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LUBA1993-191 - Marge Davenport, Beverly Swink BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON MARGE DAVENPORT, ) LUBA NO. 93-191 Petitioner (Lead), ) BEVERLY SWINK, ) • Petitioner, ) vs. ) Index and CITY OF TIGARD, ) Record Respondent, ) Certified to be a True Copy of Original on file Lub& By: ~,r - kett~ City Recorder - City of Tigakfi Date: ~cl~ I G i TRIAD-TIGARD LIMITED PARTNERSHIP SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT REVIEW (SDR 93-0009/PDR 93-0006) (CITY OF TIGARD RESOLUTION NO. 93-57) CITY OF TIGARD PUBLIC HARING RECORD FOR LAND USE BOARD OF APPEALS (CUBA NO. 93-191) 1, Catherine Wheatley, City Recorder for the City of Tigard, certify that the contents within are a true copy of the record. ' Q I q-3 • erine Wheatley, City Recorder Date i TABLE OF CONTENTS Page Statement Certifying the Record of Proceeding i Table of Contents ii - iii Exhibit No. 1 Affidavit of Mailing (Final Order mailed October 29, 1993 - Resolution No. 93-57) 1 - 44 (SDR 93-0009/PDR 93-0006) 2 Council Minutes (Excerpt) - October 26, 1993 45 - 46 3 Affidavit of Publication (October 26, 1993 Council 47 Agenda Synopsis) 4 Agenda for the October 26, 1993 Council Meeting 48 - 50 5 Council Agenda Summary Report for the October 26, 1993 Council Meeting, Item 4 51 • 6 Page 251 of Tigard Community Development Code - 52 Distributed by Ed Murphy, Community Development Director at the October 26, 1993, Council Meeting 7 Council Minutes (Excerpt) - October 12, 1993 53-70 8 Affidavit of Publication (October 12, 1993 Council Agenda Synopsis) 71 9 Affidavit of Publication (October 12, 1993) Public Hearing Notice 72 10 Testimony Sign-In Sheets for 10/12/93 Public Hearing 73 - 74 11 Agenda for the October 12, 1993 Council Meeting 75 - 77 12 Council Agenda Summary Report for the October 12, 1993 Council Meeting, Item 5 78 - 116 13 Written Testimony for 10/12/93 Public Hearing (Letter dated 9/9/93 from Lenore A. Schuster to the . Tigard City Council 117-119 ii Exhibit No. Page 14 Set of Drawings - Arbor Heights Apartments (8 sheets) 120 15 Copies of Overhead Projector Pages used by Ed Murphy, Community Development Director, during Staff Presentation 121-124 16 Map used by Randy Wooley, City Engineer, during Staff Presentation 125 17 Summerfield Neighborhood Map Presented by Beverly Swink during her Testimony 126 18 October 11, 1993 Letter from Marge Davenport to Tigard City Council 127 19 Statement Submitted to Tigard Council by Marge Davenport during her Testimony on October 12, 1993 128-128-a 20 Newspaper Article Submitted to Tigard Council by Marge • Davenport during her Testimony on October 12, 1993 129 21 Copy of Statement on Oregon Department of Fish & Wildlife Stationery Presented by Marge Davenport to the Tigard City Council during her Testimony on October 12, 1993 130 22 Copies of Photographs Presented by Marge Davenport to the Tigard City Council during her Testimony on October 12, 1993 131-133 23 Two Drawings Presented by Marge Davenport during her Testimony on October 12, 1993 134 24 Traffic Information Submitted by Wayne IGttelson during his Testimony on Behalf of the Applicant at the October 12, 1993, Public Hearing 135-141 Audio tapes of Tigard City Council meetings can be made available upon request iii AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) City of Tigard ) 'i n 2 L.(,h-Qcc-F! hereby certify: Please Print That I am a. -e c~Y rl~t for, the City of Tigard,. Oregon. , That I served notice of the Tigard City Council Ab> l Cc O'( ~ /7C, q.3--6-061T - PO cl3-C)LZ<O CL of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the a~ day of 0l&DbX1L-' . 19 C13 • by mailing to each of • them at the address shown on the attached list Marked Exhibit 13), said notice is hereto attached, and deposited in the United States Mail on they' day of 19q3 postage prepaid. OFFiC!AL SEAL M. JOANN HAYES NOTARY PUBLIC-OREGON COMMISSION NO.006513 Prepared Notice MY COMMISSION EXPIRES MAY 5, 1995 Subscribed and sworn to before me this I day of Ao J rte. ~ s Notary 16blic of Oregon My Commission Expires: 51115 h:\login\cadrAafofm 1 LUBA NO. 93-191 Exhibit No. Page No. 1 CITY OF TIGARD Washington County, Oregon -NOTICE OF FINAL ORDER - BY CITY COUNCIL 1. Concerning Case Number(s): SDR 93-0009/PDR 93-0006 2. Name of Owner: Triad Tigard Limited Partnership Name of Applicant: Same 3. Address 320 Andover Park East #235 City Seattle State OR Zip 98188 4. Address of Property: 11165 - 11185 SW Naeve Street Tax Map and Lot No(s).-:. 2S1 10DB, tax lots 100 and 200, 2S1.10AD, tax lot 9300, and 2S1 10AC, tax-lots 600, 700, 800, and 900 5. Request: An appeal of the Planning Commission's decision and final order approving a request for Site Development Review and Planned Development approval of a 348 unit, 17 building, multi-family residential complex on a 26.2 acre parcel. APPLICABLE REVIEW CRITERIA: Planned Development Review approval criteria are found at Community Development Code Section 18.80.120. Site Development Review approval criteria are found at Code Section 18.120.180. In addition, these above listed sections require consistency with the following Community Development Code Chapters: 18.54 18.56 18.84 18.92 18.100 18.102 18.106 18.108 18.114, 18.120, 18.150, and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, • 7.4.4, 7.5.1, 7.6.1, 8.1.1, and 8.1.3. ZONE: R-12(PD) (Residential, 12 units/acre, Planned Development overlay) and R-25(PD) (Residential, 25 units/acre, Planned Development overlay) 6. Action: Approval as requested 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 Citizen Involvement Team Representative X Affected governmental agencies - 8. Final Decision: THE DECISION WAS SIGNED ON ~~'a(~~43 AND BECOMES EFFECTIVE ON DPI / Cl3 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. A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. 9. QUESTIONS: If you have any questions, please call the Tigard City Recorder at 639-4171. i LUBA NO. 93-191 Exhibit No. Page No. CITY OF TIGARD, OREGON rq -J RESOLUTION NO. 93-f?-- IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF APPEALS OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT:. REVIEW APPLICATION (SDR 93-0009/PDR 93-0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP. WHEREAS, the Planning Commission reviewed this case at its meeting of August 16,1993; and WHEREAS, the Planning Commission approved the application subject to certain conditions of approval (Planning Commission Final Order 93-14PC); and WHEREAS, the Planning Commission's decision was- appealed to the City Council by separate appeals filed by Marge Davenport; Beverly Slwirt and WHEREAS, this matter came before the City Council at its meeting of October 12, 1993; and WHEREAS, the Council reviewed the evidence related to the applicants' appeals; NOW, THEREFORE, BE IT RESOLVED that the City council upholds the Planning Commission's decision approving Site Development Review/Planned Development Review application (SDR 93- 0009/PDR 93-0006) with some additional conditions of approval and modification of some of the Commission's conditions of approval. This resolution Is. based upon the facts, findings, conclusions and conditions of approval noted in the attached Exhibit *X. The City Council further orders that the City Recorder send a copy of this resolution and final order to the applicant and appellants as a notice of the final decision in this matter. PASSED: This day of O 1993. Mayor - ity of Tigard ATTEST: dm-&ZA~ Gy City Recorder - City of Tigard " RESOLUTION NO.93-,~j LUBA NO. 93-191 Exhibit No. _ / Page No. -3 ^?•""""y?<t<ict~>.!tf!~bnnne~e~c~rnt:gggqcKxqM;v~,M... . . . EXHIBIT "A" CITY OF TIGARD CITY COUNCIL FINAL ORDER NO. 93-L7 - Cc, u L R~S,,eu~ svL • A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH AFFIRMS WITH MODIFICATIONS PLANNING COMMISSION ORDER NO.93-11PC, WHICH APPROVED AN APPLICATION FOR PLANNED DEVELOPMENT REVIEW DETAILED DEVELOPMENT PLAN APPROVAL, SITE DEVELOPMENT REVIEW APPROVAL, AND ACCESS VARIANCE APPROVAL REQUESTED BY TRIAD 11GARD LIMITED PARTNERSHIP. The Tigard City Council has reviewed the above application at a public hearing on October 12, 1993. The Council has based Its decision on the facts, findIngs, and conclusions noted below. A. FACTS 1. General Informadon CASE: Site Development Review SDR 93-0009 Planned Development Review PDR 93-0006 Sensitive Lands Review SLR 93-0005 REQUEST: Planned Development Review/Site Development Review of a plan for development of a 348 unit, 17 building muitkfamily residential complex on a 26.2 acre property. APPLICANT/ Triad Tigard, Ltd. Partnership OWNER: 320 Andover Park East Seattle, WA 98138 ENGINEER: Kampe Associates, Inc. 3681 SW Carmen Drive Lake Oswego, OR 97035 ARCHITECT: Driscoll Architects 2121 First Avenue, Suite 102 Seattle, WA 98121 LOCATION: 11165-11185 SW Naeve Street. North side of Naeve Street, west of SW 109th Avenue, south of the Little Bull Mountain Apartments (WCTM 28I 1ODB, Tax Lots 100 and 200 [also Tax Lot 300 for public road realignment purposes only]; WCTM 2SI 10AD, Tax Lot 9300; WCTM 2SI 10AC, Tax Lots 600, 700, 800, 900). PLAN DESIGNATION: Medium Density Residential (23 acres) Medium-High Density Residential (4.2 acres) • FINAL ORDER - SDR 934009/PDR 93-0006/SLR 93-0005 TRIAD Page 2 LUBA NO. 93-191 Exhibit No~ Page No. ZONING DESIGNATION: R-12 (PD) (12 units/acre-PlannPri Development overlay) (23 acres) R-25 (PD) (25 units/acre-Planned Development) (4.2 acres) APPLICABLE LAW: Community Development Code Chapters 18.32, 18.54, 18.56, 18.80, 18.84, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.144 and 18.150, and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6. 1, B. 1. 1, and 8.1.3. DECISION: Approve this conceptual development plan as requested subject to conditions. 2. Background Information The subject parcels have been involved in a number of City of Tigard land use and development applications since annexation in 1981. Prior to annexation, the parcels were designated by Washington County with a zoning designation of RU-4 (Residential, 4 units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of the parcels from Low Density Residential to Medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for the properties would be required to be reviewed by the Planning Commission. In December, 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast comer of Durham Road and Pacific • Highway. This approval redesignated these properties from High Density Residential to General Commercial. A result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from- Tiigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7) requires that Tigard provide a housing opportunity for at least 50 percent mud-family units and a net minimum housing density of 10 dwelling units per acre on vacant buildable land within the City's designated planning area. The Albertson's CPA was approved on the condition of redesignabon of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the city, including Tax Lot 200, were considered for increased residential densities to make up for the housing opportunity shortfall created by the Albertson's decision. The western half of Tax Lot 200 and the parcel to the west were proposed for Plan/Zone redesignation from Medium Density Residential/R-12 (PD) to Medium-High Density Residential/R-25 (PD) (Comprehensive Plan Amendment CPA 8707(G)/Zone Change ZC 87-02 (G)). No change in designation was proposed for the eastern half of Tax Lot 200 or the other parcels that are the subject of the current application. Redesignation of the western half of Tax Lot 200 and the adjacent parcel was approved by the City Council on April 13, 1987. In April, 1989, the prior owners of Tax Lot 200 requested a Plan Map Amendment from Medium Density Residential to Medium-High Density Residential, and a Zone Change • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAn Page 3 LUBA NO. 93-191 Exhibit No. Page No. from R-12(PD) (Residential, 12 units/acre, Planned Develop ent) to R-25(PD) (Residential, 25 unit., ;tee, Planned Development) for the ,3tern 4.27 acres of that parcel (Comprehensive Plan Amendment CPA 89-02/Zone Change ZC 89-02). After review by the staff and Planning Commission, the City Council denied the proposed Planned Amendment/Zone Change on April 24, 1989. Tax Lot 100, which is located at the northwest comer of the intersection of SW Naeve Street and SW 109th Avenue, was the subject of a Subdivision/Planned Development review by the Planning Commission on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89.01). That application requested Planned Development conceptual plan approval and subdivision preliminary plat approval to divide the approximately 10.3 acre parcel Into 60 lots intended for single-family residential development The proposed subdivision would have included a north-south street running through the approximate center of the parcel with connections to SW 109th Avenue as well as to the property to the west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the northern end of the subdivision. SW 109th was to be Improved to local street standards and have a number of single-family lots fronting on (L The proposed subdivision was approved by the Planning Commission but the approval has since expired. Also on June 6, 1989, the Planning Commission reviewed a proposal for Planned Development/Site Development Review approval of a request to construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of the previously described proposed subdivision (Planned Development PD 89-02, Site Development Review SDR 89-06, Variance V 89-20). These tax lots are also part of the current application. The Commission approved the proposed development plan which Included a cul-de-sac bulb at the end of the northern segment of SW 109th Avenue, approximately 250 north of the cul-de-sac bulb approved for the single-family subdivision. The proposed dual cul-de-sating of SW 109th Avenue was intended to provide a separation between the predominately multifamily residential character on the top half of Little Bull Mountain from the primarily single-family residential character of the neighborhood along the south slope of Little Bull Mountain and the properties to the south. The Planning Commission's final orders for both the subdivision and apartment proposals, however, noted that if either of the proposed developments did not occur as proposed, it would be necessary to re-evaluate the road patterns in this area. In September, 1989, the Planning Commission was presented with a request to reconsider the application for the proposed 72 unit apartment complex because a significant number of neighboring property owners that were entitled to notice of the public hearing on the matter did not receive notice and did not have the opportunity to testify before the Commission. The City Attorney's office reviewed this request and advised staff that the request be placed on the Commission's November 7, 1990 meeting agenda. The applicant, however, requested that the hearing for reconsideration be indefinitely postponed until the applicant determined whether to pursue the application further. No further action on that application has been taken. The current applicant, Triad Tigard Limited Partnership, first made Site Development Review/Planned Development Review application for development of a 364 unit i FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 4 LUBA NO. 93-191 Exhibit No. Page No. apartment complex for the entire site in early 1990 (SDR 9n-.0004/PDR 90-0002). The proposal was fairly E Iar to the current proposal except 7 there was no public roadway proposed to cut through the site as is currently proposed. The development site was to be bounded by SW Naeve Street and SW 109th Avenue. The Commission approved this prior application subject to conditions on May 11, 1990. The Commission's final order included conditions requiring that the two segments of SW 109th Avenue abutting the site be permanently separated and also closing SW 109th south of Naeve Street (Commission Final Order 90-11). The Planning Commission's decision was reviewed by the City Council on June 25, 1990. The City Council remanded the application back to the Commission for further review regarding the proposed development's potential traffic impacts on nearby streets. Included in the Council's discussions was a possible extension of SW Beef Bend Road from the west through the site to connect with SW 109th. On September 4, 1990, the Commission on remand approved an amended application Including a variance to the maximum local street grade standard for SW 109th Avenue (Commission Final Order 90-22). The approval also required development of an emergency vehicle access connection between SW Naeve Street and SW 109th Avenue in Summerfield, but no public street connection. This decision was appealed to the Council by NPO 6. On appeal, the Council reversed the Planning Commission's approval thereby denying the application (Resolution No. 90-71). The Council's flndirigs in support of this decision indicate that the Council did not find that the public street connection between SW Naeve Street and SW 109th Avenue in Summerfield was acceptable because it would not provide for an efficient neighborhood circulation system and needed connections between residential neighborhoods with Pacific Highway. The Council also was opposed to the development plan's proposal to direct a significant amount of traffic onto an over-steep local street (SW 109th). In addition, the Council was not convinced that a public road or private driveway connection to SW Pacific Highway at the Beef Bend Road intersection was not possible to serve the proposed development. In partial response to the previously described application, NPO 6 requested a Comprehensive Plan Amendment to the Transportation Plan Map to remove the collector street designation from SW Naeve Street and designate a study area in this area seeking a collector street connection between the Pacific Highway/Royalty Parkway signalized intersection and the SW 109th Avenue/Murdock Street intersection, with a possible future connection of this collector street to SW Battler Street. The City Council approved this map change on August 13, 1991 (Ordinance 91-22). The Council's decision was final on September. 