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Resolution No. 91-26 r � - CITY OF TIGARD, OREGON RESOLUTION NO. 91-OL" A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR SUBDIVISION AND VARIANCE APPROVAL (SUB 90-0007, VAR 90-0011) REQUESTED BY WAVERLY CONSTRUCTION (AASE OTTO-PROPERTY OWNER) . THE SUBJECT PROPERTY Is LOCATED AT 14200 SW 97TH AVENUE (WCTM 2S1 BA, tax lots 100, 106, and 107) . WHEREAS, the applicant requested subdivision and variance approval for a 2.4 acre site located at 14200 SW 97th Avenue; WHEREAS, the Tigard Community Development Division recommended j denial of the proposal through its staff report to the Planning Commission; WHEREAS, the Tigard Planning Commission reviewed the above application and received public testimony at its regular meeting of January 8, 1991, and the Commission approved the proposed subdivision preliminary plat for a ten lot subdivision as well as a variance to allow two lots to have less than the minimum required street frontage of 25 feet and a variance to allow a street intersection of 65 feet on a collector street whereas a minimum offset of 300 feet is required; and WHEREAS, Neighborhood Planning Organization 6 appealed the Planning Commission's approval of the above dascrbed requests; and WHEREAS, the Tigard City Council heard the above applications on appeal at the Council's regular meetings of March 26, 1991 and April 23, 1991. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section l: The proposal is not consistent with all of the relevant criteria as noted and described in the attached findings (Exhibit "All). Section 2: The City Council overturns the Planning Commission's approval of the Subdivision and Variance requests. Section 3: The Council, therefore, ORDERS that the above- referenced request be DENIED. The council FURTHER ORDERS that the Community Development Director and the City Recorder send a copy of the Final Order as a Notice of Final Decision to the parties in this case. RESOLUTION NO. 9-G Co Page 1 PASSED: This day of , 199 yor - Cjty of Tigard AT/TEST. City Recorder - City o£ Tig .d br/JO:Res-BP.jo I q! RESOLUTION NO. 9-6- aLO Page 2 i EXHIBIT A AGENDA ITEM STAFF REPORT TO THE PLANNING COMMISSION TUESDAY, JANUARY 8, 1991 - 7:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW BALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Subdivision SUB 90-0007, Variance VAR 90-0011, Miscellaneous MIS 90-0020 REQUEST: 1) Preliminary plat review of a proposal to subdivide three parcels totaling 2.4 acres into 10 lots ranging in size from 7500 to 10,400 square feet. 2) A Variance is requested to allow two of the proposed lots to have less than the required 25 feet public street frontage for lots created through the subdivision process (Cornmurity Development Code Section 18.164.060.B). 3) A Variance is also requested to allow a local street intersection offset of approximately 65 feet along a collector street whereas Community Development Code Section 18.164.030.E states that in no case shall the staggering of street intersections along collector streets create offsets of less than 300 feet. 4) Lot Line Adjustment approval is necessary to allow a 15 by 145 foot strip in the northeastern corner of the subject property to possibly be added to one of the adjacent parcels. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT: Waverly Construction. 31835 SW Country View Drive Wilsonville, OR 97070 AGENT: Burton Engineering 302 Tigard Plaza Tigard, OR 97223 OWNER: Aase B. Otto 14200 SW 97th Avenue Tigard, Oregon 97224 LOCATION: 97224 SW 97th Avenue. East side of SW 97th Avenue, approximately 400 feet south of SW McDonald Street (WCTM2S1 11BA, Tax Lots, 100, 106, 107). 2. Background Information On November 6, 1980, the Tigard Planning Commission reviewed a subdivision proposal to divide the parcels into ten lots. The proposed subdivision lots would have received access.from a new east/west street on the northern. i.. STAFF REPORT - SUB 90-0007 WAVERLY CONSTRUCTION Page 1 a� edge of the parcel, a new segment of SW Mountainview Lane along the t' p, e--rty'n southern edge, and one parcel having direct access to SW 97th Avenue. The proposal was approved by the Commission, but the plat was never recorded with Washington County. That approval has expired. On July 10, 1990, the Planning Commission reviewed a proposal to divide the subject parcels into nine lots; six lots receiving access from a proposed three lots from a north/south public road northjaouth private road and along the eastern edge of the property. A new section of SW Mountainview Lane was proposed to connect these two roads to SW 97th Avenue_ No variances were involved in this application. The Commission continued the hearing on this proposal in order to allow the applicant and staff to reconsider the subdivision's design after hearing testimony on the proposal from the applicant, owner, and neighbors_ The current proposal by the applicant is in response to the continuance. No other land use or development applications regarding these parcels have been reviewed by the City. 3. VicInI-Y Information The subject parcels are surrounded by other properties designated Low Density Residential by the Comprehensive Plan. Properties to the north, east, south and northwest are zoned R-4.5 and are developed with a combination of recent single family residential development to the northwest and older, large-lot single family residences to the north, south, and east. SW He untainview Lane dead ends approximately 145 feet east of the southeastern corner of the subject properties. 