MLP1999-00009 Decision - TURNAGAIN HEIGHTS
NOTICE OF TYPE 11 DECISION
"URBAN SERVICE AREA"
MINOR (LAND PARTITION [MLPI 1099-00009 C.n~r~ y0~ rIntle t
TUANAOAIN HEIGHTS PARTITION ~~api"~~ oatQrc®"tom""ity
120 DAYS =12//6199
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: TURNAGAIN HEIGHTS LOT #27 PARTITION
CASE NO.: Minor Land Partition MLP 1999-00009
PROPOSAL: A request for Minor Land Partition approval to divide one 17,860
square foot parcel into one 5,546 square foot parcel and one 12,314
square foot parcel. The intent of this proposal is to construct two (2)
single-family units on separate lots.
APPLICANT/
OWNER: Mike George
M-C Builders
PO Box 231165
Tigard, OR 97281-1165
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential District.
ZONING
DESIGNATION: Residential, R-7.
LOCATION: 15435 SW Turnagain Drive; WCTM 2S110CB, Tax Lot 5600.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.790 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's
designee has APPROVED the above request subject to certain conditions.
The findings and conclusions on which the decision is based are noted in Section IV.
NOTICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT 1127 PARTITION - MLP1999-00009 PAGE I OF 10
CONDITIONS OF APPROVAL
PRIOR TO THE APPROVAL OF THE FINAL' PARTITION PLAT,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED,
Submit the following to the Engineering Department (Brian Rager 639-4171 x318)
for review and approval.
1, Prior to approval of the final plat, the applicant shall pay an addressing fee in the
amount of $30.
2. Final Plat Application Submission Requirements:
A. Submit for City review, three paper copies of the final plat prepared by a
land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
C. NOTE: Washington County will not begin their review of the final plat until
they receive a letter from the City Engineering department indicating: 1)
that the City has reviewed the final plat and submitted comments to the
applicant's surveyor, and 2) that the applicant has either completed any
public improvements associated with the project, or has at least obtained
the necessary public improvement permit from the City to complete the
work.
D. Once the City and County have reviewed the final plat, submit two mylar
copies of the final plat for the Tigard City Engineer's signature.
P IOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALE. BE SATISFIED:
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review
and approval:
3. The applicant shall provide the Engineering Department with a mylar copy of the
recorded final plat.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE EFFECTIVE DATE NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS DECISION.
NOTICE OF TYPE 11 DECISION TuRNAOAIN HEIGHTS LOT #27 PARTITION - IVILP1999-00009 PACE 2 OF 10
SECTION Ill. BACKGROUND INFORMATION
Property History:
The subject parcel is located within the urban service area. of Tigard. The property is
designated R-7, Medium-Density Residential on the Tigard Comprehensive Plan. The
intent of this proposal is to construct two (2), single-family units on separate lots.
Site Information and Proposal Descriptions
The subject property is approximately 17,860 square feet. The site has approximately
95.2 feet of frontage on SW Turnagain Drive. The existing public right-of-way width of
SW Turnagain Drive is 42 feet. Approval of this two-lot partition should not require any
additional dedication of public right-of-way. The owner is proposing a two--parcel
partition as indicated on the proposed partition plat. Parcel #1 (5,546 square feet) and
Parcel #2 (12,287 square feet).
SECTION IV. PUBLIC COMMENTS
Five letters were received regarding this proposal. The main concerns of the letters were
that any more development in the area was going to create additional unwanted traffic.
The additional construction of new homes is going to further the erosion of the area.
Staff Response; These questions are partially addressed under the Public Facility
Concerns section of this decision. The capacity of a local street is
based on vehicle trips per day. One additional dwelling unit will add
approximately 10 trips per day. Currently there are 420 vehicle trips
per clay can Turnagain Drive. Because Turnagain drive is a local
street, a maximum of 1500 vehicle trips is allowed per day. The
additional 10 vehicle trips is still within the allowable range for local
streets.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS FOR A
MINOR LAND PARTITIC}N
GENERAL APPROVAL CRITERIA
Section 18.420.050 contains the following general approval criteria for a Minor
Land Partition;
A request to partition land shall meet all of the following criteria: 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 TYPE It DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION - MLP1999-00009 PAGE 3 OF 10
There-are 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 PUBLIC FACILITY CONCERNS of this decision.
All proposed improvements meet City and applicable agency standards; and
All proposed improvements meet, or will b conditioned to meet, City and applicable
agency standards.
All proposed lots conform to the specific requirements listed in the next section;
The Specific requirements are discussed and conditioned if necessary further in this
decision.
Any accessway shall comply with the standards set forth in Chapter 18.705,
Access, Egress, and Circulation; and
Access to the public street is in compliance with Table 18.705.1 for local street access.
Sight distance is acceptable at the proposed access points on SW Turnagain Drive.
Sidewalks will be provided along SW Turnagain Drive in front of the new homes in
accordance with the provisions of the Development Code. Therefore, this criterion has
been satisfied.
