MLP2007-00008 Decision - HANSEN PARTITION NOTICF, OF TYPE II DECISION
MI
MINOR LAND PARTITION (MLP) 2007 -00008 ` ='
HANSEN PARTITION
120 DAYS = 8/22/200
SECTION I. APPLICATION SUMMARY
FILE NAME: HANSEN PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2007 -00008
Adjustment (VAR) VAR2007 -00012
PROPOSAL: The applicants are requesting approval to partition a 22,498 - square foot lot into two lots of
11,014 square feet and 11,484 square feet. The existing single- family home will remain on the
proposed 11,014 - square foot comer lot and an additional single - family home will be built in
the future. While the applicants do not have immediate plans to build an additional house,
they would like to create a new lot of record. Both lots will share a common driveway on SW
Walnut Street and the existing driveway on the future SW 129th Avenue will be closed off as
required by the City. The applicant is requesting approval for an adjustment to the access
spacing standard for the proposed shared access on SW Walnut Street. The adjustment would
reduce the standard from 200 feet (for driveways and streets on a collector) to 130 feet.
APPLICANT/ Eric and Leslie Hansen APPLICANT'S Jeff Caines
OWNER 21565 SW Roellich Avenue REP: SR Design, LLC
Sherwood, OR 97410 8196 SW Hall Blvd.
Beaverton, OR 97008
ZONING
DESIGNATION: R-4.5: Low - Density Residential District. The R-4.5 zoning district is designed to accommodate
c'- tached sing''..F. fa. ni?.3 '__:::.nes -, vr�h or without accessory i. sidentiai units at a nini.:.o im l._ } :.ize
of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 12915 SW Walnut Street; Washington County Tax Map 2S 104AD, Tax Lot 2700.
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795, and 18.810.
SECTION II. DECISION
1 - Mice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
,ove Minor Land Partition and Variance requests subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section V.
NOTICE OF DEQSION MLP2007- 00008 /HANSENPARTITION PAGE 1 OF 18
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary
Pagenstecher 503- 639 -4171, EXT 2434. The cover letter shall clearly identify where in the submittal the
required information is found:
1. Prior to final plat, the applicant must record a reciprocal easement for the common drive ensuring access and
maintenance nghts and provide a copy to the City.
2. Prior to final plat the applicant shall submit a preliminary plat that shows the visual clearance areas accurately,
in accordance with Tigard Community Development Code (TCDC) Section 18.795.040.
3. Prior to final plat approval, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the
equivalent value of mitigation required (24.5 caliper inches times $125 per caliper inch = $ 3,062). Any trees
successfully planted on or off .site, in accordance with an approved Tree Mitigation plan and '1DC
18.790.060.D, will be credited against the assurance for two years following final plat approval. After such time,
the applicant shall pay the remaining value of the assurance as a fee in -lieu of planting.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the ENGINEERING DEPARTMENT, ATTN:M
MCMILLAN 503 - 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
4. A Public Facility Improvement (PFI) permit is required for this project to cover connections to the public
utilities 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. N '1E: 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 Desigi_
Standards, which are available at City Hall and the City's web page (www.tigard - or.gov).
5. 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.
6. ` `The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construction phase.
7. The CityEngineer may determine the necessity for, and require submittal and approval of, a construction access
and parking plan for the home building phase. If the CityEngineer deems such a plan necessary, the applicant
shall provide the plan prior to issuance of building permits.
8. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineering).
9. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit, indicating that they will construct the following frontage improvements along SW Walnut
Street as a part of this project:
A. driveway apron; and
B. street trees in the planter strip spaced per'1IC requirements.
10. Lots 1 & 2 shall not be permitted to access directly onto 129 th Avenue.
NOTICE OF DECISION MLP2007- 00008 /HANSEN PARTITION PAGE 2 OF 18
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11. The applicant's construction plans shall show the removal of 16 lineal feet of the concrete driveway and 15.5
lineal }eet of the gravel driveway off of 129 Avenue, as shown on Sheet C2 of the land use application, to
ensure the removal of access onto 129 from Parcels 1 & 2.
12. The applicant's plans shall show an on -site turn- around for Parcels 1 & 2 that will eliminate the need for a
vehicle to back out onto Walnut Street.
13. The applicant shall provide a non - access strip on the final plat for the entire length of the Walnut Street
frontage, except at the approved shared driveway location.
14. The applicant shall provide a non - access strip on the final plat for the entire length of the 129 Avenue
frontage.
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
public improvements of SW 129 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.
16. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common
dnveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The
agreement shall be approved by the Engineering Department prior to recording.
17. The applicant shall rovide a sanitary sewer lateral to parcel 2 from the sewer main in 129 Avenue if gravity
flow is possible. If the lateral must connect to the main in Walnut Street the applicant's plans shall include
pavement restoration per the City Engineer's direction.
18. The applicant shall revise the utility plan to provide weep hole outlets through the curb for the storm laterals. If
this cannot be done, then the applicant's plan shall include pavement restoration per the City Engineer's
direction.
19. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings.
The plan shall- conform to the Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edition."
