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Planning Commission Packet - 12/19/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT December 19, 1978 Tigard City Hall 12420 S.W. Main Street - Tigard, Oregon Docket: Minor Land Partition MLP 17-78 Request: To partition a 4.17 acre parcel into .43 acre and 3.74 acre lots. Location: 9845 S.W. Walnut Place (Wash. Co. Tax Map 2S1 2BD, Tax Lot 1600) . Applicant: Tigard United Methodist Church I. Findings of Fact: 1. The applicant is requesting a minor land partition in accordance with Tigard Municipal Code Sec. 17.24.020 - 17.24.050 to partition tax lot 1600 into two parcels. 2. The tax lot is divided into two parcels by a public street (Walnut Place) which cuts across the northern portion of the lot from west to east ending on the lot's northeastern property line. The parcel to the north of Walnut Place is .43 acres in size and the parcel to the south. of the street is 3.74 acres in size. 3. Walnut Place has a right-of-way width of 50 feet and is improved with paving and curbs but no sidewalks. • 4. The portion of the site to the south of the public street is occupied by the Tigard Methodist Church and its parking area. The area on the northern side of Walnut Place is vacant. 5. The site is currently zoned A-2 "Multifamily Residential". The NPO #1 Plan designation for the northern portion of the site is Highway Commercial. The southern portion of the site is designated as urban medium density. 6. Water and sewer are adequate and available to the site. II. Conclusionary Findings: 1. The applicant's proposal to divide the parcel into two lots as defined by the public street which traverses the property is in conformance with the comprehensive plan. 2. The two lots as proposed are of adequate size and shape to meet the zoning requirements of the Tigard Municipal Code. 3. Access to the site is adequate and services to the site are adequate. III. Staff Recommendation: Staff recommends approval as submitted. XE ETH L WEA 4rR °- ti STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT December 12, 1978 Tigard City Hall 12420 S.W. Main Street - Tigard, Oregon 97223 Docket: Minor Land Partition (MLP 18-78) Request: To partition a .95 acre site and alter the boundaries of the adjacent .38 acre lot to provide two additional tax lots for duplexes in a- t. "R-7" Single Family Residential zone. Location: 11000S.W. 121st Avenue (Wash. Co. Tax Map 1S1 34CA, Tax Lots 600 & 614) Applicant: Mr. & Mrs. Henry B. Williams I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the Tigard Community Plan 1971 and zoned "R-7" Single Family Residential. 2. The subject site has been approved for duplexes as a conditional use by the Planning Commission (8/16/78 Planning Commission meeting) with the condition that the applicant obtain a minor land partition. 3. The applicant is applying for a minor land partition in accordance with the Tigard Municipal Code, Sec. 17.2.4.010-17.24.050. 4. The site is currently occupied by a single family home located in the northwest corner of tam lot 600 and a single family home located to the rear of the site on tax lot 614. Large evergreen trees are located behind the house and along the north property line. 5. Surrounding land uses are single family homes to the east and south; a church parsonage is located to the north; and to the west across S.W. 121st is an old farm house and orchard. 6. The applicant is requesting to partition tax lot 600 and alter the boundary of tax lot 614 to create two duplex lots and two single family lots. Tax Lot 614 will be reduced in size to allow for access to the duplex lots. The single family lot to be partitioned from tax lot 600 will be 21,870 square feet, the duplex lots A & B will be 14,250 square feet and 12,640 square feet respectively and the remaining single family lot on tax lot 614 will be 8,960 square feet in size. All the lots with the exception of the single family lot fronting on S.W. 121st will be shaped as flag lots. 7. Access for the two duplex lots and the single family lot on the southeastern portion of the site would be on ten foot easements. The west duplex lot would have a 210 foot driveway, the east duplex lot would have a driveway that would run for a distance of 230 feet in an easterly direction then 90 feet in a northerly direction before emerging into the larger portion of the parcel. 8. The minimum access requirements for residential buildings are as follows: one dwelling unit requires 10 foot minimum access width, two dwelling units require 10 foot minimum access width per unit with hard surface paving over 80% of the required width, three to five dwelling units require one access with a minimum width of 30 feet with hard surface paving over 80% of the required width (Tigard Municipal Code 18.64.020) . it , a STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT December 12, 1978 MLP 18-78 . Page 2 9. Southwest 121st is in substandard condition with no curbs or sidewalks and with a right-of-way of 50 feet. Southwest 121st is designated as a collector street in the Tigard Community Plan with the following standards: 1. Right-of-way width 60 foot minimum. 2. Pavement width 44 feet. 10. Water service is available to the site from the Tigard Water District eight inch line in S.W. 121st. Sanitary sewer would have to be extended from either an eight inch line in 119th Avenue or from an eight inch line in S.W. Manzanita Court. The homes on' the subject site are currently on a septic system. 11. The Washington County Health Department Standards for septic systems for dwellings or public water require a minimum lot size of 20,000 square feet per septic system provided the soil type is acceptable. 