Hearings Officer Packet - 09/30/19920 0
AGENDA
TIGARD HEARINGS OFFICER
WEDNESDAY, SEPTEMBER 30, 1992 - 7:00 P.M.
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BLVD., TIGARD, OR 97223
1. CALL TO ORDER
2. PUBLIC HEARINGS
2.1 CONDITIONAL USE CUP 92-0003 ROBINSON(KOREAN CHURCH (NPO #7) A request
for Conditional Use approval to allow the conversion of an existing single
family residence into a church with related site improvements. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100,
18.102, 18.106, 18.108, 18.114, 18.130, 18.150, and 18.164; Comprehensive
Plan Policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. LOCATION:
10330 SW Scholls Ferry Road (WCTM 1S1 34AB, tax lot 3300) ZONE: R-12
(Residential, 12 units/acre) The R-12 zone allows single family
attached/detached residential units, multiple-family residential units,
residential care facilities, mobile homes parks and subdivisions, public
support services, family day care, home occupations, temporary uses, and
accessory structures among other uses.
2.2 SUBDIVISION SUB 92-0010 VARIANCE VAR 92-0018 HUTCHINS (NPO #6) A
request for approval of the following development applications: 1)
Subdivision approval to divide a parcel of approximately 0.91 acres into
four lots of ranging between 7,890 and 9,985 square feet in size; and 2)
Variance approval to allow the continued use of an existing gravel
driveway for one parcel whereas Community Development Code Chapter
18.106.050 (4)(J)(5) requires access drives for residential development to
be paved; and Variance approval to Chapter 18.108.070 (C) which requires
a turnaround for access drives greater than 150 feet in length.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50,
18.88, 18.92, 18.106, 18.108, 18.150, 18.160, and 18.164. LOCATION:
14160 SW 97th Avenue (WCTM 2S1 118A, tax lot 1100), west of the terminus
of Mountainview Lane. ZONE: R-4.5 (Residential, 4.5 units/acre) The
R-4.5 zone allows single family residential units, public support
facilities, residential treatment homes, farming, manufactured homes,
family day care, home occupations, temporary uses, and accessory
structures among other uses.
3. OTHER BUSINESS
4. ADJOURNMENT
T I G 0 D H E A R I N G S O F F I CW
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT)
AGENDA ITEM: it CASE NUMBER(S): 0-1)c u
OWNER/APPLICANT: 1 Vt4,OV% J~oVfttq 1rd,1-- r
LOCATION: -LD-7,w 6w S 1 (,Y p L) (161 G 7- ` u-
NPO NUMBER: t1' DATE OF HEARING: 1 JtJ 1
PLEASE PRINT YOUR NAME,. ADDRESS. AND INCLUDE YOUR ZIP CODE
PROPONENT `(For the proposal) OPPONENT Against the proposal)
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T I A D HEARINGS O F F I *R
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT)
AGENDA ITEM: 2 !i CASE NUMBER (S) : ,bUf, Jp 1 Z-0O1D/'VAr9-
OWNER/APPLICrA~NTl: _ J+A~( [ Y~
LOCATION: i -1 I f P) W 4", ~ 2-6' 11 6A
NPO NUMBER: 4r- 6 DATE OF HEARING : J ! ^ ~ 1 Z
PLEASE PRINT YOUR NAME. ADDRESS,. AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT Against the proposal)
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COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON, OREGON 97075
Legal Notice Advertising
' Cit of Ti and ® ❑ Tearsheet Notice
PO U 233§7 R C E B,,,
• Tigard, OR 97223 • ❑ Duplicate Affidavit
OCT m 2 ?99-
CITY OF MAR
Legal
Notice TT 7363
The following will be considered by the Tigard Hearings Officer on
Monday, Sept. 30, 1992, at 7:00 p.m. at Tigard Civic Center - Town Hall,
13125 S.W. Hall Blvd., 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 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 Blvd., Tigard, OR 97223, or by calling 639-4171.
PUBLIC HEARINGS
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss'
1 Judith Koehler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Tigard Times ,
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at TjWd in the
afies~sild county and2 stats3that the
a printed copy of which is hereto annexed, was published in the evo f' wyhichVUisV hereto annexed, was published in the
entire issue of said newspaper for One successive and
consecutive in the following issues:
9/17/92
Subscribed and sworr o before me this 17th day of September, 1992
a
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
CONDITIONAL USE CUP 92-0003
ROBINSON/KOREAN CHURCH (NPO #7)
A request for Conditional Use approval to allow the conversion of an
existing single family residence into a church with related site
improvements. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.54, 18.98, 18.100, 18.102, 18.106,
18.108, and 18.130. LOCATION: 10330 S.W. Scholls Ferry Road
(WCTM 1S1 34AB, tax lot 3300). ZONE: R-12 (Residential, 12
units/acre) The R-12 zone allows single family attached/detached
residential units, multiple-family residential units, residential care
facilities, mobile home parks and subdivisions, public support services,
family day care, home occupations, temporary uses, and accessory
structures among other uses.
SUBDIVISION SUB 92-0010 1 1.,
VARIANCE VAR 92-0018 HUTCHINS (NPO #6)
A request for approval of the following development applications: 1)
Subdivision approval to divide a parcel of approximately 0.91 acres into
four lots ranging between 7,890 and 9,985 square feet in size; and 2)
Variance approval to allow the continued use of an existing gravel
driveway for one of the parcels, whereas Community Development Code
Chapter 18.106.050 (4)(7)(5) requires access drives for residential
development to be improved with asphalt or concrete surface.
APPLICABLE REV4EW CRITERIA: Community Development Code
Chapters 18.50, 18.88, 18.92, 18.102, 18.106, 18.108, 18.132, 18.150,
18.160, and 18.164. LOCATION: 14160 S.W. 97th Avenue (WCTM 2S1
I I BA, tax lot 1100), west of current terminus of Mountainview Lane.
ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows single
family residential units, public support facilities, residential treatment
homes, farming, manufactured homes, family day care, home occupations,
temporary uses, and accessory structures among other uses.
TT7363 -Publish September 17, 1992.
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BEFORE THE LAND USE HEARINGS OFFICER
FOR TIGARD, OREGON
Regarding a request by the Korean Hope ) FINAL ORDER
Presbyterian Church for a conditional use permit )
for a church at 10330 SW Scholls Ferry Road ) CUP 92-0003
in the City of Tigard, Oregon ) (Korean Presbyterian Church)
1. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit for a church on a 2.54-acre
parcel zoned R-12 (Residential, 12 units per acre).
The applicant proposes to convert the 2000-square foot basement of the existing dwelling
on the site into a church. The main floor of the existing dwelling will be occupied by the
pastor. A new 25-space parking lot is proposed on the west side of the dwelling. Access
is proposed from Scholls Ferry Road either opposite its intersection with Conestoga Drive
or at the existing driveway to the property about 110 feet east of that intersection. The
applicant proposes to discharge storm water into the creek southwest of the property. A
biofiltration swale may or may not be improved between the parking lot and the creek.
At the hearing in this matter on September 30, 1992, City staff recommended conditional
approval. The applicant accepted the recommended conditions, but proposed that the
applicant have the option of providing an on-site storm water facility or paying a fee in lieu
thereof. Two members of the public testified. One had concerns about the proposed use
and availability of the staff report. The other had concerns about traffic access and visual
impacts of cars in the proposed parking lot. The hearings officer deferred announcing a
decision until a second site visit could be made to assess visual impacts.
LOCATION: 10330 SW Scholls Ferry Road; WCTM 1 S 1, 34AB, Tax Lot 3300
APPLICANT: Korean Hope Presbyterian Church
PROPERTY OWNER: Chester Robinson
APPLICABLE LAW: Community Development Code Chapters 18.54, 18.100, 18.102,
18.106, 18.108, 18.114, 18.130, 18.150 and 18.164 and Comprehensive Plan Policies
2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1 and 8.1.3; Unified Sewerage Agency Resolution
and Order 91-47 and 91-75
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approved
lI. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size, shape, location and existing use :
1. The site is irregularly-shaped. It varies from about 270 to 370 feet north-south and
from about 280 to 380 feet east-west. It contains about 2.54 acres. It is situated on the
south side of Scholls Ferry Road opposite its intersection with S.W. Conestoga Drive.
Page I - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
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2. The site contains a single family dwelling situated about 37 feet from Scholls Ferry
Road and more than 150 feet from west, south and east property lines. A driveway
situated about 130 feet from the east edge of the site provides vehicular access to the
property from Scholls Ferry Road. The driveway forms a loop on the east side of the
dwelling. There are four outbuildings east and south of the driveway loop. The
majority of the south and west portions of the property contains a garden and the
remnants of an old fruit tree orchard. There are numerous mature conifer and
deciduous trees at the northeast and southeast corners and along the east edge of the
site, several mature oak trees east of the dwelling, and numerous apple, pear, filbert
and plum trees, particularly west of the dwelling.
B. Surrounding uses :
East of the site are the Springwood Terrace and Englewood Terrace apartment
complexes. Northeast of the site is the Parkside shopping center. Directly north of the
site are the Conestoga apartment and On the Green Condominium complexes. West
and south of the site is Englewood Park. About 200 feet west of the site and across the
park property is the Westwood Green apartment complex. About 100 feet south of the
site and across the park property are single family dwellings.
C. Proposed uses and structures :
1. The applicant proposes to convert the 2000-square foot basement of the dwelling
into a church hall and meeting room. The main floor of the dwelling will be occupied
by the church pastor and his or her family.
2. No significant structural changes are proposed to the dwelling except as necessary
to comply with the Uniform Building Code and related building and fire/life safety
regulations. No signs are proposed as part of the conditional use permit application.
3. Based on the preliminary site plan, the applicant proposes to remove the existing
driveway and to replace it with a new 24-foot wide driveway opposite and aligned with
the centerline of Conestoga Drive. That new driveway would provide vehicular access
to a 25-space parking lot west of the dwelling and about 70 to 90 feet from the west
property line. A service drive south of the dwelling will connect the new parking lot to
the existing loop driveway east of the dwelling. A bicycle rack will be installed south
of the dwelling.
4. Based on the text accompanying the application, the applicant will develop a grassy
swale between the parking lot and the creek about 40 feet southwest of the site, and
storm water collected from the structure and paved areas will be directed into the swale
before being discharged.
5. Three 13/4-inch caliper flowering cherry trees will be planted in the new parking lot.
About 4 existing trees on the site will be removed to accommodate the new driveway
and parking lot.
D. Topography and drainage :
The site slopes from a high point of about 185 feet above mean sea level (msl) at the
northeast corner of the site to about 177 feet msl at the southwest corner. Storm water
flows by gravity southwest to the creek situated about 40 feet southwest of the site.
Page 2 - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
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E. Plan designation and zoning :
The site and surrounding land south of Scholls Ferry Road is designated Medium
Density Residential on the Comprehensive Plan Map and is zoned R-12 (Residential,
12 units per acre). Land farther east, south and west is designated Low Density
Residential and is zoned R-4.5 (Residential, 4.5 units per acre). Land across Scholls
Ferry Road to the north is in the City of Beaverton. It is designated and zoned for
medium density residential and local commercial use.
F. Public services and utilities :
1. There is a 15-inch public sanitary sewer line in the southwest corner of the site that
can serve the proposed church as it serves the existing dwelling. The Building Division
notes that a sewer connection permit will be required.
2. The site is served by a public water line, and the applicant can extend a line from
Springwood Road if necessary to fulfill fire flow requirements. Tualatin Fire and
Rescue recommends the applicant install a fire hydrant within 250 feet of all portions of
the building on the site to provide adequate fire flows.
3. The applicant proposes to discharge storm water to the creek southwest of the site
and to provide a storm water quality enhancement features (i.e., grass-lined swale)
between the parking lot and the creek. City staff recommend that the applicant pay a fee
in lieu of providing an on-site water quality feature. The Unified Sewerage Agency
recommends that the applicant provide an on-site water quality facility and provide an
engineering assessment of the impact of storm water from the site on the hydraulic
capacity and function of downstream features. There also may be a storm sewer in
Scholls Ferry Road to which storm water could be discharged.
G. Streets and access :
1. The north edge of the site adjoins SW Scholls Ferry Road, which is under
Washington County jurisdiction and is being improved to comply with Washington
County arterial standards including 4 travel lanes, a center lane for left-turns, curbs,
sidewalks, and a 3-way signal at the intersection with Conestoga Drive.
2. Access to the site is proposed either via the existing driveway or a new driveway
opposite Conestoga Drive. Either access is acceptable to the City.
3. Washington County expressed concern regarding the new driveway. See the
County response form in the file and the County letter regarding CPA 92-01 dated April
13, 1992. Incredibly, ODOT assumed the site would be used for no more than one
single family dwelling when it designed the adjoining Scholls Ferry Road
improvements. It did not provide a left turn refuge on Scholls Ferry Road for
westbound traffic at Conestoga Drive and did not provide for a signal for traffic exiting
the site from a new drive opposite Conestoga Drive. There is, however, a continuous
center lane in Scholls Ferry Road that would function much like a left-hand turn lane
whether the existing or new driveway is used for access to the site. Because of its
concerns about the new driveway, Washington County recommended the applicant
fulfill a number of conditions if the new drive is used. See page 8 of the City of Tigard
Staff Report dated September 23, 1992. City staff recommend that the applicant obtain
a street approach permit from Washington County for the new driveway to ensure that
County concerns are addressed before the new access point is built.
Page 3 - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
III. APPLICABLE APPROVAL STANDARDS
The Hearings Officer incorporates by reference the Applicable Approval Standards in
Section III of the City of Tigard Staff Report dated September 23, 1992.
IV. HEARING AND TESTIMONY
A. Hearing.
The Hearings Officer received testimony at the public hearing about this application on
September 30, 1992. 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.
B. Testimony.
1. Ron Pomeroy testified for the City and summarized the staff report.
2. Richard Givens testified for the applicant. Mr. Givens summarized proposed plans
and argued the site is eminently suitable for the proposed use. He generally accepted
the conditions recommended by City staff. He proposed that the applicant be given the
option of providing an on-site water quality facility or paying a fee in lieu of providing
such a facility, because there is a good opportunity to provide such a facility on the site,
given the location of proposed development, the topography of the site and the nearby
location of the creek. He objected to a request by NPO 7 that sight-obscuring
landscaping be provided along the west edge of the parking lot, arguing that existing
trees and the distance between the parking lot and the nearest dwellings makes such
landscaping unnecessary. Mr. Givens testified that there are now 85 individual
members in the church (about 50 families). He acknowledged that the applicant
understands that, before the church can be expanded or the house replaced with a more
formal church building, such development must be approved by the City pursuant to a
new conditional use permit review process, including a duly noticed public hearing.
He also noted that the applicant is preparing a traffic study for submission to the
County and is willing to comply with County recommendations.
3. Cal Woolery, chairman of NPO 7, testified that his organization reviewed the
application at their meeting on September 2. NPO members had concerns about traffic
access, but were willing to trust the public agencies to resolve them. The greatest
neighborhood concern was with the potential impact of headlights in the parking lot
shining into dwellings to the west. He requested that the Hearings Officer require 4-
foot landscaping to be planted along the west edge of the parking lot. He noted a
similar requirement was imposed on another church in the community, and disputed
whether the distance buffer was enough to prevent headlights from causing adverse
visual impacts.
4. Jack Polans, a resident of King City, testified with questions about the proposed
use and the availability of the staff report and community development code.
5. The Hearings Officer took the matter under advisement pending a second site
inspection to assess the need for sight-obscuring landscaping next to the parking lot.
Page 4 - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
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C. Agency and NPO Comments.
The hearings officer incorporates by reference the agency and NPO comments in
Section IV of the City of Tigard Staff Report dated September 23, 1992.
V. EVALUATION OF REQUEST
A. Compliance with Title 18 (Community Development Code).
1. The proposed use complies with Chapter 18.54, because the proposed use is listed
as a conditional use in the R-12 zone.
2. The proposed use can comply with Chapter 18.100, because the existing and
proposed landscaping will provide adequate screening of the parking and loading areas,
development areas will be landscaped, a tree removal permit can be obtained, and
replacement trees can be planted. A condition is warranted requiring submission and
approval of a tree removal permit to ensure compliance with this chapter.
a. The Hearings Officer concludes that sight-obscuring landscaping or fencing is
needed along the west edge of the parking lot or site to protect adjoining residences
from visual impacts due to headlights in the parking lot. Although distance and
existing vegetation will mitigate those impacts somewhat, the significantly greater
protection afforded by additional landscaping and the relatively low cost of such
landscaping warrant providing the additional mitigation.
2. The proposed use complies with Chapter 18.102, because adequate visual clearance
is required before a road approach permit will be granted by Washington County if a
new driveway is created.
3. The proposed use complies with Chapter 18.106, because the existing and proposed
uses on the site require a total of 22 parking spaces, and the applicant proposes to
provide 25 spaces. Additional spaces exist in the driveway loop east of the dwelling.
Handicapped and bicycle spaces are identified on the site plan.
4. The proposed use complies with Chapter 18.120 because the applicant has
submitted all of the documents and plans required by the Code or will submit them as a
condition of approval.
5. The proposed use complies with Chapter 18.130, because:
a. The site size and dimensions accommodate the proposed development while
preserving existing mature vegetation and providing new vegetation needed to
buffer the use and make it aesthetically compatible with adjoining residential uses.
b. The characteristics of the site are suitable for the proposed use, because it is
large enough to accommodate development and landscaped buffers, and it does not
contains significant physical hazards or natural features that would be adversely
affected by development.
c. Public sewer and water are available to the site and have capacity to serve the
site.
d. The applicable provisions of the R-12 zone are fulfilled as noted above.
Page S - Hearings Off cer f nal order
CUP 92-0003 (Korean Hope Presbyterian Church)
s •
e. The development will be subject to Code provisions regarding signage and site
development review.
L The use will comply with the applicable Comprehensive Plan policies, based on
finding V.B.
g. The site size exceeds 20,000 square feet.
h. The front yard exceeds 25 feet.
i. The rear and side yards exceed 20 feet.
j. Building height does not exceed 45 feet.
6. The proposed use can comply with Chapter 18.150 provided a tree removal permit
is obtained before existing significant trees are removed.
7. The proposed use can comply with Chapter 18.164, because:
a. There are sewer, water and storm drain facilities that can serve the site, provided
the applicant submits connection plans to and receives approval of those plans from
the Engineering Department and Tigard Water District, as appropriate. A condition
is warranted requiring approval of drainage and utility connection plans or permits
to comply with this chapter.
b. The frontage of SW Scholls Ferry Road is being improved to County standard
within right of way that fulfills County requirements. Therefore, the applicant is
not required to improve or dedicate additional land for Scholls Ferry Road per se.
However, additional improvements may be required before the County will approve
a new access point to the site. Given the concerns raised by Washington County
and the lack of objection to the conditions recommended by the County, the
applicant should be required to comply with County requirements for the access
point to the site.
c. The applicant can provide an on-site water quality facility, discharge storm water
into the Scholls Ferry Road storm sewer (if any), or pay a fee in lieu of providing
on-site storm water facilities. Although the City prefers to have the applicant pay a
fee in lieu, the Hearings Officer finds that the site topography, proposed
development, and proximity of the creek make it ideally suited for an on-site
facility. The applicant should be required to provide an easement at least 15 feet
wide over the storm drainage features between the site and the creek and over storm
water quality features on the site. The City may require the applicant to submit
detailed engineered plans and specifications and a maintenance agreement acceptable
to USA and ODEQ before approving an on-site water quality facility.
B. Compliance with applicable Comprehensive Plan Policies.
The Hearings Officer incorporates by reference Section V.B of the City of Tigard Staff
Report dated September 23, 1992.
Page 6 - Hearings Offcerf nal order
CUP 92-0003 (Korean Hope Presbyterian Church)
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C. Compliance with Resolution and Order 91-47.
The proposed use can comply with Resolution and Order 91-47 by providing on-site
storm water quality features or alternatives permitted by law.
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and area that could be affected by the proposed
use.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed use will comply with applicable City of
Tigard approval criteria and development standards, provided development that occurs after
this decision complies with applicable local, state, and federal law and the conditions of this
decision.
In recognition of the findings and conclusions contained herein, and incorporating the
Summary and other reports of affected agencies and public testimony and exhibits received
in this matter, the Hearings Officer hereby approves CUP 92-0003 (Korean Hope
Presbyterian Church), subject to the conditions of approval recommended in Section VI of
the City of Tigard Staff Report dated September 23, 1992, with the following amendments:
1. Condition of approval 3 is amended to read as follows:
If the applicant discharges storm water into the creek southwest of the site, then the
applicant shall obtain a minimum 15-foot wide easement over the storm drainage
line or swale from the site to the creek.
2. Condition of approval 4 is amended to read as follows:
The applicant shall obtain a building permit from the City of Tigard before
undertaking construction or development on the site. The applicant shall show that
the proposed development complies with applicable requirements of the Uniform
Building and Fire Codes, the Americans With Disabilities Act, and other federal,
state, regional and local laws.
3. Condition of approval 5 is amended to read as follows:
The applicant shall submit evidence from a professional engineer licensed in Oregon
that the amount and rate of storm water discharged from the site is not greater after
development than before development, or that downstream structures can
accommodate storm water from the site without exceeding their capacity.
4. Condition of approval 7 is amended to read as follows:
The applicant shall comply with one of the following at the applicant's choice:
a. The applicant shall provide plans for an on-site storm water quality
enhancement facility prepared by a professional engineer licensed in Oregon
showing that such a facility will comply with applicable regulations of the City
of Tigard, USA, and ODEQ. Such plans shall include an agreement to maintain
that facility as provided by law or to reimburse the City and/or USA for its
Page 7 - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
maintenance costs. The plans also shall include appropriate easements over and
around the facility and from the facility to a public street entitling the City and/or
USA access to maintain the facility if the applicant fails to do so in a timely
manner and to charge the applicant for the costs of such maintenance.
b. In the alternative, the applicant shall pay the surface water quality fees
established under the guidelines of USA Resolution and Orders 91-47 and 91-
75. Payment shall be made before the City issues a permit to develop the site
with additional impervious surface.
5. A new condition 9 is added to read as follows:
9. The applicant shall comply with one of the following at the applicant's choice:
a. Plant landscaping sufficient to form a continuous visual barrier at least 31/2
feet high at maturity along the west edge of the proposed parking lot or along
the west edge of the site opposite the parking lot. To implement this condition,
the applicant shall submit a plan to the City before approval of a building permit
for the site. The plan shall be prepared by a landscape architect licensed in
Oregon and shall identify proposed landscape material and its size and spacing
at planting and at maturity. The applicant shall install the approved landscape
material consistent with the approved plan in a timely manner. If the landscape
material is not installed for good cause shown before issuance of an occupancy
permit for the church, (for instance, because the occupancy permit is issued
when landscaping would be unlikely to survive due to seasonal factors), then
the applicant shall submit to the City a cash bond, irrevocable letter of credit, or
other security satisfactory to the City Attorney to ensure the City can install the
landscaping if the applicant fails to do so within 6 months after the occupancy
permit is issued.
b. In the alternative to landscaping, the applicant may install a sight-obscuring
fence along the west edge of the parking lot or along west edge of the site
opposite the parking lot. However, if a fence is used instead of landscaping,
then it shall be installed before an occupancy permit is issued.
L
~Av
Page 8 - Hearings Officer final order
CUP 92-0003 (Korean Hope Presbyterian Church)
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AGENDA ITEM 2.1
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by the Korean Hope STAFF REPORT
Presbyterian Church for Cheater Robinson to CUP 92-0003
allow the conversion of a portion of an existing
single family residence into a church with associated
site improvements.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 92-0003
SUMMARY: The applicant requests Conditional Use approval to allow the
conversion of a portion of an existing single family residence
into a church. A paved parking lot is also proposed.
APPLICANT: Korean Hope Presbyterian Church OWNER: Chester Robinson
10900 SW 121st Avenue 10330 SW Scholls Ferry
Tigard, OR 97223 Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
ZONING DESIGNATION: R-12 (Residential, 12 units per acre)
LOCATION: 10330 SW Scholls Ferry Road (WCTM 1S1 34AB, Tax Lot 3300)
APPLICABLE LAW: Community Development Code Chapters 18.54.040, 18.100.030,
18.100.035, 18.100.110, 18.102.020, 18.106.020(P), 18.106.030(B)(9), 18.108.050,
18.108.080, 18.114.130(B)(1)(d), 18.130.040, 18.130.150(C)(10), 18.150.020(E),
18.150.030(A), 18.164.030(A) and (E), 18.164.070(A)(1)(a), 18.164.090,
18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4,
8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND
A. Backaround Information:
A Comprehensive Plan Amendment (CPA 92-0001) was proposed for this 2.55
acre site to change the Plan and zone designations from Medium Density
Residential, R-12 to Medium-High Residential, R-25. This request was
not approved. No other land use application have been submitted to the
City for this site.
B. Proposal Description:
The applicant requests Conditional Use approval to allow the conversion
of a portion of an existing single family residence into a church. A
paved parking lot is also proposed.
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C.
D.
Vicinitv Information:
0
East: The Springwood Terrace and Englewood Terrace apartment complexes
are located at the intersection of Springwood Terrace and Scholle Ferry
Road. These sites are zoned R-12.
North: The area to the north of Scholle Ferry Road is within the city
limits of Beaverton. The Conestoga Apartments (270 units) and the "On
the Green- condominiums (351 units) are located immediately to the north
of the subject site. A small commercial center, "Parkeide Shope and
offices", is located northeast of the site.
West: Englewood Park, a small neighborhood park, abuts the subject
property and is zoned R-12. Further to the west, the Westwood Greens
apartments are situated at the intersection of SW 121st Avenue and
Scholls Ferry Road.
