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MLP2002-00010 Decision - YOUNG PARTITION NOTICE OF TYPE II DECISION URBAN SERVICE AREA =���' �ji'! Cow ITY OF TIGARD . MINOR LAND PARTITION'(MLP) 2002 00010 YOUNG y PARTITION _ ,SFta Community .._ 120 DAYS = 3/6/2003 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: YOUNG PARTITION CASE NO: Minor Land Partition (MLP) MLP2002 -00010 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 31,363 square foot lot into three (3) parcels for detached single - family residences. An existing single - family dwelling is located on the subject parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements. APPLICANT: Pat Huske OWNER: Raymond and Connie Young PO Box 981 14600 SW Bull Mountain Road Sherwood, OR 97140 Tigard, OR 97224 - ONING ..,ESIGNATION: 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: 14600 SW Bull Mountain Road; WCTM 2S108AD, Tax Lot 300. PROPOSED PARCEL 1: 17,460 Square Feet. PROPOSED PARCEL 2: 6,277 Square Feet. PROPOSED PARCEL 3: 6,276 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 Ti6'artr 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 Vti < ,,:,. , NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 1 OF 16 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE" SATISFIED PRIOR TO APP TH FINAL PLAT: Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval: 1. The applicant shall provide a street tree plan for the SW Chardonnay frontage prior to final plat approval and shall install said street trees prior to final building inspection on each lot. Existing trees may be used for street trees, provided the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the new homes. 2. The applicant shall abandon the driveway access to SW Bull Mountain Road, and relocate the driveway approach to SW Chardonnay. Furthermore, the applicant shall cause a statement to be placed on the plat indicating the access restriction to SW Bull Mountain Road from Parcel #1. 3. The applicant shall provide joint access between Parcels 1 and 2 at the most southerly property line of Parcel 1. An easement may either be shown on the plat (preferred) or recorded separately. 4. The applicant shall complete one of the following three options prior to recording the partition plat: A. Remove the portion of the second level deck that encroaches into the required 15 foot setback; B. Locate the proposed lot line so that 15 feet is provided from the rear of the existing house (while maintaining the minimum 50 foot lot width); or C. Apply for and receive approval to adjust the rear lot line from 15 to 13 feet. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review an approval: 5. A Public Facility Improvement (PFI) permit is required for this project to cover the roadway excavation and patching of Chardonnay Avenue for the sewer line work, the closure of the existing driveway onto Bull Mountain Road, the new driveways onto Chardonnay Avenue and any other work in the public right -of -way. 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). 6. 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 accurate information to the Engineering Department will delay processing of project documents. 7. Prior to approval of the final plat, the applicant shall provide certification from a registered professional engineer as to the sight distance for each proposed driveway onto Chardonnay Avenue. 8. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $60.00. (STAFF CONTACT: Shirley Treat, Engineering). 9. The final plat shall show that ROW will be dedicated along Bull Mountain Road to provide 35 fe-' from centerline. A ROW dedication shall also be shown along Chardonnay Avenue to provide feet from the centerline. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 2 OF 16 10. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Chardonnay Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and /or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 11. The final plat shall contain a restriction that prevents direct access to Bull Mountain Road from Parcel 1. 12. The final plat shall show a joint ingress /egress easement over Parcels 1 and 2 for access to Chardonnay Avenue. 13. Prior to approval of the final plat, the applicant shall demonstrate that they have obtained the necessary permit from CWS for the extension of the public sewer line in Chardonnay Avenue. 14. The applicant shall either place the existing overhead utility line's along SW Chardonnay Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 6,490.00 and it shall be paid prior to approval of the final plat. 5. 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). 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 dedications for Bull Mountain Road and Chardonnay 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 two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE. SATISFIED PRIOR TOISSUANCE OF BUILDING PERMITS, ' Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval: 17. The applicant/owner shall remove the existing fence and any other visual obstacles as necessary along SW Chardonnay to preserve the vision clearance areas. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 3 OF 16 • 18. Submit a tree protection plan with the building permit application for Parcel #3, prepared by a certified arborist for the protection of the trees to remain on Parcel #3. The applicant/owner shall install the required tree protection measures prior to building permit issuance. 19. The applicant shall install street trees per the street tree plan required above prior to final building inspection on each lot. Existing trees may be used for street trees, provided the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the new homes. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 20. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 21. Prior to issuance of building permits on Parcels 2 and 3, the applicant shall complete any work in the public right -of -way (or public easement) and obtain approval from the Engineering Department. 22. Prior to issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN118);` MONTHS OF THE' EFFECTIVE DATEZOF THIS DECISION NOTED: UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION€ 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 31,363 square feet and slopes gently down towards the south. The site has approximately 128 feet of frontage on SW Bull Mountain Road and 236 feet of frontage on SW Chardonnay Avenue. The owner is proposing to partition two additional lots from the southern portion of the subject site as indicated on the proposed partition plat. Parcel #1 (17,460 square feet) includes an existing dwelling that is proposed to remain, in compliance with present setback requirements. Parcel #2 is 6,277 square feet and Parcel #3 is 6,276 square feet. 