Resolution No. 91-27 CITY OF TIGARD, OREGON
RESOLUTION NO. 91-al
A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND
CONCLUSIONS TO DENY AN APPLICATION FOR SUBDIVISION AND VARIANCE
APPROVAL (SUB 90-0013, VAR 90-0037) REQUESTED BY RONALD AND .ANNA
LAUTT. THE SUBJECT PROPERTY IS LOCATED AT 14110 SW 97TH AVENUE.
WHEREAS, the applicant requested subdivision and variance
pr val
for a 2.05 acre site located at 14110 SW 97th Avenue (n ,
tax lots 101, 105, and 111); and
WHEREAS, the Tigard Community Development Division recommended
denial of the proposal through its staff report to the Planning
Commission; and
WHEREAS, the Tigard Planning Commission reviewed the above
application and received public testimony at its regular meeting of
January 8, 1991, and the Commission approved the proposed
subdivision preliminary plat for a seven lot subdivision as well as
a variance to allow a street intersection offset of 65 feet on a
collector street whereas a minimum offset of 300 feet is required;
and
WHEREAS, Neighborhood Planning Organization 6 appealed the Planning
q
Commission's approval of the above described requests; and
WHEREAS, the Tigard City Council heard the above applications on
appeal at the Council's regular meetings of March 26, 1991 and
April 23, 1991.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The proposal is not consistent with all of the
relevant criteria as noted and described in the
attached findings (Exhibit "A").
Section 2: The City Council overturns the Planning
Commission's approval- of the Subdivision and
Variance requests.
Section 3: The Council, therefore, ORDERS that the above-
referenced request be DENIED. The council FURTHER
ORDERS that the Community Development Director and
the City Recorder send a copy of the Final Order as
a Notice of Final Decision to the parties in this
case.
f- RESOLUTION NO. %-a2
Page 1
MW A
=NUN ---- _�.
room
PASSED: This day of �- /. '91.
Mayor - City of Tigard
ATT T:
ity Recorder - City of Tigard
br/JO:Res-BP.jo
c�
RESOLUTION NO. $9-�
t. Page 2
EXHIBIT A
ACENDA ITEM
STAFF REPORT TO THE T�DAY, JANUARY18t, 1990 - 7:30 P.M.
HEARING DATE: _ _
HEARING LOCATION: TIGA1312 OR
_ THAL BIND. TIGARD, OR 97223
A_ FACTS
1. General Information
CASE: Subdivision. SUB 90-0013
variance VAR 90-0037
Miscellaneous MIS 90-00
REQUESTS: 1) Subdivision preliminary plat approval to divide an
approximately 2.05 acre site into seven parcels ranging between 8,554
feet In ent
and 12,0«S square
164.030.G size;1 to allow Variance
enter to Community centerline
Coda Section
separation of intersecting streets whereas this Code requirement
specifies a minimum center line separation =ed intersections300 feet ; i Lot
is
necessary that intersecting streets form stagga
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)
44..
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 109for lot line adjustment)
2. Background In£ormat ion
On June 26, 1981, the Tigard Planning Commission reviewed a subdivision
proposal to divide the subject property into eight lots (S 5-81)
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 Land Partition file tion has
subsequently been created separately ( Land
regarding these
81). No other land use or development app
licationsparcels have been reviewed by the City.
Page 1
f SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
�3
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
Street. Properties to the west were
residences fronting on SW McDonald
recently developed with single family residences within the Solarcrest
si
to
cont
subdivision. A large parcel directly
as well hale another aparcele to nthe
ins
fatly residence. This P parcel. Three properties
southeast share a driveway with the subject p
direct lY to the south contain ase Otto are currently also under reviewily reeldence, but by
three parcels, owned byInto
the Planning commission f=o ssal l i. l
on
This other subdivision pPodependent eupon t a (SUR B P 0-�Ot'lic
roadway with the subdivision currcntly 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 1a==asscated on Tax
covered a d
Lot 101. The parcels contain a combination of ape g
uncovered recently filled areas along with a number of large fir trees_
properties slope to the north and theasthinto
ern a distinct drainageway
roughly centereu along the property's
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.
ic street
ess
The augment ion is approximately ed to be provided
300defootthlongl cul-de-sac
development of an app
_ extending from SW 97th Avenue to a circu'_ar street
would be located along the southern edgy '�
except for proposed lot 1 would have frontage on this proposed street_
ex is intended that right-o£-way 3edication and street improvements for
this street would be shared with the proposed subdivision onsthe Otto
property to the south (SUB 90-0007). The preliminary P
street section does not indicatypical
te how the right-of-way latand 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.
