Hearings Officer Packet - 06/10/19960 •
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Hearings Officer meetings by
noon on the Monday prior to the meeting. Please call (503) 639-4171,
Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications
Devices for the Deaf). Upon request, the City will also endeavor to
arrange for the following services:
? Qualified sign language interpreters for persons
with speech or hearing impairments; and
? Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of
your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at
the same phone numbers as listed above.
(OVER FOR MEETING AGENDA ITEM(S)
TIGARD HEARING'S OFFICER PAGE 1 OF 2
6/10/96 PUBLIC HEARING h:\patty\masters\agendho.mst
•
CITY OF TIGARD
HEARINGS OFFICER
JUNE 10, 1996 - 7:00 P.M.
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
0
City of Tigard, Oregon
2.1 JACOB COURT SUBDIVISION
Subdivision SUB 96-0002
Variance VAR 96-0008
The applicant has requested Subdivision preliminary plat approval to divide an
approximately .79 acre parcel into 6 lots ranging between 3,050 and 6,022 square
feet. COMPREHENSIVE PLAN DESIGNATION: Medium Density. ZONING
DESIGNATION: R-12. LOCATION: 11705 SW 98th Avenue (WCTM 1S1
35CD, TAX LOT 1300). APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.54, 18.92, 18.100, 18.102, 18.106, 18.108,
18.134, 18.150, 18.160, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1,
7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARING'S OFFICER PAGE 2 OF 2
6/10/96 PUBLIC HEARING h:\patty\masters\agendho.mst
CITY OF T GARD HEARING OFFICER
SIGN-IN SHEET
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR City of Tigard, Oregon
NAME AND RECORD THEIR ADDRESS ON THIS SHEET...(Please PRINT T.egibivl
AGENDA ITEM #: 2.1 1 1 DATE OF HEARING! 6/10/96 Page 1 of
FILE NAME(S): JACOB COURT SUBDIVISION
CASE NUMBER(S): SUBDIVISION (SUB) 96-00021VARIANCE (VAR) 96-0008
OWNER(S)/APPLICANT(S): FGEORGE HEINTZ (Owner) J. BRADLY PIHAS (Applicant)
LOCATION: 11705 SW 98TH AVENUE
MAP(S) & TAX LOT(S) NO(S). 1 1WCTM 1S1 35CD, TAX LOT 1300
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal)
OPPONENT (Against the proposal)
NAME/ADDRESYMP S AFFILIATION)
(PRINT NAME/ADDRESS/ZIP d AFFILIATION)
Address: q200 Z-W 44414191061 ?a 5 Address: ? ? 1 V ? ' X 111 Z
City; St ate: Ce Zin: L722Y j City: ?Dfl "'Y"J State-() I Z' ?2
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Name: Name:
Address: Address:
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Address: Address:
h:\login\p atty\signinho. mst
CITY OF GARD HEARING' OFFICER
SIGN-IN SHEET
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR Cil of 9'igW, Crogoo
NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legihy)
AGENDA ITEM #: 2.1 11 DATE OF HEARING: 6/10/96 Page 2 of ?.
FILE NAME(S): JACOB COURT SUBDIVISION
CASE NUMBER(S): SUBDIVISION (SUB) 96-0002NARIANCE (VAR) 96-0008
OWNER(S)/APPLICANT(S): GEORGE HEINTZ (Owner) J. BRADLY PIHAS (Applicant)
LOCATION: 11705 SW 98TH AVENUE
MAP(S) & TAX LOT(S) NO(S). W1S1 35CD, TAX LOT 1300
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(PRINT NANF/ADDRESS/ZIP d AFFILIATION) (PRINT NAME/ADDRESS/ZIP d AFFILIATION)
Name: Name: ? T C K&5 K?
Address: Address: ' 7 3 S Sin)
City: State: zip: cim state, ZiA 77M
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Name: Name:
Address: Address:
Name: Name:
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Address: Address:
h: \login\patty\si gninho.mst
• •
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by J. Bradly Pihas for ) FINAL ORDER
approval of a tentative plan for a 6-lot subdivision ) SUB 96-0002
and street side yard variance for land at 11705 SW 98th ) VAR 96-0008
Avenue in the R-12 zone in the City of Tigard, Oregon ) (Jacob Court)
I. SUMMARY
1. The applicant proposes to divide a roughly 0.79 acre parcel into 6 lots ranging in
size from 3050 to 6022 square feet. The applicant proposes to dedicate the north portion of
a new public street --- SW Jacob Court --- along the south edge of the site from SW 98th
Avenue to a partial cul de sac near the west edge of the site. The applicant will improve the
north portion of the street. The applicant would improve a temporary turnaround at the cul
de sac. Proposed lots do or can comply with the dimensional standards of the R-12 zone.
The proposed street complies with applicable standards for a partial width public right of
way and roadway. Stormwater will be directed to a drainage swale in the railroad right of
way that adjoins the west edge of the site.
2. There is a dwelling on the east portion of the site. That dwelling will be retained
on a proposed lot. The dwelling will be situated about 6 feet from the north edge of the
Jacob Street right of way. The City Code requires a 10-foot street side yard setback. The
applicant requests approval of a variance so the existing dwelling can stay where it is.
3. Hearings Officer Larry Epstein (the "hearings officer") conducted a duly noticed
public hearing in this matter on June 10, 1996. At the hearing City staff recommended
conditional approval of both applications. See the Staff Report to the Hearings Officer
dated May 31, 1996 (hereafter the "Staff Report"). The applicant accepted the Staff Report
without objections or corrections. The owner and occupant of land south of the site
testified against having proposed Jacob Court along the south edge of the site, arguing
traffic on that street would detract from the peaceful occupancy of the home on the lot to the
south. The principal issues in this case are whether Jacob Court should extend along the
south edge of the site and, if so, whether the City should allow or require the applicant to
install a sight obscuring fence on the south edge of the right of way to protect the privacy of
the owner and occupants of the home to the south.
4. For the reasons stated or incorporated by reference herein, the hearings officer
hereby approves the tentative plan and variance subject to conditions incorporated herein by
reference or stated at the end of this order.