South: Englewood Park also abuts the south property line of this site.
Beyond this park, the property to the south is zoned R-4.5 and is
developed with sing-family residences.
Existino uses and structures:
A single family residence and outbuildings are located on the site.
Vegetation consists of indigenous grasses, a residential yard, a few
landscaping trees located around the residence, and an old orchard
located on the south and eastern portions of the site.
III. APPLICABLE APPROVAL STANDARDS
A.
Communitv Development Code:
1. Chapter 18.54.040 lists Religious Assembly as a Conditional Use
in the R-12 zone.
2. Chapter 18.130.040 contains the following general approval
criteria for a Conditional Use:
1) The site size and dimensions provide:
a. Adequate area for the needs of the proposed use; and
b. Adequate area for aesthetic design treatment to
mitigate possible adverse effects from the use on
surrounding properties and uses.
2) The characteristics of the site are suitable for the
proposed use considering size, shape, location, topography,
and natural features.
3) All required public facilities have adequate capacity to
serve the proposal.
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4) The applicable requirements of the zoning district are met
except as modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114
(Signs) and Section 18.120.180 (Approval Standards) Site
Development Review, if applicable, are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
3. Section 18.130.150(Cl(10) contains the following additional
Conditional Use criteria for Religious Assembly Use:
a. Lot Size:
i. Minimum lot size shall be 20,000 square feet;
b. Setbacks:
i. The front yard setback shall be a minimum of 25 feet.
ii. On corner lots and through lots, the setback shall be
a minimum of 20 feet, plus meet visual clearance
areas (Chapter 18.102);
iii. The side yard setback shall be a minimum of 20 feet;
iv. The rear yard setback shall be a minimum of 20 feet;
and
v. Each setback shall be increased five feet for every
10 feet of building height over 45 feet.
4. Section 18.64.050(A)(6) specifies that the minimum landscaping
requirement shall be 20 percent.
5. Chapter 18.150.020(E) requires a permit and contains standards for
removal of trees having a trunk 6 inches or more in diameter
measured four feet above the ground on undeveloped residential
land. A permit for tree removal must comply with the following
criteria as specified in Chapter 18.150.030(A):
a. The trees are diseased, present a danger to property, or
interfere with utility service or traffic safety;
b. The trees have to be removed to construct proposed
improvements or to otherwise utilize the applicant's
property in a reasonable manner;
C. The trees are not needed to prevent erosion, instability,
or drainage problems;
d. The trees are not needed to protect nearby trees as
windbreaks or as a desirable balance between shade and open
space;
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e. The aesthetic character in the area will not be visually
adversely affected by the tree removal; and
f. New vegetation planted by the applicant, if any, will
replace the aesthetic value of trees to be cut.
6. Chapter 18.100.110 (Screening: Special Provisions) lists the
specifications for providing screening for parking and loading
areas. Planting materials to be installed should achieve a
relative balance between low lying and vertical shrubbery and
trees. Parking lot trees are to be planted in landscaped island
in all parking areas and shall be equally distributed on the basis
of one tree for each seven parking spaces in order to provide a
canopy effect.
7. Section 18.100.030 requires that all developments fronting on a
public street or private driveway more than 100 feet in length
shall be required to plant street trees in accordance with Section
18.100.035 (Location of Street Trees). The minimum required
spacing is 25 feet with a maximum spacing of 40 feet depending on
the size of the tree.
8. Section 18.102.020 (Visual Clearance) requires that a visual
clearance area be maintained along the intersections of all public
and private right-of-ways.
9. Section 18.106.030(B)(9) (Parking) requires that one parking space
be provided for every six fixed seats, or every 12 feet of bench
length in the assembly area, or every 100 square feet of gross
floor area in the assembly area where there are not permanent
seats, whichever is greater. This code permits up to 25% of the
parking spaces to be compact parking stalls.
10. Bicycle parking requirements (Section 18.106.020(P) states that
one bicycle parking space is required for each 15 automobile
parking spaces.
11. Section 18.108.050 requires that a pedestrian walkway extend from
the ground floor entrances to the streets which provide the
required access and egress.
12. Section 18.108.080 (Access and Circulation - Minimum Requirements)
states that if less that 100 parking spaces are required, the
minimum access width shall be 30 feet with curbs and 24 feet of
pavement width.
13. Chapter 18.114.130(B)(1)(d) states that one freestanding sign up
to 32 square feet may be permitted for a nonresidential use in a
residential zone. Wall signs are limited to five percent of the
size of the wall which the sign is to be mounted on. Sign permits
must be obtained prior to the installation of any sign on the
premises.
14. Chapter 18.164 contains standards for streets and utilities.
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a. Section 18.164.030(A) requires streets within and adjoining
a development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.030(E) requires an arterial to have a
minimum 60-90 foot right-of-way and 12 feet per lane
minimum roadway width, and 2-4 moving lanes.
C. Section 18.164.070(A)(1)(a) requires sidewalks adjoining
both sides of arterial streets.
d. Section 18.164.090 requires sanitary sewer service.
e. Section 18.164.100 requires adequate provisions for storm
water runoff and dedication of easements for storm drainage
facilities.
B. Anolicable Comvrshensive Plan Policies.
1. 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.
2. 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.
3. Policy 7.1.2 provides 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 utilities
placed underground.
4. Policy 7.3.1 provides the City will coordinate water services with
water districts.
5. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
6. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
7. Policy 8.1.3 provides the City will require as a precondition of
approval that:
a. Development abut a dedicated street or have other adequate
access;
b. Street right-of-way shall be dedicated where the street is
substandard in width;
C. The developer shall commit to construction of the streets,
curbs, sidewalks to City standards within the development.
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d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the
development's impacts;
e. 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.
IV. NPO & AGENCY COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and
offers the following comments:
A. Streets:
The site is located on SW Scholls Ferry Road directly across from the
intersection of Scholls and Conestoga Drive. Southwest Scholls Ferry
Road is being improved to meet Washington County arterial standards.
No additional right-of-way is needed as it was acquired prior to the
start of the improvements. The applicant is proposing to move the
existing access drive from its current location to line up with SW
Conestoga Drive. The applicant should be required to obtain a Facility
Permit from Washington County prior to doing any work within the right-
of-way of Schools Ferry Road.
B. SANITARY SEWER:
There is an existing 15 inch public line located in the southwest corner
of the parcel that could serve this development. The applicant is
proposing to connect to this line. The applicant or the applicants'
engineer should verify the location and depth of the line.
C. STORM SEWER:
The applicant is proposing to drain the site to the creek which is
located in the southwest corner of the parcel.
The Unified Sewerage Agency has established, and the city has agreed to
enforce, (Resolution and Order No. 91-47) Surface Water Management
Regulations requiring the construction of on-site water quality
facilities or fees in-lieu of their construction. Construction of an
on-site water quality treatment facility is not appropriate because the
with reference to this development plan; i.e., the loss of area for the
on-site facility would preclude effective development of this property.
In addition, requiring surface water quality facilities on small sites
would result in numerous facilities that would become a maintenance
burden to the City. Furthermore, the applicant has not proposed any
such facilities and there are no natural depressions or other areas of
this site that are particularly suitable for water quality facilities.
Regional facilities, funded by fees in-lieu of construction of these
facilities, would provide the required treatment with improved
reliability and less maintenance. Therefore, the applicant should be
required to pay the fee in-lieu of constructing an on-site facility.
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2. The City of Tigard Building Division has noted that a sewer permit shall
be obtained prior to the connection of the building to the sanitary
sewer. The building will also be required to conform to the standards
set forth for a commercial building. These standards shall include (but
not be limited to): stairs and landings, ramps, exits, set-backs from
property lines, bathroom facilities, fire extinguishers, glazing subject
to human impact, disabled person parking stalls, structurally being able
to support the design loads for an assembly use. Plans must be
submitted for review that show the building will comply. A permit will
be required for any alterations to the building.
The applicant shall be made aware of the American Disabilities Act, now
in effect, which requires that the building conform to the ADA
requirements for accessibility.
The applicant should contact the Washington County Electrical Inspector
for any regulations pertaining to the electrical code (640-3470).
In addition, a Traffic Impact Fee (TIF) will be required.
3. Tigard Water District does not object to this proposal. However, the
Water District is concerned about fire protection for this site. This
is due in part to the State Highway improvements along SW Scholls Ferry
Road, which will make it difficult to extend the existing water line
along SW Scholls Ferry Road from SW Springwood Drive. It will be the
responsibility of the developer to extend the water line and have a fire
hydrant placed within 250 feet of all portions of the building. It has
been stated by Tualatin Valley Fire & Rescue that fire hydrants on the
north side of Scholls Ferry Road (City of Beaverton side) could not be
used due to safety of the Fire personnel.
4. Tualatin Valley Fire & Rescue has stated that the structure shall be
made to comply with the Uniform Building Code for this change of use.
5. Unified Sewerage Agency (USA) recommends approval of this application
with the following conditions:
a. An erosion control plan in conformance with the Agency's R&O 91-
47, Chapter 5, as amended by 91-75, and consistent with current
construction guidelines, should be required;
b. All new public storm and sanitary sewer designs shall conform to
the Agency's R&O 91-47, Chapter 3, as amended by 91-75;
C. On-site water quality facilities should be required:
d. The impact of the developed surface water runoff on downstream
structures should be evaluated. If the project causes or
contributes to downstream flooding of structures, on-site
detention or system upgrade should by required.
6. Washington County has reviewed this application and states that while
ODOT is comfortable with the adequacy of the operation of the curb cut
on this site for a single family home, MOT loses comfort if the
driveway is to be utilized for anything else. Construction plans for
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the Scholls Ferry improvements do not call for a "fourth leg" of the
Cone stoga/Scholls Ferry intersection. As such, ODOT will not be
constructing a left turn refuge, nor a left turn signal for westbound
traffic at this intersection. The property owner has an approved County
issued Access Permit for an access that would essentially create this
fourth leg. Therefore, WASHCO provides the following recommendations:
a) Prior to a change of use of the single family home, the
applicant/owner shall provide detailed information proving the
adequacy of function of the existing access to Scholls Ferry Road
to serve the proposed use. Prior to Creation of a "fourth leg"
of this intersection, the owner/applicant shall:
1. Provide proof that the County has issued an access permit
for an access at this location.
2. Provide detailed information from a registered professional
Traffic Engineer proving the adequacy of function of the
intersection. Required information shall include the
function of such improved intersection in relation to:
a. The SW Conestoga/Scholls Ferry Road intersection;
b. The SW Springwood/Scholls Ferry Road intersection;
C. The access to SW Scholls Ferry Road for the Parkside
Shops/Offices located on the north side of Scholls.
3. Construct a left turn refuge in accordance with County Road
Design Standards for westbound Scholls Ferry traffic at the
Conestoga/Scholls Ferry intersection.
4. Placement of a left turn signal for westbound Scholls Ferry
traffic at the Conestoga/Scholls Ferry intersection.
5. Closure of the existing access to the site.
WASHCO also states the requirements listed in a letter from WASHCO to
the Tigard Planning Department regarding a proposed Comprehensive Plan
Amendment (CPA 92-0001) and dated April 13, 1992 (attachment A) also
apply.
7. The City of Tigard Operations Department, Portland General Electric,
School District #23J, and the Metropolitan Area Communications
Commission have reviewed the proposal and have offered no comments or
objections.
V. EVALUATION OF REQUEST
A. Comuliance with Communitv Develovment Code.
Section 18.130.040: The construction of a church in an R-12 zone and the
creation of on-site parking for a Religious Assembly use requires a
Conditional Use approval. This proposal is consistent with the
HEARINGS OFFICER - CUP 92-0003 - KOREAN CHURCH/ROBINSON PAGE 8
applicable criteria. The site provides adequate area for the
construction of the proposed church and related parking. There are no
apparent physical obstacles to this use on the site. Adequate public
utilities are available to serve this use as addressed further in this
report. Setbacks, lot coverage, and building height requirements of the
R-12 zone, and the applicable Comprehensive Plan Policies can be
satisfied by this proposal.
Section 18.130.150(C1(101.: The construction of the proposed church and
related parking either meet or exceed all lot area and setback
requirements of this code section. This site is approximately 2.55
acres in area. The front yard setback of the existing structure is
approximately 35 feet. The rear yard and side yard setbacks are greatly
exceeded. Additionally, the 20 percent landscaping coverage requirement
of Section 18.54.050 is greatly exceeded.
Section 18.100.110 (Screening: Special Provisions) lists the
specifications for providing screening for parking and loading areas.
The proposed landscaping plan indicates that existing landscaping will
be largely retained. This landscaping screens the front of the site
from Scholls Ferry Road and virtually encircles the perimeter of the
parking area. There are numerous established trees on this site. In
addition to the existing trees which shall be preserved, three new trees
are proposed to be added to the new parking area. The provision of 25
parking spaces requires the provision of a minimum of four parking lot
trees. The three new trees, plus the number of existing trees which are
to be preserved in close proximity to the parking area, surpass the
number of parking lot trees required for this development.
Sections 18.100.030 and 18.100.035 (Street Trees) are satisfied as
demonstrated on the preliminary site plan. The minimum required spacing
for street trees is 25 feet with a maximum spacing of 40 feet. The
applicant proposes to retain the existing 10 street tree along the
site's frontage on SW Scholls Ferry Road. Additionally, the site plan
indicates the.existence of numerous deciduous and conifer trees located
in the northeast corner of the site. The street frontage of this site
is approximately 390 feet. This distance requires the provision of a
minimum of ten street trees. The landscaping plan as submitted provides
for more than 10 street trees along this distance. Therefore, these
code requirements have been satisfied.
Section 18.102.020 (Visual clearance) requires that a visual clearance
area be maintained along the intersections of all public and private
right-of-ways. The applicant proposes to relocate the existing driveway
from the east side of the site to the west side of the existing house.
The applicant is proposing to retain the existing trees near the
proposed westerly driveway location. Those trees which are within the
vision clearance area shall be limbed up to eight feet in height to
provide for adequate vision clearance for the driveway/right-of-way
intersection. Therefore, this code section shall be satisfied.
Section 18.106.030(B)(9) (Parking) has been satisfied by the provision
of 25 parking stalls. The proposed basement meeting room is
approximately 2,000 square feet in area. The assembly area calculation,
which yields the greatest number of required parking spaces, requires
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a minimum of 20 parking stalls. Additionally, the site plan provides
for one disabled person parking space. The newly adopted ADA standards
(Americans with Disabilities Act) requires the provision of one such
parking stall. Therefore, these parking requirements have been
satisfied.
Bicycle parking requirements (Section 18.106.020(PI) states that one
bicycle parking space is required for each 15 automobile parking spaces.
Therefore, two bicycle parking spaces are required. The applicant has
indicated that bicycle parking spaces shall be provided on site to the
south of the existing residence. This code requirement has been
satisfied.
Section 18.108.050 requires that a pedestrian walkway extend from the
ground floor entrances to the streets which provide the required access
and egress. The site plan does not propose such a pedestrian walkway.
Therefore, this code requirement has not been satisfied. A condition
requiring this walkway is warranted.
Section 18.108.080 (Access and Circulation - Minimum Requirements)
states that if less that 100 parking spaces are required, the minimum
access width shall be 30 feet with curbs and 24 feet of pavement width
required. Since this application proposes to provide 25 parking spaces,
the required paved width for access, egress and on-site circulation
shall be 24 feet. As demonstrated on the site plan, this proposal
conforms to these standards.
Section 18.114.130(H)(1)(d) (Signs) allows the placement of wall, and
freestanding signs on this site. No signs have been proposed as part
of this development. Sign permits shall be obtained prior to the
installation of any sign on this premises.
Section 18.150 (Trees) which requires permits for the removal of trees
has not been satisfied. The site plan indicates an intent to remove
four trees from the area of the proposed parking lot and driveway. A
tree removal permit shall be applied for and obtained prior to the
removal of any such trees on this site.
Section 18.164.030(EI (Minimum Rights-of-way and Street Widths) contains
the regulations pertaining to street standards. Southwest Scholls Ferry
Road is classified as an arterial. Scholls Ferry Road is currently
being improved to meet Washington County arterial standards. No
additional right-of-way is needed as it was acquired prior to the start
of the current improvements. The applicant is proposing to move the
existing access drive westerly from its current location to line up with
SW Conestoga Drive. The applicant should be required to obtain a
Facility Permit from Washington County prior to doing any work within
the right-of-way of Schools Ferry Road.
Since Washington County has raised concerns regarding both the alignment
of the driveway intersection onto SW Scholls Ferry Road, and the
operational impacts resulting from the alignment options, the City shall
condition this approval upon the acceptance of one of the proposed
options by WASHCO. Should this property be developed at maximum R-12
apartment density, this 2.55 acre site may accommodate up to 30 dwelling
HEARINGS OFFICER - CUP 92-0003 - KOREAN CHURCH/ROSINSON PAGE 10
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units. The applicant states that multi-family development generates
about 6.5 trips per day according to the ITE Manual and, therefore, the
site could generate about 195 trips per day. The proposed church use
will generate less traffic (about 100 trips on Sunday, less other days)
and have a considerably lesser impact upon the Scholls Ferry corridor
than would be realized at full residential development. Therefore,
since the question is not one of use, but is rather one of design, the
City recommends a condition of approval to this effect.
Public Utilitv Concerns:
Sections 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains)
shall be satisfied as specified below:
1. SANITARY SEWER:
There is an existing 15 inch public line located in the southwest
corner of the parcel that could serve this development. The
applicant is proposing to connect to this line. The applicant or
the applicants, engineer should verify the location and depth of
the line.
2. STORM SEWER:
The applicant is proposing to drain the site to the creek which
is located in the southwest corner of the parcel.
The Unified Sewerage Agency has established, and the City has
agreed to enforce, (Resolution and Order No. 91-47) Surface Water
Management Regulations requiring either the construction of on-
site water quality facilities, or fees in-lieu of their
construction. Construction of an on-site water quality treatment
facility is not appropriate because the development plan for this
site is small and the loss of area for the on-site facility may
well preclude the effective and more intensive development of this
parcel in the future. In addition, requiring surface water
quality facilities on small sites would result in numerous
facilities that would become a maintenance burden to the City.
Furthermore, the applicant has not proposed any such facilities
nor are there any natural depressions or other areas of this site
which are particularly suitable for a water quality facility.
Regional facilities, funded by fees in-lieu of construction of
these facilities, would provide the required treatment with
improved reliability and less maintenance. Therefore, the
applicant should be required to pay the fee in-lieu of
constructing an on-site facility.
B. Compliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive
Plan Policies as follows:
1. Policy 2.1.1 is satisfied because NPO #7 has been informed of this
proposal and has been given an opportunity to comment. In addition,
HEARINGS OFFICER - CUP 92-0003 - KOREAN CHURCH/ROBINSON PAGE 11
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notice of the public hearing specifying an opportunity to comment has
been sent to nearby property owners. The site has been posted with a
Land Use Action sign noting that a land use development application is
pending for this property. Public testimony regarding the proposal was
received and duly considered at the Hearing Officer's September 30, 1992
hearing.
2. Policy 4.2.1 is satisfied because the City shall require a fee-in-lieu
of the installation of an on-site water quality treatment facility.
3. Policies 7.1.2, 7.3.1 and 7.4.4 provide 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. This conditional use permit
proposal complies with these policies because the applicant will extend
public sewer and water systems to this site and will provide for
underground installation of telephone, electricity, and cable television
lines. Additionally, the City will assist in the coordination of the
provision of water services with Tigard Water District.
4. Policy 8.1.1 and 8.1.3 provide that the City will plan for a safe and
efficient street and roadway system that meets current needs and
anticipated future growth and development.
This application complies with Policies 8.1.1 and 8.1.3 because the
required road improvements are presently occurring on SW Scholls Ferry
Road and because of condition of approval number one relative to design.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request and proposed
major modification of this existing site will promote the general welfare of the
City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies
with applicable local state and federal laws.
In recognition of the findings staff recommends APPROVAL of subdivision proposal
CUP 92-0003 subject to the conditions which follow.
ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR
COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE
CHRIS DAVIES IN THE ENGINEERING DEPARTMENT, 639-4171.
1. The applicant shall submit a traffic study to Washington county which
addresses the options for making use of the existing access, and the
construction of a fourth leg of the Conestoga/Scholls Ferry
intersection. Additionally, the applicant shall submit an analysis of
the operational impacts of these options on the Conestoga/ Scholl s Ferry
intersection, the Springwood Drive/Scholls Ferry intersection, and the
"Parkside Shope/Offices" access onto Scholls Ferry Road as requested by
Washington County. If the County's approval of a driveway alignment
HEARINGS OFFICER - CUP 92-0003 - KOREAN CHURCH/ROBINSON PAGE 12
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differs from that shown on the preliminary site plan, a new site plan
shall be submitted which indicates this change.
2. The applicant shall obtain a facility permit from the Department of Land
Use and Transportation of Washington County, to perform work within the
right-of-way of SW Scholls Ferry Road. A copy of the approved permit
shall be forwarded to the City Engineering Department.
3. The applicant shall obtain a Street Opening Permit from the Engineering
Department prior to connecting the building to the sanitary sewer
system.
4. 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.
5. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly
impacting properties downstream.
6. A tree removal permit shall be obtained prior to the removal of any
trees over six inches in diameter from this site. STAFF CONTACT: Victor
Adonri, Planning Division.
7. The applicant shall be required to pay the surface water quality fees
as established under the guidelines of Unified Sewerage Agency
Resolution and Order No. 91-47. NOTE: This is a two part fee which is
paid at different times. The first portion is paid with the public
improvements for that portion of the development which increases the
impervious area within the public right-of-way. The second portion is
paid at the time of Building Permit issuance which for each individual
lot.
8. The site plan shall be revised to indicate the provision of a pedestrian
walkway leading from the main entrance of the structure to SW Scholls
Ferry Road. STAFF CONTACT: Ron Pomeroy, Planning Division.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE
OF THIS DECISION.
s
Prepared By: Ron Pom
Assistan;/Pla_nner
r
rV C
Approv& By: Dick Bewerrff
Senior Planner
T- z 3- -(2-
Date
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Date
HEARINGS OFFICER - CUP 92-0003 - KOREAN CHURCH/ROBINSON PAGE 13
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CONDITIONAL USE PERMIT APPLICATION
KOREAN HOPE PRESBYTERIAN CHURCH
INTRODUCTION:
This application requests approval of a Conditional Use Permit to establish a church on
property located at 10330 S.W. Scholls Ferry Road. The subject property, which is de-
scribed as Tax Lot 3300 of Map No. 1S 1 34AB, contains an existing single family residence.
It is proposed that this existing home be used as a temporary meeting place for the church
until such time as the congregation can afford to build a permanent church facility on this
site. The basement of the existing home proposed to be used for worship services, while the
main floor will be used as a residence for the pastor's family.
The subject property is designated Medium Density Residential by the Comprehensive Plan
and is zoned R-12. Churches are a listed as a Conditional Use in this zoning district.
This report has been prepared on the behalf of the applicant, The Korean Hope Presbyteri-
an Church of Tigard, which has an option to purchase the subject property. The owner of
record, Mr. Chester Robinson, has given his authorization for the submittal of this applica-
tion for Conditional Use Permit approval (see attached letter). This report will demonstrate
that the proposed use complies with the relevant approval criteria and development stand-
ards of the Tigard Community Development Code.
DESCRIPTION OF PROPOSED USE:
The Korean Hope Presbyterian Church presently has a congregation comprised of approx-
imately 50 families. As mentioned above, it is proposed that the church will meet in the
basement of the home on the subject property. This basement has a floor area of approxi-
mately 2,000 square feet. The church proposes to have two worship services on Sunday: a
morning service from approximately 10:00 a.m. to noon, and an afternoon service from 4:00
to 6:00 p.m. In addition to Sunday services, the church will have an evening meeting on
Wednesdays from approximately 7:30 to 9:00 p.m. Additionally, a small bible study group
will meet once a week in the home of the pastor. A parking lot is proposed to be construct-
ed on the property to provide for the parking needs of the church.
1
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CONDITIONAL USE PERMIT APPROVAL CRITERIA:
A. The size and dimensions of the site at which the conditional use will occur must provide
adequate area for the needs of the proposed conditional use,
Comment: The subject property is 2.54 acres in area, is gently sloping to the south-
west, and is proportioned such that all of the site is usable. The site plan submitted with
this application shows the location of the existing home on the subject property as well
as the planned parking lot improvements. This drawing demonstrates that the site is
of adequate size and physical configuration to support the proposed use.
B. The characteristics of the site must be suitable for the proposed conditional use. Charac-
teristics to consider are such things as size, shape, location, topography and natural fea-
tures;
Comment: The suitability of the site in terms of size and shape have been addressed
in the comment on Criterion "A", above. The location of the subject property is ideal
for the proposed use. The site has frontage on Scholls Ferry Road and can be provid-
ed with access at the signallized intersection of Connestoga Drive with this street. This
direct access to an arterial street means that the proposed use will not have to make
use of local streets, thereby avoiding undesirable traffic in residential areas. The site is
also ideal in that it is buffered from Low Density Residential areas to the south by a
City park so that any potential noise impacts upon this residential neighborhood is
buffered by the park. Site topography is depicted on the site plan. The site is very
level (less than 5 percent in grade) over the majority of the property, with a small area
of steeper slopes in the southwest corner (approximately 8 percent in grade). Thus,
the site terrain poses no constraints to development. The vegetation on the subject
property consists of landscaping around the home and a garden area along the south-
ern border of the property. No significant natural areas exist on the property and,
therefore, the proposed use will not have any impact upon such areas.