requested a -variance to code Section 18.164.030.6.1
The applicant has
center line separation o£ 300 feet for
which requires a minimum street
staggered intersections- The proposed new street along the southern
edge othe property would form an approximately 65 foot offset from the
Avenue-
cents,
line of SW Elrose Street or_ the other side of SW 97th Avenue_
f
The Subdivision application (as shown) also would necessitate approval
I
of a lot line adjustment between tax lot ill and tax lot 109 to the east
or else a 105 by 20 foot remnant parcel would be created to the east of
The suggested lot line adjustment would result in the
proposed lot 6. Th
current area of tax
lot 111 (0.9 acre) being split between the proposeis
d
subdi_vision's lot 6 and tlax sot: 109r illustrated on line the maps uthatnhave
. The needed
not described in the app
been submitted.
is proposed to be provided by an existing 8 inch
Sanitary sewer service
arty. The sanitary sewer line includes
sanitary sewer line on the prop
several T's for sewer laterals to serve individual homeosdistric9
sanitary sewer line was constructed through a local improvement
in the early. 19808 to coincide with the subdivision design proposed for
Page 2
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
this property in 1981. The property owner has been ansessed for the
future development potential of the property for approximately nine
t years.
Storm drainage is proposed to be collected by a storm seiner 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_
5, Acency 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
18.164.030.6.1., requiring that streets making "T" inte_rsec-tic_no
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 to developed prior to development of the
surrounding area, it will be necessary for the developer to
.provide aminimum 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.
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
de--;eloped for the area and that would not require any variances.
{ SUB 90-0013/VAR 90-0037 - Lautt/DeHaas Page 3
aED
b. Sanitary sewer service is available from an existinq 8".11ne :-
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 19so,s. 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 staffs
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
pr.-liminary plat and proposed variance to the Community
Development Code Sec. 15.164.030.4.E because of the substandard
street intersection and the traffic safety problems that it would
create.
The Building Division has reviewed the propDsal and has provided the
following comments:
a. The street should be paved pri.e= 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 Iota 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 om 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 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.
9. A report from a registered soils engineer should be required for
the fill material :placed on the .property_ The report shall
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
Page 4
Q70 M,
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 g6 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 TigarO 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 staff concludes that the proposal is not consistent with all of
the applicable Plan policies and Code criteria based upon the findings noted
below:
1. Policy 2.1.1 is satisfied becauso Neighborhood Planning Organization #6
and surrounding property owners were given notice of the public hearing
on the subdivision proposal providing them anopportunity to comment on
the proposal.
2.. Policiea 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 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 planswould need
to be developed and approved prior to recording the plat.
3. Policy 8.1.1 calls for the provision of a safe and efficient street-
system
treetsystem which will accommodate present and future needs. The proposed
street plan for the subdivision is partially consistent with this policy
because the proposed development would provide for completion of the
street improvements to theexisting 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
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas Page 5
improvements for the new street on the south aide 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
to provide a minimum of 34 feet of right-
necessary for that subdivision
of-way and half street plus (24 feet of pavement) street improvements.
The proposed et rest 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 t
the completion of
the street improvements.
However, the preliminary plat is not 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
eet
intersections along collector streets create offsets of less tha.
feet_ This standard is intended to avoid traffic safety problems due
to awlcward 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
application. The applicant's engineer, Mr_ Harlin
part of a subdivision
DeHaas, has provided responses to each of the variance criteria_ Staff
has provided comments in response to the applicant's comments with
regard to the requested variance.
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.
APpl3-cant's Response:
A- Preliminary plat configuration forLautt's Terrace,. Grandview
Acres (Templeton Estates) and Solarerest, (which. includes SW
Elrose Street) were planned jointly with owners and the City in
the 1980-1981 pariod to accommodate and support LID for 97th
Avenue and the McDonald Sewer LID. The proposed locations of
Elrose Street (Jantzen) and Rhonda Court were established as a
part of the LID projects (see sanl-t application.sewer
a -builtS pwleans)wand
are the same as proposed by
constructed and assessments levied based upon this same proposed
alignment. Owners were encouraged by therCity to accept such
configurations to facilitate the LID .and the usual. assessment
procedures.
g.
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, with numerous others,
the
were not timely filed, and approvals expired. At any rate,
record shows that the.' currently proposed cenflguration was
approved by the city in 1981.
C.
SW 97th is nota new street and development patterns of the
i.nteraect ing streets have been pretty much determined_ The mayor
Page 6
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
�g
-� Awk - ,
0901
accesses from Twality Junior High are separated from Murdock
Street and Pembrook Street by approximately 50 feet and 270 feet
respectively. While it is reasonable to require the 300 foot
criterion for new major collector streets, it is unreasonable to
retroactively apply the standard to a street already having a
development- pattern, which causes a great difficulty in
conforming.
D. The use of the major collector designation for 97th is quite
marginal in that it is only approximately 2,000 feet long, has a
"T" intersection at McDonald Street, and ends at a sharp curve at
Murdock Street.
