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Resolution No. 85-57 CITY OF TIGARD, OREGON RESOLUTION NO. BS- A RESOLUTION OF 1HE TIGARD CITY COUNCIL UPHOLDING THE PLANNING COMMISSION DENIAL OF AN APPLICATION BY BALDWIN/ULLRICH AND ADOPTING FINDINGS AND CONCLUSIONS (MLP 5-85, V 9-85, M 1-85) WHEREAS, the Planning Director approved, on April 26, 1985, a request by Bill and Jean Baldwin and Richard and Sharon Ullrich to adjust and then divide three parcels of 0.29, 0.78 and 1.02 acres into five parcels of 40,300, 20,800, 8,700, 7,800, and 8,600 square feet as well as a variance to allow a 20 foot wide driveway width where 24 feet is required; and WHEREAS, the decision was appealed to the Planning Commission and at at hearing on June 4, 1985 the Commission reversed the Director's decision; and WHEREAS, the applicant applied for only the lot line adjustment (M 4-85) and received Planning Director approval on July 5, 1985; and WHEREAS, the City Council reviewed the case at a public hearing on July 15, 1985. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Council adopts the Following CONCLUSIONS OF LAW: 1. Based upon the facts, findings, and conclusions contained in Final Order 85-11PC (attached as Exhibit "A") issued by the Planning Commission, the Council has determined the proposed Partition (MLP 5/85) and Variance (V 9-85) are not consistent with City policy and the Commission decision is upheld. 2. The Planning Director's subsequent approval of lot line adjustment (M 4-85) does not conflict with Council's decision. Section 2: The Council, therefore, ORDERS that the above referenced request be, and the same is hereby DENIED. The Council FURTHER ORDERS that the Planning Director and the City Recorder send a copy of this Resolution as a Notice of Final Decision to the parties in this case. PASSED: This 2 wd day of 1985. Mayor - City of Tigard ATTEST: uty City Recorder - City of Tigard lw/1629P RESOLUTION NO, 85- i 0A of fxa;6;i CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 85- // PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH DENIES AN APPLICATION FOR A MINOR LAND PARTITION MLP 5-85, LOT LINE ADJUSTMENT M 1-85, AND VARIANCE V 9-85 REQUESTED BY BILL AND JEAN BALDWIN AND RICHARD AND SHARON ULLRICH. A. FINDING OF FACT 1. General Information APPLICATION; Request by Bill and Jean Baldwin and Richard and Sharon Ullrich to adjust and then divide three parcels of 0.29, 0.70, and 1.02 acres.into five parcels of 40,300, 20,800, 8,700, 7,800, and 8,600 square feet. A variance is also requested to allow a 20 foot wide driveway width where 24 feet is required. The property is zoned R-4.5 (Residential 4.5 units/acre) and is located at 13500 and 13530 SW 121st Ave. (Wash. Co, raiz Map 2S1 3 CO. Tax Lots 4400, 4401, and 4500). The findings and conclusions on which the Planning Commission based their decision are as noted below. 2. Background The subject properties were annexed to the City in 1979. No other land use actions have been reviewed by the City. The Planning Director approved the above application on April 26, 1985 and this decision was appealed by NPO #3 on May 6, 1985. 3. Vicinity Information The properties to the east_ on Terrace Trails Drive, one parcel on the west side of 121st Avenue and one property imnediate to the south are within the City and are zoned R-4.5 (Residential. 4.5 acres/acre). The remaining parcels are within Washington County. The entire area is designated for Low Density Residential development in the Tigard Comprehensive Plan. Single family residences lie to the north (Woodcrest Subdivision) and east.(Terrace Trails). A long, narrow parcel wit'% at mziCance borders the subject properties to the south. his southern property was originally to be considered as part of this proposal, but it has been deleted at the request of the applicant. 4. Site Information and Proposal Description The subject property contains three parcels and two residences I with driveway access onto 121st Avenue. The properties are long and narrow and they extend from 121st Avenue to Terrace Trails Drive, The Property slopes gradually from 121st Avenue down to Terra4:d Til.,Drive. FINAL ORDER Nt3a _&_PC - PAGE 1 The applicant proposes to adjust the configuration of the parcels followed by a partition of the parcels. The end result will be 5 parcels of 40,300, 20,800, 8.700, 7,800 and 8,600 square feet. The three smaller parcels aro undeveloped and at private drive is intended to provide access to Terrace Trails Drive. A variance is a to requested relating to the length and pavement width requirement in the City Code for private drives. The Code requires a 30 foot