4- Site Information and Proposal Description The subject site consists of three tax lots comprising approximately 2.4 acres. A single Family residence Is located on Tax Lot 100, approximately 140 feet. from SW 97thAvenue. Two outbuildings are also located on the subject parcels. The parcels contain a combination of open grass covered areae along with landscaping trees and several large fir trees The properties slope to the northeast. l The applicant proposes to.subdivide the site into ten lots as ilustrated be on the attached preliminary plat. The existing house is Intended ro sed lots,tlots retained. A Variance is requested to allow two of the proposed 2 and 5, to have less than the required 25 feet of public street frontage for lots created through the subdivision review process (Community Development Code Section 18.164_060.3). In addition, Lot Line Adjustment approval is necessary to allow. a 15 by 145 foot strip in the far northeastern corner of the subject property to possibly be added to oneo£ the adjacent parcels. Staff has added thisapproval request to this application althoughthe applicant's preliminary plat and application do not address the need for the adjustment or show this strip of land as part of the subject property. A Variance is also requested to allow a local street intersection offset of approximately 65 feet along a collector street whereas Community Development Code Section 18.164.030.E states that in no case shall the staggering of street intersections along collector streets create of£aets of less than 300 feet. The proposed location of SW Rhonda Street along the ndary is offset approximately 65 feet south of the properties northern bou location of SW Elrose Street on the Opposite side of SW 97th Avenue_ The subdivision would be provided with public: street access by two public streets to be developed on the southern and northern boundaries of the site. The applicant proposes dedicating 35 feet of right-of-way on the .. STAFF REPORT - SUB 90-0007 - WAVERLY CONSTRUCTION Page 2 61 south side of the property for an approximately 350 foot segment of SW Mountainview Lane. An approximately 145 foot long gap would exist between this section of SW Mountainview Lane and theexistinq section of the street to the east. The applicant proposes constructing two-thirds street improvements on Mountainview Lane consisting of a 26-foot wide road surface with a standard 6-inch concrete curb and a 5 foot sidewalk on the northern side of this street. The preliminary plat indicates a 25-foot wide right- of-way dedication is intended for SW Rhonda Court on the property's north side. The submittal shows a typical local street section for SW Rhonda Court with two-thirds street improvements although it is not clear how this would be constructed on the subject property without additional right-of- way dedication. The typical street sections submitted with the preliminary plat, as well as the plat itself, indicate that an additional 16 feet of right-of-way dedication and 8 additional feet of pavement section is anticipated to be provided through development of the adjacent parcels at some point in the future. Sanitary sewer service is proposed to be provided by extensions of the existing sanitary sewer located along the east side of the project. This existing sanitary sewer line was previously constructed through a local improvement district. The property owner has been assessed for the future development potential of the property for approximately nine years. Storm drainage is proposed to be collected by a network of storm sewers flowing to the east and north following the existing sanitary sewer easements. The storm sewers would outfall into a drainageway approximately 150 feet northeast of the site. In addition, parcels abutting SW 97th Avenue would be served by existing storm sewers in the street. A Subdivision preliminary plat review request for the three parcels immediately to the north has been made to divide the properties into 7 lots (SUB 90-0013). That request also includes a Variance request to allow an offset local street intersection with a collector street. " 5. Agency and NPO comments The Engineering Division has reviewed the proposal and offers the following comments: a. The site accesses to S.W. 97th Avenue, a major collector street. The applicant is proposing two access points: 1) an extension of S.W. Mountainview Lane, and 2) a new proposed road, S.W. Rhonda Court. The second access point, S.W. Rhonda Court, does not satisfy Community Development Code Section 18.164.030.G.1 which requires that streets making ^T^ intersections with collectors have a minimum of 300 feet of