SUB1991-00015 Decision - JUBILEE PLACE CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s): SUB 91 -0015
2. Name of Owner: Keith & Jean Taylor
Name of Applicant: Same
3. Address 25290 SW Graham's Ferry Rd. City Sherwood State OR Zip 97140
4. Address of Property: 14350 SW 97th Avenue
Tax Map and Lot No(s).: 2S1 11BA, tax lot 1300
5. Request: A request for Subdivision approval to divide an
approximately 2.09 acre site into nine lots ranging between
approximately 7,580 and 11,124 square feet each. ZONE:
R -4.5 (Residential, 4.5 units /acre). The R -4.5 zoning
allows single family detached residential units, public
support facilities, residential treatment homes, farming,
manufactured homes, family day care, home occupations,
temporary use, resiential fuel tanks, and accessory
structures.
6. Action: Approval as requested
X Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning
Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON January 2, 1992
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in
accordance with 18.32.290(B) and Section 18.32.370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent. The appeal may be submitted on City forms and must be
accompanied by the appeal fee ($315.00) and transcript costs (varies up
to a maximum of $500.00).
The deadline for filing of an appeal is 3:30 p.m. January 2, 1992
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639 -4171.
bkm /SUB91- 15.BKM
•
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
In the matter of an application )
Michael A. Nelson on behalf of Keith ) FINAL ORDER
& Jean Taylor, owners, for a 9 -lot )
subdivision in the R -4.5 zone, east ) SUB 91 -0015
of SW 97th Avenue and north of the ) (Taylor's Place)
western terminus of SW Inez Street )
in the City of Tigard, Oregon )
I. SUMMARY OF THE REQUEST
The applicant requests preliminary plat approval to subdivide 2.09
acres into a 9 -lot subdivision. The lots proposed range in size
from approximately 7,580 to 11,124 square feet. The lots comply
with the dimensional requirements of the R -4.5 zone, but only
partially fulfill the solar access standard for new development.
An adjustment to the solar access standard is requested due to the
necessary street configuration, and its impact on density. The
proposed lots will be used for single family detached dwellings.
The site will be served by public water and sanitary sewer systems
and a storm water drainage system.
To provide access to the subdivision, the applicant proposes to
extend the westerly terminus of SW View Terrace. This extension
will curve to the north and terminate at the site's northern lot
line. In addition, a private drive will extend in a westerly
direction, providing access to the western portion of the site.
A public hearing was held on December 9.. City staff recommended
approval of the subdivision, subject to conditions. The applicant
and the owners' accepted the recommended conditions of approval.
The property owner to the north testified with concerns about
developability of T.L. 1200 (1.90 acres) as a result of the
proposed street configuration. In addition, NPO #6 testified
regarding their concerns about: a) the dimensional requirements
and shape of lots 3, 4 and 9; b) solar requirements and; c) the
use of private drives in the area. The NPO #6 representative
indicated that members felt that it would be best to develop the
whole area, including the undeveloped lots to the north and south,
as one coordinated neighborhood to facilitate street alignments and
reduce the need for private drives.
LOCATION: 14350 SW 97th Avenue
WCTM 251 11BA, tax lot 1300
APPLICANT: Michael A. Nelson
SITE AREA: 2.09 acres
Page 1 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
APPLICABLE LAW: Community Development Code sections 18.50, 18.88,
18.92, 18.102, 18.108, 18.114, 18.150, 18.160, 18.164, and
Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1,
7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approve
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and shape:
The site is a rectangle, approximately 2.09 acres in size.
B. Site location:
The site is situated east of SW 97th Avenue, between SW
McDonald and SW Inez street, and west of the present terminus
of SW View Terrace Avenue.
C. Existing uses and structures:
The subdivision currently contains one single family
residence in the southwest corner of the site. The remaining
area of the site is vacant.
D. Proposed uses and structures:
1. The applicant proposes to divide the site into eight
buildable single family lots, plus one lot for the
existing home, for a total of nine lots.
a) Proposed lots will range from 7,580 to 11,124
square feet. Average lot size is approximately
8,828 square feet.
b) Due to the size and shape of the site, and the
orientation of the existing adjacent streets, two of
the proposed nine lots meet solar access standards.
