HomeMy WebLinkAboutMLP2008-00002 " RE-ISSLJED NOTICE"
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NOTICE OF TYPE II DECISION :
MINOR LAND PARTITION (MLP) 2008-00002
FIFTH AVENUE INVESTMENTS LLC PARTITION
THIS DECISION HAS BEEN RE-ISSUED DLJE TO INCORRECI' DATES OF ISSUANCE AND
APPEAL DATES IN THE PREVIOUS NOTICE. THE NEW DATES IN THIS NOTICE REFLECT
THE ACCURATE DATE OF ISSUANCE AND THE APPEAL PERIOD HAS BEEN EXTENDED
ACCORDINGLY.
120 D YS =7 2 2008
SECTION I. APPLICATION SiJMMARY
FILE NAME: FIFTH AVENLIE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,G04 square feet, 8,784 square
feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments,LLC APPLICANT'S Harris-McMonagle Associates,Inc.
OWNER: Attn:Robert and Diana Hoober REP: Attn: Steve Bloomquist
P.O.Box 1637 12555 SW Hall Boulevard
Tualatin,OR 97062 Tigard, OR 97223
ZONING
DESIGNATION: R 4.5: Low-DensityResidential District. The R 4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a ininirnum lot size
of 7,500 square feet. Duplexes and attached single-family units are pernutted conditionally.
Some civic and institutional uses are also pemutted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington County Tax Map?S 102DD,Tax Lot 01600.
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation);
18J15 (Densiry Computations); 18J25 (Envirorunental Perfoni�azice Standards�; 18J30
(Exceptions to Development Standards); 18.745 (Landscaping and Screening�; 18.765 (Off-
Street parking and Loading Requirements); 18J90 (Tree Removal); 18J95 (Visual Clearance
Areas); and 18.810 (Street and LJtilityImprovement Standards).
SECTION II. DECISION
Notice is hereby�iven that the City of �gard Gommunity Development Director's desi�nee has APPROVED the
above request subject to certain conditions. The findin�s and conclusions on which the decision is based are noted in
Section V.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENLJE INVESTMENTS LLC PARTITION PAGE 1 OF 23
I
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit it, a ong wi any suppo�n ocuments an or p ans
that address the tollowing re�quirements to the CURRENT PLANNING �IVISION, ATTN: C�ary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall cleady identify where in the submittal the
required information is found:
1. Prior to final plat, the applicant shall submit a revised mitigation plan reflecting the proposed 20 percent tree
retention. In addrtion, applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent
value of miti ation re� quu-ed. Any�trees successfullyplanted on or off-site, in accordance with an a�proved Tree
Mitigation P�in and TDC 18J90.060.D,will be credited against the assurance two years after all o the trees are
�lanted per the approved Tree Mitigation Plan. The Tree Mitigation Plan shall include a signature of ap proval
rorn the pro�ect arborist and be due for review and approval prior to tree planting or the �ssuance of building
permits, wl�uchever is first. The mitigation proposal shall show the species, location, and spacing of mitigation
trees u1 relation to buildings, infrastructure, ex�sting trees, street trees, and each other. After the plan is
approved and the trees are planted,the_project arbonst shall submit a letter to the City Arborist to certify that all
o�the rruugauon trees were properly pl�anted per the approved Tree Mitigauon Plan uz order to set the starting
point of the two year tree establishment penod. After the two vear establishment period, the applicant shaIl
provide a re-inventory of the miti ation trees conducted by a certified arborist in order to document rrutigauon
tree survival, and compliance wit� the approved Tree Mitigauon Plan. The rema,n;ng value of caliper uzches
not successfullymitigated shall be paid as a fee u�-heu of plantulg from the original cash assurance.
2. Prior to final plat approval, the applicant shall submit a tree and landsca e protection plan that clearly
identifies ex�sting trees and ma�or vegetation to remain (both on and off-site�, and the methods that will be
used to protect them. The tree and landscape protection plan should include a signature of approval from
the pro�ect arbonst.
3. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the Caty
Arborist's comments on tree species, locauon, and spacing and include a note on the plans to the effect 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.
4. Prior to final plat approval, the applicant shall submit a landscape plan showing a screen along the northern
property line in accordance with Section 18.745.050.
S. Prior to final plat approval, the applicant shall submit satisfactory legal evidence demonstrating the jouit access
use of the proposed access easement across Lot# 1 forthe benetit of Lots #2 and#3.
6. The applicant shall submit a revised preluninary plat showing the visual clearance areas as deterniined in Section
18.795.D40, where the area is described as a tnangle 30-feet deep along the centerline of the access way and 30
feet each side of the centerline along the right-of-way line.
The applicant shall prepare a cover letter and submit it, along with any su oitin documents and/or plans
that address the }ollowin requirements to the ENGINEERING �EP�TMENT, ATTN: -KIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall cleady identify where in the submittal the
required information is found:
7. Prior to commencing onsite improvements, a Public Facility Improvement (PFI? pernut is required for this
�roject to cover the pedestrian connecuon, utiliry connections and any other work u-i the public right-of-way.
ix (6�)�sets of detailed public improvement plans shall be submitted for review to the Engineenng Department.
NOTE: these plans are in addition to any drawings re quired by the Building Division and should only include
sheets relevant to public improvements. 1'ublic Facility Improvement (PFI) perrrut plans shall conform to Ciry
of Tigard Public Improvement Design Standards, wIuch are available at Cary Hall and the Cit}�s web page
�www.t i�a ra-�r.��v�.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENUE INVEST1vIENTS LLC PARTITION PAGE 2 OF 23
8. The PFI permit plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate enury who will be designatec�as the "Permittee", and who wiIl provide the financial
assurance for the public unprovements. For example, specify if the entiry is a co oration, lirruted partnership,
LLC, etc. Also spec�fy the state withul which the entity is uicorporated and prov�e the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineering Department will delay processing
of pro�ect documents.
9. The applicant shall provide a construction vehicle access and parking plan for approval by the Ciry Engineer.
The purpose of this plan u for parkuig and traffic control during the pubhc improvement construcuon phase.
10. The CiryEngineer maydeternune the necessityfor,and re uire submittal and approval of,a construction access
and parking plan for the home building hase. If the C.�ry�ngineer deems such a plan necessary,the applicant
shall provide the plan pnor to issuance o�building perrruts.
ll. 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 followmg frontage unprovements along SW
Edgewood Street as a pan of this project:
A. street trees in the f uture planter strip area spaced per TDC reguirements;
B. streetlight layout by apphcant's engineer,to be approved by C:iry Engineer, and
G driveway apron (if appIicable).
12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Faciliry
Improvement perrrut indicating that they will construct a 5 foot wide concrete sidewalk along their north
propercy line trom SW Edgewood Street to the paved surface of SW Regina Lane including a stauway to
accommodate the grade chang e at the property line. The plaris shall also include pec�estrian path signs at SW
Edgewood Street and SW Hall Boulevard.
13. Prior to final plat approval, the applicant shall paythe addressing fee. (STAFF CONTACI': BethanyStewart,
Engineering).
14. Prior to final plat approeal, the applicant shall provide a public pedestrian path easement along their north
property line to accommodate a 5 foot wide concrete pedestnan path.
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the f uture
improvements of SW Edgewood Street adjacent to the subject property, when any of the following events
occur:
A. when the improvements are part of a larger project to be financed or paid for by the fom�ation of a
Local Improvement D�stnct,
B. when the unprovements are part of a larger project to be financed or paid for in whole or in part bythe
Caty or other public agency,
C when the unprovements are part of a larger project to be constructed by a third party and involves the
sharing of design and/or construction expenses by the third party owner(s) of property in addition to
the subject properry,or
D. when construction of the improvements is deemed to be approPriate by the City Engineer in
conjunction with construction of unprovements by others adjacent to the sub�ect site.
16. Lots 1-3 shall not be pemiitted to access directly onto SW Regina Lane. The applicant shall cause a statement
to be placed on the final plat to prohibit access to SW Regina Lane from Lots 1 -3.
17. The applicant shall cause a statement to be placed on the final plat to uidicate that the proposed shared
driveway will be�ointly owned and inaintained by the pnvate property owners who abut and take access f rom it.
18. The app licant's engineer shall submit a sight distance diagram for the proposed shared access on SW Edgewood
Street tor review and approval prior to final plat approval.
19. An erosion control plan shall be �rovided as part of the Public Faciliry Improvement (PFI)�permit drawings.
The plan shall conform to the Erosion Prevention and Sediment Control Design and Plaruung Manual,
February 2003 edition."
NOTICE OF DEQSION MLI'2008-00002/FITH AVENUE II�IVES'I'MENTS LLC PARTTTIOI� PAGE 3 OF 23
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Caty�s global
positiorung s}'stem (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 prec�sion as required for the subdiv�sion
plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to gnd 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 survey�ng methods.
21. Final Plat Application Submission Requirements:
A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyc�r licensed to
practice in Oregon and necessary data or narrative.
B. Attach a check ul t�e amount of the current final plat review fee (Contact Planning/Engineering Pern�it
Technicians,at (503 639-4171,ext.2421).
C The final plat and ata or narrative shall be drawn to the muiunum standards set forth by the �regon
Revised Statutes (ORS 92.05) Washin�t on County,and bythe Ciry of Tigard.
D. The right-of-waydedication{�or SW Edgewood Street, providuzg 27 feet from centerline,shall be made
on the f inal plat.
E. NOTE: Washin on County will not begin their review of the final plat until they receive notice from
the Engineering �epartment u-idicatu-ig that the City has reviewed the fulal plat and submiaed
comments to the applicant's surveyor.
F. After the City and Gounty have reviewed the final plat, submit one my1 ar copy of the final plat for Ciry
Engineer signature (for partitions), or City Enguleer and Community Development Director signatures
(for subdrv�sions).
THE FOLLOWINGCONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
e app icant s a prepare a cover etter an su mit it, a ong wi any supportin ocuments an or p ans
that address the tollowing requirements to the CURRENT PLANNING �IVISION, ATTN: C�ary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the
required inforniation is found:
22. Prior to any-site work, the applicant shall ensure all proposed tree protection fencin is installed and inspected
bythe City Forester. Fencu-ig shall remaui ui place through the duration of home b�ding. After approval from
the Caty Forester,the tree protection measures may be removed.
23. 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 diacneter galvanized iron posts, dnven ulto 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
pro�ect arbonst to protect the trees to be retained. The applicant shall allow access by the Cit�Arborist for the
purp ose of morutonng and uispection of the tree protecuon to verify that the tree protection measures are
perforn�ing adequately. Failure to follow the plan, or ina.uitau� tree protection fencing ui the designated
Iocations shall be grounds for unmediate 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 techruques to be employed and the likely unpacts to the trees. The proposa[shall be
reviewed and approved by the Crry Arborist before proposed work can proceed within a tree protection zone.
The City Arbonst may requu-e changes prior to approval. The project arbonst shall be on site while work is
occurnng withui the tree protection zone and submit a sununary report cert�fying that the work occurred per
the prop�osal and will not significantly impact the health and/or stabihty of the trees. 1�-us note shall be included
on the Tree Protection Plan.
NOTTCE OF DEQSION MLI'2008-00002/FITH AVENUE INVES'ITgNI'S LLC PARTITION PAGE 4 OF 23
�,
24. 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
actrvities from initial tree protection zone ('I'PZ) fencu-ig installation through the building construction phase.
The reports shall evaluate the condition and location ot the tree protecuon fencuig, deternune �f any changes
occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the aiTiount of TPZ was
reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the
overall, �ong-term health and stability 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 being followed by the
contractor or a sub-contractor, the C.�ty can stop work on the project until an inspection can be done by the
City Arborist and the Project Arbonst.
?5. Prior to issuance of building pemuts, the applicant or bwlder shall submit site plan drawin s indicating the
locations of trees that were preserved on the 1ot during site development. In addition, the p�ans shall include
accurate locations of tree canopy driplines and protection fencing, and a sig nature of a�pproval from the project
arborist regarding the placement and construction techiuques to be employ�d in buiIding the structures. All
proposed protection fencing shall be installed and inspected prior to commenculg construction. The fencin
shall rernaui ui place through the duration of all of the building construction phases, until the Certificate o�
Occupancy has 6een approved.
26. Prior to building permits,the applicant shall demonstrate the building height f or Lots #2 and#3 are consistent
with Secuon 18.730.020.G
27. At the time of submittal for building pernzits for individual homes within the development,the developer shall
submit site plans demonstrating that one (1) off-street parking space, which meets muvmum dimensional and
setback requu-ements as specified in Cliapter 18J65 willbe provided on-site for each new home.
The applicant shall prepare a cover letter and submit it, along with any supportin documents and/or plans
that address the }ollowin requirements to the ENGINEERING �DEP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the subinittal the
required information is found:
28. Prior to issuance of building pennits,the applicant shall provide the Engineering Division with a paper copy of
the recorded final plat.
29. Prior to issuance of building pernzits, the applicant shall provide the Cit�with as-built drawings of the public
im�pro��vements as follows: 1) 3 rrul my�lar 2� a diskette of the as-builts in`DWG" forniat, if available;otherwise
"i3XF" will be acceptable, and 3) the as-�uilt drawing s shall be tied to the Cit�s GPS network The applicant's
engineer shall provide the Csry with an electronic file with points for each structure (inanholes, catch basins,
water valves hydrants and other water system feanu-es) in the development, and their respective X and Y State
Plane Coorc�inates,referenced to NAD 83 (91).
30. The applicant shall pro��ide si nage at the entrance of each shared flag lot driveway or private street that lists the
addresses that are served by t�e grven dnveway or street.
31. The app licant shall either place the e�vsting overhead utility lines along SW Edgewood Street underground as a
part ot th�s pro�ect, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the
trontage of the site that is parallel to the ut�ty lines and will be $35.00 per lineal foot. .If the fee option is
chosen,the amount will be $3,990.00 and it shall be paid prior to issuance of biulding perrruts.
32. During issuance of the building perniit for Parcels 2 and 3,the applicant shall paythe standard water quality and
water quantityfees per lot (fee amounts will be the latest approved byC,'WS).
PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app icant s a prepare a cover etter an su mit it, a ong wi any suppordn ocuments an or p ans
t�iat address the tollowing re�quirements to the CLJRRENT PLANNING �IVISION, ATTN: Cfary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in die submittal the
required information is found:
33. Prior to final inspection for each lot, the applicant shall submit a final report bythe Project Arborist certifying
the health of protected trees and that the street trees were properly planted per the approved street tree plan.
NOTTC�OF DEQSION MLI'2008-00002/FITHAVENLJE 1NVEST'MEI�TS LLCPARTITION PAGE 5 OF 23
Tree protection ineastu-es may be removed and final inspection authorized upon review and approval by the
City Arborist.
34. Prior to final irLSpection, the applicant shall submit a letter to the City from Tualatin Valley Fire & Rescue
�I'VF&R) demonstrating that the e�sting fire hydrant is capable of providing the necessary fire flow demand.
35. Prior to final inspection for each lot, the a�plicant/owner shall record a deed restrictions for each lot to the
effect that any ex�stuig tree greater than 6 diameter may be removed only if the tree dies or is hazardous
according to a cert�fied arbonst. 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.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED LJNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Propert�Histor�
The sub�ect site consists of a single lot located within the City of Tigard. The property is designated Low Density
Residential on the Tigard Comprehensrve Plan Map. The sub�ect lot was developed with a suigIe-family dwelling u�
1966.No land use approvals were found on file.
Site Infomiation and Pro osal Descri tion
The su ject parce is appr_oximate � 0 eet nonhwest of Pinebrook Creek, a tributary of Fanno Creek, and 1,000 feet
west of Fanno Creek The parce�is surrounded by land zoned R 4.5. The applicant is requesting a M►nor Land
Partition to partition the sub�ect .61-acre site uito three (3) parcels for detached suigle-family residences. There is an
e�sting singIe-fanulydwelling on the subject site which is proposed to be removed.
SECTION IV. PUBLIC COMMENTS
The City inailed notice to properry oaners within 500 feet of the sub'ect site providing them an oppomznity to
comment. One written comment was received from William and Teresa�asniewski who live north of and adjacent to
the subject site at 8860 SW Edgewood Street:
While we are not pleased with the increased density to the quiet community that w�as once en'oyed on
the short Edgewood Street, we are fully aware that the metropolitan area includulg the Cary of�i�ard �s
pressing for these developments. If it must become a reality, please at a mmimum COriSlder the
}ollowing points when des�gnuig the configuration that will be approved.
Point 1: Tigard promotes itself as a city of trees with many scheduled planting efforts coordinated
over the past few yeais or more. As such it would be e�pected that the large healthy
redwood that is very close to the street were not removed. C;ontractors often look at such
trees as a source of profit and will make any excuse to show cause for removal. If they
would take the approach of Frank Lloyd Wri�ght and configure the building around the
nanu-al surroundings both the trees and the buildings themselves would improve the v�sual
appeal of the community instead of the ugly appearance of pill box houses squeezed nem to
each other.
Point 2: A number of years ago a.proposal was made to run a street from Hall to Edgewood
through the property on this MLP request. The signatures collected at that time agauist the
proposal are on record and the altematrve plan roposed by the citizens should be retained
as the pennanent plan. That suggestion �s st� vahd and the poults agau�st the through
street are also still valid. In addition,such a road would create undesirable traffic next to the
existing residence unmediately to the north of this property. The access road to the
additional houses would then be posiuoned in such a manner to not disturb the tree
mentioned above nor create undesirable traffic volume.
NOTTCE OF DEQSION IvSLP2008-00002/FITHAVENUE II�'VES'IIv1EN15 LLCPARTITION PAGE 60F 23
.
RESPONSE: The applicant proposes to retain the Giant Sequoia on proposed Lot# l.
The City� has recently deve_lop e.d SW Wall Street in association with the City Library. The street spacing
standards applicable to SW Hall require closure of driveway�s and other access when possible, if the distance
between accesses is less than 600 feet. At some point in the future, SW Wall S'treet w�ll contuiue through the
intersection with SW Hall when the adjacent properties develop at which time Re�ina Lane will be closed to
Hall and alternative access to the two existing homes will be provided. As a resuCt, only access to proposed
lots #2 and # 3 created with this minor land partition w�ill impact the properry to the north. The proposed
access would not impact the existing Giant Sequoia.
SECTIONV. APPLICABLEREVIEWCRITERIAANDFINDINGS
Land Partitions �18.4201:
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comp l�y with all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within this adinuvstrative 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 & Utiliry Improvement
Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the
proposal. Therefore,this crnenon�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 Cllapter
18.810 (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 anal}�sis in tlus dec�sion,Staff finds that this critenon�s 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
district
The iniiumum lot width required for the R 4.5 zoning district is 50 feet. Parcels # 1 and 2 are 77 feet in width; parcel
#3 is 73 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 in'uiunum lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached
single-family units. The pr_oposed partition creates two lots (not incluciing the accesswa}� that are 7,552 square feet and
one at 8,604 square feet.Therefore,this critenon has been met.
Each lot created through the paitition process shall front a public right-of-way by at least 15 feet or have a
legally recorded minimum 15-foot wide access easemen�
The proposed partition plat (Sheet 3 of 7) illustrates that the proposed parcels meet this standard as Parcel# 1 has 114
feet on SW Edgewood Street and Parcels #2 and 3 have access from a 16-foot access easement.
NOTI(�OF DEQSION MII'2008-00002/FITHAVENLJE INVES'I'MEN'I'S LLC PAR'ITTION PAGE 7 OF 23
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 included building envelopes for each parcel demonstratin that the required setbacks
could be met. Setback standards for the proposed lots will be reviewed at the time o�building pem-ut submittal.
Therefore,this criterion is met.
When the partitioned lot is a flag lot,the developer may deterrnine 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�mize separation from
existing structures.
A flag lot is proposed for Parcels #2 and #3. The building envelopes shown on the prel'uninary plan identifies the
north side as the front a�th 10 foot side yards to the east and west,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 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
developinent
The roposed access drive for lots #2 and#3 is shown on the Prel'unina Plat (S�heet 3 of 7 as being�located within 10
feet of the adjacent property. The applicant's Grading Plan shows a reta�u�g a-all along the pro�pertyline (Sheet 4 of 7).
The applicant s narratrve proposes a b-foot good neighbor fence,consistent w�th th�s standard. Therefore,to ensure th�s
condition is met, the applicant shall subirut a landscape plan sliowuig a privacy screen along tlie property 1'uie ui
accordance with Section I8.745.050.
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 �IVF&R) has reviewed the proposal and provided the following comment: "The muiunum available
fire flow for sin le fainily daellings and duplexes served by a murucip al water supp�ly shall be 1,000 gallons per minute.
If the structure s) �s (are) 3,600 square feet or larger, the required fire flow shall be deternuned accorduig to IFC
A endix B. I�C B105.1) The nearest fu�e hydrant as shoan on the submitted draa�ings must be able to provide the
reqPired fire �ow demand." �
Therefore, as a condition of approval, the applicant shall submit a letter to the City from TVF&R demonstrating that
the e�cisting fire hydrant is capable of providing the necessary fire flow demand.
Where a conunon drive is to be provided to serve more than one lot, a �ciprocal easement which will ensure
access and maintenance rights shall be recorded with the approved partition map.
The applicant proposes a shared access to lots #2 and #3. A reciprocal easement to ensure access and mauitenance
recorded with the paniuon plat has been conditioned in the Access, Egress, and Circulation section of this decision,
consistent with this standard.
Any access way shall coinply with the standards set foith in Chapter 18J05,Access, Egress and Circulation.
This standard is addressed under Chapter 18J05 (Access,Egress and Cu-culation) 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 m accorciance with the adopted pedestrian/bicycle pathway
plan.
The subject lot is located between elevations 176 and 189 feet and is approximately 900 feet west of the one-hundred-
year floodplain at elevation 141 feet. Therefore,this standard does not apply.
An application for a variance to the standa�s prescribed in this chapter shall be made in accordance with
Chapter 18.370,Variances and Adjustrnents. The applications for the pa�tion and variance(s)/adjustment(s)
will be processed concurnendy.
NOTIC�OF DEQSION b'II1'2008-00002/FITH AVENLTE INVESTMEN'IS LLC PARTITTON PAGE 8 OF 23
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 uzdicated in the above findings and required in the following conditions of approval.
CONDITIONS:
. The applicant shall submit a revised landscape plan showing a screen along the property line in
accordance with Section 18.745.050.
. The applicant shall submit a letter to the Ciry from TVF&R demonstrating that the existing fire
hydrant is capable af providing the necessary f u-e fl�w 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
STANDAftD R-4.5 Pa�ell Parcel2 Pacrel3
Minimum Lot Size
- Detached unit 7,500 sq.fr, 7,555 sq.ft. 7,555 sq.ft. 9,055 sq.fr.
- Duplexes 10,000 sq.ft.
- Attached unit
Average Minimuin Lot Width
- Detached unit lots 50 ft. 77 ft. 77 ft. 73 fc.
- Duplex lots 90 ft.
- Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Setbacks
- Front ya�1 20 ft. Per Per Per
- Side facing street on comer&through lots 15 ft. Bldg. Bldg. Bldg.
- Side yard 5 fL Permit Pemut Pemut Reviea•
- Rear ya�d 15 fL Review Review
- Side or rear yard abutting more restrictive zoning dishict --
- Distance between property line and front of garage 20 ft.
-Side Yan�Setbacks forFla Lots TDC 18.420.050 A 4 e 10 ft,
Ma�cimum Hei ht 30 ft. 30 ft. 30 ft. 30 ft.
Minimum Landsca e Re uirement - NA NA NA
FINDING: The proposed lots meet the applicable development standards for the R 4.5 zone. Two fla�g lots are
proposed for Lots #2 and #3. These lots will be subject to the Building Heights and Flag Lots
standards (18.730.020.G�, which are addressed below in the Exceptions to Development Standards
section of this decis�on. No specific development is proposed at this time. The building envelopes
shown on the Prelimu7ar� Plat (Sheet 3 of 7� indicate the development standards can be met. Rny
proposed development ot the subject lots will be reviewed for cons�stency at the time of building
pernvt apphcation.
Access,Egress and Cirrulation(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 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, Washington County,the City and AASH�O.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVES`IMEN'I5 LLC PARTTTION PAGE 9 OF 23
A preluninarysight distance certification for the shared drivewaywas submitted byHarris-McMonagle Associates dated
Febniary 20, 2008. The speed limit on a local street is 25 mph, requuing a nununum sight distance of 250 feet in each
direcuon.
The proposed access is shown located 140 feet north of the 90 degree turn on SW Edgewood Street. The engineer
states that the sight distance from the proposed access point was measured to be 250 feet in both directions. Because
of the geometry of the road to the south the applicant's enguieer shall submit a diagram to show how sight distance of
250 feet can be achieved. This shall be submitted pnor to�ssuance of building pemuts.
All driveways are shown to access SW Edgewood Street. No vehicular access will be allowed to SW Regina Lane.
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 tFiat area where 9ueues of traffic
commonly forni on ap�proach to an intersection. The minimum driveway setback from a coIIector or arterial
street intersection shall be150 feet, ineasured from the right-of-way line of the inteisecting street to the throat
of the roposed driveway. The setback may be greater depending� upon the influence area, as determined
from �ty Engineer review of a traffic impact report submitted by the applicant's traftic engineer. In a case
where a pro�ect has less than 150 feet of street frontage, the apphcant must explore any o�ption for shared
access with the adjacent pa�el. If shared access is not possible or practical, the driveway shall be placed as
far from the intersect�on as possible.
SW Edgewood Street is classified as a Neighborhood Route, which is a local street. Therefore, this criterion does not
apply.
Section 18.705.030.H.3 and 4 states that the minimum spacin of driveways and streets along a collector shall
be 200 feet� The minimum spacin��of driveways and streets a�ong an a�tenal shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 feet
The applicant is proposing a single drn-eway and a shared driveway on Edgewood, a local street. This criterion is met.
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 requirements as desi nated in this tide,provided: Satisfactory legal evidence shall be presented
in the fonn of deeds, easements, �eases or contracts to establish the �oint use; and copies of the deeds,
easements, leases or contracts are placed on pernianent file with the City.
Joint access is proposed across lot # 1 for the benefit of lots #12 and #3. The ap plicant proposes a joint access and
mauitenance agreement deta�ling�rights and responsibilities to be recorded with the final partition plat. To ensure this
standard is met the applicant shall submit sat�sfactory legal evidence demonstratuig the joint access use.
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.
All proposed lots will have direct access onto SW Edgewood Street,consistent with this standard.
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 w�ith direct access to SW Edgewood Street. Comments received from
Tualatul Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, this 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%.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVEST'MEN'I5 LLC PARTITTON PAGE 10 OF 23
The len�t h of the access drive to lot #3 is shown on the Prelinvnary Plat as approxirnately 140 feet. Therefore, this
standard does not apply.
To provide for increased traffic movement on congested streets and to eliminate tuming 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 traftic 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 Edgewood Street is a local street serving a low density residential neighborhood. There is no reason to restrict the
location of the proposed driveways. Therefore,this standard does not apply.
FINDING: The standards of the Access Management chapter have not all been satisfied. However, with
the following condition of approval,the standards can be met.
CONDITTON: The applicant shall submit satisfactory le al evidence demonstratin the joint access use of the
proposed easement across Lot# 1 for the�enefit of Lots �2 and#�
Density Computations �18.715�
A. Definition of net development area. Net development area, in acres, shall be determined by
subtractin� 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 purposes;
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 ma�umum number of residential units. To calculate the maximum ntunber of residential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet required foreach lot in die 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 detennined in Subsect�on B above by 80% (0.8).
The subject .61-acre site totals 26,571 gross square feet. There are no sensitive land areas or private streets within
the sub�ect proposal. To determule the net developable area, the square footage to accommodate Edgewood Street
right-o�way dedication (7 feet x 114 lineal feet = 798 square feet) �s deducted from the gross square footage
(26,571square feet gross - 798 square feet dedication = 25,773 net developable s uare feet). As the mirumum lot
size for the R 4.5 zone is 7,500 square feet, the maxunum number of lots �s three�25,773 square feet/7,500 square
feet/unit = 3.43 units). The m�n�mum number of lots at 80 percent is two. 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 Lot area as
proposed for lots #2 and #3 are 7,552 and 8,604 square feet respectively, cons�stent with t�vs standard. The
proposed partition creates three (3) separate lots in cor�ormance a�ith the density reqwrements.
FINDING: Based on the analysis above,the Density Computation Standarcis have been met.
Enviroruliental Perforrnance Standards (18J25�:
Requires that ederal and state environmec�laws, rules and regulations be applied to development within
the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration
and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMENPS LLC PAKTITION PAGE 11 OF 23
Visible Emissions. Widun the Conunercial zonin districts and the Industrial Park (I-P) zoning district,there
shall be no use, operation or activity which resu�ts in a stack or other point- sounce emission, other than an
einission from space heatin , or the emission of pure uncombined water (steam) which is visible from a
�grop�o lit i. Department o�Environmental Quality(DEQ) rules for visible emissions (340-21-015 and 340-
d ) PP Y
Vibration. No vibration other than that caused by highway vehicles, trains and aincraft is pernlitted in any
given zoning district which is discernible without instnunents at the property line of the use concerned.
Odo�s. The emissions of odorous ases or other matter in such quantities as to be readily detectable at an
point beyond the property line of�e use creating the odors is prohibited. DEQ rules for odors (340-028-090�
apply.
Glare and heat No direct or sky reflected glare, whether from floodli hts or from high tem erature processes
such as combustion or welding, which is visible at the lot line shal�be pemiitted, and; l�there shall be no
emission or transinission of heat or heated air which is discernible at the lot line of the soume; and 2) these
regulations shall not apply to signs or floodlights in parking areas or construction equipment at the t�me of
constiuction or excavat�on work otherwise pernutted by this tide.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a
inanner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: As this is a t}Pical detached single-family project, which is a perniitted use in the R 4-5 -r,one, ic
is anticipated that none of the envu-onmental conditions that have been listed above will be
compromised beyo nd allowable levels. The above perforniance standards are met. These
standards would be subject to code enforcement uivesugation if for some reason the above
standards were in question.
Exce tions To Develo ment St�lndards 18J30 :
ui ing eig ts i ag ots 18J3 .020. :
Limitations on the placement of residential structures on fla lots apply when a flag lot is created after
April 15, 1985 by an approved,partition. The maximuin heigh� for an atfached or detached single-family,
duplex, or multiple-facnily residential structure on a fla lot or a lot having sole access from an accessway,
private drive or easement is 1-1/2 stories or 25 feet, w�ichever is less, except that the maximum height
�nay be 2-1/2 stories or 35 feet, whichever is less, provided:
. The prop osed dwelling otherwise complies with the applicable dimensional requirements of the
zonin� dstrict;
. A 10 teet side yard will be preserved?
. 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
. Windows 1� 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 mi�igating direct
views, or that such trees exist and will be preserved.
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.�0.030 D.
The tree planting a reement shall be a condition of Chapter 18.360, Site Development Review, for three or
more attached uni� or a multiple-family residential sfructure, or, at the time of issuance of building
permits, for single detached units, one duplex or two attached residential units.
FINDING: The applicant has shown in the Prelimuiary Plat (Sheet 3 of 7) that 10-foot sideyards will be
preserved on lot #3, but 5-foot side yards are shown on lot #2. Both lots #2 and #3 are flag
Iots. It appears that dwellin s on adjacent properties are more than 50 feet from the building
envelope, as shown on lot �2, but less than 56 feet from lot #3. Therefore, the flag lot height
limitation may apply to propo� sed lot#3. However the setbacks must be conf irmed at the time
of building pernut review. To ensure this standarc� is met, the applicant shall demonstrate the
building height is consistent with the Section 18.730.020.�
NOTTC�OF DEQSION MI.P2008-00002/FITHAVENLJE INVESTMENPS LLCPARTTT[ON PAGE 12 OF 23
CONDITTON: Prior to building pernuts, the applicant shall deinonstrate the building heights and setbacks for
flag lots #2 and#3 are cons�stent with the Section 18.730.020.C.
Landscaping and Screenin 18.745�
�aisting vegetation on a si s a e protected as much as possible: 1) Tlie developer shall pro�zde 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 randsca�pe plans (e. ., areas not to be disturbed can be fenced, as in snow fencing
which can be placed around the indvidual trees�.
The applicant plans on retairung a 62" Giant Sequoia on the western portion of the property adjacent to SW Edgewood
Street. The applicant s Grading and Tree Protection Plan (Sheet 4 of 7) shows this tree and propeny line trees on the
south and east portion of the property The Plan shows tree protection fencing for these trees. To ensure tree
protection is adequate,the applicant shall submit a revised plan which includes a signature of approval from the project
arborist.
Street Trees: Section 18.745.040
Section 18.745.040.A: All development projects fronting on a public stree private street or a private driveway
more than 100 feet in length approved after the adopt�on of fhis tide sha�be required to plant street trees in
accordance with the standards in Section 18.745.040G
The ap p.licant's Tree Miti�ation.Plan (Sheet 6 of 7) shows Redbud proPosed for the SW Edgewood Street frontage and
Magnol�a grandiflora for the pnvate drive consistent with this standard. The City Arborist's comments on tree spacing
suggest a note be included on the plans to the effect that sli ht variations Ln�placement may be required due to
dnveways, utilities, etc., but every attempt will be made to keep t�e same net num6er of street trees that are shown on
the plans.
Buffering and Screening Requirements: Section 18.745.050.5
The pro osed land partition occurs on a parcel surrounded by the same land use designation (R 4.5) as the subject
parcel. �erefore, no buffering or screening pursuant to. Section 18J45.050.A is required for the proposed land
partition. However, as conditioned above,privacy screening�s required putsuant to Section 18.420.050.A.4.f.
FINDING: The landscape and Screening standards have not all been met. However, with conditions of
approval requu-ing protection of existing vegetation and planting of street trees along SW
Edgewood Street and the proposed access for lots #2 and#3,the cntena can be met.
C,,ONDITIONS:
. The �plicant,shall submit a revised tree and landscape protection plan that clearly
ident ies existuig�trees and ma�or vegetation to remain (both on and off-site),,and the
methods that will be used to protect them. The tree and landscape protection plan
should include a signature of approval from the project arborist.
. The applicant shall submit a revised street tree plan consistent with the Ciry Arborist's
comments on tree species, location, and spacing and ulclude a note on the plans to the
effect that slight vanations u-i placement may be requu-ed due to driveways, utiltties, etc.,
but every attempt will be made to keep the same net number of street trees that are
shown on the plans.
Off-Street Parking And Loadin�Reauirements (18.765):
This Chapter is applicable for deve opment pro�ects when there is new construction, expansion of e�sting
use, or cliange ot use in accordance with Sect�on 18.765.070 Minimum and Maximwn Off-Street Parking
Requirements.
FINDING: The proposed project will create 3 new lots for single-familyconstruction. Submittals of detailed
pl�ans for the construction of any home within the development are not necessary at this time.
Table 18.765.2 requires that one (1) off-street�parkin space be provided per detached dwelling
unit. There is no inaxunum lurut on parking allowed�or detached sin le-family dwellulgs. There
is also no bicycle parking requirement for single-family dwellings. St�f notes that there is a 20-
foot required setback from the face of garages to property luies in all residential zones. To ensure
that homes constructed in tivs development complywith these standards, the following condition
shall apply.
NOTI(�OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMEN'IS LLC PARTTTION PAGE 13 OF 23
CONDITION: At the time of subinittal for building permits for individual homes within the developm� ent, the
developer shall submit materiaLs demonstratuig that one (�1) off-street parking space which meets
miiuinum dimensional and setback requirements as specitied in Chapter 18.765 will be provided
on-site for each new home.
Tree Removal(18.790):
A tree plan or the planting:removal and protection of trees prepared by a certified arfiorist shall be provided
for any lot, parcel or combination of lots or pa�els for which a develop ment ap plication for a subdivision
partition, site development review, planned development or conditionai use is tiled. Protection is prefernec�
over removal wherever possible.
As required, the applicant has provided a tree plan conducted by Kay Kiny�n, a certified arborist. The Tree Removal
plan inventones the existing trees on the subject site and those proposed tor removal (Grading and Tree Preservation
I'lan,Sheet 4 of 7).
The report indicates that 4 of 5 regulated trees (over 12" non-hazardous and non-fnut bearing� will be removed. This
represents 20% retenuon, not 46.9% as indicated by the applicant. 20% retention reqwres rruugation of 100% of the
inches removed. Therefore, the applicant is required to �uugate for all 70 inches removed. As a condition of approval,
the applicant shall submit a revised miugauon plan reflecting the proposed 20 percent tree retention.
Finally, since the mitigation proposal is a tree plan requu-ement, it needs a signature of ap roval from the pro�ect
arbonst certifying that the species and placement of rrutigauon trees has been reasonably calc�ted to provide for t�eir
growth to matunty.
The tree protection details on Sheet 4 of 7, dated February 29, 2008, lists the height of the fence as 4' minimum.
However,the Crty requu�es a muumum height of 5'. Therefore, the applicant shall rev�se theu-tree protection fence
detail to show it as 5'inulunum height.
Also, there apPears to be some slight grading proposed within the tree protection zone in the southeast portion of
the property. Please have the applicant rev�se the plan so there is no graduig within the tree protection zone. This
can not be accomplished by reducing the size of the tree protection zone without 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 18J90.030, or as a condition of
a� pproval for a conditional use, and shall not be subject to removal under any other section of this chapter.
The propeity owner shall record a deed restriction as a condition of approval of any development pernut
affected by this section to the effect that such tree may be reinoved only if the tree dies or is hazardous
accorciing to a certified atfiorist� The deed restriction may be recnoved or will be considered invalid if a tree
preseived in accor�dance with this section should either die or be removed as a hazardous tree. The form of
th�s deed restriction shall be subject to approval by the Director.
A condition of approval a�ill ensure that this standard is met.
FINDING: Based on the analysis above, the Tree Removal Standards have not all been met. To ensure
these standards are met,the applicant shall satisfythe following conditions of approval:
CONDITIONS:
. Prior to final plat, the applicant shall submit a revised mitigation plan reflecting the
�roposed 20 percent tree retenuon. In addition, applicant shaIl subrrut a cash assurance
letter of credit or cash deposit) for the equivalent value of mitigation required. Any
trees successfully planted on or off-site in accordance with an approved Tree
Mitigation Plan andTDC 18J90.060.D,wil� be credited agau�st the assurance twoyears
after all of the trees are planted per the approved Tree Mitigation Plan. The Tree
Mit� ation Plan shall include a signature of approval from the project arborist and be
due�or review and approval pnor to tree planting or the issuance of building pern�its,
whichever is first. The mitigation proposaCshall show the species,location, and spacing
of mitigation trees in relation to buildmgs, inf rastructure, ex�stu�g trees, street trees, and
each other. After the plan is approved and the trees are planted, the project arborist
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENiJE INVESTMENT'S LLCPARTTTION PAGE 14 OF 23
shall submit a letter to the City Arborist to certify that.all of the mitigation trees were
properly planted per the approved Tree Mitiga�tion Plan u-i order to set the starting point
of the twoye ar tree estabGshment period. Atter the two year establishment period, the
applicant.shall provide a re-inventory of the mitigation trees conducted by a cert�fied
arborist u-i order to document rrutigation tree survival, and compliance with the
approved Tree Mitigation Plan. The remauung value of caliper inches not successfully
rrutigated shall be paid as a fee in-lieu of planting from the onginal cash assurance.
. 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
�alvaiuz�ed iron posts, dnven into the ground to a depth of at least 2-feet at no more
t an 10-foot spac�n . The applicant.shall po�sition fencing as directed by the pro�ect
arborist to protect t�e trees to be retamed. The applicant shall allow access by the �ty
Arborist for the purpose of morutonng and inspection of the tree protection to verify
that the tree protection measures are perfornung adequately. Failure to follow the plan,
or maintain tree protection fencing m the desig�nated locations shall be grounds for
immediate suspension of work on the site unt�l 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 techruques to be emp loyed and the likely
unpacts to the trees. The proposal shall be reviewed and approved by the Caty Arborist
be�ore proposed work can proceed within a tree protecuon zone. The City Arborist
may reqwre changes prior to approval. The project arbonst shall be on site while work
is occurnng witlun the tree protecuon zone and subrrut a sLUYUnary report certifying that
the work occurred per the proposal and will not significantly impact the health and/or
stability of the trees. T�us note shall be included on the Tree Protection Plan.
. Prior to issuance of building pernuts, the applicant or builder shall submit site plan
drawings indicating the locations of trees that were preserved on the lot durulg site
development. In addrtion, the plans shall include accurate locations of tree canopy
driplines and protection fencing, and a signature of approval from the pro'ect arbonst
regarduig the� placement and construction techrugues to be employ�d u1 �uilding the
structures. AIl proposed protection fencrog�shalI be installed and inspected prior to
commencing construction. The fencmg sha11 remain in place through the durauon 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 Arbonst certif}nng 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 ar�d fir�al uispection 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 ry Arbonst, at least once every two weeks, as the
Project Arborist morutors the construcuon activities from initial tree� protection zone
(11'Z) fencing installation through the building construction hases. The repons shall
evaluate the condition and location of the tree protecuon �encing= determine �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 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
pro�ect tintil an inspecuon can be done by the City Arborist and the Project Arbonst.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENLIE INVESTNIEN'IS LLC PARTITION PAGE 15 OF 23
. Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any existu�g tree greater than 6" diameter may be
removed only if the tree dies or is hazardous according to a certif ied arborist. The deed
restriction may be removed or w�ill be considered invalid if a tree preserved in
accordance with this decision should either die or be removed as a hazardous tree.
Vsual Clearance Areas (18.795�
This Chapter requires t a clear vision area shall be maintained on the corners of all property adjacent to
intersect�ng nght-of-ways or the intersection of a public street and a private driveway. A clear vision area
shall contain no vehicIe, hedge, pl�anting fence, wall structure, or temporary or pernzanent obstruction
exceedin three (3) feet in height �I'he co�e provides that obstructions that may be located in this area shall
be visual�y clear between 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 comer, 30-feet along the right-of-way and along the driveway and connecting these two
points with a straight line.
FINDING: The applicant's Preluninary Partition Plan (Sheet 3/7) shows a vision clearance area for the
proposed access to Parcels #2 and #3. However, the triangle area is inconsistent with this
standard. Therefore, with the following condition of approval the proposed partition can meet
the standard.
CONDITION: The applicant shall submit a revised preliminary plat showing the visual clearance areas as
detemuned in Section 18J95.040, where the area is descnbed as a trian le 30-feet deep along
the centerline of the access way and 30-feet each side of the centerline �ong the right-of-way
line.
Im�pact 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: '
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and sernces. For each public facility system and type of impact, the
study shall propose iinprovements necessary to meet City standard, and to minimize the impact of the
developcnent on the public at large, public facilities systems, and affected private property users.
In situations where the Community Develo�ment Code requires the dedication of real property interests, the
applicant shall either specifically concur with a requirement for public right-of-way dedicat�on, or provide
evidence that suppocts that the real roperty 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 reyuires t1�►e transfer to the
public of an interest in real property, the approval authority shall adopt findn gs which support the conclusion
that the interest in real property to be transferred is roughly propottional to the impact the proposed
development will have on the public.
The applicant has submitted an impact study. SW Ed ewood Street is currently uniinproved. In order to mitigate the
impact from th�s development,the applicant will provi�e a future improvement guaruitee for unprovements to the SW
Edgewood Street frontage. The applicant unll be extending sarutary sewer and storm dra.inage connecuons to the three
proposed lots to account for the additional impervious area beuzg added to the site and to rrutigate 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 by t�he collection of Systems Development Charges (SDC's) collected at the time of
building pernut usuance. Therefore,this standard can be satisfied through meeting the conditions of approval required
in this decision.
The TIF will be paid at the time of building perniits and is a mitigation measure required for new development. Based
on Washin on C.�oun fig�u-es, TTF's are ea�pected to recapture 20 percent of the traffic impact of new development on
the Collector and Artenal Street system The TIF for the proposed development is $6,D40 (2 new dwelling units x
$3,020/per dwelling unit).
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLIE INVESTME NI'S LLC PARTT7TON PAGE l6 OF 23
Based on the estimate that TTF fees cover 20% of the impact on major street improvements cirywide, a fee that would
cover 100% of this pro'ect's traffic imp act is $30,200 ($6,040 =0.20). The difference between the TTF paid and the full
impact is considered t�e tu�uruti ated impact on the street system. The unrnitigated impact of this project on the
transportation system is $24,160 �$30,200 - $6,040). The applicant will be required to rrutigate some unpacts as shown
below�
Miti�ated Costs (Estimate)
De�icat�itiona�R�g 't-of-Way($3/sf h 798 s�... ... ... ... ... ... ... .... $2,394
Sidewalk Im�rovements (S20/lf x 500 ... ... ... ... ... ... ... ... 10,000
Total Mitigate�.. ... ... ... ... ... ... ... ... ... ... ... ... .$12,394
Rou h Pro onionali
Fin act... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......�30,020
Less �Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .$6,040
Less Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 12 394
Estimate V ue o Unmitigate Impacts $11,586
Based on this analysis, the mitigated costs do not exceed the estimated value of the impacts. Therefore, the required
improvements meet the rough proponionaliry test.
PUBLIC FACILITY CONCERNS
Street And Utili � IIll rovements Standards (Section 18.810):
Chapter 18.810 provi�es construction standarcis �or the implementation of public and private facilities and
utilit�es such as streets, sewers,and drainage. The applicable standarris are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot
ri�ht-of-way width and 32-foot paved section. Other improvements required may include on-street parking,
si ewalks and bikeways, underground utilities, street lighting,storm drainage,and street trees.
This site lies adjacent to SW Edgewood Street which is classified as a local street on the City of Tigard Tr�ansportation
Plan Ma . At pr�esent, there �s approximate� 20 feet of ROW from centerline, accordin to the most recent t�
assessor'pmap. The applicant should dedicate the additional ROW requ.ired to provide 27 feegfrom centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this development, the
applicant should enter into a future street improvement agreement.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattem of existing� and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or pemut a satisfactory future
division of ad]'o- ining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street These street stubs to adjoining pro erties are not
considered to be cul-de-sacs since they are intended to continue as through streets at suc� time as the
adjoining property is developed. A barricade shall be constructed 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 street construction cost Tem ora�y hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess o�150 feet in length.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have limited ingress/egress with future development. Therefore,this development is not reqwred
to provide a future street extension.
NO'I'I(�OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMEI�LLC PARTITION PAGE 17 OF 23
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on atterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have se�gments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shal� be as
detennined by the City Engineer.
The grade along the SW Edgewood Street frontage does not exceed 12%, and no new streets are proposed. Therefore,
this critenon�s met.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be extended witlun t�ie site to provide through cimulation when not precluded by
environmental or topographical constraints, existiii� development pattems or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign, or
reconfi��ure the street pattern to�rovide required ea�tensions. Land is considered topographically constrained
if the slope is greater than 15/o for a distance of 250 feet or more. In the case of environmental or
topograplucal 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.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have limited ingress/egress with future development due to limited access on Hall Boulevard, an
artenal. Therefore,this development�s not requu-ed to provide a future street extension.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, cirrulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks forrned by streets shall not exceed 1,800
feet ineasured 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, limited access highways, major collectors or railroads.
. For non-residential blocks in which internal public cimulation provides equivalent access.
The subject site is located within a block bounded by SW Hall Bl�d= an arterial, SW Edgewood Street, SW O'Mara
Santici�atedfUtW McDo ctionstto SW Edllewood S e b1on SW 9 eAvenu Pand W Wall S�r�e�tf wluch lwou�ld shr'uik the
pe�rimeter to ap roximate�l�y 5,800 lineal �eet. Pine Brook Creek precludes through streets from SW Edgewood to SW
McDonald and�W Hall. The Cityaccess standard for collectors precludes additional access onto SW Hall at SW Regina
Lane.No new streets are being created with this partition.
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 notpossible. Spacing between connections shal�be no
more than 330 feet, exce�t where precluded by envrronmental or topographical constraints, existing
development pattems, or stnct adherence to other standards in the code.
As shoan above, even though the existing block perimeter significantly exceeds the ma�rimum, a through street at SW
Regina Lane would not be allowed as it is appro�mately200 feet from the SW Hall and Wall intersection. Pursuant to
Secuon 18J05.H.3, 600 feet spacing is requu-ed between accesses on SW Hall. However,SW Regina Lane is a narrowiy
paved public ri ht-of-way that could support the ali�nment of a bicy�le and pedestrian connection between SW Hall
Boulevard and�W Edgewood Street. Therefore, t e applicant shall submit a rev�sed preliminary plat that shows a
bicycle and pedestnan connecuon on a public easement on the subject property from SW Edgewood Street to the
eastern property boundary,as required in Condition# 14.
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 t�mes the minimum lot size of the applicable zoning district
All proposed lots are less than 1.5 times the rninun lot size and are therefore,exempt from this standard.
NOTICE OF DEQSION MI.P2008-00002/FITHAVENUE 1NVESTMEIVIS LLCPARTITTON PAGE 18 OF 23
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 �artition, 18.420.050.A.4.c ap lies, wluch requires a par�el to
either have a minitntun 15-foot frontage or a mmimwn 15-foot wide reco�ed access easemen� In cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 fee�
The proposed development is a minor land partition.Lot# 1 has 114 feet of frontage on SW Edgewood Street.Lots #2
and#3 will gain access from a proposed access easement across lot# 1,cons�stent with tivs standard.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to ineet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans show a future sidewalk along their SW Edgewood Street frontage and the narrative requests they
be allowed to enter ulto a future street unprovement agreement for half-street improvements. The future street
improvement agreement for SW Edgewood frontage will include the sidewalk and planter strip.
The applicant will be required to construct a 5 foot wide concrete sidewalk, in a public easement, along their north
property line u-i order to provide a pedestnan connection between the SW Edgewood neighborhood and SW Hall
Boulevard. The applicant will be reqwred to construct a stauway to accommodate the grade change at the east property
line to Regina Lane. S�nce Regina Lane, a public ROW serves only two homes and crosses Pinebrook Cxeek,the lane
itself can serve to accommodate the pedestrian traffic �rom the stairn�ay to Hall Boulevard without construction of a
concrete sidewalk and thereby avoid unpacts to the creek from a widened access unprovement. T�ris meets the Block
Size standards of 18.810.040 when a street connection is not possible and also provides a direct,safe pedestrian route to
transit facilities and Neighborhood ActiviryCenters (the Tigard Pubhc Librar�.
The applicant shall install pedestrian path signage at Hall Boulevard and Edgewood Street.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to setve each new
development and to connect developments to existing mains in accordance with the provisions set foith in
Design and Construction Standards}or Sanitaiy and Surface Water Management(as adopted by C1ean 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
developtnent within the area as projected by the Comprehensive Plan.
There is an e�sting sanitary sewer line in SW Edgewood Street and also in SW Re ina Lane. The applicant's plans
show that Parcel 1 �s served by an e�stin lateral to the sewer line in SW Edgewood �treet. The applicant proposes to
serve parcels 2 and 3 from a sewer mar�io�e at the south east corner of the property.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires develope�s to make adequate provisions for storm
water and flood water runoff.
Acconunodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other draina e facility
shall be lar�e enough fo accommodate potential runoff from its entire upstream drainage area,whe�er inside
or outside fhe development The City Engineer shall approve the necessa�ry size of the facility based on the
�rovisions of Design and Constniction Standards for Samtary and Surface Water Management�as adopted by
ean Water Services in 2000 and including any future revisions or amendments).
There are no upstreanz drainageway5 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 tunoff result�:n� from the development will ovedoad an existing draina�e facilitY, the
Director and Engineer shall withhold approval of the development until provisions have een made for
improvement of the potential,condition or until provisions have been made for storage of additional runoff
caused b��y the development in accordance with the Design and Construction Standards for Sanita,ry ax�d
Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
NOTT(�OF DEQSION MLP2008-00002/FITH AVENLJE INVES'I2v�N'IS LLC PAR17T10N PAGE 19 OF 23
In 1997, Clean Water Sen�ices (C��) 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
stonnwater detention/effective imp ervious area reduction prog ram resultim m �o net increase in storm peak flows up
to the 25-year event. The Ciry will require that all new developments res�ting�in an u-icrease of impervious surfaces
provide onsrte detention facilities,unless the develo�pment is located ad�acent to Fanno Creek For those developments
ad�acent to Fanno Creek,the storm water runoff wiIl be pernutted to d�scharge without detention.
Tlus development is adjacent to Pinebrook Creek For a development of this size, a minor land partition, detention is
not required. However, a fee-in-lieu of providing detention is reqwred.
Bikeways and Pedestrian Pathways:
Bikeway E�rtcnsion: Section 18.810.110.A states diat developments ad'oinin proposed bikeways identified on
the City's adopted pedestrian/bikeway plan shall include provisions �or the�ture extension ot such bikeways
through the dedication of easements or nght-of-way.
SW Edgewood Street is not classified as a bicycle facilit�:
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed under�round, except for surface
mounted transfonners, 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
underg round seivices;
. The �ty reserves the ri�ht 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 constructed priorto the surfacmg 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 Requiremen� 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 ea:isting
utilities which are not underground will serve the development and the approval authority detennines that the
cost and technical difficulty of under-groundin� the utilities 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 sho�t frontage development for which under- rounding would result in
the placement of additional poles, rather than the removal of above-ground utilities�acilities. An applicant for
a development which is served by ut�lities 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 utility lines alon�the west frontage of SW Edgewood Street. If the fee in-lieu is proposed,
it is e qual to $35.00 per lineal foot of street trontage that contains the overhead lines. The frontage along this site is 114
lineal feet;therefore the fee would be $3,990.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water S stem:
iT�' e City of Tigar provides service in this area. The ap licant's plans show two new domestic meters will be installed
to serve ParceLs 2 and 3. The existing domestic meter�be used f or Parcel l.
NOTICE OF DEQSION MLI'2008-0000?/FITH AVENLJE INVES'ITv1ENT5 LLC PARTT'ITON PAGE 20 OF 23
Storni Water QualitX
The City has agreed to enforre Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Conshuction Standatds (adopted by Resolution and Order No. 00-7) which
require the construct�on of on-site water quality facilit�es. The facilities shall be desi ned to remove 65
percent of the phosphorus contained in 100 pement of the storm water runoff�enerated �rom 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 C,,WS standards include a provision that would exclude small pro'ects such as residential land partitions. It would
be impractical to re quire� an on-site water quality facility to accommo�ate treatment of the storm water from Parcels 2
and 3. Rather, the C.� standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed
appropriate. Staff recommends pay�nent of the fee ui-lieu on this apphcation.
Grading and Erosion Control:
CWS Desi n and Construction Standards also regulate erosion control to reduce the amount of sediment and
other po�utants reaching the public storm and surface water system resulting from development,
constructaon, grading, excavating, clearing, and any other activity wluch accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
�ssuance of City penn�ts.
The applicant shall submit an Erosion Control Plan with the PFI Pernzit application for review and approval.
Address Assi nments•
The Cityo Tigard is responsible for assigning addresses for�parcels within the Ciryof Tigard. An addressing fee in the
�unount of$50.00 per address shall be assessed. Tl�us fee shaIl be paid to the Ciry pnor to tu�al plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the grven driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Surve Re uirements
The applicant's inal plat shall contain State Plane Coordinates AD 83�(91)] on two monuments with a tie to the
City's global positiorung system (GPS) geodetic control network (�G1C 22). These monuments shall be on the same line
and shall be of the same prec�sion as requu-ed for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to grid
north. These coordinates can be established by:
. GPS tie networked to the Cit�s GPS stuvey.
. By random traverse using conventional surveyu�g methods.
In addition, the applicant's as-bwlt drawin s shall be tied to the GPS network The applicant's engineer shall provide
the City with an electroruc f�le with points�or each structure,(manholes, catch basins, water valves, hydrants and other
water system featzu-es) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD
83 (91).
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Depamnent commented on the proposed partition requesting a monument marker be
placed at the foot of the drive leading to the residences to ident�fy the house numbers. A condnion of approval shall
reqwre the marker.
City of Tigard Public Works Department was notified of the proposed partition and inquired as to the status of SW
Reguia Lane v,nth respect to the Cit�s connectivity standards, and to the downstream disposition of the stormwater
connection proposed. These issues are addressed in Staff's finduigs in the Streets and Utilities Section of this decision.
NOTTC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENIS LLC PARTTTION PAGE 21 OF 23
City of Tigard Arborist has reviewed the proposal and the applicant's tree removal plan conducted by a certified
arbotist,Kay Kinyon. The report does not contaui all four of the required components, and,u therefore,unacceptable.
The tree rrutigation uiforn�auon �s uiconsistent with applicant's namative and the tree protecuon plan shows grading
within a tree protection zone. The City Arborist comments have been included in the findings for the Landscaping and
Screening and Tree Removal Chapters,above.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and submitced a general.comment letter dated March 31, 2008
regarding storm and sanitary sewer, erosion control, and sensitive areas, in wluch C�/S stated that "the project will not
sigruficantly impact the existing Sensrtive Areas found near the site" (CWS File Number 07-004201).Issues addressed in
th�s letter are included in staff findings in the Streets and Utilities Section of this decision.
Tualatin Valley Fine and Rescue has reviewed the proposal and offered the following comments in their March 31
2008 letter. Tualatin Valley Fire &Rescue endorses this proposal predicated on the followuig criteria and conditions of
approval:
1) FIRE APPAR.ATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS:
Access roa sh be wit ' 150 eet o all portions o t e eXterior w o the irst story o t e uildin�g as
measured by an approved route around the exterior of the building. An approved turnaround u required i� the
remainuig distance to an a proved intersecting roadway, as measured along the fire apparatus access road, is
greater than 150 feet. (IFC�03.1.1)
The proposal meets this criterion and therefore,no turnaround is required.
2) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The m;n;mum 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 �s (are) 3,600 square feet or larger, the required fire tlow shall be detemuned according to IFC
Appendix B. FCB105.1)
The nearest fire hydrant as shown on the submitted drawings must be able to provide 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 MAY 6,2008 AND BECOMES
EFFECTIVE ON MAY 21, 2008 UNLESS AN APPEAL IS FILED.
DA-� � ea-l:
The I�irector'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 18390.040.G.1. may appeal this decision in
accordance with Section 18.390.040.G.2. of the T'�igard Commuruty Development Code which provides that a written
appeal together with the re qu.ired fee shall be filed with the Director within ten (10) business days of the date the Notice
o} Dec�sion was mailed. The ap�eal fee schedule and forn�s are available from the Plaru�ung Division of Tigard Ciry
Hall, 13125 SW Hall Boulevard,"1'igard,Oregon 97223.
NOTICE OF DEQSIOIV MLP2008-00002/FITH AVENUE INVEST'MEN'I'S LLC PARTI770N PAGE 22 OF 23
Unless the applicant is the a pellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues ident�fied in t�e wntten comments 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 durui.g the appeal
hearing, subject to any additional niles of procedure that maybe adopted f rom tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 20, 2008.
I�estions:
e any questions, please call the City of Tigard Plannulg Division,Tigard Ciry Hall, 13125 SW Hall Boulevard,
Tigard, Oregon at (503) 639-4171.
�' A�ri129,2008
PREPARED BY: Ga Pagenstecher DATE
Associate Planner
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`� :�=,�:�s � ,`--��-'�. -�'% /� A�ril 29,Zoos
APPROVED BY: Ric ar Bewers o �'` DATE
Planning Manager /
i:\curpin\gary\minor land panirion\m1p2008-00002(fifth avenue investmneu llc)\m1p2008-00002 decision.doc
NOTIC�.OF DEC�SION ML.P2008-00002/FITH AVENUE INVESTMENT'S LLC PARTTTION 1'AGE 23 OF 23
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" RE-ISSLJED NOTICE"
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NOTICE OF TYPE II DECISION :
MINOR LAND PARTITION (MLP) 2008-00002
FIFTH AVENUE INVESTMENTS LLC PARTITION
THIS DECISION HAS BEEN RE-ISSUED DUE TO INCORRECI" DATES OF ISSUANCE AND
APPEAL DATES IN THE PREVIOUS NOTICE. THE NEW DATES IN THIS NOTICE REFLECT
THE ACCURATE DATE OF ISSUANCE AND THE APPEAL PERIOD HAS BEEN EXTENDED
ACCORDINGLY.
120 Y =7 2 2008
SECTION I. APPLICATION SUMMARY
FILE NAME: FIFTH AVENUE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition (MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
e�sting dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784
square feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments, LLC APPLICANT'S Harris-McMonagle Associates, Inc.
OWNER Attn:Robert and Diana Hoober REP: Attn: Steve Bloomquist
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
ZONING
DESIGNATION: R 4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
nurumum lot size of 7,500 square feet. Duplexes and attached single-family units are
pernutted conditionally. Some civic and institutional uses are also pernutted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington CountyTa�c Map 2S102DD,Tax Lot 01600.
APPLICABLE
REUIE W
CRITERIA: CommuniryDevelopment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Panitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Cu-culation);
18.715 (Density Computations); 18.725 (Environmental Perfonnance Standards); 18.730
(Exceptions to Development Standards); 18.745 (Landscaping and Screenin�; 18.765 (Off-
Street parking and Loading Requirements); 18.790 ('Tree Removal); 18.795 (Visual Clearance
Areas); and 18.810 (Street and Utility Improvement Standards).
SECI'ION II. DECISION
Notice is hereby given that the City of Tigard 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�) 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 MAY 6, 2008 AND BECOMES
EFFECTIVE ON MAY 21, 2008 UNLESS AN APPEAL IS FILED.
DA- Pe-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 18390.040.G.1 may appeal this decision in
accordance with Section 18.390.040.G.2 of the Tigard Communiry Development Code wl-uch provides that a
written appeal together with the required fee shall be filed wrth the Director within ten �10) busuless days of the
date the Tlotice of Decision was mailed. The appeal fee schedule and forn�s are ava able from the Planning
Division of Tigard Ciry 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 comments subcrutted bv the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any pany dunng the appeal
hearing,subject to any additional 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 MAY 20, 2008.
Fo�estions:
er information please contact the Plaruiing Division Staff Planner, Gar�Pagenstecher at (503) 639-4171,
Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by email to ga tigard-or.gov.
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NOTICE OF TYPE II DECISION
.,
MINOR LAND PARTITION (MLP) 2008-00002 -
FIFTH AVENUE INVESTMENTS LLC PARTITION
120 DAYS =7 2 2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: FIFTH AVENLIE INVESTEMENTS LLC PARTITION
CASE N�: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784 square
feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments,LLC APPLICANT'S Harris-McMonagle Associates,Inc.
OWNER: Attn:Roben and Diana Hoober REP: Attn: Steve Blooinquist
P.O.Box 1637 12555 SW Hall Boulevard
Tualatin,OR 97062 Tigard,OR 97223
ZONING
DESIGNATION: R 4.5: Low DensiryResidential District. The R 4.5 zoning district is designed to acconunodate
detached single-family homes with or without accessory residential units at a muiiinum lot size
of 7,500 square feet. Duplexes and attached single-family units are pern-utted conditionally.
Some civic and institutional uses are also perniitted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington CountyTaY Map 2S102DD,Tax Lot 01600.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18J05 (Access Egress and Circulation);
18.715 (Density� Computations); 18.725 (Environmental Perfornzance Standards); 18.730
(Exceptions to Development Standards); 18J45 (Landscaping and Screening,�; 18J65 (Off-
Street parking and Loading Requirements); 18J90 (Tree Removal); 18J95 (Visual Clearance
Areas); and 18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby �iven that the City of Ti�ard Communiry Development Du-ector's desi�nee has APPROVED the
above request subject to certain conditions. The findin�s and conclusions on which the decision is based are noted in
Section V.