C. All public facilities needed by the proposed conditional use must have adequate capacity
to serve the use,
Comment: The subject property fronts on Scholls Ferry Road. This roadway is
undergoing major improvements by Washington County to provide four travel lanes
and a center left turn lane. All right-of-way required for these improvements has
already been deeded to the County. A traffic light is also planned to be installed at the
intersection of Connestoga Drive with Scholls Ferry Road. With these improvements,
this roadway will meet County arterial standards and, thus, will be fully capable of
serving the proposed Conditional Use. Sanitary sewer is available from a sewer main
located at the southwest corner of the subject property. This line is a fifteen inch
sewer main and has capacity to serve the proposed use. Water service is available
from Tigard Water District. The existing home is connected to the water main in
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Springwood Drive. Storm drainage from the subject property can be accommodated
by the natural stream corridor in Englewood Park to the south of the subject property.
Storm drainage from the parking lot is proposed to be channeled through a grassy
swale, as shown on the site plan, to provide for treatment of the storm water, and
drained to the creek. Fire protection is provided by Tualatin Valley Fire and Rescue
District.
D. Any applicable requirements for the zoning district in which the conditional use will take
place must be met. Those requirements that are modified by the Community Develop-
ment Code's Conditional Use chapter, however, are exempted
Comment: The minimum dimensional standards of the R-12 District are: a 20,000
square foot minimum lot size (the subject property is 2.54 acres in size and, thus,
exceeds this standard); a 25 foot minimum front yard setback (a special 75 foot set-
back from the centerline of Scholls Ferry Road is also required by the Code. The
existing house has a setback in excess of 30 feet from the right-of-way and approxi-
mately 80 feet from centerline of the road); 20 foot side and rear yard setbacks (the
existing home is centrally located on the subject property and has side and rear yard
setbacks which greatly exceed these minimums); and a 35 foot maximum height limit
(the existing home is a single-story ranch home which is well under this maximum
height standard). The district requires that a minimum of 20 percent of the site area
be landscaped (as noted on the site plan, the landscaped area greatly exceeds this
standard). A minimum lot frontage of 25 feet is required (the subject property has in
excess of 400 feet of frontage on Scholls Ferry Road). There are no other specific
standards of the zoning district which would directly apply to this proposed use.
E. Any supplementary requirements applicable to the conditional use must be met. These
may be such requirements as sign standards, landscaped buffers, restrictions on operating
hours, etc.
Comment: Plans for signage have not been developed as of this time. A separate
application for a sign permit will be made if this Conditional Use Permit is approved.
Compliance with sign standards will be demonstrated at that time. The parking stand-
ards for churches require a minimum of one parking space per 100 square feet of
assembly area. The basement area of the home contains approximately 2,000 square
feet. As shown on the site plan, a paved parking lot containing 25 parking spaces will
be provided. The parking lot will also provide one parking space for disabled persons.
Landscaping requirements for parking lots require that one tree be provided in or
near the parking lot for each seven parking spaces. The site plan shows four new trees
in the parking area to comply with this standard.
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F. The conditional use applied for must comply with all the applicable policies of the com-
prehensive plan.
The applicable policies of the Comprehensive Plan are 2.1.1, 6.6.1, 7.1.2, and 8.1.3.
Policy 2.1.1 will be satisfied because N.P.O.7 and surrounding property owners will be
given appropriate of the hearing on the proposed use and will be given the opportuni-
ty to comment on the proposed conditional use.
Policy 6.1.1 will be satisfied because existing roadways, neighborhood park, fencing,
and existing vegetation will appropriately screen the proposed use from adjacent
residential uses. The only new improvement to be constructed on site will be the
parking lot for the church use. New tree plantings are depicted on the site plan for this
area.
Policy 7.1.2 is satisfied because adequate water, sanitary sewer, and storm sewer facili-
ties are available to serve the proposed use, as discussed earlier in this report.
Policy 8.1.3 is satisfied because the ongoing improvement project along S.W. Scholls
Ferry Road will improve this street to full arterial standards.
4
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EXISTING LAND USE
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Robt. & Kathleen Hutchins ) FINAL ORDER
for approval of a preliminary plat for a 4-lot subdivision ) SUB 92-0010
in the R-4.5 zone for land at SW 97th Avenue and SW ) VAR 92-0018
Mountain View Lane in the City of Tigard, Oregon ) (Mountain View Estates)
1. SUMMARY OF THE REQUEST
The applicant requests approval of a preliminary plat to subdivide a 0.91-acre parcel into 4
lots ranging from 7500 to 9985 square feet. Proposed lots do or can comply with
minimum dimensional requirements of the R-4.5 zone. All lots will be used for single
family detached dwellings and will be served by public water and sewer systems. Only
two of the proposed lots comply with the solar access standards for new development; an
adjustment is requested to waive compliance for the other two lots.
Access for three of the lots will be by means of an extension of Mountain View Lane from
a stub at the east edge of the site across the site and a private driveway extending north
from that street. The applicant will dedicate and improve the right of way for the extension
of Mountain View Lane, which will taper as it extends east to west across the site. Access
for the fourth lot will be by means of an easement accross adjoining property to the west.
Because the driveway for the fourth lot does not comply with standards for a private street,
(i.e., it is gravel, exceeds 150 feet and does not contain a turn-around), the applicant
requests approval of variances from § 18.108.070.
Hearings Officer Larry Epstein held a duly noticed public hearing regarding the applications
on September 30, 1992 and held open the record for 10 days thereafter to receive additional
evidence. At the hearing, City staff recommended conditional approval of the subdivision.
The applicant accepted the recommended conditions of approval. Five area residents
testified. Two of the witnesses raised concerns about cost-sharing for the private driveway
and the relationship of this subdivision to two other subdivision applications that were
denied in 1991 (SUB 90-0013/VAR 90-0037 and SUB 90-0007NAR 90-0011). One
witness asked about applicable approval standards and availability of the staff report. The
two remaining witnesses testified with concerns about Mountain View Lane and the
relationship of the subdivision to access for future developments onto 97th Avenue.
LOCATION: 14160 SW 97th Avenue, WCTM 2S1 11BA, Tax Lot 1100
APPLICANTS & PROPERTY OWNERS: Robert and Kathleen Hutchins
SITE AREA: About 0.91 acres (39,730 square feet)
APPLICABLE LAW: Community Development Code Ch. 18.50.050, 18.88.040,
18.92.020, 18.108.070, 18.134.050, 18.150.020, 18.160.060, 18.160.120, 18.164.030,
18.164.060, 18.164.070, and 18.164.100 and Comprehensive Plan policies 2.1.1, 4.2.1,
7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3
STAFF RECOMMENDATION: Conditionally approve
EXAMINER'S DECISION: Conditionally approved
Page 1 - Hearings Officer decision
SUB 92-0010/VAR 92-0018 (Mountain View ,Estates)
0 9
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and shape :
The site is a rectangular parcel about 274 feet north-south and 145 feet east-west and
contains about 0.91 acres.
B. Site location :
The site adjoins the west stub of SW Mountain View Lane west of 93rd Avenue. It is
about 400 feet east of SW 97th Avenue, 425 feet south of McDonald Street and about
700 feet north of Twality Junior High School.
C Existing uses and structures :
There is a dwelling situated about 115 feet from the south edge of the site, 105 from the
north edge of the site, 25 feet from the west edge of the site, and 70 feet from the east
edge of the site. A gravel driveway leads from SW 97th Avenue to the northwest
corner of the site. The remainder of the site is not developed with structures.
D. Proposed uses and structures :
1. The applicant proposes to divide the site into four lots, a private driveway, and a
public right of way. The name of the proposed subdivision is Mountain View Estates.
a. The southerly lot will contain about 7500 square feet. It will have an average lot
depth of 120 feet and average lot width of 68 feet. This lot will have about 47 feet
of frontage on the private drive and 120 feet of frontage on Mountain View Lane.
b. The middle lot will contain about 9410 square feet. It will have a depth of about
105 feet and width of 88 feet. Based on the preliminary plat, it has only 15 feet of
frontage on the private drive; but lot lines can be adjusted to provide a minimum of
25 feet of frontage on the private drive. The existing home will remain on this lot.
The home will have side yard setbacks of 13 to 18 feet, a rear yard setback of 25
feet, and a front yard setback of 30 feet.
c. The northeast lot will contain about 8400 square feet. It will have an average lot
depth of about 151 feet (after adjusting lot lines to provide 25 feet of frontage for
the middle lot). The lot width varies from 40 feet to 62 feet; the average width is 53
feet. This lot has 25 feet of frontage on the private street. The lot has a front lot line
oriented within 30 degrees of a true east west line and a north-south dimension of
more than 90 feet.
d. The northwest lot will contain about 7500 square feet. It has a width of 83 feet
and a depth of about 90.3 feet. This lot has no frontage on the proposed private
street or Mountain View Lane. It has more than 25 feet of frontage on an existing
private driveway that extend across an adjoining lot about 400 feet to SW 97th
Avenue. The driveway has a gravel surface about 10 feet wide. The lot has a front
lot line oriented within 30 degrees of a true east-west line and a north-south
dimension of more than 90 feet.
2. The applicant will build a private drive within a 25-foot easement from SW
Mountain View Lane about 70 feet to the south edge of the northeast lot. The applicant
Page 2 - Hearings Officer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
also will dedicate a right of way for and improve SW Mountain View Lane across the
south edge of the site. The right of way width will taper from 50 feet at the east edge of
the site to about 26 feet at the west edge of the site.
3. The applicant also will provide for storm water drainage and pay a fee in lieu of
providing on-site water quality features. See finding II.F.
E. Existing and proposed vegetation :
There are several conifer trees and assorted deciduous trees and other landscaping
materials on the site. The proposed development's private street, utilities, and
residences will require the removal of a significant number of trees. The hearings
officer assumes that the site will be landscaped with vegetation typical of other
developed lots in the vicinity.
F. Topography and drainage :
1. The site slopes gently from the south to the north. No grading plan or preliminary
drainage plan has been submitted.
2. There is a public storm sewer in Mountain View Lane east of the site. The nearest
catch basin is about 100 feet east of the site. The applicant could route storm water to
Mountain View Lane where it would flow by gravity to the existing catch basin. In the
alternative the applicant could provide a catch basin and pipelines on-site to carry the
water to the Mountain View Lane system.
G. Plan designation and zoning :
The site and vicinity are designated Low Density Residential on the Comprehensive
Plan Map and are zoned R-4.5 (Residential, 4.5 units per acre).
H. Public services and utilities :
The site is served by public sewer and water systems. Sewer service is available from
an existing 8-inch diameter line on the west edge of the site. Water service is available
from a 6-inch diameter line in Mountain View Lane. The line can be extended along
Mountain View Lane to serve each lot, using easements where necessary.
L Streets and access :
1. The site has 50 feet of frontage with Mountain View Lane (a local street) at the
southeast corner of the site. The applicant will dedicate right of way for Mountain
View Lane across the south edge of the site. The right of way will taper from 50 feet at
the east edge to about 26 feet at the west edge of the site. The applicant will improve
the right of way with pavement, curb and sidewalk on the north. East of the site,
Mountain View Lane is improved with a roughly 36-foot paved section between curbs.
2. City staff prepared an illustrative plan showing how Mountain View Lane can be
dedicated and improved as land south and west of the site (TL 107 and 1200) is
developed. If the illustrative plan is developed, then Mountain View Lane will intersect
97th Avenue (a collector arterial) about 305 feet south of Rhonda Street (measured
centerline to centerline). Based on topography on the illustrative plan, this intersection
will be about 600 feet north of and 30 feet below the crest of the hill on 97th Avenue.
Page 3 - Hearings Oricer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
0 0
3. The applicant will establish a 25-foot wide easement from Mountain View Lane to a
point about 70 feet north and will improve that easement with a paved private driveway
that can serve the middle and northeast lot.
4. The northwest lot will not abut a street on the site. Instead, access to that lot will be
provided by means of an existing private driveway in a 15-foot easement that extends
from 97th Avenue to the east edge of the site. The driveway consists of a roughly 10-
foot wide gravel surface in poor condition. It intersects 97th Avenue about 27 feet
south of Rhonda Street (measured centerline to centerline). That driveway serves four
other dwellings. This driveway is expected to be temporary, because adjoining land to
the west is expected to develop in the foreseeable future. When the adjoining land to
the west develops, then a public street will be developed where the private street now
exists. When that street develops, then access to the northwest lot can be provided
from that street by extending a private drive extending east of that street. City staff
provided an illustrative plan showing how that street would be necessary to serve land
to the west when that land develops. The Hearings Officer believes the illustrative plan
would have to be modified to gain approval by curving to the north opposite Rhonda
Street at 97th Avenue, based on the City Council decisions in SUB 90-0013NAR 90-
0037 and SUB 90-0007NAR 90-0011, unless the City grants a variance to section
18.164.030.G. However, the overall intent of the plan appears to be appropriate.
J. Surrounding land uses :
1. Land to the north and west is developed with single family homes on oversized lots.
Based on the illustrative plan provided by City staff, land to the north and west can be
divided into more than 10 lots for single family homes if a public cul de sac street is
developed to serve those lots.
a. Land to the north and west was proposed for development in 1990. See the
planning commission and city council decisions regarding SUB 90-0013NAR 90-
0037 and SUB 90-0007NAR 90-0011, incorporated herein by reference. The
planning commission recommended approval of those applications. However, after
two public hearings, the city council denied the applications.
b. After reviewing the planning commission recommendation and the minutes of
the City Council hearings regarding those cases, the Hearings Officer concludes
that, although issues about flag lots and lot frontage were raised, the main reason
for the City Council action was failure of the proposed plans to comply with
intersection spacing standards. That is, a proposed cul de sac street extending east
of 97th Avenue was situated only 65 feet south of Rhonda Street on the west side
of 97th Avenue. This violated section 18.164.030.G which requires new streets to
be situated directly across from or at least 300 feet from existing streets. The City
Council declined to approve a variance to that section; therefore, both subdivisions
were denied.
c. The record in those cases reflects that owners of properties north and west of the
site are assessed for sewer line improvements based on the assumption that the
number of lots proposed in those subdivisions would be approved. By modifying
the preliminary plats for those subdivisions so that proposed Rhonda Court east of
97th Avenue is directly across from existing Rhonda Street west of 97th Avenue, it
is reasonable to conclude that land to the north and west can be subdivided into
almost the same number of lots proposed in 1990.
Page 4 - Hearings Officer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
i 0
2. Land to the east is divided into urban-sized lots that are developed with single family
detached dwellings.
3. Land immediately to the south is undeveloped. However, based on the illustrative
plan provided by City staff and the final plats for SUB 91-0015 and SUB 90-0010, that
land can be divided into several lots for single family homes, provided SW Mountain
View Lane is developed south and west of the site.
III. APPLICABLE APPROVAL STANDARDS
A. Community Development Code.
1. Chapter 18.50 contains standards for the R-4.5 zone. A single family detached
residential unit is a permitted use in the zone. Lots in the zone must comply with the
following dimensional requirements:
Minimum lot size
Average minimum lot width
Front setback
Interior side setback
Street side setback
Rear setback
Maximum building height
7500 square feet
50 feet
20 feet
5 feet
15 feet/20 feet for a garage
15 feet
30 feet
2. Chapter 18.88 contains solar access standards. A lot complies with this chapter 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; or if a protected solar building line is
designated on the plat or on documents recorded with the plat; or if solar performance-
oriented standards are imposed on future structures. A subdivision complies with this
section if 80% or more of the newly created lots comply with this standard. An
adjustment to the solar access standard can be granted if compliance with the basic solar
standard would reduce the density of the project, increase costs by at least 5 percent, or
destroy or otherwise impair a significant development amenity.
3. Chapter 18.92 contains standards for density. The number of dwelling units
permitted is based on the net development area, excluding land dedicated for public
roads or granted for private streets, among other things. To determine the maximum
number of lots, divide the net development area by minimum lot size in the zone.
4. Chapter 18.108 allows private streets to serve up to 6 dwelling units subject to
pavement width and improvement standards that vary depending on the number of units
served. A private street serving 2 dwellings is required to be paved and have a
minimum 20-foot paved section in a 25-foot easement; curbs and walkways are not
required. A turn-around is required for a private street that is more than 150 feet long.
CDC 18.92.020(A) and 18.26 provide that the area used for private streets does not
count toward the area of any lot.
5. Chapter 18.134 provides that variances to the Code development standards may be
approved if:
a. There are special circumstances or conditions affecting the property which are
unusual and peculiar to the land as compared to other lands similarly situated;
Page S - Hearings Ofcer decision
SUB 92-0010/VAR 92-0018 (Mountain View Estates)
0 0
b. The variance is necessary for the proper design or function of the subdivision;
c. The granting of the variance will not be detrimental to the public health, safety,
and welfare or injurious to the rights of other owners of property; and
d. The variance is necessary for the preservation and enjoyment of a substantial
property right because of an extraordinary hardship which would result from strict
compliance with the regulations of this title.
6. Chapter 18.150 requires a permit and contains standards for removal of trees having
a trunk 6 inches or more in diameter four feet above the ground on undeveloped land.
A permit for tree removal must comply with the following criteria:
a. The trees are diseased, present a danger to property, or interfere with utility
service or traffic safety;
b. The trees have to be removed to construct proposed improvements or to
otherwise utilize the applicant's property in a reasonable manner;
c. The trees are not needed to prevent erosion, instability, or drainage problems;
d. The trees are not needed to protect nearby trees as windbreaks or as a desirable
balance between shade and open space;
e. The aesthetic character in the area will not be visually adversely affected by the
tree removal; and
f. New vegetation planted by the applicant, if any, will replace the aesthetic value
of trees to be cut.
7. Chapter 18.160 contains standards for land divisions. To be approved, a
preliminary plat must comply with the following criteria:
a. It must comply with the City's comprehensive plan and the applicable zoning
ordinance and other applicable ordinances and regulations;
b. The proposed plat name may not be duplicative and must otherwise comply with
the provisions of ORS Chapter 92;
c. The streets and roads shall be laid out so as to conform to the plats of
subdivisions and maps of major partitions 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.
8. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires public streets within and adjoining a
development to be dedicated and improved based on the classification of the street.
b. Section 18.164.030(E) provides a local street is to have a minimum 50-foot
right of way and minimum 34-foot paved section between curbs and sidewalks.
Page 6 - Hearings Officer decision
SUB 92-00101VAR 92-0018 (Mountain View Estates)
•
c. Section 18.164.030(F) provides that the applicant must dedicate to the City a
reserve strip across the end of a dedicated street that extends to the edge of a site
and build a barricade across the street stub.
d. Section 18.164.030(G) provides that rights of way shall be dedicated so that
street centerlines align or are separated by at least 300 feet.
e. Section 18.164.030(1) provides that whenever existing rights of way adjacent to
or within a tract are of less than standard width, additional right of way shall be
provided as a condition of approval of a subdivision or development. Note that it
does not make the same requirements for substandard easements for private streets.
f. Section 18.164.030(J) allows partial street improvements, (i.e., less than 24 feet
of paving), when it is practical to require development of the other half of a street
when adjoining property develops.
g. Section 18.164.050 authorizes the City to require an applicant to dedicate
easements for sewers, drainage, water mains, and other public utilities where they
cross private property.
h. Section 18.164.060 prohibits lot depth from being more than 2-112 times the lot
width and requires at least 25 feet of frontage on a street.
i. Section 18.164.070 requires sidewalks adjoining all streets with certain
exceptions not relevant to this case.
j. Section 18.164.090 requires sanitary sewer service.
k. Section 18.164.100 requires adequate provisions for storm water runoff and
dedication of easements for storm drainage facilities.
1. Section 18.164.120 requires utilities to be installed underground.
B. Applicable Comprehensive Plan Policies.
1. Policy 2. 1.1 provides the City will assure citizens will be provided an opportunity
for be involved in all phases of the planning process.
2. Policy 4.2.1 provides that all developments within the Tigard Urban Planning Area
shall comply with applicable federal, state and regional water quality standards.
3. Policy 7.1.2 provides 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 utilities placed underground.
4. Policy 7.3.1 provides the City will coordinate water services with water districts.
5. Policy 7.4.4 requires all new development to be connected to an approved sanitary
sewer system.
6. Policy 8. 1.1 provides the City will plan for a safe and efficient street and roadway
system that meets current needs and anticipated future growth and development.
Page 7 - Hearings Officer decision
SUB 92-0010/VAR 92-0018 (Mountain View Estates)
• 0
7. Policy 8.1.3 provides the City will require as a precondition of approval that:
a. Development abuts a dedicated street or has other adequate access;
b. Street right of way shall be dedicated where the street is substandard in width;
c. The developer shall commit to construction of the streets, curbs and sidewalks to
City standards within the development;
d. The developer shall participate in the improvement of existing streets, curbs, and
sidewalks to the extent of the development's impacts;
e. 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.
IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
A. Hearing.
Hearings Officer Larry Epstein received testimony at the public hearing about this
application on September 30, 1992 and during the subsequent 10 days. 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.
B. Summary of testimony.
1. Ron Pomeroy testified for the City and summarized the staff report and
recommendation. He modified the written staff report to note that the property does not
contain a septic tank. He also responded to questions about the illustrative plans for
development of the area north, west and south of the site and supplemented his
testimony with additional evidence regarding such development after the hearing.
2. Robert and Kathleen Hutchins testified on their own behalf in favor of the proposal
and accepted the conditions of approval recommended by City staff.
3. Jack Polaris, Ron Lautt, Aase Otto, Dick Kluempke, and Virgil Volk testified with
concerns or against the subdivision.
a. Mr. Lautt and Ms. Otto own and were the applicants for the proposed
subdivisions north and west of the site that are discussed under finding II.J.2.
They expressed reasonable consternation that the proposed subdivision should be
approved while their applications were denied. Each requested some assurance that
their projects would now be approved, too. Mr. Lautt also requested a condition of
approval that requires the owner of the proposed northwest lot to participate in
maintenance of the private gravel drive that will serve that lot. Ms. Otto also
requested a condition of approval that requires the owner of the northwest lot to
improve the private driveway from the east end of future Rhonda Court to that lot
when the future street is built.
b. Mr. Polaris asked questions about the applicable approval standards and
availability of the staff report. The Hearings Officer responded by identifying
applicable standards and noting that the staff report was available for inspection at
Page 8 - Hearings Dfcer decision
SUB 92-0010/VAR 92-0018 (Mountain View Estates)
0
the planning department and City library at least 7 days before the hearing and could
be photocopied for a fee.
c. Mr. Kluempke testified with concerns about where Mountain View Lane will
intersect with 97th Avenue in the future if adjoining land to the west and south
develops. He noted that there is a vertical curve (i.e., a hill) on 97th Avenue south
of the prospective intersection that would constrain sight distance and be hazardous.
d. Mr. Volk noted that there is no temporary turn-around proposed on Mountain
View Lane. The Hearings Officer noted that the private drive effectively provides a
turn-around and that extension of Mountain View Lane to 97th Avenue in the future
eliminates the need for a turn-around.
C. NPO and Agency Comments.
1. The Hearings Officer incorporates by reference the findings regarding NPO and
agency comments in section IV of the City of Tigard staff report dated September 24,
1992 with the following amendment.
2. The Engineering Department originally recommended that the applicant dedicate and
improve a full-width right of way for Mountain View Lane across the site. See the last
sentence of finding IV. LA of the City of Tigard staff report dated September 24, 1992.
However, based on the illustrative plan for future development west and south of the
site, they changed their recommendation to support approval of the tapered plan for
Mountain View Lane, based on the memo from Ron Pomeroy dated October 6, 1992.
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code.
1. The proposed lots comply with the use standards of the R-4.5 zone, because they
will be used for single family detached dwelling units, based on finding II.D.
2. The proposed lots comply with the minimum lot size and average width standards of
the R-4.5 zone, because they contain more than 7500 square feet apiece and are at least
50 feet wide on average. The south edge of the northeast lot will have to be at least 10
feet further north, so that the proposed middle lot has at least 25 feet of frontage on a
private street to comply with section 18.164..060(B). However, even after doing so,
those lots will comply with the dimensional standards of the R-4.5 zone. Also, the
existing house that will remain on the middle lot will continue to comply with setback
requirements. See finding II.C and D.
3. The northwest and northeast proposed lots (or 50% of the subdivision) comply with
the basic solar access standard for new development, based on finding II.D.1.e and d.
The south and middle lots do not comply with any of the solar access standards. There
is no way for them to do so without eliminating one lot or the existing house, because
the existing structure on the middle lot is situated such that two lots with a long north-
south axis cannot be created without destroying the house. Therefore, compliance with
the solar access standard would reduce the density of the project (by eliminating the
south lot so that the middle lot has a 90-foot lot north-south depth) or increase
development costs by at least 5 percent (by eliminating the house). The Hearings
Officer assumes that the value of the house is at least 20 percent of the value of a lot
without a house. This assumption can be verified by the County Assessor or
Page 9 - Hearings Orcer decision
SUB 92-00101VAR 92-0018 (Mountain View Estates)
independent appraisal. Clearly, the house is a significant development amenity with
considerable value to the purchaser of the middle lot. Therefore, eliminating the house
so that two solar lots are created fronting on Mountain View Lane raises the effective
cost of each lot by at least 5 percent and would destroy a significant development
amenity. To avoid that result, an adjustment is warranted under sections
18.88.040.E.1.a and b to reduce the extent to which the subdivision must comply with
the solar access standard to 50%.
4. The proposed subdivision complies with the density standards of Chapter 18.92,
because the developable area of the site (32,849 square feet) divided by 7500 square
feet per lot equals 4.38 lots, and the applicant proposes to create 4 lots.