(Lots 7 & 8) . Lots 4, 5, 6 and 9 do not meet the 90
feet north /south dimensional requirement. Lots 1,
2 and 3 do not have a front line that is oriented
within 30° of a true east -west access. Therefore
lots 1, 2, 5, 6 and 9 should be adjusted out. The
lots which have been adjusted out, plus those lots
which conform with the basic requirement will equal
the required 80% conformance with the Solar Access
Code section.
Page 2 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
2. Access will be provided to lots 6 & 7 by extending
SW View Terrace in a westerly direction, then curving
north and terminating at the sites northern lot line. A
private drive with a hammerhead will extend in a westerly
direction providing access to lots 3, 4, 5, 8 and 9. In
addition, a joint access driveway will serve lots 1 and
2 from SW 97th Avenue.
3. The applicant will build storm and sanitary sewers
on the site and will extend water across the site.
E. Existing and proposed vegetation:
The site is mostly covered with grasses and weeds. A number
of fairly substantial evergreens and deciduous trees are
located on the perimeter of the site.
The exact number and location of trees to be removed will
depend upon where the final building envelopes and driveways
are located.
F. Topography and drainage:
1. The site slopes gradually from the south west towards the
northeast.
2. There is an existing storm sewer system located in SW
View Terrace that can be extended to serve this development.
It appears that lots 1, 4 and 5 will need to have additional
drainage design work completed so that they will drain to a
public system.
3. A 15 foot public storm drainage easement with a public
storm sewer system will be necessary along the northern
property lines of lots 1, 4 and 5.
4. A 15 foot public storm drainage easement and public
drainage system will be necessary along the west property line
of lot 7.
G. Plan designation and zoning:
1. The City Comprehensive Plan Map designates the site as
Low Density Residential.
2. The site is zoned R -4.5. Property to the west is zoned
R -3.5 and is developed with single residences. All other
surrounding properties are zoned R -4.5. Twality Junior High
and Templeton Elementary School are located a few parcels to
the south of the site.
Page 3 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
H. Public services and utilities:
1. The site can be served by public water from SW View
Terrace and SW 97th Avenue. Sanitary sewer will come from the
same streets as the water lines do. A storm drainage sewer
will be provided for SW View Terrace.
2. The site can be served by Tualatin Valley Fire & Rescue
#1, Tigard Water District, GTE, Columbia Cable, the Tigard
Police Department and the Tigard Tualatin School District
#23J.
I. Streets and Access:
1. SW View Terrace terminated at the eastern edge of the
site. The applicant proposes to exceed this street on the
site and curve it in a northerly direction. The street
currently has a 50 feet right -of -way with approximately 25 -30
feet of pavement with a drainage ditch and pedestrian - bike
path on each side. This public street extension will serve
lots 6 and 7 directly.
2. SW 97th Avenue borders the western edge at the site. SW
97th is a Major Collector. Lots 1 and 2 will have joint
access from 97th.
3. The applicant will provide access to the remaining lots
(3, 4, 5, 8 & 9) from a private hammerhead drive that will
meet City and Fire District standards. The length of the
hammerhead turnaround should be enlarged from 4.0 to 45 feet on
each side of the centerline of the private drive. This will
allow adequate maneuvering of emergency vehicles. The private
drive will have a minimum paved width of 24 feet, with curbs
and sidewalks required.
III. APPLICABLE APPROVAL STANDARDS
A. Community Development Code:
1. Chapter 18.50 contains standards for the R -4.5 zone.
Single - family detached residential units are permitted uses in
the zone. Single - family residential lots in the zone must
comply with the following dimensional requirements.