separation. The Engineering Division has also been requested by the Planning Department to make comments on another proposed subdivision, SUB 90-0013, which is located adjacent to and to the north ofthis proposed subdivision. The common point of interest between the proposed subdivisions would be the proposed access road, S.W. Rhonda Court, which would provide access to both subdivisions from S.W. 97th Avenue. Both subdivision applications require consideration of a variance to the intersection spacing standard. The applicant for SUB 90-0013 has submitted a narrative addressing the approval criteria for a variance to Community Development code Section 18.164.030.6.1. . The City Council directed the Engineering Department to review options for future development of the area bounded by McDonald .Street, 93rd Avenue, Inez Street, and 97th Avenue. Several conceptual plans (see attachments) —ere prepared by the staff. All STAFF REPORT - SUB 90-0007 - WAVERLY CONSTRUCTION Page 3 30 �� of the options meet the requirement of 300 feet of separation for "T" intersections, and appear tnd . provide adequatehbood- Our ioint ic circulation (pla(planning _ adequate emergency access to the re'g• tions indicates that and Engineering) review of these conceptual op buildable lots can be developed, in compliance with the Community Development Code. If this subdivision is developed prior to redevelopment of the surrounding area, it will 3A be necessary sof right hof-waypasndhalve f developer to provide a minimum of improvements to include a minimum of 24 feet of street surface for SW Rhonda Court. Based on any of the. street alignments options that the staff has reviewed, there would be no additional burden on this developer, and he may be able to recoup a portion of his investment under the new Tigard Municipal Code, chapter 13.08. If this subdivision is developed along with SUB 90-0013 and using any oneof the options proposed by staff there would be no additional burden on either of the applicants. In fact, there may be a savings to the applicants if they pursue the options as provided in Chapter 13.08 of the Tigard Municipal code. Therefore, we conclude that a workable street system, with the extension of S.W. Mountainview bane as proposed by the applicant, can be developed for the area that would not require any variances- b. Sanitary sewer service is available from an existing 8^ line on the east and west sides and portions of the north and south property li.nes. The local :improvement existing sanitary n the early 1980 a.sewer lines were onstructed through c. The applicant is proposing to run the storm drainage system into the existing.creek that is north of the property- This may still be accomplished and is not dependent upon the street/lot lay out_ d. The Engir•earang Departmentrecommends denial of the submitted preliminary plat and proposed variance to the Community Development Code Section 18.164.030.4.E because of the substandard street ety problems that could create. intersection and the traffic oaf The Building Di�ision has reviewed the £orsal a the d sting has hone musttthat ba plan showing the location of submitted (i.e., water lines, sewer lines, rain drains, septic tanks and drainfields). If any of these utilities. will cross the proposed new he existing property lines, easements will be required. Raindrainsfor the Building house shall discharge to an approved location. In addition, e Building for Division has commented that private storm drain lines must be provided lots 4 through S. Tigard School District No. 23J has noted concerns with its ability to maintain the current level of educational programs and school facilities as the result of rapid growth throughout the district. The at Templeton enrollment from the proposed development is 3 students When combined - Elementaryand 2 students at Twality JuniorHigh School. with other proposed development projects, the total projected enrollment , lities' design capacities. Further, the District increase exceeds the faci cannot guarantee that the new schools which are to open in 1992 will have :if the rate the design capacity to serve all Of homepro buyers should pm a tadvised that th of growth increases. prospective students mayhave to be bused to other schools Or placed in portable classrooms. 4 STAFF REPORT -• SOB 90-0007 - WAVERLY CONSTRUCTION page 4 The Metropolitan Area Communications Company (cable television) requests thatit be contacted by the developer prior to construction regarding cable inat allation. NPO #6 has reviewed the proposed subdivision and has recommended denial of the proposed variance.to create two flag lets with insufficient road frontage because the NPO is concerned that the proposed flag lots are inconsistent with the development pattern of the surrounding neighborhood. The Tualatin valley Fire and Rescue District, Tigard Water District, PGE, and GTE have reviewed the proposal and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 7.1.2, 7.3.1., 7.4.4, 8.1.1, 8.1.3, and 3.4.1 and Community Development Code Chapters 18.50, 18.92, 18.134, 18.150, 18.160, 18.162, and 18.164. The