5. The proposed private street extending north of Mountain View Lane complies with
Chapter 18.108, because it will serve two lots (the northeast lot and middle lot) and is
25 feet wide. A condition is warranted requiring the applicant to improve or guarantee
the improvement of the private street with a minimum 20-foot paved section, to
establish a minimum 25-foot wide easement for the street, to identify the street as
private, to prohibit parking in the private street so that it can continuously
oaccommodate two-way traffic, and to establish a joint maintenance agreement for the
street to which owners of the middle and northeast lot are subject.
6. The private street to be used for access to the northwest lot is problematic.
a. It is an existing private street and is reasonably likely to be a temporary measure,
based on the discussion in findings II.I and II.J.1; perhaps that warrants different
treatment. However, it is not clear from Chapter 18.108 that an existing private
street is intended to be treated differently when a new subdivision is proposed that
relies on that street. Because the existing private street already serves four
dwellings and has less than a 24-foot paved section in less than a 30-foot easement,
it does not comply with existing standards for a private street serving four
dwellings. It does not even comply with standards for a private street serving two
lots. Perhaps because the subdivision will not increase the number of lots served
by the private street, it can be argued that using the private street for the northwest
lot does no more than continue the existing status quo (in terms of the number of
lots served). That argument is the linchpin of the fourth lot for this subdivision.
b. Given the importance of maximizing the development of the urban area and the
ambiguity about how to treat existing substandard private streets in the City Code,
(e.g., section 18.164.030(I) does not require that additional easement width or
improvements be made to a substandard private driveway when adjacent to or
within a proposed development), the Hearings Officer accepts the argument
described above. That is, because the proposed private street will serve no more
than the number lots it already serves, has not been hazardous based on past use,
and is reasonably likely to be temporary, the northwest lot should use that existing
private street although that street does not comply with the standards for a private
street serving four lots or more.
c. The applicant requests variances to waive paving requirements and to waive the
requirement for a turn-around for the private street serving the northwest lot. The
Hearings Officer finds that a variance is warranted to defer the paving requirement,
but not to waive the turn-around requirement.
Page 10 - Hearings Officer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
9 0
d. A variance to defer the paving requirement for the private drive and turn-around
is warranted, because:
(1) There are special circumstances that apply to the property that are unusual
as compared to other lands similarly situated; that is, the majority of the private
drive will be temporary in nature. When the adjoining land to the north and
west is divided and a public street is developed on the west 250 feet or so of the
existing easement, then the private driveway will be only about 100 to 150 feet
long. It is inefficient and a waste of private and public economic and energy
resources to require the applicant to pave the driveway only to tear it up within a
year or two for the public street that will be developed to serve the potential lots
north and west of the site.
(2) However, in the interim, the owner of the northwest lot should be subject
to a condition that requires participation in the maintenance of the private street,
because the owner of that lot will use that street. Moreover, the owner of the
northwest lot should be subject to a condition that requires that owner to pave
the private street from the site to the edge of the public road that will be built
between the site and 97th Avenue. The owner also should be required to pave
the turn-around at that time, unless the private driveway is less than 150 feet
long. Deed covenants and a condition of approval are warranted to fulfill these
requirements.
(3) The variance to defer paving is necessary for the proper design of the
subdivision without causing a waste of economic and energy resources for a
driveway that will be torn up in the near future. However, the variance is only
necessary until the public street west of the site is developed. Once that street is
developed, then paving of the private drive is warranted.
(4) Granting the variance to defer paving will not be detrimental to the public
health, safety and welfare or injurious to other owners of property, because the
variance is temporary in nature, and it does not increase the number of lots
using the private street. However, it would be detrimental to the public safety
to waive the paving requirement altogether, because, unless the private street is
paved within a reasonable time, vehicular access would be more hazadous and
less stable and secure over time.
(5) Granting the variance to defer paving is necessary to enable the applicant to
create the northwest lot without a waste of economic and energy resources that
constitute an extraordinary hardship. However, granting the variance to waive
paving of the private street east of the future public street is not necessary to
enjoy a substantial property right, because there is no right to have a gravel
driveway in the City.
e. A variance to the turn-around requirement is not warranted, because:
(1) Nothing about the site precludes providing a turn-around on the site. There
are no structures, topographic or other natural conditions that makes provision
of such a turn-around problematic.
(2) The applicant has not shown that providing the turn-around is necessary for
the proper design or function of the subdivision or the northwest lot. No
building exists on the lot, and no building plan was proposed that would
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SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
9 0
conflict with providing the turn-around. Building plans can be prepared that
accommodate the turn-around. In the alternative, the applicant could cooperate
with the owner of the property north of the site to provide for a turn-around off-
site that fulfills the same function as a turn-around on the site.
(3) By not providing a turn-around, the applicant endangers the public health
and safety, because emergency vehicles may be unable to turn around on the
private street.
(4) The variance is not necessary to the preservation and enjoyment of a
property right, because there is no right to build a private street longer than 150
feet without providing a turn-around. Even after the public street is built
between the site and 97th Avenue, the private drive will continue to be more
than 150 feet long, based on the illustrative plan provided by the staff. If the
private drive is less than 150 feet long after approval of the public street west of
the site, then the Planning Director should be authorized to waive paving of the
turn-around and to authorize use of the turn-around area for other purposes.
7. The applicant will remove a significant number of mature trees to provide for the
public and private streets, utilities and buildings. A condition of approval is warranted
prohibiting the applicant or future lot owners from removing trees 6 inches or more in
diameter four feet above the ground from the site until the applicant or owner applies
for and receives a tree cutting permit pursuant to Chapter 18.150. The applicant should
be required to provide a tree survey to facilitate compliance with that chapter.
8. The proposed subdivision complies with Chapter 18.160, because:
a. It complies with the Comprehensive plan map designation of the site, the
applicable plan policies, the regulations of the R-4.5 zone, and other applicable
regulations.
b. The proposed name of the subdivision is not duplicative.
c. Mountain View Lane is adequate to serve three of the lots on the site and extends
across the site in a manner that enables it to be extended to 97th Avenue consistent
with City standards in the future as land to the west and south develops, based on
the illustrative plan provided by the staff. A condition is warranted to require the
applicant to dedicate reserve strips and to build a barricade at the street stub as
required by section 18.164.040.F.
d. The private drive is adequate to serve the northwest lot, subject to conditions,
based on the preceding findings. The Code does not authorize the Hearings Officer
to require this applicant to provide an access plan for the area to solve the cross-
circulation problems evident in the community. That responsibility falls on the City
in its case-by-case review of proposed development. Whether that policy is most
efficacious is not relevant to the review of this subdivision nor within the
jurisdiction of the Hearings Officer. However, the Hearings Officer encourages the
City to consider enacting regulations that provide for adopting a future street plan
for this and other neighborhoods to provide a process to guide provision of access
for future developments.
Page 12 - Hearings Oricer decision
SUB 92-00101VAR 92-0018 (Mountain View Estates)
9. The proposed subdivision complies with Chapter 18.164, because:
a. The applicant will dedicate for and improve the public road adjoining the site to
City standards. A tapering dedication and improvement for Mountain View Lane is
warranted, because the remainder of the street can be dedicated and improved when
adjoining land to the south develops. The centerline of the street will be aligned
with existing Mountain View Lane to the east. Conditions are warranted to ensure
the applicant makes dedications and improvements required by Code. Curbs and a
sidewalk on the private drive are not required.
b. Lots are not more than 2-1/2 deeper than wide and have at least 25 feet of
frontage on a street, provided the frontage of the middle lot is increased to at least
25 feet.
c. All lots will be served by public sanitary sewer and a storm drainage system.
Conditions are warranted requiring granting of easements for utilities where they
cross private property, and requiring the applicant to submit a plan showing the
location of existing utilities that will be retained.
d. Storm water from the site can be accommodated by the existing storm sewer in
Mountain View Lane if the applicant shows that water from the site will flow to that
catch basin and the system has adequate capacity to accommodate that water. If the
storm water from the site will not flow by gravity to the existing storm water inlet in
Mountain View Lane east of the site, or if that inlet is not adequate to accommodate
that storm water, then the applicant should be required to direct storm water to a
catch basin on the site as a condition of approval. The applicant should be required
to extend the storm sewer within the Mountain View Lane right of way where it
crosses the site whether or not a catch basin is needed on the site, so that the storm
sewer can accommodate storm water from land to the west when it develops, unless
the City Engineer concludes storm water from land to the west should not or will
not be directed to that line.
d. The applicant will install underground utilities.
B. Compliance with Comprehensive Plan policies.
1. The subdivision complies with Policy 2.1.1, because notice of the application or
hearing was provided to the neighborhood planning organization in the area and to
owners of property in the vicinity of the site.
2. In order to comply with Policy 4.2.1, a condition is warranted to require the
applicant to prepare an erosion plan as part of the grading permit application and to pay
a fee in lieu of providing on-site storm water quality features, consistent with standards
for the Tualatin River Basin and Resolution and Order 91-47 or amendments thereto.
The site is too small to accommodate an on-site storm water quality facility.
3. The subdivision complies with Policies 7.1.2, 7.3.1, and 7.4.4, because the
applicant will extend public sewer and water system to the site, will provide a storm
water drainage system on the site, and will provide underground utilities. Detailed
public facility improvement plans need to be prepared and approved.
4. The subdivision complies with Policy 8. 1.1 and 8.1.3, because the street system on
and adjoining the site will be improved to City standards or modified as permitted.
Page 13 - Hearings Officer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
VI. SITE VISIT BY EXAMINER
•
The Hearings Officer visited the site and area that could be affected by the proposed
subdivision.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed subdivision will promote the general
welfare of the City, and will not be significantly detrimental nor injurious to surrounding
land uses, provided development that occurs after this decision complies with applicable
local, state, and federal law.
In recognition of the findings and conclusions contained herein, and incorporating the Staff
Report and other reports of affected agencies and public testimony and exhibits received in
this matter, the Hearings Officer hereby approves SUB 92-0010 (Mountain View Estates)
and approves in part and denies in part VAR 92-0018, subject to the following conditions:
UNLESS OTHERWISE NOTED: ALL CONDITIONS SHALL BE SATISFIED AND
COMPLETION OF PUBLIC IMPROVEMENTS FINANCIALLY SECURED PRIOR TO
RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY, AND CONTACT
CHRIS DAVIES (639-4171) REGARDING CONDITIONS.
1. The applicant shall submit two (2) sets of detailed public improvement plans and
profile construction drawings to the Engineering Department for preliminary review and
approval. The applicant shall submit seven (7) sets of approved drawings and one (1)
itemized construction cost estimate. The plans and estimate shall be prepared by a
professional engineer licensed in Oregon. These plans are in addition to plans required
by the Building Division and should include only those sheets relating to public
improvements.
2. Building permits will not be issued and construction of proposed public
improvements shall not commence until after the Engineering Department has reviewed
and approved the public improvement plans, a street opening permit or construction
compliance agreement has been executed, a developer engineer agreement has been
executed, and all permit fees have been paid.
3. The applicant shall make an appointment for a pre-construction meeting with the
City of Tigard Engineering Department after approval of the plans but prior to starting
any work on the site. The applicant, applicant's engineer, and contractor shall attend
this meeting before receiving approved plans and permits.
4. The applicant shall submit storm drainage details as part of the public improvement
plans. Plans shall include calculations and a topographic map of the storm drainage
basin. Calculations shall be based on full development of the serviceable area. The
Iocation and capacity of existing, proposed, and future lines shall be noted. If the
calculations and plans show that storm water from the site will not flow to the existing
catch basin in Mountain View Lane east of the site or that catch basin cannot
accommodate the storm water from the site, the applicant shall provide appropriate
features on the site to accommodate that storm water.
Page 14 - Hearings Dricer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
5. The applicant shall dedicate to the City right of way for SW Mountain View Lane
adjoining the site frontage substantially as shown on the preliminary plat and shall
dedicate street reserve strips as directed by the Engineering Department. The
description of the dedications shall be tied to the right of way centerline. The dedication
shall be on City forms. Instructions are available from the Engineering Department.
6. The applicant shall improve Mountain View Lane to City standards within the right
of way dedicated from the site, including sidewalk, driveway apron, curb, asphaltic
concrete pavement, sanitary sewer, storm drainage, street lights, a street stub barricade
and underground utilities, except as otherwise authorized by the City Engineer.
Improvements shall be designed and built to local street standards.
7. The applicant shall submit to the Planning Division a covenant that applies to the
owner of the proposed northwest lot and shall file the approved covenant with the deed
to that lot. The covenant shall require the owner of that lot to:
a. Participate in maintenance of the private driveway that serves that lot between the
site and 97th Avenue; and
b. Pave the private driveway with a minimum 10-foot section within 90 days after
completion of the future public street that occupies the existing easement for that
driveway between the edge of the improved portion of the public right of way and
the edge of the lot; and
c. Pave an emergency vehicle turn-around on or adjoining the private driveway
when the owner is required to pave the private driveway, unless the Planning
Division concludes that the length of the private driveway is less than 150 feet.
8. The applicant shall establish an emergency vehicle turn-around at the east end of the
private driveway on or adjoining the easement for that driveway. That turn-around
shall comply with requirements of the Tualatin Valley Fire and Rescue District. It shall
be improved with at least a gravel surface. The turn-around may be removed if the
Planning Division finds the private driveway is less than 150 feet long after
construction of the public street between the site and 97th Avenue.
9. The applicant shall comply with the following requirements for the private street
extending north of Mountain View Lane:
a. Grant a minimum 25-foot wide easement for the private street;
b. Improve that easement with a minimum 20-foot paved section or guarantee its
improvement in a form approved by the City Attorney;
c. Submit plan and profile drawings and cross section details of the proposed
private street and associated storm drain system as part of the public improvement
plans;
d. Post the private street with signs prohibiting parking on both sides;
e. Post a sign noting the drive is private at the drive's intersection with Mountain
View Lane;
f. Place a note on the final plat that the street is private; and
Page 15 - Hearings Oricer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
0
0
g. Submit a covenant that applies to the northeast and middle lots to the Planning
Division for review and approval and file the approved covenant with the deeds to
those lots. The covenant shall require the owners of those lots to participate equally
in the maintenance of the private street.
10. The applicant shall submit and receive approval of an erosion control plan as part
of the public improvement drawings. The plan shall conform to "Erosion Control
Plans - Technical Guidance Handbook," November, 1989.
11. The applicant shall submit a survey identifying the type and size of all trees more
than 6 inches in diameter measured 4 feet above grade. The survey shall identify which
trees are to be preserved and which trees are to be removed for either construction of
public improvements and utilities and for construction of buildings on each lot. The
applicant shall obtain a tree cutting permit before removing any trees from the property.
The applicant also shall include a note on the face of the final plat stating that owners of
lots in the subdivision shall obtain a tree cutting permit before removing any trees more
than 6 inches in diameter measured 4 feet above grade, and shall note that a tree survey
is available at the Planning Division to facilitate compliance with this requirement. The
Planning Division may require the applicant or future owners of lots to provide an
arborist to review the plans for grading and tree protection. The arborist or City may
prescribe protective measures for trees to be retained on the site. A copy of the tree
removal permit shall be available on-site during all tree removal and grading activities.
Contact Victor Adonri in the Planning Division.
12. The applicant shall pay a fee in lieu of construction of a water quality facility as
authorized by USA Resolution and Order No. 91-47 and its amendments. This fee is
paid in two installments. The first portion is paid before the City issues permits to
construct public and private streets. The second portion is paid before the City issues a
building permit on each lot. The applicant shall include a note on the final plat stating
that the owners of each lot shall pay the proportionate share of the second fee before a
building permit is issued for each lot.
13. The applicant shall submit a plan showing utilities for existing buildings. If the
utilities cross new property lines, then the applicant shall grant utility easements as
needed. Contact Brad Roast in the Building Division.
14. The applicant shall submit a grading plan showing existing and proposed contours
and typical finished floor elevations on each lot, including the elevation at four corners
of the floor plan tied to the top of the curb elevations as shown on the public
improvement plans.
15. The applicant shall amend the preliminary plat to provide a minimum of 25 feet of
frontage on the private street for the middle lot. Contact Ron Pomeroy in the Planning
Division.
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS
RECORDED WITHIN 18 MONTH OF THE EFFECTIVE DATE OF THIS DECISION.
AT 020thd ctor, 1992.
Lar ry Epficer
Page 16 - Hearings Offtcer decision
SUB 92-OOIOIVAR 92-0018 (Mountain View Estates)
AGENDA ITEM 2.2
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Robert and STAFF REPORT
Kathleen Hutchins for a subdivision SUB 92-0009 /
consisting of approximately 0.91 acres VAR 92-0018
located at the 14160 SW 97th Avenue.
I. SUMMARY OF THE REQUEST
CASE: Subdivision SUB 92-0010 / Variance VAR 92-0018
SUMMARY: The applicant requests: 1) Subdivision approval to divide a
parcel consisting of approximately 0.91 acres into four lots
between approximately 7,890 and 9,985 square feet; and 2) Variance
approval to allow the use of an existing gravel driveway, and to
allow the use of a driveway over 150 feet in length without the
provision of a turn-around.
APPLICANT: Robert and Kathleen Hutchins OWNER: Same
14520 SW Pleasant Valley Road
Beaverton, OR 97005
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre)
LOCATION: 14160 SW 97th Avenue (WCTM 2S1 11BA, tax lot 1100)
APPLICABLE LAW: Community Development Code Chapters 18.50.050, 18.88.040(0)(1)
and (E)(1)(iii), 18.92.020, 18.108.070(A) and (C), 18.150.020(E), 18.160.060(A),
18.160.120, 18.164.030(A) and (E), 18.164.060, 18.164.070, 18.164.100,
Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and share:
The subject parcel contains 0.91 acres. The site is rectangular in
shape.
B. Site location:
The southeast corner of the site is located adjacent to the southwest
terminus of SW Mountain View Lane.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS
PAGE 1
0 •
C.
D.
Existing uses and structures:
The subject parcel is largely undeveloped. A single family residence
is located in approximately the center of the site. Vegetation consists
of indigenous grasses, a residential yard, and numerous trees located
in various areas around the property.
Surroundina land uses:
Properties on all sides of this site are zoned R-4.5 (Residential, 4.5
units per acre). This area is substantially developed with single
family homes.
III. APPLICABLE APPROVAL STANDARDS
A.
Communitv Development Code.
1. Chapter 18.50.050 contains standards for the R-4.5 zone. A
single-family detached residential unit is a permitted use in the
zone. Detached single-family residential lots in this zone must
comply with the following dimensional requirements:
Minimum lot size
7.500
square feet
Front setback
20
feet
Garage setback
20
feet
Interior sideyard setback
5
feet
Corner sideyard setback
10
feet
Rear setback
15
feet
maximum building height
30
feet
2. Chapter 18.88.040(0)(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 lots meet or exceed this
standard.
3. Chapter 18.92.020 contains standards for density. The number of
dwelling units permitted is based on the net development area,
excluding sensitive land areas and land dedicated for public roads
or parks, or for private roadways. This land 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.
4. Chapter 18.108.070 contains standards for residential vehicular
access. One drive which serves two residences must be a minimum
of 25 feet wide. Additionally an access drive in excess of 150
feet in length shall be provided with approved provisions for the
turning around of a fire apparatus. This turnaround may be a
hammerhead having a minimum depth of 40 feet and a minimum width
of 20 feet.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 2
0 0
S. Chapter 18.150.020(E) requires a permit for removal of trees
having a trunk 6 inches or more in diameter measured four feet
above the ground on undeveloped residential land. A permit for
tree removal must comply with the following criteria as specified
in Chapter 18.150.030(A):
a. The trees are diseased, present a danger to property, or
interfere with utility service or traffic safety;
b. The trees have to be removed to construct proposed
improvements or to otherwise utilize the applicant's
property in a reasonable manner;
C. The trees are not needed to prevent erosion, instability,
or drainage problems;
d. The trees are not needed to protect nearby trees as
windbreaks or as a desirable balance between shade and open
space;
e. The aesthetic character in the area will not be visually
adversely affected by the tree removal; and
New vegetation planted by the applicant, if any, will
replace the aesthetic value of trees to be cut.
6. Chapter 18.160.060(A) contains standards for subdivision of
parcels into 4 or more lots. To be approved, a preliminary plat
must comply with the following criteria:
a. The proposal must comply with the City's Comprehensive
Plan, the applicable zoning ordinance and other applicable
ordinances and regulations;
b. The proposed plat name must not be duplicative and must
otherwise satisfy the provisions of ORS Chapter 92;
C. The 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; and
d. An explanation has been provided for all common
improvements.
7. Chapter 18.160.120 contains standards for the approval of a
subdivision variance. These criteria are:
a. There are special circumstances or conditions affecting the
property which are unusual and peculiar to the land as
compared to other lands similarly situated;
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 3
0 0
b. The variance is necessary for the proper design or function
of the subdivision;
C. The granting of the variance will not be detrimental to the
public health, safety, and welfare or injurious to the
rights of other owners of property; and
d. The variance is necessary for the preservation and
enjoyment of a substantial property right because of an
extraordinary hardship which would result from strict
compliance with the regulations of this title.
8. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining
a development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.030(E) requires a local street to have a
minimum 50-foot right-of-way and 34-foot paved section
between curbs and sidewalks.
C. Section 18.164.060 prohibits lot depth from being more than
2J times the lot width and requires at that lots have at
least 25 feet of frontage on public or private streets,
other than an alley.
d. Section 18.164.070 requires sidewalks adjoining all
residential streets.
e. Section 18.164.090 requires sanitary sewer service.
f. Section 18.164.100 requires adequate provisions for storm
water runoff and dedication of easements for storm drainage
facilities.
S. Annlicable Comprehensive Plan Policies.
1. 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.
2. 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.
3. Policy 7.1.2 provides 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 utilities
placed underground.
4. Policy 7.3.1 provides the City will coordinate water services with
water districts.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 4
0 9
5. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
6. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
7. Policy 8.1.3 provides the City will require as a precondition of
approval that:
a. Development abut a dedicated street or have other adequate
access;
b. Street right-of-way shall be dedicated where the street is
substandard in width;
c. The developer shall commit to construction of the streets,
curbs, sidewalks to City standards within the development.
d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the
development's impacts;
e. 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.
IV. NPO & AGENCY COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and
offers the following comments:
A. Streets:
The site is located at the west terminus of SW Mountain View Lane
which is classified as a local street. The applicant is proposing
to extend SW Mountain View Lane to the west property line. It
should be noted that the applicant had indicated on the
preliminary plans a varying right-of-way width. After reviewing
the plans the applicant was informed that this proposal did not
meet City standards and that they would have to install the street
extension to local street standards. They were also informed that
this may reduce the number of lots or change the size/shape of the
proposed lots. This being communicated, the applicant should be
required to extend SW Mountain View Lane meeting local street
standards.
B. Sanitarv Sewer:
There is an existing 8 inch public sanitary sewer line located on
the west side of the property. The applicant is proposing to
connect the individual lots to the sewer line to serve this
development. The sewer line has sufficient capacity to serve this
development.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 5
! !
C. Storm Drainaae:
There is an existing public storm sewer system located in SW
Mountain View Lane. The current system is approximately 100 feet
east of the proposed development. The applicant should be
required to demonstrate that the existing system does not need to
be extended to accommodate this development. Failure to
sufficiently demonstrate this will result in the connection of
these lots to the storm sewer system in SW Mountain View Lane.
The Unified Sewerage Agency has established, and the City has
agreed to enforce (Resolution and Order No. 91-47), Surface Water
Management Regulations requiring the construction of on-site water
quality facilities or fees in-lieu of their construction.
Construction of an on-site water quality treatment facility is not
appropriate because the site is small compared to the development
plan, and the lose of area for the on-site facility would preclude
effective development. In addition, requiring surface water
quality facilities on small sites would result in numerous
facilities that would become a maintenance burden to the City.
Furthermore, the applicant has not proposed any such facilities
and there are no natural depressions or other areas of this site
that are particularly suitable for water quality facilities.
Regional facilities, funded by fees in-lieu of construction of
these facilities, would provide the required treatment with
improved reliability and less maintenance. Therefore, the
applicant should be required to pay the fee in-lieu of
constructing an on-site facility.
2. The City of Tigard Building Division has noted that a storm drain system
(public or private) should be required for this project. The amount of
storm water run-off created by the increased impervious surface could
be detrimental to the downhill properties. The existing house should
have its rain drains connected to this system.
How will the city guarantee the paving of this gravel drive in the
future? There is also a concern that the proposed lot 1103 could
potentially be landlocked if the adjacent property to the west is
developed.
A sewer permit shall be obtained prior to the connection of the existing
house to the sanitary sewer system. The septic tank shall be pumped out
and filled in or completely removed. A copy of the receipt from the
pumping company shall be provided. A plan shall be submitted to the
Building Division showing the location of all underground private
utilities for the existing building. If they cross over new property
lines, they shall be provided with easements. Rain drains shall
discharge into an approved system.
3. Tigard Water District will require the extension of the existing 6 inch
water main along SW Mountain View Lane to the end of the western
property line. The Water District will also require the installation
of a fire hydrant, and all four water services, to be located on the
west side of the private drive. The property owners will need to
provide a utility easement for lots 1100, 1102 and 1103 along the
HEARINGS OFFICER - SUB 92--0010 - HUTCHINS PAGE 6
0 0
private drive for the future customer's water lines. Water system plans
must be submitted to the Water District for review and approval.
4. Tualatin Valley Fire and Rescue has reviewed the proposal and has stated
that it appears to the fire district that lot #1103 (7,619 square feet)
will be land-locked and inaccessible to a public street or drive if this
site is divided as proposed. Since SW Mountain View Lane will not be
extended to SW 97th Avenue by this application, the Fire District
recommends that a temporary turnaround be installed in accordance with
fire district standards and that the street be extended when the
property to the west is developed. Plans are requested to be submitted
to the Fire District for review and approval of the extension of SW
Mountain View Lane and the temporary turnaround.
