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MLP2003-00019 Decision - TRAIN PARTITION w V NOTICE�OF� P II DE ISION 1444N4444.,.. VAIMI sele.:4%,4-V-4 A "U RBAN S ERVICE AREA" 4 ^ x MINOR LAND PARTITION (MLP 2 ;0 �: � ,onuntty�Deve lopme nt 1 g TRAINPARTITION � r ommumty B 120 DAYS = 8/13/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TRAIN PARTITION CASE NOS: Minor Land Partition (MLP) MLP2003 -00019 Sensitive Lands Review (SLR) SLR2004 -00006 PROPOSAL: The applicant is requesting a Minor Land Partition approval to partition one (1) existing 20,000 square foot lot into two (2) parcels for detached single - family residences. The lot is currently vacant. Sensitive lands review is required as the site contains areas of slopes greater than 25 %. APPLICANT'S Planning Resources, Inc. APPLICANT/ Harvey Construction REP: Ken Sandblast OWNER: PO Box 506 7160 SW Fir Loop #201 Beaverton, OR 97075 Portland, OR 97223 .ONING 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: West side of SW 119 Avenue, north of Beef Bend Road; WCTM 2S110CA, Tax Lot 3500. PROPOSED PARCEL 1: 8,977 Square Feet. PROPOSED PARCEL 2: 11,042 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), 18.775 (Sensitive Lands Review), 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION � t cep VE is Ali §ereby given tha tiie `City of Q Tigard Communii�y ®evelopmer t ®erector's tle�ignee nt s °APPRO® the:abovetre nest su b ect to certain conditions The,f d i k nand coin u sions on wh ich t he �f� s ... q t�'� , a� �i �e IRO!: � �°. �r w�^ 3 �., . c t .� decisio . is °° °bas � e notedFan Section 14 z ' 1 14 ` :. �'Pe's ;..�' NOTICE OF DECISION MLP2003-00019/TRAIN PARTITION PAGE 1 OF 16 CONDITIONS OF APPROVAL oftg THE FOLI WING CONDITIONS' SHALL BE A 4 iPRIOR TO APPROVA OF H NA PLAT 3 - Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1. Prior to final plat approval, the applicant shall provide joint access between Parcels 1 and 2 at the most northerly property line of Parcel 1 (as shown). A reciprocal easement for access and maintenance shall be shown on the final plat. 2. Prior to final plat approval, the applicant shall provide a street tree plan for the SW 119 Avenue frontage. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for . review and approval: 3. A Public Facility Improvement (PFI) permit is required for this project to cover sidewalk, driveway aprons and any other work in the public right -of -way (ROW). Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 4. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accur' information to the Engineering Department will delay processing of project documents. 5. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall . be provided on -site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 6. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $100.00. (STAFF CONTACT: Shirley Treat, Engineering). 7. Additional right -of -way shall be dedicated to the Public along the frontage of 119 Avenue to increase the right -of -way to 27 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 8. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW 119' Avenue as a part of this project: A. 5 -foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per Tigard Development Code (TDC) requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (if applicable). 9. Parcel 2 shall not be permitted to have access within 150 feet of the intersection of 119 Aver and Beef Bend Road. 10. The applicant shall obtain approval from Clan Water Services (CWS) for the proposed sanitary sewer lateral connections to the main in 119 Avenue. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 2 OF 16 • 1. The applicant shall obtain approval from CWS for the proposed stormwater detention system. 12. The applicant shall obtain approval from CWS for the proposed stormwater quality treatment system or approval from CWS to pay the fee in -lieu of constructing an on -site facility. 13. The applicant shall contact the City of Tigard Water Department for installation of the water meters. 14. Prior to final plat approval the applicant's engineer shall provide certification that the visual clearance areas are met. 15. 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 (GC 22). 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. By random traverse using conventional surveying methods. 16. 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. Attach a check in the amount of the current final plat review fee (Contact Planning /Engineering Permit Technicians, at (503) 639 -4171, ext. 2421). C. 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. D. The right -of -way dedication for 119' Avenue shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit three mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). � � s T H E FOLLOWING CONDITIO SH B SATISFIED 'Ya'�r - � K'� � � � � 3 � . Ir, a..�� ,.�,rt .s PRIORTO�ISSUANCE BUI - PERMITS ff�� _ � u�4 �,,.,. � , 3.x.. t Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval: 17. Prior to issuance of a building permit, the applicant shall submit a tree protection plan prepared by a certified arborist. The applicant/owner shall install the required tree protection measures prior to commencing any site activity. 18. Prior to issuance of a building permit for either parcel, the applicant shall contract with a soil engineer or his representative to review the excavation for the subject home for subgrade bearing conditions. A copy of the soil engineers analysis and findings shall be submitted for review and approval after the initial excavation but prior to pouring the foundation. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 19. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 20. 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. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 3 OF 16 21. Prior to issuance of building permits the City Engineer shall deem the public improvemen' substantially complete. Substantial completion shall be when: 1) all utilities are installed al inspected for compliance, including franchise utilities, 2)sidewalks, planter strips and street trees are installed, and 3) any off -site street and /or utility improvements are substantially completed. ` 4 THE FOLLOWING CONDITION SHALL B SATISFIE . - -...` . -. , sT '^gyp- 5 PRIOR' TO FINAL BUI LDINGINSPECTION �_. Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval: 22. Prior to a final building inspection, all areas disturbed by construction shall be revegetated in accordance with Chapter 18.745, immediately following completion of construction. 23. Prior to final building inspection on each lot, the applicant shall install the required street trees. 24. Prior to final building insp the applicant/owner shall remove any visual obstacles as necessary along SW 119 Avenue right -of -way to preserve the vision clearance areas. Moreover, the applicant acknowledges that the driveway may need to be relocated south to meet the vision clearance requirements from the abutting lot. In no case shall this driveway be placed closer than 150 feet from the intersection with SW Beef Bend Road. tHISSAPPROVA� IS VALID IFS CERCISE,D WITH NlEIGHTEENr(18) MONTHS OF��THE EFFECTIVE e '" d xssa (DATE ,OFTH DECISION NOTEDUNDER T HE PROCESS AND. APPEAL SETIO OF TH IS "Y S trr. n 3 . r 'emi't ` ` ' t 3q i 3k sq i '.A "mac3 DECISION 3 2 T,�„/ - ?'r �' ,* €t .?^ .a %tt .� _ s „. c.pr »_ pi. 4;..e,,,,. ,,.,, �x ..Yaf •d_z'�WY��- ,u., ry ., - h�R^�.:R SECTION III. BACKGROUND INFORMATION Property History: The subject parcel is located in unincorporated Washington County in the Urban Services Area, and is subject to City of Tigard planning review. The property is designated Medium Density Residential on the Tigard Comprehensive Plan and Zoning Map. No other land use approvals were found to be on file. Site Information and Proposal Descriptions The subject property is approximately 20,000 square feet and slops steeply from the north corner to the street. The site has approximately 112 feet of frontage on SW 119 Avenue which is a cul- de-sac street. The owner is ro osing to partition the lot into two separate parcels with a shared driveway as indicated on the proposed site plan. p Proposed Parcel #1 (11,042 square feet) and Parcel #2 (8,977 square feet) are both vacant. The adjacent properties and surrounding area are characterized by single - family homes. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunit y to comment. Emails from two nearby owners were received. An email from Isador Morgavi, expressed concern with potential slope instability, especially as it related to excavation for the new house near p r his property. p The other letter from the Hailing Family, related concerns from stormwater drainage impacts to their property. Both of these issues are addressed in greater detail under Chapter 18.810, Street and Utility Improvement Standards, later in this decision. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 4 OF 16 • The proposed partition complies or can be made to comply with all statutory and ordinance requirements 1d regulations as demonstrated by the analysis contained within this 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 therein, 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 appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, 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 minimum lot width required for the R -7 zoning district is 50 feet. Parcel #1 and #2 are both 56 feet wide. 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 :cessway may not be included in the lot area. The minimum lot area requirement in the R -7 zoning district is 5,000 square feet for detached single - family units. The proposed partition creates two (2) lots that are 8,977 and 11,042 square feet respectively. This criterion has been satisfied. 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 proposed partition plat illustrates that both lots greatly exceed the 15 -foot street frontage requirement. This criterion is met. Setbacks shall be as required by the applicable zoning district. • Setbacks for the R -7 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet; and rear, 15 feet. Both lots are vacant and there is nothing in the record to indicate that required setbacks cannot be met. This standard is met. 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. None of the proposed parcels will be a flag lot, therefore this standard is not applicable. 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 'utdoor recreation areas for proposed development. vVhile the accessway will be shared, it does not abut an existing neighboring lot; therefore no additional screening will be required. 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. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 5 OF 16 The fire district (TVF &R) has reviewed the proposal and has not required an additional fire 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. A reciprocal easement for access and maintenance will be required to be provided on the partition plat. CONDITION: The applicant shall record a reciprocal easement for access and maintenance. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision. Where landfill and /or development is allowed within or adjacent to the one - hundred year floodplain, the city shall recauire 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 artitioned lots are not within nor adjacent to a one - hundred -year floodplain. Therefore, this standard does not apply. PP . Y 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 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 do. not apply. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD r ,a, . ,� -�� � ��,� :.�,�- ��� e .,����� R7 t Parce I!'ral2L ' Minimum Lot Size - Detached unit 5,000 sq. ft. 8,977 sq. ft. 11,042 sq. ft. - Duplexes 10,000 sq. ft. • - Attached unit 5,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 56 ft. 56 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% Can be met Can be met Minimum Setbacks - Front yard 20 ft. Can be met Can be met - Side facing street on corner & through lots 15 ft. N/A N/A - Side yard 5 ft. Can be met Can be met - Rear yard 15 ft. Can be met Can be met - Side or rear yard abutting more restrictive zoning district — N/A N/A - Distance between property line and front of garage 20 ft. Can be met Can be met - Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. N/A N/A Maximum Height 35 ft. Can be met Can be met Minimum Landscape Requirement 20% Can be met Can be met NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 6 OF 16 minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes of 8,977 and 1,042 square feet meet this standard. Parcels #1 and #2 are both currently vacant. Future development will be reviewed through the building permit process to ensure compliance with the R -7 development standards. Setback standards, required by Table 18.510.2 will apply to all future development of the proposed lots. These requirements can be met. 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. As discussed later in this section, a reciprocal access agreement will be required between Parcels 1 and 2. The reciprocal easement will be required as a condition of approval. The standards of this chapter will be a continuing obligation on the owners sharing this easement. Section 18.705.030.H.1 states that 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 narrative did not address this section of the code. The applicant's engineer shall provide confirmation that the visual clearance area standard will be met for both driveways. This shall be indicated on the permit drawings. 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 Aback from a collector or arterial street intersection shall be 150 feet, measured from the right- -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. The driveway for Parcel 2 must be placed outside the area of influence of the arterial (Beef Bend Road) intersection. The applicant has proposed a shared driveway on Parcel #1 that will meet this requirement. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 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. There are no new driveways or new local streets being created on Beef Bend Road. SW 119 is a local road with no spacing requirements for driveways. 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 between Parcels 1 and 2 will be required to meet the access management requirements. Therefore, satisfactory legal evidence will be required to establish the joint access. This shall be shown i the partition plat. 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 approved by the City for public use and shall be maintained at the required standards on a continuous basis. NOTICE OF DECISION MLP2003- 00019/TRAIN PARTITION PAGE 7 OF 16 All proposed parcels will have access to SW 119 Avenue, a public street. This standard is 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. Both parcels will be served by a single shared driveway, and it is not expected to exceed 150 feet in length or be steeper than 20% grade. Therefore, there are no specific additional requirements that need to be applied to the private drive. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a) A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead- configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5 %. As described above, none of the driveways will exceed 150 feet in length. Therefore these standards are not necessary. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Apart from requiring the driveway be placed outside the influence area of the intersection with SW Beef Bend Road, no additional limitations on access are warranted. FINDING: The applicant has proposed a joint access driveway for Parcels #1 and #2. CONDITION: The applicant shall provide joint access between Parcels 1 and 2 at the most northerly property line of Parcel 1 (as shown). An easement may either be part of the plat (preferred) or recorded separately. Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights -of -way. 