Planning staff concludes the proposal is not consistent with all applicable Plan policies and Code criteria based upon the findings noted below: 1. Policy 2_1.1 is satisfied because Neighborhood Planning Organization 16 and surrounding property owners were given notice of the public hearing on the subdivision proposal providing them an opportunity to comment on the proposal. - 2, Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because assurance of the extension of sewer, water, and storm drainage facilities to serve the development will be required prior to approval.of the final plat. Sanitary and storm sewers presently exist on the eastern .portion of the property. A water line and storm sewer are located within SW 97th Avenue abutting the property_ The applicant has indicated that these facilities will be extended within the subdivision in conformance with City standards. The Engineering Division has indicated that the preliminary plans for providing these utilities appear adequate. Detailed public improvement plans will need to be approved prior to recording the plat. 3. Policy 6.1.1 call for the provision of a safe and efficient street system which will accommodate present and future needs. The proposed street plan for the subdivision partially satisfies this policy because the development would provide for improvement of theexisting right-of-way for SW 97th Avenue with sidewalk and streetlights and would provides the minimum necessary interim pavement widths and associated improvements for the extension of SW Mountainview Lane along the south side of the proposed development'. The proposed Mountainview Lane extension would improve: opportunities for. redevelopment of the adjacent parcels to the hast and south without. placing an undue burden on the future developers of those parcels with regard to completion of street improvements. The proposed southern street would align with SW Mountainview Lane 145 feet to the east and therefore would further the city's goal of providing for a local street connection between the neighborhood to the east and SW 97th Avenue. A sign has been posted at the present western terminus of SW Mountainview, Lane for some time noting that future extension of the street has been contemplated by the City of Tigard. STAFF REPORT - SUB 90-0007 - WAVERLY CONSTRUCTION Page 5 3a ®®�-W-_NiiiVzR_- M 9 COW ---� 9� However, the preliminary plat Is net consistent with Policy 8.1.1 with regard to the location of the propo.=ed Rhonda Court/SW 97th Avenue intorsection with respect to the location of SW Elrose Street on the opposite side of SW 97th Avenue. Community Development Code Section 18.164.030.0 states that in no case shall the staggering of street intersections along collector streets create offsets of less than 300 feet. This standard is intended to avoid traffic safety problems due to awkward vehicular turning movements from the opposing intersections. The applicant requests a Variance to allow a local street intersection offset of approximately 65 feet on a collector street for the proposed alignment. Section 18.160.120.5 of the code contains criteria for approval of a variance to a Code requirement that is being reviewed as part of a subdivision application. This application does not address these Variance criteria. The applicant's statement accompanying the application for subdivision SOB 90-0013 for the parcels to the north does, however, address the variance criteria for the proposed location of the SW Rhonda Court intersection. Because the issue is the same for both proposed subdivisions, those comments are considered with respect to the subdivision application on the Otto property. Mr. Marlin DeHaas, the engineer for the proposed subdivision to the north on the Lautt property, has provided responses to each of the variance criteria for the requested variance. Staff has provided comments in response to Mr. DeHaas' comments with regard to the requested variance. Criterion 1 There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. DeHaas' Response: A. climinary plat configuration for Lautt's Terrace, Grandview Acres (Templeton Estates) and Solarcrest, (which includes SW Elrose Street) were planned jointly with owners and the City In the 1980-1981period to accommodate and support the LID for 97th Avenue and the McDonald Sewer LID. The proposed locations of Elrose Street (Janzen) and Rhonda Court were established as a part of the LID projects (see sanitary sewer as-built plans) and are the same as proposed by thio application. Sewers were constructed and assessments levied based upon this same proposed alignment. Owners were encouraged by the City to accept such configurations to facilitate the LID and the usual assessment procedures. B. Lautt filed an original preliminary plat application for this same configuration on 5/2/81 for approval of an 8-lot subdivision on 2.58 acres in an R-7 .zone. Staff conditions were applied and Lautt acknowledged same on 5/22/81. The final action staff report was dated 6/26/81. Based upon this approval, Lautt proceeded with the final plat board. Because of the state of the economy in 1981, the final plat for this " project, along with numerous others, were not timely filed, and .approvals expired. At any rate, the record shows that the currently proposed configuration was approved by the City in 1981. C. SW 97th is not a new street and development patterns of the intersecting streets have been pretty much determined. The STAFF.REPORT - SUB 90-0007 - WAVERLY CONSTRUCTION Page 6. 