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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 -3 �--� � ,�MOM— _s_ ANNE iW_ a 1-271 rMM , --MEN 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 -- �� - -� 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 it - SUB 90-0013/VAR 90-0037 - Lautt/AeHaas Pa 4 -33 I grW MINN jwmk 1 o ��I 3 � W I--I 5 Q 4 .- 5 0 5 � o 5 i y ',,., r♦ r' 4 1 y i . f t' A d { (w v`> i 3�l