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Agenda Packet - 1988-04-04 • 1. The City's Comprehensive Plan • 2. The applicable Code Requirements and Regulations 3. The applicable Development Standards 4. Any applicable future Street Plan or ODPS • Failure to conform is sufficient reason to deny an application. COMMENT: It has been demonstrated in this report th-t this application fully complies with all of the above standards. Since the subject property is the last property to develop in the area, the street pattern has already been established. This proposed development plan complies with the existing street pattern. • 49.620 CONDITIONAL APPROVALS The hearing body may include restrictions and conditions as a • part of approval to protect the public health, safety, welfare, and to accomoc1ate service needs, and implement the Comprehensive Plan. These conditions can include a development schedule, 00 dedications, construction and maintenance guarantees, plan modifications, offsite improvements, and access limitations. �• COMMENT: No special development standards or conditions are necessary to protect the public in this case other than the standard conditions placed on conditional uses and the development limitations identified in this report. . .A 2.020 BUILDING DESIGN The Code requires that buildings be designed and located to complement and preserve existing buildings, streets and paths, bridges and other elements of the environment. Building designs shall be safe, discourage theft, reduce noise impacts, screen mechanical equipment, and be complementary in appearance to adjacent structures regarding materials, set backs, roof lines, heights and overall proportions. k 9 8340 • • 00 • COMMENT: The proposed buildings on the subject property are designed with a combination of metal roofs, dark aluminum windows, and giant brick. The brick is red in color with blahk brown. The roof will have a rust color and the trim will have apcetn colors as shown on the materials board. The auto service uses have a combination of solid walls and indented metal roofs along the east property line adjacent to MacDonalds and a full store front along Boones Ferry Road. The rear auto service buildings have a similar design. The car wash has a full gable roof to provide architectural character relief compared to the auto service buildings. The architectural style was chosen because of other buildings in the area. Following a review of the area, it was found that there is no specific architectural style that dominates the area. For example, the MacDonalds' facility to the east uses brick, wood siding and wood shingle roofing material. This facility is well landscaped and well designed for a fast food restaurant. Further to the east, a smooth line two story office building is developed. This building has rectangular shapes, blocked off corners, inset windows, and no trim to create clean lines with light colored materials. This specific office building is substantially different from other buildings in the area. However, the landscaping around the building and the setbacks provide additional architectural relief. The MacDonalds' building is setback farther than the adjacent office building to provide room for the drive through exit. The proposed buildings on the subject property will have a 6 foot setback from the Boones Ferry Road sidewalk to provide additional architectural relief. The full eastern side of the auto care facility has been designed with a break up of materials to provide a decorative side adjacent to MacDonalds. Landscaping proposed on this side in combination with the MacDonalds' landscaping provides adequate architectural treatment and solid Wall break-up. This design was chosen to provide a specific separation between the MacDonalds' uses and the car oriented uses on the subject property. Because of the narrow width of the site, it would not be possible to provide a drive through or rear entry way on the auto care buildings adjacent to MacDonalds: The Shelter Real Estate building to the north appears to be a conversion of a single family house to an office building. This facility is well landscaped and Well maintained. However, the building provides no unique architectural style nor creative design. The architectural style of the Shelter Real Estate office does not need to be repeated on the Western Auto Care Center site. The Key Bank building to the northwest provides a good example of high quality architenture. This building has a similar metal ribbed roof, brick pi.► aters with alternating in 6,4 and out effects to accent windows and good quality landscaping. 10 8330 • To the west is the location of the Shell Service Station, Aldergrove Hardware Store and the Pet City building. All of these buildings are very old and have no distinctive architectural styles. The Shell station is primarily a metal building with a flat pitched roof. The Aldergrove Hardware Store is a simple block building with a decorative store treatment. The rear and east wall of the building are unattractive and need to be screened from the Western Auto Care Facility. Further to the west, the Pet City building is a simple old building with no unique architectural style. In conclusion, it appears that the buildings proposed on the existing site are much higher in quality than buildings in the surrounding area, but compatible with MacDonalds and the Key Bank buildings. Both the car wash and the auto care buildings will be oriented with the ends facing Boones Ferry Road with alternating setbacks. This design will limit the bulk along Boones Ferry Road and provide the opportunity for motorists to look into the facility while driving along Boones Ferry Road. Because of. the poor quality of maintenance of the grounds around the Shell Station, the additional landscaping and buildings around the Shell Station will significantly improve the area. All trash areas are enclosed with the same materials as the buildings. The covered walkway for the car wash customers will be the same metal roof as the buildings to provide compatibility. All water will be directed to pavement areas by downspouts architecturally compatible with the building. The combination of brick bands at the roof line and along the overhead doors, in combination with the overhead doors and the offset office spaces, creates a visual impact that will attract customers to the facility and provide compatibility with surrounding buildings. This building design is substantially different from other car washes and auto care facilities that have been developed by Kaddy on State Street and along Boones Ferry Road. The architectural style of the Kaddy buildings are plain and less attractive. 5.020 LIGHTING STANDARDS The Code lists specific standards for lights in the City of Lake Oswego, 11 835i • } a 6.020 TRANSIT STANDARDS All major developments are required to have hard pedestrian paths to the nearest bus stop. COMMENT: Sidewalks are available in front of the property and along the full length of Boones Ferry Road to the nearest bus stop. 7.020 PARKING STANDARDS A minimum of 2 parking spaces per bay is required in this development. As mentioned before, an additional 10 parking spaces are available in this development in addition to the 9 parking spaces provided in front of the auto service bays and the 5 parking spaces adjacent to the car wash for customer pickup and the 12 stacking parking spaces in the covered vacuum area. Therefore, adequate parking is available. Even if the 11,620 square feet of a'ito service buildings are converted to retail in the future, only 39 parking spaces would be required at 1 parking space per 300 square feet of gross floor area. In addition, 16 additional parking spaces would be available in front of the bays 0y increasing the total number of parking spaces to 70, almost double the required parking spaces of the entire site if converted to retail/commercial. 8.020. OPEN SPACE • This development is required to have 15% open space. COMMENT: 17% of the site is developed with permanent landscaping and open space. 9.020 LANDSCAPING This development is required to have street trees and 15% landscaping, A . 12 UUI) p • COMMENT: plan. s on e cae The % of streete site trees is will landscaped Red a Spidern Pearh Treesdewith planter indents into the sidewalk. to combination of large trees, screening bushes, and ground cover will be used throughout the • site. Both evergreen and deciduous trees and bushes are proposed. All areas not used for parking or access have been designated as landscaped open space. This landscaping is scattered throughout the site in a decorative manner to provide good balance and visual breakup of the proposed buildings. All landscaped areas will be irrigated to assure maximum growth and healthy plant material. The landscape list shows the size of material at planting and at maturity. No trees or other permanent landscaping is located along the 10 foot turf area along Boones Ferry Road, as that area will be eliminated when Boones Ferry Road is widened. 11.020 DRAINAGE This section of the Code requires all developments to have adequate drainage systems to meet City Standards. COMMENT: The subject property taps directly into a 15" storm 11% sewer which was recently constructed along Sunset Drive to come to a larger storm drainage system which out falls into Lake Oswego Lake. The City has indicated that no storm drainage detention system would be required for this development as the subject property is probably the last vacant parcel to be developed in the area and adequate storm sewer systems were designed which accomodated full development of the subject property. However, oil separators will be used on the site to insure that only clean storm water enters the storm sewage system. All water from the car wash will be recycled. 14.020 UTILITIES This section of the Code requires all utilities to be designed to meet City Standards, COMMENT: All utilities are available to this site and have been properly sized and planned for full development of the subject property. A 15" storm sewer and 8" sanitary sewer line are located along the south property line. A 60 waterline is located along Booties Ferry Road. 13 8353 16.020 HILLSIDE PROTECTION AND EROSION 0 The subject property potential wouldcontainsgradesand no hillside or erosion occur on the property. 0 18.020 ACCESS Every lot shall have access on a public street and if traffic volumes are too high, then alternative access should be made available. �! COMMENT: Although an access is made directly onto Boones Ferry Road encourage direct Road,is available. Refer too attached access Traffica secondary access Study for findings 19.020 DRIVEWAY STANDARDS This development fully complies with all driveway standards in the City. Fire truck design is 50 foot outside and 25 foot inside turning radius. These radiuses are shown on the site plan to demonstrate compliance with this standard. COMMENT: The driveways proposed in this development meet City 000 standards and adequate turning radius for fire trucks are available. 0, 20.020 WALKWAY AND BIKEWAY STANDARDS Walkways are required for all commercial development. COMMENT: A walkway has been provided along the rear yard access road which has a continuous length to Boones Ferry Road. Additionally, a 10 foot sidewalk will be constructed along Boones Ferry Road in compliance with future widening of Boones Ferry Road. CHAPTER 47, PERMITTED SIGNS This development is limited to one monument sign at 32 square fetoet bea2d 30 feetihighs in and 8o%gof,theuilding mounted street frontagesigns length. allowed 14 8 3 t1 OPN COMMENT: A 32 square foot moruXnent sign, 30" high is proposed as shown on the site plan along Boones Ferry Road. Each of the users will have building mounted signs that are architecturally compatible with the buildings and other development in the area. Specific plans for these signs will be submitted prior tt buildings permits. COMPLIANCE WITH THE COMPREHENSIVE PLAN 1. Growth Management. The overall objective of the City is to allow development to occur where services are available. Development should maintain the esthetic character of Lake Oswego. General Policy 2 requires that the City will review all developments on a comprehensive basis and submit such developments to the DRB for review. COMMENT: The Comprehensive Plan fully anticipates development of the subject property and all public facilities and services are available. This new development will be reviewed by both the Planning Commission and the Design Review Board. There are no community resources or natural areas in the subject property in need of preservation. The Quiet Environment Objective, on Page 44 of the Plan, identifies the need to reduce levels in Lake Oswego and protect and maintain existing quiet areas in the Community. This will be accomplished as noise levels of the car wash are very low in comparison to the vehicles traffic noise along Boones Ferry Road. Additionally, the car wash is moved as close as possible to Boones Ferry Road away from the residential areas to the south. 2. Commercial Policies. The Comprehensive Plan on Page 95 identifies General Commercial Uses as activities primarily intended to meet shopping and service needs of several neighborhoods with a service area radius of about 2 to 4 miles containing a population of 25,000 persons. COMMENT: This application fully complies with these standards and is intended to provide car wash uses for a large population base. Commercial UseS are intended to provide shared access and parking, definite max:mum business square footage, and proper location to provide effective site for customers and community viewpoint. Negative impacts are caused by strip commercial which produce traffic congestion and lack of parking. Plan locations for commercials also prevent regional shoppers from traveling neighborhood streets. 15 v3JJ 0 COMMENT: A significant amount of shared parking and shared accesses are provided throughout the site with the existing Shell Station to the west. Subject property is located in an area where high traffic volumes are acceptable because of the concentration of commercial uses with easy accessability withdUt traveling through residential neighborhoods. Scale of this car wash is in keeping with the size and intensity of development in the area. General Policy 1: Encourage development of commercial areas to meet community consumer needs. COMMENT: This application is in compliance with this policy as the subject property is the last piece to develop in an established commercial center. General Policy 2: Planning for commercial centers as community focal points. COMMENT: This car wash will be designed as a focal point and will be compatible with other developments in the area to create an attractive commercial environment. Substantial improvements to the rear portion of the existing Shell station will occur to provide additional parking and landscaping and free up some of the outside storage currently conducted at the Shell station. The subject property has been in various states of ddisrepair oair ver the years because of the uses on the property. P buildingsof this swill be built with modernf the City a ar hitectu attractive new res General Policy 3: Plan for the development of commercial districts scaled in size to the area served. COMMENT: The subject property is an ideal location for a car wash that serves a much larger area than the adjacent nebe outofood.scale However, with other buildidings are not lae and ng ng development in the area. not General Policy 4: Encourage private investment in planned commercial centers. COMMENT: As mentioned before, a substantial investment will occur on this property and the resulting development will be very compatible with existing development in the area. General Policy 5s . Assure minimum commercial intrusion on re tdential areas. 16 8356 CoMHENT: Although the property to the south is zoned and developed with residential uses, this development is oriented towards Boones Ferry Road and no impacts to those residential areas will occur. Adequate landscaping and other precautions will occur to insure no negative impacts to the residential areas. All activities have been directed away from the residential area. • 3. West End Commercial District. on Page 107 through 110 of the Comprehensive Plan, there is a description of the west end district with policies and standards. The plan indicates that the specific commercial district policies will guide development in the Lake Grove area to support businesses and new investment, to satisfy community needs, to encourage social interaction, to provide for proper vehicle access and to protect neighborhood living environment. The City will: A. Limit the amount of new commercial land in Lake Grove. B. Provide pedestrian, bike and auto traffic to connect new b mixed use in commercial areas to the existing commercial district. The circulation should prevent isolation or deterioration of existing commercial areas and encourage private development in a Village Shopping Center in Lake Grove. C. Provide spywific commercial district policies, in the west end are,.. D. Plan for 1:awr access and parking configuration on both sides of the current strip commercial. This will promote intense use of the deep lots fronting on Boones Ferry Road, the viability of the existing commercial center so it can redevelop and remain competitive, modification and negative impacts of existing strip development, construction of vehicle access in a manner which protects adjacent neighborhood living environment, preservation of neighborhood residential property values, and encourage foot traffic within the commercial area. E. Encourage private development of joint use facilities, land uses in size and scale with the access in the district, buildings with height and set back standards compatible with the district, street trees to provide shade and esthetic relief, buffer system of adjacent residential uses, pedestrian pathways, alternative surface material for parking lot, onsite water retention to soften visual impact and provide noise absorption, street furniture and landscaping areas, and ways to encourage people to rest awhile or have conversation in pleasant surroundings. 17 r 4I F. Encourage development of adequate access to parking facilities which aid in' decreasing the number of direct access point on arterials and grant permission for private • construction of such facilities. G. Not allow off street parking to back out onto arterial streets, protect the function and service levels of Boones Ferry Road as an arterial street, providing only one access point on arterials per 155 feet of street frontage or if necessary arrangement of shared access, and provide rear access to provide waivers of standards. COMMENT: This development fully complies with the west end . business district policies and standards. A substantial 4 investment will occur on this property to help increase the value and appearance of surrounding commercial areas. The Comprehensive Plan emphas3aas the encouragement of private investment in the area. Additionally, a substantial investment occurred by the original property owner with construction of a rear access along the full length of the subject property for the MacDonald's and this property and other properties with direct access out to Bryant Street to intentionally limit the turning movements onto Boones Ferry Road. As a result, it appears very reasonable that a separate access be available for the subject property rather than no access and a shared access with either the Shell station or MacDonald's. However, cross traffic access is available with the Shell station. Rear yard common access is available with McDonald's. Because of the nature and function of the car wash, it is very important to allow free moving loop circulation system through • _ the site. Although the customers of the existing Shell Station will also be able to use this joint access to drive directly into the site and use'the rear access out to Bryant Road, this will occur on a less frequent basis than the constant turning movements in and out of the Shell station for gasoline customers. ..4. Because of the function of the service station, it is very appropriate to maintain separate access points for the Shell • station because of the unusual and high volume use. Based upon this information, it is impossible to comply with the 155 foot spacing standard of the Comprehensive Plan. It appears that this standard conflicts with other standards in the Plan, such as Goal E on Page 16 of this report, which encourage the development of rear access points and investment in property. If the access is moved to either the Shell station or the MacDonald's facility, then significant traffic congestion would occur by weaving movements of customers entering into the Western Auto Care Facility. Therefore, it is very important that a separate dedicated access be available for this facility. 18 S 35:3 •,• S A significant amount of landscaping and other facilities will be ' developed with this shopping center and development of the property will comply with all other standards which encourages the development of a village commercial atmosphere in the area. If this property was located in a large shopping center of 10 to 15 acres where vacant lands were proposed for development and p t planning for adequate access points could be determined at one , level, then a dedicated access for this particular use would not • be necessary. However, in this case we are dealing with redevelopment of land and reasonable use of the property so that the site and the adjacent uses can all function properly for the convenience of the customers and the residences of the Lake Grove area. • 4. Transportation. The objective of the City is to develop a coordinated transportation system which serves the planned land use distribution and meets complex community needs and desires of the City. The subject property is located on a major arterial street which General Policy 3 identifies the need to carry • through traffic restricted access, right turn refuge lanes, raised landscape mediums, traffic signals, frontage roads and a number of shared access points to serve adjacent properties. COMMENT: Although the subject property is proposed with a separate direct access out to Boones Ferry Road, the use of • common access easements with the Shell station will allow this access to function as a shared access when the need arises for internal circulation. Based upon this information, this application complies with all standards of the Comprehensive Plan. 5. Public Facilities and Service. It is the objective of the • City to provide adequate public facilities and services. COMMENT: As mentioned before, all public facilities and services are available to the subject property. 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' 14•IE , ..t,'Ult. ,4'W' 'I ' ''''' , ?,', ....'"•* ii',$,..."./ Er 4E4'i •'t 'I*7.:Yr,. 4rooll a, 1,•1.:—" g, ,g.•,,e 1 t . '.' 4 ,.,' ''•,it-•••',.1.,... 4 i'''• t't 11,. ,...10. * '' ':‘ "". •-,)‘"!),..,11 .. ,..0,,, 4- .„r. , , ,, i, ,, , ,,, ,,,. .„. , ,, ., ,:. / ,-. .7--;:.3, ,-, 1:),,,,,:.„,,,,,ir•ci..f,„,, \.% 1 ''''''' ' ...,' ' '' tz , , -, "9' '7.'1 9"; '`, '' "•%. ,frAit, ,,,''' ,,' Iv/ '. .,,,t ,,,,,m4.!,, ,'4, ,1,..r,o„,Ir.,' • $it • C.....,',9,...,al-,",'9',,'*'A 1„ ,,,i) ti'l t''.,•;hp -4, 4 .., /1 AV7.4,... riz‘ 4 4"i - • .,,,r '1',•",,tr-Ar, , i •0 ' * ',/k i" EXHIBIT • s , LI ' . r 5 ip .....-f‘g* ,. *, I, iltoir'••• i. , - , e Pp., 1'''*51r • tc- •I, ,it. ,1. , :::;:o, i r, ' e', , .,,`•' 4g, . ..., , • . . , 1 BEFORE THE PLANNING COMMISSION OF THE 7 CITY OF LAKE OSWEGO 3 4 A REQUEST FOR APPROVAL OF) CU 1-88 . A CONDITIONAL USE TO ) (Western Auto Care) ALLOW A CAR WASH ) FINDINGS, CONCLUSIONS & ORDER • i NATURE OF APPLICATION j • The applicant is requesting approval of a conditional use permit 9 in the General Commercial zone for a car wash (Tax Lots 4200 and 10 4300 of Tax Map 2 lE 8CB) . 11 HEARINGS • 12 The Planning Commission held a public hearing and considered this application at its meeting of March 14, 1988. , ' 14 , ) CRITERIA AND STANDARDS 15t . A. City of Lake Oswego Zoning Ordinance: 16 LOC 48.300 General Commercial Definition LOC 48.305(6) (G) Conditional Use in GC Zone 17 LOC 48.550-48.560 Conditional Uses LOC 48.605 Specific Standards for 18 Conditional Uses Listed in Commercial or Industrial 19 Zones and Not Covered by Other Specific Standards 20 LOC 48.810 Quasi-Judicial Evidentiary r Hearing Procedures r 21 LOC 48.815(2) (ii) Criteria for Approval 22 •I. B. City.of Lake Oswego Comprehensive Plan: 23 .- Commercial Land Use Policy Element 24 . West End Business District (IV-A) Bryant to Reese (IV-C) .P' 25 - Transportation Land 'Jse Policy Element 26 . IXHI•IT PAGE ;, 1 CU 1-08 49 S�3G1 Az9,7r r :+ , , 7 4Ri►` :iC 1 CONCLUSION 2 The Planning Commission concludes that CO 1-88 can be made to comply with all applicable criteria by the application of certain , conditions. 1 '' • 5 FINDINGS AND REASONS 6 The planning Commission incorporates the March 4, 1988 staff , ' report on CU 1-88 as support for its decision, along with the ,o ,4 ,, 7`, following evidence and testimony: ` . 8 o The applicant submitted Exhibits 13-15 at the hearing. o During deliberation, the Planning Commission discussed their ," 9 concerns about allowing full turning movements onto Boones 10 Ferry Road. The Planning Commission stated that the 11 discussion by staff and the applicant had centered primarily . y 1 on Boones Ferry Road and did not address the impact of y, L traffic overflow from 217 to Boones Ferry Road• The 13 Commission noted that previous discussions with staff had 14 identified Quarry Road as one of the desirable routes to handle the overflow. Citing the proximity of Quarry Road to '• 15 the proposed driveway, the Planning Commission asked Jerry • 16 Baker,' the City Traffic Engineer, what impact a full turning movement would have on Boones Ferry Road. Mr. Baker , `�( /� • 12 indicated a full turning movement would result in Boones . 