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MLP2000-00012 Decision - NEWELL PARTITION NOTICE OF TYPE 11 DECISION MINOR LAND PARTITION (MLP) 2000-0001 f CITY OF TIGARD NEWELL PARTITION crrirrtrtrlyDcreE ieii, ,lfia~rir~7 < <~elt: r (~nra«ii:uity 120 DAYS = 512212001 SECTION 1. APPLICATION SUMMAU "URBAN SERVICE AREA" FILE NAME: NEWELL PARTITION CASE NO: Minor Land Partition (MLP) MLP2000-00012 PROPOSAL: The applicant is requesting approval to partition one (1) existing lot of 26,870 square feet into two (2) lots of 7,900 and 18,979 square feet. APPLICANT: Marcia Newell 15905 SW Roshak Road Tigard, OR 97224 OWNER: Same ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 15905 SW Roshak Road; WCTM 2S1 08BA, Tax Lot 00101. PROPOSED PARCEL 1: 7,900 Square Feet. PROPOSED PARCEL 2. 18,979 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Ma king Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.810 (Strut and Utility Improvement Standards). SECTION 11. DEC1S10N 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 V. NOTICE OF DECISION MLP2000-00012/NEWELL PARTITION PAGE 1 OF 13 CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. THE FOLLOWING CONDITIONS SMALL BE SATISFIED: Submit the foil Owing to the Planning Department ate c e€ egger 6 -4171 _017) or review and approval: 1. Provide a plan showing the proposed driveway of Parcel #1. If the driveway is within 10 feet of an abutting property line, it must be screened from the adjoining property. 2. Submit evidence that there will be no obstructions within the visual clearance area according to Chapter 18.795 of the Tigard Development Code. 3. The property owner shall sign a consent to annex. Submit to the Engineering Department (Brian Rager, 6139-4171, ext. 318) for review and approval: 4. A Street Opening Permit will be required for this project to cover street tree installation and the driveway appproach for Parcel 2 (and any other work in the public right-of-way). The a plicant 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. 5. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legqal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, pecif~ if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and pprovide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. The face of the final plat shall show a right-of-way dedication on S Roshak Road to provide 30 feet from centerline along the frontage of this site. 7. Driveway cuts shall not be permitted within thirty feet of intersecting right-of-way lines nor within five feet of property lines. 8. Prior to approval of the final plat, the applicant shall submit a site plan for Parcel 2 that shows the orientation of the proposed house with a vehicle turnaround that viii enable cars backing out of the garage to turn around and pull forward onto SW Roshak Road. This plan shall be reviewed and approved by the Engineering Department. 9. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Kit Church, Engineering). 10. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Roshak road adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. , when the improvements are park of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed b a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemod to be appropriate b the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 11. The applicant shall either place the existing overhead utility lines along SW Roshak Road underground as a part of this project, or the s-mall pay the fee in-lieu of underground€nq The fee shalt be calculated by the frontage of the sitee that is parallel to the utilit liners and will 6e 27.50 per lineal foot. if the fee option is chosen, the amount will be 2,200.0 and it shall be paid prior NOTICE OF DECISION MLP2000-000121NEWELL PARTITION PAGE 2 OF 13 to appproval of the final plat. ~lowever, if Parcel 2 is able to be served from underground utilities possibly available in SW 159 Terrace, then this requirement is waived. 12. The applicant's finial plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positionin system (GPS) geodetic control network. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GP survey. + By random traverse using conventional surveying methods. 13. Final Plat Application Submission Requirements: A. Submit for City review four (4) 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. The dght-of-way dedication for SW Roshak Road shall be made on the final plat, D. NQTE 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. E. Once the City and County have reviewed the final plat, submit two myler copies of the final plat for City Engineer's signature, THE FOLLOWING CONDITIONS ;SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian tiger, 639-4171, ext. or revte~nr an approval - 14. The applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 15. Prior to issuance of a building permit on Parcel 2, the applicant shall demonstrate that they have obtained approval from USA for their sanitary and storm sewer service to the parcel. 