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HomeMy WebLinkAboutMLP2011-00001 MLP2O11 - 00001 WILSON PARTITION NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 --09 WILSON PARTITION T I GARD' THIS NOTICE OF BEING RE-ISSUED TO CORRECT AN INCORRECT REFERENCE TO THE FILE NUMBER. THEREFORE, THE APPEAL PERIOD HAS BEEN EXTENDED ACCORDINGLY. 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet.An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Gamer Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James St.;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2011-0(XX1/WILSON PARTITION PAGE 1 OF 25 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 1. 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 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. 2. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals 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. NO'IE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 3. 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 Development Engineering will delay processing of project documents. 4. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. 5. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 6. Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. 7. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 8. 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. 9. The applicant shall submit a preliminary plat for review. The plat shall include a 2-foot right-of-way dedication along the frontage of SW James Street. In addition,it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 2 OF 25 10. The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. 11. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. 12. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat,including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. 13. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. 14. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. 15. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 16. 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 (503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. e. The final plat shall include all easements required and reference the joint access easement agreement by document number 1. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the city has reviewed the final plat and submitted comments to the applicant's surveyor. g. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE WORK AND BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: NOTICE OF DECISION MLP2011-(XX)O1/WILSON PAR"ITI ION PAGE 3 OF 25 17. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 18. Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely 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. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant must obtain the PFI permit before any work begins either on the site or within the public right- of-way. 21. Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 22. 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. 23. The applicant shall pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). 24. The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. 25. Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. THE FOLLOWING CONDITIONS SHALL BE AHERED TO FOR THE DURATION OF ANY SITEWORK OR THE CONSTRUCTION OF NEW BUILDINGS: 26. 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 NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 4 OF 25 reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor,the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection, 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. 28. Prior to final inspection, 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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 29. Prior to issuance of Certificate of Occupancy for the new building,underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. 30. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. 31. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. 32. Prior to Certificate of occupancy,the applicant shall satisfy all requirements of TVF&R. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject 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 subject lot was developed with a single-family dwelling in NO110E OF DECISION MLP20 1 1-00001/WILSON PARTITION PAGE 5 OF 25 • 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R-4.5. The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. SECTION IV. PUBLIC COMMENTS The city mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from Nicholas Shepard who expressed concern for the small lot sizes proposed in the application,noting their dissimilarity with existing development whose uniqueness and value was due in large part to"lot sizes and neighbor distance". RESPONSE: As detailed in the findings below, the proposed lot sizes satisfy all applicable development criteria. Consistency of lot sizes with existing,adjacent neighbors is not an approval criterion. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet city and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction,at which time the appropriate review authority will ensure that city and applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are both 100 feet in width. Therefore,this criterion has been met. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 6 OF 25 The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the access drive) that are 8,999 square feet and 11,024 square feet.Therefore,this criterion 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. Proposed Parcel 1 would have 100 feet of frontage along James Street. Proposed Parcel 2 would have a 20'wide access easement to SW James Street. Therefore,this criterion is satisfied. 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, flag lot side = 10 feet; side on a corner = 15 feet, and rear =15 feet. The existing structure on Parcel 1 will comply with these standards. The applicant has included a building envelopes for parcel 2 demonstrating future compliance with these standards. Setback standards for the proposed lots will be reviewed at the time of building permit submittal. 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 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary 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 proposed 15-foot access drive for Parcel 2 will be located 5 feet from the western property line. At present, the property line is demarcated by a chain link fence located on the neighbor's property. To ensure the screening standard is met, the applicant proposes the installation of 188 linear feet of chain link fence with screening slats (Sheet 3 of 5). The height of the proposed fence is six feet,which exceeds the three foot maximum height limit for fences in front yard areas (18.745.050.C.2) and visual clearance requirements (18.794.030.B). A condition of approval will ensure the new fence satisfies height and vision clearance requirements. 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) was sent a copy of the proposal and submitted written comments on June 27, 2011. In their comments TVF&R stated that a structure must be within 600 feet from a fire hydrant apparatus access road, as measured in an approved route around the exterior of the structures. City maps indicated that fire hydrants are located approximately 200 feet to the west of the northwest corner of project site, and approximately 270 feet from the northeast corner of the project site. The letter also provides for residential fire sprinklers as an alternate means of NOTICE OF DECISION MLP201 1-00001/WILSON PARTITION PAGE 7 OF 25 protection. A condition of approval has been added that requires the applicant to comply with TVF&R standards prior to the issuance of building permits for Lot 2. 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 does not propose any common drives.Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) 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 269 and 276 feet and is 0.6 miles to the north at 170 feet. 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 indicated in the above findings and required in the following conditions of approval. CONDITIONS: Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 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 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7,500 sq.ft. 8,999 sq.ft. 11,024 sq. ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 100 ft. 100 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks -Front yard 20 ft. 20 ft. Per -Side facing street on corner&through lots 15 ft. NA Bldg. -Side yard 5 ft. 19/22 ft. Permit NOTICE OF DECISION MLP2O11-00001/WILSON PAR'ITPION PAGE 8 OF 25 -Rear yard 15 ft. 15 ft. Review -Side or rear yard abutting more restrictive zoning district -- -Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. Minimum Landscape Requirement - NA NA FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards (18.730.020.C),which are addressed below in the Exceptions 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 5) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access, Egress and Circulation (18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the city. 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 stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the City of Tigard and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW James Street is classified as a local street. The subject parcels are more than 300 feet west of 1215` Avenue, a collector. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 9 OF 25 Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements,leases or contracts are placed on permanent file with the city. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW James St.,consistent with this standard. Minimum access requirements for residential use. Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95th Avenue through a 20-foot wide access easement across Parcel 1. This criterion is satisfied Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a)A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet;b) A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 115 feet. Therefore, this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): 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 all of the land included in the legal description 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 private streets;and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre,divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum NOTICE OF DECISION MLP2011-00001/WIISON PARTITION PAGE 10 00 25 number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The subject parcel is .46-acres (20,223 square feet) in size. There are no sensitive lands and no dedications for public parks. The applicant has offered 200 square feet of public rights-of-way dedication for the subject proposal. The applicant proposes 8,999 square feet for Parcel 1 to contain the existing dwelling. Parcel 2 would then be 11,024 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (11,024 square feet/7,500 square feet/unit = 1.47 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above, the Density Computation Standards have been met. Environmental Performance Standards (18.725): Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial 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 emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340- 28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare,whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. 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 a typical detached single-family project,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 beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. NOTICE OF DECISION MLP2011-(()001/WILSON PARTITION PAGE 11 OF 25 Landscaping and Screening(18.745): 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 saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). The applicant plans on retaining nine trees on the subject parcel, and removing ten. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 5) shows tree protection fencing for these trees. Additional details regarding this requirement are discussed in Section 18.790. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The application includes the planting of two green ash trees to satisfy this requirement,as demonstrated on sheet 3 of 5. The City Arborist has reviewed the location and species of the proposed trees, and finds them consistent with city standards for street trees. This criterion is satisfied. Buffering and Screening Requirements: Section 18.745.050.B Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However, as conditioned above and restricted below, privacy screening is required pursuant to Section 18.420.050.A.4.f. The application complies with this standard through the erection of a six foot high fence with screening slats. Fences or walls may not exceed three feet in height in a required front yard along local streets, and shall meet vision clearance requirements in Chapter 18.795. As discussed above, the project includes a six foot high fence to comply with screening requirements. This is inconsistent with height limits on fences in front yard areas and visual clearance requirements. A condition has been added that will ensure compliance with this standard. FINDING: The landscape and Screening standards have all been met, or will be satisfied with conditions discussed in other sections of this staff report. CONDITION: Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). Off-Street Parking And Loading Requirements (18.765): This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 12 OF 25 • plans for the construction of a new dwelling 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 maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. Staff finds that with the lot size and setback requirements,ample off-street parking will be available, consistent with this standard. Tree Removal (18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Plan consisting of an Arborist Report prepared by Rob Lloyd, ISA dated March 9, 2011 and a site and erosion control plan signed by the Mr. Lloyd (sheet 4 of 5). The plan inventories the existing trees, identifies those proposed for removal, and indicates the recommended locations of tree protection fencing. Over 75% of the trees over 12 inch diameter will be retained, so no mitigation is required. This criterion is satisfied. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. 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 satisfy the following conditions of approval: CONDITIONS: Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 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 NOTICE OF DECISION MLP2011-00001/WI LSON PARTITION PAGE 13 OF 25 Arborist monitors the construction activities from initial tree protection zone (l'PZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals,and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, 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/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 aborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area 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 Site and Composite Utility Plan (Sheet 3 of 5) indicates a proposed 6' fence adjacent to the proposed driveway. This is inconsistent with the required vision clearance area. As discussed above in landscaping standards, fences are not allowed to exceed three feet in height within the front yard setback and a condition has been added to require the fence be lowered to three feet. As conditioned, the project will satisfy this standard. Impact Study (18.390): Section 18.360.090 states, "The Director shall make a finding with respect 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 improvements necessary to meet city standard, and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the NOTICE OF DECISION MLP2011-00(K1/WILSON PARTITION PAGE 14 OF 25 public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The project will partition an existing lot measuring 100 feet wide,by 200 feet deep,into two parcels. The existing house will remain on the front parcel, and a new structure is proposed on the rear parcel. The existing house does not receive sanitary sewer or stormwater services. Sanitary sewer is available and will be provided to both the existing and proposed house as a result of this partition, the costs of which will be offset by payments to Sewer Reimbursement District No. 30 and CWS sewer connection fees. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval required in this decision. The Washington County Transportation Development Tax (1'DT—effective July 1, 2010) is a mitigation measure that is required at the time of development. Based on Washington County figures TDTs are expected to recapture 18.9 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TDTs of approximately$4,599 (Effective July 1,2010)per new dwelling unit. Based on the estimate that total"1'DT fees cover 18.9 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $27,656 ($5,227 divided by .189). The difference between the TDT paid, and the full impact, is considered the unmitigated impact on the street system; therefore the unmitigated impact of this project is $22,429 ($27,656 - $5,227). The site has approximately 100 feet of frontage along SW James Street,a local street. Two feet of right-of-way dedication is required to meet current standards. The total dedication will be approximately 200 square feet. The estimated cost of the dedication is $600 (200 square feet x $3.00/square foot). The dedication is required to meet the street improvement requirements of Section 18.810.030. The total cost is less than the unmitigated impact on the arterial and collector system. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street,which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. NOTICE OF DECISION MLP2011-00001/WII SON PARTITION PAGE 15 OF 25 There are no curbs or sidewalks along James Street. No street improvements are required with this MLP. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20-foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32-foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of-way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the right-of-way line.After that point,it may be concrete or asphalt. Future Street Plan and Extension of Streets: Section 18.81O.O30.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. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. 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 18.81O.O30.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.O3O.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround; use of turnaround configurations NOTICE OF DECISION M,P2011-00001/WII SON PARTITION PAGE 16 OF 25 other than circular, shall be approved by the City Engineer; 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; and if a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. No cul-de-sacs are proposed.This criterion does not apply. 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. • 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. No new streets are being created with this partition, this standard does not apply. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development. Therefore,this standard does not apply. 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. All proposed lots are less than 1.5 times the minimum lot size and are therefore,exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 20-foot access easement across Parcel 1,consistent 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 property adjoins James Street,located between 1215`and 124th Avenue. None of these streets have sidewalks. The project does not propose sidewalks, but will result in the dedication of 2 feet of right-of-way which would provide sufficient right-of-way for the addition of sidewalks at a future date. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 17 OF 25 • 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. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. The project is located within Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a 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 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 resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek,the storm water runoff will be permitted to discharge without detention. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 18 OF 25 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 quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. A fee-in-lieu of storm water detention will be charged for the new lot, and a storm water connection permit shall be obtained from CWS prior to recordation of the final plat. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW James Street is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The city reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer,shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in- lieu for undergrounding of lines along the property frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of $3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: NOTICE OF DECISION MLP2011-00001/WIISON PARTITION PAGE 19 OF 25 Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The city has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition,a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval. This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the city prior to final plat approval. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the city's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the city's GPS survey. > By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FINDING: As discussed above, with conditions the project can comply with all street and utility improvement standards. CONDITIONS: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT NOTICE OF DECISION MI,P2011-00001/WILSON PARTITION PAGE 20 OF 25 APPROVAL: 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 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. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 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 Development Engineering will delay processing of project documents. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 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 applicant shall submit a preliminary plat for review.The plat shall include a 2-foot right-of- way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 21 OF 25 The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date,an additional fee involving increase in interest will be charged. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 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 (503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. G. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. NOTICE OF DECISION MLP2011-00001/WII SON PARTITION PAGE 22 OF 25 Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 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 pay the standard water finality fee for that lot (fee amount will be the latest approved by CWS). The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: Prior to issuance of Certificate of Occupancy for the new building, underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. SECTION VI. OTHER STAFF COMMENTS City of Tigard Arborist submitted comments which have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 11-000234) which found that no sensitive area appears to be located within 200 feet of the subject site. The agency also submitted a comment letter dated June 24, 2011 requesting a condition of approval requiring the applicant to obtain a Storm Water Connection Permit Authorization prior to any site work or partition plat recording. This request has been incorporated into the Conditions of Approval. Tualatin Valley Fire and Rescue (TVF&R) submitted written comments in a letter dated June 27, 2011. In their letter, TVF&R endorsed the proposal predicated on six criteria and conditions. Conditions of approval have been added that require TVF&W standards be met prior to the issuance of site work and building permits,and again prior to occupancy. 1) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) NOTICE OF DECISION MLP2011-00001/WILSON PARTTI'ON PAGE 23 OF 25 Note:If residential fire sprinklers are elected as an alternate means of protection and the system will be supported by a municipal water supply, please contact the local water purveyor for information surrounding water meter sizing. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 60,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (OFC D102.1) This design criteria applies to the private driveway serving parcel#2 as it is part of the fire access route. 3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (OFC B105.2) Prior to issuance of a building permit, provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 4) FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) Sheet 3 states that there is a fire hydrant within 400 feet of from the development however where this distance was measured from is not specified. Please clarify. A fire hydrant is required to be within 600 feet southeast corner of the structure on parcel#2. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 6) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a 1/2 inch stroke. (OFC 505.1) SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 5,2011 AND BECOMES EFFECTIVE ON JULY 20,2011 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 24 OF 25 Appeal: 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 appeal together with the required fee shall be filed with the Director within ten (10)business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. 'UMW -/MN THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 19,2011. Questions: If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at(503) 639-4171. July 5,2011 PREPARED John Floyd DATE Associate Planner \curpin\johnf\mlp\m1p2011-00001 12190 sw fames\m1p2011-00001 draft decision.doc NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 25 OF 25 J —L �' I I 71 Trr"r��rr P G1 VICINITY MAP EB UM = ?, y MLP2011-00001 40 um I MN 11111111 '� _ ` ': WILSON PARTITION 11 1111 5z 1111111 11111 111.11111 71 1111111.111111011 10ACB[RTT 5 r I Ilkc it _____ , j _ is:....) I 1 r x Subject Site IMP to'I— li ,,-.'( 1.11116 14.4 /.7 Aeogiew. tc. . •1 ._ 1{ JAMES ST .ta _ -; ■••4 11114, • • -.; 1 [ • r -, 9 ,4 I ( m i a 1:41 104 VIII iiii. etiii-A-Rioirlimir C 1 A o(i ." 111 ,2,-. AI information on this map is for general location rrti,' r'r 0[ OVVIN 11 ��- onlyy and should be veAfled iwth the ��- Dsvent es DlYlslon.���� j ��'.* — Approx Scab 1:4,000-1 in=333 ft — �1 1�� menvir, � � . P Punted at 0921 AM on 14-Jun-11 Y?��,��JL CkFl if � '� ���� "y .KES'NO RRANTYRE `PRESPENTATIONOROUARANTEEAST�OTHE rt CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF �° �� 4 +illp '11111111 ,� N L t.4 FOR ANY ERRORS.OMISSIONS,OR - ._ . .. f-allinnarAM .r 4,,,pj IWORMATION PROVIDED REGARDLESS OF CAUSED. 111111/411,711 city of Tigard 13125 SW HaN f3Wd Feet 1 Tigard,,O 4173 a 500 r. i 41101, ... www.tgard-or.gdv I I, i,I) • • • N S.W. JAMES STREET rte- •. y . '..� S :.. �+' :.s . .•:-,-c--s,.�' .=«s s T-.4*-:7,5 "• -s_ (p)-s., r:9 __ • _a,•.rte- .• . . W4-E .• SCALE 1•.20 �.' •' 19 .. 1,•. II 1 0 20 NOTES: ZONE IS R4.5 1 : `` ',.!...P - UTILITIES, BUILDING AND FEATURE •~. `";`d -, . 4• • ■ W (A O�1 LOCATIONS SHOWN ARE BY FIELD '' Y :',•'..;'.:' .� Q m rn SURVEY. OTHER UTILITIES MAY EXIST, n ! PARCEL 1 • Cl 6 m AND EXACT POSITIONS MUST BE ,+`.• '' • 1T, t2 9.999 Sr 8 a r O a LOCATED PRIOR TO ANY WORK. . • C1 ;�0 < :' 1 N o DIMENSIONS AND AREAS MAY VARY ig 1 ra Z'~ a SLIGHTLY UPON FINAL BOUNDARY o : .A,- 7 s► 600,:e"' RESOLUTION • 1 ' , n ,r SYMBOLS •• >T O 40 am CONTOUR INTERVAL IS 1.00'. VERTICAL W TO1• ' 4 • ■ FOUND MONUMENT =Q R.-el DATUM BASED ON CITY OF TIGARD $ 7 g POWER POLE to — -. < BRASS DISK /263 WITH ELEVATION OF $ t� .'•I- NNMG w Ow- WATER METER- s f * C 0 241.91 FEET. `r ' 2 ,'J O V• ELECTRIC METER ,� 'g / 569'50 00'E 100.00' till w- as BEARMIGS M!D LOT DIMENSKNIS ARE � �W. WATER VALVE A. PER PLAT 5755 WASHINGTON COUNTY Tv N 01v- GAS VALVE Q PUBLIC RECORD. H ® . MANHOLE A . 0 cARACE ti '��' ® FIRE HYDRANT , 311111 PARCEL 2 —w—- WATER UNE o,.. kiiirlAIL,, 11,024 SF c —E—- ELECTRIC LINE 0 -ETAINWG WALL —S—- SAN. SEWER s TAG1T l i 17W1:- G- ORNEWAY i u� 27 O I - .�L7f/-, ' . SIDEWALK 4••• •-•'-• JI1LY 1M0 t Vit.*,..4 1 ). DECIDUOUS O )( JOE N. FERGUSON I C .r,...... ..a..r -- OM t 1 II p I CERTBY THAT US IMP W41 PREPARED ?> 1� �• - COHIFIR WIND N►PRODUCT.518404 Alt ON MK-1624 Nil/ iJJ 1,1:::., j k1 I • *ROAD PROFILE � AWING WALL" 1"=40' HORIZ p�+‘(3 2 ?• 1(I I , PROJECT SITE S61F50'00 E 100.00' t` t` . N .11 m .- ,•) Y) 0 0) 7 < 711* :S'•' p'„'9 i. �1;''z •v 99 1-t .N N N N F. (V N N N N N N N N ,O 1;,�(�' - ��,.4'�t!E 1. }t'°(`• N to ,e, ,D ,O N N f-l.. f�, (11`.:.7tom? •r 41 JOB NO. 10-117 DATE: FEBRUARY 29. 2011 Cam: SITE PLAN DRAFTED 02 26 11 BIG MOOSE DEVELOPMENT. INC. Ferguson Land Surveying, Inc. REYLSED 12190 SW JAMES ST. LOT 6• +ETTE'� 646 SE 106TH AVE. PORTLAND, OR 97216 TIGARD. OREGON SITUATED IN THE SOUTHWEST 1/4 OF SECTION 3.T.2S., R.AW., W.M.. SHEET 1 OF 1 MIRED IN THE CITY OF TIGARD. WASHINGTON COUNTY, OREGON Phone (503) 408-0601 Fox (503) 408-0602 REARED DATE: FEBRUARY 24, 2011 NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2010-00001 's WILSON PARTITION TIGARD 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James St.;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NO'1 lCI?of 1)I X]SION Ml.l'201l-INNN)1/WII.S()N P.\R'IiTION P.\G1:1()F 25 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 1. 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 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. 2. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 3. 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 Development Engineering will delay processing of project documents. 4. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. 5. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 6. Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. 7. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 8. 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. 9. The applicant shall submit a preliminary plat for review. The plat shall include a 2-foot right-of-way dedication along the frontage of SW James Street. In addition,it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. N0I'J( I?01,1)I:CIsioN M1.P2011-INNNll/WII SON P.\R'ITIiON 1'\G1?201,25 10. The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. 11. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. 12. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat,including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. 13. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. 14. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. 15. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 16. 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 (503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. e. The final plat shall include all easements required and reference the joint access easement agreement by document number f. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the city has reviewed the final plat and submitted comments to the applicant's surveyor. g. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE WORK AND BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: N(Yl'1CI{OF 1)I:CISION MI,P2011-0M01/WILSON PARTITION PAGI.:3 OF 25 17. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 18. Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely 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. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant must obtain the PFI permit before any work begins either on the site or within the public right- of-way. 21. Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 22. 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. 23. The applicant shall pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). 24. The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. 25. Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. THE FOLLOWING CONDITIONS SHALL BE AHERED TO FOR THE DURATION OF ANY SITEWORK OR THE CONSTRUCTION OF NEW BUILDINGS: 26. 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 NO'17CI S OF DECISION 1\11,P2OI1-INNN)I/WII SON PARTITION PACI?4 OF 25 reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection, 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. 28. Prior to final inspection, 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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 29. Prior to issuance of Certificate of Occupancy for the new building,underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. 30. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. 31. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. 32. Prior to Certificate of occupancy,the applicant shall satisfy all requirements of TVF&R. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject 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 subject lot was developed with a single-family dwelling in NO'l1Cl:OI,D!:(:IsI()N ,V2u11-(NNN)1/VT1]SON 1.\RITI1(1N 1'.\G1.5OF25 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R-4.5. The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. SECTION IV. PUBLIC COMMENTS The city mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from Nicholas Shepard who expressed concern for the small lot sizes proposed in the application,noting their dissimilarity with existing development whose uniqueness and value was due in large part to "lot sizes and neighbor distance". RESPONSE: As detailed in the findings below, the proposed lot sizes satisfy all applicable development criteria. Consistency of lot sizes with existing,adjacent neighbors is not an approval criterion. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore,this criterion is met. All proposed improvements meet city and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that city and applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are both 100 feet in width. Therefore,this criterion has been met. N<)'17CI?01,DECISION N11.1,2011-1M11/WILSON PAR'17'I1ON PAGE 6 OF 25 The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the access drive) that are 8,999 square feet and 11,024 square feet. Therefore, this criterion 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. Proposed Parcel 1 would have 100 feet of frontage along James Street. Proposed Parcel 2 would have a 20'wide access easement to SW James Street. Therefore,this criterion is satisfied. 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, flag lot side = 10 feet; side on a corner = 15 feet, and rear =15 feet. The existing structure on Parcel 1 will comply with these standards. The applicant has included a building envelopes for parcel 2 demonstrating future compliance with these standards. Setback standards for the proposed lots will be reviewed at the time of building permit submittal. 