10 �t ,. Ferry Road operating at Service Level "E". The Planning " • 19 commissien then discussed other possible options to a right- 20 turn-only that included turning movement restrictions only • 21 during peak times and also to require no restrictions at 'this time since McDonald's access currently is 'not restricted. 22 o The Commission also needed clarification on whether adequate right-of-way existed to enable the proposal to meet the f 23 approval. Staff responded that although ° 24 criteria for dedication .was tied to the development review process, there (I 25 Was sufficient evidence in the record (Exhibits) to satisfy ' 26 the criteria, ' . PAGE t 5 2 Ct1 ,14 88 • • • ,.7 1 o The. Planning Commission closed deliberation and voted to 2 amend staff's recommendation to reflect those deliberations. a ° ORDER • IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake 5 Oswego that: 6 1. CU 1-88 is approved subject to compliance with the conditions of approval oat' forth in Section 2 of this Order.• '' 7 • 2. The conditions for CU 1-88 are as follows: 8 a. , That the car wash provide individual pollution control • 9 systems for floor drains. Additionally, the proposed site storm drainage 'system must provide a pollution 10 control manhole or structure prior to connecting to 11 the existing 15" storm drain line. 12 b. That the applicarett'provide, at the car wash exit, • directional signs guiding vehicles toward the rear 13 access road. 1 c. That there be a right-turn-only exit onto Boones Ferry 15 Road and that the applicant work with the City Traffic Engineer to design the, right-turn-only lane. 10 • 17 . ' 18 19 20 • 21 ' 22 • • 23 24 25 PAGE 3 CU 1-88 8363 Wi , fr . ,:', 'r . �rrr .,w, 4' • h ' r,. ' . ` At 4 , h, ,, t7 r 6 'i .t AGENDA t,s CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD City Council Chambers, 380 'A' Avenue r4J. : Monday, April 4, 1988 ' y t 111, ',,„,+ ''',.' 7:30 P.M. Ak Pr ' I. CALL TO ORDER 4 ' i r$ r. I I. ROLL CALL t YM1, J d ir'' .. 9 11 � III. APPROVAL OF MINUTES q ` r/pz-`r ,, ' '. •;~;; ? March 21, 1988 t,`,, , 'rl' r 3 March 7, 1988 (second vote) ' + 'v. August 17, 1987 (second vote) i r .. r `' -* IV. PETITIONS AND COMMUNICATIONS `... ,; t:,t ,P rr V. PUBLIC HEARINGS .: t , h 11 Y h I ;t„7. PD 3-88/VAR 11-88, a request by OTAK, Inc. (applicant) for approval of an 18-Lot Planned Development with several modifications to the R-0 zone setback requirements; a variance .t, � N ,t . to the Access Standard affecting Lots 15-18; and, modifications to open space Tracts "A", "L" and "N". The site is located on the northeast and southwest sides of Hidalgo Streets (Multnomah F' County Map 14225, Block 46, 58 and a portion of 51). .,. a` � SD 33-81/SD 34-81(Mod.'88), a request by Eagle Valley Homes, . �zYl, ;1 Inc. for a modification to a minor partition approval. The site is located at the south side of Upper Drive, between Lake ;,•�.d�?:II Grove Street and Reese Road (Tax Lots 401, 402, 501, 502 of , , l ! , Tax Map 2 ]E 8CD). .,4,, ,. 4 . VAR 9-88(a-j), a request by Robert Budihas for approval of three k , tn�; r; e variances for the alteration of an existing nonconforming k .. , yryr ; garage; six variances for the expansion of a series of existing g nonconforming foundation structures and decks; and one variance j y to exceed the maximum lot coverage, as follows: ;�,, I ," (a) A Class 2 variance to the restrictions placed on I rf, ,`, nonconforming structures, which do not allow for any :' : , , increase in the nonconformity of said structures aA ; , ;4 ' [LOC 48.700(2)(b)1; and , ra , ,, ,.' (b) A Class 2 variance of 2.75 feet from the required side yard ', , setback of 5 feet in an R-7.5 Residential Zone for the Y a;i ' " ry r alteration of an existing, nonconforming garage 1 ,, rt !h1, ,�, Mil (LOC 48.215(1)h and J w. • �, 1 i f 7 `u `� 8303 Y 1 b 7 r, ' i y ,.` 1 ,j i .. t y r G Y Y, _ 1 i ,A • '. ,h, I NVt AKA x.` t ' '�I' ✓ ti wj . ,, ,h� •,J .r ;, - M r'�r i r�n r r -c� Y fj�' t ' ' t (C) A Class 2 variance or 15.n zees ELom sue LeyuLLeu LLvut , a, yard setback of 20 feet in an R-7.5 Residential Zone for n. -, the alteration of the entry to an existing, nonconforming garage [LOC 48.215(1)); and 1y ,, (d)(e)(h) A Class 2 variance of 1.0, 8.5 and 21.5 feet from the re- --1 L.,ij , 41 , ' ,i quired rear yard setback of 25 feet in an R-7.5 Residential + .;. Zone for the alteration of existing, nonconforming concrete „ t, + ' foundation structures by constructing decks thereupon and ; �- for three concrete buttress walls [LOC 48.215(1)1; and nn (f)(g)(i) A Class 2 variance of 1.0, 8.5 and 21.5 feet from the . F,. t, +vvra: required setback of 25 feet from Oswego Lake for the +L1. } ' ;c"- , alteration of existing, nonconforming concrete foundation structures by constructing decks thereupon and for three • " t'1 `, concrete buttress walls [LOC 48.535(3)1) and (j) A Class 2 variance of 7.4$ in excess of the maximum allowed `a, ;• lot coverage of 35% for an interior lot in an R-7.5 Residential Zone for the construction of two decks and an 9 •' exterior stairway leading from each deck to grade [LOC 48.225(1)].. v =1 The site is located at 2950 Lakeview Boulevard (Tax Lot 4900 ti. = of Tax Map 2 lE 8DB). 4t • ti VI. GENERAL PLANNING I. VII. OTHER BUSINESS - Findings, Conclusions & Order .. , • ', {' i „ n PD 1-88 - James Kelley i a VAR 6-88 - Ernest C. Moore ' ', VAR 7-88 - Georgeson DR 1-88/VAR 5-88 - Christman (second vote) n 1',= ". ', 1, DR 14-82(Nod.'88) - McDonald's (second vote) a PD 2418 - Galen Park-(second vote) ,. • VIII. ADJOURNMENT J 't • � 1 ;< • S 4 O t — • " The Lake Oswego Development Review Board welcomes your interest in these agenda items. Feel free to come and go as you please. „ , ,;Y"!: Staff: DR$ Members; James A. Miller, Chair Karen Scott, Assist. City Mgr. , Kenneth Linsli, Vice-Chair Planning and Development r t ! ' � 1 Robert H. Foster Robert Galante, Senior Planner +' ,'' . Robert D. Greaves Hamid Pishvaie, Dev. Review Planner . a' E. Daniel Ingrim Renee Dowlin, Associate Planner Vern Martindale t .chael Wheeler, Associate Planner _ ' ' ,',. Edward Swillinger Sandra Korbelik, Senior Planner >< '''" • Cindy Phillips, Deputy City Atty. k � � Joyce Faltus, Secretary a ' lit F' '''1 +ti - Mc ., ^1ti .' . E WF 1 ✓ 1. ' •+ M17' ',,,,i ,, .' .'rr - y+ ti „ w ''.f* �, I r.' ti a`i V . r. adgW`. r �y 'e 'AS + v ✓�� ' ' ` ^ ,t ' V' aTi ..iy� ... '1 “a,�'' `', �t.,,r.S. i'1-''.-`�°,.P .41 i• #• .i...'i ti .,4... a .. .. '?4 A',to",. i. .`,` 1. a` 0 1 M -r • . : "• ...'-.'. f:'� .. • r.... fir/ It �•„_1��4 •Y 1' • ' . 14 STAFF REPORT !k• CITY OF LAKE OSWEGO 1 n`t:,r 1 ` .' LAND DEVELOPMENT SERVICES DIVISION . , APPLICANT: FILE NO.: ' t;'' .+ r.s : ` i OTAK, Inc. PD 3-88/VAR 11-88 ' Cod• '�} ';W ' PROPERTY OWNER: STAFF: , , '. .�� BCE Development Hamid Pishvaie , ,'. t+ s �'�1 J` LEGAL DESCRIPTION: DATE OF REPORT: ' 3 9y Blocks 46, 50 and a March 24, 1988 v a; portion of 51, Multnomah " County Map # 4225 LOCATION: DATE OF HEARING: Northwest of Grouse April 4, 1988 * t •+;; : Terrace, east of Hidalgo, , ' L 4x -' .4 between Hidalgo and s r,, t' +f , Garibaldi ; _ ; COMP._ PLAN_DESIGNATION: ZONING DESIGNATION: 7.,'; 1xt 4P 11 - - �. -. An ` , 1 i ' R-0 R-0 `k ` ':its t , NEIGHBORHOOD ASSOCIATION: 3, t ,• ' Mt. Park I. APPLICANT'S REQUEST `',� t'• 'p' 4. The applicant is requesting approval of an 18-lot 1 i / A +il planned development with several modifications to the t, R-0 zone setback requirements; a variance to the "+''4 : ,'• Access Standard affecting Lots 15.18; and, t ` ' ,"'.‘ .:4,;,':. modifications to open space Tracts "A", "L" and "N". " II. APPLICABLE REGULATIONS -` at ' o. A. city of.Lake Csweg.9 Comprehensive Plan: { + ' ` : Growth Management. Policy Element t ,w`'' 1' Natural Resource Policy Element 't' "�'• s '' Residential Land Use Policy Element n ,t• PD 3-88/VAR 11-88 Page 1 of 8 ,` ' 4,J ' �Y ' y. Cs 9 q• '�. rwt ,r 4,• 2 a .y r ya+7 .+ y t} t ' > +' Vi 'r T v Y- ,, r l' t '� y JA { � '�L A 1 r r t 1 t t '4'� q . p , i� ,: a,,,'p xPtl :'w r 1�,., �p. `� P4 i,• "r,+ t I ' , h'1 r k �,. `r.?�.r x M,. .a. " (e' ` `4 ,„, I , .Y 1 f ',3;'a i' T7 _', ..Y' V 5 ��' 5•5 it ,e',.. �' b•'1 , It • rr i B. City of Lake Oswego Subdivision Ordinance: r" i LOC 44.381 Residential Streets - ` General Standards T:4i;' LOC 48.396 Variances �,�, 1 ai ` l, C. City of Lake Oswego Zoning Code: , .jIt. L + •,' LOC 48.120-48.155 Residential High/Low Density (R-0 Zone Description) ',.'.. LOC 48.470-48.490 Planned Development Overlay D. City of Lake Oswego Development Code: • ' LOC 49.300-49.335 Major Development Procedures . '•! ,,q5 ' LOC 49.500-49.510 Variances �! Criteria for Approval LOC 49.620 LOC 49.620 Conditional Approvals +.,. ,,' ,; D. City o_f Lake Osweg v o Deelo pment Standards: 1' P' 5.005 Street Lights 6.005 Transit parking and Loading 'yy ' 8.005 Park and Open Space Landscaping, Screening and " 9.005 Buffering 11.005 Drainage for Major Development ..44' 13.005 Weak Foundation Soils �. Utilities r', .4.005 '.t 16.005 Hillside Protection/Erosion p ,. �, ,�:' Control ' Access 18.0059 ,. 19.005 Site Circulation - Private +,,t Streets and Driveways 1 r4$QA t{ 1t'y a III. FINDINGS Cr a ,+ � `° ' ° A. Background: , Wi ' *r a , uY; 1. The applicant is requesting approval of the +.r; following: 4 '?i '1' '1 • 6 , - An 18-lot planned development with lots �a , `. ,^ ranging from 10,010 to 30,625 square feet, , `t u ; Exhibit 6, l t', 4,S. 1. - Several modifications to the 10' setback r Y „1�, e..41'1p tiy,' 1 �r` , >r ,'�' requirements of the R-�0 zone, Exhibit 10, G1,1 ,A,d ,1�:, j� ,‘� A variance to the Access Standard, • Section " 'i '4t' ° '"k`r " 18.020(1) which requires that every lot abut :, ., +r�'^ � ` ;' ,f a street (public) for a width of at least 25 r„ y , n PD 3-88/VAR 11-88 w �� * :I Page 2 of 8 t k t,. raI i� 8396 ,1Y 5; ,ra. ,.�' '7 Y ti i 1� 1 . t ar. F 4 M}� jei t Y ri •a i'� '..� 1 ' .r .', 1 a " I .• u feet. This variance only affects Lots 15-18 qua4•r?' '' since they abut a private street., Exhibit - Modifications to the open space Tracts "A", "I," and "N". Overall, these tracts are N proposed to be expanded by approximately 31,984 square feet, Exhibit 6. 2. There are several unresolved issues relating to this development. Staff believes these are significant issues which could possibly affect the project design and require additional �`- information which the public should have an opportunity to review. Therefore, it will be recommended that the Board table this , 4, application to a date certain, giving the " applicant sufficient time to adequately address these issues . " 3. On March 28, 1988 the Planning Commission will Y > '' consider a request to remove an existing restriction limiting. development on this site �' to 136 garden apartment units. This restriction was imposed as part of the -' f original Mt. Park PUD approval. In order to proceed with this project, Planning Commission approval is necessary [LOC 48.075(2)] . '! 4. On December 1, 1970, the City Council adopt..Id •r '' 1` Ordinance 1411 which reenacted amendments to • r; 4; the Zoning Map by reestablishing a Planned Unit Development Zone with an underlying SR-10 • F{L 'n. ,: zone on the entire Mountain Park project site, ` �r Exhibit 13. This ordinance was designed to ;+ " ' • correct any procedural defects in the original :: { l " ' '�? enactments which had amended the Zoning Map by establishing the PUD. 5. The site is identified as DiAtinctive Natural Area #52, slopes on Mt. Sylvania. t t " tc • ` a r,,� .`t'. 6. The site is in the Mountain Park PUD Phase V, ' p %"' :'' Exhibit 3. It is 7.05 acres in size, in fire ,`"•"r, 4 `' zone 2. The surrounding lard uses are a5 � ' follows: single family residential to the sx t north (City of Portland) , east and west' y '4, w h; common property of Mountain Park immediately °' . to the northwest, northeast and south pot Lions }' ,'• of the sites. Beyond these common areas are a ,iy4 0r •'.; : single family residential land uses. ...; '. 1 'l, PD 3-88/VAR 11-88 6+,•t'' ti Page 3 of 8 ' b.,r t 'i 830 4`fj y%, j rl rl.r !r r4y ?, r a ,as it " 7. The site is very heavily treed with krya ,: ,t predominantly Douglas Fir, Alder and Maple, '`` Ixhibit 4. t ? ; Y;;: The site slopes in a northeasterly direction. .-'.1 The ground slopes vary from around 25% in the northeast corner to 40% or more in the higher elevation, Exhibit 5. In particular, Block 50 I: ..,. :.: is very steep, with slopes ranging from 37% to ^ 41%, and the street fills (at banks) along ,,,,,,. Garibaldi are at a 70% slope. • { There is an existing drainage swale on Block 46. This swale starts at a culvert outfall r'n adjacent to Hidalgo and extends to the • northeast edge of the property. 8. All services including water, sanitary sewer and storm sewer are and/or can become available to serve the site. Access to the ' • development will be provided from Garibaldi, Hidalgo and Grouse Terrace (through a 24' private street) , Exhibit 6. B. Compliance With Criteria for Approval: wr,, " . As per LOC 49.615(2) , the Development Review Board , 1 ' must find the application conforms to the following: , - Comprehensive Plan ' ,•. - Subdivision Ordinance Y' `° ' - Zoning Ordinance :;.;. `• - Development Ordinance ` '• - Development Standards , . "` +' As evidenced by the exhibit section of this ` report, the applicant has submitted most of the necessary information for this application. ;.. ,+ However, there are some significant issues which '' ` '• have not been addressed. Therefore, a complete analysis has not been prepared since staff `' •.. believes these issues could possibly affect the ;"; ', ' proposed design of the development. Staff feels „w •, it is necessary that these issues be addressed by .,, the applicant, and that staff have an opportunity �• to complete a final report which could than be 'I ',i;,, adopted by the Board to support their decision, . 4. The Board could elect to open the public hearing, take public testimony, and then provide direction ' a . • J PD 3-88/VAR 11-88 ' Page 4 of 8 . ,,. .-� ry 839`i k W . s .. t i r yr 4• "PI OJ M A. .,,' `. • aY a i l to the applicant, based on that testimony and that report. Staff recommends that the Board then table any further action until May 2, 1988, at t"• N which time the final report can be provided for review. This will also provide the public an opportunity to review and comment on any additional information that might be submitted by . .• �f the applicant. :.:..':"'-''''''''' The following is an in-depth analysis of each r outstanding issue: r' t7 . Hillside Protection and Erosion Control { Section 16.005) , . " As shown on Exhibit 6, the applicant is proposing 7-lots along Garibaldi and 5 lots along Hidalgo �i` y°. Streets. .' , Exhibit 12 (soils investigation) indicates there are two visible rockfills - one extending down k .. from Garibaldi two-thirds of the way to Hidalgo; and one extending down from Hidalgo. Of the two rockfills, only the latter (toe of slope) is shown on Exhibit 6, indicating a conflict between two exhibits. Proposed Lots 3-9 and 10-14 are platted over these two existing rockfills, respectively. In response to staff concerns, the applicant proposed slope easements over the cut and fill slopes for Hidalgo and Garibaldi Streets (Exhibit 10), and suggested that all building envelopes will be restricted from the easement areas. The proposed easements measure only 20' in depth and overlaps with the front yard setbacks for the above lots. An analysis of the preliminary plat • (Exhibit 6) would suggest that a varying slope , easement of up to 70+ feet would be needed on all the lots along Hidalgo, especially tots 12 and 13. The impact on Lots 3-9 along Garibaldi cannot be . measured, as Exhibit 6 does not show the actual ''+ limit of the rockfill area. However, it is u. • • important to note that the soils investigation • (contrary to the plans) indicates the rockfill . , along Garibaldi extends two-thirds of the way to Hidalgo. This will imply that a slope easement of up to 100+ feet would be needed along Garibaldi. s , These slope easements are necessary in order to *;e assure the stability of these public streets. „., a P6 3-88/VAR 11-88 .. Page 5 of 8 n . . r .t 4 t ei ' .�8 .4r'-' '7"A,r,} -F i '.�� q4 y • The soils engineer has stated that these rockfalls are stable, and suggests that houses on the above lots "shown on the plans as ordinary house lots" be supported on piles (Exhibit 12) . He further '' concludes that driving piles through the rockfill :F '• r.. would not undermine the rockfill. However, the •ry; City Engineer recommends that it is necessary to • t protect the stability of both Hidalgo and Garibaldi to a greater degree. No buildings should be allowed over these rockfills. The . concern expressed by the City Engineer arises from two recent failures of these streets in exactly .' , those areas. This is particularly important since the exact limit of rockfill (toe of slope) is not shown on Lots 3-9. The applicant should address the inconsistencies in Exhibits 6 and 12, show how •• the rockfill slopes can be preserved and the • >. •., '` stability of affected public streets can be p •,; ' maintained by the proposed development. Drainage for Major Development (Section 11.005) . The applicant originally had proposed a storm detention facility within the proposed open space at the northeast corner of the site. As shown on Exhibit 6, that open space is located behind Lot . , 18 at a slope of approximately 20%. Given the `•, lack of accessibility and steep slope, staff • determined that on-site detention was not fi ` practical and should not be required for this development. The applicant was then asked to � , ' develop an alternative solution for handling the �.. storm water to be generated by the proposed development. The applicant's proposal, as shown on Exhibits 7 and 10, are acceptable only if it complies with Section 11.035(3) which states that: When, as determined by the City Manager, an on- site detention facility is not required, the applicant shall "submit a plan to mitigate any '`• ;• adverse affects (such as an erosion and flooding •� of culverts) resulting from increased runoff," .' and "construct these mitigating measures." es G .'!. ' , No information has been submitted to show the potential impact of increased runoff from the site n on the downstream drainage system, or any erosion ',• :'' problems. Staff believes without this information ar y�''t the proposed drainage system cannot be found to , comply with this standard. 4 w +�; ,, ,1, PD 3-88/V'AR 11-88 r. r� N,�,,v�x A# Page 6 of 8 ''.k41; .Y 8t1UO n��. 't At °f ,t,UA t a•: A{f �, f�k't'�•. a .� 'l .. dt l t+t« f'?�t f .M t�q.1 ti M Y. i YD r r a nh tY1 , x « •'! ,.. � •'� , t' tt . A _ }, . n a' t� . ,� Y, �- t fit; •'&y, i . U i t v , .t{ yta rk .•0°. u , - � 1„r[.�: .« r � ^ • - it' �1: - 5 as r. .. .,, � v_ ". .. - _ :_. + ..•_. ., ...., ... _ .. .. '"' LOC 44.381 - Residential Streets - General „ °:i Standards trti Jfrt,, 0t • ,.,, ts a IOC 44.381 (e) requires Lha t sidewalks shall. be ' , . , provided on aL least one side of all through streets. Both Hidalgo and Garibaldi are through streets. The preliminary plat (Exhibit 6) does r ' , + $ , not show any sidewalk along these streets. • ;' It is important to note that as part of the l ` ;;; original Mt. Park PUD approval, few sidewalks were • ''"• planned for the community. Instead, a pathway f ' � system was to be provided in the common areas ` a'., throughout the community. Any sidewalks along the -x, •.. site frontage on Hidalgo and Garibaldi will be the • 0 :..`' . only sidewalks in this part of Mt. Park. ; However, since LOC 44.381(e) does require sidewalks on all through streets, the only alternative for the applicant is to apply for a • ` variance to this standard. LOC 44.396 (Variances) authorizes the decision- making body to "judge whether strict compliance with the standards of this chapter would impose an undue hardship on the developer when compared to • developers of similar situated property." This variance criteria is more liberal than the variance criteria of LOC 49.500 - LOC 49.510 usually reviewed by the Board. While staff expects that a variance could be granted, no application has yet been made and no notice given. Without a variance, the applicant will have to .• construct sidewalks on both Hidalgo and Garibaldi Streets. Mt. Park Homeowners Association as Co-Applicant F ' As stated by the applicant in Exhibit 9, the project involves reconfiguration of Tract "L", a µ k� .i .y 14,000+ square foot open space parcel, with , )j, ' frontage on both Hidalgo and Garibaldi, Exhibits 1 k � '^ +�, and 6. This reconfiguration is necessary in order '' ,e8 for Lot 3 (originally Tax Lot 5 on Hidalgo, A ' '+ Exhibit 1) to have frontage on Garibaldi. Since the common areas in Mt. Park, including ,}" 4' Tract "L", are managed by the Mt. Park Homeowner's ' Association, any replatting of these areas shall t be done with the participation of the above " association. This will mean that the Mt. Park 4' Homeowner's Association should be a co-applicant ro, . 1 h ,- j J " {il PD 3-88/VAR 11-88 . ,,4 ,.,J r AC a, Page 7 of 8 My s `Y Y 1 , , A�J/ I ,I • • �' ‘' . / k 1 -F_,i,. AA •14 I \ ti.r.+j A14.C�. . ,k * 1g h 1 „t Y f�,."1.+ . �,, 1 I .r,•` 1 t � j"�.,,. .+' •''.tom .m M , r -'�13•4 F f"rv, 4' i ; w �� 1�+ICY, ';j �° 'i �� ' H � � + �.'�+. �• Y' :9.ta44 .. . t for this project. Otherwise, no replatting of ''.; Tract "L" can be reviewed by the City. (Note: The applicant has stated that the homeowner's association has reviewed and approved the proposal , buL no evidence has been submitted to that effect. ) • a•. ', IV. CONCLUSION r., 1 Based on findings presented in this report, staff concludes that there are several major issues which have not yet been resolved. Since these issues can have significant impact on public facilities and/or adjacent properties, staff believes the public should have an opportunity to review the new information. Until these issues are adequately addressed, no ' ;A :r compliance with the applicable criteria for approval ! ' can be established. A comprehensive staff report will be prepared for the Board's review after all the �, "• required information is submitted by the applicant. 1. !• V. RECOMMENDATION Based on the conclusion above, staff recommends PD 3- c., ;•. • 88/VAR 11-88 be continued until the applicant demonstrates compliance with the following criteria: - Hillside Protection and Erosion Control Standard • ' "1 . i .j' - Drainage for Major Development Standard , - LOC 44.361(2) • ' Additionally, the Mt. Park Homeowner's Association ± shall be a co-applicant for this project. i Exhibits •I' ' 1. Tax Map ti 2. Vicinity Map *. w . ' 3. Mt. Park Phase Divisions 4. Tree Survey (too large to reproduce) 5. Site Analysis 6. Preliminary Plat 7. Composite Utility Plan 8. Revised Grading Plan • , 9. Applicant's Narrative 10. Applicant's Supplemental Narrative 11. Applicant's Variance Request • ' '; 12. Soils Investigation g , �y 13. Ordinance 1411 r;, •,�,.1, 4 0. . CI k `•` PD 3-88/VAR 11-88 Page 8 of 8 /may( ,q1 " 8.1 V: - n e , ir ,^r rv, •.�� ,�. yy 4. -' , , . �w -, V. j. y .'9: 1<i�, % ri i`.. • t41i h•. ti.iw ' �y,•;", 4,0 �� x, 'k w 4 �f} . r' a ik 4 t ,.,X.b i �' t • 4 ' 9i.. .N, ti 4.� ti;, . :'M1T yil� 0,•r ., 7, i.�'i� .I s.•. ,. ..:`,1 7. . ,' r'. ' •.. Y. Y�hyt:tllAZ'�1" ' a. •1 1 r,M Yf GI' J•a\"firf. • yam • ,S,y'�,�'1�':�. �,y ,rM `.. site 'fal. 1 .1.,1 f • . .r r in A.•w•• • • •,' r.••1 x {_y • r.k 1 *. Z •l% S • . i __ y, , �� 9pthn •••pace traota It eK ,y • l • 1 • 1 7 site - Ili V /IIId „gig .I • a o,c : , P �.� 7, a f'• 6r open space t ct ,,, tj ot+�'+. /,' 11• dr. :" I•i,,r ', Y. u,d Iriri a�.. 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I L� • 0i p, . L 1 ,i, • . \ K. ao ]vNM31 3Sh0t17 WIMP•••• I I_a.. I• `NdDAfA . /7$'. 7, \elle. , 4,01101011111114. ttl w to M • • a t .: ul MAWS ne In It z In ` ,so , s M np r 1tit t 711 to //704/ �,tV 1'• 1 - •d 111%111*/**41411k 7 I'''. / ra EXHIBIT S.' 8406. PP 3_8$ s 11110 WV 1d AurMNnatw1 ':lyd\'LNth'dU\d1\dU dJN it!i •• •. sr•V' T•N , n�-� _ . 1i /4;7. • .�'G35tb a;i ;R 2,s.,,, .5 S :��N� ; ;.ill o O ..,,,k • 1' V / / Y flc.7 / ii r i'th , vanal3snoo:i� 1. pro 1E 1i1 1l p 01. • , t 01111:104 ". 1 ' , ( It/c/IV _...id o• 1.1•00.1/444., /4- \ y . ,,.. i t �N ,„ 5 .�ii=oliolt go.1111.1. . \ .At z e le \ ,,, i., . ..., 7 i I——•: ''''.,'514.4 \ # ..- 0. ....-rr. f1 ir - Irn - ` ' � C` t It, �'1 ' 11 j• ' p 1♦ y . �� 11I .• 04. \ ot�o�� /jar i s • ,4 ' ' � •�11 ' PP.-4*A, es/ t . .164 1 4.7 "4,0 :1 =, . .4 t!. :Alt ,Ke. - • .404:0°` i • ' �� 9 d! t , EXHIBIT ~ 6. $t107. 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Q LoT 1p S N `�. �o r s•i.\ OPT s.` 'N N SpAi D Nk \v. \\No.., �' . ,%\ N.. ' \ - �` to o v , / G • �� S• • \ 'i f \\ 9 ' . \ 7-7Z i\ • • OPEN $PAGg \ �' r kIrr1GHT I \, . • �a- Lo-r • ' 'to co a '' NIII \ 4.1 . 