Hearings Officer Packet - 05/10/19939
AGENDA
TIGARD HEARINGS OFFICER
MONDAY, MAY 10, 1993 - 7:00 P.M.
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BLVD., TIGARD, OR 97223
1. CALL TO ORDER
2. PUBLIC HEARINGS
0
2.1 SUBDIVISION SUB 93-0009 GRASC07PETRIE The applicant
requests Subdivision preliminary plat approval to divide a 3.2
acre site into 11 lots ranging in size from 10,027 to 18,528
square feet. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.48, 18.88, 18.92, 18.102, 18.108,
18.150, 18.160, and 18.164; Comprehensive Plan Policies 2.1.1,
4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. LOCATION:
13400 SW 76th Avenue, the northwest corner of SW 74th and
Cherry Drive and two lots in between (WCTM 2S1 1DC, tax lots
3300, 3400, 3600, and 3601) ZONE: R-3.5 (Residental, 3.5
units/acre) The R-3.5 zone allows single-family detached
residential units, public support facilities, residential
treatment homes, farming, manufactured homes, family day care,
home occupations, temporary uses, and accessory structures
among other uses.
3. OTHER BUSINESS
4. ADJOURNMENT
T I 4 RD H E A R I N G S O F F I
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT)
AGENDA ITEM: '2-; ! CASE NUMBER(S); 6u 4 93-0001
OWNER/APPLICANT: l ~I1 Gl ~iClf~ I (J~
~ l +1 *
LOCATION: I~'-~OD GW -1 4W L)W Oeffvo~ A
NPO NUMBER: , DATE OF HEARING:
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
--PROPONENT (For the proposal) OPPONENT Against the proposal)
Name GR141 G P1 ~e, ~](Zr/~Q,, I~~ Name
Address 1-6w l~"~y~`f' L ry Address
Name /4 4V ' ~f 41 e e / Name
Address 1 ~r Kl 5• w, / Address
Name C 4 ~ A C) D ~ Name
Address 7 `f 7 Sr SGj Address
Name v (?,,6 ~ a uc' ` Name
Address `7412 J LJ ~fw~ J I Address
Name &Mefwl,4 Name
Address T qr J / L CA I Address
Name Name
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Address I Address
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Name Name
Address Address
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0 0
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding a request by Craig Petrie for Grasco Investments ) FINAL ORDER
and Raymond Ems for approval of a preliminary plat for an )
11-lot land division in the R-3.5 zone at 13400 SW Cherry ) SUB 93-0009
Street in the City of Tigard, Oregon ) (Cherry Park)
FINDINGS
1. The hearings officer hereby adopts and incorporates herein the findings of the
Tigard Community Development Department Staff Report dated May 3, 1993 (the "Staff
Report"), including the summary, findings about the site and surroundings, applicable
approval standards, NPO and agency comments, and evaluation of the request.
2. The hearings officer conducted a duly notice public hearing regarding the
application on May 10, 1993.
a. City Planner Ron Pomeroy summarized the Staff Report and corrected a
reference to 74th Avenue in finding B.4 on page 11.
b. Craig Petrie appeared on his own behalf. He accepted the Staff Report
without objections or corrections and responded to public testimony.
c. Six members of the public testified with questions or concerns: Anthony
Maksym, Ed Gordon, Charles Lauck, Dennis Woraniak, James Walker and Harry Chick.
All live adjoining or near the subject property. Several witnesses wanted information about
the public sanitary sewer access. The Unified Sewerage Agency is the best source of such
information. Mr. Petrie agreed to notify the witnesses who expressed interest when he has
completed plans for the sewer construction. Witnesses asked questions about the proposed
structure heights and locations, significant trees, road improvements, and private covenants
and restrictions. Mr. Gordon urged the applicant to place the sidewalk adjoining the private
street on the east side of that street and to preserve existing oak trees on the west side of
that street. He submitted two photographs of the trees. Mr. Petrie observed that it may not
be possible to preserve the trees given the limited area available for the street.
CONCLUSION
Based on the above findings, and the conclusions in section VI of the Staff Report,
the applicant's request complies with the applicable standards of the City of Tigard
Community Development Code and should be approved, subject to the conditions of
approval in the Staff Report.
ORDER
The applicant's requests, SUB 93-0009 (Cherry Park) is hereby approved, subject
to the conditions in Section VI of the Staff Report.
is 11th di -eMlay,1993. ,
Larry Eps in, CP/f
City of Tig eaBffigs Officer
COMMUNITY NEWSPAPERS, INC. Legal TT 7542
P.O. BOX 370 PHONE (503) 684.0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising The following will be considered by the Tigard Hearings Officer on Mon-
day, May 10. 1993.01 7:00 P.M. at Tigard Civic Center - Town Hall,
• • ❑ Tearsheet No 13125 S.W. Hall Blvd., Tigard, Oregon. Both public oral and written tes-
timony is invited. The public hearing on this matter will be conducted in
City of Tigard accordance with the rules of Chapter 18.32 of the Tigard Municipal Code,
• att: Terry • ❑ Duplicate Affi and rules and procedures of the Hearings Officer. Failure to raise an issue
13125 SW Hail Blvd. in person or by letter precludes an appeal, and failure to specify the
' Tigard, Or 97223 • criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on than
criterion. Further information may be obtained from the Planning Division
at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 6394171.