Fire fighting water supply shall be provided to within 500 feet of all
portions of structures within this subdivision. Distances shall be
measured around the outside of the buildings and along access roadways.
Hydrants should be installed on intersections or on prominent curbs so
that they can be easily found. Final approval of the hydrant location
will be coordinated with the Tigard Water District. Hydrants shall be
provided not less than 1,000 gpm fire flow at 20 psi.
5. The City of Tigard Operations Department, Portland General Electric,
School District #23J, and the Metropolitan Area Communications
Commission have reviewed the proposal and have offered no comments or
objections.
V. EVALUATION OF REQUEST
A. Compliance with Communitv Development Code.
1. The proposed subdivision complies with the use standards of the
R-4.5 zoning district (Section 18.50.050) because the lots are
intended to be developed as single family detached dwelling units,
a permitted use in the zone. The four 7,890 to 9,985 square foot
lots are all larger than the minimum 7,500 square foot minimum lot
size requirement of this zone. All such lots are subject to the
setback standards of the R-4.5 zone. Compliance with these
standards will be reviewed as part of the building permit
application process for single-family homes on individual lots.
2. Lots 1100 and 1102 meet the basic solar access requirements as
specified in Code Section 18.88.040(C1(1). The front lot line
orientation of these lots is within 30 degrees of true east-west.
These lots also provide a minimum north-south dimension of at
least 90 feet. Lot 1103 meets the 90 foot north/south lot
dimension requirement. However, the north property line will need
to be designated as the front property line in order to comply
with the required front lot line orientation for solar
accessibility. If the west property line were to be designated
as the front lot line, this parcel would not meet either of the
two requirements.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 7
Lot 1101 shall be counted as the 20% exemption from these solar
lot requirements. Alternatively, this lot would be an exception
to these standards as per Section 18.88.040(E11111iiij. This
parcel has an average north/south lot depth of approximately 62
feet. The placement of the existing house on lot 1100 precludes
adjusting the common lot line to give lot 1101 a 90 foot
north/south lot depth. To not allow this exemption would create
an undue hardship on the owner, perhaps resulting in the loss of
one lot. Therefore, this lot should be exempted and the code
requirements of Section 18.88 have been satisfied.
3. The proposed subdivision complies with the density standards of
Chapter 18.92.020. The net developable area of the site (after
deduction of the public right-of-way and the creation of the
private drive) is approximately 32,448 square feet. With a
minimum lot size of 7,500 square feet, this site yields an
opportunity for four dwelling units under the R-4.5 zoning
designation. The applicant has proposed the creation of four lots
and therefore, complies with this standard.
4. The applicant has not yet applied a tree removal permit for this
site as required by Section 18.150.020(E1. Therefore, prior to
the issuance of a tree removal permit, the applicant will need to
submit, and receive approval for, a tree removal permit. The
applicant shall supply details identifying the type and size of
trees on this site which are greater than six inches in diameter.
This survey shall identify those trees which are proposed for
removal.
5. The proposed subdivision is consistent with the subdivision
approval standards of Chapter 18.160.0601A1 (Subdivisions)
because:
a. The proposed subdivision complies with the Comprehensive
Plan Map's Low Density Residential density opportunity for
the site as well as with the applicable plan policies, the
regulations of the R-4.5 zone, and other applicable
regulations;
b. The proposed name of the subdivision, Mountain View
Estates, may not be duplicative of any other plat recorded
in Washington County;
C. The proposed public street provides for adequate and safe
access to the lots in this proposed subdivision and
provides for an extension of an existing street stub.
6. A variance from code Section 18.108.0701A1 has been requested.
This code section requires access drives to be paved. The
existing driveway is within an approximately 380 foot long access
easement which crosses tax lot 106 to the west and intersects with
SW 97th Avenue. This gravel driveway access has been used by the
existing house and is now proposed to be solely used by tax lot
1103. It is requested that this driveway remain gravel.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 8
• •
This request meets the criteria of Section 18.160.120 (Subdivision
Variance). The circumstances affecting this parcel are peculiar
to this site when compared to other lands similarly situated. The
access drive for a single family residence is typically paved for
the entire distance. However, the location of this drive is only
temporary in nature. Access to this lot will probably be
realigned upon further development of the adjoining properties to
the west and/or north. At that time, tax lot 1103 will gain its,
access from that future street. The granting of this variance
request will not have any detrimental or injurious effects on the
rights of other property owners. To not grant this variance would
cause an unnecessary hardship on the applicant by requiring the
installation of approximately 3,800 square feet of blacktop for
a residential driveway which will be torn up upon further future
development of adjacent lots. Therefore, staff recommends the
granting of this variance request.
A variance has also been requested from Section 18.108.070
which requires that drives in excess of 150 feet in length shall
be provided with approved provisions to enable the turning around
of a fire apparatus. This may be accomplished by the provision
of a hammerhead 40 feet long and 20 feet wide to be placed on lot
1103. Staff finds that, since the location of the driveway access
for this proposed lot is temporary in nature, the required turn-
around should be temporary as well. Staff contends that this is
justification for granting a variance from the requirement of
providing a paved surface for the turn-around and recommends that
the surface of the temporary turnaround be gravel. As previously
stated, this access drive is temporary and will be relocated upon
further development of the properties to the west and/or north.
Thus, this turnaround will most likely not be necessary at this
location in the future. Staff does not find, however, that the
circumstances are unusual or peculiar enough to justify a
recommendation for the elimination of the emergency vehicle turn-
around altogether. Conversely, staff contends that the granting
of the variance request for the elimination of the turnaround will
be detrimental to the public health, safety and welfare of the
occupants of this proposed lot and/or potentially injurious to the
rights of other neighbors. Therefore, staff recommends that the
variance request for the elimination of the turnaround be denied,
while a variance be granted to allow the turnaround on lot 1103
to be graveled.
7. Section 18.164.060!61 (Lot Frontage) is satisfied for lots 1101,
1102, and 1103. Tax lot 1100 fronts the private street for a
distance of 15 feet whereas the code requires a 25 foot frontage.
Therefore, the westernmost lot line shall be expanded from 15 to
25 feet where it abuts the common private common drive. This will
remove approximately 400 square feet from lot 1102 leaving a lot
size of approximately 8,039 square feet. All proposed lots will
continue to meet the minimum lot size requirement.
8. The preliminary subdivision plat is consistent with the
requirements of Chapter 18.164 (Street and Utility improvement
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 9
0 0
Standards), or can be modified to be consistent with these
requirements, because:
a. The applicant will be required to extend a westerly
continuation of SW Mountain Lane. This will require the
dedication of additional right-of-way to 50 feet from
centerline along the site's eastern frontage, narrowing to
25 feet along the site's western lot line. This reduction
in right-of-way dedication shall be achieved by the
construction of a reverse curve (see attachment A). The
improvements shall be designed and constructed to local
street standards.
b. The proposed buildable lots are consistent with code
standards for maximum lot depth-to-width ratio, minimum
street frontage (as previously addressed), and other
applicable lot dimensional standards as required by the
R-4.5 zoning district.
C. The existing utility lines and the applicant's preliminary
plans for developing the sanitary sewer as well as public
water lines will provide for adequate necessary public
facilities. The applicant will also either demonstrate
that the existing storm sewer system does not need to be
extended to accommodate this development or, alternatively,
extend the storm sewer to serve this development.
B. Compliance With Comprehensive Plan Policies
1. The subdivision is consistent with Policy 2.1.1 because notice of
the application and the public hearing on this item was provided
to the neighborhood planning organization (NPO 6) and to owners
of property in the vicinity of the site. The proposed site has
been posted with a sign noting that a development application on
this site was pending.
2. In order to comply with Policy 4.2.1, a condition is warranted to
require the developer to prepare an erosion control plan ensuring
compliance with erosion control standards for the Tualatin River
Basin as part of the grading permit application. The developer
shall also construct an on-site water quality facility as required
by the Oregon Environmental Quality Commission and USA regulations
or pay a fee-in-lieu of constructing an on-site water quality
facility. The City's Engineering Department advises that the site
developer be required to pay a fee in lieu of the construction of
an on-site facility. The site is considered unsuitable for
development of an on-site facility because of its relatively small
size and the unavailability of space within which to place the
facility. Payment of a fee in lieu of construction of a facility
is authorized by the Oregon Environmental Quality Commission and
USA regulation is cases where it is undesirable or impractical to
construct a facility.
HEARINGS OFFICER - SUS 92-0010 - HUTCHINS PAGE 10
3. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and
7.4.4 because the applicant will extend public sewer and water
systems to this site and will provide for underground installation
of phone, electricity, and cable television lines.
4. The subdivision proposal complies with Policy 8.1.1 and 8.1.3
because the proposed extension and improvements to the street
within and adjacent to the subdivision should contribute to a safe
and efficient street system in this area. The extension of SW
Mountain View Lane will be required to be improved consistent with
City of Tigard standards for public local streets. The
anticipated traffic from the eleven residences to be built in the
subdivision are not expected to significantly affect total traffic
levels in the area.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the proposed subdivision, will promote the
general welfare of the City and will not be significantly detrimental nor
injurious to surrounding properties provided that development which occurs after
this decision complies with applicable local state and federal laws.
In recognition of the findings staff recommends APPROVAL of subdivision proposal
SUB 92-0010 and Variance VAR 92-0018 (for retention of a gravel drive and
provision of a gravel turn-around) for the proposed Mountain View Estates
subdivision subject to the conditions which follow.
ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE
FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT
FOR ALL RECOMMENDED CONDITIONS IS CHRIS DAVIES IN THE ENGINEERING DEPARTMENT,
639-4171.
1. The applicant shall be required to pay the fees as established under the
guidelines of Unified Sewerage Agency Resolution and Order No. 91-47.
NOTE: This is a two part fee which is paid at two different times. The
first portion is paid with the public improvements for that portion of
the development which increases the impervious area within the public
right-of-way. The second portion is paid at Building Permit issuance
for each individual lot.
2. Two (2) sets of detailed public improvement plans and profile
construction drawings shall be submitted for preliminary review to the
Engineering Department. Seven (7) sets of approved drawings and one (1)
itemized construction cost estimate, all prepared by a Professional
Engineer, shall be submitted 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.
3. An erosion control plan shall be provided as part of the public
improvement drawings. The plan shall conform to "Erosion Control Plans
- Technical Guidance Handbook, November 1989.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 11
0 9
4. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly
impacting properties downstream.
5. Storm drainage details shall be provided as part of the public
improvement plans. Calculations and a topographic map of the storm
drainage basin service area shall be provided as a supplement to the
public improvement plans. Calculations shall be based on full
development of the serviceable area. The location and capacity of
existing, proposed, and future lines shall be addressed.
6. A grading plan shall be submitted showing the existing and proposed
contours and typical finished floor elevations on each lot, including
elevations at 4 different corners of the floor plan tied to the top of
curb elevations as shown on the public improvement plans.
7. The applicant shall make an appointment for a pre-construction meeting
with the City of Tigard Engineering Department after approval of the
public improvement plans but before starting work on the site. The
applicant, the applicant's engineer and contractor shall be required to
attend this meeting prior to receiving the approved plans and permits.
8. Construction of the proposed public improvements and issuance of
Building Permits shall not commence until after the Engineering
Department has reviewed and approved the public improvements plans, a
street opening permit or construction compliance agreements have been
executed, a developer-engineer agreement has been executed and all
permit fees have been paid.
9. Prior to the plat being recorded with Washington County the applicant
shall provide a 100 percent performance assurance or letter of
commitment. As an alternative, the applicant may have the plat recorded
after the public improvements have been accepted by the City of Tigard
and Oregon Department of Transportation and has posted the appropriate
Maintenance Bond.
10. The preliminary plat shall be amended to demonstrate that lot 1100
maintains a minimum of 25 feet of frontage along the private common
roadway. STAFF CONTACT: Ron Pomeroy, Planning Division.
11. A plan shall be submitted to the Building Division showing the location
of all underground private utilities for the existing building. If they
cross over new property lines, they shall be provided with easements.
STAFF CONTACT: Brad Roast, Building Division.
12. A tree survey identifying the type and size of all trees on the site
which are over 6 inches in diameter shall be submitted. This survey
shall specify those trees which are proposed for removal in connection
with the construction of public improvements. A tree removal permit
shall be applied for and approved by the Planning Division prior to the
removal of any such trees on-site. STAFF CONTACT: Victor Adonri,
Planning Division.
HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 12
THE APPLICANT SHOULD BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITIONS PRIOR
TO THE ISSUANCE OF BUILDING PERMITS:
13. A tree survey identifying the type and size of all trees on the site
which are over 6 inches in diameter shall be submitted. This survey
shall specify those trees which are proposed for removal in connection
with the construction of residences. A tree removal permit shall be
applied for and approved by the Planning Division prior to the removal
of any such trees on-site. STAFF CONTACT: Victor Adonri, Planning
Division.
14. The septic tank shall be pumped out and filled in or completely removed.
An inspection shall be obtained after the tank is filled or removed.
A copy of the receipt from the pumping company shall be provided. If
the building is connected to the public sewer the line shall be properly
capped-off, and inspected by the City. STAFF CONTACT: Brad Roast,
Building Division.
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN
EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION.
41 -
Prepared By: Ron Pomeroy Date
Assistant Planner
rff Date
Approved By: Dick Bewta*nner
Senior HEARINGS OFFICER - SUB 92-0010 - HUTCHINS PAGE 13
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Subdivision Application Applicants Statement
Kathleen & Robert Hutchins
14520 S.W. Pleasant Valley Road
Beaverton, Oregon 97007
(503) 628-0889
Property Address/Location: 14160 S.W. 97th
Tigard, Oregon 97224
Tax Map WC TM 251 11BA Tax Lot 1100
0
The site size is 145x 274 with an existing 4 bedroom home. We would like to divide this property to
include three additional lots of approximately 8000 sq ft each, the home would have a lot of 9,985 sq. ft.
This property change would include the extension of Mt. View Lane.
We have asked for the continuation of a driveway variance to service two homes, until the property to the
west of us is developed. The city of Tigard has the development on Mt. View Terrace making a street
going north (see site plan, Long property) and when this property is developed it will flow onto Mt. View
Lane. When the property to the west of us (see site plan - Husvar) is developed it would make sense to
discontinue the use of this gravel driveway and also flow onto Mt. View Lane down the north/south
property lines (over the sewer lines recently put in).
We would like your approval of this request.
Sincerely;
Kathleen & Robert Hutchins
KATHLEEN & ROBERT HUT
14520 S.W. PLEASANT VALLEY OAD
BEAVERTON, OREGON 97007
(503) 628-0889
SUBDIVISION APPLICATIONNARIANCE REQUEST
PROPERTY ADDRESS: 14160 S.W. 97TH
TIGARD, OREGON 97223
TAX MAP AND TAX LOT # WCTM 251 11 BA
TAX LOT 1100
0
IN APPLYING FOR THE SUBDIVISION FOR THIS PROPERTY WE NEED TO REQUEST A VARIANCE FOR THE
CONTINUAL USE OF A GRAVEL DRIVEWAY. THE HOME THAT IS ON THE PROPERTY NOW USES A GRAVEL
DRIVE THAT IS AN EASEMENT ACROSS THE PROPERTY TO THE WEST. THIS DRIVEWAY CURRENTLY
SERVICES TWO HOMES. IN THE DEVELOPMENT OF THIS PROPERTY WE ARE CHANGING THE
CONFIGURATION SO THIS THE CURRENT HOME WILL USE MOUNTAIN VIEW LANE AND THE NEW LOT TO
THE NORTH WILL CONTINUE TO USE THE GRAVEL DRIVE,
THE PROPERTY ON WHICH THE EASEMENT LIES HAS PREVIOUSLY SUBMITTED A PROPOSAL FOR A
SUBDIVISION, WHICH HAD BEEN APPROVED BY THE CITY OF TIGARD. IN THIS PROPOSAL THE EASEMENT
WOULD CEASE TO EXIST AND A FORMATION OF A NEW STREET WOULD BE CREATED. THIS NEW STREET
WOULD EXTEND DOWN THE NORTWSOUTH PROPERTY LINE TO CONNECT WITH MOUNTAIN VIEW LANE
EXTENSION THAT THE QTY OF TIGARD HAS REQUESTED IN ORDER TO BEGIN WITH OUR DEVELOPMENT.
THE CREATION OF THE NEW STREET WOULD BE A BENEPIT TO OUR LOTS SO THEY CAN COME DIRECTLY
OFF THEIR PROPERTY ON TO THE STREET. AT THIS TIME THE PROPERTY IS NOT BEING DEVELOPED, BUT
AS ONE OF THE ENGINEERS SAID TO ME, "IT IS JUST A MATTER OF TIME." IT REALLY DOES NOT MAKE
SENSE TO PAVE THIS EASEMENT AND THEN TEAR IT UP FOR LOTS AND THE STREET TO BE PUT IN AN
ENTIRELY DIFFERENT DIRECTION.
THIS REQUEST OF A VARIANCE WILL, NOT CHANGE ANY CURRENT CONDITION OR CONFIGURATION OF THIS
EASEMENT OR PROPERTY, TITS REQUEST IS NOT IN CONFLICT WITH THE CURRENT COMPREHENSIVE PLAN,
Tlm USE WILT: CONTINUE TO BE THE SAME BUT IT WILL, SERVE A DIFFERENT HOME FROM THIS PROPERTY.
SINCE NOTHING FROM OUR SUBDIVISION WILL BE CHANGING OR CREATING ANYTHING DIFFERENT AND
THAT THE EASEMENT IS NOT ON OUR PROPERTY IT WILL NOT EFFECT ANY PHYSICAL OR NATURAL
SYSTEMS, TRAFFIC, DRAINAGE, OR PARKS IT WILL JUST REMAIN THE SAME AS IT IS NOW.
THANK YOU FOR YOUR CONSIDERATION OF THIS VARIANCE AND WE WOULD APPRECIATE YOUR
APPROVAL.
SINCERELY YOURS;
KATHLEEN E. HUTCHINS
ROBERT C. HUTCHINS
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Tigard, Or 97224
ILOA-hezllk
Robert & Kathleen
Hutchins
Rase Husvar
14200 SW 97th
Tigard
Trade & Thomas Lyn t-renl
9430 SW McDonald St
Tigard
Mn & Larinda Fullmer
14110 SW 97th
Tigard
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Larry Epstein, Hearings Officer
FROM: Ron Pomeroy, Assistant Planner
DATE:October 6, 1992
0
SUBJECT: Mountain View Lane extension regarding SUB 92-0009
Hutchins.
The future westerly extension of SW Mountain View Lane will
intersect SW 97th Avenue approximately 600 feet south of SW
McDonald Street. The crest of the hill on SW 97th Avenue lies
approximately 1,200 feet south of SW McDonald Street. Therefore,
the approximated distance between the potential intersection of SW
Mountain View Lane and SW 97th Avenue, and the crest on SW 97th
Avenue is 600 feet.
This vertical distance between this crest and the future
intersection of SW Mountain View Lane is approximately 30 feet.
The attached vicinity map was used as an exhibit during the
September 30, 1992 public hearing on SUB 92-0009. The crest of SW
97th Avenue is below the bottom edge of the map and therefore is
not shown. Also attached is a topographic map showing the
elevations and proximity of the intersection and the crest.
The City of Tigard Engineering Department has determined that this
is an acceptable location for the placement of the future potential
extension of SW Mountain View Lane.
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10/12/9: 13:54 %2509 684 7297 CITY OF TIG?,RD
the staff was prepared to work on a compromise
solution with the property owners for Council review;
however, it appeared that attempts to do so were not
successful.
e. _ Public hearing was closed.
f. Council deliberation:
Council discussed the issue and the majo-city
consensus was that they were still concerned (as
noted in the previous hearing) about the safety
problems created by the offset intersection.
Notion by Councilor Eadon, seconded by Councilor
Johnson, to deny the subdivision application-and to
uphold the NP4*s position on their appeal.
Council discussed the motion and issue further. if
a compromise could be found, several Councilors
expressed willingness to set over the hearing to
May 21. Councilor Johnson advised that, in her
review of the record, the delay of the development of
this property was not due to any inaction on the part
of the City.
Mrs. Otto remarked that compromise attempts had
failed. she did not indicate that further discussion
Would be helpful-
Councilor Schwartz advised he was ready to vote on
the issue; Mayor Edwards called for a voice vote on
the motion on the table.
The motion was approved by a unanimous vote of
Council present.
5. A a►L NYC EUKARYNG: suBnTVTSI0N SUB 90-0013 VARIMCH
94-0037 IADW/DEHA g f NPO t5 An appeal of a Plaming
Commission approval for a Subdivision request to divide an
approximately 2.05 acre site- into seven parcels between
approximately 8,554 and 12,025 square feet in size. Also
approved was a variance to Code Section 18.164.030 (g) (1) to
allow a 65 foot centerline--to-centerline separation of
intersecting streets whereas the Code requires a minimum
centerline separation of 344 feet when it is necessary that
intersecting streets form staggered intersections_ ZONE: R-
4.5 (Residential, 4.5 units/acre) LOCATION': 14110 SW 97th
Avenue (WCTM 2S1 11BA, tax lots 101, 105, & 111)
a. Public hearing was cont4Lnued from March 26, 1991.
CITY COUNCIL AGENDA - APRIL 23, 1995 - PAGE 5
2001
Fast-it`" brand tax transmittal memo 757 01 P86e2r 1,5
From
I 1~a.~1-- I F1pN C]MF~`C
1 M y.. r J 1 V y ai V N J • Y i a. v• a ~a .ar
b. City Engineer reviewed the staff report. (See material
contained in meeting packet.)
C. Public Testimony:
• Judy Fessler, 11180 S.W. Former, Tigard, OR 97223,
noted her rezar is on this issue vare congruent with
her testimony on the above hearing.
• Marlin DeHaas, DeHaas & Associates, Inc., Suite 300
AGC Center, 9450 S.W. Commerce Circle, Wilsonville,
OR 97070, testified as a representative of the
property owner. He noted his disappointment with the
- hearing process in that this hearing and the previous
hearimy were not held before Counell made a decision
on either issue-
Mayor reviewed the NFO process and notes the council
had specifically asked that a compromise solution be
worked out with the property owners and staff for
both Agenda Items 4 and 5.
There was discussion on the cityts continuing offer
to meet with -concerned parties. Mr. DeHaas responded
that he was not able to provide any azternatives
which would have been acceptable to his clients as
well as the City.
• Sue Carver, Chair of NPO 6, advised her testimony for
the previous hearing would also apply to this
hearing.
d. Recommendation by staff: City Engineer recommended
denial of the Subdivision proposal-
e. Mayor, once again, asked if there was any chance of
reaching a compromise. Mr. DeHaas, after conferring
briefly with his clients, indicated no eomproxise was
possible.
f. Public hearing was closed.
g. Motion by Councilor Eadon, seconded by Councilor Kasten,
to deny the subdivision proposal because of the safety
problems associated with the street and as, provided in
criteria outlined in TMC 18.164.033 g.
The motion was approved by a unanimous vote of Council
present.
CITY COUNCIL AGENDA - APRIL 23, 1991 PAGE 6
1V/1Gi b.: IJ.'05 =503 684 7+97 CITY OF TIGARD LIM 4Q3
t ~ l
of variance criteria by Legal Counsel., and concerns
about construction of sewer hookuys which may
already be in place. Comments included the
premise that the current Council should not be
bound by expired agreements, documents, and/or
decisions made ten years ago.
After comments by councilors and discussing the
criteria upon wnich to wake a decision, council
asked if the applicant would be willing to waive
the 120-day decision deadline for this development.
This request was made to allow the applicant to
work with Engineering staff on conceptual plans and
to revise the subdivision plans. of concern to
Council was the offset street design and. associated
safety problems experienced by this configuration
in the past. continuity of development of the
area, referring to a recent development proposal
(Castile) near this property, was also discussed by
council.
Mr. Waymire, after conferring with the owner, Mrs.
Otto, advised they would waive the 120-day response
period time limit.
Legal counsel and City Council, after discussion,
determined the best course of action would be to
continue the hearing item to a date certain.
Motion by Councilor Eadon, seconded by Councilor
Kasten, to continue this public hearing to
April 23, 1991.
The motion was approved by a unanimous vote of
council present.
f
5. AppRAL pUBI.TC FMAR3XG. SUBDIVISION SVB 90-0013 VARYANCE
VAR 90--0037 IAU'1"P D]M&M f NPO t~j An appeal Of a
Planning Commission approval for a subdivision request to
divide an approximately 2.05 acre site into seven parcels
J0C-'7' between approximately 8,554 and 12,025 square feet in
17 size. Also approved was a Variance to Code Section
18.164.030 (g) (1) to allow a 65-foot centerline-to-
centerline separation of intersecting streets whereas the
Code requires a minimum centerline separation of 300 feet
when it is necessary that intersecting streets form
staggered intersections. ZONE: R-4.5 (Residential, 4.5
units/acre) LOCATION: 14110 S.W. 97th Avenue.(WCTM 2S1
11BA, Tax Lots 101, 105, & 111)
a. Public nearing was opened.
CITY COUNCIL MEETING MINUTES - MARCH 26, 1991 - PAGE 9
IU V.: 1J: 00 '(,3 SUS U04 l~`J7 4111 Vr 1i,13-A .U Vui
1
b. There were no declarations or challenges.
C. Summation by Community Development Staff: Planner
,ierry offer reviewed the staff report. He advised
this proposal did not request flag lots. Of
concern to staff is the proposed access to 97th
Avenue which would include an offset intersection.
d. NVO Testimony: Sue Carver, Chair of NPO 6 which
was the appellant in this case, advised of the
N O*s concerns with the development. She advised
the NPo did not find fault with the configuration
of the development; however, when taken with the
Grandview development, these would be 17 lots.