3 ` ` L O 16 TAT, W I 4 bt-Mr1' -rip$rs. RIFAAai t►0 • 80401� 1oIv\em PL f& ;e Inesg, A WTI C T . n P re pcnbwwl'Wie Inco XHIBIT nni MSSsW S akin iSt S!m Suet!We S OREGON BLUE PRINT CO. CITY OF LAKE OSWEGO Development Application for: BCE MOUNTAIN PARK 18-Lot Single Family Detached Development • Applicant: . BCE DEVELOPMENT S 4702 Harbour Pointe Boulevard Everett, WA 98204 (206) 348-0807 ti Represented by: OTAK, INCORPORATED 17355 SW Boones Ferry Road Lake Oswego, OR 97035 (503) 635-3618 February 31 1988 - 1 - d IXHIlIT • 5410 1.7-b 3- • BCE MOUNTAIN PARK February 3, 1988 Development Application I. INTRODUCTION PROPERTY DESCRIPTION The property included in this request is 7.05 acres in size on three parcels located along Hidalgo Street in Mountain Park. The subject property is described as Block 46, 50 and a portion of Block 51 (Lots 5, 6 and 7) of Mountain Park, Tax Map 4. $EOUEST SUMMARY This application requests DRB board approval for livid- ' ing the property into 18 single family lots. A site development plan is attached for further reference. The project also involves the reconfiguration of Tract 'L', • which is a 14,000 I square feet open space parcel front- • ing both Hidalgo and Garibaldi Streets. The project has • been reviewed and approved by both the Mountain Park Architectural Committee and Executive Board of Direc- tors. The 1969 Mountain Park P.U.D. designation of 'Garden Apartments' for the site will be changed to allow single family dwellings as proposed. This modifi- cation will be heard by the planning commission March 14, 1988. DEVELOPMENT SCHEDULE Planning Commission Approval March 14, 1988 D.R.B. Approval March 21, 1988 City Engineer Review March/April 1988 Construction May, June, 1988 COMPLIANCE: DEVELOPMENT ORDINANCE STANDARDS. The project is a major development and shall comply with procedures outlined in Section 49.300 of the Development Code. Section 1.005 Historical Resource Preservation There are no historic existing structures or historic natural features on the site. Section 2.005 Building Design Single family detached homes are not subject to develop- ment review. The design and construction of these homes will be monitored by the building permit process, Mountain Park C.C. and R.S. and the Mountain Park - 2 - f 8411 BCE MOUNTAIN PARK February 3, 1988 Development Application -- Architectural review committee. The houses will be carefully cited to complement and preserve existing landforms, tree masses and other natural vegetation. . , Section 3.005 Stream Corridors The property does not contain a designated stream corr- . idor. City staff has expressed concern over impact to the existing drainage swale on Block 46. It originates at a storm sewer outfall pipe adjacent to Hidalgo and flows diagonally across Block 46 towards the northeast corner of the site. A memo from Andy Harris of the'Lake Oswego Planning Department is included in the appendix which summarizes his concerns. We have had the oppor- tunity to review preliminary designs with City staff and are addressing their concerns on the drainage swale. • 3.025 Standards for Construction Erosion control refer to 16.005 for a detailed descrrip- tion of erosion control measures that will be utilized on the project. S Landscaping - A 20 foot wide easement is proposed over the drainage swale. The existing outfall pipe below Hidalgo will be connected to a proposed storm line which • • will conduct the runoff water down to an open space tract in the northeast corner of the property. The run- off water will daylight into a detention area utilized to restrict the rate of flow off the property. All dis- turbed areas within the swale will be hydroseeded and the detention area in the open space tra. . will be re- vegetated with native materials that are d combination of palustrine scrub shrub, palustrine broadleaf decid-n uous shrubs and palustrine forested plant materials.' This indigenous re-vegetation will minimize erosion and maintain ground water quality. Section 3.035 Procedures This proposed treatment of the drainage swale has been reviewed with City staff. T1', project layout has been modified to respond to the drainage concerns. A detailed site survey and grading plan for the detention, of storm water are included in the appendix in support ' of this proposal. it Section 4.005 Wetlands This development does not contain any designated wetlands. • - 3 - ou4�.2 , 1 • BCE MOUNTAIN PARK February 3, 1988 Develoument annlin Section 5.005 Street Lights Section 5.020 Standards for Approval 2I 1.A. All of the proposed building sites front existing 6'40 public right-of-ways with the exception of Lots 15 through 18 which take access from a private drive, adequate lighting exists adjacent to all building sites, no street lights are proposed as part of this development. l.B. The spacing of the existing light fixtures is ade- quate and in compliance with the Mountain Park P.U.D. • 2. This development does not contain arterial streets. The arterial lighting standards do not apply. 3. No public pathways or accessways are proposed, therefore, no illumination off street is required. • 4. Parking lots - no parking lots are proposed. Therefore, the parking lot lighting standards do not apply. Section 6.005 Transit System Section 6.020 Standards for Approval 1. "All major developments are required to provide facilities to serve multiple passenger transit." The Mountain Park P.U.D. designates exactly where sidewalks are to be installed within the overall development. No sidewalks are indicated adjacent to or along the frontages of the subject property. Therefore, no sidewalks for pedestrians bound for mass transit stops are proposed with this development. Section 7.005 Parking and Loading Standard This development does not generate a parking and loading need. Therefore, this standard does not apply. Section 8.005 Park and Open Space 1. "All major residential development and office cam- pus development shall provide open space or park- land approved by the City in an aggregate amount equal to at least 20 percent of the gross land area of development." - 4 - 84I.3 • r d r BCE MOUNTAIN PARK February 3, 1988 44N DMelopment Application • The Mountain Park P.U.D. specifies a network or open space throughout the development. This project provides additional open space adjacent to the north property line and next to the ;jrsusc. terrace access point. Tract 'L' an open spsou parcel along Garibaldi, will be reconfigured shown on the plan. This revision to the open space network has been approved by the Mountain Park Architectural Committee and Executive Board of Directors. Section 8.035 Procedures 1. The open space tracts are clearly indicated on the attached development plans. 2. The open space tracts will be recorded with the final plat and protected by the current Mountain Park C. C. and R's. 4. Criteria for open space - The proposed configuration of open space meets the requirements of the Mountain Park P.U.D. and expands on the intent of the P.U.D. by adding an increased buffer zone on the northern boundary of the P.U.D., providing protective open space along the drain- ageway, preserving treed areas, and providing a buffer adjacent to the grouse terrace access point. 5. The final open space configuration will be approved by City staff. Section 9.005 Landscaping, Screening and Buffering Because the development proposes only single family residences, a landscape Flan is not required for the lot areas. Section 9.020 Standards for Approval Standards 1,2 and 3 do not apply to single family • residential projects. 4. Street trees will be installed along Hidalgo and Garibaldi Streets in conformance with city standards at the time of house construction. - 5 - � ,. . 8/1141 • BCE MOUNTAIN PARK February 3, 1908 '�` Development Application 5. Parking lots - no parking lots are proposed. 6. Screening and buffering the site is currently densely vegetated. No screening or buffering will , be required because all abutting development is , single family on similar sized lots. Section 9.025 Installation and Construction Standards All standards for installation and construction will conform to the City's requirements. Section 9.030 Maintenance Standards • All standards for maintenance will conform to the City's . requirements. 1w • • ' Section 10.005 Fences 1. All fence construction will comply with IOC 50.350. • 2. No fences will be constructed over 6 feet, in • ' height. The choice of installing fences willk be ',' left to the individual lot owners at the time. of house construction. No fences will be allowed within easements or open space tracts. • Section 11.005 Drainage Standard . Section 11.030 Standards for Approval • 1. Access easements will be provided on the final plat for all drainage facilities. All easements are sized to allow access for maintenance and inspection. 2. Water Runoff Quality - The drainage system will be constructed with temporary sediment control measures as outlined in Section 16.005 erosion control. The permanent drainage system will consist of one storm water detention area located in the northeast corner of the property constructed in accordance with the City's standard construction , specifications and drawings. 3. Drainage pattern - No alterations to the existing r drainage pattern is proposed. ' - 6 - 8415 . „ BCE MOUNTAIN PPJU February 3, 1988 Resrel.QDm=t—AS lication _, ______ 4. Storm water detention - One facility is proposed in . the northeast corner of the site, refer to the storm drainage calculations in the appendix for a complete description of the proposed improvements. 5. Storm water management - The Proposed drainage system will meet the City's storm water management requirements, refer to the storm drainage 1 calculations for support data. • Section 12.005 Minor Developments This section does not apply to this project. • Section 13.005 Weak Foundations The site is designated as having potential for sere • • limitation in the comprehensive plan. A soils \ investigation report by John McDonald, consulting soils Engineer, is included in the appendix of the report. Section 14.005 Utilities 1.A. Sanitary Sewers: All proposed lots will be connected to the adjacent existing sewer lines which are sized to accommodate this site. i.B. Water Distribution Systems: Existing water maiips in Hidalgo, Garibaldi, and Grouse Terrace are adequate to serve the project. 1.C. Sidewalks: No sidewalks or pedestrian paths are • proposed as part of this project. • 1.D. Street Signs: No street signs are required on this project. • 1.E. Traffic Signs: No traffic signs are required on , • this project. "..F. Street Lights: Existing street lights on Garibaldi, Hidalgo, and Grouse Terrace provide adequate illumination for the site. 1.G. All utility lines will be underground. . r 7 - 8:116 Lry \. ♦ tl BCE MOUNTAIN PARR February 3, 1988 N. neMaloplp n az.P tiSN-- r 1.H. Streets: Lots 1 and 2 will take access from Hidalgo. Lots 3 thru 9 will access on Garibaldi. Lots 10 thru 14 will access on Hidalgo. Lots 15 thru 18 will be accessed by a newly constructed private drive. 1.I. Underground television cable will be installed to serve each lot. .�•- 2. Easements: Required Easements will be furnished to • City standards. o }` 3. The surrounding existing sewer lines are si:ied o •nf,• accommodate the proposed 18 lots. 4. 4. The existing sewer system as well as the proposed sewer on site is sized to accommodate the surrounding building areas that will require access to the system. , • 5. Sewers will be designed and constructed to City • i standards and specifications, including pipe sizes ( i and materials, manholes, cleanouts, trenching, and backfill as well as individual lot service laterals. Refer to the attached utility plan in the appendix. 6. Water: The proposed water system adjacent to the property is adequate for both domestth service and fire protection. • 7. The water system existing in adjacent right-of- ways is sized to accommodate the complete development of the areas. y 8. One water—service line Will be furnished to each proposed building lot. The system is designed to supply fire flow requirements in compliance with LOC Chapter 45. 15.005 Residential Density 15.020 Standards for Approval 1. The Comprehensive Plan and Mountain Park P.U.D. 1/' , designate the site R-0. It is approved for 134 apartments or 20.6 units per acre. • _ 8 _ 8417 BCE MOUNTAIN PARR February 3, 1988 Develomnt aLlilli••�* on 2. No density transfers are requested as part of this application. 3. No lot size protections are requested. 15.035 Procedures Residential Density Calculations • 307,098 Sq. Ft. ± Total Size 287,098 Sq. Ft. + Net Development Area 18 Propcsed Number of Units o ' .36 D.U.:/Acre. Density This project density' is well within the density requirements. i6.005 Hillside Protection and Erosion Control 16.020 Standards for Approval 1. Density has been decreased and the project has been carefully designed to minimize the disturbance of natural topography, vegetation and soils. 2. The proposed road design follows the existing terrains closely as possible to minimize cut and fill requirements. 3. Cuts and fills will conform to the minimum requirements of LOC Chapter 45. 4. According to the preliminary soils investigation development limitations do exist on the ate. Refer to the soils report included in the Appendix. 5. Cuts and fills on land with an excess of 12% slope will conform to LOC Chapter 45. 6. Roads. Refer to the preliminary plat typical proposed road cross-section and drainage control measures. - 9 - 8L118 BCE MOUNTAIN PARK February 3, 1988 peyelonnent Annlication 7. No land in excess of 50% slope exists on site. Note: A detailed erosion control plan will be prepared and submitted to the City for review prior to final construction plan approval. 17.005 Floodplains There are no floodplains on this site; therefore,n this section does not apply. 18.005 Access 18.020 Standards nr Approval 1. Lots 1 through 14 have the required frontage on public right-of-ways. Lots 15 through 18 will take access from a proposed private drive which connects to Grouse Terrace. 2. Access design shall be based on the following five criteria: (_ A. The topography allows adequate access to all lots from Hidalgo, Garibaldi and Grouse Terrace Streets. B. The development will generate 180 vehicle trips per day. C. Access points. All 3 existing access .streets are classified as neighborhood streets on the comprehensive plan. D. No ADT data is available for Hidalgo, Garibaldi, or Grouse Terrace Streets. 3. This development does not access an arterial street. 4. Each proposed lot has access to a residential stilt. 5. No public road construction is proposed on this project. 6. Adequate access to the site does exit. - 10 - 8410 BCE MOUNTAIN PARK February 3, 1988 19.005 Site Circulation 19.020 Standards for Approval 1. One private street is proposed to access Lots 15 through 18 adjacent to Grouse Terrace. it is designed to meet public works and fire protection requirements. An enlarged site/ grading plan and cross-section describing the road is included in the Appendix. 2. Only one driveway is proposed for each single family lot. 20.005 Site Circulation, Bikeways and Walkways 20.020 Standards for Approval No bikeways or walkways are proposed as part of this application. Exact locations for walks and bikeways are dictated by the Mountain Park P.U.D. Document. No walks or bikeways are designated for this site or adjacent sites. • - 11 - „4 V MAR 111988 • Cy of►o►e OowMa March 4, 1988 D119100M)SWIM Mr. Hasid Pishvaie CITY OF LAKE OSWEGO PO Box 369 Lake Oswego, OR 97035 RE: BCE DEVELOPMENT/MT. PARR PARCEL - Additional Information Project #1792 Dear Hamid: The following are responses to your request for additional information regarding PD 3-88 (BCE Development, Inc.) . 1. variance - A variance request and form are •ctached affecting access to Lots 15-18. , 2. Hetback Modification Request - Modifications to the ' setback requirements of the underlying R-0 Zoning are requested. The setbacks on the perimeter of the site were intended to provide separation of uses between pro- posed apartments and the existing adjacent single family residential. These setback requirements no longer apply with the change of use to single family the setbacks proposed on the perimeter of the site and on the inter- ior are basically intended to match those used on sur- rounding single family developments. Setback Summary: Lots 1, 2: Front - 20' from curb line Side - 7' • Rear - 20' t Lots 4, 5, 6, 7, 8, 9: fly Front - 20' from curb line . Side - 7' Rear - 20' • - 1 - 'r.j!,� EXHIBIT 16 8,12 \0 4 PDT-t • Mr. Hasid Pishvaie March 4, 1988 CITY OF LAKE OSWEGO • el • • Lots 10, 11, 12, 13, 14 Front - 20' from curb line Rear - 20' Lots 15, 16, 17, 18: Front - 20' Side - 7' • Rear - 20' 3. getlattinq Tracts 'N' and 'A' will be replatted to reflect an increase in area created by this project. Also, Tract 'L' will be replatted in its new configura- tion with an increase in area. Thses tracts will be deeded over to the Mt. Park Homeowner's Association for control and management. •4. Street Trees - A street tree planting scheme with red oaks at 30 foot spacing has been added to the site plan. These trees will be planted at the time of single family house construction to insure proper maintenance. 5. Erivate Drive Grading - A complete grading plan and cen- (+"` terline profile is included in the drawings. The deten- tion facility has been eliminated at the request of City Staff (Andy Harris). It is replaced with a rock line drainage swell which will conduct storm water from the back of Lots 12 and 13 to the northeast corner of the site, where it will continue on to the east in its nat- ural drainage channel. This revision was requested due to lack of easy access to the prior proposed detention facility. Storm drainage calculations will be modified at the construction document stage to reflect this lat- est revision. 6. Request for comments (Wayne Halverson) : • (1) Private Driveway: A complete grading plan and centerline profile is included in the drawings. (2) Cuts and fills are shown in the drawings. (3) Drainage: A catch basin.has been added to prevent ' storm water runoff from the private drive onto the public right-of-way (Grouse Terrace) . *00 8422 • Mr. Hamid Pishvaie March 4, 1988 C.T.TY OF LAKE OSWEGO 6. Soils Report - A soils report is included in the Dev- elopment Review Submittal. It was prepared by John McDonald, November 16, 1987. V 7. Road Fills. Cuts - The site plan shows easements over the cut and fill slopes for both Hidalgo and Garibaldi Streets. All building envelopes will be restricted from these areas. 13. Fire Hydrants - The fire hydrant is shown on the utility plan adjacent to Grouse Terrace. 7. Utilities - Water service locations for each lot are on the composite utility plan. Storm sewer and associated easements are shown on the utility plan adjacent to Grouse Terrace. '8. The private drive slopes do exceed the 15% public street standards. The drive is designed to minimize impact to the site. It has a 3% slope for 25 feet at the access point to Grouse Terrace. It climbs at 20% for a short distance and then 15% up to Lots 16 and 15. 9. Easements - The fill and slope easements required adja- cent to Hidalgo and Garibaldi Streets are shown on the plan. Respectfully, OTAK, INCORPORATED Don Hanson, A.S.L.A. Lanscape Architect i Planner DH:sw/1792 ENC - 3 - 81133 VARIANCE REQUEST 18.020 states that "Every lot shall abut a street for a width of at least 35 ft." Lots 15-18 of the proposed development do not have 25 feet frontage on a 'public' street. These lots will be accessed by a proposed private drive to be constructed from Grouse Terrace, which is a dedicated public right-of-way. therefore, a variance is required. The following are responses to the four criteria for evaluating variance requests. • A. Hardship - The proposed access road servicing Lots 15-18 is the only feasible way to access these single family home sites. The steep slopes do not allow access from Hidalgo Street to this portion of the site. Constructing this private drive will accommodate emergency vehicles, control vehicular circulation, "open the area up" for development and result in the least possible disturbance to the site. • Without this variance allowing construction of the private drive, approximately 3.0 acres of the site would be left without feasible access for development which would result in hardship on the land owner. ` " S. pot Injurious to Neighborhood - The private drive is pro- posed with open space tracts on either side adjacent to the cul-de-sac on Grouse Terrace. This will provide adequate buffering and screen auto noise and headlight glare from adjacent residences. The proposed lots are oversized, ranging from 17,485 sq. ft. to 30,625 sq. ft. area. This will minimize the site coverage ratio and result in the preservation of more trees and other vegetation which adds to the natural quality of the immediate area. The large lot size and price range of the proposed homes will also benefit surrounding residential property values. Traffic generation will be limited to 40 vehicle trips per day which will not exceed the capability of Grouse terrace. The size and con- figuration of these four proposed lots will benefit the district. C. T4inimum Variance Necessary - The size of the lots indicates • that the applicant is not overbuilding this portion of the site. This variance is requested for only four lots which , is the minimum amount necessary to justify construction cost for the private drive. Constructing the private drive pro- vides safe, convenient access, minimizes impact, and allows reasonable use of the property. • D. Conflict with Comprehensive Plan - Constructing the proposed private road to City of Lake Oswego standards implements the intent of the comprehensive plan by providing access to the lower portion of the site from Grouse Terrace. 4 EXHIBIT ft 11 $424 n • JOHN McDONALD ENGINEERING SOILS-CIVIL-GEOTECHNICAL Groond•Penetrating RADAR 10116 S.E.STANLEY AVENUE PORTLAND,OREGON 97222 (5031774.0077 November 16, 1987 OTAK, Inc. 17355 SW Boones Ferry Road Lake Oswego, Oregon 97034 • 0' INVESTIGATION OF MOUNTAIN PARK SUBDIVISION. AREA The subdivision area is bounded by. Garibaldi, Stephenson, and the culdesac of Grouse Terrace. Before development the entire area was investigated by others and found to be stable. Some problems arose during street cuts and fills and the purpose of the present investigation is to assess the present conditions. There are two rockfills visible, one extending down from Garibaldi two—thirds of the way to Hidalgo, and the other extending down from Hidalgo. In 1979 and 1980 I was retained by the Daon Corporation to inspect the rock placement and to research the previous work on the original fill and remedial work. My conclusion was that the original fill slopes on Hidalgo and Garibaldi were designed • and built too steeply. After they failed they were repaired by dumping material and blading it up and down the slopes. In my opinion this added material failed and sloughed down the hill because there was no benching or bonding between the new and the old material. • The rockfills were the second remedial try and their placement was continuously inspected by three soils engineers on behalf of the owner, the contractor, and the original engineer. A large clamshell crane was used to excavate soft surface soils and to form level benches. It could not reach quite to the toe of the slope but it was close. Some of the first rockfill was dumped from the top but then things were changed so that the rock material Was placed on the benches by the clamshell. In my opinion the work was well enough done that the rockfill is quite stable. Rockfill will be stable at slopes of 75 and 80 percent and these rockfill slopes vary from 55 to 62 percent below Hidalgi and 65 percent below Garibaldi, so there is a large safety factor. A close inspection of both surfaces shows that no slippage or bulging has taken place in the past eight years. The upper three to seven feet of soil in this part of Mountain Park is silt that was blown in by the wind. The reddish soil underneath Was derived from the volcanic ro EXHIBIT 8425 ' i material. Even though the soil is classified as Cascade Soil by the SCS Multnomah County Soil Survey and has a seasonal perched water table, groundwater can still ,4110 permeate down to deeper soil depths. This is the only explanation for the lack of creeks and waterways on Mountain Park. The seasonal perched water table was cut into by the road cuts and this water tends to leak out near the top of the road cuts and to contribute to the erosion of the cutbank soil. % The cutbanks on the high side of Hidalgo were cut quite steeply and were rather fresh in 1979. Planar surfaces in the soil were visible that were steeper than the cutbank slopes and it was clear at' the time that there was going to be some minor erosion and slumping. Now it can be seen that the slumped soils have been eroding into the street to be washed away in the gutters. Even now, careful trimming with a knife can disclose two sets of these planar surfaces, one at 70 degrees down from horizontal and one at 55 degrees down from horizontal. These ranges of angles have been explained by theoretical and observational research on windblown "loess" soils and they represent slopes that are stable for different heights of cutbanks. For our purposes though, the main thing is that any failures in these slopes will be shallow and of an erosional nature. To stabilize these eroding cutbanks it is recommended C ' that a shale;•nc, cutoff trench be dug parallel to the cutbank edge and d'. p ,-nough to reach the mottled layer on which • the season, ' , c'hed water table flows. Trench segments should be linod with filter fabric, filled with rounded drain rock, ara provided with a pipe outlet to lead the water safely down to the street curb. After this water has been cut off, the slopes should be able to be planted so that the plant roots can help stabilize the soil. Some flattening of the cutbanks will be needed because the eroded soils are loose, but it probably will be less expensive to remove soil from the toe of the slope a few times while the plants are getting well rooted than to excavate to the flatter slope all at once. The ground surface slopes vary from around 25 percent in the northeasst corner of the subdivision area to 40 percent or more in the higher elevations. Some of the street fills along Garibaldi are at 70 percent slope. In general, after the ground gets to be steeper than around 35 percent, houses on regular spread footings get to be harder to build. There is a break point after which pile support for houser is the most stable form of support. Even though the soils themselves have proven to be stable at their natural slopes a special investigation should be made for lots where regular spread footings are desired to be used on slopes steeper than 35 percent. 