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 residential 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 address the intensity of residential land uses, typical' expressed as the number of housing units per acre. The total square footage of the subject proper. is 20,000 square feet. There are no private streets, however, there is approximately 8,050 square feet of sensitive land areas (steep slope over 25% grade) within the subject proposal. Additionally, the area being dedicated along SW 119 Avenue (26 square feet) is subtracted. This results in a net developable area of 11,724 square feet. As the minimum lot size for the R -7 zone is 5,000 square feet, the maximum number of residential units (single - family or duplex) is two and the NOTICE OF DECISION MLP2003- 00019/TRAIN PARTITION PAGE 8 OF 16 inimum number of lots required is one. The proposed partition creates 2 separate lots in ,Jnformance with the density requirements. FINDING: Based on the analysis above, the Density Computation Standards have been met. Landscaping and Screening (18.745): 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 on SW 1 19 th Avenue. The access drive serving the proposed lots will not exceed the 100 -foot length. However, street trees are required along the public streets and shall be planted in accordance with the standards for size and spacing in this title, under Section 18.745.040.C. Street trees will be required in this case. FINDING: The requirement for planting street trees is not met. CONDITION: The applicant shall provide a street tree plan for the SW 119 Avenue frontage prior to final plat approval and shall install said street trees prior to final building inspection on each lot. Sensitive Lands (18.775): With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or reater or unstable ground based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land form alteration or development will not create .,ite disturbances to an extent greater than that required for the use; To minimize the amount of excavation, the applicant has proposed a joint use driveway to serve both parcels. The homes will be situated towards the top of the slope to reduce the need to dig out for the foundation. Excavation will still be necessary to accommodate the two proposed homes, but will be lessened by the applicant's plans. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on -site and off -site effects or hazards to life or property; The applicant has submitted a geotechnical engineer's analysis of the proposed site plan and home construction. The geotech found no evidence of past instability nor wet areas. The geotech further found that the proposed plan is geotechnically feasible and compatible with the site soil conditions. 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink -swell capability; compressible /organic; and shallow depth -to- bedrock; and The applicant's geotech engineer recommended that a deepened footing up to 6 feet may be required to achieve proper bearing conditions below existing fill and outside the influence area of the steep slope. The geotech also recommended that a soil engineer or his representative should review the excavation for the subject home for subgrade bearing conditions prior to pouring the concrete for the foundations. . Where natural vegetation has been removed due to land form alteration or development, the ,•eas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. In addition to erosion control measures during construction, the applicant will be required to revegetate the disturbed areas on site immediately following completion of construction. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 9 OF 16 FINDING To assure that the requirements of the sensitive lands review are met, the followir conditions are required: CONDITIONS: Prior to issuance of a building permit for either parcel, the applicant shall contract with a soil engineer or his representative to review the excavation for the subject home for subgrade bearing conditions. Prior to a final building inspection, all areas disturbed by construction shall be revegetated in accordance with Chapter 18.745, immediately following completion of construction. Tree Removal (18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot „ parcel or combination of lots or parcels for which a development application for a subdivision, partition site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has indicated that there are 2 trees on site, but both are less than 12 inches in diameter. None of these trees are proposed for removal. The City Forester, however, notes that a protection plan for the trees to remain will be required. Therefore, the applicant will be required to submit a protection plan developed by a certified arborist for the two trees in the construction impact area on Parcel #2. In addition, no building permits for the proposed Parcel #2 will be issued until the City Arborist can verify that protection measures have been installed according to the required tree protection plan. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order to meet the standard the applicant shall satisfy the following condition: CONDITION: Submit a tree protection plan prepared by a certified arborist with the building perr application for Parcel #2. The applicant/owner shall install the required tree protectk.. measures prior to building permit issuance. Visual Clearance Areas j18.795): 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, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (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. 