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 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary 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 proposed 15-foot access drive for Parcel 2 will be located 5 feet from the western property line. At present, the property line is demarcated by a chain link fence located on the neighbor's property. To ensure the screening standard is met, the applicant proposes the installation of 188 linear feet of chain link fence with screening slats (Sheet 3 of 5). The height of the proposed fence is six feet,which exceeds the three foot maximum height limit for fences in front yard areas (18.745.050.C.2) and visual clearance requirements (18.794.030.B). A condition of approval will ensure the new fence satisfies height and vision clearance requirements. 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) was sent a copy of the proposal and submitted written comments on June 27, 2011. In their comments TVF&R stated that a structure must be within 600 feet from a fire hydrant apparatus access road, as measured in an approved route around the exterior of the structures. City maps indicated that fire hydrants are located approximately 200 feet to the west of the northwest corner of project site, and approximately 270 feet from the northeast corner of the project site. The letter also provides for residential fire sprinklers as an alternate means of myna{OF DECISION M1,1)2011-001101/W11 SON PARTITION 1)1GI:7 OF 25 • protection. A condition of approval has been added that requires the applicant to comply with TVF&R standards prior to the issuance of building permits for Lot 2. 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 does not propose any common drives.Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) 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 269 and 276 feet and is 0.6 miles to the north at 170 feet. 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 indicated in the above findings and required in the following conditions of approval. CONDITIONS: Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 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 Z_ ONES STANDARD R-4.5 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7,500 sq.ft. 8,999 sq.ft. 11,024 sq. ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 100 ft. 100 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks -Front yard 20 ft. 20 ft. Per -Side facing street on corner&through lots 15 ft. NA Bldg. -Side yard 5 ft. 19/22 ft. Permit NOTICE OE DECISION \41.1'21111-INK101/WIJ tiON PARTITION I'AGI?K OF 25 -Rear yard 15 ft. 15 ft. Review -Side or rear yard abutting more restrictive zoning district -- -Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. Minimum Landscape Requirement - NA NA FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards (18.730.020.C),which are addressed below in the Exceptions 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 5) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access. Egress and Circulation (18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the city. 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 stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the City of Tigard and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW James Street is classified as a local street. The subject parcels are more than 300 feet west of 121" Avenue, a collector. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. NOTICE OF DECISION NII,P2011-(NHH)I/WILSONP.\RITIION PAGE 9 OF 25 Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the city. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW James St.,consistent with this standard. Minimum access requirements for residential use. Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95`'' Avenue through a 20-foot wide access easement across Parcel 1. This criterion is satisfied Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a)A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet;b) A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 115 feet. Therefore, this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): 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 all of the land included in the legal description 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 private streets;and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum NOI1CI:OFDECISION MI.P2011-U Nfl/WIISONP:\RTI"IION P:\GIB.lu OF 25 • number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The subject parcel is .46-acres (20,223 square feet) in size. There are no sensitive lands and no dedications for public parks. The applicant has offered 200 square feet of public rights-of-way dedication for the subject proposal. The applicant proposes 8,999 square feet for Parcel 1 to contain the existing dwelling. Parcel 2 would then be 11,024 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (11,024 square feet/7,500 square feet/unit = 1.47 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above, the Density Computation Standards have been met. Environmental Performance Standards (18.725): Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial 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 emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340- 28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare,whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. 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 a typical detached single-family project,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 beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. N( OF DI{CISION MI,I'201I-1KMNI1/WII SON P.\R'I'I'IlON V:\GI:11 OF 25 Landscaping and Screening (18.745): 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 saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). The applicant plans on retaining nine trees on the subject parcel, and removing ten. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 5) shows tree protection fencing for these trees. Additional details regarding this requirement are discussed in Section 18.790. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The application includes the planting of two green ash trees to satisfy this requirement,as demonstrated on sheet 3 of 5. The City Arborist has reviewed the location and species of the proposed trees, and finds them consistent with city standards for street trees. This criterion is satisfied. Buffering and Screening Requirements: Section 18.745.050.B Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However, as conditioned above and restricted below, privacy screening is required pursuant to Section I8.420.050.A.4.f. The application complies with this standard through the erection of a six foot high fence with screening slats. Fences or walls may not exceed three feet in height in a required front yard along local streets, and shall meet vision clearance requirements in Chapter 18.795. As discussed above, the project includes a six foot high fence to comply with screening requirements. This is inconsistent with height limits on fences in front yard areas and visual clearance requirements. A condition has been added that will ensure compliance with this standard. FINDING: The landscape and Screening standards have all been met, or will be satisfied with conditions discussed in other sections of this staff report. CONDITION: Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). Off-Street Parking And Loading Requirements (18.765): This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed N(YI1( I?01 1) x;lsloN M1.1'2011-(MNA11/W11SUN 1'\R'IiTION 1',\GIS 12 OF 25 plans for the construction of a new dwelling 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 maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. Staff finds that with the lot size and setback requirements,ample off-street parking will be available,consistent with this standard. Tree Removal(18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Plan consisting of an Arborist Report prepared by Rob Lloyd, ISA dated March 9, 2011 and a site and erosion control plan signed by the Mr. Lloyd (sheet 4 of 5). The plan inventories the existing trees, identifies those proposed for removal, and indicates the recommended locations of tree protection fencing. Over 75% of the trees over 12 inch diameter will be retained, so no mitigation is required. This criterion is satisfied. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. 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 satisfy the following conditions of approval: CONDITIONS: Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 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 NO n(;I:OF 1)I.(;ISION \11,'21111-004XJI/WII 4<)N PAR ITI ION P\GI?13 OF 25 Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, 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/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 aborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight(8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area 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 Site and Composite Utility Plan (Sheet 3 of 5) indicates a proposed 6' fence adjacent to the proposed driveway. This is inconsistent with the required vision clearance area. As discussed above in landscaping standards, fences are not allowed to exceed three feet in height within the front yard setback and a condition has been added to require the fence be lowered to three feet. As conditioned,the project will satisfy this standard. Impact Study (18.390): Section 18.360.090 states, "The Director shall make a finding with respect 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 improvements necessary to meet city standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the NOTICE OFlI,C1S1ON 511.P2011-uNNNl1/WlltiONPARTITION PAGE 14OF25 public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The project will partition an existing lot measuring 100 feet wide,by 200 feet deep,into two parcels. The existing house will remain on the front parcel, and a new structure is proposed on the rear parcel. The existing house does not receive sanitary sewer or stormwater services. Sanitary sewer is available and will be provided to both the existing and proposed house as a result of this partition, the costs of which will be offset by payments to Sewer Reimbursement District No. 30 and CWS sewer connection fees. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval required in this decision. The Washington County Transportation Development Tax (TDT— effective July 1, 2010) is a mitigation measure that is required at the time of development. Based on Washington County figures TDTs are expected to recapture 18.9 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TDTs of approximately$4,599 (Effective July 1, 2010)per new dwelling unit. Based on the estimate that total'1'DT fees cover 18.9 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $27,656 ($5,227 divided by .189). The difference between the TDT paid, and the full impact, is considered the unmitigated impact on the street system; therefore the unmitigated impact of this project is $22,429 ($27,656 - $5,227). The site has approximately 100 feet of frontage along SW James Street,a local street. Two feet of right-of-way dedication is required to meet current standards. The total dedication will be approximately 200 square feet. The estimated cost of the dedication is $600 (200 square feet x $3.00/square foot). The dedication is required to meet the street improvement requirements of Section 18.810.030. The total cost is less than the unmitigated impact on the arterial and collector system. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 strcct trees. This site is located along SW James Street,which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. N(Yl i :I.:OF 1)1.:CISION M1.1)2011-UHHH11/VVI1 SON PAR"1'1'1'I0N 1'ACF 15 OF 25 There are no curbs or sidewalks along James Street. No street improvements are required with this MLP. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20-foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32-foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of-way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the right-of-way line.After that point,it may be concrete or asphalt. Future Street Plan and Extension of Streets: Section 18.81O.O3O.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. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround; use of turnaround configurations NO'I'I(:I?OF IF(:1SION M1,1'2011-00001/WIISON P.\R I'I'I ION 1).\(;F:16 01;25 25 other than circular, shall be approved by the City Engineer; 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; and if a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. No cul-de-sacs are proposed.This criterion does not apply. 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. • 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. No new streets are being created with this partition, this standard does not apply. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development.Therefore,this standard does not apply. 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. All proposed lots are less than 1.5 times the minimum lot size and are therefore,exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 20-foot access easement across Parcel 1,consistent 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 property adjoins James Street, located between 121" and 124th Avenue. None of these streets have sidewalks. The project does not propose sidewalks, but will result in the dedication of 2 feet of right-of-way which would provide sufficient right-of-way for the addition of sidewalks at a future date. N01'ICI:()I:DI.CIS10N M1,P2o11-(NNN11/WILSON PARTITION PAGE 17 01 25 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. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. The project is located within Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a 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 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 resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek,the storm water runoff will be permitted to discharge without detention. N(YrICF.OI DF:ClSION Ni1.P2(111-IMNM11/WILSON PARITI ION P.\GI.15 OF 25 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 quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. A fee-in-lieu of storm water detention will be charged for the new lot, and a storm water connection permit shall be obtained from CWS prior to recordation of the final plat. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW James Street is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The city reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer,shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in- lieu for undergrounding of lines along the property frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of $3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: NoTi c k of llI sCI SI ON N1l.P2u11-U N N x 11/w11.SON P:1R"I'I'17ON PaG I?1901,25 Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The city has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition,a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval. This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the city prior to final plat approval. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the city's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: ➢ GPS tie networked to the city's GPS survey. ➢ By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FINDING: As discussed above, with conditions the project can comply with all street and utility improvement standards. CONDITIONS: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT NOT ICI?UI I)I CISION AlJ.P2011-00N11/Wll tiON PARTITION PACF20 OF 25 APPROVAL: 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 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. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 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 Development Engineering will delay processing of project documents. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 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 applicant shall submit a preliminary plat for review. The plat shall indude a 2-foot right-of- way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. Nancy..01:DH(:1SION 1M11.Y2O11-INNMl1/WIJ ON P\R"1TI1ON PAGE 21 0125 The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system,or disposed of appropriately on-site. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date,an additional fee involving increase in interest will be charged. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. G. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. NO110EOl 1311:1S1 ON M1.P211]-tXXX11/WILSON PARTITION PAGE 22O1:25 Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 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 pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: Prior to issuance of Certificate of Occupancy for the new building, underground utility service shall be extended and completed to each structure on the two lots.The existing house needs to be connected to underground utility service as part of this condition. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. SECTION VI. OTHER STAFF COMMENTS City of Tigard Arborist submitted comments which have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 11-000234) which found that no sensitive area appears to be located within 200 feet of the subject site. The agency also submitted a comment letter dated June 24, 2011 requesting a condition of approval requiring the applicant to obtain a Storm Water Connection Permit Authorization prior to any site work or partition plat recording. This request has been incorporated into the Conditions of Approval. Tualatin Valley Fire and Rescue (TVF&R) submitted written comments in a letter dated June 27, 2011. In their letter, TVF&R endorsed the proposal predicated on six criteria and conditions. Conditions of approval have been added that require TVF&W standards be met prior to the issuance of site work and building permits,and again prior to occupancy. 1) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) NOTICE OF DECISION M1.P2011-I0001/WILSON PAR'ITIlON PAGE 23 OF 25 • Note: If residential fire sprinklers are elected as an alternate means of protection and the system will be supported by a municipal water supply, please contact the local water purveyor for information surrounding water meter sizing. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 60,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (OFC D102.1) This design criteria applies to the private driveway serving parcel#2 as it is part of the fire access route. 3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (OFC B105.2) Prior to issuance of a building permit, provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 4) FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) Sheet 3 states that there is a fire hydrant within 400 feet of from the development however where this distance was measured from is not specified. Please clarify. A fire hydrant is required to be within 600 feet southeast corner of the structure on parcel#2. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 6) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a 1/2 inch stroke. (OFC 505.1) 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 JUNE 29,2011 AND BECOMES EFFECTIVE ON JULY 15 UNLESS AN APPEAL IS FILED. Appeal: 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 N(YI'ICE OF I)F(:ISION MI.P201I-iMx)x11/WILSON PARTITION I1ON P:\GE 24 OF 25 appeal together with the required fee shall be filed with the Director within ten (10)business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. • Am it MININOMINM-- n v_ I-(IIIILI nrrI THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14,2011. - ,1■ r I.P. -1■1_ Questions: If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at(503) 639-4171. June 29.2011 PREPA: D BY: JohrfFloyd DATE Associate Planner r �► ', June 29.2011 APPROVED BY: Ron Bunch DATE Community Development Director i.\curpin\johnf\mlp\m]p2011-($KKM 12190 sir jamcs\mlp2(111-(KXX)1 draft decision-doc NOI1CR OF DI :ISIoN M1.1)2011-(0KK)1/WILSON PAR'1111c)N PAGE.25 OF 25 . J�� — — ,rile; r1 L `{ r� } VICINITY MAP (71 1 J l ti MLP2011-00001 qi�l T WILSON PARTITION-.1. 111 _ " , ..-7 1 ALBERTA orki1"1" Alli 411 MINx Subject Site r _ • ,....„7 .c_6_4 99V1�y r i PV1FS tit os iv, .� 1 _. I NM • . .11111V''' R1��rT a. .- � f _. �: �i Ura 5 r ., 4.O 4 III I = � C}LZ� ' Information on this map Is far general location t r WLfU 11111 �-~. only and should be verified with the Development Services Division. 434 All � 4-. Approx.Scale 1:4,000-1 in=333 ft � .Q Ma 40 � � p printed at 09:21 AM on 14-Jun-11 N •• 1 '1J DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD `I-E j'+ ��� MANES NO WARRANTY•REPRESENTATION OR GUARANTEE AS TO THE ��� CONTENT,AC CURACY,TIMELINESS OR COMPLETENESS OF ANY OF :;; ;T:EREIN.THE CITY OF TIGARD SH ASSUME NO+y RRORS,OMISSIONS OR INA'CULIES IN THE ROVIDED REGARDLESS OF HOW USED.M� � ry� i / c ty of Tigard 13125 SW Hall Blvd et Tigard,OR 97223 °o 500 503 639171 www.tigard-ocgo✓ ��44f/1wji� ' iGxtb'' • • N S.W. JAMES STREET its _ .-r4. •,fir ��T�5. S±--+: = 5`�... 5--■--~!--�r?S4 .�. - . —(f C —G �G ,K taT C� IrT.� �i•9wi�._w._____ '.. G —G —G — SCALE .. ? �.T.fq, j^ ■/- ., � Aj•• •NOTES: A 1I 0 20 ZONE IS R4.5 - •`� (- � ' ■ UTILITIES, BUILDING AND FEATURE :••~.■ ..: i ;••/ ... VD L N.ti.n LOCATIONS SHOWN ARE BY FIELD ' 'y• •. ::,. : .• '� , .< 0 O m SURVEY. OTHER LITLITIES MAY EXIST. •;. d PARCEL 1 Cr 0 ' AND EXACT POSITIONS MUST BE • . .�9 '- HOUSE 2 8.999 SF g I N•> r O 3 LOCATED PRIOR TO ANY WORK. ., - •:.;8 1 \tl 9;'C 0 < . $ DIMENSIONS AND AREAS MAY VARY Wm `r ` I Z^' e. SLIGHTLY UPON FINAL BOUNDARY O :�' } 17 sI.ate "1 ry SYMBOLS O O . RESOLUTION <. rt + *s< n TAG1 1 e • D C CONTOUR INTERVAL IS 1.00'. VERTICAL _ _ 0 _ ' r� • - FOUND MONUMENT 1 =0 X DATUM BASED ON CITY OF TIGARD $ ._ NNI+c W g g e. - POWER POLE 0/ C •- .< BRASS DISK 1263 WITH ELEVATION OF g ���lll _...+ W- WATER METER ? * < 0 241.91 FEET. F. �20,11':J■ Dy - VERIZON BOX 0 S69'50.00`E 100.00' DEL- ELECTRIC METER A• BEARINGS AND LOT DIMENSIONS ARE ,r .. . Nw- WATER VALVE PER PLAT 5755 WASHINGTON COUNTY W N 4V m GAS VALVE /� PUBLIC RECORD, S GARAGE 0 . MANHOLE QE Q 11 C) N 0 - FIRE HYDRANT P. Fib. 21 PARCEL 2 —w—- WATER UNE c V•• O I ETAS W� 11,024 SF o —E—- ELECTRIC UNE N. ' I r' TAG17 - —C—CAS LINE �' � 27 O •• DRIVEWAY �_'- a I. - SIDEWALK JULY 25,1900 -'\ (''�� % �^^ �( JOE H. FERGUSON 1�;t " 1,►,1 5 j- DECIDUOUS , '` 2445 A,• I_.,.�, ' soli! `-`� rr,_. RD %L OM 1 1 11 0 - �7/j�_� I CERI FY TIM7 1I6 YIP rwS PIIEPA9ID ?� Ail, - COHIFIR U5aN9 1W PRODUCT 9516401 ON 1141F-1824 ALAI i 3 TALI AIRING WALL . :.w =�« :ROAD PROFILE 1 r1"=4O' HORIZ .,,,, } tj j' PROJECT SITE Se9'S0.00'E 100.00' ?i i f_,f E' 4 r N N F.Z. N N n 1D 1O 10 ,O b 10 10 es-) j •�' •1..R1rl FED •{i V 1��..k l S 4jS, N N N N N N N N N N L.l�f xi.a J�...+/L}•7.y.. Joe NO. 10-117 DATE: FEBRUARY 2e,2011 Gam: SITE PLAN DRAFTED 0225.11 BIG MOOSE DEVELOPMENT, INC. Ferguson Land Surveying, Inc. 12190 SW JAMES ST. LOT e, 'WILLAMETTE•. RExsm 646 SE 106TH AVE. PORTLAND, OR 97216 R% IN 1/4 OF YEN' W M' ROSED IN THE CITY OF D WASHINGTON COUNTY, ORGO Phone (503) 408-0601 Fax (503) 408-0602 SHEET 1 OF 1 11E145[n DATE: FEBRUARY 24" 2011 REQUEST FOR COMMENTS Nicholas Shepherd e 12265 SW Marion St. 01:1 iva/ r Tigard, OR 97223 ` -‘�, V Vd 11 0? jb June 28, 2011 (13/113,1 John Floyd Associate Planner 13125 SW Hall Boulevard Tigard, OR 97223 RE: Subdivision of property at 12190 SW James St. John: This letter is intended to represent my comments opposing the subdivision at 12190 SW James St. The value associated with the homes on Marion and James streets is due to the large lots as the minimum lot size on either street is 16,000 square feet. This creates a park-like feel in the yards of these homes since the homes are far away from each other. I encourage you to compare the Marion and James streets to the homes of Duchilly Dr. and Hazel Hill Dr., which is approximately% mile away. While those properties are more luxurious, much of their value and uniqueness comes from the size of their land, which has not been subdivided. While our homes are less luxurious we equally enjoy our larger lot size. Further,our lot sizes and neighbor distance is our only market advantage. In this instance,the future lot sizes are 8,999 and 11,024 which is not similar to existing properties, therefore I am respectfully opposed. Sincerely, 4 Nicholas Shepherd NOTICE TO MORTGAGEE,LIENHOLUER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING • LAND USE APPLICATION ■ MINOR LAND PARTITION I I (. \ RI) DATE OF NOTICE: June 14, 2011 FILE NO.: MINOR LAND PARTITION (MLP) 2011-00001 FILE TITLE: WILSON PARTITION APPLICANT & Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP.: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 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 JUNE 28. 2011. All comments should be directed to John Floyd. Associate Planner (503.718.2429) in the Planning Division at the City 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 Johnfl(uitigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 29, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRTI"i'EN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: . ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. FAILURE OF ANY PARTY TO ADDRESS THE RELEVANT APPROVAL CRITERIA WITH SUFFICIENT SPECIFICITY MAY PRECLUDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR CIRCUIT COURT ON THAT ISSUE. SPECIFIC FINDINGS DIRECTED AT THE RELEVANT APPROVAL CRITERIA ARE WHAT CONSTITUTE RELEVANT EVIDENCE. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE H ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITE EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site;all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained Iwithin the record and are available for public review at the City of Tigard Community Development Department If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." ..l�� II ,;, I > , r A VICINITY MAP ims. N+ M „ I P MLP2011-00001 inn �/ rn .. I I I I I [ ---I 1 WILSON PARTITION __--{ ff �flI.Ari.'Ta�I t —i Whir i�rr Ii1LL"n 0.ti I 1 I I + ' 11.014,,a Subject Site nz H If 1 I 1 I� ,� 1 ::. r alliP v mr 57 r--- 1111=1"1111"- 4 liff - ( 14 . .1'q A:5.._ _ _ , _•Ilik., i J 1 n,„riN�r �. a ,,. vio, 11111111111, -74k-AIP ... II ♦♦'+4 O fi, ` ar a iit , au_ I :I / � 04 #?1! 1 � ♦ /IIIII omo r Feet 0 S00 �.'I 0 „oleo sbn '1 y. CleanWater Services MEMORANDUM Date: June 24, 2011 To: John Floyd, Associate Planner, City of Tigard From: Jackie Sue Humphreys lean Water Services (the District) Subject: Wilson Partition, MLP 2011-00001, 2S103CB02100 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PARTITION PLAT RECORDING A Clean Water Services(the District) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for the District's Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 07-20, (or current R&O in effect at time of Engineering plan submittal), and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.2.b-1. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. If site area and any offsite improvements required for this development exceed one-acre of disturbance, project will require a 1200-CN Erosion Control Permit. c. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 07-20, Section 4.05.5, Table 4-1. e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. 2550 5W Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org r . f. If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Application may require additional permitting and plan review from the District's Source i. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute the District's approval of storm or sanitary sewer compliance to the NPDES permit held by the District. The District, prior to issuance of any connection permits, must approve final construction plans and drainage calculations. 0) _ I. \ 5.4. , ; ..../ , 4 Tualatin Valley Fire & Rescue June 27, 2011 John Floyd Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Wilson Partition, MLP 2011-00001 Dear Mr. Floyd 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 EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) Note: If residential fire sprinklers are elected as an alternate means of protection and the system will be supported by a municipal water supply, please contact the local water purveyor for information surrounding water meter sizing. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 60,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (OFC D102.1) This design criteria applies to the private driveway serving parcel#2 as it is part of the fire access route. 3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (OFC B105.2) Prior to issuance of a building permit, provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 4) FIRE HYDRANTS —ONE-AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) Sheet 3 states that there is a fire hydrant within 400 feet of from the development however where this distance was measured from is not specified. Please clarify. A fire hydrant is required to be within 600 feet southeast corner of the structure on parcel# 2. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 6) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a 1/2 inch stroke. (OFC 505.1) If you have questions or need fur-trier clarification, please feel free to contact me at 503-649-8577. Sincerely, Drew DeBois Deputy Fire Marshal II Copy: File MEMORANDUM CITY OF TIGARD, OREGON DATE: June 28, 2011 TO: John Floyd, Associate Planner FROM: Gus Duenas, Development Engineer RE: MLP2011-00001 Wilson Partition Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This property is not located on a collector or arterial street;therefore the standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and the project does not involve construction of a local street. Therefore, this standard does not apply. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street, which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. There are no curbs or sidewalks along James Street. No street improvements are required with this MT.P. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20 foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32 foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of- way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the ISO IF line.After that point, it may be concrete or asphalt. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 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. The proper y is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this propery. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • 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, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. No cul-de-sacs are proposed. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 3 contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography,wetlands or other bodies of water or,pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. 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. 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. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet. 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. 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. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 4 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. 1. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. 2. This lot is in Sanitary Sewer Reimbursement District No. 30, which was finalised on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. 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 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 5 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. A fee-in-lieu of storm water detention will be charged for the new lot. A storm water connection permit shall be obtained from CWS prior to recordation of the final plat. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in-lieu for undergrounding of lines along the proper frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of$3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE C Fire and Life Safety: Tualatin Valley Fire and Rescue (South Division) [Contact: Drew DuBois, 503-649-8577] provides fire protection services within the City of Tigard. Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facilio if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval. This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of:50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 7 (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat bouncy. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition,the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes,catch basins,water valves,hydrants and other water system features) in the development,and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT APPROVAL: • The applicant s fnalplat 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 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. • The applicant shall apply for a Public Facility Improvement (PH)permit for this project to cover driveway connections, utility laterals 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. NO"1 E: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI)permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-orgov). • 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 Development Engineering will delay processing of project documents. • The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE E • An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." • Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. • Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. • 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 applicant shall submit a preliminary plat for review. The plat shall include a 2 foot right-of-way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. • The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. • The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. • A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. • Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is 118,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. • Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage. This fee is in the amount of 13,500.00. • Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul 4att:: Public Works Department 503-718-2589). • 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of propeny along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE S F. NOTE Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicants surveyor. F. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: Submit to the Development Engineer (Gus Duenas, 503-367- 2470) for review and approval: • The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. • Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. • 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 pay the standard water quality fee for that lot(fee amount will be the latest approved by CWS). • The applicant shall pay the water quantity fee-in-lieu amount for the second lot, if storm runoff' is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: • Prior to issuance of Certificate of Occupan y for the new building, underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. • Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. • Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW'James Street. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 23, 2011 TO: John Floyd, Associate Planner FROM: Gus Duenas, Development Engineer RE: MLP2011-00001 Wilson Partition Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This property is not located on a collector or arterial street;therefore the standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and the project does not involve construction of a local street. Therefore, this standard does not apply. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street, which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. There are no curbs or sidewalks along James Street. No street improvements are required with this MI P. However, a joint access driveway to serve both lots will be constructed along the street.A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20 foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32 foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the ROW line.After that point, it may be concrete or asphalt. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 2 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. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this proper y. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • 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, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. No cul-de-sacs are proposed. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 3 contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. 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. 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. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet. 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. 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. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGI?4 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. 1. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. 2. This lot is in Sanitary Sewer Reimbursement District No. 30, which was finalised on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. 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 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 5 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. A fee-in-lieu of storm water detention will be charged for the new lot. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in-lieu for undergrounding of lines along the property frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of$3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 6 Tualatin Valley Fire and Rescue (South Division) [Contact: Drew DuBois, 503-649-8577] provides fire protection services within the City of Tigard. Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a faci0 if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval. This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 7 the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development,and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT APPROVAL: • 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 bounday. 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. • The applicant shall apply for a Public Facility Improvement (PFI)permit for this project to cover driveway connections, utility laterals and any other work in the public right-ofway. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NO1 E: 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 COI's web page (www.tigard-orgov). • 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 Termittee", 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 spec the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information Development Engineering will delay processing of project documents. • The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. • An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall confirm to the "Erosion Prevention and Sediment Control Design and Planning Manual, Februay 2003 edition." DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 8 • Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. • 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 applicant shall submit a preliminary plat for review. The plat shall include a 2 foot right-of-way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. • The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. • The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. • A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be peformed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. • Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is B18,023.08 f the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. • Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the propery frontage. This fee is in the amount of$3,500.00. • Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Matt: Public Works Department 503-718-2589). • 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(503-718-2421). 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 of Tigard. D. The plat shall show dedication of an additional 2 feet of pnrperty along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final pLat and submitted comments to the applicant's surveyor. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 9 F. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: Submit to the Development Engineer (Gus Duenas, 503-367- 2470) for review and approval: • The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. • Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. • 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 pay the standard water quality fee for that lot(fee amount will be the latest approved by CWS). • The applicant shall pay the water quantity fee-in-lieu amount for the second lot, if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: • Prior to issuance of Certificate of Occupan y for the new building underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. • Prior to issuance of Certificate of Occupancy for the new building the sanitary sewer connections to both the existing house and the new house must be completed. • Prior to Certificate of Occupant'for the new building the applicant shall plant street trees along the frontage of SW James Street. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 III • ■ City of Tigard TI G A R D REQUEST FOR COMMENTS DA 1'E: June 14.2011 TO: Todd Prager.Associate Planner/Arborist FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 E-mail:Johnfl(a,tigard-or.gov MINOR LAND PARTITION (MLP) 2011-00001 - WILSON PARTITION - REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street; Washington County Tax Map 2S103CB, Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. The Site Plan, Vicinity Map and Applicant's Materials are attached for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Tuesday June 28, 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLyiSE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: — Name&Number of Person Commenting: " City of Tigard TIGARD Memorandum To: John Floyd From: Todd Prager Re: Wilson Partition Date: June 20, 2011 As you requested I have provided comments on the "Wilson Partition" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.040, Street Trees The proposed green ash trees along James Street meet the requirements. 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. A tree plan has been provided by the applicant, and contains all of the required elements. 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 loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over.12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. This requirement has been met. Over 750/0 of the trees over 12 inch diameter will be retained, so no mitigation is required. 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 been met. 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 conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure this requirement is met. CONDITIONS OF APPROVAL Tree Plan M The applicant shall position fencing as directed by the project arborist. 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. 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 (I'PZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, 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 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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. • MEMORANDUM CITY OF TIGARD, OREGON DATE: June 14, 2011 TO: John Floyd, Associate Planner FROM: Gus Duenas, Development Engineer RE: MLP2011-00001 Wilson Partition Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This property is not located on a collector or arterial street;therefore the standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and the project does not involve construction of a local street. Therefore, this standard does not apply. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street, which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. There are no curbs or sidewalks along James Street. No street improvements are required with this MT P. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide jbrfuture maintenance of the driveway within the easement. The applicant proposes a 20 foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32 foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of- way. The approach within the right-of way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the ROW line.After that point, it may be concrete or asphalt. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 2 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. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this properly. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this proper y. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular,shall be approved by the City Engineer; and • 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, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. No cul-de-sacs are proposed. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 3 contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. 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. 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. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. 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. 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. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 4 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. 1. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. 2. This lot is in Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this MLP and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. 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 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 5 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. A fee-in-lieu of storm water detention will be charged for the new lot. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots and also proposes to underground the utilities along the properly frontage. If more detailed design for the undergrounding determines that it is not practical to underground the overhead utilities along the properly frontage, a fee-in-lieu of undergrounding may be paid as an alternative to undergrounding. This fee is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of$3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 6 Fire and Life Safety: Tualatin Valley Fire and Rescue (South Division) [Contact:John Dalby, 503-356-4723] provides fire protection services within the City of Tigard. Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a fadlidy if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. An Erosion Control Plan must be submitted with the PFI Permit application for review and approval. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 7 required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development,and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE OR OFFSITE IMPROVEMENTS, INCLUDING GRADING,EXCAVATION, DRIVEWAY CONSTRUCTION, LATERAL INSTALLATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Gus Duenas, 503-718-2470) for review and approval: A Public Facility Improvement (PFI) permit is required for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 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 Development Engineering will delay processing of project documents. • A PFI permit for work within the public right-of-way including driveway construction and extension of sewer and water laterals, as well as underground utility service, is required before any work begins either on the site or within the public right-of-way. • The applicant shall submit construction plans to the Development Engineer as a part of the Public Facility Improvement permit application for construction of the driveway and for performance of all work within the public right-of-way. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 8 • 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 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 applicant shall submit a preliminay plat for review. The plat shall include a 2 foot right-of-way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. • The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. • The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the Public Facility Improvement (PFI)permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on- site. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT APPROVAL: • 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 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 survying methods. • Prior to final plat approval, the applicant shall complete all public improvements covered under the PFI permit, including driveway construction to the right-of-way, sewer and water lateral installation to the right-of-way, and connection of the existing house to sanitary sewer. • Prior to final plat approval, the application shall complete the undergrounding of utilities along the property frontage and extension of utility service to serve each lot. The existing house needs to be connected to underground utility service as part of this condition. • Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:• Paul katt:• Public Works Department 503-718-2589). • Prior to final plat approval, the applicant shall plant street trees along the frontage of SW James Street. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 9 • Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. • Prior to final plat approval, the applicant shall connect the existing house to the existing sewer lateral already installed via the reimbursement district. • 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of proero along the frontage of SW James E. NOTE. Washington County will not begin their review of the final plat until th y receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures(for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Development Engineer (Gus Duenas, 503-367- 2470) for review and approval: • Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. • 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 pay the standard water quality fee for that lot(fee amount will be the latest approved by CWS). DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 • • The applicant shall pay the water quantity fee-in-lieu amount for the second lot, if storm runoff is not disposed of on-site. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 • City of Tigard TIGARD REQUEST FOR COMMENTS DATE: June 14.2011 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 E-mail:Johnfla,tigard-or.gov MINOR LAND PARTITION(MLP)2011-00001 - WILSON PARTITION - REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street; Washington County Tax Map 2S103CB, Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. The Site Plan, Vicinity Map and Applicant's Materials are attached for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Tuesday June 28, 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. P 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: Name&Number of Person Commenting: I OF TIGARD REQUEST FOR )MMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: FILE NAME: CITY OFFICES _C.D.ADMINISTRATION/Ron Bunch,CD Director DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKS/Ted Kyle,City Engineer _C.D.ADMINISTRATION/Susan Hartnett,Asst.CD Director _BUILDING DIVISION/Mark Vandomelen,Building Official _HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION/Cathy Wheatley,City Recorder _POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer LANNING COMMISSION(+12 sets) XI EVELOPMENT SERVICES/Planning-Engineering Techs. _PUBLIC WORKS/Brian Rager,Assistant PW Director FILE/REFERENCE(+2 sets) EVELOPMENT SERVICES/Gus Duenas,Development Eng. _PUBLIC WORKS/Steve Martin,Parks Manager SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170'"Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(MLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 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&PLANNING * _OR.DEPT.OF GEO.&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,Data Resource Center(ZCA-Adopted) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Copperstone,(ZCA-RFC Only) _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(MapsacwS Letter only) _ O.Gerald Uba,Ph.D.,(CPNDCNZON) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Povredines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO* 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(General Apps Lake Oswego,OR 97034 _Brent Curtis(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Assessment&Taxation(ZCA)MS 9 CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja,Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(WCCCA)"911"(Monopole Towers) Chad Gordon,Assistant District Manager (Notify if ODOT FUR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(See Map la Area contact) (If Project is Within%Mde of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _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 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (see Map rer Area CoNad) Brian Every(Apps E.or HallN.ot 99N) 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 PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 21-Sep-10) (Also update:i:\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this document) MAILING / NOTIFICATION RECORDS • AFFIDAVIT OF MAILING 1,111k IGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Ch k pp.opo w Box(s)Below} © NOTICE OF DECISION FOR: MLP2011-00001/WILSON PARTITION (Fa,No./Name Reference) AMENDED NOTICE City of Tigard Planning 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 part hereof, on July 5.2011,and deposited in the United States Mail on July 5.2011,postage prepaid. _e AO net? (Person that pared:von? j STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the d0 day of 3-1,f 01 , 2011. OFFICIAL SEAL () ) ,o,., SHIRLEY L TREAT ( NOTARY PUBLIC-OREGON It CX Aid ` COMMISSION NO.459846 MY COMMISSION EXPIRES JULY os,2015 NOTARY PUBLI OF OREGON My Commission Expires: 71 "I It C" EXHIBIT A NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 WILSON PARTITION T I G A R D THIS NOTICE OF BEING RE-ISSUED TO CORRECT AN INCORRECT REFERENCE TO THE FILE NUMBER. THEREFORE, THE APPEAL PERIOD HAS BEEN EXTENDED ACCORDINGLY. 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James St.;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MI,P2011-0)001/WILSON PARTITION PAGE 1 OF 25 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 1. 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 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. 2. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 3. 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 Development Engineering will delay processing of project documents. 4. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. 5. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 6. Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. 7. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 8. 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. 9. The applicant shall submit a preliminary plat for review. The plat shall include a 2-foot right-of-way dedication along the frontage of SW James Street. In addition,it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 2 OF 25 10. The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. 11. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system,or disposed of appropriately on-site. 12. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. 13. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. 14. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. 15. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 16. 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 (503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. e. The final plat shall include all easements required and reference the joint access easement agreement by document number f. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the city has reviewed the final plat and submitted comments to the applicant's surveyor. g. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE WORK AND BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: NOTICE OF DECISION MLP2OI I-(U 101/WILSON PARTITION PAGE 3 OF 25 17. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 18. Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely 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. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant must obtain the PFI permit before any work begins either on the site or within the public right- of-way. 21. Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat 22. 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. 23. The applicant shall pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). 24. The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. 25. Prior to the issuance of site work and building permits,all requirements of TVF&R shall be met. THE FOLLOWING CONDITIONS SHALL BE AHERED TO FOR THE DURATION OF ANY SITEWORK OR THE CONSTRUCTION OF NEW BUILDINGS: 26. 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 NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 4 OF 25 reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection, 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. 28. Prior to final inspection, 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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 29. Prior to issuance of Certificate of Occupancy for the new building,underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. 30. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. 31. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. 32. Prior to Certificate of occupancy,the applicant shall satisfy all requirements of TVF&R. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject 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 subject lot was developed with a single-family dwelling in NOTICE OF DECISION MI.P2011-00001/WILSON PARTITION PAGE 5 OF 25 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R-4.5. The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. SECTION IV. PUBLIC COMMENTS The city mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from Nicholas Shepard who expressed concern for the small lot sizes proposed in the application,noting their dissimilarity with existing development whose uniqueness and value was due in large part to "lot sizes and neighbor distance". RESPONSE: As detailed in the findings below, the proposed lot sizes satisfy all applicable development criteria. Consistency of lot sizes with existing,adjacent neighbors is not an approval criterion. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore,this criterion is met. All proposed improvements meet city and applicable agency standards;and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that city and applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are both 100 feet in width. Therefore, this criterion has been met. No'I1C1:OF DECISION MLP2011-00001/WILSON PARTITION PAGE 6 OF 25 • The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the access drive) that are 8,999 square feet and 11,024 square feet. Therefore, this criterion 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. Proposed Parcel 1 would have 100 feet of frontage along James Street. Proposed Parcel 2 would have a 20'wide access easement to SW James Street. Therefore,this criterion is satisfied. 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, flag lot side = 10 feet; side on a corner = 15 feet, and rear =15 feet. The existing structure on Parcel 1 will comply with these standards. The applicant has included a building envelopes for parcel 2 demonstrating future compliance with these standards. Setback standards for the proposed lots will be reviewed at the time of building permit submittal. 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 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary 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 proposed 15-foot access drive for Parcel 2 will be located 5 feet from the western property line. At present, the property line is demarcated by a chain link fence located on the neighbor's property. To ensure the screening standard is met, the applicant proposes the installation of 188 linear feet of chain link fence with screening slats (Sheet 3 of 5). The height of the proposed fence is six feet,which exceeds the three foot maximum height limit for fences in front yard areas (18.745.050.C.2) and visual clearance requirements (18.794.030.B). A condition of approval will ensure the new fence satisfies height and vision clearance requirements. 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) was sent a copy of the proposal and submitted written comments on June 27, 2011. In their comments TVF&R stated that a structure must be within 600 feet from a fire hydrant apparatus access road, as measured in an approved route around the exterior of the structures. City maps indicated that fire hydrants are located approximately 200 feet to the west of the northwest corner of project site, and approximately 270 feet from the northeast corner of the project site. The letter also provides for residential fire sprinklers as an alternate means of NOTICE OF DECISION MI,P2011-00001/WII SON PARTITION PAGE 7 OF 25 protection. A condition of approval has been added that requires the applicant to comply with TVF&R standards prior to the issuance of building permits for Lot 2. 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 does not propose any common drives.Therefore,this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) 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 269 and 276 feet and is 0.6 miles to the north at 170 feet. 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 indicated in the above findings and required in the following conditions of approval. CONDITIONS: Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 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 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7,500 sq.ft. 8,999 sq.ft. 11,024 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 100 ft. 100 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks -Front yard 20 ft. 20 ft. Per -Side facing street on corner&through lots 15 ft. NA Bldg. -Side yard 5 ft. 19/22 ft. Permit NOTICE OF DECISION MLP2011-(tXR11/WII SON PARTITION PAGE 8 OF 25 -Rear yard 15 ft. 15 ft. Review -Side or rear yard abutting more restrictive zoning district -- -Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. - Minimum Landscape Requirement - NA Nr1 FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards (18.730.020.C),which are addressed below in the Exceptions 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 5) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access,Egress and Circulation(18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the city. 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 stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the City of Tigard and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW James Street is classified as a local street. The subject parcels are more than 300 feet west of 1215` Avenue, a collector. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. NOTICE OF DECISION MI.P2011-(XNXl1/WILSON PARTITION PAGE 9 OF 25 Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the city. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW James St.,consistent with this standard. Minimum access requirements for residential use. Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95th Avenue through a 20-foot wide access easement across Parcel 1. This criterion is satisfied Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a)A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet;b) A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 115 feet. Therefore, this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): 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 all of the land included in the legal description 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 private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum NOTICE OF DECISION MI.P2011-00001/WILSON PARTITION PAGE 10 OF 25 number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The subject parcel is .46-acres (20,223 square feet) in size. There are no sensitive lands and no dedications for public parks. The applicant has offered 200 square feet of public rights-of-way dedication for the subject proposal. The applicant proposes 8,999 square feet for Parcel 1 to contain the existing dwelling. Parcel 2 would then be 11,024 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (11,024 square feet/7,500 square feet/unit = 1.47 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above,the Density Computation Standards have been met. Environmental Performance Standards (18.725): Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial 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 emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340- 28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare,whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. 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 a typical detached single-family project,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 beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. NOTICE OF DECISION MLP2011-(XXX)1/WII SON PARTITION PAGE 11 OF 25 Landscaping and Screening (18.745): 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 saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). The applicant plans on retaining nine trees on the subject parcel, and removing ten. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 5) shows tree protection fencing for these trees. Additional details regarding this requirement are discussed in Section 18.790. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The application includes the planting of two green ash trees to satisfy this requirement,as demonstrated on sheet 3 of 5. The City Arborist has reviewed the location and species of the proposed trees, and finds them consistent with city standards for street trees. This criterion is satisfied. Buffering and Screening Requirements: Section 18.745.050.B Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However, as conditioned above and restricted below, privacy screening is required pursuant to Section 18.420.050.A.4.f. The application complies with this standard through the erection of a six foot high fence with screening slats. Fences or walls may not exceed three feet in height in a required front yard along local streets, and shall meet vision clearance requirements in Chapter 18.795. As discussed above, the project includes a six foot high fence to comply with screening requirements. This is inconsistent with height limits on fences in front yard areas and visual clearance requirements. A condition has been added that will ensure compliance with this standard. FINDING: The landscape and Screening standards have all been met, or will be satisfied with conditions discussed in other sections of this staff report. CONDITION: Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). Off-Street Parking And Loading Requirements (18.765): This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed NOTICE OF DECISION MLP2011-00001/WILSON PARTITION ION PAGE 12 OF 25 • plans for the construction of a new dwelling 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 maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. Staff finds that with the lot size and setback requirements,ample off-street parking will be available,consistent with this standard. Tree Removal (18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Plan consisting of an Arborist Report prepared by Rob Lloyd, ISA dated March 9, 2011 and a site and erosion control plan signed by the Mr. Lloyd (sheet 4 of 5). The plan inventories the existing trees, identifies those proposed for removal, and indicates the recommended locations of tree protection fencing. Over 75% of the trees over 12 inch diameter will be retained, so no mitigation is required. This criterion is satisfied. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. 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 satisfy the following conditions of approval: CONDITIONS: Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 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 NOTICE OF DECISION MI.I'2011-O(K)O1/WILSON PARTITION PAGE:13 OF 25 Arborist monitors the construction activities from initial tree protection zone (1'PZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, 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/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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area 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 Site and Composite Utility Plan (Sheet 3 of 5) indicates a proposed 6' fence adjacent to the proposed driveway. This is inconsistent with the required vision clearance area. As discussed above in landscaping standards, fences are not allowed to exceed three feet in height within the front yard setback and a condition has been added to require the fence be lowered to three feet. As conditioned, the project will satisfy this standard. Impact Study (18.390): Section 18.360.090 states, "The Director shall make a finding with respect 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 improvements necessary to meet city standard, and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the NO110E OF DECISION MLP2011-00001/WILSON PARTITION PAGE 14 OF 25 • public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The project will partition an existing lot measuring 100 feet wide,by 200 feet deep,into two parcels. The existing house will remain on the front parcel, and a new structure is proposed on the rear parcel. The existing house does not receive sanitary sewer or stormwater services. Sanitary sewer is available and will be provided to both the existing and proposed house as a result of this partition, the costs of which will be offset by payments to Sewer Reimbursement District No. 30 and CWS sewer connection fees. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval required in this decision. The Washington County Transportation Development Tax (IUT—effective July 1, 2010) is a mitigation measure that is required at the time of development. Based on Washington County figures TDTs are expected to recapture 18.9 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TDTs of approximately$4,599 (Effective July 1,2010) per new dwelling unit. Based on the estimate that total TDT fees cover 18.9 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $27,656 ($5,227 divided by .189). The difference between the 'MT paid, and the full impact, is considered the unmitigated impact on the street system; therefore the unmitigated impact of this project is $22,429 ($27,656 - $5,227). The site has approximately 100 feet of frontage along SW James Street, a local street. Two feet of right-of-way dedication is required to meet current standards. The total dedication will be approximately 200 square feet. The estimated cost of the dedication is $600 (200 square feet x $3.00/square foot). The dedication is required to meet the street improvement requirements of Section 18.810.030. The total cost is less than the unmitigated impact on the arterial and collector system. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street,which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. NOTICE OF DECISION MI.P2011-00NN)1/WIISON PARITI10N PAGE 15 OF 25 There are no curbs or sidewalks along James Street. No street improvements are required with this MLP. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20-foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32-foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of-way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the right-of-way line.After that point,it may be concrete or asphalt. 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. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround; use of turnaround configurations NOTICE OF DECISION MI.P2OI I-(XXX11/WILSON PARTITION PAGE 16 OF 25 other than circular, shall be approved by the City Engineer; 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; and if a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. No cul-de-sacs are proposed.This criterion does not apply. 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. • 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. No new streets are being created with this partition,this standard does not apply. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development. Therefore,this standard does not apply. 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. All proposed lots are less than 1.5 times the minimum lot size and are therefore,exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 20-foot access easement across Parcel 1,consistent 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 property adjoins James Street,located between 12151 and 124th Avenue. None of these streets have sidewalks. The project does not propose sidewalks, but will result in the dedication of 2 feet of right-of-way which would provide sufficient right-of-way for the addition of sidewalks at a future date. NOTICE OF DECISION M1,132011-0(1001/WILSON PAKITHON PAGE 17 OF 25 • 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. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. The project is located within Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a 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 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 resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek,the storm water runoff will be permitted to discharge without detention. NOTICE OF DECISION M ,P2011-(X)001/WILSON PAR'1T1'ION PAGE 18 OF 25 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 quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. A fee-in-lieu of storm water detention will be charged for the new lot, and a storm water connection permit shall be obtained from CWS prior to recordation of the final plat. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW James Street is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above,and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The city reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer,shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles,rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in- lieu for undergrounding of lines along the property frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of $3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: NOTICE OF DECISION MI.P2011-00001/WII SON PARTITION PAGE 19 OF 25 Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The city has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval.This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the city prior to final plat approval. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the city's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: ➢ GPS tie networked to the city's GPS survey. ➢ By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FINDING: As discussed above, with conditions the project can comply with all street and utility improvement standards. CONDITIONS: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT NOTICE:OF DECISION MLP2011-(NI001/WII SON PARITIlON PAGE 20 OF 25 APPROVAL: 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 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. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 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 Development Engineering will delay processing of project documents. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 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 applicant shall submit a preliminary plat for review. The plat shall include a 2-foot right-of- way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 21 OF 25 The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system,or disposed of appropriately on-site. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, induding all fees associated with that permit.A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot All remaining work covered under the PFI permit may be bonded for recordation of the plat. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date,an additional fee involving increase in interest will be charged. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt Public Works Department 503-718-2589). 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. G. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 22 OF 25 Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 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 pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICAI'E OF OCCUPANCY: Prior to issuance of Certificate of Occupancy for the new building, underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. SECTION VI. OTHER STAFF COMMENTS City of Tigard Arborist submitted comments which have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 11-000234) which found that no sensitive area appears to be located within 200 feet of the subject site. The agency also submitted a comment letter dated June 24, 2011 requesting a condition of approval requiring the applicant to obtain a Storm Water Connection Permit Authorization prior to any site work or partition plat recording. This request has been incorporated into the Conditions of Approval. Tualatin Valley Fire and Rescue (TVF&R) submitted written comments in a letter dated June 27, 2011. In their letter, TVF&R endorsed the proposal predicated on six criteria and conditions. Conditions of approval have been added that require TVF&W standards be met prior to the issuance of site work and building permits,and again prior to occupancy. 1) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) NOTICE OF DECISION MI.P2011-(X)001/WILSON PARI1TION PAGE 23 OF 25 Note:If residential fire sprinklers are elected as an alternate means of protection and the system will be supported by a municipal water supply, please contact the local water purveyor for information surrounding water meter sizing. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 60,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (OFC D102.1) This design criteria applies to the private driveway serving parcel#2 as it is part of the fire access route. 3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (OFC B105.2) Prior to issuance of a building permit, provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 4) FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) Sheet 3 states that there is a fire hydrant within 400 feet of from the development however where this distance was measured from is not specified. Please clarify. A fire hydrant is required to be within 600 feet southeast corner of the structure on parcel#2. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 6) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a '/z inch stroke. (OFC 505.1) SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 5,2011 AND BECOMES EFFECTIVE ON JULY 20,2011 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION MLP20 1 1-0000 1/WILSON PARTITION PAGE 24 OF 25 Appeal: 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 appeal together with the required fee shall be filed with the Director within ten(10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 19,2011. Questions: If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at(503) 639-4171. July 5,2011 PREPARED John Floyd DATE Associate Planner is\curpin\johnt\mlp\m1p2011-00001 12190 sw ja nes\mIp2011-00001 draft decision.doc NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 25 OF 25 ` HIM I J+ ' i r 't_ I� 4�t VICINITY MAP .y , rli:1'r iLf`: _ r MLP2011-00001 do per_ I ~ WILSON PARTITION I i r� i � TAr Li - i�loA R t x Subject Site 1 - �� 1::::..>::.;:l 1 7 k Qti J F J-2 51 -' 041 ILIIP 41 217 f:'5. __ 99V.,• �� i JAPr1F5 1 • .41 tiT ��� MI_.11 - 4 (--- , - F••� 'NM 99Y. %�rrr� , - i VIII n.1Mr;ri sr i Oltirti-,. ) iii Ai. _L�l 4c ' All Information on this ma fs for eneral location r 1(}��nL�(`L 1�� nal, only and should a verlfled evith the All Development Services Division. 11111 . III/II I : ' Approx.Scale t Services -1 m=333 tt ������ '" ``' � Map printed at 09:21 AM on 14-Jun-11 /,�� midi - '1. • DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OK TIGARD �U/I�Z CkFL1{ �rl! MA SNOWARRAN REPRESENTATONORGUARANTEEASTOTHE 4 CONTENT ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF MPLET NHALL ASSUME NO lq LIABILITY fOR ANY ERRORS.OREEGA NS.OR INACCU0.ACIES IN THE INFOAMAl1ON PROVIDED REGARDLESS OF iOW CAUSED. :-.17 alli'I .t ......_ tarty Of Tigard ' lip A N D 13125 SW Hall Blvd Feet . TOR Ir Tigard,OR 97223 0 500 M 603 639-4171 �la www.tigard-or.gov �� ill „lln�:D • • • N S.W. JAMES STREET . .+..., ;`+ S _�5�. 7i S, �: ;.5,_^- + S-s:�! �5�' r •.YET •S.. .`` S Sss- S S }. � . .��.. .. .. 1 G. 611E- w --pE—s-•SCALE �PS: j: +- ;W ^� TAC2 4') ENEND 20 ::r ��, 1 0 20 NOTES: � I • * . ...1. ; . III _ ZONE IS R4.5 :; '- %f:'- " I UTILITIES, BUILDING AND FEATURE �: `.•...". ";`'f I LOCATIONS SHOWN ARE BY FIELD s. '.. 1 0 F Ail i SURVEY, OTHER UTIUTIES MAY DIST. .n 11 PARCEL 1 HOUSE ri AND EXACT P06RION5 WST BE ' 12 g 6.' O a LOCATED PRIOR TO ANY WORN. .; E.999 SF -1 N 11:4" s DIMENS10NS MID AREAS MAY VARY m !a N'� SLIGHTLY UPON FINAL BOUNDARY o : T s. �( .` RESOLUTION ` 'L `'� a r SYMBOLS Q. CONTOUR INTERVAL IS 1.00'. VERTICAL T01_ ' r� • FOUND MONUMENT C DATUM BASED ON CITY OF TIGARD S $ 9 POWER POLE D/ C BRASS dSK X253 WITH ELEVATION OF g ••• AINNO W ❑W WATER PETER S < O 241.91 FEET. N �2' •1•l• ❑V-VERIZON BOX BEARINGS AND LOT DIMENSIONS ARE ^ S89'S0.00'E 100.00• .• �W- ELECTRIC METER PER PLAT 5755 WASHINGTON COUNTY N Dcht. GAS VALVE PUBLIC RECORD. $ - ® . AUNHOtE w ± i� h GARAGE n Q a, N ® � FlRE HYDRAHf a�- PARCEL 2 —W—- WATER LINE 11,024 SF N —E— ELECTRIC LINE ac v -ETNNNG WALL —S— SAN. SEWER I c IIII, TAG17 I —O a DRIVEWAY Ad -" f i�, ,:fir ' 2' 1- a SIDEWALK �W. uLr xs�llao �'} '^ �( JOE H. FERCUSON ' ,lyl�.� 01° DECIDUOUS ,\ 2445 AG • IT 1 `--��� �. v— ., DA- 11 111 r1L �� I GERI!Y MAT MS WI**s PREPARED i'� Alt COMFIT 691110 M PRODUCT 01040 a1 WV-1024 1tY i J0 ...4 . , ROAD PROFILE AIRING WAU 9C. 1"=40' HORIZ , �Al:' 2 �s Jo' S9750.00"E 100.00' a'I ` . PROJECT SITE ` Y g t y o a, o; ac a v { 99 N N n N N r t0 40 tD ,0 0 tD 40 N C IJ 1 I •{ 5 q N N N N N N N N N N. N : I-,f'14Vf'.i N'<..f/t�i'l...l.i ti: • JOB NO. 10-117 DATE: FEBRUARY 25,2011 CUFM: SITE PLAN DRAFTED 02.25.11 MOOSE �LOP„E„T, INC, Ferguson Land Surveying, Inc. REARED 12190 SW JAMES ST. LOT 8, "WILLAMETTE', 646 SE 106TH AVE, PORTLAND, OR 97216 REINED TIGARD. OREGON SITUATED N THE SOUTHWEST 1/4 OF SECTION 3, T.2S., R.1W., W.Y., SHEET 1 Of 1 IN THE CITY OF TIGARD.WASHINGTON COUNTY. OREGON Phone (503) 408-0601 Fox (503) 4013-0602 MIRED DATE: FEBRUARY 24. 2011 Steve Wilson MLP2011-00001 EXHIBIT 0 Big Moose Development WILSON PARTITION 9450 SW Jamieson Rd Beaverton, OR 97005 Garner Moody PO Box 11560 Portland,OR 97211 Nicholas Shepard 12265 SW Marion Street Tigard, OR 97223 4 11111 AFFIDAVIT OF MAILING TIGARD I, Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following i uktik Appropriate ao.(.)Below) © NOTICE OF DECISION FOR: MLP2011-00001/WILSON PARTITION pick No/tip Reference) AMENDED NOTICE ® City of Tigard Planning 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 part hereof, on July 5,2011,and deposited in the United States Mail on July 5,2011,postage prepaid. (Person that ' :.ared STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 46 day of t-L ,2011. o t OFFICIAL SEAL f eP;' SHIRLEY I.TREAT ( . - NOTARY PUBLIC-OREGON O () ��� COMMISSION NO.459846 MV COMMISSION EXPIRES JULY 06.2015 / NOTARY PUBLI OF OREGON My Commission Expires: 149 f (5 EXHIBIT A , NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 e WILSON PARTITION THIS NOTICE OF BEING RE-ISSUED TO CORRECT AN INCORRECT REFERENCE TO THE FILE NUMBER. THEREFORE, THE APPEAL PERIOD HAS BEEN EXTENDED ACCORDINGLY. 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION 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 time for twenty-five cents (25c ) per page, or the current rate charged for copies at the me of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 5, 2011 AND BECOMES EFFECTIVE ON JULY 20, 2011 UNLESS AN APPEAL IS FILED. Areal: 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 appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 19, 2011. Questions: For further information please contact the Planning Division Staff Planner,John Floyd at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,. Oregon 97223 or by email to Johnfl @ tigard-or.gov. "` 1...- + t VICINITY { MAP t TTT _, I� . _1 ,— I `"�( ( '-1*- MLP2011-00001 f .1,7-1-_ / �. I I0 WILSON PARTITION 11 i I I -J(�`''I Subject Site II MO.0*, .\\, ,,, i . ,•-/:::litz:),, _ ,.,1 . i C x,,, . L, ,4--i . ..,.... f I "1,4;....,-,,,,,,/r ,4,,,,, -'4�� j T. . i mi 1 f-. 1^fTtI1 _M `;4Y. ,C ti t ti `� tt 4 i t / / o Foot 'c ncMoyys '' . . . N S.w. JACMES STREET S Ica NOTES t 1M1 0 20 ii - ...i m0 mV1'OT I.O.M.40011 ME W.I. , p m Q MO CYO PQM.Ii ws L PARCEL 1 3 LOuTO 11000 m PM 000R Ry -1< p.07975 MO MFRS WY vMY A 4n,ilY Ipt...M.L 50Y.OMr 1111101;o�, .z a a.,n r�rn'TO�.�..,nrsro.v � � o 1i F ^ On nm�s..m.‘0302Cx lei g � 5.000 � sv54arE ,a.nr ,uo 1 i k si .rn.va sna,.ON0181.5 '°. ..�a va S M ' PARCEL Z — *I•"•.... D 1 ( O .m.a p ;_: I.E LLECTRY._ 'a.":""7:::-"°E2.1" ji C4t.111.41:47.4.4k,%:" NI' ROAD PROFILE HO R12 71111 1' 10'HO $ i X R i PLANNIRalENLV\F.ERING Ar r,>,„ w,.-..�...w..m„ SITE PLAN �.OM Ferguson Land Surveying, Inc. ir.eno.m Ow�. �•,w mo. Ms SE 10670 40 AVE.PORTLAND.OR 97216 wan■>, war - 1111. « w.,t>ptwm.oueo. • Mm,.(5003)A0e-0501 Fox(503)405-0e02 • 2S103CB05300 2S103C802300 EXHIBIT..,. ARRELANO, RUBEN&CONDELEILANI BORST,DONNA S 12175 SW HOLLOW LN 12150 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01200 2S103CB01900 BACHOFNER,JEFFREY L AND BRUNNER,LANE E&CYNTHIA M HEIDI A 12240 SW JAMES ST 12325 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103C604600 2S103BCO2700 BAKER,JAMES E&LESLIE M BUCHHOLZ,KYLE J 30506 1ST 12120 SW ALBERTA ST OCEAN PARK,WA 98640 TIGARD,OR 97223 2S103CB02200 2S103CB05600 BEATY,BRYAN D CAPUA,DEBRA S& 12170 SW JAMES ST PITTS,GERALD RNERNA J TIGARD,OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB04700 2S103CB05500 BECKER,JEFFREY S&APRIL K CASIAS,DAVID J&LILIA M 12170 SW MARION ST 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03000 2S103BC03100 BERG,KATHLEEN MARIE CONN,ALISSA L&MICHAEL L 11303 SW ELLSON LN 12240 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02600 2S103CB00300 BERGSTROM,EDWARD A DANFORTH,ALLEN&BARBARA J 12165 SW MARION 13849 SW MISTLETOE DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04100 2S103CB01600 BERINGER,BRIAN J&ANN L DARR,LINDSAY ANN 12290 SW MARION ST WALKER,SUSAN GLENN TIGARD,OR 97223 16435 SW COPPER CREEK DR TIGARD,OR 97224 2S103CA00303 2S103CB03100 BETTENCOURT,RICHARD E&LORRAIN DAVIDSON,ROGER J AND 13240 SW 121ST AVE DONNA K PORTLAND,OR 97223 12315 SW MARION TIGARD,OR 97223 2S103CB02100 2S103CB02601 BIG MOOSE DEVELOPMENT INC DELANO,NELLIE M&GARY W 9450 SW JAMIESON RD 12185 SW MARION ST BEAVERTON,OR 97005 TIGARD,OR 97223 2S103CB01800 2S103CB00800 DENKER,LES&DEBBIE JAMES STREET LLC 12260 SW JAMES ST 10980 SW AVOCET CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103CB01100 2S103CB02900 ENFIELD,BRIAN L LINDA JOHNSON TRUST 12295 SW JAMES BY BLAISDELL,LAURA K TIGARD,OR 97223 9401 SE BUTTE AVE VANCOUVER,WA 98664 2S103BC03400 2S103CA00309 FINCH,PETER M&GINIA L JONES HOLDINGS LLC 12330 SW ALBERTA ST BY RUTH WOOD JONES TIGARD,OR 97223 12900 SW 9TH APT 232 BEAVERTON,OR 97005 2S103CA00602 2 103CA00310 FRANZ, ROSEMARY B JO HOLD 'GS LLC 10716 SE FOREST VIEW LN BY RU • OOD JONES HAPPY VALLEY,OR 97086 1291: W• APT 232 r AVERTON, •- 97005 2S103CB04300 103CA00311 FUNDERHIDE,RACHEL A&DANIEL R JO HOL GS LLC 12250 SW MARION ST BY RU OOD JONES TIGARD,OR 97223 129 W 9T PT 232 AVERTON,0 97005 2S103CB12000 2S103CB06000 GOOLD,SAMUEL L&SHERIE L KEPHART,PAUL W&BRENDA J 12190 SW HOLLOW LN 12249 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB00500 2S103CB06200 GROSSE',EUGENE R KHELLAH,MUHAMMAD M 12185 SW JAMES ST RAKIE,NABEELEH TIGARD,OR 97223 12263 SW HOLLOW LN TIGARD,OR 97223 2S103CB03001 2S103CB05400 HARRIS,RONALD C AND LILA S KRUSE,DAVID E 1225 PARK AVE#12C 12187 SW HOLLOW LN NEW YORK, NY 10128 TIGARD,OR 97223 2S103CB01700 2S103CB06300 HURTT,JAMES D LAMBERT,JOHN&SALLY JEAN 12300 SW JAMES ST 12275 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02000 2S103CB00100 IVERSON,LARRY T&SANDRA L LANCASTER,MICHAEL T AND 12220 SW JAMES ST PATRICIA TIGARD,OR 97223 13035 SW 121ST AVE TIGARD,OR 97223 • 2S103CB00200 2S103CB04500 LEAR,JOE JR&JOANN NORTON,CLAYTON E 13065 SW 121ST 12210 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB11900 2S103BC03300 MCGUIRE,WAYNE B OLIVER,CHARLES A ELDIEN, PATRICE T OLIVER,BONNIE JO 12202 SW HOLLOW LN 12300 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 251030812300 2S103CB00600 MCQUILKIN,ROGER W OSTROW,DINO&CHERYL 12160 SW HOLLOW LN 12215 SW JAMES ST TIGARD, OR 97223 TIGARD,OR 97223 2S103CB06100 30800 METZGER,THOMAS A&MARY SUE OST ,DINO&CHERYL 12251 SW HOLLOW LN 12 S ES ST TIGARD,OR 97223 ARD,OR 9 223 2S103CB05800 2S1030804400 MILLS,BRENT W&KIMBERLY A OWNBEY,DAVID LLOYD& 12225 SW HOLLOW LN PATRICIA ANNE TIGARD,OR 97223 12230 SW MARION ST TIGARD,OR 97223 281030812100 251030812200 MITCHELL,DENNIS J&SUSANA DEOC PACHOLL,DIANNA F& 12182 SW HOLLOW LN PACHOLL,RICHARD L TIGARD,OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103C802700 2S103CB04800 MUNSON,KURT R AND JULIA H PARKER,KIMBERLY A 12205 SW MARION ST 13305 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1038C03200 2S103CA00603 NASH FAMILY REV LIV TRUST PETITT,THOMAS J&ERIN D BY DOUGLAS E/NANCY LOU NASH TRS 13400 SW 121ST AVE 12270 SW ALBERTA AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00302 2S103CB05900 NOLL,JOHN&BETTY JANE PISTACCHIO,JASON M&JULIE A 12020 SW FONNER ST 12237 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00500 2S103CB04200 NORRIS, LONNIE D AND PRICE,JOHN H&NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CB12800 2S103CB02800 QUAIL HOLLOW-TIGARD, LLC VANNI,FRANK L&SUSAN L BY DICK PACHOLL 12225 SW MARION ST QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 KING CITY,OR 97224 2S103CB05700 2S103CB02400 SCHAEFER,CHRISTOPHER J& WALL,KENT N&FRANCES P KATHLEEN M 13205 SW 121ST AVE 12213 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01701 2S103BCO2900 SELNER,JOHN JOSEPH&MAXINE ELL WILLSTATTER,STEVE 12280 SW JAMES ST BOLLEN,RUTH A TIGARD,OR 97223 12180 SW ALBERTA ST TIGARD,OR 97223 2S103CB05200 2S103CA00307 SHELLEY,JOHN C&MEE Y WILSON,RONALD R DIANE M 12163 SW HOLLOW LN 13200 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB03000 2S103CB02500 SHEPHERD, NICHOLAS M&ARPIL L YAPUNCICH,CODIE L 12265 SW MARION ST 13235 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00400 SPANGLER,JAMES P&KAREN L 13285 SW HOWARD DR TIGARD,OR 97223 2S103CB00400 STAEHNKE,BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD,OR 97223 2S103CB01000 TIBBETS, KATHLEEN M REVOCABLE TR 12235 SW JAMES ST TIGARD,OR 97223 103CB0070 TIB TS THLEEN M REVOCABLE TR 122 MES ST ARD,OR 7223 2S103BCO2800 UHL,LISA&CURTIS 12150 SW ALBERTA ST PORTLAND,OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Shannen Williams Rappold Marketing/Business Development Manager Perlo Construction 7190 SW Sandburg Street Portland, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES Ii:\curnln\setuo\Iahels\CIT (;antral rind l IPflATFn AFFIDAVIT OF MAILING TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: ((heck Applopnate Box(s)mow) © NOTICE OF DECISION FOR: MLP2011-00001/WILSON PARTITION (File No./Name Reference) AMENDED NOTICE City of Tigard Planning 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 part hereof,on June 29,2011,and deposited in the United States Mail on June 29,2011,postage prepaid. 411.4 4 / — , i/ 0,9 _■ (Person that Pre.• d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the C90 day of at L-1 , 2011. t= - OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-OREGON COIGN NO.459848 Oy C���-(:'�' MY • EXPIRES JULY 06,2.015 NOTARY PUB C OF OREGON My Commission Expires: 7(("( l.5 EXHIBIT A NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2010-00001 WILSON PARTITION T I GARD 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet.An existing dwelling on the proposed Parcel 1 will remain. . APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland,OR 97211 Beaverton,OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James St.;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 1 OF 25 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 1. 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 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. 2. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.gov). 3. 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 Development Engineering will delay processing of project documents. 4. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. 5. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 6. Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. 7. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 8. 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. 9. The applicant shall submit a preliminary plat for review. The plat shall include a 2-foot right-of-way dedication along the frontage of SW James Street. In addition,it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP201I-00001/WILSON PARTITION PAGE 2 OF 25 ' p ' 10. The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. 11. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system,or disposed of appropriately on-site. 12. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat,including all fees associated with that permit.A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. 13. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. 14. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. 15. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 16. 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 (503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. e. The final plat shall include all easements required and reference the joint access easement agreement by document number f. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the city has reviewed the final plat and submitted comments to the applicant's surveyor. g. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions),or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE WORK AND BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: NOTICE OF DECISION MI,P2011-00001/WILSON PARTITION PAGE 3 OF 25 o 17. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 18. Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 19. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely 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. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant must obtain the PFI permit before any work begins either on the site or within the public right- of-way. 21. Prior to issuance of building permits,the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 22. 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. 23. The applicant shall pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). 24. The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. 25. Prior to the issuance of site work and building permits,all requirements of TVF&R shall be met. THE FOLLOWING CONDITIONS SHALL BE AHERED TO FOR THE DURATION OF ANY SITEWORK OR THE CONSTRUCTION OF NEW BUILDINGS: 26. 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 NOTno:,OF DECISION MLP2011-0( /WILSON PARTITION PAGE 4 OF 25 reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall,long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor,the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,ATTN:John Floyd 503- 718-2429. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection, 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. 28. Prior to final inspection, 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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to DEVELOPMENT ENGINEERING, GUS DUENAS (503) 718- 2470. The cover letter shall clearly identify where in the submittal the required information is found: 29. Prior to issuance of Certificate of Occupancy for the new building,underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. 30. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. 31. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. 32. Prior to Certificate of occupancy,the applicant shall satisfy all requirements of TVF&R. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject 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 subject lot was developed with a single-family dwelling in NOTICE OF DECISION MI.P201140001/WILSON P.URTITION PAGE 5 OF 25 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R4.5. The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. SECTION IV. PUBLIC COMMENTS The city mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from Nicholas Shepard who expressed concern for the small lot sizes proposed in the application,noting their dissimilarity with existing development whose uniqueness and value was due in large part to "lot sizes and neighbor distance". RESPONSE: As detailed in the findings below, the proposed lot sizes satisfy all applicable development criteria. Consistency of lot sizes with existing,adjacent neighbors is not an approval criterion. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore,this criterion is met. All proposed improvements meet city and applicable agency standards;and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction,at which time the appropriate review authority will ensure that city and applicable agency standards are met Based on the analysis in this decision,Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are both 100 feet in width. Therefore,this criterion has been met. NOTICE OF DECISION MI P2011-00001 PARTITION PAGE 6 OF 25 The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the access drive) that are 8,999 square feet and 11,024 square feet.Therefore,this criterion 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. Proposed Parcel 1 would have 100 feet of frontage along James Street. Proposed Parcel 2 would have a 20'wide access easement to SW James Street. Therefore,this criterion is satisfied. 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, flag lot side = 10 feet, side on a corner = 15 feet,and rear=15 feet. The existing structure on Parcel 1 will comply with these standards. The applicant has included a building envelopes for parcel 2 demonstrating future compliance with these standards. Setback standards for the proposed lots will be reviewed at the time of building permit submittal. 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 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary 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 proposed 15-foot access drive for Parcel 2 will be located 5 feet from the western property line. At present, the property line is demarcated by a chain link fence located on the neighbor's property. To ensure the screening standard is met, the applicant proposes the installation of 188 linear feet of chain link fence with screening slats (Sheet 3 of 5). The height of the proposed fence is six feet,which exceeds the three foot maximum height limit for fences in front yard areas (18.745.050.C.2) and visual clearance requirements (18.794.030.B). A condition of approval will ensure the new fence satisfies height and vision clearance requirements. 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)was sent a copy of the proposal and submitted written comments on June 27,2011. In their comments TVF&R stated that a structure must be within 600 feet from a fire hydrant apparatus access road, as measured in an approved route around the exterior of the structures. City maps indicated that fire hydrants are located approximately 200 feet to the west of the northwest corner of project site, and approximately 270 feet from the northeast corner of the project site. The letter also provides for residential fire sprinklers as an alternate means of NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 7 OF 25 protection. A condition of approval has been added that requires the applicant to comply with TVF&R standards prior to the issuance of building permits for Lot 2. 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 does not propose any common drives.Therefore,this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) 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 269 and 276 feet and is 0.6 miles to the north at 170 feet. 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 indicated in the above findings and required in the following conditions of approval. CONDITIONS: Prior to the issuance of site work and building permits, all requirements of TVF&R shall be met. Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). 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 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7,500 sq.ft. 8,999 sq. ft. 11,024 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 100 ft. 100 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks -Front yard 20 ft. 20 ft. Per -Side facing street on corner&through lots 15 ft. NA Bldg. -Side yard 5 ft. 19/22 ft. Permit \o n( •:OI,Dr( M1.P2111 I-iNNNi1/Vt 1J SON P_ARITI1ON I'.AGI:}t(11.2s -Rear yard 15 ft. 15 ft. Review -Side or rear yard abutting more restrictive zoning district -- -Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. Minimum Landscape Requirement - NA NA FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards (18.730.020.C),which are addressed below in the Exceptions 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 5) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access, Egress and Circulation (18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the city. 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 stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the City of Tigard and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW James Street is classified as a local street. The subject parcels are more than 300 feet west of 121" Avenue, a collector. Therefore, this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. NO"litl:OF DECISION NII.P2u11-0(x01/WII sON PNR'ITIlON P.AGIE 90I.25 Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the city. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW James St.,consistent with this standard. Minimum access requirements for residential use. Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95th Avenue through a 20-foot wide access easement across Parcel 1. This criterion is satisfied Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a)A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet;b) A hammerhead-configured,paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 115 feet. Therefore, this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): 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 all of the land included in the legal description 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 private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre,divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum NOI'ICIiO1.DECISION N1I,1'201I-(NNNI1/WILSON I'.AR'illION P:AGI?10OF25 • number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The subject parcel is .46-acres (20,223 square feet) in size. There are no sensitive lands and no dedications for public parks. The applicant has offered 200 square feet of public rights-of-way dedication for the subject proposal. The applicant proposes 8,999 square feet for Parcel 1 to contain the existing dwelling. Parcel 2 would then be 11,024 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (11,024 square feet/7,500 square feet/unit = 1.47 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above, the Density Computation Standards have been met. Environmental Performance Standards (18.725): Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial 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 emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340- 28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare,whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. 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 a typical detached single-family project,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 beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. No Tick:()I.DECISION \ll.P2011-00oni/WIl S )N PAR'I'PIION P:AGE 11 of.25 Landscaping and Screening(18.745): 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 saved shall be noted on the landscape plans (e.g.,areas not to be disturbed can be fenced,as in snow fencing which can be placed around the individual trees). The applicant plans on retaining nine trees on the subject parcel, and removing ten. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 5) shows tree protection fencing for these trees. Additional details regarding this requirement are discussed in Section 18.790. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The application includes the planting of two green ash trees to satisfy this requirement,as demonstrated on sheet 3 of 5. The City Arborist has reviewed the location and species of the proposed trees, and finds them consistent with city standards for street trees. This criterion is satisfied. Buffering and Screening Requirements: Section 18.745.050.B Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The proposed land partition occurs on a parcel surrounded by the same land use designation (R4.5) as the subject parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However, as conditioned above and restricted below, privacy screening is required pursuant to Section 18.420.050.A.4.f. The application complies with this standard through the erection of a six foot high fence with screening slats. Fences or walls may not exceed three feet in height in a required front yard along local streets, and shall meet vision clearance requirements in Chapter 18.795. As discussed above, the project includes a six foot high fence to comply with screening requirements. This is inconsistent with height limits on fences in front yard areas and visual clearance requirements. A condition has been added that will ensure compliance with this standard. FINDING: The landscape and Screening standards have all been met, or will be satisfied with conditions discussed in other sections of this staff report. CONDITION: Prior to the issuance of site work and building permits, the applicant shall submit revised plans that demonstrate a fence height of no more than three feet within the front yard setback area (20 feet from property line). Off-Street Parking And Loading Requirements (18.765): This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed NOTICE OF DECISION MLP2011-1Ntt101/WILSON PARTTON PAGE 12 OF 25 plans for the construction of a new dwelling 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 maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. Staff finds that with the lot size and setback requirements,ample off-street parking will be available,consistent with this standard. Tree Removal(18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Plan consisting of an Arborist Report prepared by Rob Lloyd, ISA dated March 9, 2011 and a site and erosion control plan signed by the Mr. Lloyd (sheet 4 of 5). The plan inventories the existing trees, identifies those proposed for removal, and indicates the recommended locations of tree protection fencing. Over 75% of the trees over 12 inch diameter will be retained,so no mitigation is required. This criterion is satisfied. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. 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 satisfy the following conditions of approval: CONDITIONS: Prior to any site work, the applicant shall position fencing as directed by the project arborist. 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. 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 NOTICE OF DECISION MLPmm -I-a 01/WILSON PARTITION PAGE 13 OF 25 Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals,and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the city can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, 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/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 restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area 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 Site and Composite Utility Plan (Sheet 3 of 5) indicates a proposed 6' fence adjacent to the proposed driveway. This is inconsistent with the required vision clearance area. As discussed above in landscaping standards, fences are not allowed to exceed three feet in height within the front yard setback and a condition has been added to require the fence be lowered to three feet. As conditioned,the project will satisfy this standard. Impact Study (18.390): Section 18.360.090 states, "The Director shall make a finding with respect 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 improvements necessary to meet city standard, and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the NOTICE OF DECISION M1.P2011-O(X)O1/WILSON PARTITION PAGE 14 0F 25 public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The project will partition an existing lot measuring 100 feet wide,by 200 feet deep,into two parcels. The existing house will remain on the front parcel,and a new structure is proposed on the rear parcel. The existing house does not receive sanitary sewer or stormwater services. Sanitary sewer is available and will be provided to both the existing and proposed house as a result of this partition, the costs of which will be offset by payments to Sewer Reimbursement District No. 30 and CWS sewer connection fees. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval required in this decision. The Washington County Transportation Development Tax (CDT—effective July 1,2010) is a mitigation measure that is required at the time of development. Based on Washington County figures TDTs are expected to recapture 18.9 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TDTs of approximately$4,599 (Effective July 1,2010)per new dwelling unit. Based on the estimate that total TDT fees cover 18.9 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $27,656 ($5,227 divided by .189). The difference between the TDT paid, and the full impact, is considered the unmitigated impact on the street system; therefore the unmitigated impact of this project is $22,429 ($27,656 - $5,227). The site has approximately 100 feet of frontage along SW James Street,a local street. Two feet of right-of-way dedication is required to meet current standards. The total dedication will be approximately 200 square feet. The estimated cost of the dedication is $600 (200 square feet x $3.00/square foot). The dedication is required to meet the street improvement requirements of Section 18.810.030. The total cost is less than the unmitigated impact on the arterial and collector system. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street,which is a local street.The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. NOTICE OF DECISION MI.13211110 Mxl1/WI ISON PARTITION PAGE 15 OF 25 There are no curbs or sidewalks along James Street. No street improvements are required with this MLP. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20-foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32-foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of-way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the right-of-way line. After that point,it may be concrete or asphalt. 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. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround; use of turnaround configurations NdY17CI:O1.I)I:( !sic)N N11,P2011-000NII/\X'11soNP\R'1i11ON p\GI?16OI.25 other than circular, shall be approved by the City Engineer; 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; and if a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. No cul-de-sacs are proposed. This criterion does not apply. 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. 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. No new streets are being created with this partition, this standard does not apply. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development. Therefore, this standard does not apply. 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. All proposed lots are less than 1.5 times the minimum lot size and are therefore,exempt from this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 20-foot access easement across Parcel 1,consistent 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 property adjoins James Street, located between 121"and 124th Avenue. None of these streets have sidewalks. The project does not propose sidewalks, but will result in the dedication of 2 feet of right-of-way which would provide sufficient right-of-way for the addition of sidewalks at a future date. NoIIC1?O1.ll1:CI51oN \I1.1'2•111-lKM>ti1/WILSON P:ViITIION PAGI?17 OF 25 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. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. The project is located within Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a 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 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 resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities,unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek,the storm water runoff will be permitted to discharge without detention. \c)77( )N \11 I'2011-pus 1/\G71SON 1Gr 18 01.25 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 quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. A fee-in-lieu of storm water detention will be charged for the new lot, and a storm water connection permit shall be obtained from CWS prior to recordation of the final plat. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW James Street is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above,and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The city reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets;and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in- lieu for undergrounding of lines along the property frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The property frontage is 100 lineal feet resulting in a fee of $3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Noll(:I.OI.1)I:(:IsION \11.I'2U11-IW$ 1/\V1l.SONI'\RIiI'ION I'.AGI•:1901.25 Public Water System: Each of the two lots must be provided with water service. The existing house already has water service. A new meter and lateral will be extended to serve the new lot from the existing water line in the street. Storm Water Quality: The city has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition,a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Payment of the fee in-lieu of water quality treatment would be required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits. An Erosion Control Plan covering the entire site must be submitted with the PFI Permit application for review and approval.This plan is necessary for issuance of the CWS storm water connection permit. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the city prior to final plat approval. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the city's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the city's GPS survey. By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves,hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FINDING: As discussed above, with conditions the project can comply with all street and utility improvement standards. CONDITIONS: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT NOTICE OF DECISION MI132011-000X11/WILSON PARTITION PAGE 20 OF 25 • APPROVAL: 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 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. The applicant shall apply for a Public Facility Improvement (PFI) permit for this project to cover driveway connections, utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the city's web page (www.tigard-or.go_v). 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 Development Engineering will delay processing of project documents. The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for performance of all work within the public right-of-way. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." Prior to final plat approval, all Clean Water Services requirements shall be met, including issuance of a storm water connection permit. Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. 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 applicant shall submit a preliminary plat for review.The plat shall include a 2-foot right-of- way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. NOTICE OF DECISION MLP201 1-11110 0 1/WILSON PARTITION PAGE 21 OF 25 The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the city's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system,or disposed of appropriately on-site. A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit.A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is $18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date,an additional fee involving increase in interest will be charged. Prior to final plat approval, the applicant shall pay the fee-in-lieu of undergrounding for the overhead utility lines along the property frontage.This fee is in the amount of$3,500.00. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt: Public Works Department 503-718-2589). 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE: Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. G. After the city and county have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. NOTICE OF DECISION MLP20114XXJ01/WILSON PARTITION PAGE 22 OF 25 • Prior to issuance of building permits,the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. 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 pay the standard water quality fee for that lot (fee amount will be the latest approved by CWS). The applicant shall pay the water quantity fee-in-lieu amount for the second lot,if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: Prior to issuance of Certificate of Occupancy for the new building, underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. SECTION VI. OTHER STAFF COMMENTS City of Tigard Arborist submitted comments which have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 11-000234)which found that no sensitive area appears to be located within 200 feet of the subject site. The agency also submitted a comment letter dated June 24, 2011 requesting a condition of approval requiring the applicant to obtain a Storm Water Connection Permit Authorization prior to any site work or partition plat recording. This request has been incorporated into the Conditions of Approval. Tualatin Valley Fire and Rescue (TVF&R) submitted written comments in a letter dated June 27, 2011. In their letter, TVF&R endorsed the proposal predicated on six criteria and conditions. Conditions of approval have been added that require TVF&W standards be met prior to the issuance of site work and building permits,and again prior to occupancy. 1) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) NOTICE OF DECISION WPM 1-00(101/WILSON PARTITION PAGE 23 OF 25 Note:If residential fire sprinklers are elected as an alternate means of protection and the system will be supported by a municipal water supply, please contact the local water purveyor for information surrounding water meter sizing. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 60,000 pounds live load (gross vehicle weight).You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (OFC D102.1) This design criteria applies to the private driveway serving parcel#2 as it is part of the fire access route. 3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (OFC B105.2) Prior to issuance of a building permit,provide evidence of a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure. 4) FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s),on-site fire hydrants and mains shall be provided. (OFC 507.5.1) Sheet 3 states that there is a fire hydrant within 400 feet of from the development however where this distance was measured from is not specified. Please clarify. A fire hydrant is required to be within 600 feet southeast corner of the structure on parcel#2. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 6) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a 1/2 inch stroke. (OFC 505.1) 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 UNE 29,2011 AND BECOMES EFFECTIVE ON JULY 15 UNLESS AN APPEAL IS FILED. ./1■1 • Appeal: 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 NOTICE OF DECISION MLP2011-00001/WILSON PARTITION PAGE 24 OF 25 . appeal together with the required fee shall be filed with the Director within ten(10)business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14,2011. Questions: If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at(503) 639-4171. June 29,2011 PREPA%D BY: Joh oyd DATE Associate Planner i 11. June 29,2011 APPROVED BY: Ron Bunch DATE Community Development Director i.\c-urpin\johnf\!nip\mlp2011-00001 12190 sw fames\m1p2011-00001 draft decision.doc NOTICE OF DECISION MI.P2011-1x1001/WILSON PARTITION PAGE 25 OF 25 I. JJ- L1- r I 1 1 .1k, , 1rr?err r►'� r �`— EEL VICINITY MAP ...+.I I CARMC N _ la 3; r T -1-1.7-oz. � � MLP2011-00001 ___,... i T� WILSON PARTITION 4/„ r.____ ___ . ___ 4..:_:c . 1 I AL3TA S - 411 ______, _. o_ mil 0 Subject Site wsst L t rQNf.9- RSlr.i f _.......______, j / 1 217 I 99Y.�„_ Illhlk die 11,Q JAMES S1 r iv kt" vs +� J v 1 �`OW �♦ (,-,____ 1 r ,4 _ J /4 n y J-�411 1 MViiic■ r RroN s r 114 An 'ig 1 J ��� . Information on this map is for general location IHJ n r{�r (1 4''LN P\ only and should be verified with the �Q- Development Services Division.All .t4 Approx Scale 1'4.000-1 in=333 ft ra�� �� Map printed at 0921 AM on 14-Jun-11 QU/AJL CR [I< 1 .„ • DA TA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD L f Y �� MAKES NC WARRANTY REPRESENTATION OR GUARANTEE AS TO THE CONTENT ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF • THE DATA LIABILITY FORVANVDERRORS,OMISSIONS F OR INACCURACIES ASSUME IIIIII , ILITY FOR i ANY PROVIDED REGARDLESS SIN HOW CUES I -ZBISIMIWA .:\%j'MEV"FM / illifillfr RR U1ty OF IIgard 4,01, D 131 it SW Hall Blvd lh 0 Feet 500 p TI�ARMpPS Ti 5036 9-417123 l� ■ MI 4 www.tigard-or.gov Tic YfIS • • I •, N S. Y. JAMES STREET • +.. . :••• •• •—,r_• — —r w--G w C •r; ue d=am �•t". :. G r G —G ^0 —G —G — SCALE ••+• 1'.20• :. .:•�, ... • .' y�: �•^ 1. alio !1 0 20 NOTES: ZONE IS R4.5 .:�,; :',.....• •■. :•.- V :.'.i.,;......::f!..711.1 Ili UTILITIES, BUILDING AND FEATURE •' 4 :•j•• +' '', 03 L• .D T LOCATIONS SHOWN ARE BY FIELD '�•. •••�'.:+•:'...o SURVEY, OTHER UTILITIES MAY EXIST, j. •.• `•• Q m m-, ' AND EXACT POSITIONS MUST BE '• ........ = •• , HOUSE PARCEL 8,999ESF 1 in r;, a LOCATED PRIOR TO ANY WORK. .,..;1 12190 g I N a _ Da = C 0 p DIMENSIONS AND AREAS MAY VARY i � '•' 2 Z SLIGHTLY UPON FINAL BOUNDARY g ► C 0 RESOLUTION t.• 1T s �� , H SYMBOLS D O CONTOUR INTERVAL IS 1.00'. VERTICAL •• TAG7- v • - FOUND MONUMENT * 4 2. DATUM BASED ON CITY OF TIGARD 5 '• G g ' R $ - POWER POLE f• � p, • BRASS DISK j263 WITH ELEVATION OF $ tt�� , •..,I-ETNNING W I ❑w- WATER METER =. n O 241.91 FEET. N -)2, „' R • ❑V - VERIZON BOX >� BEARINGS AND LOT DIMENSIONS ARE I' '" 56750'DO`E 100.00• •�� ❑EL- ELECTRIC METER �W- WATER VALVE PER PLAT 5755 WASHINGTON COUNTY 1•' ^• OOV - GAS VALVE 1Z PUBLIC RECORD. $ ® - MANHOLE O Q ' GARAGE n % 0 H ® - FIRE HYDRANT a PARCEL 2 —W—- WATER UNE c 0 I •ETNNING WALL 11.024 SF •,/ —E—- ELECTRIC UNE MREGISTERED �, I 0 - —5--- SAW. SEWER '{L[.r,1 PROFESS• in I" TAG17 I —G—GAS UNE ��S 27 O D W - DRNEWAY • N e'Vii I� ° '�' ' fir',. SIDEWALK •�•••, •^^+ JULY tuoD �I -Y�t S . 2.. DECIDUOUS O )[ JDE H. FERGUSON t C.\� ` TAG. -`� ?' 1 •r r trr•,.+ MEWL DATE t 1 11 p 1 �- ?> ' -�(�■. CONIF1R'\ I CERT Y THAT DRS MAP WS PREPARED jm USNG HP PRODUCT/5104Q /\` ON Mg-1824 FLU l • • * ROAD PROFILE �' AINING wALL 1"=40' HORIZ .I AO G Q PROJECT SITE S69.50'00•'E 100.00' �e S�H/R/ -�t N. n a N '7 tO CO h u7 rn a• a . 9J t��1 IFS Vf�`,I l�La��{'' Q��(, N, N N N N CH N N N N N N (may CD PLANItiIN /ENGINELMI'7'C`... N N JOB NO. 10-117 DATE: FEBRUARY 28, 2011 CENT: SITE PLAN DRAFTED 02.28.11 BIG MOOSE DEVELOPMENT. INC. Ferguson Land Surveying, Inc. KM= 12190 SW JAMES ST. LOT 8, w1L ETTE 646 SE 106TH AVE. PORTLAND, OR 97216 TIGARD, OREGON SITUATED IN THE SOUTHWEST 1/4 OF SECTION 3,T.2S.. R.1W., W.M., SHEET 1 OF 1 RE REVISED M!THE CITY OF 71GPR0, WASHINGTON COUNTY. OREGON Phone (503) 408-0601 Fox (503) 408-0602 DATE: FEBRUARY 24, 2011 Steve Wilson MLP2011-00001 EXH 1 D lT3 Big Moose Development WILSON PARTITION 9450 SW Jamieson Rd Beaverton, OR 97005 Garner Moody PO Box 11560 Portland,OR 97211 Nicholas Shepard 12265 SW Marion Street Tigard, OR 97223 r AFFIDAVIT OF MAILING TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: yOteck A a•Box(s)sdow © NOTICE OF DECISION FOR: MLP2011-00001/WILSON PARTITION (1*No./Name Reference) AMENDED NOTICE ® City of Tigard Planning 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 part hereof, on June 29,2011,and deposited in the United States Mail on June 29,2011,postage prepaid. /Li . WJ4Lld d/ (Person that Pre..red No. / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ( 1.) day of die LW ,2011. OFFICIAL SEAL Jcr- f,\ NOTARY PLUBLIC OREGON f�f COMMISSION NO.459848 MY '. ION EXPIRES,JULY 06,2015_ NOTARY PUBLIC OF OREGON My Commission Expires: 7/601/.0 EXHIBIT, NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 WILSON PARTITION 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION 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 time 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 JUNE 29, 2011 AND BECOMES EFFECTIVE ON JULY 15, 2011 UNLESS 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 appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14, 2011. Questions: For further information please contact the Planning Division Staff Planner,John Floyd at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or by email to Johnflatigard-or.gov. I `I i.4. -r(;�. 1 . 7 '—._.-( { ' - T- z I r ( fI _-2 t_ j._� f'a tT I ,,c aRr }-- / + I i` k i i . 1 t VICINITY MAP MLP2011-00001 J t . 1--;-' 1 I '1,. ' , ( ' i � WILSON PARTITION Ja — _ , V - I ' r ; 1 . ' 1i "1 Y t,Tra,- 1, 1 iniali -1- Subject Site ._.... _i ____ _ —, 1 —. \` %• �. 72( �• ES ST \ 1 !4:. _ . 1111 7, >,41.,kt 11,,,,,,f/ 11,, f'---: 1-1;'' '''‘'4-').'''..''4'' ' / \A --,11 •• .F # ! Af r�"�. ` ,\ /.. .r.w.r.rr�•,AOm w...^i -.,.. is 111 ;` /Z..'" �`-'----',.7 4202. 42.i2F1RERW.Y2L'.Y.LS_. 'T r..I �J ' f f µe n 1 �% (. , � � • • S., JAMES STREET s 's--.e.�-i. ,s,— _s----.7,1)4F�� ER,. _— �1 42 - : A.• ' , 1 It RS .Doc _ _ F' \ NOTES: r � _ y m V is(-i=iii aUMt CMli LIMNS WV dm. PARCEL t MO C04-7•C6InZ04 NAT IK MIENT0316 MC•REAS 101.YAW O ii m "d0111A0M * SYMBOLS sT E Ik Po.ea Pa. o' o�+wo B �,� c � �rzu.��..uvs,ox a E zE n O oa mill wrIt I C w.ic 5/0 caRt fr.>.et ,as it ..o.w, A H. CJ i ®- E'Y g g PARCEL 2 ——-ki _ -x : .. [(MUM .......""1.'"'". 1.4611147 NO ROAD PROFILE 4 e411-..,,,,V,. ' . :,s• 1%40'NORIZ +PNO.EC)N1t Et - T - - T N�- N ___ - - - . -; .3r.l; WI Raen_..�, reM SITE PIAN Ferguson Land Surveying, Inc.NO— ,,±�wream ...c. yy�T_ ENE SE 10170 Avr.PORTLAND.OR 17216 sere. 0 141.5 V0 WY rri/. a)r10 55 ,,.0.100.10 .a. P.on.(503)40e-0001 rev(503)200-0000 2S103CB05300 2S103CB02300 E `• 'I B IT._ ARRELANO, RUBEN&CONDELEILANI BORST,DONNA S 12175 SW HOLLOW LN 12150 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01200 2S103CB01900 BACHOFNER,JEFFREY L AND BRUNNER,LANE E&CYNTHIA M HEIDI A 12240 SW JAMES ST 12325 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04600 2S103BCO2700 BAKER,JAMES E&LESLIE M BUCHHOLZ,KYLE J 30506 1ST 12120 SW ALBERTA ST OCEAN PARK,WA 98640 TIGARD,OR 97223 2S103CB02200 2S103CB05600 BEATY,BRYAN D CAPUA,DEBRA S& 12170 SW JAMES ST PITTS,GERALD RNERNA J TIGARD,OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB04700 2S103CB05500 BECKER,JEFFREY S&APRIL K CASIAS,DAVID J&LILIA M 12170 SW MARION ST 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03000 2S103BC03100 BERG, KATHLEEN MARIE CONN,ALISSA L&MICHAEL L 11303 SW ELLSON LN 12240 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02600 2S103CB00300 BERGSTROM,EDWARD A DANFORTH,ALLEN&BARBARA J 12165 SW MARION 13849 SW MISTLETOE DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04100 2S103CB01600 BERINGER,BRIAN J&ANN L DARR,LINDSAY ANN 12290 SW MARION ST WALKER,SUSAN GLENN TIGARD,OR 97223 16435 SW COPPER CREEK DR TIGARD,OR 97224 2S103CA00303 2S103CB03100 BETTENCOURT, RICHARD E&LORRAIN DAVIDSON,ROGER J AND 13240 SW 121ST AVE DONNA K PORTLAND,OR 97223 12315 SW MARION TIGARD,OR 97223 2S103C802100 2S103CB02601 BIG MOOSE DEVELOPMENT INC DELANO,NELLIE M&GARY W 9450 SW JAMIESON RD 12185 SW MARION ST BEAVERTON,OR 97005 TIGARD,OR 97223 ' • 2S103CB01800 2S103CB00800 DENKER,LES&DEBBIE JAMES STREET LLC 12260 SW JAMES ST 10980 SW AVOCET CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103CB01100 2S103CB02900 ENFIELD,BRIAN L LINDA JOHNSON TRUST 12295 SW JAMES BY BLAISDELL,LAURA K TIGARD,OR 97223 9401 SE BUTTE AVE VANCOUVER,WA 98664 2S103BC03400 2S103CA00309 FINCH,PETER M&GINIA L JONES HOLDINGS LLC 12330 SW ALBERTA ST BY RUTH WOOD JONES TIGARD,OR 97223 12900 SW 9TH APT 232 BEAVERTON,OR 97005 2S103CA00602 2 103CA00310 FRANZ, ROSEMARY B JO • HOLD 'GS LLC 10716 SE FOREST VIEW LN BY RU • OOD JONES HAPPY VALLEY,OR 97086 1298% W• APT 232 AVERTON, • 97005 2S103CB04300 - 103CA00311 FUNDERHIDE,RACHEL A&DANIEL R JO` HOLD .GS LLC 12250 SW MARION ST BY RU • •OD JONES TIGARD,OR 97223 12911% W9 ' ',PT 232 AVERTON,O' 97005 2S103CB12000 25103CB06000 GOOLD, SAMUEL L&SHERIE L KEPHART,PAUL W&BRENDA J 12190 SW HOLLOW LN 12249 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB00500 2S103CB06200 GROSSE',EUGENE R KHELLAH,MUHAMMAD M 12185 SW JAMES ST RAKIE,NABEELEH TIGARD,OR 97223 12263 SW HOLLOW LN TIGARD,OR 97223 2S103CB03001 2S103CB05400 HARRIS,RONALD C AND LILA S KRUSE,DAVID E 1225 PARK AVE#12C 12187 SW HOLLOW LN NEW YORK,NY 10128 TIGARD,OR 97223 231030801700 2S103CB06300 HURTT,JAMES D LAMBERT,JOHN&SALLY JEAN 12300 SW JAMES ST 12275 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02000 2S103CB00100 IVERSON,LARRY T&SANDRA L LANCASTER,MICHAEL T AND 12220 SW JAMES ST PATRICIA TIGARD,OR 97223 13035 SW 121ST AVE TIGARD,OR 97223 • • 2S103CB00200 2S103CB04500 LEAR,JOE JR&JOANN NORTON,CLAYTON E 13065 SW 121ST 12210 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103C1311900 2S103BC03300 MCGUIRE,WAYNE B OLIVER,CHARLES A ELDIEN,PATRICE T OLIVER,BONNIE JO 12202 SW HOLLOW LN 12300 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB12300 2S103CB00600 MCQUILKIN,ROGER W OSTROW,DINO&CHERYL 12160 SW HOLLOW LN 12215 SW JAMES ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB06100 3C600 METZGER,THOMAS A&MARY SUE OST ,DINO&CHERYL 12251 SW HOLLOW LN 12 S ES ST TIGARD,OR 97223 ARD,OR 9 223 2S103CB05800 2S103CB04400 MILLS,BRENT W&KIMBERLY A OWNBEY,DAVID LLOYD& 12225 SW HOLLOW LN PATRICIA ANNE TIGARD,OR 97223 12230 SW MARION ST TIGARD,OR 97223 2S103CB12100 2S103CB12200 MITCHELL, DENNIS J&SUSANA DEOC PACHOLL,DIANNA F& 12182 SW HOLLOW LN PACHOLL,RICHARD L TIGARD,OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CB02700 2S103CB04800 MUNSON, KURT R AND JULIA H PARKER,KIMBERLY A 12205 SW MARION ST 13305 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03200 2S103CA00603 NASH FAMILY REV LIV TRUST PETITT,THOMAS J&ERIN D BY DOUGLAS E/NANCY LOU NASH TRS 13400 SW 121ST AVE 12270 SW ALBERTA AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00302 2S103CB05900 NOLL,JOHN&BETTY JANE PISTACCHIO,JASON M&JULIE A 12020 SW FONNER ST 12237 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00500 2S103CB04200 NORRIS, LONNIE D AND PRICE,JOHN H&NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 • 2S103CB12800 2S103CB02800 QUAIL HOLLOW-TIGARD,LLC VANNI,FRANK L&SUSAN L BY DICK PACHOLL 12225 SW MARION ST QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 KING CITY,OR 97224 2S103CB05700 25103CB02400 SCHAEFER,CHRISTOPHER J& WALL,KENT N&FRANCES P KATHLEEN M 13205 SW 121ST AVE 12213 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01701 2S103BCO2900 SELNER,JOHN JOSEPH&MAXINE ELL WILLSTATTER,STEVE 12280 SW JAMES ST BOLLEN,RUTH A TIGARD,OR 97223 12180 SW ALBERTA ST TIGARD,OR 97223 2S103CB05200 2S103CA00307 SHELLEY,JOHN C&MEE Y WILSON,RONALD R DIANE M 12163 SW HOLLOW LN 13200 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB03000 2S103CB02500 SHEPHERD, NICHOLAS M&ARPIL L YAPUNCICH,CODIE L 12265 SW MARION ST 13235 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00400 SPANGLER,JAMES P&KAREN L 13285 SW HOWARD DR TIGARD,OR 97223 2S103CB00400 STAEHNKE,BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD,OR 97223 2S103CB01000 TIBBETS,KATHLEEN M REVOCABLE TR 12235 SW JAMES ST TIGARD,OR 97223 103CB0070 TIB TS THLEEN M REVOCABLE TR 122 MES ST ARD,OR 7223 2S103BCO2800 UHL,LISA&CURTIS 12150 SW ALBERTA ST PORTLAND,OR 97223 n - 2 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Shannen Williams Rappold Marketing/Business Development Manager Perlo Construction 7190 SW Sandburg Street Portland, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 13-Dec-10 AFFIDAVIT OF POSTING NOTICE -01 OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: MLP2011-00001 Land Use File Name: WILSON PARTITION I, John Floyd, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) 77;274 94- '✓40( ektf f of elri)"..t/ 1L /01./ O .S�✓ and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the ! / day of J vn ,2011. Signa ,s of Person o Performed Posting h:\login\patty\masters\affidavit of posting for applicant to post public hearmg.doc - WILSON PARTITION - MINOR LAND PARTITION (MLP) 2011-00001 REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11 ,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street, Washington County Tax Map 2S103CB, Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765 18.790, 18.795 and 18.810. Further information may be obtained from the Planning Division (staff contact: John Floyd, Associate Planner (503.718.2429) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by e-mail to johnfl@ tgard-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. II AFFIDAVIT OF MAILING .14 TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: ((Neck Appropriate sox(s)Below} © NOTICE OF PENDING LAND USE DECISION FOR: MLP2011-00001/WILSON PARTITION ❑ AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning 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 part hereof,on June 14,2011,and deposited in the United States Mail on June 14,2011,postage prepaid. r . ....,,,,.„,,,,,,ei (Person that Prepare, NO.7;) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 40 day of .IU(_y , 2011. i f1'"), OFFICIAL SEAL �' () r".,;I NOTARY PUBLIC OREGON L TREAT ) ~•�f COMMISSION NO.459846 J !) /I MY COMMISSION EXPIRES JULY 06,2015 c; ll,CtitLi Y ()PLO t NOTARY PUBLIC OF OREGON My Commission Expires: 1(0 i / THNOTICE TO E TIGARD MORTGAGEE, CODE REQUIRES E VENDOR A I YOU RECEIVE THIS NOTICE, EXHIBIT /`A IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING • LAND USE APPLICATION ■ MINOR LAND PARTITION .1.IGARD DATE OF NOTICE: June 14, 2011 FILE NO.: MINOR LAND PARTITION (MLP) 2011-00001 FILE TITLE: WILSON PARTITION APPLICANT & Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP.: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton,OR 97005 REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 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 JUNE 28, 2011. All comments should be directed to John Floyd. Associate Planner (503.718.2429) in the Planning Division at the City 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 Johnfl(a Tgard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 29, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITIEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. FAILURE OF ANY PARTY TO ADDRESS THE RELEVANT APPROVAL CRITERIA WITH SUFFICIENT SPECIFICITY MAY PRECLUDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR CIRCUIT COURT ON THAT ISSUE. SPECIFIC FINDINGS DIRECTED AT THE RELEVANT APPROVAL CRITERIA ARE WHAT CONSTITUTE RELEVANT EVIDENCE. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site;all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: 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 Community Development Department. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." __1 r, ,,,,P - I�I I I I--` , limo i1 - F— o� VICINITY MAP _ ... 1 EIV 4r " rr11 MLP2011-00001 0 NW WILSON PARTITION 1 — l 1 1 �� I I O�IiER A}✓ i ) A11111141 •1 SubJtCl$Ill L C&lir ...:( r� ti .. • • r .ma MINOriiih • ,firs . ,` -1-m----1- 4(:: -,r illir--G-. :1'2 �11 11 1/ 7.Q 1 6# _ ire „.x AN : 1��� � �:�jai QUI!