MLP2003-00003 Decision - SWARTWOOD PARTITION r
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SECTION I. APPLICATION SUMMARY
FILE NAME: SWARTWOOD PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003 -00003
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
48,436 square foot lot into two (2) 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: Jack Swartwood OWNER: Same
16260 SW 108 Avenue
Tigard, OR 97224
ZONING
)ESIGNATION: R -25: Medium High- Density Residential District. The R -25 zoning district is
designed to accommodate existing housing of all types and new attached
single - family and multi - family housing units at a minimum lot size of 1,480 square
feet. A limited amount of neighborhood commercial uses is permitted outright and a
wide range of civic and institutional uses are permitted conditionally.
LOCATION: 16260 SW 108 WCTM 2S115AA Tax Lot, 00400.
PROPOSED PARCEL 1: 42,304 Square Feet.
PROPOSED PARCEL 2: 6,132 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
-5
INotice is hereby . :given that the xCity`of Tigard: Community° °;Development` Director's designee `has
'APPROVED the =above req to certain conditions Th : findings and conclusions on w hich the
decisi is'based are noted In Section V. 4 . , > :` `
NOTICE OF DECISION MLP2003-00003 /SWARTWOOD PARTITION PAGE 1 OF 15
CONDITIONS OF APPROVAL
THE 'FOLLOWING CONDITIONS SHALL BE SATISFIED ry
Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval:
1. The applicant shall submit a revised site plan that shows:
A. abandoning the current driveway access to SW 108 Avenue (to be physically abandoned
at the time the proposed shared driveway is constructed).
B. a street tree plan for the access driveway prior to final plat approval and shall install said
street trees prior to final building inspection. Existing trees may be used for driveway 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.
C. a fire truck turnaround for the shared access drive that meets the minimum dimensional
requirements of the Uniform Fire Code
D. Either an easement for the current water and electric lines, or relocation of these lines to
an area outside the proposed new parcel. The applicant shall note that no structures may
be constructed within these easement areas.
2. The applicant shall record a copy of the proposed shadow lotting plan with the deeds of both
parcels, and cause a statement to be placed on the final plat that states "future development
(such as constructing structures across the recorded shadow future lot lines or into access areas)
shall not occur without first submitting to the City for approval and recordation, a revised shadow
plan that continues to meet zoning and development standards and continues to meet minimum
density requirements.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review an
approval:
3. A Public Facility Improvement (PFI) permit is required for this project to cover the new sewer taps
and any other work in the public nght -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 re uired by the Building Division and should only include sheets relevant to
Y 4 Y 9 Y
public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at. City Hall and the City's web
page (www.ci.tigard.or.us).
4. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee ", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
5. Prior to approval of the final plat, the applicant shall obtain a Site Permit from the Building
Department to cover all grading for the lots , all on - site private utility installation (water, sewer,
storm, etc.) and all driveway construction. N this permit is separate from a Public Facility
Improvement permit issued by the Engineering Department for work in the public right -of -way.
6. 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).
7. The applicant shall provide a sight distance certification for the proposed driveway location
prepared by a licensed civil engineer.
8. The applicant shall provide signage at the entrance of the shared flag lot driveway that lists tl
addresses that are served by the driveway.
NOTICE OF DECISION MLP2003 -00003 /SWARTWOOD PARTITION PAGE 2 OF 15
9. The final plat shall show a ROW dedication on 108 Avenue to provide a total of 29 feet from the
centerline.
10. The applicant shall execute a Restricti Covenant whereby they agree to complete or participate
in the future improvements of SW 108 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 show a joint ingress /egress easement for the two parcels to cover the common
driveway.
12. Prior to approval of the final plat, the agplicant shall pay $287.00 to the City for the striping of the
bike lane along the frontage of SW 108 Avenue.
13. The applicant shall either place the existing overhead utility lines along SW 108 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 $3,025.00 and it shall be paid prior
to approval of the final plat.
A. 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.
THE FOLLOWING�CONDITIONSSSHALLBE SATIS`FIEI`
n . PRIOR TO ISSUANCE OF BUILDING PEyRMITS' ; „ °, a k k
Submit to the Planning Department (Morgan Tracy, 639 - 4171, ext. 2428) for review and approval:
15. Submit a tree protection plan with the building permit application for Parcel #2 and access
driveway, prepared by a certified arborist for the protection of the trees to remain. The
applicant/owner shall install the required tree protection measures prior to building permit
issuance.
Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and
approval:
16. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
17. Prior to issuance of the building permit for the new parcels, 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 ISVALIo IF EXERCISED WITHIN EIGHTEEN 18
MONTHS OF THE' E FF EC`TIVE DATE OF THIS DECISION NOTED
THE PROCESS'AND,APPEAL SECTIONpF THIS DECISION
NOTICE OF DECISION MLP2003-00003/SWARTWOOD PARTITION PAGE 3 OF 15
SECTION III. BACKGROUND INFORMATION
Property History:
The subject parcel is located in the City of Tigard. The property is designated Medium High 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 48,436 square feet and slopes gently down towards the
southwest. The site has approximately 140 feet of frontage on SW 108 Avenue. The owner is
proposing to partition one lot from the parent parcel to construct a single family detached home. Parcel
#1 (42,304 square feet) includes an existing dwelling that is proposed to remain, in compliance with
li present setback requirements and Parcel #2 is proposed to be 6,132 square feet. To the north and east
es a multi family apartment project, and to the south and west are 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. No written or verbal 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;
The proposed partition complies or can be made to comply with all statutory and ordinance requirement
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 and the conditions imposed, 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.
There is no minimum lot width required for the R -25 zoning district. 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, to
accessway may not be included in the lot area.
NOTICE OF DECISION MLP2003- 00003 /SWARTWOOD PARTITION PAGE 4 OF 15
ti
The minimum lot area requirement in the R -25 zoning district is 3,050 square feet for detached
single - family units. The proposed partition creates two (2) lots that are 6,132 and 42,304 square feet
respectively. The flag lot accessway is contained within the larger lot, which has more than adequate
area to meet the minimum lot size. 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 Parcel #1 will maintain 140 feet of frontage. Parcel #2 will be
served by a 20 -foot wide access easement. This criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R -25 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet, rear,
15 feet. When the property abuts a more restrictive. zoning district, as this property abuts the R-4.5
zone, a 30 foot setback from that zone is required. The existing house on Parcel #1 is proposed to
remain. This structure is situated 57 feet from the proposed front property line, 15 feet from the north
side property line, 60 feet from the south side property line, and 60 feet from the rear property line. The
proposal is in compliance with the setback requirements of the R -25 zone. Parcel #2 will be created so
that its property line is 30 feet from the more restrictive zoning district, and therefore this setback
standard will not apply to the structure on Parcel #2.
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.
Oddly, both parcels will be flag lots, since the proposed new lot will sit roughly in the front half of the
parent parcel. The existing house will continue to meet the applicable zoning requirements, and the
'roposed home will be reviewed at time of building permit application.
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.
The shared accessway will site 10 feet from the south side property line, 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.
The applicant has proposed a relocated shared driveway. An easement to cover access and
maintenance responsibilities will be required. A condition is imposed later in this decision to address this
requirement, under 18.705 (Access, Egress and Circulation).
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.
'sere landfill and/or development is allowed within or adjacent to the one - hundred year
.odplain, 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.
NOTICE OF DECISION MLP2003 -00003 /SWARTWOOD PARTITION PAGE 5 OF 15
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
STANDARD. �fi "t'```a itA x - . :Rx2.55SF,DU Parcel 1.� f p Parcel . `
Minimum Lot S ize
- Detached unit 3,050 sq. ft. 42,304 sq. ft. 6,132 sq. ft.
- Duplexes 6,100 sq. ft.
- Attached unit 1,480 sq. ft.