II. HEARING AND RECORD
1. The hearings officer received testimony at the duly noticed public hearing about
this application on June 10, 1996. The record closed at the conclusion of the hearing. A
record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B
(Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the
Tigard City Hall. The following summarizes oral testimony offered at the hearing. .
a. City planner Will D'Andrea summarized the Staff Report and responded
to questions from the hearings officer about how to implement proposed conditions of
approval 3 and 4.
b. Vic Accomando testified for the applicant. He summarized the proposed
land division and variance, noting the proposed street location was recommended by City
staff. He agreed to install a sight-obscuring fence at the south edge of the Jacob Court right
of way if the City allows it. He waived the applicant's right to have the record left open.
c. Steven Koski owns the adjoining lot to the south with his mother Alice
Koski. Robert Koski resides in the home with his mother. Both Koski's testified against
the proposed location of Jacob Court. Steven Koski also read a letter from his mother
objecting to the location of the road. They argued the Koski home is so near the north edge
of the property that vehicles on Jacob Court and activity on the site generally will cause
noise, fumes and lights that will adversely affect the residents of the Koski home,
particularly Mrs. Koski. They argued a road could be situated along the north edge of the
site, so that back yards of the proposed lots would adjoin the Kiski home rather than the
road. To the Koski's, the road location offers no advantages, because they do not intend to
divide or develop their lot. If the subdivision is approved and the road stays on the south
edge of the site, Steven Koski requested that a condition of approval require the applicant to
build a sight-obscuring fence along the south edge of the road.
III. DISCUSSION
1. City staff recommended approval of the applications in this case subject to
conditions in the Staff Report as amended at the hearing. The hearings officer finds that the
Staff Report generally contains all the applicable standards for the application and findings
showing the applications comply with those standards. Those findings are not disputed in
large part. To the extent the findings are not disputed, the hearings officer adopts them as
his own in support of a decision to approve the applications in this case subject to the
conditions recommended in the Staff Report except as expressly provided otherwise below.
2. There is a dispute about the location of proposed Jacob Court. There is not a
standard in the City Code or on an official map that identifies precisely where Jacob Court
should be situated. Although not cited specifically by the Koski's, the hearings officer
believes section 18.164.030(F) (future street plans and extension of streets) and section
18.164.040(A) (block design) and comprehensive plan policy 8. 1.1 (street improvements)
are relevant to the issue of where to locate Jacob Court. The hearings officer finds that
Jacob Court should be located where proposed to be consistent with those standards for the
following reasons:
a. Only if the road is situated along the south edge of the site can it "permit
a satisfactory future division of adjoining land" consistent with 18.164.030(F) and
18.164.040(A). The future street plan in the application shows the site and the Koski lot
can be divided efficiently (in the future whenever the owners of the property choose) with
proposed Jacob Court and another short cul de sac. It cannot be divided as efficiently if
Jacob Court does not adjoin the Koski lot. That is, it cannot be divided into as many lots
with the same or a lesser length of street. The shape of the Koski lot and the railroad right
of way west of the lot constrain access options. A street on the north edge of the site
cannot serve "anticipated future growth and development" as required by comprehensive
plan policy 8.1.1. It can only serve the lots on the site. That is inherently less efficient
than a street that can serve lots on both sides, such as proposed Jacob Street.
Hearings Officer Final Order in the matter of
SUB 96-0002 and VAR 96-0008 (Jacob Court) Page 2
• •
b. If located on the south edge of the site, Jacob Court will have a greater
adverse impact on the Koski home than if the street is located on the north edge of the site.
But a street on the north edge of the site would have the same sorts of impacts on the four
homes to the north. In fact, if the road serving the site is situated on the north edge of the
site, the homes to the north would have a street north and south of them. Such an impact
would be at least as significant to the residents of those homes as the impact of the
proposed street on the Koski home. Locating Jacob Court on the north edge of the site
does not eliminate an adverse impact; it relocates it and arguably makes it more significant.
3. As noted above, the proposed location of Jacob Court could adversely affect the
residents of the Koski home.
a. The hearings officer concludes those effects can be reduced by installing
a sight-obscuring fence six to eight feet high along the south edge of the right of way.
Such a fence will obstruct views of the Koski property from the subject property and vice
versa. It will not eliminate all adverse impacts. But, because the subdivision will result in
only five new dwellings, the impact is relatively small. It could even be found that, by
separating the homes on the site from the Koski home, the proposed location of Jacob
Court will result in more privacy for the Koski home than if the street was situated along
the north edge of the site, in which case homes could be situated within 15 feet of the
Koski home. In any event, given the express policies and standards promoting and
requiring a street system that is efficient and that will serve anticipated future growth, the
hearings officer finds that the impacts of Jacob Court on the Koski property do not violate
City a policy or standard.
b. The potential adverse impacts of Jacob Court should be mitigated by
requiring the applicant to install and maintain (or provide for the maintenance of) a sight
obscuring fence along the south edge of the right of way if such a fence would be safe.
The hearings officer finds the city engineer should determine whether such a fence would
be safe as part of the final engineering for the street based on applicable City and AASHTO
standards, if any, and professional judgment. If so, the fence should be installed to
standards set by the city engineer to ensure the fence is safe and can be removed when the
south portion of the right of way is dedicated from the Koski property in the future.
4. Proposed conditions of approval 3 and 4 require the final plat to show road
dedications, but does not clearly state when the land will be dedicated. The conditions are
intended to result in dedication on the final plat. The conditions should be clarified to say
so more clearly.
IV. CONCLUSIONS
Based on the above findings, including the incorporated provisions of the Staff
Report, the hearings officer concludes that the applications in this case do or can comply
with the applicable standards of the City of Tigard Community Development Code and
should be approved, subject to the conditions of approval in the Staff Report with certain
changes consistent with the discussion in section III of the final order.
Hearings Officer Final Order in the matter of
SUB 96-0002 and VAR 96-0008 (Jacob Court) Page 3
• •
V. ORDER
The hearings officer hereby approves SUB 96-0002 (JACOB COURT) and VAR
96-0008, subject to the conditions in the Staff Report with the following amendment:
1. Condition of approval 3 is hereby amended to read as follows:
3. The final plat shall include on its face a dedication of right of way to the
public along the SW 98th Avenue frontage to ncreae the right of way to 30
feet from the centerline.
2. Condition of approval 4 is hereby amended to read as follows:
4. The final plat shall include on its face a dedication of right of way for a new
local residential street. The width of the right of way on this site shall be 28
feet which will include a portion of the cul de sac bulb at the west end of the
street to provide minimum right of way radius of 42 feet.