20. Provide a fire hydrant, if required by TVFR
21. 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) as recorded in Washington County survey records.
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.
22. 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 m the amount of the current final plat review fee (Contact Planning /Engineering Permit
Technicians, at (503) 639 -4171, ext. 2421).
NOTICE OF DEQSION MLP2007- 00008 /I-IANSEN PARTITION PAGE 3 OF 18
G 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 bythe City of Tigard.
D. The right -of -way dedication for Walnut Street providing 35 feet from centerline and 129 Avenue
Droviding 2 feet from edge of existing easement /propertyline shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from
the Engineering Department indicating that the City has reviewed the final plat and submitted
comments to the applicant's surveyor.
F. After the City and Cunt have re /lev the final plat, submit two mylar copies of the final plat for
City Engineer signature (for partitions), or City Engineer and Community Development Director
signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant shall repare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary
Pagenstecher 503 - 639 -4171, EXIT 2434. The cover letter shall clearly identify where in the submittal the
required information is found:
23. Prior to issuance of building permits, the applicant shall:
A. Submit site plan drawings showing the accurate location of the trees that were preserved, the location of
tree protection fencing, and the location of mitigation trees, if any. Attach copies of the approved Tree
Protection and Mitigation Plans.
B. Submit a statement and signature of approval from a certified arborist regarding the siting and
construction techniques to be employed in building the house with respect to any protected trees on
site.
C. Install required tree protection fencing as specified bythe project arborist and call for an inspection by
the City Arborist.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plan
that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: M
MCMILLAN 503 - 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
24. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
25. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public
improvements as follows: 1) 3 mil mylar, 2) a diskette, of the as- builts in ' DWG" format, if available; otherwise
" I�XF" will be acceptable, ar.G 3) the as :LI;: ; ..1 avvings shall be Licd to the City's GPS network. ire applicant's
engineer shall provide the City with an eleetr&iic 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).
26. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $35.00 per lineal foot. If the fee option is chosen, the
amount will be $5,740.00 and it shall be paid prior to issuance of building permits.
27. During issuance of the building permit for Parcels 1 & 2, the applicant shall pay the standard water quality and
water quantity fees per lot (fee amounts wi;± be the latest apprcyed by CWS).
28. The applicant shall obtain a water meter service from the City of Tigard Water Department. It is recommended
that the service be taken from the water main in 129 Avenue. If this cannot be done the applicant's plans shall
be revise to provide for pavement restoration in Walnut Street per the City Engineer's direction.
NOTICE OF DEQSION MLP2007- 00008 /HANSEN PARTITION PAGE 4 OF 18
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THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary
Pagenstecher 503 - 639 -4171, EXT 2434. The cover letter shall clearly identify where in the submittal the
required information is found: .
29. Prior to final inspection, the applicant shall plant street trees pursuant to '1'DC Section 18.745.040.C.
30. Prior to final inspection, the applicant shall record a deed restriction to the effect that any existing tree greater
than 12 inches diameter may be removed only if the tree dies or is hazardous according to a certified arborist.
The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this
decision should either die or be removed as a hazardous tree.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Property History:
The subject _�pproperty was developed in 1951 with a single - family dwelling, which is proposed to be retained on Lot 1.
The SW Walnut Street Improvement project improved the Walnut Street frontage of the property with a sidewalk
Site Information and Proposal Descriptions
lie subject .54 -acre (23,522 square feet) site slopes gently from a 97 -foot elevation on the west to an 88 -foot elevation
on the east. The site is bordered by SW Walnut on the south, the SW 129 alignment (unimproved future right-of-
way) on the west and single- family dwellings on the north and east. Vegetation on the site incl lawn, shrubs, and
approximately 22 trees, 11 of which are greater than 12 inches in diameter.
The applicants are requesting approval to partition the subject lot into two lots of 11,014 square feet and 11,484 square
feet. e existing single -fa home will remain on the proposed 11,014 - square foot corner lot and an additional
single - family home will be built in the future. Both lots will share a common driveway on SW Walnut Street and the
existing driveway on the future SW 129th Avenue will be closed off as required by the City. The applicant is
requesting approval for an adjustment to the access spacing standard for the proposed shared access on SW Walnut
Street. The adjustment would reduce the stand.-rd from 200 feet (for driveways and streets on a collector) to 13(' feet.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to
comment. The City did not receive any written comments.
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Variances and Adjustmants (18.370):
The purpose of this section is to provide standards for the granting of variances from the applicable zoning
requirements of this title where it can be shown that, owing to special and unusual circumstances related to a
specific property the literal interpretation of the provisions of the applicable zone would cause an undue or
unnecessary har except that no use variances shall be granted.
ie applicant has requested a special adjustment for the 200 foot access spacing standard for the proposed joint
access for Lots 1 and 2 on SW Walnut Street (18.705.030.H.3).
NOTICE OF DECISION MLP2007- 00008 /I-IANSENPARTMON PAGE 5 OF 18
Adjustment to access and egress standards (Chapter 18.705).
a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code
standards within a particular parcel, access with an adjoining property shall be considered. If access in
conjunction with another arcel cannot reasonably be achieved, the Director may rant an adjustment to the
access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using
approval criteria contained in Subsection 2b below.