13, 1991. The Council's decision was appealed to the Oregon Land Use Board of Appeals (LUBA) by a neighbor of the proposed development site, Marge Davenport. On October 14, 1991, the Planning Commission approved with conditions the current Planned Development Review/Site Development Review application submitted by the applicant (Planning Commission Final Order No. 91-11 PC). This application incorporates the realignment of 109th Avenue approved by the City Council in the current site plan for a 348 unit apartment complex. FINAL ORDER - SDR.93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 5 LUBA NO. 93-191 Exhibit No. / Page No. NPO #6 and Marge F. Davenport separately appealed the- Planning Commission's decision to the Cou. _ I. NPO #6's sole concern was the Vie. completion of site development not occur before construction of .,109th Avenue through to Pacific Highway was completed. Ms. Davenport's appeal raised a number of Issues, including environmental effects, soil stability, and traffic effects. The Council held a • public hearing on the appeal on December 10;=_1991. The hearing was continued to February 25, 1992; March 10, 1992; and April--14, 1992. At the March 14th hearing, the applicant submitted a modified preliminary :site plan that contaned additional open space on the northern boundary of the property. In order- to further minimize any adverse effects the development might have on. vegetation and vvildlife. At this public hearing the Council approved this appleadon y= Marge E. Davenport subsequently appealed the CouncU's approval of this application to the State of Oregon Land Use Board of Appeals (LUBA). This appeal specified a number of concerns. One of those concerns was that the City erred by applying the amended, but as yet unacknowledged, Tigard Transportation Plan Map amendment regarding the extension of SW 109th Avenue. On October 22,-1992, LUBA remanded the application back to-the City on a procedural Issue only, which was that the application-for-development should not have been processed prior to the Comprehensive Plan Map amendment being acknowledged. This amendment is now acknowledged and upheld by LUBA, and the effects of such are taken into account by this current review and recommendation. No other land use or development applications have been reviewed by the City for Tax Lots 600, 700, and 800. • 3. cin' Information The development pattern in the area of the subject site consists of existing duplexes and the 130-unit Timberline apartment development to the north; the Canterbury Woods condominium development to the northeast; single family residences and a nursery on large parcels to the east; an undeveloped parcel covered with tall fir trees to the west (tax lot 300) [NOTE: the Planning Commission has recently approved development of a church on this site]; Pacific Highway and King City further west; and the Summerfield planned community to the south. The Fountains at Summerfield condominium complex Is immediately south of the site. As previously noted, the City's Transportation Plan Map now calls for a minor collector extension of S.W. 109th to be constructed through the subject property. The subject property has approximately 890 feet of frontage on SW Naeve Street which is now functionally classified as a local street. SW Naeve Street is generally substandard in w] width and state of improvements, with the exception of the frontage of the Fountains at Summerfield development to the south. Half-street Improvements, Including approximately 30 feet of pavement, curbs, a sidewalk, and streetlights have been installed along the Fountain's frontage. FINAL ORDER - SDR 93-0009/PDR 9340006/SLR 934=5 TRIAD Page 6 LUBA NO. 93-191 Exhibit No. / Page No. The subject parcels have approximately 1,500 feet of total frontage along the alignment of SW 10: )Avenue. SW logth Avenue, north )the intersection with SW Naeve Street, is a steep gravel road extending approximately 1200 feet to a dead end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet of frontage along this northern section of SW 109th Avenue. Tax lots 600, 700 and Boo have approximately-360 feet of frontage on SW Pacft Highway. Pacific Highway is a - 4-lane divided arterial.. The southwestem comer of the subject site along SW Nam is located approximatey 500 feet east of the Naeve/Pacific Highway Intersection. A left - turn lane Is provided on Pacific Highway for- southbound traffic onto SW Naeve Street. The Intersection of SW Naeve Street and Pacific Highway Is not signalized. 4. Site Informatlon The subject 26.2 acre property previously contained houses on Tax Lots 200, 700, 800, and 9300. AU have been removed except for the house on tax lot 9300 (despite the application's topographic survey and tree- survey still showing these houses to be in existence). The remainder of the. propertyls vaunt, covered with a combination of tall fir trees, lower height deciduous trees, and brush. The property slopes predominantly to the south and southwest at varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800 In the northwestern comer of the site has a slope of greater than 25 percent, as illustrated on the site plan-sheet A100. (6/14/93) 5. Proposal Descrip on The applicants propose to develop a 348 unit apartment complex on this site. The development would include 104 one-bedroom, 148 two-bedroom, and 96 three bedroom units. The development site would be split by a curved collector street connection between SW Naeve Street and SW 109th Avenue intended to conform with the recently adopted Transportation Map amendment for this area. The alignment of SW Naeve Street to the west is proposed to be shifted somewhat northward in order to provide for a 90 degree intersection with this proposed new street. The applicants' revised site plan dated June 14, 1993 modifies -the site plan previously reviewed by the Planning Commission in 1991 by moving the northernmost row of apartments and parking spaces to the south. This revision allows additional coniferous trees and vegetation to be preserved through enlarging the buffer area on the northern boundary of the site. The site plan proposal includes a recreation building located near the center of the site. An outdoor pool and spa, a lounge and sauna within the recreation building, and playground areas and a walking path are proposed to provide recreational facilities for the proposed development The size of the proposed recreation building has been reduced from what was previously proposed. i FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 7 LUBA NO. 93-191 Exhibit No. / Page No. ~1 - gRKK!t!6t!h.... ^<Hfa:~ .7::xxx,,;<. , .:;<v.>:r.> ^her: :•oqt>.......... r - ........n .•n . a.< x ar Hr.... The- steep, wooded area included within tax lots 600, 700 and 800 would not include any new improveme. ) Parking would be provided by 609 total parking spaces consisting of 374 covered parking spaces (combination of carports, separate garages and under apartment • building garages), 14 designated handicapped parking space (all under cover), and Mother uncovered spaces. This .represents a reduction of 52 total parking spaces from what had previously been proposed, with most of the reduction being made } along the central driveway in the northern segment of the proposed complex. The southern section of the proposed development which contains 60 units would be served by one 24-foot wide access driveway from the proposed 109tb-Royalty Parkway connecting street. No driveways to this section of the development would be provided from either SW Naeve Street or SW 109th Avenue, although this area of the development would have a significant amount of frontage on each of these streets. The plans propose dedication- of right-of-way to 25 feet from centerline for both streets as well as the construction of local street Improvements. The northern portion of the proposed development Is proposed to be served by a 24 foot wide main access driveway from the proposed connector street extending northward through the site to a connection with SW 109th Avenue in the northeastern section of the site. The northern section would also be served by two 24-foot wide access driveways onto SW 109th Avenue that would extend westward to connect with the main Internal roadway. A network of five foot wide sidewalks would be provided along the primary roadway and between parking areas aid residential buildings. A north-south soft surfaced pathway would also be provided through landscaped and ; tree covered area on the eastern portion of the site. • The preliminary landscaping plan (sheet L-100) shows existing trees that are proposed to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 800 is to be left with existing vegetation. The landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the portion of the site to be developed in order to create a park-like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. Sheet L-101 provides planting details for the southeastern comer of the northern section of the proposed complex. 6. Agency and NPO Comments The Engineering Dewent has reviewed this proposal and has offered the following comments: STREETS: The -site has frontage onto S.W. 109th Avenue, S.W. Naeve Street, and S.W. Pacific Highway. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 8 LUBA NO. 93-191 Exhibit No. / Page No. o S.W. 109th Avenue is a gravel surfaced street with the nWhern portion unimproved. Currently S.W. 109ti venue runs in a north/south fashic, in the east edge of the development. Based on the preliminary plans, S.W. 109th will be reconfigured. For this report, the following clarification/definitions for S.W. 109th Avenue will be used: A. "Old S.W. 109th" will be that portion of S.W. 109th between the existing intersection of 109th/Naeve north for a distance of approximately 400 feet; B. "New S.W. 109th" will be the alignment spwi ied on the Comprehensive Plan Transportation Map, as follows: (1) From Highway 99W to the new 109th/Naeve intersection (which is approximately 890 feet west of the existing intersection); (2) From the new 109th/Naeve intersection through the proposed development to a point that is approximately 700 feet north of the existing intersection of 109th/Naeve; (3) From the point that is 700 feet north of the existing Intersection of 109th/Naeve to the existing paved street near the northeast corner of the development. NOTE. The above descriptions are based on the applicants preliminary site plan dated May 20, 1993. The existing S.W. 109th will terminate approximately 400 feet north of the existing S.W. Naeve/109th intersection in a hammerhead. It is proposed that the existing S.W. 109th remain a gravel road. The proposed new development will have no driveway access to existing S.W. 109th. Existing S.W. 109th will serve only the driveways to two existing homes. Since the amendment of the Comprehensive Plan Transportation Map, the Existing S.W. 109th is not envisioned as part of the long-range plan for the neighborhood. When the property to the east is redeveloped in the future, it is expected that the existing S.W. 109th will be eliminated or substantially reconfigured. Therefore, the proposal to leave existing S.W. 109th as a gravel street is acceptable. The Comprehensive Plan Transportation Map provides that the New 109th Ave., which will be built to minor collector standards, will eventually intersect Pacific Highway across from Royalty Parkway then proceed in a northeastern direction and connect with the existing S.W. 109th Avenue. The applicant proposes to fully develop the road from the new intersection of 109th/Naeve, located in the southeast comer of the project, to where the road meets the existing paved street near the northeast corner of the development. The preliminary profile indicates the grade to be 12 percent, the maximum allowed by City standards. Although not proposed by the developers, we feel that it may be appropriate to construct New 109th to a reduced street width north of the main entrance to the new development. On-street parking should not be needed in this area. Based on traffic projections, there should not be a need for turn lanes. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 9 LUBA NO. 93-191 Exhibit No. / Page No. 11 - Therefore, the full minor collector street width may not be necessary. Reducing the street width would h )to fit the street into existing steep ades and to match the existing 109th Avenue to the north. A reduced street width would reduce City maintenance and encourages lower traffic speeds. For these reasons, it is recommended that the Planning Commission authorize the City Engineer to approve • reduced width. Details would be worked out with the developer's engineer during final design of the street improvements. S.W. Naeve Street Is a partially paved, mostly gravel surfaced local street. The applicant proposes to provide full street improvements in the vicinity of the new intersection of 109th and Naeve; from the intersection eastward, the applicant is proposing to provide two-thirds street improvements. In addition, the applicant is proposing a minor change to the old 109th/Naeve Intersection by bringing it more into a 90-degree Intersection. This minor realignment is Intended to help discourage traffic into Summerfield and better provides for extension of Naeve in the future when the property to the east redevelops. Therefore the applicant should be required to construct the following: A. full street improvements in the vicinity of the new Naeve/109th street intersection; B. ' two-third street improvements from the end of the full street improvements to the old Naeve/109th street intersection; C. realignment of Naeve to intersect Old 109th at a 90-degree angle. Pacific Highway Is under the jurisdiction of the State of Oregon. Existing improvements consist of the paved roadway with a gravel shoulder and a ditch. The state has requested that curb, sidewalk and drainage improvements be provided along the site's frontage. Prior to the authorization for construction of the public improvements, the developer and the City should enter into an agreement for the construction of S.W. 109th between Highway 99 and the Naeve/109th intersection. Final wording of the agreement should be reviewed and approved by the City Attorney. SANITARY SEWER: Sanitary sewer is proposed to be extended through the site from the system at the corner of Naeve Street and 109th Avenue. This system appears to have adequate capacity to serve the site. The applicant or the applicant's engineer should be required to verify that the existing sanitary sewer system is able to handle this development and any future development that would connect to this system. STORM SEWER: Most of the site slopes toward Naeve Street which then drains to -109th Avenue and Pacific Highway. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 10 LUBA NO. 93-191 Exhibit No. / Page No. At The proposed storm drainage system is a collection of on-site conveyance structures which dissipate enE and spread out the flow path, wh the final runoff will be conveyed to an existing 30" .storm drain at the intersection of S.W. Naeve and S.W. 109th Avenue. After review of the plans submitted. by the applicant's engineer it became apparent . there were potential problems. An_the areas where the storm drainage system crosses a public road, the system was going from a private to public and back to private system without a break, and could5cause potential maintenance problems. After F discussions with the appllcanrs engineer, it was determined that the best solution was to keep each system separate withthe final design being approved by the City's Engineering Department Therefore the applicant should be required to do the following: A. Evaluate the existing.pipe in_ .109th Avenue to determine if it has adequate capacity to handle.ulfirme development of the entire drainage basin; - B. Design the on-site water quality facility to meet current Unified Sewerage Agency design standards; further, verify that it will be the responsibility of the owners of the site to maintain such facilities; and 0. Design the system so that there is a clear delineation between the private and public storm drainage systems. Tigard Building Division has reviewed this application and states the applicant should address the location of all utilities which are to serve the site. Additionally, a drainage plan should be submitted to show how all roof, underfloor and paved area drainage will be conducted to an approved storm sewer system. Tualatin Valley Are District states that the plans which were submitted (dated May 20, 1993), were not complete enough to provide a full review for hydrant location. If the plans have not changed from the previous submittal, and alterations have been made as requested by the last approval, then the submittal is acceptable. The following comments were made by the Fire District on the previous submittal: a. Hydrant locations will need to be coordinated between the Fire District and the Tigard Water District. Hydrants will need to be placed within 250 feet of all exterior portions of all buildings; however, this distance may be increased if buildings are equipped with automatic fire sprinkler. Hydrants should be placed at all intersections. b. The Fire District would prefer to see an emergency vehicle access between the parking area for the southern portion of the development and the southernmost section of SW 109th Avenue. Staff discussed this comment with Gene Birchill of the Fire District on September 22, 1991. Mr. Birchill commented that an emergency vehicle access is a " preference" and not necessarily a need. If an emergency access is developed, it could be a grass-crate pad through the development's landscaped area. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 11 LUBA NO. 93-191 Exhibit No. _ Z Page No. _ /J `q+H+.tvtY•;.Mghtt•t•:•\V:fKfK!{!C!(;•'!lY•lK•:•:.:....: 1.•.......•.••. :..y . . C. Fire fighting access roads should be extended to within 1 9? feet of all exterior portions of all buildings; hov.. 3r, this distance may be increased automatic fire sprinklers are utilized. - d. The applicant and the City Building Division have been provided with further details regarding necessary fire protection for the proposed development. '(hoard School District 23J has reviewed the proposal and has noted that the proposed development Is projected to generate 25 new students-.for Templeton Elementary School, 10 now students at Twality Middle School, and 7. now_studarns at Tigard High School. The z School District notes that school capacities at Templeton Elementary School and the High School are already exceeded, although Twality Middle School Is presently below capacity, and that this will not be changed by this application..