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 opportunity to comment. One phone call was received inquiring about the partition, but the caller had no specific concerns. No written comments were received. 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 MLP2002 -00010/YOUNG PARTITION PAGE 4 OF 16 The proposed partition complies or can be made to comply with all statutory and ordinance requirements and 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 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 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 is 125 feet in width, Parcels #2 and #3 are each 50 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 7;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 three (3) lots that are 17,460, 6,277, and 6,276 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 all three 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. The existing house on Parcel #1 is proposed to remain. This structure is situated 73.62 feet from the front property line, 14.4 feet from the east side property line, and 13 feet from the street side property line. The plans show that there is 19.95 feet to the proposed rear property line; however, this does not account for the second level deck. Any structure higher than 36 inches is subject to the setback requirements. Scaling from the plans it appears that there is 13 feet from the deck to the proposed property line. The applicant has three options to correct this shortcoming: remove the deck, move the partition boundary, or apply for an adjustment to reduce the rear yard setback. It should be noted that the proposed future parcel (not part of this application) will change which side is considered the front yard for the existing house, where the street side will become a front yard and the house will encroach into the front yard setback by 2 feet, and into the rear yard by 0.6 feet. This will need to be addressed in a subsequent application, should the house remain in its present configuration. FINDING: The setbacks of the R -7 zone are not met for the existing house. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 5 OF 16 CONDITION: The applicant shall complete one of the following three options prior to recording the partition plat: A. Remove the portion of the second level deck that encroaches into the required 15- foot setback; B. Locate the proposed lot line so that 15 feet is provided from the rear of the existing house (while maintaining the minimum 50 foot lot width); or C. Apply for and receive approval to adjust the rear lot line from 15 to 13 feet. 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 outdoor recreation areas for proposed development. No shared accessway is proposed as part of this partition, 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. The fire district (TVFR) 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 easemen' which will ensure access and maintenance rights shall be recorded with the approved partitio■ map. There are no existing or proposed shared driveways, therefore this standard is not applicable. p p Y Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 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 require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. The partitioned lots are not within nor adjacent to a one - hundred -year floodplain. Therefore, this standard does not apply. 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 does not apply. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: NOTICE OF DECISION MLP2002- 00010/YOUNG PARTITION PAGE 6 OF 16 TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES Parcel 1 ... "Parcel,2 Parcel 3 w, " Minimum Lot Size - Detached unit 5,000 sq. ft. 17,460 sq. ft. 6,277 sq. ft. 6,276 sq. ft. - Duplexes 10,000 sq. ft. - Attached unit 5,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 125 ft. 50 ft. 50 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% —40% Can be met Can be met Minimum Setbacks - Front yard 20 ft. 73 ft. Can be met Can be met - Side facing street on corner & through lots 15 ft. 13 ft. N/A N/A - Side yard 5 ft. 14 ft. Can be met Can be met - Rear yard 15 ft. 13 ft.* Can be met Can be met - Side or rear yard abutting more restrictive zoning district -- N/A N/A N/A - Distance between property line and front of garage 20 ft. Side Loaded 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 N/A Maximum Height 35 ft. 28 ft. Can be met Can be met Minimum Landscape Requirement 20% —60% Can be met Can be met * This will be corrected prior to final plat recording, as a condition of this approval. A minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes of 17,460, 6,277, and 6,276 square feet meet this standard. Parcel #1 contains a single - family dwelling that will be brought into compliance with the required R -7 setbacks. Parcels #1 and #2 are currently vacant. This partition action will create a non conforming situation with respect to the second level deck on ge south side of the existing house. Decks less than 36 inches in height are allowed to project into the required side yard as long as the yard area is not reduced below 3 feet. This will require the deck to be modified, the proposed lot line be repositioned, or an adjustment grated in order to comply with this standard. This will need to occur prior to approval of the final plat. 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. FINDING: Based on the analysis above, the Residential Zoning District Standards for Parcels #2 and #3 have been met. The existing deck structure on Parcel #1 will be made non - conforming as a result of the proposed partition and will not meet the Residential Zoning District Standards. This has been conditioned previously in this decision to ensure that the setback standards will 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. There are no reciprocal access agreements necessary for the proposed partition, as all lots have direct street frontage. This provision is, therefore, not applicable. 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. i access report has not been submitted, but Staff has visited the site and believes the sight distance along Chardonnay Avenue is adequate. The applicant will be required to provide a sight distance certification for each proposed driveway location prior to approval of the final plat. 