8426 11 ORDINANCE NO. 1411 AN ORDINANCE RE-ENACTING AMENDMENTS TO THE ZONING MAP OF THE CITY OF LAKE OSWEGO BY RE-ESTABLISHING A PLANNED UNIT DEVELOPMENT ZONE WITH AN UNDERLYING SR-10 ZONE ON PROPERTY DESCRIBED IN THIS ORDINANCE. WHEREAS, the owner of certain property within the boundaries of the City of Lake Oswego has submitted a planned unit development for review by the Planning , Commission known as Phases I through V of the Mountain Park Development; and WHEREAS, the Planning Commission recommended adoption of the planned unit development for each phase and the City Council has heretofore enacted ordinances amending the zoning map establishing a planned unit development zone for the said phases; and b WHEREAS, the City proposes to re-enact the ordinances amending the zoning ; p establishing the said planned unit developroceduralt in defectseinto theuoriginalect and enactmentetdand ate any WHEREAS, the Planning Commission has by various resole- , ments for recalle dedive pthe hases of Mountaition n f the Par planned unit develop- THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS: SECTION 1. The City of keOstegoe CdoestherebyUre-enact the amendments to the zoning map of land hereafter describe n this ordinance tonre-adoptopment thereon as the zone for aid property a planned as shown by the applicant for saipertysChereinafterin. described and as specifically approvedby the SECTION 2. Re-adoption of the planned unit development for Phase I o Mountain Park as shown upon the tdevelopment mentmplanof and exhibit submitted by the applicant said Phase I is hereby granted Upon the following conditions: 1. Re-adoption of a planned Unit development for Phase I of Mountain Park Development is approved as shown on Exhibit "A" of the Mountain Park Development plan and an underlying zone of SR-10 is hereby re-established for said Phase I of the planned Unit development. The City hereby re-adopts Fire Zone II for Block 6 of the garden apartments and Block 7 of the commercial development shown on said Exhibit "A" of said planned unit development. The City re-adopts Fire Zone 111 for all other land within said Phase I of Mountain Park Planned Unit Development. The City does hereby rre-adoptg t Sections off-street 96, 97, and 98 of the City Zoning Code parking and loading regulations for all of Phase I of said Mountain Park Planned Unit Development, The City dots hcreby Page 1. Ordinance No. 1t11 EXHIBIT :. 13 Pi 842 i Bu Code din of Phase I, Mountain.Park PlannedyUnitlDevelopment r all • 2. The City does hereby re-adopt Exhibit "B," a Landscape Map for Phase I of Mountain Park Planned Unit Develop- ment. 3. The City does hereby re-adopt Exhibit "c," "C-1," "C-2," "C-3," "C_4," "C-5," "C-6," "C-7," "C-8," "C-9," "C-10," "C-11," "C-12," and "C-13," all exhibits of the Road and'Street Plan for Phase I of the Mountain Park Planned Unit Development. • The re-adoption of said exhibits does not approve or determine '. the present condition, right-of-way, location, grade or width of Kerr Parkway to the south of said Phase I development. • • 4. The City does re-adopt Exhibit "D," a preliminary t , plat of Phase I, Mountain Park Planned Unit Development, with the private road easements and widths of right-of-way set forth i , thereon and with a 20-foot easement adjacent to the north of the right-of-way line of Kerr Parkway for possible future road f 1 widening. ` 5. Exhibit "E" of the development plan being the building 1 setback plan is re-adopted. 6. Exhibit "F" of the Planned Unit Development storm sewer plan is hereby re-adopted. ' 7. Exhibit "G", a Street-Lighting Plan for said Phase I, is expressly re-adopted and the developer is granted permission to make such adjustment of the lighting system as may be in the best interest of the community, so long as said system equals or exceeds the IES lighting standards as shown upon said plan. 8. The City does ag pressly re-adopt Exhibit "H," Phase I, Sanitary Sewer Plan, lonsisting of Exhibit "H," "H-1," C t "H-2," "H-3" "H-4," and "H-5" provided expressly that house- side sewers shall be extended from all lateral sewers as shown to the property line of each lot to be served. 9, The City expressly re-adopts Exhibit "I," Phase i- I, Water System, upon the express condition that services shall be extended from the Water main to the outside edge of the improved roadway as shown for each lot to be served, • 10. The city of Lake Oswego expressly re-adopts the written program submitted by the applicant for the Planned , , Unit Development and made a part of the Planned Unit Development hereby adopted, SECTION 3. Re-adoption of the planned Unit development for Phase II of Mountain Park as shown upon the development • • plan and exhibits submitted by the applicant for the develop- ' ment of said Phase II Planned Unit Development is hereby granted upon the following conditions! ' o e Page 2. Ordinance No. 1411 A . 1. Re-adoption of a planned unit development for Phase II of Mountain Park Development is approved as shown on the Density Plan of the Mountain Park Development plan and an 1 e underlying zone is hereby re-established of SR-10 for said Phase II of the planned unit development. The City hereby re- 1 adopts Fire Zone 2 for Area No. 2 (general commercial, Area Nn, 3 (hospital), and Arun 1 and 5 (garden apartments), as shown on said land use and density plan. The City re- . adopts Fire Zone 3 for all other land within said Phase II of Mountain Park Planned Unit Development. The City does hereby ' re-adopt Sections 96, '97 and 98 of the City Zoning Code relating ' 1 to off-street parking and loading regulations for all of Phase I1 of said Mountain Park Planned Unit Development. The City does hereby re-adopt Section 6-8.1 of the City Building Code for all of Phase II, Mountain Park Planned Unit Development. 2. The City does hereby re-adopt the Landscape Plan and Pedestrian Trails exhibit for Phase II of Mountain Park ' Planned Unit Development. c 3. The City does hereby re-adopt the Preliminary Plat y• ' of Phase II, Mountain Park Planned Unit Development as set ' forth in the attached exhibit, with the private road easements ,. and widths of rights-of-way set forth thereon and upon the express condition that the developer be required to provide an easement for the future Widening of Boones Ferry Road, the width of this easement to be determined upon consultation between the developer, the County Engineer, and the City Engineering Department, and that said easement shall be shown . on the final subdivision plat. ".,,,, `• 4. The City does hereby re-adopt the Setback Plan of Phase 11, Mountain Park Planned Unit Development as shown on the attached exhibit, including the 20-foot rear yard setback for Area No. 6, duplexes, in lieu of the required 25-foot setback. 1 ' 5. The City does hereby re-adopt the Street Lighting Plan of Phase II, Mountain Park"Planned Unit Development as shown on the attached exhibit with the express requirement , • that the street lights for Phase II meet the same specifications , for the street lighting submitted and approved for the final development plans for Phase I, Mountain Park Planned Unit Development. 6. The City does hereby re-adopt the Preliminary Sewer Design for Phase II, Mountain Park Planned Unit Development as shown on the attached exhibit. 7. The City does hereby re-adopt the Preliminary Water Design for Phase II, Mountain Park Planned Unit Development as shown on the attached exhibit, upon the express condition that • the water system plans for Phase I1 be revised as recommended by CN2M in a report dated June 25, 1968, which report is ,/ expressly made a part hereof by this reference, and that the fire hydrant locations as recommended in the same report be made a part of the development requirements. 8. The City does hereby re-adopt the Preliminary Storm • • Drainage Design for Phabc II, Mountain Path Planned Unit DeVelopment as shown on the attached exhibit. Page 3, Ordinance Nb. 1p11 84 2 D • • • 9. The City does hereby re-adopt the proposed street plan for Phase IT, Mountain Park Planned Unit Development, as , shown on the attached Preliminary Plat exhibit, including the typical street sections approved for Phase I, Mountain Park f Planned Unit Development, and upon the express condition that the street section for Green Ridge be increased from a 28-foot width as shown on the plan to a 36-foot width as indicated in the written program, and that the intersections be modified as shown on the aforementioned plan. • 10. The City does hereby exhibits attached heretowhich re-adopt relatetoathell oplans whichf the nhave j, . been specifically re-adopted by this section. • 11. The City does hereby re-adopt the covenants, conditions and restrictions approved for Phase I, Mountain Park Planned Unit Development for Phase II of Mountain Park Planned Unit Development. SECTION 4. Re-adoption of the planned unit development for Phase III of Mountain Park as shown upon the development plan and exhibits submitted by the applicant for the development of Phase III Planned Unit Development is hereby granted upon the following conditions: • 1. Re-adoption of a planned unit development for Phase III of Mountain Park Development is re-adopted as shown on the Land Use 6 City Map of the Mountain Park Development Plan accompanied and attached to this ordinance and marked Exhibit"B", and made a part hereof. An Underlying zone is hereby re- established of SR-10 for said Phase III of the Planned Unit Development, The City hereby re-adopts Fire Zone II for garden apartments, special use and general commercial areas, and the City does hereby re-adopt Fire Zone III for all other lands within said Phase III of Mountain Park Planned Unit Development as shown on the exhibits attached hereto. The City does hereby re-adopt Sections 96, 97 and 98 of the City Zoning Code relating ) to• PhaseflliroftsaidkMountainlParknPlannedaUnits for all Development. a The City does hereby re-adopt Section 6-8.1 of the City Building Code for all of Phase III, Mountain Park Planned Unit Development, 2, The City does hereby re-adopt the Landscape Plan marked Exhbit "C" accompanying this ordinance and made a part hereof for Phase IIl of Mountain Park Planned Unit DeVelopment provided said Landscape Plan is to be amended subject to the submission and approval of detail plans for the Kerr Parkway pedestrian and equestrian overpass as shown upon said Exhibit "Chi 3, The City does hereby re-adopt the Preliminary Plat, a butnotilimitedptonthearked requirediright-of-waycanically slopeincluding easement on Kerr Parkway and the existing roadway widening easements as shown on said Exhibit "D", Provided further that the standard of streetlighting meet the same requirements'as the streetlight system approved by the city Council for Mountain Park Phase I Planned Unit Development, The City shall participate in the e costs of installirg the four off-site street lights bn Kerr i. Page 4. Ordinance No. 1411 4 8430 . • 4 • , • 1 Parkway denominated as "Proposed Fixture No. ALB-357" as shown , upon Exhibit "B". Provided, however, that the City's share for said installed costs shall be no greater than the City's cost • for installing four conventional type street lights as used within the City of Lake Oswego at the present time. • 'J 4. The City does hereby re-adopt the Building Set Back Plan and Street Addresses ae shown upon Exhibit "E" of Mountain 1`1 ,' Park Phase III, wherein the set backs are indicated by legend • and color coding. ,' 5. The City does hereby re-adopt the Preliminary Street, Pedestrian, Equestrian Underpass Design as shown upon Exhibit "F", of Mountain Park Planned Unit Development, ,_ 6. The City does hereby re-adopt the Sewer and Water System Plan marked Exhibit "G", "G-1," "G-2," "G-3," and ' "G-4," for Phase III of Mountain Park Development. 7. The City does hereby re-adopt the Preliminary Street , and Drainage Plan as shown in Exhibits "H," "H-1," "H-2," • !) "H-3," "H-4," and "H-5," and incorporates them into this ordinance for Mountain Park Planned Unit Development Phase , , , III. Provided that the reservation of right-of-way and slope easement for Kerr Parkway as shown on Exhibit "H-5" necessary • • l' for the future improvements of Kerr Parkway shall be maintained and kept available for improvements as may be undertaken by IY•:. joint action between the County of Clackamas, City of Lake Oswego, and the owners of Mountain Park Corporation. ,'A 8. The City does hereby re-adopt the covenants, conditions and restrictions approved for Phase I, Mountain Park Planned . Unit Development and does hereby adopt and apply them to g� Phase III of Mountain Park Planned Unit Development. SECTION S. Re-adoption of the planned unit development for " PhP=e IV of Mountain Park as shown upon the development plan • .� and exhibits submitted by the applicant for the development of 4 Phase IV Planned Unit Development is hereby granted upon the , following conditionst 1, Re-adoption of a Planned Unit Development for Phase IV of Mountain Park is re-adopted as shown on Exhibit "B" and • Exhibit L" as they have been amended as attached to this ordinance, An underlying zone of SR-10 is re-adopted for Phase IV of said Planned Unit Development. Fire Zone II for the garden apartments and commercial areas is hereby re-adopted, Fire Zone , ^ 1 III is hereby re-adopted for all other lands Within the said . Phase 1V of Mountain Park Planned Unit Development. The City does hereby expressly re-adopt Sections'96, 97 and 98 , .4 of the City Zoning Code'relating to off-street parking and loading regulations for all of Phase IV Of said Mountain (11:10 ' ' I Park Planned Unit Development. The City does hereby re. adopt Section 6-e.1 of the City Building Code for all of Phase IV of Mountain Park Planned Unit Development. 2, The City 'aloes hereby re-adopt the Landscape Plan ' • marked Exhibit "C" accompanying this ordinance and made a part hereof for Phase IV of Mountain Park Planned Unit Development . , ' as it has been amended as shown by the master "Landscape Map •1 ^ Page 5. Ordinance No,1411 + G , , ;a. P; -At rF, t; , , y. +r , • Phase IV" attached to this ordinance and made a part hereof. ' 3, The City does hereby re-adopt the Street aad,Drainage Plan for Phase IV as shown on Exhibits "H", "H-1," "H-2," "II-3," and "H-4" as they have been amended on the master Street and Drainage Plan made a part of this ordinance. The reservation of rights-of-way on Stevenson Road and Boones Ferry Road is shown on Exhibit "H' is necessary for required improve- ments as may be agreed between Multnomah County and the property owner. Stevenson Road and Boones Ferry Road as shown on Exhibit I. "H" shall not become part of the City of Lake Oswego's street system. 4. The City does hereby re-adopt the Preliminary Plat • Phase IV Mountain Park Planned Unit Development as shown on amended "Exhibit D" which master Preliminary Plat is attached to this ordinance and made a part hereof. The City does re- a °j adopt the Street Lighting Plan for Phase IV Mountain Park G Planned Unit Development as shown on amended Exhibit "D" and said master Street Lighting Plan is attached to this ordinance and made a part hereof. The City further conditions its re-adoption of the Street Lighting Plan upon the condition that the street lighting meet the same requirements as the street light system approved by the City Council for Mountain Park Phase I Planned Unit Development. , 5. The City of Lake Oswego•does hereby re-adopt the • Building Set Back and the Street Address Plan for Phase IV I Mountain Park Planned Unit Development as shown on Exhibit "E" wherein the Set Backs are indicated by legend and color coding. Said master Set Back Plan is made a part of this ordinance and ' i attached hereto. 6. The City does hereby re-adopt the Sewer Plan for • . Phase IV of Mountain Park Planned Unit Development as shown on Exhibit "G", "G-1," "G-2," "G-3," and "G-4" as shown by • ' • amendments thereon and the master SeWer Plan is made a part of (...) this ordinance as amended. The City shall, upon request of the owner-developer, decide between the alternates proposed for sewage disposal for Phase IV of Mountain Park Planned Unit Development and shall so advise the developer regarding the method of disposal requested by the City, and the developer shall pay all costs for constructing the facilities as set forth on Exhibits "G," "G-1," "G-2,' "G-3." and "G-4" and as directed by the City. The Water System is re-adopted as set forth in Exhibit "G" and is conditioned that structures Will • be located below the elevation of 720 feet above sea level 4 (U.S.C. I, G.S, datum) and approval of building permits for these structures will be subject to the Water systems' capability • • to provide adequate fire protection. 7. The City does hereby re-adopt the covenants, conditions ' . and restrictions approved and adopted for Phase I, Phase II and ,,. Phase Ill of Mountain Park Planned Uhit Development and hereby does re-adopt and re-apply those covenants, conditions and restrictions to Phase IV of Mountain Park Plahhed Unit Developments SECTION 6. Re-adoption of the planned unit developmeht for Phase v of mountain Pars' as shown upon tho development plan and 1 , exhibits submitted by the applicant for the drveiopment of Phase Page 6. ' Ordinance No, 1411 3/132 , '. o . . V Planned Unit Development is hereby granted 'upon the following conditions , ON 1. Re-adoption of a Planned'Unit Development for Phase V of , - Mountain Park is re-adopted as'shown On Exhibit "A" as attached , . to this ordinance. An underlying tohe'of SRL10 i"s re-adopted for Phase VV of said Planned Unit Develbpaeht. Fire Zone I for i. commercial areas within the "Town Center" is hereby re-adopted. Fire Zone II for the garden apartments is heiieby re-adopteI. Fire Zone III is hereby re-adbpted for ail,other lands within said Phase V of Mountain Park Planned Unit Development. ` 1 • 2. The City does hereby expreesl 're-adopt"Sectiobb -1. 96, 97 and 98 of the City Zoning Code relating to.6ff-street'. parking and' loading regulations for"all of Phase V of'baid Mountain Park Planned unit Development. ' The City does hereby re-adopt Section '6-8.1 of the City Building Code for'all , of Phase V of Mountaih Park Planned Unit'Development. ` • 3. The re-adoption of the Planned Unit Development is conditioned upon the owner-developer submitting to the Department of Public ",rks for review all plans and"specific4tions for con- struction ui public utilities including roads, curbs, sewers, water lines, electrical utilities and drainage together with a lighting plan in conformity with the plans and'standards hereto- , fore re-adopted in Phases I, II, III and'IV and in conformity , with the exhibits attached to this ordinance denominated Exhibits • "B", "C" and "D". Said plans to be reviewed by the Director of Public Works for conformity With the final development plan and for conformity with all ordinances of the city of Lake Opwego . in effect at the time of submission of Said plan. In the event any substantial change takes place in said plan, or substantial change takes place in the land Use'or architectural concept of the Planned Unit Development, the Director of Public Works and • the Planning Director shall submit the said plan and changes in f.4 a report to the Planning Commission of the City of Lake'Oswego for reView and approval or rejection'. . 4. The completion date for said Planted Unit Development Phase V shall be extended to January 1, 1979, proVided sUb- stantial Uninterrupted development of Phase V continues here- . after, Provided, further, that, the City may restrict building of structures requiring water and sewerage'serVice above eleVation 720' feet above sea level (U,S.C. 6 G.S, datum) pending • adequate financing of water reservoirs, pumps and mains, to serve . the higher eleVation. 5. The City does re-adopt the written program submitted ` by the owner-developer as modified thereon and as attached* , hereto and marked Exhibit "E" and made a part hereof. SECTION 7. Planned Unit DeVelopment known ad Phases 1 through V of Mountain Park Planned Unit Development is hereby approved and re-adopted as the Zone for'the following described . property located Within the counties of Clackamas and'Multnomah and within the city of Lake OsWegof to-Witt Beginning at the point of intersection of the south line ' of Stephcneon'Street in Section 31, Township 1 south, Range 1 East of the Willamette Meridian, in Multnomah , 1 . r Page 7. Ordinance No, 1111 8433 , Y Y S A r County, Oregon and the west line of southwest 49th ,it I Avenue; thence southerly along the welt line of said thence thest 49th varc of5a8l15.00 foot ra.70 feet to a diuet curve utoature; ` f the left (the long Chord of which bears south 17. 04' 01" i Beet, 571.24 feet) an are Osten*. of 516.11 feet; thence along the westerly boundary of that tract of land conveyed to Carl M. Halvorson, Inc. by deed recorded in Book 672, } page 478 of the Multnomah County Deed Records South 22° 04' 34" West, 1136.17 feet; thence along the north bfeeetdto a point of aon the west tract lineof1the"Southeast39.55 I quarter of said Section 31; thence along said West line • I of the Southeast quarter of Section 31, south 0° 12' 49" I West, 423.05 feet to the South quarter Section corner of , said Section 31; thence along the South boundary of said Section 31, gest to the Northeast corner of the Plat of I Multnomah Acres No. 2; thence south along the East line i of said Multnomah Acres No. 2 to a point on the North• I_ . line of Fosberg Road; thence East along the North line of said Fosberg Road, 60 feet, to a point on the West line of that tract of land conveyed to Twenty Associates, Inc. by deed recorded in Book 622, Page 797 of the Clack- ames County Dead Records; thence North along the West , line boundary of said Twenty Associates tract to the Northwest corner thereof; there. east along the North • line of said Twenty Associates tract, 600 feet, more or .• 9 less, to the Northeast corner.thereof and to a point on ! the east line of the West half of the Northeast quarter of Section 6, Township 2 South, Range 1 East, of the 1 Willamette Meridian; thence North along said East Line ast along othnh daryaof ■af ids aSection 6nto;theence , Northeast corner thereof; thence South along the East �. • line of said Section 6, to the Quarter Section corner between Sections 5 and 6; thence East along the East- West quarter section line through the center of said Section 5 to the Northwest corner of Mountain Park No. 7, Clackamas County, Oregon; thence Southerly along the West lire of said Mountain Park No. 7, to a point on the center line of Carman Drive; thence Easterly along the center line of said Carman Drive to a point on the center line of Boones Ferry Road; thence Northerly along the center line of said Boones Ferry Road to a point on the Westerly extension of the North line of Lot 75 of • said Mountain Park No. 71 thence Westerly to the North-east corner of said Lot 75t thence South 89° 52' 43" West,.821.83 feet; thence North 0" 07' 17" West, 1100.00 feet to a point on the East-West quarter Section line of said section 5; thence Easterly along the East-West quarter Section line of said Section 5, to a point on the center line of S.W. Kerr Road; thence Southerly along o the center line of said S.W. Kerr Road to a point on the center line of said Boones Ferry Road; thence northerly along the center line of said Boones Ferry Road to a p on the Easterly extension of the North line of Block 2, Mountain Park No. 5, Clackamas County; thence North 89° 17' 0" West, to the Northeast corner of said Block 2, of ` said MoUntain Park No. 5t thence North 89" 17' 0" West along the North line of said Block 2, to the Southeast corner of Block 9, MoUntain Park No. 5; thence North J • Page bi ordinance No. tall 8434 A i 0° 05' 10" West, 175.77 feet; thence South 89° 16' 0" East,. to a point on the Westerly right of way line bf said Boones Ferry Road; thence Northerly along the Westerly right of way line of said Boones Ferry Road to a point on the Northerly line of a tract of land conveyed to Florence A. Dickinson by deed recorded March 18, 1891, in Book 153,. ' page 277, of the Multnomah County Deed Records; thence North 72° 04' West along the Northerly line of said Dickinson tract to the Northwest corner thereof` thence North 87° 35' 40" West, 659.82 feet; thence North 0° 18* • 30" East, 606.12 feet; thence North 89° 32' 30" West, - M 140.00 feet; thence North 0° 18' 30" East, 330.0 feet; . ' thence South 89° 32' 30",East, 140.00 feet; thence North 0° le' 30" East, 970.00 feet to a point on the South line ' of Stephenson Street; thence North 89° 13' West, along ' the South line of said Stephenson Street, 664.66 feet; , thence South 0° 07' 25" West, 1996.98 feet; thence North 89° 51' 30" West, 250 feet; thence North 0° 8' 30" East, 82.42 feet, more or less, to the Northeast corner of Parcel No. 2 of those certain parcels of land conveyed to Carl M. Halvorson, Inc., as recorded in Book,751, page 785, Deed Records of Multnomah County, Oregon; thence Westerly along the Northerly line of said Parcel No. 2, 0 • as described in Book 751, page 785, to the Northwest 0 corner thereof; said corner bring on the North-South , quortor ;section lino of said: Section 32; thence Northerly along said North-South quarter Section line of said Section 32, to a point on the South line of said Stephenson • Street; thence Westerly along the Southerly line of said Stephenson Street to a point on the Easterly line of a tract conveyed to School District No, 1 by deed recorded in Book 100, page 64 (film) Multnomah County Records; • thence Southerly along the east line of said School Die- ' trict tract, 765.62 feet to the Southeast corner thereof; ` thence Westerly along the South line of said School `' • District tract, 568.95 feet, to the Southwest corner ' thereof; thence Northerly along the West line of said School District tract, to a point on the South line of said Stephenson Street; thence Westerly along the ' ' , • Southerly line of said Stephenson Street to the point of beginning, V SAVE AND EXCEPT: A tract of land conveyed to yorest Highlands Water District, as recorded in Book 552, page 811, Deed Records for Clacka- mas County; Oregon; and a tract of land conveyed to Portland General Electric, as reoorIed in Book 449, page 167, Deed Records for Clackamas County, Oregon; and, a tract of land conveyed to the Capitol'Highway Water District, as recorded in Book 942, page 259, Deed Records for MUltnomah Couty, Oregon, • • SECTION 8. The owner oU the property and applicant for the planned unit development shall file, if not previously ' filed, with the city Recorder of the City of Lake Oswego and • the Planning Director of the city of Lake Oswego a conformed and approved final development plan and program together with all documents expressly approved hereby and all documents approved as to form by the city Attorney relating to dedication, Page 9, Ordinance No, 1411 81133 V Y improvements, maintenance agreements, covenants, deed restrictions and bylaws of neighborhood associations, co-ops, and improvement districts. Read the first time at a regular meeting of the Council of the City of Lake Oswego on the 1st day of December, 1970. Read the second time and passed by unanimous vote of the members of the Council present on the 1st day of Deco er, j 1970.' . . . - , ,... ic-e,e,--/ . . // M11YOR • • ' Date December 2, 1970 ATTEST: .