DATED this 18th day "J e, 1996.
Larry EpsteJ?
City of Tig e gs Officer
Hearings Officer Final Order in the matter of
SUB 96-0002 and VAR 96-0008 (Jacob Court) Page 4
0
9
COMMUNITY NEWSPAPERS, INC.
???e?y19E Q
P.O. BOX 370 PHONE (503) 684.0360
JINN 1996 BEAVERTON, OREGON 97075
Legal Notice Advertising
ITY OF TIGARD
.City of tigard 0 ? Tearsheet Notice
13125 SW Hall Blvd.
•Tigard,Oregon 97223-8199 • ? Duplicate Affidavit
.Accounts Payable:Terry •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTiga d ua 1 at i n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
SUB 96-0002 Jacob Court Sub.
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
May 30,1996
Subscribed and
My Commission Expires:
195
Legal
Notice TT 8 514
The following will be considered by the Tigard Hearings Officer on
Monday, June 10. 1996. at 7:00 P.M., at Tigard Civic Center - Town Hall,
13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter accompanied by statements or evidence
sufficient to allow the hearings authority and all parties to respond
precludes an appeal, and failure to specify the criterion from the
Community Development Code or Comprehensive Plan at which a
comment is directed precludes an appeal based on that criterion. Further
information may be obtained from the Planning Division at 13125 S.W.
Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171.
PUBLIC HEARING:
SUBDIVI$ION (SUB) 96.0002
>JACOB COURT SUBDIVISION<
A request for Subdivision preliminary plat approval to divide an
approximately .79 acre parcel into 6 lots ranging between 3,050 square
feet to 6,022 square feet. LOCATION: 11705 S.W. 98th Avenue (WCTM
1S 135CD, Tax Lot 1300). ZONE: R-12 (Residential, 12 units per acre).
The R-12 zone allows single-family attached/detached residential units,
multiple-family residential units, residential care facilities, mobile home
parks and subdivision, public support services, family day car, home
occupation, temporary use, residential fuel tank, and accessory structures.
APPLICABLE REVIEW CRITERIA: Community Development Code
Sections 18.54,18.92,18.100,18.102,18.106,18.108,18.10 and 18.164.
TM514 - Publish May 30,1996.
4 < NOW: . :.Lo., - vf1[t5vr4
COMiJii' ,E: ,!0.024552
W co, ISSIOi? EXHAES MAY 16,199'
AFFIDAVIT
CITY OF TIGARD
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JUNE 10. 1996 AT 7.00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: SUBDIVISION (SUB) 96-0002
FILE TITLE: JACOB COURT SUBDIVISION
APPLICANT: J. Bradly Pihas OWNER: George Heintz
18025 SW Sarah Hill Lane 11705 SW 98th Ave.
Lake Oswego, OR 97035 Tigard, OR 97223
REQUEST > A request for Subdivision preliminary plat approval to divide an approximately .79
acre parcel into 6 lots ranging between 3,050 square feet to 6,022 square feet.
LOCATION: 11705 SW 98th Avenue (WCTM 1 S1 35CD, Tax Lot 1300).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.54, 18.92, 18.100, 18.102, 18.106,
18.108, 18.160 and 18.164.
ZONE: R-12 (Residential, 12 Units Per Acre). The R-12 zone allows single-family
attached/detached residential units, multiple-family residential units, residential
care facilities, mobile home parks and subdivision, public support services, family
day care and home occupations.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED
BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH
IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
SUB 96-0002 JACOB COURT SUBDIVISION NOTICE OF 6/10/96 PUBLIC HEARING
ANYONE WISHING TO PRESEN?RITTEN TESTIMONY ON THIS PRCSSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT TH BLIC HEARING. ORAL TESTIMON MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER MAY 20, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON
THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON
THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE,
OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7)
DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION
AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE
CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
SUB 96-0002 JACOB COURT SUBDIVISION NOTICE OF 6/10196 PUBLIC HEARING
• •
Agenda Item: 2.1
Hearing Date: June 10, 1996 Time: 7:00 PM
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: JACOB COURT SUBDIVISION
Subdivision SUB 96-0002
Variance VAR 96-0008
PROPOSAL: The applicant has requested Subdivision preliminary plat approval to
divide an approximately .79 acre parcel into 6 lots ranging between
3,050 and 6,022 square feet.
APPLICANT: J. Bradly Pihas OWNER: George Heintz
18025 SW Sarah Hill Lane 11705 SW 98th Avenue
Lake Oswego, OR 97035 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density.
ZONING
DESIGNATION: R-12.
LOCATION: 11705 SW 98th Avenue (WCTM 1S1 35CD, TAX LOT 1300).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.54, 18.92, 18.100, 18.102,
18.106, 18.108, 18.134, 18.150, 18.160, and 18.164. Comprehensive
Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3.
SECTION II: STAFF RECOMMENDATION:
The Planning Director's Designee recommends; that the Hearings Officer find that the:,::
proposed Subdivision will no adversely affect the health, safety and welfare of the City.
Therefore, staff recommends APPROVAL, subject to the following recommended'
conditions of a ya
l:
PPro _ ;:
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 1
• •
CONDITIONS OF APPROVAL
ALL ,::CONDITIONS 'SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT
WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF
CONTACT FOR ALL CONDITIONS' IS BRIAN RAGERWITH THE ENGINEERING'
DEPARTMENT, (503) 6.39-4171.
1. Prior to approval of the final plat, a public improvement permit and compliance
agreement is required for this project. Five (5) sets of detailed public improvement
plans and profile construction drawings shall be submitted for preliminary review to
the Engineering Department. Once redline comments are addressed, and the plans
are revised, the design engineer shall then submit nine (9) sets of revised drawings,
and one (1) itemized construction cost estimate for final review and approval (NOTE:
these plans are in addition to any drawings required by the Building Division and
should only include sheets relevant to public improvements). Public improvement
plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall.
2. Prior to issuance of the public improvement permit, the applicant shall provide a
construction vehicle access and parking plan for approval by the City Engineer. All
construction vehicle parking shall be provided on-site or within the proposed right-of-
way of Jacob Court. No construction vehicles or equipment will be permitted to park
on the adjoining residential public streets or on SW 98th Avenue. Construction
vehicles include the vehicles of any contractor or subcontractor involved in the
construction of site improvements or buildings proposed by this application, and shall
include the vehicles of all suppliers and employees associated with the project.
