MIS1997-00024 Decision - WINDRIDGE HOMES LLA f
NOTICE OF DECISION
' LOT LINE ADJUSTMENT (MIS) 97-0024
WINDRIDGE HOMES LOT LINE ADJUSTMENT e •
-gaping jaw.- Communit
120 DAYS = 7/3/98
SECTION I: APPLICATION SUMMARY
"URBAN SERVICE AREA"
CASES: FILE NAME: WINDRIDGE HOMES LOT LINE ADJUSTMENT
Lot Line Adjustment MIS 97 -0024
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the
common property line between tax lots 00300 and 00401 on WCTM
2S105CD by decreasing tax lot 00401 by 777 square feet and
increasing Tax Lot 00300 by that same amount.
APPLICANT: Trisha McClelland
Alpha Engineering
9600 SW Oak Street, Suite 230
Portland, OR 97223
OWNERS: Robert Gehrts, Columbia Homes Cameron Parkes
and Windridge Homes, Inc. 15995 SW Roshak Road
6475 NW Cornelius Pass Road Tigard, OR 97224
Hillsboro, OR 97124
COMPREHENSIVE
PLAN •
DESIGNATION: Medium Density Residential; 6 -12 Units Per Acre.
ZONING
DESIGNATION: Residential, 7 Units Per Acre; R -7. The purpose of the R -7 Zoning
District is to establish standard urban medium density residential sites.
LOCATION: 15995 SW Roshak Road; WCTM 2S105CD, Tax Lots 00300 and
00401.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.52, 18.162.050 and
18.162.060.
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 1 OF 6
SECTION II: DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee
has APPROVED the above request subject to certain conditions.
The findings and conclusions on which the decision is based are noted in Section IV:.
CONDITION OF APPROVAL
PRIOR TO THE, RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION
SHALL BE SATISFIED UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE
BRIAN RAGER IN THE ENGINEERING DEPARTMENT (503) 639.4171
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.
The survey map shall include all access and utility easements.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE! DATE OF THIS DECISION
SECTION III: BACKGROUND INFORMATION
Site History:
Tax Lot 00300 is part of an approved, but un- platted subdivision (The Heights at Bull
Mountain, No. 2). The subdivision was approved by Washington County and is currently
under construction. Because the subdivision has not yet been platted, staff will review tax
lot 00300 as a whole, but will also address affects to proposed subdivision lots as needed.
When the two tax lots were created (tax lot 00401 and 00300), the newly created line did
not provide for the necessary setback from the existing residence, . therefore, this
adjustment is proposed to rectify this setback violation. Because this area is in the Urban
Service Area, and until recently, all applications in this area were reviewed by Washington
County, no other development applications were found to have been filed for either of
these sites with the City of Tigard.
Vicinity Information:
The property is outside of City limits but within the City's Urban Service Area. All
properties surrounding the site are also in the Urban Service Area and zoned R -7 (County
zoning is actually R -6, however, the equivalent City zoning is attached).
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 2 OF 6
Site Information and Proposal Description:
There is an existing residence on tax lot 00401. Tax lot 00300 is currently vacant and is
part of a subdivision that was approved by Washington County, but has not been platted
yet. Three of the future lots (lots 97, 98 and 99) in this subdivision will be affected by this
adjustment. The Lot Line Adjustment will adjust the property line between tax lot 00401
and future lots 98 and 99 by increasing tax lot 00401 by 553 square feet and decreasing
lot 00401 by adding an additional 1,330 square feet to the future lot 97. The net decrease
in tax lot 00401 is 777 square feet and a net increase of the same amount for tax lot
00300. Each of the future lots will maintain necessary square footages after the
adjustment, as will be discussed in more detail further in this decision.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.162.060 contains the
following standards for approval of a Lot Line Adjustment request:
An additional parcel is not created by the Lot Line Adjustment, and the existing parcel
reduced in size by the adjustment is not reduced below the minimum lot size
established by the zoning district;
An additional lot will not be created through this Lot Line Adjustment. Both existing lots are
very large (1.02 and 6.21 acres) and will not be reduced below the minimum lot size of 5,000
square feet. The future subdivision lots on tax lot 00300, will remain over 5,000 square feet
as well.
