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MIS2004-00005 Decision - FOUSHE LOT LINE ADJUSTMENT � . N T YP E S D E CIS ION II ` �� r URBANISE VMS REA6 , = _ '14 I r LOT LINE ADJUSTMENT (MIS) 2004 00005 F- gfA”,1 - r .?i a� L - � �"" �'Otriltttl #Zt =wit ow, FO USHEE t.OT LINE A: JU,STMEN $r � � t camk4=ty 120 DAYS = 10/12/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: FOUSHEE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2004 -00005 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Tract #1 of 219,040 square feet will become 232,500 square feet, and Tract #2 of 46,550 square feet will become 33,100 square feet. APPLICANT: LanPacific, Inc. Attn: Julie Sabin 1001 SE Water Avenue, Suite 360 Portland, OR 97214 OWNER Sean Foushee OWNER TRACT 1: do Accent Homes TRACT 2: Same 12583 SW Autumnview Street Tigard, OR 97223 LOCATIONS: TRACT 1: WCTM 2S108AB, Tax Lot 01200 TRACT 2: WCTM 2S108AB, Tax Lot 01201 Located on the north side of SW Bull Mountain Road at the Roshak Road intersection. COMPREHENSIVE PLAN DESIGNATION: Medium - Density Residential ZONING DESIGNATION: R -7: Medium - Density Residential. 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 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is he eby given that : the City Tigard CommunityADevelopment , Direct o r's de signe e h iAPPROVED the above�req hest subject to c erta i n conditions of approva T l he findi and conclusionsfon which the edecision is b�ased -are P,941`7!,- in S ection IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2004 -00005 - FOUSHEE LOT LINE ADJUSTMENT i r CONDITIONS OF APPROVAL T � ,ram' ;szm' z .xc�'sn�s.�mx« yr, ,o�.,uck .. ...., _ � _. � « �a."e;. w :.:... �,,�... PRIORSTO THE CORDING OF THE LOT LINE ADJUSTM THE '' C = S HA L L: BE SATISFIED ` AUNL_ES�S�OTHERWISE N THE STAFF . � ,"�„ � 5 � "d -- a � � .'... a �, � r� �" '� 'sr�'� � K'^k CONTACT�.S BE MORGAN TRACY, IN THE PLAT NI DIV S IONlAT 5 -6 -41r7V 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. • 2. The applicant shall record with the lot line adjustment a minimum 15- foot -wide access easement for the benefit of Tract 2 across Tract 1. If the access drive is within 10 feet of the adjoining properties, a screen shall be provided prior to final building inspection. This easement may be extinguished once public or private street frontage is made available to Tract 2. 3. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. 4. Prior to issuance of a building permit on Tract 2, the applicant shall consult with Tualatin Valley Fire & Rescue (TVF &R) regarding the need for a fire hydrant. If a hydrant is deemed necessary, the applicant shall bear the responsibility and cost of installing the hydrant. may: TH S APPROVAL SHALL BE�V%ALID; 1t MONTHS - 1 p W, c FROM THE EFFECTIVEEDA OF , SECTION III. BACKGROUND INFORMATION Site Information: The subject tracts are located on the north side of SW Bull Mountain Road just east of the intersection at Roshak Road. Tract number 1 is vacant except for a large shed building. Tract number 2 is a heavily treed landlocked lot and is vacant. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. The adjustment is in preparation for a subsequent partition application. The adjustment is necessary to configure the lots for the future land division. Tract #2 will be conveying 13,100 square feet to Tract #1. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No additional parcels will be created. Both tracts have not been reduced below the minimum lot size of 5,000 sq feet as required for (R -7) zoning, tract 1 will be 232,500 sq. feet and tract 2 will be 33,100. Therefore, this criterion is met. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2004 -00005 - FOUSHEE LOT LINE ADJUSTMENT i By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The resulting lot sizes will remain above the minimum required in the R -7 zone. Tract 2 will not have frontage on a public or private street but will be required to maintain an easement for access until physical street frontage is provided. There are no structures on Tract number 2, and the shed on Tract 1 will be approximately 490 feet from the adjusted lot line. Therefore, this criterion is met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • 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 calculation; • 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; and • Setbacks shall be as required by the applicable zoning district. As described previously, both tracts will continue to meet the minimum standards of the R -7 zone. The minimum lot width is the R -7 zone is 50 feet for single - family units. Tract 1 will have approximately 300 feet of width and Tract 2 will also have approximately 300 feet of width. Tract 1 will continue to front SW Bull Mountain Road, and as discussed previously, Tract 2 will be required to have a legally recorded access easement through Tract 1. Also, as previously discussed, all setback requirements are met by this lot line adjustment. This criterion is satisfied. With regard to flag lots: • 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. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Tract 2 is an existing land locked lot that will be considered a flag lot for future development purposes. Until the access easement is recorded and the driveway is constructed it is not known whether this will be within 10 feet of a lot of record. Therefore, this criterion is met. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire- fighting capabilities. This standard will be reviewed at time of building permit application, and a new fire hydrant may be required if deemed necessary by the fire district. Therefore, this standard is met with the following condition: CONDITION: Prior to issuance of a building permit on Tract 2, the applicant shall consult with TVF &R regarding the need for a fire hydrant. If a hydrant is deemed necessary the applicant shall bear the responsibility and cost of installing the hydrant. 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. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2004 -00005 - FOUSHEE LOT LINE ADJUSTMENT ` ie \. No common drive is proposed as part of this lot line adjustment. However, access to Tract 2 will be required as a condition of this decision. This access shall be in the form of an easement, and may extinguish once private or public street frontage is available. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. The required access easement shall be a minimum of 15 feet in width. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right -of -way dedication is required. Floodplain, greenway and right -of -way dedications are not required as part of this application. Therefore, this statement is met. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: oTotti was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. AND THIS EFFECTIVE ON JUNE 1'6, 20 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)39 -4171. June 15, 2004 APP OVE BY: Morga racy DATE Associate Planner is \curpin\morgan \workspace \Ila\mis2004 -00005 foushee Ila\mis2004 -00005 decision.doc NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2004 -00005 — FOUSHEE LOT LINE ADJUSTMENT i NI PH- : .k). 1 CITY of TIGA • GEOGRAPHIC INFORMATION SYSTEM a VICINITY MAP — ad MIS2004 -00005 FOUSHEE LOT LINE BAKER LN ADJUSTMENT JJ Q q 43 ri \\M i Y ° �Rn RP, v UY 3 � S / x'< , a ik .4o \ \ , , \ ,\ \\\. \ \ \ 4 . ,,,N tt\i \ s .....k. 111111 1?0 '1 e FrrR NY PL .E °RO I ■ Tigard Area Map l • ■ C '�� O o too 200 300 400 Feet ti C 1 "= 311 feet a.. A�► - C i ty , of tgard ` ■ Io e tv n fi d w i m is for gener lo Development Services only Di vision. and should be verified with the Di 13125 SW Hall Blvd Ti gard, O° X17223 . ItS n (503! 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