MLP2008-00008 Decision - GILBERT PARTITION NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2008 -00008
GILBERT PARTITION r
(Includes a 30 day extension) 120 DAYS = 01/16/10
SECTION I. APPLICATION SUMMARY
FILE NAME: GILBERT PARTITION
CASE NOS.: Minor Land Partition (MLP) MLP2008 -00008
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .42 acre site into
two (2) parcels. The existing residence on Parcel 1 will remain and is occupied as a rental. Parcel
2 will be used for a new single family residence. Parcel 1 will be 8,535 sq. ft. and Parcel 2 will be
9,783 sq. ft. Discounting the area for the access drive "flagpole," Parcel 2 will be 7,503 sq. ft.
APPLICANT & Michelle & Jay Gilbert APPLICANT'S Steve Nys, Nys Associates
OWNER: 6711 SW Alden Street REPRESENTATIVE: 10250 SW 87 Avenue
Tigard, OR 97223 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: R -4.5; Low - Density Residential.
ZONE: The R -4.5 zoning district is designed to accommodate detached single - family homes with or
without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single- family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 6816 SW Walnut Terrace; WCTM 1 S125DA, Tax Lot 04100.
PROPOSED PARCEL 1: 8,535 Square Feet.
• PROPOSED PARCEL 2: 9,783 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision- Making 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);
and 18.810 (Street and Utility Improvement Standards).
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
>ection V.
NILP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 1 OF 19
established by:
® GPS tie networked to the City's GPS survey.
® By random traverse using conventional surveying methods.
11. Final Plat Application Submission Requirements:
w Submit for City review four (4) - paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, anc necessary data or narrative.
o Attach a check in the amount of the current final plat review fee (Contact
Planning /Engineering Permit Technicians, at (503) 639 -4171, ext. 2421).
o The final plat and data or narrative shall be drawn to the mrnimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
o The right -of -way dedication for SW alnut "1 errace, providing 27 feet from centerline shall be
made on the final plat.
o NOTE: Washington County will not begin their review of the final plat until they receive
notice from the E�ngineering Department indicating that the City has reviewed the final plat and
submitted comments to the applicant's surveyor.
® After the City and County have reviewed the final plat submit one paper copy of the final plat
for City Engineers ature (for partitions), or City Engineer and Community Development
Director signatures (for subdivisions).
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the PLANNING DIVISION, ATTN: HAP WATKINS 503 -718-
2440. The cover letter shall clearly identify where in the submittal the required information is found:
12. Prior to final plat, the applicant shall submit a building site plan to the Planning Division indicating the locations
of trees that are to be preserved on the lot during site development. In addition, the plans shall include accurate
locations of tree canopy drip lines and protection fencing, and a signature of approval from the project arborist
regarding the placement and construction techniques to be employed in building the structures. All proposed
protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain
in place through the duration of all of the construction phases until the Certificate of Occupancy has been
approved.
13. A Clean Water Services Storm Water Connection Permit Authorization must be obtained prior to plat approval
and recordation. Application for the District's Permit Authorization must be in accordance with the
requirements of the Design and Construction Standards, Resolution and Order No. 07 -20, and is to include:
o Detailed plans prepared in accordance with Chapter 2, Section 2.04.2.b -1.
o Provisions for water quality in accordance with the requirements of the above named design standards. Water
Quality is required for all new development and redevelopment areas per R &O 07 -20, Section 4.05.5, Table 4 -1.
o If private lot Low Impact Disposal Alternative (LIDA) system is proposed, it must comply with the current
CWS Design and Construction Standards. A private maintenance agreement for the proposed private lot LIDA
systems must be provided to the City for review and acceptance.
o CWS, prior to issuance of any connection permits, must approve final construction plans and drainage
calculations
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO SITE WORK
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the PLANNING DIVISION, ATTN: HAP WATKINS 503 -718-
2440. The cover letter shall clearly identify where in the submittal the required information is found:
14. Prior to site work the ap-Dlicant shall submit a revised site plan to the City Arborist for review and approval
showing the location of tae required tree protection fencing (6 -foot metal), tree protection specifications, and
tree protection zone dimensions to scale in accordance with the Project Arborist's report. The plan shall be
signed by the Project Arborist.