-74 City Recorder Date December 2, 1970 • APPROVE A TO FOAM: A City Att ey • Pays 10. Otdinehcc No.1411 4 8436 . 4 , . ♦ STAFF REPORT CITY OF LAKE OSWEGO LAND DEVELOPMENT SERVICES DIVISION APPLICANT: FILE NO. : Eagle Valley Homes, Inc. SD 33-81\SD 34-81(Mod.88) ) PROPERTY OWNER: STAFF: Eagle Valley Homes, Inc. Michael R. Wheeler Daniel P. Casey Daniel. M. Cartwright LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 401, 402, 501, March 25, 1988 and 502 of Tax Map 2 lE 8CD • • ' LOCATION: DATE OF HEARING: ; , South side of Upper Drive, April 4, 1988 between Lake Grove Street and Reese Road. COMP. PLAN DESIGNATION: NEIGHBORHOOD ASSOCIATION: R-7,5 Lake Grove ZONING DESIGNATION: R-7.5 APPLICANT0S REQUEST The applicant is requesting a modification to conditions of a minor partition approval, particularly regarding shared access sewer line relocation and fire hydrant relocation. I. APPLICABLE CRITERIA A. City of Lake Oswego Zoning Code: • LOC 48.195-48.225 R-7.5 tone Description LOC 48.535(3) Special Street Setbacks SD 33-81/SD 34-81(Mod,88) Page 1 of 7 8 l r .. t . . B. Carty of Lake Oswego Development Code: , LOC 49.125 Authority to Approve Changes in Development Permits LOC 49.145 Major. Development - , LOC 49.300-49.335 Major Deve.l.opment. Procedures LOC 49.610 Quasi-Judicial Evidentiary LOC 49.615 Hearing Procedures • Criteria for Approval C. City of. Lake Oswego Development Standards , 7.005 - 7.040 Parking & Loading Standard 11.005 - 11.040 Drainage Standard for Major Development 12.005 - 12.040 Drainage Standard for Minor . Development 14.005 - 14.040 Utility Standard 18.005 - 18.040 Access Standard 19.005 - 19.040 Site Circulation - Private Streets/Driveways , . D. City of Lake Oswego Comprehensive Plan None •• • . II. JINDINGS ( . A. Existing Conditions ' 1. The site is composed of 38.014 sq. ft. in a rectangular configuration. . 2. The site Was the subject of SD 33-81/SD 34- '" 81/VAR 27-81t two concurrent requests for . approval of minor. partitions and a variance to - the Access Standard. All requests Were approved with conditions. Exhibit 4 represents the approved parcels. Exhibit 9 represents the action of the Development . • Review Board in the matter. • 3. A sewer line is located as shown on Exhibit 12 (right side; Lots 29 and 30) . 4. A fire hydrant Is located as shown on Exhibit . 12) (right side; Lots 29 and 30) . 5. A driveway serving Tax Lot 502 is located as ' shown on Exhibit 12 (right side; Lot 29) , SD 33-81/SD 34-81(Mod.88) E • Page 2 of 7 4 3 • .. ....., ...... ... f • , . - . B. Proposal ' The applicant proposes to modify four of the conditions of approval of SD 33-81/SD 34-81/VAR 27-81 (see Exhibit 9) as follows: 1. That Condition #5 be modified to allow the owner of Tax Lot 502 to continue to use the • w existing driveway (traveling over Tax Lots 501 , : 1 and 502) until a building permit is taken out . on Tax Lot 501) . 2. That'Condition #6 (regarding the provision of a survey) be eliminated. 3. That Condition #8 (regarding sewer line relocation) be eliminated as unnecessary. 4. That Condition #11 (regarding fire hydrant • • location) be eliminated as unnecessary. . C. Compliance With Criteria for Approval 1 • ' As per IOC 49.615, staff must consider the following criteria when evaluating minor development: • li 1. The burden of proof in all cases is upon the application seeking approval. The applicant has borne the burden of proof ,, through submittal of documents marked as exhibits, accompanying this report. 2. For any development application to be approved, it shall first be established that the proposal conforms to: • ! ii a. The City's Comprehensive Plan; There are no Comprehensive Plan policies which • are applicable to or affected by the request. . b. The applicable statutory and Code requirements and regulations. . Zoning Code Requirements and Analysis ' All of the requirements of the underlying zone will continue to be met by the proposed modification. The configuration . • of the approved parcels is proposed to , remain the same. ' • SD 33-81/SD 34-81(Mod.88) Page 3 of 7 8433 , 1 I • Development Code Requirements and Analysis • The application is appropriately being considered a modification to a development permit and, as such, is a major development. Through Conditions #5, #8, and #11 the Development Review Board affirmed staff recommendations (See Exhibit �. Cond.ition #6 is typical of • the proc duce necessary to assure that all , conditions of approval of a partition have been met before any resultant lots are created and sold, affording some level of , consumer assurance to the prospective buyer. This procedure is currently required to be performed within one year of approval. Condition #6 could be . modified to eliminate verification of structures if the Development Review Board should find that Exhibit 12 is adequate for the purposes of review. ,, c. The applicable Development Standards • Parking and Loading (7.005-7.040) Each parcel is capable of achieving the two required off-street parking spaces in t addition to a garage. The applicant has demonstrated this for Tax Lot 402 (Exhibit 5); the existing homesites each provide , adequate parking; Tax Lot 501 will be required to demonstrate compliance upon • application for a building permit. Drainage Standard for Major Development ' (11.005 - 11.040) ' No alterations are proposed as a part of the requested modification Which would , adversely affect neighboring properties. The applicant has stated his intent to • provide drywells for storm water disposal, which will be required upon application for a building permit. This Will meet the intent of the standard. Drainage for Minor Development (12.005- ' . 12,040) , This standard defers to 11,005 - 11.040 due to the nature of the application being a major development. • SD 33-81/SD 34-81(Mod,88) j Page 4 of 7 814(1 • i Utility Standard (14.005 - 14.040) All utilities are available to the site and exist or will be placed underground. Access Standard (18.005 - 18.040) • A variance to this standard was granted through approval of VAR 27-81. The two larger parcels were allowed to have no frontage on a public street. • • Site Circulation-Private Streets/Driveways (19.005-19.040) The site is generally flat and can easily • provide for driveways which do not exceed 20% grade or 5% cross-slope. The central • • driveway/easement is required to be paved; the existing driveway to Tax Lot 502 is gravel. Consideration of this fact is necessary in evaluating the request to • modify Condition #5 of SD 33-81/SD 34- 81/VAR 27-81. No provisions for paving the existing or, reconfigured driveways was made as a part of the approval. This standard defines a driveway as a • "paved area adjacent to, and serving as the approach to a garage or carport." It is, therefore, clear that the new shared access must necessarily be paved. It is, however, • discretionary as to whether the remaining portions of existing driveways must be • • paved. IV. CONCLUSION Based upon the findings noted above and the comments 1, of the staff of the Public Works and Land Development Services Department (Exhibit 14), the following ' conclusions have been reached: A. It is reasonable to allow modification of Condition #5 to allow continued use of the existing driveway over 'fax Lot 501 to serve Tax Lot 502 until construction occurs on Tax Lot 501, B. A survey showing all pertinent easements, • dedications, parcels, etc. , is anticipated by Condition #6 and is supported by LOC 49.330 and LOC 49,335, These sections Were effective • w SD 33-81/SD 34-81(Mod.88) • Page 5 of 7 844l• 1 • September 15, 1981. The approval of SD 33-81/SD 34-81/VAR 27-81 was granted March 1, 1982. This et Y condition should not be eliminated but, rather, should be updated to meet current procedures used to assure compliance. , C. IL is reasonable to eliminate Condition #8 based upon Exhibit 14. D. It may still be necessary to move the fire hydrant • once site improvements have been made. It is • reasonable to modify Condition #11 rather than eliminate it, to account for the comments of staff ? c (Exhibit 14) . f • V. RECOMMENDATION Staff recommends the following, regarding SD 33-81/SD 34-81(Mod.88) : • 1. A final plan (as depicted in Exhibit B of SD 33- 81/SD 34-81/VAR 27-81, which is similar to Exhibit 4) ) shall be submitted to City staff for review and signature of approval within one year of the date of this decision. Upon written application, prior to expiration of the one year period, the City Manager shall, in writing, grant a one year ' extension. Additional extensions may be requested in writing and must be submitted to the City Manager for review of the project for conformance t • with the current law, development standards and compatibility with development which may have occurred in the surrounding area. The extension may be granted or denied and if granted, may be conditioned to require modifications to bring the project into compliance with then current law and compatibility with surrounding development. 2. The final plan shall be registered with the Clackamas County Surveyor's Office and recorded with the respective deeds at the Clackamas County Clerk's Office as Noted in Condition Number 1. 3. Legal descriptions (metes and bounds) to be specified on legal instruments for title transfer for recording With the Clackamas County Clerk's Office, shall be provided to City staff for review. Actual recording shall not be a condition • of approval of this decision. HoWeVer, when recorded the instruments for both parcels shall SD 33-81/SD 34-81(Mod.88) Page 6 of 7 8/14 2 . reference this land use application -- City of 4171 Lake Oswego Land Development Services Division, File No. SD 33-81/SD 34-81(Mod. '88) . • 4. Evidence of all of the above to be provided to the V public Works and Development Services Department prior to the issuance of the building permits royal. requested subsequent to the date •of this app 5. An existing driveway serving Tax Lot 502 shall be allowed to continue in that use until such time as a building permit is issued for a dwelling on Tax • Lot 501. At that time the existing access to Upper Drive shall be abandoned and the driveways removed from its existing location; paved shall, from that time, be taken over the 25' • easement approved by St 33-81/SD 34-81. 6. The existing sewer line need not be relocated. Condition #8 of SD 33-8:./SD 34-81 is hereby deleted. 7. An existing fire hydrant shall be relocated as deemed necessary.by the Public Works and Land Development Services Department. Condition #11 of • SD 33-81/SD 34-81 is thereby modified. •• Exhibits 1. Tax Map 2. Co-applicant Authorization 3. Applicant's Narrative 4. Site Plan ' . 5. Site Plan, Tax Lot 402 • 6. Exterior Elevations,, Tax Lot 402 7. Main Floor Plan, Tax Lot 402 8. Upper Floor Plan, Tax Lot 402 • 9. Findings, SD 33-81/SD 34-81/VAR 27-81 10. Survey by Patrickp R. McDougal, filed December 15, 19.87 11. Site Plan Showing Proposed Drainage 12. As-built Drawing, Lots 29 and 30 13. ' Reciprocal Easement Agreement 14. Memo from Wayne Halverson and Russ Chevrette, Dated February 26, 1988 15. Unsigned Fire Lane and Emergency Access Easementber 7, 16. Minutes, Development Review Board Meeting, 1981 .7anuar 18, • 17. Minutes, Development Review Board Meeting, y 1982 dated 18. Staff Report,. VAR 27-81/SD 33-81/SD 34-81, December 24, 1981 A,; SD 33-81/SD 34-81(Mod.88) Page 7 of 7 u t1 I • • • �. �• ' I11='M1 nN 25 ilk. �v ' \mac ` `�f` .v , • , i+'0-+fi0�'�2 eft 2. \,. ''''...' 11•16. Op l.'t I..\ t'. , j ��° `AO\ y0p \01, • O tt ++ • t a g0\ot. ‘\0°. 0,0.10 ' 4., t 7. 2 , ... N. ,syt. A �.� , ' �' ,/()OP,� I of .i v‘ 1\",..,1)-0'a: , N‘1 et... _,,„,:o .., -t.,00 ,-,0 ,.,. ....,,,. ..,. 14 , _sNi 15*5 tOCP " Ill 57,9CP0v gf 1.1 P \ i.' Zak` w \ N\N ` \` r Op + 6 4., a� \ ielgA to et‘' A22 too °t \ �i C� +�t N� 84411 ea at 3SPr • t r r EAIFJ . , . , , , :, „.„ ... , Ho 2 ,. , . , February 13, 1988 t i The below two signed parties, Daniel D. Casey and Daniel M. Cartwright agree to sign this document representing them as co—applicants for r -ro °' application dated January 22, 1988 submitted to the City of Lake Oswego ; p,,! Development Review Board. Both parties agree to comply with the City of Lake Oswego recomendatiuns to the proposed application. . 0 / . (') ,',. _al_ij___ Daniel D. Casey Daniel M. Car ight i ' n 8Vn MIEEP MAR 31988 9 IC : • ' Gt1 N kM OW. r 4 LW OM 1r x r •- ,•' a P.O,Box 1362' 1 • Clackamas,OR 97015 aid 4�) •I..)657.0002 • P ' • • ,.- .� 1 y page ti CONDITION #8 We request a modification to the sewer relocation condition. • r The sewer line is within the existing utility easement and is large enough to adequately service all 4 parcels. 2-4" T laterals will be installed servicing parcels A and C when the proposed house service is installed. (Exhibit F) . The water service to TL 401 will be relocated to the shoulder of the new driveway. ( Exhibit F) CONDITION #9 An Engineered drywell to be submitted with building permit application of proposed residence. CONDITION #10 Will be complied with at building permit application time. CONDITION #11 We request a modification to relocating the fire hydrant. Exhibit I' clearly shows that with the 20' driveway there is 12' from edge of pavement and 14' from the center line of Upper Drive. EXHIBITS , A Proposed residence plot map and floor plan B Findings, conclusions and order SD 34-81 C Survey copy of TL 402 ° y ' I)F 25' Easement and paving requirements IP ""7 E Declaration that new driveway is a fire access road "1 F Sewer asbilt G Reciprocal Easement Agreement t. ' 1 WI 401 a -4;, MAR 31988 (06mApilsilmi;) 4 A,�G b 1 Ita , January 22, 1988 T APPLICANT Eagle Valley Homes, Inc. , OWNERS Daniel D. Casey, Daniel M. Cartwright, and Eagle Valley Homes, Inc. LOCATION 3500 and 3520 Upper Drive - LEGAL DESCIPTION Tax Lots 401,402,501, and 502 NEIGHBORHOOD ASSOCIATION Lake Grove BACKGROUND INFORMATION Eagle Valley Homes, Inc. an Oregon Corporation purchased • from Gary Reid,Inc. on December 10, 1987 described property loaceted at Lot 20 ' Lake Villas, in Clackamas County, Oregon. (Exhibit A) Attached is a Reciprocal Easement Agreement made between Frank b. Malone (who has sold to Daniel M. Cartwright Parcels A and B as designated in Exhibit A ' • of the Reciprocal Easement). Exhibit G Exhibit A defines ownership as follows: Parcel A TL 402 - Eagle Valley Homes,Inc. Parcel B TL 401 - Daniel M. Cartwright ' Parcel C TL 501 - Daniel D. Casey Parcel D TL 502 - Daniel D. Casey . APPLICANTS REQUEST The applicant is requesting the following modifications' to the attached findings and conclusions. ( Exhibit B) I , CONDITION #1 Completed by previous owners. CONDITION #2 Completed by previous owners. CONDITION #3 See attached Exhibit C. ' • See attached Exhibit D for 25' easement and paving requirements. See attached Exhibit E for declaration that new drive is a fire access. CONDITION #4 See attached Exhibit D for set back criteria. CONDITION #5 We request a modification to the requirement that all parcels must use 20' easement for access, The owner of TL 502 (Casey) should not be required to use access road until a building permit is taken out on TL 501. Clanging the access would require removal of existing trees and a relocation o'f existing garage. (See Exhibit F) m CONDITION #6 We request a modification to obtaining a survey to verify the • location of structures, lot lines, and setbacks. A survey has been completed "' on proposed building site location. (Exhibit 0) Adjacent Lot TL 501 to be �� surveyed prior to issuing building permit. • , ' . CONDITION #7 This condition has been met with sewer asbilts and aerials. (Exhhibit F) t . A MAR 31989 Co nt Low Owe I 4 1 —7`/.Ib .rs 7g.00 , y ,j PARCEL PARCEL R T L 401 TL 502 n u a 0 0 Q �y N N ry , 0 , N r.�.-.,�..». 4 PARCEL Ny �; r i PARCEL C A o I T L 501 4 .. T L 402 o i I 8 o $p I 0 r I Ell , , 4 i i I . AOMIIINED �7,1� 7f�oo _ ,..__ _ _ — MAN 3 1988 _ Lip per -DRivE . I f R. 1/ C 4 Ln oWI,i.f J � � I t �G ; 1 '• 3'f t I t 1 ' oo',o" f It.d, j. OKG.w 1({ i .1 1 1. Z I •a...� ,...,.....;....,1 „ j re too.0 kn I. t 0 1 1 } 2. , 4 , % 0 o tLasicwce. 8 TTS ,0s 1' , 341.04 41S al; I , 0' LI 111�' I 111 . S.W. IUrr 21V , , a u 5 ►�I.„,.l , , / , C 1 [ P� D filAI� 3 1988 :.ter •.... 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I 14 ---r�Lz ' :L n I%p tvb'a - _ 1-.-I t.le'a t.IL"O�C. d I 2 ', L^O.r_ • \.ti; -"m..i(tj s>1ar s.�.'' n�' Ip+�ILt %viaaViiiklItsIG II I �1 b ' W Ell EI*141, ...1, r,,, , ii;srt-4, , i;it:— 1 I 1 oataNy4. 1 tLF I I,A W 2 , . 1 1 I � •►- t�15 . iJ L , as^o. Ctn'or d s etvo,t.I �( 14�/INy ^ I d�� It. 1LI 1 / tI I t, Noce-� alt I 1 i e F lvelIt 5•.e•ewWNll+,.itti t„2.,,4 +� T �0 ml+ c•ya 1 L . •o itO� al pN Lt. so lite:e 1 eta I + 0L •oy11�-oyiqt•d 18-a .1 -.- Lk1jP� o r ,, a_._. - C � ! 'i ExNIeIT MAh 98:*54..001ZN' -l-a -1 TO to Vd.tll:d'' . . _ .6:02im, ..1 r IN 8' 51 1 �ft}},,1 • , i . N I „ L__. I,WA §§� � U LYw ' Re311 � is \ Ft22. V p 1 9 qc.ic1 II qII `\., obA !� ILA M ILI ---`c9 . is - C,1 I) : 0�I�r +J �`� — i —� • tt to f--- L! 4 Y •� —� �it'itu�" I t 0 to N • `. '.... woo),iRJJ6itis• rGie+11f10�1l 3333 1 _ t _, L �; _ • IJE E�LtNIf s••J ' IIu V V W T t+ o ai. 1'.4r GI.¢i I'� b'.nf I. d wf-' ,ou 6'c` MAR 319An ,.o • CM d troOoir p/wrd0 UPF''EI�: FLOOR, "PLA.I'•I (1i656i'1 rollik fold l>,m1lit�nnnf NIr1:o0 , V. c4 . v v I - i 1 BEFORE THE DEVELOPMENT REVIEW BOARD !'° • . ) OF THE '. l CITY OF LAKE OSWEGO 3 A REQUEST FOR APPROVAL OF ') 1 A VARIANCE TO ALLOW THE CREATION ) an f .5 OF TWO LOTS WITHOUT ROAD FRONTAGE?) i AND APPROVAL OF A VARIANCE TO THE() DENSITY CALCULATION OF THE RESI- () FINDINGS, CONCLUSIONS DENTIAL STANDARD. IN ADDITION, t) AND ORDER A REQUEST FOR APPROVAL OF TWO i) • MINOR PARTITIONS LOCATED AT 3500 ) a AND 3520 UPER DRIVE. ) NATURE OF APPLICATION ) The applicants are requesting approval of two minor partitions to allow each owner to divide his partially-developed lot into two lots •?.1ch, for a total of four lots. The applicants propose a 25-foot-wide, shared easement to serve all four lots. In addition, • the applicants are requesting approval of a variance to allow the (: 1 l4 creation of two lots without road frontage and approval of a variance , , '*--,, to the density calculation of the residential standard, LOC ' i 15.035(2) . The site is located at 3500 and 3520 Upper Drive (Tax 4 Lots 400 and 500, Tax Map 2 lE BCD) . :8 HEARING ' Hearings on these items Were held on December 7, 1981 and January 18, ,n 1982 before the Development Review Board. Appearances Were made and exhibits entered as indicated in the minutes of those meetings and in the staff reports of November 25 and December 24, 1981, Th ,� rt,E, InJ was approved With conditions. CRITERIA AND STANDARDS MAR 31988 '5 WInl Late Nino Lake Oswego Comprehensive Plan leedDeeelodmenlSNritel 6 �• Residential Site Design Policies and Housing Choic i 'ace P�4 Policies, Page 57, 8/153 i (VAR 27-81, SD 33-81, SD 34-81) ch.,.* 1,. • 1 0.% LCDC Goals and Guidelines • 2 LOC 15.035 Residential Density Standard 3 LOC 18.020 Access - Every lot shall abut a ' • ,4 street for a width of at least 5 twenty-five feet. 6 LOC 44.440 - 44.700 and 49.200 - 49.225 ' 7 Regulation of Partitioning { 8 LOC 49.500 - 49.510, 50.510 Variances , ' ' 9 CONCLUSIONS 10 The Development Review Board concludes that this project meets all ' 11 criteria and standards to the extent that approval can be granted, i2 subject to the following conditions: 13 1. That the applicants dedicate to the City 15' of 14 right-of-way along Upper Drive. 15 2. That the applicants sign a petition and nonremonstrance ' ' • 16 agreement for future improvements along Upper Drive. 17 3. That the 100' (measured from the property line after 18 dedicating 15 feet to the City) x 25' easement be centered 19 between Tax Lots 400 and 500 and recorded at the County 20 Recorder's Office; and that 20 feet of the 25-foot Wide r' 21 easement be paved and centered according to the 22 specifications of the City Engineer, and designated as a 23 fire access road. In addition, that cross-easements 24 between the lots be recorded and that an agreement for the •25 maintenance of the accessway be part of a deed restriction .26 r for all four lots. L:I�� U'U �,,' IXNIIIIIT v u u Page 2 (VAR 27-81, 5D 33-81, SD 34-81) r D4 MAR 3 1988 • v�j 5 it �Fll•.�MA•.+ y '.,' . (.cattOuptotr) • 1 4. That a 5-foot setback be maintained along both sides of ' 2 the easement. 3 5. That, upon development of either of the newly-created . 4 parcels, all parcels shall use the easement for access. ' 5 In addition, it may be necessary to relocate the garage on 6 Tax Lot 500 upon development. This should be determined 7 by staff. 8 6. That a survey, stamped by a registered surveyor, be 1 9 submitted to verify the location of structures, lot lines ' 10 and setbacks. 11 7. That a tree plan be submitted for staff review, indicating 12 the size and location of trees over eight inches in 13 diameter. ( ) 14 8. That, upon development of, either of the two newly-created 15 lots, the water and sewer lines shall be relocated along 16 the 25-foot-wide easement, according to the specifications . 17 of the City Engineer. ' 18 9. That the applicants submit a plan for staff approval to , Lg rectify potential drainage problems on the site.. . 20 10. That the applicants obtain a tree cutting permit if it is 21 necessary. 22 11. That the fire hydrant be relocated according to the 23 specifications of the City Engineer if it is determined to 24 be necessary for the development of the accessWay. (��yy��( 25 ex la 3 L"Jlg@�U"U U ' 26 q MAR 3 19e8 ?age 3 (VAR 27-81, SD 33-81, SD 34-81) ( �No c' cdvtlU�eaw.:J 81155 Lind Ded00101 Seuuel • w .1. 1 011, FINDINGS AND REASONS '..�2 The staff report prepared on this item dated December 24, 1981, is by this reference adopted as Findings and Conclusions of Law to support 4 the decision of the Development Review Board. IT IS ORDERED that the minor partition and variance requests of VAR 6 27-81, SD 33-81 and SD 34-81 be granted. • DATED this 1st day of March 1982. 8 , 0011r 10 �� D 4 Ch• rii r , Development Review 11 Board 12 ATTEST %/i 13 Secretary, Development Review Board 14 AYES: Bonney, Petrie, Eslick, Nishimura, Bates, Henick , NOES: None ABSTAIN: None ABSENT: Frank Clarke • 16 17 0186P • 18 19 20 21 22 23 ' • 24 25 � ixNi��r • Dl@E P1 J • 26 D MAR 3 Neil ' Page14:;$1,0441 4 (VAR 27-81, SD 33-81, SD 34-81) �di 000pM OwMit) +"!= !iM� l"d WkluPmint Dmr cesJ Sr155 i. OU �� • P. 4 In r, n ILI 50 o 4 V . 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A nns5 111iU i M�o ofH`i ►I'i �MiU ' GUN : O. 014 i4 cloGIl •u• • ,W i iI WI n. nS °SV'' y1V ya � C 1 �11i M qIto,-.1 I m r• .; u •N•H 0. . u •N .4 U G\O «4Y1 N 4MNs p I p SI �. .a • 4 A OH Hi:1l Y1 H O St U Y8 NH F\ tl r 1G. G O i • MA• N 4 u YM y y jl 1,1{ RVz r GW \ D OP O low PiN+.q • U f y y* M m O.. w r: •N V n Y d w p H 1.1 rn n } 11 U q u•11 G�q1 tl U O 0.W w•O K LYYIA Y tlNYY 4H H .UMM � r py t 1�,11ONY/ W 1YH H OYp O2 ' Y •q Y �'"" R y y0 NNO ' ¢ �WWYi q �UtIO 44 T. M}� M %.