NOTIC�OF DEQSION MI.P2008-00002/FITH AVENLJE INVESTMENTS LLC PARTT'ITON PAGE 1 OF 23
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
ie app �cant s a prepare a cover etter an su mit it, a on wi any suppo�n ocuments an or p ans
that address the tollowing re�quirements to the CURRE�T PLANNING �IVISION, ATTN: C�ary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the
required infomiation is found:
1. Prior to final plat, the applicant shall submit a revi�ed mitigation plan reflecting the proposed 20 percent tree
retention. In addiuon, applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent
value of mitig ation re� qwred. Any trees successfully planted on or off-site, in accordance with an a proved Tree
Mitigation Plan and 1�C 18.790.060.D,will be credited against the assurance two years after all o�the trees are
planted per the approved Tree Mitigation Plan. The Tree Mitigation Plan shall include a signature of a�pproval
}rom the project arbonst and be due for review and approval pnor to tree planting or the �ssuance of building
pernzits, wluchever is first. The mitigation proposal shall show the species, location, and spaculg of mitigation
trees u1 relation to buildings, infrastructure, e�cistuig trees, street trees, and each other. After the plan is
approved and the trees are planted,the�project arbonst shall submit a letter to the City Arborist to certify that all
o� the rruugauon trees were properly pranted per the approved Tree Mitigation Plan u1 order to set the starting
point of the two year tree estabLshment penod. After the two year estabLshment period, the applicant shall
provide a re-inventory of the mitigation trees conducted by a cert�fied arborist in order to document rrutigauon
tree survival, and compliance with the approved Tree Mitigation Plan. The remauung value of caliper uiches
not successfully miugated shall be paid as a fee in-heu of planting from the original cash assurance.
2. Prior to final plat approval, the applicant shall submit a tree and landsca e protection plan that clearly
identifies existul� trees and ma�or vegetation to remain (both on and off-site�, and the methods that will be
used to protect them. The tree and landscape protection plan should include a signature of approval from
the pro�ect arbonst.
3. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City
Arborist's commenu on tree species, location, and spacing and include a note on the plans to the effect that
slight variations in placement may be required due to driveway�s,ut�ties, etc., but every attempt will be in�de to
keep the same net number of street trees that are shown on the plans.
4. Prior to final plat approval, the applicant shall submit a landscape plan showing a screen along the northern
property line u1 accordance with Secuon 18.745.050.
5. Prior to final plat approval, the applicant shall submit satisfactory legal evidence demonstrating the joint access
use of the proposed access easement across Lot# 1 for the benefit of Lots #2 and#3.
6. The applicant shall submit a revised preluninaryplat showing the visual clearance areas as determined in Section
18795.D40, where the area is described as a tnangle 30-feet deep along the centerline of the access way and 30
feet each side of the centerline along the right-of-wayline.
The applicant shall prepare a cover letter and submit it, alon with any su ortin docwnents and/or plans
that address the tollowin requirements to the ENG�EERING �EP�TMENT, ATTN: HIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the subinittal the
required infomiation is found:
7. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) pernzit is required for this
project to cover the pedestnan connection, utiliry connecuons and any other work u1 the public right-of-way.
Si�c (6) sets of detailed public unprovement plans shall be submitted for review to the Engu-ieenng Department.
NOTE: these plans are u� addition to an �drawuigs required by the Building Divuion and should only include
sheets relevant to public unprovements. �ublic Facil�ry Improvement (PFI)pernut plans shall conform to Ciry
of Tigard Public Improvement Design Standards, whtch are available at City Hall and the Cit�s web page
(www.tigard-or.gov).
NOTICE OF DEQSION MLI'2008-00002/FITHAVENLJE INVESTMEN'IS LLCPARTITION PAGE 2 OF 23
8. The PFI permit plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate entity who will be designated as the "Perrruttee", and who wiIl provide the financial
assurance for the public unprovements. For example, specify if the entiry is a co�orauon, luruted partnership,
LLC, etc. Also spec�fy the state anthul a�hich the entiry is incorporated and provi e the name of the corporate
contact person. Failure to provide accurate ir�f�rmation to the Engineeruig Depanment will delay processing
of pro�ect documents.
9. 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 d�u-ulg the pubLc unprovement construcuon phase.
10. The City Engineer may deternzine the necessiry f or,and re uire submittal and approval of,a construction access
and parku�g plan for the home building phase. If the Caty�ngineer deems such a plan necessary,the applicant
shall provide the plan pnor to�ssuance o} bwld�ng perrrurs.
11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Faciliry
Improvement pernut, indicating that they will construct the tollowu�g frontage unprovements along SW
Edgewood Street as a part of this project:
A. street trees in the future planter strip area spaced per TDC reguirements;
B. streetlight layout by applicant's enguieer,to be approved by(:ity Engineer; and
G driveway apron (if applicable).
12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Faciliry
Improvement pernut indicating that they will construct a 5 foot wide concrete sidewalk along their north
property line from SW Edgewood Street to the paved surface of SW Regina Lane including a stairway to
accommodate the grade chang e at the properry line. The plans shall also include pec�estnan path signs at SW
Edgewood Street and SW Hall Boulevard.
13. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineerin�.
14. Prior to final plat approval, the applicant shall provide a public pedestrian path easement along their north
property line to accommodate a 5 foot wide concrete pedestnan path.
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW Edgewood Street adjacent to the subject property, when any of the following events
occur:
A when the improvements are part of a larger project to be financed or paid for by the fom�ation of a
Local Improvement D�strict,
B. when the unprovements are part of a larger project to be financed or paid for in whole or in part bythe
Ci��or other public agency,
G when the unprovements are part of a larger project to be constructed by a third party and involves the
sharin of design and/or construction expenses by the third party owner(s) of properry in addition to
the su�ject properry,or
D. when constniction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of unprovements by others adjacent to the subject site.
16. Lots 1-3 shall not be pemutted to access directly onto SW Regina Lane. The applicant shall cause a statement
to be placed on the final plat to prohibit access to SW Regina Lane from Lots 1 -3.
17. The applicant shall cause a statement to be �placed on the final plat to indicate that the proposed shared
driveway will be�ointly owned and inaintained by the private property owners who abut and take access f rom it.
18. The app licant's engineer shall submit a sight distance diagram for the proposed shared access on SW Edgewood
Street tor review and approval prior to final plat approval.
19. An erosion control plan shall be �rovided as part of the Public Faciliry Improvement (PFI)�pernlit drawings.
The plan shall conform to the Erosion Prevenuon and Sediment Control Design and 1'lannuig Manual,
February 2003 edition."
NOTTCE OF DEQSION MLI'2008-00002/FITHAVENUE INVES'IMENi'S LLCPARTTTTON PAGE 3 OF 24
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global
positioning system (CJPS) geodetic control network(GC 22) as recorded in Washington Counry survey records.
These monuments shall be on the same line and shall be of the same prec�sion as required for the subdiv�sion
plat boundary. Along with the coordinates, the plat shall contaui the scale factor to convert ground
measurements to gnd measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the Ciry's GPS survey.
. By random traverse using conventional sun%eyuzg methods.
21. Final Plat Application Submission Requiremenu:
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 m the amount of the current final plat review fee (Contact Planning/Engineering Pernut
Technicians, at (503 639-4171,e�ct.2421).
G The final plat and ata or narrative shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.05) Washington County, and bythe Ci of Tigarci.
D. The right-of-waydedication{�or SW Edgewood Street, providing�7 feet from centerline,shall be made
on the f inal plat.
E. NOTE: Washin on Countywill not begin their review of the final plat until they receive notice from
the Engineering �epartment u-idicatulg that the City has reviewed the fu1a1 plat and submitted
comments to the applicant's swveyor.
F. After the Ciry and C:ounty have reviewed the final plat, submit one my1 ar copy of the final plat for Ciry
Engineer signature (for partitions), or Ciry Enguleer and Commuriiry I)evelopment Director signatures
(for subdrv�sions).
THE FOLLOWING CONDITIONS SHAI_L BE SATISFIED
PRIOR TO ISSUANCE OF BLJILDING PERMITS:
�e app icant s a prepare a cover etter an su init it, a on wi any suppor�ttn ocuments an or p ans
that address the tollowing re�quirements to the CLTRRE�T PLANNING �IVISION, ATTN: C�ary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall cleady identify where in the submittal the
required infonnation is found:
22. Prior to any site work, the applicant shall ensure all proposed tree protection fencin is installed and inspected
bythe CityForester. Fencing shall remain ui place through the duration of home b�ding. After approval from
the City Forester,the tree protection measures may be removed.
23. The applicant shall protect all trees and major vegetation to be retained with five or s� (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 fencing as directed bythe
pro�ect arborist to protect the trees to be retained. The applicant shall allow access by the C:tty Arborist f or the
purpose of monitoring and u�spection of the tree protection to verify that the tree protection measures are
perforniuig adequately. Failure to follow the plan, or mauitaui tree protection fencing in the designated
locations shall be grounds for unmediate 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 empIoyed and the likely unpacts to the trees. The proposaI shall be
reviewed and approved by the Csty Arborist bef ore proposed work can proceed within a tree protecuon zone.
The Ciry Arbonst may requu-e changes prior to approval. The project arbonst shall be on site while work is
occ�g wrtlun the tree protection zone and submit a sucruriary report cen�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.
NOTIC�'OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMENTS LLC PARTITION PAGE 4 OF 23
24. The applicant shall have an on-�oing responsibility to ensure that the Project Arborist has submitted written
reporrs to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction
activities from irutial tree protection zone ('TPZ) fencul installation through the building construcuon phase.
The reports shall evaluate the condition and location o�the tree protection fencuig, determine �f any changes
occurred to t�ie TPZ, and if ariy part of the Tree Protection Plan fias been violated. If the ainount of TPZ was
reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the
overall, �ong-term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the
scheduled ultervals, and if it appears the TPZ's or the Tree Protection Plan are not beuig followed by the
contractor or a sub-contractor, the Crty can stop work on the project until an inspection can be done by the
Ciry Arborist and the Project Arbonst.
25. Prior to issuance of building pernlits, 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 canopydriplines and protection fencing, and a sig nature of a�pproval from the project
arborist regarding the placement and construction techniques to be employed in buiIding the structures. All
prop osed protection fenculg shall be installed and inspected prior to commencuig construction. The fencing
sliall ren�aul ui place through the duration of all of the building construction phases, until the Certificate ot
Occupancy has 6een approved.
26. Prior to building pernuts,the applicant shall demonstrate the building height for Lots #2 and#3 are consistent
with Section 18.730.0?O.C.
27. At the time of submittal for building pern�its for individual homes with.ul the development, the developer shall
submit site plans demonstrating that one (1) off-street parking space, which meets muiunum dimensional and
setback reqturements as specified in Chapter 18.765 willbe provided on-site for each new home.
The applicant shall prepare a cover letter and submit it, alon with any supporting documents and/or plans
that address the }ollowin requirements to the ENG�EERING DEPARTMENT, ATTN: -KIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
28. Prior to issuance of building pernuts, the applicant shall provide the Engineering Division with a paper copy of
the recorded f inal plat.
29. Prior to issuance of building perniits�he �pplicant shall provide the Citv�vith as-built drawings of the public
im�provements as follows: 1) 3 rrul m ar 2 a diskette of the as-builts in``DWG" forniat, if available;othenv�se
"I�XF" will be acceptable, and 3) the as-�wlt drawing s shall be tied to the Cit�s GPS network The applicant's
engineer shall provide the Clty a�th an electronic fi[e with points for each structure (inai�ioles, catch basins,
water valves hycirants and other water sys tem features) in the development, and their respective X and Y State
Plane Coorc�inates, referenced to NAD 83 (91).
30. The applicant shall provide sig nage at the entrance of each shared flag lot driveway or private street that lists the
addresses that are served by the given dnveway or street.
31. The app licant shall either place the existing overhead utility lines along SW Edgewood Street underground as a
�art of-this pro�ect, or they shall pay the fee ul-l�eu of undergrounding. The fee shall be calculated by the
rontage of the site that �s arallel to the ut�ty lines and will be $35.00 per lineal foot. If the fee option u
chosen,the amount will be �3,990.00 and it shall be paid pnor to �ssuance of bwlding pernuts.
32. During issuance of the building pemut for Parcels 2 and 3,the applicant shall pay the standard water quality and
water quantity fees per lot (fee amounts will be the latest approved by C�).
PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app icant s a prepare a cover etter an su mit �t, a ong wi any supportin ocuments an or p ans
diat address the tollowing requirements to the CURRENT PLANNING �IVISION, ATTN: Gary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall cleady identify where in the submival the
required inforniation is found:
33. 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.
NOTICE OF DEQSION b�II.P2008-00002/FITH AVENLJE INVES'IMEN'IS LLC PARTITION PAGE 5 OF 23
Tree protection measures n�ay he removed and final inspection atithonzed iipon review and approval by the
City Arborist.
34. Prior to final u�spection, the applicant shall submit a letter to the City from Tualatin Valley Fire & Rescue
('IVF&R) demonstrating that the e�sting fu-e hydrant is capable of providing the necessaryfire flowdemand.
35. Prior to final inspection for each lot, the a�plicant/owner shall record a deed restrictions for each lot to the
effect that any existu�g tree greater than 6 diameter may be removed only if the tree dies or is hazardous
according to a cert�fied arbonst. 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.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROC'.ESS AND APPEAL SECTION
OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Pro�erty�Tstoc-�
The sub�ect site consists of a single lot located within the City of Tigard. The property is designated Low Densiry
Residential on the Tigard Comprehensroe Plan Map. The sub�ect lot was developed with a sulgle-family dwelling ul
1966.No land use approvals were found on file.
Site Inforniation and Pro osal Descri tion
The su ject parcel is appr_oximately 0 eet northwest of Pinebrook Creek, a tributary of Fanno Creek, and 1,000 feet
west of Fanno Creek. The parcel is surrounded by land zoned R 4.5. The appl�cant is requesting a Muior Land
Partition to panition the sub�ect .61-acre site into three (3) parcels for detached suigle-family residences. There is an
e�sting singIe-farrulydwelling on the subject site which is proposed to be removed.
SECTION IV. PUBLIC COMMENTS
The Ciry mailed notice to property owners within 500 feet of the sub'ect site providing them an oppomznity to
comment. One wntten corrunent was received from William and Teresa �asruewski who live north of and adjacent to
the subject site at 8860 SW Edgewood Street:
While we are not pleased with the increased densiry to the quiet communiry that was once eri oyed on
the short Edgewood Street, we are fully aware that the metropohtan area includulg the City of�ig ard�s
�ressing for these developments. If it must become a reahry, please at a muiunum consider the
ollowuzg pouits when designing the configuration that will be approved.
Point 1: Tigard promotes itself as a ciry of trees with many scheduled planting efforts coordinated
over the past few years or more. As such it would be exp ected that the large healthy
redwood that is very close to the street were not removed. C;ontractors often look at such
trees as a source of profit and will inake any excuse to show cause for removal. If they
would take the approach of Frank Lloyd Wri�ght and confi�u�-e the building around. the
natural surroundings both the trees and the buiIdings themselves would improve the v�sual
appeal of the community u�stead of the ugly appearance of pill box houses squeezed ne�to
each other.
Point 2: A number of years ago a p�roposal was made to nui a street from Hall to Edgewood
through the property on th�s MLP request. The signatures collected at that time agau�st the
proposal are on record and the alternative plan roposed by the citizens should be retained
as the pennanent plan. That suggestion �s st� valid and the points against the through
street are also still valid. In addition,such a road would create undesirable traffic ne�to the
e�cisting residence irnmediately to the north of this property. The access road to the
additional houses would then be posiuoned in such a maiuier to not disturb the tree
mentioned above nor create undesirable traffic volume.
NOTTC�OF DEQSION MI.P2008-00002/FITH AVENL7E INVESTMENPS LLC PARTITTON PAGE 6 OF 23
RESPONSE: T1ie applicant proposes to retaui the Giant Sequoia oii proposed Lot � 1.
The City has recently deve-lop ed SW Wall Street in association with the City Library. The street spacing
standards applicable to SW Hall require closure of driveways and other access when possible, if the distance
between accesses is less than 600 feet. At some point in the future, SW Wall 5'treet w�11 contuiue through the
intersection with SW Hall when the adjacent properties develop at which time Re�ina Lane will be closed to
Hall and altemative access to the two existing homes will be provided. As a resurt, only access to proposed
lots #2 and # 3 created with this minor land partition will impact the properry to the north. The proposed
access would not impact the existing Giant Sequoia.
SECI'ION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions (18.420�
The proposed pactition complies with all statutory and ordinance requireinents 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 adrninistrative 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 & LTtilit}T Improvement
Standards). Based on the analysis provided herein, staff finds that adequate pubhc facilities are available to serve the
proposal. Therefore,this critenon�s met.
All proposed improvements meet City and applicable agency standards;and
The public facilities and proposed impro��ements are discussed and conditioned later in this decision under Chapter
18.8I0 (Street &Utility Improvement Standards). Improvements will be reviewed as part of the pemut process and
during construction, at w�uch tune the appropnate review authoriry will ensure that City and applicable agency
standards are met. Based on the analysis ui this dec�sion,Staff finds that this cntenon is met.
All proposed lots conform to the specific requirements below:
The minimum widdi of the building envelope area shall meet the lot requirement of the applicable zoning
district�
The rruniunum lot width required for the R 4.5 zoning district is 50 feet. Parcels # 1 and 2 are 77 feet in width; parcel
# 3 is 73 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 die lot area.
The ininunum lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached
single-familvunits. The pr�oposed partition creates two lots (not including the accessway) that are 7,552 square feet and
one at 8,60� square feet.Therefore,this cntenon has been met.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a
legally recorded ininimum 15-toot wide access easemen�
The prop o��s�ed partition plat (Sheet 3 of 7) illustrates that the proposed parcels meet this standard as Parcel #1 1 has 114
feet on SW Edgewood Street and Parcels #2 and 3 have access from a 16-foot access easement.
NOTI(�'OF DEQSION MLI'2008-00002/FITH AVENLJE INVES'IMEN15 LLC PARTITION PAGE 7 OF 23
Setbacks shall be as required hy 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 included building envelopes for each parcel demonstratin that the required setbacks
could be met. Setback standards for the proposed lots will be reviewed at the time of building perrr��t subrni�ral.
Therefore,this criterion 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� Structures shall generally be located so as to maximize separation from
existing structures.
A flag lot is proposed for Parcels #2 and #3. The building envelopes shown on the prel'urunary plan identifies the
north side as the front with 10 foot side yards to the east and west,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 widun ten feet of an abutting lot in accordance with Sections 18J45.050. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed
developmen�
The roposed access drive for lots #2 and#3 is shown on the Prelu�un Plat (S��heet 3 of 7 as being�located within 10
feet of the adjacent property. The applicant's Grading Plan shows a reta ng wall along the pro�peny7ine (Sheet 4 of 7�.
The applicant s narratrve proposes a b-foot good neighbor fence,consistent w�th this standard. Therefore,to ensure this
condition u met, the applicant sliall subrrut a landscape plan showing a privacy screen along the properry line in
accordance with Section 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 �IVF&R) has reviewed the proposal and provided.the following comment: "The inuiunum available
fire flow for sin le tariuly daellings and duplexes served by a municip al water supp�ly shall be 1,000 gallons per minute.
If the strucnu-e s) �s (are) 3,600 square feet or larger, the required fire flow shall be deterrruned according to IFC
Appendix B.�I C B105.1) The nearest f�re hydrant as shown on the submitted drawings must be able to provide the
requu-ed fire tlow demand."
Therefore, as a condition of approval, the applicant shall subcnit a letter to the Ciry from TVF&R demonstrating that
the existing fire hydrant is capable of providing the necessary fire flow demand.
Where a conunon 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 proposes a shared access to lots #2 and #3. A reciprocal easement to ensure access and maintenance
recorded with the partiuon plat has been conditioned in the Access, Egress, and Circulation section of this decision,
consistent with this standard.
Any access way shall comply with the standards set forth in Chapter 18J05,Access,Egress and Ci�ulation.
This standard is addressed under Chapter 18J05 (Access,Egress and Cu-culation) later in this decision.
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 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 is located between elevations 176 and 189 feet and is approacimately 900 feet a�est of the one-hundred-
year floodplain at elevation 141 feet. Therefore,this standard does not apply.
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)/adjustrnent(s)
will be processed concurrendy.
NOT[C�OF DEQSION I�q1'2008-00002/FITHAVENCJE INVES'I2��N1'S LLCPARTITION PAGE 8 OF 23
The applicant has not applied f or a variance. Theref ore,this standard does not apply.
FINDING: The proposed minor land partition meets, or can meet,all of the relevant standards of the land partition
secuon as indicated in the above fuidings and required in the following conditions of approval.
CONDITIONS:
. The applicant shall submit a revised landscape plan showing a screen along the property line 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�s capable of providing the necessary f u-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 Pa�ell Parcel2 Pa�el3
Minimum Lot Size
- Detached unit 7,500 sq.ft. 7,555 sq.ft. 7,555 sq.ft. 9,055 sq.ft.
- Duplexes 10,000 sq.ft.
- Attached unit
Average Minimum Lot Width
- Detiched unit lots 50 ft 77 fc. 77 ft. 73 ft.
• Duplex lots 90 ft
- Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Sethacks
- Front yard 20 ft. Per Per Per
- Side facing street on corner&through lots 15 ft Bldg. Bldg. Bldg.
- Side yard 5 fL Perniit Pern�it Pernu[Re�-iea�
- Rear yard L5 f� Review Review
- Side orrearyard abutting more restrictive zoning district --
- Distance between property line and front of garage 20 ft.
-Side Yard Setbacks forFla Lots TDC 18.420.050 A 4 e 10 ft,
Maximum Hei ht 30 ft. 30 ft. 30 ft. 30 ft.
Minimum Landsca e Re uirement - NA NA NA
FINDING: The proposed lots meet the applicable development standards for the R 4.5 zone. Two flag lots are
proposed for Lots �#2 and #3. These lots w�ll be subject to the Building Heights and Flag Lots
standards (18J30.020.C�, which are addressed below ui the Exceptions to Development Standards
section of this decision. No specific development is proposed at this time. The building envelopes
shown on the Preluninary Plat (Sheet 3 of 7� indicate the development standards can be met. �ny
proposed development ot the subject lots will be reeiewed for consistency at the time of building
pern�ut apphcation.
Access, Egress and Citrulation(18.705�
Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in
this title are cont�nuing requirements for the use of any structure or parrel of real propetty in the City.
The standards of this chapter will be a continuing obligation on the oa�ners of these parcels.
Section 18.705.030.H.1 states that 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 needs, sight distance
and deceleration standa�s as set by ODOT, Washington County,the City and AASH�O.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'I�1EI�"IS LLC PARTTTION PAGE 9 OF 23
A prelinvnarysight distance certification for the shared drivewaywas submitced byHai7-is-McMonagle Associates dated
February 20, 2008. The speed linut on a local street is 25 mph, requuing a rrununum sight distance of 250 feet in each
direction.
1"�ie proposed access is shown located 140 feet noirth of the 90 degree turn on SW Edgewood Street. The engineer
states that the sight distance froin the proposed access point was measured to be 250 feet in both directions. Because
of the geometry of the road to the south the applicant's engu�eer shall subnut a diagram to show how sight distance of
?50 feet can be achieved. This shall be submitted pnor to�ssuance of building pernuu.
All driveways are shown to access SW Edgewood Street. No vehicular access will be allowed to SW Regina Lane.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of
collector or arterial street inte�ections. Influence area of intersections is tFiat area where gueues of traftic
commonly fo�n on ap�proach to an intersection. The minimum driveway setback from a coIIector or arterial
street intersection shall be150 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 determined
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 inust explore any o�ption for shared
access with the ad jacent pamel. If shared access is not possible or practical, the drivewa y shall be placed as
far froin the intersect�on as possible.
SW Edgewood Street is classified as a Neighborhood Route, which is 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 fee� The ininimum spacin��of driveways and streets along an artenal shall be 600 fee� The minimiun
spacing of local streets along a local street shall be 125 fee�
The applicant is proposing a single driveway and a shared driveway on Edgewood, a local street. This criterion is met.
Joint Access. 4wners of two or inore uses, structures, or parcels of land may agree to utilize jointly the same
access and egress when the coinbined access and egress of both uses, structures, or�pa�els of land satisfies
the combined requirements as desi nated in this tide, provided: Satisfactory legal evidence shall be presented
in the for�n 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.
Joint access is proposed across lot � 1 for the benefit of lots #2 and #3. The ap plicant proposes a joint access and
mauitenance agreement detailing�righu and responsibilities to be recorded with the final partrtion plat. To ensure this
standard is met the applicant shall submit sat�sfactorylegal evidence demonstratuzg the jouit access use.
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 continuous basis.
All proposed lots will have direct access onto SW Edgea•ood Street,consistent with this standard.
Minimum access requirements for residential use. Private residential access drives shall be provided and
maintained in accordance with the provisions of the Unifomi Fire Code.
Each parcel will have a standard driveway with direct access to SW Edgewood Street. Comments received from
Tualatui Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, this standard is
met.
Access drives in excess of 150 feet in length shall be provided with app roved provisions forthe 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
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%.
NOTT(�OF DLC�SION MLP2008-OD002/FITHAVENUE INVESTMENTS LLCPARTITION PAGE 10 OF 23
The len�th of the access drive to lot #3 is shown on the Prelinunary Plat as approximately 140 feet. Therefore, this
standard does not apply.
To provide for increased traffic movement on congested streets and to eliminate turning movement
problems, the Director inay 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 Edgewood Street is a local street serving a low density residential neighborhood. There is no reason to restrict the
location of the proposed driveways. Therefore,this standard does not apply.
FINDING: The standards of the Access Management chapter have not all been satisfied. However, with
the following condition of approval,the standards can be met.
CONDITION: The applicant shall submit satisfactory le al evidence demonstrating the joint access use of the
proposed easement across Lot# 1 for the�enefit of Lots#2 and#3.
Density Computations (18.715�
A. Definition of net development area. Net development area, in acres, shall be determined by
subtractin� the following land area(s) from the gross acres, which is all of the land included in the
legal descnpt�on of the propeity 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 for pnvate streets;and
5. A lot of at least the size required by the applicable base zoning district, if an e�cisting dwelling
is to remain on the site.
B. Calculating ma�ciinum number of residential units. To calculate the ma�umtun number of residential
units per net acre, divide die number of square feet in the net acres by the minimum number of square
feet required for eacli lot in the applicable zoning district,
C. Calculating minimum 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 multiply7ng the ma�mum number of
units determined in Subsection B above by 80% (0.8).
The subject .61-acre site totals 26,571 gross square feet. There are no sensitive land areas or private streets a�ithin
the subJ'ect proposal. To determuie the net developable area, the square footage to accommodate Edgewood Street
right-of-way dedication (7 feet x 114 lineal feet = 798 s quare feet) is deducted from the gross square footage
(26,571square feet gross - 798 square feet dedication = 25,773 net developable s uare feet). As the muumum lot
size for the R-4.5 zone is 7,500 square feet, the maximum number of lots �s three�(25,773 square feet/7,500 square
feet/unit = 3.43 units). The inuiunum number of lots at 80 percent is two. 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 Lot area as
proposed for lots #2 and #3 are 7,552 and 8,604 square feet respectively, consistent v�nth tYus standard. The
proposed partition creates three (3) separate lots in conformance with the densiry requirements.
FINDING: Based on the analysis above,the Densiry Computation Standards have been met.
Envirorunental Perfomiance Standards 18J25 :
Requires that ederal and state environmenta laws, rules and regulations be applied to development within
the City of Tigand. Section 18.725.030 Perfonnance Standards regulates: Noise, visible emissions, vibration
and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENUE INVESTMENT`5 LLCPARTITION PAGE 11 OF 23
Visible Emissions. Within the Commertiial zonin districts and dle Industrial Park (i-P) zoning district, there
shall be no use, operation or activity a-hich resu�ts in a stack or ott�er point- source emission, other than an
emission from space heatin , or the emission of pure uncombined water (steam) which is visible from a
�gop�o li 1. Department o�Environmental Quahty(DEQ) rules for visible emissions (340-21-015 and 340-
� ) PP Y
V'ibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any
given zoning district which is discernible without instnunents at the propetty line of the use concerned.
Odors. The emissions of odorous ases or other matter in such qu� antities as to be readily detectable at an
poi it beyond the propeity line of�e use creating the odors is prohibited. DEQ rules for odors (340-028-090�
PP Y
Glare and hea� No direct or sky reflected glare, whether froin floodli hts or from high tem erature processes
such as combustion or welding, which is visible at the lot line shal�be permitted, and; l�there shall be no
emission or transmission of heat or heated air which is discernible at the lot line of the sour�e; and 2) these
regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this tide.
Insects and rodelits. All inaterials including wastes shall be stored and all grounds shall be maintained in a
manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: As this is a rypical detached single-fanuly project, w�uch i� a pemutted use in the R 4-5 zone, it
is anticipated that none of the envu-onmental conditions that have been listed above will be
comprorrvsed beyo nd allowable levels. The above perfoc-�nance standards are met. These
standards would be subject to code enforcement investigation if for some reason the above
standards were in question.
Exce tions To Develo ment Standards 18.730 :
ui ing eig ts � ag ots 18J3 .020. :
Limitations on the placement of residential structures on fla lots apply when a flag lot is created after
April 15, 1985 by an approved,partition. The maximum heigh� for an atfached or detached single-family,
duplex, or mulhple-family residential stnuture on a fla lot or a lot having sole access from an accessway,
private 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:
. The prop,osed dwelling otherwise complies with the applicable dimensional requirements of the
zonin� district;
. A 10 teet side yard will be preserved;
. A residential structure on any abuttiqg 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
. 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 mi�igating direct
views, or that such trees exist and will be preserved.
Where an agreeinent 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.�0.030 D.
The tree plaiiting agreement shall be a condition of Chapter 18.360, Site Developinent Review, for three or
more attached units or a multiple-family residential sfructure, or, at the time of issuance of building
permits, for single detached units, one duplex or two attached residential units.
FINDING: The applicant has shown in the Preliminary Plat (Sheet 3 of 7) that 10-foot side yards will be
preserved on lot #{3, but 5-foot side yards are shown on lot #2. Both lots #2 and #3 are flag
Iots. It appears that dwellin s on adjacent properties are more than 50 feet from the building
envelope, as shown on lot �?, but less than 50 feet from lot #3. Therefore, the flag lot height
limitation may apply to propo� sed lot #3. However the setbacks must be confirrried at the tune
of building perrrut review. To ensure this standar� is met, the applicant shall demonstrate the
building height is cons�stent with the Section 18.730.020.0
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENLIE INVESTNIENTS LLC PARTITION PAGE 12 OF 23
CONDITTON: Prior to building pernuts, the applicant shall demonstrate the building heights and setbacks for
flag lots #2 and#3 are cons�stent with the Section 18.730.020.C.
Landscaping and Screenin 18.745):
�xisting vegetation on a si e s a �e protected as much as possible: 1) The developer shall prc�vicie methods
for the protection of ehistin� vegetation to recnain during the construction process; and 2) the plants to,be
saved sfiall be noted on the randsca�pe plans (e. ., areas not to be disturbed can be fenced, as in snow fencing
which can be placed around the indvidual trees�.
The applicant plans on retaining a 62" Giant Sequoia on the western portion of the property adjacent to SW Edgewood
Street. The applicant's Grading and Tree Protection Plan (Sheet 4 of 7) shows this tree and property line trees on the
south and east portion of the property The Plan shows tree protection fencing for these trees. To ensure tree
protection is adequate,the applicant sha11 submit a revised plan a�hich includes a signature of approval from the project
arborist.
Street Trees: Section 18.745.040
Section 18.745.040.A: All development projects fronting on a pu�blic stree private street or a private driveway
more than 100 feet in length approved after the adoption of fhis tide sha�be required to plant street trees in
accordance with die standards in Section 18J45.040C.
The ap p.licant's Tree Miti�ation.Plan (Sheet 6 of 7) shows Redbud proposed for the SW Edgewood Street frontage and
Magnol�a grandiflora for the pnvate drive consistent with this standard. The City Arborist's comments on tree spacing
suggest a note be included on the plans to the effect that slight variations ui 'placement may be required due to
dnveways, utilities, etc., but every attempt will be made to keep the same net num6er of street trees that are shown on
the plans.
Buffering and Screening Requirements: Section 18.745.050.5
The pro osed land partition occurs on a parcel surrounded by the same land use designation (R 4.5) as the subject
parcel. �erefore, no buffering or screening pursuant to. Section 18.745.050.A is required for the proposed land
partition. However, as conditioned above,privacyscreening�s required pursuant to Section 18.420.OSO.A.4.f.
FINDING: The landscape and Screcning standards have not all been met. However, with conditions of
approval requinng protection of existing vegetation and planting of street trees along SW
Edgewood Street and the proposed access for lots #2 and#3,the cntena can be met.
CONDITIONS:
. The �plicant shall submit a revised tree and landscape protection plan that clearly
ident ies ex�stu�g�trees and major vegetation to remain (both on and off-site), and the
methods that will be used to protect them. The tree and landscape protecuon plan
should include a signature of approval from the project arborist.
. The applicant shall submit a revised street tree plan consistent with the City Arborist's
comments on tree species, location, and spacuig and include a note on the plans to the
effect that slight vanations ui placement may be required due to driveways, ut�ties, etc.,
but every attempt will be made to keep the same net number of street trees that are
shown on the plans.
Off-Street Parking And Loadin�Reauirements (18.765�
This Cha��ter is applicable for deve op�ro�ects when there is new construction, expansion of existing
use, or c ange of use in accordance with Section 18.765.070 Minimlun and Ma�cimum Off-Street Parking
Requirements.
FINDING: The proposed project will create 3 new lots for single-farrvly construction. Submittals of detailed
pl�ans for the construction of any home within the development are not necessary at this tune.
Table 18J65? requires that one (1) off-street�parkin space be provided per detached dwelling
unit. There is no inaxunum limit on parking allowed�or detached sin le-family dwellings. There
is also no bicy�le parking requirement for su�gle-family dwellings. Sta�f notes that there �s a 20-
foot required setback from the face of garages to properrylines u-i all residential zones. To ensure
that homes constructed in this development comply anth these standards, the following condition
shall appl}r
NOTI(�OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMENT'S LLC PARTITION PAGE 13 OF 23
CONDITION: At the tune o� submittal for building pemzits for individual homes within the developm� ent, the
developer shall subinit materials demonstratulg that one `1) off-street parking space which meets
nuiiimum dimension�l and setback reqwrements as speci�ied in Chapter 18.765 will be provided
on-site for each new home.
Tree Removal (18.790�
A tree plan for the planting, removal and protection of trees prepared by a certified a�orist shall be provided
for any lot, parcel or combination of lots or parcels for which a development ap plication for a subdivision,
partition, site development review, planned development or conditionai use is tiled. Protection is preferned
over removal wherever possible.
As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified arborist. The Tree Removal
plan inventones the existing trees on the subject site and those proposed tor removal (Grading and Tree Preservation
1'lan, Sheet 4 of 7).
The report indicates that 4 of 5 regu1ated trees (over 12" non-hazardous and non-fnut bearing� will be removed. T�us
represents 20% retention, not 46.9% as indicated by the applicant. 20% retention requires rrutigation of 100°/o of the
u-iches removed. Therefore,the applicant is required to irutigate for all 70 inches removed. As a condition of approval,
the applicant shall submit a revised irutigation plan reflecting the proposed 20 percent tree retention.
Finally, since the mitigation proposal is a tree plan requirement, it needs a signature of ap roval from the pro�ect
arbonst certifying that the species and placement of rruugauon trees has been reasonably calc�ted to provide for t�eir
growth to matunry.
The tree protection details on Sheet 4 of 7, dated February 29, 2008, lists the height of the fence as 4' minimum.
However, the Caty requu-es a m�nunum height of 5'. Theretore, the applicant shall revise theu-tree protection fence
detail to show it as 5' inulunum height.
Also, there appears to be some slight grading proposed a�ithin the tree protection zone in the southeast portion of
the property. Please have the applican� rev�se the plan so there �s no grading within the tree protection zone. This
can not be accomplished by reducu-ig the size of the tree protection zone unthout 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
a� pproval for a conditional use, and shall not be subject to removal under any other section of this chapter.
The propetty owner shall record a deed restriction as a condition of approval of any development permit
affected by tlus section to the efFect that such tree may be removed only if the tree dies or is hazardous
according to a certified arfiorist The deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either d�e or be removed as a hazardous tree. The fonn of
this 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. To ensure
these standards are met,the applicant shall satisfythe following conditions of approval:
CnNDITTONS:
. Prior to final plat, the applicant shall submit a revised mitigation plan reflecting the
�roposed 20 percent tree retention. In addition, applicant shall subrrut a cash assurance
letter of credit or cash deposit) for the equivalent value of mitigation required. Any
trees successfully planted on or off-site, in accordance with an approved Tree
Mitigation Plan and TDC 18J90.060.D,will be credited against the assurance twoye ars
after all of the trees are planted per the approved Tree Mitigation Plan. The Tree
Miti ation Plan shall include a signature of approval from the project arborist and be
due�or review and approval pnor to tree�plantin or the issuance of bwlding perniits,
whichever is first. The mitigation proposaCshall s�ow the species,location, and spacing
of miti�ation trees in relation to bwlduigs, infrastructure, ex�tulg trees,street trees, and
each other. After the plan is approved and the trees are planted, the project arborist
Iv'OTICE OF DEQSION MLI'2008-00002/FITH AVENUE INVESZMENl'S LLC PARTITION PAGE 14 OF 23
shall submit a letter to the Ciry Arborist to certify that all of the miti�ation trees were
properly planted per the approved Tree Mitiga�tion Plan uz order to set the starting point
of the twoye ar tree estabLshment period. Atter the two year establishment period, the
applicant shall provide a re-inventory of the mitigation trees conducted by a cert�fied
arborist in order to document riutigation tree su�,rvival, and compliance with the
approved Tree Mitigation Plan. The reir�auung value of caliper inches not successfully
iruugated shall be paid as a fee in-lieu of planting from the onginal cash assurance.
. Thc 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, dnven into the ground to a depth of at least 2-feet at no more
than 10-foot spacin . The applicant shall po-sition fenculg as directed by the pro'ect
arborist to protect t�e trees to be retauied. The applicant shall allow access by the �ty
Arborist for the purpose of monitoring and inspection of the tree protection to verify
that the tree protecuon measlu-es are perforrrvng adequately. Failure to follow the plan,
or maintain tree protection fencing m the desig,nated locations shall be grounds for
unmediate 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 emp loyed and the likely
unpacts to the trees. T1ie proposal shall be reviewed and approved b�the Caty Arbonst
betore proposed work can proceed within a tree protection zone. e Ciry Arborist
may reqwre changes prior to approval. The pro�ect arbonst shall be on site while work
is occurnng anthin the tree protection zone and submit a stunmary report certifying that
the work occurred per the proposal and will not significantly unpact the health and/or
stabiliry of the trees. 11us note shall be included on the Tree Protection Plan.
. Prior to issuance of building pemiits, the applicant or builder shall submit site plan
drawings indicating the locations 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 proJ�ect arbonst
regarding the placement and construcuon techrugues to be employed ui building the
structures. AIl proposed protect�on fencin shall be.installed and inspected pnor to
conunencing construction. The fencmg sh� rerr�ain 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 Arbonst 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 fu�al uispection 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 morutors the construction activiues from initial tree� protection zone
('I'PZ) fencuzg installation through the building construction phases. The repoits shall
evaluate the condition and location of the tree protection fencing� detemiuie �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 Arborist shall cenify 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 City Arbonst 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 Ciry can stop work on the
pro�ect unt�l an u�specuon can be done by the Ciry Arborist and the Project Arbonst.
NOTIC�OF DEQSION MLI'2008-00002/FITHAVENLIE INVESTMENTS LLCPAR7TTTON PAGE 15 OF 23
. Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any existuig tree greater than 6" diameter may be
removed only if the tree dies or is hazardous accordulg 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 shotild either die or be removed as a hazardous tree.
Visual Clearance Areas (18.795�
This Chapter requires at a clear vision area shall be inaintained on the corners of all property adjacent to
intersecting nght-of-ways or the inte�ection of a public street and a private driveway. A clear vision area
shall contain no velucle, hedge, pl�anting fence, wall stnicture, or temporary or pemianent obstruction
exceedin three (3) feet in heigli� TI'he coc�e provides that obstructions that inay be located in this area shall
be visual�y clear between tlu�ee (3) and eight($) feet in heigh� 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
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 Preliminary Partition Plan (Sheet 3/7) shows a vision clearance area for the
proposed access to Parcels #2 and #3. However, the triangle area is inconsistent with this
standard. Therefore, with the following condition of approval the proposed partition can meet
the standard.
CONDITION: The applicant shall submit a revised preluninary plat showing the visual clearance areas as
cietennuied in Section 18J95.040, where the area is descnbed as a triangle 30-feet deep along
the centerline of the access way and 30-feet each side of the centerline along the right-of-way
line.
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 or denying an application: '
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 ineet City standard, and to minimize the impact of the
developinent on the public at large, public facilities systeins, 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 ded�cation, or provide
e�7dence that supports that the real roperty dedication is not roughly proportional to the projected impacts
of the development. Section 18.390.�40 states that when a condition of a pproval reyuires the transfer to the
public of an interest in real property, the approval authority shall adopt findings whicFi support the conclusion
that the interest in real property to be transferred is rougl�ly proportaonal to the impact the proposed
development will have on t1�e public.
The applicant has submitted an impact study. SW Edgewood Street is currently iuumproved.. In order to mitigate the
imp act from this development,the ap plicant will provide a future improvement guar°antee for unprovements to the SW
Edgewood Street frontage. The appTicant will be extending sarutary sewer and storm drainage connections to the three
proposed lots to account for the additional impervious area beuzg 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
un acts to public facilities are offset bythe collection of Systems Development Charges (SDC's) collected at the time of
bu�ilding pernut �ssuance. Therefore,this standard can be satisfied through meeting the conditions of approval required
in this decision.
The TTF will be paid at the time of building permits and is a mitigation measure required for new development. Based
on Washington County figures TTF's are ex�pected to recapture 20 ercent of the traffic im act of new develo ment on
the C�llector and Arteri�l street system. The `ITF for the proposed development is $6,�40 (2 new dwelling units x
$3,020/per dwelling unit).
NOTIC�OF DEQSION MI.P2008-00002/FITHAVENLIE INVESTMENT'S LLCPARTITION PAGE 16 OF 23
Based on the estu7��te that TTF fees co�-er 20% of the imp act on major street impro�ements citywide, a fee that arould
cover 100% of this pro�ect's traffic imp act is $30,200 ($6,040 =0.20). The difference between the TIF paid and the full
impact is considered t�e iuu�uti ated impact on the street s��stem. The tuurutigated impact of this project on the
transportation sy5tem is $24,160 �$30,200 - �6,040). The applicant will be required to rrutigate some unpacts as shown
below:
Miti�ated Costs (Estimate�
D�icate�A c{rtio Rin ght-of-Way($3/sf x 798 s�... ... ... ... ... ... ... .... $2,394
Sidewalk Im�rovements �$20/lf x 500 lf�... ... ... ... ... ... ... ...... . .$10,000
.. .....
Total Mitigate�ts... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... .$12,394
Rou h Pro ortionali
Full �m�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... $30,020
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .$6,040
L.ess Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 12 394
Estimate Value o Urunitigated Impacts $11,586
Based on this analysis, the mitigated costs do not exceed the estimated value of the impacts. Therefore, the required
improvements meet the rough proportionality test.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards (Section 18.810�
Chapter 18.810 provi es 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:
Sect�on 18.810.030.A.1 states that streets witlun a development and stmets adjacent shall be improved in
accordance with the TllC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a poition 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
ri�ht-of-way width and 32-foot paved section. Other impmvements required may include on-street parking,
si ewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW Edgewood Street which is classified as a local street on the Ciryof Tigard Transportation
Plan Ma . At pr�esent there �s approxunatel 20 feet of ROW from centerline, according to the most recent ta�c
assessor'Pmap. The applicant should dedicate the additional ROW required to provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this development, the
applicant should enter into a future street unprovement agreement.
Future Street Plan and Ea�tension 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 str�ets from the boundaries of die proposed land
division. This section also states �at where it is necessary to give access or pennit a satisfactory future
division of ad'oining land, streets shall be e�ended to the boundary lines of the tract to be developed and a
barricade sha�l be constructed at the end of the street. These street stubs to adjoining pro erties are not
coiisidered to be cul-de-sacs since they are intended to continue as through streets at suc� 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 die street construction cos� Tem orary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed forstub streets in excess o�150 teet in length.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have lirruted ingress/egress with future development. Therefore,this development is not requu-ed
to provide a future street extension.
NOTTC� OF DEQSION MI.P2008-00002/FITH AVENLTE INVES'I'MEN'I5 LLCPARTIT'ION PAGE ]7 OF 23
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten perc:ent on arterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have se�gments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shaII be as
detennined by the City Engineer.
The grade along the SW Edgewood Street frontage does not exceed 12%, and no new streets are proposed. Therefore,
this criterion �s met.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be extended within t�e site to provide through ci�ulation when not precluded by
en�7rorunental or topographical constraints, e�stin� development patterns or strict adhcrence to other
standards in this code. A street connection or extens�on is precluded when it is not possible to redesign, or
reconfi�ure die sts�eet pattem to�rovide required extensions. Land is considered topographically constrained
if the slope is greater than 15/o 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.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have limited 'uigress/egress with future development due to limited access on Hall Boulevard, an
artenal. Therefore,this development�s not reqwred to provide a future street extension.
Block Desig ns - Section 18.810.040.A states diat the lengdi, width alici shape of blocks shall be designed with
due regard to providing adequate buildin sites for the use contemplated, consideration of needs for
convenient 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 fomied 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 acterial streets, lirnited access highways, major collectors or railroads.
. For non-residential blocks in which internal public cirrulat�on provides equivalent access.
The subject site is located within a block bounded by SW Hall Blvd, an arterial, SW Edgewood Street, SW O'Mara
Street, and SW McDonald Street, a collector. This block perimeter u approximately 9,000 feet in length. The Ciry
anticipates future connections to SW Edgewood Street on SW 93�'Avenue and SW Wall Street,which would shruik the
penmeter to ap roxunate�ly 5,800 lineal feet. Pine Brook Creek precludes through streets from SW Edgewood to SW
McDonald and�W Hall. "l�he City access standard for collectors precludes additional access onto SW Hall at SW Regina
Lane. No new streets are being created with this partition.
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 envYronmental or topographical constraints, e}usting
developinent patterns, or stnct adherence to other standards in the code.
As shown above, even thou�h the e�cisting block perimeter significantly exceeds the inaxunum, a through street at SW
Regina Lane would not be allowed as it is approxunately 200 feet from the SW Hall and Wall intersection. Puisuant to
Section 18J05.H.3,600 feet spacing is requu-ed between accesses on SW Hall. However, SW Regina Lane is a narrowly
paved public ri ht-of-way that could support the alignment of a bicyc le and pedestrian connection between SW Hall
Boulevard and�W Edgewood Street. Therefore, the applicant shall subrrut a rev�sed preluninary plat that shows a
bicycle and pedestrian connection on a public easement on the subject property from SW Edgewood Street to the
eastern property boundary; as required in Condition# 14.
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 t�mes the minimum lot size of the applicable zoning distric�
All proposed lots are less than 1.5 times the ininim lot size and are therefore,exempt from this standard.
NOTIC�'OF DEQSION MLI'2008-00002/FITHAVENLJE INVES"I'NIEN'IS LLCPARTI'IION PAGE 18 OF 23
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on public or private
streets, other dian an alley. In the case of a land partition, 18.420.050.A.4.c applies, wluch requires a pa�el to
either have a minimuin 15-foot frontage or a m�mmum 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 fee�
The proposed development is a minor land partition. Lot# 1 has 114 feet of frontage on SW Edgewood Street.Lots #?
and#3 will gaui access from a proposed access easement across lot# 1,cons�stent with this standard.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans show a future sidewalk along their SW Edgea�ood Street frontage and the narrative requests they
be allowed to enter u-ito a future street improvement agreement for half-street unprovements. The futuc-e street
improvement agreeinent for SW Edgewood frontage w711 include the sidewalk and planter strip.
The applicant will be required to construct a 5 foot wide concrete sidewall�, in a public easement, along their north
properry luie ui order to provide a pedesman connection between the SW Edgewood neighborhood and SW Hall
Boulevard. The applicant will be requu-ed to construct a stau-way to accorrunodate the grade change at the east property
line to Regina Lane. Suice Regina Lane, a public ROW serves only two homes and crosses Pinebrook Creek,the lane
itself can serve to accommodate the pedestnan traffic �rom the stairway to Hall Boulevard without construcuon of a
concrete sidewalk and thereby avoid unpacts to the creek from a wideneci access unproveinent. T1iis ineets the Block
Size standards of 18.810.040 when a street connection is not possible and also provides a direct,safe pedestrian route to
transit f acilities and Neighborhood Activity Centers (the Tigard Public Libraryj.
The applicant shall install pedestrian path signage at Hall Boulevard and Edgewood Street.
Sanitaiy Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developinents to existing mains in accordance with the provisions set forth in
Design and Construction Standards }or Sanitary and Surface Water Management (as adopted by Clean Water
SecvYCes 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 t7ie Comprehensive Plan.
There is an e�vsting sanitary sewer line, in SW Edgewood Street and aLso in SW Re ina Lane. The applicant's plans
show that Parcel 1 �s served by an existul lateral to the sewer line in SW Edgewood �treet. The applicant proposes to
serve parcels 2 and 3 from a sewer n�nho�e at the south east corner of the property.
Stotm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for stornl
water and flood water runoff.
Accoinmodation of Upstreain Drainage: Section 18.810.100.0 states that a culvert or other draina e facility
shall be lar�e enough fo accominodate potential runoff from its entire upstream drainage area, whe�er inside
or outside fhe developmen� The City Engineer shall approve the necessa�ry size of the facility based on the
pro� visions of Design and Construction St�zndards for Sarntary and Surface Water Management�as adopted by
�:lean Water Services in 2000 and including any future revisions or ainendments).
There are no upstream drainageways that unpact 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�:n� from the development will overload an existing draina�e facilitY, the
Director and Engineer shall withfiold approval of the development until provisions have een made for
improvement of the potential condition or until provisions have been made for storage of additional runoff
caused b��y the development in accordance with the Design and Construction Standarcis for Sanitary and
Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
NOTI(�OF DEQSION MIP2008-00002/FITHAVENLJE IN�'ESTh1EI�;I'S LLC PARTITION PAGE 19 OF 23
In 1997, C1ean Water Services (C;WS) completed a basin sn�dy of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local goveriunents institute a
stormwater detention/effective unp ervious area reduction prog ram resultin Ln no net u-icrease u-i storm peak flows up
to the 25-year event. The Ciry�n11 require that all new developments res�tina in an increase of impervious surfaces
provide onsite detenuon faciliues, unless the develo�pment is located adjacent to�anno Creek For those developments
adjacent to Fanno Creek,the storm water nuiof f will be pemutted to d�schacge a�ithout detention.
T�us de��elopment is adjacent to Pinebrook Creek For a development of this size, a minor land partition, detention is
not required. However, a fee-u-i-lieu of providing detention is reqwred.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments ad'oining proposed bikeways identified on
the City's adopted pedestrian/bikeway plan shall include provisions �or the future e�ctension ot such bikeways
through the dedication of easements or nght-of way.
SW Edgewood Street is not classified as a bicycle faciliry.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television sennces and related facilities shall be placed under�r�ound, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary.utility sen�ice facilities during construction, high capacity electric lines operat�ng at 50,000
volts or above, and
. The developer shall make all necessary arrangeinents with the serving utility to provide the
underg round services;
. The City reserves the ri�ht to approve location of all surface mounted facilities;
. All underground utilitaes, incIud�ng sanitary sewers and storm drains installed in streets by the
developer, shall be constructed pnorto 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 Requiremen� 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 e�cisting
utilities which are not undergmund w�ill serve the development and the approval authority deterniines that the
cost and technical difficulty of under-groundin� the utilities outweighs the benefit of under-grounding in
conjunction with the developmen� The detenninat�on shall be on a case-by-case basis. The most conunon,
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 propeity shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the west frontage of SW Edgewood Street. If the fee in-lieu is proposed,
it is e qual to $35.00 per lineal foot of street trontage that contains the overhead lines. The frontage along this site is 114
lineal feer,therefore the fee would be $3,990.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water S stem:
The City o Tigar provides service in this area. The ap licant's plans show two new domestic meters will be installed
to serve Parcels 2 and 3. The e�sting domesuc meter�be used f or Parcel 1.
NOTIC�OF DEQSION N1LI'2008-00002/FITH AVENLJE INVESTMENPS LLC PARTITION PAGE 20 OF 23
Stomi Water Oualitx
The City has agreed to enfo�e Surface Water Management (SWM) regulations established by C1ean Water
Sennces (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construct�on of on-site water quality facilit�es. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 pencent of the stomi water runoff�enerated Irom 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 C.,'WS standards include a provision that would exclude small pro1'ects such as residential land panitions. It would
be impractical to re quire� an on-site water quality facility to accommodate treatment of the storm water from Parcels 2
and 3. Rather, the C,� standards provide that applicants should pa};a fee in-lieu of constructing a faciliry if deemed
appropriate. Staff recommends payment of the fee ui-lieu on thi.s appl�cation.
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 stonn and surface water system resulting from development,
construchon, grading, excavating, cleariii , and any other activity wluch accelerates erosion. Per CWS
regulations, the applicant is required to su�mit an emsion control plan for City review and approval prior to
issuance of City pemiits.
The applicant shall submit an Erosion Control Plan with the PFI Pernut application for review and approval.
Address Assi nments:
The City o Tigard is responsible for assignin addresses for�parcels within the City.of Ti ard. An addressing fee in the
amount of$50.00 per address shall be assesse�. Th�s fee shall be paid to the Ciry pnor to�ulal plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the given dnveway or street. This will assist emergency services personnel to
more easilyfind a particular home.
Surve Re uirements
The app 'cant's inal plat shall contain State Plane Coordinates AD 83 (9� 1)] on two monuments with a tie to the
Cit}�s global positiorung system (GPS) geodetic control network (GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as required for the subdivision plat boundary. Along with the coordinates, the plat
shall contain tfie scale factor to convert ground measuremenu to gnd measurements and the angle from north to gnd
north. These coordinates can be established by:
. GPS tie networked to the Cit}�s GPS survey.
. By random traverse using conventional survey�ng methods.
In addition, the applicant's as-built drawin gs shall be tied to the GPS network. The applicant's engineer shall provide
the City with an electroruc file with points }or 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).
SECI'ION VII. OTHER STAFF COMMENTS
The City of Tigard Police Depamnent commented on the proposed partition requesting a monument marker be
placed at the foot of the dm�e leading to the residences to ident�fy the house numbers. A condition of approval shall
requu-e the marker.
City of Tigard Public Worits Department was notified of the proposed partition and inquired as to the status of SW
Regina Lane v�nth respect to the Cit}�s connectivity standards, and to the downstream disposition of the stonnwater
connection proposed. These issues are addressed in Staff's fuidings in the Streets and Lhilities Section of this decision.
NO"17C�OF DEQSION MI.P2008-00002/FITH AVEN[JE INVESTMENPS LLC PARTITION PAGE 21 OF 23
City of Tigard Ati�orist h��s reviewed the pro��osal and the applicant's tree removal plan conducted by- a certified
arborist,Kay Kiny�on. The report does not contaui all four of the required components, and,�s therefore, unacceptable.
T�ie tree rrutigation u�fom�ation �s inconsistent with applicant's narrative and the tree protection plan shoa�s grading
��ithin a tree protection zone. The City Arborist comments have been included in the findings for the Landscapu-ig and
Screening and Tree Removal Chapters,above.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and submitted a general comment letter dated March 31, 2008
regarding storm and sanitary sewer, erosion control, and sensitive areas, u-i wluch CWS stated that "the project will not
sigruficantlyimpact the existing S�nsrtive Areas found near the site" (CWS File Nwnber 07-004201). Issues addressed ui
this letter are included in staff tindings in the Streets and Utilities Section of this decision.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments in their March 31
2008 letter. Tualatin Valley Fire &Rescue endorses tivs proposal predicated on the following criteria and conditions o�
approval:
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS:
Access roa s all be a�ithin 150 eet o portions o the e�erior wall o the irst story o the buil in�g as
measured by an approved route around the ea�terior of the building. An approved turnaround �s requu-ed if the
remauung distance to an appro��ed inter�ecting roadway, as measured along the fire apparatus access road, is
greater than 150 feet. (IFC 503.1.1)
The proposal meets this criterion and therefore,no tumaround is required.
2) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The r�vnunum available fire flow for
single farnily dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If
the structure(s) �s (are) 3,600 square feet or larger, the required fire tlow shall be deten�uned according to IFC
Appendix B. (IFC B 105.1)
The nearest fire hydrant as shown on the submitted drawings must be able to provide the required fire
flow demand.
SE CTION VII I. PROCE DURE AND APPE AL INFORMATI ON
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 APRIL 29,2008 AND BECOMES
EFFECTIVE ON MAY 14, 2008 LJNLESS AN APPEAL IS FILED.
�A. �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 18.390.040.G.2. of the Tigard Community Development Code which provides that a written
ap eal together with the re�quired fee shall be filed with the Director wrtlun ten (10) business days of the date the Notice
o}�ec�sion was mailed. The app eal fee schedule and fom�s are available from the Plaiuung Div�sion of Tigard Ciry
Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENUE INVESTMENPS LLC PARTIIION PAGE 22 OF 23
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 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 from tune to tune by the appel[ate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13, 2008.
I�esuons:
e any questions, please call the City of Tigard Pluuvng Division,Tigard City Hall, 13125 SW Hall Boulevard,
Tigard, Oregon at (503) 639-4171.
PREPARED BY: Ga Pa enstecher A�DATE008
Associate Planner
-_ _`��
` i �
. r .. ��t C�- ���--�-�' ' A�ri129,2008
APPROVED BY: Ric ar Bewers o DATE
Planning Manager
i:\curpin\gary\minor land panition\m1p2008-00002(fifth avenue invesunnea llc)\m1p2008-00002 decision.doc
NOTICE OF DECISION MLI'2008-00002/FITH AVENUE INVES7'MEN'I5 LLC PARTITIOIv' PAGE 23 OF 23
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acrf�»cc��rom�,TaH.�+o�+o�es FIFTH AVENUE [NVESTMENTS 1.LC
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NOTICE OF TYPE II DECISION
.,
MINOR LAND PARTITION (MLP) 2008-00002 =
FIFTH AVENUE INVESTMENTS LLC PARTITION
120 DAYS =7 2 2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: FIFTH AVENUE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
e�sting dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784
square feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments, LLC APPLICANT'S Harris-McMonagle Associates, Inc.
OWNER Attn:Robert and Diana Hoober REP: Attn: Steve Bloomquist
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
ZONING
DESIGNATION: R 4.5: Low-Density Residential District. The R 4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
nununum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also pernutted conditionally.
LO(',ATION: 8876 SW Edgewood Street;Washington Counry Tax Map 2S 102DD, TaX Lot 01600.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Cu-culation);
18.715 (Densiry Computations); 18.725 (Environmental Perfonnance Standards); 18.730
(Exceptions to Development Standards); 18.745 (Landscaping and Screening�; 18.765 (Off-
Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance
Areas); and 18.810 (Street and Utility Improvement Standards).
SECfION II. DECISION
Notice is hereby given that the City of Tigard 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�) per page,or the current rate charged for copies at the tune of the request.
SEC'I'ION III. PROCEDURE AND APPEAL INFORMATI4N
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 APRIL 4, 2008 AND BECOMES
EFFEC'I'IVE ON APRIL 19, 2008 LJNLESS AN APPEAL IS FILED.
�A� De-al-:
The D-irector'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 18390.040.G.1 may appeal this decision in
accordance with Section 18.390.040.G.2 of the Tigard Community Development Code wluch provides that a
written appeal together with the required fee shall be filed with the Director v�nthin 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 Plaruling
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 comments subirutted by the parties during the comment period. Additional
evidence concerning�ssues properly raised in the Notice of Appeal may be subrrutted by any party dunn.g the appeal
hearing, subject to any addrtional rules of procedure that may be adopted from tune to tune bythe appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON APRIL 18, 2008.
Fo�estions:
er inforn�ation please contact the Plaruiing Division Staff Planner, GarvPagenstecher at (503) 639-4171,
Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by email to garv ci tigard-or.gov.
-- ,
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NOTIC�TO MORTGAC�E,LIENHOLLr.R,VENDOR OR SELLER
'I'F-�E TTGr'�RD DEVELOPMENT �DE REQLJIRES 'IT-�AT IF YOU REC�IVE Tf-IIS NOTIC�„ IT SHALL BE PRONff''I'L.Y
FOR��'ARDED TO Tf-� PURQ�r'1SER
NOTICE OF PENDING ,,
LAND USE APPLICATION :
MIN�R LAND PARTITION . , ,
DATE OF NOTICE: March 26, 2008
FILE NO.: MINOR LAND PARTITION (MLP) 2008-00002
FILE TITLE: FIFTH AVENUE INVESTMENTS LLC PARTITION
APPLICANT/ Robert and Diana Hoober APPLICANT'S Steve Bloomquist
OWNER Fifth Avenue Investments,LLC �I'� I larris-McMonagle Associates,Inc.
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
REQiJEST: The applicant is requesting approval to partition an approxirnately.61-acre site into three parcels.
LOC'.ATION: 8876 SW Edgewood Street;Washington CountyTax Map 2S102DD, T�Lot 01600.
ZONE: R 4.5: Low Densiry Residential District. The R 4.5 zoning district is designed to accommodate
detached sin le-fanuly homes with or without accessory residenual units at a m,n,mum lot size of
7,500 square�eet. Duplexes and attached single-farrulyuruts are perniitted conditionally. Some civic
and institutional uses are also pec-mitted condiuonally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.765, 18.790, 18.795, and 18.810.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the Ciry making any decision on the Application, you are hereby provided a fourteen (14) day period to subrnit written
comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 9, 2008.
All conunents should be directed to Gary Pagens�echer, Associate Planner (�c2434� in the Planning Division at the Ciry of 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
garyp 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 COMMEN'I'S TO BE CONSIDERED IN THE DECISION-
MAKING PROCESS
"i`HE C:I TY C�F TTGARD APPRE QATE S RE CE IVING COM1v1E NTS AND VALUES YOUR INPUT. GONIIvIENTS WILL
BE CONSIDERED AND ADDRESSED WI1�N TF-�E NOTTCE OF DEQSION. A DEQSION ON T�-IIS ISSUE IS
7'EI�ITATTVELY SQ--�EEDULED FOR APRIL 22, 2008. IF YOU PROVIDE CONII��NTS, YOU WILL BE SENT A COPY
OF TI� FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN CONII��NTS WILL BECOME A PART OF
'IT�E PERMANENT PUBLIC RECORD AND SHALL CONTAIN'I� FOLLOWING INFORMATTON:
. Address the specific "Applicable �iew Criteria" described in the section ,ve or any other criteria believed to be
applicable to this proposal;
• IZaise an}-issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response;
• Conunents that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with
sufficient specificityon that issue.
FAILURE OF ANY PARTY TO ADDRESS TF-�, RELEVANT APPROVAL CRITERIA VGRT'H SLTFFIQENT SPEQFIQT'Y
MAY PRECLL'DE SUBSEQUENT APPEALS TO 'I'I-� LAND USE BOARD OF APPEALS OR QRCtJIT COURT ON
THAT ISSLTE. SPEQFIC FINDINGS DIRECTED AT Tf-�E RELEVANT APPROVAL C�ITERIA ARE WHAT
CONSTI'I'UI'E RELEVANf EVIDENCE.
AFTER Tf� 14-DAY CONiI�'IENT PERIOD QOSES, 1'F-IE DIRECI'OR SHAI_L ISSLJE A �'PE II ADMINISTRATIVE DEQSIO:�`. �1�
DIRECTOR'S DEQSION SHALL BE MAILED TO 1'HE APPLIC'_ANf AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500
FEET OF THE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMIv�NTS OR WHO IS OTf-IERWISE ENTITLED TO
NOTTCE. TI�DIRECTOR'S DEQSION SHALL ADDRESS ALL OF TI-IE RELEVANf APPROVAL CRITERIA. BASED UPON Tf-� QtITERIA
AND'I'f-IE FACTS COI�'TAINED WITHIN TI� RECORD,TfIE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY Tf-�
REQUESTED PERMIT OR AC�'ITON.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the Ciry
• Notice is sent to property owners of record w7thin 500 feet of the proposed development area allowing a 14-day written
ronunent 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 propeny located within 500 feet of the site, as shown on the most recent property 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 othervvise
entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FORREVIEW:
The application, written 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 Communiry Development Department. If}�u aant to
inspect the file,please call and make an appointment with either the project planner or the pla�uung 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
Conunents."
