by another chapter in this title. 11 PRESERVATION OF EXISTING TREES (Refer to Code Section 18.790.050.C.) To assist in the preservation and/or planting of trees and significant tree groves, the director may apply one or more of the following flexible standards as part of the land use review approval. Use of the flexible standards shall be requested by the project arborist or landscape architect as part of the land use review process. The flexible standards are only applicable to trees that are eligible for credit towards the effective tree canopy cover of the site. Appropriate species of trees in good condition and suitable for preservation receive a 200 percent credit based on their existing canopy area. Refer to Section 11-Part 3 of the Urban Forestry Manual for submittal requirements. • • CLEAR VISION AREA (Refer to Code Chapter 18.795) CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 Residential Application/Planning Division Section The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.) 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. P< ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) 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 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. BLOCKS (Refer to Code Section 18.810.040) The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 2,000 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. CODE CHAPTERS E. 18.330(Conditional Use) ID 18.620(Tigard Triangle Design Standards) Q 18.760(Nonconforming Situations) El 18.340(Director's Interpretation) El 18.630(Washington Square Regional 131. 18.765 (Off-Street Parking/Loading Center) Requirements) 121. 18.350(PIanned Development) El 18.640(Durham Quarry Design Standards) 0. 18.775(Sensitive Lands Review) Cl 18.360(Site Development Review) la. 18.705(Access/Egress/Circulation) EL 18.780(Signs) El 18.370(Variances/Adjustments) Ej 18.710(Accessory Residential Units) II 18.785(Temporary Use Permits) 18.380(Zoning Map/Text Amendments) Ed 18.715(Density Computations) 18.790(Urban Forestay Plan) ❑. 18.385(Miscellaneous Permits) f�. 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) 10. 18.390(Decision Making Procedures/Impact 0. 18.725(Environmental Performance II 18.798 (Wireless Communication Study) Standards) Facilities) Q 18.410(Lot Line Adjustments) El 18.730(Exceptions To Development 18.810 (Street & Utility Improvement Standards) Standards) El 18.420(Land Partitions) 0 18.740(Historic Overlay) la 18.430(Subdivisions), [l_ 18.742(Home Occupation Permits) la 18.510(Residential Zoning Districts) la 18.745(Landscaping&Screening Standards) El 18.520(Commercial Zoning Districts) El. 18.750 (Manufactured/Mobil Home Regulations) r' 18.530(Industrial Zoning Districts) E. 18.755 (Mixed Solid Waste/Recycling Storage) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: Applicant's questions: _tequired dedication from Stepping Stone Easement?Please see Development Engineering Notes. 2) Review of Stepping Stone approval for access and development issues. Approved as a Type II subdivision with a variance for street spacing.Access allowed on a private street to serve 4 lots. Also,please see Development Engineering Notes • 3) 121s`Avenue dedication? 18.730.040 Additional setback from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the city's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus 1/2 of the projected road width as shown on the transportation map. Also,please see Development Engineering Notes. 4) Lot width requirement.Average lot width is measured at the front and back setback lines. A request for a type II variance can be made and approved if criteria listed in 18.370.010.C. are met. The Planned Development chapter, 18.350.060,allows flexibility in underlying zone development standards. 5)Utility challenges?Please see Development Engineering Notes. 6) 121st Avenue improvements?Please see Development Engineering Notes. rtes: PDR fee is S17,226;review time is approximately 8 weeks from application completeness. PROCEDURE E. Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. [� Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE, ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall also be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Hearing's Officer . A basic flow chart which illustrates the review process is available from the Planning Division 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. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 Residential Application/Planning Division Section This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss tie opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (County Surveyor's Office: 503-648-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION 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 approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application 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 there are building code issues that would prevent the structure from being constructed, as proposed. • Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED), PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site 'D kilning that should apply to the development of your site plan. Failure of the staff to provide information required 'Dy the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff 'alive to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Gary Pagenstecher r CITY OF TIGARD PLANNING DIVISION - STA—P RSON HOLDING PRE APP.MEETING PHONE: 503-718-2434 EMAIL: garyp@tigard-or.gov CITY OF TIGARD Pre application Conference Notes Page 8 of 8 Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES ➢ DEVELOPMENT ENGINEERING City of Tigard,Oregon Community(Development ShapingAA 3etterCommunity PUBLIC FACILITIES Tax Mapts): 2S103CC Hinton/Beeler Tax Letts]: 500 Use Type: 114.5 These notes were prepared based on information provided by the applicant showing a 4-lot proposed subdivision on one existing tax lot on the west side of 121st Ave on the north side of Plantation Terrace. 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. Based on consultation with planning staff(Gary Pagenstecher) these notes have been prepared under the assumption that this proposal would move forward via the Planned Development process. The applicant will need to demonstrate that rights exist or can readily be established for vehicular access to each of the proposed properties via Plantation Terrace. 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: ® SW 121st Ave to 35 feet from centerline of right-of-way (70 feet total ROW). It appears that 5 feet of additional right-of-way dedication will be necessary. ❑ Internal public streets ❑ Three-Quarter Streets along boundaries Tigard Municipal Code (TMC) 18.810.030.7 states that `Private streets serving more than six dwelling units are only permitted within planned developments ....' FP Street improvements: (Subject to rough proportionality) CITY OFTIGARD Pre-Application Conference Notes Page 1 of 5 Development Engineering Z Partial street improvements will be necessary along SW_121St Ave to include: n _feet of pavement from face of curb to centerline ❑ concrete curb (or curb and gutter) r 5-foot planter exclusive of curb n storm sewers and other underground utilities ❑ 6-foot concrete sidewalk ® street trees along back of walk ✓ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: Pavement tapers as needed 121st Ave has two travel lanes, a center turn lane, bike lane, sidewalk, and street fights along the frontage of the subject property. While this section does not meet the current standard, sidewalk relocation is not anticipated to be required at this time. Street trees should be planted along the back of the walk. A future street improvement agreement would be appropriate in this case. Full street improvements will be necessary along internal public streets: _feet of pavement (parking on both sides) or 28 feet (parking on one side only) • concrete curb (or curb and gutter) n 5-foot planter exclusive of curb n storm sewers and other underground utilities ❑ 5-foot concrete sidewalk street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: We have concerns about the adequacy of parking that would be available to residents of the proposed development. Provisions such as parking spaces along Plantation Terrace or in front of one or more of the proposed properties will be necessary. 18.730.040 Additional Setback Requirements: This section sets requirements for additional setback distance from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the city's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. This does not appear to be applicable in this case Agreement 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.) 121St Ave frontage CITY OF TIGARD Pre-Application Conference Rotes Page 2 of Development Engineering (2.) Overhead Utility Lines: ® Section 18.810:120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, if approved by the City Engineer, 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 approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The utilities along 121st Ave appear to be underground already. All utilities serving the property shall be placed underground including the existing utilities serving the house to remain. Sanitary Sewers: The applicant will need to verify adequacy of existing lines to accommodate the proposed development. Contact the City of Tigard Utility Billing Department for connection fees. Sanitary sewer appears to be available under Plantation Terrace west of the subject property, 121st Ave southeast of the subject property, and Rose Vista Dr northeast of the subject property. The applicant will need to show that adequate service can be provided to the site, adequate capacity exists to accommodate flow from the site, and appropriate easements are in place if necessary. Water Supply: The City of Tigard provides public water service in this area. Coordinate with the City of Tigard Public Works Department for information regarding adequate water supply for the proposed development and connection fees. Fire Protection: Tualatin Valley Fire and Rescue District [Contact: John Wolff, 503-259-1504] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Provide a plan that shows how the storm drainage system for the site connects to the public system. Storm drainage plan and calculations shall be submitted with the application for it to be considered complete. Storm water detention is required. Storm water detention facilities must be reviewed and approved by the city. Storm water detention calculations shall be submitted to the Development Engineer for review and approval. The stormwater plan and facilities must meet Clean Water Services (CWS) standards. CITY OF TIGARD Pre-Application Conference Holes Page 3 of 5 Development Engineering 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 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from 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 impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. 