12. Under Unified Sewer Agency rules and regulations (Section 5 of Resolution #70--12) "buildings within 300 feet of a sewer line must be connected to it no later than 3 years after it becomes available or earlier if ordered." II. Conclusionary Findings: 1. There is adequate access to the proposed lots provided the appropriate easement agreements are written into the deed allowing lots A, B & C use of the combined access way. 2. The proposed lots would be too small to allow the dwelling units to be on septic systems with the exception of the 21,870 square foot lot which should be required to hookup to sewer as it is within 300 feet of a line. 3. There are large (over 2 foot diameter) trees on the site which could be in jeopardy due to the lotting pattern of the site. III. Staff Recommendations: Staff recommends approval with the following conditions: I . That the existing single family homes and the proposed duplexes be required to hookup to the available sewer lines prior to the issuance of building permits. 2. That the applicant dedicate five feet of land to the City along S.W. 121st and that the applicant sign a rionremonstrance agreement for future LID's for the street improvement to S.W. 121st to collector street standards. lit I . - . ., 1 STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT December 12, 1978 liii, MLP 18-78 I! Page 3 3. That the access drive to the lots not fronting entirely on S.W. 121st i be improved to City standards for three to five dwelling units with hard surface pavement over 80% of the required access width of 30 feet. , 4. That the appropriate easement agreements be written into the deeds , allowing lots A, B, & C use of the combined access way and that the easement agreement be approved by the City Attorney, 5. That appropriate landscaping be provided along the access drive on the southern property line of the proposed site to screen the drive from the adjacent single family homes, . , ..e , , 1 ETH L. EVER Planning Director (L. 1 ■ 1 ■ ■ ,. t-- i ■ ■ t 1 4: 1 1 t STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT November 29, 1978 Tigard City Hall 12420 S.W. Main St. Tigard, Oregon Docket: Subdivision S 14-78 Request: For seven duplexes in a R-7 "Single Family Residential" zone on a two acre parcel . Location: S.W, Bonita Road, east of Hall Boulevard (plash, Co, Tax Map 251 12B, Tax Lot 1700 (east. 1/2) . Applicant: Getty Construction I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the NPO #5 Plan and zoned R-7, "Single Family Residential 2 . Section 18. 20. 020 (1) of the Tigard Municipal Code permits "Duplex residential, with a minimum lot of 10,000 square feet: one duplex per lot or two single family attached units with a minimum lot area of 5, 000 square feet per units. " In the event it appears that it is not practical to divide a legal lot into two lots of 5, 000 square feet each, the planning director may approve the division not- withstanding the fact that one lot is less than 5, 000 square feet, provided, however, that no such lot shall be smaller than 4 , 250 square feet. 3 . The applicable policy from the Tigard Housing text is the following: Policy 15 : Provide greater diversity of housing density (e.g. , duplexes , four-plex, attached single family units, etc. ) . II. Staff Observations: 1. The site is a relatively flat, vacant parcel surrounded by apartments on the north; residences to the east; pasture to the south; and a home on the western portion of the tax lot. This western portion is designated on the NPO #5 Plan as commercial and zoned C-5, "Limited Neighborhood Commercial. " 2 . The applicant is proposing to develop a seven lot duplex subdivision on 10, 000 square foot minimum lots bordered on the north by Bonita Road and to the west approximately 310 feet by Hall Boulevard. 3 . Southwest Bonita Road is designated a collector street on the NPO #5 Plan, requiring 60 feet of right-of-way, where 40 of dedication is needed alon n the parcel'sistreetefrontae. =' ( feet presently exists. Norma g P g STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT November 29 , 1978 S .14-78 (Getty Addition) '.' Page 2 • However, the road takes a bend at this point due to the severity of the slope (in excess of 25 percent) on the north side of Bonita directly across from the site. This slope therefore requires all widening to take place on the south side of Bonita Road. This requirement is justified by two facts: (1) It is unlikely that the two properties to the ,north will be able to gain access from Bonita due to the slope problem. In fact, the western parcel, which is presently developed multi-family, gains access from Hall Boulevard. (2) The subject property, when completely developed, will consist of a neighborhood convenience shopping center and (if approved) a duplex subdivision. Therefore, this property substantially benefits from the access provided by Bonita and should therefore be expected to provide for theupgrading necessitated by the con- tinued development of properties abutting its frontage. Therefore, the additional 20 feet of right-of-way should be provided on the south side of the street to facilitate lessening the additional engineering and costs entailed in the improvement of Bonita Road at this location. 4. The location of duplexes adjacent a designated neighborhood shopping area along the west side of the proposed develop- ment would provide a transitional land use between the single family residents to the east and the designated single family properties to the south. The same buffering effect would be provided along the northern portion of the site that fronts on Bonita Road. Southwest Bonita is a collector Street, and there are apartments directly across from the proposed development. 