33 major accessesfrom Twality Junior High are separated from t Murdock street and Pembrook Street by approximately So feet and 270 feet respectively. While it is reasonable to ray^,;ira the 300 foo+= cz terion for new major collector streets, it is already lel to retroactively apply the standard to a street already having a development pattern, which causes a g t difficuly in conforming. reat D. The use of the major collector designation for 97th is quite marginal in that it is only approximately 2,000 feet long, has a T^ intersection at McDonald Street, and ends at a sharp curve at Murdock_ Street. Staff Response= Staff agrees that the prior actions of the Planning Commission in approving the Lautt and Templeton Estates subdivisions and the local Improvement district are certainly special circumstances which have affected these properties. However, we do not find that these past circumstances need to dictate what happens today. Although the design submitted by the applicant, and the applicant for SUB 90-0013 work well in relation to the existing sewers, the applicants for these subdivision proposals have not shown that these are the only designs, or the best designs, which will work for division of these Properties with respect to more than just the locations of exiat;i,-,g sewers. The applicant for SUB 90-0007, in fact, has previously submitted a Preliminary plat for review by the Planning Commission which also works well with respect to the existing sanitary and storm sewer locations. This previous plat does not require any of the requested variances involved in the present subdivision approval requests_ it appears to staff: that the applicant for SUB 90-0013 should have Include consideration of this previous proposal for the Otto property and determined whether or not that arrangement could work for the Lautt property. The Engineering Division has re layouts of the Otto and Lauttg ro Prepared conceptual north/south public street a peideo that would include a on the east side a the Otto property. eit - appears that the same number of lots could be created using a cul-de- sac bending westward onto the Lautt property as are presently being requested. The approximate locations of the lots could utilize the same existing sanitary sewer lateral T's as the proposal before the commi ssion. Staff rejects DeElaas' assertion that because SW 97th is not a new street, development. standards related to the collector street status should not apply. we fail to see why it would aot be reasonable to apply the standard in this area, since the parceis on.the east side Of SW 97th are all under-developed and likely will see redevelopment in the future years. There is:pa significant amount of area that may be redeveloped so the City is not really faced with an in-fill situation where limited area may necessitate designs that.may not be fully consistent with good development design practice. Since tha applicant's enginaerconcedes that it is reasonable to require the 300 foot access offset.criterion for development along new major collector streets,. the applicant'a engineer, seems to concur that this is aea£ety-based standard. Staff feels that safety is just as much of an issue on an existing collector street as it would be on a new collector street_ We fail to understand DeHaas' argument. Although SW 97th Avenue is unusual for a major collector street in that it i-rc ` et t ly short and terminates aa "T" intersection a \ STAFF REPORT - SUB 90-0007 -vVVAVERLv CONSTRUCTION Page 7 JLI P-01 one end, and a curve on the other, the street does carry a substantial amount of traffic, especially during the school year. The street certainly functions as a collector street despite these unusual physical characteristics. Unless impractical, all City standards r IaLcd ro safety should be strictly upheld in the review or developments affecting traffic on the street. Criterion 2: The variance is necessary for the proper design or function of the subdivision. DeHaas' Response: A. The sanitary sewers were designed and constructed to serve the currently proposed lots and street configuration. B. The proposed Rhonda Court, location best serves both the proposed Lautt's Terrace and Grandview Subdivisions. C. Existing access easements through the Lautt tract to individual properties to the east fall within the proposed Rhonda Court location. Staff Response: Although the sanitary sewers were designed and constructed to serve the proposed lot and street configurations, the applicants have not submitted any evidence that these facilities would not function well with another subdivision layout_ The Engineering Department's conceptual plan illustrates how the existing sanitary sewers could