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. n Payment of the fee in-lieu. Water quality treatment is required. Calculations for sizing of water quality treatment facilities must be submitted to the Development Engineer for review and approval. Water quality facilities also must be reviewed and approved by the city. Review and comply with provisions of Chapter 4 Clean Water Services Design and Construction Standards (Runoff Treatment and Control). Other Comments: Water quality and detention facility design and construction must be certified by a professional engineer as meeting Clean Water Services requirements. After completion of the construction of these facilities, the applicant shall enter into an agreement with the city on city-furnished forms for long-term maintenance of the facilities. This agreement will be recorded and city staff will be periodically inspecting the facilities for compliance with the terms of the agreement. TRANSPORTATION DEVELOPMENT TAX In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF)which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single- family home. Pay TDT as required. PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from Development Engineering. A PFI permit application is available at the Planning/Engineering counter in the Permit Center at City Hall. For more extensive work such as street widening improvements, main utility line CITY OF TIGARD Pre-Application Conference Notes Page 4 of 5 Development Engineering extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The PFI permit application shall include any on-site water quality and detention facilities that may be required as part of the land use approval. 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 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: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. A PFI permit is required for this project. This permit must be obtained before any work begins on site. Buildincl 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 builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. PREPARED BY: Mike McCarthy 12/2/13 DEVELOPMENT ENGINEER DATE Phone: 15031118-2462 E-mail: mikem©tigard-or gov Revised: March 2012 CITY OF TIGARD Pre-Application Conference Notes Page 5 of 5 Development Engineering EMjilO ii��;i►is"i Ste((�,��w t title Stewart Title Company 1000 SW Broadway,Suite 1600 Portland, OR 97205 Phone: (503)290-5500 Fax: (866)605-8314 PUBLIC RECORD REPORT FOR NEW SUBDIVISION OR LAND PARTITION THIS REPORT IS ISSUED BY THE ABOVE NAMED COMPANY ("THE COMPANY") FOR THE EXCLUSIVE USE OF: Westwood Homes Date Prepared: March 11, 2014 Effective Date: 5:00 pm on March 05, 2014 Charge: $350.00 Order No.: 01049-13035 The information contained in this report is furnished by Stewart Title Company (the"Company") as an information service based on the records and indices maintained by the Company for the county identified below. This report is not title insurance, is not a preliminary title report for title insurance, and is not a commitment for title insurance. No examination has been made of the Company's records, other than as specifically set forth in this report. Liability for any loss arising from errors and/or omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and Stipulations contained in it. A. The land referred to in this report is located in the County of Washington, State of Oregon, and is described as follows: A tract of land, being a portion of Parcel 1 and Parcel 2 in Deed Recorded February 19, 1986 as Fee No. 86-007148, Washington County Deed Records, situated in the Southwest one-quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, more particularly described as follows: Commencing at the Southwest corner of Section 3; thence along the West line of said Section 3, North 02°12'07" East a distance of 528.00 feet; thence parallel with the South line of said Section 3, South 88°43'02" East a • distance of 330.03 feet to the Northwest corner of that tract of land described as Parcel 1 in Deed recorded as Fee No. 86-007148,Washington County Deed Records, also being the True Point of Beginning of this description; thence along the North line of said Parcel 1 and Parcel 2 South 88°43'02"East a distance of 480.06 feet to the West right-of-way line of SW 121st Avenue, County Road No.411, 20.00 feet from the centerline;thence along said right-of-way line South 02°45'48"West a distance of 191.53 feet to a point 25.00 feet from,when measured at right angles to,the South line of said Parcel 1; thence parallel with said South line North 88°43'02"West a distance of 240.06 feet; thence parallel with said right-of-way line North 02°45'48" East a distance of 69.53,feet; thence parallel with the North line of said Parcels 1 and 2 North 88°43'02"West a distance of 240.00 feet to the East line of Lot 17 of the duly recorded plat of EAGLE POINTE;thence along the East line of Lots 17 and 18 of said plat North 02°45'48" East a distance of 122.00 feet,to the Point of Beginning. Monetary Encumbrance Report OR NW Page 1 File No. 01049-13035 TOGETHER WITH easement rights as set forth in Instrument entitled Commonway Access and Utility Easement, including the terms and provisions thereof, recorded November 20, 1998 as Recorder's Fee No. 98131159, Washington County Deed Records. EXCEPTING THEREFROM that portion thereof conveyed to Venture Properties in Deed recorded September 9, 2002 as Recorder's Fee No. 2002-103879,Washington County Deed Records. FURTHER EXCEPTING THEREFROM that portion thereof described in Stipulated Final Judgment of Condemnation, including the terms and provisions thereof, filed November 13, 2003 in Washington County Circuit Court Case No. CO23596CV, a copy of which was recorded December 17, 2003 as Recorder's Fee No. 2003-207065,Washington County Deed Records. ALSO EXCEPTING THEREFROM a tract of land being a portion of Parcel 1 and Parcel 2 in Deed recorded February 19, 1986 as Fee No. 86-007148,Washington County Deed Records, situated in the Southwest one- quarter of Section 3,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Commencing at the Southwest corner of Section 3; thence along the West line of said Section 3, North 02°12'07" East, a distance of 528.00 feet; thence parallel with the South line of said Section 3, South 88°43'02" East, a distance of 330.03 feet to the Northwest corner of that tract of land described as Parcel 1 in Deed recorded as Fee No. 86-007148,Washington County Deed Records, also being the true point of beginning of this description; thence along the North line of said Parcel 1 and Parcel 2, South 88°43'02" East, a distance of 240.00 feet;thence South 02°45'48"West, a distance of 122.00 feet;thence parallel with the North line of said Parcel 1, North 88° 43'02"West a distance of 240.00 feet to the East line of Lot 17 of the duly recorded plate of EAGLE POINTE; thence along the East line of Lots 17 and 18 of said plat, North 02°45'48" East, a distance of 122.00 feet to the point of beginning. B. As of the Effective Date,the tax account and map references pertinent to the Land are as follows: 1. Account No.: R475550 Map No.: 2S13CC-00500 C. As of the Effective Date and according to the Public Records,we find title to the land apparently vested in: Chad E. Hinton and Jefferson E. Beeler D. As of the Effective Date and according to the Public Records, the Land is subject to the following liens and encumbrances,which are not necessarily shown in the order of priority: 1. City liens, if any, of the City of Tigard. We find none as of March 5, 2014. 