3. The final plat shall indicate that additional right-of-way will be dedicated to the public
along the SW 98th Avenue frontage to increase the right-of-way to 30 feet from the
centerline.
4. The final plat shall indicate that right-of-way (ROW) will be dedicated for the new local
residential street. The width of ROW on this site shall be 28 feet which will include a
portion of the cul-de-sac bulb at the west end of the street to provide a minimum
ROW radius of 42 feet.
5. The applicant's public improvement plans shall include standard half-street
improvements along the frontage of SW 98th Avenue. The improvements adjacent to
this site shall include:
A. City standard pavement section from curb to centerline equal to 20 feet.
B. Pavement tapers needed to tie the new improvement back into the existing
edge of pavement shall be built beyond the site frontage.
C. Curb and gutter.
D. Storm drainage, including any off-site storm drainage necessary to convey
subsurface runoff.
E. Five (5) foot concrete sidewalk.
F. Street striping.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 2
•
0
G. Streetlights as determined by the City Engineer.
H. Underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu
of undergrounding existing overhead utilities).
1. Street signs.
J. Driveway apron (if applicable).
K. Adjustments in vertical and/or horizontal alignment to construct SW 98th
Avenue in a safe manner, as approved by the Engineering Department.
6. The applicant's public improvement plans shall include construction of a portion of the.
proposed residential street to public standards. The paved width provided on this
property shall be 22 feet, as proposed on the subdivision plan. The portion of the
proposed cul-de-sac bulb can be built to have a 35-foot curb radius and a 42-foot
ROW radius, as allowed by City standards.
7. Prior to issuance of the public improvement permit, the applicant shall provide a
written notice to Portland and Western Railroad indicating how the project's drainage
will discharge into the existing railroad drainage ditch. The contact for Portland and
Western is Scott Berkely at 681-7941 (office) or 920-2878 (pager). A copy of the
written notice shall be provided to the City Engineer.
8. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing
an on-site water quality facility. The fee is based on the total area of new impervious
surfaces in the proposed development which includes the new public street and
sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is
assessed to each individual lot. Payment of the fee can be split into two parts: (1)
the portion based on surface area of new streets and sidewalk shall be paid by the
applicant prior to approval of the final plat, (2) the portion assessed to each lot
($180/lot at present) can be paid at the time building permits are issued for the
individual lots. The applicant shall provide the Engineering Department (Brian Rager)
with surface area calculations for the street and sidewalk areas in order for the fee
under (1) above to be calculated.
9. An erosion control plan shall be provided as part of the public improvement drawings.
The plan shall conform to "Erosion Prevention and Sediment Control Plans -
Technical Guidance Handbook, February 1994."
10. A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of the lots that are to be
"pad" graded to insure that the drainage is directed to the street or a public facility
approved by the Engineering Department. A soils report shall be provided detailing
the soil compaction requirements consistent with the requirements of Appendix
Chapter 33 of the Uniform Building Code.
11. Revised site and landscaping plans shall be submitted for review by the Planning
Division, Staff Contact: Will D'Andrea. The revised plans shall include the following:
A. Impervious surface/landscape calculation. The R-12 zone requires a minimum
of 20% landscaping.
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B. Street trees to be spaced no greater than 30 feet apart, along both SW 98th
Avenue and the proposed street.
C. Caliper size of the trees to be removed. If these trees are greater than 12-inch
caliper, the applicant shall provide mitigation in accordance with Section
18.150.070.D.
12. Tualatin Valley Fire and Rescue approval of emergency vehicle turnaround, hydrant
location and no-parking signage plan.
PRIOR TO THE ISSUANCE OF A'BUILDING PERMIT, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
(Unless otherwise noted, the staff contact shall be Brian Rager,;
Engineering' Department (503)>.639-4171.),
1. Prior to issuance of building permits, the applicant shall provide the Engineering
Department with a recorded mylar copy of the subdivision plat.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
(Unless otherwise noted, the staff contact shall be Brian Rager,
Engineering Department (503) 639-4171.)
1. All site improvements installed per the approved plan.
1. Before City approval is certified on the final plat, and before approved construction
plans are issued by the City, the Subdivider shall:
A. Execute and file an agreement with the City Engineer specifying the period
within which all required improvements and repairs shall be completed; and
B. Include in the agreement provisions that if such work is not completed within
the period specified, the City may complete the work and recover the full cost
and expenses from the subdivider.
2. The agreement shall stipulate improvement fees and deposits as may be required to
be paid and may also provide for the construction of the improvements in stages and
for the extension of time under specific conditions therein stated in the contract.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 4
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18.160.180 Bond:
1. As required by Section 18.160.170, the subdivider shall file with the agreement an
assurance of performance supported by one of the following:
A. An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
B. A surety bond executed by a surety company authorized to transact business
in the State of Oregon which remains in force until the surety company is
notified by the City in writing that it may be terminated; or
C. Cash.
2. The subdivider shall furnish to the City Engineer an itemized improvement estimate,
certified by a registered civil engineer, to assist the City Engineer in calculating the
amount of the performance assurance.
3. The subdivider shall not cause termination of nor allow expiration of said guarantee
without having first secured written authorization from the City.
18.160.190 Filing and Recording:
1. Within 60 days of the City review and approval, the applicant shall submit the final
plat to the County for signatures of County officials as required by ORS Chapter 92.
2. Upon final recording with the County, the applicant shall submit to the City a mylar
copy of the recorded final plat.
18.162.080 Final Plat Application Submission Requirements:
1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice
in Oregon, and necessary data or narrative.
2. The subdivision plat and data or narrative shall be drawn to the minimum standards
set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by
the City of Tigard.
3. Street centerline monumentation shall be provided as follows:
A. Centerline Monumentation
1. In accordance with Oregon Revised Statutes 92.060, subsection (2),
the centerline of all street and roadway rights-of-way shall be
monumented before the City accepts a street improvement.
2. The following centerline monuments shall be set:
a. All centerline-centerline intersection points.
b. All cul-de-sac center points.
C. Curve points, beginning and ending points (PC's and PT's).
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3. All centerline monuments shall be set during the first lift of pavement.
B. Monument Boxes Required
1. Monument boxes conforming to City standards will be required around
all centerline intersection points, cul-de-sac center points, and curve
points.
