MLP1998-00005 Decision - THOMPSON PARTITION
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120 DAYS = 8/11198
SECTION 1. APPLICATION SUMMARY
CASE NO(S): FILE DAME: THOMPSON PARTITION
Miner Land Partition MLP 98-0005
PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel
of approximately 20,100 square feet into two (2) parcels of
approximately 10,050 square feet each.
OWNER: Cliff and Terri Thompson APPLICANT: Same
14605 SW 139th Avenue
Tigard, OR 97224
ZONING
DESIGNATION: Residential, 7 Units Per Acre; R-7.
LOCATION: 14605 SW 139th Avenue; WCTM 2S109BD, Tax Lot 01400. The
site is located south of SW Bull Mountain Road on the west side of
SW 139th Avenue.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.40, 18.52, 18.88, 18.52,
18,98, 18.100, 18.102, 18.106, 18.108, 18.162 and 18,164.
SECTION 11. DECISION
Notice,
ty gil Comm it Development
ehas rverrthat'tle Ci of Ti g ar y Director's
Y 9 C?VED the above re oast sub°ect to cart 1 v
g APPR ain conditions.
The findings and conclusions orr which the decision is based are noted in Section- Ill.
NOTICE OF [DECISION THOMPSON PARTITION - MAP 98-0005 PAGE 1 OF 8
CONDITIONS OF APPROVAL
PRIOR TO THE APPROVAL OF THE FINIAL PARTITION PLAT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact
shall be Brian Rager in the Engineering Department at (503) 639-4171).
1. Prior to approval of the final plat, a Strut Opening Permit will be required for this
project to cover the sidewalk work in SW 139th Avenue, a new driveway, sanitary
sewer lateral, potential storm drainage lateral and a water service for Parcel 2.
The applicant will need to submit five (5) copies of a proposed public improvement
plan for review and approval. NOTE: these plans are in addition to any drawings
required by the Building Division and should only include information relevant to
the public improvements.
2. A a part of the public improvement plan submittal, the Engineering Department
shall be provided with the name, address and telephone number of the individual
or corporate entity who will be responsible for executing the compliance agreement
and providing the financial assurance for the public improvements.
3. The applicant shall construct a five (5)-foot concrete sidewalk adjacent to Parcels 1
and 2.
4. Prior to approval of the final plat, the applicant shall obtain approvals and connection
permits from USA for the sanitary and storm sewer services for Parcel 2.
5. Final Plat Application Submission Requirements:
A. Submit for City review, three (3) paper copies of the partition plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative;
B. The partition plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED,
6. Prior to issuance of the building permit on Parcel 2, the applicant shall provide the
Engineering Department with a recorded mylar copy of the subdivision/partition
plat.
7. Prior to issuance of the building permit for Parcel , the applicant shall pay the
standard water quality fee per lot (fee amount will be the latest approved by USA).
NOTICE OF DECISION THOMPSON PARTITION - MLP 98.0405 PAGE 2 OF 8
THIS APPROVAL I5 VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE FINAL DECISION DATE NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS REPORT.
SECTION 111. BACKGROUND INFORMATION
Property Histo[y:
This site is in Washington County, in Tigard's Urban Service Area. Effective 6-1-97 the
City of Tigard began to process land use applications in the Urban Service Area. No
development applications were found to have been filed with the City and Washington
County did not transfer any documents relating to this property when files were
transferred on land use activity in the Urban Service Area.
Site Information and Proposal Description
The property is currently developed with a single-family residential dwelling on Parcel 1.
The site is relatively flat. The site is surrounded by lots zoned R-7 which are also in the
Urban Service Area. The proposal is to split the existing lot in half to create a parcel of
10,049 square feet and 10,051 square feet. Both lots will have frontage on SW 139th
Avenue.
SECTION IV. APPLICABLE REVIEW CRITERIA, AND FINDINGS FOR A
MINOR LAND PARTITION
GENERAL APPROVAL CRITERIA
Section 18,162.040 contains the following general approval criteria for a Minor
Land Partition:
The proposal conforms with the City's Comprehensive Plan;
The proposal conforms with the City's Comprehensive Plan in that the proposal will
continue to allow for residential development.