2. Commonway Access and Utility Easement Agreement and the terms and conditions thereof: By and Between: Thomas L. Fisher,Trustee of the Fisher Properties Trust; and John D.Anderson and Suzanne Kent Recorded: November 20, 1998 Fee No.; 98131159 Said easement is also set forth in instrument: Recorded: November 20, 1998 Fee No.: 98131154 3. Easement and the terms and conditions thereof: Grantee: Adjacent owners Purpose: Emergency vehicle turn around access Affects: The most Southerly 25 feet Recorded: April 7, 1999 Fee No.: 99042622 Monetary Encumbrance Report OR NW Page 2 File No. 01049-13035 4. Easement and the terms and conditions thereof: Grantee: City of Tigard Purpose: Right of way and construction purposes Affects: East 5 feet adjacent to S.W. 121st Avenue Recorded: December 17,2003 Fee No.: 2003207065 5. Trust Deed and the terms and conditions thereof: Grantor: Chad E. Hinton and Jefferson E. Beeler Trustee: Chicago Title Insurance Company Beneficiary: Mortgage Electronic Registration System, Inc. (MERS)solely as Nominee for Lender hereinafter defined and Lender's successors and assigns Lender: American Home Mortgage Acceptance, Inc. Amount: $466,400.00 Dated: January 31, 2005 Recorded: February 4, 2005 Fee No.: 2005012610 Loan No.: 0000746365 MIN No.: 100314000007463655 The amount now secured by said Trust Deed and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 6. Line of Credit Trust Deed, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Grantor: Chad E. Hinton,Jefferson E. Beeler Trustee: Chicago Title Insurance Company Beneficiary: American Home Mortgage Acceptance, Inc. Dated: January 31, 2005 Recorded: . February 4,2005 Fee No.: 2005012611 Amount: $116,600.00 This Trust Deed secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written statement from the existing lender confirming: (a)the payoff amount; (b)that the line of credit has been closed, and no further draws/advances will be permitted and/or the right to future advances has been terminated, and (c)° agreeing to deliver a full satisfaction/release upon payment of the outstanding balance. Assignment of Beneficial interest in said Trust Deed: Assignee: Mortgage Electronic Registration Systems, Inc. Recorded: December 29,2008 Fee No.: 2008100849 Monetary Encumbrance Report OR NW Page 3 File No. 01049-13035 7. Commonway Agreement and the terms and conditions thereof: By and Between: Adjoining property owners Recorded: January 31, 2014 Fee No.: 2014005693 NOTE (a): We find no judgments or Federal Tax Liens against the vestees herein. NOTE (b): Taxes paid in full for 2013-2014: Levied Amount: $8,328.10 Account No.: R475550 Levy Code: 023.74 Map No.: 2S13CC-00500 NOTE (c): As disclosed by the county tax rolls,the 2013-2014 real market value for said property is: Land: $192,620.00 Improvements: $368,090.00 Total: $560,710.00 NOTE(d):We do not find any Deeds of record on the subject property recorded within the last 24 months. Stewart Title Company Deanna Wright, Title Officer Phone: (503)290-5504 Fax: (866)392-1810 Email: deanna.wright@stewart.com TJA Monetary Encumbrance Report OR NW Page 4 File No. 01049-13035 DEFINITIONS,CONDITIONS AND STIPULATIONS 1. Definitions. The following terms have the stated meaning when used in this report a. "Customer": The person or persons named or shown as the addressee of this report. b. "Effective Date":The effective date stated in this report. c. "Land": The land specifically described in this report and improvements affixed thereto which by law constitute real property. d. "Public Records":Those records which by the laws of the state of Oregon impart constructive notice of matters relating to the Land. 2. Liability of the Company. a. This is not a commitment to issue title insurance and does not constitute a policy of title insurance. b. The liability of the Company for errors or omissions in this public record report is limited to the amount of the charge paid by the Customer, provided, however, that the Company has no liability in the event of no actual loss to the Customer. c. No costs (including without limitation attorney fees and other expenses) of defense, or prosecution of any action, is afforded to the Customer. d. In any event,the Company assumes no liability for loss or damage by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof,which are not shown by the Public Records. 4. Discrepancies,encroachments,shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. 5. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii)water rights or claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads,avenues, alleys, lanes,ways or waterways. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations)restricting, regulating, prohibiting or relating to (i)the occupancy, use or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. 8. Any governmental police power not excluded by 2(d)(7)above,except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. 9. Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the Customer. 3. Report Entire Contract. Any right or action or right of action that the Customer may have or may bring against the Company arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of the Company. By accepting this form report, the Customer acknowledges and agrees that the Customer has elected to utilize this form of public record report and accepts the limitation of liability of the Company as set forth herein. 4. Charge. The charge for this report does not include supplemental reports, updates or other additional services of the Company. Monetary Encumbrance Report OR NW Page 5 File No, 01049-13035 - rt uu ';k{ 4., 'sdt '' `^'Y :',. b,•'z r, ,sir At4141 3�.� „ � &, v,::ix.. ,2�; c.,.,`� rx,'.,•v,,�v 1 V. � t n' €;c.,ts .°r.>..." ..,.t »a - At„ ,.,,�i�Ff F�t .l;.z. .'Y� � . ',�» ,. �,. �' ,.,v .n 4141 „ng',' x f, x- v.z...ux. ,fit r'.l'ri ,�! N {wt s � ,',t ,, r, ,a.. .r , �:, s rf.;, :' t'u rs;n t �o.�., $'S kt,. 0 , o. t.•t . , c ,. , ,,. & tr•.. ,,, 4141 k x 7, Y s,r,,,:' ," t •,r.,,o ,., t�'. q4 f„ t, <r r :>"u' .k 4,. r t; r ,... q, Ms �.G ,y<Yv. ,ih, 1 4 ;; ; ', „ :, � kda J ene •. .' tr•:r`, „i�, 'T,qua. �4y r, �` k�f��y�'� ,,s»r,,,r, 4141• { ',42 ',2,:.. � �ti. 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R N Et Q � A 4 LOT PLANNED DEVELOPMENT/ SUBDIVISION OWN TAX LOT 500 MAP 2S1 0300 rt ric5, }y' r kk, : � �� Ftsa, q � SrYs ��kk iI I 7 �':°" ',?�i`",iu'�. ;s:'a"�' c ' , "�' ''kf ,? ` s'i3 ° 'b`"" ` ' 'i6` fl�Nk t*.aDx�.,' ,`�.:<.,,kkr` Xraai°�n'''''sa`"l��.°»,, "'�ma ;3""a Url oz I I \ I a a I VICINITY MAP c,9 U I I \ N.T.S. 1 1.i.w, cF"nz I I \ wu I " WHISTLERS WA K t ►. CL ri- 32 ° I 33 34 I 35 \ z,,i, I cli), SDMH 1 A I \ •N - r ---i x 2 I I I 3 3 C& 4111,.., a.. u O \ X ,� LL < --- - S:zs-' �x ti 2"E 22 .09' \ I X GRAPHIC SCALE �" 51' 4141.• I .4141. -- �, � ___4141 � .v I I 20 0 10 20 40 \ !\_./41/ w EXISTING �. i '+ � �' �' f I �) I-" 1 PROP. 8" STORM 1I :: '..-..7.,'", .�1� r `'� r �� +' I r A ; 4;�crl D 4141 4141 �■ �■■ T ER S �,, Q i i 0 _ ............. f w _ \ I I > X (IN FEET) S(�M SO LU CtiI rttrrrrrrr� \ _ ____ �"� 1 inch = 20 ft. 'VI Ef\ ✓ �w/. r.*+ ■arrrr■rrr ' --- ) r.i■rrrrrr 1111.11....114 _�� 1`� (11 �y� T--G X I rrrrrrrrri • G 1 ) X01.{.. ■urrrr■rrt ■rr■rur.. -� riu�rr�rr, rrrrrrrrra X /` rrrruur: ■r rurrrrrn 4• \ rrrrr■■rr1``'� rrrrcurri ::rrrrrr■. I rrrorrrr� 1 I •�urrtyrrr� /' ---__35 ■rrrrrr■r. r ♦ 4. Q -1 \ 8 1.-- ,732 SF H r■rrrrrr1-. 5i I & ,n/ 9 rr� S `/ \ V V I \ (5 • I ',503 SF �-- - , 13,642 SF I I 9,301 SF � / ��� � I y,���O, 1.a(4r I I I11111111111111111•11•11os \ X I 'G�Q4 '.d �, ��� �•jow �� \ �l+p a 1110 = SOLAR ACCESS AVAILABLE 2 �' `���` .� � �' �2 I ;� ��_, . i. � , �' : / [: i APPLICANT t o SAN AT (TYP)oq, -- \ LI u in ci i oi i / 11 I o 2 0 Lo z z p„. g lis .. „.>_. "E q ...... I • p .i.' a_ —= att c, ..E. CL I , ft: IT•I• SI " WHISTLERS WA K " 36 - I - 4, .... 32 33 34 35 4 LEGEND A F- -BOUNDARY SUBJECT PARCEL z _I . 1 _ 87' 1 _ — _ 140' _ _ 4 .a .q . 4. 1 i 1 I/ , RIGHT OF WAY LINE -RIGHT OF WAY CENTERLINE -CURB LINE PROPERTY LINE EASEMENT LINE W - Cl. 0 I . W Z W 0 I 1 4.,4 ,/ . • • .. 4' • • CONCRETE , . ' • > >_,,,e, 1 1 10 5 1 8,814 SF . . . . . . . .. • , . . , : -ASPHALT PAVEMENT W CC F.- 0 co 1 7,683 SF I..-. • - . • I ...II ‹C .r... .... 65 ' 1 ..., . . I . ::.:. zi-6 " STEPPING STONE ESTATES " I 1 I 1310 ' 4 4. . 4 : . 1 < PCr I CO 0 77 ' W • 1 I 4.4. 1.. • • > :I I I I ::: Z 1 • • q-.) / 4 ' 1 I I > 1 •4. I . 1 .41 1 .: • 0 .o .."41.. ".. • < • I - <E . • . • 1 .... . - , ... : cx .. . v) 4-, , .°. • I ail PRIVATE STREET , , Li .. ' 3 2 4 o • N.......1("U.% 0- 4 : 1 .C•"....1 (SW PLANTATION TERRACE) i 1--- .:.: - I 1 1"--1(\-1 N"- 1 ...:... 4 . r•-, 7,247 SF 7 247 SF ' z - co , opi '--„ CI q. 6,804 SF I 1 •4 I I • -<, \\E— -1. 4 • 4. I I I 1 1 • . - .., A 4 Ait . I a .. .. ... . . 1 77 ' 10' 110' 1 65' CP 65' _ I m o 1 - cv . col ........-......1111111 Lc) (1.1 •' . .. . co \ 4 4 C\I 01•MM101=1 .00.•••••• 4 v . Z /'.. v • 0 .4444.44 4444444. 01 (7) c : I 1 ._ c 0 5 • d.. 1 w o ct 4• I --a. SW PLANTATIO -—',J.... A TRACT A •°.' .--- -......._ • ... 4 0 . I . ..2 I -13 ...''. CO a 4.. 0 4. •. 0 .. I . I.1.J in / / . . . co < N / • •. . - .. 0 ..,'" . . . •ci- / • 0 C5 . . . 4 i CV 9 8 / / -44 1 1 (r) .. — _ ....... . . 0 / / :4 " .. I " EAGLE PoINTE / / A A A C 0 0 0 0 I Li / / ./.. di / / I / GRAPHIC SCALE 7 gggi I I---) (7:1 ilTD Li... 1.. a 20 0 10 20 40 ro / / >- toz°1 m co ME ME ME MEM Z vfi (VI / / I I (....1 1 (IN FEET) CD 1 inch= zo ft. (7) ,;C, > 3 ,...,‹ 5 w ,..,... w C4 s•-, C) 0 Cr Cl- (./) C\I d N) I— CN o v)...., 4-, o PROJECT SW 121ST (5 *-;,- NO. 285-008 = o TYPE PLANNING c.) V u It) J Z In QN a S NO." J SW KELLY LANE I o Q 0 0 0 0 0 0 0 Q Q 0 40 /0 I 5 tit �.ga — A 0 M Q I N oft G , t11 8 a' 0 Q i hi01 frit un 1Q - Q o z IQ LEGEND 0 Q.. ° I V Z Lu Q a -REMAINING DECIDUOUS TREE 0 I cn Q Q I �� W H ISTL ERSW K �� REMAININGEVERGREEN TREE Q \ 36 I , CURB LINE �- 32 r 33 7 34 \ 35 -PROPERTY LINE Q — -EASEMENT LINE Z PUBLIC PEDESTRIAN ACCESS, -BOUNDARY SUBJECT PARCEL LU Z 0 �. PUBLIC STORM s - RIGHT OF WAY LINE ``'`• � ?" LLI Li SEWER AND PUBLIC SANITARY 0 0 51' i' N 11" a -RIGHT OF WAY CENTERLINE 0.1i11 ,. SEWER EASEMENT `� 74 50' I -DRIP LINE Ril �► 0 4 O• : DI Cl — -- — -- -- — — F. o I :°• : -CONCRETE Z > N A • I— / — / n - - 4- - 1 0 > a 1 I 9,503 SF 8,932 SF I I 13,642 SF 9,3015E ///////l////i 4111 I I II Q .'s / / -EXISTING BUILDING --- I I I 4 I inti � ZZWCI 0014 110 I z� " STEPPING STONE ESTATES " a r==-- c I -EXISTING ASPHALT PAVEMENT Lra.6-4.6I r / I I I I 1 I ....I 4 0 I 0 ,4 r 1, i,� i -EXISTING BRICK SURFACE : 00 TAX LOT 15400 EXISTING // / I w . / -OPEN SPACE 0 /3 I r / Qo I I I w 0 0 0 Q -NON-AUTO CIRCULATION IRCULATION4, / TAX LOT 15300 / 4 I " too 11111.11111111111111111111 4 4. NilliN1 ���r I I ° TRACT A 0 I PARKING/TURN-AROUND TYP / I �" PRIVATE STREET L6 . - — L_ — ( I t--i/ (SW PLANTATION TERRACE) - I r • I CI 'CICOMMMON OS&` B. SDWK: ES ° y' j s: c5 MT. . . *: : — II 0 z I in PiP_ Q T� A(� I T U S ACCESS CD Mir ,: : .ll 11;h, TRIM ET LIES: col rAW�/ may....... ....••41141M ::. ; :, :,. :, Q. 4 CO L. co Sill' ��- ..•••••• •'••• ;f ._ •.,:�. ,: •: o I 45 SW WALNUT/ 121ST AVE. cp 2 �� � �cv �..,, Q 62 — SW SCHQLLS FE ' Y RD . •� � ' ! ,y����b,' %� �� � 0' ������,��i ■ EXISTING 25'•A ESS.ESMT vZ. '���.