There could be as many as seven new access points
to S . W. 97th. (See her written comments filed with
the packet meeting material.)
e. Stuart Kendall, Attorney, P. 0. Box 1708, Lake
Oswego, -Oregon advised he was representing Mr. and
Mrs. Lautt on this Issue. He advised the question
of fairness to the applicant should be considered
by the Council. He also noted the legal question
as "to whether or 'not the :aD improvements
constituted a partial construction of the
subdivision. He referred to the economic
couditions present in 1980-81 which precluded the
development- of this subdivision. He cautioned.
against consideration-of other layout proposals as
no ather proposals had been previously suggested or
considered for this property. The financial burden
to the property owner has been extrQ,.me.
In addition, lair. Kendall noted an existing private
easement right to cross the property.
i. Marlin DeHaas, 9450 S.W. Commerce Circle,
Wilsonville, Oregon 97470 advised he was
representing the Lautts. He noted he was troubled
by the process-and stated once again that he would
have preferred that, both hearing proposals be heard
before the council deliberated on the decision-
Mr. Degaas noted that the sewer laterals were im
place and referred to plans which indicated this,
Mayor Edwards restated the hearing process to be
followed as advised by the City's legal counsel..
Mr. DeHaas referred to the Planning Cazuission
approval in 1981 which included the offset street.
He advised that the. current Planning commission had
CITY COUNCIL MEETTING XnMTES - MARCH 26, 1991 - PAGE 10
%a •J V.7 ]1i i/1 till ur 11ts:1AV
conside-ed the issues carefully and requested that
their decision be upheld by the City -Oune?i.
H appealed to the Council to consider the merits
of the proposal. Mr. DeHaas hated that the
development as proposed would not require .c tear
up the street for improvements where another
configuration might rake this necessary.
g. Re-commandation by Community Development Staff was
to not uphold the Planning Ccmmissionls carder
approving the subdivision. The staff did not think
the variance criteria have baen satisfied. No
evidence has been presented as to why S.W. Rhonda
court could not be shifted northward to aliun with
Elrose Street. Mr. Offer advised staff reco=ended
that the City council continue review of the
development if the applicant was wi3ling to work
with staff and the developer of the property to the
south.
h. Rebuttal: Sue carver, Chair of NPO 6, out?ined the
NPO process and advised the applicant had not
availed themselves of the opportunity to review
their development with the NPO. Ms. Carver
referenced earlier testimony that the appeal was
submitted very late in the time line allowed. She
explained to council the procedure followed by the
NFO; the process was not extraordinary.
i. 3ohn Fullmer, requested an opportunity to address
Council. He noted his concerns with continued
access to his property. He confirmed that there is
a gravel driveway easement for access to three
properties in the subject area.
Mr_ Fullmer advised that access to 97th Avenue
would be an improvement to access available now to
the homes in the vicinity of the proposal.
j . Public hearing was closed.
k. Each councilor commented on the variance request
concerning the offset street. Council discussed
the concerns for safety and the need to review
street proposals with this in mind. other offset
streets now existing in Tigard confirm the safety
issues.
Council. discussed the fairness issues with regard
to the property owner. several councilors
indicated they would prefer to wait to cake a
W_-J .
CITY COUNCIL DIETING MINUTES - MARCH 26, 1991 - PAGE 11
lu• i~r y. ii: 0D
&Watio 009 Zsr
e.
u LL. Ur A l %a Ann
decision on this issue if the applicant Would agree
to work with staff and the adjoining property owner
to see if some of the problems could he addressed.
1. Mr. Kendall advised that the Laott's agreed to
waive the 120--day decision period deadline.
M. Motion by Councilor Kasten, seconded by Councilor
Schwartz, to ccntinue the public hearing to April
23, 1991.
The motion was approved by a unanimous vote of
Council present.
6. PUBT,TC HEARING: ZONE C&A-HGE ANNEXATION ZCA 31-0003 TUCK
NP0 4&1 A 'request to annex a parcel of approximately 0.7
acres to the city of Tigard and to change the zone from
Washington County R-5 (Residential, 5 units/acre) to City of
Tigard R-4.5 (Residential 4.5 units/acre). ZONE:
Washington County R-5 (Residential, 5 units/acre) LOCATION:
7970 SW Spruce Street (WCTM 1S-J1. 36CA, Tax Lot 2100)
A neighbof of the Redricks advised that the 'Hedricks
requested this application be withdrawn because or a
misunderstanding over the process of selling their property.
Mr_ and Mrs. Hedrick were not present.
Motion by Councilor Johnson, seconded by Councilor Rasten,
to continue this public bearing to April 9, 1991, to give
staff an opportunity to check with the Hedricks as to
whether they wished to proceed with annexation.
The motion was approved by a -unanimous vote. of Council
present.
7. PUBLIC BFXTUNG: ZONE CRMGE ANNEXA' IOW ZCA 91-0006 BB
HARPPORT (NPO A request to annex one parcel of three
other parcels consisting of 4.53 acres to the City of Tigard
and to change the zone from Washington County R-6
(Residential 6 snits/acre) to the City of Tigard R-4-5
(Residential, 4.5 units/acre). ZONE: Washington County R-6
(Residential, 6 units/acre) CATION: South of S.W.,Walnut
Street and West of S.W. 112th Avenue (WCTX 253. 3 AC, Tax Lot
400, and parts of 501, 900 and 1000)
a. Public hearing was opened.
b. There were no declarations er challenges.
c_ Associate Planner John Acker reviewed the staff report
submitted in the Council's meeting packet-
CITYCOMICIL MEEVING I+I].+tUTES -MARCH 26, 1991 - PAGE 12
Qoa M! t.i11 Ut 11t3AXU
IMSMSS I+METING
2. VISITOR`S AGINDA: No visitors.
3. CONSEN'.i' AGENDA:
Councilor Eadon requested tt:at Item 3.3 be pulled for separate
discussion. (see It" No. 9 on Page 9.)
3.1 approve Council Minutes: March 260 199'_
3.2 Authoryze the Mayor -to sign Agreement with Washington
County to Accept Community Development Block Grant Funds
for Pathways Near Metzger School
3.3 Authorize the mayor to Sign Renewal of Cooperative
Agreement with Washington County Mousing Authority "Co
Allow Conventional. Public $ousincl Resolution No. 91-20
3.4 Approve Resolution Expressing Support for MacKenzie River
Products' Application for an Oregon Business Development
Fund Loan Resolution No. 91-17
3.5 Approve Resolution Defining the Public Involvement
Process for western Bypass Study Resolution No. 91-18
3.6 Local Contract Review Board:
a: award Construction Contract for the Greenburg Road
street and Storm Sawer Improvements and authorize
the City Administrator to sign a contract with
Eudaly Brothers
b. Award Construction Contract for McDonald Street
Improvement and authorize tha City Administrator to
sign a contract with Northwest Eart =overs
Motion by Councilor Johnson, seconded by Councilor Kasten to
approve the Consent Agenda with the exception of Item 3.3
which is to be discussed separately.
The motion was approved by a unanimous vote of council
present.
4. FVFff 1C EMARING! SII'ST Ms:f0N SM 90-0007 VTANCE
VAR 90-003.1 WAVMRLX CONSTRUCTION/GRAN DvTEW (NP0 f) An appeal
of a Planning Commission approval of a Subdivision request to
allow division of a 2.4 acre parcel into 10 lots between 7 , 500
and 10,400 square feet in size. Also approved was a Variance
to allow less that 25 feet of public street frontage on two
proposed flag lots and a Variance to Code section 18.364.030
(g) (1) to allow a 65 foot centerline-to-centerline separation
of intersecting streets whereas the code requires a minimum
centerline separation of 300 feet when it is necessary that
intersecting streets form staggered intersections- ZONE: R-
4.5 (Residential; 4.5 units/acre) LOCATION: East side of SW
97th street and approximately 400 feet south of SW McDonald
W.-j U U i
CITY COUNCIL MEETING MISUTES - APRIL 23, 1991 - PAGE 3
10/12x92 13:59
V503 684 7297
CITY OF TIGARD
Street ('WCTLM 2S). 11BA, tax lots 100, 106, and 107)
On March 260 1991, the City Council reviewed ar_ appeal of two
subdivision pr+a3.imi nary plat approvals granted by the Planning
Commission. The Council continued the hearings on both items
to allow additional time for revisw of Engineering Department
conceptual plans for Vhis area. This would also give the
applicants an opportunity to revise the subdivi5xor plans to
address council's concerns.
a.
b.
Q.
Public hearing was continued from March 26, 1991.
City Engineer summariLed the staff report (see Council
packet material.)
Public testimony:
• Marlin, DeHaas, DeHaas & Associates, Inc., Suite 300
AGC Center, 9454 S.W. Commerce Circle, Wilsonville,
OR 97070, testified as a representative of the
property owner. He advised that alternative plans
had been developed; however, none of the options
were acceptable to all parties involved-. - -T.he
private easement was the most difficult issue.
• Judy Fessler, 11180 S.W. Fonner, Tigard, OR 97223,
recommended that the subdivision be approved as
forwarded by the Planning Commission.
In response to a question from the City Attorney,
Mrs. Fessler advised she was a member of the
Planning Commission and one of the decision makers
in the hearing on this issue when it was heard by
the Planning Commission. She advised her comments
at this meeting were as an individual.
Aase Otto, 14200 S.W. 97th Avenue, Tigard, OR
97224, testified as owner of the property. 14s.
Otto restated many of the points she had noted
during her March 26, 1991 testilaany. She reviewed
the history around the development of the proposed
development plan and her hardship as the result of
the LID formation.
• Sue Carver, Chair of NPO 6, testified as a
representative of the NPO which was the appellant
on this issue. She referred to the history of the
parcel and noted the NPO's concerns with the
proposed "Layout of the subdivision as contained in
their appeal document and previous testimony.
d. Recommendation by Staff : City Engineer noted that
Zoos
CITY COUNCIL AGENDA APRIL 230, 1991 - PAGE 4
l0 ~1L: tjd IJ-.Do paU.i 064 tZUi Lily ut li(2.A v CUL)k,
the staff was prepared to work on a compromise
solution with the property rimers for Council review;
however, it appeared that attempts to do so were not
successful.
e. Public hearing was closed.
f. council deliberation:
Council discussed the issue and the majority
consensus was that they were still concerned (as
noted in the previous hearing) about the safety
problems created by the offset intersection.
motion by Councilor Eadon, seconded by Councilor
Johnson, to deny the subdivision application and to
uphold the NPO's position on their appeal.
council discussed the motion and issue further. If
a compromise could be found, several Councilors
expressed willingness to set over the hearing to
May 21. Councilor Johnson advised that, in her
review of the record, the delay of the development of
this property was not due to any inaction on the part
of the City.
Mrs. Otto remarked that compromise attempts had
failed. She did not indicate that further discussion
would be helpful.
Councilor Schwartz advised he was ready to vote on
the issue; Mayor Edwards called for a voice vote on
the motion on the table.
The motion was approved by a unanimous vote of
Council present.
5. APPRAL FMWC IMRARINGt SUBDIVISION SUB 9o--OOi3 VARIAN~CH
VAR 90-0037 1JM1 T/DEHAAS !NM -451, An appeal of a Planning
Commission approval for a Subdivision request to divide an
approximately 2.05 acre site into seven parcels between
approximately 8,554 and 12,025 square feet in size. Also
approved was a Variance to Code Section 18.164.030 (g) (1) to
allow a 65 foot centerline-to-centerline separation of
intersecting streets whereas the Code requires a minimum
centerline separation of 300 feet when it is necessary that
intersecting streets form staggered intersections. ZONE: R--
4.5 (Residential., 4.5 units/acre) LOCATION: 14110 SW 97th
Avenue (WCT'M 2S1-11BA, tax lots 101, 105, & 111)
a. Public hearing was continued from March 26, 1991.
CITY COUNCIL AGENDA - APRIL 23, 1991 - PAGE 5
r v.rri--vim z.~cnir
}
2 , VISITOR'S AGENDA
• Jaques Nicoli, Engineer for Lewis Bacon, referenced an
annexation request (see Agenda Item 9). Mr_ Nicoli
registered concern cr er the process and problems encountered
by Mr. Bacon who was annexing because of septic tank failure
and the need to connect to the sanitary sewer.
City Administrator advised he had no first-hand kr►owledge
of Mr. Bacon's situation. It is the city's usual
practice to work to resolve health situation problems as
quickly as possible - He advised he would investigate and
report back to the council.
• Steve Pfeiffer, attorney representing Triad Tigard Ltd.,
referenced his March 26, 1991 letter to City Council. (ter.
Pfeiffer's letter has been filed with the Council packet
material. ) In t}us letter, Mr. Pfeiffer requested that
Council reconsider the Arbor Heights Apartment development
request.
The Mayor noted that IMfr. Pfeiffer had been working with City
Attorney Tim Ramis who was not present at the meeting.
After discussion with Council and Mr. Pfeiffer, the Mayor
advised that the Council would discuss the situation with
the City Attorney. The City would respond to Triad's
request for reconsideration within the next few weeks.
3. CONSENT AGPa
a-. Motion by councilor Eadon, seconded by Councilor Kasten,
to approve the following Consent Agenda Items:
.1 Approve Council Xinutes: February 12, 19 and 26,
1991
.2 Authorize the City Administz-ator to Sign Agreement
with Beaverton for Replacement of an Existing
Sanitary Sewer Crossing at scholls Ferry Road;
Authorize Expenditure of Funds from the Sanitary
Capital Improvement Projects Account for the
Project
.3 Authorize Staff to Advertise: for Bids for °Xear
Two" Park Levy Projects
.4 Local, contract Review Board: Bid Award for
Dartmouth Street Phase I
b. The motion was approved by a unanimous vote of COuPlci 1
present.
4. APPAL PUBLIC EaARXNG: SUBDIVISION =B 90-0007 VARIMCE
'B'AR go -DDIi WAVERLY CONSTIWCTION/GRANDVIEW (NPO 6) An
-J~ appeal of a Planning Commission approval of a SubdivisiOn-
CITY COUNCIL MEETING M-INUTES - MARCH 26, 1991 - PAGE 4
1(11112:'92 13: 59 0503 684 729", CITY OF TIGARD Z011
request to allow division of a 2.4 acre parcel into, 10 Lots
between 7,500 and 10,400 square feet in size. Also approved
was a Variance to allow less than 25 feet of public street
frontage on two proposed flag lots and a Variance to Code
Section 18.1-64.030 (g) to allow a 65-foot centerline-to-
centerline separation of intersecting air2zts whereas the
code requires a minimum centerline separation of 300 feet
; hen it is necessary that intersecting streets form
staggered intersections _ ZONE : R-4-5 (Residential, 4.5
units/acre) LOCATION. East side of Sid 97th Street and
approxiinatrely 400 feet south of Sid McDonald Street (WCTM 2S1
11 BA, Tax Lots 100, 136, and 10?)
a. Public hearing was opened.
b. There were no declarations or challena.eS
c. Staff Report by Planner Je1rin Offer'. On January 22,
1991, the Planning Commission approved, sub; ect to
conditions, a request f or Subdivision approval by Waverly
construction company a for a ten lot subdivision south of
McDonald Street and east of SW Mountainview Lane.
Npo #6 has appealed the decision citing concerns rel aid
to the granting of a variance to code section
18.164.060 _ B Which requires that all lots created through
the subdivision process have a minimum of 25 feet of road
frontage (lots 2 and 5 of the preliminary plat would each
have 10 feet of road frontage) and the granting of a
variance to allow a 65 foot intersection offset along SW
97th Avenue whereas Code Section 18.264.030.G states that
in no case shall the staggering of street intersections
along collector streets create offsets of less than 300
feet.
Factors cited by the Planning Commission in approving the
subdivision and variance requests included a 1580
Planning Commission approval of an identical preliminary
plat for this property and the installation of sanitary
sewers corresponding to that plat approval through a
local improvement district. The property owner has since
been assessed for the sewer improvements.
Staff and the KPA had both reco=exnded denial of the.
requested preliminary plat approval and variances.
Staff's recommendation was based pa~"'tiajly upon a
preference for a plan submitted by the applicant far
Piarmi ng Commission review on July 10, a99o that showed
how the subject site could be developed without requiring
variances to Ccde standards. In addition, the 7uly, 1990
preliminary plat proposed utilizing the existing sanitary
seviers on the site. The Planning Commission reviewed
CITY COUNCIL MEET1110 MINUTES - 14ARCH 260 1991 - PACE 5
W!!11-
• R
that proposal and had continued the hearing indefindtely.
The present proposal was submitted in response to the
continuance.
d. Legal Counsel Elliott revieured the request on a change in
hearing procedures (see Study Sess;on coiamants on Page
1). He advised it was his recommendation to hear and
decide on the two items separately.
e. NPO Testimony: Sue Carver, Chair of NPO 6, noted the
issues which prompt:d the appeal of two lard use
decisions before Council. (Ms. Carver referred tc
writ: erl notes; these notes have been filed with the
council packet meetinq material.)
f. Public Testimony:
Jim Long, 14274 $.W. 97tt: Avenue, Tigard, Oregon
97223 advised he signed in on the testimony sheet,
but declined to testify at this time.
Marlin DeHaas 9430 S-W. Commerce Circle,
Wilsonville OR 97074 referred to his letter
requesting the two issues be heard before waking a
decision on either one. Mayor advised that legal
counsel has advised that each issue should be heard
separately. Legal Counsel Elliott ra.iterated that
the decisions for each will be rendered in order.
Xr_ DeHaas advisee: that their development would be
affected by what happens to Mr. Waverly's request.
Mr. DeHaas recounted the history of the davelopment
and the interrelationship between the properties
referenced in Agenda Items 4 and B. A plat was
completed in the early 19801s; however, the plat
was never filed because of monetary problems and
the economy at the time.
The Lautt subdivision was planned as part of a
Local Improvement District (LID) sanitary serer
project for this area. Mr. DeHaas presented
Council with a map showing the planning for the
LIB.?. The City at the time of the formation of the
LSD encouraged the property owners, who had
undeveloped property, to come up with a development
scheme for the entire area. This was done in order
to know where to build the sanitary sewers and to
assess the property owners properly. Assessments
have been paid on sanitary sewer since the LID
formation. The Lautt's have been paging based upon
the proposed lot configuration.
CITY COUNCIL MEETING MINUTES - ?X,RCH 26, 1991 PAGE 6
i l t'P 1 11,AL%V
• f
:fin response to a question from Mr. DeHaas, Legal
Counsel advised the Council has the option to
consider the evidence and open up the issue to a
"de novo heari.ag" which they have elected to do.
Council asked several questions about the LSD
formation and assesaments. Mr. DaHaas rAspcndea
that the LID and lot conf igruration were d i -ectl y
related. City Engineer advised that the lots were
baing treated as large parcels now. The LID
estimated the number of lots which could be
subdivided and used this for the basis of
assessment.
• ?base D. Otto, 14200 S.W. 97th, Tigard, OR 97224
testified she bought the subject property in 1978.
She recounted the history of the LID and financial
conditions which prevented the construction of the
subdivision. she said she had been advised by the
City to "get in on making the plans' or whetn the
time came to subdivide The lands, she might not
have sewer access.
The cost of the LID was a little over $25,000 for
the improvement to the street (SW 97th) : the City
also took five--fee's of width of the total frontage.
Assessments were based on the number of lots. She
said she has been paying for 10 sewer lines which
are in the ground on her property. Her house, also
on the property, is not hooked tip to the sewer
lines. Total cost for the LID was about $52,000.
She advised she was now behind on the assessmant:
charges and awes $66,000. Ms. Otto disputed the
assertion by the NPO that there is no undue burden
to redo the subdivision.
The plat which was completed, but not recorded, was
done at the urging of the Planning Ccmaission at
that time. She said she had a different plan for
the property at the time which included a cul-de-
sac formation. The Lautt's and Ms. Otto worked
together on a plan which reflected the
transportation preferences by the City at that
time-
Ms. Otto referred to her variance request and noted
other developments which were developed similarly
(including flag lots) to whet was being proposed.
with regard to the configuration of the
development, Mrs- Qtto explained trees had been
planted around the perimeter of her home. She
`Yd U L J
CITY COUNCTL MEETING MINUTES - MARCH 26, 1991 - PAGE 7
Vtll Ur ttu11SLJ
~k:J •1 t •i
advised of the
subdivision to go
signed an earnest
1990.
c
importance to
through, noting
xuoney With her
her for this
Mr. Waymire had
in Febxvarv of
In response to a question by councilor Johnson
concerning a plan submitted by the applica.*at, Ms.
Otto adviser= she found it to be unacceptable
although staff preferred tihis layout. She nosed
her concerns being saving trees, a narrow driveway
serving six houses, and more pavement required on
the property- Also, complicating the issue, there
is another home which has an access easement across
the property.
Tom Burton, 302 Tigard Plaza, Tigard, Oregon
advised he was the enginser an the project. He
advised he- draw the plan mentioned by .Mrs. Otto as
being unacceptable. -This plan conformed to the
city requirements. While it would have worked, it
would have reVired some modification to the sewer.
Xr. Burton referenced the situation of the property
owners wherein their development plans have
expired; however, payment for the .LID continues.
Be said he felt the City awed it to the property
owners to honor the agreement and allow them to
develop their original plan. The original plan
would include the offset street (Rhonda Court) and
the rdquest for flag lots. Mrs. Otto's house would
be one of the flag lot:.; In addition, she has made
improvements by planting shrubs and trees based can
the original layout.
In response -to a question from Councilor Johnson,
Mr. Burton confirmed that the parcel could be
subdivided with the same number of lots which have
been used in the sewer assessment without requiring
variances. -He noted it would require some private
driveway-type of layout and modification of some of
the sewer services. Discussion on sewer services
followed. Mr. Burton indicated that it was his
understand=ing that sewer services were in place
(constructed to the various lots).
g . Recommonda tion by Co=unity DeYrelopment staff :
Deny the subd? vision and variance requests and
direct staff to prepare a final order-
h. Lengthy discussion followed. Included were
comments on the fairness issue to the . property
owner because of the situation of the LID, review
CITY COUNCIL MEETING MINUTES - MARCH 26, 1991 - PAGE 8
+ iV..1j. %JgV4 O1,24 fzvi kill Ur 11Vfnhv `tlVl~
of variance criteria by Legal Counsel,, and concerns
about construction of s-wer hookups which may
already be in place- Comments included the
premise that the current Council should not be
?pound by expired agreements, documents, and/or
decisions made tan years ago.
After comments by Councilors and discussing the
criteria upon which to make a decision, Council
asked if the applicant would be willing to waive
the 120-day decision deadline for this development.
This request was made to allow the applicant to
wor'x with Engineering staff on conceptuL plans and
to revise the subdivision plans. of concern to
Council was the offset street design and associated
safety problems experienced by this configuration
in the past. Continuity of development of the
area, referring to a recent development proposal
(Castile) near this property, was also disused by
Council.
Mr. Waymire, after conferring with the owner, Mrs.
Otto, advised they would waive the 120-day response
period time limit.
Legal counsel and city Council, after discussion,
determined the best course of action would be to
continue the hearing item to a date certain.
Motion by Councilor Eadon, seconded by Councilor
Rasters, to continue this public hearing to
April. 23, 1991.
The motion was approved by a unanimous vote of
Council present.
5. APPEAL PUBLIC B?BRING: SUBDIVISION SM 90-0013 VAR-T-ANCE
VAR 90-0037 LALS VIDESAM (NPO jgj An appeal of a
Planning commission approval for a subdivision request to
divide an approximately 2.05 acre site into seven parcels
between approximately 8,554 and 12,02S square feet in
size. Also approved was a Variance to Code Section
18.164.030 (g) (1) to allow a 65-font centerline-to--
centerline separation of intersecting streets whereas the
code requires a minimum centerline separation cf 300 feet
when it is necessary that intersecting streets form
staggered intersections. ZONE: R-4.5 (Residential, 4.5
units/acre) LOCATION: 14110 S.W. 97th Avenue (WCI'M 2S1
11BA, Tax Lots 101, 10$, & 111)
a. Public hearing was opened.-
CITY COi7NCrL jfELTIIQG MIMTES MARCH 26, 1991 - PAGE 9
. ` + ,
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): SUB 90-0007/VAR 90-0011
2. Name of Owner: Waverlv Construction/Grandview
Name of Applicant: Waverlv Construction
3. Address 31835 SW Countrv View Dr. City Wilsonville State OR Zip 97070
4. Address of Property: East side of SW 97th Street and approximately 400
feet south of SW McDonald Street
Tax Map and Lot No(s).: 2S1 11BA. tax lots 100. 106, and 107
5. Request: A request for Subdivision approval to allow division of a 2.4
acre Darcel into 10 lots between 7,500 and 10.400 square feet
in size. Also requested is a Variance to allow less that 25
feet of public street frontage on two DroDOSed flan lots.
ZONE: R-4.5 (Residential, 4.5 units/acres
6. Action: Approval as requested
X Approval, with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s)
x Owners of record within the required distance
X The affected Neighborhood Planning organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON February 20. 1991
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall,
P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in accordance
with 18.32.290(B) and Section 18.32.370 which provides that a written
appeal may be filed within 10 days after notice is given and sent. The
appeal may be submitted on City forma and must be accompanied by the
appeal fee ($315.00) and transcript costs, (varies up to a maximum of
$500.00).
The deadline for filing of an appeal is 3:30 p.m. Februarv 20, 1991
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
blue/SUB90-07. BKM
• •
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 91-03 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A SUBDIVISION (SUB 90-0007), VARIANCE (VAR 90-0011), AND LOT LINE ADJUSTMENT
(MIS 90-0020) REQUESTED BY AASE OTTO (WAVERLY CONSTRUCTION).