Average Minimum Lot Width None N/A N/A
Maximum Lot Coverage 80% -20% Can be met
Minimum Setbacks
• - Front yard 20 ft. 57 ft. Can be met
- Side facing street on corner & through lots 15 ft. N/A N/A
- Side Y and 5 ft. 15/60 ft. Can be met
= Rear yard 15 ft. 60 ft. Can be met
- Side or rear yard abutting more restrictive zoning district 30 ft. 60 ft. N/A
- Distance between property line and front of garage 20 ft. 200 ft. Can be met
- Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. 15/60 ft. Can be met
Maximum Height 45 ft. 28 ft. Can be met
Minimum Landscape Requirement 20% -80% Can be met
A minimum lot size of 3,050 square feet is required for each lot. The proposed lot sizes of 42,306
and 6,132 square feet meet this standard. Parcel #1 contains a single - family dwelling that will be
comply with the required R -25 setbacks. Parcel #2 is currently vacant. Interestingly, the layout of the
proposed partition will make both lots flag lots for the purposes of imposing setback standards. The
frontage of the parent parcel will be reserved for future lot division.
Access, Egress and Circulation (18.705):
Continuing obli$ation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
As discussed later in this section, a reciprocal access agreement will be required between Parcels 1 and
2. The reciprocal easement will be required as a condition of approval. The standards of this chapter
will be a continuing obligation on the owners sharing this easement.
Section 18.705.030.H.1 states that an access report shalLbe submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
The applicant suggests that this proposal will not add a significant impact to the street system. This •
likely true, but the applicant will need to have a civil engineer certify that the proposed access onto 1G
Avenue is safe with regard to sight distance, as directed above. Prior to final plat approval, the
applicant's civil engineer shall submit such certification to the City.
NOTICE OF DECISION MLP2003-00003 /SWARTWOOD PARTITION PAGE 6 OF 15
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.
The proposed driveway is not within the influence area of a collector or arterial intersection.
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.
This criterion does not apply, as this driveway is not located on a collector or arterial.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
Joint access between Parcels 1 and 2 will be required to meet the access management requirements.
Therefore, satisfactory legal evidence will be required to establish the joint access. This shall be shown
n 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 108 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.
A shared driveway is proposed to serve Parcels #1 and 2. This driveway will exceed 150 feet in length.
Requirements for meeting the Uniform fire Code are discussed under "Agency Comments" later in this
decision.
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, the shared driveway will be longer than 150 feet in length. Therefore, an approved
fire truck turn around will be necessary.
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would cause or increase existing hazardous traffic conditions; or provide inadequate
cess for emergency vehicles; or cause hazardous conditions to exist which would
_.institute a clear and present danger to the public health, safety, and general welfare.
NOTICE OF DECISION MLP2003-00003 /SWARTWOOD PARTITION PAGE 7 OF 15
SW 108 Avenue is designated as a neighborhood route, and therefore driveway approaches should be
limited. The applicants plans are unclear as to whether the existing driveway will remain when the
proposed shared driveway is constructed. Nevertheless, staff finds that only one driveway access
should be permitted for these two parcels. Therefore, a condition will require that the existing driveway
approach be abandoned by the applicant when the proposed shared driveway is constructed.
FINDING: Two driveway approaches for the two parcels is undesireable due to the classification of
the street. Joint access will be required to meet the access management provisions.
Additionally, the applicant has not provided a sight distance certification. The length of the
driveway serving the home on parcel #1 exceeds 150 feet.
CONDITIONS:
• The applicant shall abandon the driveway access to SW 108 Avenue at the time
the proposed shared driveway is constructed.
• The applicant shall provide joint access between Parcels 1 and 2 at the southerly line of Parcel 1. An easement may either be shown on the plat (preferred) recorded separately.
• The applicant will be required to provide a sight distance certification prepared by a
licensed civil engineer.
• Provide a firetruck turnaround meeting the requirements of the Uniform Fire Code.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights -of -way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an
existing dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80% (0.8).
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre. The total square footage of the subject property
is 48,436 square feet. There are no sensitive land areas or private streets within the subject
proposal. However, to determine the net developable area, the square footage to accommodate the
existing house with adequate setbacks on Parcel #1 (11,475 sqi re feet) is subtracted from the
calculation. Additionally, the area being dedicated along SW 108 Avenue (1,394 square feet) is
subtracted as is the area for the access easement (2,800 square feet). This results in a net
developable area of 32,767 square feet. As the minimum lot size for the R-25 zone is 3,050 square
feet, the maximum number of additional residential units (single - family or duplex) is ten plus the
existing house. The minimum number of additional lots required is eight. The proposed partition
creates 2 separate lots. To address the minimum density requirement, the applicant has provided a
shadow plan that shows 7 single family lots and conversion of the existing dwelling into a duplex.
provide access to these additional units, additional area would be subtracted from the previous.,
stated net developable area, resulting in a maximum density of 9 additional units, with 7 additional
units being the minimum. The applicant's shadow plan, therefore is in conformance with the density
requirements.