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REQUE ST FOR C�MMENTS ��
-
DATE: March 26, 2008 . � �
TO: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434)
Phone: (503) 639-4171 F�: (503)624-3681 Email:ga tigard-or.gov
MINOR LAND PARTITION (MLP) 2008-00002
- FIFTH AVENLTE INVESTMENTS LLC PARTITION -
REQUEST: The applicant is requesting approval to partition an approximately .61-acre site into three parcels.
LOCATION: 8876 SW Edgewood Street; Washington County Tax Map 2S102DD, Tax Lot 01600. ZONE: R 4.5:
Low Density Residential District. The R 4.5 zoning district is designed to accommodate detached single-family homes with
or without accessory residential units at a minunum lot size of 7,500 square feet. Duplexes and attached single-family units
are pexmitted conditionally. Some civic and institutional uses are also pernzitted conditionally. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765,
18.790, 18.795,and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for y��ur review. From inforniation supplied by
various departments and ag�encies and from other �ormation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 9 2008. You may use the space provided below or attach a
separate letter to return your comments. I u are unable to res ond b the above date, please phone the staff contact
noted above with your comments and co irmy�ur comments in writing as soon as possible. If y�u have any questions,
contact the Tigard Plarming Division, 13125 SW Hall Boulevard, Tigard,(�R 97223.
PLEASE CHECKTHE 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 "'1MMENTS �`�`� �
• - ' NOTIFICA. LIST FOR LAND USE & COMMUNITY DE ./PMENT APPLICATIONS
FILE NOS.: ML -�� Z FILE NAME: � r�''V r t'L-�
CITY OFFICES 6
LONG RANGE PLANNING1Ron Bunch,Planning Mgr. ✓CURRENT PLANNING/Todd PragerlArboris[-Planner ✓OLICE DEPT.IJim Wolf,Crime Prevention Officer
BUILDING DIVISIONlMark Vandomelen,Plans Ex.Supervisor �fNGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer HEARINGS OFFICER(+Z sets)
_CITY A�MINISTRATIONlCathy Wheatley,City Recorder KPUBLIC WORKS! , r _PLANNING COMMISSION/GRETCHEN(+12 sets)
_COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor ✓��FILEIREFERENCE(+2 sets)
_CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialisl(DCA) )
SPECIAL DISTRICTS ° � r � i ;� Z.
TUAL.HILLS PARK&REC.DIST.I��ALATIN VALLEY FIRE&RESCUE� _ TUALATIN VALLEY WATER DISTRICT♦ �CLEAN WATER SERVICES�Y
Planning Manager North Division Adminisirative Office Marvin Spiering/SWM Program
15707 SW Waiker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue
Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124
Beaverton,OR 97005-1152
LOCAL AND STATE IURISDICTIONS
�
CITY OF BEAVERTON a1F _ CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood cw�uN Fom,R.Q���aa�
_ Steven Sparks,Dev s��5 nna�a9e� 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 � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,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) US ARMY CORPS.OF ENG.
Durham,OR 97224 _ Paulette Allen,Gro�NhManagemeniCoortlinffia OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris�MaP.acws�.n.�o�iy�
_ Mel Huie,Green5pace5Coortlmator(CPAlZOA) MBfa UII08(Comp PlanAmendmenls8hleasure37� Routing CENWP-OP-G
CITY OF KING CITY� _ Jef�fllf2f BUdh8bh2tti,rteyiona��an�rlwenanesl 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowlhManagemeniServices Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
_ OR.DEPT.OF ENERGY�PO�.-eni�es i�nrea� OR.DEPT OF AVIATION(MOOOVOw Towersl Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,Piann�ng 155 N.First Avenue
_CITY OF LAKE OSWEGO +IF 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�ce�e�a�nPPs
Lake Oswego,OR 97034 Planning Division�zcn�MS,a
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cPn�
CITY OF PORTLANU (NObfyfor WetlanOS antl VotenUal hmrtonmental Impacis) Development Review Coordinator poria Mateja czcn�MS,a
Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va���«,si _Sr.Cartographer�cowzc,,MS,.
1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rve��a�,M5,5
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,r�,MO��.r�.,«„ Sam Hunaidi,AssistantDistrictManager (No[ifyilODOTRIR-Mwy.CrossinqisOnlyAccesstoLand) PRESERVATION OFFICE
PO Box 6375 6000 5W Raab Road Dave Lanning,Sr CrossingSafeySpeciarist (Na�ilyiTPropeAyHasMOOvarley)
Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street,NE,Suite 3 725 Sumner Street NE,Suite C
Saiem,OR 97301-4179 Salem,OR 97301
UTILITY PROVIDERS AND SPECIAL AGENCIES 7
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Bur�ington Northem/Santa Fe R/R Predecessor)
Bruce Carswell,President&General Manager
1200 Howard Drive SE
Albany,OR 97322-3336
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS YC:UMCAST CABLE CORP. ✓TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n�,�e.aro�so��Y� Gerald Backhaus�s��o�.�aaa�,�a�v (IfPrqectlsWlthlnY.MileolaTransitRoute)
5424 SE McLoughiin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,5-6020 Beaverton,OR 97005 710 NE Holladay Street
��B averton,OR 97006-4886 Po land,OR 97232
�ORTLAND GENERAL ELECTRIC Y NW NATURAL GAS COMPANY YVERIZON QWEST 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
TIGARDfTUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC.
Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev ,s��o�«aeac��n Brian Every�w�e�����a�w,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue
Tigard.OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PRO�ECTS(Projett Planner I5 Responsible For Inditating Parties To Notify�. h:\pattylmasterslRequest For Comments Notification List.doc (UPDATED: 18-Dec-07)
(Also update:i:lcurpin\setup'JabelsVannexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documer
. �
MEM � RANDUM
TO: Gary Pagenstecher
FROM: Todd Prager, City Arborist
RE: Fifth Avenue Investments LLC Partition
DATE: March 31, 2008
As you requested I have provided comments on the "Fifth Avenue Investments LLC
Partition" project. If you have any questions or concerns regarding my comments
please contact me anytime.
18.745.030 Genera!Provisions
C, lnstallation 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 plant material shall be of high grade, and shall meet the size and
grading standards of the American Standards for Nurberg Sfock
(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 Occupancv. 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 plantin_q 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.
This requirement has been met.
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.
18.790.030, Tree P/an Requirement
A. Tree plan re4uired. 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 parce/s 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.
As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified
arborist. However, the tree plan does not contain all of the required elements (see B2
and B4 below).
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees
including trees designated as significant by the city;
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/oss 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 l2 inches in
caliper requires that 50 percent of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation.
This requirement has not been met. The report indicates that 4 of 5 regulated trees
(over 12" non-hazardous and non-fruit bearing) will be removed. This represents 20%
retention, not 46.9% as indicated by the applicant. Please have the applicant revise
their mitigation proposal. 20% retention requires mitigation of 100% of the inches
removed. Therefore, the applicant is required to mitigate for all 70 inches removed.
Finally, since the mitigation proposal is a tree plan requirement, it needs a signature of
approval from the project arborist certifying that the species and placement of mitigation
trees has been reasonably calculated to provide for their growth to maturity.
3. Identification 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 tree protection detail on sheet 4 dated 2-29-08
lists the height of the fence as 4' minimum. However, our requirement is a minimum
height of 5'. Please have the applicant revise their tree protection fence detail to show it
as 5' minimum height.
Also, there appears to be some slight grading proposed within the tree protection zone
in the southeast portion of the property. Please have the applicant revise the plan so
there is no grading within the tree protection zone. This can not be accomplished by
reducing the size of the tree protection zone without a signature of approval from the
project arborist.
18.790.040 Incentives for Tree Retention
B. Subsequent removal of a tree. Any tree preserved or retained in
accordance with this section may thereafter be removed only for the
reasons set out in a tree plan, in accordance with Section 18.790.030, or as
a condition of approval for a conditiona! use, and shall not be subject to
remova!under any other section of this chapter. The property owner shall
record a deed restriction as a condition of approva!of any development
permit affected by this section to the effect that such tree may be removed
only if the tree dies or is hazardous according to a certified arborist The
deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either die or be removed
as a hazardous tree. The form of this deed restriction shall be subjeci to
approval by the Director.
A condition of approval will ensure that this standard is met.
18.790.050 Permit Applicabilitv
A. Remova!permit required. Tree removal permits shall be required only for
the removal of any tree which is Iocated on or in a sensitive land area as
defined by Chapter 98.775. The permit for removal of a tree shal!be
processed as a Type I procedure, as governed by Section 18.390.030, using
the following approval 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 contro!plan which precludes:
a. Deposits of mud, dirt, sediment or similar materia!exceeding 1/2 cubic
foot in volume on public or private streets, adjacent property, or into the
storm and suriace water system, either by direct deposit, dropping,
discharge or as a result of the action of erosion;
b. Evidence of concentrated flows of water 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 Environmenta!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 /ess
than a 75% canopy cover or no /ess than the existing canopy cover if the
existing canopy cover is /ess than 75%.
B. Effective date of permit. A tree removal permit sha/!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 be extended for a period of
up to one year if the Director finds that the applicanf is in compliance with
all prior conditions of permit approva!and that no material facts stated in
the origina!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. Is a nuisance affecting public safety as defined in Chapter 7.40 of the
Municipa! Code;
4. !s 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.
This requirement does not appear to be applicable to this project.
CONDITIONS OF APPROVAL
Street Trees
This requirement has been met.
It is acceptable for them to include a note on their street tree plans 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 not been met. The report indicates that 4 of 5 regulated trees
(over 12", non-hazardous, and non-fruit bearing) will be removed. This represents 20%
retention, not 46.9% as indicated by the applicant. Please have the applicant revise
their mitigation proposal. 20% retention requires mitigation of 100% of the inches
removed. Therefore, the applicant is required to mitigate for all of the 70 inches
removed.
Finally, since the mitigation proposal is a tree plan requirement, it needs a signature of
approval from the project arborist certifying that the species and placement of mitigation
trees has been reasonably calculated to provide for their growth to maturity.
Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash
deposit) for the equivalent value of mitigation required. Any trees successfully planted
on or off-site, in accordance with an approved Tree Mitigation Plan and TDC
18.790.060.D, will be credited against the assurance two years after all of the trees are
planted per the approved Tree Mitigation Plan. The Tree Mitigation Plan shall include a
signature of approval from the project arborist and be due for review and approval prior
to tree planting or the issuance of building permits, whichever is first. The mitigation
proposal shall show the species, location, and spacing of mitigation trees in relation to
buildings, infrastructure, existing trees, street trees, and each other. After the plan is
approved and the trees are planted, the project arborist shall submit a letter to the City
Arborist to certify that all of the mitigation trees were properly planted per the approved
Tree Mitigation Plan in order to set the starting point of the two year tree establishment
period. After the two year establishment period, the applicant shall provide a re-
inventory of the mitigation trees conducted by a certified arborist in order to document
mitigation tree survival, and compliance with the approved Tree Mitigation Plan. The
remaining value of caliper inches not successfully mitigated shall be paid as a fee in-lieu
of planting from the original cash assurance.
Tree Protection
This requirement has not been met. The tree protection detail on sheet 4 dated 2-29-08
lists the height of the fence as 4' minimum. However, our requirement is a minimum
height of 5'. Please have the applicant revise their tree protection fence detail to show it
as 5' minimum height.
Also, there appears to be some slight grading proposed within the tree protection zone
in the southeast portion of the property. Please have the applicant revise the plan so
there is no grading within the tree protection zone. This can not be accomplished by
reducing the size of the tree protection zone without a signature of approval from the
project arborist.
All trees to be retained shall be protected 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 fencing as directed by the project arborist 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.
• If the Builder is different from the Developer or initial applicant:
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, or 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
civil penalties can be assessed and/or 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 Occupancy, 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.
� ,
�
��
Tualatin Valley
Fire & Rescue
March 31, 2008
Gary Pagenstecher, Associate Planner
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Fifth Avenue Investments LLC Partition (MLP) 2008-00002
Dear Gary,
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) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads
shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an
approved route around the exterior of the building. An approved turnaround is required if the remaining
distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater
than 150 feet. (IFC 503.1.1)
The proposal meets this criterion and therefore no turnaround is required.
2) 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 B105.1)
The nearest fire hydrant as shown on the submitted drawings must be able to provide 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
Nort/r Division Offrce
14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax:503-644-2214 www.tvfr.com �
RE QUE ST FOR COMMENTS ��
-
DATE: March 26,2008 , � �
TO: ,Jim Wolf,Tigard Police De�artznent Crime Prevention Officer
FROM: Cit�of Tigard Planning Division
STAFF CONTACT: GarY Pagenstecher,Associate Planner(x2434)
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: ga tigard-or.gov
MINOR LAND PARTITION (MLP) 2008-00002
- FIFTH AVENUE INVESTMENTS LLC PARTITION -
REQUEST: The applicant is requesting approval to partition an approxirnately .61-acre site into three parcels.
LOCATION: 8876 SW Edgewood Street; Washington County TaY Map 2S102DD, Tax Lot 01600. ZONE: R 4.5:
Low Density Residential District. The R 4.5 zoning district is designed to accommodate detached single-f arruly homes with
�r without accessory residential units at a muiimum l�t size of 7,500 square feet. Duplexes and attached single-fanuly units
are pernzitted conditionally. Some civic and institutional uses are also pern�itted conditionally. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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 report and recommendation will be
prepared and a dec�sion wll be rendered on the propo�sal in the near future. If you w�sh to comment on this application,
WE NEED YOUR COMMENTS BACK BY: AI'RIL 9 2008. You may use the space provided below or attach a
separate letter to return your comments. I u are una le to res ond b the above date, please phone the staff contact
noted above with yc�ur comments and co umyour comments in writing as soon as possible. If you have any questions,
contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter or email.
� Written comments provided below:
c� ���� q ����t �� �� �,�. �t � ar,��, �a, � �w,�.
teh,de�n�.� �d�wr����y,�q a�,�„ ho�,�.. hv�•br�5.
Name&Number of Person Commenting: �.1M �0�,� � 2-��'4�
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C1eanWater Services
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MEMORANDUM
DATE: March 31, 2008
FROM: David Schweitzer, Clean Water Services
TO: Gary Pagenstecher, Associate Planner
City of Tigard Planning Division
SUBJECT: Review Comments—Fifth Ave. Investments LLC Partition, 2008-00002 MLP
GENERAL COMMENTS
■ This Land Use Review by Clean Water Services (CWS)does not constitute approval of
storm or sanitary sewer compliance with the NPDES permit held by CWS. CWS must
review and approve final construction plans prior to issuance of any construction and/or
connection permits.
■ All provisions of the development submittal shall be in accordance with current CWS Design
and Construction Standards, (presently R&O 07-20), and all cunent Intergovernmental
Agreements between the City and CWS.
■ Final construction plans shall be reviewed and approved by CWS for conformance with
current CWS Design and Construction Standards and any conditions of the Service Provider
Letter prior to issuance of any construction permits.
■ A Stormwater Connection Permit shall be required, as authorized by CWS, prior to
construction of sanitary sewer, storm and surface water systems, final plat approval.
■ Public sanitary and storm sewer easements shall be required in accordance with current CWS
Design and Constri!�tion Standards; 15' minimum for one line, 20' for multiple lines.
SANITARY SEWER
■ Each lot in the development shall be provided with a direct gravity side sewer(service
lateral) connection to a public sanitary sewer mainline in accordance with current CWS
Design and Construction Standards. Each sanitary lateral shall provide service to only one
lot and shall be contiguous with public right-of-way or public sanitary sewer easement.
■ As proposed on sheet 5/7 Preliminary Utility Plan, the 15' Sanitary Sewer Easement along
the south property line of parcel 3 shall either be a public easement, in which case the
sanitary line shall be a minimum of 6", or if a private easement follow the conditions of
5.09.3 (b).
2550 5W Hillsboro Highway• Hills6oro, Oregon 97123 �
Phone: (503) 681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org
��///
' �\�:
,
Clean`1Uater Services
Oiir ����iiiniifnicni i� cicar.
STORM DRAINAGE AND WATER QUALITY
■ Each lot in the development shall be provided with a gravity service lateral and individual
connection to a public storm conveyance.
■ A hydraulic and hydrological analysis of the existing drainage and downstream storm
conveyance system, in accordance with current CWS Design and Construction Standards, is
required. The applicant is responsible for mitigating downstream storm conveyance if the
existing system does not have the capacity to convey the runoff volume from a 25-year, 24-
hour storm event.
■ As proposed on sheet 5/7 Preliminary Utility Plans, the storm line along the north property
line of parcels 1, 2, and 3, shall be a public extension of the storm line contained in a 15'
storm drain easement. As a public line, Lynch Type catch basins are not permitted.
■ On final construction plans the proposed storm outlet into the existing drainage flows shall
have outfall protection sized per chapter 5.07.7 and Table 5-5.
SENSITIVE AREA
■ CWS has reviewed this proposal for Tax/Lot Map 2S1 02DD-01600 and issued a Service
Provider Letter(SPL), CWS File Number 07-004201, for the proposed development dated
November 21, 2007. The project will not significantly impact the existing Sensitive Areas
found near the site.
■ As proposed on sheet 5/7 Preliminary Utility Plan, the storm outfall into the existing drainage
within the Sensitive Area is not covered under this SPL and an amended SPL for the off site
work shall be required.
F,ROSION CONTROL.
■ All CWS erosion control requirements in accordance with current CWS Design and
Construction Standards shall be met.
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 � .
Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org �
. 1 � �
RE QUE ST F OR C�MME NT S ��
.
DATE: March 26, 2008 . � �
TO: Brian Rager, Assistant Public Works Director
FROM: City of Tigard Planning Division
STAFF CONTACT: Gar�Pagenstecher, Associate Planner(�434�
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: �r�}�a tigard-or.gov
MINOR LAND PARTITION (MLP) 2008-00002
- FIFTH AVENUE INVESTMENTS LLC PARTITION -
REQLTEST: The applicant is requesting approval to partition an approximately .61-acre site into three parcels.
LOCATION: 8876 SW Edgewood Street; Washington County T� Map 2S102DD, Tax Lot 01600. ZONE: R 4.5:
Low Density Residential District. The R 4.5 zoning district is designed to accommodate detached single-farruly homes with
or without accessory residential units at a muiunum lot size of 7,500 square feet. Duplexes and attached single-family units
are pernzitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765,
18J90, 18J95,and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforn�ation supplied by
various departments and ag�encies and from other�orniation available to our staff, a report and recommendation will be
prepared and a dec�sion will be rendered on the propo�sal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: Al'RIL 9 2008. You may use the space provided below or attach a
separate etter to return your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above with your comments and co u�myour comments in wntmg as soon as possible. If yc�u have any questions,
contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,C�R 97223.
PLEASE CHECKTHE 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:
• � �� � '� f� 0.°� .
� �
x 7�r� I
Name &Number of Person Corrunenting:
�
.
Brian Rager
Subject: MLP 2008-00002: Request for Comments
Start Date: Monday, March 31, 2008
.�Due Date: Friday, April 04, 2008
Status: Not Started
Percent Complete: 0%
Total Work: 0 hours
Actual Work: 0 hours
'J Q�/ l+L .�Y -;
Owner: John Goodrich; Sam Morrison; Theresa Reynolds; Rob Block; Vance Walker
This is a RFC from Planning for land use.
Three-lot partition fronting Edgewood Street. Just looking for 50,000 foot view comments at the stage.
One question I will raise is what CD intends to do with Regina Lane. The applicanYs materials suggest the city is looking
to re-align the roadway further north. That is possible, given that the Wall Street intersection is fu�ther north.
Thanks.
1
�
.
Brian Ra er
From: Brian Rager
Sent_____�_ ----.- _ __ Monda A ril 2008 1:32 P
To: Ga Pa ensteche
Cc: Kim McMillan; Rob Block; heresa Reynolds
Subject: MLP 2008-00002
Please consider this e-mail PW's written comments on the MLP.
• How does Staff plan to deal with the Regina Way issue? The applicant's materials suggest the City is looking to
relocate the street further north. I assume they are talking about a potential alignment with Wall Street? But how
will you address the street connectivity criteria now, with Regina ROW there now?
• Storm-related. The proposed storm line runs to the east and appears to"tie into"an existing culvert. This is not a
good practice and I doubt we would approve of such a connection. The applicanYs materials are unclear as to
whether they plan for this line to be public versus private. We can get into more detailed review at the next stage
of the project when Kim's group reviews any proposed public lines or connections to public lines.
Thanks.
Brian D. Rager
Assistant Public Works Director
8777 SW Burnham Street
Tigard, OR 97223
503-718-2471
brianr(a�tiqard-or.qov
Public Works:
"Taking Care of Our Community"
1
✓
� y `
To: Gary Pagenstecher
Associate Planner
Planning Division
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: Minor Land Partition (MLP) 2008-00002
Dear Mr. Pagenstecher,
Please allow this e-mail as our written submittal commenting on the referenced MLP.
While we are not pleased with the increased density to the quiet community that was once
enjoyed on the short Edgewood Street, we are fully aware that the metropolitan area including the
City of Tigard is pressing for these developments. If it must become a reality, please at a
minimum consider the following points when designing the configuration that will be approved.
Point 1: Tigard promotes itself as a city of trees with many scheduled planting efforts
coordinated over the past few years or more. As such it would be expected that the large
healthy redwood that is very close to the street were not removed. Contractors often look at
such trees as a source of profit and will make any excuse to show cause for removal. If they
would take the approach of Frank Lloyd Wright and configure the building around the natural
surroundings both the trees and the buildings themselves would improve the visual appeal of the
community instead of the ugly appearance of pill box houses squeezed next to each other.
Point 2: A number of years ago a proposal was made to run a street from Hall to
Edgewood through the property on this MLP request. The signature collected at that time
against the proposal are on record and the alternative plan proposed by the citizens should be
retained as the permanent plan. That suggestion is still valid and the points against the through
street are also still valid. In addition, such a road would create undesirable traffic next to the
existing residence immediately to the north of this property. The access road to the additional
houses would then be positioned in such a manner to not disturb the tree mentioned above nor
create undesirable traffic volume.
We hereby submit the above points and ask that they be entered into the record regarding this
application.
Sincerely,
William and Teresa Lasniewski
8860 SW Edgewood Street
Tigard, OR 97223
Bill Lasniewski, C.P.M.
Strategic Procurement Manager BA NAM
Sulzer Pumps (US) Inc.
2800 NW Front Ave.
Portland, OR 97210
Ph: 503-226-5530
✓
y �
CeII: 503-887-8291
e-mail: william.lasniewski(a�sulzer.com
P Please consider the environment before printing this mail.
. ,
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 4/24108
TO: Gary Pagenstecher, Associate Planner
FROM: Kim McMillan, Development Review Engineer��
RE: MLP2008-00002 Fifth Avenue Investments
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.
A preliminary sight distance certification for the shared driveway was submitted
by Harris-McMonagle Associates, dated February 20, 2008. The speed limit on a
local street is 25 mph, requiring a minimum sight distance of 250 feet in each
direction.
The proposed access is shown located 140 feet north of the 90 degree turr� on
SW Edgewood Street. The engineer states that the sight distance from the
proposed access point was measured to be 250 feet in both directions. Because
of the geometry of the road to the south the applicant's engineer shall submit a
diagram to show how sight distance of 250 feet can be achieved. This shall be
submitted prior to issuance of building permits.
All driveways are shown to access SW Edgewood Street. No vehicular access
will be allowed to SW Regina Lane.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The applicant is proposing a single driveway and a shared driveway on
Edgewood, a local street. This criterion is met.
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 1
✓
Street And Utilitv Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
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 Edgewood Street, which is classified as a local
street on the City of Tigard Transportation Plan Map. At present, there is
approximately 20 feet of ROW from centerline, according to the most recent tax
assessor's map. The applicant should dedicate the additional ROW required to
provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the
impact from this development, the applicant should enter into a future street
improvement agreement.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 2
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is
not intended to be a through street and may be closed or have limited
ingress/egress with future development. Therefore, this development is not
required to provide a future street extension.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to shoHe that
a street connection is not possible. The applicant must shovv why the
constraint precludes some reasonable street connection.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is
not intended to be a through street and may be closed or have limited
ingress/egress with future development due to limited access on Hall Boulevard, an
arterial. Therefore, this development is not required to provide a future street
extension.
Block Designs - Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 3
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
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 recarded access
easement. In cases where the lot is for an attached single-family dwellir�g
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans show a future sidewalk along their SW Edgewood Street
frontage and the narrative requests they be allowed to enter into a future street
improvement agreement for half-street improvements. The future street
improvement agreement for SW Edgewood frontage will include the sidewalk and
planter strip.
The applicant will be required to construct a 5 foot wide concrete sidewalk, in a
public easement, along their north property line and within SW Regina Lane in
order to provide a pedestrian connection between the SW Edgewood
neighborhood and SW Hall Boulevard. This meets the Block Size standards of
18.810.040 when a street connection is not possible and also provides a direct,
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 4
safe pedestrian route to transit facilities and Neighborhood Activity Centers (the
Tigard Public Library).
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 sanitary sewer line in SW Edgewood Street and also in SW
Regina Lane. The applicant's plans show that Parcel 1 is served by an existing
lateral to the sewer line in SW Edgewood Street. The applicant proposes to
serve parcels 2 and 3 from a sewer manhole at the south east corner of the
property.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing 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
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 5
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
This development is adjacent to Pinebrook Creek. For a development of this
size, a minor land partition, detention is not required. However, a fee-in-lieu of
providing detention is required.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 6
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 west frontage of SW
Edgewood Street. If the fee in-lieu is proposed, it is equal to $35.00 per lineal
foot of street frontage that contains the overhead lines. The frontage along this
site is 114 lineal feet; therefore the fee would be $ 3990.00.
Public Water System:
The City of Tigard provides service in this area. The applicant's plans show two
new domestic meters will be installed to serve Parcels 2 and 3. The existing
domestic meter will be used for Parcel 1.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designeci 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 2 and 3. 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 required to submit an
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 7
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 for review and approval.
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.
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survev 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 nefinrork (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network.
The applicanYs 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:
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 8
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover the pedestrian connection,
utility connections and any other work in the public right-of-way. Six (6) sets
of detailed public improvement plans shall be submitted for review to the
Engineering Department. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include sheets
relevant to public improvements. Public Facility Improvement (PFI) permit
plans shall conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the City's web page (www.ti.arq d=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
building phase. If the City Engineer deems such a plan necessary, the
applicant shall provide the plan prior to issuance of building permits.
. 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 Edgewood Street
as a part of this project:
A. street trees in the future planter strip area spaced per TDC
requirements;
B. streetlight layout by applicant's engineer, to be approved by City
Engineer; and
C. driveway apron (if applicable).
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit indicating that they will
construct a 5 foot wide concrete pedestrian path from SW Edgewood Street
to SW Hall Boulevard.
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 9
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Bethany Stewart, Engineering).
. Prior to final plat approval, the applicant shall provide a public pedestrian
path easement along their north property line to accommodate a 5 foot wide
concrete pedestrian path.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Edgewood Street
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. Lots 1-3 shall not be permitted to access directly onto SW Regina Lane.
The applicant shall cause a statement to be placed on the final plat to
prohibit access to SW Regina Lane from Lots 1 -3.
. The applicant shall cause a statement to be placed on the final plat to
indicate that the proposed shared drivway will be jointly owned and
maintained by the private property owners who abut and take access from it.
. The applicant's engineer shall submit a sight distance diagram for the
proposed shared access on SW Edgewood Street for review and approval
prior to final plat approval.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22) 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
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 10
measurements to grid measurements and the angle from north to grid north.
These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
2421).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
D. The right-of-way dedication for SW Edgewood Street, providing 27
feet from centerline, shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicanYs
surveyor.
F. After the City and County have reviewed the final plat, submit one mylar
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 applicant shall provide the City with
as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG"format, if available; otherwise "DXF" will be
ENGINEERING COMMENTS MLP2008-00002 Fifth Avenue Investments PAGE 11
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
. The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
. The applicant shall either place the existing overhead utility lines along SW
Edgewood Street underground as a part of this project, or they shall pay the
fee in-lieu of undergrounding. The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If
the fee option is chosen, the amount will be $ 3990.00 and it shall be paid
prior to issuance of building permits.
. During issuance of the building permit for Parcels 2 and 3, 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 MLP2008-00002 Fifth Avenue Investments PAGE 12
r �
� AFFIDAVIT OF POSTING NOTICE
°`�� OF A LAND USE PROPOSAL
I�IPORTANT 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�pplicarions for:
Land Use File Nos.: MLP2008-00002
Land Use File Name: FIFTH AVENiJE INVESTMENTS LLC PARTITION
I, C'7ary Pagenstecher, Associate Planner for the Cit�of Tig,ard, do affirm that I posted norice of the land use proposal
affecting the land located at (state the approximate location( IF no address(s) and/or tax lot(s) currently
registered) � 7 b 5 �' � ���`�'d'
and did personally post norice of the proposed land use application(s) b��means of weatherproof posting in the general
vicuuty of the affccted territory, a copy of said notice being hereto attached and by reference made a part hereof,
on the�G day of �/�!� . �ppg.
� _—
Signature of Person o P ormed Posting
h:\In�i\pam�\mastecs\affida��t nf posting fur applicant ro po�t pubGc heannK.doc
FIFTH AVENUE INVESTMENTS LLC PARTITI4N
MINOR LAND PARTITON MLP 2008-00002 '
'r
REQUEST: The applicant is requesting approval to partition an
approximately .61 -acre site into three parcels. LOCATION: 8876 SW
Edgewood Street; Washington County Tax Map 2S 102DD, Tax Lot
01600. ZONE: R-4.5: Low-Density Residential District. The R- " 5
zoning district is designed to accommodate detached single-family homes
with or without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.745, 18.765, 18.790, 18.795, and 18.810.
Further information may be obtained from the Planning Division �staff contact: Gary
Pa�enstecher, Associate Planner (x�� at 13125 SW Hall Blvd., Tigard, Oregon 97223, or
by calling 503-639-4171 or by email to �,a ,r�(a�,ti ard-or.gov. 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.
LP -- �� � � �
GEOGRAPHIC INFORMPTiON SYSIEM
�
AREA NOTIFIED
(500')
_ Q
w
_ cn
J _
L1J
_'2 - _ - T--
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—__._ _ IQNNI � _________________
- ������ J mnmm� n°n�� FOR: Harris McMonagle
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— — Q o � �� is valid for 3 months from
mmemM ��� � � ° °o the dat@ p►ieted on thls map.
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' ' IMom�ation on t�is map is�or general bcalion only and
w COLONY CREEK CT shouldbeverifrodv�thNeDavelopmeMServicesDivisbn.
13125 SW Hall Blvd
� � ---�� � ; � � - TigaM.OR 97223
Q � �' � (503)639-4171
. I IT I � I � \� htlp:lhNNY.ci.�igefEAf.uS �
Community Development Plot date: Feb 20,2008;C:lmagiclMAGIC03.APR
2 02DD-0580 2 02DD-0020
199 - 02 RTITION PLAT CI F ARD
OWN F LOTS 1 &2 1312 HALL BLVD
T ARD,OR 7223
2S 102 DC-00503 2S 102DD-00902
ABBOTT TERRY A&LAURIE J COLLING CHARLES
8995 SW EDGEWOOD ST 13835 SW HALL BLVD
TIGARD,OR 97223 TIGARD,OR 97223
2S102DD-90232 2S102DD-00900
ALEMU YOHANNES COLLING CHARLES W
13706 SW HALL BLVD STE 3 13835 SW HALL
TIGARD,OR 97224 TIGARD,OR 97223
2S102DD-90111 2 102DD-0090
ALTMIRE GEORGE 8 DORIS CO ING ARLES W
13712 SW HALL BLVD#1 138 HALL
TIGARD,OR 97223 ARD, 97223
2S102DB-00602 2S102DD-00808
BEDOLLA KAREN R CURTIS FAMILY TRUST 8�
8915 SW O'MARA ST CURTIS DAVID L CRED SHEL TRUST
TIGARD,OR 97223 BY CONSTANCE G CURTIS TR
15285 SW ALDERBROOK CT
TIGARD,OR 97224
2S 102 DD-04100 102 DD-00812
BLEVINS JESSE&CHARMIAN CU FAMILY T ST 8
13807 SW FANNO CREEK DR CURTIS I CRED SHEL TRUST
TIGARD,OR 97223 BY CON G CURTIS TR
152 W ALDE ROOK CT
T ARD,OR 97224
25102DD-01500 102DD-00813
BLICK CARL J DONA JEAN CU S FAMILY T ST&
8740 SW O'MARA CURTIS VI CRED SHEL TRUST
TIGARD,OR 97223 BY CONS E G CURTIS TR
152 W ALD ROOK CT
ARD,OR 97224
2S102DD-00802 2S102DD-90142
BOSSHARDT ARTHUR A CVETIC DEBORAH L
13915 SW HALL BLVD 13712 SW HALL BLVD STE 4
TIGARD,OR 97223 TIGARD,OR 97224
2S102DD-90222 25102DC-00600
BRIDGMON DEBRA DEMMIN DWAYNE W 8�ANGELA L
13706 SW HALL BLVD#2 8930 SW OMARA ST
TIGARD,OR 97224 TIGARD,OR 97223
2S102DD-90132 2S102DD-90161
BROWN SHAWN L DOWNES PAUL W
13712 SW HALL BLVD#3 13712 SW HALL BLVD#6
TIGARD,OR 97223 TIGARD,OR 97223
2S102D6-00601 2S102DC-00700
DOWNS MATTHEW J&MONIQUE C HAWKINS JEFFERY S
8855 SW OMARA ST 8900 SW OMARA
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01200 2S102DD-90242
DUFFIELD EDWARD D SUSAN HOLDEN SPENCER R
8895 SW EDGEWOOD 13706 SW HALL BLVD STE 4
TIGARD,OR 97223 TIGARD,OR 97224
2S102DD-01200 2S102DD-01603
FACHIOL JOHN C 8�MARIANA HOLLAND RONALD P MARY L
13615 SW HALL BLVD 8850 SW EDGEWOOD
TIGARD, OR 97223 TIGARD,OR 97223
z zoo-so 2s�o2�o-o�aoo
FANN OINTE CONDOS HOLSTEIN MARVIN R/LORETTA R TRS
O RS ALL UNITS 8710 SW OMARA
, 0 � TIGARD,OR 97223
25102DD-90252 2S102DD-01600
FIELDS JENNIFER R HOOBER ROBERT W&DIANA R
13706 SW HALL BLVD STE 5 PO BOX 1637
TIGARD,OR 97224 TUALATIN,OR 97062
2S 102 D D-00809 2S 102D D-90711
GARDNER RICHARD A JARAMILLO PANDORA
13940 SW 87TH CT 13694 SW HALL BLVD#1
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01300 2S102DD-01601
GARIBALDI ALBERT R&PATRICIA S JENSEN DAVID L AND LOIS C
8920 SW EDGEWOOD ST 8840 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-07400 2S702DD-00871
GERTZ CONSTRUCTION CO INC KERR MAUREEN ELIZABETH
19200 SW 46TH AVE 13900 SW 87TH CT
TUALATIN,OR 97062 TIGARD,OR 97224
2S102DC-01100 2S102DD-05900
GOETZ NANCY K KERR MICHAEL JAMES&
8935 SW EDGEWOOD ST JEAN ELIZABETH
TIGARD,OR 97223 9354 SW FAST PL
TIGARD,OR 97223
2S102DC-01305 2S102DD-01300
HARRIS RICHARD G&CAROL D KRAEMER JULIA A 8�MARK W
8930 SW EDGEWOOD ST PO BOX 80665
TIGARD,OR 97223 PORTLAND,OR 97280
2S102DC-00800 2S102DD-90122
LALLY DONALD P&BRENDA J RALL EMILY
8870 SW O'MARA ST 13712 SW HALL BLVD#2
TIGARD,OR 97223 TIGARD,OR 97223
2S 102 DD-01604 2S 102DD-05700
LASNIEWSKI WILLIAM L AND REUTHER DEBBIE
TERESA A 11900 SW JAMES CT
8860 SW EDGEWOOD TIGARD,OR 97223
TIGARD,OR 97223
2S 102 DC-01301 2S 1020C-01000
LEHR RONALD D 8 DONA K RUSSELL NORMAN L
8935 SW MCDONALD 8857 SW EDGEWOOD ST
TIGARD.OR 97224 TIGARD,OR 97223
2S 102 DC-01304 2S 102 D D-00801
MABRAY LARRY G RUSSELL SCOTT A&MADELYN L
8890 SW EDGEWOOD ST 13855 SW HALL BLVD
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-00900 2S102DC-00500
MACLEAN DANIEL M SAIDEEPANE SEE&CHANTHA
8855 SW EDGEWOOD ST 9000 SW O'MARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2 S 102 D D-01501 2 S t 02 DD-00400
MCANDREW JOHN W&ANGELA D SOLARES HOMES L L C
8830 SW OMARA ST BY NORRIS BEGGS 8�SIMPSON
TIGARD,OR 97223 LOAN SVC DEPT
121 5W MORRISON#200
PORTLAND,OR 97204
2 S 102 D D-00903 2S 102 DD-90261
MCELEVEY MICHAEL J STENSON RICHARD
8880 SW EDGEWOOD ST 13706 SW HALL BLVD STE 5
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-01402 2S102DD-90152
MILLER DANIEL W&KRISTIN D STEPHENS MARY C
17656 MARDEE AVE 13712 SW HALL BLVD#5
LAKE 05WEG0, OR 97035 TIGARD,OR 97223
2S102D8-00603 2S102DD-011 DO
OTTING LOIS E TANAKATORU&FUSAE
8885 SW O'MARA ST PO BOX 19403
TIGARD,OR 97223 PORTLAND,OR 97280
2S102DD-90211 2S1 D2DD-01602
PHIFER MARK UCHRISTINE M TOKUDA KAZUHIDE AND
22020 SW COLE CT CAROL LYN
TUALATIN,OR 97062 8870 SW EDGEWOOD ST
TIGARD,OR 97223
2S102DC-01401
UNDERHILL MARK R 8�
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD,OR 97223
2S102DD-05600
US BANK NATIONAL ASSN TR
3476 STATESVIEW BLVD
FT MILLS, SC 29715
2S102DC-00504
WILSON JOHN G&JODY K&
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD,OR 97223
2S102DD-06000
ZEHNDER SHANE W&HEATHER A
13910 SW 87TH CT
TIGARD,OR 97224
Josh Thomas Susan Beilke
10395 SW Bonanza 11755 SW 114�h Place
Tigard, OR 97224 Tigard, OR 97223
Gretchen Buehner David Walsh
13249 SW 136th Place 10236 SW Stuart Court
Tigard, OR 97224 Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTE� PARTIES fov. I of II fi:lcuroln\setun\labels\CIT South.docl UPDATED:4-Mav-07
Feb. 19. 2008 3; 53PM HARRIS MCMONAGLE ASSOC No. 4340 P. 2
C�TY OF TIGAR�
COMMUNITY D�VELQPME�;T DEP?�RT�1E�'T
PL��I�TNING �7IVISIO?� °s
�312� Su%`Hr1LL$OULEVA,RTJ : �
'I'ZGARD, 4RECTON 97223
PHO1�1F; �03-G39-4171 F.aX: 503-624,3G81 (_atm: �'am-;�PlanningJ E1L�1IL: °,�a!!�(�t`.r.�i��nrci-nr.�;�;- �
REQLIEST �OR 500—FOQ'� �ROPERTY OWNER MA.�LING LIST
Pxo�ert� ow•ncr iraEoxzz�ation is val�d�ox 3 months;fxozx�the date oFyouz request
INUICAT$ALL PRQJ�'CT�AP&TAX LOT NUMBFRS (z.e. 1S134AB,Tax�,ot 00100} OR'�'��
�DRESSES FOR ALL��ZOJECT PARCELS BELOW�
��..�� �. -�..�x5�
b�., 1 ca.� 1..�� � �
PL SE SE �ARE THA'��NLY 1 S�;T OF LABF�..S WILL BE�, ROVIDED , THIS TIME FQR
HOLDING YOUR NEIGHBORHOOD ME�TING Aftex submittiz�g}�our land use applacation to the Ciry,
and the p;roject plannex has icviewed your ap�lication for cozzxpleteness, y-ou wi,l� be norified by rzaeans of ari
incampletez�ess letter to obtain your 2 fis�al sets of Iabels. YOU HAV EN NO P G
T�( ,_OBTAIN UR LAB �'LEASE DICATE T T YOL E^ 2 SETS OF LA.SELS.
'�'k�e 2 final sets of labels need to be placed on envelopes (no self-adhesive e�avelopes g�ease) with �rst class letter-
rate postage on the envelopes in the ;Eoxm of postage staxnps (no meteced envelopes and no �etuxn add�ess) and
resub�miitted to the Ciry fox the puxpose of pro��clin noace to pzoperry owne,rs of the praposed land use applicaaon
and tk�e decision. �'k►e 2 sets of envelopes musr be�ept sepazate. The persos�listed bclow wz�l be called to p�ck up
azzd pav for tk�e labels when they�are ready.
NAME O�'CONTACT PERSON:�c�f� ��o�,,ti.m►� PHONE: �x`� -- -��� E .�r.,�
NA�fE O�'COMPr1NX� r F�: '�3 - ca 3 'i � I Z��
EMA,�.: S� � • in�� o..r�
This ce�uese may be exxailed,mailed, faxed, or haz�d delivered to tkze Ciry of T�gaxd. Please allow a 2-day minizn,uzn
for pxocessimg requests. Upon completion of your request, the contact�erson 1�sted wi�l be called to �ick up thci�r
request tkaat will be placed in "Will Cal�"bp the coszapany name (oz by tkie contact�erson's last narx�e if no company)
at the Planning/Engi.neering Counter at the�'ezm.it Center.
Tb.e cost of processzng your re�uese must be paid at the time of�ick up,as exact cosc can taot be pre-detextz�aned.
PL,E,ASE 1VOTE: ,FUR RF.ASQ,NS OF ACCrJRACY, ON.LY ORIGI,NAL MAILI,NG LABFLS
PROV,ID,ED BY T.F�E Cr7'Y VS.,RE-7"YPED MA,ILl'NG LABE.�S WILL BF,A�CCEPTED.
�ost DescritotiSLn.
$1 l to�exate the mailirig)ast,plus$2 pez�shett for pr'sntixzg the list onto labels{20 addresses per shcet). Thez�,txAUlti�ly the cost to
pzinr one set of labels by ehe nuxnbes of sets zcquesced.
-EXAMPLE- - COST FOR THIS REQUEST -
4 sh�rtti qf 141x:1s x S2/�hcc•t= �l
�$$QQ x 2 set�= E�G-00 shcYt(..)of labcis x 52/sh��ct= � yete= �•
1�hccts of labcls x S2/,taert for inTCm�ted particr x�sct�= § 4.00 �sheec(�j of labcls x S3j'shCCt:cn intcsco�ed r�t'tic3=��.ets=
— �,�,_. C�I�;NF;RA��(]_IS7' = 51�,QQ _ GL:NLRr1'1'}i 1.15 '
'I'U'1'AI. = 531.00 � 'C{.)Ti11. S��
� /
�:'� ,9 2C^8 �:��p� uA�RIS MCMONAGLE ASSOC No. 4?40 °, '
. _ �' AX MEl'V� IJ
�,A.RRIS - McMONAGLE A.SSOCIATES, INC.
ENGm��RS-SURVEYORS
1255� S,W.HALL BLVp.
TIGAAD,OREGOI�� 97223-6287
Tel. (503)639-3453-Fax (503)639-1232
TO: Patt
OF: City Of Ti�ard/�'�ax�zi,in� __„ CC:
FEB
FROM: Steve Bloomquist �
�„�'���—+�r T�`/�/1'�''r1:
LJ a � d \s - � �-`
�Z`fi-3��{
FA7�: PAGES:
4
PHQNE: DATE: Februarv 19, 200$
PRO,T.ECT:
RE: 500 ft. Mailin List
COMMENTS
Patt
Attached to thzs�a.�xs tk�e form for the 500-FT ro z�ai�iu�, Xist. �z�eed two sets of labels as indicated on
the form. Please ca��zx�e dixectiv when the labels are ready atad�wial b;rz��tkxe appxop�.ate fee with me.
Thanks
Steve Bloom ui t
�xt
FROM:
2sio2o�-o�soa
HOOBER ROBERT W&DIANA R
TUOALATIN OR 97062 � I'� � � G��'l�Cl1
G�.�'���
q
AFFIDAVIT �F MAILING -
��.
I, Patricia L. Lunsford 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,Oregon and that I served the following:
�(}¢��k Appn yivu�&�x(s)13cba��
❑x NOTIC� OF PENDING LAND USE DEQSI�N FOR
MLP2008-00002/FIFTH AVENUE INVES'ITV�NTS LLC PARTTTION
� AMENDED NOTICE
(Filc No./Namc Acfcrcncc)
� City of Tigard Plaruiuig Director
A copyof the said notice being hereto attached,marked Exhibit"A",and byreference made a part hereof,was mailed to each
named person(s) at the address(s) shown on the attached list(s),marked Exhibit"S",and byreference made a part hereof, on
March 26,2008,and deposited in the United States Mail on March 26,2008,postage prepaid.
�
� � A �V �
(Peison that Prepa d Nouce
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affinned before me on the l(�� day of lu�y ,2008.
OFFICIAL SEAL
SHIRLEY L TREAT NOTARY P LIC OF OREGON
NOTARY PUBIIC-OREQON . . . /
COMMISSIUN NO.416777 My Cornnussion E��res: ���.S�l�1
MY COMMISSION EXPIRES APRIL 25,2011
EXHIBIT�..
NOTIC�TO MORTGAC�E,LIENHOLDER,VENDOR OR SELLER
T�IE TTGARD DEVELOPMENT OODE REQUIRES THAT IF YOU REC�IVE Tf IIS NO7TC�,, IT SHAI.L. BE PROMI''1T.Y
FORWARDED TO THE PURQ�ISER
NOTICE OF PENDING ,,
LAND USE APPLICATION :
MINOR LAND PARTITION . , ,
DATE OF NOTICE: March 26, 2008
FILE NO.: MINOR LAND PARTITION (MLP) 2008-00002
FILE TITLE: FIFTH AVENUE INVESTMENTS LLC PARTITION
APPLIC.ANT/ Robert and Diana Hoober APPLICANT'S Steve Bloomquist
OWNER: Fifth Avenue Investments,LLC �P� Harris-McMonagle Associates,Inc.
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
REQUEST: The applicant is requesting approval to partition an approximately.61-acre site into three parcels.
LOCATION: 8876 SW Edgewood Street;Washington CountyTax Map 2S102DD, T�Lot 01600.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zoning district is designed to accommodate
detached sin le-family homes with or without accessory residential units at a inuiunum lot size of
7,500 square�eet. Duplexes and attached single-familyuruts are permitted conditionally. Some civic
and insututional uses are also pernzitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: Communiry Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.765, 18.790, 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 City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 9, 2008.
All comments should be directed to Gary Pagenstecher, Associate Planner (�43� in the Planning Division at the City of Tigard,
13125 SW Hall Boulevard, 'I�igard, Oregon 97223. You may reach the C;ity of Tigard by telephone at 503-639-4171 or by e-mail to
gai�� ti�ard-�r.r-�o�'•
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 TIGARD APPREQATES REC�IVING COMI��NTS AND VALUES YOUR INPUT. COMI��NTS WILL
BE CONSIDERED AND ADDRESSED WIT�IIN T'HE NOTTCE OF DEQSION. A DEQSION ON Tf-IIS ISSLJE IS
TENTA7TVELY SQ�EDULED FOR APRIL 22, 2008. IF YOU PROVIDE CONIlVIENTS, YOU WILL BE SENT A COPY
OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMIv1ENTS WILL BECOME A PART OF
7T-� PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION:
• Address the specific "Applicable Review Criteria" described in the section above or �iny 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 specificiry on that issue.
FAILURE OF ANY PARTY TO ADDRESS THE RELEVANT APPROVAL CRITERIA WITH SLJFFIQENT SPEQFIQTY
MAY PREQ.UDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCCJIT COURT ON
THAT ISSLTE. SPEQFIC FINDINGS DIRECTED AT TT� RELEVANT APPROVAL CRIT'ERIA ARE WHAT
CONSTITUTE RELEVANI'EVIDENCE.
AF7'ER TI�E 14-DAY COIvIIvIENT PERIOD Q.OSES, TfIE DIRECTOR SHALL ISSUE A TrPE II ADMINISTRA'ITVE DEQSION. Tr�
DIREGTOR'S DEQSION SHALL BE MAILED TO'I'HE APPLICANf AND TO OWNERS OF RECORD OF PROPERTY LOCAT'ED WITHIN 500
FEET OF Tf-� SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN CONIIvIENT'S OR WHO IS OTHERWISE ENTTTLED TO
NO7IC�. T'HE DIREGTOR'S DEQSION SHALL ADDRESS ALL OF'I'f�-�E RELEVANT APPROVAL CRITERIA. BASED UPON Tf-IE QtITERIA
AND TF-IE FACTS CONTAINED WITHIN Tf-IE RECORD,Tf�E',DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY'IT�
REQUESTED PERMIT OR ACITON.
SLJMMARY 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 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 recen� propeny tax assessment r�ll; 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 anynne 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 Ciry of Tigard Communiry Development Depanment. If you want to
inspect the file,please call and rnake an appointment with either the project planner or the plaruung 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 fust page of this Notice under the section titled "Your Right to Provide Written
Comments."
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EXHIBIT.�
Robert and Diana Hoober MLP2008-00002
Fifth Avenue Investments,LLC FIFTH AVENUE INVESTMENTS LLC
P.O. Box 1637 PARTITION
Tualatin, OR 97062
Steve Bloomquist
Harris-McMonagle Associates,Inc.
12555 SW Hall Boulevard
Tigard, OR 97223
2 02DD-0580 2 02DD-0020
199 - 02 RTITION PLAT CI F ARD
OWN F LOTS 1 �2 1312 HALL BLVD
T ARD,OR 7223
2sio2oc-oosos zs,o2�o-aosoz
ABBOTT TERRY A&LAURIE J COL�ING CHARLES
8995 SW EDGEWOOD ST 13835 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102 D D-90232 2S 102 DD-0090D
ALEMU YOHANNES COLLING CHARLES W
13706 SW HALL BLVD STE 3 13835 SW HALL
TIGARD, OR 97224 TIGARD,OR 97223
25102 D 0-90111 2 102D D-0090
ALTMIRE GEORGE&DORIS CO ING ARLES W
13712 SW HALL BLVD#1 138 HALL
TIGARD, OR 97223 ARD, 97223
2S102D6-00602 25102DD-00808
BEDOLLA KAREN R CURTIS FAMILY TRUST&
8915 SW O'MARA ST CURTIS DAVID L CRED SHEL TRUST
TIGARD, OR 97223 BY CONSTANCE G CURTIS TR
15285 SW ALDERBROOK CT
T�GARD,OR 97224
2 S 102 D D-04 t 00 102D D-00812
BLEVINS JESSE 8 CHARMIAN CU FAMILY T ST&
13807 SW FANNO CREEK DR CURTIS I CRED SHEL TRUST
T�GARD, OR 97223 BY CON G CURTIS TR
152 W AIOE ROOK CT
T ARD,OR 97224
2S 102D0-01500 102D0-00813
B�ICK CARL J DONA JEAN CU S FAMILY T ST&
8740 SW O'MARA CURTIS VI CRED SHEL TRUST
TIGARD,OR 97223 BY CONS E G CURTIS TR
152 W ALD ROOK CT
ARD,OR 97224
2 S 102 D D-00802 2 S 102 D D-90142
B05SHARDT ARTHUR A CVETIC DEBORAH L
13915 SW HALL BLVO 13712 SW HALL BLVD STE 4
TIGARD, OR 97223 TIGARD,OR 97224
2S 102 DD-90222 2S t 02 DC-00600
BRIDGMON DEBRA DEMMIN DWAYNE W&ANGELA L
13706 SW HALL BLVD#2 8930 SW OMARA ST
TIGARD, OR 97224 TIGARD,OR 97223
2S 102 D D-90132 2S 102D D-90161
BROWN SHAWN L DOWNES PAUL W
13712 SW HALL BLVD#3 13712 SW HALL BLVD#6
TIGARD,OR 97223 TIGARD,OR 97223
2S 102 DB-00601 2S 102 DC-00700
DOWNS MATTHEW J&MONIQUE C HAWKINS JEFFERY S
8855 SW OMARA ST 8900 SW OMARA
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01200 2S102DD•90242
DUFFIELD EDWARD D SUSAN HOLDEN SPENCER R
8895 SW EDGEWOOD 13706 SW HALL BLVD STE 4
TIGARD,OR 97223 TIGARD,OR 97224
2S 102DD-01200 2S102DD-01603
FACHIOL JOHN C&MARIANA HOLLAND RONALD P MARY L
13615 SW HALL BLVD 8850 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2�(�2 D D-90 2 S 102 D D-01400
FANNO OINTE CONDOS HOLSTEIN MARVIN R/LORETTA R TRS
OW RS ALL UNITS 8710 SW OMARA
, 0 TIGARD,OR 97223
2S 102 D D-90252 2 S 102 DD-01600
FIELDS JENNIFER R HOOBER ROBERT W 8 DIANA R
13706 SW HALL BLVD STE 5 PO BOX 1637
TIGARD,OR 97224 TUALATIN,OR 97062
2S 102 D D-00809 2 S 102 D D-90711
GARDNER RICHARD A JARAMILLO PANDORA
13940 SW 87TH CT 13694 SW HALL BLVD#1
TIGARD, OR 97223 TIGARD,OR 97223
2S 102DC-01300 2S102DD-01601
GARIBALDI ALBERT R&PATRICIA S JENSEN OAVID L AND LOIS C
8920 SW EDGEWOOD ST 8840 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01400 2S102DD-00811
GERTZ CONSTRUCTION CO INC KERR MAUREEN ELIZABETH
19200 5W 46TH AVE 13940 SW 87TH CT
TUALATIN, OR 97062 TIGARD,OR 97224
2S 102 DC-01100 2S 102D D-05900
GOETZ NANCY K KERR MICHAEL JAMES&
8935 SW EDGEWOOD ST JEAN ELIZABETH
TIGARD, OR 97223 9354 SW FAST PL
TIGARD,OR 97223
2 S 102 DC-01305 2S 102DD-01300
HARRIS RICHARD G 8 CAROL D KRAEMER JULIA A&MARK W
8930 SW EDGEWOOD ST PO BOX 80665
TIGARD,OR 97223 PORTLAND,OR 97280
2S 102 DC-00800 2S 102 D D-90122
LALLY DONALD P 8 BRENDA J RALL EMILY
8870 SW O'MARA ST 13712 SW HALL BLVD#2
TIGARD,OR 97223 TIGARD,OR 97223
2S 102 D D-01604 2 S 102 DD-05700
LASNIEWSKI WILLIAM L AND REUTHER DEBBIE
TERESA A 11900 SW JAMES CT
8860 SW EDGEWOOD TIGARD,OR 97223
TIGARD, OR 97223
2S102DC-01301 2S1 D2DC-01000
LEHR RONALD D&DONA K RUSSELL NORMAN L
8935 SW MCDONALD 8857 SW EDGEWOOD ST
TIGARD, OR 97224 TIGARD,OR 97223
2S1 o2DC-Ot 304 2S102DD-00801
MABRAY LARRY G RUSSELL SCOTT A&MADELYN L
8890 SW EDGEWOOD ST 13855 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102 DC-00900 2S 102 DC-00500
MACLEAN DANIEL M SAIDEEPANE SEE&CHANTHA
8855 5W EDGEWOOD ST 9000 SW O'MARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102DD-01501 2S102DD-00400
MCANDREW JOHN W&ANGELA D SOLARES HOMES L L C
8830 SW OMARA 5T BY NORRIS BEGGS 8 SIMPSON
TIGARD, OR 97223 LOAN SVC DEPT
121 SW MORRISON#200
PORTLAND,OR 97204
25102DD-00903 2S102DD-90261
MCELEVEY MICHAEL J STENSON RICHARD
8880 SW EDGEWOOD 5T 13706 SW HALL BLVD STE 5
TIGARD,OR 97223 TIGARD,OR 97224
25102DC-01402 2S 102 DD-90152
MILLER DANIEL W&KRISTIN D STEPHENS MARY C
17656 MARDEE AVE 13712 SW HALL BLVD#5
LAKE OSWEGO, OR 97035 TIGARD,OR 97223
2 S 102 D B-00603 2S 102DD-01100
OTTING LOIS E TANAKA TORU&FUSAE
8885 SW O'MARA ST PO BOX 19403
TIGARD, OR 97223 PORTLAND, OR 97280
2S102DD-902t 1 2S102DD-01602
PHIFER MARK UCHRISTINE M TOKUDA KAZUHIDE AND
22020 SW COLE CT CAROL LYN
TUALATIN, OR 97062 8870 SW EDGEWOOD ST
TIGARD,OR 97223
2S102DC-01401
UNDERHILL MARK R&
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD, OR 97223
2 S 102D D-05600
US BANK NATIONAL ASSN TR
3476 STATESVIEW BLVD
FT MILLS, SC 29715
2 S 102 D C-00504
WILSON JOHN G 8 JODY K&
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD, OR 97223
2 S 102 D D-O6000
ZEHNDER SHANE W&HEATHER A
13910 SW 87TH CT
TIGARD, OR 97224
Josh Thomas Susan Beiike
10395 SW Bonanza 11755 SW 114th Place
Tigard, OR 97224 Tigard, OR 97223
Gretchen Buehner David Walsh
13249 SW 136�h Place 10236 SW Stuart Court
Tigard, OR 97224 Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES lov. I of I1 li:lcurnlnlsetuollabels\CIT South.docl UPDATED: 4-Mav-07
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AFFIDAVIT 4F MAILING -
I, Patricia L. Lunsford being first duly sworn/affirin, on oath depose and say that I am a Planning Administrative
Assistant for the City of zI'igard, Waslungton County,Oregon and that I served the following:
;�t„<'��4v,��,��r�„_i,i n��G,.,p
❑X NOTICE OF DEQSION FOR
MLP2008-00002/FIFTH AVENLJE INVES'I�NPS LLC PARTTTION
(File NnlName Referencr)
� AMENDEDNOTIC�
� City of Tigard Plaruiing Director
A copyof the said notice being hereto attached,marked Exhibit"A",and byreference made a part hereof,was mailed to each
named person(s) at the address s shown on the attached list(s),rnarked E�ibit"B", and by reference made a part hereof,on
ril 29 2 8 and deposited in United States Mail on A�ril 29,2008,postage prepaid.
�
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1 L �
(Peison t Prepa Nodce)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the ���� dayof /u�� ,2008.
OFFICIAL SEAL
SFi1RLE1/L TREAT
NOTARY PueUC-OREGON ����
� � coMM�ss�oN No.a�sm N ARY P LIC OF OREGO
MY COMMISSION EXPIRES APRIL 25,2011
MyCommi.ssion E�ires: `E'� ��
� � � EXHIBIT.�,
NOTICE OF TYPE II DE CISION
.,
MINOR LAND PARTITION (MLP) 2008-00002 =
FIFTH AVENUE INVESTMENTS LLC PARTITION
120 DAYS =7 2 2008
SECTION I. APPLICATION SUMMARY
FILE NAME: FIFTH AVENUE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition (MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784
square feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments, LLC APPLICANT'S Harris-McMonagle Associates,Inc.
OWNER: Attn: Robert and Diana Hoober REP: Attn: Steve Bloomquist
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
ZONING
DESIGNATION: R 4.5: Low Density Residential District. The R 4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-farrrily units are
permitted conditionally. Some civic and institutional uses are also pernutted conditionally.
LOCATI4N: 8876 SW Edgewood Street;Washington CountyTax Map 2S102DD,Tax Lot 01600.
APPLICABLE
RE VIE W
CRITE RIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation);
18.715 (Density Computations); 18.725 (Environmental Perfornzance Standards); 18.730
(Exceptions to Development Standards); 18.745 (Landscaping and Screening�; 18.765 (Off-
Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance
Areas); and 18.810 (Street and Utility Improvement Standards).
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 SHAI,L 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�) 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 APRIL 4, 2008 AND BECOMES
EFFECTIVE ON APRIL 19, 2008 UNLESS AN APPEAL IS FILED.
�A- Deal-:
The D�irector'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 18.390.040.G.2 of the Tigard Community Development Code wluch provides that a
written appeal together with the required fee shall be filed with the Director v�nthin ten �10) busmess day_s of the
date the TTotice of Decision was mailed. The appeal fee schedule and forn�s are ava able from the I'laru�ing
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 written 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 dunng the appeal
hearing, subject to any additional rules of procedure that maybe adopted from tune to tune by the appellate body.
THE DEADLINE F�R FILING AN APPEAL IS 5:00 PM ON APRIL 18, 2008.
Fo�estions:
er inforniation ple�ase contact the Planning Division Staff Planner, Ga Pa enstecher at (503) 639-4171,
Tigard City H�ill, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by ema to � ti�ard-or.gov.