( C. IN ad +�'7: Am t.'4.14,ZetlifeetN3t-IV-f r--, fN( (1111[411y7cillip' *44411171111170 ji min vow OPIIII )1315 Pa .._„,, Z f • Steve Wilson MLP2011-00001 EX H I�I T�f� Big Moose Development WILSON PARTITION 9450 SW Jamieson Rd Beaverton, OR 97005 Gamer Moody PO Box 11560 Portland, OR 97211 • 2S103C805300 2S103CB02300 ARRELANO, RUBEN&CONDELEILANI BORST,DONNA S 12175 SW HOLLOW LN 12150 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01200 2S103CB01900 BACHOFNER,JEFFREY L AND BRUNNER,LANE E&CYNTHIA M HEIDI A 12240 SW JAMES ST 12325 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04600 2S103BCO2700 BAKER,JAMES E&LESLIE M BUCHHOLZ,KYLE J 30506 1ST 12120 SW ALBERTA ST OCEAN PARK,WA 98640 TIGARD,OR 97223 • 2S103CB02200 2S103CB05600 BEATY, BRYAN D CAPUA,DEBRA S& 12170 SW JAMES ST PITTS,GERALD RNERNA J TIGARD,OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB04700 2S103C805500 BECKER,JEFFREY S&APRIL K CASIAS,DAVID J&LILIA M 12170 SW MARION ST 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03000 2S103BC03100 BERG,KATHLEEN MARIE CONN,ALISSA L&MICHAEL L 11303 SW ELLSON LN 12240 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02600 2S103CB00300 BERGSTROM, EDWARD A DANFORTH,ALLEN&BARBARA J 12165 SW MARION 13849 SW MISTLETOE DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04100 2S103CB01600 BERINGER, BRIAN J&ANN L DARR,LINDSAY ANN 12290 SW MARION ST WALKER,SUSAN GLENN TIGARD,OR 97223 16435 SW COPPER CREEK DR TIGARD,OR 97224 2S103CA00303 2S103CB03100 BETTENCOURT,RICHARD E&LORRAIN DAVIDSON,ROGER J AND 13240 SW 121ST AVE DONNA K PORTLAND,OR 97223 12315 SW MARION TIGARD,OR 97223 2S103C802100 2S103CB02601 BIG MOOSE DEVELOPMENT INC DELANO,NELLIE M&GARY W 9450 SW JAMIESON RD 12185 SW MARION ST BEAVERTON,OR 97005 TIGARD,OR 97223 2S103CB01800 2S103CB00800 DENKER,LES&DEBBIE JAMES STREET LLC 12260 SW JAMES ST 10980 SW AVOCET CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103C1301100 2S103CB02900 ENFIELD,BRIAN L LINDA JOHNSON TRUST 12295 SW JAMES BY BLAISDELL,LAURA K TIGARD,OR 97223 9401 SE BUTTE AVE VANCOUVER,WA 98664 2S103BC03400 2S103CA00309 FINCH,PETER M&GINIA L JONES HOLDINGS LLC 12330 SW ALBERTA ST BY RUTH WOOD JONES TIGARD,OR 97223 12900 SW 9TH APT 232 BEAVERTON,OR 97005 2S103CA00602 2 103CA00310 FRANZ,ROSEMARY B JO HOL GS LLC 10716 SE FOREST VIEW LN BY RU OOD JONES HAPPY VALLEY,OR 97086 129 W APT 232 AVERTON, 97005 2S103CB04300 - 103CA00311 FUNDERHIDE,RACHEL A&DANIEL R JO`, HOLD ,GS LLC 12250 SW MARION ST BY RU •4 OOD JONES TIGARD,OR 97223 1290% W 9T' 4-PT 232 AVERTON,0' 97005 2S103CB12000 2S103CB06000 GOOLD,SAMUEL L&SHERIE L KEPHART,PAUL W&BRENDA J 12190 SW HOLLOW LN 12249 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB00500 2S103CB06200 GROSSE',EUGENE R KHELLAH,MUHAMMAD M 12185 SW JAMES ST RAKIE,NABEELEH TIGARD,OR 97223 12263 SW HOLLOW LN TIGARD,OR 97223 2S103CB03001 2S103CB05400 HARRIS, RONALD C AND LILA S KRUSE,DAVID E 1225 PARK AVE#12C 12187 SW HOLLOW LN NEW YORK, NY 10128 TIGARD,OR 97223 2S103CB01700 2S103CB06300 HURTT,JAMES D LAMBERT,JOHN&SALLY JEAN 12300 SW JAMES ST 12275 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02000 2S103CB00100 IVERSON, LARRY T&SANDRA L LANCASTER,MICHAEL T AND 12220 SW JAMES ST PATRICIA TIGARD,OR 97223 13035 SW 121ST AVE TIGARD,OR 97223 • 2S103C800200 2S103C1304500 LEAR,JOE JR&JOANN NORTON,CLAYTON E 13065 SW 121ST 12210 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103C811900 2S103BC03300 MCGUIRE,WAYNE B OLIVER,CHARLES A ELDIEN,PATRICE T OLIVER,BONNIE JO 12202 SW HOLLOW LN 12300 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB12300 2S103CB00600 MCQUILKIN,ROGER W OSTROW,DINO&CHERYL 12160 SW HOLLOW LN 12215 SW JAMES ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB06100 3CBOO METZGER,THOMAS A&MARY SUE OST ,DINO&CHERYL 12251 SW HOLLOW LN 12 S ES ST TIGARD,OR 97223 ARD,OR 9 223 2S103CB05800 2S103CB04400 MILLS,BRENT W&KIMBERLY A OWNBEY,DAVID LLOYD& 12225 SW HOLLOW LN PATRICIA ANNE TIGARD,OR 97223 12230 SW MARION ST TIGARD,OR 97223 2S103CB12100 2S103CB12200 MITCHELL,DENNIS J&SUSANA DEOC PACHOLL,DIANNA F& 12182 SW HOLLOW LN PACHOLL,RICHARD L TIGARD,OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CB02700 2S103CB04800 MUNSON,KURT R AND JULIA H PARKER,KIMBERLY A 12205 SW MARION ST 13305 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03200 2S103CA00603 NASH FAMILY REV LIV TRUST PETITT,THOMAS J&ERIN D BY DOUGLAS E/NANCY LOU NASH TRS 13400 SW 121ST AVE 12270 SW ALBERTA AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00302 2S103CB05900 NOLL,JOHN&BETTY JANE PISTACCHIO,JASON M&JULIE A 12020 SW FONNER ST 12237 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00500 2S103CB04200 NORRIS, LONNIE D AND PRICE,JOHN H&NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CB12800 2S103CB02800 QUAIL HOLLOW-TIGARD,LLC VANNI,FRANK L&SUSAN L BY DICK PACHOLL 12225 SW MARION ST QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 KING CITY,OR 97224 2S103CB05700 2S103CB02400 SCHAEFER,CHRISTOPHER J& WALL,KENT N&FRANCES P KATHLEEN M 13205 SW 121ST AVE 12213 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01701 2S103BCO2900 SELNER,JOHN JOSEPH&MAXINE ELL WILLSTATTER,STEVE 12280 SW JAMES ST BOLLEN,RUTH A TIGARD,OR 97223 12180 SW ALBERTA ST TIGARD,OR 97223 2S103CB05200 2S103CA00307 SHELLEY,JOHN C&MEE Y WILSON,RONALD R DIANE M 12163 SW HOLLOW LN 13200 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB03000 2S103CB02500 SHEPHERD,NICHOLAS M&ARPIL L YAPUNCICH,CODIE L 12265 SW MARION ST 13235 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00400 SPANGLER,JAMES P&KAREN L 13285 SW HOWARD DR TIGARD,OR 97223 2S103CB00400 STAEHNKE,BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD,OR 97223 2S103CB01000 TIBBETS, KATHLEEN M REVOCABLE TR 12235 SW JAMES ST TIGARD,OR 97223 103CB0070 TIB TS THLEEN M REVOCABLE TR 122 MES ST ARD,OR 7223 2S103BCO2800 UHL,LISA&CURTIS 12150 SW ALBERTA ST PORTLAND,OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Shannen Williams Rappold Marketing/Business Development Manager Perlo Construction 7190 SW Sandburg Street Portland, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 13-Dec-10 2S103CB02100 BIG MOOSE DEVELOPMENT INC 9450 BEAVERTON,ER ON,O 9 RD /,iL) ///BEAVERTON,OR 97005 1 iip Alro,• iiiraggitul Area Notified (500 Ft) P. 11111 illial TIPPC� I. f 12190 SW James Street i II l k ILC O IM 111a11 II . (2S103CB,02100) . CARMEN ST �'' ■ (25103 1-00001 1111111 ., 1111111r1■ m in ;gin' ALBER +'11 imi_•. : INk� r•``` `\\\` `\ ,,,,, Subject Site N 41111111.11.1 flirt ` \ MES ST \\ �•w Property owner information is valid Ell ill ■ .1IiW for 3 months from the date noted on �, this map. p , uI _ MARION ST ligiaimi O ` \ \ ` \\\ ` \ ` ,� II Map Printed:24-May-11 IIIiM,\\\\\``````\ `� ,, `` '44 r Q I Information on this map is for general elopmn ((�� any aM should be verified wdh the Development .0 .1,i, `\`\\` .. �`:` 410, �l Services Division. DATA IS DERIVED FROM MULTVLE SOURCES THE CITY OF TOARD RAKES NOT WAR RANTV.REPRESE NTATION.OR GUARANTEE AS TO THE'4111 MI' s CONTENT.OVOES HE TIMELINESS OR COMPLETENESS OF ANY OF THE fa'``"` S ` �' CONTENT FEY A ACCURACY ERRORS SS OR COMPLETENESS ENESS OF NY O THE ,�� IIIIIii NFORMATION PROVIDED REGARDLESS OF ROW CAUSED >_ rye' '�' ' 111,1111611111r �. ~ . ' Cry of 7paro 1125 SW HNI&W• ti • ern® /Iwo Tiyntl.OR a7P23. ' N • WWWIiyQd-OLQOV WI 2S103CB05300 2S103CB02300 ARRELANO,RUBEN&CONDELEILANI BORST,DONNA S 12175 SW HOLLOW LN 12150 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01200 2S103CB01900 BACHOFNER,JEFFREY L AND BRUNNER,LANE E&CYNTHIA M HEIDI A 12240 SW JAMES ST 12325 SW JAMES TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04600 2S103BCO2700 BAKER,JAMES E&LESLIE M BUCHHOLZ,KYLE J 30506 1ST 12120 SW ALBERTA ST OCEAN PARK,WA 98640 TIGARD,OR 97223 2S103CB02200 2S103CB05600 BEATY,BRYAN D CAPUA,DEBRA S& 12170 SW JAMES ST PITTS,GERALD RNERNA J TIGARD,OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB04700 2S103CB05500 BECKER,JEFFREY S&APRIL K CASIAS,DAVID J&LILIA M 12170 SW MARION ST 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03000 2S103BC03100 BERG,KATHLEEN MARIE CONN,ALISSA L&MICHAEL L 11303 SW ELLSON LN 12240 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02600 2S103CB00300 BERGSTROM,EDWARD A DANFORTH,ALLEN&BARBARA J 12165 SW MARION 13849 SW MISTLETOE DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB04100 2S103CB01600 BERINGER,BRIAN J&ANN L DARR,LINDSAY ANN 12290 SW MARION ST WALKER,SUSAN GLENN TIGARD,OR 97223 16435 SW COPPER CREEK DR TIGARD,OR 97224 2S103CA00303 2S103CB03100 BETTENCOURT,RICHARD E&LORRAIN DAVIDSON,ROGER J AND 13240 SW 121ST AVE DONNA K PORTLAND,OR 97223 12315 SW MARION TIGARD,OR 97223 2S103CB02100 2S103CB02601 BIG MOOSE DEVELOPMENT INC DELANO,NELLIE M&GARY W 9450 SW JAMIESON RD 12185 SW MARION ST BEAVERTON,OR 97005 TIGARD,OR 97223 2S103CB01800 2S103CB00800 DENKER,LES&DEBBIE JAMES STREET LLC 12260 SW JAMES ST 10980 SW AVOCET CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103CB01100 2S103CB02900 ENFIELD,BRIAN L LINDA JOHNSON TRUST 12295 SW JAMES BY BLAISDELL,LAURA K TIGARD,OR 97223 9401 SE BUTTE AVE VANCOUVER,WA 98664 2S103BC03400 2S103CA00309 FINCH, PETER M&GINIA L JONES HOLDINGS LLC 12330 SW ALBERTA ST BY RUTH WOOD JONES TIGARD,OR 97223 12900 SW 9TH APT 232 BEAVERTON,OR 97005 2S103CA00602 2 103CA00310 FRANZ,ROSEMARY B JO • HO P 'GS LLC 10716 SE FOREST VIEW LN BY RU ' OOD JONES HAPPY VALLEY,OR 97086 1290 s W• APT 232 AVERTON, •' 97005 2S103C804300 103CA00311 FUNDERHIDE,RACHEL A&DANIEL R JO HOL GS LLC 12250 SW MARION ST BY RU OOD JONES TIGARD,OR 97223 129 W 9 PT 232 AVERTON,0 97005 2S103CB12000 2S103CB06000 GOOLD,SAMUEL L&SHERIE L KEPHART,PAUL W&BRENDA J 12190 SW HOLLOW LN 12249 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB00500 2S103CB06200 GROSSE',EUGENE R KHELLAH,MUHAMMAD M 12185 SW JAMES ST RAKIE,NABEELEH TIGARD,OR 97223 12263 SW HOLLOW LN TIGARD,OR 97223 2S103CB03001 2S103CB05400 HARRIS,RONALD C AND LILA S KRUSE,DAVID E 1225 PARK AVE#12C 12187 SW HOLLOW LN NEW YORK, NY 10128 TIGARD,OR 97223 2S103CB01700 2S103C806300 HURTT,JAMES D LAMBERT,JOHN&SALLY JEAN 12300 SW JAMES ST 12275 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB02000 2S103CB00100 IVERSON,LARRY T&SANDRA L LANCASTER,MICHAEL T AND 12220 SW JAMES ST PATRICIA TIGARD,OR 97223 13035 SW 121ST AVE TIGARD,OR 97223 2S103CB00200 2S103CB04500 LEAR,JOE JR&JOANN NORTON,CLAYTON E 13065 SW 121ST 12210 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB11900 2S103BC03300 MCGUIRE,WAYNE B OLIVER,CHARLES A ELDIEN,PATRICE T OLIVER,BONNIE JO 12202 SW HOLLOW LN 12300 SW ALBERTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB12300 2S103CB00600 MCQUILKIN,ROGER W OSTROW,DINO&CHERYL 12160 SW HOLLOW LN 12215 SW JAMES ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB06100 3CB00 METZGER,THOMAS A&MARY SUE OST ,DINO&CHERYL 12251 SW HOLLOW LN 12 S ES ST TIGARD,OR 97223 ARD,OR 9 223 2S103CB05800 2S103CB04400 MILLS,BRENT W&KIMBERLY A OWNBEY,DAVID LLOYD& 12225 SW HOLLOW LN PATRICIA ANNE TIGARD,OR 97223 12230 SW MARION ST TIGARD,OR 97223 2S103CB12100 2S103CB12200 MITCHELL,DENNIS J&SUSANA DEOC PACHOLL,DIANNA F& 12182 SW HOLLOW LN PACHOLL,RICHARD L TIGARD,OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CB02700 2S103CB04800 MUNSON,KURT R AND JULIA H PARKER,KIMBERLY A 12205 SW MARION ST 13305 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BC03200 2S103CA00603 NASH FAMILY REV LIV TRUST PETITT,THOMAS J&ERIN D BY DOUGLAS E/NANCY LOU NASH TRS 13400 SW 121ST AVE 12270 SW ALBERTA AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00302 2S103CB05900 NOLL,JOHN&BETTY JANE PISTACCHIO,JASON M&JULIE A 12020 SW FONNER ST 12237 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00500 2S103CB04200 NORRIS, LONNIE D AND PRICE,JOHN H&NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 • 2S103CB12800 2S103C602800 QUAIL HOLLOW-TIGARD,LLC VANNI,FRANK L&SUSAN L BY DICK PACHOLL 12225 SW MARION ST QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 KING CITY,OR 97224 2S103CB05700 2S103CB02400 SCHAEFER,CHRISTOPHER J& WALL,KENT N&FRANCES P KATHLEEN M 13205 SW 121ST AVE 12213 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB01701 2S103BCO2900 SELNER,JOHN JOSEPH&MAXINE ELL WILLSTATTER,STEVE 12280 SW JAMES ST BOLLEN,RUTH A TIGARD,OR 97223 12180 SW ALBERTA ST TIGARD,OR 97223 2S103CB05200 2S103CA00307 SHELLEY,JOHN C&MEE Y WILSON,RONALD R DIANE M 12163 SW HOLLOW LN 13200 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB03000 2S103CB02500 SHEPHERD,NICHOLAS M&ARPIL L YAPUNCICH,CODIE L 12265 SW MARION ST 13235 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA00400 SPANGLER,JAMES P&KAREN L 13285 SW HOWARD DR TIGARD,OR 97223 2S103CB00400 STAEHNKE,BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD,OR 97223 2S103CB01000 TIBBETS,KATHLEEN M REVOCABLE TR 12235 SW JAMES ST TIGARD,OR 97223 103CB0070 TIB TS THLEEN M REVOCABLE TR 122 MES ST ARD,OR 7223 2S103BCO2800 UHL,LISA&CURTIS 12150 SW ALBERTA ST PORTLAND,OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Shannen Williams Rappold Marketing/Business Development Manager Perlo Construction 7190 SW Sandburg Street Portland, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 13-Dec-10 Irri City of Tigard Request for 500' Property Owner Mailing Labels PROPERTY OWNER INFORMATION IS VALID FOR 3 MONTHS FROM THE DATE OF YOUR REQUEST PHONE:503-718-2438/FAX: 503-718-2748/E-MAIL:patty( tigard-or.gov PLEASE INDICATE ALL MAP &TAX LOT NUMBERS (i.e. 1S134AB,Tax Lot 00100) THAT ARE INCLUDED IN YOUR PROJECT OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than one (1)tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) 12190 SW James St (AS/ 3 Z OA 100) Tigard Or 97233 ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City,and the project planner has reviewed your application for completeness,you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. 1ompleteness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate postage on the envelopes m the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON:Garner Moody PHONE: (503) 329-5369 NAME OF COMPANY:Lloyd Development LLC FAX: 4503).914-0378 EMAIL: garnermoody @yahoo.com This request can be sent by e-mail, US mail, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request,the contact person listed will be called to pick up their request that will be placed in'Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter in the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost cannot be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=$ 0 x °1 sets= +� 2 I.sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties= x sets= . GENERATE LIST = $11.00 'ENERATE .$ 1,1 TOTAL = $31.00 �n � TOT —$2 C:\Users\Patty\Appllata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\M��M.K188YTW\500'Property Owner Mailing Labels Request(1).doc (Updated:29-Sep-10) Patty Lunsford From: Patty Lunsford Sent: Tuesday, May 24, 2011 9:11 AM To: 'Garner Moody' Subject: RE: Substantially Complete Hi Garner, Your request for mailing labels is ready to be picked up. The cost is$31.00. I will leave your labels in "will-call" under your last name at the Planning/Engineering counter in the Permit Center. Our counter hours are from 8-4:30,Tuesday-Friday. If you have any questions, please feel free to contact me. Best Regards, Patty Lunsford Planning Assistant City of Tigard I Current Planning 13125 SW Hall Boulevard Tigard, Oregon 97223 www.tigard-or.gov Phone 1 503.718.2438 Email I pattvt tieard-or.eov From: Garner Moody [mailto:garnermoody @yahoo.com] Sent: Tuesday, May 24, 2011 8:37 AM To: Patty Lunsford Subject: Fw: Substantially Complete Hi Patty, Let me know when I can come in and pickup the labels. Thanks! Garner Moody 503 329 5369 Forwarded Message From: John Floyd <Johnfl @ tgard-or.gov> To: "Garner Moody (garnermoody @yahoo.com)" <garnermoody @yahoo.com> Cc: Steve Wilson <bigmoosedevelopment @gmail.com> Sent: Monday, May 23, 2011 11:19 AM Subject: Substantially Complete Garner, Attached is our completeness letter for the James Street partition. Let me know if you have any questions on it. John 1 APPLICANT MATERIALS RECEIVED MAR 2 1 2011 1.14 " Ci Tigard CITY OF TIGARD tY o f g an PLANNING/ENGINEERING 11 ; ► D Land Use Permit Application PRE-APP. HELD BY: File# /.402 J-0 f(- °ay Other Case# Date .3 1?- 1-1 I . By S I fl� Receipt# jg g I Fee 3 2 Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR . ❑Adjustment/Variance (I or II) ❑ Historic Overlay(II or III) ❑ Site Development Review(II) ❑ Comprehensive Plan Amendment(IV) ❑ Home Occupation(H) ❑ Subdivision(II or III) ❑ Conditional Use(III) ® Minor Land Partition(II) ❑ Zone Change (III) ❑ Development Code Amendment(IV) ❑ Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Downtown Design Review(II,III) ❑Sensitive Lands Review(I,II or III) LOCATION WHERE PROPOSED ACTIVITY W PILL S OCCUR�(Address if available) /IO! �OS 1 4/ Y,/ T/34 c/ op TAX PS&T LOT as, d3cRoloO aloo �., TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT" Cle/Ve A/loo CA/ MAILING ADDRESS/CITY/STATE/ZIP Po e S ieg,1 ld o,Q 17A I i PHONE NO. FAX NO. 663 3a 9 x369 PRIMARY CONTACT PERSON PHONE NO. ( PROPERTY OWNER/DEED I-IOLDER(Attach list if more than one) S fevv U, /5OA 6/,5 47o && aUPf oa/rlbl MAILING ADDRESS/CI1Y/STATE/ZIP g So SW 'rein, sc, ,Pct eel cc-DJ/ OR ?cOS PHONE NO FAX NO. so3 , a a ol.a 6 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) CTReq 4e CPI 3 he+ wr �lj A.0 -C4 <4541.4 + O kW'_S+ S%r✓' f(' o /111 1-44 sepkes /mss �f a/2:1.c(t6 yr T&' 5A,e.4 yt be G, ':-1,1 'f Ae Aouse Ks be demo -4,e/. 7--ko exi_s��y souse Ga,r/( Q�il'1�7 r/U. is\curpin\masters\land use applications\other land use applications.doc City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 4 THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date App-licant/Agent/Repre tive's Signature Date Applicant/Agent/Representative's Signature Date City ty of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 2 of 2 s CITY OF TIGARD RECEIPT � .113125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 181881 - 03/23/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2011-00001 Land Partition Fee-2 Lots 1003100-43116 $2,871.00 MLP2011-00001 Land Partition Fee-2 Lots-LRP 1003100-43117 $424.00 Total: $3,295.00 PAYMENT METHOD CHECK# CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4657 STREAT 03/23/2011 $3,295.00 Payor: Big Moose Development Inc Total Payments: $3,295.00 Balance Due: $0.00 Page 1 of 1 Fidelity National Title Company of Oregon PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein Fidelity National Title Company of Oregon hereby reports that it is prepared to issue, or cause to be issued, as of the specified date, a policy or policies of title insurance describing the land and the estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in Exhibit A. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a/an California corporation. Please read the exceptions shown or referred to herein and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This preliminary report is for the exclusive use of the parties to the contemplated transaction, and the Company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the Company reserves the right to amend or supplement this preliminary report. Countersigned FDOR0211.rdw Fidelity National Title Company of Oregon 10540 SE Stark Street, Portland, OR 97216 (503)256-0700 FAX (503)257-9677 PRELIMINARY REPORT ESCROW OFFICER: Patricia Nuttbrock ORDER NO.: 20100016476-FTPOR03 TITLE OFFICER: David Boutin Amended TO: Fidelity National Title Company of Oregon Attn: Patricia Nuttbrock 10540 S.E. Stark Street Portland, OR 97216 OWNER/SELLER: Household Finance Corporation BUYER/BORROWER: Big Moose Development, Inc. PROPERTY ADDRESS: 12190 SW James Street Tigard, Oregon 97223 EFFECTIVE DATE: November 29, 2010, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM Owner's Standard(REO Rate) 129,000.00 $340.00 Governmental Service Fee $25.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Household Finance Corporation II 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE"ATTACHED HERETO AND MADE A PART HEREOF FDOR0212.rdw PRELIMINARY REPORT (Continued) Order No.: 20100016476-FTPOR03 EXHIBIT "ONE" Lot 8, WILLAMETTE, in the City of Tigard, County of Washington and State of Oregon. FDOR0212.rdw Order No.: 20100016476-FTPOR03 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes of assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by Public Records. 2. Facts, rights, interest or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation of worker's compensation, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS 6. Property Taxes with partial payment are as follows: Fiscal Year: 2010-2011 Original Amount: $2,293.62 Unpaid Balance: $79.01, plus interest if any Levy Code: 023.74 Account No.: R475195 Map No.: 2S13CB-02100 7. City lien in favor of the City of Tigard, Purpose: Reimbursement Fee Amount: $6,000.00, plus interest if any Reference No: Resolution No. 05-15, Reimbursement District No. 30 ADDITIONAL REQUIREMENTS/NOTES: A. NOTE: A Washington County Ordinance imposes a tax of$1.00 per$1,000.00 valuation on certain real property transfers unless an exemption from the tax is granted by the county in accordance with the ordinance. B. NOTE: The vestee shown in this report acquired title through a foreclosure. The Company will require information about those occupying the property and details concerning the rights of any tenant. C. Note: There are no matters against the party(ies) shown below which would appear as exceptions to coverage in a title insurance product: Parties: Big Moose Development, Inc., an Oregon corporation FDOR0390.rdw Order No.: 20100016476-FTPOR03 D. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below. Name of Corporation: Big Moose Development, Inc. a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein. c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. E. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below. Name of Corporation: Household Finance Corporation II a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein. c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. F. NOTE: No search has been made or will be made for water, sewer, or storm drainage charges unless the city/service district claims them as liens(i.e., foreclosable) and reflects them on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water/service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. G. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: LSI Title Company of Oregon Grantee: Household Finance Corporation II Recording Date: December 10, 2009 Recording No. 2009-106946 H. Recording charge for a RESPA transaction (all transfer and loan documents): RESPA Residential Sale and Purchase $150.00 RESPA Residential Loan/Refinance $130.00 RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Note: For many real estate transactions, Federal law requires that a settlement statement show the allocation of title insurance charges between title insurer and title insurance agent. For the transaction that is the subject of this report, the allocation is as follows: Fidelity National Title Company of Oregon (agent): 88% Fidelity National Title Insurance Company (insurer): 12% FDOR0390.rdw Order No.: 20100016476-FTPOR03 I. Note: Effective January 1, 2008, Chapter 864, Oregon Laws 2007 mandates withholding of Oregon income taxes from sellers who do not continue to be Oregon residents or qualify for an exemption. Please contact your Escrow Closer for further information. J. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. F DO R0390.rdw / QrrQfVe, May 4h, 2011 RECEIVED MAY 04 2011 Narrative Property Address CITY OF TIGARD 12190 SW James St PLANNING/ENGINEERING Tigard Or 97233 Legal Address Lot 8, WILLAMETTE, in the City of Tigard, County of Washington and State of Oregon We are proposing to divide the property into two tax lots with an easement to serve the newly created flag lot. Zoning is R4.5 and the enclosed documents demonstrate our compliance with the applicable code. Currently,the lot is 100 ft wide by 200 ft deep. After the partition, Parcel 1, will be 100 ft wide by 90 feet deep. Parcel 2, the newly created flag lot, will be 100 feet wide by 110 feet deep. A single, detached unit will be constructed on Parcel 2 and the existing single, detached unit will remain on Parcel 1. Existing garage will be demolished. This will be a Type II land partition. We are proposing a 20 ft easement along the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. There will be a 32 foot concrete driveway that connects the public street to the site. There will not be a curb or sidewalk per the pre-application requirements. There will be landscape screening to the west of the easement. The enclosed drawings reflect the requirements outlined at the pre-application meeting and in accordance with 18-810. A 2 ft right-of- way dedication will also be placed along the street frontage. The Grading Plan includes the arborists tree protection notes. It also shows the trees to be removed and those to be protected. The arborist has also signed the site plan and the grading plan. The electrical service for the existing house and for the new lot will be placed underground. The roof runoff from the existing house will use splash block using the existing downspouts. The new house will route stormwater into the planting strip. The plans reflect this design. A neighborhood meeting was held on March 4th 2011 and the proper notifications were given. For the new lot We will install a'/a"water meter for the new lot per city STD Drawing 520. We will tap the existing water main with 3/4"Corp Stop per city STD drawing 520. We will connect to the existing 8"sanitary line per CWS STD drawing 170. We will construct 32' wide concrete driveway per city STD drawing 141. Driveway to be the SHARED TYPE with no curb and sidewalk. The existing asphalt will be sawcut to install a new concrete driveway to match the existing grade at sawcutline. We will install 188 linear feet of fence with screen slats to separate driveway from property to west. There will also be a 32' reciprocal access easement over the driveway. The width from the neighbors property to the beginning of our concrete driveway is 25'. The width of the street from the beginning of our property to the beginning of the neighbors property is 52'. Please reference the plans for specifics. Below is a list of the remaining applicable fees. I have referenced a Gus Duenas email sent on May 3rd 2011. Water quality/quantity fee prior to June 30th 2011- $500.00. Will be paid before final inspection of the new house. Underground fee - $3,500.00. We have elected to put the utilities underground and we won't be paying the fee-in-lieu. Sewer Reimbursement fee prior to March 7th 2012 - $18,023.08. We will pay this fee when we pull the plumbing permit to connect the sewer laterals for the new house. CWS connection fee prior to June 30th 2011 - $4,135.00. We will pay this fee when we pull the permit for the new house. PFI permit—fee $300.00 (initial charge and most likely will remain at this cost, depending upon construction costs for PFI items)—We will pay this fee after the plans are reviewed but before permits are issued. Assurance for work- Dependent upon estimated cost of construction of PFI items. This will also occur before the permits are issued. Garner Moody C Applicant Lloyd Development LLC 503 329 5369 RECEIVED March 19th, 2011 MAR 2 3 2011 Narrative CITY OF TIGARD Property Address PLANNING NGINEERING 12190 SW James St Tigard Or 97233 Legal Address Lot 8, WILLAMETTE, in the City of Tigard, County of Washington and State of Oregon We are proposing to divide the property into two tax lots with a 20 ft easement to serve the newly created flag lot. Zoning is R4.5 and the enclosed documents demonstrate our compliance with the applicable code. Currently,the lot is 100 ft wide by 200 ft deep. After the partition, Parcel 1, will be 100 ft wide by 90 feet deep. Parcel 2, the newly created flag lot,will be 100 feet wide by 110 feet deep. A single, detached unit will be constructed on Parcel 2 and the existing single, detached unit will remain on Parcel 1. Existing garage will be demolished. This will be a Type II land partition. A Pre-application conference was held on February 1st 2011. A neighborhood meeting was held on March 4th 2011 and the proper notifications were given. Garner Moody Applicant Lloyd Development LLC 503 329 5369 ws Lii-Er L,11, F�� � 4 r ti .011. F637011011 CleanWater Services Our i•umnnrmcnl i>clear. CWS File Number � •_ ;14•ening /1- 000234 Site Assessment ,I Jurisdiction: ( �J d C r 13 A R C j / Property Informs ion: (example 1S234AB01400) Owner Information: Taxlot ID(s): C R_o j00 Name S'TPVe S _ Company: ►n�i 3 47C a S c 7 &v t GPI f Address: C//Sro (.t/ vi P e S Site Address: I OA ) c am T.141 S S4 geivQ~h.AJ o f 9?a c c c E aa3 Phone/Fax: .Sa3 S: ri 00.1 _1 Nearest Cross Street: E-mail: h;9 ryoplay 4.0 vc(6/m4i-elt 6,11A t.€ •� Development Activity: Check all that apply Applicant Information: Addition to Single Family Residence (rooms, deck, garage) ❑ Name: 4.r1 e,v-en e,(id l/ Lot Line Adjustment ❑ Minor Land Partition - Company: L1 oy A 6e V f(op/1-1/1 4 LL C Residential Condominium ❑ Commercial Condominium ❑ Address: (s t>2( /(�E a Residential Subdivision ❑ Commercial Subdivision ❑ 100e-tfklc�� 0 1-7Q I Single Lot Commercial ❑ Multi Lot Commercial ❑ Phone/Fax:,503• 'd5 536`1 / .5'‘;-_;', y N V �� Other E-mail: 3AR/tt2ie J1466)c�y }e4hiJ . (6/11 Will the project involve any off-site work: YES n NO 1 Unknown n Location and description of off-site work: Additional comments or information that may be needed to understand your project: C if e ' i ' - 0 This application does NOT replace the need for Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands andlor Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. Print/Type Name: A Ii /' i ✓1't00 c y Print/Type Title: 1 _ Signature: Date: '16 ?FOR DISTRICT USE ONLY n Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or • �� within 200'of the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, State, and federal law. Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state,and federal law. n This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. IT The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMEN OR SERVI E ROVIDER°i J TTER IS REQUIRED. Reviewed By:�t° Date: 2-/Y/ 1 2550 SW Hillsboro Highway•Hillsboro,Oregon 97123 Phone: (503)681-5100•Fax: (503)681-4439•www.cleanwaterserviis,org Revised:May 8.2007 A rborisf Report LLOYD'S ARBORICULTURAL CONSULTING, LLC ARBORIST REPORT RECEIVED 12190 SW JAMES STREET MAR 2 3 2011 TIGARD, OR 97223 CITY OF TIGARD PLANh'inaIENGINEERING PREPARED FOR Lloyd Development, LLC C/O Garner Moody PO Box 11560 Portland, OR 97211 BY Rob Lloyd, ISA Certified Arborist #PN1620A Certified Tree Risk Assessor #0147 March 9, 2011 © Copyright Lloyd's Arboricultural Consulting, LLC 24005 NE 2246 St., Battle Ground,WA 98604* 360-687-1430 *360-687-1434 fax * LAC@treesi.com TABLE OF CONTENTS Scope of work page 1 Summary page 1 Inventory page 2 Protection standards page 3 Tree protection standards page 3 Protection fencing standards ..page 3 Site drawing page 4 Arborist disclosure statement page 5 Assumptions and limiting conditions page 6 Certification of performance .page 7 12190 SW JAMES STREET—ARBORIST REPORT Page I of 7 SCOPE OF WORK As per your request, I will prepare an Arborist report to assist you in the minor partition land division at 12190 SW James Street. I will view each of the trees as indicated in the hand sketch and their outward condition. Recommendations will be made for any abatement that will be needed. Each tree will be numbered and inventoried. SUMMARY There are 22 trees on this property, 7 of which are 12 inches or greater in diameter. As per my conversation with the City Arborist, those trees which are orchard type fruit trees are exempt from the calculations for mitigation; therefore, only one significant tree will be removed, thus requiring no mitigation. INVENTORY The tree inventory list on the following page displays all of the trees on the site that are 6 inches in diameter and greater, and also gives their species and required fence radius dimensions for protection. Once a complete site plan has been developed,these trees and the fencing as called for in this report will need to be show for development review. Inventory notes Note 1- All trees with this note are affected by a quick grade drop that appears to be the result of some past foundation work. Tree#1 is on the top side of that slope and is located roughly 3' from its edge. Trees#6-12 are down in the whole, and should all likely be removed regardless of the development plan due to location and species. If trees#6-12 are removed,then the only tree to consider is tree#1. A fill could be utilized to bring the lower grade up to this tree, however there is no way to save this tree with any soil cuts at all that would attempt to bring the grade down. Fill soil must be highly porous (sand or large soil colloids) and have little (less than 8%) to no clay content. Note 2- Preservation for most of the trees on site would simply require fencing be installed prior to any further work. However, there are some additional items such as pruning and cabling(tree #1)that have been recommended and would increase aesthetics. The site around the trees would have to be cleared by hand in order to place the fencing, due to the thick underbrush. No equipment would be allowed for this process. ROB LLOYD,CERTIFIED ARBORIST March 9,2011 i 12190 SW JAMES STREET—ARBORIST REPORT Page 2 of 5 INVENTORY (Continued) Tree Inventory # Species DBH Greater Remove Fence Condition Notes than 12" 1 Maple 15 X Note Fair Strong stem inclusion. Poor Architecture. Should cable if 1 preserved. 2 English Walnut 12.25 X 10' Fair 3 English Walnut 9 10' Fair 4 Birch 16 X 14/10 Fair Crown clean to remove dead and sap rot fungi. 5 Apple 12 X ? 10 Fair Orchard tree-exempt from calculations per City Arborist 6 Lombardi poplar 7.5 X Fair Note 1. 7 Lombardi poplar 7 X Fair Note 1. 8 Lombardi poplar 6.5 X Fair Note 1. 9 Lombardi poplar 7 X Fair Note 1. 10 Lombardi poplar 9 X Fair Note 1. 11 Lombardi poplar 30 Av X X Fair Note 1. 12 Lombardi poplar 6 X Fair Note 1. 13 Plum 8 Av ? 8 Fair Comprised of three stems. 14 Cherry 6 X 6 Poor/fair Poor structure due to past pruning. Crowded. 15 Apple 10 X 8 Fait Orchard tree-exempt from calculations per City Arborist. 16 Apple 7 X 8 Poor/fair Orchard tree-exempt from calculations per City Arborist. 17 Apple 12 X X 10 Fair Orchard tree-exempt from calculations per City Arborist. 18 Cherry 10 ? 10 Fair Large surface roots towards center of lot. 19 Birch 15 X 12/10 Fair Poor structure. Crown clean. Remove damaged trunk. 20 Magnolia 7.5 N/A Poor Decay due to previous topping 21 Ailanthus 9.5 X N/A Fair Deeply included. Invasive species. 22 Plum 8 N/A Poor/fair Orchard tree-exempt from calculations per City Arborist. Color code Orchard type trees exempt from mitigation calculations. Significant tree(s)to be removed. *Fencing indicates radius minimums. Where a smaller number appears, this is for one side of the tree only, and would require the other 3 sides to be increased • ROB LLOYD,CERTIFIED ARBORIST March 9,2011 12190 SW JAMES STREET—ARBORIST REPORT Page 3 of 7 PROTECTION STANDARDS The following standards must appear on your site and Clearing/grading plans, and are the primary protection standards beyond the Inventory Notes. TREE PROTECTION STANDARDS I. Prior to the commencement or move in for any construction related activities,protective fencing shall be placed up to the area directly under the drip line of these trees,or that area identified in the arborist report. 2. At no point shall protective fencing be removed or breached without written consent of the Planning Director,Project Arborist,or City Arborist. 3. No temporary or permanent drainage may be directed into any area that will affectively reach the root zones of the trees to be protected.If necessary,install dry wells,drainage,or drip irrigation to insure water changes will not adversely affect these trees. 4. Neither the contractor nor any related party thereof shall store materials within the protective fencing,nor shall any materials be stored within an area that could contaminate or cause harm to protected trees.These materials include but are not limited to concrete or its wash out,drums, chemicals,fuel containers,and or leaking equipment. 5. If entry inside the protective fencing is necessary,the Planning Director and City Forester must first be contacted.Any root pruning or trenching that may be necessary shall be done only under direct supervision of the project Arborist or City Forester. 6. Protective fencing shall not be removed until project is completely finished,and all equipment is removed from site. PROTECTION FENCING STANDARDS 1.Protective fencing shall consist of 6 foot chain link fence.Anchor posts must be installed at no more than 10 foot spacing.Posts must be driven into ground,or placed on concrete footpads.Care must be taken not to damage large roots while installing posts if they are to be driven into the ground. 2.Signs must be placed every 10 feet on Protective fencing,stating the following information; • Tree Protection Area. • Do not remove or enter fencing • If entry inside this fencing is necessary,written permission must first be obtained by the City Planning Department or City Arborist, (provide contact phone number). • Non-compliance with tree protection standards can result in fines and a stop work order. 3.Protective fencing must be inspected daily.Any damage to protective fencing shall be repaired immediately. ROB LLOYD,CERTIFIED ARBORIST March 9,2011 1 ' 12190 SW JAMES STREET—ARBORIST REPORT Page 4 of 7 SITE DRAWING Provided by Lloyd Development,LLC PRELIMINARY SITE PLAN LOT& 'WILLAMETTE". SITUATED IN THE SOUTHWEST 1/4 OF SECTION 3, T.25., R.1W., W.M., IN THE CITY OF TIGARO.WASHINGTON COUNTY, OREGON DATE: DECEMBER 23, 2010 \.\\S S S S S S St S S— 3 S.W. JAMES STREET (50.00' WIDE) G G �G ( G, G =�— —G ) G O �' S89'S0r'00"E 100.00' • 20 'I I 80.00' tr il `� I I • ^� W O I v o I 0 C7)12220 SW JAMES ST. ~N 12190 SW JAMES ST. O Z L 3 O 12170 SW JAMES ST. I ` 01 E ° PARCEL 1 8,999 SF NOTES: LOT 5, co � WILLAMETTE" / S U 00 ZONE 5 R4.5 19,998 SF U N °o a o° Ly I N SURFACE DRAINAGE AND OTHER UTILITIES TO BE LOCATED AT THE TIME OF S89"50'00 E 100.00'/ BUILDING PERMITS. DOWNSPOUTS ON oas-nNG HOUSE sal. �W �, w �{ 3 GO TO SPLASH BLOCKS. \ `o o ' THIS MAP IS PRELIMINARY IN cO iO NATURE, AND DOES NOT REFLECT S M ANY "ON THE GROUND" SURVEY b o OF THE PROPERLY OR ENVIRONS: a' .1 Z 0 UILME5 SHOWN ARE SCALED FROM 1 MAPPING PROVIDED BY INDIVIDUAL 0 20 30 PARCEL 2 0 \PROVIDERS OTHER UTIfl1ES MAY ExISr, r 10,999 Si 0-1�° AND EXACT POSITIONS MUST BE REGISTERED //O O LOCATED PRIOR TO ANY WORK. • PROFESSIONAL 0--1 DIMENSIONS MID AREAS MAY VARY • 18 S J' A R P il SLIGHTLY UPON FINAL BOUNDARY d"• RESOLUTION �1 Alo,,'• —"-' 0 BUILDING AND FEATURE LOCATIONS ARE •' ION ./ SCALED FROM PUBLICLY AVAILABLE S, 1990 �S'-� AERIAL PHOTOGRAPHY ONLY. JOE H. FERGUSON CONTOUR INTERVAL 5 1.00', SCALED 2445 N._ S i; FROM WASHINGTON COUNTY INTERMAP RENEWAL DATE 12/31/11 \I N89' '00"W 00.00' 10' 1 \ \ \ NP LOT 31, LOT 30, U \ "WILLAMETTE SF �PLAT 2" 13,950 N 15,950 SF \ t \ \ G \ \\,\ CLIENT: STEVE WILSON Ferguson Land Surveying, Inc. SHEET NO. 1 OF 1 ` _ 646 SE 106TH AVENUE, PORTLAND, OR 97216 JOB NO. 10-117 Phone (503) 408-0601 Fax (503) 408-0602 DRAFTED 12/23/2010 )s *Trees have been roughly located by the consultant,and are not exactly located. ROB LLOYD,CERTIFIED ARBORIST March 9,2011 12190 SW JAMES STREET—ARBORIST REPORT Page 5 of 7 Arborist Disclosure Statement Arborists are tree specialist who uses their education, knowledge,training and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living, work and playing near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of trees. Trees are living organisms that fail in ways that we do not fully understand. Conditions are often hidden within trees or below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise,remedial treatments, like any medicine, cannot be guaranteed. Even health trees with little to no observable defect or disease are recorded to begin to fail when wind speeds reach 60 mph, and under snow and ice loads; such event cannot be managed or predicted. Treatment, pruning and removal of trees may involve considerations beyond the scope of the arborist's services such as property boundaries, property ownership, site lines,disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. Trees can be managed, but they cannot be controlled. To live, work or play near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. ROB LLOYD,CERTIFIED ARBORIST March 9,2011 12190 SW JAMES STREET—ARBORIST REPORT Page 6 of 7 Assumptions and Limiting Conditions 1. This report is in no way to be considered a complete hazard tree evaluation, nor does the consultant take any responsibility for the inactions of others in dealing with this matter. 