By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the
site development or zoning district regulations for that district; and -
The area of tax lot 00401 that will be reduced will not result in an encroachment into a
required setback for the existing house. The area of tax lot 00401 that is being increased
will actually increase the setback, bringing it into compliance with existing setback standards.
The resulting parcels are in conformity with the dimensional standards of the zoning
district.
The proposed Lot Line Adjustment is within the R -7 zoning district which requires 5,000
square foot lots with a minimum frontage of 25 feet. Both existing parcels will be well over
both of these standards. The future subdivision lots will have the necessary frontage along
a newly created street and the lot area will be between 5,132 square feet (lot 98) and 5,860
square feet (lot 99). The dimensional requirements of the underlying zone are discussed in
further detail on the following pages.
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 3 OF 6
FINDING_: Because the resulting parcels will be in,conformance with the dimensional .. _
standards of the zoning district, staff finds that these criteria have been met.
SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS:
Section 18.162.060 states that in addition to meeting the above standards, a Lot Line
Adjustment must also meet the following criteria applicable to lots created through
the Minor Land Partition process:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
The required lot width for lots zoned R -7 is 50 feet. The lot widths after the Lot Line
Adjustment will be approximately 474 feet for tax lot 00300 and 145 feet for tax lot 00401.
Lot Area: The lot area shall be as required by the applicable zoning district In the
case of a flag lot, the accessway may not be included in the lot area calculation.
Lot area was addressed previously in this decision under Lot Line Adjustment - Approval
Standards.
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 foot wide access
easement.
Lot frontage was addressed previously in this decision under Lot Line Adjustment - Approval
Standards.
Setbacks: Setbacks shall be as required by the applicable zoning district
Tax lot 00300 is currently vacant. The setback for the existing house will be increased so
that the structure does not encroach into the required setback.
Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the
developer 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 structures.
While tax lot 00300 looks like a flag lot on the assessor's map (narrower drive leading to a
large lot area), the actual dimensions of the access drive meets the frontage requirements,
therefore, this does not apply.
Screening on Flag Lots: A screen shall be provided along the property line of a lot of
record where the paved drive in an accessway is located within ten feet of an abutting
lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation
areas for proposed development.
As stated above, this standard does not apply.
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 4 OF 6
Fire Protection: The fire district may require .. the installation of a fire hydrant where
the length of an accessway would have a detrimental effect on fire fighting
capabilities.
The accessway is existing for tax lot 00401. Tax lot 00300 has subdivision approvals and
the issue of fire protection has been addressed as part of that approval, therefore, this
standard has been satisfied.
Reciprocal Easements: Where a common drive is to be provided to serve more than
one (1) lot, a reciprocal easement which will ensure access and maintenance rights
shall be recorded with the approved partition map.
No reciprocal easements are required or proposed for this Lot Line Adjustment.
Accessway: Any accessway shall comply with the standards set forth in Chapter
18.108; Access, Egress, and Circulation.
The accessway to the residence on tax lot 00401 is existing and will not be altered as a
result of this proposal. Access to tax lot 00300 has been addressed as part of the
subdivision approvals and must meet all applicable standards in effect at the time of
construction.
Floodplain: Where landfill and /or development is allowed within or adjacent to the
one - hundred -year floodplain, the City shall require the dedication of sufficient open ._
land area for greenway adjoining and within the floodplain. This area shall include
portions at a suitable elevation for the construction of a pedestrian /bicycle pathway
with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan.
Neither lot is in the floodplain, therefore, this standard does not apply.
FINDING: Because the Lot Line Adjustment proposal meets or exceeds the Special
Provisions for Lots Created through the Partition Process, as stated above,
and required by 18.162.060, staff finds the criteria for approval have been met.
SECTION V: OTHER STAFF COMMENTS
The Engineering Department will complete a detailed review of the submitted Lot Line
Adjustment survey map and legal descriptions prior to recording of . the Lot Line
Adjustment.
SECTION VI: AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision
within the ten (10) day appeal period and may request reconsideration of the decision if it
may adversely affect the utilities or fire district's abilities to provide service to the subject
properties or the neighboring properties.
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 5 OF 6
SECTION VII: PROCEDURE AND APPEAL INFORMATION ...
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THE DECISION SHALL BE FINAL ON FRIDAY, MARCH 20, 1998
UNLESS AN APPEAL lS FILED.
