Loading...
HomeMy WebLinkAboutMLP2008-00006 N�TICE OF TYPE II DECISION ,� MINOR LAND PARTITION (MLP) 2008-00006 ° WHITE OAK PARTITION 120 DAYS =10 8 2008 SECTION I. APPLICATION SLTMMARY FILE NAME: WHITE OAIk PARTITION CASE NO: Minor Land Partition(MLP) MLP2008-00006 PROPOSAL: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into cwo lors of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-farrvly home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. While the applicant proposes to construct public improvements as part of the White Oak Village PD,the proposed partition is separate from the PD project. APPLICANT/ APPLICANT'S OWNER: White Oak Village,LLC REP: SR Design,LLC 7955 SW Hall Boulevard Attn: Jeff Caines,AIQ' Beaverton, OR 97008 8196 SW Hall Boulevard, Suite 232 Beaverton,OR 97008 ZONING DESIGNATION: R 4.5 (PD): Low Densiry Residential District with Planned Development overlay. 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. Dupleaes and attached single-family uniu are pernutted conditionally. Some civic and institutional uses are also pemutted conditionally. LOCATION: 11030 SW 74th Avenue;Washington CountyTax Map 1S136DB,Tax Lot 2300. PROPOSED PARCEL 1: 8,780 Square Feet. PROYOSED PARCEL 2: 8,500 Square Feet. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 1835C 18390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Nouce is hereby�iven that the City of Ti�ard Community Development Director's desi�nee has APPROVED the above request subject to cenain conditions. The findin�s and conclusions on which the decision is based are noted in Section V. NOTIC�OF DIRECTOR'S DEQSION MLP2008•00006/WHITE OAK PARTITION PAGE 1 OF 19 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PL.ANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EX'I 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to final plat approval, if joint access is proposed, the applicant shall submit a copy of a recorded reciprocal access and maintenance easement for Lots 1 and 2. 2. Prior to final plat approval, the applicant shall submit a revised development plan showing street trees per TDC 18.745.040 and include a note on their development plan that slight variations u1 placement may be required due to driveways,utilities, etc.,but every attempt will be made to keep the same net number of street trees that are shown on the development plan. 3. Prior to final plat approval, the applicant shall submit a revised development plan showing required buffering and screening south and east of the site consistent with Table 18.7452, Buffer Combinations for Landscaping and Screening. 4. Prior to final plat approval, the applicant shall transfer accurately the fencing and tree protecrion specificarions in the arborist repart to the site plans. The tree protecrion plan needs to address tree protecrion standards and methods for after construction. Specifically, they need to address acceptable landscaping practices and materials around preserved trees. This addirional informauon can be provided on the site plans as well. The revised tree protection plan must include a signature of approval from the project arborist. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-b39-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 5. � Public Faciliry Improvement (I'FI) permit is required for this project to cover the public sidewallcs and any other work in tlze public right-of-way. S� (6) sets of detailed public unprovement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addirion to any drawings required by the Building Division and should only include sheets relevant to public unprovements. Public Facility improvement (PFn permit plans shall conform to City of Tigard Public Improveinent Design Standards,which are available at Ciry Hall and the Ciry's web page (www.tigard-or.gov). 6. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entiry who will be designated as the "Permittee", and who will provide the ftnancial assurance for the public improvements. For example, specify if the enrity is a corporarion, limited parrnership, LLC, etc. Also specify the state within which the enrity is incorporated and provide t11e name of the corporate contact person. Failure to provide accurate informarion to the Engineering Deparnnent will delay processing o£project documents. 7. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construcrion phase. 8. The City Engineer may deterinine the necessity for,and require submittal and approval of, a construcrion access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building pernuts. 9. Prior to final plat approval, t11e applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineerin�. NO"11(;I.C)I�lliRl'sCl'OR'ti(�I�:CltilON �II,V2(H18-(NHNIG/WI II'1'I�:O,\K P:1R"I'I"CION 1'�\G1�.2Ol�19 10. The applicant shall subinit construction plans to the Engineering Department as a part of the Public Facilit� Improvement perinit, indicating that they will construct the following frontage improvements along SW 74 Avenue/Street "A" as a pan of this project: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; G streetlight layout by applicant's engineer,to be approved by City Engineer; and D. driveway apron (if applicable). 11. The ap�licant's PFI pern7it plans shall be revised to provide separate storm sewer laterals, with separate connections to the public storm sewer sy�stem. 12. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Impro��ement pernut. 13. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) pemzit drawings. The plan shall conform to the "Erosion Prevenuon and Sediment Control Design and Pluzning Manual, Febniary 2003 edition." 14. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global positiorung system (GPS) geodetic control network(GC 22) as recorded in Washington County survey records. These mornunents shall be on the same line and shall be of the same precision as requu-ed for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by. • GPS tie netaorked to the Cat�s GPS survey. • By random traverse using conventional surveying methods. 15. Final Plat Application Submission Reqtnrements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (C�ntact Plaruung/Engineering PemZit Technicians,at(503 639-4171,e�t. 2421). G The final plat and ata or narrative shall be drawn to the minimi�rn standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County, and by the City of T'igard. D. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the Ciry has reviewed the final plat and submitted comments to the applicant's surveyor. E. After the Ciry and COUnry have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdiv�sions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BLJILDING PERMITS: e app icant s prepare a cover etter an su mit it, a ong wi any suppomng ocuments an or p ans that address the tollowing re�quirements to the CURRENT PLANNING DIVISION, ATTN: C�ary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 16. Prior to building pernzits, the applicant shall submit a revised landscape plan showing a screen along the northern property line of Lot 1 in accordance with Section 18.745.050. 17. Prior to building pemuts,the applicant shall demonstrate the building height f or Lot 2 is consistent with Section 18.730.020.G NOTICE OF DIRECTOR'S DEQSION MLI'2008-D0006/WHITE OAK PARTTTTON PAGE 3 OF 19 18. Prior to demolition and buildin pern7its,the applicant shall position fencing as directed by the project arborist in his report dated May 28j 20�8 to rotect the trees to be retained. The applicant shall protect all trees and major vegetation to be retauied with �ive or six (5': 6') foot high chain link fences. Fences are to be mounted on two ulch diameter galvazuzed iron posts, driven uito the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall ensure all proposed tree protection fencing is installed and inspected bythe Caty Forester and allow access by the City Arbonst for the purpose of morutorin and inspection of the tree protecuon to verify that the tree protection measures are per�ornung adequately. �ailure to follow the plan, or inaultaui tree protection fencing u1 the designated locations shall be grounds for unmediate suspension of work on the site unt�l remediation measures and/or civil citations can be processed. Fencuig shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construcuon techniques to be empIoyed and the likely unpacts to the trees. The proposaI shall be reviewed and approved by the Caty Arborist bef ore proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arbonst shall be on site while work is occLU-rulg within the tree protection zone and submit a si.uruY�ary�report cert�fying that the work occurred per the proposal and will not significantly impact the health and/or stabihty of the trees. Tlvs note shall be included on the Tree Protection Plan. 20. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the Cary Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from irutial tree protecuon zone (TPZ) fenculg installation through the building construcuon phase. The reports shall evaluate the condition and location of the tree protection fencing, deternune �f any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TT'Z was reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, �ong-term health and stabiliry of the tree(s). If the reports are not submitted to the.City Arbonst at the scheduled uztervaLs, and if it appears the TPZ's or the Tree Protecuon Plan are not beuig followed by the contractor or a sub-contractor, the Caty can stop work on the project until an inspection can be done by the City Arborist and the Project Arbonst. 21. Prior to issuance of building pern�its, the applicant or builder shall submit site plan drawing s indicating the locations of trees that were preserved on the lot during site development. In addition, the pl-�ns shall include accurate locations of tree canopydnpluies and protection fencuig, and a sig nature of a�pproval from the project ar o�i-ist regarding the placement and construction techruques to be employ�ed in building the structures. All proposed protection fencuig shall be installed and inspected pnor to commencuig constn.icuon. The fencin shaIl remaul in place through the duration of all of the builduig construction phases, until the Certificate o� Occupancy has been approved. The applicant shall prepare a cover letter and submit it, alon with an_ysu ortin documents and/or plans that address the }ollowing requirements to the ENG�EERING �EP�TMENT, ATTN: -KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required info�nation is found: 22. Prior to issuance of building pernzits,the applicant shall pro��ide the Engineering Department with a paper copy of the recorded final plat. 23. Prior to issuance of building pernuts the public improvements in SW 74`}' Avenue must be completed by SUB2006-00010. If not completed, the applicant will be required to complete the improvements prior to issuance of building pemzits. 24. The applicant shall either place the existin� overhead utility lines along SW 74�' Avenue underground as a part of this pro�ect,or theyshall paythe fee ui-heu of undergrounding. The fee shall be calculated bythe frontage of the site that is parallel to the utility lines and w111 be $70.00 per lineal f oot. If the f ee option is chosen, the amount will be$3,850.00 and it shall be paid prior to issuance of building permits. 25. During issuance of the building pernut for Parcels 1 and 2,the applicant shall pay the sta.ndard water quality and water quantityfees per lot (fee amounts will be the latest approved byC,'WS). NOTTCE OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTTTION PAGE 4 OF 19 �I PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The aprlicant shall prepare a cover letter and submit it, alo with any supporting documents and/or plans that address the following requirements to the CURRE�T PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 26. 1'rior to tuial inspecrion for Lots 1 and 2, the applicant shall submit a final Yeport by the Project Arborist certifying the health of protected trees and tl�at the street trees were properly planted per the approved street tree plan. Tree protecrion measures may be removed and final inspecnon authonzed upon review and approval by the City Arborist. 27. Prior to final inspection for Lots 1 and 2, the a�plicant shall submit a letter to tlie Ci�y from Tualatin Valley Fire & Rescue (TVF&R) demonstrating t11at the e�usting fire hydrant is capable of providulg the necessary fire flow demand. 28. Prior to final inspecrion for Paxcel #2, the applicant/owner shall record a deed restricrions for both Parcels #1 and #2 to tlie effect that any e�sting tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a cernfied arborist. The deed restricrion may be removed or will be considered invalid if a tree preserved in accordance witll this decision should either die or be removed as a hazardous tree. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro�erty Histor� The subject properry is located withiri the City of Tigard. The property is designated Low-Density Residential with Planned Development (PD) overlay on the Tigard Comprehensive Plan Map. The subject property was originally developed with a single-family dwelling in 1952. In 2006 the subject properry was included in the White Oak Village Planned Development (PD) (SLTB2006-00010, PDR2006-00001, ZON2007-00001) to provide access from SW 74`'' Avenue. While the applicant will construct public improvements on the subject paxcel as part of the White Oak Village PD, the proposed parrition is separate from the PD project. Because of the small size of the parcel (.40 acres) and lack af any sigruficant natural resources, staff deternzined that the standards for planned development review are not applicable to the subject site and will not be required for this application. Site Information and Pro osal Descri rions The site is located w-ithin a large bloc with a perimeter of approxirnately 6,200 lineal feet, bounded by Highway 99W and Pfaffle on the south,SW 78�'Avenue on the west, SW Spruce Street on the nortli, and SW 71"Avenue on the east. The site is located at the ternvnus of SW 74�'Avenue south of Spruce Street. The subject site is bordered by developed land zoned R-12 (I'D) to the west,R-4.5 to the north,and GG to tlie east and south. The applicant is requesting approval to parrition one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. SECTION IV. PUBLIC COMMENTS The Ciry mailed norice to properry owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from Jun Milne regarcling the access linking the White Oak Village development with Hwy 99 w hich runs along properry belonging to Mr. Milne at 11643 SW Pacific Hwy. NO'l'1CI?OI�lliKl?(`1'OR'S llI�:CTtiION �f].P21X18-lHNll)C/WI IT'1'I(C)�AK V;V2777'i(lN 1'A(�I?5O1�19 RESPONSE: Mr. Milne raises issues regarding contractor impacts to his buildin� along an access way between the White Oak Village and Hwy99. The access is designed as a pedestnan and bicycle access with surface stormwater conveyance for the approved White Oak Village planned development. The proposed application for a muior land partiuon LS not adjacent to Mr. Milne's property and is not related to his concems. Al Dickman, Cit��Engineering Department, has relayed Mr. Milne's concerns to Len Dalton, owner of the White Oak Village project for resolution of the issue. SECTION V. APPLICABLE REVIE W CRITERIA AND FINDINGS Planned Developments (18.350.020.C.5� In the case of an existing planned development o��erlay 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 wl�icl� apply to the particular land use application. The decision for White Oak Village Subdivision (SUB2006-00010, PDR2006-00001, ZON2007-00001) approved a PD overlay on three parcels. The subject parcel was required for an extension of SW 74`''Avenue for access to the proposed development on the other two parcels. The subject parcel contained an e�sting residence that was retained and situated such that the access improvements could be made without any conflicts. The access improvements on the subject lot for the benefit of White Oak Village have been completed. Therefore, this application for a minor land partition is subject to the Land Partitions Chapter(18.420) and the applicable specific development standards in Title 18. Land Pattitions (18.420� The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion�s met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the proposal. Therefore,this cntenon�s met. All proposed improvements meet City and applicable agency standards;and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the pernzit process and during construction, at wluch tune the appropnate review authority will ensure that Ciry and applicable agency standards are met. Based on the analysis in this dec�sion,Staff finds that this crnenon is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning distric� The m�n�mum lot width required for the R 4.5 zoning district is 50 feet. Parcel # 1 is 90 feet in width; parcel #2 is 85 feet wide. Therefore,this cntenon has been met. The lot area shall be as required by the applicable zoning distric� In the case of a flag lot, the accessway may not be included in the lot area. The minunum lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached single-familyunits. The proposed partiuon creates two (2) lou that are 8,780 square feet (Lot 1) and 8,500 square feet (Lot 2). The access for Lot 2 �s through an easement over Lot 1. The easement�s 1,200 square feet in area,wluch leaves a 7,580 square feet not including the access,consistent with this standard. NOTIC�OF DIRECI'OR'S DEQSION MLI'2008-D0006/WHITE OAK PARTITTON PAGE 6 OF 19 1 ;:���� ^ Each lot created tlu-ough the pattition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement The pro�osed partition plat (Sheet 2 of 3) illustrates that the proposed parcels meet this standard as Lot 1 has 60 feet and Lot has 20 feet of}rontage on SW 74�'Avenue. Setbacks shall be as required by the applicable zoning distric� Setbacks for the R 4.5 zoning district are as follows: front = 20 feet; side = 5 feet; side on a corner = 15 feet; and rear =15 feet. The applicant has proposed to remove the existing dwelling.The app licant shows building envelop es for Lots 1 and 2 cons�stent anth the setbacks required in the R 4.5 zonulg distnct. Setback standards for proposed Lots 1 and 2 will be reviewed at the time of building pernut submittal. Therefore,this cnterion is met. When the partitioned lot is a flag lot,the developer may determine the location of the front yard, provided that no side yard is less than 10 fee� Sttuctures sliall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Lot 2. The building envelope is shown on the Prelimuiary Layout (Sheet C2) which identifies the north as the front wnh a 10-foot side yard to the west and a 23-foot side yard to the east, cons�stent with this standard. A screen shall be provided along the propeity line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot m accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The proposed paved drive for Lot 2 would be located within 10 feet of the adjacent property to the north. The applicant proposes a fence or other screening but does not show it on the Prelulunary La}�ut. Tlus standard requires a screen along the propetry line of a lot of record where the access drive is within 10 feet. Thereforer as a condition of appro��al the appl�cant shall submit a revised landscape plan showing a screen along the property line ui accordance with Secuon 18J45.050. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The fire district ('I'VF&R) has reviewed the proposal and has not required an additional fire hydrant. However,TVF&R did state that the ex�sting fire hydrant shown on the submitted drawulgs must be capable of providing the required fire flow demand. Therefore, as a condition of approval, the applicant shall submit a letter to the Caty from TVF&R demonstrating that the ex�sting fire hyrlrant is capable of provid-ing the necessary fire flow demand. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant states that access to proposed Lot 1 has not yet been deternzined but ma�y include a joint access with the access proposed for L.ot 2. There}ore, if joLnt access u proposed, the applicant shall subinit a copy of a recorded reciprocal access and maintenance easement. Any access way shall comply with the standards set forth in Chapter 18.705, Access,Egress and Circulation. This standard is addressed under Chapter 18J05 (Access,Egress and Circulation) later in this decision. Where landfill and/or develo ment is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration o�the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/b�cycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject lot has an elevation between 250 feet on the west to 255 feet on the east. The nearest floodplaui is located approxirnately3,400 feet northwest at an elevation 170 feet. Therefore,this standard does not apply. '�IOTI(�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PAR`ITTTON PAGE 7 OF 19 An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustrnents. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. The applicant has not applied for a variance. Therefore,this standard does not apply. FINDING: The proposed minor land partition meets,or can meet,all of the relevant standards of the land partition section as uidicated in the above f indings and required in the f ollowing conditions of approval. GONDITTONS: . If joint access is proposed,the applicant shall submit a copy of a recorded reciprocal access and iY�auitenance easement for Lots 1 and 2. . The applicant shall submit a revised landscape plan showing a screen �long the north property line of proposed Lot 1 in accordance with Section 18.745.050. . The applicant shall submit a letter to the Ciryfrom TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary fu-e flow demand. Residential Zoning Districts (18.510� Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Paccel 1 I'a�e12 Minimum Lot Size - Detached unit 7,500 sq.ft 8,780 sq.ft. 8,500 sq.ft. - Duplexes 10,000 sq.ft� (7,580 sq.ft. -Attached unit w/o access Average Minimum Lot Width - Detached unit lots 50 ft. 90 ft. 85 ft. - Duplex lots 90 ft. - Attached unit lots Maa:imum Lot Covera e - NA NA Minimum Setbacks - Front yard 20 ft. 20 ft. 20 - Side facing smeet on comer&through tots L5 f� NA NA - Side yard S ft. 5/5 ft. 10/23 ft. - Rear ya�i 15 ft 15 ft. 15 ft. - Side or rear yacri abutting more restrictive zoning district -- NA NA - Distance between property line and front of garage 20 ft. 20 ft. 20 fc. - Side Ya�Setbacks for Fla Lots TDC 18.420.050 A 4 e 10 fL NA 10/23 ft. Maximum Hei ht 35 ft. TBD 35 TBD 35 Minimum Landsca e Re uirement - NA NA FINDING: Prop os�ed Lots 1 and 2 can meet the development stanciards for the R 4.5 zone based on the Prelunuiary Layout (Sheet C2). The development will be subject to review and approval at the time of building pernut appl�cation. Access,Egress and Circulation(18.705�: Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this tide are cont�nuing requirements for the use of any structure or patrel of real propetty in the City. The standards of this chapter will be a continuing obligation on the owners of these parcels. Section 18.705.030.H.1 states tliat an access report shall be submitted with all new develop ment proposals which verifies design of driveways and streets are safe by meeting adequate stackin�g needs, sight distance and deceleration standarrls as set by ODOT, Washington County,the City and AASHTO. NOTI(�OF DIRECI'OR'S DEQSION MLI'2008-00006/UG�I-IITE OAK PARTITION PAGE 8 OF 19 r ,�� :�,.'� t� The access for this two lot partition is at the eye-brow corner of SW 74th Avenue and "A" Street (under construction with the White Oak Subdivision). The applicant's engineer, SR Design, submicted a prelinunary sight distance certification, dated May 29, 2008. The streets are both classified as local streets with speed limits ot 25 mph, which requires a muvmum of 250 feet sight distance in each direction from the access points. The engineer states sight distance from the access points to the north on 74th Avenue was measured to be in excess of 250 feet. The sigh�t d�tance to the west in the direction of Street "A" was not deternvned since the street is not fully constructed at this time. The access points, however, are directly opposite Street "A", posing no sight distance impediments. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or aiterial street intersections. Influence area of intersections is that area where gueues of traffic coiTUnonly foml on approach to an intersection. The minimum driveway setback from a coIIector or arterial street intersection shall beL50 feet, measured from the right-of-way line of the intersecting street to the throat of the roposed driveway. The setback may be greater dependin upon the influence area, as detemiined from �ty Engineer review of a traffic impact report submitted by�e applicant's traffic engineer. In a case where a pro�ect has less than 150 feet of street frontage, the applicant must explore any o�ption for shared access w�th the adjacent pamel. If shared access is not possible or practical, the driveway sfiall be placed as far from the intersect�on as possible. 74th Avenue is classified as a local street. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet The minimum s acin�of drivewa�ys and streets alon an artenal shall be 600 fee� The minimum spacing of local streets along a local street shall be 125 feet g No streets are proposed. Therefore,this criterion does not apply. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize joindy the same access and egress when the combined access and egress of both uses, structures, or�pa�els of land satisfies the combined reyuirements as desi nated in this tide, provided: Satisfactory legal evidence shall be presented in the fomi of deeds, easements,�eases or contracts to establish the �oint use; and copies of the deeds, easecnents,leases or contracts are placed on permanent file with the City. The applicant states that access to proposed Lot 1 has not yet been deternuned but rna�y include a joint access with the access proposed for Lot 2. There}ore, if joint access i� pro_posed, the applicant shall submit a copy of a recorded reciprocal access and maintenance easement.A cond�tion has been imposed to this effect. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I 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 cont�nuous basis. The applicant proposes direct access to SW 74`�Avenue,a public street. Therefore,this standard is met. Minimtun access reyuirements for residential use. Private residential access drives shall be provided and maintained in acco�iance with the provisions of the Uniform Fire Code. Each parcel will have a standard driveway with direct access to SW 74`'' Avenue on flat land. Comments received from Tualatu-i Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, chis standard is met. Access drives in excess of 150 feet in length shall be provided with app roved provisions for the turning around of fire apparatus by one of the following: a) A circular, paved surface Fiaving a minimum turn radius measured from center point to outside edge of 35 feet; b) A hanunerhead-configured, paved surface with each leg of the hainmerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The ma�umum cross slope of a required tumaround is 5%. The access drive is shown as 60 feet,consistent with this stacidard. NOTIC�OF DIRECTORS DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 9 OF 19 To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of dnveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles• or cause hazardous conditions to exist which would constitute a clear and present danger to the pu�lic health, safety, and general welfare. SW 74th Avenue is a local street serving a low and medium density�residential neighborhood. There is no reason to restrict the location of the proposed additional driveway.Therefore,this standard does not apply. FINDING: The standards of the Access Management chapter(18J05) have been satisfied. DensitXComputations (18.715� A. Definition of net development area. Net developinent area, in acres, shall be deternuned by subtractin� the following land area(s) from the gross acres, which is all of the land included in the legal descnption of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed forpnvate streets;and 5. A lot of at least the size required by the applicable base zoning district, if an e�sting dwelling is to remain on die site. B. Calculating maximum number of residential units. To calculate thc 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 distric� G Calculating minimum number of residential units. As re quired by Section 18.510.040, the minimum number ot residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsect�on B above by 80% (0.8). The subject .40-acre parcel totals 17,280 square feet. There are no sensitive land areas or private streets within the subject proposal. Since publ�c right-of-way dedication and un rovements occurred with the adjacent White Oak Villa e development, the net developable area is 17,280 square �eet. As the ininirnum lot size for the R-4.5 zone is 7,50�square feet, the rnaxunum number of lots is 2 (17,28D/7,500 square feet =23 lots). The m;n;mum number of lots is one (2 x .80 = 1.6). Pursuant to 18.730.050.E the lot area for a flag lot shall be provided entirely within the building site area exclusive of any access way. The area for Lot 1 as proposed �s 8,780 square feet cons�stent wrth this standard. The proposed partition creates two (2) separate lots ul conformance with the densityrequirements. FINDING: Based on the analysis above,the Density Computation Standards have been met. Buildin� Heights And Flag Lots (18.730.020.C� Li�nitat�ons on the placemen o residential structures on flag lots apply when a flag lot is created after April 15, 1985 by an approved partition. The maximum height for an attached or detached single-family, du.plex, or mult�ple-family residential structure on a fla lot or a lot having sole access from an accessway, pnvate drive or easement is 1-1/2 stories or 25 feet, w�ichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning distnct; b. A 10 feet side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the and�ect dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; NOTIC�OF DIREGTOFt'S DEQSION MLP2008-00006/WHITE OAK PARTITION PAGE 10 OF 19 `;;� . �;;: d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. 3. Where an agreement is made to plant trees capable of mitigatin� direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.3 0.030 D. 4. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review for three or more attached umts or a multiple-family residential structure, or, at the time of issuance o� building permits, for single detached units, one duplex or two attached residential units. FINDING: The applicant has shown in the Preliininary Layout (Sheet C2) that 10-foot side yards will be preserved. It appears that dwellings on adjacent properaes maynot be more than 50 feet from the building envelope. Therefore, the flag lot height limitation may apply to the proposed flag Lot 2. The setbacks must be confirmed at the time of bwlding permn review. To ensure th�s standard is met, the applicant shall demonstrate the building lieight is cor�sistent with the Section 18J30.020.G CONDITT ON: • Prior to building pernuts,the applicant shall demonstrate the building height for Parcel #2 is consistent with the Section 18.730.020.0 Landsca�in�and Screenin� (18.745� Existing vegetation on a site shall be protected as much as possible: 1) The developer shall provide methods for the protection of existin� vegetation to remain during the construction process; and 2) the plants to be saved shall be noted on the I�andscap e plans (e. ., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees�. The applicant's Preluninary Layout (Sheet C2) shows tree protection fencing for existing on-site trees and trees on adjacent parcels,consistent with th�s standard. Street Trees Section 18.745.040.A: All development projects frontin� on a pu�blic street, private street or a private driveway more than 100 feet in length approved after the adopt�on of this tide shall be required to plant street trees in accordance with the standards in Section 18.745.040C This requirement has not been met. No street trees are shown on the 74`t'Avenue/A Street frontage. There appears to be sufficient room for one street tree in the�plantin strip between the two water meters. The applicant states that street trees may be planted with the White Qak ViIlage(P�),but no street trees were included in those plans. The applicant shall include a note on their development plan that slight variations in placement may be required due to driveu�a}�s, ut�ties, etc., but every attempt will be made to keep the same net number of street trees that are shown on the Street Tree plan. Bufferin and Screening Requirements Section �8.745.050: But�er Matrix. The Buffer Matrices contained in Tables 18J45.1 and 18J45.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; Th�roposed land partiti�n�ccurs on a parcel zoned R 4.5. The adjacent zone to the east and south is GG.Accorciin� to 1�able 18J45.1 Buffer Matr-ix, when an ex�sting/abutting use is a GG zone or a parking lot, a Level C buffer �s required. The Pre�urunary Layout (Sheet C2) does not show any buffering or screenuzg,. Therefore, the applicant shall subirut a rev�sed plan cons�stent vcrnh Table 18J45.2,Buffer Combinauons for Landscaping and Screenuig. FINDING: The landscape and Screening standards have not all been met. However with conditions of approval requinng street trees and buffering of adjacent uses,these standarc�s can be met. NOTIC�OF DIRECTOR'S DEQSION MLPZ008-00006/WHITE OAK PARTITTON PAGE 11 OF 19 CONDITTONS: . The applicant shall submit a revi�ed develo�ment plan showing street trees per TDC 18J45.040 and include a note on their development plan that slight vanations in placement may be required due to driveways, ut�hues, etc., but every attempt will be made to keep the same net number of street trees that are shown on the Street Tree plan. . The applicant shall submit a revised de�.elopment pl�an showin required buffering and screerung south and east of the site cons�stent withTI'able 18.74�2,Buffer Tree Removal(18.790� A tree plan or the plant�ng, retnoval and protection of trees prepared by a certified arborist shall be provided for an lot, atrel or combination of lots or parcels for which a development ap lication for a subdivision pactition, sitpe develo pment review, planned develo pment or conditionaI use is tiled. Protection is preferrec� over removal wherever possible. As required,the applicant has provided a tree plan conducted by Phil H�ickey,a certif ied arborist which meets all the required elements except a protecuon program defuung standards and methods that will be usec�bythe.a plicant to protect trees during and after construction. All existing trees w�ll be retained;therefore no mitigation�be required. The fencing and tree protection specifications in the arborist report need be transferred accuratelyto the site plans. The tree protection plan needs to address tree protecuon standards and methods for after construction. SpecificaIly,they need to address acceptable landscaping practices and materials around preserved trees. This additional inforn�ation can be provided on the site plans as a�ell. Finally,the revised tree protection plan needs to include a signature of approval from the project arborist. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out�n a tree plan, in accordance with Section 18.790.030, or as a condition of a� pproval for a conditional use, and shall notbe subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified a�orist The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a haza�ious tree. The form of tlus deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Based on the anal}�sis above, the Tree Removal Standards have not all been met. In order to meet these standards,the applicant shall satisfythe following conditions of approval: CONDITTONS: . The applicant shall transfer accurately the fencing and tree protection specifications in the arborist report to the site plans. The tree protection plan needs to address tree protection standards and methods for after construction. Spec�fically, they need to address acc�eptable landscaping practices and materials around preserved trees. Tlvs additional ic�ornlation can be provided on the site plans as well. The revised tree protection plan must include a signature of approval from the project arborist. . The applicant shall position fencing as directed by the �project arborist in his report dated N1ay 28, 2008 to protect the trees to be retained. The applicant shall protect all trees and major vegetauon to be retained with five or six (5' - b') fooc high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts, dnven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall� position fencing as directed bythe project arborist to rotect the trees to be retained. The applicant shall allow access by the City Arborist �or the purpose of monitoring and inspecuon of the tree protecuon to venfy that the tree protection measures are perfomiing adequately. Failure to follow the plan, or maintaui tree protection fencing ui the designated locauons shall be grounds for irnmediate suspension of work on the site until remediation measures and/or civil citations can be processed. NOTIC�OF DIRECI'OR'S DEQSION MLI'2008-00006/VG'HITE OAK PARTITION PAGE 12 OF 19 ,. � ,. . If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techruques to be emp loyed and the likely uiipac.ts to the trees. Tiie proposal shall be reviewed and approved b the Caty Arbonst betore proposed work can proceed within a tree protection zone. �e City Arborist may requu-e changes prior to approval. The project arbonst shall be or_site while work �s occurnng within the tree protecuon zone and subrrut a sLUru7�ry report certifying that the work occw�t-ed per the proposal and will not significandy impact the health and/or stability of the trees. T1us note shall be included on the Tree Protection Plan. . Prior to issuance of building pern�its, the applicant or builder shall submit site plan drawings indicating the locauons of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the pro'ect arbonst regardu-ig the placement and construcuon techrug ues to be employed ui �uilding the structures. AIl proposed protection fencuz shall be installed and inspected pnor to commencing construction. The fencing sh� rernain in place through the durauon of all of the building construcuon phases, until the Certi{icate of Occupancy has been approved. . Prior to final inspection for each lot, the applicant shall submit a final repott by the Project Arborist certify�ng the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and fmal inspection authorized upon review and approval by the City Arborist. . The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted wntten reports to the C,�ry Arborist1 at least once every two weeks, as the Project Arborist morutors the construcuon activities from initial tree protection zone (TPZ) fenculg installation through the building construction hases. The repons shall evaluate the condition and location of the tree rotection �encing, deterrrune �f any changes occurred to the TPZ, and if any part o�the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely unpact the overall, long-term health and stability of the tree(s). If the reports are not subrrutted to the Ciry Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protecuon Plan are not being followed by the contractor or a sub-contractor, the Caty can stop work on the project unt�l an u�specuon can be done by the City Arborist and the Pro�ect Arbonst. . Prior to issuance of any Certificates of Ckcupancy, the applicant/owner shall record deed restrictions to the effect that any e�sting tree greater than 6" diameter may be removed only if the tree dies or is hazardous accorduig to a ceitified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. V'isual Clearance Areas (18J95� This Chapter mquires t a clear vision area shall be maintained on the corners of all property adjacent to intersecting nght-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicIe hed e pl�antin fence, wall structure, or temporary or pernianent obstniction exceeding three (3) feet in heig�t �I'he coc�e provides that obstructions that may be located in this area shall be visualry clear between three (3) and eight(8) feet in height Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area fomied by measurin from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points wi�a straight line. FINDING: The applicant's Prel'unulary Layout (Sheet C2) shows the vision clearance area for the access for the proposed Lot 2,cons�stent wnh this standard. Impact Study_(18.390) Section 18.360.090 states, "The Director shall make a finding with res�ect to each of the following criteria when approving, approving with conditions ordenying an application: ' N(�'IIC:E OF DIREC,TOR'S DECISIUN MLd'2008-00006/WHI'IF.OAK 1'AK'I1"IT(�N 1'AC1E 13 Uf�19 Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of developinent on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems,and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of way dedication, or�rovide evrdence that suppocts that the real ropeity dedicat�on is not roughly proportional to the projected impacts of the develo ment. Section 18.390.�40 states that when a condition of ap roval requires tlie transfer to the public of an interest in real property,the approval authority shall adopt findn gs whicFi support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. SW 74th Avenue.is cun-ently partially improved and will be fully improved per SDR2006-00010. The applicant will be extending sarutary sewer and storm dr�au�age c�nnecuons to the two parcels to account for the additional impervious area being added to the site and to mitigate for the loss of the present septic drain field. Sewer is already available and has sufficient capacity to serve the development. Other unpacts to public facilities are offset bythe collection of Systems Development Charges (SDC's) collected at the time of building perniit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this decision. The TTF will be paid at the time of building pemiits and is a mitigation measure required for new development. Based on Washin on(:oun figures TIF's are ex�pected to recapture 20 percent of the traffic impact of new development on the Collector and Arterial Street system �I.he TTF for the proposed development is $3,020 (1 new dwelluig unit x $3,020/per dwelling unit). Based on the estimate that TTF fees cover 20% of the impact on major street improvements cityvvide, a fee that would cover 100% of this pro'ect's traffic imp act is $15,100 ($3,020 =0.20). The difference between the TIF paid and the full impact is considered t�e uruniti ated impact on the street system The iuinutig ated impact of this project on the transportation system is $12,080�$15,100 - $3,020). The apphcant is not required to dedicate any property and u not anticipated to uzcur any mitigated costs. Therefore,the requu-ed unprovements meet the rough proportionaliry test. PUBLIC FACILITY CONCERNS Street And Utility Im rovements Standards (Section 18.8101: Chapter 18.810 provi�es construction standards �or the implementation of public and private facilities and utilit�es such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Sect�on 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E rec�uires a Neighborhood Route (without bike lanes) to have a 54 toot right-of-way width and 32-foot paved sect�on. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies ad'acent to SW 74th Avenue and "A" Street, which is classified as a local street on the City of Tigard Transportation �lan Map. The right-of-way for the eye-brow corner was dedicated with the land use for SUB 2006- 00010,Wlute Oak Subdivision. SW 74th Avenue (eye-brow corner) is currendy not improved. However, SUB2006-00010 has been conditioned to complete these unprovements. The public street unp rovements as required by SUB2006-00010 must be complete prior to issuance of building pernuts in order to mitigate the impact from this development. NOTICE OF DIREGTOR'S DEQSION MLI'2008-00006/WHITE OAIC PARTITION PAGE 14 OF 19 Future Street Plan and E�ension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existin and proposed future streets from the boundaries of the proposed land division. This section also states �at where it is necessary to give access or permit a satisfactory future division of ad'oining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade sha� be constructed at the end of the street These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining �roperty is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street constn.iction cos� Tem orary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess o�150 teet in length. Due to e�usting development and access control on H�ighway 99 there are no opporcunities to provide future streets or extensions of streets. Grades and Cun�es: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street(except diat local or residential access streets may have seg ments with grades up to 15% for distances of no greater than 250 feet}. Centeriine radii of curves shalI be as determined by the City Engineer. The grade along the 74�'Avenue frontage does not exceed 12%,therefore this criterion is met. Block Desig ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convement access, circulation, control and safety of street traftic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except • Where street location is precluded by natural topography, wedands or other bodies of water or, pre- existing development or, • For blocks adjacent to arterial streets,liinited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. No new streets are being created with this partition.Theref ore,this standard is not applicable. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or ri ht-of ways shall be provided when full street connection is not.possible. Spacing between connections shal�be no more than 330 feet, exce�t where precluded by environmental or topographical constraints, existing development pattems, or stnct adherence to other standarcls in the code. Similarly,since no streets are being proposed, and no connections are required,this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the pamel is less than 1.5 times the minimum lot size of the applicable zoning district Proposed Lots 1 and 2 are less than 1.5 times the mulun lot size and are exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on public or private streets, other than an alley. In the case of a land partition, 18.420.OSO.A.4.c ap lies, wluch requires a parrel to either have a minimum 15-foot frontage or a mimmum 15-foot wide reco�ed access easement� In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet� The�roposed development is a minor land partition.Proposed Lot 1 has 60 feet of frontage on SW 74�' Avenue;Lot 2 has 0 feet of frontage on SW 74th Avenue.�herefore,tivs criterion is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standa�s and be located on both sides of arterial, collector and local residential streets. Private streets and industrial stneets shall have sidewalks on at least one side. NOTTC�OF DIRECTOR'S DEQSION :vILP2008-00006/WHITE OAK PARTITION PAGE 15 OF 19 The public sidewalk is required as a condition of SUB2006-00010. The�applicant has a�reed to bond for the sidewalk along this project frontage while the homes are under construcuon. The applicant shall provide for this bonding through the Cat�s PFI pernut process. Sanitary Sewets: Sewe� Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new develo ment and to connect developments to existin mains in accordance with the provisions set forth in Design and Construction Standards}or Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing S inch sanitary sewer line in SW 74th Avenue. The applicant's plans show separate laterals for each lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culveit or other drainage facility shall be lar�e enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the developmen� The City Engineer shall approve the necessary size of the facility based on the pro� visions of Design and Construction Standards for Samtary and Surface Water Management�as adopted by �:lean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage wa�s that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff result�'ng from the development will overioad an e�rist�ng 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 Constructi�n Standards for Sanitary and Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revis�ons or amendments). In 1997, C1ean Water Services (CVU�) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective imp ervious area reduction prog ram resultin in no net increase ui storm peak flows up to the 25-year event. The City a�11 require that all new developments res�tin in an uicrease of impervious surfaces provide onsite detenuon facilities,unless the develo�pment is located adjacent to�anno Creek For those developments adjacent to Fanno Creek,the storm water runoff wiIl be pemiitted to d�scharge without detention. The G�X/S standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quantity faciliry to accommodate detention of the storm water from Lots 1 and 2. Rather, the G�X/5 standards provide that applicants should pay a fee in-lieu of constructing a faciliry if deemed appropriate. Staff recommends payment of the fee in-lieu on this appl�cation. The ap licant's plans show the two private laterals combining into one prior to connecting to the public storm line. T�us �not be allowed. The PFI Perrrut plans shall be revised to provide separate laterals with separate connections to the public storm sea�er main. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments ad'oinin proposed bikeways identified on the Cit}�s adopted pedestrian/bikeway plan shall include provisions �or the�ture eactension of such bikeways through the dedication of easements or nght-of-way. SW 74`}'Avenue is not classified as a bicycle facility. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 16 OF 19 Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, conununication, lighting and cable television sennces and related facilities shall be placed undet�ro� und, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporaiy utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the unde round services; . The �ty reserves the ri�ht to approve location of all surface mounted facilities; . All underground utilit�es, including sanitary sewe� and storm drains installed in streets by the developer, shall be constructed�pnor to the surfacing of the streets; and . Slubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where et:isting utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-groundin� the ut�lities outweighs the benefit of under-grounding in conjunction with the development The detemunat�on shall be on a case-by-case basis. The most common, but not the only such situat�on is a short frontage development for which under- rounding would result in the placement ot�additional poles, ratherthan the removal of above-ground utilities�acilities. 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 propetty shall pay a fee in-lieu of under-grounding. There are existing overhead utilirylines along the frontage of SW 74th Avenue. If the fee in-lieu is proposed, it is egual to $70.00 per lineal foot of street frontage that contair�s the overhead lines. The frontage along this site is 55 luieal f-eet; therefore the fee would be $3,850.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water Qualit�: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Desi�n and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construct�on of on-site water quality facilities. The facilities shall be designed to remove 65 per�cent of the phosphon.is contained in 100 perrent of the stonn water runoff generated from newly created �mpervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The C'W5 standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water qualiry facility to accommodate treatment of the storm water from Parcels 1 and 2. Rather, the C�X/S standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavatin�, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City pemiits. The applicant shall submit an erosion control plan with the PFI pemut application. Address Assignments: The Ciryof Tigard is responsible for assigning addresses for parcels within the Ciryof Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the Cityprior to final plat approval. NOTICE OF DIRECTORS DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE ll UF 19 Survey Rec�uirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the Cit�s global positioning systern (GPS) geodetic control network(GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to conven ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by. . GPS tie networked to the Cit}�s GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each stnicture (marilioles, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coorduiates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS City of Tigard Building Department has reviewed the proposal and has not objections to it. City of Tigard Public Works Department was notified of the proposed partition but did not comment. City of Ti ard A�fiorist has reviewed the proposal and the applicant's tree removal plan,conducted by a certified arborist,P� I�ickey. The report does not contaui all four of the required components, and, �s therefore,unacceptable. The City Arborist comments have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Verizon Wireless reviewed the proposal and stated that "Verizon has current facilities that will be impacted. The developer will need to request a disconnect for the building that is to be removed. A 5 foot easement on the west property luie is indicated but none on the adjacent Lot 27 and Tract D. C,�u7-ently, Verizon has a pole in that area is the ciryvacauon the previous easement that allowed placement of that pole. Can it be move to the 5 foot easement?" RESPONSE: The plans show a 6-foot PL1E on the west property line which continues on to the adjacent Tract D and from there along the frontage of Lot 27. Pursuant to Section 18.810.120.0 the Gty requires undergrounding of utihues. Funu-e service to the subject lots will require underground service ui the public utiliry easement as shown on the plan. Clean Water Services has reviewed the roposal and issued a Sensitive Area Pre-Screening Site Assessment, File No. 08001251 on May 28 2008. CWS reques�ted clarification on the storm connection planned for the proposed lots and the definition of tlag iots as it relates to the proposed access easement over proposed Lot 1 for the benefit of proposed Lot 2. RESPONSE: The C,'WS standards include a provision that would exclude small projects such as residential land partitions. It would be impracucal to require an on-site water quanuty facility to accommodate detention of the storm water from Lots 1 and 2. Rather the C�X/S standards prov�de that applicants should pay a fee in-lieu of constructing a facility if deemec�appropriate. Staff recommends payment of the fee in-lieu on this application. The ap licant's plans show the two private laterals combining into one prior to connecting to the public storm line. Tlvs � not be allowed. The City has conditioned the apphcant to revue the PFI Perniit plans to provide separate laterals with separate connections to the pubhc storm sewer maul. TDC 18.120.030.90.c allows flag lots to ga.in access through an easement across the frontage lot,as proposed. Tualatin Valley Water District has reviewed the proposal and has not objections to it. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE I8 OF 19 Tualatin Valley Fire and Rescue submitted a comment letter dated June 23, 2008 endorsing the subject proposal predicated on the following criteria and conditions of approval: 1) SINGLE FAMILY DWELLINGS- REQUIRED FIRE FLOW: The minunum available fire flow for single f amily 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 deterinined according to IFC Append'u�B. (IFC B 105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision• THIS DECISION IS FINAL ON JULY 31,2008 AND BECOMES EFFECTIVE ON AUGUST 15, 2008 LJNLESS AN APPEAL IS FILED. �eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are othervvise adversely affected or aggrieved b T the decision as provided in Secuon 18.390.040.G.1. may appeal this decision in accordance with Section 18390.O�O.G.2. of the Tigard Community Development Code which pr�vides that a written appeal together with the re�quired fee shall be filed with the Director witlun ten (10) business days of the date the Notice o} Dec�sion was mailed. The appeal fee schedule and forn�s are available from the Plannuig Drv�sion of Tigard Ciry Hall, 13125 SW Hall Boulevard,�igard,Oregon 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues ident�fied in the written comments subirutted by the parties during the comment period. Additional evidence concernuig �ssues properly raised in the Notice of Appeal may be subriutted by any party dunn.g the appeal hearing, subject to any additional rules of procedure that maybe adopted f rom tune to tune by the appelIate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 14, 2008. estions: I y�u ave any questions,please call the Cit}�of Tigard Pla�uung Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at (503) 639-4171. / � a �� ul 31 2008 PREPARED BY: ary Pa enstecher �DATE Assoa e Planner i:\cwpin\gary\minor land parcirion\m1p2008-OD006(white oalc�\mlp?008-00006 decision.doc NOTIC�OF DIRECTOR'S DEQSION MI.P2008-00006/WHITE OAK PAR7ITION PAGE 19 OF 19 . , __:=-�--Y;— _ � �_i UAK _�_ —�-- -.-- r--r---r- —�__-_ _sT_ _ 1_ i- � � I �---' - � -- '--;�--i T`-� ' I i ' � � ; , � � i ' � j ; � �EO�RAN� � ,� �,NMA ��� S,S,E., � ' � � ! i , , � ! ;--r-- �-- _ _ . _ ___ �----� i i � VICINITY MAP ! --�' � � � I�i i I � j =^ ; � , -----�- -----� � � �'. r - ° ! ; i I^'-;---�-__�-- --1�----�— �— -- —1 r__ - �-- ��-' <! , � �—; � �:-- ��-,�� F- � � r � I w; —i � a� �-..__" .__ � I I I� �_� j'� I � I� ' � I I � I I I '�Q i � ' I I I_.. >fli ____�_���� -- _ .� ___�._� I -I-�_� I _---_ I __._! I I�i I � p� , --r � PINE -- - - - --��--1--�-��; MLPZOOO 00006 —r �, i �--,-- � sT _ i , — - ' ———————— � i � , � —— �— —————————— i � � I � � I I —T�__' I�_ � � � i� � � i ; � ! ; L-� � I � —J � ! ' ' � ' '� �---� �---!-�--�- � J� � -! �� �� � _ WI�TE OAK � i � �I � _ � � � � ' �;- - - � ��� ;I PARTITION � I�1�( � i `?-, � �---��I � ' ��. �� I ' � J -1_ J �I � � �P ST __ � ; � I / - o � � ° o ° �I �I '. ST � g o � Q r-- )/ � I i . �_�� w g o o �-- / J Q � o � � � � g f I LEGEND: , ° ° � � ° �-- '�' j sUBJECT ---' ' -- �j SITE ! � , i, � ____� I w ,, - - —,, > / ,.�:��.� Q j � �j � i-i I � ,�- ���'�y'( � � ff-KFk j `�• � i y�yh , � I _ I e . I �/ I i a. :,: '_ �� I � I � I ��.it�1L��• I I . ..,:I. , I _ � , e'�- � � .,. _ � � � .. `-W � i II � I' - --- - - � - - ----- - �. 7igar0 Area Map � I I • �I N �I 5T � 0 100 200 300 400 500 Feet �� I ' ��__-`__. I � '�� 1..=388 feet � i I I I QPG�F�G I ;�� ;,`,;., \ � � � --� Inform2tion on I�is map is for general location only antl � i� ���-- - should be verified wiln the Development ServKes�rvis�on. 13125 SW Hall BIvO � Tigard,OR 97223 � � \ � —__ � —I� I � I _I (503)639-4171 http�.1/www.ci.tgard.or.us —.--_._.__��--__— _ -__ _- __-_ -____ __ - .__._ l. ..'..—_-_.--- --_ _ '__ .---_- -___-.-__�--_ _ Community Development Plot date:Jun 11,2008;C:\magiclMAGIC03.APR i � , I � 5 � � � � � � o � W I � �� o � � W� � � Q EXISTING CENTERLINE �t� ` o '' I o C J �@ �^ � I � I � o ``�_ ����� � I � � I I ^ � � �a � � I � � EXISTING CENTERLINE su�e r-ro - � - - - - � BARRICADE SET 2' OFF P/L � �y'� � ,a 3 0 ,o P � I ��\� 15' WIDE DRIVEWAY ��, / � �� � Q� SS �AT — —X X �, X — — � �� --- � 1 �. 54' R/W i 3 � � `� "� X x x -X_' _'�- - -----� - - S 5' 8Q'S2"25" 352.�9" I � Q' TFtEE PROP. TREE� I � 20' ACCESS � 20' PROTECiION k � '9" �-SD LA� � PROTECTION �� W _ Sp gp -, -- / UTIL ESMi. I FENCING FENCING } Z � _ »A„ STREET 3 /� / �j-- ----r � — — — � g � �o s o k \�� SS LAT / `NSION CLEARANCE �48, � I � ¢ Y ^< y /� LINE I -_-'I Z O o - - \�� � / '` �` � �!� � - JE, / WABER�� I � I I j � � € � �Q�i �o, I � 3 � � � � / � � � o I \� -�_ � ,�' SD LAT � '� I � �� T,RACT D � I � LOT 2 �� � o � WATER M�TER/ � LOT � � � � 8,500 SF t �� � � o0 { j-- —� - - - - — � � 8.780 SF t I 23' 3 r 4 � � I TL 11030 r I I � a �. I �10�� ' I o �c ,,,� LOT Z7 5'� TREE UN TSIB�E �O I �"� POSSIBLE � I ,�`�, N � � BUILDABLE I ( o � I PROTECTION I � _ FOOTPRINT I I FENCING �,p, I —� I � — — — — (TYP) � � TREE TO � I � — — � t5 BE REMOVE� k 6' — �GT 1 N = v, � X X 1/�� � X `� y/' =g � � I r� a��;2'2�" w >>>2 0� g� � — — — — — — II o.a e/os/oe I IXLLNfD J GEC�f ENOHEER I CXEP(ED i SNEET niLE N �J LAYWT I —_� L O T L I SNEET m1uBER— I �� -" NOTICE OF TYPE II DECISION „ MINOR LAND PARTITION (MLP) 2008-00006 = WHITE OAK PARTITION 120 D YS =10 8 2008 SECTION I. APPLICATION SUMMARY FILE NAME: WHITE OAK PARTITION CASE NO: Minor Land Partition(MLP) MLP2008-00006 PROPOSAL: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. While the applicant proposes to construct public improvements as part of the White Oak Village PD,the proposed partition is separate from the PD project. APPLICANT/ APPLICANT'S OWNER White Oak Village, LLC REP: SR Design,LLC 7955 SW Hall Boulevard Attn: Jeff Caines,AIQ' Beaverton, OR 97008 8196 SW Hall Boulevard,Suite 232 Beaverton,OR 97008 ZONING DESIGNATION: R 4.5 (PD): Low Densiry Residential District with Planned Development overlay. 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-fami.ly units are pernzitted conditionally. Some civic and institutional uses are also pernzitted conditionally. LOCATION: 11030 SW 74th Avenue; Washington CountyTax Map 1S136DB, Tax Lot 2300. PROPOSED PARCEL 1: 8,780 Square Feet. PROPOSED PARCEL 2: 8,500 Square Feet. APPLICABLE RE VIE W CRITERIA: Commuruty Development Code Chapters 18350 18.390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of T'igard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted f ile are available f or inspection at no cost or copies can be obtained for twenty-five cents (25fi) per page,or the current rate charged for copies at the tune of the request. SECT'ION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 31, 2008 AND BECOMES EFFECTIVE ON AUGUST 15, 2008 UNLESS AN APPEAL IS FILED. pAD e_al": The llirector's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as�provided in Secuon 18.390.040.G.1 may appeal this decision in accordance with Section 18390.040.G.2 of the Tigard Community Development Code wl�uch provides that a written appeal together with the required fee shall be filed with the Director within ten �10) business days of the date the Notice of Dec�sion was mailed. The appeal fee schedule and forn�s are ava able from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues ident�fied in the wntten commenu subrrutted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party dunng the appeal hearing,subject to any additional rules of procedure that may be adopted f rom tune to tune by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 14, 2008. Fo�estions: er information please contact the Planning�Division Staff Planner, Ga Pa enstecher at (503) 639-4171, Tigard Ciry Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by ema to a ti ard-or. ov. �_. - -5i- _r =_I ...... . _ . .. ���r�:v����l�nt:1P � C i I i�l —_----- ,,,,E ST �j \ILP_'UUS-UOOUG \\�IITE(.)_-1Ii r_�RTtTtc:>u p T ^ ���n� �� �`!i LEGEND � SUBJECT S71'S f �f ❑ f i � , I, r ! ��. N T •�� � �.�.... i.amumN n s . -_.Vr�VC�M� 1 � C � � � � � � ��o� � I � ������ ' � '� � � ('iei� � � � `� 'r ;(�� t �.,,��,�..� i I — N ..,�x,:��Pn � ��.+ - -----�-- + ' �:��..f + _�_ _— _ / P� � ss ut Q — ��n � _ 5 RL�]]3" .l3]19' ` f �50 l�l / �0'KQ55/ �/IIOhCIqI M RfOIECiqM � � �/ _y _L'— / R E4/i. � RwOxG ��_� [ � � � 'A"srReEr n--- --- -� , 3 €�� 1 ii/ur�� r� r MSIOM QEMWQ i �--� �, ��^'� � ' �—�� I � �� ��t � :-. � � I � / � _—' mw 7RAC7 D -- I I LOT 2 I . ��8 � ��a��rtn// LOT 7 I � I e,sao v: � 8 — 41l0 A f —�____ � I � I I o � t)' 3 r n nwo s. o' I � COT77 s��— n�ioncna ��( '� � � e°05an.�ac� I i8 I L _��^^�� i ----- �"°"a` � -s� I — — � ' ,s mec ro � LOT 7 ���� � N ees�zs•w�sz '� ————— i � �-- i ..... i _� torz i I �..� i C2 NOrTICE TOMOKTGAG�E,LIENHOLDER,VENDORORSELLER Tf-IE TIG.ARD DEVELOPMENT QODE REQUIRES THAT IF YOU RECEIVE T�IIS NOTI�E, IT SHALL BE PROMP'IZY FOK�ARDED TO Tf-� PURQ�ISER NOTICE OF PENDING ,, LAND USE APPLICATION : MINOR LAND PARTITION , , � DATE OF NOTICE: June 11, 2008 FILE NO.: MINOR LAND PARTITION (MLP) 2008-00006 FILE TITLE: WHITE OAK PARTITION APPLICANT/ APPLICANT'S OWNER White Oak Village,LLC REP.: SR Design,LLC 7955 SW Hall Blvd Attn: Jeff Caines,AIQ' Beaverton,OR 97008 8196 SW Hall Blvd,Suite 232 Beavenon,OR 97008 REQLJEST: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-family home and bu�ld two new single-familY detached homes. Proposed Lot 2 will be a flag lot. The sub�ect property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. White the applicant proposes to construct public improvemenu as part of the White Oak Village PD, the proposed par[ition is separate from the PD project. LOC.ATION: 11030 SW 74�Avenue;Washington County Tax Map 1S 136DB,Tax Lot 2300. ZONE: R-4.5: Low Density Residential. The R-4.5 zoning district is designed to accommodate detached single-family homes wlth or without accessory residenual units at a rniiuinum lot size of 7,500 square feet. Duplexes and attaclied suigle-fanuly uniu are pemutted conditionally. Some civic and institutional uses are also pen�utted conditionally. APPLICABLE REVIEW CRITERIA: Cotrununiry Development Code Chapters 18.390, 18.420, 18.510, 18J05, 18J15, 18J45, 18J65, 18J90, 18.795 and 18.810. YOUR RIGHT T�PROVIDE WRITTEN COMMENTS: Prior to the Ciry making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written commenu on the application to the Ciry. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JiJNE 25, 2008. All comments should be directed to Emi1�-Eng, Assistant Planner(�c2712� in the Planning Division at the Cityof Tigard, 13125 SW Hall Roulevard, Tigard, Oregon 97223. You may reach the Ciry of Tigard by telephone at 503-639-4171 or by e-mail to emil��tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE QTY OF TTGARD APPREQATES REC�IVII�TG CONIlv1ENTS AND VALUES YOUR INPUT. COMIv1ENT'S WILL BE CONSIDERED AND ADDRESSED WIT�-IIN TT� NOTTC� OF DEQSION. A DEQSION ON Tf-IIS ISSUE IS TENTATTVELY SCf-�EDULED FOR�ULY 22, 2008. IF YOU PROVIDE COMNIENTS,YOU WILL BE SENT A COPY OF THE FULL DEQSION ONC� IT HAS BEEN RENDERED. WRITTEN COMI��NTS WILL BECOME A PART OF T�-�E PERNL�NENT PL,BLIC RECORD AND SHALL CO:�I'TAIN THE FOLLOWING IN'FORMATTON: • Address the specific "Applicable heview Criteria" described in the section aoove or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the Ciry to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. FAILURE OF ANY PARTY TO ADDRESS THE RELEVANT APPROVAL CRITERIA WITH SLTFFIQENT SPEQFIQTY MAY PREQ.UDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCUIT COURT ON THAT ISSUE. SPEQFIC FINDINGS DIREGTED AT 7'HE RELEVANT APPROVAL C�ITERIA ARE WHAT CONST'ITUTE RELEVANT EVIDENCE. AFTER TfIE 14-DAY COMNIENT PEWOD CLOSES, 'I'I� DIREGTOR SHALL ISSUE A TrPE II ADMIIVISTRATIVE DEQSION. TrIE DIRECTOR'S DEQSION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITf-�N 500 FEET OF TF-IE SUBJECI'SITE,AND TO ANYONE ELSE WHO SUBNIITTED WRITTEN GOMN�NI'S OR WHO IS OTf�RWISE ENTITLED TO NOTIC�. T�� DIRECTOR'S DEQSION SHALL ADDRESS ALL OF Tf-IE RELEVANI'APPROVAL CRITERIA. BASED UPON Tf-IE C�tiT'ERIA AND THE FACTS CONTAINED Vi/ITHIN THE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY'I� REQUESTED PERNIIT OR ACITON. SLTMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the C�ry • Notice is sent to propeny owners of record within 500 feet of the proposed development area allowing a 14-day written coiiunent period. • The application is reviewed by Ciry Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent propeny tax assessment roll; any Ciry-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FORREVIEW: The application, aritten comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Depanment. If}�u want to inspect the file,please call and make an appointment with either the project planner or the plannuig technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." ---- 5. , , ... . .... s _ VICINITl h1AP k x f PWE Sr a , \ILP?(IpS-DlIUOG \C�IITE O_�I� P_�RTI'I"I(JN � PR T w ���m� �� ` �+ � � � � LEGEND � SUBJECT SIfE , vl Q � . , I. � t -�L ♦ N T /� .., / \ Q�F� �.��.... / � �-�.....�. ... �_-_-___�_'___ `-_.�i:��f'�� RE QUE ST F OR COMME NT S �� - - DATE: Tune 11,?008 . . � TO: Mark Vandomelen,Plans Examination Su�ervisor FROM: City of Tigard Planning Division STAFF CONTAGT: Emil�Eng,Assistant Planner(x2712� Phone: (503) 639-4171 FaY: (503) 624-3681 Err��il: emil tigard-or.gov MINOR LAND PARTITION (MLP) 2008-00006 - WHITE OAK PARTITION - REQLJEST: e applicant is requestin� gapprova to partition one 17,280-square oot (0.40-acre) ot into two lots o 8,780 square feet and 8,500 square feet. The applicant�proposes to remove the e�sting single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property�s adjacent to the White Oak Villa�e Planned Development (PD) site and owned by the same developer. White the applicant proposes to construct public improvements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 11030 SW 74�' Avenue; Washington Counry Tax Map 1S136DB, T� Lot 2300. ZONE: R 4.5: Low Densit�Residential. The R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a inuiunum lot size of 7,500 square feet. Duplexes and attached single-family units are pernzitted conditionally. Some civic and institutional uses are also pemutted conditionally. APPLIC.ABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18J05, 18J15, 18.745, 18J65, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From infornlation supplied by various departments and ag�encies and from other�ornlation available to our staff, a report and recommendation will be prepared and a dec�sion wll be rendered on the pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: �UNE 25, 2008. You may use the space provided below or attach a separate letter to return your comments. I u are una6�e to res ond b the above date, please phone the staff contact noted above with your co�unents and co umyour comments in writing as soon as possible. If you have any questions, contact the Tigard Plannuig Division, 13125 SW Hall Boulevard,T"igard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ��,�We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided below: I Name&Number of Peison Coinmenting: ��✓ } 7�� l � / l/ RE QUE ST FOR C�MME NTS �� . DATE: June 11,2008 . . � TO: PE R ATTACHE D FROM: C:ity of Tigard I'lanning Division STAFF CONTACI': EmilyEn�,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:emil ti�ard-or.gov MINOR LAND PARTITION (MLP) 2008-00006 - WHITE OAK PARTITION - REQLTEST: The app �cant is requesting approval to partition one 17,280-square oot 0.40-acre ot into two lots o 8,780 square feet and 8,500 square feet. The applicant�proposes to remove the existing single-familyhome and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property�s adjacent to the White Oak Villa�e Planned Development (PD) srte and owned by the same developer. White the applicant proposes to construct pubLc improvements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 11030 SW 74`�' Avenue; Washington County Tax Map 1S136DB, T� Lot 2300. ZONE: R 4.5: Low Densitv Residential. The R 4.5 zonin district is designed to accommodate detached single-famil homes with or without accessory residential units at a minimum lot size ot 7,500 square feet. Duplexes and attached single-farriily units are pernlitted conditionally. Some civic and institutional uses are aLso pernutted conditionally. APPLIC.ABLE REVIEW CRITERIA: Commuruty Development Code Chaptexs 18390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforniation supplied by various departments and ag�encies and from other�orn�ation available to our staff, a repon and recommendation will be prepared and a dec�sion will be rendered on the pro osal in the near future. If you w�.ch to comment on this application, WE NEEI� YOUR COMMENTS BACK BY: E 25, 2008. You may use the space provided below or attach a separ�ate etter to return y�our comments. I u are unable to res ond b the above date, please phone the staff contact noted above with your comments and co u-myour comments m writing as soon as possible. If you have any questions, contact the Tigard Plaiuung Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided below: Name&Number of Person Commenting: � - �'TY OF TIGARD REQUEST FOR '"�MMENTS NOTIFICA. LIST FOR LAND USE & COMMUNITY DE �PMENT APPLICATIONS FILE NOS.: �- c� l�v�"� FILE NAME: 1M �`-�--h � �� CITY OFFICES LONG RANGE PLANNINGlRon Bunch,Planning Mgr. �CURRENT PLANNING/Todd PragerlArborist-Planner POLICE DEPT.IJim Wolf,Crime Prevention Officer �BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor�ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKSIBrian Rager,Assistant Public Works Director PLANNING COMMISSIONIGRETCHEN(+�Z sets) COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. PUBLIC WORKS/Steve Martin,Parks Supervisor �(FILE/REFERENCE(+y sets) _CODE ENFORCEMENTIChristine Darnell,Code Compliance Specialist(DCA) SPECIQLDISTRICTS TUAL.HILLS PARK 8�REC.DIST.�R�TUALATIN VALLEY FIRE&RESCUE� �TUALATIN VALLEY WATER DISTRICT� �CLEAN WATER SERVICES♦ Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Oalby,Deputy Fire Marshall PO Box 745 David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 2550 5W Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAI AND STATE IURIS�ICTIONS CITY OF BEAVERTON � CITY OF TUALATIN� OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS _ Pianning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood�w�un Fo�R����aei _ Steven Sparks,oe�s��5 Ma�ase� 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8 PLANNING +It OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE CITY OF DURHAM iR 600 NE Grand Avenue 800 NE Oregon 5treet,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. Joanna Mensher,DataResourceCenter(ZCa.I US ARMY CORPS.OF ENG. Durham.OR 97224 Paulette Allen,GrowlhManagernentCoortlinata OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris lMaasacws�ane�o��Yi Mel Huie,GreenspacesCoordinator(C7A20A) M2f8 UII02(Comp PlanAmenAmentsBMeasure37) Routing CENWP-OP-G CITY OF KING CITY � _ Jennifer Budhabhatti,RegionalPlarmer(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,c�o�hMa���ts��s 5alem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� OR.DEPT.OF ENERGY lPO�+�enines in o,ieaJ OR.DEPT OF AVIATION�MO�o�i.raw...� Dept.of Land Use&Transp. Bonneville Power Administration TOm Highlarld,P�annin9 155 N.First Avenue _CITY OF LAKE OSWEGO�M Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Naomi Vogel-Beattie tce�e�ai avPs Lake Oswego,OR 97034 Planning Division�zco,�MSia _ OR.DEPT.OF ENVIRON.QUALITY(DEG1) ODOT,REGION 1 � Brent Curtis�caA� CITY OF PORTLAND tNOUryro�weua�dsa�dPO�e���a�e����onme��aumPa��s� Development Review Coordinator poria Mateja�zca�MS�a Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va�a��o�s� _ScCartographer�cPazcA�MS,. 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rve��,��A,MS,S Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 OR.PARKS 8 REC.DEPT. WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1-DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC DaveAustin�wcccn�°e„°�Me�o,w..a..,,� SamHunaidi,ASSis�am�istnctManager (NOtifyilODOTRlR-Hwy.CrossinpisOnlyACCSSStoLand) PRESERVATIONOFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,S�CrossingSa�eySpecialist (NOU1yilPropertyHasHDOveday) Beaverton,OR 97007-0375 Portland.OR 97221 555-13'"Street,NE,Suite 3 725 Sumner Street NE,Suite C SaIPm.OR 97301-4179 Salem,OR 97301 UTILITY PROYIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurtington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President 8 General Manager 1200 Howard Drive SE Albany,OR 97322-3336 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. XTRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer�n�,�e.ano�s o��v� Gerald Backhaus�5�«Mao��A�ea�,��a��� Qf Prqect Is Wrthln Y.Mlle of a Transit Roule) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland.OR 97232 �,PORTLAND GENERAL ELECTRIC �NW NATURAL GAS COMPANY '�VERIZON �WEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 TIGARDITUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. �COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev ,S�M�o�«A,ea��a�.�, Brian Every��eo����o��, 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverlon,OR 97006-5152 BeaveRon,OR 97008 Tigard,OR 97223-4203 +IE INDICATES AUTOMATIC NOTIFICATION IN COMPL�ANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h1pattylmasters\Request For Comments Notification List.doc (UPDATED: 3-Apr-OB) (Also update�.i:lcurpin\setup\labels\annexations\annexation_utili�ies and franchises.doc,mailing labels 8 auto text when updati�g this documei MEMORANDUM TO: Emily Eng FROM: Todd Prager, City Arborist RE: White Oak Partition DATE: June 11, 2008 As you requested I have provided comments on the "White Oak Partition" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.370.020 Adiustments C. Specia!ad�ustments. 6. Adjustments to landscaping requirements (Chapter 18.745). a. Adjustment to use of existing trees as sfreet trees. By means of a Type I procedure, as governed by Section 18.390.030, fhe Direcfor shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its /oss, un/ess the following can be demonstrated: (1) The ground within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. b. Adjustmeni for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual c/earance problems; or (3) If there is not adequate space in which to plant street trees. ✓ No street tree adjustments are being requested. 18.745.030 Genera/Provisions C, Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturitv. Additionally, there are directions for soil amendments and modifications. 2. The p/ant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. 18.745.040, Street Trees B. Street tree planting list. Certain trees can severe/y damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. This requirement has not been met. There appears to be sufficient room for one street tree in the planting strip between the two water meters. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. 18.745.050, BufferinQ and Screeninq This requirement appears to have been met or is not applicable to this project. 18.790.030, Tree P/an Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possib/e. As required, the applicant has provided a tree plan conducted by Phil Hickey, a certified arborist. However, the tree plan does not contain all of the required elements (see B4 below). B. P/an reQUirements. The tree plan shall include the following: 1. ldentification of the location, size and species of all existing trees including trees designated as significant by the city; This requirement has been met. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that fwo-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% orgreater of existing trees over 12 inches in caliper requires no mitigation. This requirement has been met. 100% of the 14 viable trees on site will be retained. Therefore, no mitigation will be required. 3. ldentification of all trees which are proposed to be removed; This requirement has been met. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This requirement has not been met. The fencing and tree protection specifications in the arborist report need be transferred accurately to the site plans. The tree protection plan needs to address tree protection standards and methods for after construction. Specifically, they need to address acceptable landscaping practices and materials around preserved trees. This additional information can be provided on the site plans as well. Finally, the revised tree protection plan needs to include a signature of approval from the project arborist. 18.790.040 Incentives for Tree Retention B. Subsequent remova/of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit afifected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or wil!be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. 18.790.050 Permit Applicability A. Removal permit repuired. Tree removal permits shal!be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for remova!of a tree shal!be processed as a Type !procedure, as governed by Section 18.390.030, using the following approva! criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of wafer over bare soi/s; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil s/opes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no /ess than the existing canopy cover if the existing canopy cover is less fhan 75%. B. Effective date of permit. A tree remova/permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall 6e exfended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. /s a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding D.4. above, is not permitted. Because no trees are proposed for removal, this requirement is not applicable to this project. CONDITIONS OF APPROVAL Street Trees This requirement has not been met. There appears to be sufficient room for one street tree in the planting strip between the two water meters. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Tree Mitigation This requirement has been met. 100% of the 14 viable trees on site will be retained. Therefore, no mitigation will be required. Tree Protection This requirement has not been met. The fencing and tree protection specifications in the arborist report need be transferred accurately to the site plans. The tree protection plan needs to address tree protection standards and methods for after construction. Specifically, they need to address acceptable landscaping practices and materials around preserved trees. This additional information can be provided on the site plans as well. The revised tree protection plan needs to include a signature of approval from the project arborist. The applicant shall position fencing as directed by the project arborist in his report dated May 28, 2008 to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Deed Restriction Prior to issuance of any Certificates of �ccupancy, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. � ` • MEMORANDUM CITY OF TIGARD, OREGON DATE: 6/13/08 TO: Emily Eng, Assistant Planner FROM: Kim McMillan, Development Review Engineer��yvl RE: MLP2008-00006 White Oak Access Manaqement (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The access for this two lot partition is at the eye-brow corner of SW 74�h Avenue and "A" Street (under construction with the White Oak Subdivision). The applicanYs engineer, SR Design, submitted a preliminary sight distance certification, dated May 29, 2008. The streets are both classified as local streets with speed fimits of 25 mph, which requires a minimum of 250 feet sight distance in each direction from the access points. The engineer states sight distance from the access points to the north on 74tn Avenue was measured to be in excess of 250 feet. The sight distance to the west in the direction of Street "A" was not determined since the street is not fully constructed at this time. The access points, however, are directly opposite Street "A", posing no sight distance impediments. Street And Utilitv Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 1 � . , ` • Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 74th Avenue and "A" Street, which is classified as a local street on the City of Tigard Transportation Plan Map. The right-of-way for the eye-brow corner was dedicated with the land use for SUB 2006-00010, White Oak Subdivision. SW 74th Avenue (eye-brow corner) is currently not improved. However, SUB2006-00010 has been conditioned to complete these improvements. The public street improvements as required by SUB2006-00010 must be complete prior to issuance of building permits in order to mitigate the impact from this development. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future �treets from the boundaries of the proposed fand division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be develcaped and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Due to existing development and access control on Highway 99 there are no opportunities to provide future streets or extensions of streets. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 2 . . ` ' connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Due to existing development and access control on Highway 99 there are no opportunities to provide new street connectivity with this development. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, controf and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 3 , , ` • Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The public sidewalk is required as a condition of SUB2006-00010. The applicant has agreed to bond for the sidewalk along this project frontage while the homes are under construction. The applicant shall provide for ►his bonding thro�gh the City's PFI permit process. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8 inch sanitary sewer line in SW 74th Avenue. The applicant's plans show separate laterals for each lot. Storm Drainage: ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 4 . . � � General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Gre�k and adopted the Fanno Creek Watershed Management Plan. Section V of thaf plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surFaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site detention facility to accommodate treatment of the storm water from Parcels 1 and 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. The applicanYs plans show the two private laterals combining into one prior to connecting to the public storm line. This will not be allowed. The PFI Permit plans shall be revised to provide separate laterals with separate connections to the public storm sewer main. ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 5 . � • Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television senrices and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; � All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: S�ction 18.810.120.G states that a developer shall pay a fee in-lieu of under-grounding costs when th� development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the frontage of SW 74�" Avenue. If the fee in-lieu is proposed, it is equal to $70.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 55 lineal feet; therefore the fee would be $ 3850.00. ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 6 . . ` • Storm Water QualitV: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcels 1 and 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Gradinq and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is requsreci to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant shall submit an erosion control plan with the PFI permit application. Address Assiqnments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie nefinrorked to the City's GPS survey. ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 7 . . ` � • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . A Public Facility Improvement (PFI) permit is required for this project to cover the public sidewalks and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shal! be submitted for review to the En�ineering Department. NOTF_: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tiqard-or.qov). . The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. . The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. . The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 8 � � building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. . Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). . The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW 74t" Avenue/Street "A" as a part of this project: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (if applicable). . The applicant's PFI permit plans shall be revised to provide separate storm sewer laterals, with separate connections to the public storm sewer system. . The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. . An erosion control plan shall be provided as part of the Public Fa�ility Improvement (PFI) permit drawings. The pla�n shall confnrm to the "Erc��ion Prevention and Sediment Control Uesign and Planning Manuaf, February 2003 edition." . The applicant's final plat shall contain State Plane Coordinates on finro monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. . Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 9 � � B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. E. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. . Prior to issuance of building permits the public improvements in SW 74tn Avenue must be completed by SUB2006-00010. If not completed, the applicant will be required to complete the improvements prior to issuance of building permits. . The applicant shall either place the existing overhead utility lines along SW 74�h Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 70.00 per lineal foot. If the fee option is chosen, the amount will be $ 3850.00 and it shall be paid prior to issuance of building permits. . During issuance of the building permit for Parcels 1 and 2, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 10 , , � � ENGINEERING COMMENTS MLP2008-00006 White Oak PAGE 11 �_ �i� ��� CleanWater Services Our cnininilnicnt i� cic,ir. June 16, 2008 JUN 2 3 2008 Emily Eng Planning Division City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: MLP2008-OQ006 Wr.ite Oalc P�rtition Clean Water Services (CWS) has reviewed the submitted utility/site plan set for the Maxim Partition Tax/Map 1 S 1 36DB-02300 for compliance with the most current CWS Design and Construction Standards, R&O 07-20. A Sensitive Area Pre-Screening Site Assessment (SAPSSA), File No. 08-001251, was issued on May 28, 2008, for 11030 SW 74`}' Av. Tigard, OR for partition of a single tax lot into two parcels for construction of single family residences. The following are concerns to be addressed prior to issuance of a MLP Stormwater Connection Permit Authorization: General Notes: ■ Page 7 of the narrative states that the storm runoff is anticipated to weep into SW 74`h, yet sheet C2 of the utility/site plan indicates SD laterals to both tax lots. This requires clarification of how the lots are to be serviced. If weep holes, R&O 07-20 chapter 5.09.3 (g) standards shall be followed. • Page 14 of the narrative states that the proposed partition is a flag lot not including the pole or the access easement in the lot area. However Washington County Development standards define a flag lot as: 430-45.5 Single flag lots shall meet the following: A. The minimum continuous width of the access strip shall be fifteen (15) feet; B. The access strip shall be part of the flag lot(the driveway shall not be provided through an easement on the frontage lot); and C. Access shall be provided by a paved driveway which meets the private street standards of Sections 409-3, 409-4.4, and 409-4.5. If the lot is not a flag lot as defined above, R&O 07-20 chapter 5.09.3 standards shall be followed for laterals across a single adjoining property. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 / Phone: (503) 681-3600 • Fax:(503)681-3603 •www.CleanWaterServices.org � . \�/ . ��.� CleanWater Services Our cc�iuniifincni i, c����ii. Please clarify the preceding points and confirm if the lot is indeed a flag lot or will be following chapter 5.09.3 standards. CWS will authorize a MLP Storm Water Connection Permit following notit7cation by the City ofthe above. Feel free to call me at 503 681-4474 should any questions arise. Sincere , David Schweitzer, EIT Development Services 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503) 681-3600• Fax: (503) 681-3603 •www.CleanWaterServices.org _ � � A . Tualatin Valley Fire & Rescue June 23, 2008 Emily Eng, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: (MLP) 2008-00006 White Oak Partition Dear Emily, 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 conditions of approval: 1) 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. (IFC 6105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. We trust this letter will be helpful with the final design of this proposal insofar as fire apparatus access and firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, John K . Dalby John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Di►�ision Of'fice ,� 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-64�-221d wwH.tvfr.com Emily Eng � From: Dalby, John K. [John.Dalby@tvfr.com] Sent: Monday, June 23, 2008 9:10 AM To: Emily Eng Cc: Jeff Caines Subject: White Oak Partition (T) Attachments: White Oak Partition (T).doc 1 Emily Eng From: john.cousineau@verizon.com Sent: Tuesday, June 24, 2008 5:21 PM To: Emily Eng Subject: White Oak MLP 2008-00006 Verizon has current facilities that will be impacted.The developer will need to request a disconnect from the building that is to be removed. A 5'easement on the west property line is indicated but none on the adjacent LOT 27 and Tract D. Currently Verizon has a pole in that area is the city vacating the previous easement that allowed placement of that pole. Can it be moved to the 5'easement? . Thank you for allowing this input and your time. I hope this helps. John R. Cousineau Network Engineer OSP Network Engineering and Planning Verizon Communications Office-503.643.0371 Fax-503.643.0977 john.cousineaun.verizon.com 1 / Y 06/23/2008 12:42 FA% 5035910986 TVWD Engineerin8 f�001/001 RE QUE ST FOR COMME NTS q - DATE.: june 11,2008 , , � TO Tualatin Valley WaterDistrict Administrative OfEices FROM: Gty of Tigard Planning Division �j'�yt� ; �'(,,�� l�� J �c STAFF CONI'ACT: Emil En Assistant Planner � �� ���--'� Phone: (503} 639-4171 Fax: (503) 624-3681 Email:emil}�tigard-or.gov MINOR LAND PARTITION (MLP) 20Q8-00006 - WHITE 4AK PARTITION - REQLTEST: e applicant is re questing approv to partition one 17,280-square oot {0.40-acre ot into two ots o 8,780 square feet and 8,SOG square feet. The applicant�proposes to remove the existing single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property�s adjacent to the White Oak Villa�e Planned Development (PD} site and owned by the same developer. White the applicant proposes to construct publ�c unprovements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 1103^u SW 74`�' Avenue; Washington Counry Tax Map 1S136DB, T� Lot 230^u. ZONE: R 4.5: Low Density Residential. The R 4.� wning district is des�gned to accommodate detached su' �gle-family homes with or without accessory residential uiuts at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are pernziaed conditionally. Some civic and institutional uses are also pernzitted conditionally. APPLIC.ABLE RE VIE W CRITERIA: Communiry Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18 J95 and 18.810. Attached are the Site Plan, Vcinity Map and Ap licant's Materials for yaur review. From inforrnation supplied by various departments and ag�encies and from other�omiation available to our staff, a report and recommendation will be prepared and a decision wi11 be rendered on the pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: �UNE 25 2008. You may use the space provided below or attach a separate letter to retum your comments. I u are una e to res ond b the above date, please phone the staff contact noted above with y�ur comments and co um���}�ur comments in writing as soon as possible. If you have any questions, contact the Tigard Plaiuung Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLE E CHECKTHE FOLLOWINGITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. _ Written comments provided below: Name&Number of Person Commenting. � V 2ecE..,. .�d b/Z� _ �t J. C. MILNE REGISTERED ENGINEER REGISTERED IN OREGON 1312 SW i6TH AVENUE, SUITE 1OI FORMERLY REGISTERED IN: PORTLAND, OREGON 9720 1-25 1 6 ARIZONA MICHIGAN PHONE: (5031 243-3560 COLORADO MISSOURI CONNECTICUT NEVADA FAX: I.riO31 243 3578 DELAWARE NEW HAMPSHIRE I=LORIDA NEW JERSEV GUAM NEW MEXICO June 18� �oOV ��,AH�I OM QYORK ILLINOIS PEfVNSYLVANIA INDIANA TENNESSEE KANSAS UTAH Emily Eng Assistant Planner KENTUCKY WASMINGTON � I.O'JI�IANA WISCONSIN Planning Division "�'"E City of Tigard 13125 SW Hall Blvd. � Portlantl, Oregon 97223 Dear Emily, Re: Access Road from 99E to New White Oak Village Subdivision on west sitle Milne property at 11643 SW Pacific Hwy, Tigard, OR I am the property owner of 11643 SW Pacific Hwy, the adjacent property to the White Oak Village Planned Development. For your convenience, we are enclosing the marked up plan with indication of the location of our property. We woultl like some clarifications on the"Proposed Lot 2 will be a flag lot" as said in the Notice of Pending Land Use Application—Minor Land Partition dated June 11 2008 of which is enclosed. I am concernetl where this flagpole of the flag lot will be. It would be appreciated if this could be marked on the drawing enclosetl, which was received with your notice and return to me. Warm regartls, Sincerely, . ; � i Ji ilne JCM/LN Encl.: a. Drawing "Vicinity Map—White Oak Partition" b. Copy of Notice of Pending Land Use Application—Minor Land Partition dated June 11 2008 City of TigarC�, Oregon 13125 SW Hall Blvd. • Tigar� R 97223 �� . � June 20, 2008 � ��'� °,., Jim Milne J.C. Milne Registered Engineer 1312 S W 16th Avenue, Suite 101 Portland, OR 97201-2516 RE: MLP2008-00006, White Oak Partition Dear Jim: Concerning the proposed flag lot at 1 l 030 SW 74th Avenue, I've included a site plan to show you where the location is proposed. The "flag pole"will be an access easement on proposed Lot 1. Thank you for including a stamped envelope. Please let me know if you have any other questions. Also, this project will be re-assigned to Gary Pagenstecher(503-718-2434) as of June 27tn Sincerely, ��`-�-� - Emily Eng � Assistant Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 . . ✓ J. C. MILNE REG1�7�REL CtViL ENGtN�ER FORMERLY FORMERLY REGISTEREO IN: 1372 SW igTN AY�NIj� REGI3TERED fN: s•dRTLAlJD,OREGON 9720S�2g�6 ApIYONA IORNO PM1ON�;(503)243.9560 M[tHIGAN OHIO COLOR4O0 ILLINdIS I'AX:(S93)243-357B MISSOl1Rl pE�N6YLVANIA CqNN�GTICUT INOIANA NEVA4A YENN�95F� OE4AWARE KANSAS MEW HAMPSHIRE UTAM F4.ORIDA KENTUCiav R�G157[RfiD�N OREOON NEW�FRSEY wn3MINGTON GUn.M �OUiSIANA NEW MEXICO wiSCONSIN HAwail MA�NE NEW YQRK June 23,2408 Emily Eng,Assistant Planner Planning 17ivision City afi i'igard 13125 SW H�II Blvd, Por#iand, Oregon 97223 Fax:503-718-274$ Dear Emily, Re: MIP 200$-00006 White Oak P�rtition Your carrespondence da#ed June 20�conceming flag lat at i 1030 SW 74 is very clear and appreciated. The reason we are wnting to you is to put on record by the date in yaur notice 5:00 PM,J�ane 25 20Q8 that #he developer is the same developer doing work on A�cess Ftoad from 99 E to new UVhite p�k Vi�lage - Subdivision. Enclosed are two letters we sent to AI pickman,one dated June 13 and June 1�to explain clearly our concem at developer's conVac#or nat restar+ng the wafl to its original condition after gr�ding work ofi the Access Road from 99E to New White Oak Viflage Subdivisian. 'Fhe developer's contractor disturbed the appearanee of the battom 3'-0 of our wall. YVe have not seen any action on this request on repainting bottom exposed concrete and 3 block high strip ofi wall ofi Milne building on T�x Lot#1800 exterior of west. W�have alsa requested a drawing of the cross s�ction through the Access Road#o Pacific Hvuy to explain the finish suriace to the Access Road so that we can understand better wh�t is the finish surface of the Access Road but have not received it. Be(ow are items that we wish to have done which ar�listed in the June 13 2008 letter to AI Dickman copy attaehed in which we agreed to have th�sump removed originally cafled for an plans. 1. Milne Real Properties#a be held harmfess in event af problems from wafer from Mifne property flowing into the Access Road. 2. Finish of the narrow strip space adjacent to the AccESS Road between the praperties to be the sam� surface material�s that which is on the adjacent Access Road. 3.We would like the new AGCess Road to be available to accept up to 3 p�destrian exits in the west waq o� Milne building on Tax Lot#1800. This is in case building regulation's called for Emergency Exits in the future in the existing building or in one tl�at may be built in fhe future. TQOC� �N'IIJ� '� S�I�Xt 8L5� Ei�Z �45 X�d TZ�LT 800c'/CZ/9Q � Y 4.Owner of White�Ilage Development to repaint up to 3'0 to 4'-0 to uniforrn line on a joint line of wall including rows of block and exposed concrete footing if any, below. 5.We also appreciate receiving a drawing showing the cross section of the proposed Access Road so we can see what is planned for Access Road surface. We are sending this in writing so that you have our concems in wntlng on the recob before the dead line that you put your transmittal t�us conceming the work on White Oak Village Subdivision described in T'gard Planning letter that is by June 25 2008 by 5:00 PM. We are sending a copy of this letter to Dick Bewersdorff who is the Planning Manager and E IGm McMillan who is the Engineering Manager of City of Tigard. Warm regards, Sincerely, ��yl�i Jim Milne JCMILN Encl.. a.Copy of letter to AI Dickman dated,lune 13 2008 b.Copy af Ietter to A1 Dickman dated June 17 2008 CC: Didc Bewersdorff, Planning Manager(F:503-598-1960) E wm McMillan, Engineering Manager(F: 503-59&1960) Z00� �N'II14 '� S33�E'f 8LSC £�Z £OS %Z'3 TZ�Li 800Z/£Z!90 r __.�. J. G. MILNE R&Gf6TERED E14GlNEER 1312 SW I BTH AV6NUE.5U17B 101 REGISTERED IN OREdON FORM6RLY R6G�SYEREO�N� PORTLAND,OREGON 97201•2516 �,R�zoNA MtcNIG�N co�pqqpp MfSBOl1Rf PHONE; (503)243-3560 CoryrygC71GUT nEV�on FAX' (S03) 243-3$`8 nel..aw�qE NEW N4MP6MIRE r�owiar, nqw�Ea;Ev � GUAN PeC,w�nrxiCp HAVlA�I ..rcw roRn iD�MD ONIO �u�� ��' ��� ILLINOl9 P�NN�YWANi,a �NCIANA TSNNF,FSGE KANSAS UTAH KFNTUGKY WASMINGTON LOUISI0.NA W�6CON81N AI D'�dcman,Senor Engineer Tech. ""A'"� Engineering qepartment City�f Tigard Tigard, Oregon 97223 Fax: 503-624-0752 Dear AI, Re:Access Raatl from 99E to New White Oak Vif(age Subdivision on west side Milne property at 11643 SW Pacif�c Hwy,Tigard,OR Thank you for your phone call conceming above plans you sent to me via office of Laura Garland af"figard Plan Department.These drawings with generaf title"WHITE OAK ViLLAGE SUBDIVISION"are titled individually as follows: A. SITE PLAN B.TENTATIVE PLAN C. COMPOSITE UTILITY PLAN D. STORM DRAfNAGE IMPROVEMENTS—STORM �RAIN LINE#2 PLAN AND Pi�OFILE Drawings of A"SITE PLAN"and D"STORM DRAINAGE IMPROVEMENTS—ST�RM DRAIN k.1NE#2 PLAN AIVD PROFILE"have longhand Rotes changing the plan and since our phone call, I do now have a clear picture of why this was being done. In general,we see no problem omitting the catch basin providing the folfowing 4 items listed below: 1. Milne Real Properties to be held harmless�n event of problems from water from Mi1ne property flawing into the Access Raad. 2.Technically a fence should be built on the property line but all concemed would b�nefit by omitting this fence. This is providing steps are taken with narrow strip between the Access Road and t�e rear wall are in a manner that prevents i#be coming a collect+on area for weeds or garbage. This could be done by constructing the finish of the na�row strip space between the properties to be thE same surface material as that which is on the Access Road. V00� 31�I'II1� '� S�It't BLSC C6� �09 X�d3 TZ�LT 800ZiCZ/90 3.We would like the new Access Road to be available to accept up to 3 pedesfian e�ats in west wa11 of Milne buiEding on Tax Lot 9700. 4. Owner of White Ullage Development to repaint up to 4'-0 to uniform line on a joint line of wall. r�. We would appreciate rece'rving a copy of drawing�,which is a cross section through the access road to the Pacific Hwy to explain specfied surface finish. After our review, an offlcial letter spelling aut the items in this letter should sent by AI Diclanan#o us for approval and for incorporating into the official dacumenfs canceming She land use. Warm regards, Sincerely, ��,�%�: Jim il e JCM/LN i � ; f l � I � i SOO�j 3NI'IIAI '� 53A��'t SLSE C�Z COS %E'3 TZ�Li SOOZ/CZ/90 ,J. C. MI�NE REGISTERED ENGINEER - REGISTERED IN OREGON FpRMERLY REGI6T�REP IN: 131Z SW �gTW AVENUE,SU17E 1C1 aOR7LAND.OREGON 97ZG1-2516 �aizotiw MICMIGAN PNONE; (503y Y48-396Q CONNGITCUT nrvADAR' FAX: �5031 2a3-3378 M DELnWnRE NEW MnMP6MIR� June 17� ZIfVS FLORIOA Ncw,�EABF_Y cuwM ncw Mrxico MAWAtI NCW YORK IpAMQ ONIO i�Linp15 �CNNSn.vANln A!Dicfanan, 5enior Engineer Tech. �NO,��� YCNN65r6II I(AN6Ab UTAH Engineering Department KEN7IJCK'/ 'NA�HIN4TON I.OV161ANA wtLCON6IN City pf Tigard MA{NE 1312�SW Ha11 Blvd Tigard, Oregon 97223 Fax:503-62�-0752 pear AI, Re:Access Road from 99�to New White Oak Vill�ge Subdivision on west side Miine property at 11643 SW Pac'rf'ic Hwy,Tigard, �R Following our conversation this mamir�g,this is t�Eet you know that we sent Linh Nguyen in my affice to take photographs of the walf at 11643 SW Pacific Hwy and made a test with a book vf co{ors to get the closest color selection of the concrete � block wall. The follvwing information will clarify aur unde�standing of wha#need#o be � done an the painting: A. Color of paint is Praf�and Lambert#15-1 name�y Ambertique. B.We reques#that the concrete foundation and 3 horizontal rows of concrete block . wal) up to the top of the�hird row of concrete block b8 repainted for the entire lengfh of the concrete block wal! of the Milne building abng the access road from 99E to New White OaEc Vllage Subdivision. This wili leave the entire rear wall be at the same condition as before wprk being started on the access road, Enclased are pictures of the rear wall dated June 16 200$. We are mailing you a copy of this original letter with pictures and sending this by fax to help you speed up the process pf h�ving this matter resolved. Warm regards, Sincerely, �' ' ���. `��'�-,-y J�m Milne JCM/LN � Encl.: Pictures of the rear wall at 11643 SW Pacific Hwy dated June 16,2008 � � . f � . i I I i COO�j 31�I'IIi� '� 5�4VI' 8L9C C�Z C05 Xt�"3 iZ�LT 800Z/�Z%90 City of Tigard, Oregon 13125 SW Hall Blvd. • Tig� OR 9�223 �� � ;.; . YJ � June 26, 2008 =�, �� �` °:� Jim Milne J.C. Milne Registered Engineer 1312 SW 16`h Avenue, Suite 101 Portland, OR 97201-2516 RE: MLP2008-00006, White Oak Partition Dear Jim: Thank you for your letter, received June 25t". I have been directed to forward your issues to the Engineering Manager, Kim McMillan. Your letter has been forward to her. Also, as you know, this project will be re-assigned to Gary Pagenstecher (503-718-2434) as of June 27`h. Sincerely, �� ` �mily E Assistant Planner ✓ Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • TTY Relay: 503.684.2772 _ �� 'i `i ,, AFFIDAVIT �F POSTING NOTICE ° �F A LAND USE PROPOSAL . � . IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land L'se Applications for: Land Use File Nos.: MLP2008-00006 Land Use File Name: WHITE OAK PARTITION I, F,mil�� F.ng, Assistant Planner for the Cit�T of Ti�ard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currendy registered) Il G 3� � � Y f�. �� and did personally post norice of the proposed land use applicarion(s) b��means of weatherproof posting in the general vicinity of the affected territor�-, a eopy of said notice being hereto attached and b�� reference made a part hereof, �l1�-- on the_�da5�of �Juw r ,2008. ` �� Signa rs o Performed Posting h-�.lu�an.patn`ma.tec�❑f6dant nf pu,nn}:tur apphcint tn pr�>t pubhc hcnnn�.duc ��IH ITE �AK PART IT I ON MIN�R LAND PARTITON MLP 2008-00006 . REQUEST: The applicant is requesting approval to partition onc 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-family home and build two new singlc-family detached homes. Proposed I,ot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned byT the same develop.,�. White the applicant proposes to construct public improvements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 11030 SW 74� Avenue; Washington County Tax Map 1 S136DB, Tax Lot 2300. ZONE: R-4.5: Low Densitv Residential. 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 institurional uses are also permitted condirionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.` ), 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Further information may be obtained from the Planning Division (staff contact: Emily Eng� Assistant Planner (x2712� at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to emil�(a���ard-or.��ov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. _ _ � � i � � . I I I � ' � ; � ' I I I �. . . . __� � __ � �_ � ► � I � AREA�N��,F�,�M �: s.�.FM — a,___SPR�ICE _ —--- � �_, � -- � ,� — — — — -- -- ST , OTIFIED — �--� I __ ;°�.��„�.� �.�� ,�,,,, �„ � (5 00') �,�n�, o °o 0 o Lj� `— � � ° � � m�u Yi m �� �' ---------------- °o n o ��' Q ,n�unnw ---------------- ° '°'�"' � FOR: White Oak Village �, o � � �a,�� ,�,� ��,� 0 o m _ O O O --- o ° o �=n °"�"' RE: 1 S136DB, 2300 �,��.,,� 0 0 o tm�uim °� ________________ o � n,lw�sn n,fu�:n � mKpn� ��a.n�� i au�Nnm m��xa:n uanana ��~�� lfiifN�ilN � nN Property owner information mHwrn� is valid for 3 months from the date printed on this map. itl7iM�1�M li1iN11M�1 151i1tMIp1 IiU�NNN1 ttl/tl1�1}II OliUtlpM 1fq�00N� � V�� 1317/MMAI �WpMN IiN�Ipl117 � �mux�nn � N i 150{/plNl 0 100 200 300 Feet � I , 7"=245 feet r _ a r / I,II\ �,� �+ InPortnation on I�is map is for yenerel location ony and �� j !�V should be venfied Nnih the Development Services Division. \\ / �\` 13125 SW Hall Blvd P Tigard.OR 97223 � Q \ (W3)639-4171 . htlpJhw�ci.tigard.or.us Community Develo'ment Plot date:Jun 9,2008;C:\magicVNAGIC03.APR 1S136D6-01700 1S136DB-005D1 ABBOTT BRUCE&REBECCA FRANCESCHI JEROME R/GENEVIEVE R 10850 SW 74TH AVE INTER VIVOS TRUST AGREEMENT DATE MA TIGARD, OR 97223 FRANCESCHI KENNETH A/BARBARA A 602 THIRD ST STE#9 SAN FRANCISCO, CA 94107 1S136CA-00100 1S136D6-00201 BRUCE LiSA& FRED MEYER STORES INC BRUCE SCOTT BY BURKE 8 NICKEL 7510 SW SPRUCE ST STORE#375 TIGARD, OR 97223 3336 EAST 32ND ST#217 TULSA,OK 74135 1S136CA-90151 1S136AC-03400 BRUDERS EARL F� D MEYER STORES INC 10900 SW 76TH PL#15 BY B E 8 ' EL TIGARD, OR 97223 STORE# 333 ST 32 ST#217 T SA,OK 74135 1S136D8-01400 1 136AC-03402 CARLASCIO GIL E FR MEYER STO ES INC 10915 SW 74TH AVE BY BU E& EL TIGARD,OR 97223 STORE 333 AST 32 T#217 LSA,OK 74135 7S136CA-90341 1S136CA-90281 CATHEY CORRIN K FREEL HEATHER M& 10900 SW 76TH PL#34 JOHN50N FALONA P TIGARD, OR 97223 3934 SW MULTNOMAH BLVD PORTLANCI,OR 97219 1S136DB-00700 1S136CA-90241 CORBIN GROVER D TRUSTEE FROHNMAYER SUSAN V BY TBC TAX UNIT#016600 10900 SW 76TH PL#24 PO BOX 35370 TIGARD,OR 97223 LOUISVILLE, KY 40232 1 S136AC-03801 1 S136D6-00800 CROWDER DONALD L TRUSTEE GALVAN SALVADOR R&MERCEDES 82513 CROWDER RD PO BOX 23051 SEASIDE,OR 97138 TIGARD, OR 97281 1S136AC-03900 1S136D6-OC900 DEAL�ORI MATHIS 8 J TODD GENSMAN MITCHELL EDWARD 10815 SW 74TH AVE PO BOX 1626 PORTLAND,OR 97223 SHERWOOD,OR 97140 1S136DB-01600 1S136DB-00500 DORRELL DONAL N GGE TIGAR LLC 10885 SW 74TH ST 11619 SW PACIFIC HWY TIGARD,OR 97223 TIGARD, UR 97223 1S136D6-01500 15136CA-90322 DORRELL DONAL V G DELMA GRAHAM RHONDA L PO BOX 230482 10900 SW 76TH PL#32 TIGARD,OR 97281 TIGARD,OR 97223 1S136CA-01600 1S136D6-02600 HALL DONALD W 8 GRACE L& MCDONALDS RESTAURANTS OF OREGON HALL JOHN G&PARKER CAROL J BY MCDONALD'S CORP(36-0105) Go AMAN WALTER S CREDIT SHELTE PO BOX 182571 PO BOX 2990 COLUMBUS, OH 43218 TUALATIN, OR 97062 1S136CA-90141 1S136D6-01800 HENNESSY JEFFREY R MICKLEY WILLIAM C&MARY R 10900 SW 76TH PL#14 10880 SW 74TH TIGARD,OR 97223 TIGARD,OR 97223 1S136CA-90231 1S136CA-01800 HOLTE SECELIA E MILNE REAL PROPERTIES INC 10900 SW 76TH PL#23 1312 SV�/16TH AVE TIGARD,OR 97223 PORTLAND, OR 97201 �S136CA-90201 1S136CA-90172 JACOBSON KEVIN MISKA TRUST 10900 SW 76TH PL#20 BY MISKA EDWARDS P 8 TIGARD,OR 97223 PHYLLIS A TRS 745 THIRD ST LAKE OSWEGO,OR 97034 1S136AC-03800 1S136CA-90272 JONES KEVIN L&JANICE A MITCHELL PATRICK W 7302 SW SPRUCE ST 10900 SW 76TH PL#27 TIGARD, OR 97223 TIGARD,OR 97223 1S136CA-90131 1S136CA-90071 JUNG JAMES H MOTLAGH ZENAIDA F& 10900 SW 76TH PL#13 MOTLAGH MEHDI SARY TIGARD,OR 97223 10900 SW 76TH PL#7 TIGARD,OR 97223 1 S136D6-00200 1 S136D8-02000 KBF II LLC& NELSON ROBERT L SHIRLEY JGF II LLC 12316 NW CORNELL RD 602 THIRD ST STE#94107 PORTLAND,OR 97229 SAN FRANCISCO,CA 94107 1S136DB-02100 1S136CA-90061 LEWIS BENJAMIN NOLAN NICKLEN JEAN C 10970 SW 74TH AVE 10900 SW 76TH PL#6 TIGARD,OR 97223 TIGARD,OR 97223 1S136CA-90291 1S136D6-00190 MACY TIMOTHY&NANCY OREGON DEPT OF TRANSPORTATION 35351 NE WILSONVILLE RD R/W PROPERTY MGMT UNIT NEWBERG,OR 97132 FILE#06948-//1245 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1S136D8-01900 1S136CA-90222 MAGLEY PAMELA L ORI JEFFREY F 10910 SW 74TH AVE 10900 SW 76TH PL#22 TIGARD,OR 97223 TIGARD,OR 97223 1S136D8-01200 1S136DB-02602 PATELZICK JOHN J JR& STEWART PHYLLIS TRUST PATELZICK CYNTHIA A BY US BANK TRUSTEE 10975 SW 74TH AVE REAL ESATE ASSET ADMIN TIGARD,OR 97223 PO BOX 3168 PORTLAND,OR 97208 1 S136CA-90262 1 S136CA-90182 PICKRELL CLARENCE B JR& TEVET SHONAH KATHRYN E REVOCABLE TRUST 10900 SW 76TH PL#18 807 CEIBA PL TIGARD,OR 97223 NEWPORT BEACH,CA 92660 1S136CA-90117 36CA-900 REESOR LOUISA TIG OODS A CONDO COMMUNITY 10900 SW 76TH P�#11 UN NERS TIGARD,OR 97223 0 1 S 136 DB-02200 1 S 136 DB-00600 SATHER RONALD A TYSON FAMILY TRUST& 11000 SW 74TH AVE LARSON RAYMOND K/EILEEN FRANCIS TIGARD,OR 97223 BY TBC#016600 PO BOX 35370 LOUISVILLE, KY 40232 1S736CA-90212 1S136CA-90081 SCHAEFFER CAROL VANDIJK CAROLYN L 10900 SW 76TH PL#21 10900 SW 76TH PL#8 TIGARD,OR 97223 TIGARD,OR 97223 1S136CA-90191 1S136DB-01000 SCHMUKI FRANK&MARTIE FAMILY T WHITE OAK VILLAGE LLC BY FRANCIS C/MARTHA J SCHMUKI TRS BY STEVE DALTON 10900 SW 76TH PL#19 7955 SW HALL BLVD TIGARD,OR 97223 BEAVERTON,OR 97008 1S136CA-90051 1S136DB-02300 SHORB ANN M WHITE OAK VILLAGE LLC 10900 SW 76TH PL#5 7955 SW HALL BLVD PORTLAND, OR 97223 BEAVERTON, OR 97008 1S136DB-01100 1 136CA-01700 SIMONSON KATHRYN A WH OAK GE LLC 11005 SW 74TH BY STE ALTON TIGARD, OR 97223 795 W HAL LVD AVERTON,OR 97008 1S136D6-02601 1S136CA-90161 SLAGTER RICHARD A 8 TAMERA L WINANS EMILY 5760 SW NICOL RD 4901 PARKVIEW DR#M PORTLAND,OR 97225 LAKE OSWEGO,OR 97035 1S136CA-90332 1S136CA-90121 SPANGLER JEROME WISCHMEYER SARAH M PO BOX 55394 10900 SW 76TH PL#12 PORTLAND,OR 97230 TIGARD,OR 97223 1S136CA-90251 ZEIS A J 8 IRENE C 10900 SW 76TH PL#25 TIGARD,OR 97223 1S136DB-01300 ZSOKA KENNETH& NICHOLS TIFFANYE 10945 SW 74TH AVE TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design �roup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82�d Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78'h Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES �i:\curpin\setup\labels\CIT East.doc) UPDATED: 6-Aug-07 �� J CITY OF TIGARD C,01�1MUNITY llFVF.1,OPMENT D�Pf1RTl�1liNT ,� PLANNING DIVISION 13125 SW HALI. BOUL�VARD = TIGARI�, (�Rl?GON 97223 NIIUNI�.: 5f13-(�39--11,1 1�.