NOTICE OF DECISION MLP2003 -00003/SWARTWOOD PARTITION PAGE 8 OF 15
FINDING: Based on the analysis above, the Density Computation Standards have been met.
However, to ensure the feasible implementation of the applicant's shadow plan, the
following condition is imposed.
CONDITION: To ensure the feasible implementation of the applicant's shadow plan, a copy of said plan
shall be recorded with the deeds of both parcels, and the applicant shall further
acknowledge in the deed and in writing to the City that future development (such as
constructing structures across shadow lot lines or into access areas) shall not occur
without first submitting for approval and recordation a revised shadow plan that continues
to meet zoning and development standards and continues to meet density requirements.
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 108 Avenue. The access drive serving the proposed lots
will exceed the 100 foot length. Street trees are required along the public streets and driveways longer
than 100 feet and shall be planted in accordance wit,I the standards for size and spacing in this title,
under Section 18.745.040.C. This section of SW 108 is not improved with curbs and sidewalks along
the frontage. A future street improvement will include street trees, and moreover, any future
improvement would likely necessitate the removal of any trees planted along this street frontage.
FINDING: The requirement for planting street trees is not met.
CONDITION: The applicant shall provide a street tree plan for the access driveway prior to final plat
approval and shall install said street trees prior to final building inspection. Existing trees
may be used for driveway 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 16 trees greater than 12" diameter on the property. Only one
of these trees, a 30" diameter cedar, is proposed for removal. The City Forester, however, notes that a
protection plan for the trees to remain will be required. Therefore, the applicant will be required to submit
a protection plan developed by a certified arborist for the trees in the construction impact area on Parcel
#2 and along the access driveway. In addition, building permits for the proposed Parcel #2 will not 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 #2 and access
driveway, prepared by a certified arborist for the protection of the trees to remain. The
applicant/owner shall install the required tree protection measures prior to building permit
issuance.
Visual Clearance Areas (18.795):
This Chapter requires t at a clear vision area shall be maintained on the corners of all property
intersecting to ntersecting 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
'Istructions that may be located in this area shall be visually clear between three (3 and eight
feet in height. Trees may Trees placed within this area provided that all branches below eight 8)
reet 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 fwo points
with a straight line.
NOTICE OF DECISION MLP2003 -00003 /SWARTWOOD PARTITION PAGE 9 OF 15
The applicant's site plan shows the vision clearance triangles for the proposed lots. A vision clearance
area has been shown for the relocated driveway. Staff has not identified any other visual clearance
obstacles.
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 has acknowledged that right of way
dedication may be required to mitigate for the potential transportation system impacts. In addition to the
10 feet of right of way being dedicated, the applicant will be required to submit a restrictive coXenant fo
future participation in a Local Improvement District (LID) for street improvements on SW 108 Avenue
The applicant will be extending sanitary sewer and storm drainage connections to the parcels to account
for the additional impervious area being added to the site and to serve the new house with sewer.
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 $7,062.50 ($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 $4,802.50. The applicant will be required to dedicate additional right -of -way along SW 108
Avenue (approximately 1,395 square feet) for future road improvements. The approximate value of
unimproved residentially zoned property is $3.00 per square foot, for a total cost of $4,185.0%
Additionally, the applicant will be required to contribute funds ($287) towards striping a bike lane on 108
Avenue as it is classified as a bike route. Since the unmitigated impact remaining is $330.50
($4,802.50 - $4,185 -$287) the required exaction is proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and priva, _.
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
NOTICE OF DECISION MLP2003-00003/SWARTWOOD PARTITION PAGE 10 OF 15
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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 108 Avenue, which is classified as a neighborhood route with bike lanes
on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW east
of the centerline, according to the most recent tax assessor's map. The applicant's plans show they will
dedicate additional ROW to provide 29 feet from the centerline.