The proposed partition complies with all statutory and ordinance requirements and
regulations;
The proposal conforms with all statutory and ordinance requirements and regulations as
demonstrated both by the analysis presented within this administrative decision, and
through compliance with conditions imposed as part of this application and review
process.
NOTICE OF DECISION THOMPSON PARTITION - MLP 98.0005 PACE 3 OF 8
Adequate public facilities are available to serve the proposal;
Streets, storm sewer, sanitary sewer, water and electricity are available to serve the lots.
Additional details and requirements for the proposal to comply with City and Washington
County standards are provided under Section 1V - ADDITIONAL STANDARDS of this
decision.
All proposed lots conform to the size and dimensional requirements of this title;
and
The lots comply with these standards as demonstrated bath by the analysis presented
within this administrative decision, and by this application and review process. Detailed
discussion of the standards and how each parcel complies is provided further in this
decision.
All proposed improvements meet City and applicable agency standards
(Ord. 89-06; Ord. 83-52).
All proposed improvements meet, or will be conditioned to meet, City and applicable
agency standards.
FINDING: Staff finds that as discussed above, the GENERAL APPROVAL CRITERIA
have been met outright or will be met a a result of conditions imposed in
further sections of this decision.
SPECIAL. PROVISIONS
Section 18.162.050 contains the following special provisions for lots created
through the Partition Process:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
The minimum lot width in R-7 zoning is 50 feet for detached unit lots and 40 feet for
attached unit lots. The width of Parcel 1 is 88.72 feet and Parcel 2 will have a width of
83.7'1 feet.
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.
The minimum lot area for R-7 zoning is 5,000 square feet for each detached and attached
unit lot and 10,000 square feet for duplex lots. Both parcels exceed 10,000 square feet
with Parcel 1 having 10,051 and Parcel 2 having 10,049 square feet of lot area..
NOTICE OF DECISION THOMPSON PARTITION - MLP 98-0005 PAGE 4 OF 8
J
Lot Frontage: Each lot created through the partition process shall front a public
right-of-way by at least 15 feet, or have a legally recorded minimum 154oot-wide
access easement.
Parcel 1 has 83.72 feet of frontage and Parcel 2 has 83.71 feet of frontage on SW 139th,
Setbacks: Setbacks shall be as required by the applicable zoning district.
Parcel 2 is not currently developed, however, any dwelling placed on the loft will be
subject to the setback requirements during the building phase. Parcel 1 has arl existing
house which is proposed to remain. The existing dwelling (acrd attached deck) will have
22.5 feet between the structure and the proposed partition line. The setbacks on Parcel 2
will be reviewed and met during building the permit stages.
Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side yard
is less than 10 feet. Structures shall generally be located so as to maximize
separation from existing structures.
Neither lot is a flag lot, therefore, this standard does not apply.
Screening on Flag Lots: A screen shall be provided along the property line of a lot
of record where the paved drive in a 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 proposed development.
Neither lot is a flag lot, therefore, this standard does not apply.
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.
There is a fire hydrant across the street from the property. The location of the existing fire
hydrant meets the requirement that a fire hydrant be located within 500 feet of any portion
of a structure.
Reciprocal Easements; Where a common drive is to be provided to serve more
than one (1) lot, a reciprocal easement which will ensure access and maintenance
rights shall be recorded with the approved partition map.
No reciprocal easements have been proposed or would be required for this partition,
therefore, this standard does not apply.
Accessway. Any accessway shall comply with the standards set forth in Chapter
18.108; Access, Egress, and Circulation.
NOTICE OF DECISION THOMPSON PARTiTION'- MLP 98-0005 PACE 5 OF 8
Parcel 1 has existing access onto SW 139th Avenue. Parcel 2 has frontage on 139th
Avenue and will be required to comply with access requirements at the time of building
permits.
Floodplain: Where landfill and/or development i allowed within or adjacent to the
one-hundred-year floodplaln, 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 adopted pedestrian/bicycle pathway
plan.