� •-•.G• lio, �•�!i�������/' 1 2 — gpc TAX LOT 15100 . � 17- ••••; `=` „> n .o••• TAX LOT 15200 E''. il � �-,�. �►'+,.+� ~ = .• _i, ir rt0 --0_ 3 VACANT •�•'••�`. �� :� ttittiflor.. / it'� ,p / ►•�•b+i�i� ;lop fie)op 64:44. i 0 0 r A.......--- co INGRESS/EGRESS•EASEMENT PER. . R !Apr ••tom ' "• ---- . 68' **I i� ° S , QRS DOCUMENT-NO. 8-131159 TRACT A __ ,�,:, —____ .- , C j NOTE:TRACT A IS A PRIVATE STREETin "" k '`1--- ..'. 1,714 SF -_.__ �•••........,�/ r ° �__________ 4 .4- I TRACT COMBINED WITH TRACT A OF ��_�-- ° -TERRACE --- --` .� Q W o STEPPING STONE ° 1 0 I EMERGENCY VEHICLE ACCESS EASEMENT TRACT AI PER DOCUMENT N0. 98-068497 �"`-_`-'" _► `. . TONE •° �� I z /0 iCi .. L!m / / " ° h h N. 9 / / Q Q Q w 0 0 0 if / / ° . I , gggi 2 EAGLE P +�i I N T E i / 0 0 GRAPHIC SCALE m m o11 20 0 10 20 40 Ca Q z / / ICD ei w eN a U t inch = zo ft. o IN FEET) o o Ct a ) I Q / K. lii 46 15'PUBLIC SANITARY SEWER Q �' = C'7 o N / / "EAGLE POINTE" I 0 cn / / 0 a PROJECT SW 121ST o NO. 285-008 CA c' TYPE PLAING LJ (.7 to Cm / lon z co c ••:-..• CO Laz = ogm 5 ihr g..... i I I 01=1 to' ..cr„.,-- I- ?.... = = to I Z I I c)- - o I ottg cg 7..z 0 f"" 0 0- lin to; U.I Z III 0 fti Ci 1 4111111 L4.1 I Ct- (9 SANITARY SEWER un STORM SEWER MANHOLE I 1 LEGEND (EXISTING) MANHOLE I-- - 0 RIM = 347.32' El - CATCH BASIN/DRAIN INLET BOUNDARY SUBJECT PARCEL RIM =351.44' X IE IN S = 339.08' " WHISTLERS WA K " 36 _ t 1 I ionrrialA © - STORM MANHOLE -RIGHT OF WAY LINE IE INS =345.09' 2 I iu-1/ IE OUT N = 338.94' 0 - TEL-MANHOLE - -RIGHT OF WAY CENTERLINE IE OUT N =344.99' w 0 „ o x (>.1 x . 4 ti V D -FENCE 32 1.--r=1 v)v) 33 34 5' WOODEN 35 0 - SANITARY SEWER MANHOLE -WALL ---\- X FENCE \ 4 11 .1 XL(' - A 1 ,ik,..11.% 4 41 a - MAILBOX XSS -SANITARY SEWER LINE 5886 N IXCOM h . ... II PUBLIC PEDESTRIAN ACCESS, Lu>1.-1 \ .2 I >< >< X I *: •• LIGHT POLE X SD STORM DRAIN LINE CO PUBLIC STORM W 5883 . . . a. n , S 4.".. t 2E 22 .09' 1 6066 6065 606 A N 111 N. ° I, I C] - WATER METER X W WATER LINE Z SEWER AND PUBLIC SANITARY I al\ to --- ,,., 0-- El p 0 -; 4 ' r= XCOM -UNDERGROUND COMMUNICATION LINE 0 r 1. c/ - COMMINICATION PEDESTAL p SEWER EASEMENT 0 ARBORVITAE HEDGE 6 EXISTING /P X 5885 PUMP HOUSE •e, 1- \\•,...1-11 ., 61 4\44 117,1(11,1112111 (1-144 \\ A/: 1 ix ) 1/,,, ,,,, / XG -GAS LINE 1 tit Ktivitap % - ELECTRICAL PEDESTAL STORM WATER 0 / 5' WO9DEN c) 1 xE XE ELECTRICAL LINE MANAGEMEN 0 4 11 M FENCE ----4---- 597: `41■4- - -_ .063 \ II / '. x X W )s- kW i. A F4 W 61;:fo- FIRE HYDRANT - - -351- - - -1'CONTOUR ai - Ea>wlozoi. x , , 1 '° I. - 4' < U.),.. LL LAUREt- H. QE IX -WATER VALVE - -350 5'CONTOUR 0 17-, 2-FILTER 1 A I ..--''''. 4 I; ,.i CATCH BASIN ' 4.4 44 \.t.s... ..../ ''''''' ---., -CURB LINE ..r.r (11) - WELL 0 RIM =353.30' I , 4 4 35 i'...s„.. ..,.___ ..-- ,., ca 4 1 ,..../ x X , ...... Fi ci. PROPERTY LINE 4 1 a ••., --__ --__ il I ii 6 3,y0 „______m_)-UTILITY POLE Wi GUY ANCHOR I • IE OUT= 351.60' I r: v) III . ' 4 4 41 C 4 s..s... \,, I 0 . ".EASEMENT LINE STORM SEWER 0 4 -4`(' . , 5979 - , ---, c , , i', \ \ 0 cc . ' ,- , a. 4, d, 0 11111 -.....„ \ 4 1 0 El '. DRAIN < MANHOLE < a .., . c., 0 $. 414,* ..7 4 4 t i i i 0 z co 0 , - RIM =353.84' 1 I-- A ' Z a (I 41.. 4‘, 4 ° .417 •,, /11/7 s"..V_ 1 6'.) ) 1274.H.14.17 ........, I I I f t cn 5980 0 \ 1 1 III x . a -DECIDUOUS TREE AS NOTED 4 . 4 . „ -EXISTING CONCRETE I= i--- STONE ESTATES " IE IN S =347.98' I < . , tr) • 4 ,, _. - 0 0 4 k •4 ...---". .r a j 1 \ 11111 , 11111C k .4 N I 1 1 1 , I IN . Cr) r i 1 i 1 1 t I I x X MIIIIIIIIMMIN IE OUT N =345.68' - Bo • - 4 , 1 X 1 -EVERGREEN TREE AS NOTED ' I X 4 4 4 4 0 4 4,4 4 A 4 4 ‘5\ 1 1 '11 XG k 1 1 -EXISTING ASPHALT PAVEMENT \ / i 4 / / / 7 4 STORM SEWER .i, / I 4 4 4 q 4 a '''''''''''..." ''--",4 a _r-.2 / 7 \ 1 I I - / C= 9 -HEDGE i x >< 4 I EXISTING 1 4 I -11111moimmuir_. 410 ) \ ' 4 4 4 al 4 / I /7 MANHOLE r- MI 1 7 / , AiExTiosTB,NEGREc.ARovp0EDRT ,././, . HOUSE ' 600) ( 2 \ W 11 >< § /, -EXISTING BUILDING RIM =354.50' 4 4 IE IN S =348.80' 0 LLJ A 4 fL. >o< 4 4 it' 1111111 / Cs 41.4 ,, - eir / ///i///////////// , , / > ia i-711,1 X W x .' ! milt limit - 1 I EXISTING BRICK SURFACE I 1_1 1 I I i -*'.4 - --1 1 1 - --- ---x .1.., 0 ---__ • 0 Ti \ 4 . . 2, i , ,', i I II 4 6008 1 / If 'i ell < S6St.51 / 141:g :44 OP STORM SEWER '" I l„.1.I 1 111 1.,"1J11-12,-L U") IN ________.7 33.5. V411) .4/0." MrHOLE \ 4' VINYL I/ 4;TE ARki . ., a 4 / / / E r_i x- , 21 \ 44 1 XE -------- \ t - -EXISTING ROCK SURFACE x TRACT A , ...- RI =355.72' FENCE I 4 41 43 4 6 SF WO AC) 4 4 4 44 4 4 / / rr/ Cr) in" 1 1\ • / / / / r-1 V) 1 PRIVATE STREET ,I‘ X S D 13/ L4 ' IE IN N348.92' N _„ \ / EXISTING FLOW DIRECTION IE OUT =348.82' / / N 1! (SW PLANTATION TERRACE) 4 4 I \ 40 STORM EWER C4TCH9SIN NJ 1-1 ).--• i (,)? \ lip v4) CUFrvIlyNLET / z v A1.1 I! V 1 XSS 0 \721 \ - 0 4-,- i ill ,57667 c ----- RI =339.40IAT CURe FACE I 0 v) /1 \ s \ „...,, ........- 04 OUT= 336.51' / I XE ) /I / ..,•;5 / I • I I / x STORM SEWER SANITARY SEWER 6) 1 ) , b(b / I 4., I >' MANHOLE \ 5765 v-5*• ;5 to MANHOLE NUMBER SPECIES DBHI KEY .V/ RIM =339.92' 5711 DE 32" DE DECIDUOUS \ \ \ ./ \ I _I ///ADQ)' Sji6R/M SEVyE( /..' '4 %IC. It 1 RIM = 355.97 57)1 MANN° cK IE IN E =332.22' 5721 AP 12" Fl FIR / i 41--) 0' j EXISTING SIDWK. '5 t tr N....v.547 x 1 / 5761 DE 18 CE CEDAR -0 IE IN W = 350.97' \ / / RIM 944.89' IE IN W =332.42' u <k-o BE REAIIIGNED 5762 DE 12" AP APPLE >- \ ' n\ ) / \ / / IE II/W =338/9/1 / 773 , IE OU S =332.10' m o IE OUT N = 349.07' 0, / co/ 5763 Fl 38" HK HEMLOCK x --i 7 7 , ill! '''- - 1:JJ1 Iiii i a) \ I I IN S =338:92' / AD 5764 CE 26" DG DOGWOOD . r d- / / cD \ ft ---1 /4 I _ - _ 1 A RpORVIT/?‘E HEDGEJ - :v _,.. ._ E OU_T72q =338.82'7 / 5765 Fl 44" / i co „...., 7-4.' 4 ; ---- 7-- 03 .t3 I / 5766 Fl 47" LO 14 4 4 ,.../ 5764 ti, iiii ."--,..„...... 40010 STORM SEWER CATCH BASIN 5767 DE 12" 00 1 \ j\ . ' 4 ,•'''' INIONMENIMMUMNIMINNI\ A) t 3. i 17 _Lilt lrON I CURB INLET 5773 AP 6"" z 4 - j'a WM Orr c ..„,,,,,..... • . i ,o, _......._ ..,....._!. ..... - ; GRESS GRESS E SEMEN PER i ' 516 '<\*411 ' xw • III 4' IE OUT = 332.50' 1_,, \ tifiN I to DOCU ENT Na98-131159 1 ____ ---- -- 4tti.,Aiiiit ,,' `ih."•111v'II • .;..., / / / N488°4002"W/227.01/ -----------------1-114/ 1111111111AMILIMP--- 111"41 - --r--- -- 1'*ra111111 XV- ----LIN*w Irelitat, I I 5978 HK 40" / -------N. amillimillift 4 5979 HK 30" 01 ---:, --- / .......... . Aral,40 ii Ili P....dillia. el --------------------rr_P ..."--.. ._. 5980 DE 19" Yam ‘-jJ9 EXISTING WALL / SW/PLANTATION TEIThCiAtED 0 / / / / , "-- >(/)<-- : 6007 DG 10" co (3 i (0 '11, I X 6008 CE 17" cD EMK1FGENCY VEHICLE ACCESS EASEMENT ------_____L PACT Aptx 4 / / 4). , 1 x i 6063 DE 12" w 6064 DE 12" 1--- in PER DOCUrkNT NO. 9B<.668497- XE .., SANITARY SEWER co X E )7-------- .• * k sT011 / TO wA ----=------:-___\_______AU X n /---- 6065 DE 12" < CN '' •dri .„,... p x 1 - / a up MANHOLE 6066 DE 12" ra a .1"; ill ---0.- .111Yrrl - 338›.,, ('-)-' 1.111 i dt- . / RIM = 337.93' • a ' , Si ci c\I ELECTRICAL / WI 5' WOODEN-- / / / ASTORM SEWER / / I. III XG -I I // IE OUT S= 320.63' t VAULT FENCE / / CATCH BASIN STORM WATER i El1,1 01 x 1 RIM =344.35' •_, 0 / / MANAGEMENT p if ":75(E--- - ,, gip / / IE OUT = 342.45' 0_ 9 8 / / SINGLE FILTER i tc;/ 1 I X N N N CATCH BASIN / ft o o o / 4;- / C.) X IL hECTRICAL UJ LU LI kiNi RIM =340.73' I >c 0 ...- II E " x >- I I VAULT a < a LA da EAGLE PoINT / / IE OUT = 339.36' N 0 0 0 cr _ - .: , / ELECTRICAL cc 0 2 < 0 u pr. -11-• / VAULT z ot.- x kt g I ><v) I CD 1-0 CO i-v21 >i< 51 N / 1 / Li.i 0 I 1.1.1 / o x LA x w cc Es / \_._ 15'PUBLIC SANITARY SEWER 0 ct a ct 0._ (ft c\J / / EASEMENT PER I X ) I GRAPHIC SCALE d Iro / / "EAGLE POINTE" x 20 0 10 20 40 / / (a 12)1 Le5w III h• I iiiii NE imam 1-- mg im ami mem --) Li / / ---------1 X r n b (IN FEET) i v) i inch= zo ft. -18 PROJECT SW 121ST 47, NO. 285-003 n 8 TYPE FLAMING 1.1u u, / I LEGEND (EXISTING) E Qt 41 E8 ❑ - CATCH BASIN/DRAIN INLET -BOUNDARY SUBJECT PARCEL cb - STORM MANHOLE -RIGHT OF WAY LINE / I un u It G: o p OTi to- TEL-MANHOLE — -RIGHT OF WAY CENTERLINE .. ? c , QS - SANITARY SEWER MANHOLE ❑ -FENCE a I -WALL "� u4 o - MAILBOX , ' XSS -SANITARY SEWER LINE � °' G Q I XX - LIGHT POLE XSD -STORM DRAIN LINE 2 - WATER METER XW -WATER LINE CP - COMMINICATION PEDESTAL X C M -UNDERGROUND COMMUNICATION LINE XG -GAS LINE I - ELECTRICAL PEDESTAL XE XE -ELECTRICAL LINE /' - FIRE HYDRANT — ____X - 51— — — -1'CONTOUR MI ci z w CI. Q I I pQ -WATER VALVE —350 -5' ill Z W I I ® - WELL DRIP LINE ��?�=UTILITY POLE W/GUY ANCHOR CURB LINE ❑ DRAIN W 0 " WHISTLERS WA K " 1 — --EASEMENT LINE 36 a, d -DECIDUOUS TREE AS NOTED G' ° . 4 ° :` :° ° -,EXISTING CONCRETE 32 33 34 35 -EVERGREEN TREE AS NOTED A CL ° 1 I I � -EXISTING ASPHALT PAVEMENT V F—xx.__„„...„x____..........._..x .----k4k .-...._- _xx_ ...,. . _ _ \ I Li `�' -.� _.. xx � i ,''�%r �` ,� I I I j j/ -EXISTING BUILDING `��"r W 0 ,..e,,,,, :,4 i,, !‘.,..,,,,40 k :4.„.,,.-i i I, - .4.i,,,,I i k I mite rl Iiiiiii I I' 111 'I 'I I 1 1( -EXISTING BRICK SURFACE ,� 1'�' 1— - - - -1— -_._ -- i \ it a: I 5 1 j 0 1111111111111111111111111111 i I I 4 --1 \ 4 \ ii , a 1 ,,--- \5S---6-S-o. 410 1 I \ — ----- I f0 IQzic-7,- . -EXISTING ROCK SURFACE rz 31 I I '111 I : I CC CO C� II 1 �, 5 y a ��� 2 I I ' ' ' \ ` �`i �O II ) EXISTINGFLOWDIREcTION < u 1L�1 �� ' I I 1 I', 'I I Il - :. ° � LEGEND (PROPOSED)Ir I � � � I J o N I I \ II _ . / / 1 \ I I I I - WATER VALVE `� I I/ 11 7, ///�� EXISTING r C� I I C. I\ I �,/ HOUSE �� �+�1 I I I4 \L7 a ® - WATER METER I, I \ ___ — _ :1�� _� w� //////.,`�ll / / ° ° : STORM MANHOLE 1 ' �+"i \� \ — J ////////////////</?/(/j/�/ �%/ f �y f - FIRE HYDRANT °. � . i 1 I I 1 I I I II I I / l 1 err"I I 35 I \ ' „ „ , „111 ' 1' [ / 'Y III , I , , I / �/ 1 [ - LIGHT POLE \ 355I / I A \�L_J 1 _�, a. / -I Al Q I\ 35fx--N I 1 II AD / / / //: I / !Ali: \40 0 - MAILBOX \ I I / / / I ° I a - CATCH BASIN 4 • L ___\____ _____ t�r� sem, J I / I CV Mil -AREA DRAIN I! \.1,0 M \ .