�\\: S(li-(,?-�-3G�1 (.Atrn: I'att�/I'l;ii�i�ing) I:�I:AII.: �� � � REQLIEST FOR 5OO-FOOT PROPERTY OWNER MAILING LIST Propert�� o�uncr infoimauon is ealid for 3 mc�ntlls frc�m thc datc <�f��our icc�ucst INDICATf:ALL PROJGCT�I�P&TAX LOT NUMBERS (i.e. 1S134A13,Tax Lot 001OO) OR THE ADDRESSGS I�OR ALL PROJ]?CT PARC�LS BI?LOW: Site Address: 11030 SW 74th Avenue (tax map 1S1-36D6 lot 2300) PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting }'our land use application to the Ciry, and the project planner has reaie�ved your applicauon for completeness, you �vill be notified by means of an incompleteness letter to obtain cour 2 tinal sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS,PLEASE INDICATE THAT YOU NEED 2 SETS OF LABELS. The 2 t1na1 sets of labels need to be placed on envelopes (no self-adhesive envelopes please) �vith fust class letter- rate postage on the enaelopes 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 o�vners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed belo�v �uill be called to pick up and pay for the labels when they are read�-. N11�SE OF CONTACT PFRSON: �eff Caines p�����JE: 503-619-4323 (direct line) :�iA�II? OI�CC�;�IPAN�': SR Design 1,���: 503-469-8553 1?\I.111,: leffc@srdllc.com 'I'his rec�ucst ma�- bc cmailcd, mailcd, ta�ed, or hand cicli�-crcd to thr Cit�� c�f 1'igard. Please allow a 2-da�• miniinum for piocessing requesrs. Upon coinpledon of y-our request, the contact peison listeci �vill be called to pick up their request that�vill be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Ylanning/Engineering Counter at the Permit Center. The cost of processing��our request inust be paid at the cime of pick up,as etact cost can not 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 De�cri�tion: S11 to generate the mailing list,plus S2 pex shect for�rinrin�;thc list onto labels (20 addresses per sheet). Then,mulripl��nc�a��t r�� �rint r�nc sct of labcls bt- thc number oE scts rcyuestccl. -EXAMPLE - - COST FOR THIS REQUEST - 4 sheets oElabcls x$2/shee[_+K„_i�il�?>rts= SIG.UIi >hcc�(;j uf lal�cls x S_'%>hect=�x� .cts= /► +�C� 1 ,hcet,oE labcls x$2/sheet[or in[ccestcd pacncs x 2.cts= S d.1)0 :hcct(s)of labcls x S2/shect tur�nrcrested pardcs=�s °t �et�_�� GENER�TE L1ST = $1 LOU = TOT,1L = �31.00 TOT�1L = � � ��� ��,o � �si ssoa-o2soo WHITE OAK VILLAGE LLC 7955 SW HALL BLVD BEAVERTON,OR 97008 / 1 /� � � 1N r�� � l ��-�7�-� � ,. � � i k F F � � � . .. Patty Lunsford From: Jeff Caines [jeffc@srdllc.com] Sent: Monday, June 09, 2008 8:32 AM To: Patty Lunsford Subject: 500-foot mailing labels Attachments: 500 foot mailing labels.pdf Patty, Here is a PDF of the mailing label request form. I can fax it if you want. I will also be at Tigard this morning to look at a file. If they are ready this morning, I can pick them up while I'm there. Jeff SR DESIGN LLC 8196 SW Hall Bivd, Suite 232� Beaverton, Oregon 97008�www.SRDLLC.com P 503.469.1213(x104)� F 503.469.8553�leffc(a�srdllc.com Dirt Design With The Builder In Mind�;� Planning � Engineering � Surveying� Landscape Architecture� ESB CeRified � �� AFFIDAVIT OF MAILING - � ..� I, Patricia L. Lunsfo�i bein� first duly sworn/affirni, on oath depose and say that I am a Planning Administrative Assistant for the City of;I'iga ,Washington County,�regon and that I served the followi.ng: ;aeck Appnyrvu�&,�h)&hw;. ❑X N�TTCE OF PENDING LAND USE DEQSION FOR MLP2008-00006/W�IITE OAK PARTI7TON D AMENDED NOTIC� (File No./Name Relecence) � City of T'igard Plannuig Director A copyof the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof, on June 11,2008,and deposited in the Unite tates Mail on- 2008,postage prepaid. ; 1 � � (Person that Pre otice) STATE OF OREGON County of Washington ss. City of Tigard , Subscribed and sworn/affirmed before me on the �� dayof �� ,2008. OFFlCW.SEAL SHIRLEY L TREAT <C , NpTARY PUBLIC-OfiE40N L _� ��� �" COMMISSIGN NO.418777 �� My�SION EXPIRES APRIL 2S,20�� NO ARY PUB C OF ORE GON My Conunission Expires: `���}S��� , � EXHiBIT �- NOTIC�TO MORTGAC�E,LIENHOLDER,VENDOR OR SELLER '1� TIGARD DEVELOPMENT QODE REQLJIRES THAT IF YOU RECEIVE Tf-�S NOTTC�,, IT SHALL BE PROM1yIT�Y FORWARDED TO TI�PURQ�ASER NOTICE OF PENDING ,, LAND USE APPLICATION : MINOR LAND PARTITION . , � DATE OF NOTICE: June 11, 2008 FILE NO.: MINOR LAND PARTITION (MLP) 2008-00006 FILE TITLE: WHITE OAK PARTITION APPLICANT/ APPLICANT'S OWNER White Oak Village,LLC REP.: SR Design,LLC 7955 SW Hall Blvd Attn: Jeff Caines,AIQ' Beaverton,OR 97008 8196 SW Hall Blvd,Suite 232 Beaverton,OR 97008 REQLJEST: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lou of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the e�sting single-family home and btuld two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. White the applicant proposes to construct public improvements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 11030 SW 74�Avenue;Washington CounryTax Map 1S136DB,Tax Lot 2300. ZONE: R 4.5: Low Densit�Residential. The R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential uniu at a r,,;n;mum lot size of 7,500 square feet. Duplexes and attached single-family iuuts are pernutted conditionally. Some civic and institutional uses are also perniitted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18J05, 18J15, 18J45, 18J65, 18J90, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the Ciry. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON jUNE 25, 2008. All comments should be directed to EmilvEng,Assistant Planner(�712� in the Planning Division at the Cityof Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to emil tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE QTY OF 7TGARD APPREQATES RECEIVING COMIVIENTS AND VALUES YOUR INPUT. CONIlVIENTS WILL BE CONSIDERED AND ADDRESSED WIT�IIN THE NOTTCE OF DEQSION. A DEQSION ON T�IIS ISSLJE IS 7'ENTATIVELY SG'�-�DULED FOR JULY 22,2008. IF YOU PROVIDE CONIlVIENTS,YOU WILL BE SENT A COPY OF TF-�', FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN CONIlVIENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: � • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient spccificity on that issue. FAILURE OF ANY PARTY TO ADDRESS T'HE RELEVANI'APPROVAL C�ITERIA WITH SUFFIQENT SPEQFIQTY MAY PREQ.UDE SUBSEQUENT APPEALS TO TI� LAND USE BOARD OF APPEALS OR QRCLJIT COURT ON '1'HAT ISSLJE. SPEQFIC FINDINGS DIRECI'ED AT TF-�', RELEVANf APPROVAL GRITERIA ARE WHAT CONSTTTU'I�, RELEVANI'EVIDENCE. AFTER THE 14-DAY CONA�NT PERIOD Q.OSES, Tf-IE DIRECTOR SHALL ISSUE A TrPE II ADMII�IISTRATTVE DEQSION. T�IE DIREGTOR'S DEQSION SHALL BE Mt1ILED TO TI-�APPLICAN'T AND TO OWNERS OF RECORD OF PROPER7'Y LOC'.ATED WITHIN SOO FEET OF TI--IE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN CONIIv1ENT'S OR WHO IS O'I�RWISE ENTITLED TO NOTIC�. T�-�E DIRECI'OR'S DEQSION SHALL ADDRESS ALL OF THE RELEVANf APPROVAL QtI'TERIA. BASED UPON Tf-IE CRITERIA E1ND TI-�FACTS CONTAINED WITHIN Tf�E RECORD,Tf�E DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY'1�-IE. REQUESTED PERMIT OR ACITON. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • CityStaff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or concract purchase� of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FORREVIEW: The application, written commenu and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Depanmenc. If y�u want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Commenu." v� - � � � � � �- ��� - - �'I�:INfI'1 �1:11' �,E � JILP'rHiR-iiii�aib s, ---------- \\�EI ITE c>.�I� P_�Rl'ITI(.)N ; P T e�� � �� < �+ f � � � � \ LEGEND: � SLiBJECT SI'CE 1 • -I ' � i � ; I I. .. . i -L.r�: N T • � � � n�ly 1 d ERe I1.^ ••Yneqc'M�I. � EXH1B1�. White Oak Village,LLC MLP2008-00006 7955 SW Hall Blvd. WHITE OAK PARTITION Beaverton, OR 97008 SR Design,LLC Attn:Jeff Caines, AIQ' 8196 SW Hall Blvd.,Suite 232 Beaverton, OR 97008 , • 1 S 136DB-01700 1 S136DB-00501 ABBOTT BRUCE&REBECCA FRANCESCHI JEROME ht/GENEVIEVE R 10850 SW 74TH AVE INTER VIV05 TRUST AGREEMENT DATE MA TIGARD, OR 97223 FRANCESCHI KENNETH A/BARBARA A 602 THIRD ST STE#9 SAN FRANCISCO, CA 94107 1S136CA-00100 1S136�8-00201 BRUCE LISA& FRED MEYER STORES INC BRUCE SCOTT BY BURKE&NICKEL 7510 SW SPRUCE ST STORE#375 TIGARD, OR 97223 3336 EAST 32ND ST#217 TULSA,OK 74135 1S136CA-90151 15136AC-03400 BRUDERS EARL Fi� D MEYER STORES INC 10900 SW 76TH PL#15 BY B E& ' EL TIGARD, OR 97223 STORE# 333 ST 32 ST#217 T SA,OK 74135 1S136D8-01400 1 136AC-03402 CARLASCIO GIL E FR MEYER STO ES INC 10915 SW 74TH AVE BY BU E& EL TIGARD, OR 97223 STORE 333 AST 32 T#217 LSA,OK 74135 1S136CA-90341 1S136CA-90281 CATHEY CORRIN K FREEL HEATHER M& 10900 SW 76TH PL#34 JOHNSON FALONA P TIGARD, OR 97223 3934 5W MULTNOMAH BLVD PORTLAND, OR 97219 1S136D8-00700 1S136CA-90241 CORBIN GROVER D TRUSTEE FROHNMAYER SUSAN V BY TBC TAX UNIT#016600 10900 SW 76TH PL#24 PO BOX 35370 TIGARD,OR 97223 LOUISVILLE, KY 40232 1S136AC-03801 1S136DB-00800 CROWDER DONALD L TRUSTEE GALVAN SALVADOR R 8 MERCEDES 82513 CROWDER RD PO BOX 23051 SEASIDE,OR 97138 TIGARD,OR 97281 1S136AC-03900 1S136DB-00900 DEAL LOR� MATHIS 8 J TODD GENSMAN MITCHELL EDWARD 10815 SW 74TH AVE PO BOX 1626 PORTLAND, OR 97223 SHERWOOD,OR 97140 1S136D6-01600 1S136D8-005DD DORRELL DONAL N GGE TIGAR LLC 10885 SW 74TH ST 11619 SW PACIFIC HWY TIGARD, OR 97223 TIGARD.UR 97223 1S136DB-01500 1S136CA-90322 DORRELL DONA�V G DELMA GRAHAM RHONDA L PO BOX 230482 10900 SW 76TH PL#32 TIGARD,OR 97281 TIGARD,OR 97223 t S 136CA-01600 1 S136DB-02600 HALL DONALD W&GRACE L& MCDONALDS RESTAURANTS OF OREGON HALL JOHN G 8 PARKER CAROL J BY MCDONALD'S CORP(36-0105) c/o AMAN WALTER S CREDIT SHELTE PO BOX 182571 PO BOX 2990 COLUMBUS,OH 43218 TUALATIN,OR 97062 1S136CA-90141 1S136D6-01800 HENNESSY JEFFREY R MICKLEY WILLIAM C&MARY R 10900 SW 76TH PL#14 10880 SW 74TH TIGARD, OR 97223 TIGARD,OR 97223 15136CA-90231 1S136CA-01800 HOLTE SECELIA E MILNE REAL PROPERTIES INC 10900 SW 76TH PL#23 1312 SNl 16TH AVE TIGARD, OR 97223 PORTLAND,OR 97201 1S136CA-90201 1S136CA-90172 JACOBSON KEVIN MISKA TRUST 10900 SW 76TH PL#20 BY MISKA EDWARDS P& TIGARD, OR 97223 PHYLLIS A TRS 745 THIRD ST LAKE OSWEGO,OR 97034 1S136AC-03800 1S136CA-90272 JONES KEVIN L&JANICE A MITCHELL PATRICK W 7302 SW SPRUCE ST 10900 SW 76TH PL#27 TIGARD, OR 97223 TIGARD,OR 97223 1S136CA-90131 1S136CA-90071 JUNG JAMES H MOTLAGH ZENAIDA F 8 10900 SW 76TH PL#13 MOTLAGH MEHDI SARY TIGARD, OR 97223 10900 SW 76TH PL#7 TIGARD,OR 97223 1S136DB-00200 1S136D8-02000 KBF II LLC 8� NELSON ROBERT L SHIRLEY JGF II LLC 12316 NW CORNELL RD 602 THIRD ST STE#94107 PORTLAND, OR 97229 SAN FRANC15CO3 CA 94107 1 S 136 D B-02100 1 S 136CA-90061 LEWIS BENJAMIN NOLAN NICKLEN JEAN C 10970 SW 74TH AVE 10900 5W 76TH PL#6 TIGARD, OR 97223 TIGARD,OR 97223 t S 7 36CA-90291 1 S 136 D B-00190 MACY TIMOTHY&NANCY OREGON DEPT OF TRANSPORTATION 35351 NE WILSONVILLE RD R/W PROPERTY MGMT UNIT NEWBERG, OR 97132 FILE#06948-//1245 355 CAPITAL ST NE RM 411 SALEM,OR 97301 15136D8-01900 7 S736CA-90222 MAGLEY PAMELA L ORI JEFFREY F 10910 SW 74TH AVE 10900 SW 76TH PL#22 TIGARD, OR 97223 TIGARD,OR 97223 1S136DB-01200 7S136DB-02602 PATELZICK JOHN J JR& STEWART PHYLLIS TRUST PATELZICK CYNTHIA A BY US BANK TRUSTEE 10975 SW 74TH AVE REAL ESATE ASSET ADMIN TIGARD,OR 97223 PO BOX 3168 PORTLAND,OR 97208 1 S 136 CA-90262 1 S 136CA-90182 . PICKRELL CLARENCE B JR& TEVET SHONAH KATHRYN E REVOCABLE TRUST 10900 SW 76TH PL#18 807 CEIBA PL TIGARD,OR 97223 NEWPORT BEACH, CA 92660 1 S 136CA-901 11 136CA-900 REESOR LOUISA TIG OODS A CONDO COMMUNITY 10900 SW 76TH PL#11 UN NERS TIGARD, OR 97223 0 t S 136 D B-02200 1 S 136 DB-00600 SATHER RONALD A TYSON FAMILY TRUST& 11000 SW 74TH AVE LARSON RAYMOND K/EILEEN FRANCIS TIGARD, OR 97223 BY TBC#016600 PO BOX 35370 LOUISVILLE,KY 40232 1 S136CA-90212 1 St 36CA-90081 SCHAEFFER CAROL VANDIJK CAROLYN L 10900 5W 76TH PL#21 10900 SW 76TH PL#8 TIGARD,OR 97223 TIGARD,OR 97223 1 S 136 CA-90191 1 S 136D8-01000 SCHMUKI FRANK&MARTIE FAMILY T WHITE OAK VILLAGE LLC BY FRANCIS C/MARTHA J SCHMUKI TRS BY STEVE DALTON 10900 SW 76TH PL#19 7955 SW HALL BLVD TIGARD, OR 97223 BEAVERTON, OR 97008 1 S136CA-90051 1 S136D8-02300 SHORB ANN M WHITE OAK VILLAGE LLC 10900 SW 76TH PL#5 7955 SW HALL BLVD PORTLAND, OR 97223 BEAVERTON,OR 97008 1 S 136 D 8-01100 1 136CA-01700 SIMONSON KATHRYN A WH OAK GE LLC 11005 SW 74TH BY STE ALTON TIGARD,OR 97223 795 W HAL LVD AVERTON,OR 97008 1 S 136 D B-02601 1 S 136CA-90161 SLAGTER RICHARD A 8 TAMERA L WINANS EMILY 5760 SW NICOL RD 4901 PARKVIEW DR#M PORTLAND, OR 97225 LAKE OSWEGO, OR 97035 15136CA-90332 1 S136CA-90121 SPANGLER JEROME WISCHMEYER SARAH M PO BOX 55394 10900 SW 76TH PL#12 PORTLAND,OR 97230 TIGARD,OR 97223 . • 1S136CA-90251 ZEIS A J 8 IRENE C 10900 SW 76TH PL#25 TIGARD,OR 97223 1 S 136 D B-01300 ZSOKA KENNETH& NICHOLS TIFFANYE 10945 SW 74TH AVE TIGARD, OR 97223 Nathan and Ann Murdock Mildren Design ��oup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82�d Avenue 11755 SW 114th Piace Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. 8� Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES �i:lcurpinlsetupllabels\CIT East.doc) UPDATED: 6-Aug-07 �� AFFIDAVIT OF MAILING - � I, Patricia L. Lunsford being� first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of tI'igarci, Washington County,Oregon and that I served the following: ;�lx.k�nqouc&,x(s)R.�6,a�) ❑X NOTTC� OF DEQSION FOR MI.P2008-00006/W�IITE OAK PARTTTTON (Filc No./Num Relereoce) � AMENDEDNOTI(� � City of T'igard Planning Director A copy of the said notice being hereto attached,marked E�ibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on Julv 31,2008 and deposite ' he United States ' on July 31,2008,postage prepaid. I //`�-� (Peison that P ared Notice) / STATE OF ORE GON County of Washington) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the dayof ,2008. NOTARY PUBI.IC OF OREGON My Coirunission Expires: � � EXH I BIT..,.�,.� NOTICE OF TYPE II DECISION ,� MINOR LAND PARTITION (MLP} 2008-00006 = WHITE OAK PARTITION 120 D YS =10 8 2008 SECTION I. APPLICATION SUMMARY FILE NAME: WHITE OAK PARTITION CASE NO: Minor Land Partition (MLP) MLP2008-00006 PROPOSAL: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the e�usting single-f amily home and build two new single-f amily detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. While the applicant proposes to construct public impmvements as part of the White Oak Village PD,the proposed partition is separate from the PD project. APPLICANT/ APPLIC.ANT'S O�i/NER White Oak Village, LLC REP: SR Design,LLC 7955 SW Hall Boulevard Attn: Jeff Caines,AIQ' Beaverton, OR 97008 8196 SW Hall Boulevard,Suite 232 Beaverton, OR 97008 ZONING DESIGNATION: R 4.5 (PD): Low Density Residential District with Planned Development overlay. The R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential uruts at a m;n;mLUn lot size of 7,500 square feet. Duplexes and attached single-familyunits are perniitted conditionally. Some civic and institutional uses are also pernutted conditionally. LOCATION: 11030 SW 74th Avenue;Washington CountyT�Map 1S136DB, Tax Lot 2300. PROPOSE D PARCE L 1: 8,780 Square Feet. PROPOSE D PARCE L 2: 8,500 Square Feet. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.350 18390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of T'igard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection.at no cost or copies can be obtained for twenty-five cents (25 C} per page,or the current rate charged for copies at the tune of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 31, 2008 AND BECOMES EFFECI'IVE ON AUGUST 15, 2008 UNLESS AN APPEAL IS FILED. pA- �e—al-: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as� provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18390.040.G.2 of the Tigard Commuruty Development Code which provides that a written appeal together with the required fee shall be filed with the Director withui ten �10) busuiess day_s of the date the Notice of Dec�sion was mailed. The appeal fee schedule and forms are ava able from the I'lanning Division of Tigard CityHall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues ident�fied in the wntten comments subirutted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party durui_g the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to tune by the appelIate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 14, 2008. Fo�estions: er information please contact the Planning�Division Staff Planner, Ga Pa enstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Uregon 97223 or by ema to gar�tigard-or.gov. __ - ----��,� ___ I _ _I1dN ` �r �-� f- rT�.., _r� �_ � � �'I�:INff1�h1AF ' k � —1 7I ===-=o==== �E \[j,P?I NIti-11111 N 1(i sr ---------- \\}I11'E(1_-�li P_1RTITI(?N y t T ���m� �� �+ � � � LEGEND: � SLJB1ECT SITE < f -I j ❑ + � I. ` 1�ti� H � � � .. nn, aass . mq� I W I I I� F � � 8 � W I I rl :I r � � E�=��.�,.�o_�� � V� � � �,3 � li �� �►►��.J, E�,.,��� i ^ i`I i I� ! �/1 I I I c -BnRPCW[Yt:�f Ph �F'-�"f�n P. -�- � / i wtOf nnyFV�� ��+ —�—L _——— �d ` ��55 l�' Q��, - s.an ' '�- ----- 1 - . �� -�— I I ,nr.s's.- .s�r?� .�!-ui�. m�cccss/ '� �— wo cnw � y � 50 m/ UM[Ll � � � Rup�G ��y ���i .,A•S7REET �-�"!- r � — � 5� �� �,'n,��� ' I r � ° ' • € � / I I--�^'-7 �' �� R�a ���� s�e�p}! � i � I � i � r-—� tiax. ,b.. I I I � � / � �� _-' v u* � � � � rRac�a -- 5 5 . � I I �or z I I�a � � �icu u�hR/ LOT i I � I e.wo s s ;, j g _J �� �'�g s I 1] � � n cola y_ ( o � � , � - LOt77 y�� roiva� I � ��� i' I o�� s / L oo`�, J ,� �8 _ (re) / � _ � �� ��s' +�c ro� � � a a ano�w LGT 1 I �v 9831 SS'�v�9�/' f �� ______ I I �' i _� C.')1<' � I M��� I � 1S136DB-01700 � 1S136D8-00501 EXH I BIT� ABBOTT BRUCE&REBECCA FRANCESCHI JEROMC r2/GENEVIEVE R 10850 SW 74TH AVE INTER VIVOS TRUST AGREEMENT DATE MA TIGARD, OR 97223 FRANCESCHI KENNETH A/BARBARA A 602 THIRD ST STE#9 SAN FRANCISCO, CA 94107 1 S136CA-00100 1 S136DB-00201 BRUCE LISA& FRED MEYER STORES INC BRUCE SCOTT BY BURKE&NICKEL 7510 SW SPRUCE ST STORE#375 TIGARD, OR 97223 3336 EAST 32ND ST#217 TULSA,OK 74135 1 S 136 CA-90151 1 S 136AC-0340D BRUDERS EARL F�2 D MEYER STORES INC 10900 SW 76TH PL#15 BY B E& ' EL TIGARD, OR 97223 STORE# 333 ST 32 ST#217 T SA,OK 74135 1S136DB-0140D 1 136AC-03402 CARLASCIO GIL E FR MEYER STO ES INC 10915 SW 74TH AVE BY BU E 8 EL TIGARD, OR 97223 STORE 333 AST 32 T#217 LSA,OK 74135 1 S 136CA-90341 1 S136CA-90281 CATHEY CORRIN K FREEL HEATHER M 8 10900 SW 76TH PL#34 JOHNSON FALONA P TIGARD, OR 97223 3934 SW MULTNOMAH BLVD PORTLAND,OR 97219 t S 136 D B-00700 1 S 136 CA-90241 CORBIN GROVER D TRUSTEE FROHNMAYER SUSAN V BY TBC TAX UNIT#016600 10900 SW 76TH PL#24 PO BOX 35370 TIGARD,OR 97223 LOUISVILLE, KY 40232 1 S 136AC-03801 1 S 136 D B-00800 CROWDER DONALD L TRUSTEE GALVAN SALVADOR R 8 MERCEDES 82513 CROWDER RD PO BOX 23051 SEASIDE, OR 97138 TIGARD,OR 97281 1 S136AC-03900 1 S136D8-OC900 DEAL LORI MATHIS 8 J TODD GENSMAN MITCHELL EDWARD 10815 SW 74TH AVE PO BOX 1626 PORTLAND,OR 97223 SHERWOOD,OR 97140 1 S136DB-01600 1S136DB-D0500 DORRELL DONAL N GGE TIGAR LLC 10885 SW 74TH ST 11619 SW PACIFIC HWY TIGARD, OR 97223 TIGARD,UR 97223 1 S 136 D B-01500 1 S 136CA-90322 DORRELL DONAL V G DELMA GRAHAM RHONDA L PO BOX 230482 10900 SW 76TH PL#32 TIGARD,OR 97281 TIGARD,OR 97223 . . 1S136CA-01600 , 1S136DB-02600 HALL DONALD W&GRACE�8� MCDONALDS RESTAURANTS OF OREGON HALL JOHN G& PARKER CAROL J BY MCDONALD'S CORP(36-0105) Go AMAN WALTER S CREDIT SHELTE PO BOX 182571 PO BOX 2990 COLUMBUS,OH 43218 TUALATIN, OR 97062 1S136CA-90141 1S136DB-01800 HENNESSY JEFFREY R MICKLEY WILLIAM C 8 MARY R 10900 SW 76TH PL#14 10880 SW 74TH TIGARD, OR 97223 TIGARD,OR 97223 1S136CA-90231 1S136CA-01800 HOLTE SECELIA E MILNE REAL PROPERTIES INC 10900 SW 76TH PL#23 1312 SN!16TH AVE TIGARD, OR 97223 PORTLAND, OR 97201 1S136CA-90201 1S136CA-90172 JACOBSON KEVIN MISKA TRUST 10900 SW 76TH PL#20 BY MISKA EDWARDS P& TIGARD, OR 97223 PHYLLIS A TRS 745 THIRD ST LAKE OSWEGO,OR 97034 1S136AC-03800 1S136CA-90272 JONES KEVIN L&JANICE A MITCHELL PATRICK W 7302 SW SPRUCE ST 10900 SW 76TH PL#27 TIGARD, OR 97223 TIGARD,OR 97223 1S136CA-90131 1S136CA-90071 JUNG JAMES H MOTLAGH ZENAIDA F 8 10900 SW 76TH PL#13 MOTLAGH MEHDI SARY TIGARD, OR 97223 10900 SW 76TH PL#7 TIGARD,OR 97223 1S136D6-00200 1S136D6-02000 KBF II LLC 8� NELSON ROBERT L SHIRLEY JGF II LLC 12316 NW CORNELL RD 602 THIRD ST STE#94107 PORTLAND, OR 97229 SAN FRANCISCO, CA 94107 1 S 136DB-02100 1 S136CA-90061 LEWIS BENJAMIN NOLAN NICKLEN JEAN C 10970 SW 74TH AVE 10900 SW 76TH PL#6 TIGARD, OR 97223 TIGARD,OR 97223 1 S 136CA-90291 1 S136D8-00190 MACY TIMOTHY&NANCY OREGON DEPT OF TRANSPORTATION 35351 NE WILSONVILLE RD R/W PROPERTY MGMT UNIT NEWBERG, OR 97132 FILE#06948-//1245 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1S136DB-01900 1S136CA-90222 MAGLEY PAMELA L ORI JEFFREY F 10910 SW 74TH AVE 10900 SW 76TH PL#22 TIGARD, OR 97223 TIGARD,OR 97223 1S136D8-01200 • 1S136D8-02602 PATEIZICK JOHN J JR& STEWART PHYLLIS TRUST PATELZICK CYNTHIA A BY US BANK TRUSTEE 10975 SW 74TH AVE REAL ESATE ASSET ADMIN TIGARO,OR 97223 PO BOX 3168 PORTLAND,OR 97208 1S136CA-90262 1S136CA-90182 PICKRELL CLARENCE B JR& TEVET SHONAH KATHRYN E REVOCABLE TRUST 10900 SW 76TH PL#18 807 CEIBA PL TIGARD,OR 97223 NEWPORT BEACH,CA 92660 1 S136CA-901 11 136CA-900 REESOR LOUISA TIG OODS A CONDO COMMUNITY 10900 SW 76TH PL#11 UN NERS TIGARD, OR 97223 0 1 S 136D8-02200 1 S136DB-00600 SATHER RONALD A TYSON FAMILY TRUST& 11000 SW 74TH AVE LARSON RAYMOND K/EILEEN FRANCIS TIGARD, OR 97223 BY TBC#016600 PO BOX 35370 LOUISVILLE, KY 40232 1S136CA-90212 1S136CA-9D081 SCHAEFFER CAROL VANDIJK CAROLYN L 10900 SW 76TH PL#21 10900 SW 76TH PL#8 TIGARD, OR 97223 TIGARD,OR 97223 1S136CA-90191 1S136D8-�t00D SCHMUKI FRANK 8 MARTIE FAMILY T WHITE OAK VILLAGE LLC BY FRANCIS C/MARTHA J SCHMUKI TRS BY STEVE DALTON 10900 SW 76TH PL#19 7955 SW HALL BLVD TIGARD, OR 97223 BEAVERTON,OR 97008 1S136CA-90051 1S136DB-02300 SHORB ANN M WHITE OAK VILLAGE LLC 10900 SW 76TH PL#5 7955 SW HALL BLVD PORTLAND,OR 97223 BEAVERTON, OR 97008 1S136D8-01100 1 136CA-01700 SIMONSON KATHRYN A WH OAK GE LLC 11005 SW 74TH BY STE ALTON TIGARD,OR 97223 795 W HAL LVD AVERTON,OR 97008 1S136D6-02601 1S136CA•90161 SLAGTER RICHARD A 8 TAMERA L WINANS EMILY 5760 SW NICOL RD 4901 PARKVIEW DR#M PORTLAND,OR 97225 LAKE OSWEGO,OR 97035 1S136CA-90332 15136CA-90121 SPANGLER JEROME WISCHMEYER SARAH M PO BOX 55394 10900 SW 76TH PL#12 PORTLAND, OR 97230 TIGARD,OR 97223 . 15136CA-90251 ZEIS A J 8 IRENE C 10900 SW 76TH PL#25 TIGARD,OR 97223 1 S 136 D B-01300 ZSOKA KENNETH& NICHOLS TIFFANYE 10945 SW 74TH AVE TIGARD, OR 97223 Nathan and Ann Murdock Mildren Design �roup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82�d Avenue 11755 SW 114�h Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78'h Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136'h Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES �i:lcurpinlsetupllabelslClT East.doc) UPDATED: 6-Aug-07 M - 11 AFFIDAVIT OF MAILING - I, Patricia L. Lunsfor�d bein�first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of zI'iga ,Washington County, Oregon and that I served the following: ;<�,a�k�4x,nn,ti��is,c�,>n,•G,,.�} X❑ NOTIC� OF DEQSION FOR MLP2008-00006/W�IITE OAK PARTTTTON ��nk,.irz,��re,���e) � AI�4ENDEDNOTIC� � City of Tigard Plannulg Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exl�►ibit"B",and byreference made a part hereof,on Jl�1v 31,2008, and depos� e ui United St tes � on July 31,2008,postage prepaid. , \ . , l%�G�( - � C� � (Pe�on diat Prepared Nodce)i STATE OF OREGON County of Washington) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the � dayof ��'at-�-S'� ,2008. OFFlCIAL SEAL </�'IG, , /J , _ � •(,� . �-f' 8NIRLEV L TRE/►T S, ,�1 (Jl.l'�� �i'LCJ(J' NOTARY PUBUC-OHEQON NOTARY P LIC OF OREGON COMMISSK7N NO.418777 MY COMMISSION EXPIRES APRIL 2S,2011 My Corrunission Expires: �I�--�1 �� ' � � EXHIBIT.�.� NOTICE OF TYPE II DECISION ,� MINOR LAND PARTITION (MLP) 2008-00006 ° WHITE OAK PARTITION 120 DAYS =10 8 2008 SECTION I. APPLICATION SLJMMARY FILE NAME: WHITE OAI�PAftTITION CASE NO: Minor Land Partition(MLP) MLP2008-00006 PROPOSAL: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lors of 8,780 square feet and 8,500 square feet. The applicant proposes to remove the existing single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. While the applicant proposes to construct public improvements as part of the White Oak Village PD,the proposed partition is separate from the PD project. APPLICANT/ APPLICt1NT'S OWNER White Oak Village,LLC REP: SR Design,LLC 7955 SW Hall Boulevard Attn: Jeff Caines,AIQ' Beaverton,OR 97008 8196 SW Hall Boulevard,Suite 232 Beaverton,OR 97008 ZONING DESIGNATION: R 4.5 (PD): I.ow Density Residential District with Planned Development overlay. The R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a m;r,;mum lot size of 7,500 square feet. Duple�es and attached single-family units are pexmitted conditionally. Some civic and institutional uses are also pemutted conditionally. LOC',ATION: 11030 SW 74th Avenue;Washington CountyTax Map 1S136DB,Tax I,ot 2300. PROPOSED PARCEL 1: 8,780 Square Feet. PROPOSED PARCEL 2: 8,500 Square Feet. APPLICABLE RE VIE W CRITERIA: Communiry Development Code Chapte�s 18.35C 18.390, 18.420, 18.510, 18J05, 18J15, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Nouce is hereby �iven that the City of Ti�ard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DIRECTOft'S DEQSION MLI'2008-00006/WI-IITE OAK PARTI'IION PAGE 1 OF 19 ! � � CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: l. Prior to final plat appro�•al, if joint access is proposed, the applicant shall submit a cop}' of a recorded reciprocal access and maintenance easement for Lots 1 and 2. 2. Prior to fmal plat appro��al, the applicant shall submit a re�•ised de�-elopment plan showing street trees per 'I'DC 18.745.040 and include a note on their de�relopment plan that sli�ht��anations in placement may be required due to dri�re�va�•s, utilities, etc., but e�-en' attempt will be made to keep the same net number of street trees that are sho�vn on the de��elopment plan. 3. Prior to final plat approval, the applicant shall submit a reviscd dc�-clopmcnt plan showing rcquired buffering and screening south and east of the site consistent with 'I'able 18.745.2, Buffer Combinations for Landscaping and Screening. 4. Prior to fmal plat approval, the applicant shall transfer accurately the fencing and tree protecuon specificarions in the arborist report to the site plans. 'I'he tree protecrion plan needs to address tree protecrion standards and methods for after construcrion. Specifically, thet�need to address acceptable landscaping pracrices and materials around presen-ed trees. This addirional informarion can be pro�-ided on the site plans as �vell. The re�-ised tree protection plan must include a signature of appro�-a1 from the project arborist. The applicant shall prepare a cover letter and submit it, alon�with any supporting documents and/or plans that address the followin� requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 5. ;-1 Public Facilin� Improt-ement (PFI) permit is required for this project to cover the public sidewalks and any other work in the public right-of-wa��. Si�c (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Departmcnt. NOTE: these plans are in addirion to any drawings rcyuircd by thc Building Di�rision and should only include sheets rele��ant to public improvemcnts. Public Facilit�� Improvement (PFI) permit plans shall conform to Cin- of Tigard Public Improvement Desi�,m Standards,which are at�ailable at City Hall and the City's tveb page (w�vw.tigard-or.gov). G. The PFI permit plan submittal shall include the etact legal name, address and telephone number of the individual ar corporate enrin' who will be desi�mated as the "Permittee", and who will provide the financial assurance for the public impro�-ements. For esample, specif�� if the enrity is a corporarion, limited partnership, LLC, etc. r11so specif�� the state within which the entity is incorporated and pro�-ide the name of the corporate contact person. Failure to proeide accurate informarion to the Engineering Department will dela�� processing of project documents. 7. The applicant shall pro�-ide a construction vchicle access and parl:ing plan for appro��al b�• the City 1Jngineer. The purpose of this plan is for parking and traffic control during the public improvement construcrion phase. 8. The City Engineer may determine the necessity for,and require submittal and appro�-a1 of, a construcrion acccss and parking plan for the home building phase. If the City Engineer deems such a plan necessary, die applicant shall pro��de the plan prior to issuance of building perniits. 9. Prior to fmal plat approval, the applicant shall pa�T the addressing fee. (ST�1FF CONTr1C'I': Bethany Stewart, �ngineering�. NO'1'ICI�:OI�I)IRI?C"I'OR'S I)I�:CISI()'�I �f1.P21diti-�uAH1G/WI fI'l7?O:11:1',AK'1'I'I'ION P,AGI�.2OI�19 10. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facilit� Improvement pernut, indicating that they will construct the following frontage improvements along SW 74 Avenue/Street"A" as a part of this project: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; � streetlight layout by applicant's engineer,to be approved by City Engineer, and D. driveway apron (if apphcable). 11. The ap�licant's PFI permit plans shall be revised to provide separate storm sewer laterals, with separate connections to the public storm sewer system. 12. The applicant shall obtain a proval from the Tualatin Valley Water District for the proposed water connection prior to�ssuance of the Ci� Public Facility Improvement perniit. 13. f1n erosion control plan shall be provided as part of the Public Facility Improvement (PFI) perniit drawings. The plan shall contorm to the "Erosion Prevention and Sediment Control Design and Planning Manual, Febniary 2003 edition." 14. The applicant's final plat shall contain State Plane Coordinates on two monuciients with a tie to the Cit�s global positiorung system(GPS) geodetic control network(GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measuremenu to grid measuremenu and the angle from north to grid north. These coorciinates can be established by: ♦ GPS tie networked to the Cit�s GPS survey. • By random traverse using conventional surveying methods. 15. Final Plat Application Submission Requirements: A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check u1 the amount of the current final plat review fee (Contact Plannuig/Engineering Pern�it Technicians,at (503 639-4171,e�.2421). G The final plat and ata or namative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County, and bythe Cityof Tigard. D. NOTE: Washington Countywill not begin theu-review of the final plat until theyreceive notice from the Engineering Department indicating that the Caty has reviewed the final plat and submitted comments to the applicant's surveyr�r. E. After the City and Counry have reviewed the final plat,submit one paper copy of the final plat for City Engineer signature (for partiuons), or City Engineer and CommunityDevelopment Director signatures (for subdiv�sions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: e app icant s a prepare a cover etter an su mit it, a on wi any supportin ocuments an or p ans that address the tollowing re�yuirements to the CUKRE�T PLANNING �IVISION, ATTN: C�ary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 16. Prior to building perniits, the applicant shall submit a revised landscape plan showing a screen along the nonhern propeny line of Lot 1 in accordance with Section 18.745.050. 17. Prior to building pernuts,the applicant shall demonstrate the building height for Lot 2 is consistent with Section 18.730.020.G NOTIC�OF DIRECTOA'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 3 OF 19 18. Prior to demolition and building pernlits,the applicant shall position fencing as directed by the project arborist in his report dated May 28? 200g to rotect the trees to be retained. The applicant shall protect all trees and major vegetauon to be retauied with�ive or six (5': 6') foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts,driven uzto the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall ensure all proposed tree protecuon fencing is installed and inspected bythe City Forester and allow access by the City Ar6onst for the purpose of morutonng and inspection of the uee protecnon to verify that the tree protection measures are per�orrrung adequately. Failure to follow the plan, or maulta�n tree protecuon fencuig ui the des��gnated locations shall be grounds for unmediate suspension of work on the site until remediation measures and/or civil citations can be processed. Fencing shall remaui in place through the duration of home building. After approval from the City Forester, the tree protecuon measures may be removed. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely unpacts to the trees. The proposai shall be reviewed and approved by the Cary Arborist before proposed work can proceed within a tree protecuon zone. The Ciry Arbonst may require changes prior to approval. The project arborist shall be on site while work is occiu7-ing withu7 the tree protection zone and submit a surrunary repon cert�fying that the work occurred per the prop�osal and will not significantly impact the health and/or stabihty of the trees. This note shall be included on the Tree Protection Plan. 20. The applicant shall have an on-�oing responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction acuvities from irutial tree protection zone ('I'PZ) fencing installation through the building construction phase. The reports shall evaluate the condition and location ot the tree protecuon fencuig, determuie �f any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, iong-term health and stabiliry of the tree(s). If the reports are not submitted to the.City Arbonst at the scheduled intervals, and if it appears.the TPZ's or the Tree Protection Plan are not beuig followed by the contractor or a sub-contractor, the Gty can stop work on the project until an inspection can be done by the Ciry Arborist and the Project Arbonst. 21. Prior to issuance of building pernzits, the applicant or builder shall submit site plan drawin s indicating the locations of trees that were preserved on the lot during site development. In addition, the p�ans shall include accurate locations of tree canopy driplines and protection fencuig, and a si nature of a�pproval from the project ar�regarding the placement and construction techruques to be emp�oyed in 6uiId�ing the structures. All proposed protecuon fencing shall be installed and inspected prior to commencing construction. The fencing shaIl remain in place through the duration of all of the building construction phases, until the Certificate o} Occupancy has 6een approved. The a plicant shall pre are a cover letter and submit it, along with any su orting documents and/or plans that address the }ollowing requirements to the ENGINEERING �EPARTMENT, ATTN: XIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall cleariy identify where in the submittal the required information is found: 22. Prior to issuance of building pernzits,the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 23. Prior to issuance of building permits the public improvements in SW 74`'' Avenue must be completed by SUB2006-00010. If not completed, the applicant will be required to complete the improvements prior to issuance of building perniits. 24. The applicant shall either place the e�stin� overhead utiliry lines along SW 74`'' Avenue underground as a part of this project,or theyshall paythe fee ui-heu of undergrounding. The fee shall be calculated bythe frontage of the site that is parallel to the utility lines and will be $70.00 per lineal foot. If the fee option �s chosen, the amount will be $3,850.00 and it shall be paid prior to issuance of building pernuts. 25. During issuance of the building pernzit for Parcels 1 and 2,the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). NOTICC�OF DIRECI'OR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 4 OF 19 PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supportin� documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall cicarly identify where in the submittal the required information is found: 26. 1'rior to final inspecrion for Lots 1 and 2, the applicant shall submit a fmal report by the Project rlrborist certif��ing the health of protected trees and that the strcet trees were properly planted per the approved streer tree plan. Tree protecrion measures ma��be removed and fmal inspecuon authonzed upon reeiew and approval b�� the Cin-�rborist. 27. Priar to final inspecrion for Lots 1 and 2, the a�plicant shall submit a letter to the Citt� from'1'ualatin L'alle�� I��ire & Rescue ('I�'F&R) demonstrating that the esusttng fire h�-drant is capable of provic�ing the necessary fire flow demand. 28. Prior to final inspecrion for Parcel #2, the applicant/owner shall record a deed restricrions for both Parcels #1 and #2 to the effect that am� e�isting trcc grcater than G" diamcter ma`- be remo�-ed onit if the tree dies or is hazardous according to a certified arborist. "11ie deed restricrion ma�- be removed or will�be considered in�-alid if a tree j�reser�-ed in accc�rdance�4ith tlus decision should either die or be remo�•ed as a hazardous tree. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro�ertv Histor� The subject propertv is located within the Cit�� of Tigard. 11ie property is desigciateci I.c�w-Densin� Residential with Planned De�•elopment (PD) overlay on the Tigard Comprehensive Plan �fap. The subject propert}' was originall�- developed with a single-famil� dwelling in 1952. In 2006 the subject propern• was included in the White Oak `'illage Planned De�-elopment (PD) (SL B2006-00010, PDR2006-00001, ZON2007-00001) to pro�-ide access from SW 74`n 1lvenue. While the applicant will construct public unpro�-emcnt� c>n the subject parcel as part of the White Oak Village PD, the proposed parririon is separate from the PD project. Because of the small size of thc parcel (.40 acres) and lack of any si�,mificant natural resources, staff deterinined that the standards for planned development review are not applicable to the subject site and will not be required for this applicarion. Site Informarion and Pro�osal llescri�rions 'I1ie site is located �vitivn a large block with a perimeter of approximately G,200 lineal feet, bounded bj- Highwa�- 99W and Pfaffle on the south,SW 78`h��-enue on the west, SW Spruce Street on the north,and SW 71"��i-enue on the east. The site is located at the terminus of SW 74`�' .��-enue south of Spruce Street. The subject site is bordered by developed land zoned R-12 (PD) to the west,R-4.5 to the north, and GG to the east and south. The applicant is requesting approval to pararion one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and A,S�O square feet. The applicant proposes to remo�re the existing single-famil�� home and build two new single-family�detached homes. Proposed Lot 2 will be a flag lot. SECTION IV. PUBLIC COMMENTS 'The Cin� mailed norice to properry o�vners within 500 feet of the subject site providing them an opportunit�- to comment. One written comment was received from Jim �tilne regarding the access linking the White Oak �rillage devel��menT�vith Hw�� 99 which nins along property belon�ring to 1�1r. ��ilne at 11G43 SW Pacific Hwy. NO'1'ICI�.O1�lllRf{(;I'(1R'�l�l�:(:l�l(l� �f1.V21N�li-�NNxiG/\wl fl�ll�:O.Af�P.Vt'I'I'l'I()ti P:�GI�:5OI�19 RESPONSE: Mr. Milne raises issues regarding �contractor impacts to his buildin� along an access way between the White Oak Village and Hw�99. The access is designed as a pedestnan and bicy�le access with surface stormwater conveyance for the approved White Oak Village planned development. The proposed application for a muior land partit�on LS not adjacent to Mr. Milne's property and is not related to his concerns. A1 Dicl�nan, City Engineering Department,has relayed Mr. Milne's concerns to Len Dalton, owner of the White 4ak V�llage project for resolution of the issue. SEC'I'ION V. APPLICABLE REVIEW CRITERIAAND FINDINGS Planned Develo�ments (18.350.020.C.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. The decision for White Oak Village Subdivision (SUB2006-00010, PDR2006-00001, ZON2007-00001) approved a PD overlayon three parcels.The subject parcel was required for an extension of SW 74`''Avenue for access to the proposed development on the other two parcels. The subject parcel contained an existing residence that was retained and situated such that the access improvements could be made without any conflicts. The access improvements on the subject lot for the benefit of White C�ak Village have been completed. Therefore, this application for a minor land partition is subject to the Land Partitions Chapter(18.420) and the applicable specific development standards in T"itle 18. Land Partitions (18.420� The proposed partition complies with all statutory and o�iinance requirements and regulations; The proposed partition complies or can be made to comp ly with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this adininistrative dec�sion and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion�s met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are availaable to serve the proposal. Therefore,this critenon�s met. All proposed improvements meet City and applicable agency standards;and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.8 r0 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the pernut process and during construction, at which tune the appropnate review authority will ensure that Caty and applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requireinent of the applicable zoning district, The ininunum lot width required for the R 4.5 zoning district is 50 feet. Parcel# 1 is 90 feet in width;parcel #2 is 85 feet wide. Therefore,this cnterion has been met. The lot area shall be as required by the applicable zoning district In the case of a flag lot,the accessway may not be included in the lot area. The inuiunum lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two (2) lots that are 8,780 square feet (Lot 1) and 8,500 square feet (Lot 2).The access for Lot 2 �s through an easement over Lot 1. The easement�s 1,200 square feet in area,wl�uch leaves a 7,580 square feet not including the access,consistent with this standard. NOTTCE OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 6 OF 19 Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-toot wide access easement The pro�osed�artition plat (Sheet 2 of 3) illustrates that the proposed parcels meet tlus standard as Lot 1 has 60 feet and Lot has 0 feet of}rontage on SW 74`�Avenue. Setbacks shall be as required by the applicable zoning district Setbacks for the R 4.5 zoning district are as follows: front = 20 feet; side = 5 feet;side on a corner = 15 feet; and rear =15 feet. The applicant has proposed to remove the e�sting dwelling.The ap�plicant shows building envelopes for Lots 1 and 2 consistent wrth the setbacks required in the R 4.5 zorung d�stnct. Setback standards for proposed Lots 1 and 2 will be reviewed at the time of building pernzit submittal. Therefore,this cnterion is met. When the partitioned lot is a flag lot, the developer may determine the location of the front yard,provided that no side yard is less than 10 feet Structures shall generally be located so as to ma�cimize separation from existing structures. A flag lot is proposed for I.ot 2. The building envelope is shown on the PreliminaryLayout (Sheet C2) which identifies the north as the front with a 10-foot side yard to the west and a 23-foot side yard to the east, cons�stent with this standard. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accorciance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The proposed paved drive for Lot 2 would be located within 10 feet of the adjacent property to the north. The applicant proposes a fence or other screening but does not show it on the Preliminary Layout. Tlvs standard requires a screen along the property line of a lot of record where the access drive is within 10 feet. Therefore, as a condition of approval the apphcant shall submit a revised landscape plan showing a screen along the propertyline ui accordance with Secnon 18J45.050. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The fire district ('I'VF&R) has reviewed the proposal and has not required an additional fire hydrant.However,TVF&R did state that the e�vsting fire hydrant shown on the submitted drawuigs must be capable of providing the reqwred fire flow dcmand. Therefore, as a condition of approval, the applicant shall sub�ut a letter to the Caty from TVF&R demonstrating that the ex�sting fire hydrant is capable of providulg the necessaryfire flowdemand. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensune access and maintenance rights shall be recorded with the approved partition map. The applicant states that access to proposed Lot 1 has not yet been deterniined but maay include a joint access with the access proposed for Lot 2. There}ore, if joint access is proposed, the applicant shall submit a copy of a recorded reciprocal access and inaintenance easement. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Cir�culation. This standard is addressed under Chapter 18J05 (Access,Egress and Circulation) later in this decision. Where landfill and/or develo ment is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration o�the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject lot has an elevation between 250 feet on the west to 255 feet on the east. The nearest floodplain is located appro�nately 3,400 feet northwest at an elevation 170 feet. Therefore,this standard does not apply. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-OD006/WHITE OAK PARTITION PAGE 7 OF 19 An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustrnents. The applications for the partition and variance(s)/adjustment(s) will be processed concurrendy. The applicant has not applied for a variance.Therefore,this standard does not apply. FINDING: The proposed minor land partition meets, or can meet,all of the relevant standards of the land partition section as uidicated in the above findings and required in the following conditions of approval. GONDI'ITONS: . If joint access is proposed,the applicant shall submit a copy of a recorded reciprocal access and maintenance easement for Lots I and 2. . The applicant shall submit a revised landscape plan showing a screen along the north property line of proposed Lot 1 in accordance with Section 18.745.050. . The applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary f�re flow demand. Residential Zoning Districts (18.510� Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2- DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Pamell Par�cel2 Minimum Lot Size - Detached unit 7,500 sq.ft 8,780 sq.ft. 8,500 sq.ft. - Duplexes 10,000 sq.ft. (7,580 sq.ft. - Attached unit w/o access Average Minimum Lot Width - Detached unit lots 50 ft 90 ft. 85 ft. - Duplex lots 90 ft. - Attached unit lots Maximum Lot Covera e - NA NA Minimum Setbacks - Front yard 20 ft. 20 ft. 20 - Side facing street on comer&through lots 15 ft. NA NA - Side yard 5 ft 5/5 ft. 10/23 ft. - Rear ya�i 15 ft. 15 ft. 15 ft. - Side or rear yarci abutting more restrictive zoning district -- NA NA - Distance between property line and front of garage 20 ft. 20 ft. 20 ft. - Side Yard Setbacks for Fla Lots TDC 18.420.050 A 4 e 10 ft. NA 10/23 ft. Maximum Hei ht 35 ft. TBD 35 TBD 35 Minimum Landsca e Re uirement - NA NA FINDING: Prop os�ed Lou 1 and 2 can meet the development standards for the R 4.5 zone based on the Preriminary Layout (Sheet C2). The development will be subject to review and approval at the time of building permit application. Access,Egress and Cir�ulation�18.705� Continuing obli�ation of p%perty owner. The provisions and maintenance of access and egress stipulated in this tide are cont�nuing requirements for the use of any structure or pa�el of real property in the City. The standards of this chapter will be a continuing obligation on the owners of these parcels. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stackin needs, sight distance and deceleration standards as set by ODOT, Waslungton County,the City and AASH�O. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-0000G/WHITE OAK PARTITION PAGE 8 OF 19 The access for this two lot partition is at the eye-brow corner of SW 74th Avenue and "A" Street (under construction with the White Oak Subdivision). The applicant's engineer, SR Design, submitted a preliminary sight distance certification, dated May 29, 2008. The streets are both classified as local streets.with speed limits of 25 mph, which reqwres a m;n;mlun of 250 feet sight distance in each direction from the access pouits. The engineer states s��ght distance from the access points to the north on 74th Avenue was measured to be in excess of 250 feet. The sigh�t cGstance to the west in the direction of Street "A" was not detennined since the street is not fully constructed at this time. The access points, however, are directly opposite Street "A", posing no sight distance impediments. Section 18.705.030.H.2 states that driveways shall not be pennitted to be placed in the influence area of collector or arterial street intexsections. Influence area of intersections is tFiat area where gueues of traffic commonly form on ap�proach to an intersection. The minimum driveway setback from a colIector or arterial street intersection shaII be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater dependin upon the influence area, as determined from C�ity Engineer review of a traffic impact report submitted by�e applicant's traffic engineer. In a case where a pro�ect has less than 150 feet of street frontage, the apphcant must explore any op tion for shared access with the ad jacent pa�el. If shared access is not possible or practical, the drivewa y shall be placed as far from the inteisection as possible. 74th Avenue is classified as a local street. Therefore,this criterion dces not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet The minimum spacin�of drivewa�ys and streets along an artenal shall be 600 feet The minimum spacing of local streets along a local street shall be 125 feet No streets are proposed. Therefore,this criterion does not apply. Joint Access. Owners of two or more uses, structures, or pa�els of land may agree to utilize joindy the same access and egress when the combined access and egress of both uses, structures, orp amels of land satisfies the combined requirements as designated in this tide, provided: Satisfactoiy legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements,leases or contracts are placed on permanent file with the City. The applicant states that access to proposed Lot 1 has not yet been deternuned but rna�y include a joint access with the access proposed for Lot 2. There}ore, if joint access is proposed, the applicant shall submit a copy of a recorded reciprocal access and maintenance easement.A condiuon has 6een unposed to this effect. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect direcdy with a public or private street approved by the City for public use and shall be maintained at the required standards on a cont�nuous basis. The applicant proposes direct access to SW 74�'Avenue,a public street. Therefore,this standard is met. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. Each parcel will have a standard driveway with direct access to SW 74`� Avenue on flat land. Comments received from Tualatui Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, th�s standard is met. Access drives in excess of 150 feet in length shall be provided with app roved provisions for the turning around of fire apparatus by one of the following:a) A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5°/o. The access drive is shown as 60 feet,consistent with this standard. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 9 OF 19 To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles• or cause hazardous conditions to exist which would constitute a clear and present danger to the pu�lic health, safety, and general welfare. SW 74th Avenue is a local street serving a low and medium densiry residential neighborhood. There is no reason to restrict the location of the proposed additional driveway.Therefore,this standarci does not apply. FINDING: The standards of the Access Management chapter(18.705) have been satisfied. Density Com�utations (18JL5�: A. Definition of net development area. Net development area, in acres, shall be deternuned by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal descnpt�on of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park puiposes; 3. All land dedicated for public rights-of way. 4. All land proposed for pnvate streets;and 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. B. Calculating maximum number of residential units. To calculate the maacimum 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 distric� G Calculating minimtun number of residential units. As re quired by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maxunum number of units detemiined in Subsect�on B above by 80% (0.8). The subject .40-acre parcel totals 17,280 square feet. There are no sensitive land areas or private streets within the subject proposal. Since pubhc right-of-way dedication and im rovements occurred with the adjacent White Oak Village development, the net developable area is 17,280 square �eet. As the muiunum lot size for the R 4.5 zone is 7,500 square feet,the maxunum number of lots is 2 (17,28D/7,500 square feet =2.3 lots). The m�n�mum number of lots �s one (2 x .80 = 1.6). Pursuant to 18.730.050.E the lot area for a flag lot shall be provided entirely within the building site area exclusive of any access way. The area for Lot 1 as proposed �s 8,780 square feet consutent with this standard. The proposed partition creates two (2) separate lots in conformance with the density requirements. FINDING: Based on the analysis above,the Density Computation Standards have been met. Building Heights And Flag Lots (18.730.020.C� Limitations on the placement o residential structures on flag lots apply when a flag lot is created after April 15, 1985 by an approved partition. The maximum height for an attached or detached single-family, du.plex, or multiple-family residential structure on a fla lot or a lot having sole access from an accessway, pnvate drive or easement is 1-1/2 stories or 25 feet, w�ichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: a. The proposed dwelling othenvise complies with the applicable dimensional requirements of the zoning district; b. A 10 feet side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the and�ect dwelling, or the residential structure exceeds 1-]/2 stories or 25 feet in height on any abutting lot; NOT'IC�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 10 OF 19 � d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot ' unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. 