The applicant has requested a variance to the 200 -foot access spacing standard for driveways and streets along a
collector (18.705.030.H.3 ) for the proposed access on SW Walnut Street. Five driveways and SW 128th Avenue are
located within 200 feet of the proposed joint driveway access for Parcels # 1 and # 2. Therefore, the access cannot be
designed to conform to the 200 -foot spacing standard. However, as proposed, the joint access is consistent with this
standard.
b. The Director may approve, approve with conditions, or deny a request for an adjustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
(1) It is not possible to share access;
Joint access is proposed.
(2) There are no other alternative access points on the street in question or from another street;
The proposed driveway location is necessary because the current access to the existing dwelling from 129 is precluded
by code restrictions on the number of parcels (6) that can be served by a private street (private street owned by Hao
Pharr, 2S104AD02800 & 4600). There are currently 8 dwellings that are accessed off the future SW 129 Avenue
alignment. Therefore, other than SW Walnut Street, no other alternative access points are available for the subject
parcel.
(3) The access separation requirements cannot be met;
The forgoing analysis demonstrates that the existing driveways and streets do not meet the standard. Therefore, the
access separation requirements cannot be met with the proposed development.
(4) The request is the minimum adjustment required to provide adequate access;
The proposed location of the driveway is roughly mid -way between SW 128 and 129 Avenues, consistent with this
standard:
(5) The approved access or access approved with conditions will result in a safe access; and
An Intersection Sight Distance Certification prepay-,d. by Stew; Roper, P.E., dated March 8, 2007, submitted for review
with this application, concludes that the proposes ariveway location conforms to the requirements for sight distance as
set forth in the Tigard Development Code. Therefore, the driveway location will result in a safe access, consistent with
this standard.
(6) The visual clearance requirements of Chapter 18.795 will be met.
The applicant shows the visual clearance areas on the site plan, consistent with this standard.
FINDING: The criteria for granting the requested adjustment to the street spacing standard have been met.
Therefore, the adjustment can be granted.
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. Provided all necessary conditions are satisfied as part of the development and
building process, this criterion is met.
There are adequate public facilities available to serve the proposal;
NOTICE OF DECISION MLP2007- 00008 /HANSEN PARTITION PAGE 6 OF 18
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement
Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the
proposal. Therefore, this cntenon 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 ermt process and
during construction, at which time the appropriate review authority will ensure that City and p applicable agency
standards are met. Based on the analysis in this decision, Staff finds that this cntenon 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 average minimum lot width required for the R-4.5 zoning district is 50 feet. The average width for Parcel # 1 is 85
feet; parcel # 2 is 87 feet wide. Therefore, this cntenon 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-4.5 zonin district is 7,500 square feet for detached
single - family units. The proposed partition creates two (2) lots zoning are 11,014 and 11,484 square feet respectively.
Therefore, this criterion has been met.
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 the ro osed parcels meet this standard as Parcel # 1 is a comer lot with 85
°et of frontage on SW Walnut Street and Parcel # 2 is an interior lot with 87 feet of frontage on SW Walnut Street.
Setbacks shall be as required by the applicable zoning district.
The setbacks for the R-4.5 zoning district are as follows: front = 20 feet; side = 5 feet; side on a corner = 15 feet; and
rear =15 feet. The existing house on Parcel # 1 is proposed to remain. According to the applicant's Improvement Plan
(Sheet C3) the setbacks for the existing house on Lot # 1 and the proposed building envelope on Lot # 2 meet these
criteria. As indicated in Table 18.510 below, setback standards for proposed Lot # 2 will be reviewed at the time of
building permit submittal and the proposed building envelope shows these standards can be met, consistent with this
standard. .
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.
Proposed Parcel # 2 is not a flag lot. Therefore, this standard does not apply.
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 proposed joint access includes an access easement over Parcel # 2 for the benefit of Parcel # 1. This 20 -foot by 40-
foot easement is located adjacent to SW Walnut Street and only 20 feet along the property line. Therefore, screening
would not be appropriate in this case.
The fire district may require the installation of a fire hydrant where the length of an accessway would have a
'ximental effect on fire - fighting capabilities.
Two fire hydrants already exists within 200 feet of the subject parcel on SW Walnut Street. Tualatin Valley Fire and
Rescue has reviewed the proposal and endorses it without comment or condition.
NOTICE OF DEQSION ML.P2007- 00008 /HANSENPARTTTTON PAGE 7 OF 18
Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure
access and maintenance rights shall be recorded with the approved partition map.
A common driveway is proposed to serve both parcels # 1 and # 2. Therefore, the applicant must record a reciprocal
easement for the common drive ensuring access and maintenance rights and provide a copy to the City.
Any access moray shall comply with the standads Set forth in Chapter 18.705, Access,. Egress and Circulation.
f
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and /or development is allowed within or adjacent to the one - hundred year floodplain, the city
shall 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 subject lot is located approximately 3,000 feet southeast of the one - hundred -year floodplain located in the vicinity
of SW 121st Avenue and Katherine Street. The flood elevation closest to the parcel is 166 -feet; the parcel elevation is
260 feet. 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 rocessed concurrently.
