MIS1995-00013 Decision - LES SCHWAB
CITY OF TIGARD
NOTICE OF DECISION
LOT LINE' ADJUSTMENT MIS 95-0013
STERLING DEVELOPMENT
APPLICATION: The applicant requests approval of a Lot Line
Adjustment to adjust three parcels of approximately 35,000, 35,231
and 19,247 square feet into three parcels of approximately 50,000,
21,685 and 17,693 square feet respectively.
ZONING DESIGNATION: General Commercial (C-G)
COMPREHENSIVE PLAN DESIGNATION: General Commercial (C-G)
LOCATION: 15430 and 25470 W Pacific Highway (WCTM 2S1 1ODB, tax
lots 600, 700 and 702).
DECISION: Notice is hereby given that the City of Tigard Community
Development Director's designee has APPROVED the above request
subject to the fallowing conditions:
1. A lot line adjustment survey map and legal
descriptions showing the existing and proposed lot
lines shall be reviewed and approved by the
Engineering Department. STAFF CONTACT: John
Hadley, Engineering Department.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
FINAL DECISION DATE NOTED CINDER THE PROCESS AND APPEAL SECTION
BELOW.
FINDINGS AND CONCLUSIONS: The findings and conclusions on which
the decision i based are noted below:
Community Development Code Section 18.162.060 contains
standards for approval of a lot line adjustment request:
1. An additional parcel is not created by the lot line
adjustment, and the exiting parcels reduced in size
by the adjustment are not reduced below the minimum
lot size established by the zoning district;
2. By reducing the lot size, the .lot or structure(s) can
the lot will not be in violation of the site
development or zoning district regulations for that
district; and
3. The resulting parcels are in conformity with the
dimensional standards of the zoning district.
NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 1
The proposed lot line adjustment is consistent with Criteria 1-3.
The proposed adjustment will reconfigure the lot lines, however no
additional parcels will be created by the adjustment. The General
Commercial zone does not require that a minimum lot area be
maintained. The General Commercial zone requires that all parcels
maintain a SO foot average The three reconfigured parcels will
continue to exceed the S0 foot average lot width requirement of the
zone.
The proposed structures to be developed as a part of the Tigard
Promenade have also been reviewed preliminarily as it relates to
this adjustment and will be reviewed for compliance with the
Community Development Code and the Uniform Building Code standards
through the Detailed Planned Development and Building Permit Review
process which will be required prier to development of the site.
In addition to meeting the above standards, a lot line adjustment
must also meet the fallowing criteria applicable to lots created
through the minor land partition process (Code Section 18.162.OS0):
A. Lot Width: The minimum width of the building
envelope area shall meet the lot requirement of the
applicable zoning district.
B. Lot Area: The lot area shall be as required by the
applicable zoning district. In the case of a flag
lot, the accessway may not be included in the lot
area calculation.
C. Lot Frontage: Each lot created through the
partition process shall front a public right-of-way
of at least 1S feet or have a legally recorded
minimum 1S foot wide access easement.
D. Setbacks: Setbacks shall be as required by the
applicable zoning district.
E. Front Yard Determination for Flag Lot: When the
partitioned lot is a flag lot, the developer may
determine -ae location of the front yard, provided
that no side yard is less than. 10 feet. Structures
shall generally be located so as to maximize
separation from existing structures.
F. Screening on Flag Lots: A screen shall be provided
along the property line of a lot of record where the
paved drive in an accessway is located within ten
feet of an abutting lot in accordance with Sections
18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and
to provide usable outdoor recreation areas for
NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 2
proposed development.
G. Fire Protection: The fire district may require the
installation of a fire hydrant where the length of
an accessway would have a detrimental effect on fire
fighting capabilities.
H. Reciprocal Easements: Where a common drive is to be
provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance
rights shall be recorded with the approved partition
map.
I. Accessway: Any accessway shall comply with the
standards set forth in Chapter 18.108, Access,
Egress, and Circulation.
J. Where landfill anal/or development is allowed within
or adjacent to the one-hundred-year floodplain, the
City shall require the dedication of sufficient open
land area for greenway adjoining and within the
floodplain. This area shall include portions at a
suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in
accordance with the adapted pedestrian/bicycle
pathway plan.
Criteria A is met because all three lots will continue to exceed
the 50 average lot width standard required in the General
Commercial Zoning District.
Criteria B is not applicable because the General Commercial Zoning
District does not specify a minimum lot size standard. Neither of
the newly reconfigured parcels is proposed to be configured as a
flag lot.
Criteria C has been met because all three parcels will continue to
have direct frontage in excess of 1S feet on Pacific Highway and/or
SW 109th Street.
Criteria D which addresses setback requirements will be reviewed at
the building permit plan check review for all three parcels
through the Detailed Planned Development and Building Permit Review
process which will be required prior to development of the site.
Criteria E and F which address the front yard setback orientation
of structures and the requirements for screening of the flag lot
access driveway will be reviewed for these properties through any
future applications for building permits.
Criteria G and I which address property access have been met
NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PANE 3
because of the design of the parcels. Each reconfigured property
maintains direct frontage on Pacific Highway and/or SW 109th Street
in excess of 15 feet..
Criteria H concerning reciprocal access was previously provided for
through the Site Development Review which was recently
preliminarily approved.
Criteria J is not applicable to this application because the
properties are not within a landfill. The properties are also not
within a sensitive lands areas which are areas within the 100-year
floodplain, wetlands, steep slope or drainageway area...
Service providing agencies will have the opportunity to review the
decision within the 10 day appeal period and may request
reconsideration of the decision if it may adversely affect their
ability to provide service to the subject or neighboring
properties.
PROCEDURE AND APPEAL INFORMATION
1. Notice: Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected government agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON 2224/95 UNLESS
Ate? APPEAL IS FILED.
3.._~a? Any party to the decision may appeal this decision. in
accoZdanee with. Section 18.32.290(A) and. Section 10.32.370 of
the Community Development Code which provides that a written
appeal must be filed with the City Recorder within 10 days
after notice is given and sent. The appeal fee schedule and
farms are available from the Planning Division at Tigard City
Hall, 13125 SW Hall Blvd.., Tigard, Oregon..
The deadline for filing of an appeal is 3:30 p.m. Monday July 24, 1995.
4. Questions. If you have questions, please call the city of
-Tigard Planning Department, City of Tigard City Hall, 13125
SW Hall Blvd., Tigard, Oregon.
7/12/95
PREPARED BY: Mark Roberts DATE
Associate Planner
C r if_,t l 7/12,/95
APPROVED BY : Dick Bewersdorf f ~ DATE
Senior Planner '
NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 4
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