Resolution No. 91-03 ( .H_ -
I
CITY OF TIGARD, OREGON
F. R79OLUTION NO. 91-0-
A RESOLUTION CONCERNING THE CONVEYANCE OF PORTION OF A GREENWAY PARCEL (WCTM 2S1
15AX LOTI901) TO=T14E OF TIGARD WASHINGTON COUNTY-
WHEREAS,
(WCTM 2S1 15AA TAX LOTS
800 AND
WHEREAS, a Lot Line Adjustment request (File No. MIS 91-02) has been received and
filed with the City of Tigard for the transfer of a portior, of a dedicated
greenway tract to the property owner to the north for the purpose of complying
with the City's buildina setback standards; and
WHEREAS, the greenway tract was originally dedicated by the property owner to the
north and the greenway boundary inadvertently was established too close to an
apartment building, resulting in a setback violation; and
WHEREAS, the lot line adjustment constitues a minor modification of an approved
Site Development Review application (File No. SDR 88-26) which is a ministerial
action that can be made without public notice; and
WHEREAS, the portion of the grienway to be returned is not necessary to fulfill
requirements of the Tigard. Comprehensive Plan, Park Plan, or Community
Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council finds it necessary and desirable to transfer a
portion of the greenway to the abutting ownar to the north.
- (:; The City Council finds that the property transfer is .appropriate and
consistent with the Oregon Revised Statutes, the Tigard Comprehensive
Plan, and the Tigard Parks Plan.
(3) Tl,o Tigard City Councii approves the transfer of a portion of the greenway
pa,-cel to West Bell, Inc., resulting in a smaller greenway tract as
desz,,i%ad in Exhibit "A" for the purpose of satisfying City building
setback requirements.
(4) The City staff is hereby authorizedand directed to complete this property
transfer and to have the appropriate documents recorded with Washington
County.
PASSED: This f a - day
Mayor -Cit of Tigard
ATTEST:
r—a-lw
City Recorder - City of —guAw
14IS91-02.RESlkl
RESOLUTION NO. 91-6>3 PAGE 1
CLky-0005
11/15/90
X.R.W.
ae
LEGAL DESCRIPTION
GREENWAX
A portion of Lot 27, WILLOW BROOK FARM, located in the northeast
one-quarter of Section 15 in Township 2 South, Range 1 West of
the Willamette Meridian, in the City of Tigard, Washington
County, Oregon, described as follows:
Beginning at a point on the south line of Lot 27, WILLOW BROOK
FARM, a subdivision recorded in Plat Book 2 at page 26,
Washington County records, said point being North 89°48114" East
45.08 feet from the southwest corner of said Lot 27; thence
leaving said south line North 37°01155" East 29.61 feet; thence
North 57'16900" East 118.47 feet; thence North 77°46125" East
85.97 feet; thence North 35126'15" East 40.16 feet; thence North
47109137" East 49.51 feet; thence South 19°10'35" West 57.55
feet; thence South 46'171541' West 63.81 feet; thence South
12'04135" West 35.90 feet; thence South 55053106" West 68.27
feet to said south line of Lot 27; thence along said south line
South 89,4811411 West 132.03 feet to the point of beginning-
Containing 13,655 square feet or 0.313 acres, more or less.
This description is based on the Record of Survey recorded as
Number 23,302 in the Office of the Washington County Surveyor.
Kristen R. Westersund, P.L.S. 2164
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CITY OF TIGARD
NOTICE OF DECISION
-. LOT LINE ADJUSTMENT MIS 91-0002
WEST SELL/CITY OF TIGARD
APPLICATION: West Bell, Inc. and the City of Tigard request Lot Line
Adjustment approval to adjust the common lot line between two parcels of 2.57 and
0.326 acres into two parcels of 2.583 and 0.313 acres. The adjustment is
proposed in order to transfer a small area of dedicated greens y (tax lot 901)
back to the original owner (tax lots 800 and 900) so that side yard building
setback requirements can be met. A map of the proposed adjustment is attached.
Zoning Designation: R-25 (Residential, 25 units/acre)
Location: 10954 - 10986 SW Durham Road (WCTM 2S1 15AA, tax lots 800, 900, and
901).
DECISION: Notice is hereby given that the City of Tigard Comm.unit:y Development
Director's designee has APPROVED the above request subject to the following
condition:
THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE APPLICANT RECORDING THE
LOT LINE ADJUSTMM-4T SURVEY WITH WASHINGTON COUNTY.
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: Bill Baers ki, Engineering
Department (639-4171) .
