Report (18) 2B r
NOTICE OF DECISION L l U/T77 �q) 1/YPY/
MINOR LAND PARTITION MLP 94-0012 (Revised Decision)
GOTTER/ROYAL OAKS DEVELOPMENT - OWNEI2./APPLICANT
APPLICATION: The applicant requests approval to partition a parcel of 1.17 acres into three
parcels of approxim^tely 10,509, 9,594 and 16,511 square feet and a Tract A for vehicle access
and turn around. ZONE: R-6 (Washington County) pending R-4.5 Cityof Tigard Designation)
(Residential Low Density LOCATION: SW Bull Mountain Road. (WCTM 2S1 10BD, tax lot
1600).
APPLICABLE LAW: Community Development Code Chapters 18.32, 18.50, 18.88, 18,92,
18.100 18.102, 18.108, 18.162, and 18.164.
DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard
has recommended APPROVAL of a (Revised Decsion) for Minor Land Partition 94-0012
SUBJECT TO CERTAIN CONDITIONS as listed below.
r SECTION I CONDITIONS OF APPROVAL:
THE FOLLOWING CONDITIONS SHALL BE SATISFIEL OR FINANCIALLY ASSURED
PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS
OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE
• MICHAEL ANDERSON, ENGINEERING DIVISION:
Recommendations:
1. The applicant shall obtain a facility permit from the Department of Land Use and
Transportation of Wasington County, to perform work within the right-of-way of SW Bull
Mountain Road. A copy shall be provided to the City Engineering Department prior to
' issuance of a Public Improvement Permit, STAFF CONTACT: John Hagman,
Engineering Department.
2, The design of the new driveway shall provide for this future relocation of the first 100 feet,
more or less, from the intersection with SW Bull Mountain Road, as approved by the
Engineering Department. This contingency shall be included within the joint use access
and maintenance agreement for the project, STAFF CONTACT;: Michael Anderson,
Engineering Department,
3, A joint use and maintenance agreement shall be executed and recorded on City standard
forms for the common driveway, The agreement shall be referenced on and become apart
of all applicable parcel Deeds. The agreement shall include access to Tax Lot 1300 and
provisions for attaching Tax Lot 1500 in the future. The agreement shall be approved by
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NOTICE OF DECISION - MLP 94-0012(Revised Decision) GOTTER/ROYAL OAKS Page 1
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' the City Engineer prior to recording. STAFF CONTACT: Michael Anderson,Engineering
,T: Department.
4. Sanitary sewer and storm drainage details shall be provided as part of the public
'r v improvement plans. Calculations and a topographic map of the storm drainage basin and
_' sanitary sewer service uea shall be provided as a supplement to the public imporvment •
plans. Calculations shall he based on full development of the serviceable area. The
location and capacity of existing, proposed and future lines shall be addressed. STAFF
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CONTACT; Greg Berry, Engineering Department.
, 5, The sewer and storm drain systems shall be constructed in accordance with City Standards
• to a point five feet north of the northerly limits of proposed Parcel 1, to provide for the
future extension of the systems for adjacent properties.
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6. Final Plat Application Submission Requirements:
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f ;, a. Three copies of the partition plat prepared by a land surveyor licensed to practice
' in Oregon, and necessary data or narrative. •
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',"';'.t.,•;. The partition plat and data or narrative shall be drawn to the minimum standards
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set forth by the Oregon Revised Statutes(ORS 92.05), Washington County, and by
the City of Tigard.
`r.V ti .. c. The street and easement dedications shall be made on the final plat and the plat
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,t ;:; shall include provisions for approval by the City Engineer.
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* STAFF CONTACT; John Hadley, Engineering Department:
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2. The applicant shall provide for roof and pavement rain drainage to the public stormwater
�e drainage system or to the public street. STAFF CONTACT: David Scott, Building
` Division.
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:3. A plan for screening shall be provided along portions of both sides of the access road to
• SW Bull Mountain Road prior to the issuance of building permits. Prior to occupancy the
screening shall be provided in such a manner so as to provide privacy for abutting
properties. STAFF CONTACT: Mark Roberts, Planning Division.