The Tigard Planning Commission has reviewed the above application at public
hearings on January 8 and 22, 1991 . The Commission has based its decision on
the facts, findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Subdivision SUB 90-0007, Variance VAR 90-0011,
Miscellaneous MIS 90-0020
REQUEST: 1) Preliminary plat review of a proposal to subdivide three
parcels totaling 2.4 acres into 10 lots ranging in size from
7500 to 10,400 square feet.
2) A Variance is requested to allow two of the proposed lots
to have less than the required 25 feet public street frontage
for lots created through the subdivision process (Community
Development Code Section 18.164.060.B).
3) A Variance is also requested to allow a local street
intersection offset of approximately 65 feet along a collector
street whereas Community Development Code Section 18.164.030.E
states that in no case shall the staggering of street
intersections along collector streets create offsets of less
than 300 feet.
4) Lot Line Adjustment approval is necessary to allow a 15 by
145 foot strip in the northeastern corner of the subject
property to possibly be added to one of the adjacent parcels.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre)
APPLICANT: Waverly Construction
31835 SW Country View Drive
Wilsonville, OR 97070
AGENT: Burton Engineering
302 Tigard Plaza
Tigard, OR 97223
OWNER: Aase B. Otto
14200 SW 97th Avenue
Tigard, Oregon 97224
LOCATION: 97224 SW 97th Avenue. East side of SW 97th Avenue,
approximately 400 feet south of SW McDonald Street
(WCTM 2S1 11BA, Tax Lots, 100, 106, 107).
2. Backaround Information
FINAL ORDER - OTTO - SUB 90-0007
PAGE 1
0 0
On November 61 1980, the Tigard Planning Commission reviewed a subdivision
proposal to divide the parcels into ten lots. The proposed subdivision
lots would have received access from a new east/west street on the northern
edge of the parcel, a new segment of SW Mountain View Lane along the
property's southern edge, and one parcel having direct access to SW 97th
Avenue. The proposal was approved by the Commission, but the plat was
never recorded with Washington County. That approval has expired.
On July 10, 1990, the Planning Commission reviewed a proposal to divide the
subject parcels into nine lots; six lots receiving access from a proposed
north/south private road and three lots from a north/south public road
along the eastern edge of the property. A new section of SW Mountain View
Lane was proposed to connect these two roads to SW 97th Avenue. No
variances were involved in this application. The Commission continued the
hearing on this proposal in order to allow the applicant and staff to
reconsider the subdivision's design after hearing testimony on the proposal
from. the applicant, owner, and neighbors. The current proposal by the
applicant is in response to the continuance.
No other land use or development applications regarding these parcels have
been reviewed by the city.
3. Vicinitv Information
The subject parcels are surrounded by other properties designated Low
Density Residential by the Comprehensive Plan. Properties to the north,
east, south and northwest are zoned R-4.5 and are developed with a
combination of recent single family residential development to the
northwest and older, large-lot single family residences to the north,
south, and east. SW Mountain View Lane dead ends approximately 145 feet
east of the southeastern corner of'the subject properties.
4. Site Information and Proposal Descriotion
The subject site consists of three tax lots comprising approximately 2.4
acres. A single family residence is located on Tax Lot 100, approximately
140 feet from SW 97th Avenue. Two outbuildings are also located on the
subject parcels. The parcels contain a combination of open grass covered
areas along with landscaping trees and several large fir trees. The
properties slope to the northeast.
The applicant proposes to subdivide the site into ten lots as illustrated
on the attached preliminary plat. The existing house is intended to be
retained. A variance is requested to allow two of the proposed lots, lots
2 and 5, to have less than the required 25 feet of public street frontage
for -lots created through the subdivision review process (Community
Development Code Section 18.164.060.8). In addition, Lot Line Adjustment
approval is necessary to allow a 15 by 145 foot strip in the far
northeastern corner of the subject property to possibly be added to one of
the adjacent parcels. Staff has added this approval request to this
application although the applicant's preliminary plat and application do
not address the need for the adjustment or show this strip of land as part
of the subject property.
A Variance is also requested to allow a local street intersection offset
of approximately 65 feet along a collector street whereas Community
Development Code Section 18.164.030.E states that in no case shall the
staggering of street intersections along collector streets create offsets
of less than 300 feet. The proposed location of SW Rhonda Street along the
properties northern boundary is offset approximately 65 feet south of the
location of SW Elrose Street on the opposite side of SW 97th Avenue.
FINAL ORDER - OTTO - SUB 90-0007 PAGE 2
• 9
The subdivision would be provided with public street access by two public
streets to be developed on the southern and northern boundaries of the
site. The applicant proposes dedicating 35 feet of right-of-way on the
south side of the property for an approximately 350 foot segment of SW
Mountain View Lane. An approximately 145 foot long gap would exist between
this section of SW Mountain View Lane and the existing section of the
street to the east. The applicant proposes constructing two-thirds street
improvements on Mountain View Lane consisting of a 26-foot wide road
surface with a standard 6-inch concrete curb and a 5 foot sidewalk on the
northern side of this street. The preliminary plat indicates a 25-foot
wide right-of-way dedication is intended for SW Rhonda Court on the
property's north side. The submittal shows a typical local street section
for SW Rhonda Court with two-thirds street improvements although it is not
clear how this would be constructed on the subject property without
additional right-of-way dedication. The typical street sections submitted
with the preliminary plat, as well as the plat itself, indicate that an
additional 16 feet of right-of-way dedication and 8 additional feet of
pavement section is anticipated to be provided through development of the
adjacent parcels at some point in the future.
Sanitary sewer service is proposed to be provided by extensions of the
existing sanitary sewer located along the east side of the project. This
existing sanitary sewer line was previously constructed through a local
improvement district. The property owner has been assessed for the future
development potential of the property for approximately nine years.
Storm drainage is proposed to be collected by a network of storm sewers
flowing to the east and north following the existing sanitary sewer
easements. The storm sewers would outfall into a drainageway approximately
150 feet northeast of the site. In addition, parcels abutting SW 97th
Avenue would be served by existing storm sewers in the street.
A Subdivision preliminary plat review request for the three parcels
immediately to the north has been made to divide the properties into 7 lots
(SUB 90-0013). That request also includes a Variance request to allow an
offset local street intersection with a collector street.
5. Aaencv and NPO Comments
The Engineering Division has reviewed the proposal and offers the following
comments:
a. The site accesses to S.W. 97th Avenue, a major collector street. The
applicant is proposing two access points: 1) an extension of S.W.
Mountain View Lane, and 2) a new proposed road, S.W. Rhonda Court.
The second access point, S.W. Rhonda Court, does not satisfy
Community Development Code Section 18.164.030.G.1 which requires that
streets making "T" intersections with collectors have a minimum of
300 feet of separation.
The Engineering Division has also been requested by the Planning
Department to make comments on another proposed subdivision,
SUB 90-0013, which is located adjacent to and to the north of this
proposed subdivision. The common point of interest between the
proposed subdivisions would be the proposed access road, S.W. Rhonda
Court, which would provide access to both subdivisions from S.W. 97th
Avenue_ Both subdivision applications require consideration of a
variance to the intersection spacing standard. The applicant for SUB
90-0013 has submitted a narrative addressing the approval criteria
for a variance to Community Development Code Section 18.164.030.G.1.
The City Council directed the Engineering Department to review
FINAL ORDER - OTTO - SUB 90-0007 PAGE 3
0 0
options for future development of the area bounded by McDonald
Street, 93rd Avenue, Inez Street, and 97th Avenue. Several
conceptual plans (see attachments) were prepared by the staff. All
of the options meet the requirement of 300 feet of separation for ^T^
intersections, and appear to provide adequate traffic circulation and
adequate emergency access to the neighborhood. Our joint (Planning
and Engineering) review of these conceptual options indicates that
buildable lots can be developed; in compliance with the Community
Development Code.
If this subdivision is developed prior to redevelopment of the
surrounding area, it will be necessary for the prospective developer
to provide a minimum of 34 feet of right-of-way and half street
improvements to include a minimum of 24 feet of street surface for
SW Rhonda Court. Based on any of the street alignments options that
the staff has reviewed, there would be no additional burden on this
developer, and he may be able to recoup a portion of his investment
under the new Tigard Municipal Code, Chapter 13.08.
If this subdivision is developed along with SUB 90-0013 and
using any one of the options proposed by staff there would be no
additional burden on either of the applicants. In fact, there may
be a savings to the applicants if they pursue the options as provided
in Chapter 13.08 of the Tigard Municipal Code.
Therefore, we conclude that a workable street system, with the
extension of S.W. Mountain View Lane as proposed by the applicant,
can be developed for the area that would not require any variances.
b. Sanitary sewer service is available from an existing 8° line on the
east and west sides and portions of the north and south property
lines. The existing sanitary sewer lines were constructed through
a local improvement district in the early 1980'x.
C. The applicant is proposing to run the storm drainage system into the
existing creek that is north of the property. This may still be
accomplished and is not dependent upon the street/lot lay out.
d. The Engineering Department recommends denial of the submitted
preliminary plat and proposed variance to the Community Development
Code Section 18.164.030.4.G because of the substandard street
intersection and the traffic safety problems that it could create.
The Building Division has reviewed the proposal and has commented that a
plan showing the location of utilities for the existing house must be
submitted (i.e., water lines, sewer lines, rain drains, septic tanks and
drainfields). If any of these utilities will cross the proposed new
property lines, easements will be required. Rain drains for the existing
house shall discharge to an approved location. In addition, the Building
Division has commented that private storm drain lines must be provided for
lots 4 through 8.
Tigard School District No. 23J has noted concerns with its ability to
maintain the current level of educational programs and school facilities
as the result of rapid growth throughout the district. The projected
enrollment from the proposed development is 3 students at Templeton
Elementary, and 2 students at Twality Junior High School. when combined
with other proposed development projects, the total projected enrollment
increase exceeds the facilities' design capacities. Further, the District
cannot guarantee that the new schools which are to open in 1992 will have
the design capacity to serve all of these proposed developments if the rate
FINAL ORDER - OTTO - SUB 90-0007 PACE 4
0 0
B.
of growth increases. Prospective home buyers should be advised that
students may have to be bused to other schools or placed in portable
classrooms.
The Metropolitan Area Communications Company (cable television) requests
that it be contacted by the developer prior to construction regarding cable
installation.
NPO 46 has reviewed the proposed subdivision and has recommended denial of
the proposed variance to create two flag lots with insufficient road
frontage because the NPO is concerned that the proposed flag lots are
inconsistent with the development pattern of the surrounding neighborhood.
The Tualatin Valley Fire and Rescue District, Tigard Water District, PGE,
and GTE have reviewed the proposal and have offered no comments or
objections.
No other comments have been received.
FINDINGS AND CONCLUSIONS
The applicable criteria in this case are Tigard Comprehensive Plan policies
2.1.1, 7.1.2, 7.3.1., 7.4.4, 8.1.1, 8.1.3, and 8.4.1 and Community
Development Code Chapters 18.50, 18.92, 18.134, 18.150, 18.160, 18.162, and
18.164.
The Planning Commission concludes the proposal is consistent with all
applicable Plan policies and Code criteria based upon the findings noted
below:
1. Policy 2.1.1 is satisfied because Neighborhood Planning Organization
#6 and surrounding property owners were given notice of the public
hearing on the subdivision proposal providing them an opportunity to
comment on the proposal.
2. Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because assurance
of the extension of sewer, water, and storm drainage facilities to
serve the development will be required prior to approval of the final
plat. Sanitary and storm sewers presently exist on the eastern
portion of the property. A water line and storm sewer are located
within SW 97th Avenue abutting the property. The applicant has
indicated that these facilities will be extended within the
subdivision in conformance with City standards. The Engineering
Division has indicated that the preliminary plans for providing these
utilities appear adequate. Detailed public improvement plans will
need to be approved prior to recording the plat.
3. Policy 8.1.1 calls for the provision of a safe and efficient street
system which will accommodate present and future needs. The proposed
street plan for the subdivision satisfies this policy because the
development would provide for improvement of the existing right-of-
way for SW 97th Avenue with sidewalk and streetlights as well as the
minimum necessary interim pavement widths and associated improvements
for the extension of SW Mountain View Lane along the south side of
the proposed development.
The proposed Mountain View Lane extension would improve opportunities
for redevelopment of the adjacent parcels to the east and south
without placing an undue burden on the future developers of those
parcels with regard to completion of street improvements. The
proposed southern street would align with SW Mountain View Lane 145
FINAL ORDER - OTTO - SUB 90-0007 PAGE 5
0 0
feet to the east and therefore would further the city's goal of
providing for a local street connection between the neighborhood to
the east and SW 97th Avenue. A sign has been posted at the present
western terminus of SW Mountain View Lane for some time noting that
future extension of the street has been contemplated by the City of
Tigard.
The preliminary plat is also consistent with Policy 8.1.1 with regard
to the location of the proposed Rhonda Court/SW 97th Avenue
intersection with respect to the location of SW Elrose Street on the
opposite side of SW 97th Avenue. Community Development Code Section
18.164.030.G states that in no case shall the staggering of street
intersections along collector streets create offsets of less than 300
feet. The applicant requests a variance to allow a, local street
intersection offset of approximately 65 feet on a collector street
for the proposed alignment. Section 18.160.120.5 of the Code
contains criteria for approval of a variance to a Code requirement
that is being reviewed as part of a subdivision application.
criterion 1
There are special circumstances or conditions affecting the property
which are unusual and peculiar to the land as compared to other lands
similarly situated.
a. Preliminary plat configuration for Lautt's Terrace, Grandview
Acres (Templeton Estates) and Solarcrest, (which includes SW
Elrose Street) were planned jointly with owners and the City
in the 1980-1981 period to accommodate and support the LID for
97th Avenue and the McDonald Sewer LID. The proposed locations
of Elrose Street (Janzen) and Rhonda Court were established as
a part of the LID projects (see sanitary sewer as-built plans)
and are the same as proposed by this application. Sewers were
constructed and assessments levied based upon this same
proposed alignment. owners were encouraged by the City to
accept such configurations to facilitate the LID and the usual
assessment procedures.
b. Lautt filed an original preliminary plat application for this
same configuration on 5/2/81 for approval of an 8-lot
subdivision on 2.58 acres in an R-7 zone. Staff conditions
were applied and Lautt acknowledged same on 5/22/81. The final
action staff report was dated 6/26/81. Based upon this
approval, Lautt proceeded with the final plat board. Because
of the state of the economy in 1981, the final plat for this
project, along with numerous others, were not timely filed, and
approvals expired.
Criterion 2:
The variance is necessary for the proper design or function of the
subdivision.
a. The sanitary sewers were designed and constructed to serve the
currently proposed lots and street configuration.
b. The proposed Rhonda Court, location best serves both the
proposed Lautt's Terrace and Grandview Subdivisions.
C. Existing access easements through the Lautt tract to individual
properties to the east fall within the proposed Rhonda Court
location.
FINAL ORDER - OTTO SUB 90-0007 PAGE 6
0 0
Criterion 3:
The granting of the variance will not be detrimental to the public
health, safety, and welfare, or injurious to the rights of other
owners of property.
a. The Proposed Rhonda Court location best accommodates rights of
the owners of Lautt•s Terrace and Grandview Acres in providing
reasonable and attractive access to subdivision lots. It also
accommodates prior access rights for individual properties to
the east.
b. Since 97th Avenue is a through street, both Rhonda Court and
Blrose Street will be controlled by stop signs. Very little
east-west cross traffic is anticipated between Rhonda Court and
Elrose Street.
Criterion 4:
The variance is necessary for the preservation and enjoyment of a
substantial property right because of an extraordinary hardship which
would result from strict compliance with the regulations of this
title.
a. The proposed street alignments were planned and approved
jointly by the City and owner in this area in the 1980-1981
period. Development has occurred and property has been
assessed based on these street alignments. The owner has
relied upon this earlier planning and it is not practical to
revise these earlier approvals. Such amendments would place
an extraordinary hardship upon the applicant.
4. Policy 8.1.3 requires that adequate right-of-way and street
improvements be provided for streets abutting or within a proposed
development. These will be provided as noted in the conditions of
approval noted in Section C. Of this order.
5. Chapter 18.50 of the Code is satisfied because the sizes of the
proposed lots are consistent with the 7500 square foot minimum lot
size standard of the R-4.5 zone. All proposed lots should be able
to be built upon in conformance with setback and maximum site
coverage standards of the zone without requiring variances.
The Proposed Lot Line Adjustment would allow the possible transfer
of a 15 by 145 foot section of existing tax lot 106 to either of the
adjacent parcels, tax lots 109 or 1100. Such an adjustment would
increase setbacks for existing structures and would increase the size
of either of these other parcels. Either adjustment would allow
these lots to remain in conformance with the minimum lot size and
dimensional requirements of the R-4.5 zone and would also be
consistent with the Lot Line Adjustment approval criteria (Community
Development code section 18.162.060). If an agreement is not reached
by the applicant with either of the adjacent property owners for
transfer of this strip of land to an adjacent parcel, the strip will
need to be included in proposed lot 1. Because of the configuration
of this strip of land, it is not clear what purpose would be served
by attaching the strip to lot 1. The strip would likely be a
maintenance burden for the owner of lot 1. The Commission strongly
recommends that this strip of land be transferred to an adjacent
parcel rather than being attached to lot 1.
6. Chapter 18.92 is satisfied because the proposed density is consistent
FINAL ORDER - OTTO SUB 90-0007 PAGE 7
with Code requirements. The area of the proposed subdivision
provides an opportunity for approximately 11 dwelling units if
developed to the full density opportunity of the R-4.5 zone.
7. Chapter 18.150 requires that the number of trees over six inches in
diameter that are removed during the course of construction be
minimized. The proposed development's streets, utilities, and
residences will require the removal of a significant number of trees.
However, the number of trees removed should and can be minimized.
The Commission will require that trees over six inches in diameter
be removed only to construct utilities, streets, and residences.
Plans for tree removal and protection must be reviewed by the
Planning staff through an application for a tree cutting permit.
8. Chapter 18.160 is satisfied because the proposed plat is consistent
with the applicable Plan and Code requirements that relate to this
type of request or variances have been justified. The plat name is
not duplicative of other recorded plats.
9. Chapter 18.162 is satisfied because the recommended Lot Line
Adjustment would be consistent with the approval criteria for a Lot
Line Adjustment as described in 5 above.
10. Chapter 18.164 (Street and Utility Standards) is satisfied by the
preliminary plat submittal. The proposal would adequately provide
storm drainage and sanitary sewer facilities. The typical street
section and plan view of the proposed street demonstrate compliance
with the street design standards of Chapter 18.162. The proposed
local street intersection with SW 97th Avenue is not consistent with
Community Development Code, but a variance has. been justified as
noted above in this order.
Proposed lots 2 and 5 do not contain 25 feet of frontage along a
street as required by Community Development Code 18.164.060.8.
The Commission finds that the request satisfies the subdivision
variance approval criteria of Code Section 18.160.120.B. which also
applied to the street alignment issue discussed under Policy 8.1.1
above.
The Commission finds the two proposed flag lots to be justified
because:
a. There are unusual circumstances that exist due to the
previously described LID and subdivision approvals which
applied to this property.
b. The variance is necessary to allow this property and the parcel
to the north (Lautt) to develop as originally intended.
C. The proposed design of the flag lots will not have an adverse
impact because adequate vehicular and emergency access will be
provided.
C. DECISION
The Planning Commission approves SUB 90-0007/VAR 90-0011/Xis 90-0020 subject to
the following conditions:
UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED
PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. STAFF CONTACT: Chris
Davies, Engineering Department, 639-4171.
FINAL ORDER - OTTO - SUB 90-0007 PAGE 8
• 0
1. The Tigardville Heights street assessments will be segregated evenly among
the proposed 10 lots. The remaining principal of $23,387.47 (T.L. 00100 -
$7,997.28, T.L. 00106 - $8,105.20, and T.L. 00107 - $7,284.99) shall be
segregated so that nine lots shall be responsible for paying and assessment
of $2,338.74 and one lot shall be responsible for paying an assessment of
$2,338.81. STAFF CONTACT: Wayne Lowry, Finance Dept., 639-4171.
2. Delinquent interest related to the Tigardville Heights street assessments
in the amount of $22,138.16 shall be paid within 30 days of recording the
subdivision plat. STAFF CONTACT: Wayne Lowry, Finance Dept., 639-4171.
3. Prior to issuing building permits for any lot, the total outstanding
assessment principal and interest for the lot which contains the existing
house (lot 5) shall be paid. Following the receipt of this payment,
building permits on all other lots shall be issued after the total
outstanding assessment principal and interest is paid for the lot on which
the building permit is sought. STAFF CONTACT: Wayne Lowry, Finance Dept.,
639-4171.
4. Lots 7 AND 9 shall not be permitted to access directly onto S.W. 97th
Avenue.
5. Driveway cuts shall not be permitted within thirty feet of intersecting
right-of-way lines nor within five feet of property lines.
6. A joint use and maintenance agreement shall be executed and recorded on
City standard forms for all common driveways. 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.
7. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly impacting
properties downstream.
8. Sanitary sewer and storm drainage details shall be provided as part of the
public improvement plans. Calculations and a topographic map of the storm
drainage basin and sanitary sewer service area shall be provided as a
supplement to the public improvement plans. Calculations shall be based
on full development of the serviceable area. The location and capacity of
existing, proposed, and future lines shall be addressed.
9. Standard half-street improvements, including concrete sidewalk, driveway
apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage,
streetlights, and underground utilities shall be installed along the S.W.
97th Avenue frontage. Improvements shall be designed and constructed to
major collector street standards and shall conform to the alignment of
existing adjacent improvements or to an alignment approved by the
Engineering Department.
10. Two (2) sets of detailed public improvement plans and profile construction
drawings shall be submitted for preliminary review to the Engineering
Department. Seven (7) sets of approved drawings and one (1) itemized
construction cost estimate, all prepared by a Professional Engineer, shall
be submitted 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.
11. Building permits will not be issued and construction of proposed public
improvements shall not commence until after the Engineering Department has
reviewed and approved the public improvement plans and a street opening
permit or construction compliance agreement has been executed. A 100
FINAL ORDER - OTTO - SUB 90-0007 PAGE 9
0 0
percent performance assurance or letter of commitment, a developer-engineer
agreement, the payment of a permit fee and a sign installation/streetlight
fee are required.
12. Additional right-of-way shall be dedicated to the Public along the S.W.
97th Avenue frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied-to the existing right-of-way
centerline. The dedication document shall be on City forms. Instructions
are available from the Engineering Department.
13. 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).
b) Monument Boxes Required
1) Monument boxes conforming to City standards will be
required around all centerline intersection points and
cul-de-sac center points.
2) The tops of all monument boxes shall be set to finished
pavement grade.
14. A grading plan shall be submitted showing the existing and proposed
contours. In addition, the applicant shall include a typical finished
floor elevation for each lot. This shall include elevations at 4 different
corners of the floor plan which are tied to the top of curb.elevations, as
shown in the public improvement plans.
15. Two-thirds street improvements, including traffic control devices, mailbox
clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete
pavement, sanitary sewers, storm drainage, streetlights, and underground
utilities shall be provided for both S.W. Mountain View Lane and Rhonda
Court. Improvements shall be designed and constructed to local street
standards.
16. An erosion control plan shall be provided as part of the public improvement
drawings. The plan shall conform to "Erosion Control Plans - Technical
Guidance Handbook, November 1989."
17. Prior to the issuance of building permits the Traffic Impact Fee shall be
paid.
18. A maintenance and access agreement shall be executed and recorded on City
standard forms for all storm drain outfalls. 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.
FINAL ORDER - OTTO - SUB 90-0007 PAGE 10
•
19. The applicant shall, prior to recording of plat, pay a fee in-lieu of the
construction of an on-site water quality facility.
20. The storm and sanitary sewer systems shall be designed to minimize the
location of manholes outside of public rights of way. The final sewer
system design is subject to approval by the City Engineer. The City
Engineer may require dedication of easements and construction of access
roads where necessary to provide City access for maintenance of the public
sewer lines. In reviewing the adequacy of the sewer system design, the
City Engineer shall give consideration to minimizing future maintenance
costs to the City.
21. The applicant shall make an appointment, Pre-Construction meeting, with the
City of Tigard Engineering Department after approval of the plans but prior
to starting any work on the site. The applicant, applicant's engineer and
contractor shall be required to attend this meeting prior to receiving the
approved plans/permits.
22. The applicant shall submit a lot line adjustment survey showing the
existing and proposed lot lines and legal descriptions of the parcels for
review and approval by the Engineering Department.
THIS DECISION IS VALID IF EXERCISED WITHIN 18 MONTHS FROM THE FINAL APPROVAL
DATE.