AFFIDAVIT OF PUBLICATION PUBLIC HEARING
STATE OF OREGON, )
COUNTY OF WASHINGTON, )-98-
I Judith Koehler
being first duly sworn, depose and say that I m t)te Advertising
Director, or his principal clerk, of the Tigar Tines
a newspaper of general circula ion as defined in ORS 193.010
and 193.020; published at Tlizard in the
aforesaid c unt and state; that the
HeAring~ 93-0009 Grasco/Petrie
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One successive and
consecutive in the following issues:
April 29. 1993
SUBDIVISION SUB 93-0009 GRASCOIPETRIE
The applicant requests Subdivision preliminary plat approval to divide a
3.2 acre site into 11 lots ranging in size from 10,027 to 18.528 square feet.
APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.48,18.88,18.92,18.102,18.108,18.150,18.160, and 18.164;
Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1,
end 8.1.3. LOCATION: 13400 S.W. 76th Avenue, the northwest corer of
$.W. 74th and Cherry Drive and two lots in between (WCTM 2S1 1DC,
tax lots 3300, 3400, 3600, and 3601). ZONE: R-3.5 (Residential, 3.5
units/acre). The R-3.5 zone allows single-family detached residential
units, public support facilities, residential treatment homes, farming,.
manufactured homes, family day care, home occupations, temporary uses,
and accessory structures among other uses.
TT7542 -Publish April 29, 1993.
Subscribed ajswos: to before me Chip 29th day of April 1 V OFFICIAL SEAI
JACQUELINE ARELLANO
f ' NOTARY PUBLIC•OREGON
~1 J/ NotaPublic for Oregon COMMISSION NO.023140
My Commiss1MY COMMISSION EXPIRES JUNE 9, 1997
AFFIDAVIT
AGENDA ITEM li,/
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Craig Petrie on behalf STAFF REPORT
of Grasco Investments and Raymond Ems for Subdivision SUB 93-0009
preliminary plat approval.
I. SUMMARY OF THE REQUEST
CASE: Subdivision SUB 93-0009
SUMMARY: The applicant requests Subdivision preliminary plat approval to
divide a 3.2 acre site into 11 single-family lots ranging from
10,027 to 18,528 square feet in size. Six of these lots are
proposed to be accessed by a private street.
APPLICANT: Craig Petrie
18262 SW Bryant Road
Lake Oswego, OR 97035
OWNERS: Grasco Investments
10300 SW Century Oak Drive
Tigard, OR 97223
Raymond and Phyllis Ems
13400 SW Fir Street
Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Low-Density, Residential
ZONING DESIGNATION: R-3.5 (Residential, 3.5 units per acre)
LOCATION: 13400 SW 76th Avenue, The northwest corner of the intersection of
SW 74th Avenue and SW Cherry Drive, and two additional lots in
between. (WCTM 2S1 1DC, tax lots 3300, 3400, 3600 and 3601)
APPLICABLE LAW: Community Development Code Chapters 18.48, 18.88, 18.92, 18.102,
18,108, 18,150, 18.160 and 18.164; and Comprehensive Plan Policies 2.1.1, 4.2.1,
7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Background Information:
The existing lots were created through separate partition processes.
The Rolling Hills No. 2 Subdivision, adjacent to the west and south of
the site, was platted in October 1962. There have been no other
Planning Division reviews for this site. The existing single family
residence was built many years ago and did not require a planning
review.
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 1
B. Vicinitv Information and Surrounding Land Uses:
This 3.5 acre site is located on the west side of SW 74th Avenue and
north of SW Cherry Drive. The northern portion of this site is adjacent
to the intersection of SW Fir Street and SW 76th Avenue. The properties
on all sides of this site are developed with single family homes. Lots
to the east of this site, across SW 74th Avenue, are zoned C-P
(Commercial Professional). The balance of the surrounding lots are
zoned R-3.5 (Residential, 3.5 units per acre).
C. Site Descrintion:
An existing single family residence is located at the northern end of
the site. Access to this residence is gained from SW 76th Avenue. The
site generally slopes toward the south with the majority of the slope
near the SW Cherry Street right-of-way. Trees are located throughout
the site and are primarily clustered in the northern and the southeast
corners of the property. The majority of these trees are Cottonwood,
Aspen and fruit trees.
III. APPLICABLE APPROVAL STANDARDS
A. Communitv Development Code.
1. Chapter 18.48.050 contains standards for the R-3.5 zone. A
single-family detached residential unit is a permitted use in this
zone and must comply with the following dimensional requirements:
Minimum lot size
10,000
square feet
Front setback
20
feet
Garage setback
20
feet
Interior sideyard setback
5
feet
Corner sideyard setback
20
feet
Rear setback
15
feet
Maximum building height
30
feet
2. Chapter 18.88.040(0)(1) contains solar access standards for new
residential development. A lot meets the basic solar access lot
standard if it has a north-south dimension of 90 feet or more and
has a front lot line that is oriented within 30 degrees of a true
east-west axis. A subdivision complies with the basic requirement
if 80% or more of the newly created lots meet or exceed this
standard.
3. Chapter 18.92.020 contains standards for density. The number of
dwelling units permitted is based on the net development area,
excluding sensitive land areas and land dedicated for public roads
or parks, or for private roadways. This land area is then divided
by the minimum parcel size permitted by the zoning district to
determine the number of lots which may be created on a site.