2. The tops of all monument boxes shall be set to finished pavement
grade.
18.164 Street & Utility Improvement Standards:
1. 18.164.120 Utilities
A. All utility lines including, 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.
2. 18.164.130 Cash or Bond Required
A. All improvements installed by the subdivider shall be guaranteed as to
workmanship and material for a period of one year following acceptance by
the City.
B. Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
C. The cash or bond shall comply with the terms and conditions of Section
18.160.180.
3. 18.164.150 Installation: Prerequisite/Permit Fee
A. No land division improvements, including sanitary sewers, storm sewers,
streets, sidewalks, curbs, lighting or other requirements shall be undertaken
except after the plans therefor have been approved by the City, permit fee
paid and permit issued.
4. 18.164.180 Notice to City Required
A. Work shall not begin until the City has been notified in advance.
B. If work is discontinued for any reason, it shall not be resumed until the City is
notified.
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5. 18.164.200 Engineer's Certification Required
A. The land divider's engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in accord
with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the subdivision's improvements or
any portion thereof for operation and maintenance.
SECTION III: BACKGROUND INFORMATION
Site History
No development applications were found to have been filed with the City.
Vicinity Information:
The site abuts a railroad right-of-way to the west. Property west of the railroad tracks is
zoned I-P (Industrial Park). Property to the north and south are zoned R-12 (Residential,
12 units per acre). Property to the east is zoned R-4.5 (Residential, 4.5 units per acre).
The surrounding area is predominantly developed with single-family, detached residential
housing.
Site Information and Proposal Description:
The .79 acre property is currently developed with a single-family residence. The property
slopes westerly from an elevation of approximately 190 to an elevation of approximately
183. The applicant is proposing to divide this property into 6 lots, for construction of
single-family residential units. The proposal includes retaining the existing residence and
construction of a public street.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Dimensional Requirements: Section 18.54 states that the minimum lot area for each
single-family lot in the R-12 zoning district is 3,050 square feet. There is no minimum
lot width requirement in the R-12 zone. Developments within the R-12 zone are
required to provide a minimum of 20% landscaping. The proposed 6 lots require a site
size of 18,300 square feet. The net site area is approximately 27,529 square feet, thereby,
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 7
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meeting this standard. The applicant shall provide impervious surface/landscape
calculations that demonstrate compliance with this standard.
Setbacks: Section 18.54 states that single-family detached residential units are a
permitted use in the zone, and must comply with the following dimensional
requirements:
Minimum lot size 3,050 Square Feet
Average lot width Not Applicable
Front setback 15 Feet
Garage setback 20 Feet
Interior sideyard setback 5 Feet
Corner sideyard setback 10 Feet
Rear setback 15 Feet
Maximum building height 35 Feet
Compliance with setbacks on lots 2-6 will be reviewed during the Building permit review
process. However, as indicated on the site plan, lots 2-6 can accommodate the required
setbacks. The existing structure on parcel 1 partially complies with the setback standards.
The front lot line of a corner lot is defined (Section 18.26.030) as the shortest of the two
property lines that abut the street; except where the narrowest side of a lot is a minimum of
75 feet, there may be a choice of frontage. The front lot line for parcel 1 is the line adjacent
to SW 98th Avenue. The structure complies with the front, rear, and interior side setback but
does not comply with the 10-foot, corner sideyard setback. The existing structure provides a
6-foot setback on the proposed street. The applicant is being required to locate the
proposed street so as to provide for future development with the property to the south. The
variance is the result of circumstances beyond the applicant's control. The reduction in the
side yard setback will, in no way, effect adjoining properties. Therefore, this variance is
justified and approved as discussed in the variance section below.
Solar Access: Section 18.88.040(C)(1) contains solar access standards for new
residential development. A lot meets the basic solar access lot standard if it has a
north-south dimension of 90 feet or more and has a front lot line that is oriented
within 30 degrees of a true east-west axis. A subdivision complies with the basic
requirement if 80% or more of the newly created parcels meet this standard. The
Performance option states that a lot complies with this section if habitable structures
built on the lot will have their long axis oriented within 30 degrees of a true east-west
axis, and at least 80 percent of their ground floor south wall will be protected from
shade by structures and non-exempt vegetation. The proposed lots can provide a front
lot line that is oriented within 30 degrees of a true east-west axis. The lots cannot provide
for a north-south dimension of 90 feet as the lots are only 60 feet deep. The lots will allow
the structures to have their long axis oriented within 30 degrees of a true east-west axis and
because the public street abuts the southern portion of the lot, at least 80 percent of their
ground floor south wall will be protected from shade by structures and non-exempt
vegetation. Therefore, the proposed plan provides lots which comply with the provisions of
this section.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 8
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Densi : Section 18.92.020 contains standards for determining the permitted project
density. The number of allowable dwelling units is based on the net development
area. The net area is the remaining area, excluding sensitive lands, land dedicated
for public roads or parks, or for private roadways. The net area is then divided by the
minimum parcel size permitted by the zoning district to determine the number of lots
which may be created on a site. The gross area of the site is approximately .79 acres or
approximately 34,412 square feet. The net developable area of the site, after deduction of
20% of the gross area for public right-of-way, is approximately 27,529 square feet. With a
minimum of 3,050 square feet per lot, this site yields an opportunity for up to 9 lots under the
R-12 zoning designation. The applicant is proposing 6 lots, and is therefore, in compliance
with density requirements.
Landscaping: Section 18.100 contains landscaping standards for new development.
The applicant must comply with the standards set forth in Section 18.100.035 which
requires that all development projects fronting on a public or private street, or a
private driveway more than 100 feet in length plant street trees.
Street Trees: Section 18.100.035(6) states the specific spacing of street trees by size
of tree shall be as follows:
1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide
branching) shall be spaced no greater than 20 feet apart;
2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching)
shall be spaced no greater than 30 feet apart;
3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be
spaced no greater than 40 feet apart.
The applicant is proposing to plant Red Sunset Maple trees for street trees. This type of tree
is classified as a medium-sized tree. The proposed plan does not provide the spacing
required for this type of tree. Therefore, a revised landscape plan shall be submitted that
provides for street trees to be spaced no greater than 30 feet apart, along both SW 98th
Avenue and the proposed street.