5. Sanitary sewer is available to the site via a ten inch line just north of Bonita Road. Water service is also available from the Tigard Water District's eight inch line and 16 inch high pressure line in Bonita. III. Conclusionary Findings: 1. This request conforms to the density limitations of the R-7 zone (Single Family Residential) and Urban Low Density Residential designation of the NPO #5 Plan . 2. The duplexes will provide a buffer between single family homes and the property to the west at such time as it is developed commercially and will also provide a buffer between the apartments to the north and the homes to the east and single family development to the south. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT November 29, 1978 S 14-78 (Getty Addition) Page 3 3. There is an identified public need to provide a diversity of housing types within the community, according to policies set out in the Housing Plan. 4. The proposed cul-de-sac street creates a future problem of traffic circulation and distribution. Therefore, it would be necessary to have the street extend south on future development parcels. IV. Staff Recommendation: Staff Recommends approval of a six lot subdivision with the following conditions: 1. That construction and drainage plans (both on and off site) be submitted and approved by the Building and Engineering Departments prior to issuance of permits. 2. That the proposed street into the subdivision from Bonita be continued to its most southern property line with a street plug element for future street extension south. /7 1 d NNETH L.WEA ER Planning Director STAFF REPORT - FINAL ACTION November 16, 1978 TIGARD PLANNING DEPARTMENT City Hall 12420 S .W. Main St. - Tigard, Oregon Docket: Minor Land Partition 16-78 Request: To divide a 5. 76 acre parcel into two parcels in a A-2 "Multi-Family Residential" zone. Location: 13075 S.W. Ash (Wash. Co. Tax Map 2S1 2AC, Tax Lot 2300) . Applicant: Adoph J. Hanneman I . Findings of Fact: 1. The applicant is requesting permission in accordance with Section 17.24. 030 of the Tigard Municipal Code, to divide a 5 . 76 acre parcel into a . 498 acre and 5 .262 acre lots. 2 . The site is designated on the NPO #1 Plan as "Urban Medium- Density" residential and zoned A-2 .. 3 . The site is bounded by single family homes on the west and open space greenway to the east and north, to the south and southeast are multi-family homes and open space. 4 . The northeastern 1/3 of the property is a greenway area as designated on the NPO #1 Plan . 5 . Southwest Ash Street is in substandard condition, gravel surface, no curbs or sidewalks. 6. Southwest Ash Street is designated as a local street with a right-of-way width of 50 feet and a pavement width of 34 feet in the NPO #1 . The current right-of-way width is 40 feet. 7. Water is available to the site from Ash Street. Sanitary sewer service is available from an 8 inch line on S.W. Ash Street. II. Conclusionary Findings: 1 . The proposed parcels conform to the NPO #1 Plan designation of "Urban Medium-Density" and the current A-2 zone . The lots are substantially above the minimum lot size for multi-family dwellings. 2 . Adequate water and sewer are available to the site. 3 . The right-of-way width on S.W. Ash Street is inadequate for a local street. 4. The proposed lots meet the minimum access requirement for multi-family dwellings. 5 . Portions of the identified city wide "Greenway System" within the subject site boundary as described in the Environmental Design and Open Space Plan (Ordinance 77-70 Adopted on August 8 , 1977) . STAFF REPORT FINAL ACTION November 16, 1978 TIGARD PLANNING DEPARTMENT Page 2 III . Final Action: Based on the findings of fact as stated above, the referenced minor land partition is hereby approved with the following conditions: 1. That an agreement not to remonstrate against the formation 1 of a local improvement district for street improvements to S .W. Ash Street (to local street standards) be filed 'with 1 the City Recorder. 2 . That an additional five (5) feet of right-of-way be dedicated to the city on S.W. Ash Street. 3. That the applicant file an agreement not to remonstrate against the future improvement of the above dedicated street in Condition #2 . 4. That applicant dedicate the "Greenway" area in the subject pro -rty to the City. AllOP NNETH L L. W .y= R Planning Director IC jj as ti i l ti • t I imat , Sii , rii STAFF REPORT - FINAL .ACTION `! October 23, 1978 4Ym TIGARD PLANNING DEPARTMENT CITY HALL 12420 S .W. Main St. - Tigard, Oregon Docket: Minor Land Partition 12-78 Request: To divide a . 96 acre parcel into three parcels in a R-7 "Single Family Residential" zone. Location: S.W. Dakota Street, east of 95th (Wash. Co. Tax Map 1S1 35AC, Tax Lot 500) Applicant: Bill Godwin I. Findings of Fact: 1. The applicant is requesting permission in accordance with Section 17. 24 .030 of the Tigard Municipal Code, to divide a . 96 acre parcel into 11,750 , 10 ,250 and 20 ,000 square foot parcels on the north side of Dakota Street, east of S .W. 95th. 2 . The site and surrounding area is designated on the NPO #2 Plan as "Urban Low Density" residential and zoned R-7 which has the following applicable requirements : o 7,500 square .footminimum lot size (18 .20 . 030 Tigard Municipal Code. ) o Five foot side yard setback for one story building (18 .20 . 060 Tigard Municipal Code) . 