15. Prior to site work, the applicant shall position fencing as directed by the project arborist in his report to protect
the trees to be retained. Fencing shall be 6 -foot metal. The applicant shall allow access by the City Arborist for
N LP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 3 OF 19
23. Prior to building permit issuance, the applicant shall submit a revised site plan for review and approval that
indicates the size, species, and location of street trees along both sides of the access driveway for the City
Arborist's review and approval. Spacing of such trees shall be in accordance with Section 18.745.040.C.2.0 of
the Tigard Development Code.
24. At the time of submittal for a building permit for the home on Parcel 2, the applicant shall submit materials
demonstrating that one (1) off -street parking space, which meets minimum dimensional requirements and
setback requirements as specified in Title 18, will be provided on -site for the new home.
25. Prior to building permit issuance, the applicant shall submit a report from Tualatin Valley Water District that
assures a minimum of 1,000 gallons per minute fire flow at 20 psi residual pressure from the nearest fire hydrant
for a residential structure less than 3,600 square feet. If the structure is 3,600 square feet or greater, the required
fire flow shall be determined according to IFC Appendix B (IFC B105.1).
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the ENGINEERING DIVISION, ATTN: GUS DUENAS 503-
718 -2470. The cover letter shall clearly identify where in the submittal the required information is found:
26. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper copy
of the recorded final plat.
27. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access
and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant
shall provide the plan prior to issuance of building permits.
28. The applicant shall either place the existing overhead utility lines along SW Walnut Terrace underground as a
part of this project, or they shall pay the fee in -lieu of undergroundmg. The fee shall be calculated by the
frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is
chosen, the amount will be $3,010.00 and it shall be paid prior to issuance of building permits.
29. The project narrative calls for pumping the storm water runoff to Walnut Terrace, which drains to 69 Avenue.
The plans call for installation of a drywell. The project must either connect to an approved system for storm
water runoff disposal or construct an approved alternative system to dispose of the storm water onsite. The on-
site disposal system on the plans must be approved by the Building Department and Clean Water Services.
30. Prior to issuance of the building permit for Parcel 2, the applicant shall pay the Transportation Development
Tax (TDT) of $4,599 as of the date of this decision. (Staff contact: Albert Shields, 503 - 718 -2426)
31. Prior to issuance of the building permit for Parcel 2, the applicant shall pay the Systems Development Charge
(SDC) of $5,370 as of the date of this decision. (Staff contact: Albert Shields, 503 - 718 -2426)
32. Prior to issuance of the building permit for Parcel 2, the applicant shall pay the standard water quality fee.
33. Prior to issuance of the building pelinit for Parcel 2, the applicant shall pay the standard water quantity fee
(unless the proposed onsite disposal is approved as an alternative system).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
• PRIOR TO FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the PLANNING DIVISION, ATTN: HAP WATKINS 503 -639-
2440. The cover letter shall clearly identify where in the submittal the required information is found:
34. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying
the health of protected trees and that the street trees were properly planted per the approved street tree plan.
Tree protection measures may be removed and final inspection authorized upon review and approval by the
City Arborist.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the ENDGINEERING DIVISION, ATTN: GUS DUENAS 503-
639 -2470. The cover letter shall clearly identify where in the submittal the required information is found:
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 5 OF 19
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The proposed partition shall comply with all statutory and ordinance requirements and regulations;
the proposed partition complies or can be made to comely with all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within fiiis administrative decision and through the imposition of
conditions of development approval. All necessary conditions must be satisfied as part of the development and
building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 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 Chapter
18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and
during construction, at which time the appro?riate review authority will ensure that City and applicable agency
standards are met. Based on the analysis in this c ecision, Staff finds that this 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 average minimum lot width required for the R -4.5 zoning district is 50 feet. The original parcel is 86 feet wide. The
proposed Parcel #1 is 66 feet wide as it fronts SW Walnut Terrace. Proposed Parcel #2 is considered a flag lot, and
front yards can be determined by the applicant. As proposed the east side will be the front yard. The narrowest
measurement of proposed Parcel #1 running east to west is approximately 66 feet and proposed Parcel #2 is 86 feet.
Therefore, this criterion is met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way
may not be included in the lot area.