`'� ' R , r l I / / I ��2 f / 4 PROPOSED W.M. LOCATION A - TREE TO BE REMOVED ° S ' _ GAG�r , / / d \ (3 METERS) \ S PROPOSED 34 — — — M II' /� t I ^) • - STORM DRAINAGE LINE r rn I Al / .V .�D� IIS I - SANITARY SEWER LINE I I - WATER LINE \ ;1.:\\ : . ' iiii �Z' 5' i�” 1 ° e / / i _/1 --''3 -„ 51k. M, / `341 . / -WATER LATERAL LINE >- f--- 4�'+rpAilir r 17/„.3,0,7:7/ °in -BOUNDARY SUBJECT PARCEL t}Loc° �' __ — —��� -'�' J / �"�� I rI?' -RIGHT OF WAY LINE # , g�.' • . r-- — _ —' — — — - RIGHT OF WAY CENTERLINE z �' '. r►~ . _,., �� �,. �'I •i I3g I �,/' I ❑ -FENCE a Q ei _-.1. LL W occ0..............0 / \ - = --- ! • �.!, .. I 349 - 1' CONTOUR LINE x n \ 1 ■fir i `� 1 FRAC "A ` 350 - s'CONTOUR LINE (71 PL TAT-1{ '/ 0.37 ,! --- ' `�� ���Ii1/!/' r �- EXISTING WALL >a xx x - EC FENCE 2 / / / i 77:0-000 3391I / / - VISION CLEARANCE TRIANGLE W N / TACTA� v I /� 0° .._____ _ ._ __Li 4491 ''''' .----.....,3 _____ ----- ( z „,4,„A Ay? '09 / / I y I (1) ,,e”, I I 10 / / / ° 33� / � �oo 0 ja 9 8 / / I I W W W CO / / ° I Q Q Q W 0 0 0 CK " EAGLE P t I NTE " / / I I — N — I 2 tiLI / / r )-- CO o N / / CL1 Z / / CUT / FILL TOTALS z W Woh j ' o / / I LiN `� > O Q / PROPOSED CUT CY o / / I GRAPHIC SCALE / I I PROPOSED FILL = * CY 20 0 10 20 40 CUT / FILL TOTAL = * CY FILL — ® memm r W LO o N DISTURBANCE AREA = * AC (IN FEET) i inch= zo ft. u; PROJECT SW 121ST L. NO. 285-008 TYPE PLANNING i Jzl Lo I .1 F 4 z I a= a © � - o ,02-'' lc ci'm 1 � w SANITARY SEWER I L� � STORM SEWER Z MANHOLE u . MANHOLE 4' RIM = 347.32 1-"" r , CPI c ao RIM =351.44' CJ wU IE INS = 339.08 " WHISTLERS WA K " IE IN S =345.09' 2 (4 IE OUT N = 338.94' 36 ...._,,,,i..4� 0 3; ���, IE OUT N =344.99' O x x 11111L Or o F1; 32 �, 33 34 35 3 wog a tri y, '+r N SDMH 1A Xco '`'``'`- Cr) xx \ I x ` _ -.- w 350 '�— .— It I xx xx 4c__—_ --,_ ,**II---, xx , iil wail, PROP. 8" STORM .51,-,- PI I I STORM WATER (/j N -- _____ a J aa� un MANAGEME - Or .._.._. ---- _` \ \ I ( — x ( f D14, 2-FILTER 0 X !1 mil 'f \ ►' \ ) x CATCH BASIN ° ''' \ 4 x f �, i 35f-- _____ , `�\ ' \ � ,,IEOUT = 351.60' I \ Pi ■i x y'p - STORM SEWER / === \ - Xi,00 MANHOLE I � ,/ "I �:.�5. \ s 1 III "I RIM =353.84' .I 3`�2 � � -,T E S IE INS =347.98' I N'?�< SAN LAT (TYP) ki \ -=== \ �. w� _IE OUT N =345.68 00 J / �--� — ` ••••■•/ X x 3 X STORM SEWER \ I ,\ I G MANHOLE r� H .. 1 \ , I , / EXISTING /A .� W RIM =354.50' 0 X �' / \ HOUSE I 3x I E IN S =348.80' �` `�' -� �' i / I `�R� x x �. '� IE OUT N =348.00' I � � , Fi> ad �.�"' \ 1111111111111111111111111111111111111111111111111111.11 X5t '`"�•3 z. STORM SEUiPC�R 355--- AD/ 152 ��':.�� / - 'CC xx x .__ CSS �/ TORM LE I h / • \ '�r A — .. il , r = . 456 / / / �` \ CO 340 !— CO STREET IE IN =34$.92 \ ( / / I 0+ 00 1 + 00 H Cr JN TERRACE S D \ O IE OUT -348 $2' ,mss / / .; V \ STOR EWER CXTCH �A N ,3 ! I XSS 0 I `� TRMEVVER ..� � - - \ ,� ' PL , /' C U R B I N LET / / 3 PROPOSED W.M. LOGAl1ON �S \ T.-GARAG A 1 , . RI► , =339.40' AT CU'B F E X 3 (3 METERS) SCALE: H: 1"=20',V: 1"=2' x S ' PROPOSED 1 i 1: " p;.51' r.r....r.a x A vk E P\ AO . .rrn "' / .:rrr■1■,� le 1 STORM SEWER SANITARY SEWER `rn ��/ _5N;M..M.." /f 3 // I 1! �'�, MANHOLE MANHOLE VW- i V Yu- i n 1 \ 1 S • �a�■�-� /, \ RIM =339.92 RIM = 355.97' / fANHOLEi 135• i 34; ,�'' pi �3 x .. I J IE INE =332.22' IE IN W - 350.97 1� / RIM = •..i9 `�j V IE IN W =332.42 1 .. Rtj 1 • �If 1 IEOUTN = 349.07 ` I - 1 �` 338532 e/� �� ,�a, ti ; IE OUT S =332.10il _ 1. / INS :.92' ir ' 4.1 � 0, X..... ..346 ......7 r IEO� = 82' �/ � 3 1 \ 44" I �'►11111111, -,,!'� ��� a� \ x, STORM SEWER CATCH BASIN � �l'_ O fl CURB INLET ' � ` '.NM/UM.-".'- - .•:,.�...-.t RIM =339.30' AT CURB FACE �� RAC "—A—"'---"'—'------- __." '— ''�1"``a • - / (�. ;�w �1�'�� . ""_.► illl — . 0' 350 IE OUT 332 5 I S PLA ATIQ !!� ' �^/ -•-�' �* w —[t1,� .a/�_ '1� IIS -------_ t aiii--,._ / TE ACES •+ ,,,, .. ... ...„_____„ m_._._.1..., \ f '". 'ROP• 8" �VJ D / �. 339 - 111 EXISTING WAIL SqN/TgRY �c�J', / / / >< X x x I X E X E - -----_. J TRACT A� liti I I '�: `-.,. _ _� !� hrli &/1-cn SANITARY SEWER � 3 / ` .r 3 MANHOLE �- m ���� �" RIM = 337.93' SS A2 - - C .. 38 ELECTRICALTORM SEWER ii q x IE OUT S - 320.63' col VAULT SSMH Al'/ / CATCH BASIN / XG i� 111 Lo co _ STORM WATER j ,RIM =344.35 MANAGEMENT / PM r1♦ i► 1<<;� 111 ' T z 9 g / IE OUT = 342.45' SINGLE FILTER �1 in/ o / A./ / CATCH BASIN X r RIM =340.73' l� LECTRICALcr " EAGLE P t I N T E '� IE OUT= 339.36' > D� Ilia VAULT / c7 / ELECTRICAL © X� X�� co owac;` VAULT o / / I c cn I Bo' Q Lo co X / / 7 I w w o o I / / O N Q 340 z U LEGEND (EXISTING) LEGEND (PROPOSED) a -BOUNDARY SUBJECT PARCEL 0 - CATCH BASIN/DRAIN INLET a - MAILBOX v - STORM DRAINAGE LINE ® - WATER VALVE -RIGHT OF WAY LINE © - STORM MANHOLE :0: - LIGHT POLE o o -RIGHT OF WAY CENTERLINE OT - TEL-MANHOLE < ,, m SANITARY SEWER LINE - WATER METER - WATER METER Q Q Q w - ggi - WATER LINE - STORM MANHOLE ❑ -WALL-FENCE QS - SANITARY SEWER MANHOLE CP _ COMMINiCAT10N PEDESTAL o 0 0 a _ XSS -SANITARY SEWER LINE "' - ELECTRICAL PEDESTAL 2 349 1 CONTOUR LINE O - SANITARY MANHOLE I-- &i ro 350 - 5'CONTOUR LINE - FIRE HYDRANT XSD -STORM DRAIN LINE ` -EXISTING CONCRETE P > - FIRE HYDRANT m m m Z I ill yYa X W -WATER LINE w W J d LIGHT PALE XCOM -EXISTING ASPHALT PAVEMENT - WELL R VALVE ¢ o Q xx xx - EC FENCE ?' - -UNDERGROUND COMMUNICATION LINE ; z �rrorr.r■ - MAILBOX XG -GAS LINE ® + 00 o Q 4 I -10'x 12' LIDA FACILITY X E -ELECTRICAL LINE r�,-UTILITY POLE W/GUY ANCHOR :......... APPROXIMATE LOCATION ;i; - CATCH BASIN %///////////// GRAPHIC SCALE - — -351— — -1'CONTOUR ❑ - DRAIN SANITARY SEWER LIN 20 0 10 20 40 "' Li' -AREA DRAIN -5'CONTOUR /, -EXISTING BUILDING :: inii', —350 iiiiiiiil 1111111 'v -CURB LINE SCALE:H: 1"=20',V: 1"=2' E w ( 1O h +' 111111 111111 111111 111.111111111111111 PROPERTY LINE ,',',' ,',' ,t _ 1 1 1 1 -EXISTING BRICK SURFACE 4.° (IN FEET) �I �L�1lilji t C- i inch= zo ft. — — -EASEMENT LINE :;-_,- TYPE ` -EXISTING ROCK SURFACE NO. 285-t8 PROJECT SW 121ST v Q`T_17,-; TYPE PLANNING TREE PROTECTION NOTES: II I I 1. EXISTING TREES TO BE PRESERVED ARE TO BE PROTECTED BY A TEMPORARY 5' HIGH CONSTRUCTION IEXISTING TREE TO BE EXISTING TREE TO REMAIN I i I FENCE PLACED AT THE DRIPLINE AT THE TREE PRIOR TO ANY GROUND DISTURBANCE. REMOVED (TYP.) AND BE PROTECTED (TYP.) 2. THERE IS TO BE NO EQUIPMENT OR MATERIAL STORAGE, NOR DISTURBANCE OF ANY KIND WITHIN THEWU" \ I I TEMP. EROSION CONTROL — r TREE----'--- . PROPERTY LINE I I FENCED AREA. I / CONSTRUCTION FENCE DRIP-LINE \ LAUREL HEDGE I : x XG �XG _ I X 3. THE GRADE SHALL NOT BE CHANGED WITHIN THETREEAssociates x ii__ V TEMP. TREE \ — — -�- `.I °.. ( 1 �—x-XC�-- PROTECTION ZONE WITHOUT THE PROJECT OARBOVITAE HEDGE PROTECTION I IM ARBORIST'S AUTHORIZATION. THE PROJECT ARBORIST MAY ALLOW COVERAGE OF UP TO ONE HALF OF THE LANDSCAPE \ t� �` \ 1 PLANNING Q +tr N .�••__.w.w _. :; .�. . _ 5886 FENCE \ \ .,I I i � TREE'S X • -------�• : •. -..-..,—__..___n_ r ), AREA OF THE ROOT ZONE WITH LIGHT SOIL TO THE MINIMUM DEPTH NECESSARY TO CARRY OUT 5214 N. Williams Ave oN -II `` • ,�•�..••..�-....-ter>.A 'c�n.- .�e.7.►_e .�;T►a 1 4I HEYG /► / / --___ ON -�'x' ,. " Portlana. oR 97217 / '�► . ,� pmurasecom' `' p885 /� 6066k _ r r ` ` ;4� ' II I GRADING OR LANDSCAPING PLANS, IF IT WILL NOT IMPERIL THE SURVIVAL OF THE TREE. P 503-242-1477 a �dvGE§:=i..:. �/ i F 503-295-0942 ( _ w, ,: , IJ1ARBORVITAE _ :- - _: ._ �� X978 ; ��� I _ N • �� �E _ \ 6065 * 164 \ I I I «{ I 4. TO THE GREATEST EXTEND POSSIBLE, UTILITY TRENCHES SHALL NOT BE INSTALLED WITHIN THE TREE \ pH. -- -- ::.-i--(472-7 4 I 14--?...- PROTECTION ZONE. THE PROJECT ARBORIST MAY REQUIRE THAT UTILITIES BE TUNNELED UNDER THE I ® J rtn ■rrrrrrr■ L�.� }, I W a x ■sr�rrurt i Lzl ' sI ` X x I a ' ■nrrwurI r�,' :_ ° VIII"VI::VI: , I iea I ' , I MURASE 1 I1 AssQclates o _ _ _ i ii,---_____;,:•;: ° x � LANDSCAPE ARCHITECTURE URPLANN NSGON / \ I •° 5214 N. Williams Ave I / / \ Portland, OR 97217 _ PLANT I FOFND w�rw.murase.com / V \ —`' "" P 503-242-1477 �� F 503-295-0942 40 if 5886 \� __ _ , I �`` symbol tag-common/botanical name: size (quantity) ii ARBORVITAE HEDGE ( / - - 'f v op PDWD- PACIFIC DOGWOOD / '�. ,r--_- _, _,," __-,,,___y---\,,,, _,:--_ 5885 ( / �' . ; \ ' ' ., ,++ CORNUS NUTALII: 2" Caliper (2) - 5978 , J ��►,, ��. V I I I ' � �., --- ; -1 —=��(5) ZEL ,_... �,� ; . I :: i�_�.,—x�_ 4__��__ .x--� j-. PST—J } ! 1 J APANESE STEWARTIA W 1:11 ' it 1 I r.; 2 \.N.... 3 ; 1 4 1 a a ' i I STEWARTIA PSEUDOCAMELLIA: ` =.�, x',932 SF I .rr.srr.., 13,64 SF 9, O1 SF _ - / f 1 j ,�, 2" Caliper (8) O .. -.�:�3 SF � ,. .......r.� :::::::Iii , .r��rrrrnurssr...� b „ '� Q x i. ur.r.rrr� � ► ■r� rrrrrr.sr� .�. . OFFSE ,A:' / 1 II � ■.� � x ■r.u.rsn ( ,� i, O ZEL - ZELKOVA ZELKOVA SERRATAfj° aC Z x � ' 7 I / %� ' , �� , LINE 6 � ,-, vv '� 'GREEN VASE": 2 Gal i er 6 ( STORM WATER , 0 BEHIND - t; �' ( I I P C ) ._r. I-- PLANTER ' I ,,1,,,,,, \\ 4 (TYPICAL) , ` ` ' ' RIGHT-OFaionriA 1` 1 , , Lir 0.,, I SAN LAT TYP ////7 v v ' WAY 11111 SU'l I I I ! OAK — { ) , , / //////iii i��i�Ji \ % it � , OREGON WHITE OAK 0.. �/ R✓ I I QUERCUS GARYANA: 2 " Cali Caliper (1) � ALL DISTURBED / _ / ; V ��LINE ,�, ,�— I , / P W 0 AREAS WILL BE / ——► / 1'�1 x4 I Iti f '; \ SEEDED AND /////, EXISTING ice\ I �, , /\/ j t I // ,c•-MATURE TREE CANOPY W z �'� CONCRETE MAINTAINED TO / HOUSE / \ � �!.:., ► j y , I— ��� ESTABLISH AN 77/ / / / ' - s I �e 9RIVEWAY EROSION CONTROL / % ' / ~T - U r r l J TREE . ROOT BARRIER: ' / \ # 0 'F �pj Y/� / GRASS SEED MIX i / 1 1 ! - - W N SEE NOTE 5 / GRASS INA /a< ({ 11 �';, -..._1; . _.. _ _ r �� I Ll.a ACCORDANCE 40 , , , , , , , , , , , I ,C_. "' Ij _1 -x—x TEMPORARY PROTECTIVE FENCING n ct ' —= PAVERS ' I �,,� , r > >,, .1 / , ; I " ----7- 1 � WITH ALL NORTH ,,,,,rr��,,,,11\ 0 � �,,� V I 1 ,� W RELEVANT -4":....1; ► i IS I ,� ,� LAWN. SOD, OREGON TURF PROVIDE A fi DEEP X I �„ , \ NEW CON RISDICTIONAL ( ;�_. :: ' LISTING \ �► : I / h ' i d .' LAYER OF PRE-BLENDED AMENDED IMPORTED TOP "' IDEWALK 1 0' 10' 20' 40' ' `• REQUIREMENT.. ;� . :.