3. The site is bounded by single family homes on the west and groves of oak trees to the east, north and southeast. To the south and southwest are single family homes on large lots . There is an existing residence on the southern portion of the lot. 4 . The northern 2/3 of the property is a wetland area where ground water is seasonally within 12 feet of the surface. 5. North Dakota Street is in substandard condition, gravel surface, no curbs or sidewalks . 6 . North Dakota Street is designated as a collector street with a right-of-way width of 60 feet and a pavement width of 44 feet in the NPO #2 . The current right-of-way width is 50 feet. 7 . Water is available to the site from a four (4) inch line in N. Dakota Street. Sanitary sewer service is available from an 8 inch line Metzger line in S .W. Dakota Street. 8 . Lots 2 and 1 are proposed as flag .shaped lots with 10 foot wide parallel accesses along the gestern lot line of Tax Lot 500. The existing residence has access directly onto Dakota approximately 50 feet to the east of the proposed access drives. ' i I STAFF REPORT - FINAL ACTION October 23 , 1978 TIGARD PLANNING DEPARTMENT MLP 12-78 s. Page 2 II . Conclusionary Findings: 1. The proposed parcels conform to the NPO #2 Plan designation of "Urban Low Density" and the current R-7 zone . The lots are substantially above the minimum lot size for single family dwellings. 2. Adequate water and sewer are available to the site . 3. The right-of-way width on N. Dakota Street is inadequate for a collector street. • 4. The proposed lots meet the minimum access requirement for single family dwellings with 10 feet of access for each of the northerly lots. III . Final Action: Based on the findings of fact as stated above the proposed minor land partition is hereby approved with the following conditions : • 1. That an agreement not to remonstrate against the formation t' of a local improvement district for street improvements to N. Dakota Street (to collector street standard) be filed with the City Recorder. 2 . That an additional 5 feet of right-of-way be dedicated to 'f the city on N. Dakota. 3. That site drainage plans be submitted and approved by the City Engineer and building department prior to the issuance of any building permits. 4 . That 25 feet of right-of-way along the west property line of Tax Lot 500 from N. Dakota to the north edge of Tax Lot 500 be dedicated to the City and improved to meet the minimum . access requirements for residential use (i .e. 10 feet minimum access width for each dwelling unit up to 3 and 30 foot minimum access width with paving over 80% of the required width for 3-5 dwellings units) . 5. That the applicant file an agreement no to remonstrate against the future improvement of the above dedicated street in Condition #4 . . • / KF NETH WEA CaR Planning Director STAFF REPORT - FINAL ACTION October 23, 1978 TIGARD PLANNING DEPARTMENT CITY HALL 12420 S .W. Main St. - Tigard, Oregon Docket: Minor Land Partition 14-78 Request: To divide a . 87 acre parcel into three (17 ,075 , 8 ,412 and 8,925 square foot parcels )in a R-7 "Single Family Residential" zone Location: S.W. O'Mara Street to the northeast of McDonald Street (Wash. Co. Tax Map 2S1 2CD, Tax Lot 2800 and Tax Lot 2804) Applicant: Martin L. Clayton I . Findings of Fact: 1 . The applicant is requesting permission, in accordance with Section 17 . 24. 030 of the Tigard Municipal Code to divide a . 87 acre parcel into 17 ,075, 8 ,412 and 8,925 square foot parcels on the northwest side of S .W. O'Mara Street. 2 . The site and surrounding area is designated on the NPO #1 Plan as "Urban Low Density" residential and zoned R-7 which has the following applicable requirements : o 7, 500 square foot minimum lot size (18 . 20 .030 (1) Tigard Municipal Code) o Front yard setback of twenty feet (18 . 20 . 060 (1) Tigard Municipal Code) o Side yard setback of five (5) feet for a one story building (18. 20 .060 (2) Tigard Municipal Code) o Rear yard setback of 15 feet (18.20 .060 (3) Tigard Municipal Code) 3 . The parcel has an existing residence on the northwestern portion of the site . The property is surrounded by single family homes with one vacant lot to the rear of the property. 4 . Southwest O'Mara Street is designated as a local street on the NPO #1 Plan and is in substandard condition (e.g. , no curbs, sidewalks, etc. ) The right-of-way for a local street is 50 feet. 5 . Water service is available from a three (3) inch line in S.W. O'Mara. There is currently no sewer available to the site. The existing house is on a septic system. 6 . Lot 1 is being proposed as a flag lot with 20 feet of frontage on S.W. O'Mara Street. Lot 2 as proposed has no frontage on a public street. Lot 3 fronts directly on S .W. O'Mara. it { STAFF REPORT - FINAL ACTION October 23, 1978 TIGARD PLANNING DEPARTMENT MLP 14-78 Page 2 II . Conclusionary Findings : 1. The proposed parcels conform to the NPO #1 Plan designation of "Urban Low Density" . 2 . The lots are above the minimum lot size requirements for an R-7 zone. 3. Lots 1 and 3 meet the access requirements for single family dwellings. Lot 2 as , proposed does not. 4 . Lots 1 and 2 are unbuildable until sewer is available to the site. 5. The right-of-way width for S.W. O'Mara Street is inadequate . III . Final Action: Based on the findings of fact as stated above the proposed minor land partitioning is hereby approved subject to the following conditions: 1. That an agreement not to remonstrate against the formation of a local improvement district for street improvements along S .W. O'Mara (to local street standards) and an agree- ment not to remonstrate against the formation of a local improvement district for sewer service be filed with the City Recorder. 