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 NOTICE OF DECISION MLP2002- 00010/YOUNG PARTITION PAGE 7 OF 16 • 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. The proposed driveway for Parcel 1 does not meet this standard. The driveway location for Parcel 1 is shown to be only 18 feet from the intersection. Staff has talked to the applicant about this and discussed the solution of a joint driveway between Parcels 1 and 2, since the frontage of Parcel 1 is less than 150 feet. By straddling the lot line between Parcels 1 and 2, the setback from the intersection will be approximately 120 feet. Although this does not meet the 150 -foot standard, it will meet the intent of this provision because the applicant is providing a shared access with the adjoining parcel. This solution will require a remodel of the existing garage so that the opening can face the south. The applicant indicated they would remodel the garage in this manner. 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 being created on Bull Mountain Road, and there are no new local streets being proposed along Chardonnay Avenue. 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 use? 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 on 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. All proposed parcels will have access to SW Chardonnay 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. Each parcel will have a standard driveway, and none are 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 drives. 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 standar4_ 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 NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 8 OF 16 • • FINDING: The requirement for planting street trees is not met. CONDITION: The applicant shall provide a street tree plan for the SW 113 Street frontage in front of Parcel 1 prior to final plat approval and shall install said street trees prior to final building inspection on Parcel 2. Existing trees may be used for street trees, provided the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the temple. 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 no trees will require removal for the partition. Tree removal on Parcel 2 was reviewed during the conditional use application. FINDING: Based on the analysis above, the Tree Removal Standards have been met. Visual Clearance Areas ((18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property i 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 t e corner, 30 -feet along the right of way and along the driveway and connecting these two points with a straight line. she applicant's site plan does not show the vision clearance triangles for the proposed lots. However, the driveway for the institutional use was reviewed previously, and the driveway on Parcel 1 is existing. Staff visited the site and found no visual obstructions that require correction. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are presently met. 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. The applicant will not be required to physically improve V Bull Mountain Road due to the fact that the proposed access will all be from SW Chardonnay. .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. The applicant will be extending sanitary sewer and storm drainage connections to the three parcels to account for the additional impervious area being added to the site and to mitigate for the loss of the present septic drainfield. Sewer is already available and has sufficient NOTICE OF DECISION MLP2002- 00010/YOUNG PARTITION PAGE 9 OF 18 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 Chardonnay and SW Bull Mountain Road. 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. Since SW Bull Mountain Road is not improved with curbs and sidewalks along the frontage and will undergo a street improvement in the foreseeable future, and since the street improvement has not yet been designed, planting of street trees will be deferred until the street improvements occur. Street trees are required along SW Chardonnay. There are existing trees that may satisfy the street tree requirement, however, the applicant has proposed removing all of these trees. If the trees are to be retained, a protection plan will need to include methods to protect these trees during construction. FINDING: The requirement for planting street trees is not met. CONDITION: The applicant shall provide a street tree plan for the SW Chardonnay frontage prior to final plat approval and shall install said street trees prior to final building inspection on each lot. Existing trees may be used for street trees, provided the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the new homes. 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 4 trees greater than 12" diameter on the property. None o' these trees are proposed for removal. The City Forester, however, notes that a protection plan for the p it submit to remain will be required. Therefore, the applicant will be required to s b mit a protection p lan developed by a certified arborist for the three trees ( #10, #11, and #12) in the construction impact area on Parcel #3. In addition, no building permits for the proposed Parcel #3 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 with the building permit application for Parcel #3, prepared by a certified arborist for the protection of the trees to remain on Parcel #3. The applicant/owner shall install the required tree protection measures prior to building permit issuance. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property intersecting to ntersectiing 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) (3) 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 feet are removed. A visual clearance area is the triangular area formed by measuring from t e corner, 30 -feet along the right of way and along the driveway and connecting these two points with a straight line. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 10 OF 16 The applicant's site plan shows the vision clearance triangles for the proposed 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 the existing fence and any other visual obstacles as necessary along SW Chardonnay to preserve the vision clearance areas. 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 1proval authonty shall adopt findings which support the conclusion that the interest in real roperty to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. The applicant will not be required to physically improve SW Bull Mountain Road due to the fact that the proposed access will all be from SW Chardonnay. 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. The applicant will be extending sanitary sewer and storm drainage connections to the three parcels to account for the additional impervious area being added to the site and to mitigate for the loss of the present septic drainfield. 