MIS1992-00002 Decision - EMMERT CITY OF TIGARD
NOTICE OF AMENDED DECISION
LOT LINE ADJUSTMENT MIS 92-0002
SITE DEVELOPMENT REVIEW SDR 92-0004
EMMERT
APPLICATION: A request for Site Development Review approval to
allow the relocation of three 10 year old duplexes to an
approximately 2 . 6 acre site. The duplexes are being displaced as
a result of the SW Gaarde Street realignment. The applicant is
also requesting Lot Line Adjustment approval to allow approximately
1,425 square feet to be transferred from an adjacent property to
the subject site. Zoning: R-12 (Residential, 12 units per acre)
Location: 10520 SW McDonald Street (WCTM 2S1 10AA, tax lot 100)
and 14130 SW 105th Avenue (WCTM 2S1 10AA, 200) .
BACKGROUND: This decision was originally approved and issued on
February 28, 1992 . It has been determined that the original
application packet was incomplete due to errors concerning property
owner verifications and consent. Subsequently, these errors have
not been satisfactorily corrected during the 10 day public appeal
period for the original decision. Therefore, the City of Tigard
shall rescind this previous approval based on the reasoning that
this application is incomplete. A new decision shall be issued
when a complete application is submitted including the necessary
property owner verifications and consents.
DECISION: Notice is hereby given that the Planning Director's
designee for the City of Tigard has RESCINDED the previous approval
of the above referneced Site Development Review and Lot Line
Adjustment requests.
PROCEDURE
1. Notice: Notice was published in the newspaper, posted at
City Hall and mailed to:
K The applicant and owners
X Owners of record within the required distance
)< The affected Neighborhood Planning Organization
X Affected government agencies
2 . Final Decision: THE DECISION SHALL BE FINAL ON 3-M-612--
UNLESS AN APPEAL IS FILED.
3 . 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 which
provides that a written appeal must be filed with the
City Recorder within 10 days after notice is given and
sent. Appeal fee schedule and forms are available at
Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon.
. The deadline for filing of an appeal is . 3:30 p.m.3-1'M-12-:
•
. 4. Questions: If you have questions,, please call City of
• Tigard Planning Department, City of Tigard City Hall,
13125 SW Hall Blvd. , Tigard, Oregon. .
AO 411111° :
PREPARED BY: Ron Pomeroy • DATE
Assistant Planner
41e0,04,,c4371- 1 .3--- ?- 7
APPROVED BY: Dick Bewersdorff DATE
Senior Planner
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CITY OF TIGARD
NOTICE OF DECISION
LOT LINE ADJUSTMENT MIS 92-0002
SITE DEVELOPMENT REVIEW SDR 92-0004
EMMERT OWNER/APPLICANT
APPLICATION: A request for Site Development Review approval to
allow the relocation of three 10 year old duplexes to an
approximately 0.78 acre site. The duplexes are being displaced as
a result of the SW Gaarde Street realignment. The applicant is
also requesting Lot Line Adjustment approval to allow approximately
1,425 square feet to be transferred from an adjacent property to
the subject site. Zoning: R-12 (Residential, 12 units per acre)
Location: 10520 SW McDonald Street (WCTM 2S1 10AA, tax lot 100)
and 14130 SW 105th Avenue (WCTM 2S1 10AA, 200) .
SECTION I - DECISION: Notice is hereby given that the Planning
Director's designee for the City of Tigard has APPROVED the above
requests subject to certain conditions . The findings and
conclusions on which the decision is based are noted in Section II:
BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE CONDITIONS LISTED
BELOW ARE SATISFIED.
1 . A revised site plan shall be submitted to the Planning
Division for approval which provides for at least one
disabled person parking space, at least one bicycle parking
space, and a five foot tall chain link fence with slats
along the south and east sides of the property. STAFF
CONTACT: Ron Pomeroy, Planning Division.
2 . A demolition permit shall be required prior to the removal
of the existing residence. STAFF CONTACT: Brad Roast,
Building Division.
3 . The applicant shall provide verification of the
consolidation of tax lots 100 and 201. STAFF CONTACT: Ron
Pomeroy, Planning Division.
OCCUPANCY PERMITS WILL NOT BE ISSUED UNTIL THE CONDITIONS LISTED
BELOW ARE SATISFIED OR AN ACCEPTABLE PERFORMANCE ASSURANCE IS
POSTED. UNLESS OTHERWISE NOTED, PLEASE CONTACT CHRIS DAVIES IN THE
ENGINEERING DEPARTMENT AT 639-4171.