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2 0200_0580 � 2 02DD-0020 EXH I B IT�
199 - 02 RTITION PLAT CI F ARD
OWN F LOTS 1 8�2 1312 HALL BLVD
T ARD,OR 7223
2S102DC-00503 2S1 D2DD-OD902
ABBOTT TERRY A&LAURIE J COLLING CHARLES
8995 SW EDGEWOOD ST 13835 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
2S 102DD-90232 2S 102DD-00900
ALEMU YOHANNES COLLING CHARLES W
13706 SW HALL BLVD STE 3 13835 SW HALL
TIGARD, OR 97224 TIGARD,OR 97223
2S 102DD-9011 1 2 102DD-0090
ALTMIRE GEORGE&DORIS CO ING ARLES W
13712 SW HALL BLVD#1 138 HALL
TIGARD, OR 97223 ARD, 97223
2 S 102 D B-00602 2 S 1 D 2 D D-00808
BEDOLLA KAREN R CURTIS FAMILY TRUST&
8915 SW O'MARA ST CURTIS DAVID L CRED SHEL TRUST
TIGARD, OR 97223 BY CONSTANCE G CURTIS TR
15285 SW ALDERBROOK CT
TIGARD,OR 97224
2 S 102 DO-04100 102 DD-00812
BLEVINS JESSE&CHARMIAN CU FAMILY T ST 8�
13807 SW FANNO CREEK DR CURTIS I CRED SHEL TRUST
TIGARD, OR 97223 BY CON G CURTIS TR
152 W ALDE ROOK CT
ARD,OR 97224
2S 102DD-015Q0 102DD-00813
BLICK CARL J DONA JEAN CU S FAMILY T ST&
8740 SW O'MARA CURTIS VI CRED SHEL TRUST
TIGARD, OR 97223 BY CONS E G CURTIS TR
152 W ALD ROOK CT
ARD,OR 97224
2S 102 DD-00802 2S 102 D D-90142
B05SHARDT ARTHUR A CVETIC DEBORAH L
13915 SW HALL BLVD 13712 SW HALL BLVD STE 4
TIGARD, OR 97223 TIGARD,OR 97224
2S 102DD-90222 2S102DC-00600
BRIDGMON DEBRA DEMMIN DWAYNE W 8 ANGELA L
13706 SW HALL BLVD#2 8930 SW OMARA ST
TIGARD, OR 97224 TIGARD,OR 97223
2S 102 D D-90132 2 S 102 DD-90161
BROWN SHAWN L DOWNES PAUL W
13712 SW HALL BLVD#3 13712 SW HALL BLVD#6
TIGARD, OR 97223 TIGARD,OR 97223
2S102DB-00601 2S102DC-00700
DOWNS MATTHEW J&MONIQUE C HAWKINS JEFFERY S
8855 SW OMARA ST 8900 SW OMARA
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01200 2S102DD-90242
DUFFIELD EDWARD D SUSAN HOLDEN SPENCER R
8895 SW EDGEWOOD 13706 SW HALL BLVD STE 4
TIGARD,OR 97223 TIGARD,OR 97224
2S 102 D D-01200 25102 DD-01603
FACHIOL JOHN C&MARIANA HOLLAND RONALD P MARY L
13615 SW HALL BLVD 8850 SW EDGEWOOD
TIGARD, OR 97223 TIGARD,OR 97223
251, 2DD-90 2S102DD-01400
FAN� OINTE CONDOS HOLSTEIN MARVIN R/LORETTA R TRS
OW RS�ALL UNITS 8710 SW OMARA
, 0 � TIGARD,OR 97223
2S 102 D D-90252 2S 102DD-01600
FIELDS JENNIFER R HOOBER ROBERT W&DIANA R
13706 SW HALL BLVD STE 5 PO BOX 1637
TIGARD, OR 97224 TUALATIN,OR 97062
2S102DD-00809 2S102DD-9071 t
GARDNER RICHARD A JARAMILLO PANDORA
13940 SW 87TH CT 13694 SW HALL BLVD#1
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01300 2S102DD-01601
GARIBALDI ALBERT R&PATRICIA S JENSEN DAVID L AND LOIS C
8920 SW EDGEWOOD ST 8840 SW EDGEWOOD
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01400 2S102DD-00811
GERTZ CONSTRUCTION CO INC KERR MAUREEN ELIZABETH
19200 SW 46TH AVE 13900 SW 87TH CT
TUALATIN, OR 97062 TIGARD,OR 97224
2S 102DC-01100 2S102DD-05900
GOETZ NANCY K KERR MICHAEL JAMES&
8935 SW EDGEWOOD ST JEAN ELIZABETH
TIGARD,OR 97223 9354 SW FAST PL
TIGARD,OR 97223
2S102DC-01305 2S102DD-01300
HARRIS RICHARD G&CAROL D KRAEMER JULIA A&MARK W
8930 SW EDGEWOOD ST PO BOX 80665
TIGARD, OR 97223 PORTLAND, OR 97280
2S102DC-00800 2S102DD-90122
LALLY DONALD P 8 BRENDA J RALL EMILY
8870 SW O'MARA ST 13712 SW HALL BLVD#2
TIGARD,OR 97223 TIGARD,OR 97223
2S102DD-01604 2S102DD-05700
LASNIEWSKI WILLIAM L AND REUTHER DEBBIE
TERESA A 11900 SW JAMES CT
8860 SW EDGEWOOD TIGARD,OR 97223
TIGARD, OR 97223
2 S 102 DC-01301 2S 102 DC-01000
LEHR RONALD D&DONA K RUSSELL NORMAN L
8935 SW MCDONALD 8857 SW EDGEWOOD ST
TIGARD, OR 97224 TIGARD,OR 97223
2 S 102 DC-01304 2S 7 02 D 0-00601
MABRAY LARRY G RUSSELL SCOTT A&MADELYN L
8890 SW EDGEWOOD ST 13855 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
25102DC-00900 2S102DC-00500
MACLEAN DANIEL M SAIDEEPANE SEE 8 CHANTHA
8855 SW EDGEWOOD ST 9000 SW O'MARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102 D D-O 1501 25102 DD-00400
MCANDREW JOHN W 8 ANGELA D SOLARES HOMES L L C
8830 SW OMARA ST BY NORRIS BEGGS&SIMPSON
TIGARD,OR 97223 LOAN SVC DEPT
121 SW MORRISON#200
PORTLAND, OR 97204
2 S 102 D D-00903 2 S 102 DD-90261
MCELEVEY MICHAEL J STENSON RICHARD
8880 SW EDGEWOOD ST 13706 SW HALL BLVD STE 5
TIGARD, OR 97223 TIGARD,OR 97224
2S t D2DC-01402 2S102DD-90152
MILLER DANIEL W 8�KRISTIN D STEPHENS MARY C
17656 MARDEE AVE 13712 SW HALL BLVD#5
LAKE OSWEGO, OR 97035 TIGARD,OR 97223
2S102D6-00603 2St02DD-01100
OTTING LOIS E TANAKA TORU 8 FUSAE
8885 SW O'MARA ST PO BOX 19403
TIGARD,OR 97223 PORTLAND, OR 97280
2S 102 D D-90211 2 S 102 DO-0 t 602
PHIFER MARK UCHRISTINE M TOKUDA KAZUHIDE AND
22020 SW COLE CT CAROL LYN
TUALATIN, OR 97062 8870 SW EDGEWOOD ST
TIGARD,OR 97223
r
2S102DC-01401
UNDERHILL MARK R 8
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD, OR 97223
2S1o2D0-05600
US BANK NATIONAL ASSN TR
3476 STATESVIEW BLVD
FT MILLS, SC 29715
2S102DC-00504
WILSON JOHN G 8 JODY K&
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD, OR 97223
2 S 102 D D-06D00
ZEHNDER SHANE W 8 HEATHER A
13910 SW 87TH CT
TIGARD, OR 97224
..
Josh Thomas Susan Beilke
10395 SW Bonanza 11755 SW 114'h Place
Tigard, OR 97224 Tigard, OR 97223
Gretchen Buehner David Walsh
13249 SW 136th Place 10236 SW Stuart Court
Tigard, OR 97224 Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES fou. I of 11 fi:lcuroln\setu�llabelslClT South.docl UPDATED: 4-Mav-07
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AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford bein� first duly sworn/affirn�, on oath depose and say that I am a Planning Aciministrative
Assistant for the City of;I'iga , Washington County, Oregon and that I served the following:
;�rnck:y,pn,pruic lbx(s)eeLm�l
❑X NOTIC� OF DEQSION FOR
MLP2008-00002/FIFTH AVENLIE INVESTNIENTS LLC PARTTTTON
(Fac No.�Name Ite(erence)
� AMENDEDNOTIC�
� City of T"igard Plaruzing 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 Exhibit"B",and by reference made a paxt hereof,on
Apri129,2008,and deposited in the United States Mail on Avril 29,2008,postage prepaid.
% �
� �
(Person that Pre red tic
STATE OF OREGON
County of Washington ss.
City of Tigard
"(�+
Subscribed and sworn/affirmed before me on the t � dayof ��� ,2008.
8H RLEII�L TREAT ,�� ,�i1 .��',( ,i� �;��(�
NOTARV PUBUC-OREOON �r y PUB C F OREGON
' COMMISSION NO.418777
MY COMMISSION EXPIRES APRIL 25,2011 My Conunission Expires: �I o����l
�- EXH I B IT.�.
NOTICE OF TYPE II DECISION
.,
MINOR LAND PARTITION (MLP) 2008-00002 =
FIFTH AVENUE INVESTMENTS LLC PARTITION
120 DAYS =7 2 2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: FIFTH AVENLJE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784 square
feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICEINT/ Fifth Avenue Investments,LLC APPLICANT'S Hairis-McMonagle Associates,Inc.
OWNER Attn:Roben and Diana Hoober REP: Attn:Steve Bloomquist
P.O.Box 1637 12555 SW Hall Boulevard
Tualatin,OR 97062 T"igard,OR 97223
ZONING
DESIGNATION: R 4.5: Low DensityResidential District. The R 4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a inuumum lot size
of 7,500 square feet. Duplexes and attached single-family units are pernutted conditionally.
Some civic and institutional uses are also pernutted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington CountyT�Map 2S102DD,Tax Lot 01600.
APPLICABLE
RE VIE W
CRITERIA: ConuuuiutyDevelopment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation);
18J15 (Density Computations); 18J25 (Environmental Perforniance Standards); 18J30
(Exceptions to Development Standards); 18.745 (Landscaping and Screenin�; 18.765 (Off-
Street parking and Loading Requirements); 18.790 (Tree Removal); 18J95 (Vi�ual Clearance
Areas);and 18.810 (Street and UtilityImprovement Standards).
SECTION II. DECISION
Notice is hereby�iven that the Gty of T'i�ard Communiry Development Director's desi�nee has APPROVED the
above request subject to certain conditions. The find'ui�s and conclusior�s ori which the decision is based are noted in
Section V.
NOTTC�OF DEQSION MLP2008-00002/FITH AVENCJE INVESTMEN'I5 LLC Pr1RTTTTON PAGE 1 OF 23
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
ie app icant s prepare a cover etter an su mit it, a ong wi any supporttn ocuments an or p ans
that address the tollowing re�quirements to the CURRENT PLANNING �IVISION, ATTN: C�ry
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, the applicant shall submit a revised mitigation plan reflecting the proposed 20 percent tree
retention. In addinon, applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent
value of mitig ation re� qiured. Any trees successfully planted on or off-site, in accordance with an a proved Tree
Mitigation Plan and TDC 18J90.060.D,will be credited against the assurance two years after all o�the trees are
�lanted per the approved Tree Mitigation Plan. The Tree Miugation Plan shall include a signature of a�pproval
rom the pro�ect arborist and be due for review and approval prior to tree planting or the �ssuance of 6uilding
permits, wluchever is first. The mitigation proposal shall show the species, locat�on, and spacing of mitigation
trees ui relation to buildings, infrastructure, existuzg trees, street trees, and each other. After the plan is
approved and.the trees are planted,the�project arborist shall submit a letter to the CityArborist to certifythat all
o� the rrutigauon trees were properly pFanted per the approved Tree Mitigation Plan ui order to set the starting
point of the tcvo year tree estabLshment penod. After the two y�ar establishment period, the applicant shall
provide a re-inventory of the miti ation trees conducted by a cert�fied arborist in order to document rrutigauon
tree survival, and compliance wit� the approved Tree Mitigation Plan. The rema;n;ng value of caliper uiches
not successfullymitigated shall be pa.id as a fee in-lieu of planting from the original cash assurance.
2. Prior to final plat approval the applicant shall submit a tree and landsca e protection plan that clearly
identifies exLCtu1g trees and ma�or vegetation to remain (both on and off-site�, and the methods that will be
used to protect them. The tree and landscape protection plan should include a signature of approval from
the pro�ect arbonst.
3. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City
Arborist's comments on tree species, locauon, and spacing and include a note on the plans to the effect that
slight variations in placement may be required due to driveways, util�ties,etc., but every attempt will be made to
keep the same net number of street trees that are shown on the plans.
4. Prior to final plat approval, the applicant shall submit a landscape plan showing a screen along the northern
property line in accordance anth Secuon 18.745.050.
5. Prior to final plat approval,the applicant shall submit satisfactory legal evidence demonstrating the joint access
use of the proposed access easement across Lot# 1 for the benetit of Lots #2 and#3.
6. The ap licant shall submit a revised preluninaryplat showing the visual clearance areas as deterniined in Section
18J95.�40, where the area is described as a tnangle 30-feet deep along the centerline of the access way and 30
feet each side of the centerline along the right-of-wayline.
The applicant shall prepare a cover letter and submit it, along with any su orting documents and/or plans
that address the }ollowin requirements to the ENGINEERING �EPARTMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall cleariy identify where in the submittal the
required information is found:
7. Prior to conunencing onsite unprovements, a Public Faciliry Improvement (PFI�pernut is required for this
�roject to cover the pedestrian connection, utility connecuons and any other wor u-i the public right-of-way.
ix (6�)�sets of detailed public improvement plans shall be submitted for review to the Engineenn Department.
NOTE: these plans are in addition to any drawings re uired by the Bwlding Division and sho�d only include
sheets relevant to public improvements. 1'ublic Fac�ty�mprovement (PFI) perrrut plans shall conform to Caty
of T'igard Public Improvement Design Standards, which are available at Csty HaII and the Cit�s web page
(www.tigard-or.gov).
NOTICE OF DEQSION MLI'2D08-00002/FITH AVENUE INVES'IMEN'IS LLC PARTTTION PAGE 2 OF 23
� 8. The PFI pern�it plan submittal shall include the e�ct legal name, address and tele�phone number of the
individual or corporate enuty who will be designat� the "Pernuttee", and who wiIl provide the financial
assurance for the public improvements. For example, specifyif the entity�s a co oration, limited partnership,
LLC, etc. Also s pec�fy the state witlun which the entity is incorporated and prov�e the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineering Department will delay processing
of pro�ect documents.
9. 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 unprovement construcuon phase.
10. The Ciry Engineer may deterniine the necessity for, and re uire submittal and approval of,a construction access
and parking plan for the home building phase. If the Cary�ngineer deems such a plan necessary, the applicant
shall provide the plan pnor to issuance o} buildulg perrruts.
11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement pernut, indicating that they will construct the following frontage unprovements along SW
Edgewood Street as a part of this project:
A. street trees in the future planter strip area spaced per TDC requirements;
B. streetlight layout by apphcant's enguieer,to be approved by C�iry Engineer, and
G driveway apron(if appIicable).
12. The applicant shall submit construction plans to the Engineering Department as a part of the I'ublic Facility
Improvement pernzit indicating that they will construct a 5 foot v�nde concrete sidewalk along their north
property line trom SW Edgewood Street to the paved surface of SW Regina Lane including a stairway to
accommodate the grade chang e at the property line. The plans shall also include pec�estrian path signs at SW
Edgewood Street and SW Hall Boulevard.
13. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineerin�.
14. Prior to final plat approval, the applicant shall provide a public pedestrian path easement along their north
property line to accommodate a 5 toot wide concrete pedestrian path.
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW Edgewood Street adjacent to the subject property, when any of the following events
occur:
A. when the improvements are part of a larger project to be financed or paid for by the forn�ation of a
Local Improvement D�strict,
B. when the unprovements are part of a larger project to be financed or paid for in whole or in part bythe
City or other public agency,
G when the unprovements are part of a larger project to be constructed by a third party and involves the
sharing of design and/or construction expenses by the third party owner(s) of property in addition to
the subject property,or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of unprovements by others adjacent to the sub�ect site.
16. Lots 1-3 shall not be permitted to access directly onto SW Regina Lane. The applicant shall cause a statement
to be placed on the final plat to prohibit access to SW Regina Lane from Lots 1 -3.
17. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed shared
driveway will be�ointly owned and inaultained by the private property owners who abut and take access from it.
18. The app licant's engineer shall submit a sight distance diagram for the proposed shared access on SW Edgewood
Street for review and approval prior to final plat approval.
19. An erosion control plan shall be �rovided as part of the Public Facility Improvement (I'FI)�permit drawings.
The plan shall conform to the Erosion Prevention and Sediment �ontrol Design and Plaiuung Manual,
February 2003 edition."
NOTTC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENTS LLC PARTTTTON PAGE 3 OF 24
" 20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global
posiuoiung 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 sameprec�sion as required for the subdiv�sion
plat boundary. Along with the coordinates, the plat shall contaui 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 u.sing conventional surveying methods.
21. Final Plat Application Submission Requirements:
A. Submit for Ciry review four (4) pap er copies of the final plat prepared by a land survey�r licensed to
practice in Oregon, and necessarydata or narrative.
B. Attach a check m the amount of the current final plat review fee (Contact Planning/Engineering Pern�it
Technicians,at (503 639-4171,eat.2421).
G The final plat and ata or namative shall be drawn to the minunum standards set forth by the Oregon
Revised Statutes (ORS 92.05) Washington County,and by the.Ciry of Tigard.
D. The right-of-way dedication for SW Edgewood Street,providuig 27 feet from centerline, shall be made
on the f inal plat.
E. NOTE: Washin on County will not begin their review of the final plat until they receive notice from
the Engineering �epartment indicatulg that the City has reviewed the fuial plat and submitted
comments to the appIicant's surveyor.
F. After the City and County have reviewed the final plat,submit one mylar copy of the final plat for City
Engineer signature (for partitions), or City Engineer and Communiry Development Director signatures
(for subdiv�sions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BLJILDING PERMITS:
e app icant s a prepare a cover etter an su mit it, a ong wi any suppo�n octunents an or p ans
that address the tollowing re�quirements to the CURRENT PLANNING �IVISION, ATTN: Cfary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the
required information is found:
22. Prior to any site work, the applicant shall ensure all proposed tree protection fencin�g is installed and inspected
bythe City Forester.Fencing shall remain in place through the duration of home buiiding. After approval from
the City Forester,the tree protecnon measures may be removed.
23. The applicant shall protect all trees and major vegetation to be retained with five or s� (5': 6') foot high chain
link fences. Fences are to be mounted on two inch diameter galvanized iron posts,driven uito the ground to a
depth of at least 2-feet at no more than 10-foot spacing. The applicant shall position fencing as directed by the
pro�ect arborist to protect the trees to be reta.ined. The applicant shall allow access by the C�it�Arborist f or the
purpose of monitoring and inspection of the tree proteccion to verify tliat the tree protection measures are
perforrrung adequately. Failure to follow the plan, or mauitaui tree protection fencing uz the designated
Iocations shall be grounds for unmediate 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 empIoyed and the likely impacts to the trees. The proposal shall be
reviewed and approved by the Caty Arborist before proposed work can proceed within a tree protection zone.
The City Arbonst may reqwre changes prior to approval. The project arbonst shall be on site while work is
occurruig wrthul the tree protection zone and submit a suinmary report cert�fying that the work occurred per
the prop�osal and will not significantly unpact the health and/or stabihty of the trees. Tl�us note shall be included
on the Tree Protection Plan.
NOTTC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENPS LLC PARTITION PAGE 4 OF 23
" 24. The applicant shall have an on-going responsibiliry 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
actroities from uutial tree protection zone ('TPZ) fencui i.nstallation through the building construcuon phase.
The reports shall evaluate the condition and location o�the tree protection fencuzg, detexrnine if any chan�es
occurred to the TT'Z, and if any part of the Tree Protection Plan has been violated. If the amount of TI'Z was
reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the
overall, jong-term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the
scheduled ultervaLs, and if it appears the TPZ's or the Tree Protecuon Plan are not beuig followed by the
contractor or a sulrcontractor, the Cary can stop work on �he project until an uispection can be done by tlie
City Arborist and the Project Arbonst.
25. Prior to issuance of building permits, 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 addiuon, the plzns shall include
accurate locations of tree canopy dnpluies and protection fencing, and a si nature of a�pproval from the project
arborist regardin� the placement and construction techruques to be emp�oyed in buiId-ing the structures. All
proposed protection fencing shall be installed and irispected prior to commencu7g construction. The fencing
sha[1 reinaui u� place through the duration of all of the building construction phases, unt�l the Certificate o}
Occupancy has been approved.
26. Prior to building perniits,the applicant shall demonstrate the building height for Lots #2 and#3 are consistent
with Section 18.730.020.0
27. At the time of submittal for building pernzits for individual homes within the development,the developer shall
submit site plans demonstrating that one (1) off-street parking space, which meets m,n,mum dimensional and
setback requirements as specified in Chapter 18.765 willbe provided on-site for each new home.
The applicant shall prepare a cover letter and submit it, alon with any su ortin documents and/or plans
that address the }ollowin requirements to the ENG�EERING �EP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall cleady identify where in the submittal the
required information is found:
28. Prior to issuance of building pemuts,the applicant shall provide the Engineering Division with a paper copy of
the recorded final plat.
29. Prior to issuance of buildin pernurs, the applicant shall provide the CitY with as-built drawings of the public
im�provements as follows: 1�3 mil mylar 2� a diskette of the as-builts in`DWG" forn�at,if available;otherwise
"I�XF" will be acceptable, and 3) the as-�wlt drawing s shall be tied to the Cit�s GPS network The applicant's
engineer shall provide the Caty v�nth an electronic file with pouits for each structure (inanholes, catch basins,
water valves hydrants and other water system features) in the development, and their respecuve X and Y State
Plane Coorc�inates,referenced to NAD 83 (91).
30. The applicant shall provide sig nage at the entrance of each shared flag lot driveway or private street that lists the
addresses that are served by the given dnveway or street.
31. The ap licant shall either place the e�sting overhead utility lines along SW Edgewood Street underground as a
�art o�th�s pro�ect, or they shall pay the fee in-lieu of underg rounding. The fee shall be calculated by the
rontage of the site that �s arallel to the utility lines and will be $35.00 per lineal foot. If the fee option �s
chosen,the amount will be �3,990.00 and it shall be paid prior to issuance of bwlding perniits.
32. During issuance of the building pernut for Parcels 2 and 3,the applicant shall paythe standard water quality and
water quantityfees per lot (fee amounts will be the latest approved byCWS).
PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app icant s a prepare a cover etter an su mit it, a ong wi any suppomn ocuments an or p ans
that address the tollowing re�quirements to the CURRENT PLANNING �IVISION, ATTN: C�ary
Pagenstecher 503-639-4171, EXT 2434. The cover letter shall cleady identify where in the submittal the
required infonnation is found:
33. 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.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENI'S LLC PARTTTION PAGE 5 OF 23
' Tree protection measures may be removed and final inspection authorized upon review and approval by the
City Arborist.
34. Prior to final inspection, the applicant shall submit a letter to the City from Tualatin Valley Fire & Rescue
(TVF&R) demonstratuzg that the existing f�re hydrant is capable of providing the necessary fire flow demand.
35. Prior to final inspection for each lot, the a�plicant/owner shall record a deed restrictions for each lot to the
effect that any existuzg tree greater than 6 diameter may be removed only if the tree dies or is hazardous
according to a cert�fied arbonst. 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.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED LTNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Pro e I-�isto .
The su ject site consists of a single lot located within the City of Tigard. The property is desi nated Low Density
Residential on the Tigard Comprehensive Plan Map. The sub�ect lot w�as developed wi�th a sing�e-family dwelling in
1966.No land use approvals were found on file.
Site Infornlation and Pro osal Descri tion
The su ject parce is appr_oxui�ately 0 eet northwest of Pinebrook Creek, a tributary of Fanno Creek, and 1,000 feet
west of Fanno Creek. The parcel is surrounded by land zoned R 4.5. The applicant is requesting a Minor Land
Partition to partition the sub�ect .61-acre site into three (3) parceLs for detached sulgle-family residences. There is an
e�sting singIe-familydwe]ling on the subject site which is proposed to be removed.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subJ'ect site providing them an oppomuuty to
comment. One wntten comment was received from William and Teresa Lasniewski who live north of and adjacent to
the subject site at 8860 SW Edgewood Street:
�Uhile we are not pleased with the increased density to the quiet community that was once eri�oyed on
the short Edgewood Street,we are fully aware that the metropolitan area includulg the Caty of Tig ard is
�ressing for these developments. If it must become a reahty, please at a rrurumum consider the
ollowuig pouzts when desigrung the configuration that will be approved.
Point 1: Tigard promotes itself as a city of trees with many scheduled planting efforts coordinated
over the past few years or more. As such it would be exp ected that the large healthy
redwood that is very close to the street were not removed. C:ontractors often look at such
trees as a source ot profit and will i7�ake any excuse to show cause for removal. If they
would take the approach of Frank Lloyd Wrig ht and confi�ure the building around the
natural surroundings both the trees and the buiIdings themselves would 'unprove the v�sual
appeal of the commurury u�stead of the ugly appearance of pill box houses squeezed next to
each other.
Point 2: A number of years ago a proposal was made to run a street from Hall to Edgewood
through the property on this MLP request. The signatures collected at that time agau�st the
proposal are on record and the alternative plan roposed by the citizens should be reta.ined
as the permanent plan. That suggestion �s st� valid and the points against the throu�h
street are aLso still valid. In addition,such a road would create undesirable traffic ne�to the
existing residence irrunediately to the north of this property. The access road to the
additional houses would then be posiuoned in such a inaruler to not disturb the tree
mentioned above nor create undesirable traffic volume.
NOTIC�OF DEQSION MI.P2008•00002/FITH AVENLJE INVESTMENTS LLC PARTITION PAGE 6 OF 23
' RESPONSE: The applicant proposes to retain the Giant Sequoia on proposed Lot# 1.
The City has recently deve�lop e�d SW Wall Street in association with the City Library. The street spacing
standards applicable to SW l�ill require closure of driveways and other access when possible, if the d�stance
between accesses is less than 600 feet. At some point in the future, SW Wall S�treet w�ll continue through the
intersection with SW Hall when the adjacent properties develop at which time Re�ina Lane will be closed to
Hall and alternative access to the two existing homes will be provided. As a resuft, only access to proposed
lots #2 and # 3 created with this minor land partition will impact the property to the north. The proposed
access would not impact the e�sting Giant Sequoia.
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions (18.420�
The proposed partition complies with all statutory and ordinance requirements and regulations;
T�ie proposed partition complies or can be ii�ade to coinp ly with all statutory and ordinance requirements and
regulauons as demonstrated by the analysis contained within this admuustrative 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 & Utiliry Improvement
Standards). Based on the analysis provided herein, staff finds that adequate pubhc facilities are available 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
18.8I0 (Street &Utility Improvement Standards). Improvements will be reviewed as part of the pernut process and
during construction, at wluch tune the appropnate review authoriry will ensure that Ciry and applicable agency
standards are met. Based on the analysis u-i this dec�sion,Staff finds that this critenon is met.
All proposed lots confonn to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning
district
The miniinum lot width required for the R 4.5 zoning district is 50 feet. Parcels # 1 and 2 are 77 feet in width;parcel
#3 is 73 feet wide. Therefore,this cnterion 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 ininiinum lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached
single-farruly units. The pr�oposed partition creates two lots (not including the accesswa� that are 7,552 square feet and
one at 8,604 square feet.Therefore,this cntenon has been met.
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
The prop osed partition plat (Sheet 3 of 7) illustrates that the proposed parcels meet this standard as Parcel # 1 has 114
feet on SW Edgewood Street and Parcels #2 and 3 have access from a 16-foot access easement.
NOTICE OF DEC]SION MLI'2008-00002/FITH AVENUE INVES'I'MEN'I5 LLC PARTITION PAGE 7 OF 23
" 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 included building envelopes for each parcel demonstrating that the required setbacks
could be met. Setback standards for the proposed lots will be reviewed at the time ot building perniit submittal.
Therefore,this criterion is met.
When the partitioned lot is a flag lot,the developer may detemune the location of the front yarci,provided that
no side yard is less than 10 fee� Structures sliall generally be located so as to maximize separat�on from
existing structures.
A flag lot is proposed for Parcels #2 and #3. The building envelopes shown on the preluninary plan identifies the
north side as the front with 10 foot side yards to the east and west,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 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
developmen�
The roposed access drive for lots #2 and#3 is shown on the Prelunui Plat (S�heet 3 of 7 as being�located within 10
feet of the adjacent property. The applicant's Gradin Plan shows a retai ng wall along the pro�pertyline (Sheet 4 of 7�.
The applicant s narrative proposes a b-foot�ood nei g�bor fence,consistent wrth this standard. Therefore,to ensure th�s
condition is met, the applicant shall subrrut a landscape plan showing a privacy screen along the property line in
accordance with Section T8.745.050.
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 (TVF&R) has reviewed the proposal and provided the following comment: "The minimum available
fire flow for sin le fainily dwellings and duplexes served by a murucip al water supp�ly shall be 1,000 gallons per minute.
If the structure s �s (are) 3,600 square feet or larger, the required fire flow shall be detennined accordulg to IFC
reqPendix B.-�I��B105.1 The nearest fu-e h rant as shown on the submitted drawin s must be able to rovide the
ired fire�lowdemand)" � g P
Therefore, as a condition of approval, the applicant shall submit a letter to the City from TVF&R demonstrating that
the e�sting fire hydrant is capable of providing the necessaryfire flowdemand.
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 appmved partition map.
The applicant proposes a shared access to lots #2 and #3. A reciprocal easement to ensure access and i�naintenance
recorded wrth the partition plat has been conditioned in the Access, Egress, and Cu-culation section of this decision,
consistent with this standard.
Any access way shall comply with the standarcls set forth in Chapter 18.705,Access,Egress and Cimulation.
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 is located between elevations 176 and 189 feet and is approximately 900 feet west of the one-hundred-
year floodplain at elevation 141 feet. Therefore,this standard does not apply.
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)/adjustrnent(s)
will be processed concurnendy.
NOTI�OF DEQSION MLI'2008-00002/FITH AVENLIE 1NVES'I�vIE N'I'S LLC PARTITION PAGE 8 OF 23
The applicant has not applied for a variance.Therefore,this standard does not apply.
FINDING: The.proposed minor land panition meets, or can meet,all of the relevant standards of the land partition
section as indicated in the above findings and required in the following conditions of approval.
CONDITTONS:
. 71ie applicant shall submit a revised lanc�scape plan showing a screen along the property line ui
accordance with Section 18.745.050.
. The applicant shall submit a letter to the Gry f rom TVF&R demonstrating that the existing f ire
hydrant�s 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 Pancell Pa�el2 Pa�e13
Minimtun Lot Size
- Detached unit 7,500 sq.ft. 7,555 sq.ft. 7,555 sq.ft. 9,055 sq.ft.
- Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
- Detached u�ut lots 50 ft. 77 ft. 77 f�. 73 ft.
- Duplex lots 90 ft.
- Attached unit lots
Maximum Lot Covera e - NA NA
Minimwn Setbacks
- Frnnt ya� 20 ft. Per Per Per
- Side facing street on comer&through lots 15 ft. Bldg. Bldg. Bldg.
- Side ya�i 5 ft Pemut Pem�it Pem7it Review
- Rear yatd l5 ft. Review Review
- Side or rear yard abutting more restrictive zoning district --
- Distance between property line and front of garage 20 ft.
-Side Yard Setbacks forFla Lots TDC 18.420.050 A 4 e 10 fL
Maximum Hei ht 30 ft. 30 fc. 30 ft. 30 ft.
Minimum Landsca e Re uirement - NA NA NA
FINDING: The proposed lots meet the applicable development standards for the R 4.5 zone. Two flag lots are
proposed for Lots #2 and #3. These lots will be subject to the Building Heighrs and Flag Lots
standarcis (18.730.020.G�, which are addressed below in the Excepuons to Development Standards
section of this decision. No specific development is proposed at this time. The building envelopes
shown on the Preliminary Plat (Sheet 3 of 7� indicate the development standards can be met. flny
proposed development ot the subject lots w�ll be reviewed for consistency at the time of building
pernut applicauon.
Access,Egress and Circulation(18.705�:
Continuing obligation of pro�erty owner. The provisions and maintenance of access and egress stipulated in
this tide are cont�nuing requireinents for the use of any structure or parcel of real propeity in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18J05.030.H.1 states diat an access report shall be suUmitted wit�i all new develop ment pmposals
which verifies design of driveways and streets are safe by meeting adequate stackin needs, sight distance
and deceleration standards as set by ODOT, Washington County,the City and AASH�O.
NOTIC�OF DEC�SI(�N MLP2008-00002/FITHAVEN[JE INVESTMENIS LLCPARTITION PAGE 9 OF 23
� A preliminary sight distance certification for the shared driveway was submitted by Harris-McMonagle Associates dated
Febivary 20, 2008. The speed limit on a local street is 25 mph, requiring a minunum sight distance of 250 feet in each
direction.
The proposed access is shown located 140 feet north of the 90 degree tum on SW Edgewood Street. The engineer
states that the sight distance from the proposed access point was measured to be 250 feet in both directions. Because
of the geometry of the road to the south the applicant's enguleer shall submit a diagram to show how sight distance of
250 feet can be achieved. This shall be submitted pnor to�ssuance of building perrruts.
All driveways are shown to access SW Edgewood Street. No vehicular access will be allowed to SW Regina Lane.
Section 18.705.030.H.2 states that driveways shall not be pernutted to be placed in the influence area of
collector or arterial street inteisections. Influence area of intersections is that area where gueues of traffic
corrunonly form on ap�proach to an intersection. The miniinum 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 dependm upon the influence area, as detennined
from C�ity Engineer review of a traftic 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 with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as
far from the intersect�on as possible.
SW Edgewood Street is classified as a Neighborhood Route, which is a local street. Therefore, this criterion does not
apply.
Section 18.705.030.H.3 and 4 states that the minimum spacin of driveways and streets along a collector shall
be 200 fee� The minimuin spacing of drivewa�ys and streets a�ong an aitenal shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 fee�
The applicant is proposing a single drivew�ay and a shared driveway on Edgewood,a local street. Tlus criterion is met.
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, orp a�els 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 �oint use; and copies of the deeds,
easements, leases or contracts are placed on permanent file with the City.
Joint access is proposed across lot # 1 for the benefit of lots #2 and #3. The ap plicant proposes a joint access and
mau-itenance agreement detailing�rights and responsibilities to be recorded with the final partition plat. To ensure this
standard is met the applicant shall submit sat�sfactorylegal evidence demonstrating the joult access use.
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.
All proposed lots will have direct access onto SW Edgewood Street,consistent with this standard.
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 Edgewood Street. Comments received from
Tualatin Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, this standard �s
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 followin : a) A cincular,paved surface havin�a miniinum turn radius measured
from center point to outside edge of 3�feet; b) A hammerhead-configured,paved surface with each leg of the
hammerhead having a minimwn depth of 40 feet and a minimum width of 20 feet; c) The maximum cross
slope of a required turnaround is 5%.
N�)'I'ICE OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMENTS LLC PAKTITION PAGE 10 OF 23
' The len�th of the access drive to lot #3 is shown on the Prelunulary Plat as approximately 140 feet. Therefore, this
standard does not apply.
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 tra�c 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 Edgewood Street is a local street serving a low densiry residential neighborhood. There is no reason to restrict the
location of the proposed driveways.Therefore,this standard does not apply.
FINDING: The standards of the Access Management chapter have not all been satisfied. However, with
the following condition of approval,the standards can be met.
CONDITTON: The applicant shall submit satisfactory legal evidence demonstrating the joint access use of the
proposed easement across Lot# 1 for the benefrt of Lots #2 and#3.
Density Com�utations (18J15�:
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 propexty 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 for private 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 the site.
B. Calculating maximum number of residential units. To calculate the maximtun ntunber 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�
C. Calculatin minimum number of residential units. As req�uired by Section 18.510.040, the minimum
number o�residential units per net acre shall be calculated by multiplying the maximum number of
units detennined in Subsect�on B above by 80°/a (0.8).
The subject .61-acre site totals 26,571 gross square feet. There are no sensitive land areas or private streets within
the sub'ect proposal: To deternune the net developable area, the square footage to accommodate Edgewood Street
right-o�way dedication (7 feet x 114 lineal feet = 798 s quare feet) is deducted from the gross square footage
(26,571square feet gross - 798 square feet dedication = 25,773 net developable s uare feet). As the minunum lot
size for the R 4.5 zone is 7,500 square feet, the maxunum number of lots �s three�25,773 square feet/7,500 square
feet/unit = 3.43 units). The inirumum number of lots at 80 percent is two. Pursuant to 18.730.OSO.E the lot area
for a flag lot shall be provided entirely within the building site area exclusive of any access way. The Lot area as
proposed for lots #2 and #3 are 7,552 and 8,604 square feet respectively, consistent v�nth th�s standard. The
proposed partition creates three (3) separate lots in conforn�ance with the density requirements.
FINDING: Based on the analysis above,the Densiry Computation Standards have been met.
Environmental Performance Standards (18.725):
Require�ederal and state environmental laws, rules and regulations be applied to development within
the City of Tigard. Section 18.725.030 Perfonnance Standarcls regulates: Noise, visible emissions, vibration
and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigar�d
Municipal Code shall apply.
NOTICE OF DEQSION ML['2008-00002/FITHAVENUE INVES'I'IvIFNTS LLCPARTITION PAGE 11 OF 23
' �sible Emissions. Within the Commercial zonin districts and the Industrial Park(I-P) zoning district,there
shall be no use, operation or activity which res�ts in a stack or other point- source emission, other than an
emission from space heatin or the emission of pure uncombined water (steam) which is visible from a
pg p�o li 1.• Department o�Environmental Quahty (DE� tules for visible emissions (340-21-015 and 340-
2 0 ) pPY
V'ibration. No vibration other than that caused by highway vehicles, trains and airrraft is permitted in any
given zoning district which is discernible without instrunients at the propetty line of the use concerned.
Odors. The emissions of odorous gases or other matter in such qu� antities as to be readily detectable at an
poi lt beyond the property line of the use creating the odois is pro-hibited. DEQ rules for odors (340-028-090�
PP Y
Glare and heat No direct or sky reflected glare, whether from floodli hts or from high tem erature processes
such as combustion or welding, which is visible at the lot line shal�be permitted, and; l�there shall be no
emission or transmission of heat or heated air which is discernible at the lot line of the sour�ce; and 2) these
regulations shall not apply to signs or floodlights in parking areas or constiuction equipinent at the t�me of
construction or excavation work otherwise permitted by this tide.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a
manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: As this is atypical detached single-familyproject,which is a permitted use in the R 4-5 zone, it
is anticipated-that none of the environmental conditions that have been listed above will be
compromised beyo nd allowable levels. The above perfom�ance standards are met. These
standards would be subject to code enforcement invesugation if for some reason the above
standards were in quesuon.
Exce tions To Develo ment Standards 18.730 :
ui ing eig ts F ag ots 18.73 .020. :
Limitations on the placement of residential structures on fla lots apply when a flag lot is created after
April 15, 1985 by an approved,partition. The maximum heigh� for an attached or detached single-family,
duplex, or multiple-family residential structure on a fla lot or a lot having sole access from an accessway,
private drive or easement is 1-1/2 stories or 25 feet, w�chever is less, except that the maximum height
may be 2-1/2 stories or 35 feet,whichever is less, provided:
. The prop osed dwelling otherwise complies with the applicable dimensional requirements of the
zonin� dstrict;
. A 10 teet side yard will be preserved;
. 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
. Windows 1� feet or more above grade shall not face dwelling unit windows or atios on any
abutting lot unless the proposal includes an agreement to plant trees capable of mi�igating direct
views, or that such trees exist and will be preserved.
Where an agreement is made to plant trees capable of mitigatin direct views, the agreement shall be
deemed a condition of approval underthe provisions of Section 18.�0.030 D.
The tree planting agreement shall be a condition of Chapter 18.360, Site Developinent Review, for three or
inore attached units or a multiple-family residential sfructure, or, at the time of issuance of building
pennits, for single detached units, one duplex or two attached residential units.
FINDING: The applicant has shown in the Prel'uYUnary Plat (Sheet 3 of 7) that 10-foot sideyards will be
preserved on lot #3, but 5-foot side yards are shown on lot #2. Both lots #2 and #3 are flag
Iots. It appeaxs that dwellings on adjacent properties are more than 50 feet from the building
envelope, as shown on lot #2, but less than 56 feet from lot #3. Therefore, the flag lot height
limitation may apply to propo� sed lot#3. However the setbacks must be confirmed at the tune
of building perrrut review. To ensure this standarc� is met, the applicant shall demonstrate the
building height is cons�stent with the Section 18.730.020.C.
NOTTCE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMEN'IS LLC PARTITION PAGE 12 OF 23
' CONDITTON: Prior to building perniits, the applicant shall demonstrate the building heights and setbacks for
flag lots #2 and#3 are consistent with the Section 18.730.020.G
Landscapin� and Screenin 18.745 :
�xisting vegetation on a si e s a e 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 sfiall be noted on the randsca�pe plans (e. ., areas not to be disturbed can be fenced,as in snow fencing
which can be placed around the individual trees�.
The applicant plans on retaining a 62" Giant Sequoia on the western portion of the property adjacent to SW Edgewood
Street. The applicant's Grading and Tree Protection Plan (Sheet 4 of 7) shows this tree and property line trees on the
south and east portion of the property The Plan shows tree protection fencing for these trees. To ensure tree
protection is adequate,the applicant shall submit a revised plan which includes a signature of approval from the project
arborist.
Street Trees: Section 18.745.040
Section 18.745.040.A: All development projects fronting on a pu�blic street,private street or a private driveway
more than 100 feet in length approved after the adopt�on of ftus tide shall be required to plant street trees in
accordance with the standarcis in Section 18.745.040G
The ap p.licant's Tree Miti�ation.Plan (Sheet 6 of 7) shows Redbud proposed for the SW Edgewood Street frontage and
MagnoI�a grandiflora for the pnvate drive consistent cvith this standard. The City Arborist's comments on tree spacing
suggest a note be included on the pla.ns to the effect that sli ht variations ul'placement may be required due to
dnveways, utilities, etc., but every attempt will be made to keep t�e same net num6er of street trees that are shown on
the plans.
Suffering and Screening Requirements: Section 18.745.050.5
The prop�osed land partition occurs on a parcel surrounded by the same land use designation (R 4.5) as the subject
parcel. -l�herefore, no buffering or screening pursuant to. Section 18.745.050.A is required for the proposed land
partition. However,as conditioned above,privacyscreening�s required pursuant to Section 18.420.050.A.4.f.
FINDING: The landscape and Screenuig standards have not all been inet. However, with condicio��s of
approval regwnng protection of e�sting vegetation and planting of street trees along SW
Edgewood Street and the proposed access for lots #2 and#3,the cnteria can be met.
C,ONI�TTIONS:
. The �plicant shall submit a revised tree and landscape protection plan that clearly
ident ies existuig�trees and ma�or vegetation to remain (both on and off-site), and the
methods that w�71 be used to protect them. The tree and landscape protection plan
should include a signature of approval from the project arborist.
. The applicant shall submit a revised street tree plan consistent with the City Arborist's
comments on tree species, location, and spacing and ulclude a note on the plans to the
effect that slight variations in placement may be required due to driveways, ut�lities, etc.,
but every attempt will be inade to keep the same net ni.unber of street trees that are
shown on the plans.
Off-Street Parking And Loading ReQUirements (18.7651:
This Chapter is applic�or deve opment pro�ects when there is new construction, expansion of e�sting
use, or change of use in accordance with Sect�on 18.765.070 Minimum and Maximum Off-Street Parking
Requirements.
FINDING: The proposed project will create 3 new lots for single-family construction. Submittals of detailed
pl�ans for the construction of any home within the development are not necessary at this time.
Table 18.765.2 requires that one (1) off-street�parkin space be provided per detached dwelling
unit. There is no maX;mum limit on parking aliowed�or detached singl�e-family dwellings. There
is also no bicycle parking requirement for suZgle-family dwellings. Statf notes that there �s a 20-
foot required setback from the face of garages to property lu-ies in all residential zones. To ensure
that homes constructed in this development comply with these standards,the following condiuon
shall apply.
NO'I'IC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENPS LLC PARTITION PAGE 13 OF 23
� CONDITION: At the time oE submittal for building permits for individual homes within the developm� ent, the
developer shall submit materiaLs demonstratulg that one (-1) off-street parking space which meets
mulunum dimensional and setback requu-emenu as speci�ied in Chapter 18.765 will be provided
on-site for each new home.
Tree Removal(18.790�
A tree plan �or the planting:removal and protection of trees prepared by a certified aifiorist shall be provided
for any lot, parcel or combination of lots or pamels for which a develop ment ap plication for a subdivision
partition, site development review, planned development or conditionai use is tlled. Protection is prefernec�
over removal wherever possible.
As required, the applicant has provided a tree plan conducted by Kay Kin �on, a certified arborist. The Tree Removal
plan inventones the existing trees on the subject site and those proposed �or removal (Grading and Tree Preservation
1'lan,Sheet 4 of 7).
The report indicates that 4 of 5 re�ulated trees (over 12" non-hazardous and non-fruit bearing� will be removed. This
represents 20% retention, not 46.g% as indicated by the applicant. 20% retention requires nutigation of 100% of the
inches removed. Therefore,the applicant is required to miugate for all 70 inches removed. As a condition of approval,
the applicant shall submit a revised rrutigation plan reflecting the proposed 20 percent tree retention.
Finally, since the mitigation proposal is a tree plan requirement, it needs a signature of approval from the project
arborist certifying that the species and placement of irungauon trees has been reasonably calcuiated to provide for their
growth to matunty.
The tree protection details on Sheet 4 of 7, dated February 29, 2008, lists the height of the fence as 4' minimum.
However, the C.�ty requires a miniinum height of 5'. There}ore,the applicant shall rev�se theu-tree protection fence
detail to show it as 5' ininunum height.
Also, there appears to be some sli ht grading proposed within the tree protection zone in the southeast portion of
the property. 1'lease have the app�cant rev�se the plan so there is no graduig v�nthin the tree protection zone. This
can not be accomplished by reduculg the size of the tree protection zone anthout 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
a� pproval 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 perniit
affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous
according to a ccrtificd 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 hazardous 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. To ensure
these standards are met,the applicant shall satisfythe following conditions of approval:
CONDITTONS:
. Prior to final plat, the applicant shall submit a revised mit�'gation plan reflecting the
�roposed 20 percent tree retention. In addition, applicant shall subrrut a cash assurance
letter of credit or cash deposit) for the equivalent value of mitigation required. Any
trees successfully planted on or off-site in accordance with an approved Tree
Mitigation Plan and TDC 18J90.060.D,will be credited against the assurance two�ears
after all of the trees are planted per the approved Tree Mitigation Plan. The Tree
Mit� ation Plan shall include a signature of approval from the pro�ect arborist and be
due�or review and approval prior to tree planung or the issuance of bwlduig pernuts,
whichever is first. The mitigauon proposai shall show the species,location, and spacing
of miti�auon trees in relation to build�ngs, infrastructure,e�stuig trees, street trees, and
each other. After the plan is approved and the trees are planted, the project arborist
NOT'IC�OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'MEMS LLC PAR7TTION PAGE 14 OF 23
� shall submit a letter to the Cary Arborist to certify that all of the miti�ation trees were
properly planted per the approved Tree Mitiga�uon Plan ui order to set the starting point
of the twoyear tree estab�.shment period. Atter the two year establishment period,the
applicant.shall provide a re-inventory of the mitigation trees conducted by a cert�fied
arborist ui order to document rrnugauon tree survival, and compliance with the
approved Tree Mitigation Plan. The remauung value of caliper inches not successfully
rruugated shall be paid as a fee in-lieu of planting from the onginal cash assurance.
. 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
�alvanized iron posts, dnven into the ground to a depth of at least 2-feet at no more
t an 10-foot spacin . The applicant shall po�siuon fencing as directed by the pro'ect
arborist to protect t�e trees to be retauied. The applicant shall allow access by the �ty
Arborist for the purpose of monitoring and inspection of the tree protection to verify
that the tree protection measures are perforn�ung adequately. Failure to followthe plan,
or maintaui tree protection fencing m the desig,nated locauons shall be grounds for
unmediate suspension of work on the site unt�l remediation measures and/or civil
citations can be processed.
. If work is required within an established tree protecuon zone, the project arborist shall
prepare a proposal detailing the construction techniques to be emp loy�d and the likely
unpacts to the trees. The proposal shall be reviewed and approved by_the Csty Arborist
before proposed work can proceed within a tree protection zone. The City Arborist
may reqwre changes prior to approval. The project arbonst shall be on site while work
is occumng with�n the tree protection zone and subrrut a surrunary report certifying that
the work occurred per the proposal and will not significantly impact the health and/or
stability of the trees. 1�vs note shall be included on the Tree Protection Plan.
. Prior to issuance of building pernuts, the applicant or builder shall submit site plan
drawi.ngs 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 proJ'ect arbonst
regarduig the placement and construcuon techn�gues to be employed uz building the
structures. AIl proposed protection fencuig�shall be installed and inspected prior to
commencing construct�on. The fencing sha11 remain in place through the durauon 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 Arbonst certifyu�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�nal inspection 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 ry Arbonst, at least once every two weeks, as the
Project Arborist morutors the construction acuvities from initial tree� protection zone
(TPZ) fencuig installation through the building construction hases. The reports shall
evaluate the condition and location of the tree rotection �encing= determu7e �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
stabiliry of the tree(s). If the reports are not subrrutted to the Ciry Arborist at the
scheduled intervals, and if it appears the TT'Z's or the Tree Protect�on Plan are not
being followed by the contractor or a sub-contractor, the Cary can stop work on the
pro�ect unt�l an u�spect�on can be done by the City Arborist and the Project Arbonst.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENLIE 1NVESTMEN'IS LLC PARTITION PAGE 15 OF 23
" . Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any e�sting tree greater than 6" diameter may be
removed onlyif 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.
V'isual Clearance Areas (18.795�
This Chapter requires at a clear vision area shall be maintained on the corners of all pmperty adjacent to
intersect�ng� nght-of-ways ar 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 permanent obstruction
exceeding three (3) feet in heig�t �I'he coc�e provides that obstructions that may be located in this area shall
be visualiy clear between three (3) and eight(8) feet in height Trees may be placed within tlus 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 these two
points with a straight line.
FINDING: The applicant's Preliminary Partition Plan (Sheet 3/7) shows a vision clearance area for the
proposed access to Parcels #2 and #3. However, the triangle area is inconsistent with th.is
standard. Therefore, with the following condition of approval the proposed partition can meet
the standard.
CONDITION: The applicant shall submit a revised preliininary plat showing the visual clearance areas as
deterrruned u1 Section 18.795.040, where the area is descnbed as a triangl�e 30-feet deep along
the centerline of the access way and 30-feet each side of the centerline along the right-of-way
line.
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: '
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 miprovements 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 Cominunity Development Code requires the dedication of real property interests, the
applicant shall either specifically concur with a requirement for public right-of-way dedicat�on, or provrde
evrdence that supports that the real roperty dedicat�on is not roughly proportsonal to the projected impacts
of the develo men� Section 18.390.�40 states that when a condition of ap roval requires the transfer to the
public of an interest in real properiy,the approval authority shall adopt findings which suppott the conclusion
that the interest in real property to be transferred is roughly proportional to the impact the proposed
development will have on tlie public.
The applicant has submitted an impact study. SW Edgewood Street is currently unimproved. In order to mitigate the
imp act from this development,the ap plicant will provide a future unprovement guar�antee for unprovements to the SW
Edgewood Street frontage. The app�icant will be extending sanitary sewer and storm drainage connections to the three
proposed lots to account for the additional impervious area beuzg 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
unp acts to public facilities are offset by t�he collection of Systems Development Char�es (SDC's) collected at the time of
buildin pernzit�ssuance. Therefore,this standard can be satisfied through meeting the conditions of approval required
in this �ecision.
The TIF will be paid at the time of building pernzits and is a mitigation measure required for new development. Based
on Washington Countyfi�ures, TTF's are ex�pected to recapture 20 percent of the traffic im act of new development on
the Collector and Arterial Street system. The TTF for the proposed development is $6,�40 (2 new dwelling units x
$3,020/per dwelling urut).
NOTTCE OF DEQSION MLP2008-00002/FITH AVENLIE INVES'1MENI'S LLC PARTTTION PAGE 16 OF 23
" Based on the estimate that TTF fees cover 20°/o of the im act on major street improvements cirywide, a fee that would
cover 100% of this pro'ect's traffic imp act is $30,200 ($6,�40 =0.20). The difference between the TIF paid and the full
impact is considered t�e uruzuti ated impact on the street system The urunit��gated impact of this project on the
transportation system is $24,160�$30,200 - $6,040). The applicant will be required to rruugate some impacts as shown
below:
Miti ated Costs Estimate
De icate ition Right-of-Way($3/sf x 798 s�... ... ... ... ... ... ... .... $2,394
SidewalkImprovements ($20/lf x5001f�... ... ... ... ... ... ... ...... .. .$10,000
. .....
To�tigate�.. ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... .$12,394
Ro h Pro ortionali
F �in�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... $30,020
Less TTF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .$6,040
Less Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 12 394
Estimate V ue o Urunitigate Impacts $11,586
Based on this analysis, the mitigated costs do not exceed the estirnated value of the impacts. Therefore, the required
improvements meet the rough proportionaliry test.
PUBLIC FACILITY CONCERNS
Street And Utility Im rovements Standards (Section 18.810):
Chapter 18.810 provi�es construction stand'a�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:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an e�usting
street shall be dedicated and improved in accordance with the TDC.
Miniinuin Rights-of-Way and Stmet Widths: Section 18.810.030.E requires a local street to have a 54 foot
ri�ht-of-way width and 32-foot paved section. Other improvements required may include on-street parking,
si ewalks and bikeways, underground utilities, street lighting,storm drainage,and street trees.
Tlvs site lies adjacent to SW Edgewood Street which is classified as a local street on the Ciry of Tigard Transportauon
Plan Ma . At pr_esent, there �s appro�nate� 20 feet of ROW from centerline, according to the most recent t�
assessor'smap. The applicant shou�ld dedicate the addinonal ROW required to provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this development, the
applicant should enter into a future street unprovement agreement.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of eXisting� and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or pemut 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 stree� These street stubs to adjoining pro etties are not
considered to be cul-de-sacs since they are intended to continue as through streets at suc� time as the
adjoining property is developed. A barricade shall be constructed at the end of the street by the propeity
owners wluch shall not be removed until authorized by the City Engineer, the cost of which shall be mcluded
in the street construction cost Tem orary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess o�150 teet in length.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and maybe closed or have lirruted ingress/egress with future development. Therefore,this development is not required
to provide a future street extension.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMEN'I'S LLC PARTITTON PAGE 17 OF 23
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten per+cent on arterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have seg ments
with grades up to 15% for distances of no greater than 250 feet). Centedine radii of curves shaII be as
determined by the City Engineer.
The grade along the SW Edgewood Street frontage does not exceed 12°/o, and no new streets are proposed. Therefore,
this critenon�s met.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be extended within t�ie 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
reconfi��ure the street pattern to�rovide required extensions. Land is considered topographically constrained
if the slope is greater than 15/o for a distance of 250 feet or more. In the case of environmental or
topograplucal 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.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have limited ingress/egress with future development due to limited access on Hall Boulevard, an
arterial. Therefore,this development�s not requu-ed to provide a future street extension.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�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
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 ineasured 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 cir�culat�on provides equivalent access.
The subject site is located within a block bounded by SW Hall Blvd= an arterial, SW Edgewood Street, SW O`Mara
Street, and SW McDonald Street, a collector. This block perimeter �s approx.imately 9,000 feet in length. The City
anticipates future connections to SW Ed ewood Street on SW 93'�Avenue and SW Wall Street,which would sluink the
penmeter to ap ro�mate�l�y 5,800 lineal �eet. Pine Brook Creek precludes through streets from SW�E�dgewood to SW
McDonald and�W Hall. The City access standard for collectors precludes additional access onto SW Hall at SW Regina
Lane. No new streets are being created with this parauon.
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 notpossible. Spacing between connections shall be no
more than 330 feet, except where precluded by envrrorunental or topographical constraints, existing
development pattems, or stnct adherence to other standards in the code.
As shown above, even thou�h the e�sting block perimeter si nificantly exceeds the maximurr�, a through street at SW
Regina Lane would not be a[lowed as it is approxunately 200�eet from the SW Hall and Wall intersection. Pursuant to
Section 18JOS.H.3,600 feet spacing is reqwred between accesses on SW Hall. However,SW Regina Lane is a narro�w�ly
paved public rig�ht-of-way that could support the alignment of a bicy�le and pedestrian connection between SW Hall
Boulevard and SW Edgewood Street. Therefore, the applicant shall submit a rev�sed prel'uninary plat that shows a
bicycle and pedestrian connection on a public easement on the subject property from SW Edgewood Street to the
eastern property boundary, as required in Condition# 14.
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 pax�el is less than 1.5 times the minimum lot size of the applicable zoning district
All proposed lots are less than 1.5 times the ininun lot size and are therefore,exempt from this standard.
NOTIC�OF DEQSION MLP2008-00002/FITH AVENLJE INVESTMENTS LLC PARTITION PAGE 18 OF 23
Lot Frontage: Section 18.810.060(S) 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 ap lies, wluch requires a parcel 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 proposed development is a minor land partition.Lot# 1 has 114 feet of frontage on SW Edgewood Street.Lots #2
and#3 will gaui access from a proposed access easement across lot# 1,cons�stent Rnth th�s standard.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans show a future sidewalk along their SW Edgewood Street frontage and the narrative requests they
be allowed to enter uito a future street improvement agreement for half-street improvements. The future street
improvement agreement for SW Edgewood frontage will include the sidewalk and planter strip.
The applicant.will be required to construct a 5 foot wide concrete sidewalk, in a public easement, along their north
property line in order to provide a pedestnan connection between the SW Edgewood neighborhood and SW Hall
Boulevard. The applicant will be required to construct a stauway to accommodate the grade change at the east property
line to Regina Lane. Su1ce Regina Lane, a public ROW serves only two homes and crosses Pu�ebrook Creek,the lane
itself can serve to accommodate the pedestrian traffic �rom the stairway to Hall Boulevard without construction of a
concrete sidewalk and thereby avoid unpacts to the creek from a widened access unprovement. This meets the Block
Size standards of 18.810.040 when a street connection is not possible and also provides a direct,safe pedestrian route to
transit f acilities and Neighborhood Activity Centers (the Tigard Pubhc Librar�.
The applicant shall install pedestrian path signage at Hall Boulevard and Edgewood Street.
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 e�sting 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 pohcies 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 t7�►e Comprehensive Plan.
There is an e�sting sanitary sewer line. in SW Edgewood Street and also in SW Re ina Lane. The applicant's plans
show that Parcel l �s served by an e�stin lateral to the sewer line in SW Edgewood�treet. The applicant proposes to
serve parcels 2 and 3 from a sewer inanho�e at the south east corner of the property.
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 Up stream Drainage: Section 18.810.100.0 states that a culvert or other draina e facility
shall be lar�e enough fo accommodate potential runoff from its entire upstream drainage area,whe�er inside
or outside �he developmen� The City Engineer shall approve the necessa�ry size of the facility based on the
�rovisions of Design and Constniction Standards for Sanrtary and Surface Water Management�as adopted by
lean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainageways 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 resultin from the development will overload an e�spng draina e facili�y, the
Director and Engineer shall wi�old approval of the development until provisions have �een made for
improvement of the potential condition or until provisions have been made for storage of additional runoff
caused �b�y 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
ainendments).
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENTS LLC PARTITION PAGE 19 OF 23
� In 1997, C1ean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a
stormwater detention/effective imp eroious area reduction pro ram resultin ui no net increase u� storm peak flows up
to the 25-year event. The City wi11 require that all new deve�opments res�tin in an ulcrease of unpervious surfaces
provide onsite detenuon faciliues,unless the develo�pment is located adjacent to�anno C:reek. For those developments
adjacent to Fanno Creek,the storm water nanoff wiIl be pernzitted to d�.ccharge without detention.
T�vs development is adjacent to Pinebrook Creek. For a development of this size, a minor land partition, detention is
not required. However,a fee-u�-lieu of providing detention is requued.
Bikeways and Pedestrian Pathways:
Bikeway E�ension: 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 extension of such bikeways
through the dedicat�on of easements or nght-of-way.
SW Edgewood Street is not classified as a bicycle faciliry.
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 under�round, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets wiuch may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operat�ng at 50,000
volts or above,and:
. The developer shall make all necessary arrangements with the serving utility to provide the
underg 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 norto the surfacing of the streets;and
. Stubs for service connections shall be long enough to avoid distu�ing 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 deteimines that the
cost and technical difficulty of under-groundin� the uhlities outweighs the benefit of under-grounding in
conjunction with the development The detemiination shall be on a case-by-case basis. The most common,
but not the only such situation is a shoit frontage development for which under-grounding 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 ut�lities 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 e�stin overhead utility lines alon�the west frontage of SW Edgewood Street. If the fee in lieu is proposed,
it is e qual to $35.�0 per lineal foot of street frontage that contains the overhead lines. The frontage along this site �s 114
lineal feet;therefore the fee would be $3,990.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water S stem:
The City o Tigar provides service in this area. The ap licant's plans show two new domestic meters will be installed
to serve Parcels 2 and 3. The e�sting domestic meter�be used for Parcel l.
NOTIC�OF DEQSION MLI'2008-00002/FITH A\/ENLJE INVES'I'MENTS LLC PARTTTTON PAGE 20 OF 23
• Storm Water ali
Qu t :
The City as agreed to enforre Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standa�is (adopted by Resolution and Order No. 00-7) which
require the construct�on of on-site water quality facilit�es. The facilities shall be desi ned to remove 65
percent of the phosphorus contained in 100 pe�ent of the storm water runoff�enerated�rom newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
inethod to be used in keeping the facility maintained through the year.
`I�ie G�US standards include a provision that would exclude small pro'ects such as residential land partitions. It would
be impractical to re quire� an on-site water qualiry faciliry to accommo�ate treatment of the storm water from Parcels 2
and 3. Rather, the CV� standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed
appropriate. Staff recommends payment of the fee ui-lieu on this appl�cation.
Grading and Erosion Control:
CWS Desi n and Construction Standards also regulate erosion control to reduce the amount of sediment and
other pol�utants reaching the public storm and surface water system resulting from development,
construct�on, gradin�, excavating, clearin , and any other activity which accelerates erosion. Per CWS
regulations the applicant is required to su�mit an erosion control plan for City review and approval prior to
issuance ot�City permits.
The applicant shall submit an Erosion Control Plan with the PFI Perniit application for review and approval.
Address Assignments:
Th�T�gard is responsible for assign u��addresses fo� r�parcels within the City.of T' ard. An addressing fee in the
amount of$50.00 per address shall be assessed. T�us fee shalI be paid to the Cirypnor to�inal plat approval.
The developer will also be required to provide signa e at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the given�riveway or street. This will assist emergency services personnel to
more easily find a particular home.
Surve Re uirements
e app �cant's in plat shall conta.in State Plane Coordinates AD 83�(9� 1)] on two monuments with a tie to the
Cit�s global positionuig system(GPS) geodetic control network(�GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as required for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to gnd
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 a�plicant's as-built drawin�s shall be ued to the GPS network The applicant's en�ineer shall provide
the City with an e ectronic file with pouits or each structure (manholes, catch basins,water valves, rants and other
water system features) in the development, and their respective X and Y State Plane Coordinates, re erenced to NAD
83 (91).
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department commented on the proposed partition requesting a monument marker be
placed at the foot of the drive leading to the residences to ident�fy the house numbers. A condition of approval shall
requu-e the marker.
City of Tigarci.Public Works Department was notified of the proposed partition and inquired as to the status of SW
Reguia Lane with respect to the Cit�s connecuvity standards, and to the downstream disposition of the stormwater
connecuon proposed.These issues are addressed in Staff's fuidmgs in the Streets and LJtilities Section of this decision.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENCJE INVESTMEN'I5 LLC PARTITION PAGE 21 OF 23
City of Tigard Atfiorist has reviewed the pro�osal and the applicant's tree removal plan conducted by a certified
arborist,KayKuryon. The report does not contaui all four of the required components, and, �s therefore,unacceptable.
The tree rrutigation u�formation �s uiconsistent with applicant's namauve and the tree protection plan shows grading
within a tree protection zone. The City Arborist comments have been included in the findings for the Landscapuig and
Screening and Tree Removal Chapters,above.
SECTION VIII. AGENCY COMMENTS
C1ean Water Services has reviewed the proposal and submitted a general. comment letter dated March 31, 2008
regarding storm and sanitary sewer, erosion control, and sensitive areas, in w�uch G�US stated that "the project will not
sign�ficantlyunpact the existulg Sensitive Areas found near the site" (CWS File Number 07-004201�.Issues addressed m
th�s letter are uicludeci in staff Iuid'uigs ui the Streets and LTtilities Section of this decision.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments in their March 31
20081etter. Tualatin Valley Fire &Rescue endorses th�s proposal predicated on the following criteria and conditions o�
approval:
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BLJILDING AND TURNAROUNDS:
Access roa s be wit � 150 eet o portions o the e�erior w o the irst story o t e � in as
measured by an approved route around the exterior of the building. An approved ttiu�naround�s required�the
reinauiing d�stance to an approved intersecting roadway, as measured along the fire apparatus access road, is
greater than 150 feet. (IFC 503.1.1)
The proposal meets this criterion and therefore,no turnaround is required.
2) SINGLE FAMILY DWELLINGS - RE UIRED FIRE FLOW: The mi.niinum available fire flow for
single amily dwellings an dup exes serve y a municipal water supply shall be 1,000 gallons per minute. If
the structure(s) �s (are) 3,600 square feet or larger, the required fu-e tlow shall be deteimined according to IFC
Appendix B. (IFC B 105.1)
The nearest fire hydrant as shown on the submitted drawings must be able to provide 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
Fiiial Decision:
THIS DECISION IS FINAL ON APRIL 29,2008 AND BECOMES
EFFECTIVE ON MAY 14, 2008 LTNLESS AN APPEAL IS FILED.
A�-�e��l:
The llirector's Decision is final on the date that it is mailed. All persons entitled to notice or who are othervvise
adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision ui
accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written
a peal together with the re�quired fee shall be filed with the Director within 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 Planning Div�sion of Tigard City
Hall, 13125 SW Hall Boulevard,TI'igard,Oregon 97223.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVF.NUE INVES'ITv�N'I'S LLC PARTITION PAGE 22 OF 23
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 concerning issues properly raised in the Notice of Appeal may be subrrutted 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 appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13,2008.
_��estio�ns:
If you have any questions, please call the City of Tigard Placuiing Division,Tigard Ciry Hall, 13125 SW Hall Boulevard,
Tigard,Oregon at (503) 639-4171.