serve lots off of a cul-de-sac coming from the southeast without requiring any variances. In addition, the applications have not addressed the possibility.of locating the Rhonda Court/SW 97th Avenue intersection directly across from SW Elrose Street. Although such an intersection would require a southward curve to Rhonda Court, and possibly some difficult to utilize area to the south of the intersection, this alignment would seem to be able to serve the same 'lumber of lots as is currently proposed for the Lautt property. This area could be combined with a future lot to be developed as part of the Otto subdivision to the south. Existing access easements through the Lautt tract to properties to the east could be served by an alignment of SW Rhonda Court directly across from Elrose Terrace or j from a street to be developed along the eastern side of the Otto property as previously proposed to the Commission in Ju*ie, 1990. We fail to understand the DeHaas argument with regard to how the proposed alignment is necessary to serve these properties to the east_ Criterion 3- The granting of the variance will not be detrimental to the public health, safety, and welfare, or injurious to.the rights of other owners of property- DeHaas, response: A_ The proposed Rhonda Court location best accommodates rights of the owners of Lautt's Terrace and Grandview Acres in providing reasonable and attractive access to subdivision lots. It also accommodates prior access rights for individual properties to the east, ', STAFF REPORT - SUB 90-0007 WAVERLY CONSTRDCTION Page 8 ®� B. As 97th Avenue is a through street, both Rhonda Court and El rose Street will be controlled by stop signs. Staff Response: Staff fails to see how the proposed location of Rhonda Court offset from SW Elrose Terrace provides any more attractive or reasonable access to the proposed subdivisions as the alternatives of aligning Rhonda Court with the Elrose Street intersection or following the previously submitted design for the Otto property and extending a street northward to the Otto property. in addition, as described above, these alternatives would not seem to negatively impact access rights for individual properties to the east in any manner. Both Rhonda Court and Elrose Street will be controlled by stop signal as DeHaas notes. However, the primary traffic safety issue related o the proposed intersection offset is the turning movements that will be necessary from these intersections, no matter whether the intersections are signed or not. Criterion 4: The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. DeHaas' Response: A. As related here and before, street alignments were planned and approved jointly by the City and owner in this area in the 1980-1981 period. Development has occurred and property has been assessed based on these street alignments.. The owner has relied upon this earlier planning and it is not practical to undo what has been done. Such undoing would place an extraordinary hardship upon the applicant. S. In fact: it is impossible: for Lautt to meet .this criterion within his property. Staff Response- Staff fails to see why it is not practical to undo the designwork that has been done. Staff, and the applicant's engineer for the .proposal on the Otto property, have already revised some of that design work in the submittal and review of the earlier preliminary plat for that property. The Engineering Department has done further work showing how.a street could be developed an the Lautt property utilizing the existing storm sewer and sanitary sewer. This work has shown that other development options.exist for these properties. The only hardship that staff is aware Of is the possible cost of revising the plat and public improvement plans that may have been developed In response to the earlier approvals. Although this would require afinancial outlay by the applicants, it is not unreasonable to expect this of an applicant who has let subdivision approval lapse for in excess of eight years. In closing this analysis, staff does not find that the applicants have met the burden of providing substantial evidence that requiring strict compliancewith the requirements of Code Section 18.164.030.G would cause an undue hardship to the applicants. Staff believes that evidence shows that other subdivision designs could utilize existing STAFF REPORT - SUB 90-0007 - WAVERLY CONSTRUCTION Page 9 _-__.. ... ... . ANN M N uff public facilities in place on the properties- These other designs r.. could alleviate potentialtraffic hazards that could result from an offset intersection as p Po 4. Policy 8.1.3 requires that adequate right-of-way and street Improvements be provided for streets abutting orwitn a lopersis development. If deficiencies exist, the prospective these minimum responsible £or providing facilities that meet standards. As noted above, the proposed street system is not consistent with City standards. A revised preliminary plat and street layout are therefore necessary. The requirements of this policy cannot be satisfied if the proposed improvements are: not consistent with City standards. 