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MLP1998-00006 Decision - PARKES PARTITION fi u} NOTICE F RECISION "URBAN SERVICE AREA" MINOR PARTITION t IPI 98-000 CITY o TIGAR ve 6 Corrrrmuty'Jeveril n.er f PA ES PARTITION efapuW ABeI rCom innity 120 DAYS - 919198 SECTION I. APPLICATION SUMMARY CASE NO. FILE NAME: PARKES PARTITION Minor Land Partition MLP 98-0006 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately .97 acres (42,253) square feet, into two (2) parcels of approximately 22,146 and 20,731 square feet. OWNER: Cameron Parkes APPLICANT: Herman and Debra Roberts 15995 SW Roshak Road 33303 NE Old Parrot Mnt. Road Tigard, OR 97224 Sherwood, OR 97007 ZONING DESIGNATION: Residential, 7 Units Per Acre, R-7. LOCATION: 15995 SW Roshak Road; WCTM 2S105CD, Tax Lot 00401. The site is located north of SW Roshak Road and east of SW Uplands Drive. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 13.40, 18.52, 18.88, 18.92, 18.98, 18.1 CEO, 18.102, 18.106, 18.108, 18.162 and 18.164. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development ,Director's. designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION "URBAN SERVICE AREA" - PARKES PARTITION - MLP 98-0406 PAGE 1 OF 9 CONDITIONS OF APPROVAL PRIOR TO THE APPROVAL OF THE FINAL PARTITION FLAT, THE FOLLOWING CONDITIONS SHALL RE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager in the Engineering Department at 503-639-4171). 1'. Obtain a Street Opening Permit for this project to cover the driveway approach in SW Uplands Drive and the new water service for Parcel 1. 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. As a part of the public improvement plan submittal, provide the Engineering Department with the name, address and telephone number, of the individual car corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Submit evidence that the proposed public utility and private access easement over Tax Lot 01900 (WCTM 2S105CD) has been acquired and recorded at Washington County. The easement must also be approved by Unified Sewerage Agency (USA). 4. The final plat shall indicate that additional right-of-way (ROW) will be dedicated along the frontage of SW Roshak Road to provide 30 feet from centerline. 5. Obtain any necessary permit from USA for the construction of the new public sanitary sewer line to serve Parcels 1 and 2. The applicant shall submit evidence of said permit to the City Engineering Department. 6. Submit to USA (Julia. Huffman) a hydraulic and hydrologic analysis of storm conveyance. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow a provided in R&O 96-44 (Unified Sewerage Agency's Design and Construction Standards, July 1996 edition). 7. 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. NOTICE OF [DECISION "URBAN SERVICE AREA" - PARKES PARTITION - MLP 98-0006 PAGE 2 of 9 C. Once the City and County have reviewed the plat, submit two (2) mylar copies of the partition plat for City Engineer's signature. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SMALL BE SATISFIED: 8. Prior to issuance of a building permit for Parcel 1, the applicant shall provide the Engineering Department with recorded mylar copy of the subdivision/partition plat. 9. Prior to issuance of a building permit on Parcel 1, the applicant shall coordinate with USA with regard to the water quality requirement for this application. If a facility will be required, the applicant shall submit plans to USA for review and approval.. If USA allows the applicant to pay the fee in-lieu, that fee shall be paid to the City as a part of the building permit fees for Parcel 1. 10. Prior to the final building inspection for a building on Parcel 1, the applicant shall provide screening in accordance with Sections 18.100.080 and 18.100.090. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL DECISION DATE NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Property History: This site is in Washington County, in Tigard's Urban Service Area. Effective -1-97 the City of Tigard began to process land use applications in the Urban Service Area. The property owner recently completed a lot line adjustment with the adjacent property owner to the east (MIS 97-0024). No other 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 2. 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 22,146 square fleet and another parcel of 20,731 square feet. Parcel 2 will contain the existing structure and will continue to have access to SW Roshak Road. The rear parcel, Parcel 1, will have access to SW Uplands Drive via a private access easement with the adjacent property owner. NOTICE OF DECISION "URBAN SERVICE AREA" - PARKES PARTITION - MLP 98-0006 PAGE 3 OF 9 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 Flan 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. 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 IV - 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 both 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 as a result of conditions imposed in further sections of this decision NOTICE OF DECISION "URBAN SERVICE AREA" - PARKES PARTITION - MLP 98-0006 PAGE 4 OF 9 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 both Parcels is approximately 150 feet. Lot Area. The lot area shall be a required by the applicable zoning district. In the case of a flag lot, the acesway 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 lets. Seth parcels exceed 10,000 square feet with Parcel 1 having 22,145 and Parcel 2 having 20,731 square feet of lot area. 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 15-foot-wide access easement. Parcel 1 has access to SW Uplands Drive via a 2-foot private access easement. Parcel 2 has 152.44 feet of frontage on SW Roshak Road. Setbacks; Wetbacks shall be as rewired by the applicable zoning district.. Parcel 1 is not currently developed, however, any dwelling placed on the lot will be subject to the setback requirements during the building phase. Parcel 2 has an existing house which is proposed to remain. The existing dwelling will meet all required setbacks between the structure and the proposed partition line. 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. Parcel 1 is a flag lot and will be required to meet the 10-foot setback standard at the time of building permits. 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 proposed development. NOTICE OF DECISION °UREAN SERVICE AREA"' - PARKES PARTITION - MLP 98-0006 PAGE 5 OF 9 Parcel 1 is a flag lot. The applicant has stated that screening for the access drive to Parcel 1 will be reviewed and provided at the time of construction of a home. A condition of approval for this partition is to provide screening along the access drive serving Parcel 1 prior to the final building inspection. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect can fire fighting capabilities. There is a fire hydrant at the intersection of SW Uplands Drive and SW Roshak Road. 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 for the existing structure. Any structure placed can Parcel 1 will be reviewed for compliance with fire code standards at the time of building permit review. 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. While an easement has been provided across the adjacent lot to the west, it is not for shared access. Therefore, no reciprocal easements are required. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The minimum access width for a driveway serving 1-2 lots is 1 feet with 10 feet of pavement. Parcel 2 has existing approved access onto SW Roshak Road. Parcel 1 has access available via a 28-foot-wide private driveway and will be required to comply with access requirements at the time of building permits. Floodplain: Where landfill and/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 pedestrianibicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100-year floodplan, therefore, this standard does not apply. FINDING: As proposed, all of the SPECIAL. PROVISIONS have been satisfied, do not apply to this partition, or will be applied during the time of building permit review for a structure on Parcel 1. NOTICE OF DECISION "URBAN SERVICE AREAN' - PARKES PARTITION - MLP 98-0006 PAGE 6 OF 9 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 lies adjacent to SW Roshak Road, which is classified as a minor collector street on the City's Transportation Plan Map. The most recent tax map indicates that there is only 25 feet of right-of-way (ROW) from centerline adjacent to this site. A minor collector street requires a total ROW of 0 feet (30 feet from centerline). The applicant should be required to dedicate additional ROW adjacent to this site to provide 30 feet from centerline. Roshak Road was fully improved as a part of the adjacent subdivision improvements. There i sidewalk along the entire frontage and a concrete driveway apron for the existing house. Access to Parcel 2 will continue to be from the driveway canto SW Roshak Road. This is necessary, as the existing house presently faces this roadway. Access to Parcel 1 will be taken from SW Uplands Drive via a public utility and private access easement over Tax Lot 07900 (WCTM 2S105CD). This access configuration is acceptable to Staff. Water: This site lies within the City's water service area and can be served from existing public water lines in SW Roshak Road and in SW Uplands Drive. The existing house on Parcel 2 is presently served from a water meter in Roshak Read. Parcel 1 will be served from a new service at Uplands Drive. Sanitary Sewer- Sanitary sewer service will be available from Unified Sewerage Agency (USA) sewer line in SW Uplands Drive. The applicant's plan indicates they plan to extend a new 8-inch public sanitary sewer line across Tax Lot 01900 in the public utility and private access easement. This new public sewer line extension is proposed to serve bath Parcels 1 and 2. USA sent comments to the City indicating that they will expect the applicant to submit plans for their review and permit approval indicating that both parcels will have access to the public sanitary sewer. Prior to approval of the final plat, the applicant will need to obtain any necessary construction permit from USA for the construction of the new public sewer line. Proof of this permit shall be submitted to the Engineering Department. Storm Drainage. Storm water from this site falls primarily to the northwest. The applicant's plan indicates that the additional storm water runoff from the new home on Parcel 1 will be picked up from an existing 12-inch storm line that was stubbed to the north property line of the site by the adjacent subdivision development to the north. USA will need to review the applicant's storm drainage plan for approval and will also require a downstream analysis to be submitted for their review and approval. NOTICE OF DECISION "URBAN SERVICE AREAM' - PARKES PARTITION - MLP 98-0006 PAGE 7 OF 9 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. USA's comments indicate that they expect the applicant to provide for a water quality facility. For a partition application, the City would typically allow the applicant to pay the fee in-lieu. However, since this site lies within USA's jurisdiction, the applicant will need to coordinate this requirement with USA. FINDING: The City of Tigard street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 1-9 indicated in this decision in order to meet the standards and obtain final plat approval. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division and the City of Tigard Water Department have reviewed the proposal and have offered no comments or objections. SECTION VI. AGENCY COMMENTS 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. Tualatin Valley Fire and Rescue, Washington County, Columbia Cable, General Telephone, Metro Area Communications, NW Natural Gas, Portland General Electric, TCl Cable and US West have all had the opportunity to review the proposal and have offered no comments or objections. SECTION Vtl. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies NOTICE OF DECISION "URBAN SERVICE AREA" - PARKES PARTITION • MLP 98-0046 PAGE 8 of 9 i Final Decision: DATE OF FILING: JUNE 18, 4998 THE DECISION SHALL BE FINAL ON MONDAY - JUNE 29, 1998 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.870 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within tern (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON JUNE 29, 1398. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (50.3) 639-4171. ' i June 18, 1998 PREPARED : Julia Powell jduk DATE Associate Planner r June 18, 1998 APPROVED BY: Richard B ersdortt DATE Planning Manager I.\CURPLNLtULIAWLRPARKES.DOC NOTICE OF DECISION "URBAN SERVICE AREA" - PARKES PARTITION - MILP 98.0006 PACE. 9 OF 9 ES' 6MITA.RL'Y Glt 4 ` CSTCaF~4 LtW {]1#5a1 i -~yt1 ' a 78; F t[AD e w' C4 ~ry I Lf L'.G rI}Lt (B1' ' ' r s1.. ~ „/r f / COD -T./ C~} ( r:}- . ` f f / ! YY 114' r bt tl®er f o-. U / > ' t f5 r / r / 47 20,731 I a FP~ f i1 t} f/ ff ff r? i 5&Cu2> r` ~ / \ ' SIR9"31`5*s"fl,t f ,'r~ ~ !r 4~ fl + 424 R Nwc *Now x MIN. BUILDING 5El5AC-<5-. 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