wide access strip or easement with at 24 foot wide, paved driveway with a maximum length of 100 feet. The applicant is proposing to install a 20 foot wide drive within a 30 foot wide easement along the northern property line. That will be approximately 230 feet long. 5. Agency and NPO Comments The Engineering Division has the following comments: a. An easement will be required for the sanitary sewer line. b. A street opening permit will be required to gain access to Terrace Trails Drive. C. Parking should be restricted for 25 feet on either side of the driveway and a stop sign should be provided. d. A new mailbox cluster will be required. The Building Inspection Office has no objection to the request:. The Tualatin Rural Fire Protection District has the following comments: a. The vertical clearance for the drive shall be a minimum of 13.5 feet. b. The driveway shall be at least 20 feet wide and capable of supporting loads up to 40,000 pounds. C. "No Parking" signs are needed aloha the driveway. d. All portions of the residences shall be within 500 feet of a fire hydrant. NPO af3 is opposed to the proposal for the following reasons: m. Traffic of five additional houses on Terrace Trails Drive. h. The 20 foot wide private drive will inhibit police and fire district access. C. The small area on Terrace Trails Drive that is north of the driveway may be a maintenance problem. FINAL ORDER NO.�__-�,�PC — PAGE 2 Several letters have also been received in opposition to the proposal. The concerns related to the additional traffic, emergency access, and drainage. e. ANALYSIS AND CONCLUSION The review of this proposal is subject to the applicable policies in the Tigard Comprehensive Plan and the relevant sections in the Community Development Code. The criteria relevant to the lot line adjustment/partition are Plan Policies 2.1.1, 6.3.1, 6.3.2, 6.3.3, 7.1.2, 7.4.4, and 8.1.3 and Community Development Code Chapter 18.50 and Sections 18.96.080, 18.96.090, 18.108.070(m), 18.162,030, 18.162.050(e), 18.162.060, 18.164.030(a), and 18.164.060(e). The Planning Commission concludes that the proposal is consistent with the applicable portions of the. Comprehensive Plan based upon the following findings: a. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization was given an opportunity to comment and surrounding property owners will be informed of the proposal. b. Policy 6.3.1, 6.3.2 and 6.3.3 are satisfied because the proposed lot line adjustment/partition is virtually the same as the development in the area. Nearby lots are 7,500 to over 10,000 square feet in size and the lots proposed are all in excess of 7,800 square feet. Also, detached single family residences are proposed for the undeveloped lots. C. Policy 7.1.2 is met because the Engineering Division has reviewed the application and has found that adequate water, sanitary sewer, and storm sewer facilities are available. d. Policy 7.4.4 is met because the development will be required to connect with the public sewer system/ e. Policy 8.1.3 is satisfied because the driveway access can be established in a manner that is consistent with City requirements for sight distance, public improvements, and safe access onto Terrace Trails Drive. j The Planning Commission concludes that the proposal is not totally consistent with the applicable portions of the Community Development Code based upon the following findings: a. Chapter 18.50 is satisfied because the proposal meets the minimum lot size (7,500 square feet) and dimensional requirements of the R-4.5 zone. 1 b. . Section 19.96.680 is satisfied because the proposed lots are of sufficient size without including the land devoted to the common driveway. Q. FINAL ORDER MO.&-ryj PC - PAGE 3 f'f c. Section 18.96.090 is satisfied because adequate lot width is proposed to meet the 10 foot side yard requirement for houses on "flag lots". d. Section 18.108.070(x) and 18.162.050(e) are not satisfied because the parcels did not have 15 feat of frontage on the public street. e. Section 18.164.030(c)(1) is not met because the private drive will exceed 100 feet in length. f. Section 18.164.060(e)(1) is not met because the proposal will not allow for the efficient re--division of the subject property and adjacent lots to the south. C. DECISION _ Based upon the above findings and conclusions, the Planning Commission denies M 1-85, MLP 5-85, and V 9-85. It is further ordered that the applic-nt be notified of the entry of this order. s PASSED: This / day of 1985. by the Planning Commission of the City of Tigard. A. Donald Moen, President Tigard Planning Commission (9SL:pm/1481P) FINAL ORDER NO.95'//-PC — PAGE 4