A�ri129,2008
PREPARED BY: a Pa enstec er DATE
Associate Planner
� --,Y--
/
- �.� .. Gz-�t A�ril 29,2008
APPROVED BY: Ric ar Bewers o DATE
Plaruling Manager
c\curpin\gary\minor land partition\m1p2008-00002(fifth avenue invesunneu llc)\m1p2008-00002 decision.doc
NOTIC�OF DEQSION M[.I'2008-00002/FITH AVENUE INVESTMENTS LLC PARTTTTON PAGE 23 OF 23
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'-Robert and Diana Hoober '
`Fifth Avenue Investments,LLC MLP2008-00002
FIFTH AVENUE INVESTMENTS LLC
P.O. Box 1637 PARTITION
Tualatin, OR 97062
Steve Bloomquist
Harris-McMonagle Associates,Inc.
12555 SW Hall Boulevard
Tigard, OR 97223
William and Teresa Lasniewski
8860 SW Edgewood Street
Tigard, OR 97223
��
AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford being first duly sworn/affinri, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'igard,Washington County,Or�egon and that I served the following:
;c}„<k$wm,�.�&n(.)lkbw;
� NOTTC� OF DEQSION FOR:
MLP2008-00002/FIFTH AVENLJE INVES'IIVIENTS LLC PARTTTION
(File IW./�.une Reference)
� AMENDEDNOTIC�
� Ciry of Tigard Planning Director
A copyof 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 byreference made a part hereof,on
Ma�6,2008, and deposited in the United States Mail on Ma,�,2008,postage prepaid.
�
(Person pare Noti e)
�
STATE OF ORE GON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the � �� dayof �-� ,2008.
OFFICU4L SE/1L
SHIRLEY L TREAT
. NOTARY PUBUC•ORE(30N ' Q�
� COMMISSION NO.418777
MY COMMISSION EXPIRES APRIL 25,zo» N TARY PUB IC OF OREGON
MyConunission Expires: ��a����
" RE-ISSUED NOTICE"
,,
N�TICE OF TYPE II DE CISION -
-
MINOR LAND PARTITION (MLP) 2008-00002
FIFTH AVENUE INVESTMENTS LLC PARTITION
THIS DECISION HAS BEEN RE-ISSLJED DUE TO INCORRECT DATES OF ISSUANCE �ND
APPEAL DATES IN THE PREVIOUS NOTICE. THE NEW DATES IN THIS NOTICE REFLECT
THE ACCURATE DATE OF ISSUANCE AND THE APPEAL PERIOD HAS BEEN EXTENDED
ACCORDINGLY.
120 Y =7 2 2008
SECTION I. APPLICATION SUMMARY
FILE NAME: FIFTH AVENUE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784
square feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments,LLC APPLICANT'S Harris-McMonagle Associates,Inc.
OWNER Attn: Robert and Diana Hoober REP: Attn: Steve Bloomquist
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard,OR 97223
ZONING
DESIGNATION: R-4.5: Low Density Residential District. The R 4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
ininirnum lot size of 7,500 square feet. Duplexes and attached single-family units are
pernutted conditionally. Some civic and institutional uses are also pernutted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington CountyTax Map 2S102DD, Tax Lot 01600.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18390 (Decision-Making Procedures); 18.420 (I,and
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Carculation);
18.715 (Density Computations); 18.725 (Environmental Performance Standards); 18.730
(Exceptions to Development Standards); 18J45 (Landscaping and Screenin�; 18J65 (Off-
Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual C:learance
Areas); and 18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of T"igard Communiry 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 twenry-five cents (25�) 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 MAY 6, 2008 AND BECOMES
EFFECTIVE ON MAY 21, 2008 UNLESS AN APPEAL IS FILED.
"AD Dea�l_:
The D-irector'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 18390.040.G.1 may appeal this decision in
accordance with Section 18.390.040.G.2 of the Tigard Community Development Code wluch provides that a
written appeal together with the required fee shall be filed with the Director wrthin ten�10) busuiess day_s of the
date the Notice of Dec�sion was mailed. The appeal fee schedule and forn�s are av able from the I'lanning
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 Decisiori shall be coi�fined io 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 during the appeal
hearing,subject to any additional rules of procedure that may be adopted f rom time to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 20, 2008.
esnons:
For urt er infornzation please contact the Planning�Division Staff Planner, Gar�Pa�enstecher at (503) 639-4171,
Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or by ema�l to ga�igard-or.�ov.
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2 02DD-0580 2 02DD-0020
19�02 RTITION PLAT CI F ARD
OWN F LOTS 1 8�2 1312 HALL BLVD
T ARD,OR 7223
2 S 102 DC-00503 2S 102�D-00902
ABBOTT TERRY A 8 LAURIE J COLLING CHARLES
8995 SW EDGEWOOD ST 13835 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102 D D-90232 2 S 1020 D-00900
ALEMU YOHANNES COLLING CHARLES W
13706 SW HALL BLVD STE 3 13835 SW HALL
TIGARD, OR 97224 TIGARD,OR 97223
2S 102DD-9011 1 2 102DD-0090
ALTMIRE GEORGE&DORIS CO ING ARLES W
13712 SW HALL BLVD#1 138 HALL
TIGARD, OR 97223 ARD, 97223
2 S 102D 8-00602 2S 102 DD-00808
BEDOLLA KAREN R CURTIS FAMILY TRUST 8
8915 SW O'MARA ST CURTIS DAVID L CRED SHEL TRUST
TIGARD, OR 97223 BY CONSTANCE G CURTIS TR
15285 SW ALDERBROOK CT
TIGARD,OR 97224
2S102DD-04100 102DD•00812
BLEVINS JESSE&CHARMIAN CU FAMILY T ST&
13807 SW FANNO CREEK DR CURTIS I CRED SHEL TRUST
TIGARD, OR 97223 BY CON G CURTIS TR
152 W ALDE ROOK CT
ARD,OR 97224
2S 102DD-01500 102DD-00813
BLICK CARL J DONA JEAN CU S FAMILY T ST&
8740 SW O'MARA CURTIS VI CRED SHEL TRUST
TIGARD, OR 97223 BY CONS E G CURTIS TR
152 W ALD ROOK CT
ARD,OR 97224
2S102DD-00802 2S102DD-90142
BOSSHARDT ARTHUR A CVETIC DEBORAH L
13915 SW HALL BLVD 13712 SW HALL BLVD STE 4
TIGARD, OR 97223 TIGARD,OR 97224
2S102DD-90222 2S102DC•00600
BRIDGMON DEBRA DEMMIN DWAYNE W 8 ANGELA L
13706 SW HALL BLVD#2 8930 SW OMARA ST
TIGARD, OR 97224 TIGARD,OR 97223
2S102DD-90132 2S102DD-90161
BROWN SHAWN L DOWNES PAUL W
13712 SW HALL BLVD#3 13712 SW HALL BLVD#6
TIGARD, OR 97223 TIGARD,OR 97223
2S102D6-00601 2S102DC-00700
DOWNS MATTHEW J� MONIQUE C HAWKINS JEFFERY S
8855 SW OMARA ST 8900 SW OMARA
TIGARD, OR 97223 TIGARD,OR 97223
2S1020C-01200 2S102DD-90242
DUFFIELD EDWARD D SUSAN HOLDEN SPENCER R
8895 SW EDGEWOOD 13706 SW HALL BLVD STE 4
TIGARD, OR 97223 TIGARD,OR 97224
2s�ozo�-o�zoo 2sio2o�-oisos
FACHIOL JOHN C 8�MARIANA HOLLAND RONALD P MARY L
13615 SW HALL BLVD 8850 SW EDGEWOOD
TIGAR�, OR 97223 TIGARD,OR 97223
2J� 2DD-90 2S102DD-01400
FAN� OINTE CONDOS HOLSTEIN MARVIN R/LORETTA R TRS
OW RS�ALL UNITS 8710 SW OMARA
, 0 � TIGARD,OR 97223
2S t 02DD-90252 2S102DD-01600
FIELDS JENNIFER R HOOBER ROBERT W&DIANA R
13706 SW HALL BLVD STE 5 PO BOX 1637
TIGARD, OR 97224 TUALATIN,OR 97062
2S102DD-00809 2S102DD-90711
GARDNER RICHARD A JARAMILLO PAND�RA
13940 SW 87TH CT 13694 SW HALL BLVD#1
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01300 2S102DD-01601
GARIBALDI ALBERT R 8 PATRICIA S JENSEN DAVID L AND LOIS C
8920 SW EDGEWOOD ST 8840 5W EDGEWOOD
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01400 2S102DD-00811
GERTZ CONSTRUCTION CO INC KERR MAUREEN ELIZABETH
19200 SW 46TH AVE 13900 SW 87TH CT
TUALATIN, OR 97062 TIGARD, OR 97224
2S102DC-01100 2S102DD-05900
GOETZ NANCY K KERR MICHAEL JAMES&
8935 SW EDGEWOOD ST JEAN ELIZABETH
TIGARD,OR 97223 9354 SW FAST PL
TIGARD,OR 97223
2S102DC-01305 2S102DD-01300
HARRIS RICHARD G&CAROL 0 KRAEMER JIJLIA A 8 MARK W
8930 5W EDGEWOOD ST PO BOX 80665
TIGARD, OR 97223 PORTLAND,OR 97280
2S 102DC-00800 2S t 02DD-90122
LALLY DONALD P&BRENDA J RAIL EMILY
8870 SW O'MARA ST 13712 SW HALL BIVD#2
TIGARD, OR 97223 TIGARD,OR 97223
2S102DD-01604 2S102DD-05700
LASNIEWSKI WILLIAM L AND REUTHER DEBBIE
TERESA A 11900 SW JAMES CT
8860 SW EDGEWOOD TIGARD,OR 97223
TIGARD, OR 97223
2S102DC-01301 2S102DC-01000
LEHR RONALD D 8 DONA K RUSSELL NORMAN L
8935 SW MCDONALD 8857 5W EDGEWOOD ST
TIGARD, OR 97224 TIGARD,OR 97223
2S102DC-01304 2S102DD-00801
MABRAY LARRY G RUSSELL SCOTT A&MADELYN L
8890 SW EDGEWOOD ST 13855 SW HALL BLVD
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-00900 2S102DC-00500
MACLEAN DANIEL M SAIDEEPANE SEE 8 CHANTHA
8855 SW EDGEWOOD ST 9000 SW O'MARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102DD-01501 2S102DD-00400
MCANDREW JOHN W�ANGELA D SOLARES HOMES L L C
8830 SW OMARA ST BY NORRIS BEGGS 8 SIMPSON
TIGARD, OR 97223 LOAN SVC DEPT
121 SW MORRISON#200
PORTLAND,OR 97204
2S102DD-00903 2S102DD-90261
MCELEVEY MICHAEL J STENSON RICHARD
8880 SW EDGEWOOD ST 13706 SW HALL BLVD STE 5
TIGARD, OR 97223 TIGARD, OR 97224
2S102DC-01402 2S102DD-90t52
MILLER DANIEL W 8 KRISTIN D STEPHENS MARY C
17656 MARDEE AVE 13712 SW HALL BLVD#5
LAKE OSWEGO, OR 97035 TIGARD,OR 97223
2S102DB-00603 2St 02DD-01 100
OTTING LOIS E TANAKA TORU 8 FUSAE
8885 SW O'MARA ST PO BOX 19403
TIGARD, OR 97223 PORTLAND,OR 97280
2S102DD-90211 2S102DD-01602
PHIFER MARK UCHRISTINE M TOKUDA KAZUHIDE AND
22020 SW COLE CT CAROL LYN
TUALATIN, OR 97062 8870 SW EDGEWOOD ST
TIGARD,OR 97223
2S102DC-01401
UNDERHILL MARK R 8
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TiGARD, OR 97223
2S102DD-05600
US BANK NATIONAL ASSN TR
3476 STATESVIEW BLVD
FT MILLS, SC 29715
2S102DC-00504
WILSON JOHN G 8 JODY K&
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD, OR 97223
2S102DD-06000
ZEHNDER SHANE W&HEATHER A
13910 SW 87TH CT
TIGARD, OR 97224
Josh Thomas Susan Beilke
10395 SW Bonanza 11755 SW 114'h Place
Tigard, OR 97224 Tigard, OR 97223
Gretchen Buehner David Walsh
13249 SW 136th Place 10236 SW Stuart Court
Tigard, OR 97224 Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
UTY OF TIGARD - ((IIITH INTFRF�TFfI PARTIF( loo I �f Il li•lrurnln\catiinllaholcl(�IT Cnirth rinrl I IPfI�TFfI� d_�A���_(17
.
•. V
AFFIDAVIT �F MAILING -
�
I, Patricia L. Lunsford bein�first duly sworn/affirn�, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'iga ,Washington County,Oregon and that I served the following:
�c�„�k;y,�nti.a,u��„x�,l nrG�.,}
❑X NOTTC� OF DEQSION FOR
MLP2008-00002/FIFTH AVENLJE INVES'T1vIENTS LLC PARTTTTON
(File 1vi./Namr Retrrcnre)
� A11�NDEDNOTIl�
� City of Tigard Planning Director
A copy of the said notice being hereto attached,marked E�chibit"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 byreference made a part hereof,on
Ma�6,2008, and deposited in the United States Mail on Ma�6,2008,postage prepaid.
_ . ` �
�l
(Peison t P are otic
STATE OF OREGON
County of Washington ss.
City of Tigard
�
Subscribed and sworn/affitmed before me on the 1� dayof �1�'� ,2008.
o�cia.s�x
8NIRLEY 1.TREAT �
NOTMY PUBLIC-OREQON
�� COMMISSION NO.416777
MY COMMISSION EXPIRES APRIL 25,2011 N ARY PUB .I �OF OREGON
MyConunissionExpires: `Fl�l(
.
" RE-ISSUED NOTICE"
.,
NOTICE OF TYPE II DECISION :
MINOR LAND PARTITION (MLP) 2008-00002
FIFTH AVENUE INVESTMENTS LLC PARTITION
THIS DECISION HAS BEEN RE-ISSLTED DLJE TO INCORRECT DATES OF ISSUANCE AND
APPEAL DATES IN THE PREVIOUS NOTICE. THE NEW DATES IN THIS NOTICE REFLECT
THE ACCURATE DATE OF ISSUANCE AND THE APPEAL PERIOD HAS BEEN EXTENDED
ACCORDINGLY.
120 D YS =7 2 2008
SECTION I. APPLICATION SLT�vIMARY
FILE NAME: FIFTH AVENUE INVESTEMENTS LLC PARTITION
CASE NO: Minor Land Partition(MLP) MLP2008-00002
PROPOSAL: The applicant is requesting approval to partition a..61-acre site into three (3) parcels. The
existing dwelling on the subject site will be removed. Parcels of 8,604 square feet, 8,784 square
feet and 8,544 square feet are proposed with access off of SW Edgewood Street.
APPLICANT/ Fifth Avenue Investments,LLC APPLICANT'S Harris-McMonagle Associates,Inc.
OWNER Attn:Robert and Diana Hoober REP: Atu1: Steve Bloomquist
P.O.Box 1637 12555 SW Hall Boulevard
Tualatin,OR 97062 T�igard,OR 97223
ZONING
DESIGNATION: R 4.5: Low DensityResidential District. The R 4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minirnum lot size
of 7,500 square feet. Duplexes and attached single-family units are pern�itted conditionally.
Some civic and institutional uses are also pemlitted conditionally.
LOCATION: 8876 SW Edgewood Street;Washington CountyTax Map 2S102DD,Tax Lot 01600.
APPLICABLE
REVIEW
CRITERIA: CommunityDevelopment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land
Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation);
18.715 (Density Computations); 18.725 (Envirorunental Perforn�ance Standards); 18.730
(Exceptions to Development Standards); 18.745 (Landscaping and Screenin�}; 18.765 (Off-
Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual C�earance
Areas); and 18.810 (Street and UtilityImprovement Standards).
SECTION II. DECISION
Notice is hereby�iven that the City of T'i�ard Communiry Development Director's desi�nee has APPROVED the
above request subject to certain conditions. The findin�s and conclusions on which the decision is based are noted in
Section V.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLIE INVESTMENPS LLC PARTITTON PAGE 1 OF 23
.
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s prepare a cover etter an su mit it, a ong wi any supporting 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:
1. Prior to final plat, the applicant shall submit a revised mitigation plan reflecting the proposed 20 percent tree
retention. In addiuon, applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent
value of mitig ation re� qwred. Anytrees successfullyplanted on or off-site,in accordance with an a�proved Tree
Mitigation Pl2n and TDC 18J90.060.D,will be credited against the assurance two years after all o the trees are
�lanted per the approved Tree Mitigation Plan. The Tree Miugauon Plan shall include a signature of a�pproval
rom the project arborist and be due for review and ap proval pnor to tree planting or the �ssuance of 6uilding
pernuts, wluchever is first. The mitigation proposal shall show the species, location, and spacing of mitigation
trees ui relation to buildings, infrastructure, ex�sting trees, street trees, and each other. After the plan is
a�proved and the trees are planted,thep roject arbonst shall subiiut a letter to the CityArborist to certifythat all
o the miugation trees were properly plaanted per the approved Tree Mitigation Plan ui order to set the starting
point of the two year tree establishment penod. After the two year establishment period, the applicant shall
provide a re-inventory of the mitigation trees conducted by a cert�fied arborist in order to document mingation
tree survroal, and compliance with the approved Tree Mitigation Plan. The remaming value of caliper inches
not successfullymitigated shall be paid as a fee in-l�eu of planting from the original cash assurance.
2. Prior to final plat approval the applicant shall submit a tree and landsca e protection plan that clearly
identifies existuig trees and major vegetauon to remain (both on and off-site�, and the methods that will be
used to protect them. The tree and landscape protection plan should include a signature of approval from
the pro�ect arborist.
3. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City
Arborist's comments on tree species, locauon, and spacing and include a note on the plans to the effect that
slight variations in placement may be required due to driveways,ut�ues,etc., but every attempt will be made to
keep the same net number of street trees that are shown on the plans.
4. Prior to final plat approval, the applicant shall submit a landscape plan showing a screen along the northern
property line uz accordance with Secaon 18.745.050.
5. Prior to final plat approval, the applicant shall submit satisfactory legal evidence demonstrating the joint access
use of the proposed access easement across Lot# 1 for the benefit ot Lots #2 and#3.
6. The applicant shall submit a revised preliminaryplat showing the visual clearance areas as deternzined in Section
18.795.040, where the area is described as a tnangle 30-feet deep along the centerline of the access way and 30
feet each side of the centerline along the right-of-wayline.
The applicant shall prepare a cover letter and submit it, along with any supportin documents and/or plans
that address the }ollowin requirements to the ENGINEERING DEP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
7. Prior to commencing onsite improvements, a Public Facility Improvement (PFI�pernzit is required for this
project to cover the pedestrian connection, utility connecuons and any other wor in the public right-of-way.
Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineenn Department.
NOTE: these plans are in addition to any drawuigs re qu�ired by the Building Division and sho�d orily include
sheets relevant to public improvements. I'ublic Facility Improvement (PFI) pernu't plans shall conform io Ciry
of Tigard Public Improvement Design Standards, which are available at Ctty HaIl and the Cit�s web page
(www.tigard-or.gov�.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMEN'I'S LLC PARTI110N PAGE 2 OF 23
� 8. The PFI pernut plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate enuty who will be designated as the "Perrruttee", and who wiIl provide the financial
assurance for the public improvements. For exarnple, specify if the entiry�s a co oration, luiuted partnership,
LLC, etc. Also spec�fy the state v�nthui which the entiry is ulcorporated and prov�e the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineering Department will delay processing
of project documents.
9. 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.
10. The CityEngineer maydetermine the necessityfor,and re uire submittal and approval of,a construction access
and parkulg plan for the home building phase. If the C.�ty�ngineer deems such a plan necessary,the applicant
shall provide the plan prior to issuance o} building per�ruts.
1 L The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement pern�it, indicating that they will construct the tollowu�g frontage unprovements along SW
Edgewood Street as a part of this project:
A. street trees in the future planter strip area spaced per TDC reguirements;
B. streetlight layout by applicant's engu�eer,to be approved by Caty Engineer, and
G driveway apron(if appIicable).
12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Faciliry
Improvement perrrut indicating that they will constnict a 5 foot wide concrete sidewalk along their north
property line from SW Edgewood Street to the paved surface of SW Regina Lane including a stau-way to
accommodate the grade ch�a�ng e at the property line. The plans shall aLso include pec�estnan path signs at SW
Edgewood Street and SW Hall Boulevard.
13. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineerin�.
14. Prior to final plat approval, the applicant shall provide a public pedestrian path easement along their north
property line to accommodate a 5 foot wide concrete pedestrian pafh.
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW Edgewood Street adjacent to the subject properry, when any of the following events
occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a
I.ocal Improvement D�strict,
B. when the unprovements are part of a larger project to be financed or paid for in whole or in part by the
Ciry or other public agency,
G when the unprovements are part of a larger project to be constructed by a third party and involves the
sharing of design and/or constntction expenses by the third party owner(s) of property in addition to
the subject property,or
D. when construcuon of the improvements is deemed to be appropriate by the Caty Engineer in
conjunction with construction of unprovements by others adjacent to the subject site.
16. Lots 1-3 shall not be pern�itted to access directly onto SW Regina Lane. The applicant shall cause a statement
to be placed on the final plat to prohibit access to SW Regina Lane from Lots 1 -3.
17. The applicant shall cause a statement to be �placed on the final plat to indicate that the proposed shared
driveway will be�ointly owned and maintained by the private property owners who abut and take access f rom it.
18. The app licant's engineer shall submit a sight distance diagram for the proposed shared access on SW Edgewood
Street tor review and approval prior to final plat approval.
19. An erosion control plan shall be �rovided as part of the Public Faciliry Improvement (PFI)�pernut drawings.
The plan shall conform to the Erosion Prevention and Sediment Control Design and I'laruung Manual,
Febniary 2003 edition."
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'IvIENTS LLC PARTTTTON PAGE 3 OF 23
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global
positiorung system(CJPS) geodetic control network(GC 22) as recorded in Washington Counry survey records.
These monuments shall be on the same line and shall be of the same prec�sion as required for the subdivision
plat boundary. Along with the coordinates, the plat shall contam 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 traveise using conventional surveyu�g methods.
21. Final Plat Application Submission Requirements:
A. Submit for City review four (4) pa�per copies of the final plat prepared by a land surveyor licensed to
practice in Oregon,and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact Platuung/Engineering Pern�it
Technicians,at (503 639-4171,ext.2421).
C. The final plat and ata or narrative shall be drawn to the inuumum standards set forth bythe Oregon
Revised Statutes (ORS 92.05) Washington County, and bythe City of Tigard.
D. The right-of-way dedication for SW Edgewood Street,providuig Z7 feet from centerline,shall be made
on the f inal plat.
E. NOTE: Washin on County will not begin their review of the final plat until they receive notice from
the Engineering �epartment uldicating that the City has reviewed the final plat and submitted
comments to the appIicant's surveyor.
F. After the City and C:ounty have reviewed the final plat,submit one my1ar copy of the final plat for City
Engineer si,gnature (for partitions), or City Engineer and Community I�evelopment Director signatures
(for subdiv�sions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
e app icant s prepare a cover etter an su mit it, a ong wi any supportin ocuments an or p ans
that address the tollowing re�quirements to the CLJRRENT 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:
22. Prior to any site work, the applicant shall ensure all proposed tree protection fencin�g is installed and inspected
bythe CityForester.Fencuig shall remaui in place through the duration of home building. After approval from
the City Forester,the tree protection measures may be removed.
23. 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 fencing as directed bythe
pro�ect arbonst to protect the trees to be retained. The applicant shall allow access by the C�itX Arborist f or the
purpose of monitoring and u7spection of the tree protection to verify that the tree protection measures are
performing adequately. Failure to follow the plan, or mau�tain tree protection fencuig in the designated
locations shall be grounds for unmediate 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 empIoyed and the likely impacts to the trees. The proposaI shall be
reviewed and approved by the Csty Arborist bef ore proposed work can proceed within a tree protection zone.
The City Arbonst may reqwre changes prior to approval. The project arbonst shall be on site while work is
occurrulg withui the tree protection zone and submit a sLU7unary report cert�fying that the work occurred per
the prop�osal and will not significantly impact the health and/or stabihty of the trees. T�us note shall be included
on the Tree Protection Plan.
NOTTC�OF DEQSION NILI'2008-00002/FITH AVENLIE INVES'IMENTS LLC PAR'ITTTON PAGE 4 OF 23
, 24. 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
activrties from uutial tree protection zone ('I'PZ) fencing installation through the building construction phase.
The reports shall evaluate the condition and location ot the tree protection fencuig, deternzine if any changes
occurred to the TPZ, and if any part of the Tree Protecuon Plan has been violated. If the amount of TPZ was
reduced then the Project Arbonst shall certify that the construction activities did not adversely unpact the
overall, �ong-term health and stability of the tree(s). If the reports are not submitted to the Ciry Arbonst at the
scheduled uztervals, 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 until an irispection can be done by the
Caty Arborist and the Project Arbonst.
25. Prior to issuance of building permirs, the applicant or builder shall submit site plan drawin s indicating the
locations of trees that were presexved on the lot during site development. In addition, the P�ans shall include
accurate locations of tree canopy driplines and protection fencing,and a s nature of a�pproval from the project
arborist regarding the placement and construction techruques to be emp�oyed in buiIding the structures. All
proposed protecuon fenculg shall be ir�stalled and inspected pnor to commenculg construcuon. The fencing
sha[1 remaui ui place through the duration of all of the building construcnon phases, until the Certificate o}
Occupancy has been approved.
26. Prior to building permits,the applicant shall demonstrate the building height for Lots #2 and#3 are consistent
with Section 18.730.020.C.
27. At the time of submittal for building pern�its for individual homes within the development,the developer shall
submit site plans demonstrating that one (1) off-street parking space, which meets m�n�rr�um dimensional and
setback requirements as specified in Cl�apter 18.765 willbe provided on-site for each new home.
The a plicant shall pre are a cover letter and submit it, alon with any su ortin documents and/or plans
that address the }ollowing requirements to the ENG�EERING �EP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall cleady identify where in the submittal the
required information is found:
28. Prior to issuance of building perniits,the applicant shall provide the Engineering Division with a paper copy of
the recorded final plat.
29. Prior to issuance of btulding perniits�he �pplicant shall provide the Cit�wich as-built drawings of the public
im�provements as follows: 1) 3 mil m ar 2 a diskette of the as-builts in`DWG" forn�at,if available;otheranse
"I7XF" will be acceptable,and 3) the as-�uilt drawing s shall be tied to the City's GPS network The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,
water valves hydrants and other water system features) in the development, and their respective X and Y State
Plane Coorc�inates,referenced to NAD 83 (91).
30. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the
addresses that are served by the given dnveway or street.
31. The ap licant shall either place the existing overhead utility lines along�SW Edgewood Street underground as a
�art o�this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the
rontage of the site that is parallel to the util�ry lines and will be $35.00 per lineal foot. If the fee option �s
chosen,the amount will be$3,990.00 and it shaIl be paid prior to�ssuance of bwlciuig pernuts.
32. During issuance of the building pernlit for Parcels 2 and 3,the applicant shall pay the standard water qualiry and
water quantityfees per lot (fee amounts will be the latest approvea byC�ws).
PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app icant s prepare a cover etter an su mit it, a ong wi any supporting ocuments an or p ans
that address the tollowing requirements 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 inforniation is found:
33. 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.
NOTTC�OF DEQSION MLI'2008-00002/FITHAVENLIE INVESTMENTS LLCPARTITION PAGE 5 OF 23
Tree protection measures may be removed and final ir�spection authorized upon review and approval by the
City Arborist.
34. Prior to final inspecuon, the applicant shall submit a letter to the Ciry from Tualatin Valley Fire & Rescue
(7'VF&R) demonstrating that the e�sting fire hydrant is capable of providing the necessary fire flow demand.
35. Prior to final inspection for each lot, the a�plicant/owner shall record a deed restrictions for each lot to the
effect that any e�st�ng tree greater than 6 diameter may be removed only if the tree dies or is hazardous
according to a cert�fied arbonst. 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.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECI'IVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
SECTI�N III. BACKGROUND INFORMATION
Pro�erty Histor�
The sub�ect site consists of a single lot located within the City of Tigard. The property is designated Low Density
Residential on the Tigard Comprehensive Plan Map. The sub�ect lot was developed with a suigle-fanuly dwelling in
1966.No land use approvals were found on file.
Site Inforn�ation and Pro osal Descri tion
The su ject parce is appr�o�i�atey 0 eet northwest of Pinebrook Cxeek, a tributary of Fanno Creek, and 1,000 feet
west of Fanno Creek The parcel is surrounded by land zoned R 4.5. The applicant is requesting a Minor Land
Partition to partition the sub�ect .61-acre site into three (3) parcels for detached suigle-family residences. There is an
existing singIe-farrvlydwelling on the subject site which is proposed to be removed.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subJ'ect site providing them an opportuniry to
comment. One written comment was received from William and Teresa Lasniewski who live north of and adjacent to
the subject site at 8860 SW Edgewood Street:
While we are not pleased with the increased density to the quiet community that was once eri o d on
ws
the short Edgewood Street,we are fully aware that the metropolitan area includu�g the City of �ard is
�ressing for.these developments. If it must become a reality, please at a mirnm� COrlslder the
ollowulg points when designing the configuration that will be approved.
Point 1: T'igard promotes itself as a city of trees with many scheduled planting efforts coordinated
over the past few years or more. As such it would be exp ected that the large healthy
redwood that is very close to the street were not removed. Contractors often look at such
trees as a source of profit and will inake any excuse to show cause for removal. If they
would take the approach of Frank Lloyd Wrig ht and confi�u�-e the building around the
natural surroundings both the trees and the buiIdings themselves would improve the v�sual
appeal of the commuruty uistead of the ugly appearance of pill box houses squeezed ne�to
each other.
Point 2: A number of years ago a propo�sal was made to nuz a street from Hall to Edgewood
through the property on th�s MLI' request. The signatures collected at that tune agauist the
proposal are on record and the alternative plan roposed by the citizens should be retained
as the peiYnanent plan. That suggestion �s st� valid and the pomts agaulst the through
street are also still valid. In addition,such a road would create undesirable traffic ne�to the
existing residence unmediately to the,north of this property. The access road to the
additional houses would then be positioned in such a n�er to not disturb the tree
mentioned above nor create undesirable traffic volume.
NOTTC�OF DEQSION MLI'2008-00002/FITHAVENUE INVESTMEN'I5 LLCPARTITION PAGE 6 OF 23
RESPONSE: The applicant proposes to retain the Giant Sequoia on proposed L.ot# 1.
The City has recently develo ed SW Wall Street in association with the City Library. The street spacing
standards applicable to SW� require closure of driveways and other access when possible, if the d�stance
between accesses is less than 600 feet. At some point in the future, SW Wall S'treet will continue through the
intersection with SW Hall when the adjacent properties develop at which time Re�ina Lane will be closed to
Hall and alternative access to the two existing homes will be provided. As a resuCt, only access to proposed
lots #2 and #3 created with this minor land partition will impact the property to the north. The proposed
access would not impact the existing Giant Sequoia.
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
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 coinp l�y with all statutory and ord'uiance requirements and
regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of
conditions of development ap�roval. 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 publ�c facilities are available 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 TO (Street &Utility Improvement Standards). Improvements will be reviewed as part of the pernut process and
during construction, at wluch tune the appropnate review authoriry will ensure that Caty and applicable agency
standards are met. Based on the analysis uz this dec�sion,Staff finds that this cntenon 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
district
The nununum lot width required for the R 4.5 zoning district is 50 feet. Parcels # 1 and 2 are 77 feet in width;parcel
#3 is 73 feet wide. Therefore,this cnterion 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 minim� lot area requirement in the R 4.5 zoning district is 7,500 square feet for detached
single-fainily units. The pr�oposed partiuon creates two lots (not includuig the accesswa� that are 7,552 square feet and
one at 8,604 square feet.Therefore,this cnterion has been met.
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
The proposed partition plat (Sheet 3 of 7) illustrates that the proposed parcels meet this standarci as Parcel# 1 has 114
feet on S�X/Edgewood Street and Parcels #2 and 3 have access from a 16-foot access easement.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'IvtENTS LLC PARTTTTON PAGE 7 OF 23
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 included building envelopes for each parcel demonstratin that the required setbacks
could be met. Setback standards for the proposed lots will be reviewed at the time o�building pemut submittal.
Therefore,this criterion is met.
When the partitioned lot is a flag lot,the developer may deternune 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.
A flag lot is proposed for Parcels #2 and #3. The building envelopes shown on the prel'uninary plan identifies the
north side as the front with 10 foot side yards to the east and west,consistent 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 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 roposed access drive for lots #2 and#3 is shown on the Prelimin Plat (S�heet 3 of 7 as being�located within 10
feet of the adjacent property. The applicant's Gradin Plan shows a reta�g wall along the pro�pertyline (Sheet 4 of 7).
The applicant s narrative proposes a b-foot g�ood nei g�bor fence,consistent with this standard.Therefore,to ensure th�s
condition is met, the applicant shall sub�ut a landscape plan showing a privacy screen along the property line in
accordance with Section I8.745.050.
Thc fire district may mquire the installation of a fire hydrant where the length of an accessway would have a
detrimental effect on fire-fighting capabilities.
The fire district ('TVF&R) has reviewed the proposal and provided the following comment: "The inulunum available
fire flow for sin le family dwellings and duplexes served by a municip al water supp�ly shall be 1,000 gallons per minute.
If the structure s �s (are) 3,600 square feet or larger, the required fire flow shall be deterniined accordng to IFC
A endix B._�I��B105.1 The nearest fu-e h rant as shown on the submitted drawings must be able to provide the
reqpired f ire tlow demand)" �
Therefore, as a condition of approval, the applicant shall submit a leaer to the Ciry from TVF&R demonstrating that
the existing fire hydrant is capable of providing the necessaryfire flowdemand.
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 proposes a shared access to lots #2 and #3. A reciprocal easement to ensure access and mairitenance
recorded with the partition plat has been conditioned in the Access, Egress, and Circulation section of this decision,
consistent with this standard.
Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Cinculation.
Tl�vs standard is addressed under Chapter 18.705 (Access,Egress and Carculation) 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 constcuction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway
plan.
The subject lot is located between elevations 176 and 189 feet and is approximately 900 feet west of the one-hundred-
year floodplain at elevation 141 feet. Therefore,this standard does not apply.
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 forthe partition and variance(s)/adjustrnent(s)
will be processed concurrendy.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVESTMENTS LLC PARTITION PAGE 8 OF 23
. �
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 partiuon
section as indicated in the above findings and required in the following conditions of approval.
CONDITIONS:
. The applicant.shall submit a revised landscape plan showing a screen along the property luie in
accordance wrth Section 18.745.050.
. The applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire
hydrant�s capable of providing the necessaryfire 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 Pareel l Pa�e12 Parcel3
Minimum Lot Size
- Detached unit 7,500 sq.ft. 7,555 sq.ft. 7,555 sq.ft. 9,055 sq.ft.
- Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
- Detached unit lots 50 ft. 77 fc 77 fc. 73 fc.
- Duplex lots 90 ft.
- Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Sctbacks
- Front yard 20 ft Per Per Per
- Side facing street on comer&through lots 15 ft. Bldg. Bldg. Bldg.
- Side yard 5 ft. Permit Pemut Peimit Review
- Rear yatd l5 ft. Review Review
- Side orrearyard abutting more restrictive zoning district --
- Distance between property line and front of garage 20 ft
-Side Ya�i Setbacks for Fla Lots TDC 18.420.050 A 4 e 10 ft.
Maacimum Hei ht 30 ft 30 ft. 30 ft. 30 ft.
Minimum Landsca e Re uirement - NA NA NA
FINDING: The proposed lots meet the applicable development standards for the R 4.5 zone. Two fla lots are
proposed for Lots #2 and #3. These lots will be subject to the Building Heights and �ag Lou
standards (18.730.020.C�, which are addressed below in the Exceptions to Development Standards
section of this dec�sion. No specific development is proposed at this time. The building envelopes
shown on the Pre Plat (Sheet 3 of 7� indicate the development standards can be met. Kny
proposed developme�nt o�f the subject lots will be reviewed for consistency at the time of building
pemut application.
Access, Egress and Ci�ulation(18.705):
Continuing obligation of propeity 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 develop ment proposals
which verifies design of driveways and streets are safe by meeting adequate stackin�g needs, sight distance
and deceleration standarcis as set by ODOT, Washington County,the City and AASHTO.
NOTIC�,OF DEQSION MLI'2008-00002/FITH AVENUE INVES7'MENTS LLC PARTITION PAGE 9 OF 23
A preliminary sight distance certif ication f or the shared driveway was submitted by Harris-McMonagle Associates dated
Febniary 20, 2008. The speed limit on a local street is 25 mph, requirulg a mm�mum sight distance of 250 feet in each
direction.
The proposed access is shown located 140 feet north of the 90 degree turn on SW Edgewood Street. The engineer
states that the sight distance from the proposed access point was measured to be 250 feet in both directions. Because
of the geometry of the road to the south the applicant's engineer shall submit a diagram to show how sight distance of
250 feet can be achieved. Thi.s shall be submitted pnor to�ssuance of building pernuts.
All driveways are shown to access SW Edgewood Street. No vehicular access will be allowed to SW Regina Lane.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of
collector or arterial street intersections. Influence area of intersections is that area where gueues of traffic
commonly form on ap�proach to an intersection. The minimum driveway setback from a coIIector or arterial
street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat
of the pro osed driveway. The setback may be greater dependin upon the influence area, as determined
from C-ity�ngineer review of a traffic impact report submitted by�e applicant's traffic engineer. In a case
where a project has less than 150 feet of street frontage, the apphcant must explore any op tion for shared
access with the adjacent par�el. If shared access is not possible or practical, the driveway sFiall be placed as
far from the intersect�on as possible.
SW Edgewood Street is classified as a Neighborhood Route,which is a local street. Therefore, this criterion does not
apply.
Section 18.705.030.H.3 and 4 states that the minimum spacin of driveways and streets along a collector shall
be 200 fcet The minimum s acin�of drivewa�ys and streets a�on an artenal shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 feet g
The applicant is proposing a single driveway and a shared driveway on Edgewood,a local street. This criterion is met.
Joint Access. Owners of two or more uses, structures, or pancels of land may agree to utilize joindy the same
access and egress when the combined access and egress of both uses, structures, orp arrels of land satisfies
the combined requirements as desi nated in this tide, provided: Satisfactory legal evidence shall be presented
in the form of deeds, easements,�eases or contracts to establish the joint use; and copies of the deeds,
easements,leases or contracts are placed on permanent file with the City.
Joint access is proposed across lot # 1 for the benefit of lots #2 and #3. The ap plicant proposes a joint access and
inauitenance agreement detailin rights and responsibilities to be recorded with the final paration plat. To ensure this
standard is met the applicant sh�submit sat�sfactorylegal evidence demonstrating the joint access use.
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.
All proposed lots will have direct access onto SW Edgewood Street,consistent with this standard.
Minimum access requireinents 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 Edgewood Street. Comments received from
Tualatuz Valley Fire and Rescue state that there are no conflicts with the proposed access. Therefore, this standard is
met.
Access drives in excess of 150 feet in length shall be provided with app roved provisions forthe turning around
of fire apparatus by one of the followin : a) A circular,paved surface having a minimum turn radius measured
from center point to outside edge of 3�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%.
NCYIICE OF DEQSION MLI'2008-00002/FITH AVENUE INVES'IMENPS LLC PARTITION PAGE 10 OF 23
The len�t h of the access drive to lot #3 is shown on the Prel'uninary Plat as approximately 140 feet. Therefore, this
standard does not apply.
To provide for increased traffic movement on congested streets and to eliminate turning movement
problems, the Director may restrict the location ot 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 Edgewood Street is a local street serving a low density residential ne�'ghborhood. There is no reason to restrict the
location of the proposed driveways.Therefore,this standard does not apply.
FINDING: The standards of the Access Management chapter have not all been satisfied. However, with
the following condition of approval,the standards can be met.
CONDITION: The applicant shall submit satisfactory legal evidence demonstrating the joint access use of the
proposed easement across Lot# 1 for the benefit of Lots#2 and#3.
Density Computations�18J15�:
A. Definition of net development area. Net development area, in acres, shall be deter�nined by
subtractin� 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 purposes;
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 ma�mtun ntunber of residential units. To calculate the ma�cirrium 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�
C. 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 deterniined in Subsect�on B above by 80% (0.8).
The subject .61-acre site totals 26,571 gross square feet. There are no sensitive land areas or private streets within
the subJ'ect proposal: To deterniine the net developable area, the square footage to accommodate Edgewood Street
right-ot-way dedication (7 feet x 114 lineal feet = 798 square feet) is deducted from the gross square footage
(26,571square feet gross - 798 square feet dedication = 25,773 net developable s uare feet). As the minimum lot
size for the R 4.5 zone is 7,500 square feet, the maxirrium number of lots �s three�(25,773 square feet/7,500 square
feet/unit = 3.43 units). The m;n�mum number of lots at 80 percent is two. 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 Lot area as
proposed for lots #2 and #3 are 7,552 and 8,604 square feet respectively, consistent �nth this standard. The
proposed partition creates three (3) separate lots in confornlance with the density requu-ements.
FINDING: Based on the analysis above,the Density Computation Standards have been met.
Environmental Perforrnance Standards �18.725):
Requires that ederal and state environmental laws, rules and regulations be applied to development within
the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration
and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENI'S LLC PARTTTION PAGE 11 OF 23
Visible Emissions. Within the Comme�ial zoning districts and the Industrial Park(I-P) zoning district,there
shall be no use, operation or activity which results in a stack or other point- source ertussion, other than an
emission from space heatin or the emission of pure uncombined water (steam) which is visible from a
�roperiy line. Depa�nent o�Environmental Qualrty(DE� n.iles for visible emissions (340-21-015 and 340-
8-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and ai�raft is pemutted in any
given zoning district which is discernible without instnunents at the property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such qu� a� ntities as to be readily detectable at an
poi lt beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090�
PP Y
Glare and hea� No direct or sky reflected glare, whether from floodli hts or from high tem erature processes
such as combustion or welding, which is visible at the lot line shal�be permitted, and; l�there shall be no
emission or transmission of heat or heated air which is discernible at the lot line of the sour�e; and 2) these
regulations shall not apply to signs or floodlights in parking areas or constiuction equipment at the time of
constn.iction or excavation work otherwise perrrutted by this tide.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a
manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: As this is atypical detached single-farnily project, which is a pernzitted use in the R 4-5 zone, it
is anticipated-that none of the environmental condiuons that have been listed above will be
compromised beyond allowable levels. The above perforn�ance standards are met. These
standards would be subject to code enforcement invesugation if for some reason the above
standards were in question.
Exce tions To Develo ment Standards 18.730 :
ui ing eig ts ag ots 18J3 .020. :
Limitations on the placement of residential structures on fla lots apply when a flag lot is created after
April 15, 1985 by an approved,partition. The maximum heigh� for an atfached or detached single-family,
duplex, or multiple-family residential structure on a fla lot or a lot having sole access from an accessway,
private drive or easement is 1-1/2 stories or 25 feet, w�ichever is less, except that the maximum heigfit
may be 2-1/2 stories or 35 feet,whichever is less, provided:
. The proposed dwelling otherwise complies with the applicable dimensional requirements of the
zonin� dstrict;
. A 10 teet side yard will be preserved;
. 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 lo • and
. Windows 1� 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 mifiigating direct
views, or that such trees exist and will be preserved.
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.�0.030 D.
The tree planting a reement shall be a condition of Chapter 18.360, Site Development Review, for three or
more attached uni� or a multiple-family residential sfructure, or, at the time of issuance of building
pennits, for single detached units, one duplex or two attached residential units.
FINDING: The applicant has shown in the Preluninary Plat (Sheet 3 of 7) that 10-foot sideyards will be
preserved on lot #3, but 5-foot side yards are shown on lot #2. Both lots #2 and #3 are flag
Iots. It appears that dwellings on adjacent properties are more than 50 feet from the building
envelope, as shown on lot #2, but less than 50 feet from lot#3. Therefore, the flag lot height
limitation may apply to pro posed lot#3. However the setbacks must be confirmed at the tune
of building perrrut review. To ensure this standarc� is met, the applicant shall demonstrate the
building height is cons�stent with the Section 18.730.020.C,
NOTIC:E OF DEQSION MI.P2008-00002/FITH AVENCIE INVESTMEN'I`5 LLC PARTITION PAGE 12 OF 23
CONDITTON: Prior to building perniits, the applicant shall demonstrate the building heights and setbacks for
flag lots#2 and#3 are consistent with the Section 18.730.020.G
Landscaping and Screenin 18.745 :
��usting vegetation on a si s e 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"andsca�pe plans (e. ., areas not to be disturfied can be fenced, as in snow fencing
which can be placed around the indvidual trees�.
The applicant plans on retaining a 62" Giant Sequoia on the western portion of the property adjacent to SW Edgewood
Street. The applicant's Grading and Tree Protection Plan (Sheet 4 of 7) shows this tree and property line trees on the
south and east portion of the property The Plan shows tree protection fencing for these trees. To ensure tree
protection is adequate,the applicant sha11 submit a revised plan which includes a signature of approval from the project
arborist.
Street Trees: Section 18.745.040
Section 18.745.040.A: All development projects fronting on a pu�blic stree private street or a private driveway
more than 100 feet in length approved after the adopt�on of flus tide sha�be required to plant street trees in
accorciance with the standards in Section 18.745.040G
The ap p.licant's Tree Miti ation.Plan (Sheet 6 of 7) shows Redbud proposed for the SW Edgewood Street frontage and
MagnoIia grandiflora for�e pnvate drive consistent with this standard. The City Arborist's comments on tree spacing
suggest a note be included on the plans to the effect that slight variations ui'placement may be required due to
dnveways, utilities, etc., but every attempt will be made to keep the same net num6er of street trees that are shown on
che plans.
Buffering and Screening Requirements: Section 18.745.050.5
The prop�osed land partition occurs on a parcel surY-ounded by the same land use designation (R 4.5) as the subject
parcel. _l�herefore, no buffering or screening pursuant to. Section 18.745.050.A is required for the proposed land
partition. However,as conditioned above,privacyscreening�s required pursuant to Section 18.420.050.A.4.f.
FINDING: The landscape and Screening standards have not all been met. However, with conditions of
approval reqw.ring protection of existing vegetation and planting of street trees along SW
Edgewood Street and the proposed access for lots #2 and#3,the cntena can be met.
CONDITTONS:
. The applicant shall submit a revised tree and landscape protection plan that clearly
identi�ies exuting�trees and ma�or vegetation to remain (both on and off-site),,and the
methods that will be used to protect them. The tree and landscape protection plan
should include a signature of approval from the project arborist.
. The applicant shall submit a revised street tree plan consistent with the City Arborist's
comments on tree species, location, and spaculg and include a note on the plans to the
effect that slight vanations ui placement may be required due to driveways, ut�ties, etc.,
but every attempt will be made to keep the same net number of street trees that are
shown on the plans.
Off-Street Parking And LoadinQ ReQUirements (18.765�
This Chapter is applicable or deve opment pro�ects when there is new constiuction, expansion of existing
use, or change of use in acco�lance with Secbon 18.765.070 Minimum and Maxirnum Off-Street Parking
Requirements.
FINDING: The proposed project will create 3 new lots for single-farruly construction. Submittals of detailed
pl�ans for the construction of any home within the development are not necessary at this time.
Table 18.765.2 requires that one (1) off-street�parking space be provided per detached dwelling
unit. There is no rna�mum limit on parking allowed tor detached sin le-family dwelluzgs. There
is aLso no bicy�le parking requ.irement for suigle-family dwellings. S�f notes that there �s a 20-
foot required setback from the face of garages to property luies ul all residential zones. To ensure
that homes constructed in this development comply with these standards, the following condiuon
shall apply:
NOTICE OF DEQSION MLI'2008-00002/FITHAVENUE INVESTMENTS LLCPARTTTION PAGE 13 OF 23
CONDITTON: At the time of submittal for building pernuts for individual homes within the developm� ent, the
developer shall submit materials demonstratuzg that one (-1) off-street parking space which meets
inirumum dunensional and setback reqwrements as speci�ied in Chapter 18.765 will be provided
on-site for each new home.
Tree Removal(18.790):
A tree plan or tTi anting, removal and protection of trees prepared by a certified ar�orist shall be provided
for any lot, pamel or combination of lots or parcels for which a development ap plication for a subdivision
partition, site development review, planned development or conditionai use is filed. Protection is preferre�
over removal wherever possible.
As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified arborist. The Tree Removal
plan inventones the existing trees on the subject site and those proposed for removal (Grading and Tree Preservation
1'lan,Sheet 4 of 7).
The repon indicates that 4 of 5 regu1ated trees (over 12" non-hazardous and non-fruit bearing� will be removed. This
represents 20% retention, not 46.9% as indicated by the applicant. 20% retention requires rrutigation of 100% of the
inches removed. Therefore,the applicant is required to mitigate for all 70 inches removed. As a condition of approval,
the applicant shall submit a rev�sed rrutigation pIan reflecting the proposed 20 percent tree retention.
Finally, since the mitigation proposal is a tree plan requirement, it needs a signature of approval from the project
arbonst certifyu�g that the species and placement of rrutigation trees has been reasonably calculated to provide for their
growth to matunty.
The tree protection detaiLs on Sheet 4 of 7, dated February 29, 2008, lists the height of the,fence as 4' minimum.
However, the Caty requires a nununum height of 5'. Theretore, the applicant shall revise their tree protection fence
detail to show it as 5'ininunum height.
Also, there appears to be some sli ht grading proposed within the tree protection zone in the southeast portion of
the property. I'lease have the app�cant rev�se the plan so there �s no grading withui the tree protecnon zone. This
can not be accomplished by reduculg the size of the tree protection zone without 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
a� pproval for a conditional use, and shall notbe subject to removal under any other section of this chapter.
The propeity owner shall record a deed restriction as a condition of approval of any development pemut
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�fiorist The deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either die or be removed as a hazardous tree. The form of
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. To ensure
these standards are met,the applicant shall satisfythe following conditions of approval:
CONDITTONS:
. Prior to final plat, the applicant shall submit a revised mit�ation plan reflecting the
�roposed 20 percent tree retention. In addition, applicant shaIl subnut a cash assurance
letter of credit or cash deposit) for the equivalent value of mitigation required. Any
trees successfully �planted on or off-site ui accordance v�nth an approved Tree
Mitigation Plan andTDC 18.790.060.D,wil�be credited against the assurance twoyears
after all of the trees are planted per the approved Tree Mitigation Plan. The Tree
Mit ation Plan shall include a signature of approval from the pro�ect arborist and be
due�or review and approval prior to tree planting or the issuance of building pernuts,
whichever is first. The irutigauon proposal shall show the species,location,and spacing
of mit�ation trees in relation to bwlduigs, infrastructure,existing trees, street trees, and
each other. After the plan is approved and the trees are planted, the project arborist
NOTTCE OF DEQSION MLI'2008-00002/FITHAVENLJE INVESTMENPS LLCPARTITION PAGE 14 OF 23
shall submit a letter to the Caty Arborist to certify that all of the mit�ation trees were
properly planted per the ap proved Tree Mitiga-tion Plan in order to set the starting point
of the twoyear tree estab�ishment period. A�ter the two y�ar establishment penod,the
applicant,shall provide a re-inventory of the mitigation trees conducted by a cerufied
arborist u-i order to document rruagation tree survival, and compliance with the
approved Tree Mitigation Plan. The remaining value of caliper inches not successfully
rrntigated shall be paid as a fee in-lieu of planting from the onginal cash assurance.
. The a�plicant shall protect all trees and major vegetation to be retained with five or six
(5' - ) foot high cha.in link fences. Fences are to be mounted on two inch diameter
�alvanized iron posts, dnven into the ground to a depth of at least 2-feet at no more
t an 10-foot spacing. The applicant.shall po�siuon fencul as directed by the pro'ect
arborist to protect the trees to be retauied. The applicant s�all allow access by the �ty
Arborist for the purpose of monitoring and inspecuon of the tree protection to verify
that the tree protecuon measures are perforrrvrig adequately. Failure to follow the plan,
or rnauitain tree protection fencing in the designated locations shall be grounds for
immediate suspension of work on the site unt�l 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 emp loy�d and the likely
unpacts to the trees. The proposal shall be reviewed and approved b�the Caty Arborist
before proposed work can proceed within a tree protection zone. e Ciry Arborist
may reqwre changes prior to approval. The project arbonst shall be on site while work
is occumng within the tree protecuon zone and subirut a swnir�ary report certifying that
the work occurred per the proposal and will not significantly impact the health and/or
stability of the trees. T1vs note shall be included on the Tree Protection Plan.
. Prior to issuance of building pemiits, the applicant or builder shall submit site plan
drawings indicating the locations 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 proJ'ect arbonst
regarduig the placement and construcuon techrugues to be employ�d ui building the
structures. AIl proposed protection fenci�ng�shali be installed and inspected pnor to
commencing construcuon. The fencing shall remain in place through the durauon 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 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 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 Arbonst, at least once every two weeks, as the
Project Arborist morutors the construction activrties from initial tree� protecuon zone
('IT'Z) fenc�ng installation through the building construction hases. The reports shall
evaluate the condition and location of the tree rotection �encingi deternune if 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 City 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 City can stop work on the
project unt�l an inspect�on can be done bythe CityArborist and the Project Arborist.
NOTIC�OF DEQSION MLI'200&00002/FITH AVENLJE INVES'I2v�.N'I5 LLC PARTITION PAGE 15 OF 23
. Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any e�sting tree greater than 6" diameter may be
removed onlyif the tree dies or is hazardous accord�ng to a cerufied 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 (18.795�
This Chapter requires t a clear vision area shall be maintained on the corners of all property adjacent to
intersect�ng 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 permanent obstiuction
exceeding three �3) feet in heig�t ,I'he coc�e provrdes that obstiuctions that may be located in this area shall
be visualiy clear etween 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 formed by
measuring from the corner, 30-teet along the right-of way and along the driveway and connecting these two
points with a straight line.
FINDING: The applicant's Prelunuiary Partition P1an�Sheet 3/7) shows a vision clearance area for the
proposed access to Parcels #2 and #3. owever, the triangle area is inconsistent with this
standard. Therefore, with the following condition of approval the proposed partition can meet
the standard.
CONDITION: The applicant shall submit a revised preliminary plat showing the visual clearance areas as
detern�uzed in Section 18.795.040, where the area is descnbed as a triangl�e 30-feet deep along
the centerline of the access way and 30-feet each side of the centerline along the right-of-way
line.
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:'
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 improveinents 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 dedicat�on, or�provide
evidence that suppocts that the real roperty dedicat�on is not roughly proportional to the projected impacts
of the develo men� Section 18.390.�40 states that when a condition of ap roval reyuires tlie transfer to the
public of an interest in real properiy,the approval authority shall adopt findings whicFi support the conclusion
that the interest in real prope�ty 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 Ed ewood Street is currently unimproved. In order to mitigate the
imp act trom this development,the ap plicant will provi�e a future improvement guarantee for unprovements to the SW
Edgewood Street frontage. The app&cant w�ll be extending sanitary sewer and storm drainage connections to the three
proposed lots 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
unp acts to public facilities are offset by t�he collection of Systems Development Charges (SDC's) collected at the time of
building perniit�ssuance. Therefore,this standard can be satisfied through meeting the conditions of approval required
in this decision.
The TTF will be paid at the time of building perniits and is a miti�ation measure required for new development. Based
on Washington Countyfigures TTF's are ex�pected to recapture 2 ercent of the traffic imp act of newdevelo ment on
the Collector and Arterial Street system. The TIF for the proposed development is $6,D40 (2 new dwelling units x
$3,020/per dwelling unit).
NOTICE OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMENTS LLC PARTITION PAGE 16 OF 23
Based on the estimate that TTF fees cover 20% of the impact on major street improvements citywide, a fee that would
cover 100% of this proJ�ect's traffic imp act is $30,200 ($6,040 =0.20). The difference between the TIF paid and the full
impact is considered the tuuYUt� ated impact on the street system, The iuu�utigated impact of this project on the
transportation system is $24,160�$30,200 - $6,040). The applicant will be required to rrutigate some impacts as shown
below:
Miti�ated Costs (Estimate)
D�ec icate�Ac �it�ion�t=of-Way($3/sf x 798 sf�... ... ... ... ... ... ... .... $2,394
Sidewalk Im�rovements �S20/lf x 500 ... ... ... ... ... ... ... . 10,000
..... ... .....
Tot�te�.. ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... .$12,394
Rou h Pro ortionali
F �in�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... $30,020
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .$6,040
Less Miti�ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......_ 12,394
Estimate V ue o Unmitigated Impacts $11,586
Based on this analysis, the mitigated costs do not exceed the estimated value of the unpacts. Therefore, the required
improvements meet the rough proportionality test.
PUBLIC FACILITY CONCERNS
Street And Utility Im rovements Standards�Section 18.810 :
Chapter 18.810 provi�es construction standards or the implementation of public and private facilities and
utilities such as streets, sewers,and drainage. The applicable standarcis are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A2 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 TDG
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot
ri�ht-of-way width and 32-foot paved section. Other improvements rec�uired may include on-street parking,
si ewalks and bikeways,underground utilities,street lighting,storm drainage,and street trees.
This site lies adjacent to SW Edgewood Street which is classified as a local street on the City of Tigard Transportation
Plan Ma . At pr_esent, there is appro�mate� 20 feet of ROW from centerline, according to the most recent t�
assessor'Pmap. The applicant should dedicate ihe additional ROW required to provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this development, the
applicant should enter into a future street unprovement agreement.
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 e�ustin and proposed future streets 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
bamcade sha�l 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 suc1� time as tlie
adjoining property is developed. A barricade shall be constiucted 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 street construction cost Tein orary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess o�150 feet in length.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have lirruted ingress/egress with future development. Therefore,this development is not required
to provide a future street e�ctension.
NOTI(�OF DEQSION MLI'2008-00002/FITHAVENLIE INVESTMEN'IS LLCPARTTTTON PAGE 170F 23
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have seg ments
with grades up to 15% for distances of no greater than 250 feet). Centeriine radii of curves shaII be as
determined by the City Engineer.
The grade along the SW Edgewood Street frontage does not exceed 12%, and no new streets are proposed. Therefore,
this criterion is met.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be e�ctended within t�ie site to provide through ci�ulation when not precluded by
environmental or topographical constraints, e�usting development pattems or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign, or
reconfi�ure the street pattern to�rovide required extensions. Land is considered topographically constrained
if the slope is greater than 15/o for a distance of 250 feet or more. In the case of environmental or
topograplucal 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.
The project site abuts SW Regina Lane to the east. However, SW Regina Lane is not intended to be a through street
and may be closed or have limited ingress/egress with future development due to limited access on Hall Boulevard, an
artenal. Therefore,this development�s not requu-ed to provide a future street extension.
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 traffic and recognition of limitations and
oppottunities 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, limited access highways,major collectors or railroads.
. For non-residential blocks in which internal public circulation provrdes equivalent access.
The subject site is located within a block bounded by SW Hall Blvd: an arterial, SW Edgewood Street, SW 01VIara
Street, and SW McDonald Street, a collector. This block perimeter �s approxunat�e�ly 9,000 feet in length. The City
anticipates future connections to SW Ed ewood Street on SW 93`�Avenue and SW Wall Street,which would shrink the
penmeter to approxirr�ate�ly 5,800 lineal�eet. Pine Brook Creek precludes through streets from SW E��dgewood to SW
McDonald and 5W Hall. The City access standard for collectors precludes additional access onto SW Hall at SW Regina
Lane. No new streets are being created with this partition.
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 notpossible. Spacing between connections shali be no
more than 330 feet, exce�t where precluded by envrronmental or topographical constraints, e�sting
development patterns,or stnct adherence to other standards in the code.
As shown above, even though the existing block perimeter si nificandy exceeds the maxiinluri, a through street at SW
Regina Lane would not be allowed as it is approxunately 200�eet from the SW Hall and Wall intersection. Pursuant to
Section 18JOS.I�3,600 feet s acing is re uu-ed between accesses on SW Hall. However,SW Regina Lane is a narro_w�ly
paved public ri ht-of-way th a could su port the ali�nment of a bicy�le and pedestrian connection between SW Hall
Boulevard and�W Edgewood Street. �herefore, e applicant shall submit a rev�sed preliminary plat that shows a
bicy�le and pedestrian connection on a public easement on the subject property from SW Edgewood Street to the
eastern property boundary, as required in Condition# 14.
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 par�cel is less than 1.5 times the minimum lot size of the applicable zoning district
All proposed lots are less than 1.5 times the m;n;m lot size and are therefore,exempt from this standard.
NOTI(�OF DEQSION MLI'2008-00002/FITHAVENiJE INVESTMENTS LLCPARTITION PAGE 18 OF 23
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.OSO.A.4.c ap lies, which requires a pancel to
either have a minimum 15-foot frontage or a mimmum 15-foot wide reco�ed access easemen� In cases
where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet
The proposed development is a minor land partition.Lot# 1 has 114 feet of frontage on SW Edgewood Street.Lots #2
and#3 will gaui access from a proposed access easement across lot# 1,cons�tent with th�s standard.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans show a future sidewalk along their SW Edgewood Street frontage and the narrative requests they
be allowed to enter into a future street unprovement agreement for half-street improvements. The future street
improvement agreement for SW Edgewood frontage will include the sidewalk and planter strip.
The applicant will be requ.ired to construct a 5 foot wide concrete sidewalk, in a public easement, along their north
property luie in order to provide a pedestrian connection between the SW Edgewood neighborhood and SW Hall
Boulevard. The applicant will be reqwred to construct a stau-way to accommodate the grade change at the east property
line to Regina Lane. Su1ce Regina Lane, a public ROW serves only two homes and crosses Pinebrook Creek,the lane
itself can serve to accommodate the pedestrian traffic �rom the stairway to Hall Boulevan�i without construction of a
concrete sidewalk and thereby avoid unpacts to the creek from a widened access unprovement. Tlvs meets the Block
Size standards of 18.810.040 when a street connecuon is not possible and also provides a direct,safe pedestrian route to
transit facilities and Neighborhood ActivityCenters (the Tigard Public Library).
The applicant shall install pedestrian path signage at Hall Boulevard and Edgewood Street.
Sanitaiy Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to e�sting 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 revrsions or amendments) and the adopted pohcies 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�sting sanitary sewer line, in SW Edgewood Street and also in SW Regina Lane. The applicant's plans
show that Parcel 1 �s served by an existui lateral to the sewer line in SW Edgewood 5treet. The applicant proposes to
serve parcels 2 and 3 from a sewer inanho�e at the south east corner of the property.
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 culvert or other draina e facility
shall be lar�e enough fo accommodate potential runoff from its entire upstream drainage area, whe�er inside
or outside fhe deve�Iopmen� The City Engineer shall approve the necessa�ry size of the facility based on the
pro� visions of Design and Construction Standards for Samtary and Surface Water Management�as adopted by
C;lean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainageways 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 resultin from the development will ovedoad an existing draina e facility, the
Director and Engineer shall wi�old approval of the development until provisions have �een made for
improvement of the potential,condition or until provisions have been made for storage of additional runoff
caused b��y the development in accox�dance with the Design and Construction Standa�s for Sanita,ry and
Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or
ainendments).
NOTIC�OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'MEN"I5 LLC PARTTTTON PAGE 19 OF 23
In 1997, C1ean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a
stormwater detention/effective imp ervious area reduction prog ram resulting ul no net uicrease u1 storm peak flows up
to the 25-year event.. The City will require that all new developments resulting in an ulcrease of unpervious surfaces
provide onsite detention facilities,unless the develo�pment is located adjacent to Fanno Creek For those developments
adjacent to Fanno Creek,the storm water runoff wiIl be pernutted to d�scharge without detention.
This development is adjacent to Pinebrook Creek For a development of this size, a minor land partition, detention is
not required. However,a fee-uZ-heu of providing detention is required.
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 e�:tension of such bikeways
through the dedicat�on of easements or nght-of way.