3. Where an agreement is made to plant trees capable of mitigatin direct views, the agreement shall be deemed a condition of approval under the pmvisions of Section 18.3�0.030 D. 4. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review for three or more attached units or a multiple-fainily residential structure, or, at the time of issuance o� building permits, for single detached units, one duplex or two attached residential units. FINDING: The applicant has shown in the Preliminary Layout (Sheet C2) that 10-foot side yards will be preserved. It appears that dwellings on adjacent properties may not be more than 50 feet from the building envelope. Therefore, the flag lot height limitation may apply to the proposed flag Lot 2. The setbacks must be confirmed at the time of building pernut review. To ensure tlus standard is met, the applicant shall demonstrate the building height �s consistent with the Section 18.730.020.0 CONDITTON: ♦ Prior to building permits, the applicant shall demonstrate the building height for Parcel #2 is consistent with the Secnon 18.730.020.0 Landscaping and Screenin� (18.745� Existing vegetation on a site shall be protected as much as possible: 1) The developer shall provide methods for the protection of e�ustin� vegetation to remain during the construction process; and 2) the plants to be saved sFiall be noted on the randscap e plans (e. ., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the indvidual trees�. The applicant's Preluninary Layout (Sheet C2) shows tree protection fencing for existing on-site trees and trees on adjacent parceLs,cons�stent with th�s standard. Street Trees Section 18.745.040.A: All development projects frontin� on a pu�blic street, private street or a private driveway more than 100 feet in length approved after the adopt�on of tliis tide shall be required to plant street trees in accordance with the standards in Section 18.745.040C. Tlvs requirement has not been met. No street trees are shown on the 74�'Avenue/A Street frontage. There appears to be sufficient room for one street tree in the�plantin strip between the two water meters. The applicant states that street trees may be planted with the White Oak ViIlage (P�),but no street trees were included in those plans. The applicant shall include a note on their development plan that slight variations in placement may be required due to driveways, utiliues, etc., but every attempt will be made to keep the same net number of street trees that are shown on the Street Tree plan. Buffering and Screening Requirements Section I8.745.050: Buffer Matrix.The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; The proposed land panition occuts on a parcel.zoned R 4.5. The adjacent zone to the east and south is GG.According to T"able 18J45.1 Buffer Matrix, when an ex�sting/abutting use is a GG zone or a parking lot, a Level C buffer �s required. The Pre�imulary Layout (Sheet C2) does not show any buffering or screening�. Therefore, the applicant shall subrrut a rev�sed plan cons�stent with Table 18J45.2,Buffer Combinauons for Landscapuig and Screening. FINDING: The landscape and Screening standards have not all been met. However with conditions of approval requinng street trees and buffering of adjacent uses,these standarc�s can be met. NOTTC�OF DIRECTOR'S DEQSION MLI'2008-0000G/WHITE OAK PARTITION PAGE 11 OF 19 GONDI'ITONS: . The applicant shall submit a revised develo�ment plan showin street trees per TDC 18J45.040 and include a note on their development plan t�at slight vanations in p lacement may be require d due to driveways, u u l ities, etc., but every attempt w i ll be made to keep the same net number af street trees that are shown on the Street Tree plan. . The applicant shall submit a revised development pl�an showing required buffering and screerung south and east of the site consistent withTI'able 18.745.2,Buffer Tree Removal(18.790� A tree plan for the planting, removal and protection of trees prepared by a certified ari�orist shall be provided for any lot, parcel or combination of lots or par�els for which a develop ment ap plication for a subdivision partition, site development review, planned development or conditionai use is tiled. Protection is preferrec� over removal wherever possible. As required,the applicant has provided a tree plan conducted byPhil Hickey,a certified arborist which meets all the required elements except a protection program defining standards and methods that wrll be usec�bythe a plicant to protect trees during and after construction. All existuig trees will be retained;therefore no mitigation�be required. The fencing and tree protection specifications in the arborist report need be transferred accuratelyto the site plans. The tree protecuon plan needs to address tree protection standards and methods for after constniction. SpecificaIly�they needto address acceptable landscaping practices and materials around preserved trees.T�vs additional inforn�at�on can be provided on the site plans as we�l. Finally,the revised tree protection plan needs to include a signature of approval from the project arborist. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified axfiorist The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a haza�clous tree. The form of tlus deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Based on the analysis above, the Tree Removal Standards have not all been met. In orcier to meet these standards,the applicant shall satisfythe following conditions of approval: CONDI'ITONS: . The applicant shall transfer accurately the fencing and tree protecuon specifications in the arborist rep�rt to the site plans. The tree protection plan needs to address tree protection standards and methods for after construcuon. Spec�fically, they need to address acc�eptable landscaping practices and materials around preserved trees. Tlvs additional in�ormation can be provided on the site plans as well. The revised tree protection plan must include a signature of approval from the project arborist. . The applicant shall position fencing as directed by the �project arborist in his report dated IVIay 28, 2008 to protect the trees to be retained. The applicant shall protect all trees and major vegetation to be retained with five or six (5' - 6� foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall� position fencmg as directed bythe project arborist to rotect the trees to be retained. The applicant shall allow access by the City Arborist �or the purpose of monitoring and inspection of the tree protecuon to verify that the tree pmtecuon measures are perfornzing adequately. Failure to follow the plan, or mauitaui tree protection fencing in the designated locations shall be rounds for irrunediate suspension of work on the site until remediation measures an�/or civil citations can be processed. NOTICE OF DIRECTORS DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 12 OF 19 . If work is required within an established tree protection zone,the project arborist shall prepare a proposal detailing the construction techruques to be emp loyed and the likely unpacts to the trees. The proposal shall be reviewed and approved by the Caty Arbonst before proposed work can proceed within a tree protection zone. The City Arborist may requu-e changes pnor to approval. The project arbonst shall be or.site while work is occurnng withui the tree protection zone and subrrut a s�iaryreport certifying that the work occurred per the proposal and will not significantly unpact the health and/or stability of the trees. Th�s note shall be included on the Tree Protection Plan. . Prior to issuance of building, perniits, the applicant or builder shall submit site plan drawings indicating the locanons of trees that were preserved on the lot dunng site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the pro�ect arborLSt regarduig the� placement and construcuon techrugues to be employed m �uilding the structures. AIl proposed protection fencing�shali be.installed and inspected pnor to commencing construcuon. The fencmg shall remaui in place through the durauon of all of the building construcuon phases, until the Certificate of Occupancy has been approved. . Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist cenifyu�g the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and f inal inspecuon authorized upon review and approval by the City Arborist. . The applicant shall have an on-goin�responsibility to ensure that the Project Arborist has submitted wntten reports to the ty Arbonst, at least once every two weeks,as the Project Arborist monitors the construction activities from initial tree�Protect�on zone (TPZ) fencing installation through the building construction hases. The reports shall evaluate the condition and location of the tree rotection �encing; deternune �f any changes occurred to the TPZ, and if any part o�the Tree Protection Plan has been violated. If the amount of TPZ was reduced,then the Project Arborist shall certify that the construction activities did not adversely unpact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the Ciry Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the.contractor or a sub-contractor, the City can stop work on the pro�ect unt�l an inspecuon can be done bythe CityArborist and the Pro�ect Arbonst. . Prior to issuance of any Certificates of Ckcupancy, the applicant/owner shall record deed restrictions to the effect that any e�sting tree greater than 6" diameter may be removed only if the tree dies or is hazardous accorduig to a cert�fied arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Visual Clearance Areas (18J95� T 's Chapter requires t a c ear vision area shall be maintained on the cornets of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicIe hedge pl�antin fence, wall structure, or temporary or permanent obstruction exceedin three �3) feet in height TI'he coc�e provides that obstructions that may be located in this area shall be visual�y clear etween three (3) and eight(�) feet in height Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting thesc two points with a straight line. FINDING: The applicant's Preluninary Layout (Sheet C2) shows the vision clearance area for the access for the proposed Lot 2,cons�stent v�nth tlus standard. Im�act Study(18.390� Section 18.360.090 states: "The Director shall make a finding with res�ect to each of the following criteria when approving, approving with conditions or denying an application: ' NOTTC�OF DIRECTOR'S DEQSION MLI'2008-OOOOG/WHITE OAK PARTITION PAGE 13 OF 19 � Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real roperty dedicat�on is not roughly propoctional to the pro�ected impacts of the develo ment Section 18.390.�40 states that when a condition of ap roval reyuires tlie transfer to the public of an interest in real propeity,the approval authority shall adopt findings which support the conclusion that the interest in real propeity to be transferned is roughly propottional to the impact the proposed development will have on t1�ie pubLc. The applicant has submitted an impact study. SW 74th Avenue is currently partially improved and will be fully improved per SDR2006-00010. The applicant will be extending sarutary sewer and storm draulage connections to the two parceLs to account for the additional impervious area beuig added to the site and to mitigate for the loss of the present septic drain.field. Sewer is already ava�lable and has sufficient capacity to serve the development. Other unpacts to public facilities are offset bythe collection of Systems Development Charges (SDC's) collected at the time of bulding pemut �ssuance. Therefore, th�s standard can be satisfied through meeung the conditions of approval in this dec�sion. The TTF will be paid at the time of building pernuts and is a mitigation measure required for new development. Based on Washington Cfluntyf' es,TTF's are e ected to recapture 20 percent of the traffic impact of new development on the Collector and Arte�treet system, �e TTF for the proposed development �s $3,020 (1 new dwe]luig urut x $3,020/per dwelling unit). Based on the estimate that TIF fees cover 20% of the ' act on major street improvements cityvvide, a fee that would cover 100% of this proJ'ect's traffic imp act is $15,100 ($3�20 =0.20). The difference between the TTF paid and the full impact is considered the tuuzut' ated impact on the street system. The Luunitig ated impact of this project on the transponation system is $12,080�$15,100 - $3,020). The apphcant is not required to dedicate any property and �s not antiapated to uicur any mitigated costs.Therefore,the reqwred improvements meet the rough proportionahty test. PUBLIC FACILITY CONCERNS Street And Utility Im rovements Standards (Section 18.8101: Chapter 18.810 provi�es construcdon stand`a�or the implementation of public and private facilities and utilit�es such as streets, sewers,and drainage. The applicabie standards are addressed below: Streets: Improvements: Sect�on 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Ri hts-of-Way and Street Widths: Section 18.810.030.E rec�uires a Neighborhood Route (without bike lanes) to�ve a 54 toot right-of-way width and 32-foot paved section. Other improvements rec�uired may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies ad�acent to SW 74th Avenue and "A" Street, which is classified as a local street on the City of T"igard Transportation �lan Map. The right-of-way for the eye-brow corner was dedicated with the land use for SUB 2006- 0001�,White Oak Subdrvision. SW 74th Avenue (eye-brow corner) is currently not improved. However, SUB2006-00010 has been conditioned to complete these u'np�rovements. The public street unp rovements as required by SUB2006-00010 must be complete prior to�ssuance of builduig pernuts in orcier to mitigate the impact from tivs development. NOT'ICE OF DIRECI'OR'S DEQSION MLI'2008-0000G/WHITE OAK PARTITION PAGE 14 OF 19 � Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existin and proposed future stmets from the boundaries of the proposed land division. This section also states �t where it is necessary to give access or pernut a satisfactory future division of ad'oining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade sha� be constnicted at the end of the stree� These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be consttucted at the end of the street by the property owners wluch shall not be removed until authorized by the City Engineer, the cost of which shall be included in the str+eet construction cost Tem orary hammerliead turnouts or temporary cul-de-sac bulbs shall be constn.icted for stub streets in excess o�150 teet in length. Due to existing development and access control on I-�'ighway 99 there are no oppomuuties to provide future streets or extensions of streets. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten pencent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shalI be as determined by the City Engineer. The grade along the 74'�'Avenue frontage does not exceed 12%,therefore this criterion is met. Block Desig ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate buildin sites for the use contemplated, consideration of needs for convement access, circulation, control an� safety of street traffic and recognition of limitations and oppoctunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks fotmed by streets shall not exceed 1,800 feet measured along the right-of-way line except • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- e�usting development or, • For blocks adjacent to arterial streets,limited access highways,major collectors or railroads. • For non-residential blocks in which internal public cir�ulahon provides equivalent access. No new streets are being created with this partiuon. Therefore,this standard is not applicable. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or ri ht-of ways shall be provided when full street connechon is not�ossible. Spacing between connections sha�be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns,or stnct adherence to other standards in the code. Siinilarly,since no streets are being proposed,and no connections are required,this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 tunes the average lot width, unless the par�el is less than 1.5 t�mes the minimum lot size of the applicable zoning district Proposed Lots 1 and 2 are less than 1.5 times the ininiin lot size and are exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on public or private streets, other than an alley. In the case of a land pattition, 18.420.050.A.4.c ap lies, which requires a pa�el to either have a minimum 15-foot frontage or a mimmum 15-foot wide reco�ed access easement In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 fee� The�roposed development is a minor land partition.Proposed Lot 1 has 60 feet of frontage on SW 74�'Avenue;Lot 2 has 0 feet of frontage on SW 74th Avenue.'Therefore,tivs criterion is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of acterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. NOTICE OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 15 OF 19 � The public sidewalk is required as a condition of SUB2006-00010.. The�applicant.has a�reed to bond for the sidewalk along this pro�ect frontage wlule the homes are under construction. The apphcant shall provide for this bonding through the Clt�s PFI perrrut process. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitaty sewer be installed to serve each new develo ment and to connect developments to existin mains m accordance with the provisions set forth in Design and Construction Standards}or Sanitary and Su rface Water Management(as adopted by Clean Water Sernces in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an e�risting 8 inch sanitary sewer line in SW 74th Avenue. The applicant's plans show separate latera]s for each lot. Stomi Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvett or other drainage facility shall be lar�e enou h to accommodate potential runoff froin its entire upstream drainage area,whether inside or outside tlie deve�opment The City Engineer shall approve the necessary size of the facility based on the pro� visions of Design and Construction Standards for Samtary and Surface Water Management�as adopted by Clean Water Seivices in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulti�ng from the development will overload an exist�ng drainag e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, C1ean Water Services (C`�'1S) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective imp ervious area reduction prog ram resulting in no net increase in storm peak flows up to the 25-year event. The Caty will require that all new developments resultin in an increase of impervious surfaces provide onsite detention faciliues,unless the develo�pment is located adjacent to�anno Creek For those developments adjacent to Fanno Creek,the storm water runoff wiIl be pernutted to d�scharge without detention. The G1X/5 standards include a provision that would exclude small projects such as residential land partiuons. It would be impractical to require� an on-srte water quantity facility to accommodate detention of the storm water from Lots 1 and 2. Rather, the G� standards provide that apphcants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee u�-lieu on this apphcation. The ap licant's plans show the two private laterals combuung into one prior to connecting to the public storm line. This�not be allowed. The PFI Per-mit plans shall be revised to provide separate laterals with separate connections to the public storm sewer main. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments ad'oining proposed bikeways identified on the Cit}�s adopted pedestrian/bikeway plan shall include provisions �or the iuture extension of such bikeways through the dedication of easements or nght-of-way. SW 74`''Avenue is not classified as a bicycle facility. NOTICE OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 160F 19 � Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television servrces and related facilities shall be placed underg ro� und, except for surface mounted transformeis, surface mounted connection boxes and meter cabinets which may be placed above ground, tempora�y utility service facilities during construction, high capacity electric lines operahng at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the unde round services; . The �ty reserves the right to approve location of all surface mounted facilities; . All underground utilit�es, incIuding sanitary sewers and storm drains installed in streets by the developer, shall be constructedp nor to the surfacing of the streets;and . Stubs for service connections sFiall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-groundin� the ut�lities outweighs the benefit of under-grounding in conjunction with the development The determinat�on shall be on a case-by-case basis. The most common, but not the only such situat�on is a short frontage development for which under- rounding would result in the placement ot�additional poles, rather than the removal of above-ground utilities�acilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW 74th Avenue. If the fee in-lieu is proposed,it is egual to $70.00 per lineal foot of street frontage that contairis the overhead lines. The frontage along this site is 551uieal teet; therefore the fee would be $3,850.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water�ualit.x The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Desi�n and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construct�on of on-site water quality facilities. The facilities shall be designed to remove 65 �ercent of the phosphorus contained in 100 pe�ent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standa.rds include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcels 1 and 2. Rather, the C�X� standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavatin�, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant shall submit an erosion control plan with the PFI pern�it application. Address Assignments: The City of Tigard is responsible for assigning addresses fo� rparceLs within the City of T' ard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the Cityprior to�inal plat approval. NOTTCE OF DIRECI'OR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 17 OF 19 Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the Ci�s global positioning system (GPS) geodetic control network(GC 22). These monuments shall be on the same line an shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the Cit�s GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (rnanholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECI'ION VI. OTHER STAFF COMMENTS City of Tigard Building Department has reviewed the proposal and has not objections to it. City of Tigard Public Works Depattment was notified of the proposed partition but did not comment. City of Ti ard Arborist has reviewed the proposal and the applicant's tree removal plan conducted by a certified arborist,P�I�ickey. The report does not contau�all four of the required components, and, �s therefore, unacceptable. The City Arborist comments have been included in the findings for the Landscapuig and Screening and Tree Removal Chapters, above. SECI'ION VII. AGENCY COMMENTS Verizon Wireless reviewed the proposal and stated that "Verizon has current facilities that will be impacted. The developer will need to request a d�sconnect for the building that is to be removed. A 5 foot easement on the west property luze is indicated but none on the adjacent Lot 27 and Tract D. Currently,Verizon has a pole in that area is the cnyvacation the previous easement that allowed placement of that pole. Can it be move to the 5 foot easement?" RESPONSE: The plans show a 6-foot PUE on the west propertyline which continues on to the adjacent Tract D and from there along the frontage of Lot 27. Pursuant to Section 18.810.120.0 the City requires undergrounding of util.ines. Future service to the subject lots will reqwre underground service in the public utility easement as shown on the plan. Clean Water Services has reviewed the roposal and issued a Sensitive Area Pre-Screening Site Assessment, File No. 08001251 on May 28 2008. CWS reques�ted clarification on the storm connection planned for the proposed lots and the definition of tlag�ots as it relates to the proposed access easement over proposed Lot 1 for the benefit of proposed Lot 2. RESPONSE: The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impracncal to require an on-site water quantity facility to accommodate detention of the storm water from Lots 1 and 2. Rather the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemec�appropriate. Staff recommends payment of the fee uz-lieu on this application. The ap licant's plans show the two private lateraLs combining into one prior to connecting to the public storm line. 11vs � not be allowed. The City has conditioned the apphcant to rev�se the PFI Pernzit plans to provide separate laterals with separate connections to the publ.ic storm sewer main. TDC 18.120.030.90.c allows flag lots to gain access through an easement across the frontage lot,as proposed. Tualatin Valley Water District has reviewed the proposal and has not objections to it. NOTIC�OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 18 OF 19 Tualatin Valley Fire and Rescue submitted a comment letter dated June 23, 2008 endorsing the subject proposal predicated on the following criteria and conditions of approval: 1) SINGLE FAMILY DWELLINGS- REOUIRED FIRE FLOW: The min;mum available fire flowfor single familydwellings and duplexes served by a municipal water supplyshall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger,the required fire flow shall be detennined according to IFC Append'u�B. (IFC B 105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Af f ected goverrunent agencies Final Decision: THIS DECISION IS FINAL ON JULY 31,2008 AND BECOMES EFFECTIVE ON AUGUST 15,2008 UNLESS AN APPEAL IS FILED. �eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18390.040.G.2. of the Tigard C�mmunity Development Code which provides that a written ap eal together with the re�quired fee shall be filed with the Director witlun ten(10) business days of the date the Notice o}�ec�sion was mailed. The appeal fee schedule and forn�s are available from the Planrung Div�sion of Tigard Cary Hall, 13125 SW Hall Boulevard,TI'igard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the wntten comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party durui.g the appeal hearing, subject to any addiuonal rules of procedure that maybe adopted f rom time to tune by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 14,2008. I�estions: e any questions, please call the City of T"igard Pla�inuig Division,Tigard Caty Hall, 13125 SW Hall Boulevard, T'igard,Oregon at(503) 639-4171. � � - - 4 �" ��— ul 31 2008 PREPARED BY: ary Pa enstecher DATE Assoc e Planner i:\curpin\gary\minor land panition\m1p2008-00006(white oal�\m1p2008-0000G decision.doc NOTICE OF DIRECTOR'S DEQSION MLI'2008-00006/WHITE OAK PARTITION PAGE 19 OF 19 � -_- - _ UAK --- ST _� � � �- . � i . �� ' I � � � � GEOGRAPHIC INFORMATiON SVStEM _ = I I — � ,- - _; VICINITY MAP i L � � � I 2 --- � w' .. � � W i - a - - _ �n I� � ---------- � - � ————————__ - — - J-- - ' a I ' MLP2008-00006 PINE - � - - ST I =_________ - I ' - --a W 1 1.1� �1�11 I ,_ , i -- - , � � ; PARTITION ; � i � a � , � _— � � _ , � = SPRUGE _ - - - �° °. -- - _,-T-I ST � " _� E-- i - � i � —i �I --- o w -_ \ - - o o `_ � o Q - ----- li ST ° ��,\ - ° V" w �° o� � - > o o - 9 _ Q J o 0 0 � LEGEND: J � o o �f- _ o °o °o °o o � / ^_ - — % suBJEC�' � - ' � sl� -- � , / � � _ '1� r� � � .;`�uRSFERRI . .Q. . �' . _� _ _ � - -- � � cF?T�� � ,':5+. w � s��'�� � ' ' i - � � ` ----i ,.--- y .. • i:_ �. ^. � � ��iJT Rp .... QP. ' �` �+rBONT9_D — _—___._ �/ �i ({ • aI 1 _ . _ _ I='._ _— ... BEN7FD-�y// Y� " � ��c� { DURNA,y�_ �RO �'. / I :� 2 -- -!�I --- , _ /,�, f- -; �,�,_I � I^ � —I Tigard Area Map 1 I I . J N ST 0 100 200 300 400 500 Feet �. . _ 7- � � ��� , I ��— 1"=388 feet \��G /� } '�� QPG` `,. i _�.�-.� _ A'��A��-A � — Information on this map is for general location only and ��- � � -- -, I should be verified with the Development Services Division. i � � I 13125 SW Hall Blvd ' .. I I._ � � . _... ' Tigard.OR 97223 , ,. .—__ —________ I , , -__________ 'r--T -- Y . - .. �', (503)639-0171 � � �- �� httpJlwww.ci.tigard.or.us CommiiYiity�evelopment Plot date:Jun 11,2008;C:\magiclMAGIC03.APR � i , � � �, ���' � � � � :: ° � � ' � ���o� J I � EXISiING CENTERUNE � � � � I � =a � � � I I ° r� ��� 6i � EXISTING CENTERLINE I � � I I � � I x � �af � SCAL['�'-10' I � BARRICADE SET 2' OFF P/L ,a� P�'� _ _ _ _ _ _ I ����� � ------ --� 15' WIDE DRIVEWAY / 0 W -- -yl Q� Z SS LAT — -- -- — — -- Q X — x X X � �� � - �— -- 54' R/W � 3 �. � � F� �/``v x x x —X— —�— � --+'� �q - � s � 5' 8852'25" 357 'y' _ �4 � TREE PROP. TREE—� A9" �rSD I.AT � �0' ACCESS� pROTECTION 20 PROTECTION k � � — SD SD / UTIL ESMT. I FENCING fENCING Z j ��- . J •A,� STREET i�—�`j -- --- - - o ,� g a� a --- ---_,_, � � � / --r � � � � �� , \ SS LAT ��SION CLEARANCE Y n� a `� �' // UNE I �---48---�-I I � � Q � � //5/8" x 3/� � I h � O �F � � �— — f ---\ \ ` � QvE,� � WATER I � I I � � � � 7 � 6 ' � / � � / I \`. � __ .�� / SD LAT I � x I � ' rk�cr �� - - I I � �or 2 � , � _-- � ��R M�TER/ / LOT 1 I � a,soo sF t � I �; ,' _-- — -- - — � 8,780 SF t I I __j � _ � � 23' � a _ —�— � TL 11030 a�, I 10' I I o k ;n POSSIBLE I I 'tl�. 1 LC)I ��� 5'� TREE UNIT ap J POSSIBLE ---I �, v, r BUILDABLE I I o � PROTECTION � I — I � _ FOOTPRINT I FENCING �s, I —J ' I v� — ----- — - � TREE TO� � (TYP) - � — — — — � — — —� 15' � 6, BE REMOVED h 107 1 .�-- � X x �� .� X . ,� . . �� =g � I r� a�'s2'��" w ��2 0 ' g� 3 � o.n , ero�ro� --— — — � ��, �� EM41/R.Df� � � _—'_—.—. I plEtl�� v�ccr nnc V1 ) LAYW T I — I � L O T /_ I 9�EE L In1MBER I VL • � : EXHIBIT� White Oak V�llage, LLC MLP2008-00006 ` 7955 SW Hall Blvd. WHITE OAK PARTITION Beaverton, OR 97008 SR Design, LLC Aan:Jeff Caines,AIQ' 8196 SW Hall Blvd.,Suite 232 Beaverton, OR 97008 Jim Milne,Registered Civil Engineer 1312 SW 16`h Avenue Portland, OR 97201-2516 1 � � �Q. � Q � � � r � e c v v�t wta� PRS-AP'P.H�D BY ,, CITY OF TIGARD PLANNING DIVISION = �� LAND USE PERMIT APPLICATION . - : City of Ti�ard Permit Center 93125 SW Hall Blvc1., Tigard, OR 97223 ' ' � Phone: 503.639.4171 Fax.•503.598.1960 File Other Case# Date By � Receipt# Fee Date Complete � TYPE OF PERMIT YOU ARE APPLYING FOR ❑:ldjustment/\'ariance(I or In �:hlinor Land Partition(II) ❑ Zone Change(II� ❑Comprehensive Plan rlmendment(I� ❑Planned Development(III) ❑ Zone Change 1lnnexauon (I�� ❑Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑ Zone Ordinance�mendment(I�� ❑ Hisroric Overlay(IJ or II� ❑Site Development Review(II) ❑Home Occupation (II) ❑Subdivision(II or IIn LOCATION lX'HEIiE PROPOSED ACTMTY WII.I.00CUR(Address if available) 11030 SW 74`h Avenue,Ti ard,OR 97223 TA}:MAI'S ls:TA7�LOT NOti. Ma 1S1-36DB lot 2300 TOTAL SITE SI7E ZONING CLASSIFICATION .44 1lcres / 19,16G s uare feet R-4.5 (Sin�le Famil�� Kcsidential 7,50U s ft minimum nri��ic��!�7� `Z'hite Oak�'illa e LLC—Len Dalton �4AILING AllDILrSS/CII�/STATE/ZIP 79�� SV�'Hall Blvd.,Beaverton OR 97008 P}{pry�,Np. FAX N . 503 G2G-8483 503 62G-8485 PRIMARI'CONTACT PERSOI\ PHONE NO. jeff Caincs, SK Desi�n A licant's Re 503 469-1213 I'ROPEf:'I�]'OA�'NF�R;llP.Ell HU1.DliR(A«ach lisr if more than one) �'hite Oak Villa e LLC—Lcn Dalton MAILI�G AI)DRESS/C11'Y/ST'ATE ZIP 7955 S�X%Hall Blvd.,Beaverton OR 97008 PHONH NO. FAX NO. �03 626-8483 503 G26-8485 *�'hen the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorizadon frc�m the owner or an agent of the owner. The owners must sign this application in the space pro�rided on the back of this form or submit a writren authorizauon with this a lication. PRC)Pl)S�ll,ti�;A1�1:Al:]'(]'lex_ce be speciFicj Create a two arcel artition from the above listed arcel. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. � THE APPLICANT SHALL CERTIFY THAT: � � ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and � subject to all the conditions and limitations of the approval. � All the above statements and the statements in the plot plan,attachments, and eahibits transmitted herewith, are � true;and the applicants so acknowledge that an�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. � � ' �' � +�/ .`�" �`- tJ�' �� � Owner's Signature � f.,�t� pPr1� ���,C}�.tx������ Date � _ ��--�3 ��� C� Ap 'c t/ ' ent/Representarive's Signature Date b � � � � � � � 4 � e = LAND USE PROPOSAL DESCRIPTION � e � 120 DAYS = 10/8/2008 FILE NO.: MINOR LAND PARTITION (MLP) 2008-00006 FILE TITLE: WHITE OAK PARTITION APPLICANT/ APPLICANT'S OWNER: White Oak Village, LLC REP: SR Design, LLC 7955 SW Hall Blvd r�ttn: Jeff Caines, �ICP Bea�Terton, OR 97008 819G SW Hall Blvd, Suite 232 Beaverton, OR 97008 REQUEST: The applicant is requesting approval to partition one 17,280-square foot (0.40-acre) lot into two lots of 8,780 square feet and 8,500 square feet. The applicant proposes to remo�re the existing single-family home and build two new single-family detached homes. Proposed Lot 2 will be a flag lot. The subject property is adjacent to the White Oak Village Planned Development (PD) site and owned by the same developer. White the applicant proposes to construct public improvements as part of the White Oak Village PD, the proposed partition is separate from the PD project. LOCATION: 11030 SW 74`''Avenue;Washington Counry Ta� Map 1S136DB,Tax Lot 2300. ZONE: R-4.5: Low Densit� Residenrial. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residenrial units at a mm�mum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and insriturional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Communiry Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. DECISION MAHING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: _JUNE 11,2008 COMMENTS ARE DUE:TLTNE 25, 2008 ❑ HEr1RINGS OFFICER (MON.) DATE OF HEr,RING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) Dr�TE OF HEI�RING: TIME: 7:30 PM � STAFF DECISION (TENTATIVE) Dr�TE OF DECISION: �ULY 22, 2008 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY Mr�P � UTILITY PI.ANS � SITE DISTANCE CERTIF. � SITE PLAN � SERVICE PROVIDER LTR. � IMPr,CT STUDY � NARRr�TIVE � TREE PL.�1N � OTHER: MISCELLr1NE0US STAFF CONTACT: Emily Eng,Assistant Planner (503) 639-4171, Ext. 2712 White Oak Partition Com leteness Item Met Not Met N/A Comments 18.745.030: X General Provisions 18.745.040: X -One street tree is required along the Street Trees frontage between the two water meters. This could be conditioned. 18.745.050: X Buffering and Screenin 18.745.060: X Re-ve etation 18.790.030: X* -The applicant requested that I use my Tree Plan discretion in determining whether the Requirement requirements of the Director's Interpretation have been met. In my opinion, they have demonstrated compliance with the Interpretation. -The fencing and tree protection specifications in the arborist report need be transferred accurately to the site plans. -The tree protection plan needs to address tree protection standards and methods for after construction. Specifically, they need to address acceptable landscaping practices and materials around preserved trees. This additional information can be provided on the site lans as well. 18.790.050: X Permit Applicability Todd Prager City Arborist June 3, 2008 City of Tigard, Oregon • 13125 SVUHaII Blvd. • Tigard, OR 97223 )une G, 2(108 �� � � ,� ?.t`�•';i~�; Jeff Caines,AICP .,� R �'� � SR Design, LLC 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 RI;: Completeness Review-White Oak Partition Case File No. MLP2008-00006 Dear Jeff: � The Cit,y has received your applicarion for Minor Land Partirion (MLP2008-00006) to divide one lot into two at 11030 SW 74`h Avenue. Staff has determined the materials to be substantively complete, provided that the plans are revised to show the following: • Label centerline • Provide street/ROW widtli dimensions • Call out meter size The following is necessary so that j�our application can be deemed complete: • Four (4) copies of entire narrative bindex only (we have 3 already, trying to save pp) • Seven (7) sets of full-size plans only • Sui (6) copies of reduced plans only • Two (2) sets of business-size envelopes with labels aff�ed and itrst-class stamps (not metered) The review process will begin upon completeness and takes an average of 6 weeks. Please be aware that staff has not reviewed the application for compliance with the code and may request additional items during the review period. If you have any questions, please contact me at (503) 718-2712. Thank you. Sincerely, L%� � --- �— Emily Eng Assistant Planner Enclosure: Public Facilit��Plan Checklist Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 PUBLIC FACIUTY PLAN Project: ._,�ite Oak MLP COMPLETENESS CHECKLIST Date: 6/6/OS GRADING � Existin and ro osed contours shown. ❑ Are there radin im acts on ad�acent arceis? ❑ Ad�acent arcel rades shown. ❑ Geotech stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. ❑ Centerline of street s clearl shown. Label centerline � Street name s shown. � Existin / ro osed curb or ed e of avement shown. ❑ Street rofiles shown. ❑ Future Street Plan: Must show street profiles, topo on ad�acent arcel s , etc. ❑ Traffic Im act and/or Access Re ort ❑ Street rades com liant? ❑ StreeUROW widths dimensioned and a ro riate? Provide dimensions ❑ Private Streets? Less than 6 lots and width a ro riate? ❑ Other: SANITARY SEVNER ISSUES � Existin / ro osed lir�es shown. — _� � ❑ Stubs to adjacent parcels required/shown? �_ WATER ISSUES � Existin / ro osed lines w/ sizes noted? � Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? Call out meter size ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES � Existin / ro osed lines shown? ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad�acent arcels re uired/shown? The submittal is hereby deemed � COMPLETE ❑ INCOMPLETE gy: �� J� Date: 6/6/08 REVISED: O6/06/08 LAND USE APPLIC: 'ION D�eect:_�-y ��-���-o�� � COMPLETENESS REVIEW �I COMPLETE�- ❑ INCOMPLETE STANDARD INFORMATION: DeedlTitlelProof of Ownership ❑ -,- , ist of Attendees ❑ Impact Study(18.390) USA Service Provider Letter ❑ C e Envelopes with Postage(Verify Count) ❑ #Sets Of Application MaterialslPlans-"Paper Copies" � Pre-Application Conference Notes ❑ #Sets Of Application MaterialslPlans-"CD's" PROJECT STATISTICS' �, . .�Prt�"3tze - - 'te -------- ite PLANS DIMENSIONED: Building Footprint ❑ P i e Parking�� Tr•-'•'� �' �����'""�°-° ^� "-able �`-°""'"�� �, Access A roach and Aisle Pp � Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vic�`idlap ❑ Architec al Plan � Tree Inventory �, Existing Conditions Plan ❑ Lan ape Plan � Site Plan ❑ � ting Plan TREE PLAN/MITIGATION PLAN: ���:� � �,�h�, ���� ADDITIONAL REPORTS: (list any special reports) °a °❑ O ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Condit�onal Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's�nterpretation) � 18.705(AccesslEgresslCircula6oni- ❑ 18,780{Signs) ❑ 18.35�(Planned Devebpment) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review� [� 18.715(Density Computations� � 18.790(Tree RemovaE} ❑ 18.370(Variances'Adjustments) ❑ 18.72�(Design Compatibility Standards) � 18.795(Visual Clearance Areas}_ ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Perfortnance Standards) ❑ 18.798(Wireless Communication Facilities) � 18.3g0(Decisan Making Proceduresllmpact Study)- � 1 a.73�(Exceptions To Development Standards}- � 18.81 O(Street&Utiiiry Improvement Standards� ❑ 18.410(lot Line Adjustments) ❑ 18.740(Histonc Overlay) � 18.420(Land Partitions)� ❑ 1$.742(Home Occupation Permits) ❑ 18.430(Subdivisions) � 18.745(Landscaping&Screening Standards}- ;� 1$.510(Residential Zoning Districts� ❑ 18.750(Manufactured/Mobil Home Regula6ons) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755{Mixed Solid WastelRecycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming SituaGons) ❑ 18.620(Tigard Tnangle Design Standards) � 18.765(Off-Street Parkin9/Loading Requirements�' ADDITIONAL ITEMS: ���1'�GL��.1 S � �z���)�C a �'r � 1:lcurpin\masterslforms-revised\land use application completeness review.dot REVISED: 6-Jun-07 City o f Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 �� . ��. ;.s,���, dx June 10, 2008 "�" � / Jeff Caines,AICP SR Design, LLC 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 RE: Completeness Review- White Oak Partition Case File No. MLP2008-00006 Dear Jeff: The City has received your application fot Minor Land Partirion (MLP2008-00006) to divide one lot into two at 11030 SW 74`h Avenue. Staff has determined your application to be complete as of 6/10/2008. The review process will now begin and is expected to take 5-G weeks. Please be aware that staff has not reviewed the application for compliance with the code and may request addiuonal items during the review period. If you have any questions, please contact me at (503) 718-2712. Thank you. Sincerely, G�� � � Emily Eng Assistant Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 � . Mav 30, 2008 (revised June 9,20031 White �ak Partition A Two-Parcel Partition Tax Lot 2300 of Tax Map 1S1-36DB 11030 SV1174th Avenue City of Tigard, Oregon 97223 . Applicant: White Oak Village LLC 7955 SW Hall Blvd. Beaverton, OR 97008 Applicant's Representative: SR Design LLC Jeff Caines, AICP 8196 SW Hall Blvd. Suite 232 Beaverton, Oregon 97008 Phone: (503) 469-1213 Fax: (5U3) 469-855y ' ��V�� �l�V • . _ JUN ,l 0 2008 . - � ClTYQFTIGIIRD - Pt.R!�F!!M!�►�M�tIV��RINC May 30, 2008 (revised june 9,2008) White Oak Partition A Two-Parcel Partition Tax Lot 2300 of Tax Map 1S1-36DB 11030 SW 74th Avenue City of Tigard, Oregon 97223 Applicant: White Oak Village LLC 7955 SW Hall Blvd. Beaverton, OR 97008 Applicant's Representative: SR Design LLC jeff Caines, AICP 8196 SW Hall Blvd. Suite 232 Beaverton, Oregon 97008 Phone: (503) 469-1213 Fax: (503) 469-8559 _: �;���,v��� �-�. 1� y `'V ��',� � 0 '��3 ,� . ���, � �� . . �, /54•/G! ^ Introduction 3 TITLE 18- TIGARD DEVELOPMENT CODE Chapter 18.350 Detailed Development Plan Approval Criteria 5 Chapter 18.390- Decision Making Procedure/Impact Study 6 Chapter 18.420 - Land Partitions 11 Chapter 18.510-Residential Zoning Districts 16 Chapter 18.705-Access, Egress,and Circulation 19 Chapter 18.715-Density Computations 24 Chapter 18.730- Exceptions to Development Standards 26 Chapter 18.745 -Landscaping and Screening 2g Chapter 18.765 -Off-Street Parking and Loading Requirements 36 Chapter 18.790-Tree Removal 40 Chapter 18.795 -Visual Clearance Areas 43 Chapter 18.810- Street and Utility Improvement 5tandards 45 Conclusion 6� Exhibits Exhibit A-Pre-ApplicaEion Notes Exhibit B-Property Title Information Exhibit C- CWS Service Provider Letter Exhibit D-Arborist Report Exhibit E-Preliminary Sight Distance Certification 4Vhite Oak Partition City of Tigard SR Design LLC 2 INTRODUCTION GENERAL INFORMATION Applicant/Owner: �Vhite Oak Village LLC 7955 SW Hall Blvd. Beaverton, Oregon 97008 Applicant's Representative: SR Design LLC 8196 SW Hall Blvd., Suite 232 Beaverton, Oregon 97008 Phone: (503) 469-1213 Fax: (503) 469-8553 Contact: Jeff Caines, AICP, Land Use Planner Arborist: Halstead's Arboriculture Consultants P.O. Box 1182 Tualatin, OR 97062 Phone: (503) 646-4349 Contact: David Halstead Tax Lot: Map 1S1-36DB, Tax Lot 2300 Site Address: 11030 SW 74�h Avenue Tigard, Oregon 97223 Location: Located on the southeast corner of the SW 74th Avenue. A tax map has been provided to specifically identify the location of the site. Current Zoning: R-4.5 (PD) Low Density Residential (7,500 square feet � minimum lot size) � Comprehensive Plan: Low Density Residential Project Area: ± .40 acres, approximately 17,280 square feet White Oak Partition City of Tigard SR Design LLC 3 Summary of Proposal REQUEST: The Applicant requests preliminary approval for a two-parcel partitioned to be designed and constructed on the above listed parcel. SITE DESCRIPTION: The subject site is located within the R-4.5 (7,500 square feet) zoning designation within the City of Tigard. The Applicant proposes to partition the current legal lot of record into two separate legal lots of record. Design and construction of the dwelling units will be decided once the partition plat has been recorded. The site is ± .40 acres, approximately 17,280 square feet in size. Parcel 1 is approximately 8,780 square feet, Parcel2, is approximately 8,000 square feet. There is an existing dwelling unit located on the property that will be removed as part of the overall development. The existing trees on the eastern portion of the site are intended to remain. There are no trees scheduled for removal since all the trees are located again the eastern property line. SW 74� Avenue is identified as a local street and is under City of Tigard jurisdiction. Currently, there is one single family home that takes direct access from SW 74th Avenue. However, the dwelling unit will be removed as part of the development. Once the partition plat has been recorded the second home may be developed. As a result both dwelling units will take access to SW 74th Avenue within the eyebrow corner of the street. Public improvements will be constructed as part of the White Oak Village PD currently being constructed west of the project site. White Oak Partition City of Tigard SR Design LLC 4 1 �� � / 18.350.070 DETAILED DEVELOPMENT PLAN APPROVAL CRITERIA A. Detailed development plan approval criteria. A detailed development plan may be approved only if all the following criteria are met: 1. 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: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; Comment: The proposed partition does not change the overall density of the project site. Since the subject site is zoned R-4.5 the density allowed for the site is a maximum of two d��elling units and a minimum of one dwelling unit. It should be noted that the PD to the west (White Oak Village) is associated with this partition only in the matter that right-of-way was dedicated for the construction of street improvements. However, the zoning map shows that this parcel has a "PD Overlay" and therefore, Section 18.350.070 needs to be addressed as a result. b. The change reduces the amount of open space and landscaping; Comment: The proposed partition does not propose to reduce the amount of open space for the White Oak Village PD. As stated above, this project is associated with the PD to the west in right-of-way dedication only. Therefore, the amount of open space and landscaping is not reduced. c. The change involves a change in use; Comment: The proposed partition project is to construct residential dwelling units. There is no change in use. d. The change commits Iand to development which is environmentally sensitive or subject to a potential hazard; and Comment: The subject site is not classified as environmentally sensitive or subject to potential hazards. The site has undergone an environmental review form CWS and has obtained a letter dated August 1, 2006 stating that there is no environmentally sensitive area within 200-feet of the subject site. e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. Comment: The proposed partition does not change any of the street layouts already approved by the City. The project proposes to develop the site with two single family dwelling units. All other provisions of the Detailed Development Plans may not be applicable. The site is under a PD overlay zone due to the right-of-way that was dedicated for the development of White Oak Partition City of Tigard SR Design LLC 5 the White Oak Village PD. The remaining code provisions under Chapter 18.350 are not applicable in a manner that the application does not desire to modify any of the adopted Development Code standards. The application addresses the remain code sections as a standard land use partition application and not as a Planned Development. CHAPTER 18.390-DECISION MAKING PROCEDURES/IMPACT STUDY 18.390.040 Type II Procedure A. Pre-application conference. A pre-application conference is required for Type II actions. Pre- application conference requirements and procedures are set forth in section 18.390.OSOC. Comment: The applicant participated in the pre-application conference held May 8, 2008. The applicant reviewed the planning and engineering notes as a result of this meeting prior to developing the narrative and the site design for this partition. B. Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 E1; 2. Subrnittal Information. The application shali: a. Include the information requested an 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 and pre-addressed enz�elopes for ail property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant slzall demonstrate that the most current assessment records have been used to produce the notice Iist; 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 of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion tYcat the real property dedication requirement is not roughly proportional to the projected impacts of the development. White Oak Partition City of Tigard SR Design LLC (, Comment: The applicant reviewed the submittal requirements regarding the Type II Minor Land Partition and will comply with this Code Section. The applicant has considered the impacts of this partition per Section 18.390.40.B.2 (e). The following Impact Study outlines the public facilities and services this project affects. IMPACT STUDY Transportation System: The proposed two-parcel partition fronts SW 74th Avenue. Both parcels will access SW 74t'' Avenue. Tri-Met has bus routes located on Pacific Highway going to Tigard or Portland. The existing home will be removed as part of this development, so only one additional home will be built with this partition. Therefore, approximately 10 vehicle trips will be added to the transportation system. Da�ainage System: Storm water runoff from the site drains from the east to the west in to SW 74�'' Avenue. It is anticipated that the storm water generated form this site will "weep hole" into SW 74�h Avenue. The water will then drain to the catch basins located in SW 74'h Avenue. A storm water fee in-lieu will be assessed on a per lot basis. Park System: This development is not proposing to donate any land to the City of Tigard for open space and parks. If required by the City Building Department the new dwelling units may pay the City's Park SDC charge. Sewer System: The two homes will connect to the sanitary sewer line located in SW 74th Avenue. Each parcel will connect via individual private laterals to the sanitary sewer line in SW 74'" Avenue. Water System: There will be one new service meter for the newly created parcel. The existing house will utilize the existing meter. 'This will adequately serve all both parcels. Noise Impacts: This development is a single-family detached residential partition that should not generate any extraordinary noise impacts to the surrounding neighbors. It should be noted that the subject site is located adjacent to two commercial area, (Fred Meyer & Gospel Rescue Mission). The Applicant has demonstrated by addressing the above listed systems that this partition meets the impact study requirements listed above. White Oak Partition City of Tigard SR Design LLC 7 C. Notice of pending Type II Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognized neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. 2. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application, prior to issuance of the Type II Administrative Decision. The goal of this notice is to invite relevant parties of interest fo participate early in the decision-making process; 3. Notice of a pending Type II Administrative Decision shall: a. Provide a 14-day period for the submission of written comments prior to issuance of a decision on the permit; b. List by commonly used citation, the approvai criteria relevant to the decision; c. State the place, date and time the comments are due, and the person to whom the comments should be addressed; d. Include the name and telephone number of the person w12o will make the Administrative Decision; e. Identify the specific permits or approvals requested; f. Describe the street address or other easily understandable geographic reference to the subject site; g. Indicate that failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria are what constitute relevant evidence; h. Indicate that all evidence relied upon by the Director to make this decision shall be contained within the record, and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the Director; i. Indicate that after the comment period closes, the Director shall issue a Type II Administrative Decision. The Director's decision shall be mailed to the applicant and to owners of record of property located within 500 feet of the subject site, and to anyone else who submitted written comments or who is otherwise entitled to notice; White Oak Partition City of Tigard SR Design LLC g j. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or selder: The Tigal�d Development Code requires that if you receive this notice it sha11 be promptly forwarded to the purchaser." Comment: The applicant acknowledges the notice requirements and will comply with the submittal requirements as it is stated above. D. Administrative decision requirements. The Director's Decision shall address all of the r•elevant approval criteria. Based upon the criteria and the facts contained within the record, the Director shaIl approve, approve with conditions or deny the requested permit or action. E. Notice of decision. 1. Within five days after signing the decision, a Notice of Decision shali be sent by mail to: a. The applicant and all owners or contract purchasers of record of the site which is the subject of the application; b. All owners of record of property as shown on the most recent property tax assessment roll, located within 500 feet of the site; c. Any City-recognized neighborhood group whose boundaries include the site; d. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. 2. The Director shall cause an affidavit of mailing of such notice to be prepared and make a part of the file, which indicates the date the notice was mailed and demonstrates thaf the reqacired notice was mailed to the necessa��y parties in a timely manner; 3. The content of the Type II Notice of Decision shall contain: a. Tlze nature of the application in sufficient detaii to apprise persons entitled to notice of the applicant's proposal and of the decision; b. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; c. A statement of where the Director's decision can be obtained; d. The date the Director's decision shall become final, unless appealed; e. A statement that all persons entitied to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision; f.A statement briefly explaining how an appeal can be taken, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; and g. A statement that unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written conzments White Oak Partition City of Tigard SR Design LLC 9 submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time b� the appellate body. Comment: The applicant acknowledges that the director will base the decision for approval based on the applicable criteria and will notice all those required through this Code Section. F. Final decision and effective date. A Type II Administrative Decision is final for purposes of appeal when notice of the decision is mailed. A Type II Administrative Decision becomes effective on the day after the appeal period expires, unless an appeal is filed. If an appeal is filed and dismissed after the appeal period has expired, the Type II Administrative Decision becomes effective on dismissal of the appeal. G. Appeal. A Type II administrative decision may be appealed as follows: 1. Standing to appeal. The following parties have standing to appeal a Type II Administrative Decision: a. The applicant; b. Any party who was mailed written notice of a pending Type II administrative decision; c. Any other party, who demonstrates by clear and convincing evidence that they participated in the proceeding through the submission of written or verbal testimony; 2. Appeal procedure. a. Notice of appeal. Any party with standing, as provided in Section G1 above, may appeal a Type II Administrative Decision by filing a Notice of Appeal according to the following procedures; (1) Time for filing. A Notice of Appeal shall be filed with the Director within ten business days of the date the Notice of Decision was mailed; (2) Content of notice of appeal. The Notice of Appeal shall contain: (a)An identification of the decision being appealed, including the date of the decision; (b)A statement demonstrating the party filing the Notice of Appeal has standing to appeal; (c)A detailed statement of the specific issues raised on appeal; (d)A statement demonstrating that the specific issues raised on appeal were raised during the cornment period, except when the appeal is filed by the applicant; (e) Filing fee. (3)All Notices of Appeal for Type II Adminisfrative Appeals sha11 be fiied with the Director, together with the required filing fee. The amount of the filing fee shall be established by the White Oak Partition City of Tigard SR Design LLC 10 Director. The maximum fee for an initial hearing shall be the cost to the Iocal government for preparing and for conducting the hearing, or the statutory maximum, whichever is Iess. b. Scope of appeal. The appeal of a Type II Administrative Decision by a person with standing shall be limited to the specific issues raised during the written comment period, as provided under Section 18.390.040C, unless the Hearings Officer, at his or her discretion, allows additional evidence or testimony concerning any other relevant issue. The Hearings Officer may allow such additional evidence if he or she determines that such evidence is necessary to resoIve the case. The intent of this requirement is to limit the scope of Type 77 Administrative Appeals by encouraging persons with standing to submit tlieir specific concerns in writing during the comment period. The written comments received during the comment period will usually limit the scope of issues on appeal. Oni� in extraordinary circumstances shouid new issues be considered by the Hearings Officer on appeal of a Type II Administrative Decision; c. Appeal procedures. Type III notice and hearing procedures shall be used for all Type II Administrative Appeals, as provided in Sections 18.390.050 C-F; H. Final decision and effective date. The decision of the Hearings Officer with regard to any appeal of a Type II Administrative Decision is the final decision of the City. The decision of the Hearings Officer is final for purposes of appeal on the day the decision is mailed. The decision is effective on the day after the appeal period expires, unless an appeal is filed. If an appeal is filed, the decision is effective on the day after the appeai is resolved; Comment: The applicant acknowledges the appeal process and will comply with its provisions. Chapter 18.420 - LAND PARTITIONS 18.420.020 Administration A. Applicant. The applicant of a partition proposal shail be the recorded owner af the property or an agent authorized in writing by the owner. B. Conformance with state statute. Any application for a land partition shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivision and Partitions. C. Prohibition on sale of lots. No lot or parcel to be created through the partitioning process shall be sold until approvaI and filing of the final partition piat. D. Future re-division. When partitioning tracts into large parcels, the Director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of tlie zoning district and this title. Comment: The applicant of this partirion proposal is the recorded owner of the property and the agent is authorized by the applicant to prepare this application. The White Oak Partition City of Tigard SR Design LLC 11 applicant will conform with the state statute as it pertains to the partition. The applicant will not sell any of the proposed parcels created through the partitioning process until the approval and filing of the final partition plat. The proposed lot sizes are not considered oversized, therefore no future land divisions can take place under the current zoning regulations. The application meets this criterion. 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed b� Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval b� the Director shail be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shail lapse if.� 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of aIl conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. The Director sha11, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the original plan as approved by the Director; 2. The applicant can show intent of recording the approved partition or lot line adjustrnent within the one-year extension period; and 3. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approvai was based. Comment: The applicant understands that the approval process involves a decision- making process that is governed by the Type II procedure using the approval criteria contained in Chapter 18.420.050, that there is a time limit of one and one-half years on the decision and that the decision will lapse if the partition has not been recorded or improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval or if the final recording is a departure from the approved plan. The application acknowledges that an extension may be filed if the criteria have not been met. The application meets this criterion. 18.420.040 Application Submission Requirements A. General submission requirements. All applicafions shail be made on forms provided by the Director and shall include information required for a Type 7I application, as governed by Chapter 18.390. White Oak Partition City of Tigard 5R Design LLC lZ B. Specific submission requirements. All applications shall include the preliminary lot line map and necessar� information in graphic and/or written form. The Director shall provide the applicant with detailed information about these submission requirements. Comment: The application contains the submission requirements necessary to comply with the Type II application process as governed in this Code Section. This application meets the criterion. 18.420.050 Approval Criteria A. Approval criteria. A request to partition land shall meet all of the following criteria: 1. The proposed partition complies with all statutory and ordinance requirements and regulations; Comment: The proposed partition has been specifically designed to comply with all of Tigard's statutory and ordinance requirements and regulations. Specifically, this partition has been designed to be compatible with the R-4.5 zoning codes and related comprehensive planning policies. 2. There are adeqa�ate public facilities are available to serve the proposaI; Comment: The composite utility plan shows a sanitary sewer line that will serve the site. The sanitary sewer line which will serve the newly created parcel will be stubbed to the property line during the development of the White Oak Village PD. The plans for the utility location have been reviewed by the City of Tigard to ensure that adequate public facilities are available. Water meters are shown along the perimeter of the property lines. Therefore, this criterion has been met. 3. All proposed improvements meet City and applicable agency standards; and Comment: The design of the partition shows the potential driveway locations for the two parcels. The improvements for the eyebrow corner are being done as part of the White Oak Village PD located to the west of the site. It is not anticipated that other improvernents will be required as part of this partition. Therefore, this criterion has been met. 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shali meet the lot requirement of the applicable zoning district. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. d. Setbacks shall be as required by the applicable zoning district. White Oak Partition City of Tigard SR Design LLC 13 e. When the partitioned lot is a flag lot, tlie developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. Comment: T'he proposed partition does include a flag lot; however, the lot area does not include the flag pole or access easement area. The proposed dwelling units will meet all the applicable setback requirements. Therefore, this criterion has been met. f. A screen slzall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Comment: It is anticipated that once the dwellings have been constructed either a fence or vegetative screening will be planted in order to give the individual property owners additional privacy. Therefore, the use of additional screening should not be a factor in this development. g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimenfaI effect on fire fighting capabilities. Comment: The composite utility plan shows the locations of the existing fire hydrant. The fire marshal will have and opportunity to review the proposed project to ensure that the project meets all applicable Fire and Development Codes. Therefore, this criterion has been met. h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall he recorded with the approved partition map. Comment: It is not determined if the final design of the partition will use a common driveway to be used by both parcell and parcel2 to reduce the number of curb cuts for the project. If a common driveway is to be designed and constructed then a reciprocal access easement will be recorded on the plat. Therefore, this criterion has been met. 5. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Comment: The proposal as submitted complies with the Access, Egress and Circulation section of the Tigard Development Code. SW 74�h Avenue is classified as local street and therefore does not have access a spacing standard requirement. Therefore, this code secdon has been met. 6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a White Oak Partition City of Tigard SR Design LLC 14 suitable elevation for the construction of a pedestrian/bicycie pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Comment: This project is not located in or near the 100-year flood plain. Therefore, this section does not apply. 7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. Comment: This application has not requested an adjustment to the street standards of Chapter 18.810. Therefore, this criterion is met. 18.420.060 Final Plat Submission Requirements A. Submittal. A11 final plats for partitions shall be accompanied by three copies of the partition plat prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative. The final plat shall incorporate any conditions of approval imposed by the Director as part of the preliminary plat approval. B. Staradards. The partition plat and data or narrative shal2 be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) and by Washington County, as described in defail by information provided by the Director at the time of application. Comment: The applicant will comply with the final plat submission requirements prepared by a land surveyor or engineer. The final plat will incorporate any conditions of approval imposed by the Director as part of the preliminary plat approval. 28.420.070 City Acceptance of Dedicated Land A. Acceptance of dedications by City Engineer. The City Engineer shall accept the proposed right-of wa� dedication prior to recording a iand partition. B. Acceptance of public easements by City Engineer. The City Engineer shall accept all public ensements shown for dedication on partition pIats. Comment: The applicant has prepared the site design drawings using the already dedicated right-of-way from the White Oak PD. It is not anticipated that additional dedication will be needed with this project. Furthermore, the improvements will be constructed during the development of the White Oak Village PD. Therefore, this criterion has been met. White Oak Partition City of Tigard SR Design LLC 15 18.420.080 Recording Partition Plats A. Recording requirements. Llpon the Director's approval of the proposed minor partition, the applicant shall record the final partition plat with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. B. Time Iimit. The applicant shall submit the copy of the recorded minor partition survey map to tlie City within 15 days of recording, and shall be completed prior to the issuance of any building permits on the re-configured Iots. Comment: The applicant will comply with the final plat recording requirements and submit a copy of the recorded survey map to the City to be incorporated into to the record within 15 days of recording and shall be completed before the issuance of any building permits on the re-configured lot, not the existing lot of record. The applicant meets this criterion. CHAPTER 18.510 - RESIDENTIAL 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 accessor� residential units at a minimum lot size of 7,500 sqacare feet. Duplexes and attached single family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Comment: The property is within the R-4.5 zoning district in the City of Tigard. The applicant is proposing detached single-family homes, without accessory residential units, as a part of development. All of the proposed parcels are greater than 7,500 square feet: Parcell: 8,780 square feet and Parcel2: 8,000 square feet. T'his criterion is met. 18.510.030 Uses A. T�pes of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not lisfed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditionaI use (C) is a use the approval of which is discretionary with the Hearings Officer. White Oak Partition City of Tigard SR Design LLC 16 The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. Comment: The applicant is proposing single-family detached dwelling units, a permitted use in the R-4.5 zone. This criterion is met. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximicm densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportianaI minirnum density as required by Section 18.715020C and still compIy with ail of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. Comment: The minimum and maximum densities are calculated in Chapter 18.715, Density Computations, later in the narrative. The applicant is not requesting any adjustments with this application; it is possible to accommodate the minimum density requirement. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. White Oak Partition City of Tigard SR Design LLC ly TABLE 18.310.2 DE�'ELOPI'IENT STA1�'DARDS IN RESIDE:�TIAL ZO�NES ST:�\'DARD R-1 R-2 R-3.5 Ft-4S R-7 R4inimum Lot Size -Detached imit 30,004 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.fr. :,000 sq.ft. -Duplexes I0,000 sq.ft. 10.000 sq.$. -Attached uiut[i �,000 sq.R. Anerage I4{inimum Lat 4['idch -Detached uuit lots 100 ft. 100 ft. 6S fr. SO ft. 50 fr. -Duplex Yots 90 ft. 90 ft. 50 fr. -Attathed unii lou qp� R3aximum Lot Covera�e 80°io Z R�nimuvz Srtbacks -Front pazd 30 fr. 3D ft. 20 ft. 20 R. 15 fr. -Side facing strcet on comer&tluough lou 26 ft. 20 fr. 20 fr. 15 fr. 10 ft. -Side}ud 5 ft. 5 ft. S fr. 5 fr. 5 ft. -Reu y ud 25 ft. ?�ft. 15 ft. 15 fr. 15 f�. -Side or reaz yard abuiting uiare resnictive zoaing districY 30 ft. -Distance between property line and frovt of gazage 20 fr. 20 ft_ 20 ft. 20 ft. 20 ft. n3aximum Hciehi 3o fr. 30 ft. 30£t. 30 ft. 35 fr. R4inrmum Laudsc e Re uirement - ZO:�a [1]Singie-fauul�-attached cesidenrial units pernutted at oae dwelling per lot tivith uo more that five atsached units in one groupiug. [Z]Lot coverage includei all btuldings and imprn7ous surfaces. Comment: Per Table 18.510.2, above, all of the lots are greater than 7,500 square feet and have a minimum lot width greater than 50 feet, distance between the front lot line to the garage of greater than 20 feet, sides of 5 feet and rear lots of 15 feet. The proposed flag lot will have additional setbacks of 10 feet on the sides per the requirements of the Development Code. Therefore, this application meets this criterion. White Oak Partition City of Tigard SR Design LLC lg CHAPTER 18.705 - ACCESS, EGRESS,AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeiing of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or buiIding change or eniarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required o1� until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, fhe Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. Comment: The applicant is proposing to partition the existing legal lot of record and thus this section applies. 18.705.030 General Provisions 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. Comment: Each property owner of the individual parcel will be responsible for the maintenance of the access and egress onto their parcel. 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 sliow 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. Comment:The applicant has submitted a site plan that illustrates how access, egress and circulation requirements are to be fulfilled. Each parcel will have access to SW 74�h Avenue through an individual driveway or a common driveway. Please refer to the site plans for a graphical representation of the driveway connections. White Oak Partition City of Tigard SR Design LLC 19 C. Joint access. Owners of two or more uses, structures, or parcels of Iand 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: 1. Satisfactory legal evidence shalI be presented in the form of deeds, easements, leases or contracts to esfablish the joint use; and 2. Copies of the deeds, easements, leases or contracts are�laced on permanent file with the City. Comment:The applicant is proposing that Parcell have their own access to SW 74tn Avenue and that Parcel2 may gain access through a combined driveway access onto SW 74th Avenue. This application meets this criterion. D. Public street access All vehicuIar access and egress as required in Sections 18.705.030H and 18.705.0307 shali connect directly with a public or private street appraved by the City for public use and shall be rnaintained at the required standards on a continuous basis. Comment:The applicant is proposing that Parcell and Parcels 2 will have access to SW 74th Avenue. This application meets this criterion. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Comment:The applicant is proposing one curb cut for both dwelling units which will connect with SW 74th Avenue to meet the standards set forth in Section 18.810.030.N. This criterion is met. F. Required walkway location. On-sife 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 eievators 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, waIkways shall be constructed between new and existing developments and neighboring developments; 2. Within all attached housing (except two famil� dwellings)and multi family developments, each residential dwelling shail be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 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 6-inch vertical White Oak Partition City of Tigard SR Design LLC 2p separation (curbed) or a minimum 3 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; 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. 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. Comment: The applicant is proposing single family homes and therefore this section is not applicable. G. Inadeqacate or hazardous access. 1. Appiications for building permits shall be referred to fhe Commission for rez�iew when, in the opinion of the Director, the access proposed: a. Wouid cause or increase existing hazardous traffic conditions; or b. Would provide inadequafe 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. 2. Direct individual access to arterial or collector streets from singie 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 applicant will be required to mitigate for any safety or neigliborhood t��affic management (NTM) impacts deemed applicable by the City Engineer. This may incIude, but wi11 not be limited to, the construction of a vehicle turnaround on the srte to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shaIl the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an a11ey. Single- family and duplex dwellings are exempt from this requirement. Comment: The access proposed for the two parcels are not anticipated to cause hazardous traffic conditions, provide inadequate access for emergency vehicles or present danger to the public. The proposed partition is not located on streets labeled arterial or collector streets, but on an eyebrow corner leading into the White Oak Village PD and thus this criterion is not applicable. White Oak Partition City of Tigard SR Design LLC 21 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.) Comment: The applicant is proposing a two-parcel partition located at an eyebrow corner leading into the approved White Oak Village PD. Additionally, no streets are proposed within the parrition and there are no driveways to be positioned along any collector or arterial streets. Adequate site distance exists from the corner when measuring 250 feet to the north on SW 74t"Avenue and the west into White Oak Village PD. 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 fo 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 possibie. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streefs along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shali be 125 feet. Comment: The applicant is proposing a two-parcel partition located at the eyebrow corner of SW 74th Avenue leading into the White Oak Village PD. Additionally, no streets are proposed within the partition and there are no driveways to be positioned along any collector or arterial streets; therefore, this section is not applicable. 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 multi family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; 2. Vehicular access to multi family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; White Oak Partition City of Tigard SR Design LLC 22 TABLE 18.705.1 \'EHICULAR ACCESS/EGRESS REQL'IRET7EITS: RESIDE:�TIAL U5E(6 OR FE�VER UtiITS \umber D�s'elling bIinimum\umber of ritnimum Accrss Wldth DZiuiinam Pavement tiaiUZ.ots DM��e�•a�•sRe utred R'idth 1 or 2 1 15' 10' 3-6 1 20' 20' Comment: The applicant is proposing two single family dwelling units on individual parcels. Parcel 1 will have its own individual driveway connecting to SW 74t'' Avenue. Parcel 2 will use an access easement through Parcel 1 to also access SW 74th Avenue. The project will have a minimum access width of 15-feet and a minimum pavement width of 10-feet. Please refer to the submitted site plans for a graphical representation of the site and the location of the proposed driveways which meets the code standards as identified in Table 18.705.1. This criterion is met. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Llniform Fire Code; Comment: The applicant is not proposing private residential access drives (i.e., Private Streets) for this project. The project will provide two residential driveways that will be maintained by the individual home owner. This criterion is not applicable. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c. The maximum cross slope of a required turnaround is 5%. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; Comment: The applicant is proposing a driveway in excess of 150 feet to Parcel2, however this project will be reviewed by the Fire Marshall during the development process. There is a fire hydrant located in front of Parcell and it is not anticipated that the Fire Department will have any troubles in fighting a fire should a fire occur on Parcel2. The project is not proposing a turnaround and requests the Fire Marshall to accept this design as satisfactory. White Oak Partition City of Tigard SR Design LLC 23 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turrcing from the street having to wai t for traffic exiting the site. Comment: The applicant is not proposing any driveways to connect to arterials or collector streets. SW 74� Avenue is a local street; therefore, this section is not applicable. CHAPTER 18.715 - DENSITY COMPUTATION 18.715.020 Density Calculation A. Definition of net developrnent area. Net development area, in acres, shalI be determined by subtracting the foilowing land area(s)from the gross acres, which is all of the Iarcd included in tlze legai description of the property to be develaped: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actacal information is not available, the following formulas may be used: a. Singie family development: allocate 20% of gross acreage; b. Multi family development: allocate 15% of gross acreage. 4. All land proposed for private streets; and 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. Comment: There are no sensitive land areas, floodplains, excessive slopes, drainage ways, wetlands, or dedicated parks. There will be no right of way dedication since the right-of-way was dedicated during the development of the White Oak Village PD and therefore, it will not be considered as part of the net development area of the property. Therefore the net area is approximately 17,280 square feet. This criterion is met. B. Calculating ma.ximum number of residential units. To caIculate 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 appIicable zoning district. Comment: The applicant calculated the maximum number of residential units per net acre by dividing the number of square feet in the net acres by the minimum number of White Oak Partition City of Tigard SR Design LLC Z4 square feet required for each lot in the applicable zoning district. The maximum number of additional residential units is (17,280/7,500 =2.30) which equals 2 parcels. 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). Comment: The rninimum number of residential units is 2 x .8 =1.6 which equals 1 residential unit. The applicant is proposing a two-parcel partition. The applicant has demonstrated how the partition meets the City's minimum (and maximum) density requirements. This criterion is met. White Oak Partition City of Tigard SR Design LLC 2j CHAPTER 18.730 - EXCEPTIONS TQ DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 1. Limitations on the piacement 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 b� an approved partition; or c. A flag lot Ts 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 Iand. 2. The maximum height for an attached or detached single family, dicplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; b. A 10 feet side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and � d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreemenf to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. 3. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.390.030 D. 4. The tree planting agreement shall be a condition of Chapter 18.360, Site Developrnent Review,for three or more attached units or a multipie farnily residential structure, or, at the time of issuance of building permits,for single detached units, one duplex or two attached residential units. Comment: The applicant is proposing an access easement to Parcel2 which can be considered a flag lot with this development application. Since Parcel2 will be created after Apri115, 1985 the flag lot section (18.730.050.E) will be applicable. This section has been addressed below. White Oak Partition City of Tigard SR Design LLC 26 18.730.030 Zero Lot Line Setback Standards A. Applicability and limitations. The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to single family detached dwelling units. The provisions of this chapter shall be applied in conjunction with: Comment: The applicant is not requesting a zero lot line, thus this criterion is not applicable. 18.730.040 Additional Setback Requirements A. Additional setback fi•om roadways. The minimum yard requi��ement shall be Tncreased 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 widtlz as shown on the transportation map. Comment: The proposal does not require an additional setback. Thus this criterion is not applicable. 18.730.050 Lot Area for Flag Lots E. Lot area for fla�lots. 1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district; " 2. The lot area shall be provided entirely within the building site area exclusive of any accessway. Comment: The lot area proposed on Parcel 2 complies with the minimum lot size for the R-4.5 zoning district. The area proposed for Parcel 2 is approximately 8,500 square feet. This area does not include the area within the access easement. Therefore, this . criterion has been met. F. Front vard determination. The owner or developer of a flag lot may determine the location of the front yard, provided no side yard setback area is less than 10 feet and provided the requirements of Section 18.730.010C, Building Heights and Flag Lots, are satisfied. Comment: The final design of the proposed dwelling unit has not been determined. The site plans that are submitted under review show that the lot can be developed with a front yard set back of 20-feet and a rear yard setback of 15-feet. In addition, the building envelope on the site plans shows a minirnum 10-foot side yard setback as required by this Section of the Development Code. Please note that the building envelope, as shown on the site plans only demonstrates that proposed Parcel2 can be developed. It does not White Oak Partition City of Tigard SR Design LLC 2� affirm the location of the front yard setback. That determination will be decided once a final dwelling unit design has been chosen for this site. The Planning Department will have an opportunity to review the building design once it has been submitted to the Building Deparhnent for permits to ensure that all setback requirements have been met. T'herefore, this criterion has been met for approval. CHAPTER 18.745 - LANDSCAPING AND SCREENING 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the Iandscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for - increased on-site parking or loading requirements or which changes the access requirernents. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicanf with detailed information about this submission requirement. Comment: Since this is a partition, a full landscape plan is not required. Landscaping will be provided once the homes are constructed, but the specific design will not be determined at this stage of the development. Therefore this criterion is met. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all _ landscaping and screening which shali be maintained in good condition so as to present a ` healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and sha11 be kept free from refuse and debris. Comment: The applicant will be responsible for the maintenance of the landscaping until the property is sold to an individual homeowner. At that time, the new homeowner will maintain the landscaping and screening. This criterion is met. B. Pruning required. AII plant growth in landscaped areas of developments shall be contralled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. Comment: All landscaping will be maintained by the homeowner to allow for maintenance or repair of public utility to allow pedestrian or vehicular access, and to maintain traffic visibility. This criterion is met White Oak Partition City of Tigard SR Design LLC 2g C. Instaliation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. Comment: All landscaping will be installed according to accepted planting procedures, being of high grade and meeting the size and grading standards. All landscaping will be installed, as required, to meet the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shail not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. Comment: The applicant acknowledges that certificates of occupancy will not be issued until the landscaping requirements, as applied to single-family partitions have been met to comply with this section. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protectton of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape pians (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). , Comment: All trees are to remain on site as shown on the submitted site plans. It is not anticipated that any trees will be removed as part of this development. The site plans show the location of the tree protection fencing. The final location will be determined I the field. The City will review the tree mitigation plan to ensure compliance with this provision of the Development Code. F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shail be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and tlle safety of the general public. Comment: The homeowners that will live in this partition will maintain any street trees and landscaping materials along the rights-of-way to comply with this section. This criterion is met. White Oak Partition City of Tigard SR Design LLC 29 G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. Comment: The application understands that the conditions of approval will state what type of landscaping and screening will be required. The application is not requesting an adjustment to the landscape requirement to be less than the minimum landscaping required by the development code. All landscaping standards, as detailed by this Code, will be met as part of the overall development of two single-family homes in a single family zoning district. This criterion is met. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. Cornment: The proposed application will have the right-of-way improvements already constructed as part of the White Oak Village PD. Therefore, this criterion is not applicable. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. Comment There site does not have more than 100-feet of street frontage. Therefore, street trees should not be required. However, street trees may be planted along the frontage in locations that are not affected by the proposed driveway location. The street trees may be planted as part of the White Oak PD project and not for this partition project. If street trees are to be planted they will be planted as part of the White Pak PD will be placed and approved in the field. This criterion is met. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follows: White Oak Partition City of Tigard SR Design LLC 30 a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 feet to 40 feef tall, 16 feet to 35 feet wide branching at maturify shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from priz�ate drivewc�ys (measured af the back edge of the sidewalk),fire l�ydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; li. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. 4Vhere there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, wi11 not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at leasf four by four feet to allow for air and water into the root area. Comment: Any additional street trees that may be required will have a minimum caliper of two (2) inches and be four feet in height as specified in the requirements and will be a species listed on the City's approved tree list. As stated above, the street trees may be installed during the White Oak PD project and not during this project. The final location of the street will be determined in the field. Therefore, this criterion is met. White Oak Partition City of Tigard SR Design LLC 31 D. Pruning requirements. Trees, as they grow, shall be pruned to provide at ieast eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. Comment: If planted, any street trees will be pruned and maintained by the applicant until new owners purchase the individual parcels. At that time, the new homeowners will maintain the trees to meet the requirements of the section. This criterion is met. E. Cut and fi11 around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. Comment: There are no existing trees located in the right-of-way. Therefore, this section of the Development Code is not applicable. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approvai criteria in Section 18.370.020.C.4.b. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. Comment: The applicant may plant an appropriate number of street trees to be replanted and spaced according to city specification and be of an acceptable size and height. The street trees may be planted as part of the White Oak Village PD. The trees, if planted, used will be from the approved street tree list provided by the City. This criterion is met. 18.745.050 Buffering and Screening A. GeneraI provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce 01� eiiminate the adverse impacts of visual or noise pollution at a development site, without unduIy 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). White Oak Partition City of Tigard SR Design LLC 32 The owner of each proposed development is responsible for the instailation 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 Iieu 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. Comment: The project site is adjacent to multiple zoning designations. To the east and south the zoning is CG while the west is PD (R-12). There is already an existing wall to the east and south. To the west is the White Oak Village PD. Since there is an existing wall, the buffer requirement will be 6-feet. This will fall within the required setback for Parcel2. Therefore, the buffering requirement is not at issue. Parcell also has a wall to the south and right-of-way and single-family dwelling unit to the west. As with Parcel 2, the buffer requirement for Parcell is not at issue. Therefore, this requirement has been met or is not applicable. B. Buffering and screening requirements. Cornment: For the facts and findings stated above, the screening and buffering requirements for both parcels have been met. The application has not submitted a landscape plan since the proposed project meets the matrix requirements. Therefore, this criterion has been met. C. Setbacks for fences or walls. 1. No fence or wall shalI be constructed which exceeds tlze standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otheru�ise permitted to mitigate against potential c�dverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard aIong local streets or eight feet in all other lacations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arteriai or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; White Oak Partition City of Tigard SR Design LLC 33 4. All fences or walls greater than six feet in height shall be subject to building permit a�proval. Comment: The applicant does not propose any fences or walls along local streets nor will any��alls or fences be taller than eight feet in height. There are walls already in existence to the south and east of this project site. This criterion is met. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the Ievel of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six foot height limitation for screening. Comment: The applicant does not propose fences that would exceed the height restriction of this section. This criterion is met. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped be��ms, decorative walls and raised planters; (2) Landscape pIanters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3)Materiais to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. Screening of service facilities. Except for one family and two family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placernenf of a solid wood fence White Oak Partition City of Tigard SR Design LLC 34 or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one- and two family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonr�wall or evef•green hedge. All refuse shall be contained within the screened area. Comment: The applicant is not proposing any screening situation that would trigger the special provisions of this code section. Therefore, this section is not applicable. F. Buffer Matrix. ?. The Buffer Matrices contairced in Tables 18.745.1 and 18.745.2 shall be used in caiculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, sliall be processed as a Type 77 procedure, as regulated by Section 18.390.040, using approval cr•iteria in Section 18.370.010. (Ord. 02-33) Comment: As stated above, there are existing walls located to the south and east of this site. The buffer requirement is not applicable since the buffer lies within the required setbacks. This criterion is met. 18.745.060 Re-vegetation A. Wlien re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set farth in this section to prevent erosion after construction activities are completed. Comment: This application is not proposing additional grading in areas that will be affected by public improvements and private improvements associated with the construction of the new dwelling units and associated driveways. In areas that are disturbed by site development, replanting will occur in order to prevent erosion on the site after construction. Therefore, this criterion is met. B. Preparation for re-vegetation. Topsoil removed from 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 White Oak Partition City of Tigard SR Design LLC 35 1. Such storage may not be located where it wouid cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fiil embankments or building pads to provide a suitable base for seeding and planting. Comment: This application is not proposing mass grading on the site as part of this application. However, if topsoil is removed during construction of the utility improvements, then any topsoil removed for grading and construction will be stored on or near the site and protected from erosion as detailed in this section. After any grading, the soil will be restored on the site for planting. Therefore, this criterion is met. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-miciching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. 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 Zand area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervais sufficient to ensure survival c�nd growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. Comment: The applicant will perform all re-vegetation as described above to fully comply with the standards set forth in this Code Section. This criterion is met. CHAPTER 18.765 - OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off-street vehicle parking wiil be provided in accordance with Section 18.765.070. B. Expansion of existing use. At the time of an enlargement of a structure which increases the on-site vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section 18.765.070 subject to the foilowing: E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-streef vehicle parking and loading space; and White Oak Partition City of Tigard SR Design LLC 36 2. The subse�uent use of property for which the building permit is issued shall be conditional upon the unqualifi'ed continuance and availability of the amount of vehicle parking and loading space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not he used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use; and c. Not be rented, leased or assigned to any other person or organization. Comment: The applicant is proposing a two-parcel partition which will be designed for single-family homes. Each dwelling unit will have amble room to park at least one vehicle off-street. All off-street parking and loading requirements will be met as a condition of approval of this development. Therefore, this standard will be met as applied to the development. 18.765.030 General Provisions A. Velzicle 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 fuifilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Locatian of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single family and dupiex dwellings and single family attaclied dwellings shall be located on the same Iot with the dwelling(s); Comment: The Preliminary Site plan shows how access, egress and circulation to access each lot will be granted. Although homes are not proposed at this time, each parcel will have ample room to have passenger vehicles to park off the street and in the individual parcels. C. Joint parking. Cornment: The applicant is not proposing joint parking with this application; therefore, this section is not applicable to the development. D. Parking in mixed-use projects. Comment: The applicant is not proposing a mixed-use project; therefore, this section is not applicable to the development. E. Visitor parking in multi family residential developments. White Oak Partition City of Tigard SR Design LLC 37 Comment: This application is for single-family residential development; therefore, this section is not applicable. F. Preferential long-term carpool/vanpool parking. Comment: Carpool and vanpool parking is not required with this development; therefore, this section is not applicable. G. Disabled-accessible parking. Comment: Parking areas are not required with single-family detached dwelling units; therefore, this section is not applicable to the development. 18.765.040 General Desig�rt Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops sha11 be replaced so that their function will not be impaired. Comment: A parking lot is not being proposed with this application; therefore, this section is not applicable to the development. B. Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constratcted to facilitate fhe flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and Circulation; 3. Access drives shall be clearly and permanentiy marked and defined through use of rails, fences, walls or other barriers or rnarkers on frontage not occupied by service drives; 4. Access drives slzall have a minirnum vision clearance in accordance with Chapter 18.795, Visuai Clearance; 5. Access drives shall be improved with an asphalt or concrete surface; and 6. Excluding single family and dupiex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shalI be served by a service drive so tlzat no backing movements or other maneuvering within a street or other public right-of-way will be required. Comment: The access drives for the dwelling units will comply with all of the standards required for single-family detached residences as stated within this Code Section. This criterion is met. H. Parking space surfacing. 1. Except for single family and dupiex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040.H.3 and 4 below, a11 areas used for the parking or storage �h'hite Oak Partition City of Tigard SR Design LLC 3g or maneuvering of any vehicle, boaf or trailer shall be improved with asphait or concrete surfaces; 2. Off-street parking spaces for single and two family residences shall be improved with an asphalt or concrete surface; Comment: All off-street parking spaces will be improved with an asphalt or concrete surface to comply with this standard for single-family residences. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur, except for single family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across pubiic sidewalks. Comment: All off-street parking spaces for the single-family residences will be well- drained to ensure that ponds do not occur. Therefore, this criterion is met. 18.765.050 Bicycle Parking Design Standards Commen�According to Table 18.765.2, bicycle parking is not required with this application. Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Re uirements MINIMU ZONE A MAXIMUM ZONE B BICYCLE RESIDENTIAL Household Livin Sin le Unit,Detached 1.0/DU None(M) None(M) None(M) Accessor Units 1.0/DU None None None (M):Metro Requirement 18.765.070 Mircimum and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may ruIe that a use, not specificall� listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. H. Specific requirements. (See Tab1e 18.765.2 White Oak Partirion City of Tigard SR Design LLC 39 Comment: The applicant is proposing a two-parcel partition for the development for single-family detached dwelling units, within the R-4.5 zone, a listed use. T'he minimum required off-street parking space is 1.0/DU, per Table 18.765.2. Residential developments do not have a maximum off-street parking space requirement. 18.765.080 Off-Street Loading Requirements A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be ba�ilt or altered which receive and distribute material or merchandise by truck shall �rovide and maintain off-street loading and maneuvering space as follows: Commen� The applicant is proposing development in a residential zone, R-4.5; therefore, this section is not applicable to the development. CHAPTER 18.790 - TREE REMOVAL 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parceis for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. Comment: The applicant has prepared a tree plan in compliance with this Code Section. The proposed partition is not preparing to remove any of the existing trees along the eastern property line, with the exception of tree #1 which has been identified as hazardous by the project arborist. The applicant has supplied an arborist report prepared by a certified arborist, as required by the City to demonstrate that the trees will remain on site and that the tree protection fencing is in the proper location. Since only one hazardous tree is proposed to be removed, the application does not find it necessary to address how the design of the project will preserve trees. The application has designed the project to preserve all but one if the existing trees on the site. The protection of the trees has taken a paramount role rather then removing the trees. The application requests that the City use discretion when reviewing this Code Section in relation to the Director's Interpretation to not request a full explanation of the preservation of tress when all trees will be preserved. Therefore, this requirement has been met for approval. B. Plan requirernents. The tree plan shall include the following: 1. Identification of the Iocation, size and species of ail existing trees including trees designated as significant by the city; White Oak Partition City of Tigard SR Design LLC 40 Comment: The tree assessment from the tree plan identifies the trees that will remain on the site as required by the City. This criterion is met. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caiiper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper reqa�ires no mitigation. Comment: The tree assessment from the tree plan indicates that only one tree will be removed from the site. This tree is under 12-inches and not subject to mitigation. Therefore, there is a 100% retention rate which means that no mitigation will be required for this partition. Therefore, this criterion has been met. 3. Identification of all trees which are proposed to be removed; Comment: As stated above, no trees are proposed to be removed in association with this project. Therefore, this criterion is not applicable. 4. A protection program defining standards and methods tlzat will be used by the applicant to protect trees during and after construction. Comment: The Improvement Plan shows the approximate location of the tree protection fencing. This fencing will be installed prior to any major site work. Therefore, this criterion has been met. C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. Comment: As stated above, no trees are proposed to be removed in association with this project. Therefore, this criterion is not applicable. White Oak Partition City of Tigard SR Design LLC 41 T8.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the B. Subsequent removaI of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section sl�ould either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A rnodification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, inciuding but not limited to easements and conditions of development approval. D. Design modifications of public improvernents. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. Comment: The applicant does not request any incentives or modifications to the development requirements with this application. Therefore this section is not applicable. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shaIl be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: White Oak Partition City of Tigard SR Design LLC 42 E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding D.4. above, is not permitted. Comment: No portion of the site is within a sensitive land as defined by Chapter 18.775. This criterion is not applicable. 18.790.060 Illegal Tree Removai Comment: The tree assessment from the tree plan indicates that no trees will be removed from the site. Therefore, there is a 100% retention rate which means that no trees will be removed as part of this development. Therefore, this criterion has been met. CHAPTER 18.795 -VISUAL CLEARANCE AREAS 18.795.020 Ap�licability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a clzange of use which increases the on-site parking or loading requirements or which changes tlie access requirements. B. When site development review is not required. Where the provisions of Chapter 18.330, Site DeveIopment Review, do not apply, the Di��ectar shall approve, approve with conditions, or deny a plan submitted under the provisions of fhis chapter through a Type I procedure, as governed b� Section 18.390.030, using the standards in this chapter as approval criteria. Comment: The applicant is proposing a two-parcel partition. All vision clearance provisions of this Code Section will be met. 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. 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 beiow eight feet are removed. C. Additionai topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstrucfion of clear vision areas at a sfreet or driveway intersection, hedges, piantings,fences, wails, wall structures and temporary or permanent obstructions sha11 be White Oak Partition City of Tigard SR Design LLC 43 further reduced in height or eliminated to comply with the intent of the required clear vision area. Comrnent: The applicant has prepared a preliminary sight distance certification for the two parcels. Since the parcels are located at the corner of an eye-brow corer vision clearance should not be an issue. The applicant will not obstruct this clear vision area by placing a hedge, plantings, a fence or wall structure over three feet high measured from the top of the curb. This criterion is met. 18.795.040 Computations B. Non-ai•terial 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 ar property line at points wlzich are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figurc 18.795.1: � �. �(.� kr',�r�i��i •: 'F �►�Y , I ' ., . ., . �� �,{� �{��1 - � . . � ho1'bAG.IC`C/ � 1 .',•, s�p' _ � � Ltnv . • 40' 30' � C_�g(1{'O� �, �, ..._ �ee� W�.� ��� FIGL'RE 18.795.1 ILLLTSTR?�TIO\S OF�'ISL:�L CLEARA�CE REQLTREME:�TS 2. Non-arterial streets Iess than 24 feet in width. At alI 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 shail 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. Comment: The applicant has prepared a preliminary sight distance certification for the site. Since the site is at the corner of an eye-brow corner the vehicles leaving the site will White Oak Partition City of Tigard SR Design LLC 44 have plenty of distance to see any on coming vehicles. The site plan shows the vision clearance triangle. Therefore, this section has been met for approval. White Oak Partition City of Tigard SR Design LLC 45 CHAPTER 18.810 - STREET AND UTILITY IMPROVEMENTS 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvernents shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the puhlic facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements onl� when tke required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this chapter. D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9. E. Except as provided in Section 18.810.0305, as used in this chapter, the term "streets" shall mean "public streets" unless an adjustment under Section 18.810.020.D is allowed. (Ord. 99-22) Comment: The applicant has prepared a two-parcel partition application in compliance with the requirements of this section. The applicant makes assurances that adequate public facilities exist for the development of this partition. This criterion is met. 18.810.030 Streets A. Improvements. 1. No development shalI occur unless the development has frontage or approved access to a public street. 2. No development shall occur uniess streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the deveiopment 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. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; VVhite Oak Partition City of Tigard SR Design LLC 46 5. If the City couid and would otherwise require the applicant to provide street improvements, tlie 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 potentinl safety hazard to motorists or pedestrians; c. Due to the nature of existing deveiopment on adjacent properties it is uniikely that street improvements would be extended in the foreseeable future c�nd 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. 6. The standards of fhis chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. 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, 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 deveiopment or wouid preclude devetopment on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shali baiance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the pubiic interest, the approval authority shalI consider the criteria listed in Section T 8.810.030 E.1. An adjustment to the standards may not be granted if the adjustment would risk public safet�. Comment: Each parcel in the partition has access to SW 74th Avenue, either by direct frontage or an access easement. No new streets are being created as a result of this development. Therefore, this section may not apply due to the type of development being proposed. 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 streef is deemed essential by the Council for the purpose of general traffic circulation: White Oak Partition City of Tigard SR Design LLC 47 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: a. Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 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: a. The applicant shall submit such additional information and justification as may Ue necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of this title; and 3. AlI deeds of dedication shall be in a form prescribed by the City and shall name "the public,"as grantee. Comment: The applicant is requesting approval of a two-parcel partition at the eyebrow corner of SW 74th Avenue. There is no additional dedication since the property has already dedicated the required right-of-way during the development of the White Oak Village PD. As a result, this criterion is met. C. Creation of access easements. The approvai authority may approve an access easement established by deed without fuli compiiance with this title provided such an easement is the oniy reasonable method by which a iot large enough to develop can be created: 1. Access easements shali be provided and maintained in accordance with the Uniform Fire Code Section 10.207; 2. Access shaii be in accordance with Sections 18.705.030.H and 18.705.030I. Comment: The only access easement being created is to allow vehicle access to Parcel2. However,both parcels are large enough to develop with or without the use of an White Oak Partition City of Tigard SR Design LLC 48 easement. The access easement will be maintained in accordance with Tigard Development and Uniform Fire standards. This criterion is met. 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 below; and 2. Wl2ere 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. Sucl2 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. E. Minirnum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be iess 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 pubiic 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 ifs decision about desired right-of-way width and pavement width of the various street ftjpes within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter- Functionai Street Classification; b. Anticipated traffic generation; c. On-street parking needs; d. Sidewalk and bikeway requirements; White Oak Partition City of Tigard SR Design LLC 49 - v �. r e r g Y .a s'— x � �^ ° '`� � �� � , i �V c4 � ��^ •- T�pe of Street ' s .z L .+^ s � `� ' ^ �_ � i� s 9� �z � =� �`�.r R`. L Y � Y + E �s �e �+ E e TS c -� � �+ � 'a ° ;�, i a � + p Anrnal 64'-12E' Vanes 2-7(Refer m 1^_' NJA 6'(Pkr•Saeen) 8'(Rr�.&Ind.2ameaj 5' 12•t�� �P) 5'-6' Streetal IO' Comm Zmes Collecta 58'-96' l'au+ 2�5(Refer a 11' N/A 6'(4ew Sucen) 6'(Rn.&Ind.Zaues) 5' 12'u� TSP) 5'-6' Sueets !' Con�.Zones N-hborhoodAoute 50'-58' ?8�-36' 10' 8' S'-6' S'-6'� 5' NiA Lool lndntrul�'Coawxrail 50' 36� 2 L:.!A 5'-6-� 5' �i�A Local Residmtial Y�A Under ISW ADT SJ750'a: 3?'28'0� 2 8'(botl�s�dn) AVA 5'•6'Q 5' t3ndrr 500 ADT $0'1�'0> 2E'/2�'�� 2 d'(me ude) N!A Under 200 ADT 46'/42'P� 2d'20'� 2 o Pak� PZ'A Culde-sac 6ulbs�n i0' s?'ndw� N!A IS%A N/A S1/A Indusmal and ndms Cmunmcial zones Cul-de-.ucbulbsin 47' 40�rad�u� N:A NiA N;A N:A N:A Aecufecvalzooes radn¢ Allev Rn�denoul 16' 16' N/A WA NiA N!A N�A Alln��Hvs�MSS 20' 20' NfA N/A N�A ;I/A N%A (Ord.02-33) i Medims required frir 5 nad 7 Inne ro�Aa roys. 'ILey�rc optio�l for 3 Lae roadways, 'Sidew-alk midtha for these streets ahall be 5 ft w•it6 lmdccwpe atrip:6 ft if agaiact cutb(if petmitted ia accordance with 18.810.070.C7. '"SWnny Sneet"roed���ay widrhs ure permiaeA n•here crou tecbou aad rmew cntrria ere met. Refer to conespo�iug croes aeetio`u(Figwts 18.810.3, 18.870.4 and 18.810.5)f;u deuilc sad con&tions. Cornment: The applicant has designed the project to reflect the dedication already given to the City for the development of White Oak Village PD. This right of way is already dedication is sufficient to meet current eyebrow corner standards, which include the sidewalk and planter strip. This criterion is 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 applicant's request, the City may prepare a futicre streets proposal. Costs of the City preparing a future streets proposaI slzall Ue 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. 2. Where necessary to give access or permit a satisfactory future division of adjoining Iand, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properfies are not considered to be cul- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. 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. 6ti'hite Oak Partition City of Tigard SR Design LLC 50 c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs s1za11 be constructed for stub street in excess of 150 feet in length. G. Street spacing and access management. Refer to 18.705.030.H. Comment: The applicant is not proposing any future streets or extensions with this application thus this criterion is not applicable. H. Street alignment and connections. 1. Full streef 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, Iease 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. 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 oi� topographical constraints, existing development patterns or strict adherence to other standards in fhis 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 sufficient to show that a street connection is not possible. The appiicant must show why the constraint precludes some reasonable street connection. 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, shop�ing areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize traveI distances within the development. Comment: The application and site design does not include any new future street connections nor does it create any street extensions. Each parcel in the partition has access to SW 74�'' Avenue, either by direct frontage or an access easement. This criterion is not applicable. I. Intersection angles. Streets shall be iaid out so as to intersecf 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° 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; 1Nhite Oak Partition City of Tigard SR Design LLC 51 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. Comment: The application does not create any new streets. This criterion is not applicable. J. Existing rights-of-way. Wlienever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way sliall be provided at the time of subdivision or development. Comment: The subject site has already dedicated right-of-way for the development of the White Oak Village PD. This application is not proposing to dedicate any additional right-of-way. This criterion is met. K. Partial street impravements 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 wlTen it will be practical to require the improvement of the other half when the adjoining property developed. Comment: As stated above, the subject site has already dedicated right-of-way for the development of the White Oak Village PD. This application is not proposing to dedicate any additional right-of-way. This criterion is met. L. Cu1s-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 shail only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in tlzis code preclude street extension and through circulation: 1. All cuis-de-sac sha11 terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and 2. The length of the cul-de-sac shali be measured from the centerline intersection point of the two streets to the radius point of the bulb. 3. If a cui-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. Comment: This project is not located on a cul-de-sac. Therefore, 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. th'hite Oak Partition City of Tigard SR Design LLC 52 Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. Comment: The application does not propose any new streets and thus this criterion is not applicable. N. Grades and curves. 1. Grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15%for distances of no greater than 250 feet), and 2. Cenferline radii of curves shalI be as determined by the City Engineer. Comment: As stated above, this partition is located along an eyebrow corner of SW 74th Avenue. The design of the corner was completed during the construction documents of the White Oak Village PD. T'herefore, this criterion does not apply. 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 ana 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 shaIl be buiit to City configuration standards. Comment: All curbs, curb cuts, ramps and driveway approaches will be constructed in accordance with the standards specified in this chapter and Section 15.04.080. The majority of this work will be constructed during the construction of the White Oak Village PD. It is unknown if modifications to the curb cut and sidewalk standards may be requested or revised. 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 approximateIy 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 aliow screen planting along the railroad right-of-way in nonindustrial areas. Comment: The application does not contain any streets that are adjacent to railroad right of way and therefore this criterion is not applicable. 4Vhite Oak Partition City of Tigard SR Design LLC 53 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: 1. A parallel access street along the arterial or collector; 2. Lots of suitaUle depth abutting the arterial or colIector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along tlie arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be from tlze Iower classification street. Comment: The site is not adjacent to, abutting or traversed by any arterials or collector streets and thus this criterion is not applicable. R. AlIeys, public or private. 1. Alleys shalI be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off-street parking and loading faciIities are made. 2. WJ1ile aIley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not Iess than 12 feet. Comment: The application does not contain any alleys and thus the criterion is not applicable. 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 professionai land surveyor to provide certificafion to the City that all boundary and interior monuments shail be reestablished and protected. Comment: The applicant acknowledges that it is the responsibility of the developer's professional land surveyor to provide certification to the City that all boundary and interior monuments will be reestablished and protected. This criterion is met. T. Private streets. 1. Design standards for private streets shall be established by the City Engineer; and White Oak Partition City of Tigard SR Design LLC 54 2. The City shall require Iegal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi family residential developments. Comment: The application does not contain any private streets and thus this criterion is not applicable. U. Railroad crossings. Where an adjacent developrnent results in a need to install or improve a r•ailroad crossing, the cost for such improvements may be a condition of development approz�al or another equitable means of cost distribution slzall be determined by the public works Director and approved by the Commission. Comment: The application is not adjacent to a development that will result in a need to install or improve a railroad crossing and thus criterion is not applicable. V. Street signs. The City sha11 install all street signs, relative to traffic control and street names, as specified Uy the City Engineer for any development. The cost of signs shall be the responsihility of the developer. Comment: It is not anticipated that additional street signs will be required. However, the applicant acknowledges that the cost of any street signs procured by the City for the partition will be the responsibility of the developer. This criterion is met. W. Mailboxes. Joint mailbox facilities shail be proz�ided 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/US Post Office prior to final plan approval; and 3. Plans for the joint maiibox structures to be used shall be submitted for approval by the Citi� Engineer/US Post Office prior to final approval. Comment: The applicant will work with the Postal Service and Ciiy Engineer to determine the ultimate location of the mailboxes for this partition. This criterion is met. X. Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. White Oak Partition City of Tigard SR Design LLC 55 Y. Street Iight standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. Z. Street name signs. Street name signs shaIl be installed at all street intersections. Stop signs and other signs may be required. Comment: It is not anticipated that traffic signals, street lights or street name signs will be required with this two-parcel partition. This criterion is not applicable. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on ail new const��ucted 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 deveiopment are completed or three years from the commencement of initial construction of the development, whichever is less. Camment: The final lift will occur once all the construction for the White Oak Village PD is complete. The design of the roadway is already approved and will be constructed with the improvements of the PD. Therefore, this criterion has been met. AB. Traffic calming. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the deveioper may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the City to help pay for traffic calming measures that become necessary once the development is occupied and the Cify Engineer determines that the additional traffic from the development has triggered the need for traffic caIming measures. The City Engineer will determine the amount of funds required, and will collect said funds from the developer prior fo the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the City for a period of five (5)years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the City within the five-year time period wiIl be refunded to the developer. AC. Traffic study. 1. A traffic study shall be required for aiI 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 deveIopment onto the City street at fhe point of access and the existing ADT fall within the following ranges: c. If any of the following issues become evident to the City engineer: White Oak Partition Cit}'of Tigard SR Design LLC 56 (1)High traffic volumes on the adjacent roadway that may affect movement into or out of the site (2) Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s) (3) Inadequate horizontal or verticaI sight distance at access points (4) The proximity of the proposed access to other existing drives or intersections is a potential hazard (5) The proposal requires a conditional use permit or involves a drive-through operation (6) The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developrnents 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. Comment: This is a two-parcel partition; one house already existed on the site. Therefore the increase in traffic will be from one additional dwelling unit, approximately ten vehicle trips. This is well under the threshold requirement for a traffic study or impact statement. This development will not cause traffic congestion that would trigger traffic calming devises. Therefore, this criterion is not applicable. 18.810.040 Blocks A. Block design. The length, width and shape of blocks sha11 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 Iimitations and opportunities of topography. Comment: The application does not propose to change the current block design since the eyebrow corner is already under construction. This criterion is met. B. Sizes. 1. The perimeter of blocks formed by streets shail not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands or other bodies of water, or pre-existircg development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. White Oak Partition City of Tigard SR Design LLC 57 c. For non-residential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by B.1 above. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, exisfing development patterns, or strict adherence to other standards in the code. Comment: The application does not contemplate changing the size of the block since the project is at a bend in the road and is surrounded by developed commercial property. This criterion is not applicable. 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 traversed by a watercourse, or drainageway, there shail be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the u�atercourse. Comment: The application proposes easements for sewers, drainage water mains, and electric lines where required. The final location of the easements will be identified on the final plat. The final plat will be submitted to the city for review prior to recording at the County Surveyor's Office. This criterion is met. B. Utilit� easements. A property owner proposing a deveiopment 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 he 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. Comment: The applicant has made arrangements that provide for full services to the development. In fact all the utilities will be installed during the development of the White Oak Village PD. 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 iot shall contain part of an existing or proposed picblic right-of-way within its dimenstons; 2. The depth of a111ots 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; White Oak Partition City of Tigard 5R Design LLC 58 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 fype of use proposed. Comment: The application contains parcels that are the size and shape appropriate for the location of the development. The depth of all proposed parcels will not exceed 2-1/2 times the average width and is zoned residential. This criterion is met. B. Lot fi�ontage. Each lot shall abatt upon a public or private street, otker than an alley,for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single family dwelling unit, in which case the Iot frontage shall be at least 15 feet. Comment: The application is for a minor land partition and each parcel in the partition has access to SW 74t" Avenue, either by direct frontage or an access easement; therefore Chapter 18.162.050 (C) applies. Parcell has approximately 77 feet of street frontage and Parcel 2 has a 20-foot access easement through Parcell to SW 74th Avenue. 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 ten 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. D. Lot side lines. The side lines of Iots, as far as practicaUle, shall be at right angies to the street t�pon wlzich the lots front. E. La1-ge Iots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, 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 wiil provide for the extension and opening of streets at intervais which wiil permit a subsequent division of any tract into lots or parcels of smaller size. The land division shaii be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. Comment: The application contains no through lots, the lot side lines are at right angles as near as possible to the street and there are no large parcels that will likely be re-divided due to the site development requirements and configuration proposed for both parcels. This criterion is met. White Oak Partition City of Tigard SR Design LLC 59 18.810.070 Sidewalks A. Sidewalks. All industriai streets and private streets shali have sidewalks meeting City standards along at least one side of the street. All other streets shail 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. Comment: The application will have the site improvements installed as part of the White Oak Village PD. The sidewalks may be bonded until the dwelling units are constructed. A sidewalk is only proposed along the frontage of this partition. The sidewalk should be able to tie into the sidewalk being proposed with the PD to the west. 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. Comment: Due to the size of this partition, there will be not be an additiona11,000 vehicle trips per day near or at this location, therefore this section is not applicable. 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 extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). Comment: Sidewalks will be constructed in front of this project.Therefore this criterion has been met. C. Planter strip requirements.A planter strip separation of at least five feet between the curb and the sidewalk shaIl be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewaiks already exist on predominant portions of the street; it would conflict with the ufilities, there are significant natural features (large trees, water features, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)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. White Oak Partition City of Tigard SR Design LLC 60 Comment: The applicant is proposing to construct sidewalks around the frontage of the site in a similar fashion to the improvements being proposed for the White Oak Village PD. As stated above, all improvements will be installed during the development of the White Oak Village PD being constructed west of this site. E. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property ozvner. F. Application for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved sacbdivision or tlze 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 shail 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 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 reasonabie length of time; b. Forthcoming installation of public utilities or street paving would be likeiy 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; and 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Comment: The sidewalks will most likely be installed during the construction of the White Oak Village PD, located west of this site. The design of the sidewalk and planter strip should have already been reviewed by the City Engineer. This criterion is met. 18.810.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park, playground or other public use shown in a development ptan adopted by the City is located in whoie or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the White Oak PartiHon City of Tigard SR Design LLC 61 reservation or dedication is roughty proportional to the impact of the subdivision on the park system. 2. 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 tlze impact of the subdivision on the park system. B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agenc� within 18 months folIowing plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. Comment: The application does not propose any dedication for a park, playground or public use as none are proposed within a development plan adopted by the City. This criterion is not applicable. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shali 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. 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. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits denied. Development permits rnay 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 tlzreat to public heaIth or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment s�stem. Comment: The applicant will meet the City Engineering standards for the sanitary sewer. The applicant is proposing to install the sanitary sewers for both lots during the construction of the White Oak PD. During the pre-application conference, the City Engineer stated that it would be okay to install all utilities during the construcrion of the White Oak PD in order to minimize the construction and disturbance of the improvements. The utilities that are to be installed with the White �ak PD should have White Oak Partition City of Tigard SR Design LLC 62 been reviewed by the City to ensure compliance with these standards. T'his criterion is met. 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water 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 sacrface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-wa� conforming substantially with the lines of such watercourse and such further width as wiil be adequate for conveyance and maintenance. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside tlie development, and: 1. The City Engineer shail 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 tlze Unified Sewerage Agency in 1996 and including any future revisions or amendments). D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development wili 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). Comment: The applicant will meet the City Engineering standards for the storm sewer. The applicant is proposing to install the storm sewers for both lots during the construction of the White Oak PD. During the pre-application conference, the City Engineer stated that it would be okay to install all utilities during the construction of the White Oak PD in order to minimize the construction and disturbance of the improvements. The utilities that are to be installed with the White Oak PD should have White Oak Partition City of Tigard SR Design LLC 63 been reviewed by the City to ensure compliance with these standards. This criterion is met. 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extensian. 1. As a standard, bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan (TSP). 2. Developments adjoining proposed bikeways identified on fhe City's adopted pedestrian/bikeway pIan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle pIan. B. Cost of construction. Development permits issued for planned unit developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. C. Minimum width. 1. Minimum width for bikeways within the roadway is five feet per bicycle travel lane. 2. Minimum width multi-use paths separated from the road is ten (10)feet. The widtlz may be reduced to eight (8)feet if there are environmental or other constraints. 3. The minimum width for pedestrian only off-street paths is five (5)feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. Comment: The applicant is not proposing any additional bikeways or pedestrian pathways other than the potential sidewalks along the eyebrow corner of SW 74t" Avenue. This criterion is not applicable. 18.810.120 Utilities A. Underground utiIities. All utility Iines including, but not Iimited to those required for electric, communication, lighting and cable television services and related facilities shail 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: White Oak Partition City of Tigard SR Design LLC 64 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The Cify reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets hy tlze 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. 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: 1. Plans showing the location of aIl underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in ail cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to under-grounding requirement. 1. The developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities wliich are not underground will serve the development and the approval authority determines that fhe 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 shorf frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utiiities 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-Iieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-Iieu of undergrounding. 4. The exceptions in Subsections 1 through 3 of this section shall apply only to existing utility lines. AIl new utility lirces shall be placed underground. D. Fee in-lieu of undergrounding. 1. The City Engineer shall establish utility service areas in the City. All development which occurs within a utiiity service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. White Oak Partition City of Tigard SR Design LLC 65 2. The City Engineer shall establish the fee by utility service area which shall be deterrnined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information subrnitted by the applicant with the request for credit. 4. The funds colIected in each service area shall be used for undergrounding utilities within the City at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the City. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for their review and approvai annuall�. Comment: The applicant will meet the City Engineering standards for utilities. The applicant is proposing to install the utilities for both lots during the construction of the White Oak PD. During the pre-application conference, the City Engineer stated that it would be okay to install all utilities during the construction of the White Oak PD in order to minimize the construction and disturbance of the improvements. The utilities that are to be installed with the White Oak PD should have been reviewed by the City to ensure compliance with these standards. The applicant has shown the easements for all underground utility facilities in the development plans. This criterion is met. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City CounciI. B. Cash deposit or bond. Such guarantee shall be secured by cash depasit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compiiance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. Comment: The applicant will guarantee all improvements installed as to workmanship and material for a period of one year following acceptance by the City Council. The cash deposit or bond shall be secured in the amount of the value of the improvements as set by the City Engineer and comply with the terms and conditions of Chapter 18.430.090. This criterion is met. 18.810.140 Monuments A. Repiacement required. Arcy rnonuments thaf are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. White Oak Partition City of Tigard SR Design LLC 66 Comment: The applicant will replace any monuments that are disturbed before all improvements are completed prior to final acceptance of the improvements. 18.810.150 Installation Prerequisite A. Approval required. No public improvements, including sanitar�sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution. Cornment: The applicant acknowledges that the plans need to be approved by the City and the permit fees paid and permit issued prior to commencement of the construction of the public improvements. This criterion is met. 18.810.160Installation Conformation A. Conformance required. In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his own option, s)zall conform to t1�e requirements of this chapter and to improvement standards and specifications followed by tlie City. B. Adopted installafion standards. The Standard Specifications for PubIic Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Martagement (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments)shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. Comment: The applicant will conform to the requirements of this chapter and to the improvement standards and specifications followed by the City of Tigard. This criterion is met. 18.810.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance. Ali such plans shall be prepared in accordance with requirements of the City. White Oak Partition City of Tigard SR Design LLC 67 Comment: The construction drawing to install all the improvements have been reviewed by the City to ensure accuracy. As stated above, all utilities have been installed as part of the improvements of the White Oak PD. This criterion is met. 18.810.180 Notice to City A. Commencement. Work shall not begin until the City has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified. Commen�The applicant will not begin work until the City has been notified in advance. This criterion is met. 18.810.190 City Inspection A. Inspection of improvemenfs. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unicsual conditions arising during construction warrant such changes in the public interest. Comment: Any improvements will be constructed under the inspection and to the satisfaction of the City during the White Oak PD construction improvements. This criterion is met. 18.810.200 Engineer's Certification A. Written certification required. The developer's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. Comment: The applicant's professional engineer, will provide written certification that all improvements, workmanship and materials will be in accordance with current and standard engineering and construction practices, and are of a high grade, prior to City acceptance of the subdivision's improvements or any portion thereof for the operation and maintenance. This criterion is met. Conclusion The applicant has satisfied the requirements of the Development Code for the City of Tigard and the two-parcel partition application should be approved as submitted. White Oak Partition City of Tigard SR Design LLC 68 � � I E I h i I _ \�� I ' I I � ��'�� i I �� � �i a _ �i I ' �I �- � � � � I ' '_ Wi � � � I W � i � •,,, ,�,- � � � � � p i � , � � � � �_ � i � ' - �� I < I EDGE OF PAVElIFT1T I ��a P� � �._.___'. �____ _ __.__ __ __—' _ .\ / / I, $�n� ^ � � I = O �,T°^ � � � 1 I IE 10�IN�249.41 I o �--------�I � \ � r �13 � I � ' � � �' TL 110Q0 m � � ' �� � � 4 � i � �+ SCAL£• J'�10" . .__ .__ �,. � ♦\. — - — _—� / (,/7 � � f0 5 D � �� ] � , �- ; .t 10 � I � —. —____ — -�...� - - _�' -- �__ -- �- _ - =-588'52'25"E 142 57' _ _____.._ _;,_- , - _ _ . ��� � � �-�� �� � �� ; _x—%—x_X—x_X—x—x=A'��t— x �_� l ����P ✓ I V / 6 � f ��/ � M STREE T� A �� � i ExisTiNC sroRM uNE �� � , ,-�'��`�� � LEGEND , , , � ���� Q '� i� I/ 1 SD LATERAL \ `� ''� �� ' ` ��� I i - - LOT LINE , sa �\ �, % ` _ , � ,�; � I i _ _ ---- ROW LINE � `� � ry � � �'� SS LATERALS � ��. ��� j -- BOUNDARY LINE ' I I — CONCRETE LINE --- _ ��� �� ,� � TL 11030 �� � :,, �,. �, � i � 0.40 ACRES � > >��� I � - — — — — - EASEMENT LINE � \�� ' ME'TER �/ � R_W DATA: �� � �� � 1 � AC LINE � � , i - f i -�-- I�I STORM LINE �' _l- ' R=46.00' % ��� � � �,...-� , -� � ,� � =96'27'15" � ', i.� o � ,` __ a�` ,� _ 1 � � loi SANITARY LINE Q Z � -"- -- HYDRAN �\ � � DEDICATE[l� ` I �' '�,� x � w WATER LINE � � _��- RIGHT-OF-�VAY '� � �;,�=' —x—X—z— o � FLOW ARROW ` � FENCE LINE � �x � � _ \�� 5D LA�ERAL ' (TYP) � �, 1 �� .� i x�I - CENTERLINE Z Q 3 � S --_ � ' ; EXISTING BUILDING � !, i % I�n� 8 O m � o �' �� / � � � TO BE REMOVED � ; � �� � 488 1' CONTOUR LINE � F � TRACT D �i��� n, ,� ', `� , ', i ,��.�.. �� 490 5' CONTOUR LINE � � � �' °O�i � % `� ��� � ���\ �'. ' `� � S� CONIFER TREE ---___ --- -_._ _- ----__ �f , _r _�.,� ��� / ` � �I .' �_, �,- X�'i d^� � � ', ' : , ' WATER METER � _ �i , �,-- . !`� i � wii \ -=�-25�� I � �, ' ` I � FIRE HYDRANT � ;t-,i� v, t �._ �,; .�� a,.� i L 0 T 27 � �' — -- --- �-- -- --- i � - N� _ __ r� i� � f�, � b4 WATER VALVE -----� , 1 \ � � I_� o �� , ^ � � �,� � I �, i Zi ; '� _ __252- � �, ;, � ' � I � CATCH BASIN \ �� x � I i �-- � � -' � � � �� �, -,'`-�" I ss SANITARY MANHOLE � ---- �--- --�----__----- -- -- --� __ S , . �. i � � I - `, ,` � �� ,�� ' I � � FLOW ARROW �I N � � � i � � _ � �n � __ _ -, �', I � ; Y � _ - - _--''�-,�.— - - —;.-'' - - �- =-��- N88 5�,�5„WA _192.00�� � ��_�\ �%�`'�� � L 0 T 1 � � � � .� J =- � �a. P ,.>•r,� �t� --�� - - ��- - - ''�.,� _ � I ; ' ��'�' �� � �li� I �%,'�✓ .=,�. � ��� � , ; �;,. ., ,;,�_� i � , , � - � v . I__----____� -;�_ �/ '/ \� �'%� TL 11615 ' ---_ . � � I \ _ \ _. � i `\ �� \ ``.-- / ( o N Z I \ \\ \ \` U Q � � I I � � / i o � � L 0 T 2 ' ��\ \ ~� /� on� �, s/z��oe � � \ \ DESIGNED i J PECK �� � 1 ( ENqNEER� � �, � 1 �HECXEA, --_-__.----..._.---._ . . SHEET 71TtE � —___ __'_ EXHIBIT i i � SHEET NUMBER - C1 n Ili �I(�/) I Z a �, i � O � �J II � � J � � k o W I � � I �' � � ; � � � ! + '� �__ W � i EXISTING CENT=RLINE ��� p � � � �� !� ��'' � ; o ��`— ��o � � I � . � I �� I' II � ��� �� E � ; ! � ^ � � � N� _ � I � :, � � i � j � �� � � EXISTING CENTERLINE i � � ~ m � a j � � SCALE: 1"=70" ' � ' ' � BARRICADE SET 2' OFF P/L ,0 5 D ,o � ___� - - ; - - �`' �I ;% I ��P� _ ______--,_.____.___.___; ��___ _. � � _ 15 WIDE DRIVEWAY �\� ;- �' �� Q�� _._ _... ;;` ,' Q SS �AT _ ___. _--. _. ___.. � ._... , _ , � X X � � � / � . - : �_X__� % � - , _ __ -. / /: ._ _ . ..._ - -- -- _:- -- - ----- __..__._ �..___ _. -- ,. _. ---... — -- �—=a..�iiei�� �� _ I _ __ ,� _.__ , � _� . 54' R�W .- � 3 �� � � � ��; , �, � �-, � x x x — X- ��— _--� , �� �,, . _ _.._ �y " � PROP. TR�E-- ^ ,, � - . __ -- -__------ -M-_-- , �-_ 5 � ;°5 � 1:�„ _ 352. 1.9' � � —�� SD LAT � 20' ACCESS I TREE � 20� PROTECTION ��� k Z ' � � �� �� '` UTIL ESMT. PROTECTION -�� � Q �::�_�: _ _— -_-�� SD SD � ,� � FENCING c�� � „ „ �' �,<�� _/ _ _ / FENCING , .�.. O z J ,., � A STREET � ". �j- -� - - - - - - — — — — a � Z J ,, _ __ ___ __ w _ -----.�__ —_".-,� ;' � / � � � ❑ .« ' '° x J Q o --- a w a — � 3 j � ��� I � � � � � ��. � SS LAT � VISION CLEARANCE _ ,� � � � � s ����,., /� LINE 48' �.� I Q Q ^ ° < ,;, ; — ; � Z � � ,, — �;� y� w � 5�8 x 3�4� � ��� � � W � � � ,..:�� , _� __ _ / � _ u � `�i���� � 3 � _ _..�.., �F, WATER ►v�.� R � ��/'` J � ; � �` -_--- _- � \ � Q / ��, ��'•�. WQ � o , � ;,� � ;� /— 1� \ � __ ' , � ' � o �� � � � i�i / - __ , — SD LAT ��/' � � �� �RACT L- / LOT 2 � ; � — — 5�8„ X 3�4„ �� � - �� — ' �,, =; _ _ WATER METER/ L O T � 8,500 SF f � � „ , — — - 8,7 8 0 SF f I I G�� , �` _ / _._ _ � � � � � � 23 _ a ,— - ,_. _ ,�� 'y - . __ ; � TL 11030 sr�, I 10' I o `"�� ; :n ,� POSSIBLE h,i,� � �_. --, �=_.l<< ,r r�i� �f�__—�-----._..—__._, r_` (; � ,�i� 5' �- TREE UNIT �p J POSSIBLE —� ,x�� � . � �, �o� � 'I I PROTECTION BUILDABLE '`-;� I ��� � FOOTPRINT � j ,� `�' o ---___ _ ___ (TYP�NG / �s, I — E._�T c��; ; ---- , 1 � — —1 — — — _/ I 15' TREE TO -'-=� � �---- �� — — — ____ , ' _ _„ �, � 6 BE REMOVED �� , , , _ � ���- � . ., �. ,� e �. �/ � � � � _ �, i , _ ' � . _�_....__ _.'� L . , , 1 '� �' .�.' , `� .; _--', ,; , • ' � X' -�—x—,�=-��F N o . X �.-X• __- , -, . . , .,__ >�.�--� � �_ / � � ,;�.,� ��� , _. � , z � i - - �� . \. l.�` r X:_ W 1 {� � �- ���. � 0 J � � - � U � .. � � ��- � . .�. . ,. ,,_. ,._ a � � . ._ �..._..._..._._ �----_.,�I DATE � 6/09/08 � - I DESIGNED� J PECK I ENCiNEERi ; � , CHECKED i _..__.__� � _.__-- � --_. __.__ .. � I SHEET TITLE � ; I � � -r � �,, I ' r / `� i, LAYOUT � ) � � � SHEET NUMBER �--._.+ _'__._..._...__._I , . � ��. � 'y I �` / 1 � � � � . ' � � MEMORANDUM TO: FILE: WHITE �AK VILLAGE SUBDIVISION SUB2006-00010, PDR2006-00001, ZON2007-00001 FROM: Gary Pagenstecher,Associate Planner DATE: May 8, 2008 The face page of this Decision should have included the R-4.5, Low Density Residential Zone, which is applicable to the parcel described as WM 1S136DB02300.The parcel was mistakenly identified as zoned R-12. In addition, because this parcel was included in the application fox a planned development, the parcel was rezoned with a PD ovexlay. However, only a small portion o£ the parcel was used for a nght-of-way dedication for the extension of SW 74`� Avenue to provide access to the other two parcels on which the proposed development was sited. Ta� Lot 2300 is flat, approxunately .44-acres in size with an existing single-family dwelling. Because of the small size of the parcel and lack of any significant natuzal resources, application fox a planned development for future development of the site would not be appropriate. Therefore, for future develo�ment of Tax Lot 2300, a planned development application will not be necessary. Ho�ve�-ei, any land use decision shall pxovide findings under the planned development secrion of the code that idenrifies this deternvnation. _ ����� Fidelity National Title Company ... , , The Closing Company Pr:p�u-�d For: Prepared By: Michelle Austin Information Services Department 1001 SW Fi$h Avenue Suite 400 - Portland, Oregon 97204 Phone: (503)227-LIST (5478) Fax: (503)274-5472 E-rnail: csr uestc�fi�fcom OWNERSHIP INFORMATION Owner : White Oal: Village Llc Ref Parcel Number : 15136DB 02300 CoOwner . T: O1 S R: 01 W S: 36 Q: 2�1 Site Address : l 1030 SW 74th Ave Tigard 97223 Parcel Number : R0285159 Mail Add�•ess : 7955 SW I-Iall Blvd Beaverton Or 97008 ,11ap Nun:ber . Telephone : Oivner: Tenant: County : Washington (OR) SALES AND LOAN INFORMATION Transferred : 07/03/2007 Loan Amount : $1,645,000 Document � : 73847 Lender : Sterling Savings Bank Sale Price . Loan Type : Construction Deed Tipe : Bargain& Sale Interest Rate : Fixed % Owned : 100 i�"esting Type : Corporation PROPERTY DESCRIPTION ASSESSIV�NT AND TAX INFORIVIATION Map Page& Grid : 655 G2 Mkt Land : $201,350 Census : Tract: 306.00 Block: 1 Mkt Structure : $68,370 Subdivision/Plat . Other . Neighborizood Cd : WSMZ Mkt Total : $269,720 Land Use : 1014 Res,Improved % Improved : 25 Legal : ACRES .44 07-08 Taxes : $2,077.11 . F,xempt.4mount : . Exempt Type . Class Code : F LevyCode : 0238] Millage Rate : 16.4706 M�0 Assd Yalue : $125,150 PROPERTY CHARACTERISTICS Bedrooms : 2 Lot Acres : .44 }'ear Built : 195? Bathrooms : 1.00 Lot SqFt : 19,166 EffYearBlt : 1952 Heat Method : Cable Bsm Fin SqFt . Floor Cover : Carpet Pool . Bsm Unfin SqFt : Foundation : Concrete Ftg Appliances . Bsm Low SqF1 . Roof Shape . Dishwasher . Bldg SqFt : 1,082 Roof Matl : Comp Shingle Hood Fan . ]st Flr SqFt : 1,082 InteriorMat : Drywal] Deck . Upper Flr SqFt : Paving Matl . Garage Type : Attached Porch SqFt . Const Type : Wd Stud\shtg Garage SF : 440 Attic SqFt . Fxt Finish : 245 Deck SqFt . This title information has been furnished,withoul charge,in conformance with the g�ridelines appro�ed bythe State of Oregon Insurance Corrrrissioner. The Insurance Division cautions intermediaries that this seruce is desigr�ed to benefit the�6mate insureds. Indiscriminate use ontybenefiting ir�termediaries will not be perrrvtted. Said seruices maybe discontinued. No liabilityis assumed for arryerrors i n this report. = IIIII Fidelity National Title Company of Oregon N �.—. � � W E Map # 1 S 136DB 02300 S The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fideliry NaUOnal Tide assum es no liabiliry for variations,if any,in dimensions, area or location of the prem ises or the]ocation of improvemenis ascertained by actual survey. ' .�� �c � � � �,e . � `y 'i6�.�Q o f�8�$Q 1��.�[� • �5 � 1��C� ^ r � I�� � ., ,�� A� ,�$A� ,� , `�-�, 16�r�t? �' a y 6�,2t� �4 176.�4 * � ���� ���� .�e n� ��'� ,�$ �� � . �6��G � 1��' y 7�.�0 19�r �0_3Q _ 4 � 9 r � � � ���� � I . � , �44 AC I M1I yQ�' r � 'I Qt�Q , I � � ,� � 1�0�AC °ry° � I . ��� � . y 1.�{}�C �� � ����S 27�7h0� 7�Q' t � I. 1�q� � 76.4 T I , 4 � � - . � . � �. � � - • � �� . • • � 1 : I 11 � . . , .. �. . - . . . . . . . . . .. � , . . . , . .. . . . - . . . . . . . � . , . . . . - �, . - _... _.._ -� '` T �• A� R��,,c.��t!� ��� r�' 1� �#i `3�,1. +: *- ' .� v�'���., � � � �.-�,4� !e':�k,�;*,.w�,4�#��r: #�t .r#+ *�**���!Y` ����,�� " p � � . ��f�.. M1� }'�'. T i � �. �+I�t�*#��i�ff � ��.. �.��-- * •�. i±+.•-•► t'`# �* v '.�. ; ': � A4,�fi' �,#�� �• 'i'` �� '+t,�*:�a''+�`��+"; �"'- �'�;�'�"�'t -� � � � - �.�#a*#`_�t v,� ��is� ;=�*�:�'; '�� ,E; ' �',� �- � � �`. Y J � ' .��� ' �i �'-- , --^���� .ar� . i � ` - � � -�� ,.:���; '?�•'-�,�,� *�'� i '� �� � ' �:• __��};;#�#�y�,il .9 �: *fi�,1-; �_ � = f �'��'��I+�� , 4� * i rt �' �� . l��+����.I� . .. # ' +� %f#''•��t�� �s�ii; � :'-"� , . �,.. *''j••��r*� �•►��y *, �a � ��i-",.�`� ;� '1 ��+ l+ f:r'•fY ��#- 3'�? �y}u��{�¢�c"'•:r. w r,t ♦-# +} ,ri�-w.�;6'���!• � � ���*• �#•�� �# h ����• 7 Yr w i•r!' �Y T {f � f.iCC�'.."�'.'?`��l:�. ���#��} }��� f� {�I�� * f # 4�tF!JCf+C�f'O'C f�7 � r'7� i`� . �.� � * 6r.J:f f.i��C�.•r. � Q��F{#*##'#'���} ::f`��}+��.��1** �tf�� �����fi'.iXx:y +!.��* ��r� ��` '�*'*i� 5.�� " ��� �i i�r`+{��'�`:?;: _:� 'ti�� ` *! �##;.�+�-�*} � �• .r,f s�, •�v ���y� �`' �'- � ,�C,.irkl►� � •����• :�:.R�cSc.1."'utva4��'::i �}'. �*'+�� �+�{*�++,����i���k#��*- , ��� ti��vY':'�'flv:�::: **��4�_�� - � . �"*�Ri���'a������#i �r�� .y�p�,r�-�,, �• i�*`F r�:���� . ' 1�it��**�F a .�*+iiti� :. i`�`,�+P'� �`y�.'�{[�`�.a � t��• -f � t'�f� �s � ��'�i�i;' 1 :':•: r:r:t�.:�!��-� ���f��.'���i �„rh. 5'f�� iN i� *t � ♦ ** �,�.`•�r.:ifir:. .#� �*�;?!�*� _- �:7`��' :#���#*,'}+,���� � ��.���#' ' ;��, ,t�`��L���� ♦� ��t��"� ,�•*}�J�t�'�*y.�jF�� ��1,,f�+��y►f}►�ii��.+}� �� ¢ tir _�. r. #�'t'+�:���# :.. ►' ir���'.�l,*+• �r.'����Yf�*+F�ir �1+�:y�drr�\�'r� � �} � � ♦�P I" � h��y�T� i��.i-��� � w���*'+K '?,.:•c• �+tj: Y� L ,�:r 1R �lF#i�J,'4rt+r+�+�y��+�♦ tf ,,c��•,�G�,�. * * rT � �T}� T } ���l��;+� �� i!%���ar4�J�� � � � � �• p�'#'�i}�f► .�,*���►+r+�#**� -` � '.�*�;�I� +� - :��s,��,;�►#���r ��.�lt�;:��� ��!� ��� �� �' F �r' �;�► t#' "1�f�R ♦ 'f ' {,�. ���� .����y ����'' �. ��������p+ �����1/ 1 �'��F~� �� �� � +*�F' ��,� F• W�� ��#� �,�*t�4�'�� r #t .-• ��� . fa��� �'�.#. y�* # �F� „�/w _• �#,i,a�.; t��i�i���#t#�#'}I���� * .�.: �� - _�` �►���.�' ���� * := � ����---1 ���` - ����51 ♦ � �-..:. II" •- ' == 'ii 11 +�rt+'L4'r � ��t�`.t�'+#.:i�1 +tw�'�+�i� � �`':�� :#�`":.�,+'.�,�a.�, ;� ; �ry,����r*t+•����•►�R.#� #*�.��a��+'� y�� ��f'4 �f �. i f •f+���i;i��,11��`�� �f� #� ",r.�; ��� •���*� - ��t*�+*�+►*a#i� .hr}T��` �'- ''' 'V . dF�rl� �,iFy� ��� .`y!'�.�t�. .: `.�,f � ,�r i#1#��I� � j�4,���� w' .##*F= f���+k�#��. � �, � ► �`l� �y� �i*Y t�' �*�'� # .i�"� _ ���#��►ts+• .�'�✓� �� - . � ► �,�.�« ���, �,'�►� +��+t� �*�*��', -i �. , r� . • �r t � ��� Y�+�.#:� � ..� � .. - . �: .� . - - - - - s . ' . Wuh�Cc epon 2007-073847 " ,,, 07l03/2007 10:o....a AM , o•oes cM.� sm»a o NorFnuN � L70.00 55.00 511.00•Totel=f20.a0 ��\ RECOR�ING REQVESTED BY: IIIIIIIIIIII I�II I�I IIIII�IIII11 I�II�II�II�III III � 011385162007007�6470020024 Fidelity National TiUe Company of Oregon ; ,,ru«.b w,,.m��„,,o���t�,er�...�.m.���,a ru■�ienv+ee.-aneiacou�nyci.n�rorw..ni��� �>. � I ceuerty,onpen,aon�neye.ntryM.tth•with�n ., Imtruenmt ef w���p w��nnlwtl�nd n erd�d In ch�,= GRANTOR'SNAME: °o°`°�`•`°�'•°r••"`� �n�cF The Dalton Company,LLC w"�"�T��tie:cninece�ei;n�"s.�e"� /� GRANTEE'S NAME: White Oak Village,LLC SEND TAX STATEMENTS TO: White Oak Village,LLC 7955 SW Hall Blvd. Beaverton,OR 97008 Escrow No: 1118641-FTPOR01 SPACE A80VE THIS LINE FOR RECORDER'S USE j BARGAIN AND SALE DEED \ � THE DALTON COMPANY,LLC(GRANTOR),for and in consideralion of No�oltars and 0�/100($)in hand paid,bargains,sells,and conveys to WHITE OAK VIILAGE,LLC(GRANTEE)the following \ described real estate,situated in the County of Washington,State of Oregon: � SEE LEGAL DESCRIPTION ATTACHED HERETO 1 O The Grantor(s)for himself/herself/themselves and for his/her/their successors in interest do(es)by these presents expressly limii the covenants of the deed to those herein expressed,and exclude all covenants arising or to arise by statutory or other implication,and do(es)hereby covenant that against all persons whomsoever lawfully claiming or to claim by,through or under said Grantor(s)and not otherwise, � he/shelthey will forever warrant and defend the said described real estate. V � Dated:July 2,2007 QTHE DALTON COMP Y,LLC � � o BY�v^?�� � St en D.Datton,Member 2 � State of OREGON J � Countyof Multnomah a � This instrument was acknowledged before me on July Z,2007 by Steven D.Dalton �, as Mem ber of The Dalton Company,LLC. � Kathe n R.Smith,Notary Public-State of Oregon My commission expires: 01/23/09 OFF1ClAl SEAL OT R�fluBLC•ORE ON COMM18610N N0.387582 MY COMMl6BI0N EXPIRf6 JANUAAV 23,2008 __._�_..._ __ �_ —. ._ . __ _ _ .__ _ . ..-- - --- , Order Na, 10-1118641-28 EXHIBIT "ONE" � . . . I �' PARCEL II: f� Beginning at the stone with a cross at the Northeast corner of the George Richardson Donation ! Land Claim No, 55,in Section 36,Townshi 1 South,Ran e 1 West,Willamette Meritlian, in � P 9 � the City of Tigard,Washington County,Oregon;thence North 89°00'West 816.7 feet along the North line of said Donation Land Claim to an iron;thence South 0°29'West 450.6 feet, more or less,to an iron pipe in the fence line;thence South 89°00'East 160.0 feet to an iron pipe at the irue point of beginning of the tract herein described, said true point of beginning aiso the Northwest corner of that certain tract of land described in Deed to E.S, Goatlell, et al,recorded in Book 347,Page 667,Deed Records,Washington County,Oregon;thence from saitl true point of beginning South 0°29'West 100.0 feet to a point; thence South 89°00' East parallel to the North line�f said Goodell Tract, 192.0 feet, more ar less,to a point on the , East line ihereof;ihence North 0°29'East 100.0 feet to the Northeast corner of said Goodell Tract; thence North 89°00'West 192 feet to the true point of beginning, " May, 1. 2008 4:49PM No, 1944 P, 1/1 ,- � � j�.� ---�-� ^1 � � �� ��; ��� � �,� ;�, � �� (I �AY n � Z�oB ' CI���1�c�tC'.1" SCl'V1CC'S � f Vnf CUL10d11uL�n1 i3 C�eGL � CW9FlIeNumOer , r��ensifi�r.�A_rea Pre� creening ` _ o�`��- ( Site Assess�n�nt Jurisdiction;Cify of Tipard I'roperbr Informatlon: (example 1S234ABOl400} Owner Information: , 7axlot ID(s): 151-36DB Lot 2300 Name:The Dalton Company Company: Address:�955 5W Nall Blvd • Sits Address; '�'�030 SW 74th Avenue-Tigard eeaverton, OR 97008 , Phone/Fax:503-626-8483 � Nearest Cross Street;SW 74th Ave&SW Spruce St E-mall: Development Activfty: Check all that apply , ' Appifcant informaflon: Addition to S(ngls Family Residence (rooms, deck,garaqe} ❑ Name:Jeff Caines Lot Line Adjuslment ❑ Mlnor Land ParliBon � Company;SR Design LLC Residentiai Condominium ❑ Commerclal Condominfum ❑ Address: e196 SW Hall Blvd.Ste.�232 Residential Subdivisioh ❑ Commercial Subd�visfon ❑ � Beave�ton,OR 97008 S)ngle Lot Commarclal ❑ Mu�ti Lot Commerclal ❑ PhonelFax; 503-469-1293 �603-469-8653 Other besign Review and add additi�nal parking to effc srdllc,com the northern port►on of the lot. �-��ail:1 @ , � Will the proJect lnvolve any off-slte work: YES❑ NO Q Unknown Q Locatlon and description oF off•site work: j I Addltlonal commenfe or]nformatlon thaf may be needed to undereEand your project: The development Is a Nvo parcel parlitlon Thts applltallon does NOT replace lhe naed for Grading ehd E�osion Cantral Permita,Connection Permlfe,Buliding Permlts,Slte DBVelopment Permite,�EG11200-C Permlt or other permlls ss Issued 6y tha Department of Envlronmontal Ouallty,Departmont of Stato Lands and/or DapartmenE of 1he Army COE. All I'equlrad parmlts and approvalb mubt be obtained and compleled�nder applicable looel,slaEe,and federel law. � By signing lhis form,the Owner or ownar'e aulhorized apent or repreeenlal�ve,acknowledge5 and ae�eea lhal employeCS of Clean Water 3enlCes have authorily lo en�er Ihe project slte at all reasonable pmes for the purpose oi Inspecling proJect site conalllons and ga�nerng inrormeiion related Io lhe projscl eite. I ceruty Ihaf I em FdmiNarwilh tha intormelion confeined in ihia dxumenl,and to(he be91 of my knowled8e 9nd belief,lhig in[ofmaUon Is true,CompJe�e, and accurale. print/Type Name: �eff Caines,AICP PrinVType Tit�e: Lsnd Use Planner Signature: Date: 'I! �d FOR DISTRICT USE ONLY n Sensitive areas poEentiaily ex(s[on slte or withln 200'of the site. THE APPLICAN7 MUST PERFQRM A SITE ASS�SS ENT PRIOR TO 13SUANCE 0�A SERVICE pROVIDER LETTER. If Sensftive Areas e�dst on the sfte or wiEhin 260 feet on adjacent pr�pertfes,a Naturai Resources Assessment Report may also be required. Based on revlew of the submltted materials and best available informaEion Sensitive areas do not appear to exist on slte or withir,200'of the site. Thfs Sensitive Area Pre-Sereenfng Site Asseasment does NOT eliminate the need to evaluata and pratect water quality senstUve areas If they are subsequently discovered. Thts document w111 serve as your Service Provlder lefter as requlred by Resolutfon and Order 07-20,Section 3.02,1, •All required permits and approvals must be obtained and completed under appllca6le local,State,and federal law. ❑ sased on revfew of the submitted materlals and best avalleble informalfon the above referenced proJect w111 noE significantly � impact the exisfing or potanfiafly sensf�ivo aroa(s)found near lhe site.This fiensitive Area Pre-3creening Slte Assessment does NOT eilminate the need to evaluate end protect�dditional water quality sensitive are�$if they are subsequently discovered. Thls dooument wlll serve as your Service Provider letler as requlred by Resolution and Order 07-z0, Section 3.02,1, All•required permita and approvals must be obtained and cornpleted under appliaeble local,state,and federal lew. ❑ This Service Provider Letter Is not valid untess CWS approved site plan(s)are�atfached. ❑ The proposed activily does not meet the definitlon of development or the lot was piatted after 9/9/95 OfiS 92.040(2). NO SITE ASSESSMENT OR f�V E PRO _ER..LEfTER IS REQUIRED, • Revlewed By: bate; S��z�� 2550 5W Hillsboro HiBhw .Hllloboro,Orepon 87123 PAone: (503)681-Si00 Fax: (S��)49t-4499•wanv.eleamveterservtce�.ora Rerlee�Mar a,z007 � �� � � __.�,� �� C . CleanWater� �er��ices � � � Our commitment is clear. � August 1, 2oas Len Dalton 1226�0 SW 124th��ve�ue .. _: . _- ._. � - � Tigard, Oregon 97223 . Melinda Smith De�elopment Services Review _ � �3'131 SE 125th Avenue Clackamas, Oregon 97015 Re: 1S136DB-01U00, U2300, and 15136CA01700 ___Service Provider Letter, CWS File No.°06-U018S2 .. _._______ , . ._ Ciean Water Services has reviewed your proposai for the above referenced activity on your site. Staff has conducted a pre-screen review and requested completion of a "Sensitive Areas Certification Forrn. Following review of su'bmitted materiafs it appears that 'Sensitive Areas do not exist an-site or within 200' from your project. ln light:of this result, fMiis document wi11 serve :as your � Service Provider letter as required by Resofu6on and Order Q4-.S;��ectio�;.�..02:.1. � AI( required permits and approva}s must be obtained and completed'under applieable local, state, and federal law: This concurrence letter does NOT efiminate the need to pratect Sensitiue Areas if „_,_ �� tfiey are sub��quer�tly identified �n your site: �--� � - ,-• - � . - •:"`:�� If you have any questions, please feel free to call me at 503-s81-3613. S in cerely, � -- _ r�^ �`.��,V,�' ����'"'-� j��"�"�-,� . ' � t.�% - _ ^ .. �- . � Julie Wirth Y��`� "�'.:K�,`- - :.,;:.- . . Environmental Plan Review � ' i � E:1Developmcnt Svcs1SP 00.71SPR Leteers\1S136DB-OIOUO,2300,lS136CA01700No 5A SPL D8-Ol-O6(06-001852).doc 2550 SW Hillsboro Highway•Hiltsboro,Oregon 97123 . • Phone: (503)681•3600•Fax:(503)681-3603 •www.CleanWater5ervices.org � � C�le�1�lW�te� Se�-vic�s �1ur connnitrncnl is cicar, CWSFileNumber Sensitive Area Pre-Screening 5ite Assessment Jurisdiction: Citv of Tiqard Property Information: (example 1S234A801400) Owner Information: Taxlot ID(s): 1 S1-36QB Lot 2300 Name:The Dalton Company Company: Address: 7955 SW Hall Blvd Site Address: 11030 SW 74th Avenue-Tigard Beaverton, OR 97008 Phone/Fax: 503-626-8483 � Nearest Cross Street: SW 74th Ave & SW Spruce St E-mail: Development Activity: Check all that apply Applicant Information: Addition to Single Family Residence (rooms, deck,garage) ❑ Name: Jeff Caines Lot Line Adjustment ❑ Minor Land Partition � Company: SR Design LLC Residential Condominium ❑ Commercial Condominium ❑ Address: $196 SW Hall Bivd. Ste.232 Residential Subdivision ❑ Commercial Subdivision ❑ Beaverton, OR 97008 Single Lot Commercial ❑ Multi Lot Commercial ❑ phone/Fax: 503-469-1213 �503-469-8553 Other Design Review and add additional parking to effc srdlfc.com the northern portion of the lot. E-mail:l @ Will the project involve any off-site work: YES❑ NO ✓� Unknown ❑ Location and description of off-site work: Additional comments or information that may be needed to understand your project: The development is a two parcel partition This application does NOT replace the need for Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. 