- The District notes that the core facility of both the High S& tool and Templeton Elementary Sdhool are Insulficlent to be able to consider portable additions. Additional school capacity may be provided by other options under consideration by the-School District, Including: grade level reconfiguration, rescheduled school year, boundary adjustments,* double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. of Kind City has submitted comments which state that King City's Interest Is that storm drainage be confined to a routing on the east side of Highway 99 rather than crossing 99W with a discharge into King City's system on the west side of 99W. In regards to the traffic Issue, King City states that they are aware of the plans to improve SW 109th Avenue to 99W, and also to improve the intersection of Royalty Parkway in King City; 99W and 109tb. The City is on record o_f supporting the improvements to 109th and the intersection of 99W and Royalty Parkway. King City assumes that traffic issues will be addressed within the context of Washington County's Traffic Management Plan. Metro Area Communications Commission (MACC) specifies two major concerns. MACC recommends that the developers insure that the residents of the Arbor Heights Apartments have franchised cable service available to them. Secondly, the developers should notify Columbia Cable in advance as to when trenches will be opened for electricity and telephone service, so that Columbia can install cable most efficiently. The developer should contact Josh Silverman of MACC for further information (Phone #629-8534). Tigard Police Department has stated that they have major concerns with the proposed addressing of this development. The Police Department requests that the applicant receive approval from the City of Tigard Police Department prior to assigning or installing addressing on buildings or directional address boards internal to the development. Neighborhood Planning Organization 6 (NPO 6) has reviewed this application and states that they object to this development on the grounds that it: A. Destroys the Little Bull Mountain natural forest which is protected by Goal 5 In the Tigard Comprehensive Plan; B. Unnecessarily increases Tigard area traffic which is already overburdened; a FINAL ORDER - SDR 93-0009/PDR 934006/SLR 93-0005 TRIAD Page 12 LUBA NO. 93-191 Exhibit No. Page No. If C. Places an additional burden on the school district; and ) D. Will inundate the adjacent retirement communities of Summerfield and King City with traffic, creating hazards for elderly pedestrians and golf carts. • The NPO passed the following motion with 3 ayes, 1 nay and 1 abstention at its meeting on June 16,1993: "NPO 6 feels that, In light of the tremendous urban development In our NPO and the areas adjacent to the Tualatin River, the zoning change made In the 1980's is no longer appropriate. We believe the original low density zoning Is Imperative and we recommend the zoning be restored to this site." Oregon State High= Division has reviewed the proposal and has commented that type C curb and sidewalk as well as storm drainage improvements will be required along the site's Pacific Highway frontage. The existing driveways to tax lots 700 and 800 should be removed. An access reserve strip should be recorded along this frontage. Street opening and access permits must be obtained from ODOT. - Tigard Water District has reviewed the proposal and has not provided any new comments. With the prior application, the Water District reported no objections to the proposed development but noted that the site requires service from two water pressure zones. Zone 1 is supplied by the pressurized system on the top of Little Bull Mountain. Zone 2 is a gravity system from the existing water line at the corner of SW Naeve Street and SW 109th. In addition, the Water District has noted that because of the size of the buildings, each building is to have its own 21nch water meter. The Irrigation system will need to be metered separately with Turbo meters. Water meter locations are to be provided with a minimum planter area of 3 feet by 5 feet. This also holds true for fire hydrants. Water meters and fire hydrants are not allowed to be located in asphalt or concrete, or behind carports, garages, or retaining walls. All water lines must be ductile iron class 52. Other affected reviewing agencies have been contacted for input regarding this applanation and have either had no concerns or have not returned any comments to the City. The City received a letter from William Lindsay dated July 30, 1993, objecting to the density allowed by the zoning, and the effect on the traffic congestion on Pacific Highway. (Copy of letter attached). The City received a letter in opposition of this development from Mr. Douglas J. Coleman on July 30, 1993. Mr. Coleman's letter states that the Tigard School District cannot accommodate the influx of students projected to result from this development Additionally, the road system cannot accommodate the increased traffic flow. He notes the loss of the natural habitat and requests that this plan be denied. (Copy of letter attached). FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 13 LUBA NO. 93-191 Exhibit No. / Page No. , IX The City received a letter dated August 7, 1993, from Lernre Schuster objecting to the development on th asis of the size (number of units) L. J transportation and parking issues. (Copy of letter attached). The City received a letter from Diane Barton, dated August 9, 1993, objecting on the basis of school capacity. (Copy of letter attached). B. DECISION: The application Is consistent with all relevant criteria as noted below: The relevant criteria In this case are Tigard Community Development Code (CCDC) chapters 18.54, 18.56, 18.80, 18.84, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.1080 18.114, 18.120, 18.144, and 18.150. Applicable Tigard Comprehensive Plan Policies are 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1 and 8.1.3. 1. Comprehensive Plan Policies. (a) Policy. 2.1.1. The Policy 2.1.1 is satisfied because NPO No. 6 was notified of the hearing and commented on the proposal. A public notice was published including the date, time and place of the hearing. (b) Policy 3.1.1. This policy is implemented through Tigard Community Development Co. ("TCDC") chapter 18.84 and is met because the northwestern portion of this site containing slopes over 25 percent Is proposed to remain in its natural state. The applicant's geotechnical engineering study prepared by Terra Associates, Inc. shows that the remainder of the site has few, If any, significant development constraints. The proposed apartment buildings, accessory structures and parking lots can be constructed without difficulty through the use of the established and proven engineering techniques described in Terra Associates' study. The Planning Commission concluded that the Terra Associates' study is substantial evidence to show that development will not occur in areas having slopes in excess of 25 percent except with established and proven engineering techniques and that the remainder of the site is not subject to the listed development limitations. (c) Policy 3.4.2. This policy requires the City to protect fish and wildlife habitat along stream corridors and areas of standing trees and natural vegetation along natural drainage courses and waterways where possible, to review development proposals in designated timbered or tree areas through the planned development process to minimize the number of trees removed and to require cluster-type development in areas with important wiidiife habitat values defined in the City's "Fish and Wildlife Habitat Map." FINAL ORDER - SDR 93.0009/PDR 93-0006/SLR 93-0005 TRIAD Page 14 LUBA NO. 93-191 Exhibit No. Page No. Policy'-4.2 and its implementing measures -ply directly only to the matur..~niferous forest on the northern po. ion of the site identified as "Area A" in figure 3 of the March 1992 Fishman Environmental Services report, which is a part of th-a- record and was physically before the Planning Commission. Area A is the portion of the site within the Little .i Bull Mountain Natural Forest, the only significant natural resource that the Comprehensive Goal 5-analysis designates. on the site. No significant wgdgfe habitat areas are designated on the site by the plan. In fact, the Little Bull Mountain Nattvv&Forest is Inventorled because of its scenic --.value. Tigard Comprehensive Plan volume I, 96. Pursuant to the requiremerb of Statewide Planning Goal 5, the City inventoried Goal 5 resourc 6- and designated In Its Comprehensive Plan those resources that it determined to be significant. Comprehensive Plan, volume I, pages 94-109. For the designated Goal 5 resources, the 3 plan Identifies potential conflicts; pertomns an economic, social, erivironmenrtai and energy consequences analysis of the conflicts; and adopts a program to resolve the conflicts. 21& A The City's Comprehensive Plan, including its Goal 5 provisions, were acknowledged by the Land Conservation Development Commission on October 11, 1984. The summit of Little Bull Mountain is mentioned as a "special area" in an area of scenic value in the City's natural features and open space Comprehensive Plan report.. Comprehensive Plan, volume 1, page ; 42. The summit of Little Bull Mountain outside of the Little Bull Mountain Natural Forest was= inventoried as a significant Goat 5 resource. • The Comprehensive Plan resolved conflicts between Little Bull Mountain Natural Forest's scenic values and other land uses in accordance with Statewide Planning Goal 5. All of the areas included in the Little Bull Mountain Natural Forest are designated by the Comprehensive Plan for future residential development. Although the plan's background document noted that the area was zoned for low-density residential development, the City, as noted above, approved plan amendments increasing the residential density of the area. These amendments are an acknowledged part of the plan. The plan's Goat 5 analysis notes that future development may create conflicts with the designated Goal 5 resources of the Little Bull Mountain Natural Forest and resolves the conflict as follows: "The significant wooded areas are identified and mapped. The policy of the city's comprehensive plan is that these areas will be preserved in a natural state as much as possible or integrated into the desig on f any develo mend, J&, parking lot island, building set-backs, street rights-of-way and landscaping areas whenever possible. If it is necessary to remove a portion or all of the trees, the replacement landscape-feature shall be subject to approval by the applicable approval authority.' Comprehensive Plan, volume I, p. 95. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 15 LUBA NO. 93-191 Exhibit No. Page No. 17 f~f<!KK:s<.({tf(rt.:v4.ryh vhinr..v..,•nr.i.i.t...-.e.v.--.. - . . . . T' plan expressly requires that °dev( '),ment proposals In t.-Signated timbered or tree areas be reviewed through the plan development process to minimize the number of trees removed." Plan Policy 3.4.2.b. The plan thus expressly anticipates that future residential development may remove some or all of the trees, providing the development complies with the implementing provisions of the TCDC. The City's acknowledged Comprehensive Plan thus expressly anticipates residential development In the area despite conflicts with the designated goal 5 resource in the Little Bull Mountain Natural Forest The proposed development complies with the TCDC provisions that implement Policy 3.4.2. The proposed development minimizes to the greatest extent possible the number of trees to be removed, particularly the- mature coniferous trees that He within the Little Bull Mountain Natural Forest in the northern portions of the site. The northwestern portion of the site is left entirely undisturbed, and a large buffer of con'iferous'tress is left along the northern boundary of the site, as recommended by the Fishman Report. In addition, the site plan incorporates several groves of existing mature trees within the landscaping areas of the developed portion of the site and provides substantial replacement landscaping in areas that will be disturbed. Furthermore, the applicant is required to obtain a tree removal permit in accordance with the provisions of TCDC Chapter 18.150 before removing any trees. Permits may be granted only when the City finds • that the removal of the tree is necessary to accommodate structures, driveways, utilities or other proposed site improvements. The site plan illustrates trees within the development that will be removed and demonstrates compliance with Policy 3.4.2 and its implementing provisions. A detailed tree survey and an arborist's report outlining methods of protection of the trees to be retained is to be submitted prior to the issuance of a site grading or clearing permit or tree removal. Marge Davenport submitted an unsigned and undated, one-paragraph statement on Oregon Department of Wildlife & Fish letterhead, purporting to take a contrary position to the Fishman study. declines to give this letter any credibility whatsoever because it is unsigned and undated and because it is unclear precisely which project it refers to. (d) Policy 4.2.1. This policy requires that all development shall comply with applicable federal, state and regional water quality standards. A condition of approval requires the applicant to prepare an erosion control plan as part of the improvement FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 16 LUBA NO. 93-191 Exhibit No. Page No. / ?wings, and to obtain a permit me( ,g the requirements of ,e NPDES and Tualatin Basin ErosiorrControl Program. The P finds that this policy can be satisfied through these conditions of approval. _ X (e) Poli 6.1.1. This policy requires the City to provide an opportunity for diversity of housing densities and residential types at various price and rent levels.. This policy is satisfied because. this proposed muttkamily project adds to the housing =A diversity in a community that is `predominantly developed with singlejamily residences at lower. densities. This site has been designated for mufti'-family development by the Comprehensive Plan for some time. Beverly-Swink testified that the area surrounding Summerfield and this'site is saturated with apartments. The 'f" finds that Policy 6.1.1 requires a diversity of housing opportunities throughout the city without consideration of a particular area The presence of a number of apartment units at this location simply implements the City's density requirements. Moreover, the rejects the argument that more apartments than single-family homes In a given area is contrary to city policy. The finds that this policy is met. (f) Policy 6.6.1.. This policy requires the City to provide appropriate ' buffers between different types of land uses (for example, between single-family and multi-family residential) and to provide on-site screening of various uses within a housing development This policy is implemented through TCDC Chapter 18.100, 'landscaping and Screening," and TCDC § 18.80.1220(A)(3)(b). Compliance with these TCDC provisions are discussed later in these findings. (g) Policy 7.2.1. In order to satisfy this policy, the applicant will, as condition of approval, provide an appropriately engineered plan for disposing of stormwater run-off from the site in a manner that will not adversely affect any downstream property owners or jurisdictions. Based u n the view of technical evidence and in the record, the finds that it is feasible for the applicant to satisfy this condition. (h) poles 7.4.4. This policy is met because the entire apartment complex will be connected to the public sanitary sewer system. (i) Policies 7.5.2 and 7.6.1. These policies are met because the Tigard Police Department and the Tualatin Valley Fire District FINAL ORDER - SDR 93.0009/PDR 93-0006/SLR 93-0005 TRIAD Page 17 LUBA NO. 93-191 Exhibit No. Page No. , 've reviewed this application and hL, ) offered comments that i ove been incorporated into the staff report. Q) Po.y 8.1.1. This policy requires the provision of a safe and efficient street system.that meets current and anticipated future growth and development needs. This policy is satisfied for the 3 following reasons: - a i. the main driveway entrance to the development is proposed to be on the realigned 109th Avenue, a minor collector street Intended to accommodate the aPPly 2,000 vehicles per day that this development" Is expected to generate. Secondary access Is also provided onto SW 109th Avenue which, In turn, provides direct traffic from the development south onto the row street or north to SW Canterbury Lane, also a minor'collector. The appifcarirs traffic report Indicated that some traffic will travel south of SW Naeve Street on SW 109th if the street is left open. The proposed segmenting of both SW Naeve Street and SW 109th Avenue will significantly discourage southbound traffic on SW 109th Avenue through the Summerfieid neighborhood. Opponents testified that they believed this project would result in increased traffic through Summerfield, with increased danger to pedestrians and golfers. The applicant's evidence, especially the traffic study, shows that the vast majority of the traffic will either go north to SW Canterbury Lane or southwest to Highway 99W. The Wolff= finds there is little likelihood that a substantial increase of traffic through the Summerfield neighborhood will result from this proposal. Moreover, testimony by Beverly Swink indicated that some "pass- through" traffic airea occurs in the Summerfield nei hborhood. The finds this to be evidence that If there is a problem associated with pass-through traffic, it exists regardless of the Triad development and, moreover, the realignment of SW 109th and Naeve Avenue will significantly reduce the chances of increased pass- through traffic from the Triad development. The aM considered but rejected a condition of approval requiring a "No Left Turn" sign to be installed at the intersection of SW Naeve and SW 109th. The FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 18 LUBA NO. 93-191 Exhibit No. Page No. a O finds that a "No Left TL sign would likely be ignored and, if it is required in the future, can be installed. if. The applicant will. be responsible for the construction of street improvements along the frontage of its developmem > _ . ill. Based upon trafficstudies in the record, the MEN= i concludes that the traffic generated by. this development wiq be _within the capacity of the adjacent local street system..-This conclusion holds true.even if SW 109th Avenue Is not constructed between Naeve Street and Highway 89W.=: However, the applicant has agreed to construct a portion of Name Street, and a condition of approval requires such construction. In addition, the church will be required to construct two-thirds of Naeve street upon its completion. Iv. The applicant has agreed to enter Into an agreement with the City whereby the applicant will contribute $300,000 to the construction of this portion of SW 109th Avenue . south of Naeve In exchange for a $300,000 traffic Impact fee credit. (k) Policy 8.i.3. This policy is satisfied for the following reasons: • I. The development abuts three public streets which will provide it with appropriate and adequate access approved by the appropriate approval authority. if. Sufficient street right-of-way shall-be dedicated as a condition of approval along the existing SW Naeve Street, as well as full right-of-way dedication for the new collector street through the project. !if. The developer will construct streets, curves and sidewalks to City standards within the development. iv. The developer will participate in necessary street improvements to the extent of its impacts. V. Transit stops, bus tum-out lanes and shelters are not required to be provided because the project is on a street (SW 109th) not served by public transit. The portion of the project adjacent to Highway 99W is not suitable for a bus shelter because of the steep slope FINAL ORDER - SDR 93-0009/PDR 93.0006/SLR 93-0005 TRIAD Page 19 LUBA NO. 93-191 Exhibit No. - Page No. 2,1 between th e ro ect and the h` ay W. vi. Parking spaces will be set aside and marked for cars operated by disabled individuals, and those spaces will be located as close as possible to the entrance f designated for disabled persons. V11. This site. Is not. affected by the City's adopted Bicycle/Pedestrian Plan: 2. TCDC Provisions. (a) Cha er 18.54 -12 Zone). This chapter is satisfied because the : proposal conforms with the use, density and applicable dimensional requirements of the R-12 zone. . (b) TCDC Chapter 18.56 MO Zone). This 044er Is satisfied because the proposal. conforms with the use, density and applicable dimensional requirements of the R-25 zone applied to the western portion of Tax Lot 200. (c) TCDC Chapter 18.80 (plan Development). This Chapter is satisfied because the proposal has been reviewed as required by the provisions of the Planned Development Overlay Zone. The Planned Development Overlay Zone approval standards are found at TCDC § 18.80.120. These approval standards incorporate various TCDC chapters described here. In addition, TCDC 18.80.120(a)(3) sets forth the additional following criteria: a. Relation to the natural and physical environment. (I) As demonstrated by the site plan submitted by the applicant, the proposed development preserves existing trees, topography and natural drainage to the greatest degree possible. The most important trees on the site are the large, mature coniferous trees on the northwestern and northern portions of the site. The proposed development leaves the northwestern comer entirely