2 . That an additional five (5) feet of right-of-way be dedicated along S.W. O'Mara. 3 . That no building permits be issued for the site until sewer is available. 4 . That 25 feet of right-of-way along the southwestern property line from S.W. O'Mara to the northwest corner of Tax Lot 2800 be dedicated to the city and improved to meet the minimum access requirements for residential use (i .e. 10 foot minimum access width for each dwellung unit up to 3, 30 foot minimum access width with paving over 80% of the required width for I{ 3-5 dwelling units) . '' 5 . That the applicant file an agreement not to remonstrate against the future improvement of the above dedicated street (condition 44) . 't 6 . That lot 3 not have access directly onto S .W. O'Mara. II IL 7. That the applicant submit a sketch map drawn according to Tigard Municipal Code Sec. 17 . 24.020 showing the additional street dedication. , ,.aie, fr_ ) ,r/fr ,NNETH L. WEA anning Director STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT E' October 24, 1978 Tigard City Hall 12420 S .W. Main St. - Tigard, Oregon Docket: Minor Land Partition 15-78 Request: To divide a . 56 acre parcel into two (13 ,282 and 10,954 square foot) parcels in a R-7 "Single Family Residential"ential" zone. Location: S.W. 114th Avenue, south of Gaarde Street (Wash. Co. Tax Map 2S1 10A, Tax Lot 3001) . Applicant: John Knueppel el I. Findings of Fact: 1. The applicant is requesting permission, in accordance with Sect ion 17 .24 . 030 of the Tigard Municipal al Code, to divide a .56 acre parcel into 13, 282 and 10 ,954 square foot pa.r_cels, on the eastside of S.W. 114th, south of Gaarde Street. 2. The site and surrounding area is designated on the NPO #3 Plan as Suburban Density and zoned R-10 which has the following applicable requirements : o 10,000 square foot minimum lot size (18 . 20 . 035 (1) Tigard Municipal Code) . 3 . The site is vacant and slopes to the northeast. It is surrounded by single family homes on large lots. 4. Southwest 114th is designated as a local street on the NPO #3 Plan and is in substandard condition with no curbs or sidewalks. The right-of-way for a local street is 50 feet. 5. Water service is available from a 12 inch line along the southern edge of the property. Sewer service is available from an 8 inch line along the southern edge of the property. 6 . Lots A and B are proposed as flag lots with 20 feet of frontage each on S .W. 114th Street. II . Conclusionary Findings: 1. The proposed parcels are in conformance with the NPO #3 Plan designation of suburban density and the current R-10 zoning. 2 . There is adequate sewer and water for the site. 3. The lots are oversized and the access exceeds the requirements for single family dwellings . STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT October 24 , 1978 MLP 15-78 Page 2 4 . The right-of-way on S.W. 114th is adequate. III . Final Action: Based on the findings of fact as stated above the proposed minor land partition is hereby approved subject to the following condition: 1. That the applicant file an agreement not to remonstrate against a local improvement district for street improve- ments to S.W. 114th (to local street standards) with the City Recorder. ETH L. WEAVER Planning Director STAFF REPORT - FINAL ACTION October:. 23; ,1978 ` TIGARD PLANNING DEPARTMENT CITY HALL 12420 S .W. Main St. - Tigard, Oregon Docket: Minor Land Partition 3-78 Request: To amend the lot lines of the lots formed by MLP 3-78 (approved June 13 , 1978) . Location: S.W. 98th Street , east of Scott Court (Wash. Co. Tax Map 1S1 35CD, Tax Lot 1700) , Applicant: Bill Godwin I. Findings of Fact: 1. The applicant is requesting permission, in accordance with Section 17 . 24 .030 of the Tigard Municipal Code, to alter the lot lines of three (3) previously approved parcels. The existing lot sizes from west to east are 8,050 square feet, 9 , 840 square feet, and 9 ,000 square feet. The proposed new lots sizes are approximately 7 ,506 square feet, 8,235 square feet and 11, 150 square feet respectively. 2. The lot width of all the previously approved parcels will remain the same, The proposed alteration changes only the length of the lots from east to west. 3 . There is an unoccupied existing residence on the lot fronting S .W. 98th Avenue with a non-conforming 15 foot front. setback. 4 . All services are available to the site. 5 . The proposed lots are flag lots with ten (10) foot wide parallel access drives. The lot which fronts on SW 98th Avenue has not access drive. II . Conclusionary Findings: 1. Southwest 98th Avenue is in substandard condition (e.g. , n o curbs, sidewalks , lights, etc. ) . 2. The proposed new lots are within the code requirements for an R-7 zone, and in conformance with the NPO #2 designation of "Urban Low Density" . III . Final Action: Based on the findings of fact as stated above and the staff report for (MLP 3-78 6/13/78) the proposed amendment to MLP 3-78 is hereby approved with the following conditions ; STAFF REPORT FINAL ACTION • October 23, 1978 TIGARD PLANNING DEPARTMENT • MLP 3-78 Page 2 1. That an agreement not to remonstrate against the formation of a local improvement district for street improvements to S.W. 98th Avenue (to local street standards) be filed with I the City Recorder. 2 . That prior to occupancy• a ten (10) foot wide paved driveway be provided adjacent to the existing surfaced drive immediately south of lot 2 and that the ten (10) foot wide pavement be extended to the eastern end of lot 2 . (See Exhibit "A") t NNETH L. 'EAVER Planning Director i • IC 1 d. 1}} f.� ity +11, !�7 y ?"sv4- . , - ( r � ,,,. 7',//< ' POLE. t I r 80.85` 4. 