• �' 'KEDGE �,/ I I SOIL BELOW N -- -1) xrr--_:t'1___-` '''—'''''----41,2 , �/�.,I� :, ATO / �.�,� vI SOD (25% MUSHROOM COMPOST AND 00 �'� r, ULcr� 1 V , 14) REMAIN 75% SANDY-SILTY LOAM SOIL) BEFORE PLACING N , �'i +� . o all ;. :;'.:. SCALE / " ` j` I ' IMPORTED TOPSOIL SPREAD A 3" DEEP LAYER OF �— ., TREES IN LAWN: ._ :: ' (PRESERVE0 , JPST (2 - g F �, , I 1' _z_.= — —XSS - —US—US =C \ Diameter �� ~ ' : •*. i I MUSHROOM COMPOST AND TILL INTO THE I — ' SUB GRADE SOIL TO FORM A BLENDED MIX AT / DWD (1 .y. .;.' I .. . . . PROPOSED I PROTECT 1 , „ N f:; • ' DETACHED ' 4 H I j I LEAST 12 DEEP. / ;. .....;: • a. GARAGE - -. / ZEL (1 ..-,,• ,,,,���11 .. ' 4 ./. mkt,' :.: :'* ( .- ;�I� '° ���•��-•�••j 1p- . `...e.-��._.::. . `:rim, . 1 . : ,. \/ / I^ I �° NOTES: �1 . ` 1)••••• W i�PP��'Miz 1•••••••••�•�_ X. . '- r ' . J .� / \ ■., II.? / I +++illfainp �A•••+•+••�� : ►... .•A•110Onliie . t • • i. �.. rrrrro \ �••••• I+� \:. y:. I �,«ry e.°a�issrsr� <yµ / I 1srrica...:'� •••••,� �.,� ••• +' • . • ::; F. ' \: . .:.:/ . . ;•:` .........x r . , 1 , 1. NEW TREES TO BE PLANTED SHALL CONFORM TO GASTER ROOT BARRIER. ;•;•;•;•!•, `� �,► •.;•;•;•;��,►,;•;•;•' ► � .� , _ = THE APPLICABLE STANDARDS IN THE TIGARD URBAN ' moi'' ,,,,/ • SEE NOTE 5 \ ': .` : .':•.... ►;+;•;�;•;,� '�+,. �. :: ,t•�•;•�.'.+.•...� +++ +++ �►�+ + + , � : .�: '. �. .;•-,-. �; , } 1 7 44 "� FORESTRY MANUAL AND SHALL BE PLANTED IN • \ -'f�__ _ P 5, r�,-=•.�+1a 4 fir' PIP:Mg ;..:. .f• .� :�'• • ..: + + �.: .:. ...:.:: y•+++•+ .. :�.:••:., : I I N ( � ACCORDANCE WITH THE AMERICAN NATIONAL ' ' OFFSET 1 3 -- �„� ,.s �•�+�,�•��i • •. :...:.;4,.....,....:.‘ : ` :.�-�_ ... j -:,d'/ !+•••!•❖li :4,.....�° ..:.`.:..'",; a r. JOE PERCIVAL F• ` �` ,: ,. iii,, ••�►•• : , : . . • `4:: :':.:. .. - ►=•=•-•+•?�i ' ; . :'.:....;.. ; N I I STANDARDS INSTITUTE (ANSI) STANDARDS FOR TREE LINE 6 1, j-. . °'. ,+•�►;•!•+,� s� _ ►•+•••••••� .....•. •.,. •.. •. / . .: . ......... : •:•• , (►•••+•+••� .s.._ . .. .. ;;_ / . ... . � ,••�iiaca t +,+�,•,••� . . . F•••••❖� •..�.,: . �::.: . �,,.. i I PLANTING (A300, PART fi) AND ADDITIONAL c ca BEHIND I ,,;� Paso �.•.# � :.-:4►�,•.� ,� ,....z. ........7„1......-.............:-:, .• ••••+•,.••� «. s ti + - ` `�� `••:ilii �3--'.:�_.• : i:;-:.:,:.--- • ry fi •+•••••' ,, :fi ,•�. > / u, z j 1 STANDARDS ADOPTED BY THE OREGON LANDSCAPE C',q `tRIGHT—OF JPST 4 �- -- '"'�� • . : '.. ++i►;+i{ f - �L.M ,LOCA ` •'' CONTRACTORS BOARD. NURSERY STOCK SHALL MEET •-•.t. '+L - -:,1,----,,____,,,___(3 ETES ) I THE REQUIREMENTS OF THE AMERICAN ASSOCIATION WAY v - .�, � OF NURSERYMEN FOR NURSERYSTOCK '..' °' r X17# Y LINE ' _ _ - - - - - - • _.�.. ._ ___ `- • .. _��_ °�' ... � (ANSI Zfi0.1) O `�,► 1,714 SF ___ 1 � ' I. , . FOR GRADE NO.1 OR BETTER. DOUBLE STAKE TREES (1IF NEEDED FOR STABILITY. 1 v OAK ��- �1` I 4 le �r�` N }a SW PLAN r I 1 m 1 Ep ROOT BARRIER: -- PLANTATION � I j 2. MINIMIZE THE AMOUNT OF DISTURBED SOIL ON THE ' SEE NOTE # 5 ' I 1 � `< 1 CONSTRUCTION SITE TO DECREASE THE AMOUNT OF ► -`"--- I E `` , 4 SOIL WHICH ERODES FROM THE SITE (REFER TO � ' j EROSION CONTROL PLANS). BENCH (SEE L.3)- TIMBERFORM , / / Or QS GREENWAY MODEL NO. / i/ L '�-- - -i- i, ui 2140-6-P CONTOUR BENCH ` ' , � I, �` ' ' 3. NEW PLANTING ON EACH LOT WILL BE IRRIGATEDLL, (COLUMBIA CASCADE COMPANY) P �` ,� I FROM A WATER SOURCE ON THAT LOT AND THIS I f WILL BE DONE WHEN THE LOT IS DEVELOPED. I 1 / , 1 I 4. COMMON AREA WILL BE WATERED BY WATER LINES / // 1 0 I ;,_ 1 COMING FROM ADJACENT LOTS AS EACH LOT IS / / I ' \, \I:` r DEVELOPED. w 5. PROVIDE ROOT BARRIERS MEETING CITY OF TIGARD p REQUIREMENTS, ALONG THE EDGE OF PAVEMENTS Z WHEREVER THE TREE IS WITHIN 5 FEET OR CLOSER v-- v- 4 0 0 ai of w w w < < < w 0 0 0 Q J N a N .9 N ca =Z co m Z W H N I, Morgan Holen, attest that this Tree 6Q w Preservation and Removal Plan meets all o o E N the requirements in Section 10, part 1, of the City of Tigard Urban Forestry Manual. -wir t 44-- L2 Morgan Holen ISA Certified Arborist PN-6145A PROJECT 121 st AVE Date: September 4, 2014 NO. 1410 TYPE PLANTING PLAN toiM taAS MURASE Associates LANDSCAPE ARCHITECTURE PLANNING • 5214 N. Williams Ave TURFSONE UNITS BY MUTUAL MATERIALS Portland, OR 97217 www.murase.com (ASTM: C 1319-97) P 503-242-1477 F 503-295-0942 FILL WITH 50% ORGANIC AMENDMENT AND 50% SANDY LOAM FINISH GRADE COMPACTED SAND BED CLEAN WASHED CRUSHED STONE REGULAR GRAVEL 3/4"—FREE OF ALL REPLACEMENT RAMP SIDE 'APRON' WITH 2% MAX. SLOPE —TURFSONE UNITS BY MUTUAL MATERIALS COMPACTED SAND BED FINES A.C. PAVING DIAMOND FINSIH (BEYOND) (ASTM: C 1319-97) Z oW FILL WITH 50% ORGANIC AMENDMENT AND 0 SOIL SEPARATION FABRIC 50% SANDY LOAM SOIL SEPARATION FABRIC CONCRETE WALK ..... ci. c\I LAWN: SOD, "OREGON TURF" SAWCUT EDGE 1' i CO C: FINISH GRADE > 8 1 EXISTING A.C. 2 K.) Li 1.---- C\I f 1 1 114g1111 H fillifill ,:-. !:-..-;.. 4.. .4.;=a-_-=_ITL--=_Lri To- .4. • - • .•• '•, .,A, , i _ , 1111=7- 1110111! 1111 ill - e...- • • 4. . - •' 4'1 .. 4 s 4.g.• • • •••• : . 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'111—Ftilil—HIIIIIII HI Hi iii Hi HI HI HI Hi HI iii m HI III HI ,III=III=TH.—lii=m—iii=iii=iii==!!!..711L-7-__!iiill-iiIii....711.1:111=11 1=1 I 1=1 I 1=1 I 1=1_117411,---7111F-OFFT111-741 I, I IT-741,11-7111T-I-T_. 11=1H=II —HI=111= 11 ' =111=111=1 —111E111=111E111:=-111E111;=7111E111E-1114 11;4=11 1-,--- 1 I 1E-11 IFI I I=III-1 1 '—'" u JZ ,R1(1) 01•11 #4 REBAR CONTINUOUS COMPACTED 3/4"-0" COMPACTED SUBGRADE > ,-- CONCRETE CURB GRAVEL BASE COMPACTED SUBGRADE 1"-- (f) (A-k- TURFSTONE SECTIONEr--3 DRIVEWAY SECTION 1" = 1.-0" 1" = 11-0" CNI In ‹..C45 TERI,. V --4 0 /174 0 NOTE: STAKE STAKE ALL EVERGREEN TREES 8' .....4. too:.,,,,,, ,,,___.._ iv r6 JOE PERCIVAL E-. AND SHORTER AND DECIDUOUS TREES 7 c.4 OREGON 44 LESS THAN 4" CALIPER. DO NOT STAKE ‘51 VINE MAPLES. C4 1)E ti3S;S* >- ik. 03 ,)ml!i0 RUBBER TUBE AT TRUNK (3) 2" X 2" X 8' WOOD le k., STAKES EQUALLY SPACED GALV STEEL WIRE; LOOSE OUTSIDE ROOTBALL TO ALLOW 4" OF MOVEMENT z IN ALL DIRECTIONS o 5,- STAPLE WIRE TO STAKE Lu cc PAINT HARDWARE TO 1 211_. 11 '77:// 36" DIAMETER MULCH MATCH BENCH LEGS ,11111 / HEAVY DUTY BRASS ilr w WASHER FINISHED GRADE: SET lira lirilibli 2/3GA RB HA:Dv El EG H T OF TREE 0C El RNCTLEER E-0 30"N D T RE E EP E FINISH GRADE i' BELOW FIN. SURFACE BOLTS AS RECOMMENDED OF WALK BY BENCH s.s s, .„„ , , %i',soi'--- ----:---- ----,----,„-----/, ToZo ., , . CUT AND REMOVE TWINE, BURLAP, AND WIRE BASKET d z MANUFACTURER. SECURE -,,-:-./- 44 i*P"." FROM TOP AND SIDES OF SIDEWALK —\ INTO CONC. WITH EPDXY ;v" ,,,...'+0 ,4„,..,„„,„...,..,-- ,A,,,4 0,,,,, 7 '\/ +. :',044 '-----, , ----- V114\ \ \ 4.41 P#441 ''''' 4 i:4N \ ROOTBALL 30" MIN. > / t 444. //'-, ''''''S- - , 4:441110 / .1- -1 ... i _.• .. •4 ... :•......• •-•. . A.. - - \ 4 -,.. 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I. 1,-7-bl I II ii=1 I 1=1 1 1=1 I 1ff 177_1 I 1=1 =I I 1=1 I 1=1 I 1=1 I 1=1 I 1=1 I 1=1 I 1=111=U1 iiffiFfill---7-441=111=111=j1=1_11—si 1 111-malmifirrilliminr-r-, / 0 C3Q- To ..C-9 ii 1 III 111-111-111=111=111=111=-"=" .- > ---) ..- 2 X ROOTBALL -F-1114 1 c7;111-'7:4111: 1 -11 I—I I I- ---111=III_.-7-_Hi- >._ .it >,- ›- m ci v- #4 REBAR CONTINUOUS COMPACTED 3/4"-0" COMPACTED SUBGRADE ( BENCH SECTION GRAVEL BASE fc>2) < 5 (3 < BENCH SECTION TREE STAKING DETAIL 1" = 11-0" N.T.S. L3 PROJECT 121 St AVE NO. 1410 TYPE DETAILS , - rt uu ';k{ 4., 'sdt '' `^'Y :',. b,•'z r, ,sir At4141 3�.� „ � &, v,::ix.. ,2�; c.,.,`� rx,'.,•v,,�v 1 V. � t n' €;c.,ts .°r.>..." ..,.t »a - At„ ,.,,�i�Ff F�t .l;.z. .'Y� � . ',�» ,. �,. �' ,.,v .n 4141 „ng',' x f, x- v.z...ux. ,fit r'.l'ri ,�! N {wt s � ,',t ,, r, ,a.. .r , �:, s rf.;, :' t'u rs;n t �o.�., $'S kt,. 0 , o. t.•t . , c ,. , ,,. & tr•.. ,,, 4141 k x 7, Y s,r,,,:' ," t •,r.,,o ,., t�'. q4 f„ t, <r r :>"u' .k 4,. r t; r ,... q, Ms �.G ,y<Yv. ,ih, 1 4 ;; ; ', „ :, � kda J ene •. .' tr•:r`, „i�, 'T,qua. �4y r, �` k�f��y�'� ,,s»r,,,r, 4141• { ',42 ',2,:.. � �ti. N3 V ti a rq u, :,. td. rr r� •. ,< »,`fir r O 0 r ,,4141., as , ,.» .•r 4141 gin, �3 � 1 m. � t 4141 }k. ara,. „Y,., rz� .,t� , .„ _,.,.v.,•`,r ,,r s ?!G 4141 .:� '> �, ,a � ,>`x`',.,,,,}4141 u`=.. t �. .,, ..J e^ t,. ��54. u c�77 4141. „F,..'�. U z S ''Rork, r, 41,,,41,r,,,, -x.x.,, �t � ,x,. "1 �� •„ s '~hk'rd.,:U wa ,• ,sort '�; ..rr ?... _G r• y t� fig, � "`�.s�,`r'n; r s ra� co `"' „'�� ,�" � � U �' h tk ,� C�'✓� z r �fr i'`u� rrxc sk c {k � �.+ .y.. '`,.at' srgF' §' t , �a 4141 € C € T�'},q�` t�tk ^J � -.G ,.4141. ,i ,satx 4i .3 wr -', t a � > q � .>, i ,. 4141... '• S , b � rt 4141.. 4141 �, .�• ',.- � ,. v r, M q � QQ Q' j'�� � . r r t 4141. r�+ 4141 ,,, t•,t,. ., .r t x ..� T �,r . , _,. ,. r,., o , k. 4141$t,T1.${,• rt, ! .x,., : ..., x�a {!'? M ,i ixp t ,, `n'„� t y' ma A ds¢ fk } 7 S,Stc "" °' r•v � � V p Li.. R N Et Q � A 4 LOT PLANNED DEVELOPMENT/ SUBDIVISION OWN TAX LOT 500 MAP 2S1 0300 rt ric5, }y' r kk, : � �� Ftsa, q � SrYs ��kk iI I 7 �':°" ',?�i`",iu'�. ;s:'a"�' c ' , "�' ''kf ,? ` s'i3 ° 'b`"" ` ' 'i6` fl�Nk t*.aDx�.,' ,`�.:<.,,kkr` Xraai°�n'''''sa`"l��.°»,, "'�ma ;3""a Url oz I I \ I a a I VICINITY MAP c,9 U I I \ N.T.S. 1 1.i.w, cF"nz I I \ wu I " WHISTLERS WA K t ►. CL ri- 32 ° I 33 34 I 35 \ z,,i, I cli), SDMH 1 A I \ •N - r ---i x 2 I I I 3 3 C& 4111,.., a.. u O \ X ,� LL < --- - S:zs-' �x ti 2"E 22 .09' \ I X GRAPHIC SCALE �" 51' 4141.• I .4141. -- �, � ___4141 � .v I I 20 0 10 20 40 \ !\_./41/ w EXISTING �. i '+ � �' �' f I �) I-" 1 PROP. 8" STORM 1I :: '..-..7.,'", .�1� r `'� r �� +' I r A ; 4;�crl D 4141 4141 �■ �■■ T ER S �,, Q i i 0 _ ............. f w _ \ I I > X (IN FEET) S(�M SO LU CtiI rttrrrrrrr� \ _ ____ �"� 1 inch = 20 ft. 'VI Ef\ ✓ �w/. r.*+ ■arrrr■rrr ' --- ) r.i■rrrrrr 1111.11....114 _�� 1`� (11 �y� T--G X I rrrrrrrrri • G 1 ) X01.{.. ■urrrr■rrt ■rr■rur.. -� riu�rr�rr, rrrrrrrrra X /` rrrruur: ■r rurrrrrn 4• \ rrrrr■■rr1``'� rrrrcurri ::rrrrrr■. I rrrorrrr� 1 I •�urrtyrrr� /' ---__35 ■rrrrrr■r. r ♦ 4. Q -1 \ 8 1.