Minimum lot size 7,500 square feet
Front setback 20 feet
Interior side setback 5 feet
Side setback (street side) 15 feet
Rear setback 15 feet
Page 4 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
Maximum building height 30 feet
Garage front to property line 20 feet
Average minimum lot depth 50 feet
2. Chapter 18.88 contains solar access standards.
a. A lot complies with this section if it has a north -
south dimension of 90 feet or more, and has a front line
that is oriented within 30 degrees of a true east -west
axis (basic design standard); or if a protected solar
building line is designated on the plat or on recorded
documents with the plat; or if certain performance -
oriented standards are imposed on future development. A
subdivision complies with this section if 80% or more of
the proposed lots comply with one or more of these
standards.
b. Section 18.88.040(E) (Adjustments to Design
Standards) states that the approval authority shall
reduce the percentage of lots that must comply with
Section 18.88.040(C) (Design Standards) to the minimum
extent necessary if it finds the applicant has shown
compliance with the basic design standard would reduce
density, significantly increase development cost, or
eliminate amenities or if shade from existing trees
already obstructs solar access for a given lot. Also it
exempts from compliance lots that are sloped 10% or more
in a direction 45° or ore east or west of true south.
3. Chapter 18.92 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. To determine the number of lots,
multiply the net development area by the number of units
allowed per acre in the zone.
4. Chapter 18.102 requires that adequate visibility be
provided at road intersections.
5. Chapter 18.108 provides standards for safe access. A
private common driveway is permitted to serve up to six
dwellings. A driveway serving three to six dwellings must
have a minimum paved width of 24 feet between curbs with
sidewalk on one side.
6. Chapter 18.114 contains sign regulations. A subdivision
can have one permanent free - standing sign with up to 32 square
fee per sign face at each entry.
7. Chapter 18.150 requires a permit and contains standards
for removal of trees having a trunk 6 inches or more in
Page 5 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
diameter 4 feet above the ground on undeveloped land. A
permit for tree removal must comply with the following
criteria:
a. The trees are diseased, present 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.
8. Chapter 18.160 contains standards for land divisions.
To be approved, a preliminary plat must comply with the
following criteria:
a. It must comply with the City's comprehensive plan
and the applicable zoning ordinance and other applicable
ordinances and regulations;
b. The proposed plat name is not duplicative or
otherwise satisfies the provisions or ORS Chapter 92;
c. The streets and roads are laid out so as to conform
to the plats of subdivisions and maps of major partitions
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...
9. Chapter 18.164 contains standards for streets and
utilities.
a. Section 18.164.030(A) requires streets within and
adjoining a development to be dedicated and improved
based on the classification of the street.
Page 6 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
b. Section 18.164.030(E) requires a local street to be
improved with a minimum 34 -foot paved section between
curbs and sidewalks in a 50 -foot right of way.
c. Section 18.164.060 prohibits lot depth from being
more than 2 1/2 times the lot width and requires at least
25 feet of frontage on a street.
d. Section 18.164.070 requires sidewalks adjoining all
local 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 citizens will
be provided an opportunity for be involved in all phases of
the planning process.
2. Policy 4.2.1 provides that all developments within the
Tigard Urban Planning Area shall comply with applicable
federal, state and regional water quality standards.
3. Policies 7.1.2, 7.3.1 and 7.4.4 provide 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 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.
5. Policy 8.1.3 provides the City will require as a
precondition of approval that:
a. Development abuts a dedicated street or has 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 and sidewalks to City standards within the
developments;
?age 7 - Hearings Officer decision
SUB 91. -001.5 (Taylor's Place)
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 if
found to create or intensify a traffic hazard.
IV. HEARING, TESTIMONY AND NPO & AGENCY COMMENTS
A. Hearing.
The Hearings Officer received testimony at the public hearing
regarding this application on December 9, 1991, and made a record
of that testimony. The Hearing Officer took judicial notice of
City Council's decision in the Castile Park subdivision (SUB 90-
0010). Staff supplied the Hearings Officer with a copy of
Regulation No. 91 -05, dated March 12, 1991, which contains the
City's final decision in this matter.
The Castile Park decision was referred to by staff at the hearing.
Castile Park is immediately south of the site and involved similar
access issues as those involved in this case.
A record of all testimony is included herein as Exhibit A (Parties
of Record) Exhibit B (Taped Proceedings) and Exhibit C (Written
Testimony). These exhibits are filed at the Tigard City Hall.
B. Summary of selected testimony.
1. Ron Pomeroy summarized the staff report and
recommendation.
a. He described the zoning of the site and focused on
the access issues. He indicated that NPO #6 and the Fire
Department were concerned about limiting direct access to
SW 97th. He explained that the City looked at access for
this area in the Castile Park case (SUB 90 -0010) and
discussed having SW View Terrace turn north at this
point, and to connect it to the extension of Mt. View
Lane, if it is constructed.
b. Mr. Pomeroy had one correction to condition number
five, which should include lots 1, 2, 3, 4 and 5. Also,
because of a new DEQ regulation, one additional condition
was proposed regarding an on -site water quality facility.