The minimum lot area requirement in the R -4.5 zoning district is 7,500 square feet for detached
single - family units. The proposed partition creates two (2) lots. Parcel #1 is 8.535 square feet and Parcel #2 is 9,793
square feet minus the flag lot access drive (2,280 sq. ft.) which is not included for lot size computation. The net area for
Parcel #2 is 7,503 Therefore, this criterion is met.
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.
The original frontage along SW Walnut Terrace was 86 feet. The partition will leave Parcel #1 with a 66 foot frontage
and the access driveway for Parcel #2 is 20 feet at SW Walnut Terrace. Therefore, this criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R -4.5 zoning district are as follows: front, 20 feet; side, 5 feet; street side, 15 feet; and rear, 15 feet.
Because Parcel 2 is considered a flag lot, the side yard setbacks are increased to 10 feet. The setbacks for the future
home on lot 2 will be reviewed at the time of building permit submittal. Setbacks for the existing home on Parcel 1
meet the requirements; setbacks are discussed further under the Residential Zoning Districts section of this decision. A
condition of approval under the Residential Zoning Districts section will ensure the applicant shows the correct
setbacks on the building site plans. This criterion can be met conditionally.
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 2 will be a flag lot, and any proposed structure must meet all flag lot requirements. Flag lot requirements are
discussed in more detail under the Exceptions to Development Standards section of this report. This criterion can be
met conditionally.
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 7 OF 19
A minimum lot size of 7,500 square feet is required for each lot. The - proposed lot sizes meet this standard.
Setbacks of the existing home are met for Parcel 1 as outlined above. The raome is currently used as a rental. The
applicant states that the standards will be met on Parcel 2. Site and building plans for Parcel 2 will be reviewed
through the building permit process to ensure compliance with the R -4.5 zone and flag lot development standards,
including setbacks and height restrictions.
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FINDING: Based on the analysis above, the Residential Zoning District Standards will be met if the
applicant complies with the conditions of approval.
CONDITION: The conditions of approval are listed in Section II of this decision.
Access, Egress and Circulation (18.705):
Continuing obligation of property owner: The provisions and maintenance of access and egress stipulated in
this title are continuing requirements for the use of any structure or parcel of real property in the City.
Joint Access:. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same
access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies
the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented
in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds,
easements, leases or contracts are placed on permanent file with the City.
Joint access is not proposed with this development. Parcel 1 will continue to utilize the existing drive to Walnut Terrace
on the west side of the parcel and Parcel 2 will access onto Walnut Terrace on the east side. This standard is met.
Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N
Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall
connect directly with a public or private street approved by the City for public use and shall be maintained at
the required standards on a continuous basis.
All proposed parcels will have access to a public street. Parcel 1 has access onto Walnut Terrace. An access drive to
Walnut Terrace is proposed for Parcel 2. This standard is met.
Access Report: An access report shall be submitted with all new development proposals which verifies design
of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration
standards as set by ODOT, Washington County, the City and AASHTO.
The applicant's plans indicate that the sight distance to the west from the proposed driveway on SW Walnut Terrace is
162 feet to the intersection of SW Walnut Terrace and 69 Avenue. Sight distance to the east from the driveway is in
excess of 300 feet. SW Walnut Terrace is classified as a local street with a maximum speed of 25 mph, which requires a
minimum sight distance of 250 feet. A sight distance certification by a registered engineer that addresses the right turn
movement from 69`'' Avenue to Walnut Terrace will be required prior to final building inspection as a condition of
approval of this decision. This standard can be met conditionally.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of
collector or arterial street intersections. Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial
street intersection shall be150 feet, measured from the right -of -way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the influence area, as determined
from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case
where a project has less than 150 feet of street frontage, the applicant must explore any option for shared
access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as
far from the intersection as possible.
This property is not located on a collector or arterial street. This standard does not apply.
iection 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall
oe 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
\1LP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 9 OF 19
c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of
the subject dwelling, or the residential structure exceeds 1 -1/2 stories or 25 feet in height on any
abutting lot; and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any
abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct
views, or that such trees exist and will be preserved.
The applicant shows 10 -foot side yard setback on Parcel 2, but no specific building design is proposed. The
applicant states that residences to the north and west are within 50 feet of the proposed structure and are one story
each. Additional buffering and screening will be planted as necessary with the future structure. The applicant
requests that compliance with these requirements be reviewed at the time of building permit. This standard can be
met conditionally.