-- ,732 SF H r■rrrrrr1-. 5i I & ,n/ 9 rr� S `/ \ V V I \ (5 • I ',503 SF �-- - , 13,642 SF I I 9,301 SF � / ��� � I y,���O, 1.a(4r I I I11111111111111111•11•11os \ X I 'G�Q4 '.d �, ��� �•jow �� \ �l+p a 1110 = SOLAR ACCESS AVAILABLE 2 �' `���` .� � �' �2 I ;� ��_, . i. � , �' : / [: i APPLICANT t o SAN AT (TYP)oq, -- \ LI u in ci i oi i / 11 I o 2 0 Lo z z p„. g lis .. „.>_. "E q ...... I • p .i.' a_ —= att c, ..E. CL I , ft: IT•I• SI " WHISTLERS WA K " 36 - I - 4, .... 32 33 34 35 4 LEGEND A F- -BOUNDARY SUBJECT PARCEL z _I . 1 _ 87' 1 _ — _ 140' _ _ 4 .a .q . 4. 1 i 1 I/ , RIGHT OF WAY LINE -RIGHT OF WAY CENTERLINE -CURB LINE PROPERTY LINE EASEMENT LINE W - Cl. 0 I . W Z W 0 I 1 4.,4 ,/ . • • .. 4' • • CONCRETE , . ' • > >_,,,e, 1 1 10 5 1 8,814 SF . . . . . . . .. • , . . , : -ASPHALT PAVEMENT W CC F.- 0 co 1 7,683 SF I..-. • - . • I ...II ‹C .r... .... 65 ' 1 ..., . . I . ::.:. zi-6 " STEPPING STONE ESTATES " I 1 I 1310 ' 4 4. . 4 : . 1 < PCr I CO 0 77 ' W • 1 I 4.4. 1.. • • > :I I I I ::: Z 1 • • q-.) / 4 ' 1 I I > 1 •4. I . 1 .41 1 .: • 0 .o .."41.. ".. • < • I - <E . • . • 1 .... . - , ... : cx .. . v) 4-, , .°. • I ail PRIVATE STREET , , Li .. ' 3 2 4 o • N.......1("U.% 0- 4 : 1 .C•"....1 (SW PLANTATION TERRACE) i 1--- .:.: - I 1 1"--1(\-1 N"- 1 ...:... 4 . r•-, 7,247 SF 7 247 SF ' z - co , opi '--„ CI q. 6,804 SF I 1 •4 I I • -<, \\E— -1. 4 • 4. I I I 1 1 • . - .., A 4 Ait . I a .. .. ... . . 1 77 ' 10' 110' 1 65' CP 65' _ I m o 1 - cv . col ........-......1111111 Lc) (1.1 •' . .. . co \ 4 4 C\I 01•MM101=1 .00.•••••• 4 v . Z /'.. v • 0 .4444.44 4444444. 01 (7) c : I 1 ._ c 0 5 • d.. 1 w o ct 4• I --a. SW PLANTATIO -—',J.... A TRACT A •°.' .--- -......._ • ... 4 0 . I . ..2 I -13 ...''. CO a 4.. 0 4. •. 0 .. I . I.1.J in / / . . . co < N / • •. . - .. 0 ..,'" . . . •ci- / • 0 C5 . . . 4 i CV 9 8 / / -44 1 1 (r) .. — _ ....... . . 0 / / :4 " .. I " EAGLE PoINTE / / A A A C 0 0 0 0 I Li / / ./.. di / / I / GRAPHIC SCALE 7 gggi I I---) (7:1 ilTD Li... 1.. a 20 0 10 20 40 ro / / >- toz°1 m co ME ME ME MEM Z vfi (VI / / I I (....1 1 (IN FEET) CD 1 inch= zo ft. (7) ,;C, > 3 ,...,‹ 5 w ,..,... w C4 s•-, C) 0 Cr Cl- (./) C\I d N) I— CN o v)...., 4-, o PROJECT SW 121ST (5 *-;,- NO. 285-008 = o TYPE PLANNING c.) V u It) J Z In QN a S NO." J SW KELLY LANE I o Q 0 0 0 0 0 0 0 Q Q 0 40 /0 I 5 tit �.ga — A 0 M Q I N oft G , t11 8 a' 0 Q i hi01 frit un 1Q - Q o z IQ LEGEND 0 Q.. ° I V Z Lu Q a -REMAINING DECIDUOUS TREE 0 I cn Q Q I �� W H ISTL ERSW K �� REMAININGEVERGREEN TREE Q \ 36 I , CURB LINE �- 32 r 33 7 34 \ 35 -PROPERTY LINE Q — -EASEMENT LINE Z PUBLIC PEDESTRIAN ACCESS, -BOUNDARY SUBJECT PARCEL LU Z 0 �. PUBLIC STORM s - RIGHT OF WAY LINE ``'`• � ?" LLI Li SEWER AND PUBLIC SANITARY 0 0 51' i' N 11" a -RIGHT OF WAY CENTERLINE 0.1i11 ,. SEWER EASEMENT `� 74 50' I -DRIP LINE Ril �► 0 4 O• : DI Cl — -- — -- -- — — F. o I :°• : -CONCRETE Z > N A • I— / — / n - - 4- - 1 0 > a 1 I 9,503 SF 8,932 SF I I 13,642 SF 9,3015E ///////l////i 4111 I I II Q .'s / / -EXISTING BUILDING --- I I I 4 I inti � ZZWCI 0014 110 I z� " STEPPING STONE ESTATES " a r==-- c I -EXISTING ASPHALT PAVEMENT Lra.6-4.6I r / I I I I 1 I ....I 4 0 I 0 ,4 r 1, i,� i -EXISTING BRICK SURFACE : 00 TAX LOT 15400 EXISTING // / I w . / -OPEN SPACE 0 /3 I r / Qo I I I w 0 0 0 Q -NON-AUTO CIRCULATION IRCULATION4, / TAX LOT 15300 / 4 I " too 11111.11111111111111111111 4 4. NilliN1 ���r I I ° TRACT A 0 I PARKING/TURN-AROUND TYP / I �" PRIVATE STREET L6 . - — L_ — ( I t--i/ (SW PLANTATION TERRACE) - I r • I CI 'CICOMMMON OS&` B. SDWK: ES ° y' j s: c5 MT. . . *: : — II 0 z I in PiP_ Q T� A(� I T U S ACCESS CD Mir ,: : .ll 11;h, TRIM ET LIES: col rAW�/ may....... ....••41141M ::. ; :, :,. :, Q. 4 CO L. co Sill' ��- ..•••••• •'••• ;f ._ •.,:�. ,: •: o I 45 SW WALNUT/ 121ST AVE. cp 2 �� � �cv �..,, Q 62 — SW SCHQLLS FE ' Y RD . •� � ' ! ,y����b,' %� �� � 0' ������,��i ■ EXISTING 25'•A ESS.ESMT vZ. '���.� •-•.G• lio, �•�!i�������/' 1 2 — gpc TAX LOT 15100 . � 17- ••••; `=` „> n .o••• TAX LOT 15200 E''. il � �-,�. �►'+,.+� ~ = .• _i, ir rt0 --0_ 3 VACANT •�•'••�`. �� :� ttittiflor.. / it'� ,p / ►•�•b+i�i� ;lop fie)op 64:44. i 0 0 r A.......--- co INGRESS/EGRESS•EASEMENT PER. . R !Apr ••tom ' "• ---- . 68' **I i� ° S , QRS DOCUMENT-NO. 8-131159 TRACT A __ ,�,:, —____ .- , C j NOTE:TRACT A IS A PRIVATE STREETin "" k '`1--- ..'. 1,714 SF -_.__ �•••........,�/ r ° �__________ 4 .4- I TRACT COMBINED WITH TRACT A OF ��_�-- ° -TERRACE --- --` .� Q W o STEPPING STONE ° 1 0 I EMERGENCY VEHICLE ACCESS EASEMENT TRACT AI PER DOCUMENT N0. 98-068497 �"`-_`-'" _► `. . TONE •° �� I z /0 iCi .. L!m / / " ° h h N. 9 / / Q Q Q w 0 0 0 if / / ° . I , gggi 2 EAGLE P +�i I N T E i / 0 0 GRAPHIC SCALE m m o11 20 0 10 20 40 Ca Q z / / ICD ei w eN a U t inch = zo ft. o IN FEET) o o Ct a ) I Q / K. lii 46 15'PUBLIC SANITARY SEWER Q �' = C'7 o N / / "EAGLE POINTE" I 0 cn / / 0 a PROJECT SW 121ST o NO. 285-008 CA c' TYPE PLAING LJ (.7 to Cm / lon z co c ••:-..• CO Laz = ogm 5 ihr g..... i I I 01=1 to' ..cr„.,-- I- ?.... = = to I Z I I c)- - o I ottg cg 7..z 0 f"" 0 0- lin to; U.I Z III 0 fti Ci 1 4111111 L4.1 I Ct- (9 SANITARY SEWER un STORM SEWER MANHOLE I 1 LEGEND (EXISTING) MANHOLE I-- - 0 RIM = 347.32' El - CATCH BASIN/DRAIN INLET BOUNDARY SUBJECT PARCEL RIM =351.44' X IE IN S = 339.08' " WHISTLERS WA K " 36 _ t 1 I ionrrialA © - STORM MANHOLE -RIGHT OF WAY LINE IE INS =345.09' 2 I iu-1/ IE OUT N = 338.94' 0 - TEL-MANHOLE - -RIGHT OF WAY CENTERLINE IE OUT N =344.99' w 0 „ o x (>.1 x . 4 ti V D -FENCE 32 1.--r=1 v)v) 33 34 5' WOODEN 35 0 - SANITARY SEWER MANHOLE -WALL ---\- X FENCE \ 4 11 .1 XL(' - A 1 ,ik,..11.% 4 41 a - MAILBOX XSS -SANITARY SEWER LINE 5886 N IXCOM h . ... II PUBLIC PEDESTRIAN ACCESS, Lu>1.-1 \ .2 I >< >< X I *: •• LIGHT POLE X SD STORM DRAIN LINE CO PUBLIC STORM W 5883 . . . a. n , S 4.".. t 2E 22 .09' 1 6066 6065 606 A N 111 N. ° I, I C] - WATER METER X W WATER LINE Z SEWER AND PUBLIC SANITARY I al\ to --- ,,., 0-- El p 0 -; 4 ' r= XCOM -UNDERGROUND COMMUNICATION LINE 0 r 1. c/ - COMMINICATION PEDESTAL p SEWER EASEMENT 0 ARBORVITAE HEDGE 6 EXISTING /P X 5885 PUMP HOUSE •e, 1- \\•,...1-11 ., 61 4\44 117,1(11,1112111 (1-144 \\ A/: 1 ix ) 1/,,, ,,,, / XG -GAS LINE 1 tit Ktivitap % - ELECTRICAL PEDESTAL STORM WATER 0 / 5' WO9DEN c) 1 xE XE ELECTRICAL LINE MANAGEMEN 0 4 11 M FENCE ----4---- 597: `41■4- - -_ .063 \ II / '. x X W )s- kW i. A F4 W 61;:fo- FIRE HYDRANT - - -351- - - -1'CONTOUR ai - Ea>wlozoi. x , , 1 '° I. - 4' < U.),.. LL LAUREt- H. QE IX -WATER VALVE - -350 5'CONTOUR 0 17-, 2-FILTER 1 A I ..--''''. 4 I; ,.i CATCH BASIN ' 4.4 44 \.t.s... ..../ ''''''' ---., -CURB LINE ..r.r (11) - WELL 0 RIM =353.30' I , 4 4 35 i'...s„.. ..,.___ ..-- ,., ca 4 1 ,..../ x X , ...... Fi ci. PROPERTY LINE 4 1 a ••., --__ --__ il I ii 6 3,y0 „______m_)-UTILITY POLE Wi GUY ANCHOR I • IE OUT= 351.60' I r: v) III . ' 4 4 41 C 4 s..s... \,, I 0 . ".EASEMENT LINE STORM SEWER 0 4 -4`(' . , 5979 - , ---, c , , i', \ \ 0 cc . ' ,- , a. 4, d, 0 11111 -.....„ \ 4 1 0 El '. DRAIN < MANHOLE < a .., . c., 0 $. 414,* ..7 4 4 t i i i 0 z co 0 , - RIM =353.84' 1 I-- A ' Z a (I 41.. 4‘, 4 ° .417 •,, /11/7 s"..V_ 1 6'.) ) 1274.H.14.17 ........, I I I f t cn 5980 0 \ 1 1 III x . a -DECIDUOUS TREE AS NOTED 4 . 4 . „ -EXISTING CONCRETE I= i--- STONE ESTATES " IE IN S =347.98' I < . , tr) • 4 ,, _. - 0 0 4 k •4 ...---". .r a j 1 \ 11111 , 11111C k .4 N I 1 1 1 , I IN . Cr) r i 1 i 1 1 t I I x X MIIIIIIIIMMIN IE OUT N =345.68' - Bo • - 4 , 1 X 1 -EVERGREEN TREE AS NOTED ' I X 4 4 4 4 0 4 4,4 4 A 4 4 ‘5\ 1 1 '11 XG k 1 1 -EXISTING ASPHALT PAVEMENT \ / i 4 / / / 7 4 STORM SEWER .i, / I 4 4 4 q 4 a '''''''''''..." ''--",4 a _r-.2 / 7 \ 1 I I - / C= 9 -HEDGE i x >< 4 I EXISTING 1 4 I -11111moimmuir_. 410 ) \ ' 4 4 4 al 4 / I /7 MANHOLE r- MI 1 7 / , AiExTiosTB,NEGREc.ARovp0EDRT ,././, . HOUSE ' 600) ( 2 \ W 11 >< § /, -EXISTING BUILDING RIM =354.50' 4 4 IE IN S =348.80' 0 LLJ A 4 fL. >o< 4 4 it' 1111111 / Cs 41.4 ,, - eir / ///i///////////// , , / > ia i-711,1 X W x .' ! milt limit - 1 I EXISTING BRICK SURFACE I 1_1 1 I I i -*'.4 - --1 1 1 - --- ---x .1.., 0 ---__ • 0 Ti \ 4 . . 2, i , ,', i I II 4 6008 1 / If 'i ell < S6St.51 / 141:g :44 OP STORM SEWER '" I l„.1.I 1 111 1.,"1J11-12,-L U") IN ________.7 33.5. V411) .4/0." MrHOLE \ 4' VINYL I/ 4;TE ARki . ., a 4 / / / E r_i x- , 21 \ 44 1 XE -------- \ t - -EXISTING ROCK SURFACE x TRACT A , ...- RI =355.72' FENCE I 4 41 43 4 6 SF WO AC) 4 4 4 44 4 4 / / rr/ Cr) in" 1 1\ • / / / / r-1 V) 1 PRIVATE STREET ,I‘ X S D 13/ L4 ' IE IN N348.92' N _„ \ / EXISTING FLOW DIRECTION IE OUT =348.82' / / N 1! (SW PLANTATION TERRACE) 4 4 I \ 40 STORM EWER C4TCH9SIN NJ 1-1 ).--• i (,)? \ lip v4) CUFrvIlyNLET / z v A1.1 I! V 1 XSS 0 \721 \ - 0 4-,- i ill ,57667 c ----- RI =339.40IAT CURe FACE I 0 v) /1 \ s \ „...,, ........- 04 OUT= 336.51' / I XE ) /I / ..,•;5 / I • I I / x STORM SEWER SANITARY SEWER 6) 1 ) , b(b / I 4., I >' MANHOLE \ 5765 v-5*• ;5 to MANHOLE NUMBER SPECIES DBHI KEY .V/ RIM =339.92' 5711 DE 32" DE DECIDUOUS \ \ \ ./ \ I _I ///ADQ)' Sji6R/M SEVyE( /..' '4 %IC. It 1 RIM = 355.97 57)1 MANN° cK IE IN E =332.22' 5721 AP 12" Fl FIR / i 41--) 0' j EXISTING SIDWK. '5 t tr N....v.547 x 1 / 5761 DE 18 CE CEDAR -0 IE IN W = 350.97' \ / / RIM 944.89' IE IN W =332.42' u <k-o BE REAIIIGNED 5762 DE 12" AP APPLE >- \ ' n\ ) / \ / / IE II/W =338/9/1 / 773 , IE OU S =332.10' m o IE OUT N = 349.07' 0, / co/ 5763 Fl 38" HK HEMLOCK x --i 7 7 , ill! '''- - 1:JJ1 Iiii i a) \ I I IN S =338:92' / AD 5764 CE 26" DG DOGWOOD . r d- / / cD \ ft ---1 /4 I _ - _ 1 A RpORVIT/?‘E HEDGEJ - :v _,.. ._ E OU_T72q =338.82'7 / 5765 Fl 44" / i co „...., 7-4.' 4 ; ---- 7-- 03 .t3 I / 5766 Fl 47" LO 14 4 4 ,.../ 5764 ti, iiii ."--,..„...... 40010 STORM SEWER CATCH BASIN 5767 DE 12" 00 1 \ j\ . ' 4 ,•'''' INIONMENIMMUMNIMINNI\ A) t 3. i 17 _Lilt lrON I CURB INLET 5773 AP 6"" z 4 - j'a WM Orr c ..