SW Edgewood Street is not classified as a bicycle faciliry.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed under�round, except for surface
mounted transformeis, 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
under�round services;
. The �ity 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 consttuctedp norto the surfacing of the streets;and
. Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in-
lieu of under-grounding costs when the development is proposed to take place on a street where e�cisting
utilities which are not underground will serve the developinent and the approval authority deterniines that the
cost and technical difficulty of under-groundin� the utilities outweighs the benefit of under-grounding in
conjunction with the developmen� 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, 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 existu' �g overhead utility lines alon�the west frontage of SW Edgewood Street. If the fee in-lieu is proposed,
it is e qual to $35.00 per lineal foot of street trontage that conta.ins the overhead lines. The frontage along this site�s 114
lineal feet;therefore the fee would be $3,990.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water S stem:
e Caty o T'ig provides service in this area. The ap licant's plans show two new domestic meters will be installed
to serve Parcels 2 and 3. The existing domestic meter�be used for Parcel l.
NOTTC�OF DEQSION MLI'2008-00002/FITH AVENLJE INVESTMEIVIS LLC PARTITION PAGE 20 OF 23
Storm Water QualitX:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Seivices (CWS) Desi�n and Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construct�on of on-site water quality facilit�es. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff�enerated trom 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 CW5 standards include a provision that would exclude small pro1'ects such as residential land partiuons. It would
be impractical to re quire� an on-site water quality faciliry to accommodate treatment of the storm water from Parcels 2
and 3. Rather, the G� standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed
appropriate. Staff recommends payment of the fee uz-lieu on this apphcation.
Grading and Erosion Control:
CWS Desi n and Constn.iction Standards also regulate erosion control to reduce the amount of sediment and
other po�utants reaching the public storm and surface water system resulting from development,
construct�on, gradin�, excavating, clearing, and any other activity wluch 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 for review and approval.
Address Assi nments•
The City o Tiga is responsible for assigning addresses forparceLs within the City.of T�'gard. An addressing fee in the
amount of$50.00 per address shall be assessed. Tlus fee shall be paid to the Citypnor to tinal plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the given driveway or street. TFvs will assist emergency services personnel to
more easily find a particular home.
Surve Re uirements
The applicant's .in plat shall contain State Plane Coordinates AD 83�(9� 1)] on two monuments with a tie to the
Cat�s global positiorung system (GPS) geodetic control network(�GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as requu-ed for the subdivision plat boundary. Along with the coordinates the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to gnd
north. These coordinates can be established by.
. GPS tie networked to the Cat�s GPS survey.
. By random traverse using conventional surveyulg methods.
In addition, the applicant's as-built drawin�s shall be tied to the GPS network The applicant's eng�meer shall provide
the City with an electroruc f�le with poults or each structure (inanholes, catch basins,water valves, hytirants and other
water system features) in the development, and their respective X and Y State Plane Coordinates, reterenced to NAD
83 (91).
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department conunented on the proposed partition requesting a monument marker be
placed at the foot of the drive leading to the residences to identify the house numbers. A condition of approval shall
requu-e the marker.
City of Tiga�i Public Works Depattment was notified of the proposed partition and inquired as to the status of SW
Regula Lane unth respect to the C:it�s connectivity standards� and to the downstream disposition of the stormwater
connection proposed.These issues are addressed in Staff's fu�dulgs in the Streets and LJtilities Section of this decision.
NOT'ICE OF DEQSION MLI'2008-00002/FITH AVENUE INVES'I'MEN'IS LLC PARTITION PAGE 21 OF 23
City of Tiga�l Arborist has reviewed the proposal and the applicant's tree removal plan conducted by a certified
arborist,KayKuryon. The report does not contaui all four of the required components, and,�s therefore,unacceptable.
The tree rrutigauon uiforn�ation �s uiconsistent with applicant's namative and the tree protection plan shows grading
within a tree protection zone. The City Arborist coinments have been included in the findings for the Landscapuzg and
Screening and Tree Removal Cliapte�s,above.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and submitted a general comment letter dated March 31, 2008
regarding storm and sanitary sewer, erosion control, and sensitive areas, ui wluch C�~WS stated that "the project will not
sigruficandy unpact the e�sting Sensitive Areas found near the site" (CW5 File Number 07-004201).Issues addressed�n
th�s letter are included in staff findings in the Streets and Utilities Section of this decision.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments in their March 31
2008 letter. Tualatin Valley Fire &Rescue endorses this proposal predicated on the following criteria and conditions o�
approval:
1} FIRE APPARATUS ACCESS ROAD DISTANCE FROM BLJILDING AND TURNAROLJNDS:
Access roa s e wit � 150 eet o portions o t e exterior w o t e irst story o e � �g as
measured by an approved route around the e�enor of the building. An approved turnaround�s required i� the
remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is
greater than 150 feet. (IFC 503.1.1)
The proposal meets this criterion and therefore,no turnaround is required.
2) SINGLE FAMILY DWELLINGS - RE UIRED FIRE FLOW: The minunum available fire flow for
single 'y dwellings and duplexes served by a municipal water sup ply shall be 1,000 gallons per minute. If
the structure(s is �aare) 3,600 square feet or larger, the required fue flow shall be deterrruned according to IFC
Appendix B. (�FC B 105.1)
The nearest fire hydrant as shown on the submitted drawings must be able to provide 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 requ.ired distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 6,2008 AND BECOMES
EFFECTIVE ON MAY 21,2008 UNLESS AN APPEAL IS FILED.
D� eal:-
The D�irector's Decision is final on the date that it is mailed. All pe�ons 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 18.390.040.G.2. of the T'�igard Community Development Code which provides that a written
appea1 together with the re�qu.ired fee shall be filed with the Director antlun ten (10) business days of the date the Notice
o} llec�sion was mailed. The appeal fee schedule and forn�s are ava.ilable from the Plazuiuig Div�sion of Tigard City
Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
NOTICE OF DEQSION MLI'2008-00002/FITH AVENUE INVES'IMENPS LLC PARTITION PAGE 22 OF 23
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 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 maybe adopted f rom tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 20,2008.
I�estions:
e any questions,please call the Caty of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,
T"igard, Oregon at (503) 639-4171.
�' A�ri129,2008
PREPARED BY: Ga Pagenstecher DATE
Associate Planner
`- - �Gt� —
- A�n129,2008
APPROVED BY: Ric ar Bewers o DATE
Planning Manager
c\curpin\gary\minor land paztition\m1p2008-00002(fifth avenue invesunneu llc)\m1p2008-00002 decisiondoc
NOTTC�OF DEQSION MLI'2008-00002/FITH AVENUE IIWESTMEN'IS LLC PARTITION PAGE 23 OF 23
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PER DEED DOC. N0. 95021449
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PE�EREHCE��ox�„�o�.�o Nmes FIFTH AVENUE INVESTMENTS LLC EDGEWOOD �"i5
ROBEAi�u+D DuHt HIX;WfR
v.o.eox ic».wum oe v�ocz 8876 SW EDGEWOOD STREET �
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���a NARR[S-HcYONAGLE .SSO�uTES, �H� pRELIMINARY PLA�" 3
PEi;fl TO IMCiNG(ON UlEST REVIAON p1-29-C9 [ c i �F�l�'/,"RI�)r o�s o '
'Robert and Diana Hoober MLP2008-00002
'Fifth Avenue Investments, LLC FIFTH AVENUE INVESTMENTS LLC
P.O. Box 1637 PARTITION
Tualatin, OR 97062
Steve Bloomquist
Harris-McMonagle Associates, Inc.
12555 SW Hall Boulevard
Tigard, OR 97223
William and Teresa Lasniewski
8860 SW Edgewood Street
Tigard, OR 97223
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CITY OF TIGARD PLA�INING DI��SION
_ '� LAND USE PERMIT APPLICATION
� � City c�7"z�Zrdl'arrat Cerrta- 13125 SWHaII Blu�l, Ti� CYZ 97223
Phor� 503.639.4171 Fcac:503.598.1960
File!{ L• :3� ' �?C(.�U�- Other Case#
� a-3 0Y
Date By �•T r�"r Receipt#1 �C D�!>:3�3-3 Fee �"7.�� � Date Complete �
TYPE OF PERMIT YOU ARE APPLYING FOR
�AdjustmentlVariance(I or I� �Muior Iand Partition(lI) ❑Zone C�an$e(II�
❑Comprehensive Plan Amendment(I� ❑Planned Development(IIl) ❑Zone C�ange Annexarion(IV)
❑Conditional Use(IIl� ❑Setuitive Iands Review II or II
(�� n ❑Zone Ordinance Amendment(IV�
❑Histocic Overlay(II or III) �Site Deyelopment Review(TI) �
❑HO����n(� �Subdivision(II or IIn
�
8876 SW EDGEWOOD ST.
25-1-02DD TL 1600
.60 ACRES , R-4 . 5
FIFTH AVENUE INVESTMENTS LLC
PO BOX 1637 TUALATIN, OR 97062 �
503-421-9971 J(�3._ r� �. ��"��
U J
Robert or Diana Hoober 503.421-9971
� � �
Same as Applicant
*When rhe owner and the applicant are different people,che applicant must be the pu�6aser of iecord or a lessee in possession with written
aurhori7ation fmm she owner or an agent of the owner. The owne�must sign this application in the space provided on the bac�of this fbrm
or submit a written authorization with this a licatioa �
xo �
3 Lot Partition.
APPLICATIONS WiLL NOT BE ACCEPTED WITHOUT' ALL OF THE REQUIItED SUBMITTAL ELE�NTS AS
DESC�IBED IN THE"B,qS1C SUBMITTAL RE UIIiEMENTS"INFORMATION SHEET.
i:\curpin\maste:s land use applicationsVand use permit app.doc
THE APPLIC�NT S�,L(;ERTIFY THAT:
♦ I£the application is granted,the applicant sha11 exercise the rights granted in accordance with the temis and
subject to all the conditions and limitations of the approvaL
♦ All the above statements and the statements in the plot plan,attachments,and exhibits transtnitted herewith,are
true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is
found that anysuch statemenu 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 EA�OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
c � a�'� �
O��s Signature Date
�
� i ��'����? .� ,�,� �
Owner's Signature ��
Owne�s Signature ��
Owne�'s Signature ��
ex' Signature ��
, ,�\,�'�'� � ab --�
Applicant/Agent/Representafiive's Signature ��
Applicant/Agent/Representative's Signature gA�
�
.�
= LAND USE PROPOSAL DESCRIPTION
� � .
120 DAYS = 7/2/2008
FILE NO.: MINOR LAND PARTITION (MLP) 2008-00002
FILE TITLE: FIFTH AVENUE INVESTMENTS LLC PARTITION
APPLICANT/ Robert and lliana Hoober APPLICANT'S Ste�re Bloomquist
OWNER: Fifth Avenue Int�estments, LLC REP: Harris-1�1ci�lonagle Associates, Inc.
P.O. Box 1637 12555 SW Hall Boulevard
Tualatin, OR 97062 Tigard, OR 97223
REQUEST: The applicant is requesting approval to partition an approsimatel�� .G1-acre site into three parcels.
LOCATION: 8876 SW F.dgewood Street;Washington Countt-Tax Map 2S102DD,Tax Lot 01600.
ZONE: R-4.5: Low-Densitv Residenual District. 'I'he R-4.5 zonin� district is desi�med to accommodate
detached single-famil�� homes �vith or without accessory residential units at a ininimum lot size of
7,500 sc�uare feet. Duple�:es and attached single-family uruts are permitted conditionally. Some civic
and insututional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.7G5, 18.790, 18.795,and 18.810.
DECISION MAKING BODY BELOW: ❑ T'YPE I � TYPE II ❑ TYPE III ❑ TYPE IV
COMMENTS WERE SENT: MARCH 26, 2008 COMMENTS ARE DUE: APRIL 9, 2008
❑ H}�.,1RINGS OI�I�ICF.R (MON.) DATE OF HEAKING: TIME: 7:00 PM
❑ PLr1NNING COMMISSI()N (MON.) DATE OF HEI�RING: TIME: 7:00 PM
❑ CITY COUNCIL (TUES.) DATE OF HE�RING: TIME: 7:30 PM
� STr,FF DECISION (TENTATIVE) Dr�TE OF DECISION: APRIL 22, 2008
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY��P � L�TILIT`�' PLANS � SITE DISTANCE CERTIF.
� SITE PI.�N � SERVICE PROVIDTR LTR. � IMI'��CT STL'DY
� NARRr1TNE � '1`R.EE PL.AN � OTHER: MISCELLr�NEOUS
STAFF CONTACT: Gary Pagenstecher,Associate Planner (5031639-4171, Ext. 2434
8876 SW Edgewood Street
Com leteness Item Met Not Met N/A Comments
18.745.020: X
Applicability
18.745.030: X
General Provisions
18.745.040: X* -Please consider having them choose a
Street Trees different, medium stature street tree. It
could be from the Tigard Street Tree list
or otherwise chosen or approved by me.
There is an over-reliance on Maples in
Tigard, and I would like to see more
species variety.
-If trees are required on the private
access drive, they need to include them
on the plans. The species should differ
between Edgewood and the private drive
in order to increase diversit .
18.745.050: X
Buffering and
Screenin
18.745.060: X
Re-ve etation
18.790.030: X* -Fruit bearing trees that are exempt from
Tree Plan mitigation requirements must bear
Requirement edible or orchard quality fruits. Trees
such as ornamental cherries, plums,
pears, etc. are not exempt from
mitigation requirements. Please
consider having the project arborist
clarify that the fruit trees identified as
exempt are orchard type trees.
-Sheet 6 describes tree fencing as orange
plastic. The requirement is 5'minimum
chain link. Please revise and place
fencing specifications on tree protection
plan instead of tree mitigation plan.
-5'-6' high Douglas-firs count for 2" of
mitigation, not 4" of mitigation. Please
revise and have project arborist sign off
on mitigation plan.
18.790.050: X
Permit Applicability
Todd Prager
City Arborist
January 30, 2008
PUBLIC FACIUTY PLAN Project: _ �qewood MLP
COMPLETENESS CHECKLIST Dafe: 1/29/08
GRADING
� Existin and ro osed contours shown.
❑ Are there radin im acts on ad�acent arcels?
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
� Ri ht-of-wa clearl shown.
� Centerline of street s clearl shown.
� 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 Impact and/or Access Report Provide preliminary sighf distance
certification for shared driveway, per �
98.705.030.H.9
❑ Street rades com liant?
� StreeUROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other: Shared Driveway See Design Sfd. Detail 140- 6 ft. min.
between adjacenf property line and driveway
a roach.
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Provide 2laterals from existing MH for lots 2
8 3, not line and/aterals as shown
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
� Existin / ro osed lines w/ sizes noted?
❑ Existing/proposed fire hydrants shown? Will NF&R accept FH over 450 ft away or do
you need to add a FH along frontage? Check ,/
wifh John Dalb .
� Pro osed meter location and size shown?
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existing/proposed lines shown? Extend 92-inch public line from exisfing
drainage ditch to Edgewood Street and then
to south end of Edgewood Street frontage.
Provide separate storm/afera/s for each /ot.
Revise narrafive in 18.810.900.0 as the
upsfream drainage system is nowhere near
full develo ed. This is wh the 12 inch line
REVISED: 01/29/OS
. .
must be exte.. .�d to the south end of fhe
develo ment fronta e.
❑ Preliminary sizing calcs for water quality/detention
ravided?
❑ 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
By: Date: 1/29/08
REVISED: 01/29/08
LAND USE APPLI ' Project:��-�/���` �<<
C� ON Date: , s
C4MPLETENESS REVIEW ❑ COMPLETE �INCOMPLETE
STANDARD INFORMATION:
DeedlTitle/Proof of Ownership �clf�] Neighborhood Mlg.Affidavits, Minutes, List of Attendees,� Impact Study(18.390)
�' USA Service Provider Letter �v/��- Construction Cost Estimate �Envelopes with Postage(Verify Count)
� #Sets Of Application Materials/Plans-"Paper Copies" Pre-Application Conference Notes
❑ #Sets Of Application Materials/Plans-"CD's"
PROJECT STATISTICS:
❑ Building Footprint Size �/� %of Landscaping On Site �� °/a of Building Impervious Surface On Site
� Lot Square Footage
PLANS DIMENSIONED: �/�''
❑ Building Footprint ❑ Parking Space Dimensions(inciude a,ccess�bie a e�ke Park�n9)❑ Truck Loading Space Where Applicable
❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown
ADDITIONAL PLANS:
� Vicinity Map /(,�}� Architectural Plan � Tree Inventory
j� Existing Conditions Plan Landscape Plan
�Site Plan `� Lighting Plan
TREE PLAN 1 MITIGATION P N: "� .�.
❑ �� � �-'�`✓6--��9i�i�,�,,
ADDITIONAL REPORTS: (list any special reports)
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Re ional Center
9 ) ❑ 18.775(Sensitive Lands Review)
❑ 18.340(Director's Interpretation) ❑ 18.705(AccesslEgresslCirculation) ❑ 18.780(Signs)
❑ 18.350(Planned Devebpment) ❑ 1$.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits)
❑ 18.360(Site Devebpment Review) ❑ 18.715(Densiry Computations) ❑ 18.790(Tree Removal)
❑ 18.370(variances/Adjustments) ❑ 18.720(Design Compa6bility Standards) ❑ 18.795(Visual Clearance Areas)
❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance 5tandards) ❑ 18.798(Wireless Communication Facilities)
❑ 18.390(Decision Making Proceduresllmpact 5tudy) ❑ 18.73�(Exceptions To Development Slandards) ❑ 18.810(Street 8 Utility Improvement Slanda�ds)
❑ 18.410(Lot Line Adjustments) ❑ 18.740(Histonc Overlay)
❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits)
❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards)
❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regula6ons)
❑ 18.52�(Commercial Zoning Districts) ❑ 1$.755(Mixed Solid Waste/Recycling Storage)
❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situa6ons)
❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements)
ADDITIONAL ITEMS:
I:lcurpinlmasterslforms-revised\land use application completeness review.dot REVISED: 6-Jun-07
�;>`7�� Yb , �:�.��, ,�.� -o .�sy�� Y �
City of TigclrC�, Oregon � 13125 SW Hall Blvd. • Tigara, JR 97223
�1
januarv 31, 2U08 �
t�
Robert and Diana Hoober � � ,
Fifth Avenue Invesunents,LLC
P.O. Box 1637
Tualatin, OR 97062
RE: Application Completeness Review for Fifth Avenue Investments LLC Minor Land Parrition,
MLP2008-00002
Dear Mr. and I�1rs. Hoober:
The City of Tigard received your application on January 23, 2008 for a minor land partition for the property
located at 8876 SW Edgewood Street on Tax Lot 2S102DD01600. The proposal is to partition the
approximately .61-acre site into three parcels. Staff has completed a preliminary review of the submittal
materials and has determined that the following additional information is necessary before the application can be
deemed complete:
1. Public Facilities Com�leteness Items. Please revise your narrative and plan set to address the street, sewer,
water, and storm drainage issues listed on the public facilities completeness checklist. For questions related
to this item,contact Kim McMillan,Development Review F.ngineer, 503-639-4171,extension 2642.
, 2. Cit�Arborist Comments. Please revise your narrative and site plan subject to the Ciry Arborist's Comments
dated January 30, 2008.
i 3. Envelo�es with Postage. Please supply two sets of pre-addressed (no return address), stamped (not
metered), #10 size envelopes for nouce of development review and subsequent notice of decision.
Addresses must have been obtained from the City the previous three months from the date of application
completeness. Contact Patty Lunsford, Planning Secretary, 503-718-2438.
✓ 4. Number of A��licaUon Co,�ies. After satisfying the above concerns, please submit 8 full sets of your
application materials (each set shall be bound and an exact duplicate of all information pertaining to the
applicau�n, narrative, forms, letters, studies, plans, etc.). In addition, submit 7 plan sets only, reduced to 8
1/2"x 17"if legible. Finally,one reduced set of plans at 8 1/2"x 11"is required for our records.
Once this additional information is submitted, your application will be complete and the formal comment and
review process will begin, which typically takes 5 to 6 weeks. It should be noted that staff has not reviewed the
application submittal for compliance with the relevant code criteria, and that the need for additional items may arise
during the application review process. If you have any questions regarding this letter or your application, please
don't hesitate to contact me at 503-718-2434.
�
Sincerely,
� � __
� �'1 C• ,�'..�� , t______�_.
Gary Pagen�techer
�
Associate Planner
Encl: Public Facility Plan Completeness Checklist
C: MLP2008-00001 Land Use File
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
HARRIS - McMONAGLE ASSOCIATES INC Page 1 of 2
Steve Bloomquist
From: Dalby, John K. [John.Dalby@tvfr.com]
Sent: Wednesday, February 20, 2008 4:26 PM
To: Steve Bloomquist
Subject: RE: 8876 SW Edgewood St(3 Lot partition)
�t��c.
[t looks lik�: you'i•e fine c>�� tire h��c�rant distance (within 600 feet as w-e lay hose}.
"l�he closest tire h��drant mu5t be capable ol�suprlying the required tire tlo�� c3emand. If it hasn�t been
flo��� tested ���ithin tl�e last �titi�e }�ears, y�ou�ll neea to ha��e a test do�1e.
John K. Dalb�. I)eputy I�ire Marshal II
"l�iialatir� Valle� Fire & Rescue, North 1)i�is'ron
1�480 �W .lenkins Roacl
13c��verton, OR 970US-11S?
j0�-356-47?;
From: Steve Bloomquist [mailto:Steve@h-mc.com]
Sent: Wednesday, February 20, 2008 3:18 PM
To: Dalby, John K.
Subject: FW: 8876 SW Edgewood St(3 Lot partition)
.lchn.
I am following up on the beiow email.
Thanks
Steve
From: Steve Bloomquist
Sent: Friday, February 15, 2008 2:49 PM
To: 'Dalby, John K.'
Subject: 8876 SW Edgewood St (3 Lot partition)
HARRIS - McMONAGLE ASSOCIATES, INC.
ENGINEERS—SURVEYORS-PLANNERS
12555 SW HALL BLVD.
TIGARD, OREGON 97223
TEL(503)639-3dS3 FAX(503)639-1232
2/26/2008
TRANSMITTAL
HAI�RISMcMONAGl�:ASSOCIATF.,S, INC.
Engineers-Surveyors-Planners - ��-� �
12555 SW llall Bou/evard �a`�'� � '��� '��
Tigard, Oregon 97223
503-639-3-153 teL
503-639-!?32 fax �` ` L 008
� �� ���RD
DATE: March 3, 2oos . ,� ,.,.: , �a� � ,��--�i�lr
T�: Project Planner Gary P.
City of Tigard
RE: MLP 2008-0002 (Resubmittal)
WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS:
FOR YOUR:
REVIEW COMMENTS APPROVAL USE FILE
COPIES DATE DESCRIPTION
5 3-3-OS Complete binder sets of a plication package
3 3-3-OS 3 hole punched sets of revised materials for the 3 binders in your posse sion.
2 Sets 3-3-08 Envelopes with postage paid
7 3-3-OS 7 plan sets reduced to 11 x 17.
1 3-3-08 1 plan set reduced to 8 1/2 x 11.
REMARKS:
Gary: Enclosed with this resubmittal package are all of the materials that
were identified on the incompletness letter dated 1-31-08. I have prepared 5
duplicate binders. You have 3 binders in your possession. I have 3 hole punched
materials for the binders in your possession.
Feel free to call me if you need any additional materials to review this applicati n.
Thanks for your help.
Steve Bloomquist
. H�' �ZIS - McMONAGLE ASSOC' `'ES
` ' ENGINEtiRS-SURVEYORS
12555 SW HALL BOULEVARD
TIGARD,ORECON 97223
TEL(503)639-3453 FAX 639-1232
March 3, 2008
SUBJECT: Resubmittal Of Incomplete Application Items For MLP 2008-00002
Dear Gary,
The following supporting information has bcen rcvised within the plan sets and narrative and is
enclosed with this letter based on the January 31, 2008 letter requesting additional information in
order to deem this application complete. The items are addressed as follows:
Public Facilities Completeness Items. Please revise your narrative and plan set to address the street,
sewer, water and stonn drainage issues identified on the public facilities checklist....
StreetIssues
(a) Provide Preliminary Sight Distance certification for shared driveway per 18.705.030.H.1.
(b) See design standard detail 140-6 ft. min. between adjacent driveway approaches.
-A preliminary site distance certification has been included with this resubmittal.
-The driveway approach location has been revised per standard detail 140-6.
Sanitary Sewer Issues
(a) Provide 2 laterals from existing MH for lots 2 & 3 not line and laterals as shown.
-The preliminary utility plan has been revised showing laterals provided for lots 2 and 3.
WaterIssues
(a) Will the Fire Marshall accept a FH over 450 ft. from the sites frontage? Check with John Dalby.
-The Fire Marshall has accepted the existing hydrant location. I have included an email from
John Dalby to myself dated Feb. 20, 2008 verifying that the location of the existing hydrant is ok.
Prior to fiinal plat approval the applicant will submit flow test results verifying the system is
capable of supplying the required fire flow from the existing hydrant.
Storm Draina�e Issues
(a)Extend 12-inch public line from existing drainage ditch to Edgewood Street and then south to end of
Edgewood street frontage. Provide separate storm lateral for each lot. Revise narrative in 18.81 O.l 00.0
upstream drainage is not fully developed.
-The preliminary utility plan and narrative have been revised accordingly as described above.
City Arborist Issues
(a) Consider having the owner/developer choose a different medium street tree. It could be chosen
from the Tigard Street Tree list or otherwise by the city arborist. If trees are required on the private
drive then include them on the plans.
-The future street tree plan (sheet 6) has been revised with different medium street trees.
(b) Fruit bearing trees that are exempt from mitigation requirements must bear edible fruit. Have the
arborist clarify the fruit trees are exempt because they are orchard type trees.
-The tree assessment has been revised. The arborist has classified fruit type trees as orchard
type.
� r • (c) Sheet 6 tree protection . ing must be 5' minimum chain link. Ple, ,�evise and place on tree
protection plan instead of tree mitigation plan.
-The tree protection fencing detail has been re��ised to show a 5' chain link fence and it has been
moved to the tree mitigation plan.
(d) 5-6 ft. high Douglas firs count for�" mitigation, not 4"mitigation. Please revise and have arborist
sign off on mitigation plan.
- The mitigation plan has been revised to show 4" inch 6-7 foot tall Douglas fir trees. The arborist
has signed off on the tree mitigation plan.
-It is important to note that we have worked directly with Mike White (Tigard Engineering) on the
engineering incompleteness issues. Per our discussion it was decided that the future public
improvements to SW Edgewood Street, be postponed until such a time comes when it is feasible to
accomplish a larger scale of improvements. The narrative has been revised to request the city
allow a future improvement guarantee to be recorded prior to final partition plat approval. If
this is not aceeptable the applicant will construct the improvements along SW Edgewood St as
req ui red.
Please remember to send correspondence in the future to my attention in addition to the owner. If
you have any additional questions or comments please call or email me directly.
Sincerely
Steve Bloomquist
�f
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City of Tigard, Oregon 1312s S�Hall Blvd. • Tigarct, R 97223
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March 11, 2008
Robert and Diana Hoober
Fifth Avenue Im�estments, LLC
P.O. Box 1637
Tualatin, OR 97062
RE: Application Completeness Review for Fifth Avenue Investments LLC Minor Land
Partition, MLP2008-00002
Dear Mx. and Mrs. Hoober:
The City of Tigard received your revised applicarion materials on March 4, 2008 for a minor land partition
for the property located at 8876 SW Edgewood Street on Tax Lot 2S102DD01600. The proposal is to
parririon the appro�rnately .61-acre site into three parcels. Staff has completed a preliminary review of the
submittal materials and has determined that the application can now be deemed complete.
The formal comment and review process will begin,which typically takes 5 to 6 weeks. It should be noted
that staff has not reviewed the application submittal for compliance with the relevant code criteria, and
that the need for additional items may arise during the applicauon review process. If you have any
questions regarding this letter or your application, please don't hesitate to contact me at 503-718-2434.
Sincerely, '
1��. � /
- � �t �-�-V� �t/
�
Gary Pagenstecher
Associate Planner
Encl: Public Facility Plan Completeness Checl�list
C: MI,P2008-00001 Land Use File
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
_I
C��
8876 SW EDGEWOOD ST.
January 22, 2008
��������1�
� ,�5������D � y �
CITY�►F i(GqAD
PLp��pl�Mr;i��U��n��cQIMC
8876 SW Edgewood Street
Table of Contents
1. LAND USE APPLICATION, SUBMITTAL CHECKLIST, TITLE REPORT &
FEE BREAKDOWN
2. PRE-APPLICATION CONFERENCE NOTES
3. TAX MAPAND CWS PRE-SCREEN LETTER, TREE ASSESSMENT
4. APPLICATION NARRATIVE AND IMPACT STATEMENT
5. REDUCTIONS OF FULL SIZE PLAN SET:
EDGEWOOD PARTITION
PRELIMINARY SIGHT DISTANCE CERTIFICATION
February 20, 2008
City of Tigard
CD - Development Engineering
13125 SW Hall Blvd., Tigard, OR 97223
503-639-4171 Fax:503-624-0752
htt�://www.tiaard-or Qov
Attn: Kim McMillan
RE: Edgewood — Preliminary Sight Distance Certification
The access point for this project is located 140 feet north of the 90 degree curve on SW
Edgewood St. The speed limit along SW Edgewood St. is 25 M.P.H., thus requiring 250 feet
of sight distance in both directions, in accord with Tigard Development Code Section
18.705.030.H.1.
As required by Code Sections 18.705.030.H.1, sight distance from the access point onto SW
Edgewood St. is measured to be 250 feet to the north and south of the access point. The Code
Section requires that measurements be based on an eye height of 3.5 feet and an object height
of 4.25 feet above the road; and be assumed to be 10 feet from the fog line to the front of a
stopped vehicle, (actual measurement is taken 15 feet from pavement edge).
In conclusion, I hereby certify that the intersection sight distance at the existing access point to
SW Edgewood St. for the Edgewood Partition will conform to the requirements for sight
distance as set forth in the Tigard Development Code
` � PRpFF
! ����a►NEF S'cS��O
Bradley S. Albert, P.E. #70,695
� 95 E.: �
t4�.9O`�14 '1�����.
�EY S. P�
EXPIRES: ��si/z�'I
Ed ewood
g
3 Lot Partition
FEE BREAKDO�►�N
Type II Residential Land Partition Application (3 lots) _ $3,727.00
Total= $3,727.00
CITY OF TIGARD Date: ��.'��^ O�'
LAND USE APPLICATIONS
BASIC SUBMITTAL REQUIREMENTS Project: L06�WOOi7 — Qp�Z=a tJ
APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS.
ALL ITEMS MUST BE SUBMITTED AT ONE TIME.
�➢ Three copies of all materials are required for the review process. The balance of the copies will be requested
once your submittal is deemed complete.
✓➢ Each packet must be collated
✓➢ Plans are required to be a minimum of 24"x 36"
✓➢ Plans must be FOLDED,rolled plans ate not accepted.
The applicant must check the box next to the item verifying that the informauon is present. Staff will check off the items at
intake.
A licant Staff Documents, Co ies and Fees Re uired
/ / Completed Master"Land Use Permit"Application with property owner's signature or
1� r� name of a ent and letter of authorization
� Tide transfer instrument or ant deed
Written summ of ro osal
Narrative demonstrating compliance with all applicable development standards and
L� a roval criteria as s ecified in the Pre-A lication Conference notes
Documentary evidence of Neighborhood Meeting: Neighborhood Meeting Affidavits of
�• • �L � Postin &Mailin Notice,Minutes,Si -in Sheets
i/ Service Provider Letter
Im act Stud er Section 18.390.040.B2 e
�/ Co of the Pre-A lication Conference notes
Filin Fee see fee schedule 3 '7 2. � 3 (.�, � ,.r,�7� 7��
Y Prelunin Si ht Distance Certification
P�� �' Prelimina Storm Calculations
N I✓1-�-' Traffic Re ort if Re uired
Ma s or Pians Plans must be a[least 24"x 36"
,, l Architectural Drawin s elevations & floor lans
1/ Existin Conditions Ma
A -�' Landsca e Plan
Prelimin Gradin /Erosion Control Plan
;% Prelimin Partition/Lot Line Ad�ustrnent Plan
,� Prelunin Storm Draina e Plan
✓ Prelim:.-��-Ltilities P:an
✓ ` Public Im rovements/Streets Plan
v Site Develo ment Plan
Y To o a h Ma
� Tree Preservation/Miti ation Plan
L Vicini Ma —p ^
A�C lj�lZ(St- �C I���l'2� � �lZ E�. �r•c Tc C 7c c.'�.�, y �j-�I 7'7 L•<fi%l�yi
➢ Once your applicarion has been deemed complete you will need to provide:
Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property.
Mailing envelopes shall be standard legal-size (#10),addressed with 1"X 4"labels (see envelope submittal
requirements). I'roperry ou�ner mailing lists must be prepared by the City for a minimal fee (see request for 500'
property owner mailing list form).
` I:\CURPLN\Masrers\Submittal Requirements CheckList.doe
CITY OF TIGARD Date: �.Z.'.a-c O�'
LAND USE APPLICATIONS
BASIC SUBMITTAL REQUIREMENTS Project: �06�WOOD �pAKT'�TS C t�I
APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS.
ALL ITEMS MUST BE SUBMITTED AT ONE TIME.
�➢ Three copies of all materials are required for the teview process. The balance of the copies will be requested
once your submittal is deemed complete.
✓➢ Each packet must be collated
✓➢ Plans are required to be a minimum of 24"x 36"
✓➢ Plans must be FOLDED,rolled plans are not accepted.
The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at
intake.
A licant Staff Documents, Co ies and Fees Re uired
/ Completed Master"Land Use Permit"Application with property owner's signature or
1� name of a ent and letter of authorization
Title transfer instrument or rant deed
Written summ of ro osal
J� Narrative demonsuating compliance with all applicable development standards and
a roval criteria as s ecified in the Pte-A lication Conference notes
Documentary evidence of Neighborhood Meeting: Neighborhood Meeting Affidavits of
�• • Postin &Mailin Notice,Minutes,Si -in Sheets
Service Provider Letter
Im act Stud er Section 18.390.040.B.2 e
Co of the Pre-A lication Conference notes
Filin Fee see fee schedule
Prelimiri Si ht Distance Certification
ht�� Prelimina Storm Calculations
N Traffic Re ort if Re uired
Ma s or Plans Plans must be at least 24"x 36"
Architectural Drawin s elevations & floor lans
Existin Conditions Ma
�A Landsca e Plan
Prelimin Gradin /Erosion Control Plan
Prelimin Partition/Lot Line Ad'ustment Plan
Prelimin Storm Draina e Plan
Pre:imi.-�� -Utilities P:an
f Public Im rovements/Streets Plan
Site Develo ment Plan
To o a h Ma
Tree Preservation/Miti tion Plan
Vicini Ma —p �^
➢ Once your application has been deemed complete you will need to provide:
Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property.
Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (see envelope submittal
requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500'
properry owner mailing list form).
y 1:\CURPLN\Masters\Submittal Requirements Check L.ist.doc
_ . ""'"°0`°"O0Q"",'•'°°" 2007-113451
7 Oit812007 70:41;09 AM
� PpM M�1 6D1•7 K6RUNlWALD
STATUYORY WARRANTY pE E D se.oa ss a sn oa uoa.00�T�m.pro no
� Grentee: RaDertw.Hoober , THIS: Illlllllloill�llllalll II7I•�IIMISI�I�IIIIII I�II I�
� I
iRien.iy-ae✓rrio*r,:Inno�ma.�...R.�iu,o �,,•—•^,�
ll llMiachanBsisrppuay(etl,afllaSlat�m�ntsslaUbasonitofhe r.u�.e�.nae.a�ndoce��yr.�.4a�w..n,�.o�.�� ti,f'` '`�F�
m L�uqy.Onpen,�p nw�y uRly I��t p��w1M�
tO110wi�adMlSS: na.v�wn�Wwron�wnwiw��nr oro�e��.�,,j �,�
Robeq W.Hoober �o��d ncntl�M�Y�cau(y�� �, �<
Di8n8R.Hoobel rxnuaH.s.mmn�o�n'f..�a4�wweeru:ne�i-� ^�3„�i'l
�g7�isyV-EAgewee�}. P� �e X /6 3 7 �.x�ion e.arene ca,nry a.n
� �i�e�-AR-9�23 1'k a j a�';h� �r 9�0 L a
..J
~ AR�r Reeordnq return to:
� Robe�l W Hoobcr
Q,^ Diana R.Hooher /�
� ,�sz� P a UO R /6 3 7
't u 4 I° t"n� b�" 97G6�' WASHINGTON COUNTY
~ AcAL PROP�iTY TFANSFER TAX
� Esc row N0 909795 JSL ' $ 0� �P 0 l0-�b 0
� Title No 909795
1a
� RpBER7 O.TINNIN and ELAINE WI.tINNIN,Grantor, wnveys and warrants io ROBERT W.HOOBER and
� dIANA R.HOQBER,as tenants by the entaety,Grantee, the fdbwing described real property free of encumbrances
Q except as specifically set rorih herem situated in Washi�gion County,Oregon,to wit:
� Begirtning at the Southwest comer ot Lot 7, EDGEWOOD,in the City of 1'igard,County ot Washington,and
State of Oregon; thence Norlh abrsg the West line of said lot and abng the centeriine of RidgewnoA Street
Q` 114.12 feet to the Southwest comer of that traCt Conveyed to Edward J.Vancoelan by deed recarded April 10,
�` 1964,in Book 510, Page 389, Deed Records,Washington County,Oregon;thence East along the South line
� of said Vancoelan tract 255.8 feet to the West line of that tract c�nnveyed to Mearl Mote by deed recorded
Q January 3, 1963,in Book 478,Page 225,Deed Recwds;thence Soulh 1�4.12 feet ta the Souih line of Lot 7;
�' thence Wesi along Said South line 255.8 feet to the poini of beginning.
3 The said property ie(ree Gom encumhrances exoapl:COVENANTS,CONDITIONS,RESTRtCTIONS,RESERVATIONS,SET BACK
LINES,POWERS OF SPECIAL DISTRIC75,/WQ EASEMENTS OF RECOF2D,IF ANY.
6EFpRE SIGNII�G OR ACCBPTING THIS 1NSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD IN�UIRE A80UT
THE PERSON'S RIGHTS,�F ANY,UNDER ORS 197.352.7HIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY
DESCRISED IN THIS INS7RUMENT IN VIOLATIpN OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING
OR ACCEPTING THIS INSTRUMEh(T,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK W ITH THE
APPRpPRIATE CITY OR COUNTY PLANNING OEPARTMENT TO VEWFY APPROVED USES,TO DETERMINE ANY IIMiTS ON
LAWSUITS AGAINS7 FARMING OR FOREST PRACTICES AS LtEFINED IN ORS 30.93Q AND TO INQUIRE ABOUT THE RIC3HTS
OF NEIGNBORING pROPERTY OW I�RS,IF ANY,UNOER ORS 197.352.
The true oonsidera6on fa thie eonveyance is�t08,009.00.{Here comply with the�equiremen[s of ORS 93.03D).
Dated this � day ai ��• ,2{107.
�� � ~
Ro6ert 0.Tinnin
��-u'..��� �!l��r��f�c.J
Eleirte`163.Tiimin
State �R
County. Clackamas
The foregoing insl�umertt was acknowledged before me this^�day of D�T ,20�by�
Robert 0.Tinnin and Elaine M.Tinnin
G�
Notary Public
JU6YFlAWRENCE My i sio Expires, +!�l4•O�
NaiARY PUBIK'�OREC.ON
COWMISSt4N NO 398266
�dY COIA�115SION E%PIFES DECEM6FR 19,20dJ
TIGOR TITIE INSURANCE GOAAPANY
S�n�JTpRrWApRMRYDEEO!CLb1f PAGE 1
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Our�ommitment is clenr. '
----
f.1'�fS Fle HumDer
Sensitive Area Pre�creening �j _���G�
8ite Assessment
Jurisdiction• C i O ' b
Properiy[rifortnation: (examp�e 1S23�FA8olsoa) O Ha�meer(� ati�; � �J`4`�^a, ` �✓
Taxlo!ID(s): I G 0� 'Tw�e e�T Z._S 1 0 � eN� ���� �y
Company: /��CLI` f� S
Address: �C ' "�
siteAddress_�g��, Sw E�t��._����7 �ca/ ` y 7QGL
Phone/Fax: ��3 �
Nearest Street 5.+f �c1h�..�J.-Ee�o..+�aic�' ,B� E-mall: CN'� 9 0� . ��:
.
DevelopmeatAttivity: Ct►edc all that apply . � er 1�? 2�1�,it 2
Addition to Single Famity Residenoe (moms,deck,garagre) � Applicant Informatiocn�:I ,,1-
Lot Line Ad'ustment � Name:��r l. v� lJ��vU
J ❑ Minor Land Partition Com an
Res(dential Condominium p y'
❑ Commercial Condominium ❑ �d�:
Reside�tialSubdivision � CommeraalSubdivtsiort ❑ � � � ��-�5,�.-63a..�/
5in le Lot Commeroial ^�'�` " "'�
B ❑ Mu�f Lot Cartvnercial ❑
Other 3 Le'� '�o�t i�:-�;o^ PhonelFa�C /
E-mail:
Vlrfl the project invalve any off�ite wor�c: YES❑ NO� Unknown Locafion and description of off�sitie work:
Additional oorrtmer�ts or information that may be needed to understand your projec�
TAis application does NOT reptace the need for Grading and Erosion Control pennjfg,Conne�yp�Partnils,Build�ng Pertnils,Site Dsvefopment
Pe+ed�,DEC 7200-C Permit or other persnits as Issued 6y the Departine�K of environmental Quality Departmertt of Stafe Eands andlor[SeparM�ent of
f3w Am�y COE All r�quiesd pormils and appre�vals must be obFalned and eompleted �mder applics6le fooal�stabe,and federal tstv.
BY sigNng Cds fortn.the Owner orOwners a�cthorfzed apeM or representative,aeknowledges and a�qr�es that employees a�f Ctean Watar Serviess hsve atrihority
to r�rthe project sRa at alI reasonable tEme.s for the P�Poss of inspecting Aro1�si6e conditions and�atNerinp 1rAormation r�elaDed to She project site. I oafily
fttat I am famiaarwlth the irthumatlon�ontalned In this dxumen;and L�the baet of rty fvsowfedge and br�ief,this informa�on i9 true,Complete,and axutate.
Print/Type Name: Pdnt/TypeTdle:
Signature:
Date:
FOR DI�TF?1CT USE ONLY
�Sensifi�e areas pMentialfy exist on site�r wittiln 200'of the sibe. THE AP CANT MuST PERFORM A SITE ASSESSMENT
P OR 33UA CE OF A SERVtCE PR VIDER LETTE If Sensitive Areas exiy�t on U�e site or within 200 f�et on
�18�M Properties, a Natural Resouroes Assessment Report may also be required.
❑ Sensitive areas do not appear to exist on site or within 200'af ttte stts. This Sensitive Area PreScxeening Si6e Assessment
dces NOT eliminate the need to evaluate and proted water quatity s�siCve areas if they ere su6�aquenUy d'�scavered, Th(s
document+nn71 sene as your Service Prvvider letter as required by Re�olution and Order 07,20,Sectlon 3.021 c All
Parmltc and appravaLs must be obtained and aamp�under appGcable local, State,end federal 1aw. �uired
❑ Based oR review of the submifEed meterials and best avail2ble iMormation the above referenoed project will not signt�cantly
impad tf�e exiating or pobsntially sensitive anea(s)found near the site.This Sensihve Area p�es.gcreeninp 5ite Assessmeirt
daes NOT erminale the need to evaluate and pro�t add�ionaf ws4er quafity sensitive areas if they are subsequer�tly
discovared. Th(s document will serve as your Service provider letter as roquired by Resolutiat�and Order O7 20,Secfion
3•02•1, All�equired pertnits and approvals must be obtafied and completed under appfic�ble fopl,state,and federal law
❑ ThEs Servite provider Letber is not valid unless CWS approved si6e plan(s)ara attached.
❑ The proposed adivlty does�ot meet fhe definition of developmerrt. NO SITE ASSESSMEM'OR SERVICE PROVIDER
LETi'ER IS REQUIR .
Reviewed 8y;
• Gate: �v G
2980 SW HIIlsboro F4tDhNrdy.li�lsboro�O/eyofl 87123
Phone: (5p3)69SS100.Fa�c (50�66t�43B. /��/L
a.�e ea�,2oar �'�'�
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CleanWater Services
Our coAl�iriitmeiit is cle�ir.
November 21, 2007
HARRIS - MCMONAGLE ASSOCIATES, INC.
12555 SW HALL BLVD
TIGARD OR 97223
RE: Service Provider Letter CWS ER File 07-004201
Tax map 2S102DD Tax lot 01600
Proposed Activity: Minor Land Partition
Clean Water Services has received your Sensitive Area Certification for the
above referenced site. District staff has reviewed the submitted materials
including site conditions and the description of your project (see Attachment).
Staff concurs that the above referenced project will not significantly impact the
existing Sensitive Areas found near the site. In light of this result, 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 letter does NOT eliminate the need to protect Sensitive Areas if they are
subsequently identified on your site.
If you have any questions, please feel free to call me at (503)681-3613.
Sincerely,
Julie Wirth
Environmental Plan Review
Attachment (1)
Page 1 of 2
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone:(503)681-3600• Fax: (503)681-3603•www.CleanWaterServices.org
�-00420
Approv tl
�or�„�ea��ater j Tla��eue
BY �)w Da e .
T/L 1602 � �� ��. .
.1.. EXISTING HOUSE
�i�e� Si�.¢ `n �
o � � �
� �
� " =s.ss� _ _ _ Zq� ;"���' CL OF
. ANO UfWTiES E15El1EM � � � �__ OF FA
, _ _to etNEFrr ru�cei z,w��__ _.._SW REGINA LANE--- — ——————— , I TO TO
� --- --------
'� ZO.00�EX. ROW -- '� ._ ___ _ .. �,!�.-..-_.-__1 _ . __..
PARCEL 2
� � ��SPARCEL 1 T/L 1600 PARCEL 3 PARTITION PU�T 995-1C8 f T/L 5600
o ze,sio sour�e�r ' EXISTING � - �,o, ; ,..._PARCEL 1
o° HOUSE ✓ I .�° �°� %
) / P e �
� eBEXISTINCDH0U5 D ST. � � T/L 5700 . / F�AC�� BQz°�`���' � o m
(FOUNDATNIN TO BE \�,� PARCEL 2 .i /� y�~ F-� / _
- � REIOCATED ON PAR EL 1) � / ' r�Q' i � Q
� Z S
2�.OQ� � ' 0J�i�' � 3
EX. ROW � 7.00'P,OW DEp. —— —— � 15.00' ;�_ w "'
_ 235.66 I �
_� �s .
�� ( \ ,•`� , '15' PUBLIC SAN.
_ . __ � I � �po. _.._.-' , EASEMENT PER DOC.
�'p�.o��,� � 0 95021448 TRANSITIONS INTO
��' e°�E�� 8-9 FT. WIDE TRIBUTARY
T L 902 �' � � � '��,a���,�
�
EXISTING HOUSE 1� so � --" ��l,P`,j,P , �
�o � ' �?'�P APPROXIMATE LOCATION
CWS 50 FT. BUFFER �� P� '� OF POND OUTFALL
T , 903 FROM STREAM-- _ � DIRECTING OVERFLOW TO
� TOP OF BANK CONTROL STRUCTURE
AND MANMADE POND ,,OP�,�- T/L 900 ? OUTFALL PIPES
F � '� �F TRANSITIONS INTO ° N
��Q �' 'C�P MANMADE POND � •-�■
CL OF UNNAMED TRIBUTARY x �
� � OF FANNO CREEK TOP OF BANK ``' a � ,�
T�L 9O - ' TO TOP OF BANK
���W�µD�g ROBERT AND DIANA HOOBER 3 LOT PARTITION I
V.O.BOY IU] �L
sca ewn e'a°-"aia`= 8876 SW EDCaEWOOD STREET °�`"°`
Pw1fl55E
HARRIS-YcHONAGLS ASSOCIATE3, W�, pARTITION PLAT � 2
�xo va+os�
PF1E11 TO 711ACIW FDR lwT6T RCVI9q1 ��a CWS EXHIBIT
r�ori Iw1��a v� Y
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REVISED TREE ASSESSMENT
March 3, 2008
Fifth Avenue Investments, LLC Phone: 503-421-9971
Attn: Robert or Diana Hoober
PO Box 1637
Portland, OR 97062
CC: Harris McMonagle Associates, Inc.
RE: 8876 SW Edgewood St.
Tigard, OR
NO COMMON NAME BOTANICAL NAME DBH CONDITION COMMENTS
1 Scotch Pine Pinus sylvest�is 10 Fair 2 leaders at 10' above ground. M�
off ro e
2 Deodar Cedar Cedrus deodo�a 20 Good May be off property.
3 En elmann S ruce Picea en elmannii 7 Good May be off property.
4 Nonrva Ma le Acer lantanoides 25 Good
5 Giant Se uoia S uoiadendron i anteum 62 Good alue tag i8s9
6 Dawn Redwood Metas uoia l tostroboides 15 Good Blue tag 1888
7 Scotch Pine Pinus s lvestris 15 Good May be off properry.
8 Scotch Pine Pinus s lvestris 14 Good May be off property.
9 Deciduous Conifer 17 Good Blue tag 1887
10 Plum Prunus sp. 8, 12 Fair 2 stems: 8,12. Blue tag 1400, orcl
tree
11 Euro ean Mtn Ash Sorbus aucu aria 13 Good Blue tag 1399
12 American Beech Fa us �andifolia 10 Good Blue tag 1398
13 Pedr rus 6 6 Fair 2 stems, blue tag 1397, orchard tn
14 Cherry P�unus 15,11, Fair 4 stems, Blue tag 1396, orchard tr
7 14
15 Plum P�unus 21 Fair Blue tag 1395
16 Dou las Fir Pseudotsu a menziesii 9 Fair May be off property
17 Tree of Heaven Alanthus altissima 28 Fair May be off property
18 Dou las Fir Pseudotsu e menziesii 6 Fair May be off property
19 Ponderosa Pine Pinus nde�osa 32 Fair May be off property
Respectfu I ly,
Kay Kinyon
Certified Arborist #PN-0409
Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation
MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc.
State Licensed Tree Service #62635•Landscape Contractor #5659•Chemical Application @000231•Insured
P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549
Visit our website at www.tclu.com•E-mail: info@tclu.com
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TREE ASSESSMENT
November 1, 2007
Fifth Avenue Investments, LLC Phone: 503-421-9971
Attn: Robert or Diana Hoober
PO Box 1637
Portland, OR 97062
CC: Harris McMonagle Associates, Inc.
RE: 8876 SW Edgewood St.
Tigard, OR
NO COMMON NAME BOTANICAL NAME DBH CONDITION COMMENTS
1 Scotch Pine Pinus sylvestris 10 Fair 2 leaders at 10' above ground.
ro e
2 Deodar Cedar Cedrus deodo�a 20 Good Off ro e .
3 En elmann S ruce Picea en elmannii 7 Good Off ro e
4 Norwa Ma le Ace� lantanoides 25 Good
5 Giant Se uoia Se uoiadendron i anteum 62 Good Blue ta 1889
6 Dawn Redwood Metas uoia l tost�oboides 15 Good Blue ta 1888
7 Scotch Pine Pinus s lvestris 15 Good Off ro e
8 Scotch Pine Pinus s lvest�is 14 Good Off ro e
9 Western Larch Larix occidentalis 17 Good Blue ta 1887
10 Plum P�unuss . 8 12 Fair 2 stems: 8,12. Blue ta 1400.
11 Euro an Mtn Ash So�bus aucu �ia 13 Good Blue ta 1399
12 American Beech Fa us �andifolia 10 Good Blue ta 1398
13 Pear rus 6 6 Fair 2 stems blue ta 1397
14 Cherry Prunus 15,11, Fair 4 stems, Blue tag 1396
7,14
15 Plum Prunus 21 Fair Blue ta 1395
16 Dou las Fir Pseudotsu a menziesii 9 Fair Off ro e
17 Tree of Heaven Alanthus altissima 28 Fair Off ro e
18 Dou las Fir Pseudotsu e menziesii 6 Fair Off ro e
19 Ponderosa Pine Pinus onderosa 32 Fair Off ro e
Respectfully,
Kay Kinyon
Certified Arborist #PN-0409
Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation
MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc.
State Licensed Tree Service #62635•Landscape Contractor #5659•Chemical Application @000231•Insured
P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549
Visit our website at www.tclu.com•E-mail: info@tclu.com
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iSA Certifed Arbo�ist, QF�-0 f�0 I i r�un
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01/23/2008 11:19 5036351549 TREE CARE UNLIMITED PAGE 03/04
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Tree Protection Plan
REVISED 7/Z7/C5
C��1f ITTI��EC� �_
STTEADDRESS V r( c� �o� ,�j,f) �r'}'^ r t �f Q�
Follow the below listed instructions in order to pro ide the proper protection before, during and after
Construction for tree # _
x. Before Construction:
ADp, Non-A .
O a. Identify and number the trees to be protected, verify by mapping and/or tagging and note their
size in D,B,H, (Diameter at Breast Height), variety, health and structural conditions, review
plans.
E�'�D b. Check with local government agenc(es for tree protection ordinances.
�� c. Remove any low fimbs that may be in the way of construct(on equipment, and prune as needed
to adhere NAA standards.
G�' � d. Leave a protective covering on the soil, i.e., existing groundcover or mulch.
a D e. Notify all other contractors that these trees are to be saved and protected,
�' ❑ f. Install a temporary 6' high metal no=climb Pence to protect the trees and their root systems.
Instafl tree protection sign on fence. Posts located 10' on center as a general rule. For every
in�h in diameter of the trunk (D,B.H.) allow up to 1 foot of radius from the trunk as the
protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we
need to protect more than the drip zone. The drip zone into the trunk is the support roots that
hofd the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to
avoid loss of more than 30% of root on any one side, This aflows some encroachment within
the drip line. This should be determined on a case by case site conditions reviewed. (SEE
ENC�OSED SITE PLAN)
❑ .�g. Identify any insect or disease problems that may require treatment.
�� h. Engineer and design proposed structures and consCruction to avoid root loss. Brldge type
foundation� can save major roots.
�o i. Design landscape islands and planting areas large enough to accommodate trees at maturity.
❑ D� j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities.
� � k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the
right place and proposed changes don't kill retained mature trees.
Q" ❑ I- Consider tree removafs adjacent to trees to be saved for wind related stability concerns.
Residential and Commercial Spraying • Fertilizing• Pruning•Landscape Inslallation�Landscape Maintenance •Consultation
MEMBER: TrEe Care Industry Association • International SociEty of Arboriculture •Oregon Landscape Contractors Association
Construction Contractor#62635• Landscape Contractor#5659 •Chemical Application#000231 • Insured
P.O. Box 1566• Lako pswego, OR 97035 • 503-635-3165 •Vanr,ouver 360-737-2646 • Fax 503-635-154g
Visit our website at www.tClu.COm • E-mail; info wtClu.COrn
01/23/2008 11:19 5036351549 TREE CARE UNLIMITED PAGE 04/04
ADp• Ofl-ADQ.
O m. Check for past and proposed grade and drainage changes, consider the effects.
�O n. Check trees for stabilPty.
�� o. Remove all trees that wouid not survive the effects of change. Remove all hazardous treeS.
[�' O p. Minimize environmental changes.
II. Durina Construction:
�O a. Keep equipment off of the root system to avoid compaction.
f� � b. Keep equipment away from structure to prevent damage to trunk and limbs.
,z1 ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasofine, diesel, paint,
herbicide, cleaner, thinners, etc,
� ❑ d. Provide means �f temporary irrigation if the project runs through the summer.
� ❑ e. if roots or limbs are cut or damaged, have them inspected by an I5A Certified Arborist and
repaired or treated accvrding to his/her recommendations.
� O f. Pratect the trees from excessive heat, i.e., equipment, paving and/or burning.
f� D g. Avoid trenching through the root systems, boring under them or hand digging can save roots,
J� ❑ h. Contact the ISA Certified Arborist famfliar with the site prior to and during any activity within
� the drip zone or tree protection fencing for consultation.
III. After Construction:
�e�o a. Carefully landscape the area under the tree, being careful of the roots and structure. Use
plantings that will live under the same conditions as that of the tree.
o �b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-terrn
protection plan if provided.
�i�c, Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep n2w
plantings alive can often be enough to kill mature trees,
Ga' ❑ d. Do not cover existing root systems with more than 2"of soil. The more soil you add, the
greater the chances of damaging the root system.
� ❑ e. Provide irrigation and/or drainage to emulate pre-construction conditions,
NOTE: This tree protection plan identifies construction protection measures to prevent unwarranted tree loss.
The identified measureG limit the amount of earth disturbance surrounding the trees, and limit the removal of
the tree's root systems, Due to the variation of every project, it is unlikely all of the above identi��d
measures can be practicably applied to each individual tree; nor is it Ifkefy each measure is necessary to
tafn each tree. Prior to the beginning of construction a meeting between a certified arborist and the
.,ecessary contractors will be held to determine the appropriate level of protection for each tree, in relation to
what work needs to be completed in the tree'S vicinity, On site supervision by a certified arborist will be
determined and supplied as necessary. '
�
�
rr �
8876 SW EDGEWOOD ST.
PARTITION APPLICATION
WRITTEN NARRATIVE
CITY OF TIGARD
March 3, 2008
5`" Ave Investments
PARTITION APPLICATION
TABLE OF CONTENTS
Applicant and Consultants ................................................................................ 3
SiteDescription ............................................................................................. 4
General Site Information................................................................................... 5
ProjectDescription .........................................................................................6-7
Applicable Policies and Findings......................................................................................8-68
ImpactStudy........................................................................................................69-70
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5`h Ave Investments
PARTITION APPLICATION
Applicant: Fifth Avenue Investments LLC
P.O. Box 1637
Tualatin, Oregon 97062
Contact Person: Robert&Diana Hoober
Phone: 503-421-9971
-Planning/Engineering/Surveying: Harris-McMonagle Associates,Inc.
12555 SW Hall Blvd.
Tigard,Oregon 972123
Contact Person: Steve Bloomquist
Phone: 503.639.3453 Fax: 503.639.1232
Arborist: Tree Care and Landscapes Unlimited
5600 Rosewood Street
Lake Oswego, Orcgon 97035
Contact Person: Ray Myer
Phone: 503.635.3165
Property Description: Washington County Assessor's Map 25-1-02DD, Tax Lot 1600
Site Size: 0.61 acres
Zoning: R-4.5 Low Density Residential.
Proposed Use of Property: 3 Lot Partition
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Fifth Avenue Investments LLC
PART[TION APPLICATION
SITE DESCRIPTION
The subject site is located at 8876 SW Edgewood Street in Tigard, Oregon it is identified as tax
lot 1600 on Washington County Tax Assessors map 25-1-02DD. The site is rectangular in shape
and 0.61 gross acres in size. The front portion of the site is developed with a single family home,
outbuildings, landscaping, and other improvements as shown on the existing conditions plan
submitted with this application. The eastern portion of the site is undeveloped with grassy open
areas and a few mature trees scattered throughout the yard. A general tree assessment, prepared
by a certified arborist from Tree Care & Landscapes Unlimited, identifies the location, type and
size of all trees greater than 6 inches in diameter on and around the site. The site has a current
City of Tigard zoning designation of R-4.5 applied to it.
The northern and eastern boundaries of site abut tax lots (1602 and 5700) both lots are identified
on Washington County tax map 2S-1-02DD. The southern boundary of the site abuts two tax
lots (901 and 902) also identified on Washington County tax map 2S-1-02DD. Tax lot 902 has
been developed with a single family detached residence. Tax lot 901 has not yet been developed
and is currently vacant at this time. All lots surrounding the site are zoned R-4.5 and within the
City of Tigard. The site is not within a flood plain, landslide hazard area and there are no slopes
greater than 25% on it. The site generally slopes from the south towards the north and northeast
at varying degrees.
The site has 114 feet of public street frontage along its western boundary SW Edgewood Street.
SW Edgewood Street runs parallel to the site in a north to south direction. SW Edgewood Street
is currently classified as a local street. Neither side of Edgewood Street has been improved at
this time. SW Edgewood Street is currently 40 feet in total right of way width.
It should also be noted that the site also has public street frontage along SW Regina Lane.
Regina Lane stubs into the sites northeastern boundary between tax lots 5700 and 1100 and is 24
feet in total right of way width. At a preapplication conference on September 9, 2007 city staff
described future plans for SW Regina Lane to eventually be closed and realigned further north
onto Hall Blvd. SW Regina Lane currently provides direct access to the two lots from Partition
Plat 1995-108 east of the site onto Hall Blvd.
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Fifth Avenue Investments LLC
PARTITION APPLICATION
General Site Information
Political Boundaries
City Tigard
County Washington Co.
Urban Growth Boundary Inside
Zip Code 97223
Zoning
Local Designation R-4.5
Minimum Lot Size Minimum lot—7,500 sq. ft.
Generalized Classification LDR
Environmental Findings
Flood Plain(FEMA 100 yr.) Outside
Watershed Basin TUALATIN RIVER
Watershed Subbasin LOWER TUALATIN RIVER
Fire Protection Tualatin Valley Fire& Rescue
Parks City of Tigard
School District TIGARD-TUALATIN No. 23J
Sewer Clean Water Services District
Water City of Tigard
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Fifth Avenue Investments LLC
PARTITION APPLICATION
PROJECT DESCRIPTION
REQUESTED LAND USE APPROVAL
(1) PARTITION
The purpose of this narrative is to request preliminary approval for a Partition Plat to create three
parcels for the future development of three single family detached homes. Parcel 1 is proposed
to be 7,552 square feet in size. Parcel 2 will be 7,552 square feet in size. Parcel 3 will be 8,604
square feet in size. The existing home and all other outbuildings will be removed on the site.
Proposed access to the site for parcel 1 is from an individual driveway directly onto SW
Edgewood Street. A sixteen foot wide access and utility easement is proposed for to allow
access to parcels 2 and 3. A ten foot wide paved section within the 16 foot wide easement for
the private drive will allow for safe vehicular and non vehicular access to both parcels.
The permitting and review for all new homes, off street parking areas and other requirements
associated with new development will be done at the time of development review and future
partition plat and or building permit approval.
DENSITY REQUIREMENTS
The net developable area is determined by subtracting the following uses from the total site area;
existing development to remain, sensitive land areas, land dedicated to public parks, land
dedicated for public right-of-way, land dedicated for private streets and any lot created for an
existing dwelling. Of the total site area (.61 acres), the following will be subtracted to determine
the developable acreage or site area, 0 acres for new public streets, 0.02 acres for seven feet of
new right of way dedication along SW Edgewood Street, 0.05 acres for the private drive (to
benefit parcels 2 and 3), and 0.00 acres of land with a slope greater than 25%.
Based on the above totals the net developable area of the site is .54 acres or 23,522 square feet.
Based on a minimum lot size requirement of 7,500 square feet and 23,522 square feet of net
developable site area, the minimum and maximum density requirements are 3.1 and 2.5 units
respectively.
PARCELS
The minimum lot area requirement for detached residences in the R-4.5 zone is 7,500 square
feet. All of the proposed parcels are greater than 7,500 square feet. All proposed parcels will
meet or exceed the minimum lot area, dimensional and setback requirements specified within the
R-4.5 zone.
Currently, access is provided to the existing home via an individual driveway directly on SW
Edgewood Street. Parcel 1 is proposed to continue to access SW Edgewood Street directly from
its own individual driveway. Access will be provided to Parcels 2 and 3 via a 16 foot wide
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Fifth Avenue Investments LLC
PARTITION APPL[CATION
Ingress, Egress and Utility easement that will be created across the northern boundary of Parcel
1. The easements location is shown on the preliminary partition plat.
STREETS
Seven (7) feet of additional feet of right of way will be dedicated along SW Edgewood Street to
provide for 27 feet in total right of way width to the existing street centerline from the sites
western boundary. The amount of right of way proposed will allow the sites frontage along SW
Edgewood Street to be improved with half street improvements that include; 16 feet of pavement
from centerline, concrete curb, storm sewer and other underground utilities, sidewalk, planter
strip and street trees as described on page 1 of the Engineering preapplication notes.
