MLP2003-00013 Decision - MEYERS FARM PARTITION 4
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,. t/ a NOTICE OF TYPE IInDECISION r
: - - URBAN:�SERVICE- AREA_.: . ..i,
CITY OF TIOARD
MINOR LAND:: PARTITION:(MLP) 2003 - 00013` cominunit
MEYERS FARM SUBDIVISION PARTITION i Sk a p rn g A BetterCommunity
120 DAYS = 11/22/2003
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: MEYERS FARM SUBDIVISION PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003 -00013
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
11,334 square foot lot into two (2) parcels for detached single - family residences.
An existing single - family dwelling exists on the subject parcel which will be
demolished.
APPLICANT: Claremont Property Development, LLC OWNER: Same
12755 SW 69 Avenue
Tigard, 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: 16113 SW Hazeltine Lane; WCTM 2S108BC, Tax Lot 3500.
PROPOSED PARCEL 1: 5,652 Square Feet
PROPOSED PARCEL 2: 5,682 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).
"ECTION II. DECISION
Notice is l ereby given that the. City. of Tigard Community, Development Director's designee has
APPROVED - the above request °subjectsto certain conditions. The findings and. conclusions onwhich the
decision is based are noted in Section V. -
NOTICE OF DECISION MLP2003- 00013 /MEYERS PARTITION PAGE 1 OF 13
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS: SHALL' BE SATISFIED
PRIOR TOAPPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and
approval:
1. A Public Facility Improvement (PFI) permit is required for this project to cover curb, sidewalk,
driveway aprons, street trees 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).
2. 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.
3. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $60.00.
(STAFF CONTACT: Shirley Treat, Engineering).
4. Prior to approval of the final plat the applicant's engineer shall provide a sight distance
certification for the two parcels.
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 monument
shall be on the same line and shall be of the same precision as required for the subdivision pia._
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.
6. 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. 426).
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. 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.
1. 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;BESATISFIED.
; PRIOR TO ISSUANCE 'OF: BUILDING' PERMITS
review and
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) e
Su t t ) for re
9 9 P (
approval:
7. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar copy of the recorded final plat.
NOTICE OF DECISION MLP2003- 00013 /MEYERS PARTITION PAGE 2 OF 13
j•.
8. Prior to issuance of the building permit for Parcel 2, the applicant shall pay the standard water
quantity fees per lot (fee amounts will be the latest approved by CWS).
THIS =APPROVAL IS";VALID;`IF. EXERCISED :WITHIN EIGHTEEN (18)'
MONTHS OF THE EFFECTIVE DATE OF.THIS 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. The property is a remnant parcel from the Meyers Farm
Subdivision (SUB1999- 00002), and was left intact to allow the owner to continue living in the existing
house. The subdivision originally anticipated these two lots, but due to the presence of the home, the
dividing line could not be recorded. No other land use approvals were found to be on file.
Site Information and Proposal Descriptions
The subject property is approximately 11,334 square feet and slopes gently down towards the south.
The site has frontage on SW Hazeltine, SW 161s and SW Kessler streets. The owner is proposing to
demolish the existing house and partition the one lot into two lots as indicated on the proposed partition
plat. Parcel #1 is proposed to be 5,652 square feet and parcel #2 is proposed to be 5,682 square feet.
The adjacent properties and surrounding area are characterized by single - family homes.
iECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. One letter and one e-mail were received. Janet Clausen commented that the
lots sit 4 -5 feet above the adjacent lots and that if new homes are built at that elevation they will tower
over the other homes and look out of place. Similarly, Dylan and Tiffany Anderson commented that they
are concerned by the heights of the lots and that homes built at that level will block views of the
neighboring homes.
RESPONSE: While there are no code related issues that would prevent the applicant/builder from
lowering the elevation of the lots, there is likewise no authority within the Development
Code to require the applicant/builder to lower the existing natural grade of the lots.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
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;
_italic 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
NOTICE OF DECISION MLP2003- 00013 /MEYERS PARTITION PAGE 3 OF 13
The public facilities and proposed improvements are discussed and conditioned as applicable 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. Both parcels are 71 feet in width,
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
accessway 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 5,652 and 5,682 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, ana
rear, 15 feet. The existing house will be demolished. Setbacks shall be applied as required for any
subsequent building permit.
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 easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
There are no existing or proposed shared driveways, therefore this standard is not applicable.
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.
NOTICE OF DECISION MLP2003-00013/MEYERS PARTITION PAGE 4 OF 13
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:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Minimum Lot Size
- Detached unit 5,000 sq. ft. 5,652 sq. ft. 5,682 sq. ft.
- Duplexes 10,000 sq. ft.
- Attached unit • 5,000 sq. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 71 ft. 71 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. Can be met Can be met
- 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
A minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes of 5,652 and
5,682 square feet meet this standard. The subject site contains a single - family dwelling that will be
demolished.
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.
Access shall be continually maintained.
action 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.
NOTICE OF DECISION MLP2003 -00013 /MEYERS PARTITION PAGE 5 OF 13
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The Meyers Farm Subdivision design took into account that this lot would be partitioned in the future.
The applicant's engineer shall provide sight distance certification for the access for the two created lots.
However, an access report has not been submitted. 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
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.
None of the fronting streets are a collector or arterial street, therefore this standard is not applicable.
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 a collector road, and there are no new local streets being
proposed. This condition has already been met with the subdivision approvals.