16. Prior to issuance of the building permit for Parcel 2, the applicant shall pay the standard water quality fee and quantity fee (fee amount will be the latest approved by USA). THIS APPROVAL. IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro ert History The subject parcel is located within the City of Tigard. The property is designated Medium Density Residential on the Tigard Comprehensive Plan Map. A previous lot line adjustment was applied for in 1999. The Land-use file consisted of adjustingg an existing 3,014 sq. ft. parcel to a total of 26,879 sq. ft. and adjusting the second parcel of 32,854 sq. ft. to 8,989 sq. . No other land-use approvals were found to be on file in the City's records. Site Information and Prc~nosa l ©escriptions The subject property is approximately 26,879 square feet. The site has approximately 255 feet of frontage on S%N Roshak Road. The owner is ~ro omn a two-parcel partition as indicated on the proposed partition plat. Parcel #1 (7,9010 square feet and Parcel #2 (13,379 square feet). A residential Structure exists on Parcel #2. NOTICE of DECISION MLP2000-00012/NEWELL PARTITION PAGE 3 of 13 SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One (1) letter was received addressing the land partition. The concems in the response addressed high density, traffic and view. Staff Response: The zoning district of the area is R-7. According to Tigard's Comprehensive Plan, R-7 is considered Medium Density Residential with an averagge lot size of 5,000 square feet. The proposed partition is creating two lots, which are greater than 5,000 square feet. Regarding traffic, one single-family residence will generate approximately 10 vehicle trips per tax lot and will not impact the flow of traffic significantly enough to require a traffic study. Staff can not comment on the view to the north that a property owner may be deprived of. However, Tigard does have a height limitation of 85 feet. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420 The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed developpment as demonstrated both by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval. Therefore, this criterion is met. There are adequate public facilities are available to serve the proposal; Public facilities are discussed in detail later in this decision under 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction at which time the appropriate review authority will insure that City and applicable agency standards are met. Based on the analysis in this decision, staff finds that tide criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-7 zoning district is 50 feet. The smallest of the lots has a minimum width of 69.72 feet. Therefore, this standard has been met. 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 let area. The minimum lot area requirement in the R-7 zoning district is 5,000 s uare feet. The proposed partition creates two lots that are 7,900 and 18,979 square feet respectively. Therefore, this criterion has been satisfied. NOTICE OF DECISION MLP2000-00012INEwELL PARTITION PAGE 4 OF 13 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 15rfoot wide access easement. The propposed partition plat demonstrates that both lots will have frontage onto a public right-of-way Parcel #1 has 69.72 feet of frontag~e onto SW Roshak Road and 44.257 square feet onto SVV 1591' Terrace. Parcel #2 has 164 feet of frontage on SW Roshak Road. Therefore, this criterion is satisfied. Setbacks shall be as required by the applicable zoning district. No development is proposed with this application. The existing dwelling on Parcel #2 will not be in violation of applicable setbacks. Therefore, this standard has been satisfied. 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 will be 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 is 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. The applicant has not provided information regarding the placement of the driveway for Parcel #1. Therefore, the applicant will be required to provide evidence that the driveway is not within 10 feet of an abutting lot. If the driveway is within 10 feet of an abutting lot, the applicant must provide a plan showing how the drive will be screened. 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. Fire district regulations are reviewed at time of development. 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. No common drive is associated with this application. Therefore, this standard does not apply. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. The access to the newly created parcel is deferred until the time of development. Therefore, this standard does not apply. 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 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. The partitioned lot is not adjacent to a one-hundred year floodplain. Therefore, this standard does not apply. An ap lication for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 1.70, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: Based on the analysis above, the Land partition standards have not been met. Staff finds NOTICE OF DECISION MLP2000-00012tNEWELL PARTITION PAGE 5 OF 13 it is possible for the standards to be met if the condition listed below is satisfied: CONDITION: The applicant must provide a plan showing the proposed driveway of Parcel #1. If the driveway is within 10 feet of an abutting property line, it must be screened from the adjoining property. Residential Zoning Districts (18.510} Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 - (Contd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-7 Minimum Lot Size - Detached unit 5,000 sq. ft. - Duplexes 10,000 sq,ft. - Aftached unit 1 5,000 s .ft. Average Minimum Lot Width - Detached unit lots 50 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft, Maximum Lot Coverage 80% 2 Minimurn 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 betwcen property line and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Re uirement 20% 11] Single-family attached residential units permitted atone dwelling per lot with no more that five attached units in one grouping. t21 Lot coverage includes all buildings and impervious surfaces. ' Multiple-family dwelling unit single-family dwelling unit A minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes of 7,900 and 18,979 square feet meet this standard. Parcel A minimum 1 -foot front yard setback from the south property line is applicable to Parcel #2 due to the existing house and garage to remain on the lot. The existing garage is approximately 95 feet from the soots property line. A other setbacks for the existing house also meet current code requirements. Setback standards will also apply to future development of the sites. FINDING: Based on the analysis above, the Residential Zoning District Standards have been met. Access. Egress and Circulation (18,705}: Access, Egress and Circulation is partially addressed under Chapter 18.420 in this decision. In addition, the following provisions are applicable. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approve by the City for public use and shall be maintained at the required standards on a continuous basis. Bath properties will have access onto a public street, Parcel #1 will have access off of either SW 1591h Terrace, or SW Roshak Road. The access onto parcel #1 will be discussed in more detail under Section 18.810 (Street & Utility Improvement Standards), Parcel #2 has existing access onto SW Roshak Road. NOTICE OF DECISION MLP2000-00012fNEWELL PARTITION PAGE 6 OF 13 Therefore, this standard has been met. Inadequate or hazardous access. Applications for bulldin perrraits shall be referred to the Commission for review when, in the opinan e►f the Qirector, the access proposed: Would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which WOU1 constitute a clear and present danger to the public health, safety, and general welfare. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The access to the newly created Parcel #1 is deferred until the time of development. The access drive serving Parcel #2 is pre-existing and meets City of Tigard access standards. Therefore, this standard has been met. Minimum access requirements for residential use: Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. This standard will be address under the "Agency Comments" section of this decision. Density Computations (18.715 A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the fallowing land area(s) from the gross acres, which is all of the land included in the lecgat description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the fallowing formulas may be used: a. Single-family development: allocate 20% of grass acreage; b. Multi-family development: allocate 15% of gross acreage. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040 the minimum number of resident al units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The standards for Density computation deal with the intensity of residential land uses, usuallyy stated as the number of housing units per acre. The total square footage of the subject property is 261,879 square feet. However, the square footage of Parcel #2 is subtracted from the calculation because it has a pre-existing single-family dwelling. Therefore, the minimum density for this property i based on Parcel #1 of 7,900 square feet, The minimum density for the parcel is (1) unit; the maximum density is (1) unit. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the Density Computation Standards have been met. NOTICE OF DECISION MLP2000-00012INEWELL PARTITION PAGE 7 OF 13 Tree Removal (18.790 A tree plan for the punting, removal and protection of trees prepared by a certified arborist steal' 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. Theapplicant has not proposed to remove any trees as a result of this partition. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, the tree removal standards have been met. Visual Clearance Areas _ 18.795 This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to 'intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, plaiting, fence, wadi structure, or temporary or permanent obstruction exceeding throe (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight 8 feet in height (8) trees may be placed within this area provided that all branches below eight 8 feet are removed). A visual clearance area is the triangular area formed by measuring a -foot distance points with a straight line. No obstructions have been proposed where the existing access of Parcel #2 connects to SW Roshak Road.. No access is proposed for Parcel #1 at this time. However, the applicant will be required to provide evidence that nothing will be placed within the visual clearance area according to Chapter 18.795 of the Tigard Development Cade. FINDING: Based on the analysis above, staff finds that the Vision Clearance Standards have not been met. If the applicant meets the condition below, the standards will be satisfied: CONDITION: Submit evidence that there will be no obstructions within the visual clearance area according to Chapter 18.795 of the Tigard Development Code. PUBLIC FACILITY CONCERNS Street And Utility Imi rovements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.10.030.A. 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. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a minor collector street to have a 60 foot r1i ht-of-wa width and 40 foot paved section. A Local residential street must have between a 42 oot and 0 foot ROW, with a 24 to 32 foot wide paved width. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Roshak Road, which is classified as a minor collector, and SW 159ii' Terrace, which is classified as a local residential street, on the City of Tigard Transportation Plan Map. At present, there is approximates 25 feet of ROW north of centerline on SW Roshak Road and 42 feet of right-of--way (ROW) on SW 1 ``a''' Terrace, accordin to the most recent tax assessor's map. The applicant shall dedicate additional ROW on SW Roshak Road to provide 30 feet from centerline. NOTICE OF DECISION MLP2000-00012tNEWELL PARTITION PAGE 8 OF 13 Both roadways are fully improved, except for street trees and there is a small bit of frontage on SIN Roshak Load in front of the existin house that does not have sidewalk, street trees or a City standard driveway apron. TMC 18.810.030gA)(1 states that streets within a develo ment and streets adjacent shall be improved in accordance with ity standards. However, 18.010.0T0(A)(4) states that the City may accept a future improvement gguarantee in lieu of street improvements if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. AIthOUgh this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly improve the safety or capacity of the street. In addition, 18.810.0 30(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets. This partition will not create a new street. Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out by the City, a third arty, or through a local improvement district. This agreement must be executed prior to approval of the final plat. For the portions of SW Roshak Road and SW 159th Terrace, where curb and sidewalk exist, the applicant shall plant street trees in accordance with City standards as a part of this partition. The trees shall be plants as a part of the home construction on Parcel 1. Access to Parcel 2 The applicant proposes that Parcel #1 be accessed from SW Rohak Road. 18.705.030.6.2 states that direct vehicular access to a collector or arterial street shall be discouraged. However, where there is no practical alternative, an access can be granted. In this case, there is a 10 to 12 foot change in elevation between the existing grade of the lot and SW 159"' Terrace. It would not be practical to require a drive-way onto SW 159 Terrace due to the excessive grading that would be required and the resulting steepness of the driveway. A much flatter driveway can be accomplished from S Roshak Road. The driveway unto SW Roshak Road will be limited, however. The City is concerned that no cars be required to back out of the property onto the street. Therefore, the applicant shall provide a vehicular turnaround on the parcel so that cars backing out of the garage can get turned around and pull forward onto the street. Prior to approval of the final plat, the applicant shall provide a site plan with the proposed house and vehicle turnaround for review by the Engineering Department. Lots - Size and Shape: Section 18.810.060(A) rohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The newly partitioned lot is a total of 7,900 square feet, an average of 72.3 feet in width and 97.22 feet in length. Therefore, this lot is in compliance with the criterion above. Lot Frontage: Section 18.810.060(B) requires that lots have at least 2 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feel. The pre-existin parcel #2 has 174 feet of frontage onto SIN Roshak Road. The proposed parcel #1 will have a total of 9.72 feet of fronta e onto SW Roshak Road and 72.52 feet of frontage onto SW 159( Terrace. Therefore, this standard has been met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards-and be located on both sides of arterial, collector and local residential streets. By completing the street improvement agreement, the applicant will satisfy the intent of this provision. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the previsions "set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. NOTICE OF DECISION MLP2000-00012/NEWELL PARTITION PAGE 9 OF 13 Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Sanitary sewer service in this area is controlled by USA. The applicant will need to coordinate with USA for a sewer lateral to Parcel 1_. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C stapes that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanita and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The subject site slopes to the west. The builder on Parcel #1 will be required by the UBC to incorporate foundation drains around the new house, which should prevent any subsurface water from entering the crawl ,space. The grading around the new house must also be constructed such that there is positive drainage away from the crawl space. This will be inspected by the Building Division as a part of the home construction. Effect on Downstream Drainage: Section 18.810.100.13 states that where it is anticipated by the City engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused b the development in accordance with the Design and Construction Standards for Sanitan and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions or amendments). In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a, stormwaterdetention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant must coordinate with USA with regard to their requirements, since USA has jurisdiction over surface water management in that area. Bikeways and Pedestrian Pathways: Bikeway Extension:. Section 18,10.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply.. Cast of Construction: Section 18.810.1103 states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Minimum Width: Section 18.810.110.C states that the minimum width for bikeways within the roadwa is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. NOTICE OF DECISION MLP2000-00012INEWELL PARTITION PAGE 10 OF 13 No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services, e The City reserves the right to approve location of all surface mounted facilities; o All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and o Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: :section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the appproval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which; under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served b utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along SW Roshak Road. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street fronta e that contains the overhead lines. The frontage along this site is 80 lineal feet; therefore the fee would be $2,200.00. However, if the new house will be served from underground power that may be available in SW 159' Terrace, this requirement will not apply. The requirement only applies if the existing overhead lines will directly sere; the development. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard serves this area with domestic water. The applicant indicates that a wafter service lateral has already been provided to this future lot. The applicant will need to apply for a water meter when the house is constructed. Storm Water Quality The City has agreed to enforce Surface Water ManagemenM"andard WM) re ulations established by the Unified Sewerage Agency (USA Design and Construction s a do11Dted by Resolution and Order No. 00-7) which require the construction of on-site water qua ity facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces, in addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. It is not practical to require a onsite facility to treat just one parcel.. Therefore, the applicant will be permitted to pay the fee in-lieu of a water duality facility, said fee to be paid prior to issuance of the building permit on Parcel #1. Grading and Erasion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public, storm and surface water system result' n from development, construction, grading, excavating, clearing, and any other activity whic~ 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. NOTICE of DECISION MLP2000-00012INEWELL PARTITION PAGE 11 of 13 A grading plan shall be approved by the Building Division prior to issuance of the building permit. Address fignmerlts~ The City of ' ig rd is responsible for assigning addresses for parcels within the City of Tigand and within the Urban <<,,rvice Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $30.00. Surve ry Reauirements The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the {{plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. o By random traverse using conventional surveying methods. SECTION VI. OTHER STAFF COMMENTS City of Tigard Police Department has reviewed the proposal and has no objections to it. SECTION VII. AGENCY COMMENTS Unified Sewerage Agency comments have been discussed above under Public facility concerns. Washington County Department of Land Use and Transportation has reviewed the proposal and has no objections to it. SECTION VIII. PROCEDURE AND APPEAL INFQRMATION Notice: Notice was mailed to X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 26, 2001 AND BECOME EFFECTIVE ON MARCH 13, 2001 UNLESS AN APPEAL IS FILED. Annepl: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.6.1. may appeal this decision in accordance with Section 18,390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed, The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION MLP2000-00012/NEWELL PARTITION PAGE 12 OF 13 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 adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 12, 200'1. _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) 630-4171. February 26, 2001 PRE A D Y: thew Sch e- r DATE S. n Piano t f - February 26, 2001 APPROVED BY: Richard Bewersd DATE Planning Manager Ilcurpln/mafhewlmlplmip2000-00012.dec NOTICE of [DECISION MLP2000-00012INEWELL PARTITION PAGE 13 OF 13 4 HL 2~ t -1LGfi {s ~ta L OIt GE- -,M ca ~s':x6u E- r~ t VICINITY MAP I C I 'S LiLl r r I . MLP2000-00012 yv _ MILAN f W - WELL PARTITION JSHAK ROAD Lty BAKER SITE ~1 - I - - Z, A ~COL _ _ -Y PL~ p CL7 \ LLI I I f f `t OLONY D I d 4. i % SW COLONY DF2 0 IOU 200 3OU 400 500 Feet Z, C\ 1'- 378 feet r t BULL.A9-0-LINTAIN RD C_ r P'OLLARC' N-_ t ~ tntaftSSiltiOn San tEt a RW ~ ~ GdlAan ~ . ;d o # j i ~~t would be vanfied Wtb c 3 -i t c j ~tt A as s s t - LF - huplh~-t , Community Dev ienE. Plot date: Jan 23, 2001; G:lmat aGIG03:APR LOT 9b LOT 30 LOT 98 ( 'u. (ms as*3o'07a W 3.64' -05 89°44'50` W 158.15' UR i 110 112 114 116 118 ~a SSS J LOT 97 r ,1 Irl S 89°44'50* W 171,36' r 74.93' 96 122 w ° ~ =t. ~ LOT 31 ORA IVACe s 4 Wv: S 33-35-20- 1W RW 10o/ V i 7.00' ! a 24.4' PROPOSED ,t o I 27.2 1 CL m PARCEL 2 co m 23.1 1 L z cv ca3.4 rx a M4 uj S 33#36,0. w10 7,900 SQUARE FEET 5.041 ` S 1 ~ GARAG6- 0 c r X°- BENCHMARK f 3.a r., ° 26,5 cv 116.7" 'X' SCRIBE loo h9 ^r- J. 1 c'i OR IN WALK ELEVATION=IOD.aD I08 15J l 30.2 1 54.4' 2 5' HIGH CYCLONE FENCE yV. RW RW r~rE Yll ~nxp~~ 11Q~ y ~ L ► 1 z` ~;v'~ . 2 PRO;-05EII ~ t"~ ~ OH ROOF OVERHANG PP7^ t PARCEL 1 N 89° 49+30 2. e6; 18,979 SOU. RE FEET 87,44 • +(FH FIRE HYDRANT LL SOUTH LIME OF b~ " 7.139' 3'3G' E 100.29 0WV WATER VALVE ° Y 118 SECTION J, T2S. R1 LOT 32 SL' STREET LIGHT 1 13 S. J cr^ WM WATER METER 120 ca PPT POWER/TELEPHONE POLE j~ 122 OHT OVERHEAD TELEPHONE LINE ' E OUP OVERHEAD POWER LINE 2A UT UNDERGROUND TELEPHONE LINE 126 UP UNDERGROUND POWER LINE jj RW RETAINING WALL 0 DECIDUOUS TREE WITH 6" 014METER OR LARGER CONIFER TREE WITH 6" DIAMETER OR LARGER SSS SANITARY SEWER STUD MLP2000-00012 CITY OF TIGARD I 1 NEWELL PARTITION I S L V L7E Fy''1? G I (Map is not to scale)