2. Any legal description provided to the consultant is assumed to be correct. 3. It is assumed that this property is not in violation of any codes, statutes, ordinances, or other governmental regulations other than those that may be identified in this report. 4. The consultant cannot be responsible for information gathered from others involved in various activities pertaining to this project. Care has been taken to obtain information from reliable sources. 5. The consultant cannot be responsible for work conducted by any other arborist, contractor or worker attempting to fulfill the requirements and/or specifications contained in this report. 6. Loss or alteration of any part of this report invalidates the entire report. Ownership of any document by the intended client shall only be valid after full payment for such document(s) has been received by Lloyd' Arboricultural Consulting, LLC. 7. The production of this report by Lloyd's Arboricultural Consulting, LLC is a complete product in accordance to the scope of work requested by the client. Any additional tasks, including reproduction of report, phone consultation, production of additional documents, arbitration, deposition,testimony,or any other related service shall be billed at the standard rates for such services as determined by the current Fee Schedule of Lloyd's Arboricultural Consulting, LLC, and will be the responsibility of the client. ROB LLOYD,CERTIFIED ARBORIST March 9,2011 f ' 12190 SW JAMES STREET—ARBORIST REPORT Page 7 of 7 Certification of Performance I, Rob Lloyd, Certify: • That I have personally inspected the tree(s)and/or the property referred to in this report,and have stated my findings accurately. The extent of the evaluation and scope of work is stated in the attached report; • That I have no current or prospective interest in the vegetation or the property that is the subject of this report,and I have no personal interest or bias with respect to the parties involved; • That the analysis,opinions and conclusions stated herein are my own unless otherwise noted,and are based on current scientific procedures and facts; • That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party,nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events; • That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices; • That no one provided significant professional assistance to the consultant, except as indicated within the report. I further certify that I am a member of the International Society of Arboriculture, and am a Certified Arborist and a Certified Tree Risk Assessor. Signed Dated 3/' /Z J/ rrvi p a.c_f Stck:fen/ieilf RECEIVED March 19`h 2011 MAR 2 3 2011 CITY OF TIGAFRD Impact Study PLANI+11 (ENGINEERING Property Address 12190 SW James St Tigard Or 97233 Legal Address Lot 8, WILLAMETTE, in the City of Tigard, County of Washington and State of Oregon Below is a quick summary of the impact this project will have on the public facilities and systems. For more details see the application materials. Transportation—The existing driveway will remain and one new driveway will be built. Drainage system—Enclosed in this application is the stormwater calcs. Stormwater will be treated on site. Water—One new water service will be installed. Sewer System—The existing house will be disconnected from the septic system, the fees will be paid, and new services will be installed. Garner Moody Applicant Lloyd Development LLC 503 329 5369 3torvii v'Ja± r Report TCC&Associates,Inc. Phone(503)277-8143 5821 SE 82nd Ave, Fax(503)262-8668 TCC ASSOCIATES Suite 111 Email:etawiah©TCCENGR.com Portland,OR 97226 Website:www.TCCENGR.corn - RECEIVED co MAR 2 3 2011 o_ CITY OF TIGARD I'LANNlW /ENGINEEIMING CII1IL ENGINEI31NG Stormwater Report 12190 SW James Street Partition Tigard, Oregon 97223 T2S R1W SEC 03CB Tax Lot 2100 ,.:,6(t OREGON 4r10.1 $� K.ZP� EXPIRES O4-30-10 Prepared By: Edmund Tawiah, PE March 14, 2011 Contents • Chapter 1: Background, Proposed Development, Existing Development • Chapter 2: Runoff and Water Quality Calculations Appendix • Site Plan 2 Ch ter Background This 0.46 Acre parcel is located at three houses west of the southwest corner of S.W. 121st Avenue and S.W. James Street. It is located in a residential neighborhood with partially developed lots. There is an existing house and a sheds on the site. The terrain slopes gently at an average of 3.0%downgrade to the northwest with a surface vegetation cover of blackberry bushes and dead shrubbery. The existing house at the frontage is unoccupied and will remain in place after the partition. Proposed Development The site is to be partitioned into two lots with a new single-family house on the new lot. The partition will create a flag lot where the proposed driveway will be located along the pole portion of the lot. Existing Drainage Facilities There are no existing public storm drainage facilities in this location. Neither are there any bodies of water such as streams in the vicinity of the site. The existing house's downspouts drain onto the ground. Proposed Stormwater Management Storm water from the roofs and impervious areas of the proposed building will be directed to the proposed planter strip around the building. The proposed driveway will have a 2% cross slope to shed runoff towards the proposed planter strip at the west property line. Water Quality This project proposes to pay fee in-lieu of water quality. The water quality flow = 0.02cfs and well below the treatment flow threshold. (See Calculations below). Hydrologic Areas Areas: Pervious Impervious Pre-Development 15,393 sf 4,607 sf(Exist House, Shed and Driveway) Post-Development 3180 sf 7,841.0 sf 3 Water Quality Volume: Water Quality Volume= 0.36 in X Area(sq ft)/ 12(in/ft) • Proposed Impervious Area= 7658 sf Water Quality Volume=0.36 inches X 7658 sf/12 = 229.74 Water Quality Volume=230 ft3 Water Quality Flow(cfs)=Water Quality Volume/14,400 sec =2,30 ft3/ 14.400 sec =0.0159=0.02 cfs HYDROGRAPH PROGRAMS 1 -S.C.S. TYPE-1A 2-7-DAY DESIGN STORM 3-STORM DATA FILE SPECIFY STORM OPTION: S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 25, 24, 3.9 ********************S.C.S. TYPE-1A DISTRIBUTION******************** ********* 25-YEAR 24-HOUR STORM **** 3.90"TOTAL PRECIP. ********* 4 ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 0.073, 78, 0.18, 98, 5 DATA PRINT-OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN 0.3 0.1 78.0 0.2 98.0 5.0 PEAK-Q(CFS) T-PEAK(HRS) VOL(CU-FT) 0.22 7.67 2873 5 OVDNEAD ELECTRIC SERVICE 3'METE LNDSCAPE ID BE ROUTED sNEEREROUNO I 3 I` EWER AREA FOR EXISTING AND AEA SEANCE I r NSTALL 4'UCANOy_pT (DT O11ER5) � -- l MAP=SCAR PER cos�ALIS/ CONSTRUCT It AIDE INSTALL 3/4'RAIDT NETER R kTigi u 018VEwAr.SEE lFt2a256 , PER CRY 510 DRAINING S2o SECTION OE7NL-1H4 SLEET 1 == P°ls� HL:. '► to���I z 13 CORP STOP PER NCITY 5TITUI CRANING 520 00 M§1/!;TAP EXISTING WATER /MEW MIRS 1 I COMEC7 lO EXISTING 8'SANITARY LIIE a_ ff,�, �1Y0py Mot PER CRS STD aUMVG 1/0.Ef2Sa.U4 IIIM• IE-414.74 q{ I1 - I 1 CONSTRUCT J7 MX CONCRETE CRYEMAY ';RC ill I PER BE 51D DRANS 141.ORNERAY — «� *.,._'- TO BE THE l.K.SHARED TYPE wTN No G.Re . MO 5E EIMLX. 0 1 O, SAMG.1 E1aS1NG ASPHALT TO NSTALL t t ..- _.,. I - 1 NEW CONCRETE ,c o ERMINE C O N C R E T E A 'd I 1 OTVEWAY TO MATCH ERRING GRACE AT SANWTL/E ., 2 V O mull 90 LF OF FENCE MITH SCREEN _� I SLATS TO SEPARATE GNI5EMAY FROM maim EMSTNG HOUSE LOT PARCEL 2 I OO FUNRE°LANIER AREA TO SERVE AS F W ,BAR. CATI3EEVT AREA FM WILING ROOF 15 i ROOF DRAIN. O 32.RECPROCAL ACCESS EASEMENT • I5)LMK.ENVELOPI OVER ONVEWAY. _ PARPARCEL ` 1 CH 1 CCISING Xa15E 3 -PLRT VON ASH TREE D 1 a TG REI+NV -Ifl (FRAXIIIllS ENSSrivANILA)! • 11111110. IIy� TYP.(SEE Of TAL-51EET I)Rl I • -- f'I I 1�1� 1 94 1 Q) 1 L__. ._J g RISING SEVERI I 1E G�Y`§ 0 i 1 -__- � Mit mla,m, Imo/ v I I 1111 1•lall 1 1I y11 NEAREST FIRE HTORANi 15 LOCATED APP000RIATELY I IE 1 400 FT AWAY AT THE.SO.THME51 COPIER OF SW 12157 1 AND SW JAMES sr I I 1 I 1 i • 1 1 . I ' I I g r 1 I I O I ,...0 wa I fwO� I Air L . O i7 i IWgo \\\ r rtaMn C.'fir"UmI I �N b>bt`. ,01X-M-mum. m,J r AONR.pG KA wine 1-so Eirg WIIMr —,_ R A 1 : i 0 illir _. LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 9/29/2011 FILE NO.: MINOR LAND PARTITION (MLP) 2011-00001 FILE TITLE: WILSON PARTITION APPLICANT & Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP.: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV i COMMENTS WERE SENT: JUNE 14,2011 COMMENTS ARE DUE: JUNE 28, 2011 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: JUNE 29, 2011 iniCOMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION i VICINITY MAP ❑ UTILITY PLANS ❑ SITE DISTANCE CERTIF. ® SITE PLAN ® SERVICE PROVIDER LTR. ® IMPACT STUDY ® NARRATIVE ® TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: John Floyd,Associate Planner (503.718.2429) I . r TIGARD City of Tigard May 23, 2011 Garner Moody Lloyd Development LLC PO Box 11560 Portland, OR 98211 RE: Minor Land Partition: 12190 SW James Street S2103CB02100 Case number MLP2011-00001 Dear Mr. Moody, The City has reviewed your March 23, 2011 application for a Minor Land Partition at 12190 SW James Street. Our review has found the application SUBSTANTIALLY COMPLETE. In order to deem your application sufficiently complete for a decision, the following items must be submitted: • Two (2) complete plan sets. • Two (2) sets of pre-stamped and pre-addressed envelopes for all property owners of record within 500 feet of the project site. Property owner list must be produced by Patty Lunsford in the Planning Department, 503-639-4171, ext. 2438. • One reduced size (8.5" by 11") set of reduced sized plans. • Submit 1 compact disc with all materials in a searchable format (PDF for example). Materials may be dropped of with or without an appointment. My direct number is 503- 718-2429, and my email is johnfl @tigard-or.gov should you have any questions. Regard , i Z / John Floyd Associate Planner 1 CC: File MLP2011-00001 Steve Wilson, Big Moose Development 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov FIL.Pt01 Land Use Application COMPLETENESS REVIEW C ESS N REV W REQUEST TIGARD TO: Todd Prager RETURN TO: John Floyd DATE SENT: May 16, 2011 DATE DUE: May 23,2010 PROJECT NAME: Wilson MLP CASE NUMBER: MLP2011-00001 PROJECT ADDRESS: 12190 SW James Street PROJECT DESCRIPTION: Minor Land Partition to create a flag lot. Complete? 0/es ❑ No Comments below or ❑ See Attached is\curpin\masters\completeness review request.docx PUBLIC FACILITY PLAN Project: MLP2011-00001 Wilson MLP COMPLETENESS CHECKLIST Date: May 23, 2011 GRADING ❑ Existing and proposed contours shown. _ ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ® Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ® Other: Street improvements and site access SANITARY SEWER ISSUES ® Existing/proposed lines shown. The existing house needs to be connected to sewer as part of the MLP. If the new house on the proposed 2"d lot is not going to be constructed immediately, the sewer lateral to that house needs to be installed to the new ROW line as part of the partition requirements.There will be two sewer connection permit fees, one for the existing and one for the new house. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? REVISED: 05/23/11 a ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE By: Q P. Date: May 23, 2011 REVISE: 05/23/11 r III TIGARD April 22, 2011 City of Tigard Garner Moody Lloyd Development LLC PO Box 11560 Portland, OR 98211 RE: Minor Land Partition: 12190 SW James Street S2103CB02100 Case number MLP2011-00001 Dear Mr. Moody, The City has reviewed your March 23, 2011 application for a Minor Land Partition at 12190 SW James Street. Our review has found the application INCOMPLETE. In order to deem your application sufficiently complete for a decision, three (3) copies of the following items must be submitted: 1. Please provide additional details regarding the required screening between the proposed rear lot access driveway and the existing property to the west. Screening options are detailed in Sections 18.745.050.B.5-9 of the Tigard Development Code. Please note the following: a. Because you are proposing an access easement for the rear lot, screening is only required on the west side of the access driveway for the rear lot. b. The chain-link fence proposed on the east side of the driveway (Note 2 on Sheet 3) is not required, and may not conform to regulations governing fence height and location. Please note that fences cannot exceed three (3) feet in height within the required front yard setback (18.745.050.C). 2. A revised grading/tree protection plan demonstrating the following revisions: a. The grading/tree plan should clearly indicate the trees to be preserved/removed, and the location of the tree protection fencing to scale per the project arborist's recommendations. b. The protection standards on page 3 of the arborist report should be included on the grading/tree protection plan. c. The grading/tree protection plan should include a signature of approval from the project arborist indicating consistency with the 3-23-2011 arborist report. 3. Please refer to attached comments from Development Engineering, titled "Public Facility Plan Checklist" and dated April 21, 2011. Missing items and associated notes are contained therein. We recommend you refer to the pre-application notes for guidance on these matters. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • Please note that City staff are always available to answer any questions you may have. My direct number is 503-718-2429, and my email is johnfl @tigard-or.gov. Sincerely, ..i_z_e___.----'-"-- John Floyd Associate Planner Attachment: Public Facility Plan Checklist CC: File MLP2011-00001 Steve Wilson, Big Moose Development PUBLIC FACILITY PLAN Project: MLP2011-00001 Wilson MLP COMPLETENESS CHECKLIST Date: April 21, 2011 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. Additional right-of-way dedication shown in drawing but not discussed in narrative. Narrative needs to include this additional right-of-way statement. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ® Street/ROW widths dimensioned and appropriate? Shown on plan, but not stated in narrative. ❑ Private Streets? Less than 6 lots and width appropriate? ® Other: Street improvements and site access 1. Plans are clear. However, the narrative is sparse and does not address the standards of 18-810 as presented in the pre-application notes. 2. Joint access driveway is shown on plans, but not expressedly discussed in the narrative. 3. Fee-in-lieu of undergrounding of utilities along the frontage needs to be paid. This is not discussed in the narrative. 4. Undergrounding of electric service to each lot is shown in the drawing, but not discussed in the narrative. SANITARY SEWER ISSUES ® Existing/proposed lines shown. 1. Plans show sanitary sewer connection, but again discussion in the narrative needs to elaborate on sanitary sewer connections. 2. Reimbursement fee for the existing lot needs to be paid. This lot was extended sewer service as part of Sanitary Sewer Reimbursement District No. 30, finalized on March 8, 2005. This should be included in the narrative. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/sizes noted? REVISED: 04/21/11 ❑ Existing/proposed fire hydrants shown? ® Proposed meter location and size shown? New water service and new meter shown on plan. Discussion on the narrative needs to be more elaborate and specific. ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? Drainage disposal for existing house not discussed in narrative, or shown in plans. ❑ Preliminary sizing calcs for water quality/detention provided? ® Water quality/detention facility shown on plans? Evidence needs to be shown that the percolation rates in the area can support the proposed planters for water quality treatment and on site disposal. Otherwise, fee-in-lieu for water quality and detention need to be paid. ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE By: • ��- --- Date: April 21, 2011 REVISED: 04/21/11 PUBLIC FACILITY PLAN Project: MLP2011-00001 Wilson MLP COMPLETENESS CHECKLIST Date: April 21, 2011 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ® Right-of-way clearly shown. Additional right-of-way dedication shown in drawing but not discussed in narrative. Narrative needs to include this additional right-of-way statement. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ® Street/ROW widths dimensioned and appropriate? Shown on plan, but not stated in narrative. ❑ Private Streets? Less than 6 lots and width appropriate? ® Other: Street improvements and site access 1. Plans are clear. However, the narrative is sparse and does not address the standards of 18-810 as presented in the pre-application notes. 2. Joint access driveway is shown on plans, but not expressedly discussed in the narrative. 3. Fee-in-lieu of undergrounding of utilities along the frontage needs to be paid. This is not discussed in the narrative. 4. Undergrounding of electric service to each lot is shown in the drawing, but not discussed in the narrative. SANITARY SEWER ISSUES ® Existing/proposed lines shown. 1. Plans show sanitary sewer connection, but again discussion in the narrative needs to elaborate on sanitary sewer connections. 2. Reimbursement fee for the existing lot needs to be paid. This lot was extended sewer service as part of Sanitary Sewer Reimbursement District No. 30, finalized on March 8, 2005. This should be included in the narrative. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? REVISED: 06/14/11 ❑ Existing/proposed fire hydrants shown? ® Proposed meter location and size shown? New water service and new meter shown on plan. Discussion on the narrative needs to be more elaborate and specific. ❑ Proposed fire protection system shown? _ STORM DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? Drainage disposal for existing house not discussed in narrative, or shown in plans. ❑ Preliminary sizing calcs for water quality/detention provided? ® Water quality/detention facility shown on plans? Evidence needs to be shown that the percolation rates in the area can support the proposed planters for water quality treatment and on site disposal. Otherwise, fee-in-lieu for water quality and detention need to be paid. ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE By: Date: April 21, 2011 REVISED: 06/14/11 [11 _101 Land Use Application COMPLETENESS REVIEW REQUEST TIGARD TO: Todd Prager RETURN TO: John Floyd DATE SENT: March 28, 2011 DATE DUE: April 11,2010 PROJECT NAME: Wilson MLP CASE NUMBER: MLP2011-00001 PROJECT ADDRESS: 12190 SW James Street PROJECT DESCRIPTION: Minor Land Partition to create a flag lot. Complete? ❑ Yes ® No Comments below or 1171 Sec Attached is\curpin\masters\completeness review request.docx w Wilson MLP Completeness Item Met Not Met N/A Comments 18.745.040: X Street Trees 18.790.030: X -No mitigation is required. Tree Plan -The grading/tree protection plan should Requirement clearly indicate the trees to be preserved/removed and the location of the tree protection fencing to scale per the project arborist's recommendations. The protection standards on page 3 of the arborist report should be included on the grading/tree protection plan. The grading/tree protection plan should include a signature of approval from the project arborist indicating consistency with the 3-23-2011 arborist report. 1 8.790.050: X Permit Applicability Todd Prager Associate Planner/Arborist April 11, 2011 PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are Valid for Six (6)Months) TIGARD PRE-APP.MTG.DATE: fib 4,241( ti STAFF AT PRE-APP.: MH F, 614, Ali mt• �, rt RESIDENTIAL APPLICANT: Garner Moody AGENT: same Phone: (503) 329-5369 Phone: ( ) - PROPERTY LOCATION: ADDRESS/GENERAL,LOCATION: 12190 SW James Street TAX MAP(S)/LOT#(S): 2S103CB02100 NECESSARY APPLICATIONS: Minor Land Partition PROPOSAL DESCRIPTION: Divide a property into two tax lots, New lot is flag lot with 20' access easement. Both lots will comply with R4.5 zone as to area minimum. Existing accessory building will be demolished. COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential ZONING MAP DESIGNATION: R4.5 ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.510.2 Table) MINIMUM LOT SIZE: 7,500 sq. ft. Average Min.lot width: 50 ft. Max. building height: 25/30 ft. Setbacks: Front: 20 ft. Side: 5 ft. Rear: 15 ft. Corner: 20 ft. from street. MAXIMUM SI Iii COVERAGE:=%. Minimum landscaped or natural vegetation area:_%. GARAGES: 20 ft. ® NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INI'ERES I'ED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. E NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residential Application/Planning Division Section • t El IMPACT STUDY (Refer to Code Sections 18.390.040 and 18390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system,including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the condusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ® ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: one. Minimum access width: 15 ft. Minimum pavement width: 10. El WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments,each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA,COMMON OPEN SPACE AND RECREATION FACILITIES. ❑ RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715)-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including. • Land within the 100-year floodplain; • Slopes exceeding 25%; • Drainageways;and • Wetlands for the R-1,R-2,R-3.5,R-4.5 and R-7 zoning districts. Public right-of-way dedication: • Single-family allocate 20%of gross acres for public facilities;or • Multi-family allocate 15%of gross acres for public facilities;or • If available,the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSI"1"Y CALCULATIONS: (USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS) Single Family Multi-Family 43,560 sq. ft.of gross site area 43,560 sq.ft.of gross site area 8.712 sq.ft. (20%)for public right-of-way 6.534 sq.ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet ♦ 3,050(minimum lot area) ♦ 3,050(minimum lot area) - 11.4 Units Per Acre = 12.1 Units Per Acre Note: The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. Note: Minimum Project Density is 80%of the maximum allowed density. TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section Z SPECIAL SETBACKS (Refer to Code Section 18.730) • STREETS: feet from the centerline of • 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. (Note: See applicable zoning district for the primary structures'setback requirements.) ® FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet,whichever is less in most zones;21/2 stories,or 35 feet in R-7, R-12,R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ® BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments,especially between different land uses,the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the 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: both sides of the driveway (TMC 18.420.050.A.4.f. ® LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) 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 (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a dear 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 Application/Planning Division Section Z PARKING (Refer to Code Chapters 18.765&18.705) ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. • Single-family Requires: One (1) off-street parking space per dwelling unit;and One(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 appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parEng spaces to be provided,as well as the parking stall dimensions, is 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 18.765) 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 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS,WETLAND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT,OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries. is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.070.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ® CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) 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. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: (See Table 3.1 on following page) CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA' CORRIDOR PER SIDE2 • Streams with intermittent flow draining: <25% 10 to<50 acres 15 feet I >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 ponds • Streams with intermittent flow draining: >25% I 10 to<50 acres 30 feet I >50 to<100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- ♦ Rivers,streams,and springs with year-round flow foot increments from the starting point to • Streams with intermittent flow draining>100 acres the top of ravine(break in<25%slope), • Natural lakes and ponds 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. 2Vegetated 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 Vegetate 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 Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCFT S 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 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. ® TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, arcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential Application/Planning Division Section THE,TREE PLAN SHALL...CLUDE the following '• Identification of the location,size,species,and condition of all existing trees greater than 6-inch caliper. • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the s tree e 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. 7] MITIGATION (Refer to Code Section 18.790.060.E.) 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 18.795) 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 dear vision areas on the site plan,and identify any obstructions in these areas. ❑ FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.) A FUTURE STREET PLAN shall: • Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. • Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land,streets shall be extended to the boundary lines of the tract to be developed. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section 11 ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH,unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. n BLOCKS (Refer to Code Section 18.810.090) 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. CODE CHAPTERS n 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.760(Nonconforming Situations) n 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional Center) ® 18.765(Off-Street Parking/Loading Requirements) ❑ 18.350(Planned Development) n 18.640(Durham Quarry Design Standards) ❑ 18.775(Sensitive Lands Review) n 18.360(Site Development Review) ® 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) n18.370(Variances/Adjustments) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) n 18.380(Zoning Map/Text Amendments) ❑ 18.715(Density Computations) ® 18.790(Tree Removal) 18.385(Miscellaneous Permits) n 18.720(Design Compatibility Standards) ® 18.795(Visual Clearance Areas) • 18.390(Decision Making Procedures/Impact Study) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) n 18.410(Lot Line Adjustments) ® 18.730(Exceptions To Development Standards) ® 18.810(Street&Utility Improvement Standards) ® 18.420(Land Partitions) ❑ 18.740(Historic overlay) ❑ 18.430(Subdivisions) n 18.742(Home Occupation Permits) ® 18.510(Residential Zoning Districts) ® 18.745(Landscaping&Screening Standards) ❑ 18.520(Commercial Zoning Districts) n 18.750(Manufactured/Mobil Home Regulations) n 18.530(Industrial Zoning Distracts) n 18.755(Mixed Solid Waste/Recycling Storage) ADDITIONAL CONCERNS OR COMMENTS: Rear yard of parcel #1 must be 15 feet minimum (adjust lot dimensions?) Provide Storm Water calculations and plans Note screening requirement for new driveway All utilities to be underground Tree plan required - Tree mitigation? Building height is 25 ft or per TDC18.730.020.C.2 CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section PROCEDURE X Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One.81/2" x 11" map of a proposed project shall also be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Hearings Officer. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. 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. SUBDIVISION PLAT NAME RESERVATION (Washington County Surveyor's Office: 503-648-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyors Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings,it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. 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: Darrel"Hap"Watkins.Assistant Planner CITY OF TIGARD PLANNING DIVISION PHONE: 503-639-4171 FAX: 503-718-2748 DIRECT: 503-718-2440 EMAIL: hap @tigard-or.gov TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard-or.gov H:\patty\masters\Pre-App Notes Residential.doc Updated: 27-Feb-08 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section • John Floyd From: etawiah @tccengr.com Sent: Tuesday, February 01, 2011 1:13 PM To: John Floyd Cc: Albert Shields; Gus Duenas; Garner Moody; bigmoosedevelopment @gmail.com Subject: RE: 12190 SW James Street John, TCC ASSOCIATES Here are the email addresses of Garner Moody and Steve Wilson respectively: (5 _ W garnermoody @yahoo.com Z _ ! —. bigmoosedevelopment @gmail.com ' Q Z They've both been copied on this mail. W CO . H Sincerely, Z = - Edmund Tawiah, PE i _1 _ ' _ = cc TCC & Associates Inc 5821 SE 82nd Ave, Suite 111 '�' Portland, Oregon 97266 CML ENGINEER IG Phone (503) 277-8143 Fax (503) 262-8668 }e.,;igf1if.g Tt2(' rut u. <" Disclaimer: The information contained within this e-mail is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken in response to this e-mail is prohibited and may be unlawful. Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed Original Message Subject: 12190 SW James Street From: John Floyd <Johnfl @tigard-or.gov> Date: Tue, February 01, 2011 11:06 am To: "etawiah @tccengr.com" <etawiah @tccengr.com> Cc: Albert Shields <abert@tigard-or.gov>, Gus Duenas <Gus @tigard-or.gov> Hello Edmund, I wanted to follow up on our pre- application meeting regarding 12190 SW James Street. Unfortunately I don't have your colleague's email addresses, as such I would appreciate it if you could forward my notes to them. 1 SCREENING: In the case of an easement, screening will only be required on the west side of the shared driveway (one side instead of both as previously indicated in the notes). The insertion of slats into the existing fence will be sufficient. PROCESSING TIME: Assuming a complete application, processing time will be approximately 5-6 weeks. While a staff decision, this project will still require staff review and public noticing. TREES: I recommend you speak to our staff arborist, Todd Prager about the tree planting and plan requirements. His number is 503-718-2700. Regards. John Floyd APlease consider the environment before printing this email. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 • PRE-APPLICATION CONFERENCE NOTES � ➢ ENGINEERING SECTION Q TIGARD City of Mara Oregon Community Devetopment Shaping (Better Community PUBLIC FACILITIES Tax Maptsl: 2S103CB02100 Garner Moody Tax Lolls): 2100 Use Type: Residential The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: SW James Street to 27 feet from centerline of right-of-way (an additional 2 feet needed to expand the existing ROW). SW to from centerline of right-of-way SW to feet SW to feet Street improvements: Partial street improvements will be necessary along SW James Street , to include: feet of pavement 1 1 concrete curb 1 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 TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section N Other: Provide : access driveway to serve both I Joint access easements will be necessary to ensure access rights to both. Maximum 30-foot wide throat at the driveway. Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: 71 Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, if approved by the City Engineer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. 1. There are overhead utilities along the frontage of James Street. However, it is not practical to require undergrounding of the utilities, so the fee-in-lieu shall be paid. 2. Utility service to both lots must be undergrounded. Sanitary Sewers: 1. Sanitary sewer is required to serve the proposed lots. Sewer laterals need to be extended to the property line for each of the lots. 2. This lot is in Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. If the existing house is not currently connected to City sewer, the connection must now be made and a separate lateral provided for the 2nd lot. Because the incentive program is applicable for only three years after sewer becomes available, the full amount is due and payable plus any interest accrued since that date. Pay the sewer reimbursement fee due in accordance with the district final costs, plus any interest due. Water Supply: 1. Each of the lots must be provided with water service as part of this MLP. Submit a plan showing how that water service is to be provided to each lot. Laterals need to be installed to new ROW line. 2. Contact Tigard Public Works Department to coordinate water line plans and service. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact No. (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. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section Coordinate with TVF&R on .?quacy of fire protection for eact the two lots. Any fire protection requirements must be addressed on the water line installation plans. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. 1. Provide a storm drainage plan to address drainage from each lot and along James Street. Storm drainage must be connected to a public drainage system. Show how that connection occurs on the plans. 2. Pay a fee-in-lieu for storm water detention. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in- lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility may be required depending upon details of the proposed site plan. 