107.15 '- I 1 A 1 1 I 7506.58 Stk.. ' .. 79.5 I 6,,,c-, ?ER POSED UST £Y'ST"N(s ,20- S R NaX 3® o a�. 5 15 1 f cr * r I BILL &�DYY 1W SAN 11 PAY Si nlf.R it' t $-,izeii+ilmrts....,.. :TNT.:AL:: . II SGA:Lt. la PR PA cirl STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT October 2 , 1978 Tigard City Hall 12420 S.W. Main Street - Tigard, Oregon Docket: Subdivision S 11-78 Request: To subdivide a 3. 28 acre parcel into 10 lots in a R-10 "Single Family Residential" zone. Location: Northwestern side of Grant Avenue, 260 feet north of Park Street (Wash. Co. Tax Map 2S1 2CB, Tax Lot 800) Applicant: Mike Duncan I . Finding s of Fact: 1, The applicant is requesting preliminary plat approval in accordance with Section 17.16 . 100 of the Tigard Municipal Code to subdivide a 3. 28 acre parcel into ten lots with a minimum lot size of 10, 000 square feet. 2. The site is designated urban low density residential on the NPO #2 Plan and zoned R-10 (10,000 square foot lot minimum) single family residential. 3. Applicable policies from the NPO #2 Plan are as follows : a. The maximum overall density of development will be 4 dwelling units or 12 persons per gross acre. This amounts to a standard of 7 ,500 square feet of land space. Some areas will have a lower density owing to topography, existing development patterns or the desire of individuals to own a larger lot. b. Residential subdivision will be developed with paved streets, curbs and gutters, street lights , and walkways , according to city or county standards. All utilities will be placed underground. c. Development will coincide with the provisions of public streets, water, and sewerage facilities . These facilities shall be (a) capable of adequately serving intervening properties as well as the proposed development and (b) designed to meet city or county standards. 4. Section 17. 16 .100 states that: No tentative plan for a proposed subdivision and not tentative plan for a major partition shall be approved unless : a. Streets and roads are laid out so as to conform to the plats or subidivision or maps or major partitions already approved for adjoining property as to width, general direction, and in ,all other respects, unless the City determines it to be in the public interest to modify the street or road pattern. STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT October 2 , 1978 S 11-78 Page g e 2 b. Streets and roads held for private use are clearly indicated on the tentative plan, and all reservations or restrictions relating to such private roads and streets are set forth thereon. c. The tentative plan complies with the Comprehensive Plan and applicable zoning regulations of the City then in effect. d. No tentative plan of a subdivision or map of a major partition shall be approved unless there will exist adequate sewage disposal system to support the proposed use of the land described in the proposed plat. 5. The site is relatively flat and the tax lot is vacant with the exception of a few large deciduous and conifer trees. Surrounding land uses are apartments, to the east, single family homes to the south and west, and preschool to the north. 6 . Water service is available to the site from the Tigard Water District via an eight inch line in S .W. Grant Avenue. Sanitary sewer is also available to the site via an eight inch line in S.W. Grant Avenue. 7. S .W. Grant Avenue is designated as a local street on the NPO #2 Plan with 50 feet of right-of-way. Insufficient right-of- way exists and S .W. Grant is in substandard condition. 8. No indication has been given as to how storm water run-off is to be handled. State Law requires that: Rain, storm, and other surface run-off water drained from roofs, paved areas , courts or courtyards shall not be conveyed and discharged to the storm sewers or to the street gutters in a manner which may cause flooding to adjacent property, streets , alleys or walkways. II. Conclusionary Findings : 1. The proposed preliminary plat conforms to the Tigard Community Plan, 1971, in that the proposed lotting pattern is for res- idential purposes and conforms to the dimensional requirements of the zoning code. 2. With the attachment of appropriate conditions, access will be available to all lots, and each lot as proposed will abut a public street. 3. Adequate sanitary sewer and water service are available to service the proposed subdivision. III . Final Action: 4� STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT • Az October 2 , 1978 It S 11-78 Page 3 Based on findings of fact and conclusionary findings the pre- liminary plat for "Blue Jay Court" subdivision is hereby approved subject to the following conditions : 1. That construction and site drainage plans be submitted and approved by the Building and Engineering Department prior to issuance of permits. 2. That street lights along Grant Avenue and throughout the subdivision be installed in accordance with city standards . 3. That all streets in subdivision be to City of Tigard Local Street Standards (50 feet right-of-way, 34 feet paving. ) 4. That the applicant dedicate 5 feet for right-of-way along the contiguous property boundaries of Grant Avenue and half street improvements be made on that portion to City of Tigard local collector street standards. 5. That a tree survey be submitted to the Community Design Planner for approval, indicating significant vegetation location and size. Also, that significant vegetation be retained where possible . 