4. Chapter 18.102.030 specifies vision clearance triangles adjacent
to intersections in which the height of plantings, signs, etc. are
limited to three feet in height to assure safe and adequate sight
HEARINGS OFFICER - GRASCO`PETRIE SUB 93-0009 PAGE 2
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distance at intersections to reduce potential hazards from
vehicular turning movements. Alternatively, trees may be limbed
up to eight feet in height.
5. Chapter 18.108.070 contains standards for single-family
residential vehicular access. Private drives may provide access
for a maximum of six residences. A common private accessway which
serves between three to six residences must be a minimum of 30
feet wide with a minimum pavement width of at least 24 feet, curbs
and a walkway.
6. Chapter 18.150.020(E) requires a permit for removal of trees
having a trunk 6 inches or more in diameter measured four feet
above the ground on undeveloped residential land. A permit for
tree removal must comply with the following criteria as specified
in Chapter 18.150.030(A):
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.
7. Chapter 18.160.060(A) contains standards for the subdividing of
parcels into 4 or more lots. To be approved, a preliminary plat
must comply with the following criteria:
a. The proposal must comply with the City's Comprehensive
Plan, the applicable zoning ordinance and other applicable
ordinances and regulations;
b. The proposed plat name must not be duplicative and must
otherwise satisfy the provisions of ORS Chapter 92;
C. The streets and roads must be laid out so as to conform to
the plats of subdivisions and maps of partitions or
subdivisions already approved for adjoining property as to
width, general direction and in all other respects unless
the City determines it is in the public interest to modify
the street or road pattern; and
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 3
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d. An explanation has been provided for all common
improvements.
9. Chapter 18.164.060(A)(1)(b) states that the depth of all lots
shall not exceed 2-1/2 times the average lot width.
10. Chapter 18.164 also contains standards for streets and utilities.
The applicable standards are as follows:
a. Section 18.164.030(A1 requires streets within and adjoining
a development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.030(E1(1)(a) requires local streets to be
constructed with 34 feet of pavement within a 50 foot
right-of-way.
C. Section 18.164.060 prohibits lot depth from being more than
2J times the lot width, and requires that lots have at
least 25 feet of frontage on either public or private
streets, other than an alley.
d. Section 18.164.070 requires sidewalks adjoining all
residential streets.
e. Section 18.164.090 requires sanitary sewer service.
f. Section 18.164.100 requires adequate provisions for storm
water runoff and dedication of easements for storm drainage
facilities.
B. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the
planning and development review process.
2. Policy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and
regional water quality standards.
3. Policy 7.1.2 provides the City will require as a condition of
development approval that public water, sewer, and storm drainage
will be provided and designed to City standards and utilities
placed underground.
4. Policy 7.3.1 provides the City will coordinate water services with
water districts.
5. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 4
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6. Policy 7.6.1 requires that the development be served by a water
system having adequate water pressure for fire protection purposes
and that the Fire District review all such applications.
7. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
8. Policy 8.1.3 provides the City will require as a precondition of
approval that:
a. Development abut a dedicated street or have other adequate
access;
b. Street right-of-way shall be dedicated where the street is
substandard in width;
C. The developer shall commit to construction of the streets,
curbs, sidewalks to City standards within the development.
d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the
development's impacts;
e. Street improvements shall be made and street signs or
signals shall be provided when the development is found to
create or intensify a traffic hazard.
IV. NPO & AGENCY COMMENTS
1. The City of Tigard Building Division has reviewed this application and
has noted that any retaining wall over 4 feet in height, measured from
the bottom of the footings to the top of the wall, requires a permit
from the Building Division. No provisions have been made for storm
drainage from lots 1 and 2, and possibly 4, 7 and 9. If the existing
house on lot 1 is on a septic system and is to remain on such, the tank
and drainfield must be within the lot perimeters.
2. Tigard-Tualatin School District 231 has reviewed this application and
has noted that the proposed development is projected to generate 4 new
students for Phil Lewis Elementary school, 2 new students at Fowler
Middle School, and 1 new student at Tigard High School. The School
District notes that the school capacity at the High School is already
exceeded, although both Phil Lewis Elementary and Fowler Middle School
are presently below capacity. The District notes that the core facility
of the High School is insufficient to be able to consider portable
additions. Additional school capacity may be provided by other options
under consideration by the School District, including: grade level
reconfiguration, rescheduled school year, boundary adjustments, double
shifting, busing to under-utilized facilities, future bond measures
leading to construction of new facilities and other school housing
options.
HEARINGS OFFICER GRASCO\PETRIE SUB 93-0009 PAGE 5
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3. Neighborhood Planning Organization (NPO) #5 has reviewed this proposal
and has stated that they are concerned about the quality of the storm
water runoff from this project and how this will affect septic systems
on adjacent properties.
4. General Telephone has reviewed this application and has commented that
the developer should contact GTE 30 days prior to the opening of the
utility trench.
5. Tualatin Valley Water District has reviewed this application and has
commented that the Roadway must be publicly dedicated for water district
access. Sewer and water lines should have at least 10 feet of
separation.
6. The City of Tigard Public Works Division, Portland General Electric, and
the Tualatin Valley Fire District have reviewed this proposal and have
offered no comments or objections.