� g , 12t. w e E F. c • N ti 4.1 U q CI 34 H, ry n 1 in u • 1 I aF • ',, • • 9 —1I.Ib D.(/V ,n; py, • ?Alt L ?rl s it.L b 1, a ti • ,,D (I q 0 Q O 7 Nsl N / 4 ,.y I Arm i=4o' ' ZS _ Zs't r�itY►+rr11' .� : I ' lot.5� Y it lifi ft.v o PAaaL. ,P 1 f h yb t ___._-...___, Pekittr_L C. ' to I / �� Ipo.s 1 �a I�. `rL So I u • Ffe C J ( SUe c Onit''L •� 1.1 ,, ,fkl/ . 1' IF i ' 6'� Z,41W1be I I • .. lam-'- ( 1 (o'GILLiy0 'lor.�( 100 N 1 �I �1 i"Pre I�-- •�_ �tiF�� 1u.00 a@PITED _ U pP 17RtveCtlo el like Own° u. 8/153 • `�'• SCALE 1=an' ( EXISTING M i 0+OO Mi) NH 0+00 i b,: .r' ',1. 1 M-1 3+99 LAT.A ER DRI vE T.A-3c to E•P O UPPER 4/g!t4 1 4.. - µ :' T.B.M. ° 4 1 E.•. .,r,:a.. , " ^wrCk .'r•�' • WATER G GAS (;31 - I�,12 M'• . • . f �.'' ',� SERVICE IN po p., DRIVEWAY Ike? ..1 1, : R.'SI E' t: • ODD 89 LnrnenL5 a { . 3v , , " ' •1 e ,J I. • Ls '. J , . " II' 3s,"R 9 A"'. EL Or 1�4�nitk' 1.1.16 2 7 P,. EIIr •• •` __I 610 29 ,�14"c 30 . . , TEE ONLY ( it, I._ 142 FUREL HEDGE .DRIVEWA Y 'E 1 R- C'WATttR r I . • 27"F 20" �8 r1. t�7" 10°F C rN\ (115"W 21 SH ,V." •• .46Lit� • 12' t 1 � 1�111 • 30 F SSE. �8D �� ,_ M., I 1 'F IZ" • 2 1 5316" 1TEE ' ' CiO.'Z'I'88I ''GRAVEL , \ l ';.. MM 1+81 I �� yj� �`-DRIVEWAY ��1!! • DERRY 1 ROW NOTE U.G. 1 1 1 •�, POWER a TELE, 1 • ► B WATER SERV. ' , I IN DRIVEWAY • USE. USE, ST, 1 it ��, '+',', FISE. _. • '. NOTE t OWNER sr. HSE,'. TO USE C.I. agI Gv ST I ' PIPE FOR ," L:, ,� i tr',$ERVICE LINE D. Fj 1 ,1 i .. .,1 ,,;\ r, 26 °1, t,1 S0 Cb I .1 am a P4N© 0 a , r '1 /"y' ? ' 113.16' T7.161 78' 77.16i , [ r ,hlllCti►�N1•�• latllDCr40pitAlCtirta° I� 4 •. 8 4A r 0 +00 1+00 I 2 400 `+GO 1 ' A ' a ii .�..._...,.... , f1 � .a tip••• 1.. , t1 , i• yp' ,•y .,.1 I5•.., „ ,. , , • 'f7 t s, `,, � jY r17 • t A ,r ,4, ,.''' . r 1 c , A r+,, N t • 1. .,.., .e• xis •t ....•1.1 n b71 • • yhr.�y4r.„a. 5 1 i....>) ,..Ng'µ v�n+P�'t+•.r a :. /• •��.-_ rV �•r.1 ,' ifitq 4 „ „ •,, .r r f. 1/1' 11,0.,' 1I Vai ,� t 1 l K S a $M r r .ey d ,t�,` ,rr _`try t . CIpROCIL EASEMENT ACRE ` tr•t ��yy�,,-- - ENrNT F ,,,•,. 1 •.,'tl„°�,� {' TRIM dECIPROCAL GSLN zj t ENT AGREEMENT 1■ made and entered r ,� t M ,r t i,., into on the•� day of rebruar t 7 ,r 4E;+ y. 1951 by and between runs sey ") k. ., rt I f ,;, ;t#� l & -• MAIANE Malone I and DANICL D, and JANICC L, CA5Ek . x {1'�.,:1 r' WHEREAS, Malone la the I•Ceeeys 1, 7; a u. ` owner of realproperty a • • ��1�; I Clackamas Count Oregnn which her in +• w ` y, intends to partition Into two of: ;+.' F+F Or+• percale more fully described in Exhibit A attached a>, u , ,a 1 , 1 parcels Cr. hereinafter referred to as heretoPa (which ll, ,r + As Leal 'Parcel A• and 'Parcel e,• •;` r 4,. { gnetsd !n Exhibit A), ` s •tar ', } ;«j t ' kntntAg, canals are the owner, of reel • (t w inqthe property adjoin- . rt••. fit„ a Malone property which they intend to p , .t! i + t § .iti4r �` Ik a,,' parcels more fully described partition into two in txhibit R attached t r 4rM %, •• `l ` +t •" parcels are hereinafter hereto (which i a ri , , referred to as + a ! i= ' as designated Parcel C. and •oar-el 0,+ �! r: r,. !h Exhlb!! e�, ,,,:. t.:; r'" dY +` � d+t :r" mnERtASt the city of Lake Oswego approved = minor partitions on the condition that MaloneandCasey cr a'telaq + �. t.. al }•r,rt + , , 25-foot molds access easement across tit II 1'•'. r"'r' , n+ Exhibit C ettachsd hereto. the property described lit t -v`�~�a+ r +` . • ►�R�M, the parties wish to create a` ;, tr ` t r + • ' for the banal!t end use of all tour parcels describedasa easement , �`i • „ , and e, in Exhibits ," , rnturoRa s r in consideration of foregoing ta �' x +, contained herein covenants rr • ':; ' ' F r � q; , !ha parties s r+i 1 to 1 . ' gees as follows' , 4 .fr , • , rr .+.;. 1, Creation of easements }:• t4 ', � q. ' A, Maionat es the owner of Parcel = t „e , r r end eanrrys to hibaelf andM heteby grants 1' e' ' q4+� r, +#ire, i'.i .' M �t , his successors in intsrsst es owner c Tl a 1" ' . a 7 `ra:; i�, of t 1. • , t. iw, ^ s' " �„ w' . 1 " ItrCIP*MtL LUIR"t� GItntalfr U l7l'TI; D f : . yA t,� e y w� ,, " p a A r,., , y 4 r I•1 I 'Y n S( .. + •543 •ham t , r , b+ r.^+ l.••t.4rNr�"f=,,,, e.. - 44.7.e •+� .1• , .+. -� ..y,'r« •if •• r +T".,� r t t r ee ��b'Klr.2.:4 ' -la.,4",- li it ! t 'W,y A ,,-J•, ",• ,. u; 5"�,y• A � I� L•5, s ��'•� ,d' ',V. C' 541) It. . ' '.i't•gt ,ilk • .s +'l vM�,, ! Y I' ,c....�;1y 1 +1 y ,� ,,,t °•' .1AEr.Yi Tyra sl,1� i•./` ,.. • ,1,: .s ":, ri. '+ . :i. r c' 1 w il T a „r 1 . •...•. . . , , ... ,,.4 „...., .... .. .' ..4 „,� (� gtott ... . . . .:�t' V • .I� 1`� 11,i_ R I-I.Y��'�,♦ C. y•'�•• VfI�,.�y}-��1• i .,••••:"♦'ram 4•,f��nru................•• t1�� i d ,. Parcel B, and to Caney. and their successors in interest as owners ;} ' +n c of Parcel, C and D. a non-exclusive easement acrona that portion ' IrJ4t. 5'; 1,4 I } I ,1� a of the proper'y described in Exhibit C hereto that lies within 'it ' i�'strhi1 i \{LL• "•1 Parcel A. ak}':'}ai ,,q/ tee q B. Ca lays, as the owners of Parcel C, hereby '1' t\ ' 1, Q r4, fps t}!v y 5,4 ' *try r�,aa grant and convey to themselves and thelt successors in interest / h' ! �! 't • '� A{i:71YY. LI , ,r ' t !r•)••74xx• 1 as owners of Parcel D. and to Malone,and hie successors in inter- ;,� pire A eat as owners of Parcels A and B. a non-exclusive easement spoils { i ,,'f_A f ',V.'',t s r. Rr 'el `i'4 t' that portion of the property described In Exhibit C hereto that f 5, '� • 1!1 _ ,l •lid�Sl _$, y • , lies within Parcel C. i ' y iA;�6.•.� ..• r ,. L wS) 1 i'.1 '„7 ? �� 1, Use of the Easements. The easements granted here- ' ' 1i.„ hs r ."•'.,',.'''',. r y • J ,II0 n1 i}, ' under shall be used only by the parties and their successors am I + , nib T owners of Parcels A. B, C and D as a means of ingress to and ,N.. t 11/''' .r i_, egress frog, the foregoing parcels for the owners of the parcels y .`•tt 4 iIi43t i'Y. t ' and their tenants and invitees, s L • .� . ti 1k. fib✓ n� �k { (1 1• Maintenance of Easement. The separate easements \y ' ter, ` ,{; s`,t r,, granted hereunder shall be maintaired as a single access way in II ri r `x' ! , ••, ;L .Aqt t , good repair and, at a minimum, in accordance with such standards 11yi, !.r ); 1 i', �1^ �Y as the City of Lek. Oswego may from time to time require. All ' s i ;/r; a rf ,��` themaintenance, i , expenses incurred in repair or improvement of i• a t ] r.i„f1S1 1 � r°1 the screen way I•xrept expenses incurred in making the improve- i== 11, 2 o rnta described in Section I hereof' shall be borne squally by ,' Y t , -a. 4 .,i�),i,,.lv ° ). , the owners of Parcels A, 1, C and D, In b„ event any owner +' �'tl 1O~ • ,r Calla to promptly pay his share of any suit expenses, any or all s yi ;, i .y;':W of the remaleibl owners may advance the defaUlting owner's share ''t i-y0,;,t,! (r/1`it ha the expenses. I 4,. �,l i• y, t. .a ' sAj 1 + .1 ♦ , +'. `T•.: t el li / ( ,,' t ,-tee` .,, � t, ��ye MAR a tsaa 1 ' R r th a ', 1 - pact/pow, EASEMENT AOnEEMENT •r R ,:41i! i 1 1 2 l• . 4 dyc-r TV'''L� s• Cdy of Ulf fhsei x•r i V 1 �' ,,' _ .` .,.il.tvit!',.,-11-d fit+. ' i�+a, ii RiC.I^ t.1 ,t...,» '',�, 1' _,i ati , stt fi'' rktY ,.. R _ 'k',y •tm�r � t.}}i t i •R i•,Ht I 1 ,L Y111 r,.e.t..) „ i i,_ r e ,�'•. «t,. r, �. .:i, r k.J fi � 1 •`4y ,.�7. Y. i t•t , „ 4rrf it � '�ti y l' i e 4 rR .t v ,1• x v 1 tN rf .1 �; 4 ��1 , "'d •. i �e�,.�, �,-•� 1 aYl«� • i ��N r1 i��4.V.1�+1•�q •� t4{. i t;,/ � 1'� t 1 q { 7rt' V♦i �a „ 1,�, y y+ur�rA'e. 1a t di• ,t f`_ ��•t 1 1tt ', t�` I r 1 i4 'f'F ` •a� ct ••T ,.1 •5•r� r. +yt•t.... a Y'f 1a 4A• :i 1 1 d •, i .4M, A•, •,t i • i a•• t:1P y x 8'1 •b i :w� � t : • 1 , �I.dM1R,tft"1..L i1. 1:7b�..dFYI' t .�'. .�i * •e'.a' l; i• . i.r.l r ' •. i , i,-s,'k�'.p[, 11 r.i a r'..77,...~a..rvam,,,,..4pcaec. ik11ew.r :r.. ... <"� .k.. .It,,' 1' f ;6.,:�'r+NemlaR tx i,i6aw....t1; ...:b,NY".,2 Ni.ALA„Ut.2.v.lokl.t.kh,M...Akt*t...,•ii •t !s ......i+L - _..,, r+ f.' -',, .4"" ia'' 'v t1,;'; 1 a r. a 1, - '1"!• y.; { " ^ i �}:ar ♦. :.Vr C d Ai,'JA E 1 A jAi Y 'f a i, }' t 1Y' 1 as , 4' t, .r r, •i itr �.* e's t �'``..t _y�t'..A� nth. ¢ ,1. ; 1 ° 'y 91a,, ,�.•`4,,,"�., t'� # is,L�Yu 1 .1" d., >t,-a 1{ a Y .1�` f.} 'l � q , , ', 1 t T } d ,hi+l Ill , i•,1i, '.M t,, � •}' u•A � , -, 'i i,yd t ,,'.rh f ,' ' 4 ''k• ,-l» Yy r.• 1"t,'i�F• •I4 a' + i 1,,..'�s, �f Her,.w °� _ •�,e ,6',1 ,1, "11 N .j-1 k v 1� W 1 __ rn a 9 ..... t ' )„reel ... '` .`. Y."' �ctim.,l,yar• ''r" 11• 1tN/1?�'7K•• y '` + yy X vti• r Pm1 r�TVPm1h! of L'a arMn!• 1J1 ' �'' n '�� A, At euch tine as the owner of Parcel E or I , ,r �1� t t. parcel r..;•Iatcc 11^rravement of the easement as provided t: � 'i 1'r city, '• herein, . ,'-i inn evert en application In made to the city of (ta t''t1 I.,a s<�e Lake 1^aua s i?1 7 for a building permit to either Parcel A or Parcel !,'.i 1 i� .t. ++tt 4,; +� C, the ar-cue use +hall be improved byr 1'�.y;�:,#1 ,'. 1 r �''• t i ".' �' .•' ? 1, Paving the center 20 feet of the 1.1`3fJ •'t' t t'r, r c ••i, arras, way to ouch specification.. as the Lake c M' ' z • k ��'+ ° y y it' 'a.egn city Engineer may require, including all �:�� ,s,l K � hr t,� tt t, a r rnrenaary .urvey and grading work and euch other .+a } 1 `'' v action" cc ne be nerou •lil r t, 1 ery to prepare the access + +� e rr.. ts wal for pav,ngr and, P I. P^ineatine the water and sewer ';y 1 ' 1 ! `r ,3 .r ' , q,, `11,00 serving the four parcels subject to thi■ t.L 1;•1 k', t ; t ', Agrcement in such manner as the Lake Oawego City ya1 ? 3,..',., +X Engineer may require, ry ?rfn, " t' r •,a The owner of either Parcel b or Parcel D may undertake the 1 i. improve. 4 a , ' r E'. '`• { rent roqulrei hereunder at any time. It a building permit ie +Iy,Tr lr If ri L • sought far either Parcel A or Parr•1 C. the owner of thr parcel ,•'AT, • „y4, , t:{4,. t r' rfi .,, T• • P i1, t for which the building permit is "ought shall Undertake the ,'t + t;. r -mac A i -r ' X1 Ty • 4 , improvement required hereunder. The owner unduteklnq the ri t " 4r + , to � t.'* o ., l f r' r; P r; improvement (the 'Initiating Owner') shall obtain from the Lake rt • : 1 4 r Pt O►wego City Engineer a statement of the requited improvements to ti:' , 1«G r t :-,t , Y i{�r , the Loco". toy and shall obtain estimates of the coat of euch ..if,..::: t , 1 4, T ',It Cl ` �p .• ' +` w la,provamento etm at begat two 121 contractors, The Initiating r t ' '� ,f t It'll, Owner obeli frrward the foregoing statement and estimate' to the '1M v t •t t i'V (t +.t owner" of Parcain b and O. Who shall hew thirty (so) days trots '1 �,` a` ,' 1 �4 ' '; • ;r�X :- raroSpt of ouch documents to re lret a contractor to make the t . t t y a. q�f, , ,:' • -, • aP ,� ia Ott 1 it 4 ^'• required icpruvomento. In the event the owners of Parcels 11 and .1 � f 0 fail to agree on a ee ttrartor, the Initiating Owner!1 shenlli�sef�lect •.M1`r, i, �� ? "'� nj �'A' 'r^ a contractor to Hake the required improvements, lr�1l+J V bU ��D " t ``f , IIIJJJuuU I`� r ,rt n t+ r'tt 1 t 1 ,. ' 'Li i a t r 'r t . r th , kt Y- t, , S ' fr9cXPAOCA. 11Aetivrr o.IM AU11tT MAR 3 1988 t A, 1' r . Y . ' * S • r tCult tt itt Ota,e " °"t �.0.6. 'a�,i1 yt,` • �I:t;Y t _} g.14 ' +` i',$l' t :ryA 'A." Y .• ry� ai4t '•j4'l J,ji," :ts d'1�. •t4v. �• St t y r i t v...!!`;',,‘,:-" Lit, , y ^4 . , t+i{ a r .et µ1/1r 1ti ML,w "` RtP} t ,• ! dv + (( . '' `;. , + .r4, , ' ?,t`r .4r;$. � +it . 1..Q ita►e _ 4M+ g, '". . � vb MY,,y4,t,t,,.l. '' 1f,4M p { • • ..1.>• � � 8•1U,� . Y t!r. e1d' T t,' }t 1 t ,i i.L..M,. ..7 1 X"r+"Y',+�•s.•''�,.Y .aI :."' ,T f•�. Atli•• , en ,,' * it t,,i `1t."' t•! a e�i tN•.X t.'' i. ' , _..ati.0. STner,“11 rsatta.!w4-TAp-r�fl pr•'17141r _ `"+ ' . , • �'I .`>,r `tt v Y t ' i r,Q"'1-w ,• aK•>. a ctly`,' eiv♦ 'lib w b a j. ', iw �t+�i •rt 1 nµd, .d.y t1'i ati ' �' ti'' '! y i tv'y i j a' • Vai 1�`.A' ,a �t R.+,,, VVtw,4h Y ra ,, . ,f, y A •i ' i t P. .',i •e t•, �;. t-' _ '`�,t >< t 4.1 IY r — t.r 1 n -, i 1 "Yp;, •Jam/W9ao•Aio ta.do.s.r_ w J Mw 1�.y. .r • f r..'L' �f"b.'�ytAamJ-�Rp'1 I r.y;:ta TT mot +;I 1 t otirr'; .r " n The expense of the fnrra^lnq lmpr^•'anent. to fn C r I• , she': O o or ' , .n.ly by the .weere of Darrell. A and D. In the ,• i •a•' .r r.; " r 1 a .'' 11 •'etr r, r Irth of sold owners falls to promptly pay hie «F a r' , ti ' + � {�� JN` c A4 1 J.,,a C. aH a .. *hat .• o �0 ore, he initiating Dune: shall advance the + t `•3• ' +`''-,'t r, l ea r .t,.d,' Ut, t. st r , A iq defn: v,•- 'a a:,etre Cl the capers ma. .'i { 1 . + * r r r ? i ' '•r'' '• r. r ie.. far rs ranee, It any owner advances all or •Y' iy: t !t a', 1 +`I r a J 'a . S,{t9 any pc:.r.,:,r ••r a defaalting owner'a obligation pursuant to ;,� R�� ..w1 1 ; r 7 fr vk z4;` •+ bet i .a ' • a heret' any such novae,, shall"rnnatitute a debt . t'.1;111 e?r a rot •4 ,• '•. .#44.` of tt.a o.n .tli 1 twner to the owner making such advance, which , ^r}"s1': ..! '." rN r ' y1 }"' c.11.i• tv j dent shoal ^a* Internet at eighteen percent 118t1 per annum and 88, Y. t "••3 i , 1i r l•�•• 4 al i�si *hail 1e a. .•" Iv a Iten again■t the parcel for which the i;"'.E r{t!a r tti ! f•r .` i ff .if, •ry. ,.l1lylt A4,lt t 1 �... '' "ti t� �i .,_ •xpersaa .:oro al,,en,ed. Thu debt, together with ell interest p� " 1;, Ig�t, . ,Y ri•';•�.' Accrued t eracr, ahal' be due and payable, and the Ilan may be l r{,' ;l kr �' . l i ,it r l�` tarn -a the earlier of 111 *ale (including execution of i c+ � q ' �,; 1 ry I- r t, '' i r, h r 't ll.t �. a contra • •ot aalel of the parcel for which the expenses were ',el." a la'. rt r,t` r}1, t r II ii 1 t.` Ik Yt f:`` ` .'}��y„r.'r saver.,e,' .1 five ;'ears from the date of the advance. Any i'^'�� r+14�yt� lRf r .�. I I," r t( .. tt;a�tp�1�r+, liar .ton•,•• e,.•:f.irer shall be subordinated to any mortgagee or , ;', .., f r, ua.* 'II!' S7tIt"'n'.f'> el,a :t +•Q, ' u' t ` } •.g4 ,• �� deeds of tt.,at errunuerinq the binned parcel, The parties agree i•Y j Lit r Mir f l 'yy�140 ar to .xaru•a n 1., uments as may be requited to acknowledge anyfa { '• t 0 _ si 1} R • 1 f t debt neared eeeeunde- and to create or perfect any lien created • ' i• f y i ,.a v ' a Ih v i 1 • 1 , t . lj• rr-y •. ,tYF �,: • %' r,.s i;r.w* C!f_a_�t. TM. Agreement shall 6 i' Iy o t ' •T a, A"nry ". ' contirue to+iot'tatiy as a cuwhent running with the title to , .•r L • r-. "e, 1 4 4 t rt' 'I , t i ref /..,lj.t... a is ►ercale, A n. " and IY. Thi, Agreement shall bind and lhur. to t aJ N +"1 "i+ l t ' , + ,! "I' r .,x°.,r/ye2" the to.,ofUt . r "re lerttee end their respective heirs, 4 r a iVirr, l , aoalrou. �II�n'Int� Ir f +",•' ..... s t ?•T F e o. „• r ` ;"*.*` ter eUCC*IP to anti 4ll @ V L�4 D.) w ' 1 to r f i l r. t 15 ka : 'a�" t • ..r Y o e y �j� t �7 I ~ .k • •k�,If *t V, 4.;t Ae�Y ,AAR v 1988 . • . ,,, 1�t t S." 1 r' r 'a { ' r,1 ` }i 1 •• prelim,,n:AL IA a.morr A clattrtM ''e ';a. 1 Y ' W 1 }. 44' r a1,a.f: City I lit Osseo :era 1i 'k+r 5 � i. ' 1 Kt, ..ti 1 .it 1 } y • r 'G, Cai" •l•v;i or, p / r• 1 m sl SdhRrS ^ 71 ' {A .'ts ]?•`•y ''''• {Y• ' ++'v^t + F�r1�.1'a Y Ll ♦ r v Y i .1. •;� ,., r I ,.. .••l a. J'+`1..4.•, . x it t } VZ X� • say Rein t,'t er r r 40 t' • ki k"i Y r.r . ,r M y ,..o:: i' q`'{ we a Y i t •', .. .fi a A r... ' ,. a1�w , i 1 r r., •i• :rt• » ,, r l'r e, '`�+ 'i �' r a.l .:.h� ,t'. •ti�?!�'!y1�:f•tt° Y rillly�;>::Sr'�.i<.1:�� "�,�}•1 i t }t• rat . .Mj .• Fe , • A 11, .' ••' I.1• i♦ty"1rarla /. ♦.t 9 •T V i ] �L.51` , 1 �, i '"%.w� h 1 'i 1 ,.• +.t�: � 4. f.J M•t !W 1 I" v ~.y� •` f' .f .,, 4: '3 ;? ;f#.•!'i ,. �.f r - -: t •10, I. " ,.x .v. , w;y ♦ .. r ...:--;aii -.._r • t .4.r -I. i- T4a -.1}e,'" , Y r •` r }aye •-.71'•ti r t clit ..1., • a r " ^ ?� rt ' . '� J •e !'� � • 1 eX Y _ , 1.i t fr. r •xa• : + � :-tr�.- ». w' ' yA' . ' 1 a' - r1 ; w1 •R tH . ` . Y •.' •. ....JL3."LR' ZY •=re..x'....V.`+tr'... s tCY erior—rros---7----;.t,Yo.., • � f '' . .-i. a .• • '• , •'• e " , ' ••� .�. _• ` { ,teap • Al >' 1 Y+I • a ,.ao •a r. .ar t r co,." f 'h• „p F'.y v ,'Y 1 Y , i,• '•.D - h. n * . 41'r yr c . It' . •o.. a a •'a.y .*4.+ _ .... �" I• „�. ,�.. ..'.. . . �1 .:ate. 'y t �' ; F ti' '4 t. I+!I t�i' ( " l• -'. r��•Y•... Ir ti t _ Y YklYu. .. �` ,31. i , .TFRitv le M1 .tir_r.J'f••i•p.,�.._•.�.•1r•�.i•yva•..-w.+tr..e•• wr y..< •Fu 1d-i$,' - ' I.p.•'t li' f� 7. Attorneys rrrs and Costs, In the event of cult or F :'""'r et' ''ti ,;-... action to enforce the terms of this Agreement, the prevailing a • IlvYe party shall be entitled to recover ell costs Incurred, including ilvyr F I�s attorneys fees at trial and on appeal, `�.:L.`.4I' I < DATED this day of ►vbruary, 1962, t+:as+ l"I , ' 1. a j J tD3..t1.1•au :.4 i .aLJ rd• .. a v, I . [i It. CASCY . :'1 Y ' ry IF t'A y ltty • :1�•'�!.' I leer 11' ^r•.,II+�t`te�:,.1 '�rlt, -f �y� ANC S Y k,',•pA1 +a .1✓•'!I ;t 1�1• ' n 4t • ,' f, , I," k1x t` e • y'•{ a .vI ' • J r• 1 I 1, r ` • i s N Y'Y♦ n.ILyr4N • t " `f 9. w t1� v y .. c. ..,�i i!l,e,hit .r•..•. y. i it/,.A. • ' Ar, ,K :'' �� 1 411 4 rJ1. • J M 7" �Ry i'1 4 i t i I +T' t+)•. 4•� �6 1� Y /I hJ+ p O • , ,, t rd p�. T a a l . �`� MAR 319 $ .F N , ; I • +1 +HL at • \./ •.1•I I 1 0 , ,a,b•ywi • ' V. I - )ICIPIIOCAL tA1MEMT ACktrxaNT City at talc Ot,d gd P i"'J• 4 . r to e• .'$'.F 1 land Dalalapment tames ir•"i; a.i :'s''- •1.1 a,'f,I't•�, • ' K •` ` • .R,4, •1144 a:4. ii••tr�,. �,, ri",,,,;, • a `�, „L ,.`'1y. ,,i•«d t its :;a .a;- r�+.•,.45(�i w, it i ,1. i i r { f. t t,7[1�,i '} ,1" t ar.�'.+ • :+'. ri"Iwn/ .I ,p. �, Y,-`, t..— 4.:-.7, .'vLT' tY tp .' •.o y�,. . I••.•tryt, , , .r• ha.. F`tt.,4. ,w . 1.r:ec• 1 , 4 ol,6 • J��//I ,+�{ •"b• '.f•a ' ' �� , . , - a 1y��f1 a„ , ' tiA Y1, tsl;a,`,0 "*.• �u 4 `,YW.M•?t;!IY�1r,4". 4 ' f,�.. .\. •J }'if:•`, "../V .t11 •`4•ia• K.`•1\�t , .{1,� »< 1 � ' •i 9yY1. : t, ' • ' • � I . a.0i9l a G.; I a •"tM. �. . `iI`. r' ' f v, ..... l ii1 ,` r , , i, � ,•.,'' t1 u � t Mi J F ` , � � a lr I 1°i to .l k`� ty i _ • ;a , # I.. ' -i 1t 1f q 4 r— t f , t 4 s .1 P ' Y Ii I '+ 9 , ,: i • Y, ' , t 1 t t r Vi ' Ftate of Orranl an S 1 \ l..>r., 1 ,, rt County of t� , t"^.' y �;t 1 sS s '� U i? �j dey n1 1952, before me. ,�'""'., t, k 'Zia` s �r'„ eenali`,' appearc tl'ra ebovr-nemrr lt7t` U. MAIANF.. uho d deed. x „i 3; i tiC , Y ' � {, rdged the farrgoino Inetrunrrt to 6r h!n voluntery el' and deed. ' • a lj� ` �' ` ax 1 oleo}• u c or orego f ; t ' �•',, . '.. My Commission expires. w 11ti. ♦ C OF Olw.i. p�.TltVfeSttlf' .l • �v�tv •�+!-1 `fit '7.i'll'i . .. :e..•':•••.• • State of ore 7 1 N vI a„'•„t•l. County of 6`�W�) { .,'`tC"�t` t b��.'1y;��!•�' P rti .J.1 q` l ' ��►kek� Fi.3 On thlr day of „ rt aLy. \,ha eekn iy 'ry peraonaII. appeere dehnve-Want DAt act and deed, „r•4y., t r�[ 1 instrument to De hi voluntery a . t ,'. > ,^f a. edged the,tnrego ngFy t Y �.. J: '1f1�-t. A__�r rrgo ��as r r��•� 1 t'•t`1 t I ' '11,),..7711,M otery e j,��"�y.� ,,:,,,.I....,.„. NY Cmm�irelon explreal� �rw r 1t h �� try .h' .,g,}• ' ,I 4 �i`I_� S -._i I t '. + - "F w., 1 i k\'^! 1 1't1f. •,y ti r, Fy. 'Y'\ ., Jl.'H j..h •I u +., t pti f'•:` State of Oregon 1 a+ r t t k r•t S. r county of Clw�� 1 i..t. a+ (.,Ct Y ".t ,I 4 ,. v'3 '.b� + (i+ ��,• t9l2. bet�te that b?;� "ri ir. '-` '- + _ ' "'' ' On lhie /th dev of tebruet tL CA5CY, who aeknovl- j ' . ' '+ { rt " 'sL► 64'1�: l 'personally epprar�S F YTr �bnve-name • 1:1 +r edq.d the (ongolnq lnelrun„'n! to bo her voluntary err and deeds ' ,� r� t r7 ' M' " + (I tr ,ql• ' ffl r . tt ' �Q tY • ;p f ti 'h 1-0,4, : '•r l.'=4 • I.I • y Via'•;• t i • otCtaYxnlsai eoPl[eegt_/1/ g _ • .t u ,,, 1 1 ia•+apt yeti 'wi}et. .',I,...•t' �s't 1. • ' d . ,, x, „�',t.Y ' ',...., r 1, x, 1''• :• ��• rt . MAR 3 1 8 •,• },� s 1 t• .� .•tom.: f}'•'1s r� , lea' • 4,. ty„ C �, ,1 }°. I. ,\F~+• t t• { - P►e1P!OCh1. t.M E$61rT AOPCr.HI:NT Cdt.,1 lJk!Quiet a Ors 1'nr } y1f) u �i ,, lN 0. ir•.. .. , 4\ �c� �t.t. ;"'T 'x, .� w E X Ft,I D/T x t. \ •. -, ..;•' • ,yyNw,,•, f r. , fll'`....0i, R_.•4.t,091,40-*=r,r a l,- ,,• t y .-- Y 't. 1 >IC t 11 J ' 'SA?' 54 ' .. f • '' f, •� .1,IS L�,t + r+Z'•.e.p,+tt .'t tI,"i ,an,y .Iv.,. .it;'• �•1• ``�: C'oF'!J"+_ r !t : -\' R;i :�,:kY'o�m!�.�lY�lf...� - ',i /• ,rl rt tvbi A ' _". . t + u.„ r t ift/• rl 11 I, s a,r ,• , ,.• t � , Y.... r'' ,l. ` • t+. . t. �" .�,'... 11.•. , ,a y,, 1" �\ ep .. h �}'a .4 •. . , .,. r• •• '• *,-'t,', ',..•:.; ''•,,,,': .. , .,. •,,,,, • ..,,,,,....••',-..,,,y. '''..'7,.. ,,•,"..I.,,,ii::7 t..:. t.".,,..., • ,••• ' ,' ' • ', . :'$' • tive.. •...';,"; I ....,'''',•,:e..... ,•:,T.... _ . ,.,, re,4...t1;,,, '.•••,".,A.,•.„.,,,,,•,.' ,'''.'k,'..,..,r.'7:,..,N.- , ••7 '4.': . 1 (..1-.41• • •.• ‘;'.*•'1.1e.',,CY:',:ii,:,,,' e,,V,,,,:l.:"eep!,•4'•,k ,, :,L, ..• ..„... .. .,•. .!,,...,,,.;•,„..-., ,A.. r 1 it.",,:i.,,,,,,.,.-k•••._. ;.,,,,,,,,i,.,..!.,.. i .. „,,,...i.,'..k2,":„,•:ii,. ..Y;, .,..,,ii',',.. ...aak. 1 .i. ,..: :. .. . t„,,,,,.... :. l'':''''"Pr•:.',ii':' ..J.,....,•,.• 'i'..t.'',.:‘:;:..;",.''.::..r'-$.' '', -1•"'''ri''''''';''''4.':1 \'' ' '*•,..:;,1":,;,.'"...i,`• '-•10,,f,".:•,,i,-V; :•''•-,..•'''.e': '-' t•4' 1.:47.1''=•''''‘:''''flt.i,411 ' '','''. I. r •L . r-- 1 ..,, 1.'',•^',,.. 1. ,..••t.‘411... •4';'!"!'$ti.'•••••'','',:, , .•,; , .It."?.'• , e• vir,zsvp1;4_. .•• A„.•, ,„ 4 i... ..I,;1',A.L..0 •..,...,.. . 0.1/2,0?01.01,4'tir14,0441,,: ...., . .• ''.' 0 '..,:.',','•-.Pc'.-.`','''';',I. :14,1,.:t..,`L,',...,1':','. ., ,0,4•t'L. 1...::''.!,',0P','.':,::.1 le ht,'•,),••%%'‘;"-%. '';..4,':'•^•,•0..1_'', r :i•j•C•Yr;V. '4.'''''..•1, '.L1‘... ."1:e•'',1'•:44';, L';,.•;.'il,;,ti,..,'•,.. •; ... ''i' !..''',..'• ,:'.;;,,',,‘,•et.i..r.•:,, `•';;Fli:I.:.•,‘"::'..4" 4., !,--vntA,'•"! Lrijej:,. ;•:..::t .,,t. '...,:......:',.,,...,;:•,..,'':,."...,'1.,,„.:-..!`'•,;..1 li*„'. ; ;ii -..,.;:::‘,.,, . .,.,.,- ,-....-:',,,,....i.,..,4,,,... ., , ,,,., >,... ... .4 , ., 4,,, J.p..«11. . ,, , .:',....`,,,,•• ,, :;•-• •!.,''"' ' •%,i:.;....L'',..,'.',,'‘,. ....,;,:,,-,.;',,:,;',.,;!,,,, .'••,:',,..,, .'.''',',,'• .4.N le '1 P . ',"".' '•', .'-' '','t•-:1;'.'',,..," :. '‘'4 ,,t •,, ,•-, ',4;r:'1,.••t...;:.';'`..•;';'' ,''...",''...*I.'r` / ••,'d'i:.',7,,,(::,--4•;4,•,' •••,',"''11,';.'.0,''••• EXHIBIT 4A* '1 • ;. ,..';;. `'*`.\1 *:'," ',,•,,,,ti',E; , • ‘,,•,',,:.,T'''',:.';',:''''.'P,;',',- ' ,., Parcel A ..0,,,,,,,,i,,..•;,,,,..••• Lit4,',„,:flyel,.,_ ',.'; .,4 '...,',,,r.'.•',:,',.'.,,'",C.,'17'.:',;':";',, .'''.' 14 The Southerly 100 feet of the Northerly 115 feet ofo,tatrii: E1;it.:19.10,y1, 72.16 feet of Lot 20, LAKE VIEW VILLAS, Cla:11,11::syC t 1 linesirespectively {' ,r,tir$ 7t,. '';';,t;'' ''',..,, :':,-., a! measured pa ra I I el to the Northerly and E '-41444•••':* '1';•.' 444:...,: . ,1 ,1*%:17.:' , ''' of cud lot, s''`....i."-;,1'L.,•.:''.... F,..i...?,. i', .,,....",;;;..4.`...',..:,.: ,;:f,',.:,.:,;,':p..,,%,r, f_a_rs_t_l_k r.',I; ;..,',;•')f,•,:i('l.,:.;,` ' '' '1...,.'‘4.•°•.;,."!...;4;0,Y4,):.,..r. ...,,..4,.:.,,,..i. ,..-];',i':,•',.;01," The Southerly 245 feet of the Easterly 71,16 feet of Lot,20,t,L)AlEit -,,S.i,,,1 r.,,•t ,,1". ,g,,, f._.,4,,i, IA,•••,,,•..,,,',,,„,;,:,,, VIEW VILLA1, Clackamas County, Oregon, as measured parallel s, ,,!, 4 Northerly end Easterly lines respectively of said lot, •r4,..:1J•,,,'',,,.','''-''I.i',11.,'' f',7.•,7,,:,',.• :, ',."..,.r.:::t;.."'','''!. ..t:'...,1,4'4t-7.4,. • :.,`,,:,,`'„,k,-,,...:,•',,..;,'• .:.^,,','1 4.1:V,P;i'..,,, % ,• 4,•4iI:,;:.4'Nf,.,,•,..0.?,.A,.14!1•;:,,,::;;•±.,PI1 i:‘,.'-.t4,-,.1'.''/4•.:411.,1,,,,.34:',:.,',"2 . / - .,?,4:*:.1, it !.., ';',..,!:'.;'. 1....*.4, ',i':'."or,'r,c'*••• , 44 i.t.11. ' ' '' ,0.1.0tt,,Z-'.I....,17., !:i..7 L,...a":"..14AA',':•''. ,0:'''.''' .•';'•*.•4•7.1t.;,!',4'.fr.,;',,4; ..1.1:4 .,*,.;,,' ,,,,)'r ',$.,,:. : 4,,' .i,•v' I., •'V. .."`'..i; 'I.'., tA l' I. ''','rr: '". ' • '1..".k..". ......,'..'' ' CI>.--'""'44'- ' •':'". 'Z.V.,'',.‘:'''' 'L 4'''', •,:' •'').:, ',..,‘''e': *,a '4. "0!',.../.'' v ;*, ', :' .,'. '.1' i . ''Q.'ir'''.,.4."...1,..•.%% '' .: 0 xr ' , , ,:' ..: ' ' I..,.'"I'.4.44., *•',•,',.„ ..'.',k::::-iy:',„.., 'y,irt • - • • ' ':, . '' '''•• 447.,1`.:-A'l ,—,;-",,A,''*•., • •,, 0.., . -•-• ,* '•••• . •„1,„•••,,,••,i, „•••t,,' i'4 1 4'''.‘'. ' •.'. .'t'' t' C , ,,, 0.4. i S. f, S ' '1 ' ',',. tY t /.1':.''., ...."•'•4P'..,'''' ' '' .'''''.'" ni@orr)ITILD ,'A'''''',•,1' '.' MAR 3 1988 ,..,"..... •,.... , .....,, ....,.1.........., ..f.,• ..,,....... '1 .. . ..„... , ,, 4.. ,.,...,,,•,,,,,.„`,fie,:t',.V.ve.iii ,' '- " '.•' . --• *''''i).'i.,4,44,,," .T' lk.4,1i.' ' ...'•••,i3O ..1' ,`,. .,'.!.'":•.': '.,!"'‘:1•l''S'',. '" CO of tate Oceeco ;.•''',7';'417.' ' .,*:' .—-': , ' Land Dertkpinent Sew;.„....,v.,.tr ,0.IL , . t t,.• •, r,., .0,..0' it ^ * ,64„1 j • - :* ;•.:,•'`'n!','.'„,:','v. ." ...ip,.....4, ..rizr . ..., .; , r ;ITC,.,..„., ,_,-k." Z .• . . :- 4 ' ' r . j: 'IS "Toil .' • ,, 0 q r':, ‘:::.9::-,i',.'' .-444- ' • ' ?'".• 4t.,:t2r.fleri.e‘ .14 t'... 51._- ',: '. -, • ,.,,t.,.i . th-, .,..,,• ' ''''‘!,", 44.. 1,.4.it*r,r1. *N0*.• ' ' r ' . ‘1,% .'1'''..' ti4'<''''''' .;z.-13) ":'4; •'., . , , .n......4,,,,,,,.•,.. .'.. . ., ,..,v. Li.-.1 L'4'. *.14- * ' ',Pi.'"...•'• ' '' .4•1.'7,.*.‘-''''.:1 ''•'''''.'l'.,. __.' . ' 'I" • •' . . nn‘n .' ' 7r,,,. . n , • •• , ' , . .'., „. • , • ,, . . , .. ,S ' 4 I:, .11' ' ' 44' ' . • . . f. a, 1 ,',,. 1. 4 :JY 'A, �7p•1Ae•Wlf..•,.,!•'•;,:.,x• M !• F•„1 r 1 • ,`'ItiMvo� • - • 1'i 1 V + ��' i'•,i � ' ; • IJreel C I 4ti 1 lr • ry is t - ,w�C ,r1 �' ! , .' J The Southerly 100 feet of the Northerly 115 feet of the Es terly 39 Y' !' • li.r l ,,,, r. , a! t .' Y '' feet of Lot 19, and the Southerly 100 feet of the Nort-�+erly 115 ;",i y , ,feet of the Westerly 39 feet of Lot 20, LAKE WV VILLAS, eleakagea r r+ Y County, Oregon, as noesured parallel to the Northerly and Eeeterly ' ltnee respectively of inld lots, oqi • laM 1 �t�c1yiM1,i „1� reriel n e �•Nd' i s+Y } t' 4 Af ,{4 •r?