5. Chapter 18.50 of the Code is satiafied because the sizes of the proposed lots are consistent with the 7500 square foot minimum lot size standard of the R-4.5 zone. All proposed lots should be able nce with setback and coverageustandards of the n In nzone awithout requiring varian es.� site The proposed Lot Line Adjustment would allow the possible transfer of a 15 by 145 foot section of existing tax lot 106 to either of the adjacent parcels, tax lots 109 or 1100. Such an adjustment would Increase setbacks for existing structures and would increase the size Of either of these other parcels. Either adjustment would allow these lots to remain in conformance with the min:L°um lot also be size and dimensional requirements of the R-4.5 =oneandteria (Community uld consistent with the Lot Line Adjustment appoval cr-IDevelopment Code Section 18.162.060). if an agreement is not reached by the applicant with either of the adjacent props the Scn irswior transfer of this strip of land to an adjacent parcel, P need to be included in proposed lot 1_ Because of the configuration of this strip of land; it is not clear what purpose would be served by attaching the strip to lot 1. The strip. would likely be a maintenance burden for the owner of lot 1. Staff strongly recommends that this strip of land be transferred to an adjacent parcel rather than being attached to lot I- 6- chapter 18.92 is satisfied because the proposed density is consistent with Code requirements. The area of the proposed subdivision provides an opportunity for approximately 11 dwelling zne nits if developed to the full density opportunity of the R-4.5 7. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during the course of construction be minimized. The proposed development's streets, utilities, and residences will require the removal of a significant number of trees. However, the number of trees removed should and can be minimized. The staff recommends that trees over six inches in diameter be removed only to construct utilities, streets and residences. Plans ev for tree staff through an appli appliand cion must,ation a treee r cuttingWpermied t the Planning the is B. Chapter 18_160 is partially satisfied because lic :olep Plane andlaCode consistent with t'.he majority of the app requirements that relate to this type of request_ The plat name is not duplicative of other recorded plats. However, as elaborated upon elsewhere in this report, staff finds that the proposed alignment of SW Rhonda Court relative to SW Elrose Street on the opposite side of SW 97th Avenue is a substandard design and could pose a traffic hazard on a collector street. The applicant has not shown thatthere is no other practical design for the subdivision that could avoid the J.. Page 10 � t STAFF REPORT - SUB 90-0007 - WAVERL3C CONSTRUCTION f B �- substandard intersection design and still utilize the existing sanitary sewer. The applicants primary argument for the variance therefore appears to be that the City has to live by previous approvals that have expired. Code Section 18.160.040, however, sets a limit on the approval period for an approved subdivision plan. One of the purposes of this time limit is to allow the City to revisit the conditions related to a development proposal if that proposal has not been constructed. This allows the City to revisit previously reviewed proposals and require amendments that address changes in circumstances or changes in City policies, and to better respond to the situations affecting a proposed development. Staff urges the Commission to recognize that the earlier Commission approval of a plan for development of this property would not have provided for as good a development plan as possible and would also not have been consistent with the City's road improvement standards_ Staff recommends denial of uhe requested subdivision variance. 9. Chapter 18.162 is satisfied because the recommended Lot Line Adjustment would be consistent with the approval criteria for a Lot Line Adjustment as described in 5 above. 10. Chapter 18.164 (Street and Utility Standards) is only partially satisfied by the preliminary plat submittal. The proposal would adequately provide storm drainage and sanitary sewer facilities. The typical street section and plan view of the proposed street demonstrate compliance with the majority of the street design standards of Chapter 18.162. However, the proposed 16ca1 street Intersection with SW 97th Avenue is not consistent with Community Development Code Section 18.164.030.6.1 whish specifies a minimum center line separation of 300 feet when it is necessary that Intersecting streets form staggered intersections and the staff does not find that the applicant has satisfactorily shown that this - -requirement should be varied. In addition, proposed lots 2 and 5 do not contain 25 feet of frontage along a street as required by Community Development code 18.164.060.B. The applicant has not submitted an argument in favor Of this variance. Cnce again, the preliminary plat copies the earlier 1980 plat submittal which also did not specifically address this issue. The