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION
DATE NOTED UNDER THE PROCESS AND APPEAL SECTION BELOW.
FINDINGS AND CONCLUSIONS: The findings and conclusions on which the decision is
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 existing Parcel reduced in seize by the
adjustments isnot reduced below the minimiunlot size
established by the zoning district;
2. By reducing the lot size, the lot or structuress) on the lot
will not be in violation of the site development ar zoning
district regulations for that.district; and
3. The resulting parcels are in conformity with the dimensional
standards of the zoning district.
The proposed lot line adjustment is consistent with these standards.
No new lot would be created through the adjustment. The minimum lot
size of 1,480 square feet per multi-family unit is satisfied. All
buildings on tie northern parcel (tax lots 800 and 900), will now
meet or exceea the minimum required setbacks of the R-25 zone. All
site development improvements applicable to the developed property
will be consistent with Code requirements..
In addition to meetingthe above standards, a lot line adjustment
must also meet the following criteria applicable to lots created
through the minor land partition process (Code Section 18.162.050):
NOTICE OF DECISION. - MIS 91-0002 - WEST BELL/TIGARD PAGE 1
irAzyg -
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A. sha111meet Theminimum
�requithe
requirement of thebuilding
appli ableenvelope
zoning
district.
B, LoC Area: The lot area shall be as required by the applicable
zoning district. In the case of a flag lot, the accessway may
not ba included in the lot area calculation.
C. Lot Frontage Each lot created through the partition process
shall front a public right-of-way by at least 15 feet or have
a legally recorded minimum 15 fo:.+t 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 develapsr 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 strucr.-'res.
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 areae for proposed
development.
C. Fire Protection: The fire district may require the
installation of a fire hydrant where the length of an
accessway would have ,3 detrimental effect on fire fighting
f capabilities.
H. Reciprocal Easements: Wherea
reciprocal move is easemeo be provided
a
to serve more than one lot,
ensure access and maintenance
rights shall be recorded with the approved partition map.
I, Accessway: Any accessway shall comply with dthCi standards set
forth in Chapter 18.108, Access, Egress,
J. Where landfill and/or development is allowed within or
adjacent to the one-hundred-year floodplain, the City shall
require the dedication of sufficientopen', land area for
greenway adjoining and within the floodplain. This area shall
include portions ata suitable elevation for the construction
of a pedestrian/bicycle pathway with the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
Criteria A. C, and F, through J are not applicable in this case. Criteria
B, which pertains to lotarea, is satisfied because theproperty
containing the apartment complex will become slightly larger.
The adjustment will bring all buildings on the northern property into
conformity with the setback standards of the R-25 zone. Presently, one
building violates these standards by having a side yard setback of 8.4
feet where 10 feet is required. When the dedication of the greenway area
(tax lot 901) was made to the City, West Bell inadvertently released too
much property resulting in the building setback violation. Since a
precise area to be dedicated is not daicribed in the Comprehensive Plan,
the Community Development Code, or the Tigard Park Plan and this lot line
NOTICE OF DECISION 7 MIS 91-0002 - WEST BELL/TIGARD PAGE 2
adjustment will not adversely affect ti-e open space value of the greerway
area, this proposal is aprrc-ved.
The Engineering Department will compleice a detailed review of the
m submitted lot line adjuscmeiit survey map and legal desoriptions Prior to
the end of the appeal period. The applicant shall submit the requested
easement information to Bill Baerski of the Engineering Department.
Service providing utilities will have the opportunity to review the
proposal and decision within the appeal period noted below and may request
reconsideration of the decision if it may adversely affect the utility's
or fire district's abilities to provide service to the subject properties ,
or neighboring properties.
PROCEDURE AND APPEAL INFORMATION
_ 1. Notice: Notice was published in the newspaper, posted at City Hall and
mailed to: _
X The applicant and owners -
XOwners of record within the required distance
-R—The affected Neighborhood Planning Organization
X Affected government agencies
a. Tualatin Valley Fire and Rescue
b. GTE
C. PGE
d. Tigard Water District
e. Columbia Cable Television
2_ Final Decision: THE DECISION SHALL BE FINAL ON 2/15/91 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. The
appeal fee schedule and forms 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.2/15/91
4. Ouestions: If you have questions, please call the City of Tigard
Planning Department, City of Tigard City Hgti, 13125 SW Hall Blvd.,
T' dOont
PR PARED BY: Keith S. Liden DA E
Senior Planner
MIS91-02/kl
NOTICE OF DECISIONS- MIS 91-0002 - WEST SELL/TIGARD PAGE 3
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