P . Y
The application does not include any variances requested from the standards in the land partition chapter. Therefore,
this standard does not apply.
FINDINGS: The proposed minor land partition meets, or can meet all of the relevant standards of the land
partition section as indicated in the above findings and following sections of this decision
provided the following condition of approval is met
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CONDITION: Prior to final plat, the applicant must record a reciprocal easement for the common drive ensuring
access and maintenance nghts and provide a copy to the City.
Residential Zoning Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
. TABLE 18.510.2 - DF.VELOPMF NT STANDA'RDS IN RESIDENTIAL ZONES
STANDARD - - R -4.5 Parcel 1 ' Parcel 2
Minimum Lot Size
- Detached unit 7,500 sq. ft. 11,014 sq. ft. 11,484 sq. ft.
- Duplexes 10,000 sq. ft.
- Attached unit
Average Minimum Lot Width
- Detached unit lots 50 ft. 85 ft. 87 ft.
- Duplex lots 90 ft.
- Attached unit lots
Maximum Lot Coverage - NA NA
Minimum Setbacks
Front yard 20 ft. ' 28 ft. - 20
- Side facing street on corner & through lots 15 ft. 24 ft. NA
- Side yard 5 ft. 18 ft. 20/28
- Rear yard 15 ft. 22 ft. 50
- Side or rear yard abutting more restrictive zoning district -- NA NA
- Distance between property line and front of garage 20 ft. 24 ft. >20 ft.
- Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. NA 10
Maximum Height 35 ft. existing <or = 30 ft. I
Minimum Landscape Requirement - NA NA
NOTICE OF DEQSION MLP2007- 00008 /HANSEN PARTITION PAGE 8 OF 18
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FINDING: No specific development is proposed for Parcel # 2. However, a 40 foot x 40 foot building envelope
on Sheet C3 demonstrates that the applicable setbacks can be met. As demonstrated in the above
table, the development standards of the R zone can be met.
Access, Egress and Circulation (18.705):
Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in
this title are continuing requirements for the use of any structure or parcel of real property in the. City.:.
The provisions and maintenance of access and egress stipulated in this title are continuing requirements of the owners
of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals
which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT, Washington County, the City and AASHTO.
An Intersection Sight Distance Certification prepared by Steve Roper, P.E., dated March 8, 2007, submitted for review
with this application, concludes that the proposed driveway location conforms to the requirements for sight distance as
set forth in the Tigard Development Code.
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 be 150 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 GityEngineer 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.
le existing driveway apron is approximately 110 feet from the intersection of 128th Avenue and Walnut Street which
does not meet this cntenon. The project has more than 150 feet of street frontage, but is still proposing a shared access
for the two created parcels. Moving the shared access further to the east in order to meet the 150 feet minim would
create a driveway across the entire frontage of Parcel 2 in order to serve Parcel 1. This would have the look of a small
frontage road parallel to Walnut Street and would not greatly improve the safety or workings within the influence area
of the collector intersection. The applicant's request to leave the existing driveway apron and use it as shared access for
Parcels 1 & 2 is approved.
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 ar•d streets a an arterial shall be. 600 feet. The minimum
- spacing of local streets along a local street shall be 125 Let.
The existing driveway apron the applicant has proposed as a shared driveway does not meet the minimum 200 feet
spacing standard. There are several driveways and streets on both sides of Walnut within 200 feet of the proposed
access. The applicant has requested an adjustment to this section of the code per 18.370. The applicant shall record
on the plat a non - access step along the entire length of the Walnut Street frontage, except at the approved shared
driveway location.
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, easemen s, l.,ases or contracts to establish the joint use; and copies of the deeds,
easements, leases or contracts are placed on permanent file with the City.
A common driveway is proposed to serve both parcels # 1 and # 2. The applicant has been required through a condition
of approval earlier i n this decision to record a reciprocal easement for the common drive ensuring access and
maintenance rights and provide a copy to the City, consistent with this standard.
ublic street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall
connect directly with a public or private street approved by the City for public use and shall be maintained at
the required standards on a continuous basis.
NOTICE OF DEQSION MLP2007- 00008 /HANSEN PARTITION PAGE 9 OF 18
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The proposed driveway will connect directly with SW Walnut Street, consistent with this standard.
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.
The proposed parcels will have a common access to SW Walnut Street. Comments received from Tualatin Valley Fire
and Rescue state that there are no conflicts with the proposed access. Therefore, this standard is met.
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 %.
No access drives in excess of 150 feet are proposed. Therefore, this standard does not apply.
To provide for increased traffic movement on congested streets and to eliminate turning movement
problems, the Director may restrict the location of driveways on streets and require the location of
driveways be placed on adjacent streets, upon the finding that the proposed access would cause or
increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles• or
cause hazardous conditions to exist which would constitute a clear and present danger to the public
health, safety, and general welfare.
Tualatin Valley Fire & Rescue commented that they had no issues with the proposed driveway access. In addition, sight
distance and visual clearance areas will be required at the proposed access location. Existing access from the adjacent
future 129 Avenue will be closed with this application. Therefore, this standard has been met.