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. The applicant's site plan shows the vision clearance triangles for the roposed lots. A vision clearance area has not been shown for the relocated driveway. There is a fence that has been proposed for removal along SW Chardonnay, and once removed will not pose a visual obstacle. Staff has not identified any other visual clearance obstacles. Staff notes that the entire fence need not be removed to comply with the visual clearance standards, just those areas within the vision clearance triangle as described above. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not presently met. CONDITION: The applicant/owner shall remove any visual obstacles as necessary along SW 119 Avenue right -of -way to preserve the vision clearance areas. Moreover, the applicant acknowledges that the driveway may need to be relocated south to meet the visie- clearance requirements from the abutting lot. In no case shall this driveway be plac closer than 150 feet from the intersection with SW Beef Bend Road. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 10 OF 16 ipact Study 18.390) .ection 18.3 0.090 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 appcant has submitted an impact study. The applicant will not be required to physically improve SW 119 to current width standards, however, the applicant will be required to submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street improvements on SW Chardonnay to mitigate for the addition of 20 vehicle trips from the site. Moreover, the applicant will be required to provide sidewalks and dedicate an additional 2 feet of right -of -way. The applicant will be tying into existing sanitary sewer and storm drainage systems for the two parcels. Sewer is already available and has sufficient capacity to serve the development. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this )cision. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's of approximately $2,530 per new dwelling unit. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $15,812 ($2,530 times two units divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $10,752. The applicant will be required to dedicate additional right -of -way along SW 119 (approximately 260 square feet) for future road improvements. The approximate value of unimproved residentially zoned property is $3.00 per square foot, for a total cost of $780.00. Since the unmitigated impact remaining is $9,972 ($10,752 - 780.00) the required exaction is proportionate. PUBLIC FACILITY CONCERNS Street And Utility Improvements 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: ection 18.810.030.A.1 states that streets within a development and streets adjacent shall be iproved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. NOTICE OF DECISION MLP2003 -00019ITRAIN PARTITION PAGE 11 OF 16 Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a collector street have a 35 -foot right -of -way width and 23 -foot paved section. Other improvements required m.., include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 119 Avenue, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 50 feet of ROW and 32 feet of paving, curb to curb, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide for 27 feet of ROW from centerline. SW 119 Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should construct a 5 -foot sidewalk with a 5 -foot planter strip and street trees. 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. 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; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non - residential blocks in which internal public circulation provides equivalent access. No new streets are being created with this partition, therefore this standard is not applicable. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easemen... 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. Similarly, since no streets are being proposed, and no connections are required, this standard is not applicable. 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 8977 square feet or 1.8 times the minimum lot size. It is 133 feet deep, while being 56 feet wide (at the narrowest point). 56 times 2.5 is 140. Parcel #2 is 11,042 square feet or 2.2 times the minimum lot size. It is 171.18 feet deep, while being 68.52 feet wide (on average). 68.25 times 2.5 is 171.3 feet. This standard is met. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 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 feet. Both lots have greater than 25 feet of public street frontage. 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. Private streets and industrial streets shall have sidewalks on at least one side. NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 12 OF 16 The applicant's plan indicates they will construct a new 5 -foot sidewalk and planter strip, thereby ,eeting this criterion. 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 provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over - sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The plan indicates that each parcel will have a sewer lateral connecting to the public main in 119 Avenue. The applicant is required to get approval from CWS for the connection. 