Suggested wording from Randy Wovley was submitted.
2. Michael Nelson testified for the applicant. He accepted
the conditions of approval including the two proposed changes
by staff noted above.
Page 8 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
3. James Evans testified with a brief general question.
4. Stephanie Mitchell testified on behalf of NPO #6. NPO #6
expressed unanimous opposition for three reasons:
a. The dimensions of lots 3, 4 and 9;
b. The waiver of solar access for various lots;
c. The accessibility of the private drive. Ms.
Mitchell suggested that the hearing be continued to give
the applicant and the owner of the property to the south
(the Castile subdivision) an opportunity to put together
a joint land use application.
5. Jim Long, the owner of property directly north of the
site also testified. Mr. Long expressed his inability to sell
his property and indicated that the City wants his property to
bear the cost of the east -west connection to SW 97th Avenue.
6. In rebuttal, staff discussed the solar access
requirements and exemptions and reiterated its position on
the access issues.
7. In rebuttal, Mr. Nelson indicated that joint access was
possible for lots 1 and 2 and that the private drive access
approach taken by the city was the most logical.
C. NPO and agency comments.
The Hearings Officer incorporates by reference the findings
regarding NPO and agency comments in section A.5 (pgs 2 -6) of the
staff report.
V. EVALUATION OF REQUEST
A. Compliance with the Community Development Code.
1. Chapter 18.50 (R -4.5 Standards)
The proposed lots comply with the use standards of the R -4.5
zoning district. The proposed lots are intended to be used
for single family detached dwelling units. The applicant has
complied with this requirement as shown on the proposed site
plan. Additionally, the proposed number of lots is consistent
with the density opportunity provided by the R -4.5 zone
assigned to this site.
The concern which was raised by NPO #6 regarding the average
minimum lot depth of lots 4 and 9 has been noted and examined
by the Planning Staff. Lots 4 and 9 do meet this standard.
Page 9 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
The front property line of each of these two lots is that line
which abuts the private drive. Lot depth is defined in
Section 18.26.030 of the Community Development Code as:
The distance from the midpoint of the front lot line to
the midpoint of the rear lot line.
Therefore, the lot depth for each of these two lots is shown
to be 70 feet. The lot depth on the east is 45 feet and the
lot depth on the west is 140 feet. Therefore, each of these
two lots possess and average minimum lot depth which is
greater than 50 feet.
2. Chapter 18.80 (Solar Access)
Due to the size and shape of the subject site, and the
orientation of the existing adjacent streets, two (2) of the
proposed 9 lots meet this basic requirement. Specifically,
lots 7 and 8 meet the basic solar requirement. Lots 4, 5, 6
and 9 do not met the 90 foot north /south dimensional
requirement. Lots 1, 2 and 3 do not have a front lot line
that is oriented within 30 degrees of a true east -west access.
Eighty percent compliance with this ordinance requires that 7
of the 9 lots meet the basic standards.
The solar access requirements in section 18.88.040(E)
(Adjustments to Design Standards) state that the approval
authority shall reduce the percentage of lots that must comply
with section 18.88.040 (C) (Design Standards) to the minimum
extent necessary if it finds the applicant has shown it would
cause or is subject to one or more of the following
conditions:
1. Adverse impacts on density and cost or amenities;
and
2. Impacts of existing shade.
The configuration, size and placement of this site requires
that the existing public streets be utilized to provide
adequate access to this site. The constraints of the project
boundaries prevent this development site from being divided in
a such a way as to achieve solar accessibility for 80% of the
proposed lots without causing adverse impacts on density, cost
and feasibility. Specifically, the north -south dimension of
this site is not large enough to allow a further westerly
continuation of SW View Terrace without a loss of lots as
approved. The extension of SW View Terrace through the site
to SW 97th Avenue would reduce the number of potential lots to
seven. In addition, in order for lots 5 and 6 to attain a
Page 10 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
minimum 90 foot north -south dimension, the north -south
dimension of lots 7 and 8 would be reduced to only
approximately 45 feet.