FINDING: Based on the information provided, staff has determined at this time that the Exceptions to
Development Standards are not met, but can be met as conditioned previously with
submittal of acceptable building and site plans.
CONDITIONS: The conditions of approval are listed in Section II of this decision.
Landscaping and Screening (18.745):
Section 18.745.030.0 states that the installation of all landscaping shall be as follows:
All landscaping shall be installed according to accepted planting procedures.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow
those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set
forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural
Gra-Dhic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity.
Additionally, there are directions for soil amendments and modifications.
The plant material shall be of high grade, and shall meet the size and grading standards of the American
Standards for Nurberg Stock (ANSI Z -60, 1 -1986, and any other future revisions); and
Landscaping shall be installed in accordance with the provisions of this title.
Certificate of Occupancy: Certificates of occupancy shall not be issued unless the landscaping requirements
have been met or other arrangements have been made and approved by the City such as the posting of a
bond.
Existing vegetation on a site shall be protected as much as possible: 1) The developer shall provide methods
for the protection of existing vegetation to remain during the construction process; and 2) the plants to be
saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing
which can be placed around the individual trees).
Tree protection is addressed under the Tree Removal section of this decision.
Street trees: Section 18.745.040
Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway
more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in
accordance with the standards in Section 18.745.040C.
This proposed project has frontage along SW Walnut Terrace. Street trees are required along SW Walnut Terrace and
along both sides of the 113 foot driveway access. All street trees must be planted in accordance with the standards for
size and spacing in this tide, under Section 18.745.040.C. The applicant s site plan shows street trees along Walnut
Terrace and both sides of the driveway access, but no size or species has been proposed. Street trees must be chosen
from the approved City of Tigard street tree list. This standard can be met conditionally.
3uffering and Screening Requirements: Section 18.745.050.5
The proposed land partition occurs on a parcel surrounded by the same land use designation (R -4.5) as the subject
parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 11 OF 19
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This requirement has not been met. The fencing and tree protection specifications outlined in the arborist report need
be transferred accurately to the site plans. Five or six foot metal fencing is proposed. The tree protection plan needs to
.ddress tree protection standards and methods for after construction. Specifically, they need to address acceptable
- landscaping practices and materials around preserved trees. This standard can be met conditionally.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be
removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of
approval for a conditional use, and shall not be subject to removal under any other section of this chapter.
The property owner shall record a deed restriction as a condition of approval of any development permit
affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant has proposed retaining trees on -site; removal of such trees is restricted. This standard can be met
conditionally.
FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant
complies with the conditions of approval.
CONDITIONS: The conditions of approval are listed in Section II of this decision.
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 hed e planting, fence, wall structure or temporary or
permanent obstruction exceeding three (3) feet in height. he code rovides that obstructions that may be
located in this area shall be visually clear between three (3) and eight (8) feet in height. 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 from the corner, 30 -feet along the right -of -way and along the driveway
and connecting these two points with a straight line.
As shown on the plan submitted by the applicant, no existing or proposed structures are located within the visual
clearance area. This standard has been satisfied.
Impact Study (18.390)
Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria
when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact, the
study shall propose improvements necessary to meet City standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property interests, the
applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide
evidence that supports that the real property dedication is not roughly proportional to the projected impacts
of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the
public of an interest in real property, the approval authority shall adopt findings which support the conclusion
that the interest in real property to be transferred is roughly proportional to the impact the proposed
development will have on the public.
The applicant has submitted an impact study. Parcel 2 will connect to existing water and sanitary lines in Walnut
Terrace. Storm water is proposed to be contained by an on -site system to be approved by the Building Department or
connection to a public disposal system will be required. No improvements are proposed for SW Walnut Terrace, but
street trees will be provided. Additional right -of -way must be dedicated along Walnut Terrace to meet current
standards. Parks system development charges and the traffic development tax will be collected for the new home at
building peiinit issuance.
fhe Washington County Traffic Development Tax (TDT) is a mitigation measure that is required at the time of
development. Based on Washington County figures TDTs are expected to recapture 28 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TDT's of
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 13 OF 19
Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where prevented by barriers such as
topography, railroads, freeways, pre - existing developments, lease provisions, easements, covenants or other
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restrictions existing prior to May 1, 1995 which preclude street connections. full street connection may also
be exempted due to a regulated water feature if regulations would not permit construction.