Visual Clearance Areas: Section 18.102 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 visual clearance area is the
triangular area formed by measuring a 30 foot distance along the street right-of-way
and the driveway and then connecting these two 30 foot distance points with a
straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure, signs, or temporary or permanent obstruction exceeding three feet in
height. The height is measured from the top of the curb, or where no curb exists,
from the street center line grade, except that trees exceeding this height may be
located in this area, provided all branches below eight feet are removed. As indicated
on the site plan, this criteria is satisfied.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 9
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Variance: Community Development Code Section 18.134.050 provides standards for
granting a variance as indicated in bold print below:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to other properties in the same zoning district or vicinity.
The proposed variance will not be detrimental to City standards, nor to adjoining properties
since the side yard still provides a setback on the street, nor does the reduced setback pose
vision clearance problems. All other City of Tigard Community Development Code
standards and Comprehensive Plan Policies have been satisfied with the review and
approval of this subdivision application.
There are special circumstances that exist which are peculiar to the lot size or shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district. The special
circumstances which exist are the City's requirement to provide a public street, the location
of the existing residence, and the site's shape that limits the applicant's choice of locating
the street such that setbacks can be satisfied.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land. The requested variance will in no way affect the
permitted use status of the single-family residential dwellings allowed in the R-12 zone. This
variance is limited to the side yard setbacks on one dwelling. All other City standards will be
maintained as discussed in this review process.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms, or parks will not be adversely affected any more than would
occur if the development were located as specified in this title.. The impact of this
variance will be limited to allowing a slight reduction in the required side yard setback.
Existing natural systems, traffic, and drainage will not be effected by this variance since the
impact of the variance is limited to a slight reduction of the setback from the house to the
street.
The hardship is not self-imposed and the variance requested is the minimum variance
which would alleviate the hardship. The variance is not self-imposed as the variance is
the result of the lot's shape, location of the existing residence, and the City's requirement for
a public street. The variance is the minimum variance necessary as the approximately
4-foot reduction in the side yard setback is the minimum variance which would alleviate the
hardship.
Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal
and protection of trees prepared by a certified arborist shall be provided with a
subdivision application. The tree plan shall include identification of all existing trees,
identification of a program to save existing trees or mitigate tree removal over 12
inches in caliper, which trees are to be removed, protection program defining
standards and methods that will be used by the applicant to protect trees during and
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 10
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after construction. The proposed plans indicate that two existing trees will be removed in
conjunction with this proposal. The applicant shall provide the caliper size of these trees. If
these trees are greater than 12-inch caliper, the applicant shall provide mitigation in
accordance with Section 18.150.070.D.
Subdivision Design: Section 18.160.060(A) contains standards for subdivision of
parcels into four or more lots. To be approved, a preliminary plat must comply with
the following criteria:
1. The proposal must comply with the City's Comprehensive Plan, the applicable
zoning ordinance and other applicable ordinances and regulations. The
proposed subdivision complies with the Comprehensive Plan Map's Medium Density
Residential opportunity for the site, as well as with the applicable policies, regulations
of the R-12 zone, and other applicable ordinances and regulations.
2. The proposed plat name must not be duplicative and must otherwise satisfy
the provisions of ORS Chapter 92. The proposed name of the subdivision, Jacob
Court, is not duplicative of any other plat recorded in Washington County.
3. Streets and roads must be laid out so as to conform to the plats of
subdivisions and maps of partitions or subdivisions already approved for
adjoining property as to width, general direction and in all other respects
unless the City determines it is in the public interest to modify the street or
road pattern. The site does not abut properties with approved plats that would
require conformity or connectivity with the plats of adjoining property.
4. An explanation has been provided for all common improvements. The applicant
has provided an explanation for all common improvements including the provision for
public services such as sewer, water, drainage, and street improvements.
Street and Utility Improvements Standards: Section 18.164 contains standards for
streets and utilities serving a subdivision.
Improvements: Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the classification of the street.
This section is satisfied as the applicant will dedicate additional right-of-way along SW 98th
Avenue and provide for a future public local street.
Minimum Rights-of-Way and Street Widths: Section 18.164.030(E) requires a local
street to have a minimum 44 foot right-of-way and 28 foot paved section between
curbs and sidewalks. This section also requires that a Minor Collector street to have
a minimum 60 foot right-of-way and 40 foot paved section between curbs and
sidewalks. As indicated on the plan, and as discussed in the street section below, this
criteria is satisfied.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 11
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Future Street Plan and Extension of Streets: Section 18.164.030(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
that where it is 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-sac since they are
intended to continue as through streets at such time as the adjoining property is
developed. The proposed plan includes a future street plan that shows a scenario as to
how the adjoining property could potentially develop. The remaining width of the proposed
street will be provided with the future development of the adjoining property. The proposed
street will permit a satisfactory future division of the adjoining property. This future street
plan does not obligate the future property owner to develop this concept in its entirety. This
concept is only one concept for future development that the applicant has designed to show
how the subject properties application can accommodate future development.
Street Alignment and Connections: Section 18.164.030(G) requires all local streets
which abut a development site shall be extended within the site to provide through
circulation when not precluded by environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A
street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection. This section is not
applicable as there is no existing local street that abuts the property which would require
extending.
Cul-de-sacs: Section 18.164.030(K) requires that a cul-de-sac shall be no more than
400 feet long nor provide access to greater than 20 dwelling units. The proposed cul-
de-sac is less than 400 feet and will serve less than 20 units, thereby, satisfying this criteria.
Furthermore, the street has been designed to allow a future street extension into the
property to the south. This extension would further reduce the length of the cul-de-sac.
Block Design: Section 18.164.040(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 18.164.040(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:
1. Where street location is precluded by natural topography, wetlands or other
bodies of water or, pre-existing development or;
2. For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 12
3. For non-residential blocks in which internal public circulation provides
equivalent access.
This criteria is satisfied as the applicant is limited by both existing development and a
railroad from meeting the specified block perimeter. The applicant has provided the
opportunity for future development to accommodate a block perimeter which could meet this
requirement.
Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than
600 feet are permitted, pedestrian / bikeways shall be provided through the block.
Given the existing development to the north and the railroad to the west, the provision of a
pedestrian connection is not necessary.
Lots - Size and Shape: Section 18.164.060(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. As indicated on the site plan, all six
lots comply with this criteria.
Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage
on public or private streets, other than an alley. As indicated on the site plan, all six lots
provide at least 25 feet of frontage on the proposed public street.
Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets.