4 . The applicant shall install a water quality facility meeting
the requirements of Resolution and Order No. 91-47 as
approved and adopted by the Unified Sewerage Agency of .
Washington County. The City Engineer may waive this
requirement to the extent allowed by the regulations of the
Environmental Quality Commission and Unified Sewerage Agency
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 1
as they exist at the time the Public Improvement plans are
approved and installed.
5. Additional right-of-way shall be dedicated to the Public
along the SW McDonald Street frontage to increase the right-
of-way to 30 feet from the centerline. The description
shall be tied to the existing right-of-way centerline. The
dedication document shall be on. City forms. Instructions
are available from the Engineering Department.
6. Standard half-street improvements, which may include all of
the following: concrete sidewalk, driveway apron, curb,
asphaltic concrete pavement, sanitary sewer, storm drainage,
and streetlights shall be installed along the SW McDonald
Street . frontage. Improvements shall be designed and
constructed to Major Collector street standards and shall
conform to the alignment of existing adjacent improvements
or to an alignment approved by the Engineering Department.
In addition, utilities shall be placed underground in
accordance with the specifications of the City Engineer at
the time of building permit issuance. The City Engineer may
waive this requirement if the City Council establishes a new
policy regarding the undergrounding of utilitites prior to
permit issuance.
7. The applicant shall be required to install a sidewalk along
the site's frontage on SW 105th Avenue.
IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS
OF Tat: COMMUNITY DEVELOPMENT CODE; THIS LIST IS NOT All INCLUSIVE.
1. SECTION 18. 120.060 Bonding and Assurances
A. • On all projects where public improvements are required
the Director shall:
1. Require a bond in an amount not greater than 100
percent of other adequate assurances as a
condition of approval of the site development
plan in order to ensure the completed project is
in conformance with the approved plan; and
2. Approve and release such bonds.
B. The bond shall be released when the Director finds the
completed project conforms to the approved site
development plan and all conditions of approval are
satisfied.
2. SECTION 18. 164. 180 Notice to City Required
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 2
A. Work shall not begin until the City has been notified
in advance.
B. If work is discontinued for any reason, it shall not be
resumed until the City is notified.
3. A tree removal permit must be obtained from the Planning
Department prior to the removal of any tree on the site
which is greater than 6 inches in diameter when measured
four feet up from grade. STAFF CONTACT: Victor Adonri,
Planning Division.
4 . Sign permits are required prior to the installation of any
sign of the site. Sign permits may be obtained through the
Planning Division. STAFF CONTACT: Victor Adonri, Planning
Division.
SECTION II - FINDINGS OF FACT:
1. Vicinity Information
The subject parcel is bordered on the east, south and
southwest by properties which are zoned R-12 (Residential,
12 units per acre) . The Brighton Apartments abut this site
to the east, with the Canterbury Apartments located to the
south of the site. The Tigard Care Center is located
southwest of the subject property. The Fullmer Office
Building is located to the west and Nelson's Tire Center is
across SW McDonald Street to the north. Both of these
businesses are in the C-G zone (General Commercial) .
2 . Site Information and Proposal Description
The site is presently developed with one single-family
residential home. The driveway which serves this residence
accesses SW McDonald Street. There are a few evergreen
trees located along the western property line. A few
deciduous trees are located on the interior of the site.
The applicant requests Site Development Review approval to
allow the relocation of three 10 year old duplexes to this
approximately 0.78 acre site. The duplexes are being
displaced as a result of the SW Gaarde Street realignment.
The preliminary site plan proposes to provide access to the
three duplexes from SW 105th Avenue.
A strip of land which is approximately five feet wide .
separates the subject site from SW 105th Avenue. This small
sliver of property was part of the tax lot which is due
south of this site (tax lot 200) . This strip of land was
purchased from the property owner of tax lot 200. It seems
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 3
that the intent of this purchase was to enlarge tax lot 100
and provide frontage onto SW 105th Avenue. However, a lot
line adjustment application was never filed with the City of
Tigard. Due to Washington County's process, when the
applicant attempted to record this adjustment of lot lines,
the only option available for the County was to create a
non-conforming lot (tax lot 201) and not an enlargement of
tax lot 100.
Therefore, in order to receive City approval for the
enlarging of tax lot 100, the applicant is also requesting
approval of a Lot Line Adjustment to allow approximately
1,425 square feet to be transferred to the subject site and
therefore obtain street frontage to SW 105th Avenue for tax
lot 100. If this lot line adjustment application is
approved, the City will require that a lot consolidation by
processed through Washington County to combine tax lots 100
and 201 into one tax lot.