Therefore, due to the orientation of the existing streets, two
(2) lots (lots number 1 and 2) should be adjusted out as per
section 18.88.040 (E)(1) (a) (Adjustments to Design Standard).
Since the proposed street alignment provides for the logical
extension of SW View Terrace, and in order to maintain the
approximate density allowed, lots number 5, 6 and 9 should
also be adjusted out. The lots which have been adjusted out,
plus those lots which conform with the basic requirement, will
equal the required 80% conformance with the Solar Access code
section. Subsequently, lots number 3 and 4 shall be
interpreted as constituting the initial 20% of lots which are
relieved from this Solar Access requirement. Therefore, this
application conforms to this code section.
3. Chapter 18.92 (Density Standards).
The proposed subdivision complies with the density standards
of Chapter 18.92 because the 2.09 acre net developable area of
the site yields an opportunity for approximately 10.59
dwelling units under the R -4.5 zoning designation. The
application proposes the creation of 9 lots with an average
lot size of approximately 8,828 square feet.
4. Chapter 18.102 (Intersection Visibility).
Chapter 18.102 requires that adequate vision be provided at
road intersections. This shall be satisfied by adherence to
the required building setbacks for the R -4.5 zoning district.
Additionally, placement of any future proposed subdivision
identification sign will require the issuance of a sign permit
from the Planning Department. 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. Chapter 18.108 (Access).
The proposal is consistent with the access requirements of
Chapter 18.108 because six of the nine lots are provided with
safe and adequate access to abutting streets. As previously
stated by the Fire District, the length of the hammerhead
turnaround should be enlarged from 40 feet to 45 feet on each
side of the centerline of the private drive. This would allow
adequate maneuvering of emergency vehicles in ability to
access lots number 3, 4 and 9. Code section 18.164.060(B)
(Lot Frontage) states that each lot created through a process
other than a minor land partition shall abut a street other
Page 11 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
than an alley for a width of at least 25 feet. It is shown on
the proposed plat that lot number three abuts the private
drive for a distance of 25 feet. Therefore, this proposed
subdivision complies with the requirements of this section.
Additionally, in response to the concern of NPO #6 regarding
the approval of a private residential access drive, Code
section 18.108.070 states that such drives are permitted and
shall be provided and maintained in accordance with the
provisions of section 10.207 of the Uniform Fire Code. This
code section also requires that a private access drive which
serves 3 -6 residences shall be a minimum of 30 feet wide with
a minimum pavement width of 24 feet (curbs and walkway
required). This is shown on the applicant's preliminary plat
and shall be required in the approved development.
Finally, it is apparent from examining City Council's decision
in the Castile subdivision, that various alignment options
have been reviewed and that Council anticipates that Mt. View
Terrace could be swung north and that Mt. View Lane could be
used as a connection east to SW 97th Avenue. This is a
logical extension of the local street network, although it
will restrict the development pattern of tax lot 1200. Mt.
View Lane is approximately the mid point between Inez and
McDonald and would therefore be a logical street to extend
westward to 97th. Also, if and when Mt. View Lane is
constructed, it is possible to design these improvements so
that tax lot 1200 will only be responsible for a half street
dedication and half street improvements, thereby reducing the
impact of this connection on the property. Nonetheless, the
ultimate resolution of access questions for tax lot 1200 is
beyond the scope of this quasi - judicial matter. Access for
tax lot 1200 will be determined if and when tax lot 1200
requests subdivision approval.
6. Chapter 18.150 (Tree Removal).
Chapter 18.150 requires a permit and contains standards for
removal of trees having a trunk 6 inches or more in diameter
four feet above the ground on undeveloped land. A permit for
tree removal must comply with the following criteria:
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;
Page 12 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
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.
The proposed development's public and private accesses,
utilities, and residences will require the removal of a small
number of trees. However, the number of trees removed should
be minimized through careful study of the site to be
accomplished prior to the submittal of a tree removal permit
application. Care shall be taken to retain as many mature
trees as possible through careful site planning. Minimizing
tree removal should be a benefit to the proposed development
in both increased property values as well as atmosphere. No
tree removal or grading shall be allowed to occur prior to
Planning Division staff review and approval of a tree removal
permit.
