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VAR2005-00074 Decision - VOLPE SUBDIVISION ADJUSTMENT NOTICE OF TYPE. II DECISION VOLPE SUBDIVISION ADJUSTMENT CITY oFTrARO T (VAR) 2006 00 Community lDevetopment : . .... C ommunity :... ,... ':. Shap ingA fetter ,:...:... • . 120 DAYS 1/14/2006 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: VOLPE SUBDIVISION ADJUSTMENT CASE NO: Street Improvement Adjustment (VAR) VAR2005 -00074 PROPOSAL: The applicant is requesting a development adjustment to the recently approved Volpe subdivision (SUB2005- 00013) in order to exceed the maximum . slope of 15% for the proposed Street "A ". The applicant is proposing that a section of the Street, approximately 100 feet in length, have an 18% road grade. The requested adjustments are allowed under 18.370.020.C.11. APPLICANT: George Marshall APPLICANT'S Lamoine Eiler Architecture PO. Box .91,249: REP.: Planning LLC Portland, OR 97210 • Attn: Lamoine Eiler • 2387 NW Northrup, #9 Portland, OR 97210 OWNER: Berniece U Volpe Trust & OWNER: Marshall Real Estate Berniece Volpe Trust Development, LLC By Marshall Real Estate PO Box 91249 Development, LLC Portland, OR 97291 PO Box 91249 Portland, OR 97291 LOCATION: 16480 SW Bull Mountain Road; WCTM 2S108TC, Tax Lot 12100 and 12200. The subject site is located at SW 164 Avenue and SW Bull Mountain Road. ZONE: 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. APPLICABLE REVIEW - CRITERIA: Community Development Code Chapters, 18.370, 18.390, 18.510, 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section V of this decision. VAR2005- 00074 —VOLPE SUBDIVISION ADJUSTMENT PAGE 1 OF 4 4 „i+ ., CONDITION OF APPROVAL THE. FOLLOWING CONDITION SHALL BE SATISFIED. PRIOR TO BUILDING PERMIT: 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 CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503- 639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Acknowledge in writing that all homes taking access from street "A" will have a TVF &R approved sprinkler system. SECTION III. BACKGROUND INFORMATION Site History: The subject site is approximately 9.7 acres in size and is comprised of a two parcels. A search of City records finds that a lot line adjustment was approved in August 10, 2004. This lot line adjustment resolved a boundary issue where an approximate 4,800 square foot portion of the proposed subdivision lay outside the urban growth boundary. The present boundary of the subdivision request is now entirely within the urban growth area. An earlier subdivision request for 54 lots was submitted, but was withdrawn on January 13, 2005. The site is in timber deferral and logging was completed on April 30, 2004. Since those trees were removed more than 1 year prior to submitting the present application, those trees are not subject to mitigation requirements. The parcels are outside the current city limits but, are within the Urban Services Area, and therefore fall under the City of Tigard's planning review. Site Information and Proposal Description: The applicant is requesting a development adjustment to the recently approved Volpe subdivision in order to exceed the maximum slope of 15% for the. proposed Dekalb Street. The applicant is proposing that a section of SW Dekalb Street, approximately 100 feet in length, have a 17% road grade and an additional transitional section, approximately 25 feet in length, have a 16% grade. The requested adjustments are allowed under 18.370.020.0.11. Vicinity Information: The proposed development lies within unincorporated Washington County south of SW Bull Mountain Road and west of the current Meyers Farm Subdivision, and the recently approved Arbor Pointe (formerly Meyers Farm No.2). The site is accessed from Bull Mountain Road as well as SW Dekalb Street, with two lots being served from the private portion of SW Bray Lane. To the south and west are the former limits of the urban growth boundary (UGB). These areas are expected to be included into the growth boundary and developed at roughly 10 units per acre, once master planning efforts have been accomplished and new zones adopted. The area within the current urban service area is zoned R -7. SECTION IV. PUBLIC COMMENTS No public comments were received. VAR2005- 00074 -VOLPE SUBDIVISION ADJUSTMENT PAGE 2 OF 4 SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS: Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with . conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. According to 18.810.030.N, "Grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet)." This street (Street A) is proposed to be 18% grade. As indicated in the applicant's narrative, this is the result of the existing topography, and the position of the road layout in Arbor Pointe formerly Meyers Farm No. 2). Also, when the future street profiles were projected for Meyers Farm No. 1, SW 163' was projected to be the secondary road (for purposes of grade alignment at the intersection). When SW 163 became the primary road, this forced SW Dekalb to align with the crown section on SW 163 u. This shortened the amount of distance available to make the required grade for SW Dekalb. To maintain a compliant grade would require an extensive amount of fill to bring both SW 164 h and SW Dekalb up approximately 5 feet in elevation. This will have other impacts including the transition to the existing CWS pump station elevation and grading on the lots and possible additional impacts to the adjacent wetland. Tualatin Valley Fire and Rescue. has approved the proposed street grade of Street "A" as long as homes taking access are built with an approved fire sprinkler system. Staff can find that the impacts resulting from increased fill outweigh the benefit of a compliant street grade. Absent such a concurrence, then the impacts to public safety will outweigh the impacts to the development. FINDING: Based on the analysis above, the Adjustment Criteria 18.370 (Variances and Adjustments) have not been met. If the applicant complies with the condition below, the standard will be met. CONDITION:Acknowledge in writing that all homes taking access from street "A" will have a TVF &R approved sprinkler system. SECTION VI. OTHER STAFF COMMENTS No objections were received. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this adjustment predicated on the following: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and turnarounds shall be level (maximum 8 %) with the exception of crowning for water run -off. When fire sprinklers are installed, a maximum grade of 18% is allowed. The approval of fire sprinklers as an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5). VAR2005- 00074 -VOLPE SUBDIVISION ADJUSTMENT PAGE 3 OF 4 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: THIS DECISION IS FINAL ON NOVEMBER 8, 2005 AND BECOMES EFFECTIVE ON NOVEMBER 24, 2005 UNLESS AN APPEAL IS FILED. A 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 maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING OF AN APPEAL IS 5:00 P.M. ON NOVEMBER 23, 2005. 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. November 8 2005 • • • ` P ='� %at e 'cT'•egger DATE Associate • lanner is \cu rpin \mathew \VAR \va r2005- 00047d ecision. doc VAR2005- 00074 —VOLPE SUBDIVISION ADJUSTMENT PAGE 4 OF 4 • Y • CIT of.T'ITGIARD ■ ' GEOGRAPHIC INFORMATION SYSTEM SW COLONY PL vp WA I.J VICINITY MAP <> 1.11 11 . 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