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MLP1997-00012 Decision - SULLIVAN 4ur� ,v / � '� A.s � a� y - £ �, � ,fx *r � ' �'� �.»R .. r�'a .°s`"�.. >_..:x�wi7e'S;.•3. r�� t ,N01'ICEOF DECISIQN r ,4 a ' �y k S as ' .* * o` " 5 01,14 �' r, � s « Ir A � 5 " / UR B � �AN d S ERVIGE RE r f t MINORL.AND P ML a.97-'0012 C� OFTIOARD .7'rz4 a � 'aass ` rpki4 ip 1 e f 3 y I *cx fyc vk'.'rs ""G �= sta � * f .. ^ +5z7 ° C r Yr £ 1 , T^3i f su`s^ zca. r '.d. x, ;tAfg "4 w,e :o .Xk 2 ' r rw '' ' C -Sf L Pu©?� Beter Cmn m r ; wzzt ifs ;x NI „e ye y .. °SUL.LIVANPARTITt .;e �.»Figin'z.6�r<4.' rkt °.�< �?4",,4gf.7 gsr a_ .a - ?ltk �,.; z`x'-.a,iti ✓d. . •:..Y.., :. ' it j ..44 .X'c,a;.15 2 M'' & Mf` SECTION I. APPLICATION SUMMARY 120 DAYS = 11/22/97 CASE NO(S): FILE NAME: SULLIVAN MINOR PARTITION Minor Land Partition MLP 97 -0012 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel into three (3) parcels of approximately 21,052.75 square feet, 9,482 square feet, and 8,600 square feet. • OWNER: Dwight Sigworth APPLICANT: Ed Sullivan 11185 SW Morgen Ct. 15700 SW Bull Mountain Tigard, OR 97223 Tigard, OR 97224 ZONING DESIGNATION: Residential, 7 Units Per Acre; R -7. LOCATION: 15700 SW Bull Mountain Road; WCTM 2S108BD, Tax Lot 00601. The site is located south of SW corner of SW Bull Mountain Road and Juliet Terrace. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.52, 18.88, 18.92, 18.100, 18.102, 18.108, 18.162 and 18.164. SECTION II. DECISION .at'the Cit ,� g N otice i s hereby thy of Tigard Community DevelopmentDirector s ki , _ w designee has APPROVED the above request subject to certain conditions x. ri The ftridmgs and conclusions, wThich the decisions s based are note -m Section IV NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 1 OF 9 CONDITIONS OF APPROVAL �� � ::� �� Ys 4 PRIORTO THE APP OFTHE.FINAL PLAT THE OLLOWIG N �� CONDITIONS SHALL BE SATISFIED , f ' ' F ti d, Fma o ` ° r. v � � �£ � �� � , d � Y & µ (Unless �other<w�se noted, the -staff contact 4* shall be Br Rager in the Engineering Department at (503) 639- 417�1�) . r 1. Prior to approval of the final plat, the applicant shall verify that they have met all requirements issued by Washington County with respect to this application. These requirements include: . - a. dedicating right -of -way (ROW) on Bull Mountain Road to provide 33 feet from centerline; b. dedicating ROW at the corner of Bull Mountain Road and Juliet Terrace; c. establishing a one -foot non - access reserve strip on Bull Mountain Road; d. constructing a concrete sidewalk on Bull Mountain Road (location to meet County standard, but width should meet City standard of 6 feet); e. constructing a concrete sidewalk on Juliet Terrace to meet County standard; f. completing roadway drainage improvements on Bull Mountain Road; and g. constructing residential accesses on Bull Mountain Road for Parcel 3, and on Juliet Terrace for Parcels 1 and 2, to County standard. 2. Submit the final plat for review by the Engineering Department in accordance with the following requirements: a. three (3) mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; and b. the partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 3. Install screening along the panhandle access drive as proposed on the plan submitted. Staff contact: Julia Hajduk (639 -4171) 4 RA THE`ISSUANNCE O �F BUILDING PERMITS, r,THE FOLLOWING ` '; 41 0" , CONDI SH AL `L BE S A TI S FIE D � ` �e +a+Sr; - w...... >X 3g .nn.uu�< ..vaYF- ro�n.a`b«.xisd }�......h'tw .�`tr ..... _ .. .v s. :{,..',s.,. 4. Provide the Engineering Department with a recorded mylar copy of the partition plat. 5. Prior to issuance of a building permit on Parcel 3, the applicant shall apply to the City for water service. 6. . Pay the standard water quality fee of $180.00 per lot prior to issuance of the building permit for Parcels 2 and 3. APPROVAL IS VALID IF'EXERCISED WITHIN EIGHTEEN (1 ✓, zavu*es¢*a. Y3rr4*.'^ ,$a uaf :�s,z r`4f r7*,' a rat 4 a Vu MONTHS OFTHE FI NAL DECISIONDATE NOTED UND r r ;; ,4131, a ice`„ aTHE „PROCESS A ND APP pSECTIONk THIS REPORT , ` =e , • NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 2 OF 9 SECTION HI. BACKGROUND INFORMATION Property History: This site is in Washington County, in Tigard's Urban Service Area. Effective 6 -1 -97 the City of Tigard began to process land use applications in the Urban Service Area. No development applications were found to have been filed with the City and Washington County did not transfer any documents relating to this property when files were transferred on land use activity in the Urban Service Area. Site Information and Proposal Description: The property is currently developed with a single - family residential dwelling and an accessory structure on Parcel 1. The site is relatively flat. The site is surrounded by lots zoned R -7 and is adjacent to a subdivision approved by Washington County prior to the City taking over responsibility for this area. The proposal is to create 3 lots, 1 with frontage on Bull mountain Road, 1 flag lot with access to Juliet Terrace and a corner lot with the existing dwelling on it. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS FOR A MINOR LAND PARTITION GENERAL APPROVAL CRITERIA Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the proposal will continue to allow for residential development. The proposed partition complies with all statutory and ordinance requirements and regulations; The proposal conforms with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and through compliance with conditions imposed as part of this application and review process. Adequate public facilities are available to serve the proposal; Streets, storm sewer, sanitary sewer, water and electricity are available to serve the lots. Additional details and requirements for the proposal to comply with City and Washington County standards are provided under Section IV - ADDITIONAL STANDARDS of this decision. NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 3 OF 9 All proposed lots conform to the size and dimensional requirements of this title; and The lots comply with these standards as demonstrated both by the analysis presented within this administrative decision, and by this application and review process. Detailed discussion of the standards and how each parcel complies is provided further in this decision. • All proposed improvements meet City and applicable agency standards (Ord. 89 -06; Ord. 83 -52). All proposed improvements meet, or will be conditioned to meet, City and applicable agency standards. FINDING: Staff finds that as discussed above, the GENERAL APPROVAL CRITERIA have been met outright or will be met as a result of conditions imposed in further sections of this decision. SPECIAL PROVISIONS Section 18.162.050 contains the following special provisions for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width in R -7 zoning is 50 feet for detached unit lots and 40 feet for attached unit lots. The width of parcel 1 is 114.1 feet along Bull Mountain and 187.5 feet along Juliet Terrace. Parcel 2 will have a width of 100 feet and Parcel 3 will have a width of 80 feet. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. The minimum lot area for R -7 zoning is 5,000 square feet for each detached and attached unit lot and 10,000 square feet for duplex lots. Parcel 1 will have 21,052.75 square feet, Parcel 2 will have 9,482 square feet, 6,990 of which is exclusive of the access drive. Parcel 3 will have 8,600 square feet. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet, or have a legally recorded minimum 15- foot -wide access easement. Parcel 1 has 187.5 feet of frontage on Juliet Terrace and 114.1 feet of frontage on Bull Mountain. Parcel 3 has 80 feet of frontage on Bull Mountain. Parcel 2 is a flag lot and will have 20 feet of frontage on Juliet Terrace. • NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 4 OF 9 Setbacks: Setbacks shall be as required by the applicable zoning district. Parcel 2 and 3 are not currently developed, however, any dwelling placed on either lot will be subject to the setback requirements during the building phase. Parcel 1 has an existing house and an accessory structure, both of which are proposed to remain. The existing dwelling is oriented towards Juliet Terrace. The front yard setback of the existing structure does not meet the 15 -foot minimum. The partition will not alter the location of this line, therefore, the setback is non - conforming but does not constitute a failure to meet the standards for purposes of approving this partition proposal. Other than the front yard of Parcel 1, the side yard, rear yard and front yard setbacks will not be reduced below the minimum as a result of this partition. • Front Yard Determination for Flaq Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. Parcel 2, the only proposed flag lot, is currently vacant. Any structures located on the site will be required to meet all applicable setback requirements and will be reviewed for such compliance in building permit stage. Screening on Flaq Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. There is an existing screen along most of the southern portion of the proposed flag .lot access drive. The plan indicates shrubbery will be planted along the northern portion of the access drive and the remaining unscreened portion of .the southern drive to act as a screen. Fire Protection: The fire district may require the installation of, a fire hydrant where the length of an accessway would have a detrimental , effect on fire fighting capabilities. There is a fire hydrant at the corner of Bull Mountain Road and Juliet Terrace and another across the street from the SE property corner. The location of existing fire hydrants meet the requirement that a fire hydrant be located within 500 feet of any portion of a structure. The flag lot access meets Tualatin Valley Fire and Rescue standards for width and length, thus providing safe and efficient access for emergency vehicles. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No reciprocal easements have been proposed or would be required for this partition, therefore, this standard does not apply. NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 " PAGE 5 OF 9 Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The site has 2 existing access points onto Bull Mountain Road. The proposal is to close the eastern most access on Bull mountain Road and retain the western most for access to Parcel 3. Parcel 1 has access to Juliet Terrace and Parcel 2 will have access to Juliet Terrace via a 20 foot panhandle drive. The panhandle drive will be required to be paved to a width of 10 feet as part of the building permit process when a structure is placed on the property. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: As proposed, all of the SPECIAL PROVISIONS have been satisfied or do not apply to this partition. In order to insure the screening/landscaping criteria are met as proposed, the applicant must install the proposed shrubbery prior to Final Partition approval. ADDITIONAL APPLICABLE STANDARDS Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: This site has frontage on SW Bull Mountain Road (north) and SW Juliet Terrace (east). Bull Mountain Road SW Bull Mountain Road is under Washington County jurisdiction and is classified as a major collector street on both the County and City Transportation Plans. The County issued comments to the City with regard to this application and indicated that the applicant had previously taken this application through the County review process and the County determined that sight distance at the proposed access points to Juliet Terrace and Bull Mountain Road are adequate. The County is requiring the applicant to dedicate additional right -of -way (ROW) on Bull Mountain Road to provide 33 feet of ROW from centerline. The applicant indicates that they will provide this dedication. A corner radius dedication is also required at the intersection of Bull Mountain Road and Juliet Terrace. The applicant will need to coordinate with the County with regard to that dedication. The County is also requiring partial street improvements to Bull Mountain Road, consisting of a concrete sidewalk to County standards. The City would recommend that since this portion of Bull Mountain Road is in Tigard's Urban Service Area, that City NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 6 OF 9 standard width sidewalk be used, - which is 6 feet -as opposed to the 5 -foot County standard. There are two existing accesses onto Bull Mountain Road from this site. The applicant is proposing to close the eastemmost driveway and only serve Parcel 3 from the westernmost driveway; the County states that this will be acceptable. Parcels 1 and 2 will be served from driveways onto SW Juliet Terrace. SW Juliet Terrace This roadway is a local residential street also under Washington County jurisdiction. There are no ROW dedications required, but the County is requiring a sidewalk to be installed to meet County standards. - Water: - This site will be served from the City's water system. Both Parcels 1 and 2 are presently served from the system. Service for Parcel 3 can be obtained from the public line in Bull Mountain Road. The applicant will need to apply for water service from the City for that parcel. Sanitary Sewer: There is an existing public sanitary sewer line that was installed to serve the new lots. Each lot has been provided a service lateral. No additional public sewer work is m_ necessary. Unified Sewerage Agency (USA) submitted comments indicating the existing lines are not acceptable because they have the appearance of private lines crossing over property lines. Staff believes USA may not have been aware of the "public" status of the sewer line shown on the plan and the fact that it has already been constructed under previous approvals from USA. Storm Drainage: As is the case with sanitary sewer, a storm drainage line has already been installed, under previous USA approvals, to serve these new lots. No additional public storm drainage work is necessary. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. However, the R &O includes a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from Parcels 2 and 3. Rather, the R &O provides that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. • NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 7 OF 9 Existing Overhead Utility Lines: There are existing overhead utility lines on SW Bull Mountain Road adjacent to this site. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. FINDING: The City of Tigard and Washington County street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 1 -6 indicated in this decision in order to meet the standards and obtain final plat approval. SECTION V. AGENCY AND OTHER STAFF COMMENTS The City of Tigard Building Division and the City of Tigard Water Department have reviewed the proposal and have offered no comments. • Washington County and the Unified Sewerage Agency have had the opportunity to review the proposal and have provided comments which have been incorporated into the body of this decision. The letters of comment are available for review in the land use file. Tualatin Valley Water District has had the opportunity to review the proposal and has offered no comments or objections. SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: `� =�THE'DECISIONSHALLBEFINAL ON�MONDAY SEPTEMBER15 X1997 � s: s � � � ri k t ;� M : 4� 5UNL'ESS AN A PPEAL FI LED w Ll , ;3' ..0 iCF „s3-P .. F;.h:.<, .Jh.,,t IS NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 8 OF 9 Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. ,THE DEADLINE'FORFILING y OF AN APPEAL IS 3 30P M ON SEPTEMBER 1$, 1997 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. ✓�— September 4, 1997 p , PREPARE Y: Julia Poweir Hajduk DATE Associate Planner S , September 4, 1997 APPROVED BY: Richard Bewer DATE Planning Manager I: \CURPLNUULIA\MLP\SULLIVAN.DOC NOTICE OF DECISION SULLIVAN PARTITION - MLP 97 -0012 PAGE 9 OF 9 1 +SW BOLL MOONTAIN ROAD+ 0 ZEI Z _ O eeESSOe � ... I LOT 3 I :III I _ ►_ _ ADDITION 8,600 Sq. Ft. Q + C' V Z IMMO . _a HIT UNE 70 u _ EJDSTING NEW DRIVEWAY 0 . NOOSE . a ...1 CD Ce Q 0 LOT 2 I - I LOT 1 I LL 9,482 Sq. Ft. 2L052J5 Sq. R. 0 C.) S 1 SITE PLAN CASE NCO. 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