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. I certify that I am familiar with the infortnation contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. PrintlType Name: �efF Caines, AICP Print/Type Title: Land Use Planner Signature: ,�,/,��Cy-� —'� r c7 Date: S f l Cr?' FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of 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. ❑ 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 letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicabie local,State, and federal law. ❑ 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 does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter 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. ❑ This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9195 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewed By: Date: 2550 SW Hillsboro Highway.Hillsboro,Oregon 97123 PhonE: (503)681-5100•Fax: (503)681-4439•www.cleanwaterservices.ore ReviaeC:Mey E,2007 HA LSTEA✓ �7 "Specralists in the Care and Preservation of Trees" ARBORiCULTURE CONSULTANTS �; www.halsteadsarbor.com May 28, 2008 P.O.Box 1182•Tualatin,OR 97062 ♦ (503)245-1383 � , The LF Dalton Gang, LLC Attn: Mr. Len Dalton 7955 SW Hall Boulevard . Beaverton, OR 97008 � � TEL: (503) 209-8869 Reference: Tree Assessment for Construction Development Project � Location: White Oak Village Partition � 11030 SW 74"' Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report With your approval on May 16"', 2008, I inspected the trees and existing conditions , site plan for the proposed construction development project White Oak Village � � " Partition located at 11030 SW 74�'Avenue, Tigard, Oregon. ~ The purpose of this inspection was to evaluate the preservation potential of all trees „ . having a trunk diameter of finrelve inches and larger measured at fifty-four inches � above ground level that could potentially be affected by construction. This study was completed in accordance with the City of Tigard's Development Code— Chapter 18, �� ` Section 790, and the new Directors Interpretation dated February 26, 2008, which -, i describe pertormance requirements and plan review, tree preservation and removal criteria, tree mitigation and replacement measures, and tree protection for the � E� maximum amount of existing, viable trees (i.e. healthy and sustainable individuals or � stands) as a condition for land development construction. "� TREE ASSESSMENT tsd.. 4 I have individually inspected, tagged, and numbered all trees measuring six inches in � trunk diameter and larger on-site (as required per ordinance), in this report, and on 4�, {� the included Tree Assessment Site Plan using R47001 through R47018 series tags for easy identification. I have also inspected all trees on neighboring properties that could be impacted from the construction and ident�ed those trees using the letter "N"followed by the numbers 1 th�ough 10. For the purposes of this report, only the � last two digits of the tags for on-site trees and numbers 1 through 10 for neighboring trees will be used to reference and identify the evaluated trees. � The first numbered tree is located in the southeast corner of the project and ' numbering continues in sequential order toward the no�th, then to the west, moving � in a counter-clockwise pattern around the site. The last tree is located near the !' southeast corner of the project. `� For each tree, I have included an "Individuaf Tree Assessment Sheet" field report that will explain in detail the species, tree measurements, and health and structural conditions. CCB# 0068646 Keep America Green-Printed on Recycled Paper Page 2 May 28, 2008 Reference: Tree Assessment for Construction Development Project Location: White Oak Village Partition 11030 SW 74�'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report Tree inspection criteria included: tree species and tree measurements, canopy structure and development, storm damage, insect and disease problems, overall structural integrity and tree health, root crown and root system development, wind throw potential, and construction trauma resistance. In addition, the tree trunk diameters were also measured at ground level (DGL) in order to provide a more accurate reflection of tree trunk sizes where construction excavation occurs. INSPECTION RESULTS I have identified twenty-eight (28)total trees both on-site and on adjacent neighboring properties in accordance with the City of Tigard's Development Code. -Four(4) of the total trees are located on-site within project boundaries and have trunk diameters of six inches and larger, but less than twelve inches in diameter measured at 54 inches above ground. These trees are identified as existin trees not requirinq mitiqation and can be exempt from mitigation calculations (if desired) within the Tree Plan Requirement, Chapter 18, Section 790.030. -Fourteen (14) of the total trees are located on-site within project boundaries and have trunk diameters of twelve inches and larger. -All fourteen (14) of these trees are identified as viable trees and are recommended for preservation, provided they receive professional pruning and therapeutic care before, during, and after project construction activities. All of these trees are relatively healthy and structuralty stable. -The remaining ten (10) trees identified within this report are located on adjacent neighboring properties and will need to be protected from construction damage throughout the entire development project. Tree protection fencing will need to be installed as outlined in the Tree Care and Preservation Guidelines. Existing Trees Not Requiring Mitigation: All of the fotlowing trees (located on-site within project boundaries) have trunk diameters of six inches and larger, but less than twelve inches in diameter measured at 54 inches above ground. These trees are required to be identified within the Tree Preservation Plan, but are not required to be part of the mitigation per city ordinance. Existinq trees not requirinq mitiqation are listed as follows: Tree Numbers: 01, 06, 13 and 14. Page 3 May 28, 2008 Reference: Tree Assessment for Construction Development Project Location: White Oak Viilage Partition 11030 SW 74�'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report Viable Trees z 12" Trunk Diameter: All of the following trees (located on-site within project boundaries) have trunk diameters of finrelve inches and larger and are listed as viable trees recommended for preservation. These trees are relatively healthy and structurally stable. All of these trees have the ability to survive construction trauma provided their root zones are protected and they receive professional pruning and therapeutic care before, during, and after all construction project activities have been completed. Viable trees located on-site within proiect boundaries are listed as follows: Tree Numbers: 02, 03, 04, 05, 07, 08, 09, 10, 11, 12, 15, 16, 17 and 18. It is my recommendation that all fourteen (14) of these trees be protected under the attached Tree Care and Preservation guidelines. Neighboring Trees on Adjacent Properties: All of the following trees (located off-site) having root zones that encroach within project boundaries will need to be protected during the entire project. Tree protection fencing will need to be installed as outlined in the attached Tree Care and Preservation guidelines. Neiphborinq trees located on adiacent proqerties are listed as follows: Tree Numbers: N1, N2, N3, N4, N5, N6, N7, N8, N9 and N10. Sincerely, Philip C. Hickey, BS Project Consulting Arborist ISA Board Cerffied MasterArfiorisf PN-16046 ISA Member/ ISA-PNW Member ASCA Member Page 4 May 28, 2008 Reference: Tree Assessment for Construction Development Project Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report TREE CARE AND PRESERVATION Meetings: Before any construction activities begin, a pre-construction tree presenration conference wilf be held on site with the general contractor in charge of project, the Project Consultinq Arborist and all officia! representatives who have interest in the trees. Purpose: The purpose of the on site meeting will be to introduce all parties involved to the spec�cations and sensitivity needed in the protection of the preserved trees, their environment, and their root zone areas. PreparationlTree Protection Fencing: Before�construction or excavation work begins on-site, it is vital that a Tree Protection Zone be created to protect and safeguard the root systems of all preserved trees. The Tree Protection Zone (TPZ) is established by having the Proiect Consultinq Arborist install tree protection fencing around the critical root zones of all preserved trees. The tree protection fencing will help to ensure that the tree root systems are not accidentally compacted or damaged from construction personnel, equipment and machinery. The type of fencing required must be five (5) or six(6)foot tall, galvanized steel chain-link fencing securely anchored to the ground using two (2) inch diameter galvanized steel posts, driven into the ground to a depth of at least finro (2) feet, and spaced every six (6) to eight (8)feet on center forming a protective line around the preserved trees. Fencing needs to be installed around the perimeter of the critical root zone, which is generally understood as the canopy dripline of the preserved trees. Once the approved location of the fence has been established, it cannot be adjusted, moved, or removed without the consent and supervision of the Proiect Consultinq Arborist. Tree Removals: Those trees that are structurally unsound, unhealthy, or removed within the preservation areas, will need to be removed under the direct supervision of the Proiect Consuttinq Arborist. Page 5 May 28, 2008 Reference: Tree Assessment for Construction Development Project L�cation: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report Tree removal will be done in such a way so as not to damage the preserved trees and their root zones. Removal of these trees may require climbing the trees and taking them down in small pieces. Stumps from removed trees, which are less than fifteen (15) feet from a preserved tree, will need to be ground-out using a stump grinder. Construction Activities Within the Tree Protectfon Zone: Before any construction work is completed within the established Tree Protection Zone, the Proiect Consultinq Arborist is required to submit to the City Forester, a proposal detailing the needed construction activities and likely impacts to the preserved trees. The City Forester shall then review the proposal and if approved as described, the work can proceed as planned. The City Forester may also require changes to described work prior to the approval of the submitted proposal. Once the work is approved, the Proiect Consulting Arborist is required to be present on site whi�e the work is occurring within the Tree Protection Zone. Once the construction activities have been completed, the Prolect Consultinq Arborist is required to submit a summary report certifying that the work occurred per the proposal and the work did not significantly impact the health or structural stability of the preserved trees. Root Pruning: Excavation when using backhoe, trackhoe, or other mechanical device will be completed outside of the Tree Protection Zone and will be completed facing the tree (perpendicular to the roots) rather than along side of the tree (across the roots). Furthermore, before excavation begins, "Air Spade" bridging and tunneling will be considered, especially if tree roots are found to be in excess of 2 inches in diameter. Therapeutic Care: Therapeutic care is described as those treatments that are needed to increase the preserved trees chances for survival. Treatments can include watering, therapeutic fertilization, soil aeration, mulching, and soil pH adjustments in order to provide the highest level of care from construction trauma. Treatments are based on individual tree needs, their root zones, and structural conditions and heafth. Factors will be taken into consideration, such as the tree species, soil composition and compaction, season in which construction is done, percentage of root zone affected by construction, losses of surrounding native plantings and changes in surface and sub-surface water. Page 6 May 28, 2008 Reference: Tree Assessment for Construction Development Project Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Report ASSUMPTIONS & LIMITING CONDITIONS 1. Any legal description provided to the consultant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is evaluated as though free and clear, under responsible ownership and competent management. 2. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant can neither guarantee nor be responsible for the accuracy of informaiion provided by others, especially regarding property line determinations and project boundaries. 3. The consultant shall not be required to give testimony or attend cou�t by reason of this report unless subsequent cantractual arrangements are made, including payment of an additional fee for such services. 4. Loss or alteration of any part of this report invalidates the entire report. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant. 6. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the consultant; particularly as to value conclusions, identity of the consultant, or any reference to any professional society or institute or to any initialed designation conferred upon the consultant as stated in his qualifications. 7. This report and values expressed herein represent the opinion of the consultant, and the consultant's fee is in no way contingent upon the repo�ting of a specified value, a stipulated results, the occurrence of a subsequent event, nor upon any finding to be reported. 8. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 9. Unless expressed otherwise; (1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and (2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or conng. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or prope�ty in question may not arise in the future. Page 7 May 28, 2008 Reference: Tree Assessment for Construction Development Project Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Tree Assessment Repo�t CERTIFICATION OF PERFORMANCE I, Phi►ip C. Hickey, certify: • I have personally inspected the trees and property referred to in this report and have stated my findings accurately. The extent of the evaluation is stated in the attached report. • I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. • The analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices. • No one provided significant professional assistance to me, except as indicated within the report. • My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events. I further certify that I am a member in good standing of the International Society of Arboricutture and the American Society of Consulting Arborists. I have been involved in the field of Arboriculture and the care and study of trees for a period of more than 13 years. Signed.� � Date: '� �'.y ��� , --�.1,r t"„�°'�°��°�,, tY` .-4. ;��' ! ..----�.,� �� � c`,' � r,� � `�='�„ > �`"� ' c �`� �����;� Philip C. Hickey ��}` '`�R� � t �., c : `"`€�~ ; r ^T Project Consulting Arborist -' �� ���.�.�- j Halstead's Arbonculture Consultants, Inc. f� rh'-'��'�``�'��° ����``---_�-��'� � Individual Tree Characteristics Form Project White Oak Partition — 11030 SW 74�' Avenue, Tigard Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number 01 Common Name spruce Preservation Not-Recommended DGL 1 FT DBH 6 IN Height 25 FT Canopy Spread 15 FT RATING: Health 40 % Structure 30 % (0-40% Haz Tree 1 50-70% Requires Pro. Care) Comments: Top of tree has dogleg defect at 15ft. Only live growth is on NW side of canopy. Very unbalanced canopy and very poor structure. Severe storm damage/deadwood. ----------------------------------------------------------------------------------------------------------------------•------ Tree Number 02 Common Name Douglas-fir Preservation Recommended DGL 3 FT DBH 26 IN Height 80 FT Canopy Spread 25 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Limited canopy growth on north side of trunk due to close proximity of adjoining trees. Tree needs pruning to correct moderate storm damage and remove deadwood. Must be preserved as a group. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 03 Common Name Douplas-fir Preservation Recommended DGL 1 1/2 FT DBH 13 IN Height 60 FT Canopy Spread 20 F"T RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Limited canopy growth on north and south side of canopy due to close proximity of adjoining trees. Tree needs pruning to correct moderate storm damage and remove deadwood. Must be preserved as a group. ---------------------------------------------------------------------------------------------------------------------------- Tree Number 04 Common Name_ Douglas-fir_ Preservation Recommended DGL 2 FT DBH 16 IN Height 70 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree/ 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. Ir�ciividual Tree Characteristics Form Project White Oak Partition — 11030 SW 74"'Avenue, Ti acLrd! Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number OS Common Name Douqlas-fir Preservation Recommended � DGL 2 1/2 FT DBH 18 IN Height 60 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Similar to tree #03, but has a severe bark inclusion between codominant stems. To preserve, tree requires multiple cable support systems installed within canopy to reduce hazardous defect to an acceptable limit. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 06 Common Name Douqlas-fir Preservation Recommended DGL 1 FT DBH 8 IN Height 40 FT Canopy Spread 15 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 07 Common Name Douqlas-fir Preservation Recommended DGL 1 1/2 FT DBH 13 IN Height 60 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree/ 50-70% Requires Pro. Care) Comments: Same as#03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- T�ee Number 08 Common Name Douglas-fir Preservation Recommended DGL 3 FT DBH 22 IN Height 80 FT Canopy Spread 25 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as#03, requires pruning. Individual Tree Characteristics Form Project White Oak Partition — 11030 SW 74"' Avenue, Tiqard Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number 09 Common Name Douqlas-fir Preservation Recommended DGL 1 1/2 FT DBH 13 IN Height 60 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 10 Common Name Douglas-fir Preservation Recommended DGL 2 FT DBH 16 IN Height 70 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as#03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 11 Common Name Douglas-fir Preservation Recommended DGL 2 1/2 FT DBH 18 lN Height 70 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- T�ee Number 12 Common Name DouQlas-fir Preservation Recommended DGL 2 1/2 FT DBH 21 IN Height 80 FT Canopy Spread 25 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. Individual Tree Characteristics Form Project White Oak Partition — 11030 SW 74�'Avenue, Tiqard Inspection Date 5/16/OS ----------------------------------------------------------------------------------------------------------------------------- Tree Number 13 Common Name Dou lac� s-fir Preservation Recommended DGL 1 FT DBH 11 IN Height 40 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 14 Common Name Douqlas-fir Preservation Not-Recommended DGL 1/2 FT DBH 6 IN Height 30 FT Canopy Spread 15 FT RATING: Health 30 % Structure 40 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Very poor health and structure. Growing suppressed from adjoining trees. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 15 Common Name Douglas-fir Preservation Recommended DGL 1 1/2 FT DBH 15 IN Height 70 FT Canopy Spread 20 FT RATING: Health 50 °� Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 16 Common Name Douqlas-fir Preservation Recommended DGL 1 1/2 FT DBH 16 IN Height 70 FT Canopy Spread 20 FT RATING: Health 50 °!o Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as#03, requires pruning. individual Tree Characteristics Form Project White Oak Partition — 11030 SW 74�' Avenue, TiQard Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number 17 Common Name Douplas-fir Preservation Recommended DGL 1 1/2 FT DBH 13 IN Height 60 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Same as #03, requires pruning. ----------------------------------------------------------------------------------------------------------------------------- Tree Number 18 Common Name Douqlas-fir Preservation Recommended DGL 2 FT DBH 22 IN Height 80 FT Canopy Spread 25 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree/ 50-70% Requires Pro. Care) Comments: Limited canopy growth on south side of trunk due to close proximity of adjoining trees. Tree needs pruning to correct moderate storm damage and remove deadwood. Must be preserved as a group. ----------------------------------------------------------------------------------------------------------------------------- Tree Number N1 Common Name_ spruce_, Preservation Adioinin4 Site Tree DGL 2 FT DBH 15 IN Height 50 FT Canopy Spread 20 FT RATING: Health 70 % Structure 30 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Multiple codominant stems at 20 feet and 40 feet with very severe bark inclusions. ----------------------------------------------------------------------------------------------------------------------------- Tree Number N2 Common Name sqruce Preservation_Adjoininq Site Tree DGL 1 FT DBH 8 IN Height 40 FT Canopy Spread 20 FT RATING: Health 70 % Structure 60 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Minor structural defects Ir�aividual Tree Characteristics Form Project White Oak Partition — 11030 SW 74"' Avenue, Ti.arc�d! Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number N3 Common Name spruce Preservation Adjoininq Site Tree DGL 2 FT DBH 16 IN Height 50 FT Canopy Spread 20 FT RATING: Health 60 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Minor structural defects ----------------------------------------------------------------------------------------------------------------------------- Tree Number N4 Common Name scotch qine Preservation Adjoininq Site Tree DGL 2 1/2 FT DBH 17 IN Height 35 FT Canopy Spread 20 FT RATING: Health 60 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Minor structural defects ----------------------------------------------------------------------------------------------------------------------------- Tree Number N5 Common Name_ scotch pine _ Preservation Adjoininq Site Tree DGL 2 FT DBH 13 IN Height 30 FT Canopy Spread 20 FT RATING: Health 50 % Structure 40 % (0-40% Ha2 Tree / 50-70% Requires Pro. Care) Comments: Lean to south 25 degrees -----------------------------------------------•----------------------------------------------------------------------------- Tree Number N6 Common Name shore pine Preservation Adioininq Site Tree DGL 1 FT DBH 7 IN Height 25 FT Canopy Spread 15 FT RATING: Health 60 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Minor structural defects I,...ividual Tree Characteristics rorm Project White Oak Partition — 11030 SW 74�' Avenue, TiQard Inspection Date 5/16/08 ----------------------------------------------------------------------------------------------------------------------------- Tree Number N7 Common Name scotch pine Preservation Adjoininq Site Tree DGL 2 1/2 FT DBH 17 IN Height 40 FT Canopy Spread 25 FT RATING: Health 60 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care} Comments: Lean to south 10 degrees ----------------------------------------------------------------------------------------------------------------------------- Tree Number N8 Common Name_shore pine_ Preservation Adioining Site Tree DGL 1 FT DBH 7 IN Height 25 FT Canopy Spread 15 FT RATING: Health 60 % Structure 50 % (0-40% Haz Tree ! 50-70% Requires Pro. Care) Comments: Minor structural defects ----------------------------------------------------------------------------------------------------------------------------- Tree Number N9 Common Name_shore pine_ Preservation Adioininq Site Tree DGL 1 FT DBH 9 IN Height 30 FT Canopy Spread 20 FT RATING: Health 50 % Structure 50 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Lean to north 10 degrees ----------------------------------------------------------------------------------------------------------------------------- Tree Number N10 Common Name scotch pine Preservation Adioining Site Tree DGL 1 FT DBH 12 IN Height 30 FT Canopy Spread 15 FT RATING: Health 20 % Structure 40 % (0-40% Haz Tree / 50-70% Requires Pro. Care) Comments: Very poor health and structure. In decline. i , , r , tLl[0 PI1�OOrt � ! "' ' TREE ASSESSMENT .. � .�/ E t'J'N=:J�.�1 ; � � � �� ,� SITE PLAN i r�. � � � � j�i TL 1t000 ,' � i � Conditions as of N - � ��- May 16, 2008 .p.. .:;v,....���.. . .� - ----- _ -- --------- I �•�w -- - --- _ _ _ ��� ,�a'a-r in.p.ocwn comp.c.a by � i - . �.��� AEF�n-tb' Md�twE'�ArDalqrltur�Cansultmta. Inc. �[E�s- � � � -. `E �� I �. `SI�I dMN UTAA ' � . - Q O�c7EUau Trw/-091(FM�w) T1lE�17-1Y � ; r------- � j ; �¢µ-�r . J �E~,°--�Tn..-°°K.,°�-, � \ �_ . SINGRI' WERJIL �� ��1�116'� , \ ' .. , aMr r�ow�b � a�o.rp wr r��oo� 1fF/11-P � � - ,, o.'�w r�wr�r.�ow�►v arr�uc / l �. N� �Ay _ /.. �Y��Da#E N1R IE1E11 `, �F�n. � I I � I (� ���_�r � ; � I ` E'XISTING BUILDING I �� i . �smr ww umu� TO BE RE)AOVED � I . � � / � .��o-K �� � � ,��,r � i ---- % - / � ��� , I - - - nEC rm-ir \ i I __. . I aet p-r ` I — _-� J ��� � t n noao �. � . _ - n�a�w-+r � ; ) �B P}�.T wFF MhIY ��� 1FE�-Y � . .¢ r .�'n-Tr �/w-r ae[w-�' �[[M�a�r ` � ae �rc Im�- , . . - ' 7EF 111o�EC1o�N�OIa _. n i�s�s ����.�, �-Qz A p � �� � � , , - , � ,�I , , � ' � __ � � , � ' " � ' ' ii':� $ , � `I ; � • � _ ' '�,� � ,`J W � /.� PN-78048 �� o � I � � ( a "°�%j'• G�� I 1a� � � � � o '� �:. � � i a��t�� i � � :� I i � � f {�y I � � � �wb ` � � y 6ARRICADE SET 2'OFF P/L �� ¢� -- - -- -----� ��P � � I � 15'1MDE a21VEWAY i Q4wJ� _ � Q SS lAT � _X X X r-�_ y `.... 3 I - — - x _ X _�' �� ~ f M - y� � r PROP. TREE--� � � ., . , !� '. 2l}' ACCESS/ � � 2Q� PROIECTIOM ,•,� �•�a„ » r�� UTIL ESIAT. I FEN NG110N FENCING `,+ fn � � � A SIREET ,� ` ��_�`-j—_— ----- _ _- �-- _ _ r... � S a�� , 3 �,.. , /' r �_ __ a , n. �w�o�+ a�nHC� 1 �,:r, � �� � , /� �U� IJNE I ��,i—� � ' � ��k : � / I � � WATER I I � � 6�4- �o MEiER � � I r • I � / �i i � / � � � . / _ —�� sn u�T I I � � I � wa� LOT 2 �) � � ,. � u� .= � L 0 T 1 I � I a.soo sF f `°� � � 8.780 SF t 1 I I '�, � � 1 71 J fO130 �p. 10' I I o . � � i 5�-- 7� ��U°�.�lE � J �---� P��--� , h ; :� PROlEC110N � s. I - - --FOOTPRINi . I ? ' I � � ' FENCNJG � — — !'' I {TYP) � � r�r`, �, - — _ TREE TO ,,, � i ' / 15' 8E RfA10VE� ' k i, ' 6 » ---�-----x x— x —x�. _ �� Y � ' . , � dR .�ro ' eraaa�,.mr I e�am�� omo. I fQi tR[ uvour � �� . ' I sQ,�a.�ae I + ; C2 PRELIMINARY SIGHT DISTANCE CERTIFICATION May 29, 2008 City of Tigard CD - Development Engineering 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Fax: 503-624-0752 http://vwvw.tiqard-or.qov Attn: Kim McMillan, P.E. RE: White Oak Partition— SW 74`h Avenue The access for this proposal is located along the the eastern portion of the eyebrow corner that is being constructed with both parcels taking access to SW 74th Avenue via a singular driveway. The speed limit along SW 74�h Avenue is 25 M.P.H., based upon the street classification of a local street, requiring 250 feet of sight distance, in accord with Code Section 501-8.5.F. As required by Code Sections 501-8.5.F (2), sight distance from the access point to SW 74tn Avenue was measured to be in excess of 250 feet to the north of the access in one direction. The sight distance to the west (Street"A" in the White Oak PD) is not full constructed; however the location of the driveway it directly in front of Street"A", where drivers will take access to the street system and will be able to see to the end of the street. These measurements were based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the near edge of pavement to the front of a stopped vehicle. Therefore, the driveway location /placement will achieve maximum possible sight distance without modificatin.�._ �`�_ Design LC �- ! .� Steve Roper, PE � . `b�" r � �.d���6'f'.�,�: PRE-APPLICATION � � ������� = �� CONFERENCE REQUEST City of Ti�ard Permit Center 13125 SIk'Hall Blvd., Ti�ard, OR 97223 � � � Phone: 503.639.4171 Fax:503.598.1960 GENERAI.INFORMATION Applicant:�eff Caines, AICP-SR Design LLC FOR STAFF USE ONLY 1lddress:8196 SW Hall Blvd. #232 Phone:503-469-1213 Beaverton, OR 97008 Case No.: r� ���� �v`�� City: Zip: Jeff Caines, AICP 503-469-1213 Receipt No.: ����� �� Contact Person: Phone: rlpplication ticcepted By: 5 T(Fi�� Property Owner/Deed Holder(s): White Oak Village, LLC Date: 5 r�"��� DATE OF PRE-APP.: J�'S�1OY 7955 SW Hall Blvd LV Address: Phone: TIME OF PRE-APP.:_ �� �� Beaverton, OR 97008 City: Zip: PRE-APP.HELD WITH: 11030 SW 74th Avenue Rev.7/1/07 PYOP2fCy A(iC1iCSS�I..00IUOII�S�: i:\cucpin\masters�land use applications\Pre-App Request App.doc REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): 1 S1-36D6 lOt 2300 (Note: applicarions will not be accepted R-4.5 (PUD) without the required submittal elements) Zoning: � Pre-Application Conf.Request Form .44 acres(19,253 sf) Site Size: S�OPIES EACH OF THE FOLLOWING: � BrieE Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the r1ll of the information identified on this form are required to be submitted by meeting. the applicant and received by the Planning Division a tni�riimum of one (11 � Site Plan. The site plan must show the week prior to officially scheduling a pre-application conference date/time to proposed lots and/or building layouts drawn allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest r1 pre-application conference can usually be scheduled within 1-2 weeks of the streets;and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursda� subject property and across the street. morni�s. Pre-application conferences are one ,11 hour long and are rypically � ��icinity Map. held between the hours of 9:00-11:00 r1M. � The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN � Topographic Information. Include Contour PERSON AT THE COMMiJNITY DEVELOPMENT COLJNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS Ct1N BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.798.080 of the Tigard Community Development Code). � Filing Fee$370.00 May 2, 2008 Request for Pre-Application Meeting TW� PARCEL PARTITION Map # 1S1-36DB Lot 2300 City of Tigard, Oregon AGENT: SR Design LLc Contact: Jeff Caines, AICP 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 Office (503) 469-1213 Fax (503) 469-8553 APPLICANT: White Oak Village LLC 7955 SW Hall Blvd Beaverton, OR 97008 REQUEST FOR PRE-APPLICATION CONFERENCE Project Name: White Oak Partition Address: 11030 SW 74� Avenue Legal: Map # 1S1-36DB Lot 2300 Area: Approximately .44 acres (19,253 sf) Current Zoning: R-4.5 (7,500 sf) Request: Two Parcel Partition PROJECT SUMMARY The Applicant is requesting a Pre-Application meeting with City of Tigard staff to review the possibility of a two parcel partition on the property listed above. The use of the site would be single- family, detached residential. The applicant is proposing to partition the one lot into two legal lots of record. The size of each lot will conform to the appropriate zoning designation and setbacks. A public street (eyebrow corner) is already constructed due to the subdivision to the west. The property for which this partition is requested would like to construct up to two driveways fronting the eyebrow corner in order to have separate driveways for each dwelling unit. There is an existing dwelling unit that will be removed in order for this project to develop. The current dwelling unit is served by public utilities and the proposed dwelling will be served by pubic utilities. Questions 1. How many driveways can be constructed off of the eyebrow corner? 2. If an access easement was to be used to give access to Parcel2, how wide would an access easement need to be? Would I need to take the easement area out of the lot requirement from Parcell? 3. There is only one tree that would need to be removed due to the development. Meaning that it is located in the building envelope. The trees to the east are not scheduled for � removal. The project does not expect to pay for mitigation since only one tree over 12 inches will be removed. Would an arborist report be required? Map Output Page 1 of 1 y� 11030 SW 74th Ave � i �� ,� Legend t �? [ aa war L_____, 3 ,.. �° � �,.W3.e aBCN"S �' reeikvays ' _ _ _ 1 P6eepi9a9 tL, ,� ���*, M, �d9Mary IL � � . u� ,�,» +,,, r i , �,�rye C _' tr _ ,h«a streets _ �� I ., Streams Boundary wth z ' "' gp m.', Stream shading parks rYw ( 2006 aerial p#i�6u , , 'II. ) ' .1 ;....- _______r_ .., .,....„ ,,,,,,,,.... 1'411 - *` erg S Vi'_. .rt ' "y.4... , - � r„ V g yamt z, w� ,, + P ` r _;� ,fir _ p I} 1 I Cramer ML"'”' I t !@tlfl.3 d3CYUw a Cent* N16U°IA — 1' aP.w,vw.arx�tro-regwrt..we�,'etsrc 4 � http://mica.metro-region.org/servlet/com.esri.esrimap.Esrimap?ServiceName=metromap plan&ClientVersion=4.0&Form=True... 5/2/2008 Map Output Page 1 of 1 - � 11030 SW 74th Ave , � � r ;/, , � L� end �.�_y-r/-----� �-!�f ; � :� � � ��`���~ � � -r � �- = 'r . 1 •.., Pla[es --,� � .— -- :,__ .,�.__; , } , ^ • �` ,�� �� � � i 4.---- -- �i � �- Ci[y 1pa11 � — h — ;f ' � rf ' ``1' ---------- ---- — ?� !fire 5uuon -_ _� �—, -_, .�(a I � . ( i � -- Ir�— —'1 __ L I ---! -------I—_( ���� ��_. + afoapilal � � I � � � O �? ,� 7.dbravy C� �, -- f-- � � j i �t-n � . Sclrord i /Jr-� =l ' i �/� 'f �` .�' '�- �� I -- � � /�I F�CCW:1]r5 ... i ( - --� I i---'--- + C�'� � �-�—; — � � � I f � $til'CL5 t J - -5---- - -- —�L�=�� � ! i _ Taxlots � �_� � 'k � 5treams ,�• , � , — � J Contaurs �� �. Lfrban Growth � �1---- -- I �� 1� euvndary � --------�-� � � � �` '' � Strcam shading � � '� �-r � , __ ' -.,� F*arks � � � ___,_- � 5 � + � � � � '�.\ �� ' �`� �` � � �.. ��, j -- -� — �.- , � , �° r–� �__ __ ' . , ; -� - -�� � - �,� -_ :, �-,, - � ��� � � ' �� _ �� � ���� � ���� -- - � -- �. - � , - �� .� __ ; '��A --, ' _ -~�`—�, �"��_ � � � .; �, Q � `�~- - ,� -- ; i � 1-- � I� ``�'r �'`- '�` �___ j � ( i:-� ��� �L � , ` I r� '� i J. i � I �..r4��4� � ��� ' ��f� �_, i \ ' ,^Y.� _. . ��� r �� ti �_r��, '':_ "_ Cr:�tecl M'Uetra Qata Resourcc Cemei s�Ic�rn���p,�ti.�•N.mNra-reg'v�n.eryld�c �"r~ 0 199ft��y� http://mica.metro-region.org/servlet/com.esri.esrimap.Esrimap?ServiceName=metromap�lan&ClientVersion=4.0&Form=True... 5/2/2008 � w s � � � � � � � � . N N .--� V� � p N z C/� O O �j 0� � 169.20' (25) �-. � T �i L.{' � � N N �/ / � o o � ; yo � � � � � 179.20' (179.2') 79' S 88°52'25" E 20.60' (3)(11)(14) ACCESS EASEMENT � 10,189 SF �,500 SF �O� �^``' o D� 0 0o OU•o0 0 � ° � � �L T v � 117' 75' � � � N 192.31 ' (192.00') � � FND, 5/8" I.R./Y.P.i �n "PELSER PLS 280� o � (4), FND. 31/4" I.P, I o � N 79 28 55 W 0.7� 0 0 o �, � T �i � � � T O �i �� � O T �1^ u�}J V �/ V N 88°52'25" W 119.98' �! (120.00') (4)(8) � � � � _ r Th u rsday April 2008 May 2008 June 2008 O� 1 2 3 4 1 2 2 3 4 5 6 7 8 9 10 11 5 6 7 8 9 9 10 11 12 13 14 15 16 17 18 12 13 14 15 16 16 17 18 19 20 21 22 23 24 25 19 20 21 22 23 23 24 25 26 27 M a y 2 0 0 8 28 29 30 26 27 28 29 30 30 . d_ -� Day 129,237 Left Week 19 Appointments 8 00 30 9 00 Pre-App Jeff Caines 503-469-1213 11030 SW 74th Ave 2 lot MLP I Conf. Rm#1 30 10°° 30 11 °° 30 12�� PM so � o0 30 2 00 30 3 �� 30 4 �� 30 5 �� 30 519/9h(1A 19�7Q P�A 1/1 Nohainrk Coniircc ` :� �_� PRE-APPLICATION CONFEREHCE NOTES s ' ➢ EHGINEERIHG SECTION \ CRy�filgard,Oregen �'ommunity�DeveCopment 5�ia � A�BetterCommun' PUBLIC FACILITIES Tax Map[sl: 1S136DB Tax lot[sl: 2300 Use Tme: MLP 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. RiAht-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 74th Avenue to ???' feet to provide for cul-de-sac bulb ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW 74�"Avenue, to include: � feet of pavement � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk (curb tight with adjustment to planter strip code) � street trees sized and spaced per TDC � street signs, traffic control devices, streetlights and a finro-year streetlight fee. ❑ Other: CITY OF T16ARD Pre-Applicatlen Co�erence Notes Page 1 ef 6 Ene�nserin9 laouu��nt Sectleo ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a finro-year streetlight fee. CITY OF TI6ARU Pro-Applicatlon Conference Netes Page 2 of 6 Enginaerin!Uepar[menl SecUon ❑ Other: Aqreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) �2.) Overhead Utility Lines: ❑ Section 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. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is iocated in SW 74th Avenue. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to extend the sewer to serve the development. Water Supply: The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water senrice in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: John Dalby, (503) 356-4723] 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 CITY OF TI6ARD Pre-Applicadon Com�rence Not�s Page 3 af 6 E�glaeerlag 9e�artment SecUeo drainage plan for the site, ar �ay be required to prepare a sub �n drainage analysis to ensure that the proposed system will G_..ommodate runoff from upstream p�_,�erties when fully developed. Must connect private, on-site sform sewer to an approved public sysfem. A fee-in-lieu of detention wil! be allowed. 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. � Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. The half-street improvements will be required if ineets the rough proportionality test. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of buildinq permit issuance. In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000.00. Pay the T/F CITY OF TI6ARD Pre-Applicatlon Conference Metes Page 4 ef 6 Engloeering Oepartmeat Sectlon . . PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-re�ated assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer 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 applicani must obtain that permit prior to release of any permits from the Building Diuision. Building 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. CITY OF TI6ARU Pre-Applicatlon Conference Notes Page 5 af 6 Eaglneering Ospartment SecUon , • � . GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20°/o, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: � • 8 •v ENGINEERINC DEPARTME STAFF DATE Phone: [5031639-4171 Fax: [50316240152 document4 Revised: September 2,2003 CITY OF TI6ARD Pr�-Applicatlon Comer�nce Notes Page 6�f 6 Englneering Departmen[Sectlon CITY OF TIGARD ,, PRE-APPLICATION CONFERENCE NOTES ° (Pre-.�lpplication I�leeting Notes are Z'alid for Six (6) i�tonths) � � � 'PRE-APP.MTG.DATE: �tC� � C,c)� , I STAFF AT PRE-APP.: � Z.GY� �-� RESIDENTIAL APPLICANT:White Oak Village, LLC AGENT: Jeff Caines/SR Desiqn Phone: � � - Phone: (503) 469-1213 PROPERTY LOCATION: .�v�ss/c�.NER�.LOC.��o�: 11030 SW 74th Avenue Tl���P�s�/LOT#�s�: 1 S136DB02300 NECESSARYAPPLICATIONS: MLP - Minor Land Partition PROPOSAL DESCRIPTION: To divide one (1) lot into two (2) for new sinqle-family detached homes. Remove existing single-family home. COMPREHENSIVE PLAN MAP DESIGNATION: Low-Density Residential ZONING MAP DESIGNATION: R-4.5 ('PD))�� S� C ir�►v►tic�t.r' ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.510) MINIMUM LOT SIZE: 7,500 sq. ft. r'�verage Min. lot width: 50 ft. Max. building height: 30 ft. Secbacks: Front: 20 ft. Side: 5 ft. Rear: 15 ft. Corner: 15 ft. from street. MA_YIMUM SITE COVERAGE: NA%. Minimum landscaped or natural vegetarion area: NA%. G�ItAGES: 20 ft. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) TIIL 1'�PPLICANT SIIIII.I. NOTIF�' 1'1LL PROPERTY OV6'NERS WITHIN 500 FEET, INTF,K�:STED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. r� minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land lise Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting�our a�lication or the a�lication will not be acce�ted. * NOTE: In otder to also pteliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to sabmittal of a land use applicarion. � NARRATIVE (Refer to Code Chapter 18.390) 'I'he APPLICANT SH�LL SUBMIT A NARRA'I'IVE which provides findings based on the applicable approval srandards. Failure to provide a narrarive 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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residen6al ApplicationlPlanning Division Section � IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) .�s a part of the r1PPLICATION SUBMITTr1L REQUIREMENTS, applicants are required to INCLUDE I1�IPACT STUDY with their submittal package. The impact study shall quanrify 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 unpact, the study shall propose improvements necessary to meet City standards, and to minunize the impact of the development on the public at large, public facilities systems, and affected private property users. In situarions where the Community Development Code requires the dedicarion of real property interests, the applicant shall either specifically concur with thc dcdication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly propornonal to the projected impacts of the development. � ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1. Minimum access width: 15 ft. Minimum pavement width: 10 ft. ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all�'ITACHED HOUSING (except two-family dwellings) and mulu-family developments,each residential dwelling SF IAI.I,BE CONNECTED BY Wr1LKWAY TO THE VEHICUI.AR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. � RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715) -SEE EXAMPLE BELOW. The NET RESIDENTIr�L UNITS r�LLOW'ED on a particular site may be calculated by dividing the net area of the developable land by the micvmum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas 'includin�: ► Land within the 100-year floodplain; ► Slopes exceeding 25%; ► Drainageways;and ► Wedands for the R-1,R-2,R-3.5,R-4.5 and R-7 zoning districts. Public right-of-way dedication: s Single-family allocate 20% of gross acres for public faciliries;or ► Multi-family allocate 15% of gross acres for public faciliries;or ► I f available, the actual public facility square footage can be used for deduction. E�iAMPLE OF RESIDENTIi�L DENSITY Ci'�LCULr,TIONS: (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-wa� 6 534 sc�.ft. (15%) for�ublic right-of-wa�� NET: 34,848 square feet tiET: 37,026 square feet - _O50 minimutn lot areal - ��minimum lot areal = 11.4 Units Per Acre = 12.1 Units Per Acre Note: The Development Code requites that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. Note: Minimum Project Density is 80%of the maximum allowed density. TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.S. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential AppticationlPlanning Division Section � SPECIAL SETBACKS (Refer to Code Section 18J30) ► STREETS: feet from the centerline of ► FI.AG LOT: A TEN (10)-FOOT SIDE Yr1RD SETBACK applies to all primary structures. ► ZERO LOT LINE LOTS: r� minimum of a ten (10)-foot separarion shall be maintained between each dwelling unit or garage. ► MULTI-FANIILY K�:S1ll�;NT1r1L building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTLJRES 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. ��CCESSORY STRL'CTLJRE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (Note: See applicable zoning district for the primary structures' setback requirements.) � FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) IVI��XIMUM HEIGHT OF 1'/z STORIES or 25 feet,whichever is less in most zones;2Yz 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. � BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVI�CY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPr�CTS between adjacent developments,especially between different land uses,the CITY REQLTIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mucture 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 � be occupied by vegetarion, fences, utiliries, and walkways. r�dditional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMr�TED REOUIRED BUFFERS a�licable to your�roposal area is: Buffer Level N/A along north boundary. Buffer Level N/A along east boundary. Buffer Level N/A along north boundary. Buffer Level N/A along east boundary. IN r1DDITTON, SIGHT OBSCURING SCREENING IS REQ UIRED ALONG: the flag pole, if the paved drivewav is within 10 feet of the neiqborinq lot (see 18.420.050.A.4.fl . � LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) STREET 1REES �RE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PL'BLIC OR PRIVATE S'IREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minunum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturiry. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) '1'REE FOR EVERY SEVEN (7) Pr'�RKING SPAC�S MUST BE PI.�,NTED in and around all parking areas in order to provide a vegetarive canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTr1CT FRr�NCHISE Hr1ULER FOR REVIEV�' r1ND APPROV��L OF SITE SERVICING COMPATIBILITY. Locaring 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential ApplicationlPlanning Division Section � PARKING (Refer to Code Chapters 18.765 & 18.705) ALL Pr1RKING AREAS AND DRIVEWAYS MUST BE PAVED. ► Single-family............Requires: One (1) off-street parking space per dwelling unit;and One (1) space per unit less than 500 square feet. ► Mulriple-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. Mulri-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 r�ND/OR DIMENSIONED AS COMPr1CT SPACES. Parking stalls shall be dimensioned as follows: ► Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. ► Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. ► Handicapped parking: :'�ll parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The trnnimum number of disabled person parktng spaces to be provided,as well as the parking stall dunensions, is mandated by the Americans with Disabiliues Act (ADr�). r� handout is available upon request. r� handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ❑ BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE Rr1CKS are required FOR MULTI-FAMILY, COMMERCIi'1L r'1ND INDUSTRIr'1L 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 REGL"L..�TIONS FOR LANDS �X�'HICH 1�RE POTENTI�'�LLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS �x'ITHIN THE 100-YEAR FLOODPI.AIN, NAT`L,TRAL DR�INAGEWAYS,WETLAND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT,OR ON L?NSTr�BLE GROUND. Staff will attempt to prelinunary identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the res�onsibility to �recisely identify sensitive land areas, and their boundaries, is the res,ponsibilit�of the a,��licant. Areas meeting the definirions of sensitive lands must be clearl� indicated on�lans submitted with the develo�ment a�lication. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPI��NT IS PROF-IIBIT�D V�TTHIN TLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.070.C) VG'hen 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 Secrion 18.775.U80.C. "1'he report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Secrion 18.775.080.C. � CLEAN WATER SERVICES (CWS� BUFFER STANDARDS (Reter co CWS Rs�o 07-2o/USA xeg��uons-Chapcer 3) L.r�ND DEVELOPMENT r1DJr�CENT TO SENSITIVE �REt1S shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR��'IDTH is dependent on the sensirive area. The following table identifies the required widths: (See Table 3.1 on following page) CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential ApplicationlPlanning Division Section TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA' CORRIDOR PER SIDEz ♦ Streams with intermittent tlow draining: <2�°�0 � 10 to <SO acres 15 feet � >50 to <100 acres 25 feet ♦ Eicisting or created wetlands <0.5 acre 25 feet ♦ E�sting or created wedands >0.5 acre <25% 50 feet ♦ Rivers,streams,and springs with year-round flow � Streams with intemuttent flow draining>100 acres ♦ Natural lakes and onds ♦ Streams with intermittent flow drauung: >25% � 10 to <50 acres 30 feet � >50 to <100 acres 50 feet ♦ E�sting or created wedands >25% �'ariable from 50-200 feet. :�leasure in 25- ♦ Rivers,streams,and springs with��ear-round flow foot increments from the starting point to ♦ Streams with intermittent flow drauung>100 acres the top of ravine (break in<25%slope), ♦ Natural lakes and ponds add 35 feet ast the to of ravine3 �Starting point for mcasurcment=cdp,e of the dcfined channcl(banl:fu] flow) for strcamti/m�crs,delineated wcdand bnundan,dclincatcd spring boundan,and/or a�•eragc hi�;h water for lakes or ponds,whiche��er offers�,�reatest resource protcction. Inte:mittent sprin�,located a minimum of 15 fect within the ri�•cr/stream or wetland cegetated corridor,shall not sen�e as a starting point for mcasurement. ZVegetated corridor at-erat;ing or reduction is allowed only when the�•eg,etated comdor is certified to be in a marginal or degraded condition. �'['hc�•cgctateJ eomdor estcnds 35 fect Erom the top of thc ra��inc and sets thc outcr boundan of the�-egctatcd corridor. '1'hc 35 feet rruzy be reduccd to 75 feet,if a stamped �;rotechnical rc�ort confimis slope staMlity shall be maintained w�ith the reduced setback frcxn the top of ra��ine. Restricrions in the Vegetate Corridor: NO structures, development, construcrion acriviries, gardens, lawns, applicarion of chemicals, dumping of any materials of any kind, or other acrivities shall be pemzitted which otherwise detract from the water quality protecrion provided by the ve�etated corridor, exc•ept as pmvided for in the USfI Design and Constrzrction Standards. Location of Vegetated Corridor: IN riNY RESIDEN'IZAL DEVELOPMENT WHICH CREAT'ES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. C�'S Sen�ice Provider Letter: PRIOR "1 O SUBMITTAL of any land use applicarions, the applicant must obtain a CWS Service Provider Letter which will outline the condirions necessary to comply with the C�'S R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a C�'S Senrice Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTr1LLr�TION OF ANY SIGN in the City of Tigard. �� "Guidelines for Sign Pernzits" handout is available upon request. Addirional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternarively,a Sign Code Fxceprion applicauon may be filed for Director's review. � TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A "I'REE PLAN FOR THE PLr�NTING,REMOVAL 1�ND PROTECTION OF"1'REES prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or CUIl(�1LLUI1� use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (r�ddress all items in the Ciry's Tree Plan Requirements Handout). CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 RCSidential Applica6onlPlanning Division Section THE'1'REE PLr�N S�IAI.L II�..L,L DE the following: ► Identification of the location,size,species,and condition of all existing trees greater than 6-inch caliper. ■ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mirigauon must follow the replacement guidelines of Secrion 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of e7cisring trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of exisung trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.OGO.D.; • Retainage of 75% or greater of e�cisting trees over 12 inches in caliper requires no mitigation; ► Idenrificauon of all trees which are proposed to be removed;and ► A protecrion program defining standards and methods that will be used by the applicant to protect trees during and after construcrion. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YFAR PRIOR TO r1 DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. � MITIGATION (Refer to Code Section 18.790.OGO.E.) RI:PLr,CEMENT OF A TREE shall take place according to the following guidelines: ► A replacement tree shall be a substantially similar species considering site characterisrics. ► If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. s If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one uee in accordance with the following fornzula: ♦ The number of replacement trees required shall be determined by di��iding the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city,either public property or, with the consent of the owner,private property. ► The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturiry. IN LIEU OF TREE REPLACEMENT under Subsection D of this secrion, a party may,with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. � CLEAR VISION AREA (Refer to Code Chapter 18.795) The Ciry requires that CLEAR VISION AREr�S BE Mr1INTAINED BE'I�X'LEN 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 sh�w the clear vision areas on the site plan, and idenrify 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: r Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of exisring and proposed future streets from the boundaries of the proposed land ciivision 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 faciliries on or within 500 feet of the site. Where necessary to give access or pemut a sausfactory future division of adjoining land,streets shall be extended to the boundary lines of the tract to be developed. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section � ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0G0) MINIML'1�1 LOT FRONT��GE: 25 fect unless lot is created through the minor land parririon process. Lots created as part of a partition must have a miiumum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SF IALL NOT EXCEED 2'/z TIMES THE AVERr1GE�'IDTH,unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. ❑ BLOCKS (Refer to Code Section 18.810.090) 1'he perimeter of BLOCKS FORMED BY S"I'REETS SI-I��LL NOT EYCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wedands or other bodies of water or,pre-existing development. V�'hen block lengths greater than 330 feet are permitted,pedestrian/bikeways shall be provided through the block. CODE CHAP'I'ERS ❑ 18.330(Conditional Use) ❑ �$.6ZO(Tigard Triangle Desgn Standards) ❑ 18.760(Nonconforming Situations) ❑ 1 H.34O(Directors Interpretation) ❑ 18.630(Washington Square Regiona�Center) � 18,765{off-Street Parking2oading Requirements) � 18.350(P�anned Deve�opment) ❑ 1 H.E4O(Durham quarry Design Standards) ❑ 18.775(Sensi�ve�ands Review) ❑ 18.360(Site Development Review) � 18.705(AccesslEgrasslCirculation) ❑ 18.780(Sgns) ❑ 18.370(varianceslAdjustrnents) ❑ �8.7�O(Accessory Residential Un�s) ❑ 18.785 Remporary Use Permits) ❑ �H.3HO(Zoning Map/T'ext Amendments) � 1 H.715(Densiry Compuhations) � 18.790(7ree Remova�) ❑ 18.385(Misceuaneous Permits) ❑ 'I 8.720(Design Compatibility Standards) � 18.795(Visual Clearance Areas) � 'I$.390(Deasion Making Proceduresllmpact Study) ❑ �5.725(Environmental Performance Standards) ❑ 18.798(Wire�ess Communication Faa�ities) ❑ �8.4�O(Lot Line Adjustrnents) � 'I S.73O(Exceptions To Development Standards) � 18.81 O(Street�utility Improvement Standards) � �H.42O(Land Partitions) ❑ 18.740(Historic Overlay) ❑ 18.430(Subdivisions) ❑ �H.�4Z(Home Occupa6on Permits) � �H.S�O(Residential Zoning Districis) � �8.745(Landsqping&Screening Standards) ❑ 18.520(Commeraal Zoning Districis) ❑ �H.TSO(ManufacturedlMobil Home Regulations) ❑ 18.530(Industrial Zoning Districis) ❑ �8.755(Maed Solid WastelRecyding Storage) ADDITIONAL CONCERNS OR COMMENTS: Answers to Applicant's Questions: I) If access easement used to Qive access to Parcel 2, how wide? Take easement area out of lot area for Parcel 1? Ans: Easement (flaq pole) needs to be 15 feet wide; Yes, vou would have to remove it from the density calcs and lot area. 2) Arborist report required even thouqh onlv removing 1 tree and no mitiqation? Yes, you need to provide an inventory for all the trees over 6 caliper inches, includinq a protection program for the ones not beinq removed and a removal "plan" for the tree beinq removed. AI�- � P n de.�i��U r��v►�, h�c��t v� c�- a��(v� Stu�� w�1 c� .��./',.�„t-,� , CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Sec6on CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential ApplicationlPlanning Division Section PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission makin� a recommendation on the proposal to the City Council. ?