V. EVALUATION OF REQUEST
A. Analvsis - Subdivision.
1. The proposed subdivision complies with the use standards of the
R-3.5 zoning district (Section 18.48.050) because the lots are
intended to be developed as single-family residences. Single
family residences are listed as a permitted use in this zone. The
11 proposed lots, which range in size between 10,027 and 18,528
square feet, are all either equal to or larger than the minimum
requirement for lot size in this zone (10,000 square feet for
single family use).
As shown on the preliminary plat dated 3-2-93, the existing
residence encroached into the required setbacks on lot number one.
In a letter from Mr. Petrie, which was received by the Planning
Division on April 26, 1993, it is requested that the lot line
between lots 1 and 2 be adjusted to the west to provide adequate
setbacks for the residence on lot one. This adjustment would
cause lot one to increase to 19,603 square feet in size. All
proposed lots shall be subject to the setback standards of the R-
3.5 zone. Compliance with these standards will be reviewed as
part of the building permit application process for residential
structures.
Lots 6 and 9 propose to include narrow pieces of land in their
lots areas which run along each side of the proposed private
street. These two areas measure 3.5 X 160 for lot 6 (560 square
feet) and 7 X 122 for lot 9 (854 square feet). The City is
recommending the following changes to the design of the private
street which will make it less of a maintenance burden to all
those concerned:
A. The 7 foot strip along the east side of the private street
(shown as part of Lot 9) should be incorporated with the
private street;
HEARINGS OFFICER GRASCO\PETRIE SUB 93-0009 PAGE 6
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B. The 3.50 foot strip along the west side of the private
street (shown as part of Lot 6) should be incorporated with
the private street; and
C. The strip of land on Lot 3 which is between the hammerhead
and the adjacent property to the east (Tax Lot 3501) should
be incorporated with the private street. Alternatively,
the private street should be shifted to the east so as to
cause this strip to be incorporated into the main body of
lot three.
This adjustment will cause lots 6 and 9 to be less than the 10,000
square foot lot minimum lot size which is required of parcels in
the R-3.5 zone. Therefore, the applicant shall provide a revised
plat which demonstrates that all lots shall continue to meet this
code standard. During the adjustment of these lot lines, the
applicant should monitor the lot depth to width ratio of lot
number seven.
It is recommended that a joint use and maintenance agreement be
provided for the private street including the portions of land
specified in A and B above.
2. Three of the lots (lots numbers 1, 2 and 5) meet the basic solar
access requirements as specified in Code Section 18.88.040(0?(1).
The front lot line orientation of these lots is within 30 degrees
of true east-west (flag lots may choose which is the front lot
line). These lots also provides a minimum north-south dimension
of at least 90 feet. The balance of these lots either do not meet
the front lot line orientation and\or the 90 foot north-south lot
dimension requirement.
Of the 11 proposed lots, two lots (specifically, 2.2 lots) may be
counted as the standard 20% exemption from these solar lot
requirements. Therefore, lots 3 and 4 are exempted from these
standards. The six remaining lots (lots 6 through 11) are
accepted by staff as exceptions to these standards as per Section
18.88.040(E) (1) (a). The north-south orientation of SW 74th Avenue
causes lots 8, 10 and 11 to orient their front lot lines in a
north-south alignment and therefore do not conform to the base
requirements of this code section. The remaining lots (lots 6 and
7) are constrained from meeting the base requirements due to both
the placement of the proposed private street and the configuration
of the site. To require strict compliance with these standards
would reduce the overall density on this site. It is recommended
that these remaining two lots be exempted from the solar access
requirements according to the above referenced adjustment to the
design standards. Therefore, the requirements of the solar access
portion of the Development Code have been met by this proposal.
3. The proposed subdivision complies with the density standards of
Chapter 18.92.020 (Density). The net developable area of the site
(after deduction of the public right-of-way) is approximately
127,994 square feet (2.94 acres); the gross site is approximately
3.2 acres. With a minimum lot size of 10,000 square feet per lot,
BEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 7
• •
this site yields an opportunity for 12 dwelling units under the
R-3.5 zoning designation (specifically, 12.8 lots). The applicant
has proposed the creation of 11 lots and thereby complies with
this standard.
4. Chapter 18.102 (Visual Clearance) requires that adequate vision
be provided at all road intersections. This standard shall be
satisfied by adherence to the requirements regarding the height
and placement of any future possible obstructions including a
subdivision identification sign. Prior to the installation of any
such sign, a sign permit from the Planning Department must be
obtained. The sign permit review and approval process will
require a finding that the sign will be consistent with the
requirements of Chapters 18.102 (Vision Clearance) and 18.114
(Signs).
5. Section 18.108 (Access) and Section 18.164.060(B1 (Lot Frontage)
are satisfied. All lots are provided with at least 25 feet of
either public or private roadway frontage as required by Section
18.164. The applicant proposes to continue to provide access to
lots 1 and 2 from the intersection of SW Fir Street and SW 76th
Avenue. Lots 8,10 and 11 are proposed to be served by SW 74th
Avenue. The remaining six lots are proposed to be served by a
private street heading northward from SW Cherry Drive. This
proposal complies with the access provisions required by Section
18.108. Therefore, these code standards have been satisfied.
6. Section 18.164.060(A1(11(b1 (Lots) states that the maximum lot
depth to width ratio is 2-1/2 to one. Lot 7 meets this standard
with an average ratio of 2.48 to 1. All other lots are also in
compliance with this code section. Therefore, all of the proposed
lots are in conformance with this standard.