Staff Response:
Staff agrees that the prior actions of the Planning cammission in
approving the Lautt and Templeton Estates subdivisions and the local
improvement district are certainly special circumstances which have
previously affected the property. However, we do not find that these
past circumstances need to dictate what happens today. Although the
design submitted by the applicant, and the applicant for SUB 90-0007
work well in relation to the existing sewers, the applicants for these
subdivision proposals have not shown that these are the only designs,
or the best designs, which will work for division of these properties.
The applicant for SUB 90-0007, in fact, has previously submitted a
preliminary plat for review by the Planning Commission which also works
well with respect to the existing sanitary and storm sewer locations.
This previous plat does not require any of the requested variances
involved in the present subdivision approval requests. It appears to
staff that this application should have included consideration of this
previous proposal and determined whether or not that arrangement could
work for the Lautt property. The Engineering Division has done some
conceptuallayouts of the Otto and Lautt properties that would include
a north/south public street on the east side of the Otto property. It
appears that the same number of lots could be created using a cul de sac
bending westward onto the Lautt property as area presently being
requested. The approximate locations of the lots could utilize the same
existing sanitary sewer lateral T's as the proposal before the
Commission.
Staff rejects the DeHaas' assertion that because SW 97th is not a new
collector street, development standards related to the collector street
status should not apply. We fail to see why it would,not be reasonable
to apply the standard in this area, since the parcels on the east side
of SW 97th are all under-developed and likely will see redevelopment in
the future years. There is substantial area which may be redeveloped
so the City is not really faced with an infill situation where limited
area may necessitate designs that may not be fully consistent with good
development design practice. Since the applicant's engineer concedes
that it is reasonable to require the 300 foot access offset criterion
for development along new major collector streets, the applicant's
engineer seems to concur that this is a safety-based standard_ Staff
feels that safety is just as much of an issue on an existing collector
street as it would be on a new collector street. We fail to understand
Mr. DeHaas' argument.
Although SW 97th Avenue is unusual for a major collector street in that
it is relatively short and terminates at a "T" intersection nn the north
end, and a curve on the south end, the street does carry a substantial
amount of traffic, especially during the school year. svl 97th Avenue
clearly functions as a collector street, and all City standards related
Page 7
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
2��
to safcty should be strictly upheld in the review of developments
of£ecting traffic on the street.
i_
Criterion 2-
The variance is necessary for the proper design or function of the
subdivision.
Applicant's Response:
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.
Staff Response:
Although the sanitary sewers were designed and constructed to serve the
proposed lot and street configurations, the applicants have not
submitted any evidence that these facilities would not function well
with another subdivision layout. The Engineering Department's
conceptual plan illustrates how the existing sanitary sewers could serve
lots off of a cul-de-sac coming from the southeast without requiring the
necessary variance_ In addition, the applications have not addressed
the possibility of locating the Rhonda Court/SW 97th Avenue intersection
directly across from SW Elrose Street. Although such an intersection
would require a southward curve to Rhonda Court, and possibly somedifficult to utilize area to the southof the intersection, this
alignment would seem to be able to serve the same number of lots as is
currently proposed for the Lautt property_ This area could be combined
with a future lot to be developed as part of the Otto subdivision to the
south. Existing access easements through the Lautt tract to properties
to the east could be served by an alignment of SW Rhonda Court directly
across from Elrose Terrace or from a street to be developed along the
eastern side of the Otto property as previously proposed to the
Commission in June, 1990. We fail to understand the applicant's
engineer's argument with regard to how the proposed alignment is
necessary to serve these properties to the east.
Criterion 3:
The granting of the variance will not be detrimentalto the public
health, safety, and welfare, or injurious to the rights of other owners
of property.
Applicant's response:
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_. As 97th Avenue is a through street, both Rhonda Court and Elrose
Street will be controlled by stop signs.
�. SUB 90-0013/VAR 90-0037 - Lautt/DeHaas Page a
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Staff Response'
Staff fails to see how the proposed location of Rhonda Court-
SW
ourt offset from
SW Elrose Terrace provides any more attractive or reasonabllehondaess to
rt
proposed su
the bdivisions as the alternatives of aligning
treet intersection or following the previously
with the Elrose S
submitted design for the Otto propnrlIn addition, as extending
or
Ly described ibed rnorthward
these
to the Otto property.
alternatives would not seem to negatively impact access rights
individual properties to the east in any manner.
d Elrose Street will be controlled by stop signs
Both Rhonda Court an ,
However, the primary traffic safety issue
as the applicant notes.
related to the proposed intersection offset is the turning movements
that will be necessary from these intersections, no matter whether the
intersections are signed or not.
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.