As indicated on the site plan, a sidewalk is being provided along the street, thereby,
satisfying this standard.
PUBLIC FACILITY CONCERNS:
Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100
(Storm Drains) shall be satisfied as specified below:
STREETS:
This site lies adjacent to SW 98th Avenue, which is classified as a minor collector street to
be built to the following standard: 60-foot ROW, two 14-foot travel lanes, one 12-foot
center turn lane, and two five-foot sidewalks. At present, this roadway is a two-lane paved
street that does not currently meet City standards for width or structural section. In order
to mitigate the traffic impacts related to this development, the applicant will be required to
construct a half-street improvement adjacent to site frontage. In addition, there is only 30
feet of total ROW adjacent to this site (15 feet from centerline). The applicant proposes to
dedicate additional ROW to provide 30 feet from centerline to meet City standards.
The applicant's plan also proposes to extend a new local residential street into this site
from 98th Avenue (shown as Jacob Court on the plan). Staff worked with the applicant
prior to submittal of the subdivision application to arrive at a street layout that would
provide for future development of adjacent parcels. It is Staffs opinion that the proposed
plan will satisfy future street connection needs. The width of the subject parcel is not wide
enough to accommodate a full cul-de-sac bulb. However, the applicant proposes to
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 13
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provide a temporary turn-around on the parcel for emergency vehicle needs. Then, when
the adjacent property develops and the cul-de-sac bulb is finished, the temporary turn-
around could be removed.
The proposed finished width of Jacob Court is a 28-foot wide paved street inside a 40-foot
ROW. This width is acceptable because this street will likely serve less than 50 homes,
that will subject the street to less than 500 vehicle trips per day. This subdivision will build
3/4 of the ultimate paved width as a part of the project, that will provide 22 feet of driving
surface. This will allow safe passage of two-way traffic. When the adjacent property
develops, the street will be completed to its ultimate width. The applicant's plan indicates
that 28 feet of ROW will be dedicated on the final plat for the new roadway, which is
acceptable.
Regarding the bulb size. The plan shows the bulb will have a 45-foot curb radius which is
in excess of the City standard of 35 feet. Therefore, the applicant will have the option of
reducing the size of the bulb to give a curb radius of 35 feet, and a ROW radius of 42 feet.
SANITARY SEWER:
There is an existing 8-inch public sanitary sewer line adjacent to the north boundary of this
site and a 10-inch public sewer line in 98th Avenue, both of which are available to serve
the proposed subdivision. The applicant's plan indicates that the new lots will be served
from the 8-inch line. Since the 10-inch line in 98th Avenue is deep enough to serve the
undeveloped properties south of this site, there is no need for this project to extend public
sewer in that direction.
STORM DRAINAGE:
This site slopes to the west, toward an existing drainage ditch in the Southern Pacific
Railroad ROW. The applicant proposes to direct all of the storm water from this project to
the drainage ditch. Staff agrees that this is a workable option, but suggests the applicant
be required to provide notice to the railroad prior to issuance of construction permits from
the City. It is Staffs understanding that Southern Pacific has leased the railroad to
Portland and Western Railroad; the contact is Scott Berkely at 681-7941 (office) or 920-
2878 (pager).
STORM WATER QUALITY:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as
amended by R&O 91-75) that requires 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. The
R&O also states that in cases where the project area is small, and installation of a water
quality facility would preclude effective development of the site, a fee in-lieu of
constructing a facility can be required. Staff has reviewed this site and has determined
that the applicant would have to lose at least one lot in order to install a water quality
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 14
facility. The loss of one lot in a small project such as this would be impractical and
unwarranted. Staff recommends the applicant be required to pay the fee in-lieu.
The fee is based on the total area of new impervious surfaces in the proposed development
including the new public street and sidewalk areas. In addition, a standard value of 2,640
square feet of hard surface is assessed to each individual lot. Payment of the fee can be
split into two parts: (1) the portion based on surface area of new streets and sidewalk shall
be paid by the applicant prior to approval of the final plat, (2) the portion assessed to each
lot ($180/lot at present) can be paid at the time building permits are issued for the individual
lots.
GRADING AND EROSION CONTROL:
USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and
other pollutants reaching the public storm and surface water system resulting from
development, construction, grading, excavating, clearing, and any other activity that
accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion
control plan for City review and approval prior to issuance of City permits.
APPLICABLE COMPREHENSIVE PLAN POLICIES
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided
an opportunity to participate in all phases of the planning and development review
process. The subdivision is consistent with Policy 2.1.1 because a neighborhood meeting
was held by the applicant, notice of the public hearing was provided to owners of property
within 250 feet and was published in a newspaper of general circulation.
Water QualitX: Policy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and regional water quality
standards. Policy 4.2.1 is satisfied as the applicant shall pay a fee in-lieu of providing on-
site water quality treatment as required by Unified Sewerage Agency Resolution and Order
No. 91-47.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a
condition of development approval that public water, sewer, and storm drainage will
be provided and designed to City standards and that utilities shall be placed
underground. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied -because the developer is
required to extend public sewer and water systems to this site prior to development. In
addition, the developer is required to provide for underground installation of utility lines.
Fire Protection: Policy 7.6.1 states that Fire District shall review all new development
applications to ensure adequate fire protection is available to serve each new
development. Tualatin Valley Fire and Rescue was provided with a copy of the
development plan in compliance with Policy 7.6.1.
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Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated future
growth and development. The subdivision proposal complies with Policies 8.1.1 and 8.1.3
because the proposed extension of improvements to, and within the development, should
contribute to a safe and efficient street system in this area. The existing SW 98th Avenue
improvements are consistent with City of Tigard standards for collector streets. The internal
street serving the subdivision shall also meet City standards in terms of design requirements
for local streets.
Street Improvements. Policy 8.1.3 states that the City will require the following as a
precondition of approval:
1. Development abut a dedicated street or have other adequate access;
2. Street right-of-way shall be dedicated where the street is substandard in width;
3. The developer shall commit to construction of the streets, curbs, and
sidewalks to City standards within the development;
4. The developer shall participate in the improvement of existing streets, curbs,
and sidewalks to the extent of the development's impacts; and
5. Street improvements shall be made and street signs or signals shall be
provided when the development is found to create or intensify a traffic hazard.