„,,,,,..... • . i ,o, _......._ ..,....._!. ..... - ; GRESS GRESS E SEMEN PER i ' 516 '<\*411 ' xw • III 4' IE OUT = 332.50' 1_,, \ tifiN I to DOCU ENT Na98-131159 1 ____ ---- -- 4tti.,Aiiiit ,,' `ih."•111v'II • .;..., / / / N488°4002"W/227.01/ -----------------1-114/ 1111111111AMILIMP--- 111"41 - --r--- -- 1'*ra111111 XV- ----LIN*w Irelitat, I I 5978 HK 40" / -------N. amillimillift 4 5979 HK 30" 01 ---:, --- / .......... . Aral,40 ii Ili P....dillia. el --------------------rr_P ..."--.. ._. 5980 DE 19" Yam ‘-jJ9 EXISTING WALL / SW/PLANTATION TEIThCiAtED 0 / / / / , "-- >(/)<-- : 6007 DG 10" co (3 i (0 '11, I X 6008 CE 17" cD EMK1FGENCY VEHICLE ACCESS EASEMENT ------_____L PACT Aptx 4 / / 4). , 1 x i 6063 DE 12" w 6064 DE 12" 1--- in PER DOCUrkNT NO. 9B<.668497- XE .., SANITARY SEWER co X E )7-------- .• * k sT011 / TO wA ----=------:-___\_______AU X n /---- 6065 DE 12" < CN '' •dri .„,... p x 1 - / a up MANHOLE 6066 DE 12" ra a .1"; ill ---0.- .111Yrrl - 338›.,, ('-)-' 1.111 i dt- . / RIM = 337.93' • a ' , Si ci c\I ELECTRICAL / WI 5' WOODEN-- / / / ASTORM SEWER / / I. III XG -I I // IE OUT S= 320.63' t VAULT FENCE / / CATCH BASIN STORM WATER i El1,1 01 x 1 RIM =344.35' •_, 0 / / MANAGEMENT p if ":75(E--- - ,, gip / / IE OUT = 342.45' 0_ 9 8 / / SINGLE FILTER i tc;/ 1 I X N N N CATCH BASIN / ft o o o / 4;- / C.) X IL hECTRICAL UJ LU LI kiNi RIM =340.73' I >c 0 ...- II E " x >- I I VAULT a < a LA da EAGLE PoINT / / IE OUT = 339.36' N 0 0 0 cr _ - .: , / ELECTRICAL cc 0 2 < 0 u pr. -11-• / VAULT z ot.- x kt g I ><v) I CD 1-0 CO i-v21 >i< 51 N / 1 / Li.i 0 I 1.1.1 / o x LA x w cc Es / \_._ 15'PUBLIC SANITARY SEWER 0 ct a ct 0._ (ft c\J / / EASEMENT PER I X ) I GRAPHIC SCALE d Iro / / "EAGLE POINTE" x 20 0 10 20 40 / / (a 12)1 Le5w III h• I iiiii NE imam 1-- mg im ami mem --) Li / / ---------1 X r n b (IN FEET) i v) i inch= zo ft. -18 PROJECT SW 121ST 47, NO. 285-003 n 8 TYPE FLAMING 1.1u u, / I LEGEND (EXISTING) E Qt 41 E8 ❑ - CATCH BASIN/DRAIN INLET -BOUNDARY SUBJECT PARCEL cb - STORM MANHOLE -RIGHT OF WAY LINE / I un u It G: o p OTi to- TEL-MANHOLE — -RIGHT OF WAY CENTERLINE .. ? c , QS - SANITARY SEWER MANHOLE ❑ -FENCE a I -WALL "� u4 o - MAILBOX , ' XSS -SANITARY SEWER LINE � °' G Q I XX - LIGHT POLE XSD -STORM DRAIN LINE 2 - WATER METER XW -WATER LINE CP - COMMINICATION PEDESTAL X C M -UNDERGROUND COMMUNICATION LINE XG -GAS LINE I - ELECTRICAL PEDESTAL XE XE -ELECTRICAL LINE /' - FIRE HYDRANT — ____X - 51— — — -1'CONTOUR MI ci z w CI. Q I I pQ -WATER VALVE —350 -5' ill Z W I I ® - WELL DRIP LINE ��?�=UTILITY POLE W/GUY ANCHOR CURB LINE ❑ DRAIN W 0 " WHISTLERS WA K " 1 — --EASEMENT LINE 36 a, d -DECIDUOUS TREE AS NOTED G' ° . 4 ° :` :° " -,EXISTING CONCRETE 32 33 34 35 -EVERGREEN TREE AS NOTED A CL ° 1 I I � -EXISTING ASPHALT PAVEMENT V F—xx.__„„...„x____..........._..x .----k4k .-...._- _xx_ ...,. . _ _ \ I Li `�' -.� _.. xx � i ,''�%r �` ,� I I I j j/ -EXISTING BUILDING `��"r W 0 ,..e,,,,, :,4 i,, !‘.,..,,,,40 k :4.„.,,.-i i I, - .4.i,,,,I i k I mite rl Iiiiiii I I' 111 'I 'I I 1 1( -EXISTING BRICK SURFACE ,� 1'�' 1— - - - -1— -_._ -- i \ it a: I 5 1 j 0 1111111111111111111111111111 i I I 4 --1 \ 4 \ ii , a 1 ,,--- \5S---6-S-o. 410 1 I \ — ----- I f0 IQzic-7,- . -EXISTING ROCK SURFACE rz 31 I I '111 I : I CC CO C� II 1 �, 5 y a ��� 2 I I ' ' ' \ ` �`i �O II ) EXISTINGFLOWDIREcTION < u 1L�1 �� ' I I 1 I', 'I I Il - :. ° � LEGEND (PROPOSED)Ir I � � � I J o N I I \ II _ . / / 1 \ I I I I - WATER VALVE `� I I/ 11 7, ///�� EXISTING r C� I I C. I\ I �,/ HOUSE �� �+�1 I I I4 \L7 a ® - WATER METER I, I \ ___ — _ :1�� _� w� //////.,`�ll / / ° ° : STORM MANHOLE 1 ' �+"i \� \ — J ////////////////</?/(/j/�/ �%/ f �y f - FIRE HYDRANT °. � . i 1 I I 1 I I I II I I / l 1 err"I I 35 I \ ' „ „ , „111 ' 1' [ / 'Y III , I , , I / �/ 1 [ - LIGHT POLE \ 355I / I A \�L_s l _�, a. / -I Al Q I\ 35fx--N I 1 II AD / / / //: I / !Ali: \40 0 - MAILBOX \ I I / / / I ° I a - CATCH BASIN 4 • L ___\____ _____ t�r� sem, J I / I CV Mil -AREA DRAIN I! \.1,0 M \ .`'� ' R , r l I / / I ��2 f / 4 PROPOSED W.M. LOCATION A - TREE TO BE REMOVED ° S ' _ GAG�r , / / d \ (3 METERS) \ S PROPOSED 34 — — — M II' /� t I ^) • - STORM DRAINAGE LINE r rn I Al / .V .�D� IIS I - SANITARY SEWER LINE I I - WATER LINE \ ;1.:\\ : . ' iiii �Z' 5' i�” 1 ° e / / i _/1 --''3 -„ 51k. M, / `341 . / -WATER LATERAL LINE >- f--- 4�'+rpAilir r 17/„.3,0,7:7/ °in -BOUNDARY SUBJECT PARCEL t}Loc° �' __ — —��� -'�' J / �"�� I rI?' -RIGHT OF WAY LINE # , g�.' • . r-- — _ —' — — — - RIGHT OF WAY CENTERLINE z �' '. r►~ . _,., �� �,. �'I •i I3g I �,/' I ❑ -FENCE a Q ei _-.1. LL W occ0..............0 / \ - = --- ! • �.!, .. I 349 - 1' CONTOUR LINE x n \ 1 ■fir i `� 1 FRAC "A ` 350 - s'CONTOUR LINE (71 PL TAT-1{ '/ 0.37 ,! --- ' `�� ���Ii1/!/' r �- EXISTING WALL >a xx x - EC FENCE 2 / / / i 77:0-000 3391I / / - VISION CLEARANCE TRIANGLE W N / TACTA� v I /� 0° .._____ _ ._ __Li 4491 ''''' .----.....,3 _____ ----- ( z „,4,„A Ay? '09 / / I y I (1) ,,e”, I I 10 / / / ° 33� / � �oo 0 ja 9 8 / / I I W W W CO / / ° I Q Q Q W 0 0 0 CK " EAGLE P t I NTE " / / I I — N — I 2 tiLI / / r )-- CO o N / / CL1 Z / / CUT / FILL TOTALS z W Woh j ' o / / I LiN `� > O Q / PROPOSED CUT CY o / / I GRAPHIC SCALE / I I PROPOSED FILL = * CY 20 0 10 20 40 CUT / FILL TOTAL = * CY FILL — ® memm r W LO o N DISTURBANCE AREA = * AC (IN FEET) i inch= zo ft. u; PROJECT SW 121ST L. NO. 285-008 TYPE PLANNING i Jzl Lo I .1 F 4 z I a= a © � - o ,02-'' lc ci'm 1 � w SANITARY SEWER I L� � STORM SEWER Z MANHOLE u . MANHOLE 4' RIM = 347.32 1-"" r , CPI c ao RIM =351.44' CJ wU IE INS = 339.08 " WHISTLERS WA K " IE IN S =345.09' 2 (4 IE OUT N = 338.94' 36 ...._,,,,i..4� 0 3; ���, IE OUT N =344.99' O x x 11111L Or o F1; 32 �, 33 34 35 3 wog a tri y, '+r N SDMH 1A Xco '`'``'`- Cr) xx \ I x ` _ -.- w 350 '�— .— It I xx xx 4c__—_ --,_ ,**II---, xx , iil wail, PROP. 8" STORM .51,-,- PI I I STORM WATER (/j N -- _____ a J aa� un MANAGEME - Or .._.._. ---- _` \ \ I ( — x ( f D14, 2-FILTER 0 X !1 mil 'f \ ►' \ ) x CATCH BASIN ° ''' \ 4 x f �, i 35f-- _____ , `�\ ' \ � ,,IEOUT = 351.60' I \ Pi ■i x y'p - STORM SEWER / === \ - Xi,00 MANHOLE I � ,/ "I �:.�5. \ s 1 III "I RIM =353.84' .I 3`�2 � � -,T E S IE INS =347.98' I N'?�< SAN LAT (TYP) ki \ -=== \ �. w� _IE OUT N =345.68 00 J / �--� — ` ••••■•/ X x 3 X STORM SEWER \ I ,\ I G MANHOLE r� H .. 1 \ , I , / EXISTING /A .� W RIM =354.50' 0 X �' / \ HOUSE I 3x I E IN S =348.80' �` `�' -� �' i / I `�R� x x �. '� IE OUT N =348.00' I � � , Fi> ad �.�"' \ 1111111111111111111111111111111111111111111111111111.11 X5t '`"�•3 z. STORM SEUiPC�R 355--- AD/ 152 ��':.�� / - 'CC xx x .__ CSS �/ TORM LE I h / • \ '�r A — .. il , r = . 456 / / / �` \ CO 340 !— CO STREET IE IN =34$.92 \ ( / / I 0+ 00 1 + 00 H Cr JN TERRACE S D \ O IE OUT -348 $2' ,mss / / .; V \ STOR EWER CXTCH �A N ,3 ! I XSS 0 I `� TRMEVVER ..� � - - \ ,� ' PL , /' C U R B I N LET / / 3 PROPOSED W.M. LOGAl1ON �S \ T.-GARAG A 1 , . RI► , =339.40' AT CU'B F E X 3 (3 METERS) SCALE: H: 1"=20',V: 1"=2' x S ' PROPOSED 1 i 1: " p;.51' r.r....r.a x A vk E P\ AO . .rrn "' / .:rrr■1■,� le 1 STORM SEWER SANITARY SEWER `rn ��/ _5N;M..M.." /f 3 // I 1! �'�, MANHOLE MANHOLE VW- i V Yu- i n 1 \ 1 S • �a�■�-� /, \ RIM =339.92 RIM = 355.97' / fANHOLEi 135• i 34; ,�'' pi �3 x .. I J IE INE =332.22' IE IN W - 350.97 1� / RIM = •..i9 `�j V IE IN W =332.42 1 .. Rtj 1 • �If 1 IEOUTN = 349.07 ` I - 1 �` 338532 e/� �� ,�a, ti ; IE OUT S =332.10il _ 1. / INS :.92' ir ' 4.1 � 0, X..... ..346 ......7 r IEO� = 82' �/ � 3 1 \ 44" I �'►11111111, -,,!'� ��� a� \ x, STORM SEWER CATCH BASIN � �l'_ O fl CURB INLET ' � ` '.NM/UM.-".'- - .•:,.�...-.t RIM =339.30' AT CURB FACE �� RAC "—A—"'---"'—'------- __." '— ''�1"``a • - / (�. ;�w �1�'�� . ""_.► illl — . 0' 350 IE OUT 332 5 I S PLA ATIQ !!� ' �^/ -•-�' �* w —[t1,� .a/�_ '1� IIS -------_ t aiii--,._ / TE ACES •+ ,,,, .. ... ...„_____„ m_._._.1..., \ f '". 'ROP• 8" �VJ D / �. 339 - 111 EXISTING WAIL SqN/TgRY �c�J', / / / >< X x x I X E X E - -----_. J TRACT A� liti I I '�: `-.,. _ _� !� hrli &/1-cn SANITARY SEWER � 3 / ` .r 3 MANHOLE �- m ���� �" RIM = 337.93' SS A2 - - C .. 38 ELECTRICALTORM SEWER ii q x IE OUT S - 320.63' col VAULT SSMH Al'/ / CATCH BASIN / XG i� 111 Lo co _ STORM WATER j ,RIM =344.35 MANAGEMENT / PM r1♦ i► 1<<;� 111 ' T z 9 g / IE OUT = 342.45' SINGLE FILTER �1 in/ o / A./ / CATCH BASIN X r RIM =340.73' l� LECTRICALcr " EAGLE P t I N T E '� IE OUT= 339.36' > D� Ilia VAULT / c7 / ELECTRICAL © X� X�� co owac;` VAULT o / / I c cn I Bo' Q Lo co X / / 7 I w w o o I / / O N Q 340 z U LEGEND (EXISTING) LEGEND (PROPOSED) a -BOUNDARY SUBJECT PARCEL 0 - CATCH BASIN/DRAIN INLET a - MAILBOX v - STORM DRAINAGE LINE ® - WATER VALVE -RIGHT OF WAY LINE © - STORM MANHOLE :0: - LIGHT POLE o o -RIGHT OF WAY CENTERLINE OT - TEL-MANHOLE < ,, m SANITARY SEWER LINE - WATER METER - WATER METER Q Q Q w - ggi - WATER LINE - STORM MANHOLE ❑ -WALL-FENCE QS - SANITARY SEWER MANHOLE CP _ COMMINiCAT10N PEDESTAL o 0 0 a _ XSS -SANITARY SEWER LINE "' - ELECTRICAL PEDESTAL 2 349 1 CONTOUR LINE O - SANITARY MANHOLE I-- &i ro 350 - 5'CONTOUR LINE - FIRE HYDRANT XSD -STORM DRAIN LINE ` -EXISTING CONCRETE P > - FIRE HYDRANT m m m Z I ill yYa X W -WATER LINE w W J d LIGHT PALE XCOM -EXISTING ASPHALT PAVEMENT - WELL R VALVE ¢ o Q xx xx - EC FENCE ?' - -UNDERGROUND COMMUNICATION LINE ; z �rrorr.r■ - MAILBOX XG -GAS LINE ® + 00 o Q 4 I -10'x 12' LIDA FACILITY X E -ELECTRICAL LINE r�,-UTILITY POLE W/GUY ANCHOR :......... APPROXIMATE LOCATION ;i; - CATCH BASIN %///////////// GRAPHIC SCALE - — -351— — -1'CONTOUR ❑ - DRAIN SANITARY SEWER LIN 20 0 10 20 40 "' Li' -AREA DRAIN -5'CONTOUR /, -EXISTING BUILDING :: inii', —350 iiiiiiiil 1111111 'v -CURB LINE SCALE:H: 1"=20',V: 1"=2' E w ( 1O h +' 111111 111111 111111 111.111111111111111 PROPERTY LINE ,',',' ,',' ,t _ 1 1 1 1 -EXISTING BRICK SURFACE 4.° (IN FEET) �I �L�1lilji t C- i inch= zo ft. — — -EASEMENT LINE :;-_,- TYPE ` -EXISTING ROCK SURFACE NO. 285-t8 PROJECT SW 121ST v Q`T_17,-; TYPE PLANNING