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, leaseP
or contracts to establish the joint use; and copies of the deeds, easements, leases or contract
are placed on permanent file with the City.
There are no joint accesses proposed.
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 either SW 161 SW Hazeltine, or SW Kessler, all public
streets. 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, aved 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.
NOTICE OF DECISION MLP2003 -00013/MEYERS PARTITION PAGE 6 OF 13
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 adjacent 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.
Staff does not foresee any need to restrict the location of access on the proposed parcels.
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
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, typically
expressed as the number of housing units per acre. The total square footage of the subject property
is 11,334 square feet. There are no sensitive land areas, private streets, or existing homes to be
retained within the subject proposal. 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. The minimum number of
lots required is one. The proposed partition creates 2 separate lots in conformance 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 161 SW Hazeltine, and SW Kessler Avenue. The access
drives serving the proposed lots will not exceed the 100 foot length. However, street trees are required
along the public streets but are already existing. This standard is met.
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.
.le applicant has indicated that there are no trees greater than 12" diameter on or along the perimeter
of the property and consequently no trees are proposed for removal.
FINDING: Based on the analysis above, the Tree Removal Standards have been met.
NOTICE OF DECISION MLP2003 -00013 /MEYERS PARTITION PAGE 7 OF 13
Visual Clearance Areas 118.795):
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 does not show the specific location of the vision clearance triangles; however,
compliance with this standard will be assured through the building permit application and inspection
process as two new homes will be built on the new lots.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are
presently met.
Impact Study (18.390)
Section 18.33 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 -wa
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
any of the fronting streets as they are currently developed with curbs, sidewalks, pavement and gutters.
The applicant will be connecting to existing sanitary sewer and storm drain taps to account for the
additional impervious area being added to the site and to mitigate for the increased sewer need from the
new house. 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 $2,530 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 $7,906 ($2,260 times one
new unit 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 $5,376. No off site improvements are being required for this proposal, therefore
proportionality analysis is required.
NOTICE OF DECISION MLP2003 -00013/MEYERS PARTITION PAGE 8 OF 13
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.
This site lies adjacent to SW Hazeltine Lane and SW 161 Avenue, which are classified as local streets
on the City of Tigard Transportation Plan Map. At present, there is approximately 42-46 feet of ROW,
according to the most recent tax assessor's map.
SW Hazeltine Lane and SW 161 Avenue are currently fully improved. In order to mitigate the impact
from this development, the applicant should construct new driveway aprons.
llock Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
.esigned 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 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.
.. ie two new parcels are both less than 1.5 times the minimum lot size in compliance with this standard.
NOTICE OF DECISION MLP2003- 00013/MEYERS PARTITION PAGE 9 OF 13
•
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.
New driveway aprons shall be constructed. Existing driveway aprons may need to be removed and
replaced with curb and sidewalk.
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.
Existing sewer laterals are provided to both parcels.
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
including any future revisions or amendments).
There are no upstream drainageways that affect this site. The runoff from the site will enter the public
drainage system and be treated by the water quality pond developed for the subdivision.
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 stormwater 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 tr
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, 1.
storm water runoff will be permitted to discharge without detention.
The applicant has indicated the Meyers Farm Subdivision constructed full storm water improvements,
taking into account that this lot would be partitioned in the future.
NOTICE OF DECISION MLP2003 -00013/MEYERS PARTITION PAGE 10 OF 13
A water quantity fee -in -lieu will be required for the creation of the additional parcel.
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
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
ire located across a public right -of -way from the applicant's property shall pay a fee in -lieu of
,nder- grounding.
There are no existing overhead utility lines along site frontage. Therefore no fee or physical
undergrounding is required.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right -of -way.
SW Hazeltine Lane and SW 161 Avenue are not designated bicycle facilities.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Public Water System:
I here is a public water line located in SW Hazeltine and SW Kessler that can serve this development.
The applicant has indicated the subdivision improvements included domestic water meters for both
parcels.
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
gall be submitted indicating the frequency and method to be used in keeping the facility
.aintained through the year.
The applicant has indicated that the subdivision improvements included water quality provisions for both
lots.
NOTICE OF DECISION MLP2003- 00013 /MEYERS PARTITION PAGE 11 OF 13
Address Assignments:
The City of 1 igard 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
I he applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)1 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 Tigard Department Ti and Water De artment has reviewed the proposal and has no objections to it.
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 offered the following comments:
1. 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
roadway 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)
2. The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons
per minute. Fire flow documentation shall be provided. 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- Ill -A-
1. (UFC Appendix III -A, Sec. 5)
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 MLP2003-00013/MEYERS PARTITION PAGE 12 OF 13
•
Final Decision:
THIS DECISION IS FINAL ON AUGUST 28, 2003 AND BECOMES
EFFECTIVE ON SEPTEMBER 13, 2003 UNLESS AN APPEAL IS FILED.
Appeal:
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 SEPTEMBER 12, 2003.
Questions:
'f you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
lall Boulevard, Tigard, Oregon at (503) 639 -4171.
August 28, 2003
P EPARE BY: Morgan Tracy DATE
Associate Planner
, /
.4(4 August 28, 2003
APPROVED BY: Richard Bewersdo j' DATE
Planning Manager
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NOTICE OF DECISION MLP2003 -00013/MEYERS PARTITION PAGE 13 OF 13
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