The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed
extension of improvements to, and within the development, should contribute to a safe and
efficient street system in this area. The internal streets serving the subdivision shall meet
City standards in terms of design requirements for local streets.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Water Department has reviewed this proposal and has offered the
following comments: The existing four-inch water main is undersized. Developer will be
required to extend an eight-inch water main from SW London Court where the existing
eight-inch main terminates. Fire hydrants to be located on the north side of Jacob Court.
Water main to be located on south side of Jacob Court, five feet off center line. Staff
Contact: Mike Miller (639-4171).
The City of Tigard Police Department has reviewed this proposal and has offered
the following comments: "No parking" signs shall be installed until the adjoining
property is developed and the remaining width of Jacob Street is completed.
The City of Tigard Building Department has reviewed this application and has
offered no comments or objections.
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0002/VAR 96-0008 PAGE 16
• •
SECTION A AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the
following comments: Provide a Fire Department approved turnaround. Post both sides
of the street with Fire Department approved "No Parking" signs. A fire hydrant shall be
located at the intersections. The applicant shall have plans for the placement of hydrants
approved by the Fire District.
Unified Sewerage Agency has reviewed this proposal and has offered the following
comments: Water quality must be addressed in accordance with the requirements of City
code and City adopted R&O 91-47. Each lot must be provided with public storm and
sanitary sewer connection.
GTE has reviewed this proposal and has offered the following comments:
Developer to coordinate trench design with PGE, GTE, and cable TV.
PGE has reviewed this application and has offered no comments or objections.
SUBDIVISION 'APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS
SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE
EFFECTIVEDATE OF THIS DECISION.
PREPARED BY: Will D'Andrea
Assistant Planner
APPROVED BY
1ACURPL WATTYMB96-02. Dec
Richard Bewersd
Planning ManagE
May 31. 1996
DATE
May 31, 1996
DATE
STAFF REPORT TO THE HEARINGS OFFICER SUB 96-00021VAR 96-0008 PAGE 17
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CASE NO.
Jacob Court Subdivision
SUI3 9C-0002
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TO: City of Tigard DATE: April 24, 1996
Planning Department
13125 S. W. Hall Blvd.
Tigard, Or 97225
FROM: Brent Sanborn, Project Manager V & M Eng. Inc. PHONE # 639-3956
FAX # 639-4098
PROJECT: Jacob Court six lot subdivision, 11705 S.W. 98th Avenue.
DEVELOPER: Brad Pihas
Dear City of Tigard:
OWNER: George Heintz
Our intentions at the proposed site at 11705 S.W. 98th Avenue are to subdivide the existing
parcel into six standard lots with an average area of 4,050 sq. ft. per lot. Access will be provided by
a public street built to city standards. A temporary Hammerhead turnaround will provide fire safety
movement until future improvements are constructed to the south. It should be noted that this design
is conducive to future developments, see future development hatch sheet one for clarification.
The storm system is a basic design that provides conduit starting from the roof drain and out
falling into a well-defined ditch in the railroad right-of-way. The system includes storm pickup from
the roof drain which will outfall curbside then sheetflows across the street to a catch basin in the cul-
de-sac. We are applying for a fee-in-lieu-of for water quality treatment.
The sanitary sewer design will utilize a public line to the north of the property. Each lot will
run a four-inch lateral to the eight-inch sanitary sewer line.
Improvements to the R.O.W. along 98th Avenue include a 15 ft. dedication with 5 ft. Curb-
and-sidewalk. New pavement will provide a wider street section. Also, the existing residence
driveway will be replaced with a new entrance.
Landscaping in the form of street trees will also be a part of the development.
Each lot meets or exceeds all minimum solar accessibility requirements including north-south
dimension and front line east-west orientation. The homes to be constructed are a standard two-story
elevation.
Thank you for your time and cooperation. Please, do not hesitate to contact me if I can be
of help in answering any questions or providing you with supplemental information.
Sincerely,
Brent Sanborn E.I.T., Project Manager
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FI t FABRIC L ER
1 A~ ~ ~
STITCHED La TITCHED LOOPS - F\~~~~~~ ~ ~0
3tRAlU BALE3 ITYF)
th filter fabric shall be urchased in a continuous roll cut i 1. ~ ~
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hp 1 n th of the barr(er to a~~oid usp of ofnts. UJhen - to t ~ J ~ g , .,,3 r 't i . v.tl ~.<+Y jaTRAU1 f aTRAU1 BALE - ~ ,JJ . , ~ ~ ~ ~ ° ~ a ~ ~
oints are necessar filter cloth shall be s laced to ether ~ ~.;,a ~ y- p 9 ~ ~ ~ ~
im m ~-in h overly with I ~ oni at a su ort ost, u,~th a min u c p, r,~. , ~ _ _ y pp p ~ r ~ GROUND 5l1RFACE D ~l1RFACE i ~ ~ ~ ti' ' e y• ~ ~
both ends securel fastened to the ost. ~ y p r 'r d~ .f~ ~ J ~ P~ ,
.:~~,j~~. ~lL ~~C~ 4 ~
F ilo the 2. 'The filter fabric fence shall be Instal ed too ~u 6 mfn ~ X R:25~ ~fIN. ~ ~ ~ ~ . ~ ~ ~ . r ~ A
r ~uher f asible. 6 ' ~ COntoU 3 c° ~ i r 24 min ~ '
~ ~ BURY ~ ~ BURL' FABRIC CLEAN plt RUN~OR 2' MINU3 ~ ~ w ~
h Il v ~ 3. Standard or beau dut filter Fabric fence s a ha e y y , ~ Gt2AY~L (CR LARGER A3 NEEDEbI ~ ' m , t~`
r s itched loo s far 2' x 2' ost installations. manufactu ed t p p w~-~~~,
' h Il installed on the u hill side of ~ otitched loo s s a b~ p ~ ~fi~o>~ p ~l. ~ .
the slo ed area. a' Mw ~ u
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hen the have r U' ,
d~. Contractor shall remove filter fabric fences lu y - t
A~rv~~ t.h~ir ug~ful durboae. but not before tl'te ubslope . ~ .
area has been permanentl~ protected and stabilized. e 16203
6EDIMENT
76 5. Contractor shall inspect all erosion control devices CION5TIRUCTION ENTRANCE 7-7 SN4a~
immediate) after each rainfall and at least dais durin
rainfall. An re u1eed re , _ prolonged ~ q pairs shall be made
immediatei y•
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