7. Section 18.150.020(E1 (Tree Removal) requires that the applicant
apply for, and receive approval for, a tree removal permit prior
to the removal of any tree measuring 6 inches or greater in
diameter at a height of four feet above grade prior to the removal
of any such tree from the site. A detailed tree survey has been
submitted as part of this application. Prior to the issuance of
a tree removal permit, the applicant shall specify the trees being
requested for removal as they relate to: 1) public improvements,
and 2) building envelopes.
8. The proposed subdivision is consistent with the subdivision
approval standards of Chapter 18.160.0601A1 (Subdivisions)
because:
a. The proposed subdivision complies with the Comprehensive
Plan Map's Low-Density Residential density opportunity for
the site as well as with the applicable plan policies, the
regulations of the R-3.5 zone, and other applicable
regulations;
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 8
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•
b. The proposed name of the subdivision (Cherry Park) is not
duplicative of any other plat recorded in Washington
County;
C. The improvements to SW 74th Avenue and the creation of the
private street provide for both adequate and safe access to
the lots in this proposed subdivision.
9. The City of Tigard Engineering Department has reviewed the
proposal and offers the following analysis with regard to streets,
sanitary sewers and storm drainage:
A. Streets:
Southwest Cherry Drive and SW 74th Avenue are both classified as
local streets. Local streets are required to meet the following
standards (all distance are from centerline of right-of-way): 25
feet of right-of-way, 17 feet of pavement, curb and sidewalk.
Southwest Cherry Drive is fully improved along the frontage of the
development except for the provision of a sidewalk. Therefore,
the applicant should be required to install a sidewalk along the
frontage of SW Cherry Drive and underground any overhead
utilities.
Southwest 74th Avenue is an unimproved local street between SW
Cherry Drive and SW Fir Street. There is 20 feet of right-of-way
on each side of the centerline. The applicant is proposing to
provide two-thirds street improvements along with the 5 feet of
additional right-of-way along the frontage of the development,
thereby meeting local street standards. The applicant should also
be required to provide a turn-around at the northern terminus
which meets the requirements of the Tualatin Valley Fire District.
The applicant is proposing to construct a private street which
will serve six residences and provide access to SW Cherry Drive.
The private street, as proposed, meets all applicable City
standards. Lots one and two are provided access to the public
right-of-way at the corner of SW Fir Street and SW 76th Avenue.
These two streets are fully improved with the exception that there
are no sidewalks. As development occurs, public improvements are
typically installed to bring sub-standard situations into
compliance. While the provision of a sidewalk is part of the
existing City standard for a local street, the City contends that
the requirement for the installation of a sidewalk should be
waived.
There is approximately 75 feet of street frontage along this
portion of the site. The two proposed driveway approaches account
for approximately 60 feet of this distance (maximum 30 feet per
driveway apron) leaving only about 15 feet to be improved. The
remaining portion of the existing neighborhood is not likely to
acquire sidewalks in the near future. Therefore, the applicant
should be required to sign a non-remonstrance agreement regarding
the installation of sidewalks.
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 9
2. Sanitary Sewer:
There is an existing 8 inch public sanitary sewer line located
approximately 250 feet south of proposed development. The
applicant is proposing to connect to and extend to sewer line to
serve this development. The existing line has the capacity to
accommodate this development.
3. Storm Drainage:
The applicant is proposing to collect the storm water at various
points within the subdivision. The storm water will be directed
towards the existing storm sewer system which is located in SW
Cherry Drive. The applicant should verify that the existing
system has the capacity to accommodate this development.
The Unified Sewerage Agency has established, and the City has
agreed to enforce (Resolution and Order No. 91-47), Surface Water
Management Regulations requiring the construction of on-site water
quality facilities or the payment of fees in-lieu of construction.
Section 7.10, of the above noted Resolution and Order cites
conditions under which a fee in-lieu may be accepted.
Specifically, Section 7.10(b) states, "The Site is small compared
to the development plan, and the lose of area for the on-site
facility would preclude the effective development." The City
contends that the site is limited by the following factors:
a) This subdivision is an in-fill situation;
b) The minimum lot size in this zone is 10,000 square feet.
The allocation of a portion of one or more lots for a water
quality facility would mean the loss of one buildable lot;
and
c) To install a facility would require a re-configuration of
the subdivision and an inefficient use of the land.
Therefore, a fee in-lieu of the construction of such a
facility is recommended.
B. Compliance With Comprehensive Plan Policies
1. The subdivision is consistent with Policy 2.1.1 because notice of
the application and the public hearing on this item was provided
to the neighborhood planning organization (NPO #5) and to owners
of property within the notification area of the site. An ad has
been placed in Tigard Times which has advertised the time and
place of the public hearing to be held on this application.
2. In order to comply with Policy 4.2.1, a condition is warranted to
require the developer to prepare an erosion control plan ensuring
compliance with erosion control standards for the Tualatin River
Basin as part of the grading permit application. It is
recommended that the developer shall pay a fee-in-lieu of the
construction of an on-site water quality facility.
BEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 10
3. This subdivision proposal complies with Policies 7.1.2, 7.3.1, and
7.4.4 because the applicant will extend public sewer and water
systems to this site and will provide for underground installation
of phone, electricity, and cable television lines.