This proposal does not include the construction of streets. This standard does not apply.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a
development site shall be extended within the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. Land is considered topographically constrained
if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or
topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
There are no opportunities or needs for future streets or extensions of streets through this property. This standard does
not apply.
Cul -de -sacs: 18.810.030.L states that a cul -de -sac shall be no more than 200 feet long, shall not provide access
to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints,
existing development pattern, or strict adherence to other standards in this code preclude street extension
and through circulation:
o All cul -de -sacs shall terminate with a turnaround. Use of turnaround configurations other than
circular, shall be approved by the City Engineer; and
• The length of the cul -de -sac shall be measured from the centerline intersection point of the two streets
to the radius point of the bulb, and
e If a cul -de -sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be
required to be provided and dedicated to the City.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due regard to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
The proposal does not include the construction of streets. This standard does not apply.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800
feet measured along the right -of -way line except:
• Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-
existing development or;
e For blocks adjacent to arterial streets, limited access highways, major collectors or railroads.
o For non - residential blocks in which internal public circulation provides equivalent access.
The site is not located at the end of a cul -de -sac. This standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right -of-
ways shall be provided when full street connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or . topographical constraints, existing
development patterns, or strict adherence to other standards in the code.
There are no other bicycle lanes in the neighborhood. A bicycle land will not be required.
Lots - Size and Shape: Section 18.810.060(A) prohibits 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.
Parcel 1 is less than 1.5 times the minimum lot size (7,500 x 1.5 = 11,250). Parcel 1 is 8,535 square feet. The average
lot width of Parcel 1 is 66 feet, so 2.5 x 66= 165. Parcel 1 is 132 feet at the deepest point. Parcel 2 is less than 1.5 times
the minimum lot size (7,500 x 1.5= 11,250). Parcel 2 is 7,503 square feet. The average lot width of Parcel 2 is 86 feet, so
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 15 OF 19
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be met conditionally.
Jtilities: 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:
o 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;
e 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 18.810.120.0 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 approval 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 by 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 the frontage of SW Walnut Terrace (south side). If the fee in -lieu is
proposed, it must be approved by the Development Engineer and is equal to $35.00 per lineal foot of street frontage
that contains the overhead lines. The frontage along this site is 86 lineal feet; therefore the fee would be $3,010.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
The nearest hydrant is located at the southeast corner of the intersection of SW Walnut Terrace and 69t Avenue ROW.
The applicant shall submit a report from Tualatin Valley Water District that assures a minimum of 1,000 gallons per
minute fire flow at 20 psi residual pressure from the nearest fire hydrant for a residential structure less than 3,600 square
feet. If the structure is 3,600 square feet or greater, the required fire flow shall be determined according to IFC
Appendix B (IFC B105.1). This standard can be met conditionally.
Public Water System:
Tualatin Valley Water District (TVWD) provides service in this area. The applicant must submit plans for review and
approval to TVWD and provide their approval prior to issuance of the City's Public Improvements permit.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which
require the construction of on -site water quality 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.
The CWS 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.
The CWS 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:
.:WS 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 resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 17 OF 19
o If private lot LIDA system is proposed, it must comply with the current CWS Design and Construction
Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided
to the City for review and acce ?tance.
e Show all existing and proposes easements on plans. Any required storm sewer, sanitary sewer, and water quality
related easements must be granted to the City.
e Any proposed offsite construction activities will require an update or amendment to the current Service
Provider Letter for this project.
e CWS, prior to issuance of any connection permits, must approve final construction plans and drainage
calculations.
Tualatin Valley Fire and Rescue was sent a copy of the proposal, and their comments are incorporated in the
conditions of approval contained in this decision..
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
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 OCTOBER 23, 2009 AND BECOMES
EFFECTIVE ON NOVEMBER 7, 2009 UNLESS AN APPEAL IS FILED.
eal:
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.G.1, may appeal this decision in
accordance with Section 18.390.040.G.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.
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 NOVEMBER 6, 2009.
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.
L :tiit_41 t October 23, 2009
PREPARED BY: ap Watkins DATE
Assistant Planner
, £' ( v T 9 1 /~ October 23, 2009
APPROVED BY: Richard B ewers dexff DATE
Planning Manager
MLP2008 -00008 Gilbert Land Partition Decision 102209 PAGE 19 OF 19
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