*1t' The Southerly 245 feet of the Eeeterly 39 het ot Lot 19, end they y ' j� Y,��'A 4 t Southerly 2115 feet or the Westerly 39 feet of Lot 2O, LAKE VIE ,, d e VILLAS, Clsokasae County, Oregon, as measured parallel to the .. {++ e y., Northerly sod Easterly lines respectively of meld lots. b lip, t,`•y ,-, yr,..rf ` ' Nt., ,,V� a- , Nor { . - i : a 3. ..L}� Y . a 1. a r Y t' ' Y w t ♦ • • 1 1. ?1. a y , �I f,fa t. ., k i..i.Gt,4 i Y ,f i{. , ,, i + .. r:, . 1 I 1 ' ' ' i T., i� � 7.l.• e, i . »;1 c Apt Y �'.� �4 � ,.� 1 r'. i, .,Y r Y ,M .. 'i''. Y MAR 3 1988 t,,) ,,,,,,L.,.:,,,,.,,,,,, 1 ; �'A�"•, a,L' :;Abe Y` �+v Ede DI Litt Oi.a i y".:?i 'a • {.air +' ,. ,y L;n �Ct....,, l.. ... fa,i3• 4- n` '�, b 1 r .� T + ,fit -•... qy» » r Ai bit I, ' '��,1 .�'a'�y � Vi: ��t �f •,. u1t�"': '►,i'1.i i a»�.t' !. .w 8 ,4 w • y r.• r a ,,t , r�l , 04, ,,i a ,` L'i'.7,s+.tf'4`rWa—•twr tlls'o.Mr..-r.. IP �la3hrC�1lyl0lM,'�SY�i ""'._ ,w `alC `Yi.�' a t' 7 J ti +' _ krr '"i t_om. :,u-. _ ' ...t i . ..._, , . . .... ..,.: ...- .., , , .. .�,. a.. ? a, r -1 R.. ..,:,.. ....„ d • .". .... p• r,N'. _.lnr: ... +..X•yr...4v`r�J�: :3'i'+-, r r+y ' .fir - •(T • ' "' t,:': 7.,rf":: Y EXNIOIT 'C' 4c N•1` r, • ,r ' i,: portion of Lot 20. LAKE very VfLLAS, Cleckames County. 6Lt �� Oregon, which is described as follow, - 4 .Yr i` ra Y at k a �t`' pt,;INN1Na at a point on the North line of said lot which bears S4,66 feet Westerly from )�, f. r r the Northerly corner of said lot' thence soUth- " easterly parallel with the Easterly line of k L W` �: said lot 115 feet to a point' thenee Southwest- / ` eyr erly parallel with the Northerly line of said y r •' a lot. 25 test to a point, thence Northwesterly tit ' f parallel with the Easterly line of said lot ��' '•;,+ parallel feet to a point on the North line of Bald 1 f 1 r �'. lot' thence East alone said North line, 25 , ,�1 r S, feet to the point of beginning. �r , •r r , bbb r ' SAVE AND rECEPT the North 15 feet of the herein .,_", r;y;' . .r described property as measured parallel to ti ;. }; the North line thereof. .s C,4 p„ •.p t • ts'i• f h ,• ' 1lilt : ,.�iS•4. ! lilt .• �� . . .1. Yw,,t •� r �� 1 .r !,,,trt R + .NI :.0 fi '' "a' 4'•ii 1 Il Eli a. 3 !YA,w 'r ,1 ., I141111 AOa " 1 .? f y d 1 ' a • a I �a „' e a a. . t. i� + �� of N T'! 'A,tt . 1 11411 a Q 1111 r _ .. •y .!, r,.. :h•.1 it M.11,� ♦ f t'xyi . Ida u ,>: DC NE?T' D w ,t ts.e ;. , i 0 ' /4 x �. + v 1 A • . MAR 3 1988 •. `,,,+ 1. ., *• t i '�, ;,.Tit y' ,,. ., '+. 6�+ _�� '.' h+nr'• r�'�k'YL'ret l�{1GKd�!so y' r /�� r} iorg e• U r• 4. . M� 'f t . .4 J .imi i�: 7Kirmotorompme r^mAew` Rlaf'WtK 4' �• 1 ., . • • b ` • V { V Yi • ' t ' -} . tl � ; {', .i, , ,i. • • 7 • Y. 1 'i 3 �' t t. ri, - .J .... y`.. K,{}M • t r 4,;, rl ,t r Y i I 5 P 4P, —MEMO- ♦1 TO: Michael R. Wheeler Ldllf, i ' ' FROM: Wayne Halverson and Russ Chevrette( 4_ t RE: SD 34-81(Mod. '88) t ih Aky` DATE: February 26, 1968 The following are our comments with reference to the above app]:ication. They correspond numerically to the approved, 4Y . condtions: ) , ;Need Exhibit "C" to complete review. t ' Condition #2 of SD 34-81 was never done, and lap mustIt now completed before we allow any building p involves four separate parcels. 3(a) Designation as a fire access road shall be done by the �` . ,- ': owners of record signing a recordable document declaring the shared driveway to be a fire lane for the benefited y, properties. A sign shall be posted on the newly paved 1'. . driveway saying "Fire Lane - No Parking Either Side. y , ,d .-.Recording the document should be a condition satisfied before issuing a building permit for either of the undeveloped lots or any further land use actions. (b) The new driveway shall be constructed before occupancy N. p � 1 is permitted on any residences built on the undeveloped lots. The standards for construction are a minimum of rt' 0 2" ;of asphalt on a minimum of 6'' of crashed rock base, ��,.• properly compacted. 4. 'No comment d 9a; tEri .p► {" f ) r. . . w.. ,,, ., ` ♦ 1 ' :'pis .+ b r r'; 4 y; 5. We can support the applicant's request that Parcel D +' (T.L. 502) and Parcel C (T.L. 501) only be required to take access on the shared driveway when Parcel C is ' . developed. The development of Parcel C shall trigger ' rr 4 the requirement for Parcel D to abandon its present 441 ` driveway in favor of the newly shared driveway, and remove or relocate the existing garage un Parcel D upon ; + the development of Parcel C. ''i rx�r 4 a ',. 6. The survey of the parent parcels is necessary to ensure �' that the junior parcels can be created as proposer. It , ; �;' is standard practice to establish the entire boundary before junior parcels are partitioned and this ' lY. requirement should be satisfied before any new permits . are issued. (Original condition not complied with.) 7. While the tree plan in Exhibit F shows trees at the I • middle of the parcels, significant trees exist at the' , P ': mouth of the driveway to be widened. More detail is needed to satisfy this condition as they will need to be cut or protected in the driveway construction. • 8. This condition modification is supportable. There is no apparent need to move the sewer line. However, the rr : domebtic waterline to Parcel B cuts through Parcel A an should be relocated in or along the new driveway. Likewise, Parcels C and D will be needing the same kind ' of relocation when Parcel C develops. The common driveway, therefore, should also be a general utility ' easement for the benefit of Parcels B and D. New meter locations are to be in the shoulder, not in pavement. 9. Drywells shall be designed for new homes on Parcels A ' w• and C and submitted with building permit application for those lots. These parcels front Upper Drive in a location where there is a potential for ponding in the i +' shoulder of the road and runoff onto the new driveway and lots from the street. Additional graveling of the i shoulder to build up its elevation will be required when ��+ the driveway is constructed to mitigate the ponding. 1 t 'i 10. No comment ' r, '',. ' 11. The fire hydrant is 12' away from the proposed edge of driveway (west side) . When the corner of the large “,t ., Laurel 'hedge is removed to provide a vision clearance triangle, the hydrant may be overly exposed to traffic y4lk ''. on Upper Drive and to turning motions into the driveway. , y._, The city reperves the right to require the applicant to uW move the hydrant back (south) upon visual inspection of ,fir 'Fpq � ,.+ ,t ry': t' , r ',' � " ` the conditions when the hedge is removed and the new driveway is grubbed out. (Note: The City moves ' :' ` , hydrants and charges time and materials. The maintenance department says the costs arc between $400 and $500 but the bl.II would be for actual costs. ) Any • • costs associated with moving the hydrant are to be paid t. ! ',• :, , to the City before new dwellings are occupied.• 'u r Additional Notes: ,, f The new driveway will require the removal of the west A 1T x side of the Laurel hedge "tunnel" on Parcel C and A. �,,, i, sufficient cutting back of it at the corner near the " -a� ' <,` .,',' .'', h drant to y provide a 10 x 10 vision clearance triangle. ,, „r:ri Parcels A and C shall have their electric, telephone, ":ir .,. and TV cable provided underground, by drops from nearby �•;� poles. It is recommended, though not required, that provisions be made to the southerly parcels for the extension of these underground cables. rl,i s a . I • '." . .t If y�. 1 ,, A �:~ I' J A .y1 !i 7 , • t t. • c'' ,k‘ t+ EIBI • `t' y '/X�N �3',Y �� ,i `"1" 1 N' 8 47 I �' , ,. 24 .�' R, • . r i f1N.'t sF • ♦ . N i k, a0,s: 1 t ' ' 'r >":a 44 l M1 C t u 't I''' M1i• F - ,A t,; s iN o. • Pw I .v;+l �.1 t i 1fi i ' �d 1 't Ja. °'4 ' ' + ` y .J 1 '� P 4. 4 d' N ', •1 7 1 l� IN• `A d1, i 1 i ,' 3�t FIRE LANE AND EMERGENCY ACCESS EASEMENT We, the undersigned, being the owners of the properties described herein, hereby declare the access road situated on our property to be a fire lane, and hereby grant to the City ' of Lake Oswego and its agents an easement to use the land r+:: '." described herein for access by fire protection and emergency vehicles to serve the adjacent properties. Said easement is • appurtenant to the land and shall not expire except by the ,'• grantee's execution of a recordable document evidencing such expiration. In authorizing this casement grantee agrees to ' allow the grantors and their successors in interest the use , of the easement and improvements constructed in the easement so long as such uses and improvements do not interfere with the grantee's use of the easement for the access purposes herein stated. The lands subjected to this easement are Parcels A, B, C ald D as approved in City of Lake Oswego Minor Partition File SD ' 34-81, and more particularly described in reciprocal easement agreement fee #82-3543 Deed Records of Clackamas County. t'4 r, ri OWner. , Parcel A Daniel M. Cartwright S Owner, Parcel C `• a•k rkr - - -.__— artwrl h Lw �`. Daniel D. Caseym Daniel M. C g Owner, Parcel B Owner, Parcel D , 1' q' STATE OF OREGON ) COUNTY OF CLACKAMAS) ,G ,,%'• On this day of 1988, before me '., personally appeared the above named , .' ;:C.,, who acknowledged the foregoing instrument to be his voluntary act and de''d. STATE,OF OREGON ) rr COUNTY OF CLACKAMAS) On this day of , 1988, before me personally appeared the above named r who acknowledged the foregoing instrument to be his • voluntary act and deed. ;•, 4I 't STATE OF OREGON ) • ^"_• 4 COUNTY OF CLACKAMAS) '� on this day of , 1980, before Me personally appeared the above named r_ who acknowledged the foregoing instrument to be his .4,'. ` t voluntary act and deed. + ,�. Nx k • 8 4'13 .. fir , 4' .4, " a 4' 0 H � d,t t s• et . , w' "t$ 4 s u , ? r ' V .' W DEVELOPMENT REVIEW BOARD MEETING DECEMBER 7 L 1J81 PAGE 8 ' ' reconsidered. If the easement was paved, there would be a loss of shrubs and trees. Condition M4 requires the right-of-way to be increased by 10 feet, and the road will be widened and traffic will increase. Condition 17, mentions a ' P. potential development of a rear access to the site. Previously, there has been mention of a possibility of a cul-de-sac access from Douglas Circle from the north, and this is not a popular idea. u ; Mr. Bates asked how the applicant would resolve these concerns, Mr. Kibbe+ responded that he has only had a week to consider these things, but they are in agrement that they would rather not see the right-of-way widened from 40 feet to 60 feet. Mr. Galante pointed out that this is a collector street and it requires a wider right-of-way. This street is projected to have five times the amount of traffic that it carries now by the year 2000, and that is the reason for the ,I condition. �, ,� Opposition e ' Sylvia Keller, 15655 Twin Fir, Tax Lot 2700, would like the request postponed because the Review printed an incorrect address. Public notices were not ' received until December 3, and City staff had said they were mailed out on November 20. The postmark on these notices was December 2. If the item is not set over for a later hearing the neighbors plan to appeal. Ms. Keller r,m objected to the lack of a registered survey of the property. She claims that . with a 20-foot paved easement, the setback Will be only 2 feet 8 inches. ry There are tWo large fir trees marked for cutting, and this will remove an impowillrbe Uffer. thee two lots development)are a dense hedge, . She objectstoosing and a lot of privacy,that and thee , added traffic. Mr. Galante noted that there is an affidavit in the file indicating that public notice Was mailed on November 20, 1981. There is no explanation for i the delay in reaching the neighbors. Ms. Petrie moved to set the hearing over until December 21, 1981. Mr. Bates ,, asked that the concerns as discussed in tonight's meeting be addressed before the next hearing. Mr. Eslick seconded the motion, which passed unanimously. SD 33-81, SD 34-81 and VAR 27-81, a request bLFrank D. Malone and Daniel Casey for approval of two minor partitions. Mr. Malone (Tax Lot 400)o pro proposes .` to divide his lot into two lots. Mr, Casey (Tax Lot 500) propote his lot into two lots. In addition, the applicants are requesting approval of . r a Variance to allow the creation of two lots Without road frontage, The site is located at 3500 and 3520 SW Upper Drive. A shared 25-foot wide easement will provide access to all four lots (Tax Lots 400 and 500, Tax Map 2 lE 8CD), + r I� ' Ms, Mastrantonio-Meuser presented the staff report, noting that the new ordinance requires a tree-cutting permit for trees over 8 inches, and a tree-cutting permit must be obtained if necessary, ' +�,... 8G� r3 .r, . DEVELOPMENT REVIEW BOARD MEETING DECEMBER 7, 1981 PAGE 9 • V Mr. Galante read the new Development Standards, ,15.005, Page 49, stating that � • on residential land the area for street right-of-way (public or private) must be deducted from the acreage. He suggested this request bo tabled until the question on the area is resolved. , Mr. Pilliod noted that this might require another variance, which will have to Il be advertised. It will have to be determined whether this is a street or a . driveway. This decision could impact other hearings, as well. Mr. Bates moved to table the request until the next available hearing. The • motion was seconded and passed unanimously. Glen Chilcote 3480 Upper Drive( stated that the 15-foot additional a requirement for right-of-way being asked for by the City is wrong, and feels the City should wait until that land is needed, and then purchase it from the landowners at that time. Ms. Petrie reported that she had received a packet from the City with $1.12 in • postage on it, and it only required 370, She asked that the procedures for • weighing material to be mailed be checked. FINDINGS `- . r a VAR 25-81 and DR 15-81 were approved. ADJOURNMENT There being no further business, the meeting was adjourned at 11:20 p.m. Respectfully submitted, / • i , ,'....L• C , Beverly E. Cpgjhill Secretary 0080P • . ' T 2 A I. Mov.'at - 84re4 . 1' DEVELOPMENT REVIEW BOARD MEETING January 18, 1982 Page 2 this is added, the project will have to be readvertised. Mr. Bates OgINggested that a bond requirement might be a consideration as a ralicy for similar developments in the future. Mr. Pilliod clarified the court actions that could be taken in this case. The consensus of the Board was to set the matter over for public hearing at the ,' , February 1, 1982 meeting. Mr. Eslick moved for approval of the tree-cutting plan presented by , ' the applicant. The motion was seconded and passed unanimously. SIGN APPkOVALS -- None. PUBLIC HEARINGS VAR 27-81, SD 33-81, and SD 34-81 (Frank D. Malone and Daniel Casey) -- To consider a request for approval of two minor partitions. Mr. Malone (Tax Lot 400) proposes to divide his lot into two lots. Mr. Casey (Tax Lot 500) proposes to divide his lot into tWo lots. In ' 5 addition, the applicants are requesting approval of a variance to allow the creation of two lots without road frontage, and approval of a variance to densitythe sit isalocatedon of at 3500eands3520tSW1UpperdDrive. LOC 15.035(2) . The A shared 25-foot wide easement will provide access to all four lots (Tax Lots 400 and 500, Tax Map 2 lE BCD). M . Mastrantonio-Meuser presented the staff report, and asked that rlio corrections be made on the staff report. Under Criteria and Standards, the Access reference to the Code should be LOC 8.015 (not LOC 50.340), and under Hearing Format the Code reference should be LOC 49.610 (not LOC 49.635) . She noted that Condition 11 might be eliminated if the fire hydrant does not have to be moved. A letter from Richard Hutchins Was read into the record (Exhibit C) . paving w Condition 3 should have additional dialogue stating that is to comply With Standard 19.025. Frank Malone, 3500 Upper Drive, applicant, agrees with the conditions of the staff with the exception of items 1 and 2 referring to the 15 feet of dedication. He feels that since the City has no immediate plan or use for this land he should not be required to dedicate it. Chairman Bonney explained the City policy on this requirement. Mr. Bates questioned the partitioning of the two rear lots at 100 feet In depth. Mr. Malone responded that this was done due to the phy • leyout of the land, and the existing buildings on the lots. The lot '• • lines proposed also save the greatest number of trees. Opposition - None. Ms. Petrie moved for approval of the request With all 11 conditions applying. The motion Was seconded and passed unanimously. 1 owners To consider a requeestcfor, and Ric ; create tWo lots fromrequest for approval � EXHIBIT 35-81 and VAR 28-81 (F. B 'ron Kibbe , a••1 ition to '-usan Kibbey, '- +stint+ ' partiallytdeveloped lot. In addition, the applicant is req 4p�.d1 4 7 tJ oo fl8 i . A - j . . V r , STAFF REPORT 04 December 24, 1981 • DR FILE VAR 27-81, SD 33-81, SD 34-81 . A APPLICANT Frank D. Malone and Daniel D. Casey LOCATION 3500 and 3520 Upper Drive . LEGAL DESCRIPTION Tax Lots 400 and 500; Tax Map 2 lE BCD NEIGHBORHOOD ASSOCIATION Lake Grove APPLICANTS' REQUEST Approval of two minor partitions to allow each owner to divide his partially-developed lot into two lots each, for a total of four lots. The applicants propose a 25-foot-wide, shared easement to serve all four lots. In addition, the applicants are requesting approval of a variance to allow the creation of two lots without road frontage and approval of a variance to the density calculation of the residential standard, LOC 15.035(2). CRITERIA AND STANDARDS Lake Oswego Comprehensive Plan Residential Site Design Policies and Housing Choice Policies, Page 57. LCDC Goals and Guidelines I LOC 15.035 Residential Density Standard 04 LOC 44.440 - 44.700 and 49.200 - 49.225 Regulation of Partitioning LOC 49.500 - 49,510, 50.510 Variances LOC 50.340 Access - Every lot shall abut a street other than an alley for a width of at least twenty-five feet. HEARING FORMAT The request under consideration is a quasi-judicial procedure which is regulated by LOC 49.635 which establishes hearing procedures for land-use matters heard by various City Boards, PREVIOUS ACTION This request Was set over from the December 7, 1981 Development Review Board hearing. It was found that a variance to the density calculation of the residential standard was necessary. Since this additional variance had not been advertised, the request Was tabled, DESCRIPTION AND ANALYSIS This is a joint application by the two owners of the adjacent Tax Lots 400 and 500, as they are cooperating in the development of a common accessWay. Each owner is proposing to divide his lot into two lots, for a total of four lots, Tax 400 Will be divided into a 77.16 x 100 lot (7,716 square feet including the easement and excluding the 15-foot dedication off of Upper Drive, 6,466 square feet excluding the easement and dedication) and a 77.16' x 2451 lot (18,904 square feet). Tax Lot 500 Will be diVided into 781 X 100' lot (7,800 square feet including the easement and excluding the 15-foot dedication, 6,550 square feet excluding the easement and dedication) and a 781 x 245' lot (19,110 square feet). Tax Lot 400 contains a single-family residence and a garage which includes a living area aboVe it. The site is densely Wooded With fir and decidUo ees • and brush. IX . •MIT 41�7G A STAFF REPORT (VAR 27-81, SD 33-81, SD 34-81) December 24, 1981 Page 2 Tax Lot 500 contains a single-family residence, a small, secondary dwelling el ,.. unit and a garage. The site contains many fir trees and several deciduous . trees. The majority of both Tax Lot 400 and 500 is relatively flat. However, the southern portion of the lots drops steeply (approximately 35 percent) down toward the railroad tracks. lXNIBIT r p� , The site is zoned R-7.5 and designated in the Comprehensive Plan as D4 (minimum net area per unit is 7,500 square feet). 401 df5 �+04 Currently, access to the site is from Upper Drive. The applicants are 1 .._. ' proposing a 115'- x 25'-foot-wide easement down the property line between the two existing lots to serve all four lots. The easement should be measured 115 feet south of the existing property line, or 100 feet south of the future property line after 15 feet is dedicated to the City (Exhibit B). The center 20 feet of the easement should be paved according to the specifications of the City Engineer. The 100' x 25' easement should be recorded in the County s Recorder's Office. The staff believes that a deed restriction for each lot is necessary for the maintenance of the accessway. A survey, prepared by a registered surveyor, is necessary to verify the location of the existing structures and lot lines. The staff recommends that the two existing and two proposed dwellings use the easement for access, as this will limit the number of accessways along Upper Drive and minimize traffic congestion. Upper Drive has a right-of-way Width of 30 feet. The staff believes that a e 60-foot wide right-of-way is necessary for future improvements aloi.i Upper DriVe. Upper Drive is designated in the Comprehensive Plan as a coli,.ctor , street. Therefore, the staff believes that the applicant should dedicae 15 feet of right-of-way along Upper Drive to the City. In addition, the applicants should sign a petition and nonremonstrance agreement with the Ct`V for future improvements along Upper Drive. There ate no storm drains along Upper Drive. Water and sewer services are •0 available along Upper Drive, however, the water line serving Tax Lots 400 and , 500 run along the existing driveways. These should be relocated according to . the specifications of the City Engineer Upon development of either of the tWo newly created parcels. Although the majority of the site is relatively flat, a drainage plan should be submitted in order to minimize any potential drainage problem. This should . be done according to the specifications of the City Engineet.The Drainage standard (LOC 12.005 through 12,040) applies to this request. There are no distinctive natural features on the site. However, both lots contain large fir and deciduous trees. A site plan should be submitted for staff approval, indicating the location and size of trees over five inches in diameter. A fire hydrant is located between the two sites along Upper Drive. It may be necessary to relocate the hydrant upon development of the proposed accessway. Upon development of the new lot oh Tax Lot 500, it may be necessary to 8 4 ar'•'' relocate the existing garage in order to provide proper access to the rear parcel. In addition, five-foot setbacks should be maintained along both sides of the easement. . STAFF REPORT (VAR 27-81, SD 33-81, SD 34-81) December 24, 1981 Page 3 Due to the narrow shape of the lots, as shown in Exhibit B, the literal interpretation of the Zoning Code would cause an undue hardship. The variances should be granted to alln development as others are allowed in the same zone. The staff believes that the variance to the density calculation of the residential standard is a reasonable request. As described in LOC 15.035 , (2) in determining e to density, the area in the street right-of-way must be deducted. For private streets the actual acreage (of the accessway) must be used if it is known or 40 feet of right-of-way, whichever is greater. The staff believes that it was not the intent of the standard to be so • restrictive. This standard may be revised at a later date. Further, the staff believes that the application of this standard would impose an economic hardship upon the applicant. Thus, the staff believes that the variances are p' not materially in conflict with the prevailing neighborhood or community plan, " nor injurious to the neighborhood in which the property is located. CONFORMANCE WITH THE COMPREHENSIVE PLAN The proposed partitions are in conformance with the Comprehensive Plan. All four of the proposed parcels meet the lot area requirement for the D4 density range. In addition, this proposal complies with the Comprehensive Plan policies to provide a full range of housing choices for all incomes and family types and to provide small homes on small areas. . CONFORMANCE WITH THE LCDC GOALS t.. ation his goal is met through Goal 1 Citizen hearing process pand the Tnotification procedures ofe the bCity. Goal 2 CommpprehensivenPlan and This reviewiof met Statethrough adoption of a goals. Goals 3 and 4 Agricultural and Forest Lands This goal does not apply. The property is within the City Limits and is not in farm or forest use. Goals 5 to 7 Open Space, Natural Resources and Hazards, Historic . . Resources, etc. The site does not contain any significant open space, scenic or historic sites. Goal 8 Recreational Needs iron Mountain Park is northeast of the site off of Twin Fir Road, Walluga Park is northwest of the site. Goal 9 Economy of the State There will be little effect on the State economy. Goal 10 available Housing Additional onalollotstat the existing zoning density Will be Goals 11 and 12 public facilities are available atublic Facilities and Services, a the osite land can be on M' readily extended and have the capacity to serve the additional units, *1 p EXHIBIT 8478 i 644% 'se) . • • STAFF REPORT (VAR 27-81, SD 33-81, SD 34-81) December 24, 1981 Page 4 Goal 13 Energy Conservation The City is in the process of developing energy standards. As of this time, the City has no energy standards in effect. Goal 14 Urbanization The site is within the Lake Oswego Urban service Boundary and the City Limits. Goal 15 Willamette Greenway The site is not within the Willamette ° Greenway. CODE CONSIDERATIONS The proposal does not comply with the Code, in that the two rear lots do not have road frontage (Exhibit B). RECOMMENDATION AND CONDITIONS Staff recommends approval of the two minor • partitions and the variances subject to the following conditions: 1. That the applicants dedicate to the City 15' of right-of-way along Upper Drive. 