4. The subdivision proposal complies with Policy 8.1.1 and 8.1.3
because the proposed extension and improvements to SW 74th Avenue
and the creation of a private street within this infill
subdivision will contribute to a safe and efficient street system
in this area. The creation of an extension of SW Fanno Creek
Drive, and the creation of the private drive, will be required to
be improved consistent with the City of Tigard standards for
public local and private streets, respectively.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the proposed subdivision, will promote the
general welfare of the City and will not be significantly detrimental nor
injurious to surrounding properties provided that development which occurs after
this decision complies with applicable local, state and federal laws.
In recognition of the findings staff recommends APPROVAL of Subdivision proposal
SUB 93-0009 for the proposed Cherry Park subdivision subject to the conditions
which follow.
ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE
FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT
FOR ALL RECOMMENDED CONDITIONS IS CHRIS DAVIES IN THE ENGINEERING DEPARTMENT,
639-4171.
1. The applicant shall submit a revised plat which demonstrates that the
7 and 3.5 foot wide portions of land adjacent to the private street have
been incorporated into the private access tract. A joint use and
maintenance agreement shall be provided for the common access tract.
The northern terminus of the private street shall be adjusted to the
east so as to include the portion of lot 3 located between the
hammerhead and Tax Lot 3501 into the main body of lot 3.
2. Additional right-of-way shall be dedicated to the Public along the SW
74th Avenue frontage to increase the right-of-way to 25 feet from the
centerline. The description shall be tied to the existing right-of-way
centerline. For additional information contact City of Tigard
Engineering Department.
3. The applicant shall underground utilities and streetlights, and install
a sidewalk, along the frontage of the site on SW Cherry Drive.
4. Standard two-thirds street improvements, including concrete sidewalk,
driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm
drainage, streetlights, and underground utilities shall be installed
along the SW 74th Avenue frontage. Improvements shall be designed and
constructed to local street standards and shall conform to either the
alignment of existing adjacent improvements or to an alignment approved
by the Engineering Department. NOTE: Two-third street improvements
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 11
0 9
include standard half-street improvements plus a driving lane in the
opposite direction to ensure safe two-way traffic.
S. An agreement shall be executed by the applicant, on forms provided by
the City, which waives the property owner's right to oppose or
remonstrate against a future Local Improvement District formed to
install sidewalks along SW Fir Street and SW 76th Avenue.
6. Two (2) sets of detailed public improvement plans and profile
construction drawings shall be submitted for preliminary review to the
Engineering Department. Seven (7) sets of approved drawings and one (1)
itemized construction cost estimate, all prepared by a Professional
Engineer, shall be submitted for final review and approval. (NOTE:
These plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to public
improvements.)
7. An erosion control plan shall be provided as part of the public
improvement drawings. The plan shall conform to "Erosion Control Plans
- Technical Guidance Handbook, November 1989.
8. The applicant shall pay the fees as established under the guidelines of
Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is
a two part fee which is paid at separate times. The first part is paid
with any associated public improvements for that portion of the
development which increases the impervious area within the public right-
of-way. The second part is paid at the time of Building Permit issuance
and is for each individual lot.
9. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly
impacting properties downstream.
10. Storm drainage details shall be provided as part of the public
improvement plans. Calculations and a topographic map of the storm
drainage basin service area shall be provided as a supplement to the
public improvement plans. Calculations shall be based on full
development of the serviceable area. The location and capacity of
existing, proposed, and future lines shall be addressed.
11. A grading plan shall be submitted showing the existing and proposed
contours and typical finished floor elevations on each lot, including
elevations at 4 different corners of the floor plan tied to the top of
curb elevations as shown on the public improvement plans.
12. The applicant shall make an appointment for a pre-construction meeting
with the City of Tigard Engineering Department after approval of the
public improvement plans but before beginning work on the site. The
applicant, the applicant's engineer and contractor shall be required to
attend this meeting prior to receiving the approved plans and permits.
13. Construction of the proposed public improvements and issuance of
Building Permits shall not commence until the Engineering Department has
reviewed and approved the public improvements plans, a street opening
permit or appropriate construction compliance agreements have been
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 12
0 9
executed, a developer-engineer agreement has been executed and all
permit fees have been paid.
14. Prior to the plat being recorded with Washington County, the applicant
shall provide either a 100 percent performance assurance or letter of
commitment. As an alternative, the applicant may record the plat after
the public improvements have been accepted by the City of Tigard and the
applicant has posted the appropriate Maintenance Bond.
15. A tree removal permit shall be submitted which specifies those trees
which are to be removed in connection with the construction of 'public
improvements. This tree removal permit shall be applied for and
approved by the Planning Division prior to the removal of any such trees
on-site. STAFF CONTACT: Victor Adonri, Planning Division.
THE APPLICANT SHOULD BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITIONS PRIOR
TO THE ISSUANCE OF BUILDING PERMITS:
16. A tree removal permit shall be submitted which specifies those trees
which are to be removed in connection with the construction of
residences. A tree removal permit shall be applied for and approved by
the Planning Division prior to the removal of any such trees on-site.
STAFF CONTACT: Victor Adonri, Planning Division.
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN
EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION.