in its natural state and preserves the large trees along the northern border of the site. Development on the remainder of the site avoids large stands of mature trees wherever possible and incorporates them into the landscape plan. In addition, a tree removal permit pursuant to TCDC Chapter 18.150 will be required before trees with a diameter of six inches or greater can be FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 20 LUBA NO. 93-191 Exhibit No. Page No. removed, and a a arborist's report describing protection measures for existing )es during constriction will be required as condition of approval. With respect to topography and drainage, the proposed development follows the natural contour of the site and • avoids the steep slopes in the northwestern comer of the site, thereby preserving the existing topography and drainage to the greatest degree possible. (li) The northwestern comer of the site contains a small area in which slopes exceed 25 percent. This area will be left entirely In its natural state. As shown by the' geotechnical engineering study which is a part of the record, and which included extensive .on-site soils testing and analysis, the remainder of the site contains stable soils and slopes that have few development constraints. The proposed apartment buildings and other structures can be built without difficulty through the use of established and proven engineering techniques. (iii) As discussed above, the proposed development satisfies or exceeds all set-back and building separation requirements of the TCDC. The placement and separation of buildings will provide ample light, air circulation and fire protection. There are no circumstances with respect to this site that would warrant additional separation requirements. Marge Davenport raised the issue of whether an additional buffer to the ad acent residential area Is required The finds that the proposed separation complies with the TCDC provisions and an additional buffer is not necessary. ('iv) The proposed development places buildings along the contour of a generally south-facing slope, thereby maximizing the amount of sunlight available to each of the proposed buildings. In addition, because of the site's topography, the proposed development will not deprive adjacent properties of sunlight. Wind direction is not a factor in the placement of structures because high winds are relatively rare and of unpredictable direction. Proposed building heights, bulk, separation and set- backs are such that air will be able to circulate freely without creating a "wind tunnel° effect. • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 21 LUBA NO. 93-191 Exhibit No. / Page No. ~3 u. i nao-s plans ioenury e)u5ui w u vub un me sae anu preserve m when possible. The largest an( ost scenic trees are In the northern portion of the site. As noted above, the northwestem comer of the site will be left in its natural state, as will other large areas of trees. Also as noted above, a tree removal permit pursuant to TCDC Chapter 18.150 will be required. (i)-(2)(a)-(e) The proposed buffer, including. screening and landscaping, Is more than adequate to meet the specific requirements of TCDC Chapter 18.100 and the more general requirements of TCDC § 18.80.120.A.3.b. The site is nearly surrounded by multifamily development or undeveloped property zoned for multifamily use. There Is a small area of single-family development across SW 109th Avenue from the site. Given the residential nature of the site and nearby properties, the purpose to be served by the buffer is primarily to enhance the attractiveness of the development and to enhance privacy by screening sights and sounds from neighboring properties and, to some extent, for moderate traffic on adjacent streets. The buffer accomplishes these purposes. To the west, there is at least a 250-foot buffer between the proposed apartments and Highway 99W. The northwestern comer will be left in its natural state with large coniferous trees that provide a visual screen and dampen noise. The property Immediately west of the- southern portion of the site is undeveloped but is zoned for similar multi-family development. Along the boundary with this property, a 10-foot buffer of existing trees and additional landscaping will be more than adequate, given that the apartment buildings proposed for this area of the site are generally oriented at an angle from the property line, thereby minimizing the number of units adjacent to the property line. To the north, a large area of mature coniferous trees will be preserved. Buildings and parking areas are generally placed 75 feet or more from the northem property line. Additional landscaping and evergreen screen trees will be planted between the existing trees and the apartment buildings and parking areas. To the east and south, adjacent properties are buffered from the site by SW 109th Avenue and, Naeve Street, street trees, berm landscaped with shrubs and evergreen buffer trees, and • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 22 LUBA NO. 93-191 Exhibit No. Page No. _ building set-oacKs. to addition, ap rn dwtomgs wong ivyui )nue are generally oriented away K . the street. The proposed buffering will thus be more than adequate to buffer the residential uses on either side of 109th Avenue and Naeve Street from one another and to buffer the proposed residential • uses from the traffic on these streets. (iii)(aXc) The site is heavily screened from the north and west by substantial buffers of mature coniferous trees. The site is screened from the east and south by street trees, landscape berms, including evergreen buffer trees and other landscaping. In addition, mechanical devices and dumpsters will be enclosed and parking areas will be fully landscaped with external and internal landscaping. Little, ff any, of the parking area should be visible from adjacent properties. C. This provision is inapplicable because no nonresidential structures are proposed to abut any existing residential dwellings. d. Triad's plans provide required outdoor space in the form of separate, private patios or balconies that are placed on the south side of buildings and oriented toward sunlight. e. Triad's site plans show a proposed recreation center, pool, jogging paths, trails, balconies, patios and other public, private or common space which amply satisfied the observable recreational space requirements of this section. • f. The proposed development satisfies the requirements- of TCDC Chapter 18.108. Circulation patters within the proposed development accommodate emergency vehicles. Internal roadways are two-way roadways, 24 feet wide. These roadways provide direct access to all dwellings and other buildings in the proposed development. Adequate turn-arounds for emergency vehicles are provided on each internal roadway that is not a through roadway. No pedestrian or bicycle ways are shown for the site on an adopted plan. The proposed development, however, will provide on-site pedestrian and jogging trails, sidewalks and bicycle parking facilities. g. Triad's plans provide more than 20 percent of the site in landscaping. h. Neither Naeve Street nor SW 109th Avenue Is served by public transit. Although the site abuts Highway 99W, which is a public • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 23 LUBA NO. 93-191 ExhIbit No. j Page No. 43_ transit street, tnat portion of the site is steepiy siopea ano is to ( left in its natural state. A pathway( h a shelter at this location would create a crime safety hazard because the pathway would not be readily observable from the proposed development or neighboring developments. Therefore, no public transit provisions are appropriate under this section. - - 1. No signs are-,proposed in the application. Future signs, if needed, will obtain a sign permit pursuant to TCDC Chapter 18.114. Any such signs will not obscure the sight distance of vehicle drivers. J. As discussed above, the proposed development meets the requirements set forth in TCDC Chapter 18.106. k. The site is not within a drainageway. -Therefore, the criteria In TCDC Chapter 18.84 do root apply. However, the site plans show that on-site drainage is adequate to drain the site without creating erosion, ground instability or adversely affecting properties at lower elevations. 1. This section is inapplicable because the site is not within or adjacent to a 100-year flood plain. (d) TCDC Chapter 18.84 (Sensitive Lands). This chapter is satisfied because the development plan avoids development of areas of the site with slopes In excess of 25 percent, therefore not triggering the sensitive lands review process for steep slopes. In addition, the site does not contain designated drainage ways, 100-year flood plain areas or wetlands regulated by this TCDC chapter. The National Wetlands inventory maps and the City of Tigard Wetlands Inventory and Assessment conducted by Scientific Resources, Inc. do not indicate the presence of wetlands on the site. However, a condition of approval requires that the applicant submit a delineation of wetland boundaries, if any, prior to issuance of building rmfts. < > (e) TCDC Chapter 18.92 _(Dens' Computations). This chapter is satisfied because the site plan provides an appropriate calculation of the permitted number of housing units for the site and the proposed development would provide fewer than the allowed number of dwelling units. (f) TCDC Chapter 18.96 (Additional Yard Set-Back Requirements and Exce ons). This chapter is satisfied because the site plan provides for appropriate distances required by this chapter between the • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 24 LUBA NO. 93-191 Exhibit No. Page No. 026 :T>,.;•;,: > proposed mufti-family buildings in order to assure privacy to residents and to )vide adequate light to all units. ) (g) TCDC Chapter 18.100 anri ping and ScreenloM. This chapter Is satisfied because plans for tree retention and added landscaping satisfy TCDC requirements for minimum site area landscaping, street trees, perimeter buffering and vision clearance at intersections. (h) TCDC Chanter 18.112 o Rion Clearance Areo) This chapter is satisfied because proposed improvements at driveway and road intersections are located or sized with respect to maintaining clear vision for motorists and pedestrians. (i) TCDC Chanter 18.106 (Off-Street Paark_ing) This chapter Is satisfied because the applicant proposes to build= 252 dwelling units of two bedrooms or less, and 96 units of three bedrooms or more. Under TCDC Chapter 18.106.030.A.4, 570 parking spaces, of which 348 must be covered, are required. In addition, 86 shared parking spaces and be parking spaces for the recreation building must be provided for a total of 661 parking spaces. Of these, 14 must be barrier-free spaces, and 25 percent (165) may be compact spaces. The site plans show a total of 661 parking spaces, of which 360 will be covered, 160 will be compact and 14 will be barrier free. Spaces will meet all dimensional, access, locational, lighting and other requirements of TCDC Chapter 18.106. In addition, the required number of bicycle parking spaces will be provided through bicycle racks and individual apartment garages. Q) TCDC Chapter 18.108 (Access. Egress and Circulation). TCDC § 18.108.070.D is ambiguous, but the construes it to require two access points for the first 100 dwelling units and an additional access point for each 100 parking spaces over the number of parking spaces required to serve the first 100 units. This construction requires eight access points rather than the four proposed by Triad. The site plan demonstrates that the proposed development can meet the requirements of this chapter. The plans satisfy the requirements for pedestrian and vehicle access to buildings, provide the required 24-foot wide internal roadway system with five- foot walkways and provide required internal circulation system and turnarounds for emergency vehicles. The proposed access points would not create hazardous traffic conditions or inadequate access for emergency vehicles. FINAL ORDER - SDR 93.0009/PDR 93-0006/SLR 93-0005 TRIAD Page 25 LUBA NO. 93-191 Exhibit No. Page No.7' S { INS me-MV931- riad's - proposal satisfies the access variance approval standards set forth in TCDC § 18.108.150. Those standards are: a. - it is not possible to share access. The proposed development does not abut other developed access nor will it in the future. Therefore, shared access Is not possible. b. There are no other alternative access points on the street in question or from another street. Placing additional access points on 109th Avenue would create dangerous sight distance situations because of the curve and linear nature of the road. Access to Highway 99W is not possible and is limited by the Oregon Department of Transportation's Access Management Policy. • c. The access separation requirements cannot be met. Limited sight distance along the sharp curve on 109th precludes access points there. d. The request is the minimum variance required to provide adequate access. Four access points are the minimum necessary to provide safe and adequate access to the site. e. The approved access or access approved with conditions will result in a safe access. The proposed access points will be well marked and placed at points which will not interfere with one another and that will have ample sight distance. In addition, the four proposed access points will be distributed throughout the site to provide adequate and efficient access for residents, visitors and emergency vehicles. f. The visual clearance requirements of Chapter 18.102 will be met. The access points meet these requirements. • FINAL ORDER - SDR 93-0009/PDR 93-0008/SLR 93-0005 TRIAD Page 26 LUBA NO. 93-191 Exhibit No. Page No. .K..<.t t '•C•• ♦t•:<<•<jC,<,l<j<ttjtKKjtj<ltt<vilt•1•: .tt♦ . . t t.t.i . . . . . . (k) JCDC Chapter 18.114 (Signs). This chapter is inapplicable because Triad i( it proposing signs as part of this E( ;ication. (I) TCDC Chapter 18120 (Sire 0MMk Amen Review). In general, the approval standards contained in TCDC § 18.120.180(a)(1) and (2) are the same as those found in TCDC Chapter 18.80. However, the additional approval standards are discussed below: a. Exterior Elevations. The site plan provides the required offsets. b. Demarcation of PubK% Semipublic and Private Spaces: Crime Prevention. The site plan shows that the structures and site improvements will be designed so that public areas are dearly defined by the various architectural and site treatments described in the ordinance. C. Crime Prevention and Safety. The site plan shows that the various improvements will satisfy these requirements to prevent crime and encourage safety on the site. (m) TCDC Chapter 18.150 (Tree Removal. This chapter will be satisfied because the applicant is required to obtain a tree removal permit prior to removing trees. (n) p Division: - MEN= (o) 1' DC C Chapter 18164 (Street and Utility Standards). This chapter will be satisfied upon approval of public improvement plans for and construction of the recommended improvements to the proposed new Naeve Street/109th Street connection, SW Naeve Street, SW 109th Avenue and SW Pacific Highway. Approval of public improvement plans is required prior to the Issuance of building permits for the proposed development. Although the proposed development will contribute a substantial amount of traffic to nearby streets, the additional traffic will not result in the designed capacity of these roads being exceeded or require additional traffic control measures. Creation of the SW 109th/Naeve connecting street will discourage traffic from traveling through the Summerfieid area especially when the street is extended through to the SW Royalty Parkway/Pacific Highway intersection. The proposed storm drainage system will collect storm water from the portion of the site to be developed and direct this water to the storm FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 27 LUBA NO. 93-191 Exhibit No. Page No. 9 sewer at the intersection of SW 109th and Weve. Public Improvement plans Include an analysis of the anticipa. ) storm water flow from this area. Drainage pipes can be and shall be- sized accordingly. Total storm water flow from the site to.-the west will be reduced because the on-site storm drainage system will recapture some overland flow that would drain westward if the site remained undeveloped. The concludes that ±the proposal, with minor modifications required. as condidons of approval prior to building permit issuance, :meets the above applicable portions of the TCDC. 3. _ Additional Issues Ralsed by QMnents. (a) impact on school district facilities. One opponent argued that the :f proposal will overload Tigard school district WIldes. The van= -finds that ftre are no applicable. approval standards related to capacity of school facilities., Tigard Comprehensive Plan Policy 7.8.1 provides, qbe City shall work closely with the school districts to assure -the maximum community use of -the-school facility for Tigard residents through locational criteria and the provisions of urban services." The interprets this policy to require coordination -with the school district, but there is no requirement in the policy for an analysis of capacity and impact by a development. The school district commented that "additional school capacity may be provided by other options under consideration by the school district including: grade level reconfiguration, rescheduled school year, boundary adjustments, double shifting, busing to unutilized facilities, future bond measures leading to construction of new facilities and other school housing options." In addition, Tigard Comprehensive Plan Policy 7.8.1, Implementation Strategy I, provides as follows: u The City shall monitor school capacity by requiring requests for development proposals and permits to be reviewed by [the] applicable school district for effects on school capacity as a pre-condition to development." • FINAL ORDER - SDR 93-0009/PDR 934006/SLR 93-0005 TRIAD Page 28 LUBA NO. 93-191 Exhibit No. / Page No. J4 ,M. .K.x4K.< t<nn •xxn a a r :rrrr ti - . Theo finds that this implementing strategy has been compl' with by the opportunity for notice comment provided to the school district. The Oregon Land Use Board of Appeals has upheld the City's interpretation that TCP Policy 7.8.1 implementation Strategy I does not require a finding of adequate school facilities. Davenport v. C of Tigard Or LUBA (LUBA No. 92-104, March 15, 1993). (b) . An apartment comDlex is Incompatible with the surrounding area. The finds that previously established zoning and density requirements established this area as an appropriate location for mufti- family developmerrt. Moreover, the area is largely surrounded by multi-family projects as testified to by Beverly Swink. A limited single- family area Is adjacent to the project on the southeast. However, the substantial landscaping buffer and new SW 109th will provide an acceptable buffer to this area. The finds that the apartment complex is not Incompatible with the surrounding. area and, in any event, Incompatibility is not an approval standard. (c) Children on bikes and skateboards will create a danger for elderly pedestrians. One cpponent argued that the apartments' presence would create a danger for elderly pedestrians by virtue of children's use of bikes and skateboards. The > . finds that this is not related to an applicable approval criteria. In any event, there is no evidence in the record that children from apartment complexes pose a danger to pedestrians, elderly or otherwise than children from other types of residential units. (d) Improvements to Naeve Street are needed. The notes that the above findings indicate that Naeve will be built as required by . TCDC-provisions. (e) A need for on-street parking on SW 109th. One opponent argued that the improvements on SW 109th lack on-street parking, and this will be required for the nearby Christmas tree farm. The I finds that the proposal's off-street parking is sufficient for its purposes. Any issue of on-street parking is separate from the application proposal discussed herein. On-street parking is to be addressed through street develo ment standards. r s Lys , • ~n;..