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. TRANSPORTATION DEVELOPMENT TAX In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single- family home. No TDT will be due until development occurs. CITY OF TIGARO Pre-Application Conference Notes Page 3 of 6 Engineering Department Section .PERMITS . Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from Development Engineering. A PFI permit application is available at the Planning/Engineering counter in 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 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: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. A PFI permit is required for utility installations and for the driveway approach. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section Other Permits. here are other special permits, 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 lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: Q P �`-u c-__ V24-/200 Deve oWment Engineer DATE Phone: (5031718-2410 Fax: [5031718-2148 templatel Revised: March 4,2010 CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section RECEIVED JAN 1 8 Z011 III City of Tigard ;1TV n� i CARD • y g -,-, r , „" Pre-Application Conference Request NEERtNG GENERAL INFORMATION FOR STAFF USE ONLY Applicant: 6/gRtiei' / 4DOJ I CaseNo.: ,R.E ZA( I - OoVo5 Address: Pa Bo K (156 a Phone: S03-3 9-C369 Receipt No.: J ' 113 y City: Po R+1 All d 1_T d Zip: - I` Application Accepte By: go? ti Date: III t i t Contact Person: Phone: DATE OF PRE-APP.: 21. ! if C I ve r , i'1 iS TIME OF PRE-APP.: IC' 00 Property Owner/Deed Holder(s): 7 W A'V PRE-APP.HELD WITH: UU/ � Z(//if R.l M o JSe NQVQ(op, / T a3 Sad 6 Rev.rpin\ �" S �I,�_I eSi`^ p� (�(� is\curpin\masters\land use applicarions\Pre-App Request App.doc Addres�1s(n� 1�r.>(! (Al W - on� ! Il Phone: (,� v 1 City: YO(2,�{A/11 Zip: /�6S ` gSo�c6o�►00 Property Address/Location(s): 1 O� 1 q 0 S(Al SAMP S c+ 13N 2 OR G7a.3 3 REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted R , without the required submittal elements) Tax Map&Tax Lot#(s): La f d r v I(�vrie-f--P L✓J/ Pre Application Conf. Request Form 6 COPIES EACH OF THE FOLLOWING: Zoning: R 9.- [r Brief Description of the Proposal and any site-specific questions/issues that you would Site Size: .a.0 000 OOD like to have staff research prior to the meeting. PRE-APPLICATION CONFERENCE INFORMATION Er Site Plan. The site plan must show the proposed lots and/or building layouts drawn All of the information identified on this form are required to be submitted by to scale. Also show the location of the the applicant and received by the Planning Division a minimum of one(1)week subject property in relation to the nearest prior to officially scheduling a pre-application conference date/time to allow streets; and the locations of driveways on the staff ample time to prepare for the meeting. subject property and across the street. A pre-application conference can usually be scheduled within 1-2 weeks of the Er Vicinity Map. Planning Division's receipt of the request for either Tuesday or Thursday F The Proposed Uses. mornings. Pre-application conferences are one (1) hour long and are typically `�"'/ held between the hours of 9:00-11:00 AM. Topographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN Er7Filing Fee$599.00 PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM 8:00-4:00/MONDAY-FRIDAY. IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of I 11111 CITY OF TIGARD RECEIPT a 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 181134 - 01/18/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE2011-00005 Pre-Application Conference 1003100-43116 $522.00 PRE2011-00005 Pre-Application Conference-LRP 1003100-43117 $77.00 Total: $599.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5029 KPEERMAN 01/18/2011 $599.00 Payor: Big Moose Development Inc Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 January 14, 2011 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 I authorize Garner Moody from Lloyd Development LLC to act as my agent and applicant for the property located at 12190 SW James St Tigard OR 97233. He will represent me for the Pre-Application conference and be the primary contact for the Land Partition. 4.i. ( . Steve Wilson Big Moose Development 9450 SW Jamieson Rd Beaverton, OR 97005 503 522 0426 January 14, 2011 Description of the Proposal Property Address 12190 SW James St Tigard Or 97233 Legal Address Lot 8, WILLAMETTE, in the City of Tigard, County of Washington and State of Oregon. We are proposing to divide the property into two tax lots with a 20 ft easement to serve the newly created flag lot. Enclosed in this application is a topo prepared by a licensed land surveyor. There is also an existing conditions site plan and a preliminary site plan prepared by a licensed civil engineer in the state of Oregon. Currently,the lot is 100 ft wide by 200 ft deep. After the partition, Parcel 1, will be 100 ft wide by 90 feet deep. Parcel 2,the newly created flag lot, will be 100 feet wide by 110 feet deep. A single, detached unit will be constructed on Parcel 2 and the existing single, detached unit will remain on Parcel 1. We look forward to discussing the requirements of the Land Partition at the Pre- Application Conference. Garner Moody Applicant Lloyd Development LLC 503 329 5369 ff4-. . Steve Wilson Owner Big Moose Development LLC 503 522 0426 .r Intel 1" S'7v'ADW31l adl>S KXLk3'07`7MI )G yymm 3'1Y3S J1R4YN0 :">LArC�C1 -.- ��x�t(t SQQQ5�Y r`� 1 XTnp r I s $ I 1 F, I z ~ 1 Yr,.LN.4.0 1 Cf�L 1 1 Y,_�I r1r ,nn 6h wad M 3Nf1 YMOtl Oru6u) --� -- --�--�— I I ]•QHtI 01111 3 1 1 liii tli > 3114.5013 I �/A� I I _ I / I � irar¢+re IT'�r 9wtrl I �/1 I : W °liM i;'7 I 1..,,,t anurrs Yrutal I C I MINIM alt♦11,144Vl'1W51*1 L gl 1 Q gg 1 ', aNaogi 1 3 I9 ,IZ I j I I wa sw•o I 1 t r 1 c'A 1 I I I N r 1 .7'i_ 9 I I 1 anti I A y gWg.94 1 n 1 1 1(1 11:11\1 1 ..N.NNN PRELIMINARY SITE PLAN �.„,, LOT 8, "WILLAMETTE", SITUATED IN THE SOUTHWEST 1/4 OF SECTION 3. T.25., R.1W., W.M., IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON — DATE: DECEMBER 23, 2010 S S S S S S S S - S S.W. JAMES STREET \ (50.00' WIDE) I — G G G G\ G 7"-- G -T— G I G G G G S89'50'00"E 100.00' 20.00' I 80.00' IF 1 LL LLJ ' Z O 0 L,J o I Do o . 1 o °' 12220 SW JAMES ST. f-- 0) 12190 SW JAMES ST. O Z O 12170 SW JAMES ST. I LU 0 0 m O ' 0) a PARCEL 1 LI-) o 8,999 SF NOTES: LOT 5, ./:)) "WILLAMETTE" / ZONE IS R4.5 19.998 SF 0 U O U N O Q O o N N SURFACE DRAINAGE AND OTHER UTILMES 1 TO BE LOCATED AT THE TIME OF % BUILDING PERMITS. S89'50'00"E 100.00 DOWNSPOUTS ON EXISTING HOUSE WILL ____ZW E W .. GO TO SPLASH BLOCKS. IO p THIS MAP IS PRELIMINARY IN in NATURE. AND DOES NOT REFLECT S ro ANY "ON THE GROUND" SURVEY SCALE b o OF THE PROPERTY OR ENVIRONS: 1"=30' 1 Z (n Ems UTILITIES SHOWN ARE SCALED FROM MAPPING PROVIDED BY INDIVIDUAL 0 20 30 PARCEL 2 O PROVIDERS OTHER UTIUTIES MAY EXIST, 0 AND EXACT POSITIONS MUST BE REGISTERED 1 0'999 SF O LOCATED PRIOR TO ANY WORK. PROFESSIONAL DIMENSIONS AND AREAS MAY VARY LAIOD S_ '"V 7 R SLIGHTLY UPON FINAL BOUNDARY ' RESOLUTION �lI BUILDING AND FEATURE LOCATIONS ARE OR ON SCALED FROM PUBLICLY AVAILABLE J• 5, 1990 AERIAL PHOTOGRAPHY ONLY. JOE H. FERGUSON CONTOUR INTERVAL IS 1.00', SCALED 2445 / FROM WASHINGTON COUNTY INTERMAP RENEWAL DATE 12/31/11 N89'50'00"W 100.00' 10' CONTOURS. \ \ 1 1 \ 1 LOT 31, LOT 30, "WILLAMETTE PLAT 2" "WILLAMETTE PLAT 2" 15,950 SF ,2_, 15,950 SF \ \ \ \ o \ \ \ CLIENT: STEVE WILSON Ferguson Land Surveying, Inc. SHEET NO. 1 OF 1 646 SE 106TH AVENUE, PORTLAND, OR 97216 JOB NO. 10-117 Phone (503) 408-0601 Fax (503) 408-0602 DRAFTED 12/23/2010 js r 4� r I I S" SK I1 WF.g, 1 N I I PROPOSED 14 WIDE - 1 I a$id AC DRIVEWAY 1 ' Wig° I Sd; I I I I °POSED WATER SERVICE I `�_ _ _ _ w N00'36'1• _200.... _____ ____ _ PROPSED SEWER SERVICE _�\ `',A` `` ^,-. _ ' \ ` _ ,`f�, *0120'ACCESS EASEMENT TO BENEFIT PARCEL 2 Q i_ r %i \ C__. 611. .. 74 1i 144 PROPOSESEWER SCA (.E I I I Vi l ''_II SS \ r O \ \ �: SOU'76bG"& ._.5°.00' q 1 \ \\ T7 r -- 1 \ l I I I ' z 4 '113 \ 1 1 m�mc MO. Ild... '��► I 1 �. '? 1S' NI XIST 16'MDE I8 1\ \\ gl EXIST I4' M 10 I \ W I \ �. 1 EXISTING SEWER I SERVILE I V \ I I 71' 8: LEGEND • _ N t s1 PARCEL 1 I �- Ma Ir -----_le I\ t ,f III 1 v��in IO � O O O '-• O O I I (n5*xG vwE+Iw -__ �A --nD.od- soo•36'00-w zoo.00' 9o.ar I y, I 1 1I DEO.us urt k `t[ I • _r+mmro WARR a 11. .M tai. 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Y. JAMES STREET• .. r• .. _.y• •g- .1f•"i+: :' .• r• ... - ' S--it- !-*r•SA I r,:-$ ..•-r .$• •Sfs+ �.••.• ,' . •... .., • •f. • . ..• .;: .'t. .v• ••. ..:�.• 7 .• ••• '! • - . G ,.. 4• : ..�'. G G -^ .. .. G -G -° G -G -G - [• mow .S /, 5 ' :.:;...:,...t .�••a 7 ..- - =••• Is. B)SCALE '• .r,. ..w..• .6' :C}: � . , :9E. .1.0* 1` a ': t y e 0 20 NOTES: ZONE IS R4.5 .:�, •,+�":' - • i` UTILITIES, BUILDING AND FEATURE • • ' ...,t:•••4. .,I ,1 LOCATIONS SHOWN ARE BY FIELD .'I..',..'.S.:+; ; .•'`' • 1 SURVEY, OTHER UTILITIES MAY EXIST. •y •: .,, PARCEL 1 AND EXACT POSITIONS MUST BE :'�� .0 HOUSE g •LOCATED PRIOR TO ANY WORK. 'A. - ••:9I 12190 8,999 SF c I N DIMENSIONS AND AREAS MAY VARY • 7*�) N SLIGHTLY UPON FINAL BOUNDARY k RESOLUTION n ' �'�� N SYMBOLS CONTOUR INTERVAL IS 1.00'. VERTICAL •• F TAC1 r • - FOUND MONUMENT DATUM BASED ON CITY OF TIGARD $ • 0 g , '� -e- = POWER POLE BRASS DISK X263 WITH ELEVATION OF' E !-,-ETNNING WALL Ow= WATER METER 241.91 FEET. N •I,0': t DV - VERIZON BOX BEARINGS AND LOT DIMENSIONS ARE ' - • SS-9'50'00"E 100.00' k° DEL- ELECTRIC METER NW- WATER VALVE PER PLAT � T 5755 WASHINGTON COUNTY NV - GAS VALVE PUBLIC RECORD. 8 '°1 GARAGE - MANHOLE .^y 0 - FIRE HYDRANT PARCEL 2 IS —w—- WATER UNE 'ETNNING WALL 11,024 SF o —E—- ELECTRIC UNE REGISTERED 41111 o - —S—- SAN. SEWER PROFESSIO TAG17 I —G—GAS UNE UV S p7 O D W - DRIVfWAY C`�pj:� •N ' I \ 21 S W = SIDEWALK Jv` • JULY 25, 1990 I JOE H. FERGUSON I lir ;.'► `*TI S • ?- DECIDUOUS 2445 AG i�1� �r 1 `-\� RENEWAL DATE 12/31/11 O �" I CERTIFY THAT THIS MAP WAS PREPARED ` �� - CONIFIR USING HP PRODUCT/516401 ON 1410-1821 FILM Jt I I • TAG13 RECEIVED ROAD PROFILE j ETNNING WALL 1"=40' HORIZ PROJECT SITE S89'50'00"E 100.00' MAR 2 3 4011 N f .- HD Lo VD C„ V' d- CITY OF TIGARD N N N N N N N, N N N N N N 10 PL>�Nh!11t a/ENGI;VEEmIPIC N N JOB NO. 10-117 DATE: FEBRUARY 28, 2011 CLIENT: SITE PLAN DRAFTED 02.28,11 BIG MOOSE DEVELOPMENT. INC. Ferguson Land Surveying, Inc. REvsED 12190 SW JAMES ST. LOT 8. 'WILLAMETTE'. 646 SE 106TH AVE. PORTLAND, OR 97216 TIGARD. OREGON SITUATED IN THE SOUTHWEST 1/4 OF SECTION 3,T.2S., R.1W., W.M., SHEET 1 OF 1 RE REVISED IN THE CITY OF TIGARD, WASHINGTON COUNTY. OREGON Phone (503) 408-0601 Fax (503) 408-0602 DATE: FEBRUARY 24, 2011 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING 1111 • LAND USE APPLICATION ■ MINOR LAND PARTITION DATE OF NOTICE: June 14, 2011 FILE NO.: MINOR LAND PARTITION (MLP) 2011-00001 FILE TITLE: WILSON PARTITION APPLICANT & Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP.: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 REQUEST: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 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 JUNE 28, 2011. All comments should be directed to John Floyd. Associate Planner (503.718.2429) in the Planning Division at the City 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 Johnfla,tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 29, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI I"IEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. FAILURE OF ANY PARTY TO ADDRESS THE RELEVANT APPROVAL CRI I'ERIA WITH SUFFICIENT SPECIFICITY MAY PRECLUDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR CIRCUIT COURT ON THAT ISSUE. SPECIFIC FINDINGS DIRECTED AT THE RELEVANT APPROVAL CRITERIA ARE WHAT CONSTITUTE RELEVANT EVIDENCE. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMIIIED WRI1'1'EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site;all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: 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 Community Development Department. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." --(ilmo _ I \ ii J`II I( w VICINITY MAP 0____ l ■ - -;r; WILSON PARTITION 11►� 5 rte■ 111111 ' A I +f r At a 5,,,, + lit 1 ` 1 ' LL b Subject Site 4111111 -- I 1 J .. r { Ms; Pa t' vo. r:�;Ai r j � ;,SC ivIlm rI rcrl,e;ru}t 1 I,r > . (:H .,'''. IMIIIII , i • 44 I inn agn—°"' 'ii r is �400 4 si■ ` # ♦♦ tiffr gi r at 'PIII TIGARD City of Tigard June 28, 2011 Mr. Garner Moody PO Box 11560 Portland, OR 97211 Mr. Steve Wilson Big Moose Development 9450 SW Jamieson Rd Beaverton, OR 97005 Re: Meeting of June 23, 2011 Minor Land Partition (MLP) 2011-00001 Mr. Moody and Mr. Wilson, This letter is intended to summarize the results of our June 23rd meeting regarding your Minor Land partition. For your records, city representatives at the meeting included Community Development Director Ron Bunch, Development Engineer Gus Duenas, Senior Engineering Technician Mike White and me. We indicated that a land use decision can be issued on June 28, 2011. However, timing of the city's approval of the plat is dependent on the quality of the survey. Associated with review of the preliminary plat are the Public Facility Improvement (PFI) permit requirements. There are fees associated with the PFI and the city's review of the preliminary plat. Please talk to Mike White to determine these fees. Mike can confirm with you again the number of plat copies and their size. Also Washington County has its own schedule regarding review and recording of the plat. We have no control over how long it may take. As agreed upon at the end of the meeting, conditions of approval will be modified in both sequencing and content to reflect what was agreed to. Changes include the addition of fee- in-lieu payments for the undergrounding of utility lines within the public right-of-way, the requirement of an approved surety for bonding of required improvements within the public right of way, and payment of the sewer reimbursement fee and sewer connection fee prior to approval of the final plat. It was understood that the sewer reimbursement fee applies to the subject lot of record. The Clean Water Services (CWS) Connection Fee and city plumbing fee are applicable to both the existing residence and the proposed new dwelling. However, you need to obtain a 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov plumbing permit for connection of the existing house prior to final plat. Acquiring the plumbing permit and payment of the reimbursement fee prior to plat approval will allow you to coordinate that connection with that of the proposed new dwelling. The proposed new dwelling will receive approval for sewer hookups under the building permit approval process. A copy of the revised findings and conditions of approval is attached for your review; conditions of approval begin on page 8 As also discussed, you can submit applications for building and site work permits prior to recording of the final plat. Issuance of these permits will occur when conditions of land use approval are satisfied. If you have any additional questions, please do not hesitate to contact me or members of the Development Engineering team. Regards, /John Floyd Associate Planner Enclosure MEMORANDUM CITY OF TIGARD, OREGON DATE: June 23, 2011 TO: John Floyd,Associate Planner FROM: Gus Duenas, Development Engineer RE: MLP2011-00001 Wilson Partition Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The driveway is on a tangent section and is not close to any street intersections. Onsite review and observation verify that the proposed driveway location meets the sight distance requirements. No need for a formal sight distance certification. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This propery is not located on a collector or arterial street;therefore the standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum 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 property is not located on a collector or arterial and the project does not involve construction of a local street. Therefore, this standard does not apply. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a 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 is located along SW James Street, which is a local street. The street right-of-way width is 50 feet. The applicant needs to dedicate an additional 2 feet along the frontage to provide 27 feet from centerline of right-of-way in compliance with local street standards. There are no curbs or sidewalks along James Street. No street improvements are required with this MLP. However, a joint access driveway to serve both lots will be constructed along the street. A Joint access easement and maintenance agreement will be necessary to ensure access rights to both lots and to provide for future maintenance of the driveway within the easement. The applicant proposes a 20 foot wide easement on the west side of the property to serve the new lot. There will be a joint access driveway along the western edge of the property. The applicant proposes a 32 foot concrete driveway. A maximum of 30 feet is allowed on the approach within the public right-of- way. The approach within the right-of-way must be asphaltic concrete. The new driveway needs to be extended with asphaltic concrete from the existing street pavement to the ROW line.After that point, it may be concrete or asphalt. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 2 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. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this property. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The property is surrounded by existing residential development. There are no opportunities or need for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular,shall be approved by the City Engineer;and • 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, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. No cul-de-sacs are proposed. 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 3 contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. 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. 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. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. 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. 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. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 4 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. 1. Sanitary sewer is required to serve the proposed lots. The applicant proposes to extend a new sewer lateral to the second lot. There already is an existing lateral ready to serve the existing house. 2. This lot is in Sanitary Sewer Reimbursement District No. 30, which was finalized on March 8, 2005. The sewer reimbursement fee is due upon development of the lot. Creation of a minor land partition triggers payment of the fee. There is an existing sewer lateral provided through the reimbursement district. The existing house must be connected to sewer as part of this minor land partition and the reimbursement fee must be paid. Because the incentive program was applicable for only three years after sewer became available, the full amount is due and payable plus any interest accrued since that date. The applicant proposes extension of a new lateral to serve the second lot. This requirement is met with connection of the existing house to sewer and extension of a sewer lateral to serve the undeveloped new lot. 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 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 DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 5 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. A fee-in-lieu of storm water detention will be charged for the new lot. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW James Street. Underground utility service is required to be extended to each lot. The applicant proposes to provide underground service to the lots but will pay the fee-in-lieu for undergrounding of lines along the proper y frontage. This fee-in-lieu amount is calculated at a rate of$35 per lineal foot of frontage containing the overhead lines. The propery frontage is 100 lineal feet resulting in a fee of$3,500.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 6 Tualatin proviprovides�a�P opue an`�Res W protection services (South Division)y Water within se Each the tyo S st m: the City ofTigard°[Contact:Drew ice, �4 rre must be the sch o a''netera 4esthe al�dea' th Ovate 503-649-8577] Storm Water rube extendedto �e The e�istin h City has uali the�e�, d' Ouse al 1°t no' mad'bay established s agreed to rn the e "'atej. quality R of f�On a,�Clean Wa Water enforce Surface ��t2'r��ater�ne 4 phosphorus facilities. Order No ervices mater M created c s• face S rvi which Design aced i and Or 'lines r the a (S IPM)TPertio d fa Ip shall be egned t and Construction re through the frequency us sutfac 0 rlceI1t desigt1e he cons trucdon S ulations ugh the ntaine es. addition,the storm water te ru action rated frame n s of 1be C�J st year and meth°d to b�a mainten runofSPercent of water ,ta itiortr 4,4,(4/4/`la''dr i�c j'd used in keel Plan shall ated m fra ''eatrneut° 6e im apmr,Ifron t ' °the facility submittee�'/3' app cants sh the additio /lede /51'0O that&49reld tY alaiat d rrz-l� ould nalsto h'guirp excl,�.de ained u J`'&at day awe storm Water a&°n-sit frnall Gradin er gualt..1'treatmentu°�cort trtrc 16e site. �ergual J'foci I such assiaen . t141 to amount Design Erosion Cont °uld 6e re�u d awl pfd erne� Ssta��'arascorn'uOaate land and c1 water system sediment Construction Standards p yrnvxeohat clearing, resin d uctio andards (the e applicant g� and an resulting fro pollutants also re amo 's required y other ac ot development,ants reachi regulate erosion prior to issuance to submit which construction,public 1 Sr control to reduce `fin Ernsi° City permits. erosion eletates erosion.°n'gradin oral and surface the ere a a°nt,°l�lan co c°ntro1Pla Per CtPSavatin�, .p rnrzt �'�'nUal. 7'lais p�au�Elie eretitp site C'h'review aid ations, the Address Asst necessa rmuuab eso ethe cj;pith t approval aadrpssi gegarct o f tye Cl�fstorm al nerrnity �c Czty�'rior to rn the arnou nsrble frays ter�,n�ectio att°rr urge >rralelatarr��r ble oO�g a aaddressesfir a rr The applicant's Re ments n'ss sha116e e�e thin the Ct ° ire This UGC 22).eats with final Plat shall fee sh 1 e pa arj �q� requited These ° t° the City's COntalr2 dtO the State for the subdivision o its shall larval positioning e C°°rd a Plat boundary.the s _line easte tes ANA DE LaPfor t it E Alo g h shall Vie)geodetic n91)] on rats two NGINEERING C� the coordinates,of the same precision network Plat shall as n a11c0 TSP2017 000ol PAGE? the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO FINAL PLAT APPROVAL: • 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 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. • The applicant shall apply for a Public Facility Improvement (PFI)permit for this project to cover driveway connections, utility laterals 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. NO"1 E: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI)permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). • 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 Development Engineering will delay processing of project documents. • The applicant shall submit construction plans to the Development Engineer as a part of the PFI permit application for construction of the driveway and for peormance of all work within the public right-of-way. • An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 8 • Prior to final plat approval, all work under the PFI permit shall be assured in lieu of construction to allow for recordation of the final plat prior to construction of improvements. • 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 applicant shall submit a preliminary plat for review. The plat shall include a 2 foot right-of-way dedication along the frontage of SW James Street. In addition, it should reference a joint access easement for the driveway approach and a maintenance agreement for future maintenance of the joint access driveway. • The applicant shall obtain approval from the City of Tigard water division for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. The water line installation to serve the new lot shall be performed as part of the PFI permit requirements. • The plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the PFI permit drawings for review and approval. The storm runoff must either be connected to an approved public system, or disposed of appropriately on-site. • A plumbing permit to connect the existing house to sewer shall be obtained prior to final plat, including all fees associated with that permit. A plumbing permit is valid for 6 months but may be extended for a longer period if needed. Actual connection to the existing house may be performed in conjunction with connection to a new house constructed on the new lot. All remaining work covered under the PFI permit may be bonded for recordation of the plat. • Prior to final plat approval, the applicant shall pay the sewer reimbursement fee, which is ,$18,023.08 if the connection is made prior to March 7, 2012. If the actual connection is made after that date, an additional fee involving increase in interest will be charged. • Prior to final plat approval, the applicant shall pay the fee-in-lieu of undetgrounding for the overhead utility lines along the property frontage. This fee is in the amount of,$3,500.00. • Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Paul I att:• Public Works Department 503-718-2589). • Final Plat Application Submission Requirements: A. Submit for 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(503-718-2421). 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 plat shall show dedication of an additional 2 feet of property along the frontage of SW James. E. The final plat shall include all easements required and reference the joint access easement agreement by document number F. NOTE Washington County will not begin their review of the final plat until they receive notice from Development Engineering indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 9 F. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE PERMIT AND BUILDING PERMITS: Submit to the Development Engineer (Gus Duenas,503-367- 2470) for review and approval: • The applicant must obtain the PFI permit before any work begins either on the site or within the public right-of-way. • Prior to issuance of building permits, the applicant shall provide the Development Engineering Division with a paper copy of the recorded final plat. • 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 pay the standard water quality fee for that lot(fee amount will be the latest approved by C IVS). • The applicant shall pay the water quantity fee-in-lieu amount for the second lot, if storm runoff is not disposed of on-site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: • Prior to issuance of Certificate of Occupancy for the new building, underground utility service shall be extended and completed to each structure on the two lots. The existing house needs to be connected to underground utility service as part of this condition. • Prior to issuance of Certificate of Occupancy for the new building, the sanitary sewer connections to both the existing house and the new house must be completed. • Prior to Certificate of Occupancy for the new building, the applicant shall plant street trees along the frontage of SW James Street. DEVELOPMENT ENGINEERING COMMENTS MLP 2011-00001 PAGE 1 NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 311111C. WILSON PARTITION TIGARD 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet.An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION IL 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 time 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 JUNE 29, 2011 AND BECOMES EFFECTIVE ON JULY 15, 2011 UNLESS AN APPEAL IS FILED. Areal: 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 appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14, 2011. Questions: For further information please contact the Planning Division Staff Planner,John Floyd at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or by email to Johnflatigard-or.gov. --( T'FTR I j f i E JAI VICINITY MAP .� 1�1_. r•_..r_._1 ' I s_. i t-..,`'' WILSON PARTITION_ t - 1`� ' '(E'. a ,far it s I ` ' ) II II 1 1 i --- Subject Site 1 -----I _di "pi l'04•, 1. 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SITE PLAN Ferguson Land Surveying, Inc. .fir n�n. at•,p. .or' tom.in..y. w x topN m.ro�ii.ro.a ants .at MOW rrwrto mrn.aar. n m.ow)4a-aot Fm Ms).a-0602 °�`Of rttrvn i..w, NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2011-00001 OP. WILSON PARTITION T I GARD THIS NOTICE OF BEING RE-ISSUED TO CORRECT AN INCORRECT REFERENCE TO THE FILE NUMBER. THEREFORE, THE APPEAL PERIOD HAS BEEN EXTENDED ACCORDINGLY. 120 DAYS =9/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: WILSON PARTITION CASE NO: Minor Land Partition (MLP) MLP2011-00001 PROPOSAL: The applicant is requesting approval to partition an approximately .46-acre site into two parcels. Parcel 1 is proposed to be 8,999 square feet and Parcel 2 is proposed to be 11,024 square feet. An existing dwelling on the proposed Parcel 1 will remain. APPLICANT/ Steve Wilson APPLICANT'S Garner Moody OWNER: Big Moose Development REP: PO Box 11560 9450 SW Jamieson Rd Portland, OR 97211 Beaverton, OR 97005 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-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12190 SW James Street;Washington County Tax Map 2S103CB,Tax Lot 02100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION 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 (25G) per page,or the current rate charged for copies at the time 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: L THIS DECISION IS FINAL ON JULY 5, 2011 AND BECOMES EFFECTIVE ON JULY 20, 2011 UNLESS AN APPEAL IS FILED. Areal: 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 appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 19, 2011. Questions: For further information please contact the Planning Division Staff Planner,John Floyd at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or by email to Johnfl @tigard-or.gov. -1. n'hL1-,5-;':,.i- I r j J---(t' ( - - ° 1 . I 1 VICINITY MAP �.., (W cANJ';f _... ^. • -.! ;.. ._ ---:' i YO -0 00l � WILSON ION _ RI 1.,_ r F-1 - . ...... am_hA-;r-. -.-L- C. 4- V, } 1 x. V Subject Site I 1:At FT: 7-1-- I- r-- ,?--....--1. !, r , .. it 1rl• _.,..4\'' -r-"" ,e /Z.: Vit13:6:44.;1.:_fir :: .) i i 1 .) 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COD ■10 3011E 6 M.3 'i.,i•F•'•l.• { ''IIII MAD W..MD Otalllat 3-i< 6 MOOTS Ile 4.146 WV YAW { YiMly YMM 1.1..R61MObe. - o # ( w▪as t�Rltl D,M Dim,.a k I >, ,00m - & �w .oa CIE _� w- O w�.OD.D be a It niac R'16D. `I0M ®.MM6ar ilk fto: '1 a r �i ®_..Ma.MM S PARCEL n2 k __ 4 -- � :ORnalw C1).DICIDUOYS ...-.« � ttr. 44/41, MGM •30,*6 ROAD PROFILE f , R ,...40.HORIZ I ' � .711T Sllr tPMRRMM TaMDl1 T F i I - I - - �I � ryl � � � PutNh(1ti-3/cNGi^!=GR1NG 'O"'OY1r211,.1 "°M' SITE PLAN �-Ferguson Land Surveying. Inc. .are ax„ w beet eewwtM.MC ,�� nM a MMt O. UM l ySIOT. W It 3)oO AK.PORILLNEL OR S-1R ,HMO.PPM ,,a ofta .Oe,/4 al,i1d 1 TA M,...M.M.. saw,ar .•,. a lew..tMMlei ov6...een. PMM.(503).as-aol rm(50.5)oc-6w2 M� Sax MM.M.Ih, ,� CITY OF TIGARD RECEIPT II � 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 T I GARD Receipt Number: 183480 - 07/28/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2011-00001 Land Partition- Final Plat 100-0000-43116 $809.00 MLP2011-00001 Land Partition- Final Plat-LRP 100-0000-43117 $119.00 Total: $928.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4923 STREAT 07/28/2011 $928.00 Payor: Big Moose Development Inc Total Payments: $928.00 Balance Due: $0.00 Page 1 of 1 Todd Prager From: Todd Prager Sent: Wednesday, November 16, 2011 3:05 PM To: 'Garner Moody' Cc: Steve Wilson Subject: RE: 12190 Sw James Dear Garner, Please accept this email as written permission to remove one dead birch tree (tree 19) at 12190 James St. in Tigard. Tree 19 was protected per MLP2011-00001 and permission to remove it has been recorded in the City records as permit number TRE2011-00033. Please note that you are solely responsible for obtaining permission from the property owner for any tree removal activities associated with this permit, and complying with all applicable federal, state, regional, and local rules and regulations. Do not hesitate to contact me if you have any questions regarding this correspondence. Sincerely, Todd Prager Associate Planner/Arborist City of Tigard 503.718.2700 From: Garner Moody f mailto:garnermoody @yahoo.comj Sent: Wednesday, November 16, 2011 2:15 PM To: Todd Prager Cc: Steve Wilson Subject: 12190 Sw James Hi Todd, One update to the arborist plan. The birch tree has died. See attached letter from our arborist. I've attached your conditions of approval for your convenience. Let me know if there are any other conditions of approval. Thanks Garner Moody 503 329 5369 1 r-- LLOYD'S ARBORICU.LTUR.AL CONSULTING, LLC Lloyd Development, LLC C/O Garner Moody PO Box 11560 Portland,OR 97211 RE: Report addendum 12190 SW James Street Tigard, OR 97223 Hi Garner, As you are aware,I prepared an Arborist Report for you for the aforementioned site on March 9th of 2011. At that time I noted the tree listed below as one that would be retained during this minor partition. It has come to my attention that this tree has since died and is therefore no longer viable. Since I have not viewed this tree since its death,I am not sure why the tree has died since no earthwork has begun for this project. With the tree being dead,there are obviously no requirements to preserve it. I believe the most appropriate course of action at this time is to forward this letter to the city, in order that they might note on their record that this tree has apparently died of natural causes before the minor partition had begun. This way they can simply remove it from the records. # Species DBH Fence Condition Notes 19 Birch 15 12/10 Fair Poor structure.Crown clean. Remove damaged trunk. at 41.4 The pictured displayed shows the tree that is the subject of this letter, and clearly displays it is now �4. If I can answer any questions,or can be of any further assistance in this mater,please do not hesitate to contact me. Sincerely, Rob Lloyd, ISA Photo provided by Garner Moody Certified.Arborist#PN1620A PNW-ISA Certified Tree Risk Assessor#0147 November 10, 2011 15619 NE Copies Rd#147.Brush Prairie,WA 98606*360-600-0602 office' 360-326-1699 fax * lac(Oreesi.corn Todd Prager From: Todd Prager Sent: Monday, December 05, 2011 10:40 AM To: 'steve Wilson' Subject: RE: Fw: Birch tree Thanks. I have updated our permit records showing tree 4, not tree 19 approved for removal. -Todd From: steve Wilson fmailto:bigmoosedevelopmentCa>gmail.comj Sent: Friday, December 02, 2011 4:31 PM To: Todd Prager Subject: Fwd: Fw: Birch tree Original message From: Rob Lloyd <lac @treesi.com> To: carnermoody( ivahoo.com Sent: Fri, Dec 2, 2011 18:29:26 GMT+00:00 Subject: Birch tree HI Garner, I just wanted to confirm to you that it is tree #4 that has died and not tree #19. Can you forward to the city forester. Thank you. Rob Lloyd Lloyd's Arboricultural Consulting, LLC Cell (360)600-0602 lac @treesi.com 1