Prepared By: Ron Pomeroy
Assistant Planne
, Ij
k-
Appr ed By: Dick Be~~dorf
Seniof Planner
3 -
Date
Date
HEARINGS OFFICER - GRASCO\PETRIE SUB 93-0009 PAGE 13
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293 S.E. WASHINGTON STREET. HILLSBORO. OREGON 97123 PHONE: MM 6484061 FAX: (503) 681-7646
DATE: March 5, 1993
NAME OF PROJECT: Cherry Park
REQUEST: Preliminary Plat for 11 Lot Single-Family Residential Subdivision
APPLICANT: Craig Petrie
18252 S.W. Bryant Road
Lake Oswego, Oregon 97035
(503) 246-7977
PROPERTY OWNERS:
Tax Lot 3300, 3600, and 3601
Raymond and Phyllis Ems
Tax Lot 3400
Grasco Investments
LEGAL DESCRIPTION:
SIZE:
LOCATION:
ZONING:
INTRODUCTION
Tax Lots 3300, 3400,36W and 3601, Map 2S1-1 DC
City of Tigard, Washington County, Oregon
3.2 Acres
t6
Northwest comer of S.W. Cherry Street and S.W. 74th Avenue.
R-3.5
This application is a request to subdivide 3.5 acres to 11 single-family residential lots. All the lots
are 10,000 square feet or larger and will be served by a private street with a hammerhead in order
to provide fire department and other emergency vehicle turnaround. All the lots meet the minimum
requirements of the City for lot size, area and setbacks. No variance are requested with this
application. The private street will access off of Cherry Street and consist of a paved surface 24 feet
in width between curbs and a sidewalk on the east side of the street next to the curb. Three of the
lots access from the west side of 74th Avenue. This portion of street will be fully improved with half
street improvements on the west side and an additional 7 feet of pavement on the other side for a
total of 24 feet of paved surface. All utilities will be extended along 74th Avenue.
All utilities and public services are available to service the subject property. Preliminary stree
grades. utility profiles, and grading plans are provided to demonstrate that the site can be developer+
without impacts on surrounding properties and with negligible impact on the existing site. Trees t
be removed and retained are also shown.
The subject property is zoned R-3.5 which requires a minimum lot size of 10,000 square feet. ant
65 feet lot width. The front and street side yard setbacks are 20 feet, interior side yard setbacks are
5 feet and rear yard setbacks are 15 feet. Maximum height is 30 feet.
SECTION 18.160.010 - PURPOSE OF THE LAND DIVISION ORDINANCE
In compliance with the Land Division Ordinance. this application meets its intent and purpose bl
promoting development at 3,5 units per acre in accordance with the Comprehensive Plan. The
project is Infili of an area overlooked when the original Rolling Hills No. 2 plat was recorded or
adjacent property to the south and west This development was built without benefit of public
sewers. Sanitary sewers will be extended approximately 300 feet west of 74th Avenue when Chen)
Park is developed to allow for further extension of the sanitary sewer to service existing properties
In the area. This project fits in with existing development in pattern area and provides and efficien
use of scarce urban land with maximum development and minimum lot sizes in compliance with thr
R-3.5 Zone. Ali public health and safety factors have been considered in the preparation of thi
subdivision.
S.W. Cherry Drive has direct access to 72nd Avenue and Fir Street to the North. Therefore, adegw
transportation services are'available in the area. Because of the low density of this developmt
adequate right and air are available to this project and overcrowding is not proposed. Hower
maximum utilization of the site with minimum 10,000 square foot lots encourages enr
conservation. All these factors demonstrate compliance with the intent and purpose of the L
Division Ordinance and Section 18160,010.
SECTION 18160.060 - PRELIMINARY PLAT APPROVAL STANDARDS
The following are the approval criteria for preliminary plats: -
1. The proposed preliminary plat complies with the City's Comprehensive Plan, the ap
zoning ordinance and other applicable ordinances and regulations.
2. The proposed plat is name is not duplicated and otherwise satisfies the provision
Chapter 92.
3. The streets and roads are laid out so as to conform to the plats of subdivisions
of major partitions already approved for adjoining property as to general directio,
other respects unless the City determines it is in the public interest to modify V
} road pattern.
4. An explanation has been provided for all common improvements.
COMMENT.-
0
This application complies with the Tigard Zoning Ordinance and, therefore, complies with the City's
Comprehensive Plan. The subdivision name is not duplicative of other subdivisions in Washington
County. The streets are laid out to be compatible with existing development in the area. The private
street will be fully improved with curbs and sidewalk on one side and a private storm drainage
system. The private road and storm sewer facilities will be maintained in common by property
owners of Lots 3 through 8 in common. The owner of Lots 1 and 2 will access directly off 76th
Avenue and Fir Street The existing house on Lot 1 will remain.
SECTION 18150.030 - CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMITS
Approximately 55 trees 6 inches in diameter and larger exist on the subject property. Twenty-four
(24) of these trees are proposed to be removed for streets, utilities and houses. A few additional
trees may be removed based upon individual house plans when the lots are developed. The trees
proposed to be removed are the minimum necessary to allow for full development of the subject
property with single-family residential houses. The trees proposed to be removed are not necessary
to protect nearby trees as a windbreak or to provide a desirable balance between shade and open
space. The aesthetic character of the area will not be visually adversely affected by the tree removal
because of the sparse number of trees already existing on the property.