^'~'•p...,... ~•y»+:;w ...<..,.v.....,~..; "'r~s•.rr. j::%•:y:~~i%fy;:''=;•:3:':. •~;>:i ,~'.K; .~Gj.`.+$,>:'i;:,GQdd:.:.,~/.G$:!y!;'Y,.F>:. r. lrip/)/;a.::. n.:4 :f:':A.Yii'.; r'•: '';t;ti I (f) Petition In opposition to the proposal. Marge Davenport indicated that a petition signed by many residents of nearby areas opposed this FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 29 LUBA NO. 93-191 Exhibit No. Page No. _ 3/ _ project. The City Council notes that this petition is not before it and is, therefo )not in. the record. (9) > 1 : - (h) Credibl of aunik ant's bide congt,ltant_ Marge.Davenport challenged the credibility of the traffic report submitted by Wayne IOttelson and Associates on the basis that the study was not objective because it was paid for by the applic riL The City Engineer reviewed the study and testified that he is comickable with its results. Moreover, the City Council finds that Mr.. Kttelson has a long history of experience with such studies and is satisfied that Mr. Melson is a credible and reliable witness on the issue of traffic. C. DECISION: The City Council hereby approves Site Development Review 93-0009 and Planned Development Review 93-0006 and the associated access variance, and rejects the appeal of. the Planning Commission's approval subject to the i following conditions: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: Unless otherwise noted, the contact person shall be Randy Wooley of the Engineering Department 1. During all construction of the on-site and off-site improvements, all construction traffic shall travel to and from the site via Pacific Highway and either Naeve Street or the proposed new connection between 109th and Royalty Parkway. Construction traffic shall NOT use existing 109th north of the site nor existing 109th south of Naeve Street. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street, 109th Avenue or within the public right-of-way. 2. 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 estimated, all prepared by a Professional Engineer, shall be FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 30 LUBA NO. 93-191 Exhibit No. _ / Page No. 3Z submitted for final review and approval (NOTE: these plans are in addition to any drawings ~uired by the Building Division and ,auld only include sheets relevant to public improvements. 3. Standard half-street improvements, including concrete sidewalks, curbs, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to Oregon State Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Highway Division. A copy of the approved plans shall be provided to the City Engineering Department prior to Issuance of a Public Improvement PermIL The existing driveways to tax lots 700 and 800 shall be removed. An access reserve strip shall be recorded along this frontage. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Perm. 5. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be 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. 6. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 7. The proposed privately-operated and maintained parking lot and/or roadway plan-profile and cross section details shall be provided as part of the public improvement plans. 8. An erosion control plan shall be provided as part of the improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." 9. The applicant shall obtain a "joint permit" from the City of Tigard Engineering Department. This permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. 10. Prior to the issuance of building permits, a delineation of wetland boundaries, Y ' , if any, on the site shall be completed b the applicant " with the applicable rovisions of Section 18.84 (Sensitive Lands) of the Community Development Code. Staff Contact (Planning Division). FINAL ORDER - SDR 93-M/PDR 93-0006/SLR 93-0005 TRIAD Page 31 LUBA NO. 93-191 Exhibit No. Page No. 11.. There shall be no vehicle connection between Old 109th and New 109th. A turnaround,' -)hammerhead meeting the City's a )Fire District's approval shall be provided at the end of Old 109th. No other improvements shall be required north of the intersection of Old 109th and Naeve Street. 12. Naeve Street shall be realigned at Old 109th to Intersect Old 109th at approximately a 90-degree.-angle, and shall conform to the alignment shown on the submitted preliminary plans (Drawing C100` dated 6/14/93). The existing south curb shall be- rec onstructed;to match the new alignment. 5 13. New S.WNaeve Street shall. be Improve in the following manner (NOTE: all stationing Is taken from the submitted preliminary plans dated May 20, 1993): A. Full street Improvements, meeting local. street standards, shall be provided from STA. 2+37 to STA. 7+00. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs," asphaltic concrete pavement, sanitary sewers, storm drainage, streetCghts,-and underground utilities. B. Two-thirds street Improvements, meeting local street standards, shall be provided from STA. 7+00 to STA. 14+59. Two-thirds street improvements shall Include traffic control devices, concrete sidewalks, driveway aprons, curbs asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and Interim Improvements to maintain traffic flow In the eastbound lane. 14. S.W. 109th Avenue shall be improved in the following manner (NOTE: all stationing. is taken from the submitted preliminary plans dated May 20, 1993): A. Full street improvements, meeting minor collector street standards, shall be provided from STA. 10+00 to STA. 19+20. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities. B. Two-thirds street improvements, meeting minor collector street standards, shall be provided from STA. 19+20. Match the existing improved street at approximately STA. 27+80. Two-thirds street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and Interim improvements to maintain traffic flow in the northbound lane. 15. The applicant shall do the following with respect to the storm sewer system: FINAL ORDER - SDR 93.0009/PDR 93-0006/SLR 93-0005 TRIAD Paoe 32 LUBA NO. 93-191 Exhibit No. Page No. :xcnoc.nc.oa•nnt:cxxn•cu.gcritcxxn;a:!t}tR!nf!!~t!!•.;•tit!t~nc!oc!q~,~c•ivx.ar.;•c..• . a - . - A. Demonstrate that the existing pipe in 109th Avenue had adequate capach handle ultimate development of t; ,entire drainage basins. B. Design the on-site water quality facility to meet current Unified Sewerage Agency design standards and verify that it will be the responsibility of the owners of the site to maintain such facilities. C. Design. the system(s) so that there is a dear delineation between the private and public systems. 16. The applicant shall dedicate the following right-of--way (NOTE: stationing is based on preliminary plans as submitted to the Planning Department dated May 20, 1993): A. S.W. Naeve Street: (1) From STA. 2+00 to STA. 7+00 - 50 feet of-R.O.W., I.e. 25 feet either side of the new center line alignment; (2) From STA. 7+00 to STA. 14+58 - 25 feet of R.O.W., 25 feet from centerline along the north side of Naeve. B. Old S.W. 109th Avenue - provide R.O.W. for the hammerhead turnaround. C. New S.W. 109th Avenue: (1) From STA. 10+00 to STA. 19+20 - 60 feet of R.O.W.; 30 feet either side of the new centerline. (2) From STA. 19+20 to STA. 27+28 - 30 feet of R.O.W.; 30 feet from centerline along the west side of 109th. 17. The landscaping plan shall be revised to provide for a minimum caliper of 2 Inches at planting for all street trees along public streets abutting the site. STAFF CONTACT: Planning Division (639-4171). 18. A demolition permit shall be obtained prior to destruction or moving any of the existing buildings on the site. If the buildings are on septic tanks, the tanks shall be pumped out and either removed or filled with sand or gravel. If the buildings are connected to sanitary sewers, the lines shall be capped off in an approved manner. An inspection shall be obtained after the tank Is filled or the sewer capped. A copy of the receipt for septic tank pumping shall be provided to the Building Division. STAFF CONTACT: Dave Scott, Building Division (639-4171). FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 934=5 TRIAD Page 33 LUBA NO. 93-191 Exhibit No. _L Page No.~ 19. * The finished grade of cuts or fills shall have a maximum slope of 2:1, or else a professional ;gineer shall certify the stability of E ;steeper slopes. Prior to the issuance of building permits, a report from a registered engineer shall be submitted. The report shall indicate the location of any fill placed on . building sites, suitability of the soil for building construction, and soil bearing capacity. STAFF CONTACT: Dave Sett, Building Division (639-4171). 20. Building permits will not be issued and, construction of proposed public improvemerfs shalt not commence unfit after the Engineering Division has _ reviewed and approved-the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer- engineer agreement, the payment of a permit fee and a sign Installation/streetlight fee are required. 21. A detalled tree protection pWn shall be submitted • 4 < Sh < v. dry PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS SITE THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 34 LUBA NO. 93-191 Exhibit No. / Page No. ;.,.<.,..,:.:.nip,..:.~...r.......:...:.....:..... NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A.TEMPORARY OCCUPANCY PERft 23. The applicant shalt receive approval from the City of Tigard Police Department prior to assigning or installing addressing on buildings or directional address boards internal to the development. STAFF CONTACT: Kelley Jennings (639-4171). 24. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Planning Division (639-4171). 25. A sign permit shall be obtained from the Planning Division prior to the erection of an identification sign. Sign location and size must be in accordance with the provisions of Section 18.114 of the Community Development Code. STAFF CONTACT: Planning Division (639-4171).. 28. Prior to the authorb ation to proceed with construction of any public improvements, the developer and the City shag enter Into an agreement substantially similar to the draft agreement proposed by Triad and attached to this approval as "Attachment B' Final wording of the agreement shall be reviewed and approved by the City Attorney. STAFF CONTACT: Randy Wooley, City Engineer. APPROVAL SHALL BE VALID FOR A PERIOD OF EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. it is further ordered that the applicant be notified of the entry of this order. i FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 35 LUBA NO. 93-191 Exhibit No. Page No. J_ ATTACHMEtiT "B" ROAD IMPROVEMENT AGREEMENT This Agreement is made this day of 19_, by and between TRIAD TIGARD MUTED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "Triad" and the CITY OF TIGARD, hereinafter referred to as the "City." WHEREAS Ordinance No. 92-07 of the Tigard City Council approved an amendment to the Tigard Comprehensive Plan Transportation Map providing for the-realignment and extension of SW 109th Avenue..to intersect Pacific Highway opposite the existing intersection.-of Royalty Parkway and designating .SW 109th Avenue as a minor collector street. WHEREAS Resolution No. 91-68 of the Tigard City Council found that the purpose of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway is to mitigate traffic impacts of future development on the surrounding street system, including Pacific Highway and that the portion of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway should be designated as an eligible facility and an eligible project under the Washington County Traffic Impact Fee Ordinance and requested that Appendix "D" (Base Report) of the Washington County Traffic Impact Fee Ordinance No. 379 be amended to include the portion of SW 109th Avenue extension between Naeve Street and Pacific Highway as an eligible facility in Table 2 of the Base Report and as an eligible project in Table 4 of the Base Report. WHEREAS the City of Tigard desires to commence construction of the extension of the SW 109th Avenue between Naeve Street and Pacific'Highway during the spring of 1992. WHEREAS the City Engineer for the City of Tigard estimates the cost of construction of the portion of the SW 109th Avenue extension between Naeve Street and Pacific Highway to be approximately $800,000. WHEREAS the Tigard City Council, on October 28, 1991, approved a budget authorizing the expenditure of $300,000 in fiscal year 1991-92 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS it is anticipated that.the City of Tigard Transportation Advisory Committee will recommend a budget authorizing the expenditure of an additional $200,000 in fiscal year 1992-93 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. LUBA NO. 93-191 Exhibit No. _L Page No. WHEREAS Final Order No. 91-11 PC of the City of • Tigard Planning Commission approved, subj6ct to conditions, an application for Planned Development Review Detailed Development Plan Approval, Site Development Review Approval, and Access Variance Approval requested by Triad for the development of a 348-unit, 17 building multi-family residential complex on 26.2 acres of property located at 11165-11185 SW Naeve Street. WHEREAS Final Order.Nv..91-11 PC of the City of Tigard Planning commission has been appealed to the Tigard City, council and the Tigard City Council has affirmed Final Order No. 91-11 PC and eliminated the condition in Final Order No. 91-11 PC which requires Triad to provide interim - improvements on Naeve `Street from the realignment of Naeve .Street west to the Pacific Highway. WHEREAS the Washington County Traffic Impact fee ordinance (TIF) imposes a tax of approximately $292,960 on Triad's development. the Washington County Traffic Impact Fee Ordinance (TIF) entitles a developer to a credit against the tax for constructing eligible capital improvement. WHEREAS the City Engineer of the City of Tigard has determined that the extension of SW 109th Avenue between.Naeve Street and Pacific Highway is within the impact area of Triad's development. WHEREAS the City Engineer of the City of-Tigard has determined that the timing, location, design and scope of the extension of SW 109th Avenue between Naeve Street and Pacific Highway is consistent with and furthers the objectives of the capital improvements program of the City of Tigard. WHEREAS Triad desires to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to receive a credit against the TIF tax for such construction. _ WHEREAS City desires for Triad to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS the parties desire to resolve the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to otherwise set forth their respective requirements and obligations thereto. LUBA NO. 93-191 7-PP1340 2 Exhibit No. Page No. NOW, THEREFORE, in consideration of the mutual promises and stipulations set forth herein, it is agreed between the parties as follows: 1. Construction of Road Improvements. Triad agrees to participate in the construction of the extension of SW 109th Avenue-between Naeve Street and Pacific Highway on the terms and conditions set forth in this Agreement.' 2. Participation. Triad agrees: to pay $300,000 of the cost of .constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway.. 3. Preconditions to Participation. Triad's obligation to participate is conditioned upon (i) the expiration of all periods for further appeal of the affirmance of Final Order No. 91-11 PC by the Tigard City Council; (ii) the expiration of all periods for appeal of the elimination by the Tigard City Council of the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from'the realignment of Naeve Street west to the Pacific Highway; and (iii) the ultimate affirmance of Ordinance No. 92-07 and the expiration of all periods for further appeal of such affirmance. If the foregoing conditions are not satisfied, this Agreement shall terminate and all obligations of the parties under this Agreement will thereafter cease. 4. Deposit in Escrow. Triad shall deposit a pro rata portion of the $300,000 in escrow upon receipt of all required permits for each building in Triad's development to be held in accordance with the terms of this Agreement. The pro rata portion shall be based on the ratio that the value of such building (as set forth in the permit application) bears to the value of all buildings constructed and to be constructed in the development. Notwithstanding the foregoing, Triad shall deposit the entire $300,000 in escrow prior to the issuance of a certificate of occupancy for any building in Triad's development. 5. Escrow. Triad shall deposit the $300,000 in escrow with Ticor Title Insurance Company (the "Escrow") at its offices in Tigard, Oregon or at such other place as the parties may mutually select. Escrow shall deposit the $300,000 in an i LUBA NO. 93-191 T-PP13&Q 3 Exhibit No. / Page No. _ 440 interest-bearing account with interest accruing to Triad. The parties shall execute joint instructions to escrow directing it to disburse the funds in accordance with the provisions of this Agreement. Triad shall pay the escrow fee. 6. Participation. The City of Tigard shall use the $300,000.solely for the purpose of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The city shall spend such funds only on improvements which are eligible for credit under the Washington County Traffic Impact Fee Ordinance (TIF). Escrow shall disburse the $300,000 to City upon presentation of invoices by the City,::certified by the City Engineer as accurate,_ for the cost of constructing credit-eligible improvements to the extension of SW 109th Avenue between Naeve Street and Pacific Highway. Credit-eligible improvements may include right of way acquisition costs and survey, engineering and inspection costs as provided in the Washington County Traffic Impact Fee Ordinance (TIF). 7. Credit. The City shall grant Triad a credit against the tax due on Triad's development under the Washington County Traffic Impact Fee Ordinance in the amount of $300,000 for Triad's -participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway pursuant to this Agreement. The City shall direct the City Engineer to grant Triad such credit in accordance with the terms of this Agreement. 8. Default. If either party defaults under this agreement the other party shall be entitled to such remedies for breach of contract that may be available under applicable law including without limitation the remedy of specific performance. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce this Agreement, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorneys' fees at trial or on any appeal,-and on any petition for review, in addition to all other sums provided by law. 9.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. 