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 that provides
that a written appeal must be filed with the City Recorder within ten (10) days after notice
is given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
,.:.<;:_.:::::;C EADLINE Ft R FILING OF AEI APPEAL }S 3,3€lE P inn..ON 'MARCH 20 1998
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
r
March 10, 1998
PREPARED B : Julia Powell H jduk DATE
Associate Planner
March 10, 19
98
APPROVED BY: Richard : --wersdorff DATE
Planning Manager
is \curpin\julia\mis\rnis97- 24.IIa
NOTICE OF DECISION MIS 97 -0024 - WINDRIDGE HOMES LOT LINE ADJUSTMENT PAGE 6 OF 6
I
' 109 io 107 m a 108 71
5.062 SF _• $ c 6.982 SF = 6.825 SF IP
0
= o g` } v,
101.00' 60.00' * 39.63' ' ti �y
N89'55'56 "c � • . S5' 103
I 55.42 ► S89'49 30' W 145.21 r
N 6.182 SF
66
WI 125.90' A
•
589'55'56'W 4'1
•
v O c 102
a
00 N N
Q1 tfl
Q \O� t 22.55' Z r
589'55 - W ` Z
� _ 0
F, b 101 0
‘..).4‘ 0 W ♦^
110 O C
�, (O 0
17.788 SF . I1 117.24' O
O 589'S5'S6''N • I— Q
M J
o 100 W / A
O 6..346 SF V
4 7.929 ORIGINAL SQUARE FEET O H Z
i 47.152 ADJUSTED SQUARE FEET Z 1
3 110.83' Z
aD S10'00 00 "E i 589'55'56 "W
.
7,.., -e i7 58.02' NE'N Z
S O / � ■ PROPERTY UNE Q
/ 99 5,860 SF "
o / adjusted ' ",
e � l s . Z / � � h �� \\ S53 SF v
wo s. �` 10.00'
� � 94.24'
ti 69 � ^ oast rase w�Z 589'55'56 "'N W I I
NEW
i S� 4 P \ �� \ Ali PRO UNE .9. iiim
'a o 54.33 23 Sn 5.132 SF �
+wS � S10'31'55 -W ' UNEiNAL PROPERTY n 0 h _ A:
SJ.
}—
� . -- i t '
\
o p i S89 -4 N
97.50"
� + N' '•
� O 04j_ S 7)4 4/...1.5).(\i'.1.4\
•
97
w A e ? s *' O
�I O t O f` C7 NEW
f r' 5.634 SF
�,5• PROPERTY UNE
tk y 7.cY
adjusted \
S •1,330 SF .
+43111. ROSIN ROAD—) F o , ., )"
r'
CASE NOM & CASE NAME(SI:
. SITE P [AN "URBAN SERVICE AREA"
LINE ADJUSTMENT (MIS) 91 -0024
EXHIBIT MATI N BRIDGE HOMES, INC.; COLUMBIA HOMES, INC.;
E RTS; AND PARKS LOT LINE ADJUSTMENT
.
II .
.
•
11111111I * . ijn iiii 1111
, • I. 111 ► S
$It - , _ �� � 11 1I�111111.: •• . 111I�� 1 ; 1111111 _ 1 11111111M 111111- 1•11 , ._ 1E,i 'll •
X 1 11 11\ 1111 STL WA
i � //11 ��� •�o 11111111• ' 11111 E
ohm � J ►�I 1ul111 : - � � ./ RN /_
E.. I. lid . °�1111 : __ -�� ■■■ ► 1111 1 MUM a
--lug I1IE ` 1 _' vz W
STAHL , i
- t 0
,.. -..,..,...,.-,.....
Ill : I ; CT - - - - ->
C
PAR. -->I
--> :'��' . -'" C6
R A K F R
7 \ k ki
.-.',,,,.,„ \
W
J
. —; "0
,''
I I k 4 0■4, A'" al
I
`, W COLONY P L ��
INK 0 1 kc;14.# O
4111111111 4"dia �
II `�■ i OLONY
A1101111 1
SW COLONY D- � U
1 V�ir. i
1 _ , I
"URBAN SERVICE AREA"
Vicinity Map N Lot Line Adjustment (MIS) 91 -0024
Windridpe Homes, Inc.; 1
Y. A Columbia Homes, Inc.;
Gehrts; And Parks Lot Line Adjustment