3 . Agency and NPO Comments
Tualatin Valley Fire and Rescue District has reviewed this
proposal and has offered the following comments:
Please contact Fire Communications (682-1236, Fax 682-
3547) prior to, and at the end of, moving each building
and advise them of any potential road blockage. Fire
hydrants are required within 500 feet of all portions
of the structure measured around the outside and along
access roadways . Location approval will be coordinated
with Tualatin Valley Water District.
Tigard Water District has reviewed this proposal and has
offered the following comments:
Although the Water District has no objections, we do
request that 1" meters be provided to each duplex.
Portland General Electric has reviewed this proposal and has
offered the following comments:
There will by costs to PGE for the relocation/moving of
these structures which well be passed on to Emmert
International.
Northwest Natural Gas has reviewed this proposal and has
offered the following comments:
NW Natural Gas has a 10" high pressure feeder main of
the south side of SW McDonald Street. A 1" gas line
main of SW 105th Avenue that could serve the duplexes.
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 4
Neighborhood Planning Organization #6, General Telephone
have reviewed this proposal and have issued no comments or
objections.
Building Considerations: A demolition permit will be
required for removal of the existing residence. The moving
of the structures shall comply with the Tigard Municipal
Code 14 .20 and 10.50 .
No other comments have been received.
C. ANALYSIS AND CONCLUSION - LOT LINE ADJUSTMENT
1. COMMUNITY DEVELOPMENT CODE COMPLIANCE
Code Section 18. 162 .060 contains standards whereby the
Director or his designee may approve, approve with
conditions, or deny a lot line adjustment request.
These criteria are as follows:
1. An additional lot is not created by the lot line
adjustment, and the existing parcel reduced in
size by the adjustments is not reduced below the -
minimum lot size established by the approved
zoning for that district;
2 . By reducing the lot size, the lot or structure(s)
on the lot will not be in violation of the site
development or zoning district regulations for
that district.
In addition to the above criteria, the provisions of
the Code Section 18 . 162 .040 shall also apply to lot
line adjustments. This section requires that:
a) the proposal conforms with the City's
comprehensive plan, all statutory and ordinance
requirements and regulations;
b) adequate public facilities are available to serve
the proposal;
c) all proposed lots conform to the size and
dimensional requirements of this title; and
d) all proposed improvements meet City and
applicable agency standards.
The proposal conforms with the City's Comprehensive
Plan in that the land will remain zoned for Medium
Density Residential use. All other statutory and
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 5
ordinance requirements shall be met as well. The
provision of fire and police protection will not be
hampered by this proposal. No Public improvements are
proposed in conjunction with this application.
An additional lot shall not be created by this lot line
adjustment. Both parcels will continue to meet
minimum, lot size, and dimension requirements of the R-
12 zoning district.
Additionally, the existing residence on tax lot 100
will be demolished prior to siting the duplexes on this
site. Upon approval of this lot line adjustment, the
western property line of tax lot 100 will be moved
further to the west and shall abut the public right-of-
way along SW 105th Avenue. No setbacks on tax lot 200
shall be infringed upon. This Lot Line Adjustment
shall be recorded with Washington County prior to
building permit issuance.
D. ANALYSIS AND CONCLUSION - SITE DEVELOPMENT REVIEW
1. COMMUNITY DEVELOPMENT CODE COMPLIANCE
Section 18.54 . 050(A) (4) of the Community Development
Code (CDC) allows a maximum building height of 35 feet.
The existing duplexes which will be relocated to this
site are less than 35 feet in height. Therefore, this
code requirement is satisfied.
Section 18.54 .050 of the R-12 zoning district
regulations requires minimum setbacks for multiple-
family dwellings as follows: front yard - 20 feet,
rear yard setback - 20 feet, garage - 20 feet, side
yard - 10 feet, side yard for each side facing a street
- 20 feet, distance between the property line and the
front of the garage - 20 feet. This proposal complies
with the R-12 requirements for the front yard, side
yards, garage and rear yard setbacks .