9.3 Notices. Notices under this Agreement shall be in writing and shall be effective when personally delivered, or T-PP1340 4 LUBA NO. 93-191 Exhibit No. / Page No. if mailed, upon deposit as certified mail, postage prepaid, directed to the other phrty at the address shown below. Either party may change its address for notices by written notice to the other. Triad: Triad Tigard Limited Partnership City: City of Tigard ..9.4 Binding Effect. This Agreement shall be binding upon and-inure to the benefit of the parties and their respective successors and assigns. 9.5 Changes in Writing. This Agreement and any of its terms may only be changed, waived, discharged or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 9.6 Authority. The persons who have executed this - Agreement have been duly authorized to do so by the party. The party has a good and legal right to enter into this Agreement and,to perform all covenants of the party contained in this Agreement in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this. Agreement to be executed in duplicate as of the day and year first above written. Triad: Triad Tigard Limited Partnership a Washington limited partnership By Title: General Partner City: City of Tigard By Title r-pai3co 5 LUBA NO. 93-191 Exhibit No. _L Page No. Y Z i HOWARD GRAHAM DIANE BARTON 9410 SW LAKESIDE DR j 14915 SW 10029 TIGARD OR 97224 TIGARD OR 97224 BEVERLY SWIM DOROTHY STERRETT 15875 SW GREENS WAY 15495 SW 10929 TIGARD OR 97224 TIGARD OR 97224 GORDON F RIES SUE CARVER 10400 SW GREEQLEAF TERR 10155 SW BOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 GEORGE WILLOUGHBY 15371 SW 114TH CT #109 TIGARD OR 97224 AL ERICKSON ROSS WOODS 15200 SW 109TH TRIAD TIGARD LIMITED PARTNERSHIP TIGARD OR 97224 320 ANDOVER PARR EAST I235 SEATTLE WA 98188 OMARGE DAVENPORT MATT DRISOOLL, 15100 SW 109TH 114 VINE ST TIGARD OR 97224 SEATTLE WA 98121 JACK POLANS PAM WIEDFMAN 16000 SW QUEEN VICTORIA KAMPE & ASSOC KING CITY OR 97224 3990 SW COLLINS WAY S-309 LAKE OSWEGO OR 97035 WILLIAM R LINDSAY JOHN BUOL, CITY ADMINIS'2RATOR 15505 SW 109TH AVE CITY OF Pam CITY TIGARD OR 97224 15300 SW 116TH KING CITY OR 97224 DOUGLAS J COLEMAN SOMMERFIELD CIVIC ASSOC 15100 SW CROWN DR #6 10650 SW SUMMERFIELD DR RING CITY OR 97224 TIGARD OR 97224 A&MM SCHUSTER ROSS WOODS 4962 SW 109TH AVE TRIAD DEVELOPMENT TIGARD OR 97224 PO BOX 88070 SEAT= WA 98138 LUBA NO. 93-191 - - Exhlbtt No. Page No. y STEVEN PFEIFFER MATRIX DEVELOPMENT JOE VINE SW 5TH AVE 15202 SW ALDERBROOK PLACE Ambpoo OR 97204 TIGARD OR 97224 WA AM KITTLESON KITrELSON & ASSOCIATES WALT MUNHALL 610 SW ALDER S-700 14805 SW 103RD AVENUE PORTLAND OR 97205 TIGARD OR 97224 LENORE A SCHUSTER JACQUELINE E. SWINT 14962 SW 109TH AVENUE 9425 SW BRENNOOD PLACE TIGARD OR 97224 TIGARD OR 97224 LUBA NO. 93-191 Exhibit No. Page No. iEZ-XCerpP O~ m i n.A.r.tes T -I!9 can - Ccx r' L YY Pbe~q I DIMP f 43 by the realtor's office staff that the Link property was not available for viewing because of an agreement with the City. After brief discussion, Ms. Williams was advised by the Mayor that the property should be available for viewing. 3. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Councilor Hunt to approve the following Consent Agenda items: 3.1 Set Hearing Date for Vacation of Easements in Lot 67 of the Plat of Castle Hill - Resolution No. 93-52 3.2 Set Hearing Date for Vacation of an Easement in Woodford Estates - Resolution No. 93-53 - - - 3.3 Appropriate Contingency for Yard Debris Program'Design - Resolution No. 93-54 3.4 Extend Employment Contract with City Administrator Patrick J. Reilly - Resolution No. 93-55 (Note: Council received, prior to consideration, wording change for Section 6 C. concerning Life Insurance [Pg. 8 ] . . In summary, City will offer to purchase a $150,000 Whole Life Insurance Policy for a premium of up to $3,000 per year. Employee may choose another type of coverage at Employee's choice.) 3.5 Support "National Unfunded Mandates Day" as Presented by the National League of Cities - Resolution No. 93-56 • The motion was approved by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "yes.") 4. ADOPT FINAL ORDER APPROVING TRIAD TIGARD LIMITED MULTI-FAMILY DEVELOPMENT PLAN (SDR 93-09/PD 93-06) a. Community Development Director Murphy reviewed the staff report. He noted that page numbers referred to in the staff report were incorrect (see report in Council packet for the corrections). Mr. Murphy distributed a Page from the Community Development Code which deals with driveway access requirements. Mayor Edwards requested that the driveway information be sent to the Fire District. Mr. Murphy noted an Attachment B was referenced in the Final Order. This document is the Road Improvement Agreement which also outlines the use for Traffic Impact Fees (TIF) and should be included with the Final order. b. Motion by Councilor Fessler, seconded by Councilor Schwartz, to approve Resolution No. 93-57. CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 3 LUBA NO. 93-191 Exhlbit No. Page No. RESOLUTION NO. 93-57 - IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF APPEALS OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT REVIEW APPLICATION (SDR 93-0009/PDR 93-0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP. Council Discussion: Councilor Hawley advised she would abstain from voting since she had not attended any public hearings on this-issue. Councilor Hunt said he would abstain as well. - - - Motion passed by a majority vote of council present-(-3-0- 2). (Mayor Edwards and Councilors Fessler and Schwartz voted "yes"; Councilors Hawley and Hunt abstained.) 5. CONSIDER RENEWAL OF NORTHWEST NATURAL GAS FRANCHISE AGREEI~NT a. Finance Director Lowry reviewed the staff report. b. Motion by Councilor Hunt, seconded by Councilor Schwartz, to adopt Ordinance No. 93-29. ORDINANCE NO. 93-29 - AN ORDINANCE GRANTING A NON- EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, AND FIXING TERMS, CONDITIONS AND COMPENSATION OF SUCH FRANCHISE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. The motion was approved by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "yes.") 6. NON-AGENDA ITEMS • Annexation Report ("Walnut Island") from Staff (Carried Over From the October 19, 1993 Council Meeting) Associate Planner Acker reviewed a map showing those people in the Walnut Island who were either interested or not interested in annexation. The majority were not interested. After discussion, it was Council consensus to stop canvassing the area and asking residents about annexation. Staff is to send a letter to the Walnut Island residents advising them of the results of the canvass. • CITY C - OUNCIL MEETING MINUTES OCTOBER 26, 1993 PAGE 4 LUBA NO. 93-191 Exhibit No. a Page No. 44 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7700 BEAVERTON, OREGON 97075 Legal Notice Advertising w ' City of Tigard • ❑ Tearsheet Notice M Accounts Payable Terry ' 13125 SW Hall Blvd. • ❑ Duplicate Affidavit Z O • Tigard, Oregon 97223-8199 • The following meeting highlights are published for your information. Full z Z agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. CITY COUNCIL BUSINESS MEETING J a OCTOBER 26,1993 AFFIDAVIT OF PUBLICATION TIGARD CITY HALL - TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON - STATE OF OREGON, ) Study Session (Town Hall Conference Room) - 5:30 P.M. COUNTY OF WASHINGTON, )ss' • To discuss water issues. l~ Judith Koehler Business Meeting - 7:30 P.M. being first duly sworn, depose and say that I am the Advertising • Reports from Councilors Director, or his principal clerk, of the _ - a newspaper of general circulati n as de ned In ORS 193.010 . Council Discussion~lteport, from Staff and 193.020; published at Tigard In the - Water Issues afo a aid ount , nd stale; that t • Local Contract Review Board Meeting ~i y GGounc~1 Business Meeting . Executive Session: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to dis- a printed copy of which is hereto annexed, was published In the cuss labor relations, real property transactions, current and pending entire Issue of said newspaper for One successive and litigation issues. consecutive to the following Issues: 00 _ publish October 21. 1993. Oct. 21, 1993 Subscribed and sworn to b ore me this 21st day of October, OFFICIAL SEAL ROBIN A. BURGESS Notary Publi or Oregon NOTARY PUBLIC - OREGON i COMMISSION NO. 024552 fi My Commission Expires: AIY CO:IIVISSION ! XPIRES MAY 18, 1997 AFFIDAVIT _ CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). !f no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet: Business agenda items can be heard in aW order after 730 p.m_ Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Dean. Upon request; the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments, and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA • COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 1 ! LUBA NO. 93-191 Exhibit No. 11 Page No. AGENDA TIGARD CITY COUNCIL MEETING OCTOBER 26, 1993 • STUDY SESSION (5:30 P.M.) Water Issues Discussion 1. BUSINESS MEETING (7:30 PM) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance t4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Set Hearing Date for Vacation of Easements in Lot 67 of the Plat of Castle Hill - Resolution No. 93-52- 3.2 Set Hearing Date for Vacation of an Easement in Woodford Estates - Resolution No. 93-33 3.3 Appropriate Contingency for Yard Debris Program Design - Resolution No. 93- 54 Res 3.4 Extend Employment Contract with City Administrator Patrick J. Reilly_ 3.5 -Support "National Unfunded Mandates Day' as Presented by the National League of Cities - Resolution No. 93-_-,Lg 4. ADOPT FINAL ORDER APPROVING TRIAD TIGARD LIMITED MULTI-FAMILY DEVELOPMENT PLAN (SDR 93-09/PD 93-06) • Staff Report - Community Development Department • Council Consideration: Resolution No. 93-5M` 5. CONSIDER RENEWAL OF NORTHWEST NATURAL GAS FRANCHISE AGREEMENT • Staff Report - Finance Department • Council Consideration: Ordinance No. 93-?q -6. NON AGENDA ITEMS i COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 2 LUBA NO. 93-1 p1 Exhibit No. y Page No. 7.. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 8. ADJOURNMENT =102M • COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 3 LUBA NO. 93-191 Exhibit No. 4_ Page No. •419 AGENDA ITEM # For Agenda of October 26. 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Order Adopgon of Final DevelgRMent Plan (.5DR 93-09.1212 93:W 17 PREPARED BY: Dick B. DEPT HEAD O CITY ADMIN O Should the City Council approve that attached Final Order and Findings upholding the Planning Commission's approval of a 348 unit multi-family development plan for the southern slope of Little Bull Mountain? STAFF RECOMMENDATION It is recommended that the City Council uphold the Planning Commission's approval of the site development plan/planned development subject to conditions according to the findings contained in the attached Final Order. INFORMATION SUMMARY - - Marge Davenport and Beverly Swink appealed the Planning Commission's August 16, 1993 approval of the 348 unit complex. On October 12, 1993, the City Council held a public hearing on the appeal. The Council voted to approve the development plan and directed preparation of a final order and findings reflecting that decision. The final order including findings and conditions is attached with changes from the Planning Commission's proposed final order highlighted. More significant chWges In .findings in the final order include: TCDC Ch. 18.108 (Access, Egress and Circulation) page ,e need for a bike path, page 3"d a new conditions No. 21 (tree protection) page V and condition No. 22 (access points) page W. 3y OTHER ALTERNATIVES CONSIDERED 1. Adopt the Final Order and Findings as attached. 2. Revise the Final Order and Findings. FISCAL NOTES None LUBA NO. 93-191 Exhibit No. Page No. - J~iS~~i f?uf-PCB Minimum Number Cbvn ~n~ cri;f y [~P V ,Al l0 r Dwelling of Driveways Minimum Access Minimum Pavement AUAf Units Required Required Sidewalks. Etc. 1Ola(o~Q 1-2 1 10' 10'`Q'Yy1 3-19 1 30' 24' if two-way, /f 15' if one-way: 11/ UU d'~ Curbs and 5' walkway required 20-49 1 30' 24' if two-way, or 2 30' 15' of one-way: Curbs and 5' required 50="700 2 30' 241: Curbs and 5' walkway required 100+ for each 100 one additional 24' drive with spaces 5' walkway or a public street (Ord. 89-06; Ord. 83-52) 18.108.080 -Minimum Requirements: Commercial and Industrial Use A. vehicle access, egress and circulation for commercial and industrial use shall not be less than the following: Required Minimum Number Parking of Driveways Minimum Access Spaces Required Width Minimum Pavement 0-99 1 30' 240; curbs required 5' sidewalk one side only when abutting streets with . sidewalks 100+ 2 30' 241; curbs and 5' sidewalk or required 1 50' 40'; curbs and 5' sidewalk required LUBA NO. 93-191 Revised 02/27/89 Exhibit No. Page 251 Page No. .S~ _ i Ev- C Ae p-V o, r UA1_~o ccv- - L BUSINESS MEETING 2. VISITOR'S AGENDA - no visitors. 3. Mayor Edwards declared October 1993 as Disability Employment Awareness Month. 4. CONSENT AGENDA: 4.1 Approve Council Minutes: September 14, 28 & 29, 1993 4.2 Receive & File: Council Calendar 4.3 Authorize Submission of a Division of State Lands Wetlands Planning Assistance Grant Application - Resolution No. 93-50 4.4 Authorize Dedication of Reserve Strips as Public Right of Way to Allow Extension of Streets - Resolution No. 93-51 Motion by Councilor Fessler, seconded by Councilor Schwartz, to approve the Consent Agenda as presented, with the correction of the minutes as noted during.the Study Session. Motion was approved by unanimous vote of Council present. 5. APPEAL PUBLIC HEARING (QUASI-JUDICIAL) - AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING (TRIAD) SITE DEVELOPMENT REVIEW SDR 93-0009 PLANNED DEVELOPMENT REVIEW • PDR 93-0006. MARGE DAVENPORT AND BEVERLY SWINK, APPELLANTS LOCATION: 11165-11185 SW Naeve Street. North side of Naeve Street, west of SW 109th Avenue, south of Little Bull Mountain Apartments (WCTM 2S1 1ODB, tax lots 100 and 200, 2S1 LOAD, tax lot 9300, and 2S1 10AC, tax lots 600, 700, 800, and 900). An appeal of the Planning commission's decision and final order approving a request for Site Development Review and Planned Development approval of a 348 unit, 17 building, multi-family residential complex on a 26.2 acre parcel. APPLICABLE REVIEW CRITERIA: Planned Development Review approval criteria are found at Community Development Code Section 18.80.120. Site Development Review approval criteria are found at Code Section 18.120.180. In addition, these above listed sections require consistency with the following Community Development Code Chapters: 18.54, 18.56, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1, and 8.1.3. ZONE: R-12(PD) (Residential, 12 units/acre, Planned Development overlay) and R-25(PD) (Residential, 25 units/acre, Planned Development overlay) a. Public hearing was opened. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 3 LUBA NO. 93-191 Exhibit No. I Page No. b. Mayor asked for declarations or challenges. He . questioned whether any members of Council wished to report any ex parte contact or information gained outside the hearing, including any site visits. Councilor Hunt advised he visited the site with City Engineer Wooley and then, on his own, went again to the site for a second time and walked through the area. Councilor Fessler advised she was on Council when the Triad subdivision was heard before. She noted she had submitted written testimony before she was elected to Council with regard to the transportation amendment. She noted this testimony was in the Council record. Councilor Fessler advised she was willing to look at the issue again. All Councilors indicated they had familiarized themselves with the application. Mayor Edwards asked if there were any challenges from the audience pertaining to the Council's jurisdiction to hear the matter, or whether there was a challenge on the participation of-any member of the Council. C. Staff report: Community Development Director Murphy reviewed the staff report. He advised that Council's packet contained the Final Order of the Planning commission, as well as the minutes of the Planning Commission meeting where they approved the Final Order. In addition, he referred to an Exhibit "C" -which modified the wording of one of the conditions relating to the bicycle facilities. Community Development Director Murphy noted the appeal notice from the appellants, Marge Davenport and Beverly Swink, were also in the Council packet. Copies of the overhead projector pages used by Mr. Murphy during his presentation to Council, have been filed with the Council packet material. Mr. Murphy advised Council they would be deciding whether or not to uphold the Planning Commission decision, to deny the decision, or modify it in some fashion. Mr. Murphy reviewed the history of the Triad property. He also summarized the elements of the appeal (see overhead projector page which has been filed in the Council packet material labeled "Grounds for Appeal.") Mr. Jim Coleman, Legal Counsel, reviewed the planned development proposal which was appealed and then remanded by LUBA. Mr. Coleman reviewed the following with regard CITY COUNCIL MEETING MINUTES - OCTOBER 12. 1993 - PAGE 4 LUBA NO. 93-191 Exhibit No. Page No. • to the previous application and LUBA remand: (1) procedural criteria in 18.80.120 needed to be identified and addressed; (2) clarify whether Council approval was for a concept plan or detailed plan. (Planning Commission has made it clear that this is a concept plan); (3) transportation element has been resolved by filing a new application. Legal Counsel Coleman advised this is a new application with a new Planning Commission decision. The appellants have raised a series of issues. In order to approve the project, council will have to resolve whether the application has satisfied all of the standards. (i.e., standards for school capacity, tree preservation, the density on the site, impact on scenic resources, wetland and geological hazard issues.) The facts in this proceeding were very similar to the facts in the previous proceeding. Council had already interpreted the Code in a variety of situations; however those interpretations are not binding on Council. He pointed out, however, that all of the above-listed issues were raised and argued at LUBA and those Council decisions were affirmed. Mr. Coleman advised the Planning Commission has submitted • a Final Order which covers all the issues, and the Council's task is to determine whether or not they agreed as to how the issues had been resolved. Mr. Coleman also advised the focus should be on the information that was before the Planning Commission (a hearing on the record) ; however, Council had the flexibility to take in new evidence as Council deemed appropriate. City Engineer Wooley reviewed a map showing the neighborhood and how the road system fits together (this map has been filed with the Council packet material). City Engineer noted that, in 1990, Naeve was a collector street for this area on the Comprehensive Plan Transportation Map. There had' been a number of submittals for site development on the Triad site. Each of those submittals experienced obstacles because of traffic problems in the area. Because of this, in 1990, NPO 6 reviewed the Transportation Map for this area to determine if changes could be made. Council approved that process. NPO 6 decided on a new transportation plan which, while not deemed as ideal by the NPO, appeared to be the best solutions when considering the current zoning for the area. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993- PAGE 5 LUBA NO. 93-191 Exhibit No. Page No. When evaluating the Triad application, staff tested for compliance with the existing Comprehensive Plan, as well as past Planning Commission, Council, and LUBA decisions on the property. Mr. Wooley advised that the Triad plan reflects a new alignment of 109th Street north of Naeve, with changes to Naeve to match the new alignment. It is also proposed in the Planning Commission decision that an agreement be drawn up in which Triad would pay $300,000 to the City to go along with money the City has already appropriated to finish the new alignment of 109th, south of Naeve, down to Royalty Parkway. As part of that plan, the connection of Naeve Street to 99W would also be modified slightly by closing the median at 99W so that only right turns could be made at that location. One would not be able to-make left turns in and out of Naeve Street, once the connection to Royalty Parkway was finished. The City has been working with the State Highway Department and has completed a design for that road south of Naeve. Once funded, this section could immediately go to construction, which would include building the road and modifying the traffic signal at 99W. At this time, most of the right-of-way south of Naeve has been acquired. . Discussion followed on the proposed transportation configuration and the impacts that would be felt by the surrounding areas. Community Development Director Murphy advised there was an error on the Final Order that was before the Council from the Planning Commission. Planning Commission approved a motion to eliminate Condition No. 14(c). The Planning Commission decided that 109th Street should stay at least 40 feet wide to accommodate future buses, bicycles and pedestrians. City Engineer Wooley clarified that the steep gravel hill of the existing 109th would not connect to the new 109th. The road would dead-end. In response to a question from a Councilor, City Engineer advised the road would either be barricaded or there would actually be a grade difference between the two sections of road. Community Development Director advised that Naeve Street is now a local street. He noted that Lady Marion Street, as shown on the map, would be an extension of Sattler Street, which is considered a collector street. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 6 LUBA NO. 93-191 Exhibit No. _7 Page No. d. Public Testimony: Legal Counsel Coleman read the following statement. "For all those wishing to testify, please be aware that failure to raise an issue with sufficient specificity to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeal on this issue. Testimony and evidence must be directed toward the criteria that have been described earlier, and other criteria in the plan or land use regulation, which you believe to apply .to the decision." e. Co-Appellant Testimony: Beverly Swink, 15875 SW Greensway, Tigard, Oregon, advised she was also President of the Summerfield Civic Association. She noted that Summerfield did not approve of the proposed 348 apartments. Among the reasons enumerated for disapproval of this subdivision included: • No access to Pacific Highway. • Topography too steep to exit at Beef Bend Road onto Pacific Highway. • Naeve Road was not a desirable exit to Pacific Highway because if a future traffic light was installed, it would be too close to other traffic lights. • This- 26-acre piece of land would have limited access to Pacific Highway. • Disagreement that 109th be reconfigured to accommodate the tenants of 348 apartments to reach Pacific Highway. • Concern that only two routes out of the 348-unit complex would be available. • Lady Marian Street is not scheduled for completion until development occurs at some time in the future. • Concern that the new 109th would be used by the residents in the 348-unit complex to go to Albertson's, Payless and other stores, if they are able to turn left onto Naeve and travel to the old 109th through Summerfield. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 7 LUBA NO. 93-191 Exhibit No. 7 Page No. • Concern that increased traffic would be dangerous • for the 55-year old and older residents of Summerfield. Ms. Swink noted that many of these residents walk through their community. She advised that Summerfield Drive goes through the middle of a golf course. Golfers are often walking and riding in their golf carts in this area. • Concerns were expressed about the increased number of children skateboarding, rollerblading, and biking through the Summerfield community. • Concern that with all the emphasis on using public transportation, that Triad had not-planned on a way to easily access a bus stop=on Pacific Highway. • Noted that Little Bull Mountain is designated as a scenic area in the Development Code. She did not think a 348-unit apartment complex was in keeping with this designation. • The area around Summerfield has been saturated with apartments. • Ms. Swink advised that if the Triad development was approved by City Council, Summerfield requested the Council provide for a "no left turn" on the new • 109th and Naeve intersection. Mayor Edwards was advised by Legal Counsel that if additional evidence was presented in addition to what was in the Planning Commission record, any party could request that the record remain open for seven days after this hearing to supplement the record. Co-Appellant Marge Davenport, 15100 SW 109th, Tigard, Oregon presented testimony. Ms. Davenport questioned what the new evidence was as referred to by Mr. Coleman. It was noted that the map submitted for council review during the staff presentation was not submitted at the Planning Commission level. Ms. Davenport noted for the record that Mr. and Mrs. Allen Erickson, who live just below her on SW 109th Street were ill and could not be present at this hearing to testify. Mr. and Mrs. Erickson asked Ms. Davenport to convey their objection to approval of the Triad development. She said Mr. Erickson was also concerned about the barrier called for by the plan on the old 109th to the new 109th, which will be below their driveway access. The Ericksons were concerned about access to their tree farm property. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 8 LUBA NO. 93-191 Exhibit No. 7 Page No. -J-ov Ms. Davenport submitted to Council several pages of information which she felt pointed out errors in the Planning Commission Final Order and staff report. In addition, Ms. Davenport submitted a letter concerning misinformation given to the Planning Commission by City Engineer Wooley. (A copy of this material is contained in the packet.) Ms. Davenport reported that in addition to Mr. Wooley's mis-statement to the Planning Commission at the hearing as explained in the letter to City Council, there were a number of other serious mistakes, errors or mis- statements. Ms. Davenport referred to a map concerning L-100 (this plan is on file with the Council packet material.) Ms. Davenport testified on her concerns for the trees in the subject area. Ms. Davenport noted her concern that information from the Oregon Department of Fish and Wildlife was not taken into consideration. (This was noted on Page 13 of the Planning Commission Final Order). Ms. Davenport noted concern that the Planning Commission failed to give consideration to a petition signed by more than 600 persons, asking for denial of the Triad Development. • She took issue with Page 17 of the Planning Commission Final Order; wherein it -stated the site is nearly surrounded by multi-family development or undeveloped property zoned for multi-family use. There is a small area of single family development across 109th from the site. The whole area east of the Triad development is zoned single family. She advised she was not sure if the parking lot requirements for Triad were met. She noted some concern that Page 12 of the report says there are no significant wildlife habitats designated on the site by the plan. She noted she was a science writer and is aware of the absolute necessity of preserving natural resources. She noted her concerns with protection about the Little Bull Mountain natural forest, and referred to Tigard's Comprehensive Plan Goal 5. The Little Bull Mountain natural forest, is the largest stand of natural carnivorous trees within the Tigard urban planning area. She noted the Comprehensive Plan says that much, if not most, of the remaining natural areas in Tigard could completely disappear as the community approaches full S CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 9 LUBA NO. 93-191 Exhibit No. Z Page No. - r2 development. She advised it was possible to preserve • significant portions of the natural life found in the area despite the trend. She noted planners emphasize the only value of the natural forest was the scenic value. She said she did not believe that was what the Comprehensive Plan says. The report, she advised, states the Triad proposal minimizes the cutting of trees. She disagreed with this statement. She noted there.is a letter on file with the City from an arborist stating that these are large fir trees and are almost old growth. She cited sections of the Comprehensive Plan which she felt supported her position. She advised Triad's proposal should be rejected because the plan does not preserve the trees. Other concerns noted by Ms. Davenport included the fact that 109th Street is being rerouted. She advised Triad did not want to include a bike path, but noted there are many bicyclists that regularly use 109th now. She said a bike path is essential, and the intent of recent law passed by the legislature requires bike paths on all new or relocated roads. She noted City Engineer Wooley advised this requirement was in place only if gas tax money was used, but added this did not excuse the safety aspect of the intent of the legislature, which was to cut down on auto traffic and provide for the safety of . cyclists. In addition, she advised that there had been no provisions made for bus service, now or in the future, with no pullout on 109th Street. Ms. Davenport said traffic safety issues are one of the most important reasons that the Triad application should be denied. Ms. Davenport reviewed some traffic figures and noted that a dangerous situation would be created in the Summerfield area with Triad's additional traffic. She noted concerns with the transportation configuration with regard to the extension from Royalty Parkway to Naeve Road, which is dependant upon development occurring. Ms. Davenport said the Code appears to require a 348-unit development to provide eight access points. She advised Triad would only have four access points which, in reality, she felt was only three, because one was just a street within the development. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 10 LUBA NO. 93-191 Exhibit No. 7 Page No. 4_ She noted the City Engineer maintains that off-street parking is not essential; she disagreed with this. She noted the Ericksons' have a registered tree farm and sell Christmas trees in November and December of each year; hundreds of cars need to park on the sides of 109th. Also, adequate space for getting in and out of driveways is necessary. Ms. Davenport cited figures and concerns about school district capacity. She referred to the new state law which requires cities to check with school districts about availability of facilities for students before a development can be approved. She noted safety concerns with drive-through traffic in the Summerfield area. There was some question as to the difference in the number of students quoted by Ms. Davenport and the numbers contained in staff material. After brief discussion, Mayor Edwards commented that Ms.. Davenport's information was from the State which differed from estimates from the local school district. The recent experience in the school district has been that the estimated numbers of students have come up between 400 and 500 students short of what was projected. Ms. Davenport urged Council to base their decision on the information presented to Council at this meeting. She noted the slate had been erased and previous decisions did not have to be taken into account. Ms. Davenport noted NPO 6 and previous City Councils have-tried to assure the protection of the Little Bull Mountain natural forest because it is so, important to Tigard and its future. She advised the Council was charged to look out for the best interest and safety of Tigard and its citizens. She also noted that 600 signers of a petition have asked Council to deny Triad's application. She said the Planning Department has had three years to obtain an independent traffic study rather than rely on information generated by Kittelson & Associates. She noted Mr. Kittelson was a reputable man, but asked Council to consider that he is also being paid by Triad. Ms. Davenport advised there are many safety issues involved with the traffic generated by this development. Finally, she advised there was no way Triad could comply with the City code requiring eight access points from this 348-unit complex. (Note: Colored photocopies of the treed area were submitted for Council view by Ms. Davenport. These are on file with Council packet material.) CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 11 LUBA NO. 93-191 Exhibft No. Page No. _,L_ . At this point in the testimony, Councilor Hunt asked Legal Counsel to report on the status of the new law on school involvement in planning. Legal Counsel advised he had access to a copy of the new legislation and would report on this after a short break in the meeting. f. Public Testimony: Steve Pfeiffer, attorney representing the applicant, 900 SW 5th, Portland, Oregon, 97204 testified. Mr. Pfeiffer advised that Ross Woods, Project Manager for the Triad Development, was available for questions. In addition, he noted Mr. Wayne Kittelson was present and would be addressing some of the points concerning traffic issues which were brought up during previous testimony. Mr. Pfeiffer advised the only substantive change in this application from the previous application reviewed by council was one which resulted from the LUBA appeal. He advised the northern-most building had been moved to add some additional trees per the recommendation of Mr. Fishman. He advised it was important to remember the nature of the application. He said it was not a plan amendment; it was not a request for a zone change; it was not a request to modify or increase the density in the area; and it was not an alteration from the long-established policy set for the site and surrounding area through the transportation plan. He advised the application was an implementation application and did not represent a change in the acknowledged plan. He further explained the implementation plan was to build at the density that has been planned on the site, together with transportation improvements as explained by City Engineer. Consequently, advised Mr. Pfeiffer, much of the testimony or concerns Council has heard about this site really are not issues before Council. He said it is a question of whether the application meets the criteria set forth by the City. Mr. Pfeiffer advised that Council had in front of them a new application which had literally been ruled upon by LUBA as to the many challenges raised in the prior, nearly identical, application. LUBA, advised Mr. Pfeiffer, affirmed virtually all those issues in terms of the Council's prior interpretation of its ordinance. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 12 LUBA NO. 93-191 Exhibit No. 9_ Page No. Mr. Pfeiffer then went through the different points that were addressed by LUBA and as brought up by the appellants in testimony earlier in the public hearing process. In response to an earlier concern brought forth by Councilor Hunt pertaining to the new law regarding schools, Mr. Pfeiffer advised the new law did not take effect until November 3, 1993. In addition, he advised the new law would require communities and school districts to cooperate to develop infrastructure plans at the school level. The new legislation, he advised, was a compromise between the development community and school districts. Mr. Pfeiffer advised the "no-left turn" request on the south bound lane of 109th onto Naeve posed no problem to them. In response to questions by Councilor Hunt, Mr. Pfeiffer advised the developers had explored the possibility of access to the bus shelter at Beef Bend & 99W. One of the problems is the steep grade change from the development. Mr. Pfeiffer said they had no other solution other than to rely on the sidewalks which will be part of the road improvements. • In response to some questions concerning vegetation, it was noted that approval of tonight's plan was for concept only. The actual location and the types of vegetation would not be developed until the developers submit the detailed plan. Ross Woods, Triad Development, PO Box 880070, Seattle, Washington, 98138, testified that what was before Council was a concept plan. He noted they hoped to leave as much existing vegetation as possible. He said the Planning commission's requirement was that they demonstrate how they were going to save the trees and protect them. Wayne Kittelson, 610 SW Alder, Suite 700, Portland, Oregon, 97205, advised he was a registered professional traffic engineer and founding principal of Kittelson and Associates, Inc. Mr. Kittelson advised the application before Council, from a traffic point of view, had not changed from the application that was before the Council previously. He advised the traffic analysis had not changed substantially, either. Mr. Kittelson went through a series of overhead projector pages (copies of which are on file with the Council packet material). Points brought out by Mr. Kittelson during his presentation were as follows: • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 13 LUBA NO. 93-191 Exhibit No. Page No. • Mr. Kittelson compared the schematic of the traffic as it existed today, as well as what was proposed. • He noted the traffic impact on King City streets, and noted the results if the intersection at Naeve was signalized. • He noted the plan does what it can to discourage movements into and out of Summerfield, while still allowing some traffic activity between neighborhoods. • Finally, in terms of the overall circulation plan, this proposal parallels Highway 99W and gives local residents routes to go between neighborhoods for local trips without going out onto the highway. Mr. Kittelson advised he believes traffic safety would be enhanced through the implementation of the proposed growth system, primarily because of the control of movements at Highway 99W and Naeve intersection. He advised Summerfield and King City neighborhoods were protected from additional through traffic, but not from all through traffic. He noted there were a lot of shopping opportunities • that surround the development, and said the Albertson's shopping center was not the only grocery store or retail opportunity in the area. Mr. Kittleson advised local residents are provided an alternative to Highway 99 for short returning trips. He advised he thought the proposed road system was a significant enhancement to the community and to the city and also the function of Highway 99. • In response to a question from Mayor Edwards, Mr. Kittelson advised the estimation of 2,088 car trips per day was an accurate figure. He advised the number of vehicles would not be on any one road, but they would come out at several different places and disperse both to the north and south. Council meeting recessed at 9:11 p.m. Council meeting reconvened at 9:25 p.m. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 14 LUBA NO. 93-191 Exhibit No. #7 Page No. - / Joe Vine, '15202 SW Alderbrook Place, Tigard, Oregon, . 