FINDING: The standards of the Access Management chapter (18.705) have not been met, but can be met
with the following condition of approval.
CONDITION: Prior to final plat, the applicant shall record on the plat a non - access strip along the entire
length of the Walnut Street frontage, except at the approved shared driveway location.
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 acme shall be calculated by multiplying the maximum number of
units determined in Subsection B above by 80% (0.8).
The subject .54 - acre parcel totals 23,654 square feet. There are no sensitive land areas or private streets within the
subject proposal. To determine the net developable area, the square footage to accommodate the existing house on
Parcel if 1 (11,014 square feet) and the SW Walnut Street and SW 129th Avenue rights -of -way dedications (1,156
square feet) are deducted (23,654 gross square feet - 12,170 square feet deductions = 10,650 net developable squa
feet). As the minimum lot size for the R.-4.5 zone is 7,500 square feet, the maximum number of additional lots ,.,
one. The minimum number of additional lots is one. The proposed partition creates two (2) separate lots in
conformance with the density requirements.
NOTICE OF DEQSION MLP2007- 00008 /HANSENPARTITION PAGE 10 OF 18
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.
The subject site includes frontage on SW Walnut Street and SW 129t Avenue. The required trees shall be planted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C.
Buffering and Screening Requirements: Section 18.745.050.5
The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject
parcel. Therefore, no buffering or screening is required for the proposed land partition.
FINDING: All of the landscape standards have not been met. However, with a condition of approval
requiring planting of street trees along SW Walnut Street, the criteria can be met.
CONDITION: Prior to final inspection, the applicant shall plant street trees pursuant to Ti)C Section
18.745.040.C.
Off -Street Parking and Loading Requirements (18.765):
Section 18.765.020.A states that at the time of the erection of a new structure within any zoning district, off -
street vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum
parking requirements.
or single - family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this
requirement. In addition, compliance willloe regulated at the time of building permits. Therefore, this criterion is met.
FINDING: Based on the findings above, parking and loading requirements have been 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 a plication for a subdivision
partition, site development review, planned development or conditional use is fi Protection is preferred
over removal wherever possible.
•
The applicant has submitted tree removal and tree protection lans (Sheets 2 and 3) and an arborist report dated March
16, 2007, prepared by a certified arborist, Terrance Flanagan. Te applicant's Existing Conditions plan identifies a total
of 22 trees greater than 6 inches DBH on the subject site. Of this total, 11 are greater than 12 inches in diameter, 8 of
which will be retained (72%). A retention rate of 50% to 75% requires mitigation of 50% of the diameter inches
proposed for removal (47 inches x .5 = 24.5 inches). Trees numbered 2 thru 8, 10, and 18 will be retained as shown on
the tree protection plan.
FINDING: Based on the analysis above, the Tree Removal Standards have been met. To ensure trees are protected
throughout building construction, the following conditions of approval shall be required:
CONDITIONS:
Prior to final plat approval, the applicant shall submit a cash assurance (letter of credit or cash
deposit) for the equivalent value of mitigation required (24.5 caliper inches times $125 per
caliper inch = $3,062). Any trees successfully planted on or off -site, in accordance with an
approved Tree Mitigation plan and 'IDC 18.790.060.D, will be credited against the assurance
for two years following final plat approval. After such time, the applicant shall pay the
remaining value of the assurance as a fee in -lieu of planting.
NOTICE OF DEQSION MLP2007- 00008 /HANSENPARTITION PAGE 11 OF 18
Prior to issuance of building permits, the applicant (developer or builder) shall:
A. Submit site plan drawings showing the accurate location of the trees that were preserved,
the location of tree protection fencing, and the location of mitigation trees, if any. Attach
copies of the approved Tree Protection and Mitigation Plans.
B. Submit a statement and signature of approval from a certified arborist regarding the siting
and construction techniques to be employed in building the house with respect to any
protected trees on site.
C Install required tre t e' protection fencing as specified by the project arborist and call for an
inspection by the City Arborist.
Prior to final inspection, the applicant shall record a deed restriction to the effect that any existing
tree greater than 12 inches diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be considered
invalid if a tree preserved in accordance with this decision should either die or be removed as a
hazardous tree.
Visual Clearance Areas (18.795):
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 visua y clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measuring from the corner, 30 - feet along the right -of -way and along the driveway and connecting these two
points with a straight line.
The applicant's site plan shows the vision clearance triangle for the joint access drive onto SW Walnut for both
proposed parcels. The visual clearance areas will also need to be included on the preliminary plat.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are met. To ensur■
visual clearance is maintained, a condition shall be required for such areas to be indicated on the
final plat.
CONDITION: Prior to final lat the applicant shall submit a preliminary plat that shows the visual clearance
p , PP P ary P
areas accurately, accordance with Tigard Community Development Code CD Section
Y
g tY P (T CDC)
18.795.040.