Section 18 . 106 .030(A) (4) (b)and(c) (Minimum Off-Street
Parking Requirements - Multiple Dwelling) state
respectively that 1.5 spaces are required for 1-2
bedroom units, and 2 spaces are required for dwelling
units which contain more than 2 bedrooms per unit. At
least one of the spaces for each dwelling unit shall be
covered. This apartment complex is comprised of three
2 bedroom units and three 3 bedroom units. Therefore, -
it is required that a minimum of 11 vehicular parking
spaces be provided for this complex. The preliminary
site plan provides a garage for each dwelling unit in
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 6
addition to the available parking space on the driveway
for each unit. Therefore, the preliminary site plan
meets the number of parking spaces required to satisfy
the Code requirements.
State of Oregon House Bill 2084, which became effective
September 1, 1990, requires one disabled person parking
spaces if 6 to 25 parking spaces are provided. The
proposed plan does not provide for the one disabled
person parking space which is required. Therefore, a
revised site plan should be submitted which addresses
this requirement. The disabled person parking space
may be one of the 11 required spaces .
Code Section 18. 106.020(P) requires one bicycle parking
space for each 15 vehicle parking spaces in any
development. Since there are 11 parking spaces to be
provided on this site, at least one bicycle parking
space is required. The site plan does not indicate the
location of a bicycle parking facility on this site.
Therefore, a revised site plan should be submitted
which addresses this requirement.
The site meets the minimum access standards through the
provision of one 24 foot wide access driveway from SW
105th Street. Code Section 18. 108 .070(A) requires that
a paved driveway which serves two dwelling units be a
minimum of 20 feet wide. The preliminary site plan
shows the provision of one 20 foot wide driveway for
every two dwelling units . Therefore, this code section
has been satisfied.
Code Section 18. 108.050 requires that within all multi-
family developments, each residential dwelling units
shall be connected to the parking area by a walkway
system having a minimum width of four feet and
constructed of an all weather material. The
preliminary site plan indicates that pedestrian access
to the parking area will be provided in that the front
of each individual dwelling unit is connected to the
parking area by a walkway leading from the front door.
Therefore, this code requirement has been satisfied.
Code Section 18. 100. 110 (Screening: Special Provisions)
states that trees shall be planted in landscaped
islands in all parking areas, and shall be equally
distributed and on the basis on one tree for each seven
parking spaces in order to provide a canopy effect.
There are 11 parking spaces required on this site, and '
there are five trees indicated near the parking
areas/driveways on the preliminary site plan.
Therefore, this code requirement has been surpassed.
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 7
Multiple family developments within the R-12 zoning
district are required to provide a minimum of 20%
landscaping on the site. The submitted site plan
indicates a landscaped area which is greatly in excess
of this 20% requirement. Therefore this code
requirement has been satisfied.
Section 18. 102 (Visual Clearance Areas) requires that
a clear vision area shall be maintained on the corners
of all property adjacent to intersecting right-of-ways
or the intersection of a public street and a private
driveway. A clear vision area shall contain no
vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding 3 feet in
height, except that obstructions which may be located
in this area shall be visually clear between 3 and 8
feet in height. Visual clearance areas shall be that
triangular area formed by measuring a 30 foot distance
along each of the right-of-way or property lines and
then connecting these two 30 foot distance points with
a straight line. The proposed development conforms
with all visual clearance requirements of this code
section.
Chapter 18. 150 requires a permit and contains standards
for removal of trees having a trunk 6 inches or more in
diameter four feet above the ground on undeveloped
land. A permit for tree removal must comply with the
following criteria:
a. The trees are diseased, present a danger to
property, or interfere with utility service or
traffic safety;
b. The trees have to be removed to construct
proposed improvements or to otherwise utilize the
applicant's property in a reasonable manner;
c. The trees are not needed to prevent erosion,
instability, or drainage problems;
d. The trees are not needed to protect nearby trees
as windbreaks or as a desirable balance between
shade and open space;
e. The aesthetic character in the area will not be
visually adversely affected by the tree removal;
and
f. New vegetation planted by the applicant, if any,
will replace the aesthetic value of trees to be
cut.
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 8
Section 18. 100. 110 (Buffer Matrix) requires a 10 foot
buffer with screening to be placed along those property
lines which abut other R-12 properties. This site
abuts other R-12 properties along the east and south
sides. The preliminary site plan indicates the
provision of a ten foot buffer on the south and a 20
foot buffer on the east. A four foot tall fence is
indicated along these two property sides to provide the
required screening. Code Section 18. 100. 080 requires
that a five foot or taller fence or wall shall be
constructed to provide a continuous sight obscuring
screen. Additionally, chain link fences must contain
slats to qualify as screening. Therefore, in order to
use chain link fencing as screening, the site plan will
need to be revised to indicate the provision of a five
foot tall chain link fence with slats.