Upon further discussion with City of Tigard Engineering staff in regards to '/� street
improvements it was decided that the future public improvements to SW Edgewood Street, be
postponed until such a time comes when it is feasible to accomplish a larger scale of public street
improvements to SW Edgewood Street. The applicant requests the city allow a future
improvement guarantee to be recorded prior to final partition plat approval. The document will
guarantee future '/z street improvements to SW Edgewood Street along the sites frontage. Per the
Development Code the city of Tigard Engineer determines the appropriate form for the future
improvement guarantee. No additional right of way or any other public street improvements are
proposed to SW Regina Lane due to the future realignment of it by the City of Tigard.
SAMTARY SEWER SYSTEM
The sanitary sewer system has been designed to scrve cach lot within the site. There is an
existing 15 foot wide public sanitary sewer easement that stubs into the sites southeastern
boundary per document number 95021448. The proposed system will tie into the existing public
sanitary sewer line as shown on the preliminary utilities plan submitted with this application.
STORM WATER
All storm water in the City of Tigard must be treated, detained and released in a controlled
manner to an approved location. The applicant proposes to pay a fee in lieu to the City of Tigard
to meet stormwater treatment standards. Stormwater is proposed to be directed towards SW
Regina Lane then to the downstream system that serves the area. The existing stormwater
drainage system east of the site has adequate capacity to serve the future development.
WATER SYSTEM
City of Tigard currently has a public water line located in the SW Edgewood Street. Parcel 1 is
already connected to the public water line in SW Edgewood Street and the future home will
utilize the existing service. A new water service that includes; separate (laterals and water
meters) will stubbed to serve Parcels 2 and 3 as shown on the preliminary utilities plan.
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Fifth Avenue Investments LLC
PARTIT[ON APPLICATION
Chapter 18.390
DECISION-MAKING PROCEDURES
18.390.010 Purpose
A. Purpose. The purpose of this chapter is to establish a series of standard decision-making procedures
that will enahle the Ciry, the applicant, and all interested parties to reasonafily review applications
and participnte in the local decision-making process in a timely and effective way. Each permit or
action set forth in Chapters 18.320- 18.385 has been assigned a specific procedarre type.
18.390.020 Description of Decision-Making Procedures
A. General. All development permit applications shall be decided by using one of the following
procedure types. The procedure type ussigned to each action governs the decision-making process
for that permit, except to the extent otherwise reqzrired by npplicable state or federa! /aw. The
Director shull be responsible for assigning specifrc procedure types to individua!permit or action
requests, as reyuested. Special alternative decision-making procedures huve been developed by the
City in accordance with existing state law, and are codified in Section 18.390.070.
B. Tvnes de rned. There are four types of decision-making proceclarres, as follows:
1. Type I Procedure. Type I proceditres apply to ministerial permits and actions containing clear
and objective approva!criteria. Type I actions are decided by the Director without public notice
and without a pirblic hearing;
2. Type II Procedure. Type II procedures apply to quasi judicial permits and actions that contain
some discretionary criteria. Type II actions are decided hy the Director with puhlic nntice and
an opportunity for a hearing. If any party with standing appeals a Director:s Type II decision,
the appea!of such decision will be heard by the Hearings O�cer;
3. Type III Procedure. Type III procedures apply to quasi judicial permits and actions thut
predominantly contain discretionary approval criteria. Type III actions are decided by either the
Heurings Office (Type III-HD) or the Planning Commission (Type III-PC), with appeals lo or
review by the City Council;
4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve
the creation, revision, or large-scale implementation of pzrblic policy. Type IV matters are
considered initially by the Planning Commission with fina!decisions made by the City Council.
C. Sarmmarv ofpermits by decision-makingprocedure rype. Table 18.390.1 summarizes the various land
use permits by the type of decision-making procedure.
TABLE I8.390.1
11(18.390.040) Access/Egress Adjustment 18.370.020 C3b
Conditional Use/Minor Modiftcation 18.330.030
Historic Overlay
- Exterior Alternation 18.740
- New Construction 18.740
- Demolition 18.740
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Fifth Avenue Investments LLC
PARTITION APPL[CATION
Home Occupation/Type li 18.742
Land Partitions� 18.420.050
Parking Adjustments '—"'
FINDING
The Applicant is requesting land use approval for a three (3) parcel partition. No variances or
adjustments are requested with this application. The approval requested is a Type II procedure
per table 18.390.1.
18.390.040 Type II Procedure
A. Preupplicution con erence. A preapp/ication conference is required for Type II actions.
Preapplication conference reguirements and procedures are set forth in section 18.390.080C.
FINDING
As required for a Type II procedure the necessary pre-application conference was held on
September 9, 2007 with City of Tigard staff to discuss the Applicant's proposal and to review
applicable policies, ordinance provisions, regulations, and technical data that would have to be
addressed for this particular land use review in the City of Tigard. The notes from the
preapplication conference are included with the application submittal package. Therefore, this
criterion is shown to be met.
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Fifth Avenue Investments LLC
PART1TfON APPLICATION
Application requirement.s.
1. Application Forms. Type II applications shall be made on forms provided by the Director as
provided by Section 18.390.080 El;
2. Submittal Information. The application shall.•
a. Include the information requested on the application form;
b. Address the relevant criteria in sufficient detail for review and action;
c. Be accompanied by the required fee;
d. Inckrde hvo sets oJ pre-stamped and pre-addressed envelopes for all property owners of
record as specified in Section 18.390.040C. The records of the Washington Cotrnry
Department of Assessment and Taxation are the official record.s for determining owner.ship.
The applicant shnll demonstrate thnt the most ci�rrent assessment records have been z�sed to
produce the notice list;
e. Include an impact study. The impact study shal! quant� 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�ufilic faciliry syslem and
type of impact, the study shall propose improvements necessary to meet City standards nnd to
minimize the impact of the development on the public at large, pufilic facilities systems, and
affected private properry users. In situations where the Communiry Development Code
requires the dedication of real property interests, the app/icant shall either specifically
concur with the dedication requirements, or provide evidence which sarpports the conclzrsion
that the renl property dedication requirement is not roughly proportional to the projected
impacts of the development.
FINDING
This application addresses all the information requested on the application form and all relevant
criteria of the Community Development Code. An impact study, addressing the effect of this
development on public facilities and services, has been included within the application narrative.
The required fees have been paid. Two sets of pre-stamped and pre-addressed envelopes for
noticing will be forwarded to the city when the applicant is notified that the application has been
deemed complete. All requirements of this section will be met.
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Fifth Avenue Investments LLC
PARTITION APPLICATION
Chapter 18.420
PARTITIONS
18.420.010 Purpose
A. Purpose. The purpose of this chapter is to provide rules, regulutions and standardr governing
approval of partitions.
18.420.020 Administration
A. �plicant. The applicant of a partition proposal shull be the recvrded owner of the property or
un authorized agent in writing.
B. Conformance with state statute. Any application for a land partition shal! be in conformity with
al!state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
C. Prohibition on sale of lots. No !ot or parcel to be created thrvugh the partitioning process shall
be sold until approval and filing of the final partition plat.
D. Futut-e re-division. When partitior�ing tracts into large parcels, tlie Director shall require that
the parcels be of size und shupe!o fucilitute future re partitioning of such parcels in accordance with
the requirements of the zoning district and this title.
FINDING
The applicant of the proposed partition plat is the recorded owner. As required by the General
Provisions of this section the proposed preliminary Partition Plat has been submitted
concurrently for review with this application. Upon approval of the Preliminary Plat, a final
Partition Plat will be submitted for final review reflecting all of the conditions of approval set
forth by the City and other applicable agencies. No larger lots could be created that could be
divided in the future with consideration to current zoning. Therefore, the criterion is met.
18.420.050 Approval Criteria
A. Approva!criteria. A request to partition land shall meet ull of the followin�criteria.
1.The proposed partition complies with u/1 statutory and ordinance requirements and regulutions.
FINDING
The proposed partition complies with all statutory and ordinance requirements.
2. There are adequate public facilities available to serve the proposa/.
FINDING
All public facilities are adequate and or available to serve the site.
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Fifth Avenue Investments LLC
PARTITION APPLICATION
3.All proposed improvements meet City and applicable agency standurds; and
FINDING
All proposed improvements will be designed to meet City and all other applicable agency
standards. All public future improvement designs will be reviewed by the City of Tigard and
other applicable agencies to ensure compliance with this criteria.
4. All proposed lots conform to the specific reqtrirements below.(a-h)
a. The minimum lot width of the building envelope area shal/ meet the lot requirement of the applicable
zoning district.
FINDING
Based on Table 18.510.2 of the City of Tigard Community development code the minimum lot
width requirement for detached homes in the R-4.5 zone is 50 feet. All three parcels exceed this
standard, therefore this it is met.
fi. The lot area shall be as regirired by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
FINDING
The minimum area in the R-4.5 zone for detached residential development is 7,500 square teet.
All three parcels will be over 7,500 square feet in total lot area. Minimum lot area requirements
are shown to be met by for all proposed parcels. A flag lot will be created as a result of this
application and the lot area within the accessway has not been included in the lot area
calculations. Therefore, this criteria is met.
c. Each lot created through the partition process shul!front u ptrblic right of way at least 1 S feet or have
a legally recorded minimum 1 S foot wide access easement.
FINDING
Parcel 1 will have 99 feet of public street frontage along SW Edgewood Street. Parcels 2 and 3
will have a sixteen foot wide access and utility easement legally recorded across the northern
boundary of Parcel 1 prior to the final partition plat being recorded. Therefore, this criterion is
met.
d.. Setbacl�s shall be as required by the applicable zoning district.
FINDING
Conceptual building envelopes are shown on the applicable site pians submitted with this
application to verify and graphically show that each parcel created can and will meet setback
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Fifth Avenue Investments LLC
PARTITION APPLICATION
standards. At the time of future development review setbacks will again be reviewed to ensure
compliance with this criteria.
e. 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 genera!!y be located so as to maximum
separation from existing structures.
FINDING
Parcels 2 and 3 will be created as flag lots. At the time future building permits are submitted the
developer will determine the location of the front yard with the understanding that no side yard
will be less than 10 feet. All future structures will be located as far from existing structures to
ensure maximum separation from existing structures. Therefore, this criteria can and will be met.
f. A screen shall be provided along the properry lirte of a lot oj record where the paved drive in an
uccessway is located within 10 feet of abutting !ot in accordance with Sections 18.745.050. Screening
may also be required tn maintain privucy for abutting lots and to provide usuable outdoor recreation
areas for proposed development.
FINDING
The proposed location of the private driveway for Parcels 2 and 3 will be located within 10 feet
of the tax lot (1602) to the north. A screen will be constructed along the north property line of
the subject site in accordance with section 18.745.050. Therefore this criteria is met.
g. The fire district may require the installation of a fire hydrant where the length of an accessway would
have a detrimenta!effect on fire-fighting cupubililies.
FINDING
The accessway as proposed meets current fire district standards. At the time of any future
development the TVF&R Fire District will have the chance to review and comment prior to any
future development.
h. Where a common drive is to be provided to serve more than one lot, u reciprocul easement which will
ensure access and maintenance rights shull be recorded with the approved purtition map.
FINDING
A reciprocal easement will be recorded with the final plat to ensure access and maintenance
rights for both parcels 2 and 3.
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Fifth Avenue Investments LLC
PARTITION APPLICATION
6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain,
the City shall reguire consideration of the dedication of su�cient open land area for greenway....
FINDING
The site is not within or adjacent to a floodplain and, as a consequence, no dedications are
required for a greenway adjoining or within the floodplain. Therefore, the criterion is met.
A.7. An application for a variance to the standards prescribed in this chapter shal! be made in
crccordance with Chapter 18.370, Variances and Adjtrstments. The applications for the partition and
variance(.$)/adjustment(s) will be processed concurrently.
FINDING
No variances or adjustments are requested with this application.
18.420.060 Final Plat Submittal Requirements
A. Submittal. All final plats fnr partitions shall be accompanied by three copies of the partition plat
prepared hy a land sa�rveyor or engineer licensed to practice in Oregon, and necessary data nr narrative.
The final plat shnl!incorporate any conditions of approval by the director as part of the preliminary plat
approval.
B. Standards. The partition plat and narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Stattstes (ORS 92.05) nnd by Washington County, as described in detail by information
provided by the Director at the time of application.
FINDING
The final partition plat will be prepared by a licensed land surveyor from the state of Oregon.
The final plat will incorporate all conditions of approval set forth as part of the preliminary plat
approval. At the time the final plat is submitted to the City of Tigard for review three copies of
the Partition Plat will be submitted and drawn to the minimum standards as outlined above in this
section.
Chapter 18.510
RESIDENTIAL ZONING DISTRICTS
18.510.010 Purpose
A. Preserve neighborhood livabilitv. One of the major purposes of the regtrlations governing
development in residential zoning districts is to protect the livafiility of existing and futtrre residential
neighborhoods, by encouraging primarily residentinl development with compatible non-residential
development -- schools, churches, parks and recreation facilities, day care centers, neighborhood
commercial uses and other services--at appropriate locations and at an appropriate scale.
B. Encourage construction of a,�fordable housinQ. Another purpose of these regulations is to create the
14
Fifth Avenue Investments LLC
PARTITION APPLICATION
environment in which construction of a ful!range of owner-occupied and rental housing at affordable
prices is encoura�;ed. This can be accomplished by providing residential zoning districts of varying
densities und developing,l�zible design and development standards to encoura�e innovution and
reduce housing costs.
18.510.020 List of Zoning Districts
D. R-4.5: Low-De�tsitv Residential District. The R-4.5 zoning district is designed to accommodate
detached single fumi/y homes with or without accessory residential units at a minimum lot size of
7,500 squure feet. Duplexes and attuc•hed single family units are allowed conditionally. Some civic
and institutional uses are permitted conditionally.
FINDING
The Applicant is proposing to partition the 0.61-acre site into three (3) parcels greater than 7,500
square feet in size for the future development of single family detached homes. The zoning of
the entire site is R-4.5. Therefore, the criterion is met.
18.S10.030 Uses
A. Types of uses. For the purposes of this chupter, 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 listed as a permitted use, it may be held to be a similar
unlisted used under the provisions oJChapter 18.230;
2. A restricted(R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer.
The approva!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 similur unlisted used under the provisions oj
Chapter 18.230;
4. A prohibited(N) use is one which is not permitted in a zoning district under any circumstances.
B. Use table. A list of permitted, limited, conditional and prohibited uses in residentia!aones is presented
in Table 18.SIOJ.
FINDING
The Applicant is proposing to build lots for single family detached homes, a permitted use in the
R-4.5 district. Therefore, the criterion is met.
18.SI0.040 Minimum and Maximune Densities
A. Purpose. The purpose of this section is to establish minimum and maximum densities in each
residentia/ zoning district. To ensure the quality and density of development envisioned, the
mcxximum density establishes the ceiling for development in each zoning district based on minimum
lot size. To ensure that properry develops at or near the density envisioned for the zone, the minimum
15
Fifth Avenue Investments LLC
PARTITION APPLICATION
density for each zoning district has been established at 80%of maximum density.
B. Calc:�lating minimzrm and maximum densities. The calcirlation of minimum and maximums densities
is governed by the formttlas in Chapter 18.71 S, Density Computations.
FINDING
Based on the density computations defined in Chapter 18.715 of the City of Tigard Community
Development Code, the maximum and minimum numbers of units permitted on the site are
based on the net developable area. The net developable area is determined by subtracting the
following uses from the total site area; sensitive land areas, land dedicated for public parks, land
dedicated for public right-of-way, land dedicated for private streets and a lot of at least the size
required by the applicable base zoning district, if an existing dwelling is to remain on the site.
Of the total site area, the following acreages will be subtracted to determine the developable
acreage: 0.02 acres (799 square feet) of right of way dedication along SW Edgewood Street, 0.05
acres (2,224 square feet) for the private drive and 0.00 acres of land with a slope greater than
25%. This leaves a total of 0.54 net developable acres or 23,708 square feet on the site, which
results in a maximum and minimum density requirement of 3.16 and 2.52 units respectively.
The Applicant's proposal to partition the site into 3 parcels falls within the density requirements
in an R-4.5 zone. Therefore, the criterion is met.
C. Adiustments. Applicants may request an adjustment when, because of the size of the site or other
constrarnt, it is not possible to accommodate the proportional minimum density ....
FINDING
No adjustments to density are requested for this particular application, as a result, this section of
the code does not apply to this land use review.
18.510.050 Development Standards
A. Compliance repuired. 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. Al!other applicable standards and reguirements contained in this title.
B. Development Standards. Development standards in residential zoning districts are contained in
Table 18.510.2.
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TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-Q.s Parcell Parcel2 Parcel3
Minimum Lot Size
-Deruched units �.s�� ��vl�� 7,555 S.F. 7,555 S.F. 9,055 S.F.
Averuge Minimum Lot Wrdth
so�r. 98 ft. 77 ft. 72 ft.
Muximum Ln1 Cnvernge(lnclades nll - - _ _
impervious ureac)
Minimum Selhucks
-Frontyurd 10 %�. Future Future Future
-.4ide%acingsrreeron IS Jr. building building building
corner&through lotc permit permit permit
-Side yard S Ji. review. review. review.
-Rc�ur yard l 5 f1.
-Dr.sfuitc<°hetn een En nperlr lnte�
und frnn!ofburuge Z�Jr.
Mcirimum Neight 30 fl. 30 jt. 30 Jt. 30 ft.
Mrnimum Lundscape Reyuirement - - - -
*Future setbacks wi!!be reviewed for complrance at the time of future deve/opment on a!!parcels.
FINDING
All three of the parcels will meet the minimum requirements as identified in the table above. At
the time of future building permits and final plat approval all of the above requirements will be
reviewed by the city to ensure compliance with the standards of the zone. Therefore, thc
standards can and will be met.
18.510.060 Accessory Structures
A. Permitted uses. Accessory structures are permitted by right in al! residential zones subject to the
following:
1. Dimensional requirements:
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a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square
feet. On sites 2.5 acres or larger, an accessory structtrre may not exceed 1,000 square feet;
b. An accessory strtrcture may not exceed 1 S jeet in height;
c. In no case shall the primary structure and accessory structure(s) exceed the maximzrm lot
coverage allowed in the base zone;
d. An accessory structure may not be located within the front yard setback;
e. An accessory structure must maintain a minimirm.ride and rear yard setback of five feet;
2. Non-dimensional requirements:
a. No accessory structure shaU encroach upon or interfere with the use of any adjoining
property or public right-of-way inchrding but not limited to streets, alleys and public and
private easements;
b. An accessory structure shall comply with all of the requirements of the Uniform Building
Code. All accessory structures except those /ess than 120 sguare feet in size require a
building permit;
c. An accessory structtrre which is non-conforming is subject to the provisions of Chapter
18.760, Non-Conrorming Situations, when an alternation, expansion or reconstruction is
requested,-
d. The erection of television receiving dishes on the roof of a structure is not permitted in any
residential zone.
3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving
dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798),
shall have setbacks egua! to or greater thnn the height of the proposed structure. Suitable
protective anti-climb fencing and a landscaped pinnting screen, in accordance with Chapter
18.745, Landscaping and Screening, shnll be provided and maintained nround these strtrctzrres
and accessory attachments.
FINDING
The Applicant is not proposing to build accessory structures as part of this partition application.
In the future, homebuilders or homeowners may wish to build accessory structures on their lots
and would need to comply with requirements of this section of the Code. Compliance will be
reviewed through the standard building permit process.
Chapter 18.705
ACCESS, EGRESS, AND CIRCULATION
18.705.010 Purpose
A. Purpose. The purpose of this chapter is to estafilish standurd.s nnd regulations for safe and efficient
vehicle access and egress on a site and for general circtrintion within tlre site.
18.705.020 Applicability of Provisions
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A. When provisia�s applv. The provisions of this chapter shall apply to al!development including the
construction of new structures, the remodelin�of existing structures(see Section 18.360.050), and to
a chan1 e�oruse wltich increases the on-site parking or loading requirements or which changes the
uccess requirements.
B. Change or enlurgement of use. Should the owner or occupant of a lot or building c{tange or enlarge
the use to wlrich lhe lot or building is put, thereby increasing access and egress requirements, it is
unlawful und is a violation of this title to begin or maintain such altered use until the provisions of
this chapter have been met ijreyuired or unti!the appropriate approval authvrity has approved the
change.
C. When site desig>n review is not required. Where the provisions of Chapter 18.360, Site Development
Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan
submitted under the I�rovisions of this chapter in conjunction with another permit or land use action.
D. Conllict 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.
FINDING
Currently, direct access is provided to the site via from an individual driveway onto SW
Edgewood Street classified as a local street. Access is proposed to Parcel 1 via a new individual
driveway which will intersect with Edgewood Street. Access to parcels 2 and 3 will be from 16
foot wide access and utilities easement which will travel in an east to west direction and intersect
with Edgewood Street. The access easements location will be along the northern boundaries of
Parcels 1 and.
18.705.030 General Provisions
A. Continuing obligation o��pertv owner. The provisions and maintenance of access and egress
stiptrlated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
B. Access plan reguirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and circulation
requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide
the applicunt with detailed injormation about this submission requirement.
C. Joint access. Owners of hvo or more uses, structures, or parce/s of land may agree to utilize jointly
the same access and egress when the combined access and egress of both uses, structures, or parcels
of land satisf es the combined requirements as designated in this titfe,provided.•
1. Sutisfuctory legal evidence shal! be presented in the form of deeds, easements, leases or
conlracts to eslablislr the joint use; and
2. Copies ojthe deeds, easements, leases or contracts are placed on permanent file with the City.
FINDING
Currently, access is provided to the site via SW Edgewood Street a public street. An individual
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driveway is proposed for parcel 1. A 16 foot wide ingress, egress and utility easement will be
created across Parcel 1 to serve Parcels 2 and 3. The proposed easement location is shown on
the preliminary partition plat.
The future owners of Parcels 2 and 3 will be responsible for the continued maintenance of the
private drive. A maintenance agreement detailing rights and responsibilities for both parcels will
be recorded with the final partition plat to ensure equal rights for both parcels and to ensure the
requirements of this section are met.
D. Public street access. AI! vehicarlar access and egress as required in Sections 18.705.030H and
18J05.030I shall connect direct/y with a public or private street npproved by the City for public use and
shal!be maintained at the reqttired standards on a continuolrs basis.
E. Curb cuts. Curb ctrts shal/be in accordance with Section 18.810.030N.
F. Reguired walkwav location. On-site pedestrian walkways shall comply with the following standnrds:
1. Walkways shal! extend from the ground floor entrances or from the groarnd floor landing of
stairs, ramps, or elevators of al! commercial, instittrtinnal, and industrial trses, to the streets
which provide the required access and egress. Walkwcrys shall provide convenient connections
between btri/dings in multi-bt�ilding commercial, institutional, and industria!complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments;
2. Within all attached housing (except two family dwellings) and marlti family developments, each
residentia!dwelling shall be connected by walkway to the vehiczrlar parking area, and common
open space and recreation facilities;
3. Wherever required walkways cross vehicle access drivewuys or�urking 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 separation
(curbed) or a minimzrm 3 foot horizontal separation, e.xcept that pedestrian crossings of traffic
aisles are permitted for distances no greater than 36 feet if appropriate land.scaping, pavement
markings, or contrasting pavement materials are used. Walkways sha!! be a minimtrm of four
feet in width, exclusive of vehicle overhangs and obstructions sttch as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards;
4. Reguired 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-sirrfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
FINDING
Each parcel adjoins a street, which provides direct access and egress. It will be the responsibility
of the homebuilder to meet the access and egress requirements of this section of the code, with
code compliance evaluated at the time that house plans are submitted for building permits. The
homebuilder will also be responsible for curb cuts for driveways and for the construction of all
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required driveways and walkways on their lots and all public sidewalks in the street right-of-way
that adjoins their lots. Therefore, the criterion can and will be met.
G. Inadeyuute or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed:
a. Would cause or increase e.risting hazardous traffic conditions; or
b. Would provide inadeyuate access for emergencv vehicles; or
c. Would irr any other wuy cause hazardous conditions to exisl 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 single family dwellings and duplex
lots shall be discouraged. Direct access to collector or arterial streets,shall be considered only
if there is no practica!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 neighborhood traffic management
(NTM) impacts deemed applicuble by the City Engineer. This may include, but will not be
limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle
to back out onto the roadway.
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single family
and duplex dwellings are exempt from this requirement.
FINDING
All parcels will have direct access to SW Edgewood Street classified as a local public
neighborhood street. The proposed access for all parcels should not cause any new hazardous
traffic conditions and will not cause a clear or present danger to the public health, safety and
general welfare of the general public. The parcels will not have direct access onto collector or
arterial road and, as a consequence, no direct access is proposed onto a collector or arterial road
with this application.
H. Access Munagement
1. An access report shall be submitted with ull new development proposuls which verifies design of
driveways and streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set hy ODOT, Washington County, the City and AASHTO(depending
on jurisdiction offacility.)
FINDING
An access report should not be required for three parcels with direct access onto a local street.
The site will generate an estimated 19.4 new daily vehicle tips per day allowing for the 1 existing
dwelling currently on the site. Traffic will be increased minimally as a result of this future
development. Therefore, this criterion is not applicable to this application.
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2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections..........
FINDING
The site is not located next to a collector or arterial street. Therefore the above criterion is not
applicable to this application.
3. The minimzrm spacing of driveways and streets along a collector shal!be 200 feet. The
minimttm spacing of driveways and streets along an arteria!shall be 600 feet.
4. The minimum spacing of loca!streets along a local street shall be 125 feet.
FINDING
The site is not located next to a collector or arterial street. No new local streets will be created to
access local streets as a result of this application and, as a consequence, the requirements of this
section of the Code do not apply to this land use review.
L Minimum access requirements.for residentia!use.
1. vehicular access and egress for single family, duplex or attached single family dwelling units on
rndividual lots and multi family residential uses shall not be less than as provided in Table
18.705.] and Table 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE(6 OR FEWER UNITS)
Number Dwelling Minimirm Number of Minimum Access Width Minimtem Pavement
UnidLots Driveways Reqirired Width
1 or2 1 IS' 10'
3-6 1 20' 20'
FINDING
The proposed Private Drive will serve only two parcels. In accordance with the table above the
easement will 16 feet wide and the proposed private drive has been designed to have an asphalt
width of 10 feet. The criteria for a private drive serving one or two single family dwellings is
met.
2. Vehicular access to multi family strt�ctures shall be brought to within SO feet of the ground floor
entrance or the ground floor landing of a stairway, ramp, or elevator lecrding to the dwelling
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units;
FINDING
The Applicant is not proposing to build multi-family structures on the site and, as a consequence,
the requirements of this section of the Code do not apply to this land use review.
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
FINDING
The Applicant is proposing a private residential access drive to provide access to parcels 2 and 3.
The drive will be provided and maintained in accordance with the provisions of the Uniform Fire
Code.
4. Access drives in excess of 1 SO feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following:
a. A circular, puved surface having a minimum turn radius measured from center point to
outside edge oj35 jeet;
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 jeet;.
c. The ma,rimum cross slope of a required turnuround is 5%.
FINDING
The proposed access drive is less than 150 feet in length and therefore an approved turn around
is not proposed or required. This criteria is not applicable to this application.
5. Vehicle turnouts, (providing a minimum total driveway width oj24 feet jor a distance of at least
30.feet), may be reyuired so as to reduce the need,/'or excessive vehicular backing motions in
situations where two vehicles lraveling in opposite directions meet on driveways in excess of 200
feet in length;
FINDING
The applicant is not proposing to build any new driveways in excess of 200 feet. Therefore, the
criterion is not applicable to this application.
6. Where permitted, minimum width for driveway approaches to arterials or collector streets shal/
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PARTITION APPLICATION
be no less than 20 feet so as to avoid traffrc tarrning from the street having to wait for traffic
exiting the site.
FINDING
No direct access onto a collector or arterial will be created as a result of this partition and, as a
consequence, the requirements of this section of the Code do not apply to this land use review.
J. Minimum uccess reguirements for commercial and inda�strial use.
1. Vehicle access, egress and circulntion for commercial and industria! use shall not be less than
21 a.s provided in Table 18.705.3;
FINDING
There are no commercial or industrial uses that will occur on the site and, as a consequence, the
requirements of this section of the Code do not apply to this land use review.
K One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic
Jlow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance
drive shall be situated closest to oncoming traffic und the exit drive shall be situated farthest from
oncoming tra�c.
FINDING
No parking facilities are proposed, as a consequence, the requirements of this section of the Code
do not apply to this particular land use review.
Chapter 18.715
DENSITY COMPUTA TIONS
18.71 S.01 D Purpose
A. Pzrrpose. The purpose of this chapter is to implement the comprehensive plan by establishing the
criteria for determining the nzrmber of dwelling trnits permitted.
18.715.020 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s)from the gross acres, which is al! of the land included in the
lega!description of the property to be developed:
1. All sensitive land areas:
a. Land within the ]00 yearfloodplain;
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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 actual information is not available, the
following formulas may be used:
a. Sin�le family development: allocate 20%ofgross acreage;
b. Multi family development: aJlocate 1 S%of gross acreage.
4. All land proposed for private streets; and
5. A lot of ut least the size required by the applicable buse zoning district, if an existing dwelling is
to remain on the site.
B. Calculating mc�,rimum nirmber orresidential units. To calculate the maximum ntrmber ojresidential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet reyuired for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residentia! units per net acre shall be calculated by multiplying the mcz,rimum number of
units determined in Subsection B above by 80%(0.8).
FINDING
Based on the density computations defined in Chapter 18.715 of the City of Tigard Community
Development Code, the maximum and minimum numbers of units permitted on the site are
based on the net developable area. The net developable area is determined by subtracting the
following uses from the total site area; sensitive land areas, land dedicated for public parks, land
dedicated for public right-of-way, land dedicated for private streets and a lot of at least the size
required by the applicable base zoning district, if an existing dwelling is to remain on the site.
Of the total site area, the following acreages will be subtracted to determine the developable
acreage: 0.02 acres (799 square feet) of right of way dedication along SW Edgewood Street, 0.05
acres (2,224 square feet) for the private drive and 0.00 acres of land with a slope greater than
25%. This leaves a total of 0.54 net developable acres or 23,708 square feet on the site, which
results in a maxiinum and minimum ciensily requirement of 3.16 and 2.52 units respectively.
The Applicant's proposal to partition the site into 3 parcels falls within the density requirements
in an R-4.5 zone. Therefore, the criterion is met.
18.715.030 Residential Density Transfer
A. Rules governing residential densitv trans er. The units per ucre calculated..........
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FINDING
The Applicant is not proposing a residential density transfer and, as a consequence, the
requirements of this section of the Code do not apply to this land use review.
Chapter 18.745
LANDSCAPING AND SCREENING
]8.745.010 Purpose
A. Parrpose. The purpose of this chapter is to establish standards for landscaping, buffering, and
screening of land trse within Tignrd in order to enhance the aesthetic environmental quality of the
City:
1. By protecting existing street trees und reyiriring the planting of street trees in new developments;
2. By z�sing plant materials as a un�ing element;
3. By using planting materials to define spaces and articulate the trses of specific areas; and
4. By using trees and other landscaping materials to mitigate the efjects of the sun, wind, noise and
lack of privacy by!he provision of bzrffering and screenin�.
18.745.020 Applicability
A. �plicabilitv. The provisions of this chapter shall apply to nl!development including the constrttction
of new structerres, remodeling of existing structures where the landscaping is nonconforming (Section
18.760.040C), and to a change of trse which results in the need for increased on-site parking or
loading reguirements or which changes the access requirements.
B. When site development review does not a�lv. Where the provisions of Chapter 18.3h0, Site
Development Review, do not apply, the Director shal! approve, approve with conditions, or deny a
plan submitted zrnder the provisions of this chapter by means of a Type I procedzrre, as governed by
Section 18.390.030, using the applicable standnrds in this chapter.
C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the
applicant with detalled information about this submission requirement.
FINDING
The Applicant is proposing to develop the site a 3 future lots with single-family detached homes
and, as a consequence, certain provisions of this chapter of the Code are applicable to this land
use review. Preliminary Plans have been submitted with this application showing the location of
all proposed future street trees on the site. Landscape plans for individual lots are not required
with this application because there is not a minimum landscaping requirement in the R-4.5 zone.
It will be the responsibility of each individual homeowner to choose how to landscape and
maintain their yards. No open space is proposed. No other landscaping aside from street trees is
proposed with this application. Therefore, the criterion is met.
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I
i
]8.745.030 General Provisions
A. Obligation to maintain. Unless otherwise provided by the lease agreement, lhe owner, tenant and his
ugent, if any, shall be jointly and severally responsible for thc maintenance oJ all landscaping and
screening which shal! be muintained in good condition so as to present a healthy, neat and orderly
appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and
debris.
B. Pruning required. AI! plant growth in landscaped areas of developments shall be controlled by
pruning, tri�nming or otherwise so that:
1. It will not interfere witlr the maintenance or repair of any public utility;
2. It wi!!not restricl pedestrian or vehicular access; and
3. It wil!not constitute a tra�c hazard because of reduced visibility.
C. Installution requirements. The installation of all landscaping shal!be as follows:
1. All landscaping shall be installed according to accepted planting procedures;
2. Tlte plant matef�ials shall be of higli gr-ade, and sltul!meet tlte size and gruding standurds oJthe
Americun Stundurds jor Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and
3. Landscaping shal!be insialled in accordance with the provisions of this title.
D. Certircate o Occupanc� Certificates of occupancy shall not be issued unless the landscaping
requirements have been met or other arrangements have been made und approved by the City such as
the posting of a bond.
FINDING
As required by the Code, street trees will be planted within the site. In order to insure that tree
locations will not conflict with future driveways and trees will not be damaged in the
construction process, the Applicant is proposing that the planting of these trees will be the
responsibility of the homebuilders. Street tree locations can be confirmed at the time of the
building permit review and all street trees would have to be installed before a certificate of
occupancy would be issued. Lot owners would ultimately be responsible for the care and
maintenance of these trees in the right-of-way that abuts their lot. Therefore, the criterion is met.
E. Protection o existing vegetation. Existing vegetation on a site shall be protected as much as possible:
1. The developer shall provide methods for the protection of existing vegetation to remain during
the construction process; and
2. The plants to be suved shall be noted on the landscape plans (e.g., areas not to be disturbed can
be Jenced, as in snow fencing which can be placed around individua!trees).
FINDING
Virtually all developments will require the removal some of the existing vegetation onsite to
comply with construction requirements, standards for streets, utilities, ensure proper grading for
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site drainage, and to build homes on individual lots. All of the above described activities
contribute to the need to clear some of the vegetation on the site. The applicant will make every
reasonable effort to protect as much existing vegetation on the site as possible. The vegetation
to be saved will be protected using methods described above. Therefore, the criterion is met.
F. Care of landscaping along paeblic rights-of-wa�Appropriate methods for the care and maintenance
of street trees and land.rcaping materials shall be provided by the owner of the property abutting the
rights-of-way unless otherwise reqtrired for emergency conditions and the safery of the general
public.
FINDING
As required by the Code, individual lot owners will be responsible for the maintenance of street
trees and landscaping in the public right-of-way that abuts their lot. Therefore, the criterion is
met.
G. Conditions of approval of existing vegetation. The review procedures and standard.s for required
landscaping and screening shall be specified in the conditions of approval dtrring development
review and in no instance shall be less than lhat required for conventional development.
FINDING
The Applicant understands this requirement and is willing to meet all reasonable conditions of
approval applied to the project that relate to landscaping and screening. Therefore, the criterion is
met.
K Height restrictions abtrttingpublic rights-of-wa� No trees, shrt�bs or planting.s more than 18 inches
in height shal! be planted in the public right-of-way abutting roadways {taving no established ctrrb
and gutter.
FINDING
The Applicant will follow the requirements of this section of the Code when developing future
landscape plans for the site. Therefore, the criterion is met.
I8.745.040 Street Trees
A. Protection of existing vegetation. All development prnjects fronting on a public street, private street
or a private driveway more than 100 feet in length approved after the adoption qf this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040 C.
B. Street tree plunting list. Certain trees can severely damage utilities, streets and sidewalh-s or can
cause personal injury. Approva!of any planting list shal!be subject to review fiy the Director.
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C. Size and spacing ofstreet Irees.
1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of
rivo 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:
u. Smul! or nurrow-stuture trees under 25 feet tall and less than 16 feet wide branchtng at
maturity shal!be spaced no greater than 20 feet apart;
b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturiry shall
be spaced no greater than 30 feet npart;
c. Large trees vver 40 feet tall and more than 35 feet wide branching at maturity shal! 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 private
driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to
muintuin visuul cleurunce;
e. No new utiliry pole location shall be established closer than five feet to any existing street
tree;
f. Tree pits shall be located so us not to include utilities (e.g., water and gas meters) in the tree
well;
g. On�remises utilities (e.g., water and gas meters) shal! not be installed within existing tree
wel!areus;
h. Slreet trees shcrll 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 e,rcept
when public safety dictates, then they may be positioned no closer than 10 feet;
j. Where there are overhead power lines, the street tree species selected shall be of a type
which, at ful!maturity, will not interfere with the lines;
k. Trees shall not be planted within two feet from the face of the curb; and
l. Trees shall not be planted within hvo feet of any permunent hard surface paving or walkway:
(I) 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 lree planting shall be at least four by four feet to allow for
air and water into the root urea.
D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance
above sidewalks and 13 feet above locu! street, 1 S feet above co!lector street, and 18 feet above
arteria!street roadway surfaces.
E. Cut and Tll around exisling [rees. Ezisting trees may be used as street trees if no cutting or filling
takes place within the drip-line of the tree unless un adjustment is upproved by the Director by means
of a Type I procedure, as governed by Section 18.390.030, using approval criteriu in Section
18.370.020 C4a.
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PARTITION APPLICATION
F. Replacement of street trees. Existing street trees removed by develo�ment projects or other
constrirction shal/ 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 zmless
lesser sized alternatives are approved by the Director.
G. Grantingo�diustments. Adjustments to the street tree requirements may be granted by the Director
by means of a Type I procedtrre, as regulated in Section 18.390.030, trsing approval criteria in
Section 18.370.020 C4b.
K 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, Visua! Clearance, are
satisfred.
FINDING
A preliminary plan showing future street tree locations has been included with this application.
The plan indicates the type, size and general location of all trees to be planted on the site. Street
trees have been spaced according to the guidelines outlined above. The exact location for future
street trees will be determined after utility boxes, utility trenches, lighting standards and
driveways have been located and will be shown on the plot plan that will be submitted with the
construction drawings required for a building permit review. Tree planting will be the
responsibility of the homebuilder, with the completion of the task tied to the issuance of the
certificate of occupancy. Based on the standards established by the Code, each builder will be
required to plant a street tree on each lot. Therefore, the criterion can and will be met.
l8.745.050 Buffering and Screening
A. Ceneral nrovisions.
I. It is the intent that these reyuirements shall provide for privacy and protectinn and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, withotrt tmduly
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 Lrses which nre of a
different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The
owner ojeach proposed development is responsible for the installation and effective maintenance
of buffering and screening. When different arses would be abutting one another except for
separation by a right-of-way, ba�ering, but not screening, shal! be required as specified in the
matrix;
3. In lieu of these standards, a detailed buffer area land.scaping and screening plan may be
submitted for the Director's approval as an alternative to the barffer area landscaping and
screenin�standards, provided it nfford.s the same degree of bzrffering and screening as required
by this code.
B. Buffering and screening reyuirements.
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1. A buffer consists of an area within a required setback adjacent to a property line and having a
depth equal to the amount specified in the buffering and screening matrix and containing a length
equal to the length of the property line of the abutting use or uses;
2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parking areas shal!be allowed in a buffer area except
where an accessway ha.s been approved by the City;
3. A fence, hedge or wull, or any combination of such elements, which are located in any yard is
subject to the conditions and requirements of Sections 18.745.OSO.B.8 and 18.745.OSO.D;
4. The minimum improvement.s within cr buffer area shall consist of combinations for landscaping
and screening as specifted in Tuble I8.745.1. In addition, improvements shall meet the following
specrfrcations:
a. At least one row of trees shall be planted. They shal!have a minimum caliper of two inches
ut four feet in height above grade for deciduous trees and a minimum height of five feet high
for evergreen trees at the time of planting. Spacing for trees shall be as follows:
(1) Small or narrow-stature trees, under 25 feet ta!! or less than 16 feet wide at maturity
shall be spaced no further than 1 S feet apart;
(2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 jeet wide
brunching at maturity shall be spaced no greater than 30 feet apart;
(3) Large trees, over 40 feet ta/1 and with more than 35 feet wide branching at maturity, shall
be spaced no greater than 30 feet apart.
b. In addition, at least 10 five-gallon shrubs or 20 one-gallon s{trubs shall be planted for each
1,000 square feet of reyuired buffer area;
c. The remaining area shal!be planted in lawn or other living ground cover.
S. Wlrere screening is required the following standards shall apply in addition to those required for
buffering.•
a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four-
foot continuous screen of the height specified in Table 18.745.2 within two years of planting;
or
b. An earthen berm planted with evergreen plant materials shall be provided which will form a
continuous screen ojthe height specified in Table 18.745.2 within two yeurs. The unplanted
portion of the berm shall be plunted in lawn or other living ground cover; or
c. A fence or wall oj the height specified in Table 18.745.2 shall be constructed to provide a
continuous sight obscuring screen.
6. Buffering and screening provisions shal! be superseded by the vision clearance requirements as
set forth in Chupter 18.795;
7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of
required fences, walls, or landscupe screening shall be measured jrom the actual grade of the
udjoining property. In this case,fences and walls may exceed the permitted six foot height at the
discretion of the director as a condition of approval. When the grades are so steep so as to make
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the insta!lation of walls, fences or land.scaping to the required height imPractical, a detailed
landscape/screening plan shall be strbmitted for approval;
FINDING
Section 18.420.OSO.A.4.f requires a private driveway that is located within 10 feet of an abutting
property line to be screened. The proposed private drive location will be within 10 feet of tax lot
1602 to the north. A six foot tall good neighbor fence is proposed to be constructed along the
north property line to provide continuous sight obscuring screening for the lot to the north. The
proposed screening is consistent with the standards outlined above. Therefore this criterion is
met.
8. Fences and walls
a. Fences and wa/ls shall be constructed oJany materials commonly used in the constrerction of
fences and walls sarch as wood, stone, rock or brick, or otherwise acceptable by the Director;
b. Such fence or wall construction shall fie in compliance with other City regtr/ations;
c. Walls shal!be a minimum of six inche.s thick; and
d. Chain link fences with slats shall qual�for screening. However, chain link fences withotrt
slats shall reyuire the planting of a continuous evergreen hedge to be considered screening.
FINDING
The Applicant is proposing to build a sight obscuring fence along the north property line. The
fence will be constructed with materials approved by the director and will be built in full
compliance with the City of Tigard regulations for fencing.
9. Hedges
a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a
sight-obscuring fence where required subject to the height requirement in Sections
18.745.040 C2 a and b;
b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced
with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the
purpose of obsctrring view,-and
c. No hedge shall be grown or maintained at a height greater thnn that permitted by these
regulatinns for a fence or wall in a vision clearance area as set forth in Chapter 18.795.
FINDING
The Applicant is not proposing to plant new hedges on the site. Therefore, this criterion is not
applicable to this application.
C. Setbacks or fences or wall.s.
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1. No fence or wall shal! be constructed which exceeds the standards in Section 18.745.OSO.C.2
except when the approval authority, as a condition of approval, allows that a fence or wull be
constructed to a height greater than otherwise permitted to mitigate against potential adverse
effects;
2. Fences or walls:
a. May not exceed three_feet in height in a reguired front yard along loca!streets or eight feet in
all other locations and, in all other cases, shal! 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 arterial or
collector street. For any fence over t{tree feet in height in the required front yard area,
permission shal!be subject to administrative review of the location of the fence or wall
3. All fences or walls shal!meet vision clearance area requirements in Chapter 18.795;
4. Al!fences or walls greater than si,r feet in height shal!be subject to building permit approval.
FINDING
The fence will be constructed in full compliance with regards all City of Tigard regulations.
Therefore, the criterion is met.
D. Height restrictions.
1. The prescribed heights of required fences, walls or landscaping shall be measured from the
actual adjvining level of finished grade, except that where parking, loading, storage or similar
areas are located above finished grade, the height oJfences, walls or landscuping required to
screen such areas or space shall be measured from the level of such improvements;
2. An earthen berm and fence or wal!combination shall not exceed the six foot height limitation for
screening.
FINDING
The fence will be constructed in full compliance with regard to all City of Tigard regulations.
Therefore, the 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 specia!design features which effectively screen
the parking/ot ureus from view. These clesign features may include the use of landscaped
berms, decorative walls und raised plunters;
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(2) Landscape planter.s may be used to define or screen the appearance of off-street parking
areas from the pufilic right-nf-way;
(3) Materials to be installed should achieve a balance between !ow lying and vertical
shrarbbery and trees;
(4) Trees shall be planted in landscaped island.s in all parking areas, nnd shall be equally
distributed and on the basis of one tree for each seven parking spaces in order to provide
a canopy effect; and
(S) The minimum dimension of the lundscape islands shall be three feet and the land.scaping
shall be protected from vehicular damc�ge by some form of whee!gunrd or curb.
2. Screening of service facilities. ExcePt for one family and two-family dwellings, any refirse
container or disposal area and service facilities such as gas meters and air conditioners which
wottld otherwise be visible from a parblic street, customer or resident parking area, any publie
facility or any residential area shall be screened frnm view by placement of a solid wood fence or
masonry wall between five and eight feet in height. All refi�se materials shcr!!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, masonry wal!or evergreen hedge. All refuse shall
be contained within the screened area.
FINDING
The Applicant is not proposing new parking or loading areas, service facilities, swimming pools
or screening of refuse areas and, as a consequence, the requirements of this section of the Code
do not apply to this land use review.
18.745.060 Re-vegetation
A. When re-ve�etation 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 strarcttrres,
such areas are to be replanted as set forth in this section to prevent erosion after constrzrction
actrvities are completed.
B. PreJ�aration.f�r re-vegetation. Topsoil removed from the surface in preparation for grading and
constructron is to be stored on or nenr the sites nnd protected from ernsinn while grading operations
are underway; and
1. Such storage may not be locuted where it would cause strffocation of root systems of trees
intended to be preserved,� and
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2. After completion oJ such grading, the topsoil is to be restored to exposed cut and fill
embunkmenis or building pads to provide a suitable base fvr seeding and planting.
C. Methods o1're-vegetation.
1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley,
nr other seed with equivafent germination rates, and.•
u. Where luwn or turf grass is to be established, lawn grass seed or other appropriate
landscupe cover is to be sown at not less than jour pounds to each 1,000 square feet of land
area;
b. Other re-vegetation methods offering equivalent protection may be approved by the approval
authorlty;
c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and
d. The use of native plant materials is encouraged to reduce irrigation and maintenance
demands.
FINDING
Site grading and the installation of infrastructure will remove natural vegetation from the site that
will need to be replaced once construction has been completed. To reduce impacts from erosion,
the Applicant will follow the site preparation and re-vegetation procedures outlined in this
section 18.745.060 of the Code. Therefore, the criterion is met.
Chapter 18.765
OFF-STREET PARKING AND LOADING REQUIREMENTS
18.765.010 Purpose
A. Insure udeyuute vehicle parkin� These parking requirements are intended to provide sufficient
vehicle purking in close proximity to Ihe various uses for residents, customers and employees, and
to establish slandards which will maintain the Iruffic carrying-capacity of neurby streets.
B. Adequate capercit� These regulations are also intended to establish vehicle parking areas which
have adequate capacity and which are appropriately located and designed to minimize any
hazardous conditions on the site and at access pvints.
18.765.020 Applicability of Provisions
A. New constrzrction. At the time of the erection of a new structure within any zoning district, off-
street vehicle purkin�will be provided in accordance with Section 18.765.070.
FINDING
The Applicant is proposing 3 future parcels that will be either developed by the owner and or
sold to other homebuilders. All homebuilders will be required to meet the standards of this
section of the Code as part of the building permit review process. The standards require a
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minimum of one off-street parking space for each single family detached house. It should be
noted that all parcels will have a large enough building footprint to feasibly construct a two-car
garage and a two-car driveway that will accommodate at least four cars. Based on the size and
configuration of the lots being proposed, all lots can and will meet the requirement for a single
off-street parking space. Therefore, the criterion is met.
D. When site design review is not required. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny a
plan submitted under the provisions of this chapter by means of a Type I review, as governed by
Section 18.390.030.
FINDING
Site design review is not required with this application this criterion does not apply.
E. Building permit conditions. The provision and maintenance of off-street vehicle parking and
loading spaces are the contint�ing obligation of the properry owner:
1. No building or other permit shall be isstred irntil plans are presented to the Director to show
that property is and will remain available for exclusive use as off-street vehicle parking and
loading space; and
2. The subsequent use of property for which the building permit is issued shall fie conditional
trpon the arnqua/ified continuance and availability of the amount of vehicle parking and loading
space reqtrired b��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 be used for storage of vehicles or material.s or for the parking of trzrcks used in condt�ct
of the business or use;and
c. Not be rented, leased or assigned to any other per.son or organization.
FINDING
The Applicant does not intend to build any new homes at this time. The Applicant will not be
building any new off-street parking areas as part of this application. As a consequence, this
section of the Code does not apply to this land use review. Therefore, the criterion above is not
applicable to this application.
18.765.030 General Provisions
A. Vehicle parkingplan 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
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circulation requirements are to be fulfilled. The upplicant shull submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
B. Location of vehicle parking The location of off-street parking will be as follows:
1. Off-street parking spaces for single fumi/y and duplex dwellings and single family attached
dwel/ings shal!be/ocated on the same!ot with the dwelling(s);
2. Off-street parking lots for uses not listed above shall be located not further than S00 feet from
the properry line that they are required to serve, measured along the most direct, publicly
accessible pedestrian route from the property line with the following exceptions:
FINDING
The Applicant is intending to either develop lots but may choose to sell the lots to one or more
hoinebuilders. The homebuilder will be required to meet the standards of this section of the
Code. The Applicant is proposing lot sizes that will support a house with a two-car garage and a
driveway with two additional parking spaces for cars. Homebuilders should have no difficulty
meeting the requirements of this section of the Code. Therefore, the criterion is met.
E. Curb cuts. Curb cuts shaU be in accordance with Section 18.810.030N.
NINUING
All curb cuts will be in accordance with Section 18.810.030.N.
18.765.070 Minimunz and Maximum Off-Street Parking Require»rents
A. Parking reqa�irements for unlisted uses.
1. The Director may rule that a use, not specifically 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
huve the same effect as an amendment to this chapter.
FINDING
The type of use proposed is a permitted use in the zone. The above criterion is not applicable to
this application.
C. Meusurements. The following measurements shal! be used in calculating the tota! minimum
number of vehicle parking spaces required in Sectivn I8.765.070.H:
1. Fractions. Fractional space requirements shal!be counted as a whole space;
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2. Employees. Where employees are specified for the purpose of determining the minimum vehicle
parking spaces required, the employees counted are those who work on the premises-during the
largest shift at the peak season;
3. Students. When stzrdents are specified for the purpose of determining the minimtrm vehicle
parking spaces required, the students counted are those who arc on thc campus dtrring the peak
period of the day during a typical school term;
4. Space. Unless otherwise specified, where sqzrare feet are specified, the area mea,sured shall be
gross floor area under the roof ineasured from the faces nf tlre structure, excluding only space
devoted to covered off-street parking or loading.
FINDING
The Applicant is proposing to develop 3 lots on the site for single-family detached homes.
Based on the requirements of this chapter of the Code, one parking space is required for each
dwelling unit. The Applicant is proposing lot sizes that will support a house with a two-car
garage and a driveway with two additional parking spaces for cars. This project will not create
fractional space requirements and the remaining provisions of this section of the Code do not
apply to this land use review.
D. Exclusions to minimum vehicle parking requirements. The following shall not be counted toward.s
the computation of the minimum parking spaces as required in Section 18.765.070.H:
1. On-street parking. Parkin�spaces in the public street or a/ley shall not be eligible as firlfilling
any part of the parking reguirement except; Religiotts Institaitions may count on-street parking
around the perimeter of the use provided that the following criteria have been satisfied:
n. The on-street parking is on a street that is designed and physically improved to
accommodate parking within the right-of-way;
b. The street where on-street parking is proposed is not located on Inca!residential streets.
2. Fleet parking Required vehicle parking spaces may not be assed for stora�Te of fleet vehicles,
except when a use can show that employee and fleet parkin�spaces are used interchangeably,
e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage
only at niglTt and are available for employee use during the day. For the purposes of this title,
space exclusively devoted to the storage of f1'eet vehicles will be considered as ozrtdoor storage.
FINDING
There are no maximum parking requirements for single-family detached housing and, as a
consequence, the requirements of this section of the Code do not apply to this land use review.
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F. Reductions in minimum required vehicle parking. Reductions in the reguired number of vehicle
parking spaces may be permitted as follows: ...........
FINDING
Based on the requirements of this chapter of the Code, one parking space is required for each
dwelling unit. The Applicant is proposing lot sizes that will support a house with a two-car
garage and a driveway with two additional parking spaces for cars. The Applicant is not seeking
a reduction in the off-street parking requirements for this project. Therefore, this criterion does
not apply. A reduction to the off-street parking requirements is not requested. Therefore, this
criterion does not apply.
G. Increases in maximum required vehicle parkin� The Director may increase the total mcrximum
number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be
reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval
criteria contained in section 18.370.020.C.S.d.
FINDING
Tliere are no maximum parking requirements for single-family detached housing and, as a
consequence, the requirements of this section of the Code do not apply to this particular land use
review.
H. �ecific requirements. (See Table 18.765.2)
FINDING
The Applicant is proposing to develop 3 new lots on the site for single-family detached homes.
Based on the requirements of this chapter of the Code, one parking space is required for each
dwelling unit. The Applicant is proposing lot sizes that will support a house with design for a
two-car garage and a driveway with two additional parking spaces for cars. The parking
requirements are shown to be met.
Chapter 18.775
Sensitive Lands & Steep Slopes
FINDING
The site does not have any sensitive lands or steep slopes on it. Therefore this section of the
code is not applicable.
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Chapter 18.790
TREE REMO YAL
18.790.010 Purpose
A. Value o trees. After years of both natural growth and planting by resident.s, the City now fienefits
from a large number of trees. These trees of varied rypes ndd to the aesthetic beatrty of the
commtrnity, help clean the air, help control erosion, maintain water qaraliry and provide noise
barriers.
B. Ptrrposes. The purposes of this chapter are to:
1. Encourage the preservation,planting and replacement of trees in !he Ciry;
2. Regz�late the removal of trees on sensitive lands in the City to eliminate unnecessary removal of
trees;
3. Provide for a tree plan for developing properties;
4. Protect sensitive lands from erosion;
5. Protect water guality;
6. Provide incentives for tree retention and protection; and
7. Regulate commercial forestry to control the removal of trees in an urban environment.
C. Recognize need for exceptions. The City recognizes that, notwithstanding these parrposes, at the time
of development it may be necessary to remove certain trees li1 order to accommodate strtrcttrres,
streets utilities, and other needed or required improvements within the development.
18.790.030 Tree Plan Reqirirement
A. Tree plun reguired. A tree plan for the planting, removal and protection of trees prepared by a
certified nrborist shall be provided for any lot,parcel or combination of lots or parcel.s for which a
development application for a szrbdivision, partition, site development review, planned development
or conditional ttse is filed. Protection is preferred over removnl wherever possrble.
B. Plan reqarirements. The tree plan shall include the following:
1. Identification of the location, size and species of al! existing trees includin� trees designated as
significant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shal! be e.rcltrsive of trees required by other
development code provisions for land.scaping, 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 18J90.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that hvo-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
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c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that SO
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation.
3. Identification of al!trees which are proposed to be removed,�
4. A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
C. Subsequent tree removal. Trees removed within the period of one year prior to a development
application listed above wil! be inventoried as part of the tree plan above and will be replaced
according to Section 18.790.060D.
FINDING
Tree Care & Landscapes Unlimited, a certified arborist, has prepared a tree assessment for the
site which has been included with the application. The arborist has identified 7 trees on the site
that are greater than six inches in diameter. Two (2) out of the seven trees on the site are exempt
because they are a fruit bearing species. The other five trees are regulated all over 12 inches in
diameter and listed in "good" or "fair" condition on the arborist report. The total diameter of the
(5) healthy trees greater than 12 inches on the site is 132"inches.
Four out of the five trees greater then 12 inches on the site for a total of 70 diameter inches or are
proposed to be cut to accommodate development and one (1) tree is proposed to remain on the
site. The tree proposed to be saved is tree#5. Tree #5 will be protected using methods as shown
on the Tree Preservation Plan. With 46.9% tree retention on the site, the Applicant must provide
mitigation for 2/3 of the trees that are proposed to be removed. The (4) healthy trees that are
proposed to be cut have a total DBH of (70) diameter inches. To meet the mitigation
requirements of this section of the Code, the Applicant will plant (48) diameter inches of trees
within the Site. Refer to the proposed Tree Mitigation Plan, enclosed with this application for
proposed tree mitigation locations.
Tree#5 will be insured protection by filing a notice of development restriction on Parcel 1. The
applicant will record a notice of development restriction prior to final plat approval or prior to
certificate of occupancy being issued on parcel 1. The tree removal plan submitted by the
applicant clearly illustrates which trees will be impacted by the private drive, utilities and future
home construction on all lots. Please reference tree Exhibits for more specific information in
regards to calculations, tree removal and proposed tree preservation.
18.790.040 Incentives for Tree Retention
A. Incentives. To assist in the preservation and retention of existing lrees, the Director may apply one or
more of the following incentives as part of development review upproval and the provisions of a tree
pinn according to Section 18.790.030:
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B. Subseyarent removal of a tree. Any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal
under any other section of this chapter. The property owner shall record a deed restriction as a
condition of approval of any development permit affected by this section to the effect thnt sarch 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 tf 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.
C. Site development modifications granted as incentives. A modification to development requiremenis
granted t�nder this section shall not con�lict with any other restriction on the zrse of the property,
including but not limited to easements and conditions of deve/opment approval.
D. Design modi ications ofpublic improvements. The City Engineer may adjust design specifications of
public improvements to accommodate tree retention where possib/e and where it would not interfere
FINDING
The Applicant is not requesting any of the above incentives to accommodate tree retention.
I8.790.OSO Permit Applicability
A. Remova!permit required. Tree removal permits shall be required only for the removal of any tree
which is located vn 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, a,s governed fiy Section 18.390.030, arsing the
following approval criteria:
1. Removal of the tree must not have a measurable negative impact on erosion, soil stability,flnw nf
surface waters or water guality as evidenced by an erosion control plan which preclzrdes:
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 water over bare soils; turbid or sediment-laden flows; or
evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not
filtered or captured on site using the techniques of Chapter S of the Washington County
Unified Sewerage Agency Environmental Protection and Erosion Control rules.
2. Within stream or wetland corridors, as defrned as 50 feet from the botrndary of the stream or
wetland, tree removal must maintain no less than a 75%canopy cover or no less than the existing
canopy cover if the existing canopy cover is less than 75%.
42
Fifth Avenue Investments LLC
PARTITION APPLICATION
FINDING
No Sensitive Lands exist on site. Therefore, the criterion does not apply.
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5`h Ave Investments
PARTITION APPLICATION
Chapter 18.795
VISUAL CLEARANCE AREAS
18.795.010 Purpose
A. Purpose. The purpose of this chapter is to establish standard.s which will assure proper sight
distances at intersections to redtrce the hazard from vehicular turning movements.
18.795.020 Applicability of Provisions
A. When provisions appl� The provisions of this chapter shall npply to all development incltrding the
constrtrction of new structures, the remodeling of existing structures and to a change of trse which
increases the on-site parking or loading requirements or which changes the access requirements.
B. When site development review is not required. Where the provisions of Chapter 18.330, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny a
plan submitted under the provisions of this chapter through a Type I procedure, as governed by
Section 18.390.030, using the standards in this chapter as approval criteria.
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 rai/road, or a
driveway providing access to a public or private street.
B. Obstrtrctions prohibited. A clear vision area shall contain no vehicle, hedge, planting,fence, wal!
strtrcture or temporary or permanent obstruction (except for nn occasional utility pole or tree),
exceeding three feet in height, measured from the tnp nf the curb, or where no curb exist.s,from the
street center line grade, except that trees exceeding this height may be located in this area, provided
al!branches below eight feet are removed.
C. Additional topo�raphica! constraints. Where the crest of a hill or vertical curve conditions
contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges,
plantings, fences, walls, wall structures and temporary or permunent obstructions shall be firrther
reduced in height or eliminated to comply with the intent of the reqttired clear vision area.
FINDING
The Applicant will meet the requirements of this section of the Code to provide visual clearance
when determining the location of signage and monuments that the Applicant proposes to build.
As shown on the site development plans, all lots can conform to this section of the code. As lots
are sold, the responsibility will shift to homebuilders and homeowners to insure that visual
clearance is maintained during the construction of homes, planting of street trees and installation
of landscaping. Therefore, the criterion is met.
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PARTITION APPLICATION
18.795.040 Computations
A. Arterial streets. On ul!designated arterial streets the visual clearunce area shall not be less than 35
feet on each side of the intersection.
B. Non-arterial streets.
1. Non-arteria! streets 24 jeet or more in width. At al! intersections of two non-arterial streets, a
non-arterial street and a driveway, and a non-arterial street or driveway and railroud where at
least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a
triangle formed by the right-of-way or property lines along such lots and a straight line joining
the right-of-way or property line at points which are 30 feet distance from the intersection of the
right-of-way line and mecrsured ulong such lines. See Figure 18.795.1:
1. Non-arteria!streets less than 24 jeet in width. At all intersections of two non-arterial streets, a
non-arterial street and a drivewuy, and a non-arteria!street or driveway and railroud where both
streets and/or driveways are less than 24 feet in width, a visua!clearance area shall be a triangle
whose base extends 30 feet along the street right-of-way line in both directions from the
centerline of the accessway at the front setback line of a single family and t►vo family residence,
and 30 feet back from the property line on all other types of uses.
FINDING
The visual clearance areas have been shown on the preliminary development submitted with this
application. Therefore, the criterion is met.
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5`h Ave Investments
PARTITION APPLICATION
Chapter 18.810
STREET AND UTILITY IMPROVEMENT STANDARDS
18.810.010 Purpose
A. Purpose. The purpose of this chapter is to provide construction standards for t{re implementation of
pziblic and private facilities and utilities such as streets, sewers, and drainage.
18.810.020 General Provisions
A. When standard.s apply. Unless otherwise provided, constrzrction, reconstrttctinn or repair of streets,
sidewall�s, curbs and other public improvements shall occur in accordance with the stnndards of this
title. No development may occtrr and no land use application may be approved unless the public
facilities related to development comply with the puhlic facility reqzrirements established in this
section and adequate ptrblic facilrties are availahle. Applicants may be reguired to dedicate land and
bui/d required public improvements only when the required exaction is directly related to and
rotrghly prnpnrtinna!to the impact of the development.
B. Standard speci rcations. The City Engineer shall establish standard specifications consistent with the
application of engineerin�principles.
C. Section 7.40 a�lies. The Provision of Section 7.40 of the Tigard Municipa! Code shall apply to this
chapter.
D. Adiirstments. Adjarstments to the provisions in this chapter related to street improvements may be
granted by means of a Type II procedtrre, as governed by Section 18.390.040, zrsing approval criteria
in Section 18.370.030 C9.
E. Except as provided tn Section 18.810.030S, us used in this clrapter, the term "streets" shal! mean
'�ublic streets"unless an adjustment under Section 18.810.020.D is allowed (Orcl. 99-22)
18.810.030 Streets
A. Improvements.
1. No developmenl shall ocetrr unless the development has frontage or approved access to a public
street.
2. No development shal! occur unless streets within the development meet the standards of this
chapter.