Impact Study (18.390):
Section 18.360.090 states, The Director sh,:l1 ,m;a?re a firading . 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 roperty dedication is not roughly proportional to the projected impacts
of the development. Section 18.390 .0 states that when a condition of approval requires the transfer to the
public of an interest in real property, the approva auriority 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. •
Tine applicant's representative submitted an impact study. SW Walnut Street has recently been improved, including
sidewalks. Access to future SW 129' Avenue will be closed. In order to mitigate the impact from this development, the
applicant will provide a future improvement guarantee for improvements to these streets. The applicant will '
extending storm drainage connections to the two parcels to account for the additional impervious area being added to
the site. 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.
NOTICE OF DEGISION MLP2007- 00008 /HANSEN PARTITION PAGE 12 OF 18
!: .: s re .
The Washington County Traffic Impact Fee (11F) 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 a TIF's of $3,020 for the proposed new dwelling unit on
Lot # 2.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street im rovements citywide, a fee
that would cover 100 percent of this project's traffic impact is $9,437 ($3,020 divided by .32 The difference between
the TIF paid, and the full impact, is considered the unmitigated impact on the street system. e unmitigated impact of
this project on the transportation system is $6,417 ($9,437 - $3,020). The applicant has concurred with the dedication of
additional right -of -way along SW Walnut Street and SW 129 Avenue (approximately 1 156 square feet) for future road
improvements. At $3 per square foot for residentially zoned land, the value of the dedication would be approximately
$3,468. Therefore, the required dedication is roughly proportionate.
Estimated Value of Impacts
Full Imppact ...................................... ............................... $9,437
Less Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .3,020
Less Mitigated Costs......
Estimated Value of Unmitigated Impacts 2,949 —
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:
_ mprovements:
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 70 -foot
right -of -way width and 46 -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 Walnut Street, which is classified as a Collector on the City of Tigard Transportation Plan
Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide 35 feet from centerline.
SW Walnut Street is currently partially improved. In order to mitigate the impact from this development, the applicant
should plant street trees, the size and spacing in accordance with the TSP.
Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a Neighborhood Route to have a
54 right -of -way width and 32 -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 129th Avenue, which is classified as a future local street on the City of Tigard
Transportation Ilan Map. At present, there is approximately 50 feet in an easement to serve several properties,
according to the most recent tax assessor's map. , The applicant should dedicate 2 feet to provide for 27 feet from
centerline in the future when this section of 129th Avenue becomes a public street.
V 129th Avenue is currently a private street and partially improved. The applicant will no longer be allowed to take
access from 129th Avenue because the spacing standards of 18.705 cannot be met and an alternate access is being
provided on Walnut Street. In order to mitigate the impact from this development, the applicant should remove 16
lineal feet of the existing concrete driveway and 15.5 lineal feet of the gravel driveway, as shown on Sheet C2 of the
NOTICE OF DEQSION MLP2007- 00008 /HANSENPARTITION PAGE 13 OF 18
submitted plans. The applicant's plans also show the removal of a portion of the walkway, but since it is not for
vehicular access it is not necessary that it be removed. The applicant shall also enter into an agreement for future street
improvements along their frontage of 129th Avenue. The applicant shall record on the plat a non - access strip along the
entire length of the 129th Avenue frontage.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states filat wht.w it , necessary to give access or .permit a satisfactory future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. 'These street stubs to adjoining properties are not
considered to be cul -de -sacs since they are intended to continue as through streets at such time as the
adjoining property is developed. A barricade shall be constructed at the end of the street by the property
owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost. Temporary hammerhead turnouts or temporary cul -de -sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The future extension of SW 129' Avenue as a public street is anticiNted. Currently, there is a 50 foot easement
providing access to several properties. Upon future development of - 'Tax Lot 2S104AD02800 it is likely that 129t
Avenue will be developed as a public street connecting Walnut Street to the public portion of 129 Avenue to the
north.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is
traversed by an existing or proposed arterial or major collector street, the development design shall provide
adequate protection for residential properties and shall separate residential access and through traffic, or if
separation is not feasible, the design shall minimize the traffic conflicts. The design shall incrude any of the
following:
• A parallel access street along the arterial or major collector,
• Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with
frontage along another street;
• Screen planting at the rear or side property line to be contained in a non - access reservation along tilt.
arterial or major collector, or
• Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications, primary access should be from the lower
classification street.
The applicant has proposed a shared driveway on the Walnut Street frontage. Walnut Street is classified as a Collector
on the City of Tigard TP. There is no other alternative for access to this development. The applicant states they will
ensure adequate protection for the residential properties exist to minimize traffic conflicts. The applicant shall provide
for an on -site turn-around that will eliminate the n'2d for a to back out onto Walnut Street, thus . minimizing
traffic on Walnut Street.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due regar& 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 ri ht -c
ways shall be provided when full street connection is notpossible. Spacing between connections shalfbe n�
more than 330 feet, except where precluded by environmental or topographical constraints, existing
development patterns, or strict adherence to other standards in the code.
NOTICE OF DECISION MLP2007- 00008 /HANSEN PARTTTTON PAGE 14 OF 18
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.