SW 108 Avenue is currently 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 Cit 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
, ith the City whereby the owner agrees to participate in any future widening project for the street carried
,ut by the City, a third party, or through a local improvement district. This agreement must be executed
prior to approval of the final plat.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right -of -way line except:
• Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre- existing development or;
• For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
• For non - residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition, therefore this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public 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.
_.,ts - 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.
NOTICE OF DECISION MLP2003 -00003/SWARTWOOD PARTITION PAGE 11 OF 15
•
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
recorded access easement. In cases where the lot is for an attached single - family dwelling unit,
the 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 SW 108 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 development projected p j by ration of additional develo ment within the area as roected b the Comprehensive
Plan.
There is an 8 -inch public sewer line in 108 Avenue that has ample capacity for this development. The
applicant will need to obtain a Public Facility Improvement (PFI) permit to extend sewer laterals to each
parcel.
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.
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 b y 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).
Smaller projects such as residential land partitions, are not required to provide onsite detention facilitir
The applicant will be permitted to pay the fee in -lieu of detention with each new building permit.
NOTICE OF DECISION MLP2003-00003 /SWARTWOOD PARTITION PAGE 12 OF 15
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 108' Avenue is classified as a bicycle facility. The roadway is not currently striped because it is not
fully improved.
Cost of Construction: Section 18.810.110.B states that development permits issued for planned
unit developments, conditional use permits, subdivisions, and other developments which will
principally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway improvements.
The applicant should contribute funds to the City to cover the future striping of the lane adjacent to this
site.
The amount of the striping would be as follows:
• 110 feet of 8 -inch white stripe, at $2.50 /if $275.00
• 3 Mono - directional reflective markers @ $4.00/ea u2go
$287.00
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the
roadway is five feet per bicycle travel lane. Minimum width for two -way bikeways separated from
the road is eight feet.
The future bike lane will be between five and six feet wide.
' ltilities:
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 operaing 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 development for which under - grounding would result in the
placement of additional poles, rather than the removal of above - ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of
under - grounding.
'ere are existing overhead utility lines along the frontage of SW 108 Avenue. If the fee in -lieu is
. oposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 110 lineal feet; therefore the fee would be $3,025.00.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
NOTICE OF DECISION MLP2003- 00003/SWARTWOOD PARTITION PAGE 13 OF 15
i
Public Water System:
This site is served by the City's public water system. There is a public main line in 108 Avenue that can
serve the development. With each new building permit, the applicant will need to apply for a new service
and meter from the City. The private water services that lead from the meters to the homes must be
covered under a plumbing permit from the Building Division.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by
Water ater Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of
the storm water from Parcel 2. Rather, the CWS standards provide that applicants should a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this
application.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on -site private
utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained
prior to approval of the final plat.
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 ID-
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.
The developer will also be required to provide signage at the entrance of the shared flag lot driveway
that lists the addresses that are served by the driveway. This will assist emergency services personnel
to more easily find a particular home.
Survey Requirements
The applicant's final 91 plat shall contain State Plane Coordinates [NAD 83 on two monuments with a
p � (
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
required, a tree protection plan must be submitted clarifying how the trees . to remain within the
construction impact area (Parcel #2) and access driveway will be preserved.
RESPONSE: This will be required as a condition of approval.
NOTICE OF DECISION MLP2003-00003/SWARTWOOD PARTITION PAGE 14 OF 15
r
City of Tigard Water Department has reviewed the proposal and has no objections to it.
City of Tigard Operations Department has reviewed the proposal and has no objections to it.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and notes that public sewer must be extended to the
new lot, and recommends that the existing lot be connected to sewer as well.
Washington County has reviewed the proposal and found no conflict with their interests.
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 govemment agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 30, 2003 AND BECOMES
EFFECTIVE ON JUNE 14, 2003 UNLESS AN APPEAL IS FILED.
AAp e�al:
T he Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
,therwise 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 JUNE 13, 2003. I
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.
i
• May 30, 2003
PR PAR 1 BY Morgan racy DATE
• .ociate Planner
di r p
• 1 .a May 30, 2003
'PROVED BY: Richard Bewers,4' DATE
_ Planning Manager
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NOTICE OF DECISION MLP2003 -00003 /SWARTWOOD PARTITION PAGE 15 OF 15
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