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MIS1995-00013 Decision - LES SCHWAB CITY OF TIGARD NOTICE OF DECISION LOT LINE' ADJUSTMENT MIS 95-0013 STERLING DEVELOPMENT APPLICATION: The applicant requests approval of a Lot Line Adjustment to adjust three parcels of approximately 35,000, 35,231 and 19,247 square feet into three parcels of approximately 50,000, 21,685 and 17,693 square feet respectively. ZONING DESIGNATION: General Commercial (C-G) COMPREHENSIVE PLAN DESIGNATION: General Commercial (C-G) LOCATION: 15430 and 25470 W Pacific Highway (WCTM 2S1 1ODB, tax lots 600, 700 and 702). DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to the fallowing conditions: 1. A lot line adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. STAFF CONTACT: John Hadley, Engineering Department. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION DATE NOTED CINDER THE PROCESS AND APPEAL SECTION BELOW. FINDINGS AND CONCLUSIONS: The findings and conclusions on which the decision i based are noted below: Community Development Code Section 18.162.060 contains standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the lot line adjustment, and the exiting parcels reduced in size by the adjustment are not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the .lot or structure(s) can the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 1 The proposed lot line adjustment is consistent with Criteria 1-3. The proposed adjustment will reconfigure the lot lines, however no additional parcels will be created by the adjustment. The General Commercial zone does not require that a minimum lot area be maintained. The General Commercial zone requires that all parcels maintain a SO foot average The three reconfigured parcels will continue to exceed the S0 foot average lot width requirement of the zone. The proposed structures to be developed as a part of the Tigard Promenade have also been reviewed preliminarily as it relates to this adjustment and will be reviewed for compliance with the Community Development Code and the Uniform Building Code standards through the Detailed Planned Development and Building Permit Review process which will be required prier to development of the site. In addition to meeting the above standards, a lot line adjustment must also meet the fallowing criteria applicable to lots created through the minor land partition process (Code Section 18.162.OS0): A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. 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. C. Lot Frontage: Each lot created through the partition process shall front a public right-of-way of at least 1S feet or have a legally recorded minimum 1S 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 lot, the developer may determine -ae 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 NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 2 proposed development. 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 fire fighting capabilities. H. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. I. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. J. Where landfill anal/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 adapted pedestrian/bicycle pathway plan. Criteria A is met because all three lots will continue to exceed the 50 average lot width standard required in the General Commercial Zoning District. Criteria B is not applicable because the General Commercial Zoning District does not specify a minimum lot size standard. Neither of the newly reconfigured parcels is proposed to be configured as a flag lot. Criteria C has been met because all three parcels will continue to have direct frontage in excess of 1S feet on Pacific Highway and/or SW 109th Street. Criteria D which addresses setback requirements will be reviewed at the building permit plan check review for all three parcels through the Detailed Planned Development and Building Permit Review process which will be required prior to development of the site. Criteria E and F which address the front yard setback orientation of structures and the requirements for screening of the flag lot access driveway will be reviewed for these properties through any future applications for building permits. Criteria G and I which address property access have been met NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PANE 3 because of the design of the parcels. Each reconfigured property maintains direct frontage on Pacific Highway and/or SW 109th Street in excess of 15 feet.. Criteria H concerning reciprocal access was previously provided for through the Site Development Review which was recently preliminarily approved. Criteria J is not applicable to this application because the properties are not within a landfill. The properties are also not within a sensitive lands areas which are areas within the 100-year floodplain, wetlands, steep slope or drainageway area... Service providing agencies will have the opportunity to review the decision within the 10 day appeal period and may request reconsideration of the decision if it may adversely affect their ability to provide service to the subject or neighboring properties. PROCEDURE AND APPEAL INFORMATION 1. Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 2224/95 UNLESS Ate? APPEAL IS FILED. 3.._~a? Any party to the decision may appeal this decision. in accoZdanee with. Section 18.32.290(A) and. Section 10.32.370 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. The appeal fee schedule and farms are available from the Planning Division at Tigard City Hall, 13125 SW Hall Blvd.., Tigard, Oregon.. The deadline for filing of an appeal is 3:30 p.m. Monday July 24, 1995. 4. Questions. If you have questions, please call the city of -Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. 7/12/95 PREPARED BY: Mark Roberts DATE Associate Planner C r if_,t l 7/12,/95 APPROVED BY : Dick Bewersdorf f ~ DATE Senior Planner ' NOTICE OF DECISION - STERLING DEVELOPMENT - MIS 95-0013 PAGE 4 t . PROPOSED WASHINGTON FEDERAL SAVINGS PAD SITE ' ` ' J " 55 NEW LOT LINE` NEW LaT LINE . ! .CI.~.ID I E --s_--. PROPOSED I. I I UNKNOI^N FUTURE. TES SCHWABi I PAD SITE I I TEN'ANT PAD SITE tbT LINE f I I ~"`'rai~ ° 9+ 1 t t y~' ` I 1 1 1 f 1! P~{ af Wis. a! i t .1 1.:.Li_' J t t r i i i i L L CASE NO. EN"'IBIT MAD LOT LINE ADJUSTMENT STERL'-'r. DEVELopt4ENT/PROMENADE SELENIAR CT VIEWCREST (T RIDGE DR ~r6 T. . SITE z Pa E,9 0 , 20 c C3 VICINITY EXHIBIT MAP CASE: MIS 95-0013 JUST-'VENT WTH LOT LI AD Unto 1'-400' STERLING UEV-ELOP EIIT PROMENADE FEET TIGARD CI Y LIMITS 0 400 80€7 W\GJS0AT\TlQC0V\NFLS0WG\SXN19 VIVO