7. Chapter 18.160 (Land Division Standards).
The proposed subdivision complies with Chapter 18.160 because:
a. The proposed subdivision complies with the
Comprehensive Plan Map designation density opportunity
for the site and with the applicable plan policies, the
regulations of the R -4.5 zone, and other applicable
regulations;
b. This subdivision is proposed to be listed as the
Taylor's Place subdivision. There is no known
subdivision which carries this name at this time;
c. The Planning Department has determined that the
proposed public and private accesses will provide for
adequate and safe access and egress to and from the site.
Additionally, due to the physical constraints of the
shape and size of this site, and the existing adjacent
road patterns, the proposed lot configuration is
reasonable to allow residential development of this
property at a density that closely conforms to the Plan
and zone designations. Such access will provide adequate
ingress and egress to al proposed lots.
Page 13 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
8. Chapter 18.164 (Street Utility Standards).
The proposed subdivision is consistent with the requirements
of Chapter 18.164 because:
a. The applicant will be required to improve both the
SW 97th Avenue and SW View Terrace frontages of the site
to the appropriate City street standards for both major
collector and local streets, respectively, as previously
state by the Engineering Department.
b. The proposed roadway preliminary designs are
consistent with City of Tigard public roadway standards.
The applicant will be required to provide half- street
improvements along the site frontage of SW 97th Avenue
along with full -width street improvements along the site
frontage of the extension of SW View Terrace.
c. The proposed lots are consistent with Code standards
for maximum lot depth -to -width ratio and other lot
dimensional standards. All lots to which this code is
applicable are consistent with section 18.164.060(B)
which requires a minimum of 25 feet of street frontage
for lots created through the subdivision process.
d. The preliminary subdivision plan indicates that
sidewalks shall be installed along the site's frontage of
SW 97th Avenue and along both sides of the extension of
SW View Terrace. A walkway on at least one side of the
private drive shall be required.
e. The applicant proposes the installation of a
sanitary sewer line to provide access to all parcels
within this subdivision.
f. The applicant will secure adequate provisions for
storm water runoff as well as the dedication of any
necessary easements for the storm drainage facilities.
B. Compliance with Comprehensive Plan Policies.
The proposal is consistent with the applicable Comprehensive Plan
Policies based upon the following findings:
1. Policy 2.1.1 provides the City will assure that citizens
will be provided an opportunity to be involved in the planning
process. The proposed 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 and to owners of property in the vicinity of the
site. The proposed development site has been posted with a
Page 14 - Hearings Officer decision
SUB 91 -0015 (Taylor's Place)
sign noting that a land use or development application on this
site was pending. Public testimony regarding the proposal was
received and duly considered at the Hearing Officer's December
9, 1991 hearing.
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. In order
to comply with this Policy, a condition is warranted to
require the applicant to submit an erosion control plan
ensuring compliance with erosion control standards for the
Tualatin River Basin, as part of the grading permit
application. Also, a condition requiring an on -site water
quality facility is necessary to implement recent DEQ
regulations.
3. Policies 7.1.2, 7.3.1 and 7.4.4 provide that 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.
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 telephone, electricity, and cable television
lines. Additionally, the City will assist in the coordination
of the provision of water services with Tigard Water District.
4. Policy 8.1.1 provides the City will plan for safe and
efficient street and roadway system that meets current needs
and anticipated future growth and development. Additionally,
Policy 8.1.3 provides the City will require as a precondition
of approval that:
a. Development abuts a dedicated street or has 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 and 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.
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SUB 91 -0015 (Taylor's Place)
The subdivision proposal complies with Policy 8.1.1 and 8.1.3
because this development abuts a dedicated public street. The
proposed improvements to the public streets adjoining this site
will be consistent with City of Tigard road improvements standards.
Additionally, the City of Tigard Engineering Department has
developed a conceptual plan for the transportation pattern in this
area. This plan calls for the westerly extension of SW Mountain
View Lane until it intersects with SW 97th Avenue; thereby creating
a through connection between SW 97th Avenue and SW 93rd Avenue.