It is further ordered that the applicant be notified of the entry of this order.
ssion of the City
PASSED: This day of February, 1991, by the Plann",~
of Tigard. M' o r i
s re dent
Tiaa d Planni o ssio
SUB90-07.PFO/kl
FINAL ORDER - OTTO - SUB 90-0007 PAGE 11
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PRELIMINARY PLAT
SCAL E.-' I I00'
-GRANDVIEW ACRES-
APPLICANT
WAVERLY CONSTRUCTION
31835 S. W. COUNTRY VICW DR.
WILSONVIL LE, OREGON 97070
PH: 694-3505
OWNER:
KENNET.!! J. )VAYMIRE
31835 W. COUNTRYVIEW DR
WILSOWVILLE, OREGON 97070
PH: 694- 5505
.t
A
ENGINEER:
BURTON ENGINEERING A
SURVEYING
302 TIGARD PLAZA
(HALL BLVD. 8 PACIFIC HWYI
TI GA RD, OREGON 97223
PH. (503) 639-6116
FA X 639-6117
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): SUB 90-0013/VAR 90--0037
2. Name of Owner: Ronald & Anna Lautt
Name of Applicant: De Haas & Associates, Inc. (Marlin De Haas)
3. Address 9450 SW Commerce Circle S-300 City Wilsonville State OR Zip 97070
4. Address of Property: 14110 SW 97th Avenue
Tax Map and Lot No(s).: 2S1 11BA„ tax lots 101, 105, & 111
5. Request: A recruest for Subdivision approval to divide an approximately
2.05 acre site into seven parcels between approximately 8,554
and 12.025 square feet in size. Also requested is a Variance
to Code Section 18.164.030 (a) (1) to allow a 65 foot
centerline-to-centerline separation of intersecting streets
whereas the Code requires a minimum centerline separation of
300 feet when it is necessarv that intersecting streets form
staaaered intersections. ZONE: R-4.5 (Residential, 4.5
units/acre)
6. Action: Approval as requested
X Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON February 20, 1991 UNLESS
AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions
can be obtained from the Planning Department, Tigard City Hall,
13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in accordance
with 18.32.290(B) and Section 18.32.370 which provides that a written
appeal may be filed within 10 days after notice is given and sent. The
appeal may be submitted on city forms and must be accompanied by the
appeal fee ($315.00) and transcript costs, (varies up to a maximum of
$500.00).
The deadline for filing of an appeal is 3:30 p.m. February 20, 1991
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639--4171.
bkm/SUB90-13.BRM
0 •
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 91-04 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A SUBDIVISION (SUB 90-0013), VARIANCE (VAR 90-0037), AND LOT LINE ADJUSTMENT
(MIS 90-0021) REQUESTED BY RONALD AND ANNA LAUTT (DEHAAS AND ASSOC.).
The Tigard Planning Commission has reviewed the above application at public
hearings on January 8 and 22, 1991. The Commission has based its decision on the
facts, findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Subdivision SUB 90-0013
Variance VAR 90-0037
Miscellaneous MIS 90-0021
REQUESTS: 1) Subdivision preliminary plat approval to divide an
approximately 2.05 acre site into seven parcels ranging between
8,554 and 12,025 square feet in size; 2) a Variance to Community
Development Code Section 18.164.030.G.1 to allow a 65 foot center to
center line separation of intersecting streets whereas this Code
requirement specifies a minimum center line separation of 300 feet
when it is necessary that intersecting streets form staggered
intersections; 3) Lot Line Adjustment approval to result in the
current area of tax lot 111 being split between the proposed
subdivision's lot 6 and tax lot 109 to the east.
COMPREHENSIVE PLAN DESIGNATION - Low Density Residential
ZONING DESIGNATION - R-4.5 (Residential, 4.5 units/acre)
APPLICANT: DeHaas & Associates, Inc. (Marlin DeHaas)
9450 SW Commerce Circle, Suite 300
Wilsonville, OR 97070
OWNERS: Ronald & Anna Lautt
14110 SW 97th Avenue
Tigard, OR 97224
LOCATION: 14110 SW 97th Avenue (WCTM 2S1 11BA, Tax lots
101, 105, 111, and possibly 109 for lot line adjustment)
2. Backaround Information
On June 26, 1981, the Tigard Planning Commission reviewed a
subdivision proposal to divide the subject property into eight lots
(S 5-81). The file for the current application includes a letter
from the applicant's engineer noting that the Planning Director at
that time had "verbally approved" a variance to the local street
alignment standard. No evidence is found that the Planning
Commission formally addressed the street alignment issue. The
proposed subdivision plat was approved by the Commission but the
plat was never recorded with Washington County. That approval
expired in 1982. The current preliminary plat is essentially the
same as the earlier proposal except that tax lot 109 to the east
which was proposed as part of that subdivision application has
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 1
9 •
subsequently been created separately (Minor Land Partition file MLP
19-81). No other land use or development applications regarding
these parcels have been reviewed by the City.
3. Vicinity Information
The subject parcels are surrounded by other properties designated
Low Density Residential by the Comprehensive Plan and which are
zoned R-4.5. Properties to the north are developed with a number of
single family residences fronting on SW McDonald Street. Properties
to the west were recently developed with single family residences
within the Solarcrest subdivision. A large parcel directly to the
east contains one single family residence. This parcel, as well as
another parcel to the southeast share a driveway with the subject
parcel. Three properties directly to the south contain one single
family residence, but these three parcels, owned by Aase Otto, are
currently also under review by the Planning Commission for
subdivision into ten lots (SUB 90-0007). This other subdivision
proposal is dependent upon a shared public roadway with the
subdivision currently under review.
4. Site Information and Proposal Description
The subject site consists of three tax lots comprising approximately
2.05 acres. A mobile home and several outbuildings are located on
Tax Lot 101. The parcels contain a combination of open grass
covered and uncovered recently filled areas along with a number of
large fir trees. Properties slope to the north and the east into a
distinct drainageway roughly centered along the property's northern
border.
The applicant proposes to subdivide the site into seven lots as
illustrated on the attached preliminary plat. The existing mobile
home is intended to be removed.
The subdivision is proposed to be provided with public street access
by development of an approximately 300 foot long cul-de-sac street
extending from SW 97th Avenue to a circular turnaround. The street-
would be located along the southern edge of the property. All lots
except for proposed lot 1 would have frontage on this proposed
street. It is intended that right-of-way dedication and street
improvements for this street would be shared with the proposed
subdivision on the Otto property to the south (SUB 90-0007). The
preliminary plat's typical street section does not indicate how the
right-of-way and street improvements would be split between the two
proposed subdivisions, nor does the applicant's statement provide
details on how the street would be built if these subdivisions are
not developed concurrently.
The applicant has requested a variance to Code Section
18.164.030.G.1 which requires a minimum street center line
separation of 300 feet for staggered intersections. The proposed
new street along the southern edge of the property would form an
approximately 65 foot offset from the center line of SW Elrose
Street on the other side of SW 97th Avenue.
The Subdivision application (as shown) also would necessitate
approval of a lot line adjustment between tax lot 111 and tax lot
109 to the east or else a 105 by 20 foot remnant parcel would be
created to the east of proposed lot 6. The suggested lot line
adjustment would result in the current area of tax lot 111 (0.9
acre) being split between the proposed subdivision's lot 6 and tax
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 2
0 0
5.
lot 109. The needed lot line adjustment is not described in the
application or illustrated on the maps that have been submitted.
Sanitary sewer service is proposed to be provided by an existing 8
inch sanitary sewer line on the property. The sanitary sewer line
includes several T's for sewer laterals to serve individual homes.
The existing sanitary sewer line was constructed through a local
improvement district in the 'early 1980s to coincide with the
subdivision design proposed for this property in 1981. The property
owner has been assessed for the future development potential of the
property for approximately nine years.
Storm drainage is'proposed to be collected by a storm sewer within
the proposed street that would extend to the northern edge of the
property between proposed lots 5 and 6. The storm sewer would
discharge to the open drainage way along the northern property line.
Water service is proposed to be extended into the subdivision from
a six inch water line along SW 97th Avenue.
Acencv and NPO Comments
The Engineering Division has reviewed the proposal and offers the
following comments:
a. The site accesses to S.W. 97th Avenue, a major collector
street. The applicant has requested a variance, to Section
18.164.030 of the Community Development Code, to allow a "T"
intersection with a collector (S.W. 97th) to be within 65 feet
of the intersection of S.W. Elrose Street on the opposite side
of S.W. 97th. The proposed access point does not meet the
criteria, as per Section 18.164.030.G.1., requiring that
streets making "T" intersections with collectors have a
minimum of 300 feet of separation.
The Engineering Division has also been requested by the
Planning Department to make comments on a proposed
subdivision, SUB 90-0007, which is located adjacent to and
south of this proposed subdivision. The common point of
interest would be the proposed access road, S.W. Rhonda Court,
which would access to S.W. 97th Avenue.
The City Council directed the Engineering Department to review
options for future development of the area bounded by McDonald
Street, 93rd Avenue, Inez Street, and 97th Avenue. Several
conceptual plans (see attachments) were prepared by the staff.
All of the options meet the requirement of 300 feet of
separation for "T" intersections, and appear to provide
adequate traffic circulation and adequate emergency access to
the neighborhood. Our joint (Planning and Engineering) review
of these conceptual options indicates that buildable lots can
be developed, in compliance with Community Development Code
standards.
If this subdivision is developed prior to development of the
surrounding area, it will be necessary for the developer to
provide a minimum of 34 feet of right-of-way and half street
improvements to include a minimum of 24 feet of street
surface. Based on any of the street alignment options that
the staff has reviewed, there would be an initial burden on
this developer but he may be able to recoup his investment
under the new Tigard Municipal Code, Chapter 13.08.
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 3
0 •
If this subdivision is developed along with SUB 90-0007 and
using any one of the options proposed by staff, there would be
no additional burden on either of the applicants. In fact,
there may be a savings to the applicants if they pursue the
options as provided in Chapter 13.08 of the Tigard Municipal
Code.
Therefore, we conclude that a workable street system can be
developed for the area and that would not require any
variances.
b. Sanitary sewer service is available from an existing 8" line
on the property and surrounds the said property except on the
south side. The existing sanitary sewer line was constructed
through a local improvement district in the early 19801s. The
applicant has requested a variance to the street alignment
based on the fact the sanitary sewers were designed and
constructed to serve the currently proposed lot and street
configuration. Based on staff's review of all options it is
clearly evident that, with the options that we have reviewed,
the existing sanitary sewer lines would be able to serve more
than just the proposed configuration.
C. The applicant is proposing to run the storm drainage system
into the existing creek that runs along the north property
line. This may still be accomplished and is not dependent
upon the street/lot layout.
d. The Engineering Department recommends denial of the submitted
preliminary plat and proposed variance to the Community
Development Code Sec. 18.164.030.4.E because of the
substandard street intersection and the traffic safety
problems that it would create.
The Building Division has reviewed the proposal and has provided the
following comments:
a. The street should be paved prior to issuance of building
permits, or a monetary performance assurance should be
provided.
b. Prior to approval for issuance of building permits, silt
barriers shall be installed along all curbs abutting private
and public streets. The barriers shall consist of hay bales or
silt fences. If the lots have a slope of 5% or less, the
barrier can be in the form of; excavating along the entire
street frontage for six inches below the top of the curb, for
five feet back, and placing six inches of clean gravel in the
excavation. Where "curb drops" occur, an approved silt barrier
shall be installed {i.e, wheel chair ramps, unused driveway
drops, etc...},
C. If the existing buildings are to be removed, a demolition
permit will be required.
d. The existing building which will cross the new property line
between proposed lots 4 and 5 must be removed. The existing
building on proposed lot 3 appears to be on or near the lot
line between proposed lots 3 and 4; this building will be
required to meet the minimum setbacks or shall be altered to
satisfy the building code construction standards for the
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 4
s •
distance to the property line.
e. Private storm drains shall be provided from proposed lots 1,
2, 3,4 and 7 to the open drainageway to the northeast.
Easements shall be provided where the lines will cross other
lots.
f. The finished grade of the lots shall have a maximum slope of
2:1, or the engineer shall certify the stability of steeper
slopes. This will include the slope and fill from the
excavation for the foundations of the structures.
g. A report from a registered soils engineer should be required
for the fill material placed on the property. The report
shall indicate the soil's bearing capacity and its suitability
for support of a residential structure.
The Tualatin Valley Fire and Rescue District has commented that fire
hydrants will be required within 500 feet of all portions of
potential building envelopes as measured around the outside of the
potential building site. The Fire District also states that the cul
de sac bulb radius shown on the preliminary plat is inadequate. A
minimum radius of 45 feet of driving surface is required.
NPO #6 has reviewed the proposed subdivision and recommends denial
of the proposed variance to allow the requested less than 300 foot
intersection separation on a collector street. The NPO recommends
that the subdivision proposal be redesigned to reverse the cul de
sac street to align with a north-south street coming from the south
as was previously proposed for the property to the south. STAFF
NOTE: See the exhibits provided by the City of Tigard Engineering
Department.
The Tigard Water District, Northwest Natural Gas, PGE, and GTE have
reviewed the proposal and have offered no comments or objections.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The applicable criteria in this case are Tigard Comprehensive Plan
Policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3, and 8.4.1 and Community
Development Chapters 18.50, 18.92, 18.108, 18.150, 18.160, 18,162 and
18.164.
The Planning Commission concludes that the proposal is consistent with all
of the applicable Plan policies and Code criteria based upon the findings
noted below:
1. Policy 2. 1.1 is satisfied because Neighborhood Planning Organization
#6 and surrounding property owners were given notice of the public
hearing on the subdivision proposal providing them an opportunity to
comment on the proposal.
2. Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because assurance
of the extension of sewer, water, and storm drainage facilities to
serve the development will be required prior to approval of the
final plat. A sanitary sewer presently exists on the property. A
water line and storm sewer are located within SW 97th Avenue
abutting the property. The open drainageway on the northern portion
of the site provides another acceptable location for disposal of
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 5
storm drainage. The applicant has indicated that these facilities
will be extended within the subdivision as illustrated on the
preliminary plat. The Engineering Division has indicated that the
preliminary plans for providing these utilities appear adequate.
Detailed public improvement plans would need to be developed and
approved prior to recording the plat.
Policy 8.1.1 calls for the provision of a safe and efficient street
system which will accommodate present and future needs. The
proposed street plan for the subdivision is consistent with this
policy because the proposed development would provide for completion
of the street improvements to the existing right-of-way for SW 97th
Avenue, would provide an adequate turn around area for a dead end
street (Community Development Code Section 18.164.030.E.1 requires
a minimum outside radius of 42 feet for the street surface of the
turn around as shown rather than the 45 foot radius requested by the
Fire District), and would provide the minimum pavement widths and
associated improvements for the new street on the south side of the
proposed development if this street is developed concurrent with
redevelopment of the property to the south. If one of these
proposed subdivisions is developed as proposed prior to development
of the other, it will be necessary for that subdivision to provide
a minimum of 34 feet of right-of-way and half street plus (24 feet
of pavement) street improvements. The proposed street would allow
for redevelopment of the adjacent parcels to the southeast and south
without placing an undue burden on the future developers of those
parcels with regard to the completion of the street improvements.
Community Development Code Section 18.164.030.G does not allow the
staggering of street intersections along collector streets create
offsets of less than 300 feet. This standard is intended to avoid
traffic safety problems due to awkward vehicular turning movements
from the opposing intersections. The applicant requests a Variance
to allow a local street intersection offset of approximately 65 feet
on a collector street for the proposed alignment. Section
18.160.120.B of the Code contains criteria for approval of a
variance to a Code requirement that is being reviewed as part of a
subdivision application.
Criterion 1
There are special circumstances or conditions affecting the property
which are unusual and peculiar to the land as compared to other
lands similarly situated.
a. Preliminary plat configuration for Lautt's Terrace, Grandview
Acres (Templeton Estates) and Solarcrest, (which includes SW
Elrose Street) were planned jointly with owners and the City
in the 1980-1981 period to accommodate and support the LID for
97th Avenue and the McDonald Sewer LID. The proposed
locations of Elrose Street (Janzen) and Rhonda Court were
established as a part of the LID projects (see sanitary sewer
as-built plans) and are the same as proposed by this
application. Sewers were constructed and assessments levied
based upon this same proposed alignment. Owners were
encouraged by the City to accept such configurations to
facilitate the LID and the usual assessment procedures.
b. Lautt filed an original preliminary plat application for this
same configuration on 5/2/81 for approval of an 8-lot
subdivision on 2.58 acres in an R-7 zone. Staff conditions
were applied and Lautt acknowledged same on 5/22/81. The
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 6
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final action staff report was dated 6/26/81. Based upon this
approval, Lautt proceeded with the final plat board. Because
of the state of the economy in 1981, the final plat for this
project, along with numerous others, were not timely filed,
and approvals expired.
Criterion 2:
The variance is necessary for the proper design or function of the
subdivision.
a. The sanitary sewers were designed and constructed to serve the
currently proposed lots and street configuration.
b. The proposed Rhonda Court, location best serves both the
proposed Lautt's Terrace and Grandview Subdivisions.
C. Existing access easements through the Lautt tract to
individual properties to the east fall within the proposed
Rhonda Court location.
Criterion 3:
The granting of the variance will not be detrimental to the public
health, safety, and welfare, or injurious to the rights of other
owners of property.
a. The proposed Rhonda Court location best accommodates rights of
the owners of Lautt's Terrace and Grandview Acres in providing
reasonable and attractive access to subdivision lots. It also
accommodates prior access rights for individual properties to
the east.
b. Since 97th Avenue is a through street, both Rhonda Court and
Elrose Street will be controlled by stop signs. Very little
east-west cross traffic is anticipated between Rhonda Court
and Elrose Street.
Criterion 4:
The variance is necessary for the preservation and enjoyment of a
substantial property right because of an extraordinary hardship
which would result from strict compliance with the regulations of
this title.
a. The proposed street alignments were planned and approved
jointly by the City and owner in this area in the 1980-1981
period. Development has occurred and property has been
assessed based on these street alignments. The owner has
relied upon this earlier planning and it is not practical to
revise these earlier approvals. Such amendments would place
an extraordinary hardship upon the applicant.
4. Policy 8.1.3 requires that adequate right-of--way and street
improvements be provided for streets abutting or within a proposed
development. These will be provided as noted in the conditions of
approval noted in Section C. of this order.
5. Chapter 18.50 of the Code is satisfied because the sizes of the
proposed lots are consistent with the 7500 square foot minimum lot
size standard of the R-4.5 zone. All proposed lots should be able
to be built upon in conformance with setback and maximum site
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 7
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coverage standards of the zone without requiring variances. It is
assumed that all the existing structures are to be removed. If not,
all structures would need to satisfy the R-4.5 zone's setback
standards.
Lot Line Adjustment approval would allow the possible transfer of a
15 by 145 foot section of existing _ tax lot 106 to either of the
adjacent parcels, tax lots 109 or 1100. Such an adjustment would
increase setbacks for existing structures and would increase the
size of either of these other parcels. Either adjustment would
allow these lots to remain in conformance with the minimum lot size
and dimensional requirements of the R-4.5 zone and would also be
consistent with the Lot Line Adjustment approval criteria (Community
Development Code Section 18.162.060). If an agreement is not
reached by the applicant with either of the adjacent property owners
for transfer of this strip of land to an adjacent parcel, the strip
will need to be included in proposed lot 6. Because of the
configuration of this strip of land, it is not clear what purpose
would be served by attaching the strip to proposed lot 6. The strip
would likely be a maintenance burden for the owner of lot 6. The
Commission strongly recommends that this strip of land be
transferred to an adjacent parcel rather than being attached to lot
6.
6. Chapter 18.92 is satisfied because the proposed density is
consistent with Code requirements. The area of the proposed
subdivision provides an opportunity for approximately nine dwelling
units if developed to the full opportunity of the R-4.5 zone. The
application proposes seven lots.
7. Chapter 18.150 requires that the number of trees over six inches in
diameter that are removed during the course of construction be
minimized. The proposed development's streets, utilities, and
residences will require the removal of a significant number of
trees. However, the number of trees removed should and can be
minimized. The Commission shall require that trees over six inches
in diameter be removed only to construct utilities, streets, and
residences. Plans for tree removal and protection must be reviewed
by the Planning staff through an application for a tree cutting
permit.
Chapter 18.160 is satisfied because the proposed plat, with the
exception of the variance noted above, is consistent with the
applicable Plan and Code requirements that relate to this type of
request. The plat name is not duplicative of other recorded plats.
The Commission finds that the proposed alignment of SW Rhonda Court
relative to SW Elrose Street on the opposite side of SW 97th Avenue
is an acceptable design given the circumstances noted in this order.
9. Chapter 18.162 is satisfied because the recommended Lot Line
Adjustment would be consistent with the approval criteria for a Lot
Line Adjustment as described in 5 above.
10. Chapter 18.164 (Street and Utility Standards) is satisfied by the
preliminary plat submittal. The proposed lots meet minimum frontage
and dimensional standards as required by this Chapter. In addition,
the proposal would adequately provide storm drainage and sanitary
sewer facilities. The typical street section and plan view of the
proposed street demonstrate compliance with the majority of the
street design standards of Chapter 18.162.
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 8
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C. DECISION
The Planning Commission approves SUB 90-0013/VAR 90-0037/MIS 90-0021 subject to
the following conditions:
UNLESS OTHERWISE NOTED, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR
FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY.
STAFF CON'T'ACT: Chris Davies, Engineering Department, 639-4171.
1. The Tigardville Heights street assessments will be segregated evenly among
the proposed 7 lots. The remaining principal of $13,124.80 (T.L. 00101 -
$9,988.56 and T.L. 00105 - $3,136.24) shall be segregated so that six lots
shall be responsible for paying and assessment of $1,874.97 and one lot
shall be responsible for paying an assessment of $1,874.98. STAFF
CONTACT: Wayne Lowry, Finance Dept., 639-4171.
2. Delinquent interest related to the Tigardville Heights street assessments
in the amount of $1,928.58 shall be paid prior to recording the
subdivision plat. STAFF CONTACT: Wayne Lowry, Finance Dept., 639-4171.
3. Prior to issuing building permits for any lot, the total outstanding
assessment principal and interest for the lot on which the building permit
is sought shall be paid. STAFF CONTACT: Wayne Lowry, Finance Dept., 639-
4171.
4. Lot 2 shall not be permitted to access directly onto S.W. 97th Avenue.
5. Driveway cuts shall not be permitted within thirty feet of intersecting
right-of-way lines nor within five feet of property lines.
6. A joint use and maintenance agreement shall be executed and recorded on
City standard forms for all common driveways. 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.
7. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly impacting
properties downstream.
Sanitary sewer and storm drainage details shall be provided as part of the
public improvement plans. Calculations and a topographic map of the storm
drainage basin and sanitary sewer service area shall be provided as a
supplement to the public improvement plans. Calculations shall be based
on full development of the serviceable area. The location and capacity of
existing, proposed, and future lines shall be addressed.
9. Standard half-street improvements, including concrete sidewalk, driveway
apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage,
streetlights, and underground utilities shall be installed along the S.W.
97th Avenue frontage. Improvements shall be designed and constructed to
major collector street standards and shall conform to the alignment of
existing adjacent improvements or to an alignment approved by the
Engineering Department.
10. Two (2) sets of detailed public improvement plans and profile construction
drawings shall be submitted for preliminary review to the Engineering
Department. Seven (7) sets of approved drawings and one (1) itemized
construction cost estimate, all prepared by a Professional Engineer, shall
be submitted 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.
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 9
11. Building permits will not be issued and construction of proposed public
improvements shall not commence until after the Engineering Department has
reviewed and approved the public improvement plans and a street opening
permit or construction compliance agreement has been executed. A 100
percent performance assurance or letter of commitment, a developer-
engineer agreement, the payment of a permit fee and a sign
installation/streetlight fee are required.
12. Additional right-of-way shall be dedicated to the Public along the S.W.
97th Avenue frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of--way
centerline. The dedication document shall be on City forms. Instructions
are available from the Engineering Department.
13. 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).
b) Monument Boxes Required
1) Monument boxes conforming to City standards will be
required around all centerline intersection points and
cul-de-sac center points.
2) The tops of all monument boxes shall be set to finished
pavement grade.
14. A grading plan shall be submitted showing the existing and proposed
contours. In addition, the applicant shall include a typical finished
floor elevation for each lot. This shall include elevations at 4
different corners of the floor plan which are tied to the top of curb
elevations, as shown in the public improvement plans.
15. Two-thirds street improvements, including traffic control devices, mailbox
clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete
pavement, sanitary sewers, storm drainage, streetlights, and underground
utilities shall be provided on S.W. Rhonda Court. Improvements shall be
designed and constructed to local street standards.
16. An erosion control plan shall be provided as part of the public
improvement drawings. The plan shall conform to "Erosion Control Plans -
Technical Guidance Handbook, November 1989."
17. Prior to the issuance of building permits the Traffic Impact Fee shall be
paid.
18. A maintenance and access agreement shall be executed and recorded on City
standard forms for all storm drain outfalls. The agreement shall be
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 10
0 0
referenced on and become part of all applicable parcel deeds. The
agreement shall be approved by the Engineering Department prior to
recording.
19. The applicant shall, prior to recording of plat, pay a fee in-lieu of the
construction of an on-site water quality facility.
20. The storm and sanitary sewer systems shall be designed to minimize the
location of manholes outside of public rights of way. The final sewer
system design is subject to approval by the City Engineer. The City
Engineer may require dedication of easements and construction of access
roads where necessary to provide City access for maintenance of the public
sewer lines. In reviewing the adequacy of the sewer system design, the
City Engineer shall give consideration to minimizing future maintenance
costs to the City.
21. The applicant shall make an appointment, Pre-Construction meeting, with
the City of Tigard Engineering Department after approval of the plans but
prior to starting any work on the site. The applicant, applicant's
engineer and contractor shall be required to attend this meeting prior to
receiving the approved plans/permits.
22. The applicant shall submit a lot line adjustment survey showing the
existing and proposed lot lines and legal descriptions of the parcels for
review and approval by the Engineering Department.
THIS DECISION IS VALID IF EXERCISED WITHIN 18 MONTHS FROM THE FINAL APPROVAL
DATE.
It is further ordered that the applicant be notified of the entry of this order.
PASSED: This day of February, 1991, by the Plannwommission of the City
of Tigard.
M
re, vice President
ing Commission
SUB90-13.PFO/kl
FINAL ORDER - LAUTT/DEHAAS - SUB 90-0013 PAGE 11
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