Additional trees will be planted on the lots to make up for the trees removed as individual houses
are constructed. Often the homeowners plant 5 to 6 trees on each lot These additional trees will
provide aesthetic value and easily make up for the trees removed. Existing trees do not need to be
retained due to topography of the land, and tree removal will not effect erosion, soil retention.
stability of earth and flow of surface waters. A complete analysis of all the trees will occur prior to
development of the site to insure that all damaged or diseased trees are removed.
SECTION 18.88 - SOLAR STANDARDS
Only three of the lots have a solar orientation. Two lots qualify for the 20 percent standard
exemption and six lots qualify for road alignment adjustment' .Because of the existing street pattern
of 74th Avenue and the need to provide a north/south private street to service the interior of the
subdivision, it is necessary to orient the lots in an eastlwest direction rather than north/south with
solar orientation. Any other modification to this plan would cause a reduction in density and increase
the cost of road construction by at least five percent 74th Avenue must be extended in a northerly
direction. The private street cannot be altered without losing lots or creating substantially more
street The road could be stubbed out along the south side of Lot 9, which would eliminate Lot 9
in exchange for making Lot 7 a solar lot The depth of Lot i 1 could be increased to 90 feet for solar
orientation but either Lot 8 or 10 would be eliminated. In any event, no modifications to this plan
can occur to create additional solar lots without reducing density and increasing construction costs
by over five percent
LDC1498.1105
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THE PETRIE CO.
9600 S. W. CAPITOL HWY. NO, REVISIONS OA J08 NO. GATE PROJECT: L'AWG. TITLE: DESIGNED;
PORTLAND OREGON 97219
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PROF/LES PROPOSED STREETS , STORM DRAIN AND SAN/ N1 SANITARY SEWER
MAR 5 1993
PREPARED FOR:
THE PETR/E CO.
,9600 S.W. CAPITOL HWY. NO. REVISIONS DATE DATE PROJECT: DRWG. TITLE: DESIGNED: I A(D JOB NO. 1498 t`
PORTLAND, OREGON 97219
(503) 2446-7977 CHERRY PARK PRE'L /MINARY DRAWN.,~O~MEI''-_
SUSDIV1S10N PLAT CHECKED; ° s r 'NC. DRAWING NO.
(503) 648-4061 PLANNING
T 2O9N.E.LINCOLN ST CIVIL ENGINEERING DATE: HILLSBORO, OR 97124 SURVEYING
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1. 26 WALNUT' 19. 10' FRU1T 31. 12 ASPEN , , I ! I I ~
2. 8' FRUIT 20. 8' FRUIT 38. 14" COTTONW00 ~ ~ ' s. w ~ ~ I I I ~ I D., _ ~ I ChIE'RR Y ,A ~ 1 ~ i
~ 4 3. 8" FRUIT 21. 8" FRUIT 39. 16' COTTONWOOD ~ 1 I ~
\ ~ ~ , 4. 2-6' FRUIT 22. 6' FRUIT 40. ?-14' ASPEN \ ~ ,L -
i ~ I " ~ _ - ~i S. 8 IRUIT 23. l2 FRUIT 41. 2-6 WILLON \ ~ - - ~ i t
_ ~ ~ 6. 6' FRUIT 24. 12" PINE 42. 10' ASPEN ~ - - ' ~ ~ \ ~ ~ I
_ . 1. 8' FRUIT 23. 14' PINE 43. 4-8' ASPEN ~ - ~ ~ - - - ~ _ /
- 8. 26' CEDAR 2d. 8' RIDER 44. 3-10' ASPEN - - _ - - - - ~ ~
9. 12' DECIDUOUS 21. 2-20' OAK 45. 3-10" ASPEN ~ \
i ~ ~ 10. 8 FRUIT 28. 26 OA'S 46. 3-10' ASPEN `T f _ ~ ~ r i
11. 12" SPRUCE 29. 28' OAK 41. 8 C07TOMVOOD ~ ' ~ - - - - _ \ ~
12. 10' CEDAR 30. 2ti' COTTONWOOD 48. 8' COTTONIY D ~ ~ ~ ~ ~ - - - -
13. 10' FRUIT 3l. 14' COTTONWOOD 49. 6" COTTONW00~ ~ - - _ \
\ - 14. 6" FRUIT 32. 14" OAK 50. 8" COTTONW D - I
\ ~ I - ~ \ - - - \ f' ~ ~ _ ~ 13. l0' PINE 33. 16" ASPEN S1. 6-6" COTTONIYOQD ~ -
u' 1, Y.V 11 VlYri{QVU ~ c \ \ \ \ \ ~ oU/~-`~
17. 6 FRUIT 35. 10 COTTONWOOD 53. 8 COTTONNV \ _ I` I Iw 1 I I I I SCa/e N ✓ert N 5' p17I1~MTEO
18. 10' FRUIT 36. 3-8' ALDER 54. 10 ASPEN
i4o0 \ ss. i. b1APL.E - r _ / /ADO ^1 ~ LIAR 5 1993
PREPARED FOR: V-15 lgo,
9 P. Sani d y Server -
THC PC rRhE Co. NU, PNDJECT: DRWG, TITLE: DESIGNED: f'AN JOB
NO. REVISIONS DA1 9600 S.W. CAPITOL MW Y. DATE :[~~M~NT 1498 n>
R0RTLANU, OREGON 97'2/9
(e03) 246-797
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APPROVALS. I I I i