Where landfill and/or development is allowed within or adjacent to the one-
hundred-year floodplain, the City shall require consideration of the dedication of
sufficient open land area for greenway adjoining and within the flvodplain. This
area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
The subject site is not within a floodplain, therefore, this standard does not apply.
SPECIFIC PARTITION APPROVAL CRITERIA
The minimum width of the building envelope area shall meet the lot requirement
of the applicable zoning district.
The lot width required for the R-7 zone is 50 feet. The smallest lot width for the
proposed parcels is 57 feet, therefore, this standard is satisfied.
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.
NOTICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION - MLP1999-00009 PAGE 4 OF 10
The zone is R-7, therefore, the minimum lot size is 5,000 square feet. Each lot will
exceed 5,000 square feet exclusive of the access drive.
Each lot created through the partition process shalt front a public right-of-way by
at least 15 feet or have a legally regarded minimum 15-foot wide access
easement.
Parcel 1 has approximately 47 feet of frontage along SW Tumagain Drive, Parcel 2 has
77 feet of frontage along SW Turnagain Drive. Therefore, this criterion has been
satisfied.
Setbacks shall be, as required by the applicable zoning district. The following
table lists the dimensional standards in the R-7 zone
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-7
Minimum Lot Size
- Detached unit 5,000 sq. ft.
- Duplexes 10,000 sq. ft.
-Attached unit [1~
Average Minimum Lot Width
- Detached unit lots 50 ft.
- Duplex lots 50 ft.
- Attached unit lots 40 ft.
Maximum Lot Coverage 80% [2]
Minimum Setbacks
- Front yard 15 ft.
- Side facing street on
corner & through lots 10 ft.
- Side yard 5 ft.
- Rear yard 15 ft.
- Side or rear yard abutting more
restrictive zoning district 30 ft
- Distance between property line
and front of garage 20 ft.
Maximum Height 5 ft.
Minimum Landscape Requirement 20%
[1] single-family attached residential units permitted at one dwelling per lot with no more that five
attached units in one grouping.
[2] Lot coverage includes all buildings and impervious surfaces.
The above standards are deferred until development occurs.
NOTICE OF TYPE 11 DECISION TIIRNAGAIN HEIGHTS LOT ##27 PARTITION - MLP1999-00009 PAGE 5 OF 10
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.
The proposed partition does not include a flag lot. Therefore, this standard does not
apply.
A screen shall be provided along the property line of a lot of record where the
paved drive in an accessway i located within ten feet of an abutting lot in
accordance with ;Sections 18.745.040. Screening may also be required to
maintain privacy for abutting lots and to provide usable outdoor recreation areas
for proposed development.
No buffering or screening is required because the use of this application is similar to
adjacent uses. Street trees will be planted on the two new lots as required. Therefore,
this standard has been met.
The fire district may require the installation of a fire hydrant where the length of
an accessway would have a detrimental effect on fire-fighting capabilities.
The accessways to the two proposed lots will not have an impact on the capabilities of
the fire district. Therefore, this criterion does not apply.
Where a common drive is to be provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance rights shall be recorded
with the approved partition map.
The applicant is not proposing joint access, therefore, this standard does not apply.
ADDITIONAL APPLICABLE STANDARDS
18.510.040 Minimum and Maximum Densities
The purpose of this section is to establish minimum and maximum densities in
each residential zoning district. To ensure the quality and density of
development envisioned, the maximum density establishes the ceiling for
development in each zoning district based on minimum lot size. To ensure that
property develops at or near the density envisioned for the zone, the minimum
density for each zoning district has been established at 80% of maximum density.
The allowed density for the site has been calculated using the guidelines of Section
18.510.040, Section 18.715, and the underlying zone. There are 2 dwelling units
proposed for this .41 acre site. The density allowed is approximately 7 units per acre,
or one unit per net 5000 square feet (or 8.75 units). The City of Tigard allows rounding
of units, therefore, three are allowed, but only two are proposed. The existing storm
Swale precludes further division of the larger lot. Therefore, this standard has been met.
NOTICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT ##27 PARTITION - MLP1999-00009 PAGE 6 OF 10
18.790.030 Tree Removal Plan
A tree plan ,for the planting, removal and protection of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or
parcels for which a development application for a subdivision, partition, site
development review, planned development or conditional use is filed. Protection
is preferred over removal wherever possible.
The free plan shall include the following:
+ identification of the location, size and species of all existing trees including
trees designated as significant by the city; Identification of a program to save
existing trees,or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shall be exclusive of trees required
by other development code provisions for landscaping, streets and parking lots:.
r Retention of less than 25% of existing trees over 12 inches in caliper requires
mitigation program in accordance with Section 18.790.060D of no net loss of
trees;
Retention of from 25% to 50% of existing trees over 12 inches in caliper
requires that two-thirds of the trees to be removed be mitigated in accordance
with Section 18.790.060;
+ Retention of from 50% to 75% of existing trees over 12 inches in caliper
requires that 50 percent of the trees to be removed be mitigated in accordance
with Section 18.790.060D;
♦ Retention of 75% or greater of existing trees over 12 inches in caliper requires
no mitigation.