applicant apparently is .again relying upon the Precedent of the earlier approval as justification of the present request. It is unclearwhether the minimum street requirement was - in effect in 1980 and therefore whether the earlier submittal would have been considered substandard in this respect. Staff does not find that the request satisfiesthe subdivision variance approval criteria ofCode Section 18.160.120.B. The Preliminary plat reviewed by the Commission in June of 1990 illustrated how the property could be developed without requiring approval of this sort of variance. That by itself demonstrates that the request does not satisfy the approval criteria because there is no extraordinary hardship that would result from compliance with the minimum frontage standard or that the requested variance is necessary for the proper functioning of the subdivision. The request would create two fla, lots. Flag lots are typically viewed as undesirable in land development. Flag lots are more typically a last resort design for difficult to develop in-fill projects. This proposal clearly illustrates some of the possible undesirable effects of flag lots. The existing residences on proposed lot 5 and on tax lot 1100 to the east both face to the west towards 97th Avenue. Assuming that these houses remain as is, the t STAFF REPORT - SUB 90-0007 WAVERLY CONSTRUCTION Page 11 M fronts of these houses will face the rear or sides Of the lots to the- w at. hewat. In addition, the front of any house to be built on proposed loet 5 will face the rear of proposed lot 4. Also, both lots may be difficult to locate from the street since homes built on the lots would likely not be readily visible from SW Rhonda Court. Additionally, the entire development pattern of the proposed subdivision is unusual in that it includes eight lots fronting on three different streets as well as the two flag lots that would be somewhat buried behind the others. This pattern does not appear conducive to the development of a neighborhood identity. Such a pattern certainly is not good development practice, especially when a viable option exists as was shown in June. The earlier submittal was far superior in that it avoided the negative effects of the requested variances, did not have any driveways on SW 97th Avenue - a collector street, and faced houses towards each other in a way that would seem to contribute to a neighborhood feeling. Staff recommends that the Commission deny the requested variances and direct the applicant to retry this earlier approach to development of the property. C. RECOMMENDATION The Planning Division recommends denial of the submitted preliminary plat for Subdivision SUB 90-0007 primarily because of the submittals dependence on a substandard street intersection in the northwestern corner of the site for access to five of the proposed lots. As noted above, staff has substantial concerns with traffic safety related to the proposed intersection offset and therefore recommends denial of the proposed variance to Community Development Code Section 18.164.030.4.E for both the subject application and Subdivision application SUB 90-0013_ In addition, staff recommends denial of the proposed variance to allow the proposed flag lots, lots 2 and 5, to have less than tris minimum 25 feet of frontage on a street for the reasons described above. Because no application or p '_min-aif t .- loline adjustcnt map were submitted with the application ackpackage and because the need for the adjustment arises from the subdiv?cion request which is recommended to be denied, staff also recommends denialof the Lot Line Adjustment portion of this application. Staff recommends that the Planning commission recommend that the applicant refile a preliminary plat the same as or similar to the preliminary plat reviewed by the Commission on June 5, 1990. Such a submittal should be required to be a new application rather than a continuance to this application. This is suggested so that the Commission can make a final decision denying the current proposal in order to clearly reject the development approach taken with this application and Subdivision. SUB 90- 0013 as well as to afford an opportunity for apossible appeal on these decisions. It is recommended to the applicant for SUB 90-0007 that the city council be approached about a partial fee waiver for the second application since a substantial amount of the typical..staff time required for review of a subdivisioi. application will not be necessary if the proposal is not substantially changed from the plan reviewed in June, 1990. Staff notes that modifications to the earlier proposal could possibly Include the addition of tenth lot- 71 /D/D Je ffer APPROVED BY: Keith LIclen / A ate Planner Senior Planner STAFF REPORT - SUB 90-0007 WAVERLY CONSTRUCTION Page 12 i -- o� U �J ti — x .a. i �. �. �. In -_-- •.� q i z c o w � H yo y � a j o J ^ y J WAM -------------- 1 � fieri s � I 1j a L 0 4 � --------------- 4 4 � � A \/ CD i-2� y 07 lid �... � 41" � co LU vl - tit ,VZ.1t7v0S _ � ry. b Q Q L C>!;; t rl W ISL In C-1-to O � V � l V-N v .� \'• _ .00• A9'6L gyp- � V4 _