3. No development shnll occur unless the streets adjncent tn the development meet the standard.s of
this chapter, provided, however, that u development may be approved if the adjacent street does
not meet the standards but hulf-street improvements meeting the standards of this title are
constrarcted 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;
S. If the City could and would otherwise require the applicant to provide street improvements, the
City Engineer may accept a future improvements gzrarantee in lietr of street improvements if one
or more of the following conditions exist:
a. A partia!improvement is not feasible due to the inabiliry to achieve proper design standard.s;
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5`h Ave Investments
PARTITION APPLICATION
b. A purtiul improvement muy creule u potentiul sufety hcuurd to motori�ts or pedestriuns;
c. Due to the nature of existing development on adjacent properties it is unlikely thut street
improvements would be extended in the foreseeable future and the improvement associated
witlr the project under review does not, by itself, provide a significant rmprovement to street
safety or capacity;
d. The improvement would be in con,lict with an adopted capital improvement plan;
e. The improvement is associated with an approved la�zd partition on property zoned residentiu!
and the proposed land partition does not create any new streets; or
f. Additiona!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
unticipated juture tra�c vn the street.
6. The standards of this chapter include the standard specifications adopted by the Ciry Engineer
pursuant to Section 18.810.020.B.
7. The approval authority may aPprove adjustments to the standards of this chapter if compliunce
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 clrupter if compliunce with the standards would huve u substuntiul udverse
impact on existing development or would preclude development on the property where the
development is proposed. In approving an adjustment to the standards, the approval authority
shall balance the benefit of the adjuslment with the impact on the public interest represented by
the standards. In evaluating the impact on the public interest, tlre approval authority shall
consider the criteria listed in Section 18.810.030 E.l. An adjustment to the standards may not be
granted if the adjustment would risk public safety.
FINDING
Currently, access is provided to the site via SW Edgewood Street classified as a local street. All
lots will continue to access SW Edgewood Street directly. Seven (7) feet of additional feet of
right of way will be dedicated along SW Edgewood Street to provide for 27 feet in total right of
way width to the existing street centerline from the sites western boundary. The amount of right
of way proposed will allow the sites frontage along SW Edgewood Street to be improved with
half street improvements that include; 16 feet of pavement from centerline, concrete curb, storm
sewer and other underground utilities, sidewalk, p(anter strip and street trees as described on
page 1 of the Engineering preapplication notes.
However, upon further discussion with City of Tigard Engineering staff in regards to '/� street
improvements it was decided that the future public improvements to SW Edgewood Street, be
postponed until such a time comes when it is feasible to accomplish a larger scale of public street
improvements. The applicant requests the city allow a future improvement guarantee to be
recorded prior to final partition plat approval. The proposed document will guarantee future `/2
street improvements to SW Edgewood Street.
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5`h Ave Investments
PARTITION APPLICATION
The future improvements are depicted on the preliminary plan set and will include; a 16-foot
wide paved section from centerline, 5 foot wide sidewalk, planter strip, standard curb, street
trees, storm sewer and other underground utilities. Due to the nature of existing development on
adjacent properties it is unlikely that any other street improvements would be extended any time
in the near future. In the applicants opinion the '/2 street improvements along the sites frontage
along, are not enough to make a significant improvement to SW Edgewood Street. No additional
right of way or other public street improvements are proposed to SW Regina Lane due to the
future realignment of it by the City of Tigard. Therefore this criterion can and will be met.
S. Improvements to streets shall be made according to adopted City standnrds, unless the approval
atrthority determines that the standard.s will result In an trnncceptable aclverse impact on existing
development or on the proposed development or on natural features strch as wetlands, steep
slnpes or existing mature trees. In approvin� an exception to the standards, the approval
authoriry shall determine that the potentia! adverse impacts exceed the public benefits or the
standards. In evaluating the ptrblic benefits, the approval authority shall con.sider the criteria
listed in Section 18.810.030 El.
FINDING
All improvements will be designed and will be built to City standards.
B. Creation of rights-of-wa�for streets and related purposes. Rights-of-way shall be created through
the upproval of a final subdivision plat or major partition; however, the Cotrncil may approve the
creation of a street by acceptance of a deed, provided that such street is deemed essential by the
Council for the purpose ofgeneral traffic circulation:
1. The Council may approve the creation of a street by deed of dedication withozrt firll compliance
with the regulations applicable to sttbdivisions 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 initiuted by the Cotrncil and is found to be essential for the
pzrrpose of genera! truffic circulution, and partitioning or strbdivision 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 nttempt to evade the provisions of this title governing the
control of subdivisions or major partitions.
2. With each application for approva! of a road or street right-of-way not in full compliance with
the regzrlations 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 be necessary
to enable the Commission in its review to determine whether or not a recommendation for
approval by the Cotrncil shall be made;
b. The recommendation, if any, shal!he based upon a finding that the prnposal is not in con,lict
with the purpose of this title;
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PARTITION APPLICATION
c. The Commission in suhmitting the proposal with a recommendation to the Council muy
attach conditions which are necessary to preserve the standards of this title; and
3. All deeds of dedication shull be in a form prescribed by the Ciry and shall name "the public,"as
grantee.
FINDING
Seven (7) feet of additional right-of-way along SW Edgewood Street will be dedicated as part of
the partition plat approval process. Therefore, the criterion is met.
C. Creation of access easements. The approva!authority may approve an access easement estaGlished
by deed withot�t ful! compliance with this title provided such an easement is the on/y reasonable
method by which a lot large enough to develop can be created:
1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code
Section 10.207;
2. Access shall be in accordance with Sections 18J05.030.Hand 18J05.0301.
FINDING
The City will not allow access for any lot into the site from SW Regina Lane and as a result all
lots must directly access SW Edgewood Street. Parcel 1 is proposed to have its own individual
driveway and Parcels 2 and 3 will share a private driveway. An access easement will be recorded
to ensure both lots have the right to access their properties across the north side of parcel 1.The
drive will be maintained in accordance with the Uniform Fire Code and in accordance with
sections 18.705.030.H and 18.705.030.I. The requested easement is the only reasonable
alternative to allow for the future development and permanent access rights to Parcels 2 and 3.
I�. Street lvcnlion, width and grade. Except as noted below, tlre location, width und grade of all streets
shull con,i�rm to un upproved street plan and shall be considered in their relation to existing and
planned streets, to topographic conditions, to public convenience and sajety, and in their appropriate
relation to the proposed use of the land to be served by such streets:
1. Street grades slral! be approved by the City Engineer in accordance with Subsection M below;
and
l. Where the location of a street is not shown in an approved street plan, the arrangement of streets
in a development shall either:
a. Provide for the continuution or appropriate projection of existing streets in the surrounding
areas, or
b. Conform to a plan udopted by the Commission, if it is impractical to conform to existing
street patterns because of particular topogruphical or other existing conditions of the land.
Such a plan shull be bused 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.
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5`h Ave Investments
PARTITION APPLICAT[ON
FINDING
The proposed improvements have been designed and will be built in full compliance with the
regulations applicable to the standards of this section. The Aerial Photograph Plan submitted
with this application demonstrates that the proposed streets system around the site cannot
provide for continuation or projection of existing streets into the surrounding areas because they
are all fully developed. Therefore, the criterion is met.
E. Minimtrm rights-orway and street widths. Unless otherwise indicated on an approved street plan, or
as needed to continue an existing improved street, street right-of-way and roadway widths shall not
be less tlaan the minimarm width described be/ow. Where a range is indicated, the width shal! be
determined by the decision-making atrthoriry based upon anticipated average daily traffic (ADT) on
the new street segment. (The City Council mny adopt fiy resolirtion, design standards for street
constrarction and other pzrblic improvements. The design standards will provide gtridance for
determining imPrnvement reqatirements within the specifred ranges.) These are presented in Table
18.810.1.
1. The decision-making body sha!!make its decisinn abotrt desired right-of-way width and pavement
width of the various street types within the subdivision or development arter consideration of the
following:
a. The type of road as set forth in the Comprehensive P/�m Transportation Chapter-Functional
Street Classification;
b. Antrcipated tra�c generation;
c. On-street parking needs;
d. Sidewalk and bikeway requirements;
e. Requirements for placement of utilities;
f. Street lighting;
g. Drainage and slope impacts;
h. Street tree location;
i. Planting and landscape areas;
j. Safety and comfort for motorists, bicyclists, and pedestrians;
k. Access needs for emergency vehicles.
TABLE 18.810.1
Minimum Widths for Street Characteristics
r =
_` 3 � � �
� � `
`
Type of Street �-� .�. r -t eo -� -e
3 �i, � � ?+ _ � � _ �g± :�
`�i ?:t c 3 or; .°� .e 3 �` 3
-t �° 3 °�' � 0.' ` � s � n�� �
�0 3 d � ° � � �a
> E 'J o� 4� � � �i � y
� 0. Z �+ y � �� �
.��` e h +� `.
rleriu! 64'-l18' Varie.s 2-7 12' N/A 6'(New Slreets) 8'(Re.s.&Inc1.Zone.c) 5' 12,���
(Rejer l0 5'-h'(Exislrng Streets) JO'(Comm.Zone.$)
TSP)
5�
5`h Ave Investments
PARTITION APPLICATION
ollecfor 58'-96' Vuries 2-S 11' N/A 6'(New 5treeLcf 6'(Res.&Ind.Z,�nes)
(Refer tn S'-6'(Exislrng SlreelsJ 8'(Comm.Zones) 5' 1Z K��
TSP
eighborhoc� 50'—SN' 1R'-36' 1 10' N' S'-6' S'-6"
oute 5' N/A
ocu1:
ndustriul/Cnmmer SO' 3b' 1 N/A S'-hN11
•ial
S' N/A
ncul: Residenliu! N/A
Under I S00 ADT S4%SO'j' 31%18"� 1 8'(bolh,sides) N/A S'-6"��
Under S00 ADT SO Y46"''� 28%24"'� 2 '(nne side) N/A
Under 100 AUT 46 Y42'�j� 24%20'''� 2 iVo Purkin� N/A 5
ul-de-suc hulfis 50' 41'rudiu.c N/A N/A N/A N/A
'n Indu.clrrnf und rudius
nmmerciul zunes
ul-de-suc hulhs 47' 40'ruclius N/A N/A N/A N/A N/A
'n Residenliu! radiu.c
unes
llev: Re.sidentiul !6' !h' N/A N/A N/A N/A N/A
llev: Bu.sine.cs 20' 20' N/A N/A N/A N/A N/A
(Ord. 02-33)
�Mediuns required for S and 7 lane roadways. They are optional for 3 lane roadways.
z Sidewalk widths for these streets shall be S ft with lundscupe strip; 6 ft ijagainst curb ('rf permitted in
accordunce with 18.810.070.C).
' "Skinny Street"roadway widths are permitted where cross section and review criteria are met. Refer to
correspvnding cross sections (Figures 18.810.3, 18.810.4 and 18.810.5)for details and
conditions.
FINDING
SW Edgewood Street is a local public neighborhood street and the proposed future
improvements have been designed to meet the standards outlined in the table above. The amount
of right of way dedication proposed is also consistent with the ultimate width of a local street
outlined above.
F. Ftrture street plan and extension o1'streets.
1. A fulure street plan shall:
a. Be filed by the applicant in conjunction with an application jor a subdivision or partition.
The plan shall slrow the pattern of existing and proposed future streets from the boundaries
of the proposed land di►�ision and shal!include other parcels within 530 feet surrounding and
udjacent to the proposed land division. At tlte applicant's request, the City may prepare a
future streets proposal. Costs of the City preparing a future streets proposal slrul! be
reimbursed for the time involved. A street proposal may be modified when subsequent
subdivision�roposals are submitted.
b. Ident�existing or proposed bus routes,pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 530 feet of the site.
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PARTITION APPLICATION
FINDING
A plan has been included with this application showing all existing streets and properties within
530 feet in the surrounding area and the location of the proposed private drive on the north
boundary of the site, properties to the north, south, and east of the site are developed to the R-4.5
standard. The Aerial Photograph and Circulation Plan submitted with this application
demonstrates that the existing street system within and around the development cannot provide
for continuation or projection of existing streets into the surrounding areas because they are all
fully developed at this time.
There are no existing or proposed bus routes, pullouts or other transit facilities within 530 feet of
the site.
SW Edgewood Street is a neighborhood local street.
No new street connections are proposed or could be achieved with this application. Therefore,
this criterion is shown to be met.
2. Where necessary to give access or permit u sutisfactory future division of adjnining land, streets
shall be extended to the boundary lines of the tract to be developed, and
a. These extended streets or street stubs to adjoining properties are not considered to be carls-
de-sac since they are intended to continue as throt�gh streets at such time as the adjoining
property is developed.
b. A barricade shall be constrtrcted at the end of the street by the property owners which shall
not be removed arnti!aarthoriaed by the City Engineer, the cost of which shall be included in
the street construction cost.
c. Temporary hammerhead tzrrnoarts or temporary cul-de-sac bulbs shall be constructed for stub
street in excess of 1 SO feet in length.
FINDING
No new street connections are proposed or could be achieved with this application. Therefore,
this criterion not applicable to this application. All properties to the east, south and north are
developed to the R-4.5 standard. Therefore, this section is not applicable to this application.
G. Street spacing and access mana ement. Refer to 18.705.030.H.
K Street alignment and connections.
1. Full street connections with spacing of no more than 530 feet behveen connections is required
except where prevented by barriers such as topogrcrphy, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or otlrer restrictions existing prior to May
1, 1995 which preclude street connections. A fi�l!street connectinn may also be exempted dtre to
a regulated water feature if regulations would not permit construction.
52
5`h Ave Investments
PARTITION APPLICAT[ON
FINDINC
No new street connections are proposed or could be achieved with this application. Therefore,
this criterion not applicable to this application.
2. All local , neighborhood routes and collector streets which abut a development site shal! be
extended within the site to provide through circulation when not precluded by environmental or
topogrcrphica! constraints, existing development patterns or strict adherence to other standards '
in this code. A street connection or extension is considered precluded when it is not possible to
redesign or reconJigure the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than IS%for a distance of 250 feet or more.
In the case vf 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 shvw why the
constraint precludes some reasonable street connection.
FINDING
SW Regina Lane classified as a local public street stubs into the sites eastern boundary. Upon
further discussion with city staff at the preapplication conference direct access would not be
allowed for any lots on the site because the current alignment was going to be relocated further
to the north. There are no other existing public street stubs that are adjacent to the site that could
be utilized by the applicant. Therefore, the criterion does not apply.
3. Proposed street or street extensions shall be located to provide direct access to existing or
planned transit stops, commerciu! services, and other neighborhood facilities, such as schools,
shopping ureus und purks,
4. All developments should provide an interna! network of connecting streets that provide short,
direct travel routes and minimize travel distances within the development.
FINDING
No new public streets or street extensions are proposed or could be achieved at this time;
therefore this section is not applicable to this application.
I. Intersection nngles. Streets shall be laid out so a.c tn inter.sect at an angle as near to a right angle as
practicable, except where topography requires a lesser ungle, but in no case shal! the angle be less
than 75"unless there is specia!intersection design, and:
1. Streets shall have at least 25 jeet oJ tangent adjacent to the right-of-way intersection unless
topography requires a lesser dislance;
53
5`h Ave Investments
PARTITION APPLICATION
2. Intersections which are not at right angles shall have a minimum corner radius of ZO feet along
the right-of-way lines of the acute an�le; and
3. Right-of-way lines at intersection with arterial streets shaU have a corner radiars nf not less than
20 feet.
FINDING
The proposed private drive for two lots within the site has been designed and will be built to
meet the standards of this section of the Code by creating right-angle intersections. Therefore,
the criterion is met.
J. Existingright.s-of wav. Whenever existing rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shnll be provided at the time of'subdivision or development.
FINDiNG
As shown on the plan, an additional seven feet of new right-of-way dedication will be granted to
the public as right-of-way for SW Edgewood at plat recordation. Therefore, the criterion is met.
K. Partial Street Improvements. Partial street improvements resulting in a pavement width of less than
20 feet; while generally not acceptable, may 6e approved where essential to reasonable development
when in conformity with the other requirements of these regarlations, and when it will be practical to
require the improvement of the other half when the adjoining property developed.
FINDING
The Applicant is not proposing any partial street improvements and, as a consequence, the
requirements of this section of the Code do not apply to this land use review.
L. Carls-de-sacs. A cul-de-sac shall be no more thcrn 200 feet Inng, shall not provide access to greater
than 20 dwelling units, and shall only be used when environmenta! or topographical constraints,
existing development pattern, or strict adherence to otlrer stnndnrds in this code prec/trde street
extension and through circzrlation:
1. All cttls-de-sac shall terminate with a turnaround. Use of turnaround configurations other than
circarlar, sha/1 be approved by the Ciry Engineer;and
2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two
streets to the radius point of the bulb.
3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may fie
required to be provided and dedicated to the City.
FiNDING
No cul-de-sacs are proposed; therefore this criterion does not apply.
54
5'� Ave Investments
PARTITION APPLICf\TION
�
M. Street names. No sti•eet name shall be used whic{r wil! dup/icate or be confused tivit{7 the names or
existing streets in Washington County, except for e�ctensions of existing streets. Street names and
numbers shall conform to the established pattern in the surrounding area and as approved by the City
Engineer.
FINDING
No new street names are proposed all public streets that surround the site exist.
N. Crades and curves.
1. Grades shall not exceed ten percent on arterials, 12%nn collector,rtreets, or 12%on any other
street (except that loca!or residential access streets may have segments with grades up to IS%
for distances of no greater than 250 feet), and
2. Centerline radii of curves shall be as determined by the City Engineer.
FINDING
The private driveway to serve parcels 2 and 3 has been designed and will be built to meet the
adopted City standards. Street grades, profiles and centerline radii are shown on the Preliminary
Ylan set that has been submitted with this application. No grade exceeds 12%. Therefore, the
criterion is met.
O. Curbs, curb cuts, ram�s, and drivewav approaches. Concrete curbs, curb cuts, wheelchair, bicycle
ramps and driveway approaches shall be constructed in accordance with standards specified in this
chapter and Section 15.04.080; and:
1. Concrete curbs and driveway approaches are required,•except
2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer
approvul; and
3. Asphalt and concrete driveway approaches to the property line shall be buift to City
confgurution standards.
FINDING
Concrete curbs and gutters will be installed at the time `/z street improvements are constructed
along the sites frontage. Review through the building permit process will insure that the
applicant and or future homeowner meet the standards of this section of the Code. Therefore, the
criterion is met.
P. Streets adjacent to YQIIYOUCI right-of wa� Wherever the proposed development contains or is
adjacent to a railrvad right-of-way, provision shal! be made for a street upproximately 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
55
5`h Ave Investments
PARTITION APPLICATION
�
rc yttired.Jr�i• crl�pr�r�uclt �,rr�rdes uncl tn pro��icic s°tr%jicic��tt dept{t tc� ullmr .scrc�c�n pl�r��tin�,� u/nt��,l tlle
ruilroud right-of-way in nonindustrial areas.
FINDiNG
There are no railway right-of-ways within the immediate vicinity of the site and, as a
consequence, the requirements of this section of the Code do not apply to this land use review.
S. Q. Access to arterials and major collectors. Where a development abtrts or is traversed by an
existing or proposed arteria! or major collector street, the development design shall provide
adequate protection for residential properties and slrall seParate residential access nnd through
traffic, or if separation is not feasible, the design shall minimize the traffrc conflicts. The design
sha/1 incltrde any�f the following
FINDING
Currently, access is provided to the site via SW Edgewood Street classified as a local
neighborhood street. No access is proposed onto an arterial or collector street. Therefore, this
criterion does not apply
R. Allevs,ptrblic or private.
1. Alleys shal!be no less than 20 feet in width. In commercial nnd industrial districts, ulleys shall be
provided trnless other permanent provisions for access to off-street perrkirrg and locrding fncilities
are made.
2. While alley intersections and sharp changes in alignment shall be avoided, the corners of
necessary alley intersections shall have a rndius of not less tlian 12 feet.
FINDING
No alleys will be created as a result of this application and, as a consequence, the requirements
of this section of the Code do not apply to this land use review.
S. Survey monuments. Upon completion of u slreet im�rovement crnd prior to acceptance hy the City, it
shal! he the responsibiliry of the developer's registered prnfessional land surveyor to provide
certification to the City that all boundary and interior monuments sha!! be reestafilished and
protected.
FINDING
Survey monuments will be established and protected as prescribed by the Code. Therefore, the
criterion is met.
T. Private Street.s.
1. Design standards for private streets shall be established by the Crry Engineer; and
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2. The City shall require legal assurances for the continued muintenance 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.
FINDING
One private drive is proposed. It will serve parcels 2 and 3. The private drive has been designed
to the standards established by the City. Maintenance agreements will be submitted for review
and approval prior to final plat approval to ensure the continued maintenance of the private drive.
The maintenance agreements will be recorded with the Final Plat as required. The private drive
will serve two (2) future dwelling units and therefore a Planned Development is not required or
proposed with this application.
U. Railroad crossin�s. Where an adjacent development results in a need to install or improve a railroad
crossing, the cost for such improvements may be a condition oj development approval, or another
equitable means ojcost distribution shall be determined by the public works Director and approved
by the Commission.
FINDING
There are no railways in the immediate vicinity of the site and, as a consequence, no railroad
crossings are required.
V. Street siQns. The City shall install all street signs, relative to traffic control and street names, as
specrfied hy the City Engineer for any development. The cost of signs shal! be the responsibility of
the developer.
FINDING
The Applicant agrees to bear the cost of any additional street signs required. Therefore, the
criterion can and will be met.
W. Mui/boxes. Joint mailbox fucilities shall be provided in all residential developments, with each joint
mai/box serving ut least two dwelling units.
1. Joint mailbox structures shal!be placed adjacent to roadway curbs;
Z. Proposed locations of joint mailboxes shal! be designated on a copy oJthe preliminury plat or
clevelopment plan, and shal! fie approved by the City Engineer/US Post O�ce prior to fina!plan
approval; and
3. Plans for the joint mailhox structures lo be used shall be submitted jor approva! by the City
Engineer/US Post Office prior to final approval.
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FINDING
Prior to final plat approval the mailbox locations will be submitted for approval. Therefore, the
criterion can and will be met.
X. Traj'ic signals. The location of traffic signals shall be noted on approved street plans. Where a
proposed street intersection will reszrlt in an immediate need for a traffic signal, a signal meeting
approved specifications shal!be instnlled. The cost shall be included as a condition of development.
FINDING
No traffic signals are required to serve the site and, as a consequence, the requirements of this
section of the Code do not apply to this land use review.
Y. Street light standards. Street lights shall be installed in nccordance with regtrlations adopted by the
City's direction.
FINDING
Street lights will be installed as required. Therefore, the criterion is met.
Z. Street name signs. Street name si�,�ns shall be instnlled ut cr(! street intersections. Stop signs and
other.signs may be reqzrired.
FINDING
The Applicant agrees to bear the cost of any additional street signs if required. Therefore, the
criterion is met.
AB. Traffic calming. When, in the opinion of the Ciry Engineer, the proposed development will create a
negative tra�c condition on existing neighborhood streets, such as excessive speeding, the
developer 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 reyzrirecl 10 deposit ftrnds with tlte City to help pay for traffic calming measures that become
necessary once the development is occupied and the Ciry Engineer determines that the additional
trarfic from the development has triggered the need jor traffic calming mensures. The City
Engineer will determine the amount of funds regt�irecl, and will collect said funds from the
developer prior to the isstrance of a certificate of occerpnncy, or in the cuse of subdivision, prior to
the approval of the fina!plat. The junds will be held by the City for a pef-iod of five (_S)years,from
the date of issuance of certificate of occupancy, or in the case of a strbdivision, tlae date offinal plat
ap�roval. Any fitnds not used by the City within the five year time period will be reftended to the
developer.
FINDING
No traffic calming measures are proposed. Therefore, the criterion does not apply.
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AC. Ti•a�fc sti�cll•.
1. A traffic study sltall be required for al!new or expanded uses or developments under any
of the jollowing circumstances:
FINDING
A Traffic Study should not be required as the future development of site will generate 20 new
daily vehicle trips allowing for the existing residence the on the site. The site is not located next
to a high impact intersection. The site is not located by an ODOT facility and adequate site
distance is available in both directions.
18.810.040 Blocks
A. Block Desi.�n. The length, width und shape of blocks shall be designed with due regard to providing
adequate ba�ilding sites for the use contempluted, consideration of need.s for convenient access,
circulation, cor�trol and safety of street traffic and recognition of limitations and opportunities of
topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a. Where street location is precluded by natural topography, wetlands or ot{rer bodies of water,
or pre-existing development; or
b. For blocks adjucent to arterial streets, limited access highways, collectors or railroads.
c. For non-residentia!blocks in which internal public circulution provides equivalent access.
1. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
ful! street connection is exempted by B.1 ubove. Spacing behveen connections shall be no
more than 330 feet, except where precluded by environmental or topographica! constraints,
existing development patterns, or strict adherence to other standards in the code. (Ord. 02-
33)
FINDING
Due to the realignment and eventual closing of SW Regina Lane No blocks could be created due
to existing development patterns surrounding the site. Therefore, this criteria does not apply.
18.810.050 Easements
A. Easements. Easements for sewers, druinuge, 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 druinageway, there shall be provided a storm water easement or drainage right-of-
wuy confc�rmin�substuntially with tlae lines of the watercourse.
B. Utility easements. A property owner proposing a development shal! make arrungements with the
City, the applicable district and each utility franchise for the provision and dedication oJ utility
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eusemcnts necc.��scrry tn providc firl!ser-ti�iccs t�� t{re deti�elnj�mejat. T/le Citi�'.s�.stundard u°iclth for��trhlic
muin line utility easements shnll be IS feet arnless otherwise specified by the trtility company,
ap�licable district, or Ciry Engineer.
FINDING
All easements have been designed to meet the standards of this section of the Code and are
shown on the preliminary development plans that have been submitted with this application. The
Applicant will continue to work with the City and applicable districts and utility franchises with
regard to the provision and dedication of all utility easements necessary to provide full services
to the proposed partition. Therefore, the criterion is met.
18.8I D.060 Lots
A. Stze and shape. Lot size, width, slrupe und orientation shall be appropriate for the locatio�z of the
development nnd for the type of trse contempinted, and:
1. No lot shull contain part of an existing or proposed public right-of-way within its dimensions;
2. The depth of all lots shall not exceed 2-1/2 times the avernge width, trnless the parcel is less than
1-1/2 times the minimum lot size of the applicable zoning district;
3. Depth and width of properties zoned for commercial and industrial purposes shall be adeqarate to
provide for the off-street parking and service facilities required by the type of use proposed.
FINDING
The site is zoned R-4.5, a Low Density Residential District, and the Applicant proposes to
partition the site into three (3) parcels. Right-of-way has not included in any lot area. Proposed
lot depths of are not greater than 2.5 times its width. Therefore, the criterion is met.
B. Lot. rontuge. Each lot shall abut upon a public or private street, other than an alley,for a width of at
least 25 feet trnless the lot is created throtrgh a minor Innd partition in which case Strbsection
18.162.050 (C) applies, or unless the lot is for an attached single fami/y dwelling unit, in which case
the!ot frontage shall be at least 1 S feet.
FINDING
As the Preliminary Plat indicates, all of the proposed parcels have the required amount of
frontage on a public street or private drive. Therefore, the criterion is met.
C. Throtrgh lots. T{aroiegh lots shall be avoided except where they are essentia!to provide separation of
residential development from major traffic arterials or to overcome specific disadvantages of
topography and orientation, and:
1. A plunting buffer at least ten feet wide is required abtrtting the arterial rights-of-wcry; and
2. A/1 through lots sha11 provide the reguired front yard setback on each s7reet.
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FINDING
No through lots will be created as a result of this application. Therefore, the criterion does not
apply.
D. Lot side lines. The side lines of lots, as far as practicable, shull be ut right angles to the street upon
which the lots front.
FINDING
All proposed future lot lines are at right angles to the street that fronts the lot.
E. Large lots. In dividing tracts into lurge lots or parcels which at some future time are likely to be
redivided> tlte Commission may require that the lots be of such size and shape, and be so divided into
building sites, and contain such site restrictions as will provide for the extensiorr and opening of
streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller
size. The land division shall be denied if the proposed large development lot does not provide for the
future division of the lots and future extension of public facilities.
FINDING
None of the proposed parcels could be divided in the future with consideration to the zoning
standards for the R-4.5 zone.
18.810.070 Sidewalks
A. Sidewalks. Al! industrial streets and private streets shall have sidewalks meeting City standards
along at least one side of the street. Al! other streets shall have sidewalks meeting City standards
along both sides of the street. A development may be approved if an adjoining street has sidewalks
on the side adjoining the development, even iJno sidewalk exists on the other side oJthe street
B. Requirement of developers
1. As purt of any development proposal, or change in use resulting in an additional 1,000 vehicle
trips or more per day, an applicant shal! be required to ident� direct, saje (1.25 x the straight
line distance) pedestriun 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 fo participate in the removal of any gaps in the pedestrian system off-site if just fed by
the development.
2. If there is un 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 u
neighborhood activity center).
FINDING
• The applicant proposes a future sidewalk design along SW Edgewood Street to the standards set
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forth by the City. A private driveway is proposed to serve parcels 2 and 3; therefore a sidewalk
is not required.
C. Planter strip r�teirements. A planter strip separation of at least five feet between the curb and the
sidewalk shall be required in the design of streets, except where the fol/owing conditions exist: there
is inadeguate right-of-way; the curbside sidewalks already exist on predominant portions of the
street; it would conflict with the utilities, there are significant nattrral features (large trees, water
features, etc) that wozrld be destroyed ij the sidewalk were located as reqtrired, or where there are
existing structures in close proximity to the street (IS feet or less)Additional consideration for
exemnting the planter strip requirement may be given on a case by case basis if a property abuts
more than one street frontage.
FINDING
SW Edgewood Street has been designed to be constructed with a 5.0-foot wide planter strip.
This requirement has been met.
18.810.080 Public Use Areas
A. Dedication requirements.
1. Where a proposed park,playground or other public trse shown in a development plan adopted by
the City is located in whole or in part in a st�bdivision, lhe Commission may reqtrire the
dedication or reservation of such area within the subdivision, provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system.
2. Where considered desirable by the Commission in accordance with adopted comprehensive plan
policies, and where a development plan of the Ciry does not indicate proposed public use areas,
the Commission may reqzrire the dedication or reservation of areus within the st�bdivision or sites
of a character, extent and location suitable for the development of parks or other parblic use,
provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system.
B. Acqtrisition bv public agenc� If Ihe developer is required to reserve land nrea for a park,
playground, or other public use, such land shall be acquired by the appropriate public agency within
18 months following plat approval, at a price agreed upon prior to approval of the pint, or strch
reservation shall be released to the subdivider. (Ord. 99-22)
FINDING
No public use areas are being proposed with this application and, as a consequence, no
dedication or acyuisition of these areas is required and the criterion does not apply.
I8.810.090 Sanitary Sewers
A. Sewers reqz�ired. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in accordance with the provisions set forth in Design and
Cnnstruction Standards for Sanitary and Surface Water Management (as adopted by the Unifred
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Sex�eruxe Agency in 1996 and includinx a��y fi�tin-e revisivns oi- amendnTents) und t{re udopted
policies of the comprehensive plan.
B. Sewer plan approval. The Ciry Engineer shall approve all sanitary sewer plans and proposed
systems prior to issuance of development permits involving sewer.service.
C. Over-sizinQ. Proposed sewer systems shall include consideration of additiona! development within
the area as projected by the Comprehensive Plan.
D. Permrts denied. Development permits may be restricted by the Commission or Hearings Officer
where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified
within the development and which if not rectified will result in a threat to public health or safety,
surcharging of existing mains, or violutions of state or federa!standards pertaining to operation of
the sewage treatment systern.
FINDING
As shown on the proposed plans, a sanitary sewer system has been designed to serve all parcels.
Therefore, the criterion is met.
18.81 D.100 Storm Drainage
A. General provisions. The Director and City Engineer shul! issue a develvpment permit only where
adequate provisions for storm water and�lood water runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitury sewerage
system;
2. Where possible, inlets shall be provided so surjace water is not carried across any intersection or
allowed to flood any street; and
3. Surface water drainage patterns shal!be shown on every development proposal plan.
FINDING
As shown on the proposed utility plan, the stormwater drainage system has been designed to
serve each lot within the site. Stormwater will be directed east towards SW Regina Lane then to
the downstream system that serves the area. The existing stormwater drainage system east of the
site has adequate capacity to serve the future development. The applicant proposes to pay a fee in
lieu to the City of Tigard to meet stormwater treatment standards. Therefore, the criterion is met.
B. Easements. Where a development is traversed by a watercourse, drainageway, channel or streum,
there shall be provided a storm water easement or drainage right-of-way conforming substantiaUy
with tlre /ines of such watercourse und such further width as wil! be adequate for conveyance and
maintenance.
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FINDING
No watercourse, drainage way, channel, or stream exists on site. As a consequence, the
requirements of this section of the Code do not apply to this land use review.
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 the
development, and:
1. The City Engineer shall approve !he necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Strrface Water Management (as adopted hy
the Unified Sewerage Agency in 1996 and including any firture revisions or amendments).
FINDING
The upstream drainage system has not yet been fully developed. With the proposed
improvements there should be adequate capacity to handle any additional stormwater which will
result from the future development. A final storm report will be prepared by a licensed engineer
from the State of Oregon if determined necessary prior to final construction plan approval
verifying the proposed system has been designed to handle the additional capacity created by the
proposed development. Therefore, the criterion can and will be met.
D. E�fect on downstream drninage. Where it is anticipated by the Ciry Engineer that the additiona!
rirnoff rest�lting from the development will overload an existing druinage facility, the Director and
Engineer shall withhold approva! of the development unti! provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional
runoff cazrsed 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 nnd
incltrding any firture revisions or amendments).
FINDING
The proposed development is small in nature in relationship to the existing drainage and
development downstream of the site. At the time of future development and in the event the City
Engineer determines the existing drainage would be overloaded as a result of any new
development, the applicant will comply with the Director's recommendations.
18.810.110 Bikeways and Pedestrian Pathways
A. Bikewav extension.
1. As a standard, bike lanes shall fie required along al!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 the City's adopted pedestrian/bikeway
plun shall include provisions for the ftdure extension of such bikeways through the dedication of
easements or rights-of-way, provided such dedication is directly related to and rot�ghly
propnrtional to the impact of the development.
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3. Any new street improve�nent project shal!include bicycle lunes as required in this document and
on the adopted bicycle plan.
B. Cost oT constructioy�. Development permits issued for planned unit developments, conditional use
permils, subdivisions und other developments which will principully benefit from such bikeways shall
be conditioned to include the cost or construction of bikeway improvements in un amount roughly
proportional to the impact of the development.
C. Minimum width.
1. Minimt�m width for bikeways within the roadway is five feet per bicycle trave!lane.
2. Minimum width multi-use paths separated from the road is ten (10)feet. The width may be
reduced to eight(8J feet if there are environmental or other constraints.
3. Tlte minimum width fnr pedestrian only off-street puths is five (S)feet.
4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. (Ord.
O1-33, Ord. 99-22)
FINDING
SW �dgewood Street is not a designated bikeway. No bike lanes are proposed. The applicant
has proposed public street improvements that are consistent with requirements for a local public
street.
18.810.120 Utilities
A. Under�round utilities. Al! artility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above grvund, temporary utiliry service facilities during construction,
high capacity electric lines operating at 50,000 volts or above, and:
1. The developer slral! make all necessary arrangements with the serving utility to provide the
underground services;
2. The City reserves the right to approve location of all surface mounted fucilities;
3. Al! underground utilities, inc/uding sunitury sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shull be long enough to avaid disturbing the street improvements
when service connection.r are made.
B. Inrormation on development plans. The applicant for a development sha!!show on the development
plan or in the explanatory informalion, easements for all underground utility jacilities, and.•
1. Plans showing the location of al!underground facilities as described herein shall be submitted to
the City Engineer for review and approval; and
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?. Carc .shcrll he tuken in al! cuses to en.strre thut above grot�nd cqurpn�c�nt �loes ��nt c�bstruct i�isinn
clearance areas for vehictrlar traffic.
FINDING
There are existing overhead utility lines which run adjacent to the site along SW Edgewood
Street on the opposite side of the street. The applicant will pay a fee in lieu to the City of Tigard
to underground the utilities that run adjacent to the sites frontage on the west side of SW
Edgewood Street. All necessary easements will be shown on final development plans for all
underground utility facilities and those plans will be submitted to the City Engineer for review
and approval. Therefore, the criterion is met.
18.810.130 Cash or Bond Required
A. Gtrarantee. All improvements installed by the developer shall be guaranteed as to workmnnship and
m�rterial fnr a period nf one year jollowing acceptance bv the City Council.
B. Cash deposit or bond. Strch guarantee shall be secured by cash deposit or bond in the amount of the
vult�e of the improvements as set by the City Engineer.
C. Cnmpliance reguirements. The cash or bond shall comply with the terms and conditinns of Section
18.430.090.
FINDING
The Applicant will secure a bond for all improvements that will be required as part of any future
development. The bond will comply with the terms and conditions of Section 18.430.090.
Therefore, the criterion is met.
18.810.I40 Monuments
A. Replacement reyuired. Any monarment.r that are disttrrbed before al! improvements are completed by
the subdivider shall be replaced prior to final acceptance of the improvements.
FINDING
The Applicant would replace any monuments that are disturbed if any prior to completion of all
future improvements. Therefore, the criterion can and will be met.
18.810.1 SO Installation Prerequisite
A. A�provu/ require�l No ptrblic improvements, including snnitnry sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be trndertaken except after the plans have been
upproved by the City,permit fee paid, and permit issued.
B. Permit fee. The permit fee is required to defrny the cost and exnenses incurred by the City for
construction and other services in connection with the improvement. The permit jee shall be set by
Counci!resolution.
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FINDING
No public improvements will be undertaken on the applicant until the appropriate plans have
been approved by the City, permit fees have been paid and permits have been issued. Therefore,
the criterion is met.
18.810.160 Installation Confornration
A. Conformunce reguired. In addition to other requirements, improvements installed by the developer
either as a requirement of these regulutions or at his own option, shall conjorm to the requirements of
this chapter and to improvement standards und specifications followed by the City.
B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon
Chapter A.P.W.A., and 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) sha!! be a part of the City's adopted installation standard(s); other standards may
also be required upon recommendation of the City Engineer.
FINDING
All improvements installed by the Applicant will conform to the requirements of this chapter and
to improvement standards and specifications followed by the City. Therefore, the criterion is
met.
18.810.170 Plan Check
A. Subrnittal reqz�irernents. Work shall not begin until construction plans and construction estimates
have been submitted und checked for adequacy und approved by the City Engi�teer irt writing. The
developer can obtain detailed information about submittal requirements from tl:e City Engineer.
B. Compliance. All such plans slrall be prepared in uccordance with requirements of the City.
FINDING
Prior to any work commencing on the site construction plans and construction estimates will be
submitted, checked for accuracy and approved by the City Engineer in writing. All plans will be
prepared in accordance with requirements of the City. Therefore, the criterion is met.
18.810.180 Notice to City
A. Commencement. Work shal!not begin until t{te City has been notified in advance.
B. Resumption. If work is discontint�ed for any reason, it shu!!not be resumed until the City is notified.
FINDING
As required above the City would be given advance notice before any work commences on the
site. Therefore, the criterion is met.
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18.810.190 City Inspection
A. Inspection o,�improvements. Improvements shall be constructed under the inspection and to the
sntisfaction of the Ciry. The Ciry may require changes in typica! sections and details if zrntrsa�al
conditions arising during constrtrction warrant such changes in the public interest.
FINDING
The Applicant understands and accepts that all future improvements will be inspected by the
City, must be built to the City's satisfaction and that unusual site conditions may force changes
to construction plans, sections or details. Therefore, the criterion is met.
18.810.200 Engineer's Certifrcation
A. Written certification reqz�ired. The developer's engineer shall provide written certification of n form
provided by the City that all improvements, workmanship and materials are in accord with carrrent
and standard engineering and constrtrction prnctices, and are of high grade,prior to City acceptance
of the strbdivision's improvements or any portion therenf for operation and maintenance.
FINDING
The owner or developer's engineer will provide written documentation to certify that all
improvements, workmanship and materials meet current and standard engineering and
construction practices. This certification will be submitted for review and approval prior to the
City's acceptance of the subdivision's improvements. Therefore, the criterion is met.
CONCLUSION
Based upon compliance with all applicable review criteria as addressed herein above, the
applicant requests the City of Tigard approve this application for a three (3) parcel partition.
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IMPACT STUDY
SANITARY SEWER SYSTEM
The sanitary sewer laterals from the development will connect into the existing 8 inch public
sanitary sewer line located within a 15 foot wide public easement located at the south east corner
of the site and from there tie into the existing sanitary sewer system. The existing sanitary sewer
system has adequate capacity to serve the proposed development. The sanitary sewer system has
been designed to serve each lot within the development.
STORMWATER SYSTEM
The stormwater system has been designed to serve each lot. The applicant proposes to pay a fee
to the City of Tigard to meet stormwater treatment standards. Stormwater will be transported by
pipe and directed to towards the culvert in SW Regina Lane. Stormwater will be discharged into
the existing drainage system that serves the area. A final storm system analysis will be included
with the final construction drawings to verify the existing system has the adequate capacity at
future build out if determined necessary by the City Engineer.
WATER SYSTEM
The water system within the site has been designed to serve each lot. Water mains will be
located within the right-of-way of SW Edgewood Street and will be stubbed out to serve each
individual lot. The water mains within the site will be connected to existing main line located
within the SW Edgewood Street. Water is available to the site with enough volume and pressure
to accommodate the development of the site. During the development of the final construction
drawings the water system will be analyzed to determine the need for a pressure reducing valve
within the project boundaries.
TRAFFIC SYSTEM
Currently, access is provided to the site via SW Edgewood Street. Residents will access the site
via a private drive and or directly onto Edgewood Street. A future street plan has been included
(in the form of an aerial photograph) with this application showing all existing streets and
surrounding developments in the surrounding area. Streets have been extended in a logical
fashion, providing access to all lots, circulation options within the neighborhood and
connectivity throughout the study area. The existing circulation system has adequate capacity to
serve the proposed development. The public street improvements proposed are consistent with
requirements set forth by the City Engineer.
NOISE
There will be insignificant levels of noise generated from the development once the grading,
infrastructure and home construction has been completed. The Applicant intends to conform to
the noise regulations of the Tigard Municipal Code during the development of the lots and will
limit construction to the timeframes specified by the Code. It will be the responsibility of the
homebuilders to adhere to the noise regulations once home construction begins. The site is
69
5`h Ave Investments
PARTITION APPL(CATION
�
surrounded by detached single family homes with the same R-4.5 zoning. The proposed
development represents a compatible use for the area.
70
�v
3 LOT PARTITION
DEVELOPMENT REVIEW PLANS � ��
LOCATED IN THE SE 1/4 NE 1/4 OF SECTION 2
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, ,
WASHINGTON COUNTY, OREGON
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REfER TO TPACIHG FOR lATEST RMSION � q�p�pw)s%�Y.�U �
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PRE-APPLICATION
:
�� CONFERENCE REQUEST
Cit��of Ti�ard Permil Center 13125 S1�'Hall Blvd., Ti�gard, OK 97223
' F � Phone: 503.639.-1171 Fax.•503.598.1960
GENERAL INFORMATION
A licant: ��VV "V
pp (` FOR STAFF USE ONLY
.�ddress: J`N r �� one: 6�� �0 �^����
� Case No.: � a.co�' 17U01(�
Ciry: Zip: �� � ` � (
� b��u Receipt No.:
Contact Person: � Phone• 1
.�pplicarion�ccepted By:
Property Ownet/Deed Holdet(s): CS� d'' Date: ��'( I'' �
�t V.NIb., �'�� � o
D.�1TE OF PRE-.�1PP.:
.�ddress: T� �� 1 p� 1 Phone;�.�'lr �` �� TI\�OF PRE-APP.: ��rZv �-r�
Citt�: 1 W��U�.`��� Zip: t�v�` PRE-APP.I�ELD WITII:
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Property Address/Location(S�:���� �V' � V�'•�� ��" i:\aupin\mastcrs\land usc applicadons\Prc.1pp Requcst App.doc
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R�2UIRED SUBMITTAL ELEMENTS
Tax;vlap& ax Lot#(s): �� i �tS " �' � (Note: applications will not be accepted
without the required submittal elements)
Zoning: ` �� � Pre-�pplicarion Conf.Request Form
Site Size: ��R�S '�v 5 COPIES EACH OF THE FOLLOWING:
❑ Brief 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
meeting.
.�111 of the informarion idenrified on this form are required to be submitted by
the applicant and received by the Planning Division a minimum of one (1)week ❑ Site Plan. The site plan must show the
prior to officially scheduling a �re-a��licarion conference date/time to allow proposed lots and/or Uuilciing layouts drawn
staff ample time to prepare for the meeting. to scale. .�Iso, show the location of the
subject property in relation to the nearest
A pre-applicarion conference can usually be scheduled within 1-2 weeks of the streets; and the locarions of driveways on the
Planning Division's receipt of the request for either Tuesday or Thursdak subject property and across the street.
mornines. Pre-applicarion conferences are one (� houz long and are typically � �'icuuty A1ap.
held between the hours of 9:00-I1:00.�1�1.
❑ The Proposed Uses.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN � Topographic Information. Include Contour
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER �es if Possible.
FROM 5:00-4:00/MONDAY-FRIDAY.
❑ If the Pre-Applicari Conference is for a
IF MORE THt1N 4 PEOPLE ARE EXPECTED TO ATTEND THE �40NOPOLE pr 'ect, the applicant must
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of e letter and proof in the
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an fidavit of mailing, that the
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocarion rotocol was completed (see
GROUP. Section 18. 8.080 of the Tigard Community
Development Code).
❑ Filing Fee�370.00
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- Tuesday, October 09, 2007 �
_ __ __ - - -
_ _ _ -- -_- -- -Pre-Apps CD Meetings _-
Early
8:00 AM
- -- - - - -
, 9:00 AM ; (9:00 AM - 10:00 AM) Robert Hoober 503-692-6324 8876 SW Edgewood St. 3-lot MLP
_.... - - -- - --- -- —
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
Late
Tasks
Notes
KrisUe Peerman 1 10/1/2007-1:04 PM
PRE-APPLICATI�N CONFERENCE NOTES � '
➢ ENGINEERIHG SECTION \ CRY�fTlgard,Or�gen
Community�evefopment
S(ta � A�BetterCommun'
PUBLIC FACILITIES Tax Map[sl:
Tax Loasl:
Use Tme:
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.
Riqht-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 Edgewood Street to 27 feet from centerline (plus portion of eyebrow corner)
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Edgewood Street, to include:
� 16 feet of pavement from centerline, plus additional for eyebrow corner
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a finro-year streetlight fee.
❑ Other:
CITY OF TIGARD Pro-Applicatlon Camerence Notes Page 1�f 6
E�91ae�ring B���rt�e�t S�ctlo�
❑ street improvements will be necessary along SW , to incl�de:
❑ 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.
❑ 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.
CITY OF TI6ARD Pre-Applicadon Conferonce Notes Page 2 of 6
Englneering Depar[ment SscUon
' � ❑ 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, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW Edqewood
Street (opposite side of street�. Prior to issuance of building permits, the applicant shall
either place these utilities underground, or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Edgewood Street.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to connect each parcel to sewer with a separate lateral.
Water Supply:
The City of Tiqard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
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 Conferonce Notes Page 3 ef 6
En�lneertag oepartmeat SecUon
drainage plan for the site, ar � �ay be required to prepare a sub-' �n drainage analysis to ensure
that the proposed system will , �mmodate runoff from upstream p. . �rties when fully developed.
Must connect to an approved public system. Can pay a fee-in-lieu of on-site detention.
Storm Water Qualitv:
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, the fee shall be $210. Preliminary
sizing calculations for any proposed water quality facility shall be submitted with the development
application. It is anticipated that this project will require:
❑ Construction of an on-site water quality facility.
� Payment of the fee in-lieu.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) No access to Regina Lane. Regina Lane will be closed and access relocated further north on Hall
Boulevard.
2) All access must be to Edgewood Street. Can have move than one driveway on Edgewood. If all
three lots share access must construct a private street.
3) Provide preliminary sight distance certification wifh land use application.
4) Half-street improvements may be required or a portion thereof. This will be determined by staff
based on rough proportionality.
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
CITY OF TIGARD Pre-Applicatlan Confer�nce Nates Page 4 of 6
Eoglneering Department Sectl��
permit. Deferral of the payrr F until occupancy is permissible c when the TIF is greater than
$5,000.00.
Pay the TIF
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-related 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:
HOTE: If an PFI Permit is required,the applicant 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
CITY OF TIGARD Pre-Appltcatlon Confer�nce Notes Page 5 ef 6
Ea9lneerin9 Uepartment Sectlon
� permit can not be is� 1 in a subdivision until the publ� �provements are substantially
complete and a mylar � ,.y of the recorded plat has been re� .�ed 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.
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%, as
well as Iots 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: ��'�- t 6 � q �
ENGINEERING DEP RTMENT STAFF DATE
Phone: [503)639-4171
Fax: [503)624-0752
document2
Revised: September 2,2003
CITY OF TIGARD Pr�-Applicatlen Co�erence Notes Page 6 ef 6
Eallaarl�g iep�rtnent SeeUo�
��TY OF TIGARD ,,
PRE-APPLICATION CONFERENCE NOTES = ��
(Pre-Application Meeting Notes are Valid for Six (6) Months) ���'r��'
--- �
PRE-APP.MTG.DATE: l0 d7
STAFF AT PRE-APP.: G �
_
RESIDENTIAL
APPLICANT: Jl�o(��,��►�� AGENT:
Phone: So 3• 6q� - 6 3 z y Phone:
PROPERTY LOCATION:
ADDRESS/GENERAL LOUITION: SS 7�i S� �-�i�� ��
TAX MAP(S)/LOT #(S): �2 S / D� ,D.� , /G/�l�
NECESSARY APPLICATIONS: /?'t I n�D�i2 L�h �H�7'/�o� ���G� �
PROPOSAL DESCRIPTION: - o pr✓ 0 6��E • 6d-��c�12 �'�°�C .
z� �36 sf
COMPREHENSIVE PLAN � �S� �����,��,�L
MAP DESIGNATION: �w y
ZONING MAP DESIGNATION: �- �•S
ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 16..�'�0 1
MINIMUM LOT SIZE:�sq. ft. Average Min. lot width: So ft. Max. building height: 30 ft.
Setbacks: Front�ft. Side�ft. Rear 15 ft. Corner /S ft. from street.
MAXIMUM SITE COVERAGE: =% Minimum landscaped or natural vegetation area: %.
GARAGES:2�ft.
❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to
submittinclyour application or the application will not be accepted.
' NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residential Applica6on/Planning Division Section
�NARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
�MPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
J�ACCESS [Refer to Chapters 18.105 and 18.7651
Minimum number of accesses: �aT Minimum access width: / S.
Minimum pavement width:�
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
�ESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE IXAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s) from the gross site area: bo� , Z 6 �36 s� �►ass
All sensitive lands areas includinq: _ s� ��7 fF (�,�,b��-��,�,,<<�
➢ Land within the 100-year floodplain; ��
� Slopes exceeding 25°/a; Lo� � 0 9 S r
> Drainageways; and = 7, ,rio� s� ��j
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. c ofs ����
�• 7g
Public riqht-of-way dedication: �' z �a�, wuN
➢ Single-family allocate 20% of gross acres for public facilities; or ? ' 3
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction. .
Z 5 S.�3 b X � ��l.�L 1 z.4� 1�{ f � b'v% } ,2 3,3 S3 N��7�socs 5p = 3.I I ►�'►��--/,?.Y 9 •n�•,�
El(AMPLE OF RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Family Multi-family
43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area
8,712 sq. ft. (20%)for public right-of-way 6 534 sq. ft. (15%)for public riqht-of-wav
NET: 34,848 square feet NET: 37,026 square feet
} 3,05�minimum lot areal + _3 05 (minimum lot are__a�
= 11.4 Units Per Acre = 12.1 Units Per Acre
��ihe�evelopment Code requires that the net site area existfor the next whole dwelling unic NO ROUNDIi1G UP IS PERMITTED.
:�Minimum Proiect�ensity is BO%of the maximum allowed density.TO DETERMINE THIS STANDARD,MUITIPtY THE MA1(IMUM NUMBER OF UNIiS BY.8.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential ApplicationlPlanning Division Section
�SPECIAL SETBACKS [Refer to Co4 ;ction 18.7301
➢ STREETS: feet from the centerline of
2 ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
- ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
,/ ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary structures'setdack requirements.l
,�fIAG LOT BUILDING NEIGNT PROYISIONS [Refer to Code Chapter 18.7301
MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
�,�� BUFFERING AND SCREENIN6 [Refer to Code Chapter 18.1451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fen� may also be required; these are often
advisable even if not required by the Code. The required buffer areas may o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: �v�Tfi /'�v��En.r.v��=
18•7�/SOSU. r3.S �>�j• Y.Z 0, OSD, I`}.Y.f)
�LANOSCAPING [Refer to Code Chapters 18.145,18.765 and 18.7051
� STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum 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 maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLING [Referto Code Chapter18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Pride Disposal can be reached at (503) 625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential Applica6onlPlanning Division Secfion
�PARKING [Refer to Code Chapter. .765 a 18.7051
ALL PARKING 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.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ 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: All parking areas shall provide appro�riately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Section 18.1651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIVE LANDS [Refer to Code Chapter 18.7751
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to precisely
identifv sensitive land areas and their boundaries is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.715.070.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
�CLEANWQTER SERVICES[CWSI BUFfER STANDARDS [Refer to CWS Ra0 07-20/USA Regulations-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desiqn Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residenti�Application/Planning Division SecGon
1 F 3.1 VEGETATED CORRIDOR WIDTHS
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAI/RESOLUTION&ORDER 07-20
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
• Streams with intermittent flow draining: <25% 15 feet
�1 10 to <50 acres
� >50 to <100 acres 25 feet
♦ Existing or created wetlands <0.5 acre 25 feet
♦ Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
♦ Streams with intermittent flow draining >100 acres
• Natural lakes and onds
♦ Streams with intermittent flow draining: >25% 30 feet
� 10 to <50 acres
1 >50 to <100 acres 50 feet
♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure
♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
?1/egetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20
sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a
CWS Service Provider Letter is not required.
❑ SIGNS [Refer to Code Chapter 18.1801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
�TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Sectlon 18.790.030.C.1
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, artition site development review, planned development,
or conditional use is filed. Protection is pre erre over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential ApplicationlPlanning Division Sec4on
THE TREE PLAN SHALL Ih JDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for fandscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.�60.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITIGATION [Refer to Code Section 18.790.060.E.1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�CLEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential Application/Planning Division Section
� fUTURE STREET PLAN AND EXTENSI� ,F STREETS [Refer to Code Section 18.8. .30.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boun aries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
� ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Section 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODECNAPTERS
II 18.330(Conditional Use) Q �8.6ZO(Tigard Triangle Design Standards) Cl �H.76O(Nonconforming Situations)
II 1 H.34O(Directors Interpretation) II �$.630(Washington Square Regional Center) � �$.7F)5(Off-SVeet Parking/Loading Requirements)
II �H.35O(Planned Development) II �H.64O(Durham Quarry Design Standards) Q 18.775(Sensitive�ands Review)
II 18.360(Site�eve�opment Review) � 1 H.7O5(Access/Egress/Ciroulation) Q �8.7SO(Signs)
II 18.370(VarianceslAdjustrnents) II �H.7�O(Accessory Residential Unils) Q 18.785(Temporary Use Permits)
II �H,3HO(Zoning Map(fext Amendmenis) JCY 18.715(Density Computations) � 18.790(Tree Removaq
II 18.385(Miscellaneous Permits) II �H.�ZO(Design Compatibility Standards) �' 18.795(visual Clearance Areas)
Ll �S.39O(Decision Making Procedures/Impact Study) � �H.�ZS(Environmental Perfortnance St�ndards) II 18.79H(Wireless Communication Faalfies)
II �$.4�O(Lot Line Adjustrnents) ❑ �H.�3O(Exceptions To Development Standards) � 'I H.H'I O(Street 8 Utility Improvement Standards)
� �8.4ZO(Land Partitions) ❑ 1 H.74O(Historic Over�ay)
II 18.430(Subdivisions) ❑ �$.742(Home Occupation Permits)
,II� 18.510(Residentia�zoning�istricts) � �H.T45(Landscaping&Screening 5tandards)
II 18.520(Commercial Zoning Districts} II �$.750(ManufaduredlMobil Home Regulations)
II 18.530(Industrial Zoning Districts) II �H.755(Mixed Solid WastelRecycling Storage)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential Application/Planning Division Section
ADDITIONQL CONCERNS OR COMMENTS:
CG ' �^-v`x �a� �DO �4 fJ l
!'z v' -c s t ,-H�b/9x s c� / �°� �+.�c�J .� tl�r."�
!�`r!/ SS � �-�.�- � ''`��e �S , /° �
�es5
/� �K&" � c�c s�
30 z� ro � �('� c �n ,
�7�iV �G� S Uf�f �' > �,D /_ .-G� GGt
dr!�,. � c�� is � c - �=G c�e�,lc- ��)
%ivo /�A� �c. /bSv/fi�v�
PROCEDUR j
� Administrative Staff Review.
[] Public hearing before the Land Use Hearings Officer.
❑ Public hearing before the Planning Commission.
n Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITiAI PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e
returned. The P anninq counter c oses at 5: 0
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/z" x 11". One 8'/Z' x 11"
ma o a ro ose ro ect s a a so e su m�tte or attac ment to t e sta re ort or
administrative decision. App ications with un olded maps shall not e accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Application/Planning Division Section
The administrative decision c blic hearing will typically occur appr nately 45 to 60 days after an
application is accepted as beir�y complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard t{t��C��v�rs aF�rC.�l� . A basic flow
chart which illustrates the review process is available from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIYISION PLAT NAME RESERVATION [County Surueyor's Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City 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 confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
development credits to the first buildinq permit issued in the development (UNLE S OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an notes cannot cover a o e requirements an aspects re ate , to
site planning that should ap ply to the develo p,ment of your site plan. Failure of the staff to provide
information required by the Code shall not const�tute a waiver of the applicable standards or requirements.
It is recommended that a prospectiye 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 Division).
/
PREPARED BY: Q G�s2�
[ITY OF TIGARD P NNI G ISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FAX: 503-684-7297 DIREfT: 503-718- Z y�
EMAIL• q����P @tigard-or.gov
TITLE 18([ITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNETAO�RESS: wuwu.tigard-or.gOY
H:lpattylmasterslPre-App Notes Residential.doc Updated: 12-Feb-07
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residen�ial Application/Planning Division Section
City of Tigard, Oregon 13125 SL�HaIl Blvd. • Tig� OR 97223 ��'�'��, �
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��
.
. -�`
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June 28, 2010
Mr. &Mrs. Robert Hoober
Fifth Ave Investments,LLC
P.O. Box 1637
Tualatin, OR 97062
RE: Subdivision case number: MLP2008-00002
Mr. &Mrs. Hoober:
On April 27, 2010 the Tigard City Council passed an ordinance to amend the Tigard Communiry
Development Code (TDC) chapters 18.360 Site Development Review, 18.420 Land Partitions, and
18.430 Subd.ivisions. The approved amendments were in response to the economic downturn.
Automaric extensions were granted to these three types of land use cases that would expire during a
certain time frame. Our records indicate that you received approval for a Minor Land 1'artition
(MLP) that may have been affected by this code amendment (see case number above).
If your approved MLP has a lapsing date between July 1, 2008 and December 31, 2011, then the
approval is automatically extended through December 31, 2012. The neu� approval period will lapse
after this date if: 1) the partition has not been recorded or has been improperly recorded with
Washington Counry without the satisfactory completion of all conditions attached to the approval;
or 2) the final recording is a departure from the approved plan.
No action is required on your part for the extension because it is automatic. A copy of this letter
will be placed in the land use file. A copy of the oxdinance with adopted language for Land
Partitions is enclosed. If you have any questions or concerns regarcling the extension or code
amendment, please contact me at (503) 718-2437 or cherylc a�,tigard-or.gov.
Suicerely,
C;�� C�,�
Cheryl Caines
Associate Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Reluy: 503.684.2772
�
.
.
• � �
Thursda��, October 18, 2O12 City of Tigard
I�ifth .���cnuc In�-estmcnts, LLC
:1ttn: Robcrt and Diana Hcx�ber
P.O. Bot 1637
"1'ualatin, OR 970G2
RI?: NO'I"IC�OI� I?�PIK;1"1'IC)N O1�I,.1Nll USE r�PPROV_1L.
Project Type: �linor Land Partiuon
Project Name: Fifth .��-enue Im-estments Partition
Project Number: ;�1LP20U8-O0002
Tax Lot Number: 2S102DD-01600
Expiration Date: December 31, 2012
Dear 1�1r. and Ms. Hoober:
"1'he purpose of this letter is to ser�=e as a courtese reminder that the Land Use 1�ppro�-al
listed above�vill expire at close of business, �londa}�, December 31, 2012.
In recognition of the effects of the economic downturn, the 'I'i�;ard Cit�� Council passed
D��°elo�ment Code :�mcndment (DC:�) 2010-00001 on.�pril 27, 2010 to e�tend until
D�cember 31, 2012 the l,and Use .�ppro�-als for Site De�-elopment Re�-ie�vs and �linor I.and
Parriti��ns that other�vise �vould ha�-e eapired bet��een Jul�� 1, 2008 and December 31, 2O11.
'1'his is incorporated in Tigard 1�lunicipal Code 18.420.030.11.2 which states that: "l�ppr<�val
periods for land parritions lapsin� benveen July 1, 2008 and December 31, 2011 shall be
aut��matically extended through Deccmber 31, 2012. No further e�tensions�vill be granted."
,lccording to our records, your ori�;inal appro�Tal foY the abo�-e project would haee expired
during that july� 1, 2008 — Deccmbcr 31, 2011 period and that appro��al�vas, thcrefore,
e�tended b�� DC��2O10-00001 until December 31, 2012. No further e�tension�is a�-ailable.
Yc�u can secure ��our I.and Use .1�}�ro�-al against et�iration if�-<>u submit a recorded final
plat to thi� officc prior to close of business, ��fonda�-, December 31, 2OL. I'lease let us
know if��ou anricipate submitting a recorded plat.
Sincer ,
. lbcrt �hields
Pr�>�ram Dc�-clopmcnt Specialist
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
3 LOT PARTITION
DEVELOPMENT REVIEW PLANS � '"
LOCATED IN THE SE 1/4 NE 1/4 OF SECTION 2
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, ..,
WASHINGTON COUNTY, OREGON
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' PRELiMi�1WY LRADiNC P R TRFE CqESEMAi10N CLW �of 1
PRELIMH�IIY UIIIJIT PLW 5 a�>
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FEBRUARV 28,2008
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SGB (303)�II-99]1
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NO"E REFER TO ARBORIST REPORT FOR
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AND HEALTH.
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NOTES
TREES p -3 7-B AND i6-9 ARE NOi ON THE PROPEkTV /��
�p�.�,� AIEANOER FU�l1RE SIpEWALK AROUND TREE q 5.
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f "��E 1ii0"""10N AND NOTa' FIFfH AVENUE INVESTMENTS LLC
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o eox�wz nwnnH,�c�acs $876 SW EDGEWOOD STREET
' acn w�-nsi-m» a-Fx,as:_
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TYPICAL�EECTION
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I o0 89
3 N 16�00 `D � (FUTURE REALIGNMENT
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I- ' PARCEL 1 � - �� - -
3' �� � 8,784 SF p I PARC0. 2 PARCEL 3
� I� �.SSZ sr 8,544 SF � 8,604 SF � � �
� w�o ne zsss sF SW EDGEWOOD STREET
, I �., � W�0 AE . . MICAL SECTION 1/2 STRELT IMPRON[MENT
I � / EAST 51MDE OF STREET
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PER DEE�DOC. N0.95021�
NOTES:
TREES g I-3 7-8 AND I6-19 ARE N07 ON THE PROPERTY INSTALL TREE PROTECTION � �
/ MEANDER FU�URE SIDEWALK AROUND TREE // 5. �ENCiNG
� o�m
� i S' ►fIN1AlUM CWVN IJNK 7REE PR07ECTION FENCE
j N
i FUTURE EYEBROW
CORNER
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I
I � � �crrNn. PARCELS 2 AND 3 WILL HAVE A II
� j �mm��„nES TYPICAL i" WATER SERVICE
"„m„rn I I �SnM`uTMnES INSTALLED PER STANDARD DETAIL 520.
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