♦ Identification of all trees which are proposed to be removed;
♦ A protection program defining standards and methods that will be used by the
applicant to protect trees during and after construction.
The site has been graded and there are no trees in the proposed lot areas. Therefore,
this standard does not apply.
PUBLIC FACILITY CONCERNS
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:
The Tigard Development Code (TDC) Section 18.810.030.A.1 states that streets within
a development and streets adjacent shall be improved in accordance with the TDC
standards.
TDC 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the
TDC.
NOTICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION -,ML P1999-00009 PAGE 7 OF 10
This site lies adjacent to SW Turnagain Drive, which is classified as a local residential
street. The street was improved as a part of the Turnagain Heights subdivision by the
developer. The sidewalk and street trees remain to be installed and will be installed as
a part of the home construction on each parcel. No additional improvements are
necessary beyond the sidewalk and street trees.
The site also has frontage on SW Beef Bend Road. The developer of the Turnagain
Heights subdivision was required to dedicate additional right-of-way (ROW) for this
roadway on the final plat. This was completed, so no-additional ROW dedications are
necessary. This partition will not create a significant impact on the roadway, so no
additional improvements are necessary.
Water:
Lot 27 was provided two water services in anticipation of this partition. No further public
water line work is necessary.
Sanitary Sewer:
Two sanitary sewer laterals were stubbed to Lot 27 as a part of the subdivision
improvements in anticipation of this partition. No further public sanitary sewer work is
necessary.
Storm Drainage:
Two storm drainage laterals were stubbed to Lot 27 as a part of the subdivision
improvements in anticipation of this partition. No further public storm drainage work is
necessary.
There is an existing storm drainage Swale that lies adjacent to the SW Beef Bend Road
frontage lying within a 20-foot wide public storm drainage easement. The applicant is
not proposing any changes to this swale.
Storm Water Quality:
Does not apply.
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.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of
Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount
of $30 per address shall be assessed. This fee shall be paid to the City prior to
recording of the final plat. For this project, the addressing fee will be $30 (1 new lot x
$30/address = $30).
NOT ICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION - MLP1999-00009 PAGE 8 OF 10
SECTION 'L OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed this proposal. Comments
have been incorporated into this decision under the "Street and Utility Improvement
Standards" section above.
The City of Tigard Building Division, Operation Department and Police
Department have all reviewed the proposal and have offered no comments or
objections.
SECTION VII. AGENCY COMMENTS
Unified Sewerage Agency, General Telephone, NW Natural Gas, Portland General
Electric, TCI Cable and US West Communications have all had the opportunity to
review the proposal and have offered no comments or objections.
Washington County Department of Land Use and Transportation reviewed the
-proposal and provided the following comments:
Public improvement requirements along SW Beef Bend Road were identified within the
Washington County Land Use Approval for the original Turnagain Heights Subdivision.
According to our files, improvements conditioned under that Approval have been
constructed.
The subject site, however, constitutes the location proposed by the applicant for a water
quality facility (as submitted within the above noted Turnagain Heights Subdivision
application.) The City should verify that water quality requirements of Unified Sewerage
Agency have been otherwise satisfied prier to approving partitioning of the subject lot.
SECTION VIII. 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
Final Decision:
THE DECISION SHALL BE FINAL ON SEPTEMBER 22, 1999
AND BECOMES EFFECTIVE ON OCTOBER 7, 1999
UNLESS AN APPEAL, IS FILED.
NOTICE OF TYPE It DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION - MLP1999-00009 PACE 9 OF 10
A eal:
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 Hall, 13126 SW Hall Boulevard, Tigard, Oregon
97223.
.Unless the applicant is the appellant, the hearing on an appeal from the Director's
Decision shall be confined to the specific issues identified in the written comments
submitted by the parties during the comment period. Additional evidence concerning
issues properly raised in the Notice of Appeal may be submitted by any party during the
appeal hearing, subject to any additional rules of procedure that may be adapted from
time to time by the appellate body.
THE DEADLINE FOR FILING OF AN APPEAL IS 3.30 P.M. ON OCTOBER 6, 1999.
Questions:
if you have any questions, please call the City of Tigard Planning Division, Tigard City
Hall, 13128 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
?giitember 22. 1999
PREPARE BY. ew Scheid ger DATE
Assistant Planner
September 22, 1999
APPROVED BY: Thard Bewer DATE
Planning Man er
1 t1CURPLN\Matliaw\MLP1999.00009.DOC
NOTICE OF TYPE 11 DECISION TURNAGAIN HEIGHTS LOT #27 PARTITION - MLP1999-00009 PAGE 10 OF 10
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