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 decision. 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 $2,260 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 $14,125 ($2,260 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 $9,605. The applicant will be required to dedicate additional right -of -way along SW Bull Mountain and SW Chardonnay (approximately 1,165 square feet) for future road improvements. The proximate value of unimproved residentially zoned property is $3.00 per square foot, for a total cost of ,495.00. Since the unmitigated impact remaining is $6,110 ($9,605 - $3,495) the required exaction is N� oportionate. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 11 OF 16 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: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.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. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a collector street to have a 35 -foot right -of -way width and 23 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. SW Bull Mountain Road This site lies adjacent to SW Bull Mountain Road, which is classified as a 3 -lane collector with bike lanes on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 35 feet from the centerline. This is shown on the applicant's preliminary plan. The applicant is proposing to close off the existing access onto Bull Mountain Road and create a new driveway onto Chardonnay Avenue. The impacts of this development do not warrant improvements tr be constructed on Bull Mountain Road, especially since the existing driveway will be removes. Therefore, there are no improvements required to this roadway as a part of this partition. SW Chardonnay Avenue This roadway is a local residential street and currently has a ROW width of 50 feet. A local residential street with parking on both sides (required for Chardonnay) must have a ROW width of 54 feet. The applicant's preliminary plan shows that they will dedicate additional ROW to provide a total of 27 feet from the centerline on the final plat. Chardonnay Avenue is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets adjacent shall be improved in accordance with City standards. However, 18.810.030(A)(5) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly improve the safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets. This partition will not create a new street. Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out by the City, a third party, or through a local improvement district. This agreement must be executed prior to approval of the final plat. The applicant has indicated that they wish to provide the future Improvement guarantee. 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 a' 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: NOTICE OF DECISION MLP2002- 00010/YOUNG PARTITION PAGE 12 OF 16 • • 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 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. 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. The two new parcels are both less than 1.5 times the minimum lot size. Parcel 1, with the existing house is larger, but the width is 125.54 feet and the depth is 252.54 feet, or roughly twice the width, in compliance with this standard. 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 corded access easement. In cases where the lot is for an attached single - family dwelling unit, te frontage shall be at least 15 feet. All three 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. By providing the future improvement guarantee for Chardonnay Avenue, this criterion will be met. 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. There is an 8 -inch public sewer line in Chardonnay Avenue, approximately 95 feet to the south that has adequate capacity to serve this development, according to Clean Water Services (CWS). The applicant will apply for a permit to CWS to extend the sewer line northerly to provide sewer laterals to the new parcels. The applicant will need to obtain a permit from CWS for the sewer line work, and a permit from the City to cover the road cut and patch. J Lorm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 13 OF 16 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 including any future revisions or amendments). There are no upstream drainageways that affect this site. The runoff from Bull Mountain Road is controlled by culverts and a roadside ditch. 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). Small developments such as residential land partitions are not required to provide detention. When homes are constructed on each new lot, the builders will be required to pay an SDC for storm water management. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • 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 uti 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 which under-grounding would result in the a deve o ment for c 9 P 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 Chardonnay Avenue. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 236 lineal feet; therefore the fee would be $6,490.00. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: There is a public water line located in Chardonnay Avenue that can serve this development. The applicant will need to apply for new water services at the time the new homes are constructed. NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 14 OF 16 • • Storm Water Quality: fhe 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. Small developments, such as residential land partitions, are not required to install an onsite water quality facility. The builders of the new homes will be required to pay a SDC for storm water treatment. Address Assignments: The 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 $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $60.00. 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 required, 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 Clean Water Services comments have been discussed above under Public Facility Concerns. Tualatin Valley Fire and Rescue has reviewed the proposal and found no conflict with their interests. 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 NOTICE OF DECISION MLP2002 -00010/YOUNG PARTITION PAGE 15 OF 16 Final Decision: THIS DECISION IS FINAL ON JANUARY 24, 2003 AND BECOMES EFFECTIVE ON FEBRUARY 8, 2003 UNLESS AN APPEAL IS FILED. • AAppeeal_: 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 FEBRUARY 7, 2003. 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. 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