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• S ' 4. A modification to the final plat map may be provided to comply with the Basic Solar
"r Access Standard. The applicant may also comply with the Solar Building Line Option, or
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comply with the Performance Option. Alternatively a statement indicating the impacts on
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" ; project costs shall be provided. STAFF CONTACT: Mark Roberts, Planning Division:
,•.%'.1',' SECTION II FINDINGS OF FACT:
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1. Vicinity Information
I.'r ,F t. The site is located on SW Bull Mountain Road. The site was part of a County island
,'," r which is presently pending annexation as a City R-4.5 site. Abutting properties in the area
to the west and north of the site are also zoned for residential use and are largely
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developing with single-fam:,ly residences. Areas to the east along SW bull Mountain Road
'k ' •• are vacant and zoned for multiple-family residential use.
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•: 2. Site Information and Proposal Description
' The applicant is requesting a revised Director's Decision for approval to divide vacant Tax
•;• , Lot 1600, a flag lot parcel that takes access from SW Bull Mountain Road into three
, ' parcels,with an area of approximately 10,509,9,594 and the third would be approximately
w ',::;4'..''' ` 16,511 square feet, Due to development constraints within this area the applicant has
requested that the Director's revise the previous decision: The adjoining parcels are not
I expected to generate significant numbers of new residential units which would necessitate
the construction of a public street as required within the previous Director's Decision.
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ti- 3. Agency Comments
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The Engineering Department,the Tualatin Valley Fire District and the Building Department
J have reviewed this request and provided the following comments concerning this proposal.
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. 1. Streets:
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i NOTICE OF DECISION-MLP 94-0012(Revised Decision)-GOTTER/ROYAL OAKS Page 3
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a` Access to the site is proposed from SW Bull Mountain Road, a major collector as shown
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; on the City's Comprehensive Transportation Plan. The location of the site is approximately
` opposite the intersection of SW McFarland Boulevard. The street right-of-way for. SW
,.- Bull.Mountain Road along the site frontage is not consistent with major collector standards, ,
„ and the applicant should dedicate additional right-of-way to provide 35 feet from centerline,
';, similar to the dedication on the northerly side of SW Bull Mountain Road, that was a part
;'i; of the Shadow Hills plat,
This development application is for an "in-fill" project in an area that his limited
opportunities for future subdivision. In reviewing access to this site, it is appropriate to
4 include how access to the adjoining properties will be provided in the future, and in fact,
is a requirement of the new code revisions.
`'' In order to comply with the current local street standards as adopted by Ordinance No. 94-
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07, relating to street alignment and connections, the applicant has met with the adjoining
property owners to develop a plan to comply with the provisions for an "internal network
of connecting streets".
Specifically, Section 18.164.030,F-1-a requires a "future street plan" to address access to
all parcels within 200 feet of the proposed development, As an alternative, the applicant
, is proposing a private driveway to provide a joint use access for the new lots,together with
the property to the west along Tract "A". The applicant should provide a joint use access
and maintenance agreement prior to recordation of the partition plat.
The design of the new common driveway to SW Bull Mountain Road should provide for
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a future centerline to centerline intersection with SW McFarland Boulevard: This portion
of the driveway would be re-constructed with the development of the adjacent parcel
known as Tax Lot 1500. The first 100 feet, more or less, of the new private access
driveway should be relocated in the future to align with SW McFarland Boulevard to the
' north. This requirement for the inclusion of Tax Lot 1500 should be provided within the
` agreement related to joint access.
In regards to the future widening of SW Bull Mountain Road, the applicant should be
required to sign an agreement to waive the property owner's right to oppose or remonstrate
A7 against a future Local Improvement District formed to improve SW Bull Mountain Road.
2. Sanitary Sewer:
Sanitarysewer service isprovided bythe existing8" sewer located in an easement through
the property at the southerly boundary, constructed with the Helm Heights development.
The sewer has sufficient capacity for the proposed development.
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NOTICE OF DECISMN - MLP 94-0012(Revised Decision)-GOTTER/ROYAL OAKS Page 4
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.1'Y* Although a specific design for the sewer system was not provided, it appears that both the
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sewer and storm drain will cross proposed Pa::.e13.The final design will require provisions
r for access to the sewer and storm drain manhole. Typically access consists of a 10 foot `
4 . wide paved access within a 15 foot wide easement:
, s In addition, the design should include new construction to end in a manhole located a
' ' , ;4, minimum of five feet north of a line being the extension of the northerly line of proposed F:
,•,,,••;',",',,`, - Parcel. 1, to serve said Tax Lot 1500.