6 . That the area described as "Landscape Island" be maintained by a Homeowners Association and landscaped by applicant to the approval of the Community Design Planner ' s specification. NNET L. W 'AVER Planning Director • STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT October 11, 1978 Tigard City Ball 12420 S .W. Main St. - Tigard, Oregon Docket: Major Land Partition MLP 1-78 Request: To partition a 28 acre site into a 7. 9 acre and a 20 .1 acre parcel. Parcels are currently zoned C4-PD and RU-4 respectively. Location: Southwest 122nd and Scholls Ferry Road (Wash. Co. Tax Map 1S1 34B, Tax Lot 400) . Applicant: Mercury Development Inc. I . Findings of Fact: 1. The applicant is requesting permission to partition a 28 acre parcel into a 7. 9 acre parcel and a 20 .1 acre parcel in accordance with Section 17 . 24. 030 of the Tigard Municipal Code. 2 . The 7 . 9 acre parcel is zoned C4-PD. The remaining 20 .1 acres are zoned RU-4 Washington County. 3. The smaller portion of the property is designated retail/ commercial on the proposed NPO #7 Plan. The remainder is designated "Urban Low Density" . 4. The general plan and program was adopted by Council on July 25 , 1977 (Ordinance No. 77-62) with the following applicable condition:. 1. That S .W. Springwood Drive be improved to City Local Street Standards for a distance of 270 feet west of the intersection of S.W. 122nd and S .W. Springwood Drive. 5. Staff had requested that a subdivision plat or an MLP be submitted simultaneously with the application for a zone change. The applicant ' s request for a MLP was tabled by the Planning Director (May 1978) pending the vacation of S.W. 122nd Avenue. 6 . Washington County approved the vacation of S.W. 122nd Avenue by minute order #78-447 on August 15 , 1978. 7. The property is bounded by S.W. Scholls Ferry Road to the north and S.W. 125th to the west. The adjacent property to the east is zoned C4-PD. To the south the land is vacant and zoned Washington County Suburban Residential. 8 . Southwest 125th is a dead end gravel drive with 20 feet 411 serving a few residences. • Southwest Springwood Drive is an improved local street which extends 265 feet off S .W. 121st to the west. • STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT October 11, 1978 MLP 1-78 Page 2 `' Southwest Scholls Ferry Road is at capacity with a right- of-way of 60 feet. 9. Southwest Schools Ferry Road is designated as a arterial street in the Tigard Community Plan with a minimum right-of- way width of 80 feet. Southwest 125th and S .W. Springwood Drive are designated as local streets with a minimum right- of-way of 50 feet. 10 . The site is vacant wth the exception of an existing residence. A community shopping center is proposed for the 7 .9 acre parcel of the subject property. II . Conclusionary Findings : 1. To improve traffic circulation S .W. Springwood Drive should be extended from its terminus at the eastern edge of the property to S .W. 125th. 2 . Southwest Scholls Ferry Road is in substandard condition, lacking adequate right-of-way curbs and sidewalks . Southwest 125th is in substandard condition needing an additional 30 feet of right-of-way and paving. 3. The City records contain no approved general plan for the zone change (C4-PD) that reflects the conditions of approval of the tentative plan nor does the City records contain a final plan that reflects the conditions or approval of the general plan. The plat plan submitted as a part of the major land partition application should be in accord with the approved general plan. 4 . The proposed partitioning will create two lots with separate zoning. Presently one lot has two zoning designations . III . Staff Recommendations : Staff recommends approval subject to the following conditions : 1. That 20 feet of right-of-way along Scholls Ferry Road be dedicated for public use subject to State Highway Department approval along the length of the property, and that the applicant file an agreement with the City to participate in the improvement of S.W. Scholls Ferry Road to Oregon State Highway Department standards to include a Type I bike path. 2 . That 25 feet of right-of-way be dedicated to the City along S .W. 125th and a half street improvement be completed before any further development applications are accepted. 3. That S .W. Springwood Drive be extended to S .W. 125th improved, to City Local Street Standards and dedicated to the City along with the appropriate right-of-way. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT October 11, 1978 MLP 1-78 Page 3 4,,, That a copy of the approved general plan and program, as defined by Sec. 18 .56 .030 of the Tigard Municipal Code, be submitted to the Planning Director with a site plan showing the extension of S.W. Springwood Drive, before any further development on the property can take place. ✓ ' ''ENNETH L. WEAVER Planning Director STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT September 27, 1978 Tigard City Hall 12420 S.W. Main St. - Tigard, Oregon Docket: Subdivision S 7-78 (Lake Terrace II) Request: To create a seven(7) lot:' ( 7 unit) subdivision on 2 .41 ?. acre parcel in an R-7 "Single Family Residential" zone. Location: S.W. 124th Street, (Wash. Co. Tax Map 2S1 3BB, Tax Lot 100) . I . Findings of Fact: A. Chronological events relating to the subdivision application: 1. March 13, 1978 - The City Council approved the dedication of an easement for the extention of a proposed public street through a dedicated greenway to give access to the proposed Lake Terrace II Subdivision. 2 . June 26 , 1978 - The City Council adopted the ordinance for a zone map amendment from R-15 to R-7. 3. June 14, 1978 - The applicant submitted the application for the proposed subdivision to the Planning Department. 