This street extension and right -of -way dedication will be the
responsibility of tax lots 107, 1100 and 1200 when these properties
develop. Therefore, the traffic circulation concerns of both the
Police Department and NPO #6 shall be addressed upon further
development of this area.
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and area that could be
affected by the proposed subdivision and disclosed this visit at
the hearing.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed subdivision will
promote the general welfare of the City, and will not be
significantly detrimental nor injurious to surrounding land uses,
provided development that .occurs after this decision complies with
applicable local, state, and federal law.
In recognition of the findings and conclusions contained herein,
and incorporating the Staff Report and other reports of affected
agencies and public testimony and exhibits received in this matter,
the Hearings Officer hereby approves SUB 91 -0015 (Taylor's Place),
subject to the following Conditions of Approval:
UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND
COMPLETION OF PUBLIC IMPROVEMENTS FINANCIALLY SECURED PRIOR TO
RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. CONTACT
DEVELOPMENT REVIEW ENGINEER CHRIS DAVIES FOR ALL CONDITIONS OF
APPROVAL, UNLESS OTHERWISE NOTED.
1. The applicant shall provide for and install a pubic line
within a 15 foot public storm drainage easement along the west
property line of Lot 7.
2. The applicant shall provide for and install a public line
within a 15 foot public storm drainage easement along the
north property line of Lots 1, 3, 4, and 5; or provide
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SUB 91 -0015 (Taylor's Place)
evidence to the Engineering Department that the private storm
lines from the individuals lots have access to the public
storm sewer system.
3. A joint use and maintenance agreement for a common
driveway shall be executed for Lots 1 and 2.
4. Prior to the City's signing of the Subdivision Plat the
applicant shall provide a Title Report for Subdivision
Guarantee to the Engineering Department.
5. Private storm drains shall be provided as required by the
Building Division for lots 1. 2, 3, 4 and 5. Easements shall
be provided where crossing other properties. A joint access
and maintenance agreement shall be recorded with each lot
accessing a private storm drain. As follows:
Lots 1, 2, 4, and 5 shall have an equal right to use and
an obligation to operate and maintain the private
drainage facilities within the private or public drainage
easements as shown.
STAFF CONTACT: Brad Roast, Building Division (639 -4171)
6. A plan shall be submitted to the Building Division
showing the location of all underground private utilities for
the existing building. If they cross over new property lines,
they shall be provided with easements. STAFF CONTACT: Brad
Roast, Building Division.
7. The Hammerhead turnaround shall be extended so that it is
45 feet in both directions from the centerline of the private
drive.
8. 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.
9. 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."
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SUB 91 -0015 (Taylor's Place)
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10. The applicant shall demonstrate that storm drainage
runoff can be discharged into the existing drainage ways
without significantly impacting properties downstream.
11. 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 e 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.
12. 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.
13. 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 starting 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.
14. The finish grade of the lots shall have a maximum slope
of 2:1, or the engineer shall certify the stability of the
steeper slope. This will include the slope and fill from the
excavation for the foundations of the structures. STAFF
CONTACT: Brad Roast, Building Division.
15. The private drive shall be paved or monetary performance
assurance shall be provided. The installation of the drive
shall be inspected by the Engineering Department.
16. Fire hydrants are required within 500 feet of each
building. Measurements shall be made around the outside and
along access roadways. Approval of the location(s) shall be
coordinated with the Tigard Water District. STAFF CONTACT:
Gene Birchell, Fire District #1 (526 -2501)
17. "No Parking" signs shall be placed along both sides of
the private drive and in the Hammerhead turnaround.
18. The applicant shall install a water quality facility
meeting the requirements of Resolution and Order No. 91 -47 as
approved and adopted by the Unified Sewerage Agency of
Washington County. Alternatively, the City Engineer may waive
this requirement to the extent allowed by the regulations of
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SUB 91 -0015 (Taylor's Place)
•
r
Environmental Quality Commission and Unified Sewerage Agency
as they exist at the time the Public Improvement plans are
approved.
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS
RECORDED WITHIN 18 MONTH OF THE EFFECTIVE DATE OF THIS DECISION.
DATED this 19th day of December, 1991.
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Phillip s. Grillo, Hearings Officer
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SUB 91 -0015 (Taylor's Place)