This site is not within a 1 00-yearfloodplain, therefore, this standard does not apply.
FINDING: As proposed, all of the SPECIAL PROVISIONS have been satisfied or do
not apply to this partition.
ADDITIONAL. APPLICABLE STANDARDS
Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm
Drains) have been addressed and are satisfied as specified below.
Streets.
This site is located adjacent to the west side of SW 139th Avenue, which i a local
residential street in the unincorporated area of Washington County. The existing right-
of-way (ROW) adjacent to this site is 50 feet according to the most recent County tax
map. No additional ROW dedication is required.
The street is improved with curb on each side, but lacks concrete' sidewalk, The
applicant should construct a -foot-wide concrete sidewalk adjacent to this site as a part
of the partition process. A street opening permit will be required from the City in order
to complete this work.
Water:
The City's water system serves this area.. The existing house on Parcel 1 is already
served. A new service will need to be installed to serve Parcel 2. The applicant will
need to apply for the new water service a a part of obtaining a building permit for
Parcel 2. The City's Public Works Department will install the service.
Sanitary Sewer:
This area is served by Unified Sewerage Agency (USA) sanitary sewers. there is an
8-inch public sewer line in W 139th Avenue that can serve this site. The applicant will
need to obtain a connection permit from USA prior to approval of the final plat.
NOTICE OF DECISION THOMPSON PARTITION - MLP 98.0005 PAGE 6 of 8
Storm Drainage:
Surface water management in this area is also covered by USA. Prier to approval of
the final plat, the applicant will need to obtain approval from USA for the storm drainage
service for that parcel.
Storm "Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) Design and Construction
Standards (adopted by Resolution and Order No. 96-44) which require the construction
of on-site water quality facilities. However, the USA standards include a provision that
would exclude small projects such as residential land partitions. It would be impractical
to require an on-site water quality facility to accommodate treatment of the storm water
from Parcel 2. Rather, the USA standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the
fee in-lieu on this application.
Grading and Erosion Control:
USA Design and Construction Standards also regulates erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required
to submit an erosion control plan for City review and approval prior to issuance of City
permits.
FINDING: The City of Tigard and Washington County street and utility improvement
standards are not met outright, however, a discussed in this decision and
conditioned, the standards can be met. The applicant must comply with the
CONDITIONS OF APPROVAL 1-7 indicated in this decision in order to
meet the standards and obtain final plat approval.
SECTION V. AGENCY AND OTHER STAFF COMMENTS
The City of Tigard Police Department and the City of Tigard Water Department have
reviewed the proposal and have offered no comments or objections.
The Unified Sewerage Agency has had the opportunity to review the proposal and has
provided comments which have been incorporated into the body of this decision. The
letters of comment are available for review in the land use file.
NOTICE OF DECISION THOMPSON PARTITION - MLP 98-0005 PAGE 7 OF 8
Washington County, Columbia Cable, General Telephone, Metro area
communications, NW Natural gas, Portland General Electric, TCI Cable, US West
and Tualatin Malley Water District have had the opportunity to review the proposal and
have offered no comments or objections,
SECTION VI. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Nall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
DATE OF FILING: MAY 14, 1998
THE DECISION SHALL BE FILIAL ON WEDNESDAY MAY 27. 1998
UNLESS AN APPEAL 1S FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that
provides that a written appeal must be filed with the City Recorder within ten (10) days
after notice is given and sent. The appeal fee schedule and forms are available from
the Planning Division of Tigard City Mall, 13128 SW Hall Boulevard, Tigard, Oregon
97223.
T141= DEADLINE FOR FILING OF AN APPEAL 1S 3:30 P.M. ON MAY 27, 1998.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
~v f `f Mav 14, 1998
PREPARE O BY: Julia Po}sell Hajduk DATE
crate Plann
Mav 14, 1998
APPROVED BY: Richard BVarager dorff DATE
Planning 1:\CURPLNUULIA\MLP\88.05:DOC\98-OS.DOC
NOTICE OF DECISION THOMSPSON PARTITION - MLP 98-0005 PAGE 8 OF 8
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