!',','?,•:,•'4','4. 3. Story:: Sewer:
L ,, The property slopes in a southerly direction towards the Helm Heights development and
",' , is served by the 12" diameter storm drain stubbed to the property by that development. All
drainage of the proposed development of the new parcel should be directed to the public
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r stormwater drainage system. The ;new storm drain system should also extend to a point ,,
M'' in the new public street at the extension of the northerly line of proposed Parcel 1. In
addition, the applicant should pay the fee in-lieu of storm water quality treatment.
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If the alignment of the proposed storm drain includes an easement, the same access
'`1 `, standards rds would apply, requiring a 10 foot wide paved access within a 15 foot wide
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:14'',":'..:!:..' easement.
SECTION III FINDINGS AND CONCLUSIONS - Minor Land Partition
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Section 18.162.040 contains the following general approval criteria for a Minor Land
1,'''',:''.;.:.'..'';•i:, Partition:
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'i.'"4`.:'.,,;;','":. 1. The proposal conforms with the city's comprehensive plan•,
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2. The proposed partition complies with all statutory and ordinance
requirements and regulation
3. Adequate public facilities are 9vailable to serve the proposal;
4. All proposed lots conform to the size and dimensional requirements of this ,,
} title; and
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5. All proposed improvements meet city and applicable agency standards(Ord.
89-06; Ord. 83-52),
t4..:: The proposed parcels of approximately 10,509, 9,594 and 16,511 square feet fall within
the density range of the comprehensive plan. Through the revised conditions of approval
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the use of a Tract A for vehicular access and turn-around would be permitted. This
4NOTICE OF'DECISION-MLP 94-0012(Revised Decision)- COTTER/ROYAL OAKS Page 5
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revision is recommended due to the limited additional development potential of adjoining
_ properties to develop significant numbers of residential dwelling units which would access
Tract A to SW Bull MOuntain Road.
1; , Each proposed lot also complies with the 7,500 square foot lot minimum in accordance
, 'i; with criteria#1 and Chapter 1892. Upon completion of the review period the applicants
z; request will have complied with the statutory requirements of the City of Tigard for review
4 of this application as required by criteria#2.
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Adequate public facilities are available or have been required to be provided to serve this
„, firsite as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and
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18.164.1()0 (Storm Drain) as required by criteria #3. All required internal street
1 improvements shall be improved and constructed by the applicant. The Engineering
°:..‘;‘'-.. " Department has also required that the applicant sign a waiver of remonstrance of formation ,
P• 04: of a future local improvement district:
The new parcels do not exceed a two and one half to one length to depth ratio and each
:'„",',:°,;'°°14',1',', newly created parcel exceeds 50 feet in average width. The parcel configurations conform
with size and dimensional requirements of the zone as required by criteria#4.
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h ;,, 7. All proposed improvements will comply with city and applicable agency standards in
"{, satisfaction with criteria #5 as reviewed through the building permit plan check review
1 process. The newly created parcels do not presently comply with the basic solar access
'•3•^ L-°,:°,,..,., requirement which is that 80%of all newly created lots shall have a minimum north-south
a; dimension of 90 feet. It appears that the north to south dimension of the an east to west
`` ' lot lines can be adjusted slightly to comply with this standard by providing a minimum of
90 feet. Condition of Approval#4 states that an applicant can meet the city's solar access
' -, •" standards by complying with either the basic standard, the protected solar building line
- , option or the performance option. The applicant can also provide a statement as to impacts
'4 :1°,,°'",, on project costs which are a result of strict compliance with either solar access option.
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Through these building options energy efficient design is ensured through the location of
'ti`.- solar access easements adjoining the residence to provide for sufficient solar access or
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through the design of the homes which incorporates window glazing with solar orientation.