4 . July 6, 1978 - The Acting Planning Director, Mr. Aldie C, Howard, gave verbal approval to Mr. William McMonagle, P.E. , that the application was approved. No written final order was prepared or issued to the applicant. 5. August 14, 1978 - Ordinance 17. 16 . 100 states that within sixty days of the submission of the preliminary plat the Planning Director or his agent will review the plan and reports of the agencies listed in Section 17 . 16 .090 and may give tentative approval of the preliminary plat as submitted or it may be modified; or if disapproved shall express the Planning Director' s disapproval and reasons therefore. The sixty (60) day time limit expired on this date. B. The applicant is requesting preliminary plat approval in accordance with Section 17.16 . 100 of the Tigard Municipal Code to subdivide a 2. 41 acre parcel into seven (7) lots.- surrounding a cul-de-sac. The lots are to be apprbdimately 8,000 square feet . The site is designated as Urban Low Density Residential in the proposed NPO 47 Plan Most of this site is underlain by Wapato Silty Clay Loam (U.S . Soil Conservation Service classification) which is very poorly drained, has a seasonal water table at the 1 STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT September 27, 1978 Page 2 surface or within one foot of the surface, may have ponding in low lying areas, and is subject to flooding. The soil has severe low strength and a fluid seismic response, which could result in the partial if not total loss of bearing strength in the event of a major earthquake. The SCS characteristics indicate that this soil has severe limitations for support of dwellings and shallow excavations. The remainder of the parcel is underlain by Woodburn Silt Loam with a slope of 12% or greater. This soil type has moderately severe low strength posing moderate to severe limitations for shallow excavations and moderate limitations for support of dwellings without basements . There is an earthen dam impounding a sizable lake (Lake Chamberlain) immediately upstream of the site. This structure has no spillway to handle storm overflows and there is no apparent channel or drainage for water below the dam. A major storm could conceivably cause the waters of the lake to rise sufficiently to cause an overflow and breaching of the dam, with resulting threats to the property and lives of residents below on the subject parcel. There is a legal question as to who would be liable for damages in the event of such a occurance - the City, the developer or the owner of the dam. The proposed subdivision does not conform to the Compre- hensive Plan, particularly Policies #1, 2 , 3, and 5 of the Environmental Design and Open Space Plan. Staff is now in the process of implementing this portion of the plan, and more stringent restrictions on development in hazardous areas such as this parcel are being developed. At the barest minimum, sites in sensitive areas will require a detailed development report prior to approval (see Policy #6 of the Environmental Design and Open Space Plan) . Section 17. 16 . 100 of the Tigard Municipal Code states that: "No tentative plan for a proposed subdivision and no tentative plan fog' a major partition shall be approved unless: a. Streets and roads are laid out so as to conform to the plats of subdivision or maps of major partitions already approved for adjoining property as to width, general direction, and in all other respects unless the City determines it to be in the public interest to modify the street or road pattern. • STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT September 27, 1978 Page 3 b. Streets and roads held for private use are clearly indicated on the tentative plan, and all reservations or restrictions relating to such private roads and streets are set forth thereon. c. The tentative plan complies with the Comprehensive Plan and applicable zoning regulations of the City in effect. • d. No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adequate sewage disposal system to support the proposed use of the land described in the proposed plat. " II. Staff Observations and Findings : 1. The site is generally level . It is surrounded by the City Greenway to the north, Lake Terrace I Subdivision to the south and a vacant field now in hay production to the east. 2. Immediately to the south is an earthen filled dam that retains the lake with an approximate volume of 4 million gallons of water. The drainage for the lake is guided through a pipe at the present time. The applicant has stated that he will construct an appropriate spillway to handle any excess water flow. There is a set of two (2) culverts provided along the border of the proposed subdivision which are intended to channel the water that will flow from the proposed spillway to the north and into the creek in the City' s Greenway Park. 3. The site is adequately served by sewer and water. III . Conclusionary Findings: 1. The proposed preliminary plat is defacto or automatically approved because the Planning Director did not deny the application within the sixty (60) days specified in the ordinance. 2 . Construction has already begun on the site. The applicants were relying upon the verbal approval that they were given by the Acting Planning Director on July 6 , 1978. 3. The applicant has layed in fill in six (6) inch layers, and has compacted the fill. 4 . The applicant has stated that he will construct an adequate spillway. STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTMENT Ak September 27, 1978 Page 4 5. The applicant has rebuilt the earth dam to a greater width. IV. Final Action: The preliminary plat for Lake Terrace II is hereby approved. At H L. WEAVER Planning Director