Proposed Parcel # 1 has a lot depth of approximately 130 feet and a lot width of 85 feet. Propose Parcel # 2 has a lot
depth of 135 feet and a lot width of 87 feet. Neither of . the proposed parcels has a lot depth greater than 2.5 times the
average.lot width, consistent 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.
The proposed development is a minor land partition. Proposed Parcel # 1 has a frontage of 85 lineal feet on SW Walnut
Street; Parcel # 2 has 87 feet of frontage on SW Walnut Street. Therefore, this criterion is met.
•
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.
There is an existing sidewalk along the Walnut Street frontage that meets this criterion. There is no sidewalk along the
future 129th Avenue frontage, but the applicant will enter into a future street improvement agreement which will
include sidewalk, thereby meeting this critenon for that frontage.
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 }or Sanitary and Surface Water Management (as adopted by Clean Water
iervices in 1996 and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over- sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional
development within the area as projected by the Comprehensive Plan.
The applicant's plans indicate the existing home is served by a lateral from the existing sewer main in 129th Avenue.
The plans also show a new lateral to parcel 2 from the sewer main in Walnut Street. The applicant's engineer may want
to explore the option of serving parcel 2 from the main in 129th Avenue. If utility cuts are made in Walnut Street the
City Engineer may require grinding of the asphalt pavement section or other restoration methods before repaving.
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 drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resulting rom the development will overload an existing drainage facility, the
firector and Engineer shall withhold approval of the development until provisions have been made for
provement of the potential condition or until provisions have been made for storage of additional runoff
..aused 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).
NOTICE OF DEQSION MLP2007- 00008 /HANSEN PARTTTTON PAGE 15 OF 18
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 the development is located adjacent to Fanno Creek. For those developments
adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The impact of a small residential develcoment sp.ch as a minor land partition, does not typically require stormwater
detention. A fee -in -lieu of detention is allowed in these cases and staff recommends this.
The applicant's plans show two storm sewer laterals connecting to the existing storm sewer main in Walnut Street.
While laterals are usually encouraged, in this case a storm line through the curb may be acceptable. Any cutting of the
asphalt pavement section may require grinding and pavement restoration as directed by the City Engineer.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on
the Cit adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or right -of -way.
The bikeway improvements, including striping of the bikeway occurred with the SW Walnut Street improvements.
Therefore, this standard does not apply.
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 th
underground services;
♦ The Ci 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 7, the develonment is proposed to, take place on a street wi'e . existing
utilities which are not underground will serve 'ti e development and the approval authority determines 'drat the
cost and technical difficulty of under - grounding' the utilities outweighs the benefit of under - grounding in
conjunction with the development. The determination shall be on a case -by -case basis. The most common,
but not the only such situation is a short frontage development for which under - grounding would result in
the placement of additional poles, rather than the removal of above -ground utilities facilities. An applicant for
a development which is served by utilities which are not underground and which are located across a public
right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding.
There are existing overhead utility lines along the frontage of SW Walnut Street and 129th Avenue. If the fee in -lieu is
p roposed, it is equal to $35.00 per lineal foot of street -frontage that contains the overhead lines. The Walnut Street
frontage along this site is 164 lineal feet; therefore the fee would be $5,740.00.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
TVFR provides service in this area. The applicant has provided correspondence with the Deputy Fire Marshal II, dated
February 20, 2007. The Deputy Fire Marshall II reviewed the preliminary plans and did not see any conflicts w
TVFR requirements for access to "within 150 feet of the first story of any building or structure as hose is laid." He als.,
states that the requirements for fire hydrant distance and fire flow demand would apply. Therefore, a fire hydrant may
be required to be installed off the main in 129th Avenue.
NOTICE OF DECISION MLP2007- 00008 /HANSENPARTTTTON PAGE 16 OF 18
Public Water System:
The City of Tigard provides service in this area of Tigard. The applicant indicates the existing water meter is located off
of the existing main line in 129th Avenue. The proposed meter to serve parcel 2 is shown o1} the water main in Walnut
Street. The applicant's engineer should work with the Water Department to locate the new meter off the main in 129th
Avenue to avoid cutting the new asphalt pavement in Walnut Street. If this cannot be done the applicant needs to be
aware that pavement restoration will - be required that may include grinding.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which
require the construction of on -site water quality facilities. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
The 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 pay a fee in -lieu of constructing a facility if deemed
appropriate. Staff recommenc`s payment of the fee in -lieu on this application.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and
other polrutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The applicant shall submit an erosion control plan for review and approval with their PFI permit application.
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 $50.00 per address shall be assessed. This fee shall be
paid to the Citypnor to final plat approval.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Building Department has reviewed the proposal and has no objection to it. ,
City of Tigard Public Works Department has reviewed the proposal and commented that the City of Tigard will
install the water meter.
SECTION VII. AGENCY COMMENTS
Clean Water Services (CWS) submitted a Service Provider Letter dated February 2, 2007 (07 000395) which
determined no sensitive areas were identified within 200 feet of the subject site. CWS also submitted Review Comments
dated May 14, 2007 which address general comments, sanitary sewer, storm drainage, water quality, and erosion control
issues. These issues have been addressed in the Streets and Utilities section of the decision above.