., An applicant can request an exception to the solar access standards based on the following
development constraints: Site topography in excess of a 10 percent slope, shade from '
existing on-site or off-site vegetation or structures, significant natural features, existing
street public easement patterns, impacts to density, cost or amenities of the project which
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�;'; i adds five percent or more to the cost of each lot.
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ILI F Section 18.162,050 contains the following special provisions for lots created through the
partition process:
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A. Lot Width: The minimum width of the building envelope area shall meet ;
the lot requirement of the applicable zoning district.
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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.
` F'± C. Lot Frontage: Each lot created through the partition process shall 'front a
,' public right-of-way by at least 15 fe,:t or have a legally recorded minimum
,, 15 foot wide access easement.
D. Setbacks: Setbacks shall be as required by the applicable zoning district.
' E. Front Yard Determination for Flag Lot: When the partitioned lot is a flag
,,..',f,':4•,!;:!:- 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.
F. Screening on Flag 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 pro--,,;d
development. r`
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G. 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 firefighting capabilities.
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,,' H. Recq.rocal Easements: Where a common drive is to be provided to serve
' more Shan one lot, a reciprocal easement which will ensure access and
maintenance rights shall be recorded with the approved partition map.
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',. I. Accessway: Any accessway shall comply with the standards set forth in
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Chapter 18.108, Access, Egress, and Circulation.
J. Where landfill and/or development is allowed within or adjacent to the one-
hundred-year floodplain, the City shall require the dedication of sufficient
co • 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
'7 adopted pedestrian/bicycle pathway plan.
NOTICE OF DECISION-MLP 94-0012(Revised Decision). GOTTER/ROYAL OAKS Pi ;e 7
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' ' Criteria A,B,C,and D are satisfied. The proposed parcels will both exceed
the average lot width of 50 feet and area requirement of 7,500 square feet
set forth within the R.-4.5 zoning district and the density computation
• i',-,';';"` standards set forth in Section 18.92. Each newly created parcel would have
j ` in excess of 15 feet of direct frontage on a dedicated street in satisfaction
r. •„ of the lot frontage requirement in criteria C. Sections 18.50, 18.100 and
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' 18.102 set forth standards for setbacks,clear vision and landscape buffering
which will be reviewed through the building permit plan check review in
satisfaction of criteria D+
Criteria E will be satisfied through the building permit plan check of future
�; ° •' structures on the property. Criteria F has been complied with because the
newly created parcels will have direct frontage to a publicly dedicated street.
, Therefore privacy screening along the access road is not required.
,r, ' Fire hydrants shall be(;onsistent with Uniform Fire Code standards thereby
,' satisfying criteria G. Criteria H which requires reciprocal access
.4'11' maintenance agreement to maintain a joint access easement has been
3',� '�x� required as a Condition of Approval for maintenance of the proposed"Tract
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~: , ' A" private street. Criteria I is satisfied through the requirement for
'1'1',:,,,,-d..,":-:,,rdevelopment of a private street which provides direct access to SW Bull
'' r Mountain Road. Criteria J has been met because the parcel is not located
�`. '} within the 100 year flood plain or in areas with slopes exceeding 25 percent.
;, This parcel also does not abut a designated bike and/or pedestrian path.
"', �;. `! SIECTION IV - DECISION
+ ' t'' The Planning Division hereby recommends APPROVAL of Minor Land Partition 94-0012
(Revised Decision) subject to the conditions listed in Section I at the beginning of this •
'` ' decision.
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' THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
I.•• EFFECTIVE DATE OF THIS DECISION.
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1, Notice: Notice was posted at City Hall and mailed to:
y, XX The applicant and owners
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XX Owners of record within the required distance
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— XX Affected government agencies
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r 2; Final.Decision: THE DECISION SHALL BE FINAL ON /1/2-q1/4 UNLESS AN
APPEAL IS FILED.
'" NOTICE OF DECISION MLP 94-0012(Revised Decision)- GOTTERLROYAL OAKS Page 1 •
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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 :30 p.m. )1 14 4,14
4. 1.estions: If, you have questions,please call City of Tigard Planning Department,
City of Tigard City Hall, 13125 SW Flail Blvd., Tigard, Oregon.
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CASE NO
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PLOT PLAN
N/NOR PARTITION *94-0012
EXHIBIT
1■ (REVISED DECISIOY )':