Applicant's Response:
anned
A. As related here and tfieef sit andeet owner ialignments
this area nl the 1980a
approved jointly by Y
1981 period. Development has occurred and property has been
assessed based on these street alignments• The practical-owner
tohas
undorelied
what
upon this earlier planning and it is not p
has been dons. such undoing would place an extraordinary hardship
upon the applicant.
g- Zn fact it :s :impossible for Lautt to meet.this criterion within
hie property-
staff Response:
Staff fails to see why it is not practical to undo tie .design work thon
at
has been dne- Staff and
already the revises some ofnthat design work inithe
the Otto property, let for
that property.
submittal and review of the earlier preliminary P how a street
The Engineering Department has done further wo utilizingrk theexisting storm
could be developed on the Lautt property
sewer and sanitary sewer. This work has shown that oth that development
options exist for these properties. The only hardship public
aware of is the possible cost o£ revising the plat and any
improvement plans that may have been developed in response to the
would require a financial outlay by
earlier approvals- Although th1 cf
the applicants, it is not unreasonable et fexpect
xp nc excess of an applicant
who has let a subdivision approval -
In closing this alaalyois, staff does not find that the applicants have
met the burden of providing substantial evidence that requiring strict
of code Section 18.164.030.G would
compliance with the requirements
cause an undue hardship to the applicants. staff believes that eviublic
shows that other subdivision designscould utilize existing p
facilities in place on the poperties. These other designs could
r
alleviate potential traffic hazards that could result from an offset
intersection as proposed.
Page 9
��, SUB 90-0013/VAR 90-0037 - Lautt/DeHaas
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4. Policy 0.1.3 requires that adequate right-o£-way and street improvements
be provided for streets abutting or within a proposed development_ If
deficiencies exist, the prospective developer is responsible for
providing facilities that meet minimum standards. As noted above, the
proposed street system is not consistent with City standards. A revised
preliminary plat and street layout are therefore necessary. The
requirements of this policy cannot be satisfied if the proposed
improvements are not consistent with City standards.
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. 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 late 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. Staff 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 wi.11 require the removal of a significant number of trees.
..However, the number of trees removed should and can be minimized. The
staff recommends 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 atree cutting permit.
8. Chapter 18.160 is partially satisfied because the proposed plat is
consistent with the majority of the applicable Plan and code
requirements that relate to this type of request. The plat name is not
duplicative of other recorded plats.. However, as elaborated upon
.elsewhere in this report, staff finds that the proposed alignment of SW
Rhonda Court relative to SW El-rose Street on the opposite side of SW
97th Avenue is a substandard design and could pose a traffic hazard on
a collector street. The applicant has not shown that there Is no other
practical design for the subdivision that could avoid the substandard
intersection design and still utilize the existing sanitary sewer. The
applicant's primary argument for the variance therefore appears to be
that the city has to live by previous approvals that have.expired. Code
SUB 90-0013/VAR 90-0037 - Lautt/DeHaas Page 10
32
section 18.160.040, however, sets a limit on the approval period for an
approved subdivision plan_ or_e of the purposes of this time limit is
to allow the City to revisit the conditions related to a development
proposal if that proposal has not been constructed. This allows the
City to revisit previously reviewed proposals and require amendments
that address changes in circumstances or changes in City policies, and
to better respond to the situations affecting a proposed development.
Staff urges the Commission to recognize that the earlier Commission
approval of a plan for development of this property would not have
provided for as good a development plan as possible and would also not
havve been consistent with the City's road improvement standards. Staff
recommends denial of the requested subdivision variance.
9. Chapter 18.162 is satisfied because the recommended 7.ot 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 only partially
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. However, the proposed local
street intersection with SW 97th Avenue is not consistent with Community
Development Code Section IS-164.030.G.1 which specifies a minimum center
line separation of 300 feet when it is necessary that intersecting
streets form staggered intersections and the staff does not find that
the applicant has satisfactorily shown that this requirement should be
varied.
C. RECOMMENDATION
The Planning Division recommends denial of the submitted preliminary plat for
Subdivision SUB 90-0013 because of the submittal's dependence on a substandard
street intersection in the southwestern corner of the sits. As noted above,
staff has substantial concerns with traffic safety related to the proposed
intersection offset and therefore: recommends denial of the proposed variance
to Community Development Code section 18.164.030.4_G for both the subject
application and Subdivision application SUB 90-0007- Because no application
or preliminary lot line adjustment map were submitted with the application
.package and because the lot line adjustment consideredis necessitated by the
subdivision plat that is recommended for denial, staff also recommends denial
of the Lot Line Adjustment portion of.this application.
&APPROVED
ry Offer
ssociate Planner
Reith Liden
Senior Planner
Page
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SUB 90-0013/VAR 90-0037 - Lautt/AeHaas Pa 4
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