Tualatin Valley Fire and Rescue has reviewed the proposal and endorses it without comment or condition.
NOTICE OF DECISION MLP2007- 00008 /I IANSENPARTITION PAGE 17 OF 18
,
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 21, 2007 AND BECOMES
EFFECTIVE ON JULY 7, 2007 UNLESS AN APPEAL IS FILED.
A &Real:
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 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 maybe adopted from time to time by the appellate body.
I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 6, 2007. Ili
estions:
Ie any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,
Tigard, Oregon at (503) 639 - 4171.
n
_
C 4 June 21, 2007
PREPARED BY: ry . a ge techer DA'I'h;
Associate lanner
June 21, 2007
.,,'APPROVED BY: Richard Bewersd rfff DAI'L
Planning Manage
i \cwpin \gary\minor land partition \mIp2007 -00008 (hansen \m1p2007 -00008 decision.doc
NOTICE OF DEQSION MLP2007- 00008 /HANSEN PARTITION PAGE 18 OF 18
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> CITY of TIGARD
SCO T TS BR /D alaNall j < II III OF GEOGRAPHIC INFORMATION SYSTEM
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- ' Tigard. OR
(503) 639
NIMM Ann Community Devei nt Plot date: May 7, 2007; C: \magic \MAGICO3.APR
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WALNUT STREET PART/TI� l - , !!,,�'. . :I .: 1E $' "
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_ — SHEET INDEX
n - � -_ —•__ LOT 43 CI COYER/PUT PLAN Z
r , 1 C2 21051180 CONOITIONS/OE90U110N/INEE PLAN
I I II I 1/ I ^ I C3 IMPROYEMENT PLAN
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i I ^'1 R -- P ROJECT TEAM W 3 0
i li I PARCEL s > 1 II DEVELOPER CIVIL ENGINEER F °
1 m 1 N 111
I I ERIC AND LE HA N SEN SR DESIGN 21 .`4',!
- 1 21585 SW ROEILCH AVE 8196 SW HALL BLVD., SUITE 232 O
I I 1 I I-� 0 SHERWOOD, C41 97140 34194. OR 97008
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N I f-F e' PUE �!J I � �I PHONE (503) C HANSE
625-8811 11
811 8J1 BEAM E - 33) 49- 8553
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CONTACT: ER
I 3 1 2 , 1 I I 1 " , ] 1 CONTACT: STEVE ROPER 3 Q
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1 SR DESIGN LLC 3 I LOT 42 SURVEYOR ARBORIST
�� 01700'00 39.08' 1
1 � 992722'
IEREGPN 8 ASSOCIATES, INC
I F 1 . 14.00 I 8196 SW HALL BLVD., SUITE 232 3145 WESMEW CIRCLE
I 1 .21.94 1 PRIVATE DRIVEWAY 7 J8 BEAVERTON, 0R 97008 LANE OSWECO, OREGON 97034
•9' PUE ACCESS EASEMENT IN
10 BENEFIT PARCEL 1 1- -25 PHONE - (503) 489 -1213 'HONE - (50J) 887 -1975
1 5 RO W - Ji COD -___I_ FAX - (503) 489 -8553 CONTACT: 1ERRY FIANNIGAN
*Jr. EDICATION CONTACT: TOBT BOIDEN
-- - - F D - _ 5 ' ROW
DEDICATION
_ '00'00 L7 7 88,0]' - __ __ -- -1-i
SITE INFORMATION
SW WALNUT ST. D'
_ 1MTN. SITE PLAN R-4.5 - -� _ 91E AREA 254 A01E5 . 23,554 50 FT. -
- - __ SCALE: 1 " =2C' Rill OmkA1NN .1,195 56 Fr.
--- _ TOTAL NET REP, 22,495 52 FT.
- --- - -- - MMM018 LOT AREA 11,014 50. FT.
2[NNG RINMOY LOT AREM 7,500 52 81. 0
MAX DOOM 3 m5 -
11416629 OENSITY: 2'
FRONT TARO SE190084 20
REAR TNM SET195: 15'
SEE TARO 919924 5'
30' HALF RIGHT -OF -WAY 5' R OW 1
= 27' HALF RICM -OF -WAY --
r'• 5 ! GENERAL D; SCRIPTION :1 g
0.5, 1 LOCATID ON THE NqT iH SIDE OF WALNUT 5T. a V
• AN0 JUST EAST OF 1112 INTERSECTION OF SW OAIE 8 3/89/07
-27 1RAVEL LANE SOW I RYA I 128TH AND WALNU S T. 91 TICARO, OREGON. DESIGNED, C MAROUIS
CURB 9 SHEET ENGINEER, 5 ROPER
• L I ' I F LEGAL DESCRIPTION SHEETED
TITLE
TAX MAP: 251 04AD COVER/PLAT PLAN
IBI F FUTURE SW 129TH AVF. HAI F S EE_ TAX LOT: 2700 SHEET NUMBER
pOSS
L sECnoH NE 1/4 SECTION 4, 1.25., R.1W, W.M.
N5 WASHINGTON COUNTY, OREGON ��
POMP SW WALNUT STREET SECTION
NTS