�n additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS ,�11 r�PPLICATInNS I�'IL?ST BE r�CCEPTED BY A PLANNING DIVISION STr,FF MEMBER of the Community De�-elopment Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted bv mail or dro�ed off at the countet without Planrung Division acce�tance may be returned. The Planning counter closes at 5:00 PM. Ma�s submitted with an a�lication shall be folded IN ADVANCE to 8'/2" x 11". One, 8'/2" x 11" ma� of a proposed �roject shall also be submitted for attachment to the staff report or administrative decision. A�plications 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 applicarion is complete within 30 days of the counter submittal. Staff will norif�� the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur appro�rnately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involvuig difficult or protracted issues or requinng review by other jurisdicrions may take additional time to review. Written recommendarions 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 Hearings Officet. r�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. This PRE-APPLICATION CONFERENCE 1�ND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospecrive applicant of the primary Community Development Code requirements applicable to the potenrial development of a particular site and to allow the City staff and prospecrive applicant to discuss the opportuniries and constraints affecring development of the site. SUBDIVISION PLAT NAME RESERVATION (Washington Counry Surveyor's Office: 503-648-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the Ciry of Tigard, applicants are re�uired 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 confirmarion of approval from the County of the Subdivision Name Reservauon. BUILDING PERMITS PI.ANS FOR BUILDING AND OTHER REI.AT'ED PERI�IITS�'ILL NOT BE ACCEPTED FOR REVIE�x' UNTIL A I.,-1ND USE :�PPROV?�L Hr�S 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 e�cisting 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. r�ddirionally, with regard to Subdivisions and Minor Land Parririons where any structure to be demolished has system development charge (SDC) credits and the underl}'ing parcel for that structure will be eliminated when the new plat is recorded, the City's �olicv is to a�l�� those s��stem develo�ment credits to the first building ernzit issued in the develo ment (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT HE TIME THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential ApplicationlPlanning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide informarion required by the Code shall not consritute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. 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 Di�-ision). PREPARED BY: Emil�Eng,Assistant Planner CIT1'OF TTGARD PLANNING DIVISION PHONE: 503-639-4171 FAX: 503-624-3681 DIRECT: 503-718-2712 EMAIL: emil�@tigard-or.gov TITLE 18 (CITY OF T'IG:�RD'S C0:��IUNIT'I'DE�'EI,OPI��NT CODE) INTERNET ADDRESS: www.tigard-or.gov H:\patty\masters\Pre-.�pp Notes Residential.doc Updated: 27-Feb-08 (Engineering section:preapp.en� CITY OF TIGARD Pre-Application Conference Notes Page 10 of 9 Residential Application/Planning Division Section MEMOR.ANDUM TO: FILE: WHITE O11IL VILLAGE SUBDNISION SliB2006-00010, PDR2006-00001, ZON2007-00001 FR�M: Gary Pagenstecher, Associate Planner DATE: �1ay 8, 2008 The face page of this Decision should have included the R-4.5, Low Density Residenrial Zone, which is applicable to the parceidescribed as WM 1S136DB02300. The parcel was mistakenly idennfied as zoned R-12. In addition, because this parcel was included in the ap lication for a planned development, the parcel was rezoned with a PD overlay. However, only a small porrion o�the parcel was used for a nght-of-way dedicarion for the extension of SW 74`h Avenue to provide access to the other two parcels on which the proposed development was sited. Tax Lot 2300 is flat, approxunately .44-acres in size with an existing single-family dwelling. Because of the small size of the parcel and lack of any significant natural resources, application for a planned development for future development of the site would not be appropriate. Therefore, for future develo�ment of Tax Lot 2300, a planned development applicarion will not be necessary. However, any land use decision shall provide findings under the planned development secrion of the code that idenrifies this determuiarion. Albert Shields From: Todd Prager Sent: Wednesday, March 31 , 2010 10:1 8 AM To: Albert Shields Subject: FW: White Oak Subdivision - 4/1/10 TPZ Reporting Albert, Could you please set this up as an individual property(11026 SW 74th Avenue) under that White Oak Partition in the arborist monitoring spreadsheet. Thanks, Todd From: Phil Hickey [mailto:ph@halsteadsarbor.com] Sent: Wednesday, March 31, 2010 10:06 AM To: Todd Prager; Albert Shields Cc: Len Dalton Subject: White Oak Subdivision - 4/1/10 TPZ Reporting Reference: Site Inspection & TPZ Report Location: White Oak Subdivision Property - 11026 SW 74th Avenue, Tigard Subject: Apri12010 - lst Period Reporting Developer: Dalton Gang Homes, LLC Contact: Mr. Len Dalton (503) 209-8869 Todd, The Tree Protection Zones have been inspected on 3/31/10 and the tree protection fencing is intact for the preserved trees as required. Reporting Activity: None - no on-site construction activities have occurred since the last report. Thank you, Phil Hickey Project Consulting Arborist ISA Board Certified Master Arborist PN-1604B Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, OR 97062 i Albert Shields From: Todd Prager Sent: Thursday, April 1 5, 2010 1 1 :27 AM To: Albert Shields Subject: FW: White Oak Subdivision - TPZ Reporting Albert, Could you please set this up as an individual property (11026 SW 74th Avenue) under the White Oak Partition in the arborist monitoring spreadsheet. Thanks, Todd From: Phil Hickey [mailto:ph@halsteadsarbor.com] Sent: Thursday, April 15, 2010 10:36 AM To: Todd Prager Cc: Len Dalton; Albert Shields Subject: White Oak Subdivision - TPZ Reporting Reference: Site Inspection & TPZ Report Location: White Oak Subdivision Propeny - 11026 SW 74th Avenue, Tigard Subject: Construction Work Temporarily Suspended Developer: Dalton Gang Homes, LLC Contact: Mr. Len Dalton (503) 209-8869 Todd, I was contacted by Mr. Len Dalton regarding the White Oak Subdivision project and was informed that construction activities have been put on hold until further notice and not to continue with the TPZ reporting. I will resume TPZ inspections/reporting when contacted again by Len. Thank you, Phil Hickey Project Consulting Arborist ISA Board Certified Master Arborist PN-1604B Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, OR 97062 TEL (503) 245-1383 FAX (503) 691-6539 i 1 Todd Prager From: Todd Prager Sent: Monday, July 12, 2010 10:10 AM To: 'ph@halsteadsarbor.com'; Albert Shields Cc: Len Dalton; Susan Hartnett; Shirley Treat; Kristie Peerman; Mark VanDomelen; Dan Nelson; Debbie Adamski Subject: RE: Plant Appraisal Dear Phil: This email is in response to your client's proposal to remove tree N2 (8 inch diameter spruce) that was required to be preserved as part of the White Oak Partirion (�1LP2008-00006) at 11026 SW 74th �lvenue in Tigard. '1'his proposal is not in compliance with the condirions of approval for the White Oak Parution and Chapter 18.790 of the Tigard Development Code. Secrion 18.790.060.0 specifies that fines for tree violauons include subjecting the offending parn� to a ci�-il penalry of up to�500 for each infraction and requires remeciiation of damage caused by the violarion. The Ciry is willing to waive the $500 in civil penalties if your client chooses to comply with the terms in this agreement. Howe�rer, remediation of damage will still be required and shall include a mirigation payment of�1000 (8 diameter inches illegally removed x�125/inch mitigauon fee) and payment of an addirional penalty of$960 (vour appraised value of tree N2). SUMMr1RY OF FINES DUE TYPE OF FINE AMOUNT Civil Penaln- SO (��v'ait-ed if compliance with terms of this a reement) Miti ation $1,000 Ttee r� raisal $9C0 TOTAL DUE: $1,9G0 If tree N2 is removed, y�our client will be required to remit payment of�1,960 into the Ciry's Tree Replacement Fund. A hold will be placed on this lot until this issue is resolved. Do not hesitate to contact me at (503) 718-2700 if you ha�re any questions or concerns regarding this correspondence. Sincerely, Todd Prager r�ssociate Planner/��rborist c: SUB2005-00012 Land use file From: Phil Hickey [mailto:ph@halsteadsarbor.com] Sent: Monday, July 12, 2010 9:17 AM To: Todd Prager; Albert Shields � Cc: Len Da,lton Su6ject: Plant Appraisal Hello Todd, As requested by Mr. Len Dalton, I have prepared the Plant Appraisal for the spruce tree (N2) at White Oak Village Partition. Please find the appraisal attached to this email for your review. If you have any questions, please contact me at your convenience. Thank you, Phil Hickey Project Consulting Arborist ISA Board Certified Master Arborist PN-1604B z HA LSTEA D�S "Specialists in the Care and AR B O R IC U LTU R E Preservarion of Trees" CONSULTANTS �u�y ,z, Zo�o `�� www.halsteadsarbor.com P.O.Box 1182•Tualatin OR 97p62 1503)245-1383 � . Daiton Gang Homes Attn: Len F. Dalton TEL(503)209-8869 � • Reference: Eight Inch DBH Spruce Tree on North Side of Property Location: White Oak Village Partition 11030 SW 74�'Avenue, Tigard, Oregon 97223 � Subjed: Plant Appraisal Report—On-site Inspection Completed 7/9h0 _ At your request, I have inspeCted the spn�ce tree(Tree#N2)located on the north side of the White Oak Vllage Partition construction project in Tigard, Oregon. The purpose of the inspection was to complete a plant appraisaUmonetary valuati�on prior to your expected removal of the tree. � ' _ This plarrt appraisal was oompleted in acoordance with the Intemational Society of Arboriculture(ISA) Guide fnrPlant Appraisal, 9"'Editi�on authored by the Counal of Tree • 8 Landscape Appraisers. Appraisal values were ca�ulated using the Trunk Formula � Method based on the Cast Approach prooedure for valuation. " OBSERVATIONS AND APPRAISAL � Tree#N2 � � Saecies: Spruce(Picea spp.) Location: The tree is located approximately 3 feet south of the north property fine and � ' S0 feet east of the existing curb cut for SW 74�'Avenue. Plant Measurements:The tree has a trunk diameter of 8 inches measured at 4.5 feet above ground (DBH)and is approximately 40 feet in overall height. Canopy limb spread measures approximately 20 feet in diameter. I Condition: The tree is currently rated as average to above average in heatth, but ' � � stn�cturally is rated as moderate to poor as the root system is beooming obstruct�mpacted due to severe soil compaction from the neighboring driveway/house foundation to the north. Site: The tree is growing within an average to low average market value property and neighbofiood for Tigard. It contributes as a privacy screen between the properties, , helps to deflne property space, and creates a transpirational cooling effect for the neighbonng property to the north. The placement of the tree in relation to property line is very low as it is planted too close to the property line and to the neighbars . homeldri�way for optimum growth to maturity. � Value: Using the Tnmk Formula Method, the total appraised value for the S-inch i diameter spruce tree based an my visual observations,tree measurements, and professional experience would be$960.00. Please see the attached Tiunk Fomtula � Mebhod calculation sheet for further information. CCB#0�68646 Keep Amenca Green-Pnnted on Recycled Paper Page 2 July 12, 2010 Reference: Eight Inch DBH Spruce Tree on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, �regon 97223 Subject: Plant Appraisal Report—On-site Inspeciion Completed 7/9/10 ASSUMPTIONS � LIMITING CONDITIONS 1. A�y legal description provided to the consuftant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is evaluated as though free and clear, under responsible ownership and competent management. 2. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant can neither guarantee nor be responsible fo�the accuracy of information provided by others, especially regarding property line determinations and project boundaries. � 3. The consuitant shall not be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made, inGuding payment of an additional fee for such ser�ices. 4. Loss��alteration of any part of this report invalidates the entire report. 5. Possession of this repoR or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consuftant. 6. Neither all nor any paR of the contents of this report, nor copy thereof, shall be conveyed by anyone, inGuding the dient, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the consuftant; particularly as to value conGusions, identity of the consultant, or any reference to any professional society or institute or to any initialed designation conferred upon the consuftant as stated in his qualifications. 7. This report and values expressed herein represent the opinion of the consultant, and the consuitanYs fee is in no way contingent upon the reporting of a speaFied value, a stipulated results,the occurrence of a subsequent event, nor upon any finding to be reported. 8. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scate and should not be construed as engineering or architectural reports or surveys. 9. Unless expressed otherwise: (1) information contained in this report covers only those items that were examined and refleets the condition of those items at the time of inspection; and (2)the inspection is limited to visual examination of aacessible items without dissection, excavation, probing, or coring. fhete is no warranty or guarantee, expressed or implied,that problems or deflciencies of the plants or property in question may not arise in the future. Page 3 July 12, 2010 Reference: Eight Inch DBH Spruce Tree on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subjeci: Plant Appraisal Report—On-site Inspection Completed 7/9/10 CERTIFICATION OF PERFORMANCE I, Philip C. Hickey, certify: . I have personally inspected the above referenced tree and have stated my findings accurately. The extent of the evaluation is described in the attached report. . I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. . . The analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices. • No one provided sign�cant professional assistance to me, except as indicated within the report. • My compensation is not contingent upon the reporting of a predetermined conGusion that favors the cause of the Gient or any other party nor upon the resufts of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events. . I certify that all of the statements of fad in this appraisal are true, complete, and correct to the best of my knowledge and belief, and that they are made in good faith. I further certify that I am a member in good standing of the International Society of Arboriculture and the American Society of Consulting Arborists. I have been involved in the field of Arboriculture and the care and study of trees for a period of more than 15 years. Signed.� , �. Date: ��ZI,/y� �� � � Philip C. Hickey � Projed Consulting Arborist ISA 8oard Cerfified MasterArborist PN-16048 � P"-'�+e � ISA Member/ISA-PNW Member/ASCA Member � �C, � . Trunk Formula Method* Appraised Value = Basic Tree Cost x Species%x Condition%x Location% Basic Tree Cost='Trunk Area Increase(of appraised tree) x Unit Tree Cost+Installed Tree Cost Case�/Assignment White Oak Partition Date �/�/io Property White Oak Partidon Appraiser Phil Hickey,ISA Board Certified Master Arborist PN-i6o4B Field Obseruations i. Species Spruce 2. Condilion � % 3. Trunk Circumfercnce inches or Diameter 8 inches � 4. Location 96= [Site 70 % + Contribution �0 96 + Placement�O 96] �3 = 60 % Regional P(ant t�praisaf Committee and/or Appraiser-Deueloped or-Modified Information 5. Species Rating� 70 9�6 6. Replacement Tree Size(diameter) 2 inches (Trunk Area) 3 in�TAR �. Replacement Tree Cost = $ 175 8. Installadon Cost =� �80 g. Installed Tree Cost(��+�8) _� 455 io. Unit Tree Cost(per in2) _$ 58 Calculations by Appraiser Using Field and/or Regional lnformation ii. Appraised Trunit Area: TAA(if<=3o inch Diameter) ATAA(if>3o inch Diameter, c 2(�3) x o.08 use Tables 4•4-4•7) = 5o in� or d'(+�3) �b _x o.785 �2- APPraised'lY�ee 1�unlc Increase(TA�xca)_ TAA or ATAA 5o inZ(�u) -TAR 3 in2(�6) = 4� in2 i3. Basic Trce Cost =TA�xcR(�12) 47 in'x Unit'Tree Cost(�rio) $ 58 per in' +Installed'IYee Cost(�r9) $ 455 per in2 =$ 3.i8i �,4. Appratsed Value =Basic Tree Cost(�tig) S 3,i8i x Species Rating (�5) �o % x Condition(�2) � 96 x Location(#4) 60 96 = $ q6o �5. If the Appraised Value(�i4)is$5,000 or more,round it to the nearest$ioo;if it is less,mund to nearest$io. i6. Appraised Value =$ g6o "Sheet formetting and cskvletion method from the Guide for Plant qpp�(qth Edition,2000). Council of 7t+ee&Isndscape Appraieers-[ntcrnational Sociey of Arboricuhure.Champaign,ll. H A L ST E A D�S "Specialrsts in the Care and AR B O R I C U LTU R E Preservation of Tiees" CONSULTANTS July 12, 20,0 �� www.halsteadsarbor.com P.O.Box 1182•Tualatm OR 970fi2 1503)245-1383 � . Dalton Gang Homes Attn: Len F. Dafton TEL(503)209-8869 � • Reference: Eight Inch DBH Spruce Tree on North Side of Property � Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 � Subject: Plant Appraisal Report-On-site Inspection Completed 7/9/10 _ At your request, I have inspeded the spruce tree(Tree#N2) located on the north side of the White Oak Village Partition construction projed in Tigard, Oregon. The purpose of the inspection was to complete a plant appraisal/monetary valuation prior to your expected removal of the tree. � This plar�t appraisal was completed in acoordance with the Intemational Society of Arboriculture(ISA) Guide 1forPlant Appraisal, 9"'Edition authored by the Counal of Tree & Landscape Appraisers. Appraisal values were ca�ulated using the Trunk Formula � Method based on the Cost Approach prooedure for valuation. OBSERVATIONS AND APPRAISAL � Tree#N2 � 'es: Spruce(Picea spp.) ` Location:The tree is located approximately 3 f�eet south of the north property line and i 50 feet east of the existing curb cut for SW 74 Avenue. Piant Measurements:The tree has a trunk diameter of 8 inches measured at 4.5 feet above ground (DBH)and is approximately 40 feet in overall height. Canopy limb spread measures appro�amately 20 feet in diameter. ondition: The tree is curreMly rated as average to above average in health, but � � � structurally is rated as moderate to poor as the root system is beooming obstrud�mpacted due to severe soil compaction from the neighboring driveway/house foundation to the north. Site: The tree is growing within an average to low average market value property and neighborhood for TigaM. It contributes as a privacy screen between the properties, , helps to define property spaoe, and creates a transpirational cooling effect for the neighboring property to the no�th. The placement of the tree in relation to property line is very low as it is planted too close to the property line and to the neighbor's . homeldriV�way for optimum growth to maturity. � Value: Using the Trunk Formula Method, the total appraised value for the 8-inch diameter spruce tree based on my visual observations,tree measurements, and professional experience would be a960.00. Please see the attached Trunk Formu/a � Method calcula6on shee�fa further information. CCBM 0068646 KeepAmenca Green-Pnnted on Recyc:led Pape► Page 2 July 12, 2010 Reference: Eight Inch DBH Spruce Tree on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, �regon 97223 Subject: Plant Appraisal Report—On-site Inspection Completed 7l9/10 ASSUMPTIONS 8 LIMITING CONDITIONS 1. Any legal description provided to the consultant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is evaluated as though free and clear, under responsible ownership and competent management. 2. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however,the consultant can neither guarantee nor be responsible for the accuracy of information provided by others, especially regarding property line determinations and project boundaries. � 3. The consultant shall not be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services. 4. Loss-or alteration of any part of this report invalidates the entire report. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or vefial consent of the consultant. 6. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, inGuding the dient, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the consultant; particularly as to value conGusions, identity of the consultant, or any reference to any professional society or institute or to any initialed designation conferred upon the consuRant as stated in his qualifications. 7. This report and values expressed herein represent the opinion of the consuRant, and the consultanYs fee is in no way contingent upon the reporting of a specified value, a stipulated results,the occurrence of a subsequent event, nor upon any finding to be reported. 8. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural repo�ts or suroeys. 9. Unless expressed otherwise: {1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection;and (2)the inspection is limited to visual examination of aacessible items without dissection, excavation, probing, or coring. �'her�e is no wa�ranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future. Page 3 July 12, 2010 Reference: Eight Inch DBH Spruce Tree on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Plant Appraisal Report—On-site Inspection Completed 7/9/10 CERTIFICATION OF PERFORMANCE 1, Philip C. Hickey, certify: • I have personally inspected the above referenced tree and have stated my findings accurately. The extent of the evaluation is descnbed in the attached report. . I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. _ . The analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultu�al practices. • No one provided sign�cant professional assistance to me, except as indicated within the report. • My compemsation is not oontingent upon the repoRing of a predeteRnined conclusion that favors the cause of the client or any other party no�upon the results of the assessment, the attainment of stipulated resufts, or the occurrenoe of any subsequent events. . I certify that all of the statements of fact in this appraisal are true, complete, and correct to the best of my knowledge and belief, and that they are made in good faith. I further certify that I am a member in good standing of the International Society of Arboriculture and the American Society of Consulting Arborists. I have been involved in the field of Arboriculture and the care and study of trees for a period of more than 15 years. Signed.� , �. Date: ��I/v� �� � � Philip C. Hickey � Project Consulting Arborist !SA Boarrf Certified MasterArtio►isf PN-16048 � P"-'�s � ISA Member!ISA-PNW Member/ASCA Member � �C. � � . - Trunk Formula Method* Appraised Value= Basic'IY�ee Cost x Spedes%x Condition 96 x Location% Basic'IYee Cost=T�unk Area Increase(of appraised tree) x Unit Tree Cost+ Installed Tree Cost Case s/Assignment white Oak Partition Date 7/�/io Property White Oak Partition Appraiser Phil Hickey,ISA Board Certified Master Arborist PN-i6o4B Field Obse�vations i. Species 3pruce z. Condidon Tj 9i6 g. 'I�unk Circumference inches or Diameter 8 inches � 4. Location%_ [Site 70 9�6 + Contribution �o % + Placement�0 96] =3 = 60 96 Regiona!P1antAppraisal Committee and/orAppraiser-Deueloped or-Mod{f�ed Information 5. Species Rati�� 70 % 6. Replacement Tree Size(diameter) 2 inches ('['runk Area) g in'TAR �. ILeplacement Tree Cost = $ 175 8. Installadon Cost =$ s8o 9. Installed Tree Cost(��+a8) =S 455 io. Unit T�ee Cost(per in2) =S 58 Calculations byAppraiser UsingFYefd and/orRegionallnformation ii. Appraised Trunk Area: TAA(if<=3o inch Diameter) ATAA(if>3o inch Diameter, c 2(*3) x o.08 use Tables 4•4-4•7) = 5o in2 or d'(#g) �x o.785 i2. Appraised'I�ee Trunlc Increase(T?yxcR)_ TAA or ATAA 5o inz(#u) -TAR g in2(#6) = 4� in2 i3. Basic Tree Cost =TA�NCR(�12} 47 in�x Unit Tree Cost(#io) $ 58 per in� +Installed Tree Cost(+rg) $ 4� per in2 =$ �,i8i i,4. Appratsed Value =Basic 7'ree Cost(�ig) $ 3,i8i x Species Rating (a�5) �o % x Condition(#2) 72 % x I.ocation(#4) 60 96 = $ 4bo �5. If ihe Appraised Value(�i4)is$5,000 or more,round it to the nearest$ioo;if it is less,round to nearest$io. i6. Appraised Value =$ q6o "Sbeet formetting and cakulation method from the Guide for Plant qpprai.4al(gth Edition,2000). Council of Tree&Isndscape Appraisers-International Society of Arboriculture,Champeign,11. Todd Prager From: Todd Prager Sent: Monday, July 12, 2010 9:36 AM To: 'Phil Hickey' Cc: 'Ifdalton@thedaltonco.com'; Albert Shields Subject: Tree removal permit for trees N1 and N3 of the White Oak Partition Phil, Please accept this email as written permission to remove trees N1 and N3 that were preserved as part of the White Oak Partition (MLP2008-00006) at 11026 SW 74th Avenue in Tigard. Because these trees have been documented to be hazardous by a certified arborist, their removal is permitted by the conditions of approval for the White oak Partition and the Tigard Development Code. Permission to remove these trees has been recorded in the City records as permit number TRE2010-00019. Please note that you are solely responsible for obtaining permission from the property owner for any activity associated with this permits. Do not hesitate to contact me if you have any questions regarding this correspondence. Sincerely, Todd Prager Associate Planner/Arborist City of Tigard 503.718.2700 1 �. � HALSTEI�.��S �Spec�alrsts in the Care and A R B 4 R I C U LT U R E Preservatron ol Trees�� CONSULTANTS �� www.halsteadsarbor.com April 16, 2009 ?O Box i i82•Tuaiatin,OR 97062 • (50312a5-1383 � � The LF Daiton Gang, LLC � Attn: Mr. Len Dalton � 7955 SW Hall Boulevard Beaverton, OR 97008 +� TEL: (503) 209-8869 / Reference: Three Spruce Trees on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Visual Tree Inspection ! Hazard Evaluation � � _ At your request, I have completed a Visual Tree Inspection on the three spruce trees (now-post suniey) located along the north side of the property for White Oak Village Partition— 11030 SW 74"'Avenue, Tigard, Oregon. The purpose of the inspection � was to evaluate the hazard patential of the trees and to provide a rating for their � current level of estimated risk to surrounding persons and property. , � VISUAL TREE INSPECTION RESULTS � �l f_ ��,�376� � _ 6S�I�� ,-�' Tree Number: N1 ' Location: The tree is located approximately 3 feet south of the north property � ';� line and 60 feet east of the existing curb cut for SW 74"'Avenue. �� Description: The subject tree is characteristic of a spruce species (Picea spp.) and is approximately 50 feet in overall height. It has one primary trunk with a I trunk diameter(DBH)of 14 inches measured at 4.5 feet above ground level ' � t+ and has a canopy limb spread of approximately 20 feet in diameter. � Evaluation: The health of the subject tree is rated as average as determined by annual shoot growth measurements of befinreen 6 and 8 inches of elongation ifrom last years growth. The canopy structure of the tree is rated as poor to � , very poor as determined from the structural defect of multiple tops/codominant stems with severe bark inclusions observed in the upper canopy located at 30 feet above ground. The root system of the tree has also � been signficantly impacted by the neighboring ha�dpan gravel driveway that encompasses 50 percent of the total root zone. The driveway gets frequent � use from heavy trucks and machinery stored in the back yard of the neighboring property and has severely compacted the soil within the root '� zone. The tree does not appear to have had any formal pruning care in the past and there are moderate amounts of deadwood, hanging limbs, and storm damage found throughout the tree canopy. r�g# pn�gFa� 7(on�?dmnrir�r_.nAn . Orinio�,7n qo,,,,�tgn Pa�or IV � Page 2 April 16, 2009 Reference: Three Spruce Trees on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Visual Tree Inspection /Hazard Evaluation Results: The tree is located within striking distance of multiple targets including the neighbor's home, driveway, parked vehicles, vanous hardscape features, and the new development to the south. Due to the structural defects found in the upper canopy,the tree does have an elevated risk for failure and the potential for sign�cant damage to suROUnding persons and property is high. My Hazard Rating finding for this tree is an 8 out of a maximum of 12. Please see the aftached Tree Hazard Evaluadon Form for further informaaon. TreeNumber: N2 � 1�a3��� y� �5� 7,�� i�' Location: The tree is located approximately 3 feet south of the north property line and 50 feet east of the existing curb cut for SW 74"'Avenue. Description: The subject tree is charactenstic of a spruce species (Picea spp.) and is approximately 40 feet in overall height. It has one primary trunk with a trunk diameter(DBH) of 8 inches measured at 4.5 feet above ground level and has a canopy limb spread of approximately 20 feet in diameter. Evaluation: The health of the subject tree is rated as average as determined by annual shoot growth measurements of between 6 and 8 inches of elongation from last years growth. The canopy structure of the tree is rated as moderate to good as there are only minor d�ciencies observed within the canopy. The root system of the tree has also been sign�cantly impacted by the neighboring hardpan gravel driveway that encompasses 50 percent of the total root zone. The driveway gets frequent use from heavy trucks and machinery stored in the back yard of the neighboring property and has severely compacted the soil within the root zone. The tree does not appear to have had any formal pruning care in the past and there are minor amounts of deadwood, hanging limbs, and storm damage found throughout the tree canopy. Results: The tree is of average health, good structure, and currently presents a low risk for tree failure. My Hazard Rating finding for this tree is a 5 out of a maximum of 12. Please see the attached Ti�e Hazard Evalua6on Fam for further information. Tree Number: N3 � � 76�3 �01 y - � S'� 7�7 Location: The tree is located approximately 3 feet south of the north property line and 20 feet east of the existing curb cut for SW 74"'Avenue. Description: The subject tree is characteristic of a spn�ce species (Picea spp.) and is approximately 60 feet in overall height. It has one primary trunk with a trunk diameter(DBH) of 16 inches measu�ed at 4.5 feet above ground level and has a canopy limb sp�ead of approximately 25 feet in diameter. I � Page 3 April 16, 2009 Reference: Three Spruce Trees on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Visual Tree Inspection / Hazard Evaluation Evafuation: The health of the subject tree is rated as poor as determined by the chlorosis seen within foliage and the sparseness of foliage density. The canopy structure of the tree is also rated as poor as determined from the multiple top structural defect observed in the upper canopy located at 30 feet above ground. The neighboring driveway (as listed above) has also impacted the root system of the tree due to soil compaction. The tree does not appear to have had any formal pruning care in the past and there are moderate amounts of deadwood, hanging limbs, and storm damage found throughout the tree canopy. Resutts: The tree is located within striking dista�ce of multiple targets including tfie neighbors home, driveway, parked vehicles, street and traffic, various hardscape features and the new development to the south. Due to the structural defect found in the upper canopy, the tree does have an elevated risk for failure and the potential for sign�cant damage to sur�ounding persons and property is high. My Hazard Rating finding for this tree is an 8 out of a maximum of 12. Please see the attached T�e Hazarrl Evaluadon Form for further informa6on. • Page 4 April 16, 2009 Reference: Three Spruce Trees on North Side of Property Location: White Oak Village Partition 1103U SW 74"'Avenue, Tigard, Oregon 97223 Subject: Visual Tree Inspection / Hazard Evaluation ASSUMPTIONS � LIMITING C4NDITIDNS 1. Any legal description provided to the consuttant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is evaluated as though free and clear, under responsible ownership and competent management. 2. Care has been taken to obtain all information from reliable sources. All data has been ve�ed insofar as possible; however, the consuftant can neither guarantee nor be responsible for the accuracy of information provided by others, especially regarding property line determinations and p�oject boundanes. 3. The consultant shall not be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made, inGuding payment of an additional fee for such services. 4. Loss or afteration of any part of this report invalidates the entire report. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant. 6. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, inGuding the client,to the public through advertising, public relations, news, sales or other media, without the prior expressed writte� or verbal consent of the consultant; particularly as to value conclusions, identity of the consultant, or any reference to any professional society o�institute or ta any initialed designation conferred upon the consultant as stated in his qual�cations. 7. This report and values expressed herein represent the opinion of the consultant, and the consultanYs fee is in no way contingent upon the repo�ting of a specified value, a stipulated results, the occuRence of a subsequent event, nor upon any finding to be reported. 8. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 9. Unless expressed othervvise: (1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time af inspection; and (2)the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no waRanty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not anse in the future. • Page 5 April 16, 2009 Reference: Three Spruce T�ees on North Side of Property Location: White Oak Village Partition 11030 SW 74"'Avenue, Tigard, Oregon 97223 Subject: Visual T�ee Inspection / Hazard Evaluation CERTIFICATION OF PERFORMANCE I, Philip C. Hickey, certify: • I have personally inspected the trees and property refeRed to in this repo�t and have stated my findings accurately. The extent of the evaluation is stated in the attached repvrt. • I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. • The analysis, opinions, and conclusions were developed and this report has been p�epared according to commonly accepted arboricultural practices. • No one p�ovided significant professional assistance to me, except as indicated within the report. • My compensation is not contingent upon the reporting of a p�edetermined conclusion that favors the cause of the client or any other party nor upon the results of the assessment, the attainment of stipulated resufts, or the occurrence of any subsequent events. I further certify that I am a member in good standing of the Intemationat Society of Arboriculture and the American Society of Consulting Arborists. I have been involved in the field of Arboriculture and the care and study of trees for a period of more than 14 years. Signed: J �( �'-- =�- . �� � �ate: G'I � !�I4�' ;���� �,� +��, � �I 'f',�. _ ' - � .s %. S�ncerelY, ��, '`:.' � ��icK9� _ Philip C. Hickey _ Project Consulting Arbarist ISA Board Certi�ied Master Anborist PN-16048 � ISA Member/ ISA-PNW Member/ASCA Member '" A Ph� ��aphic Guide to the Evaluation of Ha� ' Trees in Urban Areas . , � � �. . TRtr HAZARD FVALUATIUId FORM 2nd Edition . sio��dre5s: l ���G (��,�—�r�:�-v..� f+�zaRn wcra�c: �: ���30 �� 7y� ,4,�F, ��'�n �� � � � + _� _—� owner: �/ u*nown � � F� . � . � Target Miazard P�K P� P� ��9 �g Daee: � �nspe�: ` � �mrtied�oe actia,r�ded Dat�af I�st inspection: ����� Dead vee ������ Tree F 1�L_��as: J ��G2. om�: � �o�w�r� 1 �,C ,�. • sp� –��� Fam: ❑ generaNy symrt�tric �mir►or asymrr�Y �rt�ejtx asymmebY ��P� ��9-�� Crown dass: ❑ dominant �co-dominant ❑imamedia0e ❑st{�p�sed Live aown ratio: q�96 Age dass: O yaaig �d(semi-mawre ❑maaue ❑over-mau�►elsenescent PNnin9 iiistory: O aown cle�ned ❑excessively thirx�ed ❑tapped ❑aown raised O pollarded ❑crown reduced O flush arts 0 cab�dl6raced �rane O mullti�ple Prunin9� APP�'�•da0es: speaa�valu� O�rt�en 0 t�eritageJFrismric ❑wi��'fe �unuwal ❑street tree �saeen ❑� �indigeraus D proteaed by 9a+•a9�Y ��TM Fa-iage color. �norma� o chlorodc ❑necrotic Epioomwcs? v Q c�ro�An o�: Fof'wge density: �namel ❑sparse Leaf size: (l�normel ❑SmaN ❑5�kes 0 wirehies ❑sign5 ❑cables Arn�ual shoot gro�llt: 0 exceqent �average ❑poa Twig Diebacl�l Y � ❑cublpavert�eru ❑gu�s Wou�dwood developrr�� �ezcellera �average ❑poor O none J�I othe� _ f 1l1CWhN o l Vga class: ❑excelent �average ❑fair ❑poor Majar pestsldiscases: S���n� sioe cn�: �resid�ce ❑comme� ❑i�l 0 partc o�r,sp�e ❑n�r� ❑wooa�ndl�rest Landscape type: ❑paricwrayr ❑raised bed ❑cartainer O mamd ,��awn �slaub border ❑wind nreak irrigatio� �none ❑adequ�e ❑insdequate ❑ac�ive ❑tru�c wettled Recmu site�abana? �N �consm�an ❑soi d�rbance O grade change O line cle�n9 ���9 96 dripline paved: 096 10-2596 C�;�p96�5(�75% 75-10096 Psremert IiRed? Y N °6 dripline wl fill sal: 096 10-25 5-5096 50-75% 75-10096 °k dripline grade lowere� 10-Z596 25-5096 547596 75-10096 Soil prob{ara: �,�airrage ❑stwlbow umpacted O droughty ❑sal'me ❑alkaNne O acidic ❑srt�all volume O�sease� ❑hisocxy d fad O clay ❑expansive O slope • aspect: Obstructia�: ❑lights O signage ❑line-of-sight ❑view ❑overt�ead lines ❑underground utilities ❑traffic �adjacent veg. O Exposwe m wind: ❑single vee 0 below canopy ❑abwe canopy ❑recently exposed �windward,carropy edge 0 area prone to windtivow Prevailing wind directian: .S Occurrence of snowfice stortns ❑neve� ❑seldom �regularlY TARGET Use Under Tree: �,buildin parkirig ❑�affic ❑pedestrian ❑recreatian �lar�dscape �hardscape �small fea¢�es O utiliry lir�es Can target be rtared? Y N Can use be restriaed? Y� . Oca�panry: O occasional use ❑i�itter�use �frequent use O constant use The Irnemational 5aiety of Arboriculture assumes no responsibility for conclusions or recommendaGons derived from use of this form. TREE DEFECTS ROOT�FECTS: Suspectroolrot• Y I� NlusFsoa�NcorYd6racketpresent Y Q IQ: Exposed roatr: ❑severe 0 moderate �low Undermined: ❑severe f�moderaoe ❑low Rooc pru�ed: distance trom tru�c Raot�ea atfected: 96 BuCress wd�rided: Y N 1M�en: Re�mot aea: O sevae �moderate D low Potential Far root tailve: ❑seirere ❑moderate �low LEMt deg.from vertical 0 natliral ❑�aG� ❑self-r.orrecUed Soil heaving Y N Decay in plane M lean: Y N Roo�s broken Y N Soil asd�irg; Y N �OmP°��^9� i.ean Sa�iry: ❑severe ❑moderate ❑iow CROWNDEFfCTS: Indicate preserxe of individual defects aM rate their seuerity(s=severe,m=modera�oe,I=low) DEFECT R00T CROMIN TRUNK SCAFFOIDS BRANCF�S Paor Bow. Cadornments/forks f' Multi auachmen6 Ir�ded bartc Excessive end ' Cracksl lits Gird' wbunds/sear" �- L Conkslrtn�shr� flow Looselcradced baAc N ' holdbee hive Deadwoodlswlu Borersltermitesla� Cankers/ I!slburls Previous failure HAZARD RATING Tree part most licely W fail: � Fa�ure pooe�rtial: 1-low;2-rr�edium;3-high:4-severe Inspection period: arrwal biarxxial dher Sine d part 1 -�6"(15 cm):2-6-18'(15-45 an): Failure Poteno�l+Si7E of PaR+Target RaGng=Hazard Rsting 3•1&30"(45-75 tmj:4->30"(75 tm) �+ 2 +�—_ � Target ra6ng: 1-occasio�al use;2 ir�rtnitterx use: 3-frequent use;4-constant use HAZARD ABATEMENT Prunt ❑remove dHective part ❑re�ce end weic,�lu ❑croMm clean ❑thin O raise canopy ❑crown reduce 0 restruarue ❑shape CabI�JBrace: InspeC firtl�er. O root crown ❑decay ❑aerial ❑monitot Remove tree: Q N Replace? Y N Move tarc,Jet�. Y �7 Otl�er. Etfect an�a�errt trees: ❑none ❑eva�te Notification: ❑owner O manager ❑goveming agenry Date: COMMENTS r . ''' A Phr� �raphic Guide to the Evaluation of Ha� i Trees in Urban Areas - - M = . TRct HAZARD EVALUATIU� FORM �E�-�, :,. . srodadcxe.cs: ; r �r�nnc: t�ocation: !1 D30 .S'�,J 7�1 — aA-,�_�iG�4,e/) d2 1 + �_ • _s� •_,,� Fail�re . S¢s + Tergec = Nazard Ovrr�er:P�� P�� � � otl�er � Pote�ial of pa�t Radng Radng Date:�� InSpector. �� — Imtr�iate ecxi0n needed Oete oF last i�tion: � Z � N�ds fl�'C�er inspection Dead U�ee ������� T��: N Z s�: So��� neH: �. �a m.� �_ He��� sprea� �� Form: 0 ge�aNy symrr�ric j�minor asyrtxr�xry ❑mejor asymmepY ��P� 0�9-� Cram dass: ❑ dominant ❑w-dominarrt �irrtermedisGe ❑supp�ssed Live oown ratio:�_% Age dass: O yamg J�semi-mawre ❑rnatixe ❑a�er-man�re/seneso� Pnming hista�: ❑crown cleaned ❑excessively ttwrmed ❑topped ❑aown raised ❑pollarded O aown reduced o flush cuCS ❑cabledlbraced �naie ❑mul�ple Prunin9 e�rent� Approz•d�s Special value: 0 sp� ❑heritagelhisroric O wildlfe ❑ux�ual ❑street oree�screen ❑shade ❑indigenous ❑protected bY 9�'�•�y ��TM Foliage color. ,�normal ❑chlorotit ❑neuotit Epiconrua? Y Ib GroMh abstructions: Fa�age density: �normat ❑sparse l.eaf sine: f�(nom�al ❑sma8 ❑smkes ❑wrce/Ues ❑signs O cables Amual staot groWi: O exceA� �average ❑poor Twig Diebadit Y � 0 ruNpave ent ❑guards waundwood devebpn� O excellent J�average ❑poor ❑none �otl�er 1 I UY1.,/ � ,.,�� vgor class: ❑exce9errt C�average ❑Fair. 0 poor Major pests/diseases• SITE CONDITIONS Site d�aracter: �residence ❑canmercial ❑rt�l ❑park ❑open space 0 na�ral ❑woodlandlfo�e5t Larnc�ape type: ❑parkway ❑raised bed ❑caMnir�er ❑mouM �lawn �shrub barder ❑wind br�k trrigatiorr �nar�e ❑adequat� ❑inad� ❑�ve O mmk wettled Recerd site�stubance4�1 N �tonsfixtion 0 Soil d�rbance ❑grade change ❑lire q�ng ,�sibe qearing v x a��ine�,area: o� �az5% zs- �3% ��-wo� Paren,enc iirtee� Y N �a����hn son: o� 1a25 z�- �5% �s-i00% °�6 ariplinegraae�oweree: � taZS96 zs-so96 sals96 7s-1oo96 Soil problar�s:��air�age O shallaw,�compacbed O droughty ❑safire ❑alkaline ❑acidic ❑srt�all volurt�e ❑disease cerrt� ❑history of fail ❑day ❑expansive ❑slope ' aspecx: ohstructia�s: ❑�igtar ❑signage ❑lin�of-sight �view ❑overt�ead Iines ❑unde�grax�d uGli6es O vaffic ,�adjacent veg. O Ezpowre m wind: ❑single tree O below canopy O abare canopy O recerWly exposed !�(v�nndward.canopy edge ❑area prone to windthroN, Prevail6g wrme direction: c�LJ Occurrence of snow�ice storrns �never O seldan J�regu�artY TARGEi Use Urder Tree: buildm9 parkuig �vafFc 0 pedesvi� ❑rec�eation landscape �hardscape�small feaMes ❑utiliry lines � Can taryet be rtared? Y � Can use be restricted7 Y � Occ�arrc�: ❑occasional use 0 inoertniae�t use ,¢frequent use O constant use The Irrcemadonal Saiely of Arboricultu�e assumes no rosponsibilityr for conclusions or recommendations deri�ed from use of t�is form, TREE DEFECTS + aoo�nE�cr�: Suspett ro�rot Yb Muslvoondcaddbracket present: Y � ID: E�osed roots: ❑severe 0 moderate �low U�: ❑severe ,�mode�ate �low Root prw�ed: disrance from tr�x►k Root ares alFeued: % Bultress wot+ided: Y N WFien: Restricted rwR area: ❑severe �rtmderate ❑low Poterxial for root tail�re: ❑se�ere ❑modera0e ,�bw LEAAI'� deg.from�rertical ❑na�rel 0 unnatural �selF-corrected 5al heavir� Y � Decay in ptane of lean: Y N Roots broken Y N Soil uacking: Y N �0^�Pa��^9�� I.ean severiry: ❑severe ❑moderate ❑low CROWN DEFFCTS: Indcate presence of individual defec�and rate d�eir severny(S=se�e,m=mode�.I=low) DffECT R00T CRO'WN 7i2UNK SCAFFOLDS BRANCFffS Poor Bow. CodominaMS/Forks Multi e amchments Inckided b8rlc Extessive end wei Cracksls li[s Grcd' ��" L oeca Conkslmustroomslbracket Bieed' flow Looselcradced hark N ' holPlbee hive Deadvvoocllsn�bs (� Borers/termiteslar�ts Cankers/ allslburl5 Previous Failure HAZARD RATING Tree paR most likely to fail: failure potential: 1-low;2-medium;3-high;4-severe Inspection period- annual biannual oU�er S'me d part 1 -<6"(15 cm):2-6-18"(15-45 cm): Failure Po(en0a1+Size of Part+Target Rating=Hazard Ra6ng 3-18-30"(45-75 cm);4-�30"f75 cm) Target raUng: 1-oaasional use;2 intermitter�t use; �+�+ � _ ,� 3-frequent use;4-constarrt use HAZARD ABATEMENT Pnme: ❑rerrmve d�ective part �reduce end wei�t O aown clean ❑thin ❑raise canopy ❑aown reduce ❑ restrucwre ❑shape cableJ&ace: I�upecc f�rthec: O root cro�wn ❑decay ❑aerial O monitor Rernove tree: Y Q Replace? Y N More� Y� Other: Eflect on adjacerrt trees: ❑none ❑evaluate NodfipGon: ❑owne.r ❑managex ❑govemin9 a9�Y Date: COMMENTS '. `�' , A Phr �raphic Guide to the Evaluation of Ha ' Trees in Urban Areas � - � a . TR�t HAL4RD FVALUATIDN F�RM �E�rt;a, :, . 5���: r��;� �� ,��,�,a,� ��,�: �«,: 1�03� sw 7��� �� c� � + � . 3 = � Fa+kre . siaee . rargec = t�are owr�er:pubtic piiv�_� u�cnown other Po�ntial of part R�n9 �9 Date:���p� I�: ��i� tti C.K�/ ��} �nl—I�o�B � Irtuned�a0e action needed �����;«,: Z�/o9 ����, o�d aee TREE CFIARAC1Eii1S11CS Tree/:�_Specti�s: C�ON C� DBk: ,�� �I d trut� �_ Heig�__�O� Sprea� � Famt ❑ 9e�alh symrr�trit f�rn�r asyrtwne�Y 0 major asyrtur�etry O swmP spr'out 0 sta9-headed Crown dass: ❑ dominarit �co-dors�inarrt ❑ei0ertnediaoe ❑wppressed Live aown ratio:�_�96 Age dasx ❑young ❑semi-rr�a�re �mauue 0 o�-manxPlser�e5oent Pnming h�atory: �aown cleaned 0 excessively thimed ❑ropped o aown raisea ❑polla�ded ❑crown re�uced 0 tlusr►a,ts ❑cabledlbrac� ,�none O mulbple prunin9 eu�ts APProx•da0es: Special Value: O�ecbnen ❑haitagelhistoric ❑wildflfee ❑� ❑�treet tree,�[screen ❑shade 0 indigenou5 ❑protected bY 9�•a9�Y rREE �ni Foliage color. ❑namal �chlorobc ❑necrotic Epic�rmi�s? Y � GroNAh abstruction,: Foliage density: ❑namal Jl�sparse Leaf siz� �nom�l 0 small ❑stakes 0 wirpJdes ❑signs O cables arrn,a�shoa g�: ❑exceA� ❑av�a� �Poo� Twi9 Dieb�t �f N �arblp�ement o guazds waaidwood devebpmer�C ❑excell�t ❑a�erage �poor O none �other �IfL�..//M S% Vigot class: D excelent O average ❑Fair �poor �Pes�/t�sea�: $ITE CONDITIONS Site Character: �resid�e ❑comm�cial O industrial D park O open spac� O naUral ❑woodhandlfo�est l.arx�cape hpe: �parkway ❑raised bed ❑canmi�er ❑mound ,J�lawn d(shn�eorder o wa�a treak Irrigatiarr �nane 0 adequaoe 0 inadequaoe ❑accessive ❑trwik wettied Ret�t site dishabance7�N (�onstruction ,A�soil d�srixbar�'.e ❑grade change ❑Gne deari�g �site cle2rirx� %dripline paved: 696 10-2596 25- 50-7596 75-10096 Parernera li(�ed? Y � %dripline w/fill sa'I: 096 10-2596 25-5096 75% 75-10096 . %dripline grade lowere� 096 10-25 25-5096 5Q7596 75-10096 Soil problerr�s:�drairege O shallow�compacted O drougMy ❑�ne ❑alkaline ❑acidk ❑small vohnne ❑�isease� ❑histcxy�fail ❑ctay ❑e�i�e ❑slope ' aspect: obstructions: ❑lights �signage O Iine-of-sight O view ❑ove�t►ead iines ❑undergraxrcf utilibes �vaffic�adjacent v�eg. ❑ Exposiae oo wmd: ❑�ngle vee 0 below canopy ❑above canopy ❑recernfy exposed J�windrrard.cano�r edge 0 area prone to ruindtlxow Prevailing wind directian: _�,f� Occurrence of sraw(Ke siorms ❑never O seldom ,�,f regularly TARGEf Use Under Tree: �buildirx� �parking �vaffic �pedesUian O recreation�landstape (�hardscape R�J small feaUres ❑�Aili�r lines Can tuget be moved? Y � Can use be ratricted? Y (� Occupanry: ❑occasional use ❑i�mitcern use �(frequent use ❑constant use The IMemational Society d Arboriculture assumes no responsi6ility f�condusions or recommendations deri�ed from use of this form. . � TRE� DEFECTS ROOT DEFEL75; Sttspett raot rot Y� Nk�rooM�present: Y � ID: E:posed mots: ❑severe �moderate �bw Undamined: ❑sevee �,rtiode�ate ❑low Root pru�ed: dist�nce from mnk Root area� 96 Bultress wanded: Y N ViRmn: Restrictea root area: O severe �rnoderate ❑bw Pctential fa roac faihr�e: 0 se+re�e O moderate ,�low LEAAk_�� deg.fram vertical ❑na�ral ❑uu�aaral �sdF-carrected Soil hesvig Y �I Oecay in piane o(leart: Y N Roots brofre� Y N Soil aaclting: Y N �'��� ��,: ❑� o� o� CROWIY DEFFCTS: I nd�icate p�esence of in�vidual defects and rate tt�eir severity(s=se+rer�m=moderaoe.I=low) DffECf ROOT CRO�WN TRUNK SCAFFOLDS BRAN(�IES Poor Bow. CodominaMSJforks ' e attachrt�ents ft�ded bark Excessive end wei Cracks! IiLs H Gird' Wa,ndslseam Conkslmuslxoomslbrack� Bleed' flaw Looselcracked bark N ' Fwlelbee hive Deadwaodlstubs Barersltermitesl2nts Cankersl allslburls Previous failure HAZARD RATING Tree part most I�Cely co fail: d �► faifure potential: 1 -low;2-medium:3-high;4-severe Inspection period; annual biarxnial otF�r Si�af part 1 -<6'(15 cm);2-6-18"(15-45 cm); Failure Poter�ial+5ize of Part+Target Rating=Hazard RatirKj 3-18-30"(45-75 an):4->30"(75 cm) 3 Target�ating: 1 -occasional use:2 irmerrrtitt�t use: +�+ 3 =� 3-frequent use:4-constaM use HAZARD ABATEMENT Pnm� ❑remove defective p�t ❑reduce end weight ❑aown clean ❑thin ❑raise canopy ❑crovm reduce p resbUC�re ❑shape CablelBrace: Inspect hafher: ❑root aoNm ❑decay �aerial ❑monita Remove Vee:� N Replace? Y N Move target: Y Q Other: Eftect on adjacent trees: ❑none ❑evaluate Notifiption: �awner O manager ❑govemirxJ agency Date: COMMENTS . � U�� �� - rP Todd Prager From: Phil Hickey [ph@halsteadsarbor.com] Sent: Friday, July 30, 2010 9:30 AM To: Todd Prager; Albert Shields Cc: Len Dalton Subject: 8/1/10 TPZ Report-White Oak Partition Reference: Required Site Inspection& TPZ Report Location: White Oak Subdivision Partition- 11026 SW 74th Avenue, Tigard Subject: August 2010 - 1 st Period TPZ Reporting Developer: Dalton Gang Homes, LLC Contact: Mr. Len Dalton (503) 209-8869 Todd, The Tree Protection Zones have been inspected on 7/29/10 and the tree protection fencing is intact for the preserved trees as required. Reporting Activiry.• Since the last report, the preserved trees numbered N1, N2, &N3 have been removed by the developer as was previously agreed. Also, one of the neighboring trees to the south of the project,tree numbered N7 has died of what appears to be a combination of bark beetle damage and sapsucker damage. No construction impacts to this tree have occurred and the Tree Protection Fencing is still in place and protecting the other neighboring trees. Tree N7 was a large, 40 foot tall scotch pine. From what I could observe from over the fence, there are multiple pitch tubes along the trunk of the tree near the base indicative of beetle damage, as well as multiple horizontal rows of holes girdling the trunk at 15 feet above ground indicative of sapsucker damage. My guess is that the beetle infestation was probably introduced from the considerable amounts of firewood (maybe 6 cord or more) stacked up against the wall of the neighboring business building. The firewood was probably harboring the beetles when it was delivered and the beetles needed a fresh host. The sapsucker damage is fairly common on scotch pines (as well as other tree species) and does weaken the tree's vascular system. If the girdling on the trunk is severe enough, it can cause blockages of water/photosynthate/phloem movement into the lower parts of the tree resulting in very poor health and in extreme cases, death of the host tree. The remaining preserved trees continue to appear healthy and stable. Thank you, Phil Hickey Project Consulting Arborist i ISA Board Certified Master Arborist PN-1604B Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, OR 97062 TEL (503) 245-1383 FAX (503) 691-6539 z Albert Shields From: Phil Hickey [ph@halsteadsarbor.com] Sent: Monday, August 30, 2010 12:58 PM To: Todd Prager; Albert Shields Cc: Len Dalton Subject: 9/1/10 TPZ Report - White Oak Village Subdivision Partition Reference: Required Site Inspection & TPZ Report Location: White Oak Subdivision Partition - 11026 SW 74th Avenue, Tigard Subject: September 2010 - lst Period TPZ Reporting Developer: Dalton Gang Homes, LLC Contact: Mr. Len Dalton (503) 209-8869 Todd, The Tree Protection Zones have been inspected on 8/30/10 and the tree protection fencing is intact for the preserved trees as required. Reporting Activity: None since the last TPZ report. No construction impacts to preserved trees have been observed. Thank you, Phil Hickey Project Consulting Arborist ISA Board Certified Master Arborist PN-1604B Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, OR 97062 TEL (503) 245-1383 FAX (503) 691-6539 i _ .� CITY OF TIGARD ' RECEIPT � 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 � ��. o� P ; ��. Receipt Number: 179059 - 08/12/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2008-00006 Tree Replacement 1003100-48101 $1,000.00 MLP2008-00006 Misc Fee 1003100-43130 $960.D0 Total: a1,960.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1859 DADAMSKI 08l12/2010 $1,960.00 Payor: Dalton Gang Homes Total Payments: $1,960.00 Balance Due: $4,841.00 Page 1 of 1 I . � Albert Shields � �' From: Phil Hickey [ph@halsteadsarbor.com] Sent: Tuesday, October 05, 2010 10:41 AM To: Todd Prager; Albert Shields Cc: Len Dalton Subject: '`""`Delayed*'"' 10/1/10 TPZ Report(Final) -White Oak Village Partition Reference: Required Site Inspection & TPZ Report Location: White Oak Slibdivision Partition - 11026 SW 74th Avenue, Tigard Subject: October 2010 - lst Period TPZ Reporting I)eveloper: Dalton Gan�; Homes, LLC Contact: Mr. Len Dalton (503) 209-8869 Todd, The Tree Protection Zones were inspected on October 1 st as required, but there was an unauthorized entry to the TPL by the Developer, as you have already been informed. T have reinspected the TPZ earlier today (10/5/10) and the protection fencing on the far east side of the project (other lot partition) has been partially restored and the protection fencing for the neighboring trees on the south side of the project is still completely removed. Reporting�clivity: A ncw permanent cedar fence has been installed around the perimeter of the project and through both TPZ's. The fence was installed on fenceposts approximately 8 feet on centers and I didn't notice any exposed roots of the preserved trees following this construction. I was not on-site during the work, so I was not able to observe if any large ancharing roots or feeder root masses were extensively damaged during the installation. The house foundation along the south side of the house has now been backfilled using a tracked machine through the dismantled TPZ and soil compaction is evident. Furthermore during my visit today, the landscaping crew was on-site in the process of installing a row of 10 foot tall arborvitae plants along the south side of the house through the dismantled TPZ. Rc�sults: I do not believe (from my visual inspection only) that the trees and their critical root zones have been irreversibly damaged from the recent work in the TPZ's provided they are therapeutically deep root fertilized and soil aeration occurrs following landscaping completion. The neighboring trees along the south side of the project, as well as all preserved trees on site should be fine from impacts from landscaping, as long as no anchoring roots larger than 3 inches in diameter are severed during any hand digging or soil excavation for plants, and no trenching occurs within driplines of preserved trees from irrigation or other utility installations causing damage to feeder or anchoring roots. i t . The Developer has informed me t�_ .ie is in his final stages of building an. , requested that this correspondance be the last (final) TPZ Report for the project. If you have any questions, please contact me at your convenience. Thank you, Phil Hickey Project Consulting Arborist ISA Board Certified Master Arborist PN-1604B Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, OR 97062 TEL (503) 245-1383 FAX (503) 691-6539 z � �� � ��`�1 After recording return to: � C� � � DD�D White Oak Village LLC DD�-� � 7955 SW Hall Boulevard � Beaverton, OR 97008 RECIPROCAL ACCESS 8 UTILITY EASEMENT AND MAINTENANCE AGREEMENT WHEREAS, the undersigned White Oak Village, LLC as owner of the tract of land in Washington County Oregon,which tract is known as Partition Plat 2009 WHEREAS,as shown on the Partition Plat noted above a shared access 8�utilityeasement for the benefit of both parcels. WHEREAS, it is the desire of the parties to subject both parcels to a Maintenance Agreement(Herein further referred to as Agreement)to provide for the maintenance and repair of the shared access & utility sasement, NOW, THEREFORE, it is hereby agreed as follows: 1. The Agreement shall be in perpetuity,or until such time as the easement is dedicated to and accepted by City of Tigard for maintenance, and the parties hereto,their heirs,assigns and successors in interest may not withdraw from nor dissolve this Agreement without the written approval of City of Tigard. 2. This Agreement is equally binding upon the present and future owners of the within described real property and shall run with the land and be a continuing charge against said land and each and every portion thereof. 3. This Agreement affects Parcels 1 and 2 in Partition Plat 2009 , and the costs and repair and maintenance shall be borne and shared equally by said lots, that is to say,each lot shall pay equal costs of repair. IN WITNESS HEREOF,the undersigned, being the Declarant herein, has hereunto set its hand this day of , 2009. White Oak Village LLC State of Oregon, Counry of Washington )ss This instrument was acknowledged before me on , 2009 by as of and does acknowledge said instrument to be his voluntary act and deed. Notary Public for Oregon