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 18.810.100.0 states 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 Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and cluding any future revisions or amendments). The applicant's Impact Study indicates that the drainage system for this development will be required to accommodate existing surface water runoff from adjacent, upstream parcels. The applicant shall indicate on the plans how this will be accomplished and must get CWS approval. Effect on Downstream Drainage: Section 18.810.100.D 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 by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) 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 Management detention /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's narrative and impact study indicate that they will be providing detention. The preliminary plat does not show a detention facility and calculations were not submitted. The applicant must get approval from CWS for the proposed detention system. Utilities: ?ction 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: NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 13 OF 16 • • The developer shall make all necessary arrangements with the serving utility to provic' the underground services; • The City reserves the right to approve location of all surface mounted facilities; • 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 • 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 no existing overhead utility lines along the frontage of SW 119 Avenue. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Construction Traffic: A letter from a resident in the neighborhood expressed concern about construction vehicles blocking traffic on the cul -de -sac. The applicant will be required to submit a construction vehicle access and parking plan for review and approval prior to issuance of the PFI permit. Public Water System: The City of Tigard provides public water service in this area. The applicant's plan indicates that they will be providing a 3 /4 -inch water service to each parcel. 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 applicant has provided conflicting information regarding water quality treatment. The project description indicates that they will treat the stormwater. The Impact Study also indicates that they will treat stormwater. Their response to 18.810.100, Storm Drainage, indicates that they will pay the fee in -lieu of constructing an on -site treatment facility. The applicant shall contact CWS for review and approval of a treatment system or fee in -lieu option. Grading and Erosion Control: CWS 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 issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination SystE (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. NOTICE OF DECISION MLP2003-00019/TRAIN PARTITION PAGE 14 OF 16 • *dress Assignments: le City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The fee shall be adjusted to the current rate, if different than that quoted below, at time of final plat approval. For this project, the addressing fee will be $100.00 (2 lots and /or tracts X $50 /address = $100.00). Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). 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. • By random traverse using conventional surveying methods. In addition, the applicant's as -built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS city of Tigard Forester has reviewed the proposal and indicates that while no mitigation will be auired, a tree protection plan must be submitted clarifying how the trees to remain will be preserved. RESPONSE: This will be required as a condition of approval. SECTION VII. AGENCY COMMENTS City of King City has reviewed the proposal and had no objections. Tualatin Valley Fire and Rescue has reviewed the proposal and provided the following comments: Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval being met prior to construction of any dwellings: 1) Fire hydrants for single family dwellings, duplexes and sub - divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 2) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 3) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 4 The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be - determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5) 5) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) NOTICE OF DECISION MLP2003 -00019/TRAIN PARTITION PAGE 15 OF 16 Tigard Water District has reviewed the proposal and provided the following comments related to wat- system issues: • The applicant can expect a maximum pressure at the meter location of 45 psi. • Due to the elevation difference between the private plumbing and the public water main, the applicant will need to install a double check valve assembly at the water meter since there will be a high likelihood of back pressure due to the elevation difference. • There may already be a water service stubbed to the lower property corner of the original lot. This would negate the need for two new services. • If any part of the existing water system must be relocated to support this development, the costs of such relocation will be charged to the applicant. 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 JUNE 16, 2004 AND BECOMES EFFECTIVE ON JULY 1, 2004 UNLESS AN APPEAL IS FILED. AAppeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who a otherwise adversely by affected or aggrieved b 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 ( ) appeal ten 10 business days of the date the Notice of Decision was mailed. The ap eal fee schedule Y 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 JUNE 30, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall B ulevard, Tigard, Oregon at (503) 639 -4171. 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