Section 18. 164 . 120 (Utilities) states that all utility
lines including, but not limited to those required for
electric, communication, lighting and cable television
services and related facilities shall be placed
underground, except for surface mounted transformers,
surface mounted connection boxes and meter cabinets
which may be placed above ground, temporary utility
service facilities during construction, high capacity
electric lines operating at 50,000 volts or above.
2 . PUBLIC FACILITY CONCERNS
a. STREETS:
The site is located on the southeast corner of SW
McDonald Street and SW 105th Court. Southwest McDonald
Street is classified as a Major Collector and SW 105th
Court is classified as a local street.
Southwest McDonald Street has the following minimum
standards (all distances are from centerline) : 30 feet
of right-of-way, 22 feet of pavement, curb and
sidewalk. Currently, McDonald Street has 20 feet of
right-of-way and improvements in the area are limited
to 24 - 28 feet of pavement (full width) with some
drainage. The applicant should therefore be required
to install half-street improvements along the SW
McDonald Street frontage of the site.
Southwest 105th Avenue has the following minimum
standards (all distances are from centerline) : 25 feet
of right-of-way; 17 feet of pavement, curb and •
sidewalk. Currently, SW 105th Avenue meets all the
minimum standards except for the installation of a
sidewalk. In addition, it was found that a five foot
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 9
strip of land, that is attached to T.L. 200, is
blocking access onto tax lot 100 from SW 105th Avenue.
The applicant was contacted by phone and was informed
of this situation. The applicant informed the City
that the 5 foot strip of land was purchased from the
property owner of tax lot 200 and has been recorded by
Washington County as tax lot 201. The applicant
proposes to consolidate these two tax lots so that the
subject site will be comprised of only one tax lot and
abut SW 105th Avenue .
b. SANITARY SEWER:
There is an :existing 8 inch public sanitary sewer
system that is located in SW 105th Avenue to which the
applicant is proposing to connect.
c. STORM SEWER:
Effective December 1, 1991, the City is required to
comply with a new requirement of the State
Environmental Quality Commission (EQC) . The EQC is
requiring that all new developments which add
additional impervious surface area within Unified
Sewerage Agency (USA) jurisdiction must include a water
quality treatment facility. Previously, developments
without a suitable site for water quality treatment
were allowed to pay a fee in lieu of on-site water
quality treatment. These fees would then be used to
construct regional facilities .
The Engineering Department feels that these new
requirements are inappropriate. It is not feasible for
many small developments to build on-site facilities .
Construction of numerous small facilities will create
maintenance problems both for cities and USA. However,
effective December 1, 1991, the City must require these
facilities or be in violation of State regulations .
This issue of on-site water quality treatment
facilities was not addressed in earlier staff reports,
as the City expected the issue between USA and the EQC
to be resolved. The City is still hopeful the this
issue will be resolved with the next three months .
Therefore, although the applicant should be required to
install a water quality facility, the City Engineer may
be allowed to waive this requirement if the regulations
are amended.
DECISION: Notice is hereby given that the Planning Director's
designee for the City of Tigard has APPROVED Lot Line Adjustment
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 10
MIS 92-0002 and Site Development Review SDR 92-0004 subject to the
conditions listed in Section I.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
FINAL DECISION DATE NOTED BELOW.
E. PROCEDURE
1. Notice: Notice was published in the newspaper, posted
at City Hall and mailed to:
X The applicant and owners
Owners of record within the required distance
The affected Neighborhood Planning Organization
X Affected government agencies
2 . Final Decision: THE DECISION SHALL BE FINAL ON 3-q-/O--
UNLESS AN APPEAL IS FILED.
3 . 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
which provides that a written appeal must be filed with
the City Recorder within 10 days after notice is given
and sent. Appeal fee schedule and forms are available
at Tigard City Hall, 13125 SW Hall Blvd. , Tigard,
Oregon.
The deadline for filing of an appeal is 3:30 p.m. -47-°2!
4 . Questions: If you have questions, please call City of
Tigard Planning Department, City of Tigard City Hall,
13125 SW Hall Blvd. , Tigard, Oregon.
PREPARED BY: Ron Pomeroy DATE
Assistant Planner
APPROVED BY: Dick Be ersdorff DATE
Senior Planner
rp/SDR92-04 .DEC
NOTICE OF DECISION - MIS 92-0002/SDR 92-0004 - EMMERT PAGE 11
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