2. That the applicants sign a petition and nonremonstrance agreement for future improvements along Upper Drive. 3. That the 100' (measured from the property line after dedicating 15 feet to the City) x 25' easement be centered between TaX Lots 400 and 500 and recorded at the County Recorder's Office; and that 20 feet of d 4 the 25-foot wide easement be paved and centered according to the specifications of the City Engineer, and designated as a fire access road. In addition, that cross-easements between the lots be recorded and that an agreement for the maintenance of the accessway be part of a deed restriction for all four lots. 4. That a 5-foot setback be maintained along both sides of the easement. • 5. That, upon development of either of the newly created parcels, all parcels shall use the easement for access, In addition, it may be necessary to relocate the garage on TaX Lot 500 Upon development, This should be determined by staff. 6. That a survey, stamped by a registered surveyor, be submitted to Verify the location of structures, lot lines and setbacks. 7. That a tree plan be submitted for staff review, indicating the size and location of trees over eight inches in diameter. 8. That, upon development of either of the two newly created lots, the Water and sewer lines shall be relocated along the 25-foot-Wide easement] according to the specifications of the City Engineer, XHIII c,,.p►l .81 SIP'P;) STAFF REPORT (VAR 27-81, SD 33-81, SD 34-81) December 24, 1981 Pa e 5 , . applicants submit a plan for staff approval to 9. Tct fheroblems on the site. rectify potential drainage p 10. That the applicants obtain a tree cutting permit if it is necessary. to the 11. That the fire hydrant be relocated inedraccording determined to if it is specifications of the City 9 be necessary for the development of the accessway. EXHIBITS Tax Map B Site Plan Letters of Opposition (2) '` 0047P . 1 1 4. 1 EXHIdl 84'.50 STAFF REPORT .e CITY OF LAKE OSWEGO4 . it ----LAND DEVELOPMENT SERVICES DIVISION FILE ENO. : APPLICANT: ;e Robert Budihas VAR 9-88(a•-j) « PROPERTY OWNER: STAFF: Robert Budihas Michael R. Wheeler, LEGAL DESCRIPTION: DATE OF REPORT: . -.-- Tax Lot4900 of March 25, 1988 Tax Map 2 1E 8DB DATE OF HEARING: LOCATION: South side of Lakeview April 4, 1988 Blvd. between Iron Mtn. Blvd. and South Shore °"} y Blvd. ZONING DESIGNATION: COMP. PLAN DESIGNATION: R R-7.5 -7.5 NEIGHBORHOOD ASSOCIATION: None APPLICANTS RE UQ EST The applicant is seeking approval of three vvriancesvforathes for the alteration of an existing nonconforming garage; the ctUresiand decks; and onee variance ntoc exceed ithe o xisting maximum lot stru coverage, as follows: placedons on nonconforming (a) A Class 2 vawhich doian o not eallow rfor lany increase in the structures, nonconformity of said structures BLOC 48.700(2) (b)1 ; and (b) A Class 2 ck Variance in£an.R57f5eResidentialt from the rZonerforsthe yard setbatba VAR 9-88(a-7) � Page 1 of 9 Bal. • alteration of an existing, nonconforming garage [LOC 48.215(1)1 (SEE NOTE IN SECTION II. FINDINGS); and (c) A Class 2 variance of 13.5 feet from the required front yard setback of 20 feet in an R-7.5 Residential Zone for the alteration of the entry to an existing, nonconforming garage [LOC 48.215(1)] (SEE NOTE IN SECTION II. FINDINGS); and (d) A Class 2 variance of 8.5 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.215(1) 1 ; and (e) A Class 2 variance of 1.0 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the alteration of existing, nonconforming concrete foundation • structures by constructing a deck thereupon [LOC 48.215(1)) ; and (f) A Class 2 variance of 8.5 feet from the required setback of 25 feet from Oswego Lake for the alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.535(3)1 ; and (g) A Class 2 variance f 1.0 feet from the required setback of 25 feet from Oswego Lake for the alteration of existing, nonconforming concrete foundation structures by constructing a `- ) deck thereupon (LOC 48.535(3) 1 ; and (h) A Class 2 variance of 21.5 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the construction of three concrete buttress walls [LOC 48.215(1) ] ; and (i) A Class 2 variance of 21.5 feet from the required setback of 25 feet from Oswego Lake for the construction of three concrete buttress walls [LOC 48.535(3)1; and (j) A Class 2 variance of 7.4 percent in excess of the maximum allowed lot coverage of 35% for an interior lot in an R-7.5 Residential Zone for the construction of the two aforementioned decks and an exterior stairway leading from each deck to grade [LOC 48.225(1)] . I. APPLICABLE REGULATIONS A. City of Lake Oswego Zoning Code: LOC 48.195-48.225 R-7.5 Zone Description LOC 48.650 Authorization to Grant Variances tiO VAR 9-88(a-j) Page 2 of 9 Cr. • LOC 48.655 Classification of Variances Ali LOC 48.690 Action on Class 2 Variance Applications WC 48.810• Quasi-Judicial fvidenLiary . bearing Procedures LOC 48.815 Criteria for Approval B. City of Lake Oswego Development Code: • None C. City of Lake Oswego Development Standards: i None D. City of Lake Oswego Comprehensive Plan Policies: i ' None " 0 II. FINDINGS • A. Applicable Variances: In an effort to assure that all possible variances were ., included as a part of public hearing notices and the 04 Development Review Board's consideration, two variances, (b) and (c) , regarding the proposed garage alterations were included. Upon further examination of the applicant's proposal and the applicable criteria, it has come to staff's attention that these two variances are not necessary because, while an alteration of a • nonconforming structure is proposed, no further encroachments are proposed which affect this structure. Variances (b) and (c) represent requests to allow the structure to remain at its present location. Variance (a) is the only one required to modify the garage as proposed. The Development Review Board need not consider variances (b) and (c) and, therefore, may delete them. B. Existing Conditions: 1. The site is composed of 7,753 sq. ft, in a generally rectangular configuration. 2. The site is located between, and drains steeply down • from, Lake View Boulevard to Oswego Lake. • 3. The parcel is the site of a formerly existing, nonconforming single-family dwelling, which has been recently demolished. A new single-family dwelling is VAR 9-88(a-j) Page 3 of 9 l • under construction on the site, for which a permit • was issued on March 15, 1988. That permit did not • include those structures or modifications subject to ,t.his request.. , 4. An existing garage, concrete structural walls, and three buttress walls were allowed to remain and are proposed to be modified and incorporated into the dwelling under construction. • 5. The dwelling under construction is composed of three stories and has a lot coverage of 2,719 sq. ft. , or 35.0% (including garage) . The dwelling maintains tho • required setbacks of the R-7.5 zone. ' • 6. The dwelling under construction includes a ".rck oft • the kitchen which is not illustrated on the alto nit, (Exhibit 4) , but is shown on the Main Floor P1an (Exhibit 8) and is included in lot coverage calculations. C. Proposal . The applicant proposes to remodel (replace) a portion of the foundation of the existing nonconforming garage and ' to relocate the entry of the garage from the north side to the east side; the applicant also proposes to add two • decks to the south .side of the dwelling, utilizing ( i existing, nonconforming concrete walls, remaining from the demolished house, for support; the applicant further o proposes to remove and relocate two buttress walls (southeast) and to add a third buttress wall (southwest) to strengthen existing structural and retaining balls. Variances from required setbacks are necessary for most of these proposed improvements; the proposed decks also require a variance in order to exceed the maximum lot coverage allowed in an R-7.5 zone. D. Compliance with Criteria for Approval As per LOC 48.815, the Development Review Board must consider the following criteria When evaluating a Class 2 variance: 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided sufficient materials with which to evaluate the request, as evidenced by the exhibits. 4 VAR 9-88(a-j) Page 4 of 9 8434 2. For any development application to be approved, it shall first be established that the proposal conforms to: a. The Cily's Comprehensive Plan; • There are no Plan policies which are applicable to . the request. ' b. The applicable statutory and Code requirements `4 • and regulations, including: • i. For variance applications, the standards , found in LOC 48.650. The eight requested variances may be grouped as dlaswto type and will be evaluated accordingly o Garage Variance: (a) regarding the reconstruction of a portion of the garage foundation, and ofwhich relocation of the garage entry, a portion • will remain nonconforming; o Deck Variances: (a) , (d) , (e) , (f) , (g) and (J) regarding the addition of decks atop existing, • nonconforming concrete foundation structures and stairs from decks to grade; o Buttress Wall Variances: (a) , (h) and (i) regarding the removal and reconstruction of three concrete buttress walls for structural stabilization purposes. e As per LOC 48.650(1) , the Development Review Board must consider the following criteria when evaluating a request for a Class 2 variance: a. The request is necessary to prevent unnecessary • hardship; ' Garage Variance: A hardship exists with regard to the present use of the existing garage in terms of safe egress (backing) into Lakeview Blvd. This condition, which plagues many older structures, is can ofpthe entry, ang temedied s o as proposed, Willlb Site.alleviateRelocation this hardship. Deck Variances: While the concrete foundation • structures do exist, they do not actually present a hardship in the continued use of the property. The structures, while perhaps unattractive, do not VAR 9-88(a-j) Page 5 of 9 , • y 1 . 1 prevent the use of the site, but rather enable it to be used, due to the support that it provides. The proposed decks provide two results: encroachment into . required rear yard and Oswego Lake setbacks; and a lot coverage of 7.4% in excess of the 35% maximum • r . allowed. The site strucLure provides the following lot coverages, not including the proposed decks: Dwelling 2,051.5 sq. ft. Garage 661.5 sq. ft. Total 2,012.0 sq. ft. = 35% of 7,753 sq, ft. (lot size) ' The applicant's designer has noted that the usable ' floor area of the dwelling is 4,055 sq. ft. , or slightly less than twice the allowable lot coverage • (based upon that area occupied by the dwelling) . • Based upon the fact that the dwelling is proposed to be three stories, this floor area could approach three times the lot coverage of the dwelling. n+ The applicant alleges hardship on the basis of required exits from the third story of the dwelling • (Exhibit 10) . This exit is in the form of a stairway on the west side of the dwelling and provides a lot 4 coverage of 115.5 sq. ft. or 1.4%. The decks proposed to the south are not required to meet the Uniform Building Code requirements for fire exits. Their purpose, instead, appears to be to provide more exterior living space and to cover unsightly concrete • structures which retain stability of the site. No apparent. hardship exists that requires that decks be built into the required Oswego Lake setback. i' While the applicant may have a desire to maximize views from the dwelling to this important feature, to • ' do so should not be allowed without adequate a demonstration of hardship. Buttress Variances: A hardship appears to exist with - - ' regard to the inadequacy of support for the existing concrete buttress walls on the west and along the • south (both are 7'6 tall) . The proposed wall on the southwest is quite reasonable under these circumstances. However, the applicant proposes the removal and relocation of two walls on the southeast, which appears unnecessary. . VAR 9-88(a-j) Page 6 of 9 8486 , to . The ex, 'ing wall runs east-to-west, requiring support from the south. This support is provided by the existing wall on the east, which runs north-to- south. It also appears that if shortening of the east-to-west wall is required to better support the proposed decks, a new buttress wall could be half the ` length proposed (north-to-south) , with no need for 0 the short wall (east-to-west, 3'6" tall) . ' • b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; t Garage Variance: No detriment will result from rehabilitating a portion of the garage's structural support, nor by relocating the entry. An actual • ., public safety benefit will be received by the entry relocation, improving sight visibility for ingress- ' egress to and from the garage. • Deck Variances: No apparent injury would result from , ` the use of the existing concrete structures to ' support the proposed decks. • Buttress,Walls Variance: The buttress walls will not apparently provide any detriment and, in part, will , ', HI aid in the stabilization of this and neighboring properties. ,a ' c. The request is the minimum variance necessary to ' make reasonable use of the property; . Garage Variance: Since no changes are being proposed to the area occupied by the garage, other than to i relocate the entry from the north to the east side, , this variance is the minimum necessary to improve and make reasonable use of the property with regard to • 1 vehicular access Deck Variances: The applicant has not fully utilized the allowed lot coverage of 35% to provide the decks proposed. While some portion of the applicant's desire is to cover the concrete structures which .• ! remain from early construction, increased outdoor living space is an obvious result of this proposal. A Other areas are available for such use with some • redesign of the dwelling necessary. The dwelling provides the following areas which are devoted to marginal or single floor uses f VAR 9-88(a-j) ~ Page 7 of 9 d • 4 Stairs from Third Story 115.5 sq. ft. 1.5% Kitchen & Kitchen Deck 379.5 sq. ft. 4.9% Roof Overhang (south) 64.0 sq. ft. 0.8% Total 559.0 sq. ft. 7.2% The applicant proposes to exceed the lot coverage allowed by 7.4%, an amount which is nearly compensated by space available above the existing kitchen and kitchen deck and by redesigning the fire exit. These changes would provide 854 square feet of additional floor or deck area without increasing the lot coverage or requiring a variance. The proposed decks and stairs comprise 568.75 square feet. Since these ether options for providing both additional floor and deck areas is in excess of that for which several variances are requested, the variances for rear 'yard setback and concurrent Oswego Lake setbacks are not the minimum necessary to make reasonable use of the property. Buttress Wall Variances: The proposed southwest buttress wall is necessary and the minimum in order A to stabilize the existing wall running north-to-south • along the westerly property line. The existing southwest wall running east-to-west appears to have existing support from the existing wall running north-to-south along the easterly property line. The applicant proposes to shorten the • east-west wall, though no clear reason for this has been expressed. In proposing this shortening, two new Walls are suggested. The proposed north-south wall Would offer buttress support to the shortened wall through it is not clear that the full length of the wall is necessary for this purpose. The lower Wall, instead of offering buttress support to this new wall, appears to be a retaining structure, completing the enlargement of an existing planter. The applicant has not demonstrated how this variance is the minimum necessary to make reasonable use of the property. • d. The request is not in conflict with the Comprehensive Plan. . There are no Plan policies applicable to the request. 41) VAR 9-88(a-j) Page 8 of 9 8488 • E. Conclusion Based upon the analysis above, the applicant has complied with all applicable criteria for the Garage Variance. No • actual hardship exists with regard to the Deck Variances and, moreover, these variances are not the minimum necessary to make reasonable use of the property. A hardship does exist regarding the Buttress Wall Variances, though only the westerly buttress wall is the minimum necessary. The easterly walls may be redesigned to reduce the degree of variance requested. III. RECOMMENDATION • Based upon the findings noted above, staff recommends the • following: A. That the Development Review Board approve variance (a) , the Garage Variance; and B. That the Development Review Board deny variances (a) , (d) , (e); (f) , (g) and (j) with regard to the proposed ' decks and stairs; and C. That the Development Review Board approve variances (a) , (h) and (i) for the westerly buttress wall only; and deny the same variances for the two westerly buttress walls. R Exhibits 1. Tax Map 2. Applicant's Narrative 3. Memo from Tanya Durham, Designer, Dated February 19, 1988 4. Site Plan 5. Elevations 6. Elevations 7. Upper Floor Plan 8. Main Floor Plan 9. Basement Floor Plan 10. Memo from Tanya Durham, Designer, Dated February 26, 19889 VAR 9-88(a-j) Page 9 of 9 • Va8 31 2 dVW 33S ' t- v ^ I' \ M Ni. 1 9: + Q) ♦ and I '. / r� / titn i' �w ` • O)m �• (/ N \t ~O • • `i ` •41 t. O.o ; O !S 0) °v OD N I tV 1'iri •t, 97•i►, tip'0/' Mtn . / 4 -.• et S� I. Osd .lid! ^ e. \fie i \ • oo ft it sO 0:0' •�" so' \ CO01 .) '� /1 1 1 0/ t j r•• . 6 �/a �� • d ice• t°ri y �t ♦a # N �. R4. p Ea 1 8'i 'c )C d ff v 4 p r t IS.i Ind� `;.14. Ml�S I* * O4``li �N l., / \ 4i ,a ot� • ; �! w w?t k to 1 '' to .4 . x• • o .� \ ' ' urk db L �w �t ••,! i LVa, �1� GC "'i,,�r, O' �� /.J • .w i� i \ \ o ; g 0i ;ice .'N. t .J0.0$ ♦.^ a �!s r \ ,`1 )i 8� i1� N t ,N OS N ,J .M A•/ 0 AIM) 1f O *en •— 0 4J'�' r `• r4 dt fill II. • ` .�tc► 1 V t. `�,��.__\,, of- Err \ 415:. gilS, . ,- 0 ., to,.N \ ‘,„, .... ,.. ,,,,, „, \,..i,% 0 .....• ,,,,,, ‘ - - /, 7 5 I 1 . .,.... Tqf ." , ' rR .` .s•r ID 'o o!;r - . -.a i cd CONTINENTAL MARKETING February 15, 1988 kll'ItI.IN11N1,,1111 MANNA( WW1:IN 1111 Nlgtlll4li,t MUNEI' TO: City of Lake Oswego FROM: Robert J. Budihas FEB 29 1988 - Corinne M. Budihas GbolldAo o E L:�', J.19 38 We are requesting a variance for two separate issues on tax lot #4900. Each Variance is listed below with brief descriptions as to why we are . requesting them. Your consideration on both are greatly appreciated. VARIANCE #1 - REMODELING GARAGE: We would like to remodel the existing garage by taking the door off the North side and putting it on the East side, This will allow ample off street parking on a street With limited parking and, most important, will be much safer. Instead of backing out into traffic with very little vision, you Will ha able to pull into traffic after addressing any on coming vehicles or pedestrians. Please also keep in mind the line of sight is poor because the garage sits directly east of a sharp corner on Lakeview. The garage variance must allow us to reinforce the floor. A small foundation will have to be poured on the Southwest corner, No additions.or changes will be made in the size of the existing garage, New paneling will be put on, to match the house, ' VARIANCE #2 - DECkING/LOT COVERAGE: The old house that Was removed had extensive concrete flooring andl 'etaining Walls. The engineers would not allow us to remove this concrete inifear it Would cause the lot to slide into the lake. We are requesting a variance on the percentage of the lot allowed to be covered, The extra amount, needed is 41/2% above the allowed 35%, To put it briefly, this concrete is ugly! You can't chop it up, so.there is no way to cover it and grow something, The only Way,to 'rover it and'make it look attractive is with decking. We have designed beautiful decking that will cover mbst of this concrete and enhance the property, • 849t , •18175 S.W.100TH COURT •TUALATI'J,OR 97062•TEL,(503)692.8138•EAX(503)692-8178, CONTINENTAL MARKETING REPRESENTING THE MANUFACTURER IN THE NORTHWEST 044 February 15, 1988 City of Lake Oswego Page 2 ,• Both neighbors on the East and West of of us do not like all this concrete. They have seen and approved our ideas to cover it with this decking. Pictures will be submitted. Building the new house over the old concrete was not possible because it would not have met proper building codes in regards to distances from East, West and South property lines. In conclusion, this lot is a mess. We are spending an enormous amount of money to beautify it. Not only will this plan further enhance the lake but, it will make the community a great deal happier than it is with what existgd or what currently exists, 4 • KB 29 1988 City 01 ilk 01:1 _ 1 Load Mclopm at Scrka 1[ktie C:L .� 9 ACM A t Pa* • 181755.W.100TH COURT•TUALATIN,OR 97062•TEL(503)692.8138• FAX(503)692.8178 . 08. • February 19, 1988 TO: City of Lake Oswego FROM: Tanya DurnaM • RE: Proposed residence at 2950 Cake View Blvd In the fall 1987, the Budihas family purchased a residence at 2950 Lake View Bled. The existing house did not meet their needs and we began designing a new house plan which incorporated the existing garage. During demolition of the previous residence, Tim Covert,P.€. advised us not to disturb the existing concrete foundation, walls from the 1983 remodel. These walls were originally designed to be restrained at the top with floor framing. w The north foundation wall lacked adequate top steel in order to act as a retaining wall even though it had a cantilevered foo'ing. Tim advised locating the foundation wall for the new structure 5 feet to the south of this higher existing well. i The lower existing foundation wall holds the hillside in piece and is ■tablized by 3 existing concreteLbuttress.,wmlls. We would like to add a buttress wall and thennsow the existing east ' buttress wall to grade. This lower founddstion'iwtlli Aleadderslibio the back yard setback from 1 to 9 feet and into the west side yard set back 1 foot. 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'8xtli n t V Eli � 7 Z , .iii--,--- I4, _____,.... ]'' ny�l - _r,.0 ,,i�� • nII:' I IP ' 4, ' •i 1::,,.; d ..:411 4 04 kr: Cali` PTIEE ' ' 1 849() iiiiiii. • , February 26, 1988 TO: CITY OF LAKE OSWEGO FROM: TANYA DURHAM, DESIGNER • RE: CLASS II VARIANCE PROCEDURE page 1 of 2 • We have determined that: a. The request is necessary to prevent unnecessary hardship, as: This lot is narrow (62.50) with a 28%-30% slope and is zoned 7.5. RE: 48.215 - Setbacks - The pre-existing structure had (circa) 1983 foundation walls that must remain with addition buttress bracing to stabilize the hillside. One existing wall ,intrudes maximum 12" in west sideyard setback for a distance of 30". (refer to site plan) . Also, the southern most wall intrudes 9' into backyard setback. The proposed design integrates these walls into new house plan. RE: 48.225 - Lot Coverage - The 30% slope necessitates extra stairs and extra third story exit from sleepi.n'j °roe that • drtv'n 1hn hot uoVt rntJf' pan(' 1i", moxi um. 4'Ill` 'nil iol lt)tlia.l'lni of thu bonne rguwi.s 1,640 :,•q.Et. and is cnnt- i LinL with nowr'l development along Lakeview. RE: 48.700 - Non-Conforming Use - (Making Changes) L Cie existing garage is unsafe for backing out onto Lakeview at a blind turn. We request that we be allowed to move garage doors from north side to east side, to increase safe usability. An added benefit is increase of off street parking. • b, Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request. RE: 48.215 - Set Backs - The aforementioned existing concrete foundation walls help to stabilize the neighboring properties to the west and the east of Tax Lot 4900. The neighbors have reviewed our proposal with approval. RE: 48.225 - Lot Coverage - We are requesting an increase of 4 allowed lot ceverarte. This request is consistent with existing conditions on Lakeview. ° • • ,t)) Pal continued on next paw" , . VAR. q- cat .,.3 S UO A • February 26, 1988 , TO: CL'I'Y OP LAKE OSWEGO FROM: TANYA DURHAM, DESIGNER 'i1A . RE: CLASS II VARIANCE PROCEDURE page 2 of 2 -u , RE: 48.700 - Changes to Non-Conforming Structure - We have not • I increased this building's non-conformity as we will have the same building footprint as existing, except for a small addition to the east side of the southern bay. • �I •' `' v c. The request is the minimum variance necessary to . , .a , make reasonable use of the property. As earlier stated, this - lot has a 30% slope. , r RE: 48.215 - Set Backs - The existing garage is unsafe and inadequate by today's standards. We will develop safe access, ,W' both to and from Lakeview to the property, by making minor changes (reposition garage doors) and improvements to the 'A existing foundation. It would be unreasonable to remove the foundation walls from the 1983 remodel (Boyd Chapman) and • much safer to incorporate these walls into the new structure. " 'A;` -'. RE: 48.225 - Lot Coverage - The initial footprint of the main house is 1,640 sq.ft. , which is consistent with development along r . Lakeview. The decks help with egress from the main and lower ( levels. .-• ; w RE: 48.700 - The changes requested for the existing garage will - - make t more functional and safer. ,` r, , d. The request is not in conflict with the comprehensive plan.. The Budihas residence will be used as a private residence . only in a residential neighborhood. sir 10 z Y 4 , ' ; - 8501. ra, - r 1 ' 1' - r r.