97224. Mr. Vine asked several questions concerning the possibility of increased impact to those persons living on Sattler Street. He questioned whether or not those people could be told how much more traffic Sattler was going to have to handle. In addition, Mr. Vine asked for clarification as to why the petition, with over 600 signatures, was not given greater attention. Mayor Edwards responded the Triad development would generate over 2,000 cars a day. Mayor Edwards indicated he did not know whether numbers had been estimated for potential future projects which could impact Sattler. With regard to the petition, Mayor Edwards deferred to staff to answer this question. Community Development Director Murphy noted this was a quasi-judicial issue which made the difference in the effectiveness of a petition. He advised a petition would be very effective when dealing with legislative matters, like the City Comprehensive Plan. However, when a developer comes in and complies with the Code which has already been set, the petition cannot change the law. A petition may or may not influence the Council; however, it would not change the criteria of the Code and that is what Council would have to go by. Mr. William Lindsey, 15505 SW 109th, Tigard, Oregon, testified. Mr. Lindsey referred to a map on display and noted concerns about the future development of surrounding property. He advised that additional traff is impact to the area would eventually occur. He said he this future impact had not been taken into consideration in conjunction with the Triad proposal. Mr. Lindsey advised a grievous error had been made when the zoning was changed. He said the application for this project ought to be rejected by sustaining the appeal, and the procedure should be started right away to change the zoning back to what it was originally. He noted that if the property were developed at R-5 or R-7, the traffic impact would be significantly less. Walt Munhall, 14805 SW 103rd Avenue, Tigard, Oregon, 97223. Mr. Munhall advised he was in Canada last summer and spent two weeks in old growth timber. He advised that after this trip he had been "brainwashed thoroughly" as to the importance of greenspaces. He expressed concerns about livability if the Triad development was approved. He said Council should respond to the over 600 people who said "no" to the project. Mr. Munhall advised he thought the project should be residential homes, not apartments. • CITY COUNCIL MEETING MINUTES - OCTOBER 12. 1993 - PAGE 15 LUBA NO. 93-191 Exhibit No. _ 7 Page No. • Mr. Munhall concluded his remarks by asking that if Council did vote for the Triad Development, to please force them to provide big greenspaces to protect growing trees. In addition, he also access to buses should be a major requirement. g. Rebuttal Testimony: Legal Counsel Coleman noted the purpose of rebuttal was to comment on the points that had been raised in opposition to the appellant's position. Marge Davenport advised she would like to comment on the fact they had not heard any testimony about the lack of compliance with the access points to the development. She said this was the key issue because this was not a safe project due to the lack of access points. Ms. Davenport re-emphasized City Council was not bound by previous decisions or by previous testimony. She said Council could make any decision they wanted on this new application. She advised that in addition to the Goal 5 resource, Tigard has a tree code. She noted Mr. Kittelson talked about people being able to walk on the sidewalks to Naeve. She said she didn't realize Triad was going to put sidewalks all the way up to 99W and Naeve. She noted in looking at the plans that it was obvious trees were going to be destroyed. She said they should be preserved. Ms. Davenport advised she could not believe that 2,088 or more cars a day would be an enhancement to the traf f is in the area of Tigard anywhere. She further advised she did not think the statement that 600 people who objected to the Triad proposal would not carry any weight should be allowed. Beverly Swink was given an opportunity to rebut. She advised she felt the testimony from the traffic expert stating that the extension would take care of a lot of the traffic problems was incorrect. Ms. Swink advised she thought the traffic would come down onto 109th. In response to a question from Councilor Fessler, Community Development Director Murphy reviewed the transfer of residential units to this area making it high density (R-25). • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 16 LUBA NO. 93-191 Exhibit No. I Page No. In response to the earlier question by Councilor Hunt • concerning Senate Bill 908 with regard to schools and coordination between school districts and cities, the following clarification was offered. Legal Counsel Coleman advised that by December 31, 1995, where a city or county has within it what is called a high growth school district, those cities and counties must include in their Comprehensive Plans a school facilities plan that is prepared by the district. This would be a long- term planning and coordination effort. This requirement is not effective until November 4. Therefore, between November 4, 1993 and December 31, 1995, where there is a high growth school district, the cities and counties and districts have to coordinate and include some provisions in the plans. Legal Counsel Coleman advised this piece of legislation clearly does not apply to this application, and long term, will not apply to quasi- judicial applications. This legislation will apply to plan and zoning regulations. h. Public hearing was closed. i. Council consideration: • Councilor Schwartz referred to the history of the Albertson's property rezoning. The Albertson's property, at one time, could have had apartments built on it. With the rezoning which allowed for the Albertson's development, a shift in density had to occur to other parts of the city. Part of this density went to the Triad area. Councilor Schwartz noted the Triad development area is zoned multi- family. If Triad was not approved, other developers could purchase the property and build there. Councilor Schwartz advised the City Council must look at what the current zoning is. Councilor Schwartz added he thought if the tax lots were developed piecemeal, in the long run approximately the same number of units would be added to the area. In addition, there is a possibility that not as many trees could be saved if development occurred piecemeal. Councilor Schwartz noted the Triad development will mean that there will be some major road improvements. The extension of 109th to connect to the King City light would be of benefit. If this development did not go through and smaller developments were allowed to occur, the possibility of significant road improvements would not be as great. . CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 17 LUBA NO. 93-191 Exhibit No. _2! Page No. 7 . With regard to the tree issues, Councilor Schwartz noted this was a concept plan. A developer does not have the right at this point to cut down any trees. There are still many things that can be done to try to preserve as much of the vegetation as possible. Councilor Schwartz noted that because of the requirements of the Code, it was difficult to take the petition signers into consideration. If this was denied on the basis of the petition signers, at some point either LUBA or a court would tell the city that they could not deny a developer the right to build on property which was properly zoned. Councilor Schwartz advised he supported the Triad application. Councilor Hunt noted he recently looked at the Scholls Ferry Road area where development has occurred. He noted he was concerned about the negative visual impacts of apartment buildings citing comparisons of the subject area to the Scholls Ferry area. Councilor Hunt advised that the traffic problems concerned him. He advised children going to school would mean there would be traffic directed either by going through Summerfield or on 109th to Murdock. He also noted Murdock did not have sidewalks on it at this time. Councilor Hunt noted if Lady Marian Street was constructed, many of the problems could be resolved by providing a transportation route to the schools. He disagreed with that portion of Mr. Rittelson's report which said that the Summerfield neighborhoods would be protected from additional traffic. Councilor Hunt said he did not see why the density could not be changed to a less-dense classification. He noted other areas within the city, such as in the Triangle area, would better accommodate high density development. In response to a question from Councilor Fessler, City Attorney advised that in order to turn down the application, the Council must conclude that one or more of the applicable standards have not been satisfied based upon the evidence received in the record. . CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 18 LU BA NO. 93-191 Exhibit No. Page No. Councilor Fessler noted her concerns with the high density even though the Triad development would not be as densely developed as could be allowed. She reviewed the problem areas cited by the appellants. Councilor Fessler advised she thought they were going to lose part of the Little Bull Mountain forest. She noted the City was re-assessing the Goal 5 provisions and preparing to inventory natural resources, including natural treed areas. She urged everyone to get involved in the CIT process as this re-assessment develops. She noted Tigard is in a situation where it has almost grown out to its capacity. She said there was a need to protect the inner city. Councilor Fessler said she would reluctantly approve the proposal because she did not see where any fact-finding policies could be developed to demonstrate the criteria had not been met. Mayor Edwards noted he was the dissenting vote on the original application because he was not in favor of the transportation configuration. He referred to testimony from the Summerfield neighborhood and acknowledged the concerns with the pedestrian and golf cart traffic. Mayor Edwards . noted the Summerfield neighborhood did not have a right to stop everything from going through their community as it was not a private piece of property. Mayor Edwards said it was up to the Council to try to-protect the residents so there would be the least amount of impact to them. Mayor Edwards said he would not vote against the proposal because he could not find any legal grounds to deny it. Discussion followed regarding the Planning Commission Final Order and the recommendation that 14(C) be deleted. Community Development Director Murphy clarified that the Planning Commission suggested that 14(c) be deleted. 14(c) would have given the City Engineer the authority to reduce the street width on certain portions of 109th. Discussion followed. Council also discussed the "no left turn" onto Naeve. After discussion, it was determined this situation could be monitored and a re-assessment of the "no left turn" could be made if it appeared there was a problem with the traffic. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 19 LUBA NO. 93-191 .Exhibit No. Z_ Page No. d_ • Councilor Fessler noted that on Condition 21, she would like to see an independent certified arborist look at the entire project. Community Development Director Murphy raised the issue of providing a route to a bus shelter. After discussion, it was decided this issue would not be addressed at this time. j. Motion by Councilor Schwartz, seconded by Councilor Fessler, to uphold the Planning Commission's Final Order and direct staff to prepare a City Council Final Order. Discussion followed. It was determined that Item 14(c) would be deleted from the Final Order, and that Condition 21 on Page 26 would be amended to require an independent, certified arborist. Motion was approved by a majority vote of Council present. (Mayor Edwards and Councilors Fessler and Schwartz voted yes; Councilor Hunt voted no). 6. PUBLIC HEARING (LEGISLATIVE) - ZONE ORDINANCE AMENDMENT ZOA 93-0006 GRILLO/HUGHES LOCATION: Citywide. A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow . Construction Contractor's Professional Offices as a Conditional Use in the C-P (Professional Commercial) zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.22.040 and 18.64.040 (A). a. Public Hearing was opened. b. There were no declarations or challenges. C. Community Development Murphy reviewed the staff report, which is on file with the Council packet material. d. Public Testimony: Mr. Phil Grillo, 391 SW Washington Street, Portland, Oregon, 97204, advised the staff had adequately outlined the purpose of the amendment in the staff report. e. Public Hearing was closed. There was discussion between Councilor Schwartz and Community Development Director Murphy with concerning which issues should be heard before the Hearings officer or the Planning Commission. No changes to the proposal resulted from this discussion. • CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 20 LUBA NO. 93-191 Exhibit No. Page No. V O _7Z- 'ON eBed -"T-'ON nglUx3 1.61.-£6 'ON vein COMMUNITY NEWSPAPERS, INC. Legal, P.O. BOX 370 PHONE (503) 684.0360 Noticd~ 7694 BEAVERTON, OREGON 97075 The following meeting highlights are published for your informad6 gull Legal Notice Advertising agendas may be obtained from the City Recorder, 13125 S.W, all Boulevard, Tigard, Oregon 97223, or by calling 639-4171. ' • City of Tigard • ❑ Tearsheet Notice CITY COUNCIL BUSINESS MEfiTIN(} ' att: Terry OCTOBER 12,1993 • 13125 SW Hall Blvd • ❑ Duplicate Affidavit 77GARD CITY HALL -TOWN HALL • Tigard, Or 97223 • 13125 S.W. HALL BQULEVARD, TIOARD, OREGON 1 . Council Meeting ('Ibwn Hall Conference Room) . orrwre. Study S ;t ession (6:30•P.M.) • Agenda Review ~v AFFIDAVIT OF PUBLICATION Business Meetiri Ai(7:30 PM.) STATE OF OREGON, jb COUNTY OF WASHINGTON, tsnol!: a9, ~ Contract Review Board Meetin 12 nov I;' Public Hearings:g I,- J r~th ~phler 9nc~pu coos r~ - Appeal of Planning Commission Decision (TRIAD) a 1at#V . ) ,act a' request for Site Development pppp 9 being first duly sworn, depose and sa th t I m the Advertising ScS wine, nobler!. Review and Planned•Dev Director, or his principal clerk, of the- g/69~+ rr- ,scS ment of a 348-unit, 17-building, multi-family residendal-t6m- a newspaper of general cirulation as defined in ORS 193.010 Plea on a 26.2 acre parcel. (Tnad/SDR 93-0009 and 193.020; published at 11$ard In the 11165-11185 S.W. Naeve Street ) - LO~e;an' (North side of Naeve Sheet, aforesaid count and at te; tha the west of S.W. 109th Avenue, south of Little Apartments). Bull IVtountain: City Council Busfness Meeting - e Idment a printed copy of which is hereto annexed, was published in the Zone Ordinance Am '1 I T) (ZOA 93-0006)- (}ri11o/Hng~- A regyest:to amend a Development Code to allow Consfl'itc- entire Issue of said newspaper for On® successive and lion Contractor's Professional offices as a conditional use in:the consecutive in the following issues: Cwi e(Professional Commercial) zoning district. Location: City- • Executive. Session: The Tigard City Council Octma . 7, 1993 y go into l3ie64- tive Session under.the provisions of ORS 192.660 (1) (d), (e)ji:-&. (h) to discuss labor relations, real property transactions, current and pending litigation issues. y,,•; T M694 - Publish October 7, 1993. Subscribed and sworn to ore me this 7th day of October 19 OFFICIAL SEAL ROBIN A. BURGESS WC TARY PUBLIC - OREGON Notary tc for Oregon OMMISSION NO. 024552 ISSION EXPIRES MAY 16,1997 My Commission Expires: AFFIDAVIT _ LUBA NO. 93-191 C Exhibit No. gi Page No. COMMUNITY NEWSPAPERS, INC. Beget PUBLIC BEARINGS '~T 7687 A, P.O. BOX 370 PHONE (503) 684.0360 Notice The following will be considered by the Tigard City Council on Octobe 9 BEAVERTON. OREGON 97075 R F C E I V E t) 12,1993, at 7:30 P.M., at Tigard Civic Center, Town Hall Room, 13125. S.W. Hall Boulevard, Tigard, Oregon, Further information -tnay: ba Legal Notice Advertising UC p 1993 obtained from the Community Development Director or City Recorder;, the same location or by calling$ 639-4171. You are invited to sub ' City of Tigard • Tearsheet Notice written testimony in advance of the public hearing; written and.or 13125 SW Hall Blvd. ;.Ii y OF TIGARD testimony will be considered at the hearhig:'The public hearing will-W O Duplicate Affidavit conducted in accordance with the,applicable Chapter 18.32 of the Tigar4' ' Tigard, Oregon 97223 • Municip8l Code and any rules of procedure adopted by the Council and available at City. Hall. An ^10 A U~ + (1~►U CaZ SITE DEVELOPMENT REVIEW SDR 93.0009 PLANNED DEVELOPMENT REVIEW PDR 93-0006 ar,►r.ua ~t MARGE DAVENPORT AND BEVERLY SWINK APPELLANTS AFFIDAVIT OF PUBLICATION "~Q'o ry,•~, LOCATION: ,11165-1.1.185 S.W,:Naeve:Street. North.side of Naevd 1TATE OF OREGON, Street,.,west of S.W. 109th Avenue, south of Little Bull.Mountain ;TATTY OF WASHINGTON, >ss' ' ` A ants (WCTM 2S1 IODR tax lots 100'and 200, 2S1 LOAD, tax lot Judith Koehler 9300, and 2S1 I0AC, tax lots 600, 700, 800, and 900). An appeal of,the Planning Commission's decision and final order +eing first duly sworn, depose and say that I am the Advertising approving wiequest for Site Development Review and Planned +irector, or his principal clerk, of the 0 Development approval of a 348 unit, 17 building, multi-family residential . newspaper of general circulation as def ned In ORS 193.010 complex on a 26.2 acre parcel. APPLICABLE REVIEW CRITERIA:: . ,nd 193.020; published at Ti Ard In the Planned Development Review approval criteria are found at Communit. for Bald cour~~y nd state, t ~e Development Code Section 18..80.120. Site Development Revie eHearing/ LY~ad 5UR 93-f(t9 _ approval triteda are found at Code Section 18.120.180. In addition, these printed copy of which is hereto annexed, was published in the above listed sections require consistency with the following Communityy One successive and Development Code Chapters: 18.54,18.56,18.$4,18.92,18.100,18.102; ntire issue of said newspaper for 18.106..1$.108,18.114,,18.120,18. 150, and Comprehensive Plan Policies onsecutive in the following issues: 2.1.1, 3.1.1, 3.4.2.4.2.1,6.1.1.6.6.1,- 7.1.2, 7.2.1, 7AA, 7.5.1, 7.6.1, 8.1.1 and 8.1.3. ZONE: R-12(PD) (Residential, 12 units/acre, Planne Sept. 30, 1993 Development overlay) and R-25(PD) (Residential, 25 units/acre, Planned Development overlay). AMENDMENT ZOA 93.0006 ZONE 'O' GRILLO/HUGHES LOCATION: Citywide.: A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow Construction Contractor'ti 4FFiCIAL SEAL Professional Offices as a Conditional Use in the C-P (Professional ,bscribed and sworZtofore me this ~nt~, ~a; n_f September Commercial) zoning district. APPLICABLE REVIEW CRITERIA: ROBIN A. BURGESS Community Development Code Sections 18.22.040 and 18.64.040 (A).4"' (191 NOTARY PUBLIC - OREGON COMMISSION NO. 024552 TT7687 -Publish September 30, 1993. Nota blic for Oregon MY COMMIS;'iION rXPIRES MAY 18, 1997 I Commission Expires: FIDAVIT Mepending on the number of person wishing to testify,. the Chair of the Council may limit the amount time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM `NO. 5 DATE: October-12,1993"' APPEAL PUBLIC HEARING (QUASI-JUDICIAL) - AN APPEAL OF A PLANNING-COMMISSION DECISION APPROVING (TRIAD) SITE DEVELOPMENT REVIEW SDR 93-0009 PLANNED DEVELOPMENT REVIEW PDR 93-0006. MARGE DAVENPORT AND BEVERLY SWINK, APPELLANTS t~ PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS LUBA NO. 93-191 Exhibit No. 10 Page No. GENDA ITEM NO. 5 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Nam Name dress Address ~ 5707 S G~~~,vs G~/r~ y Name Name Address 1 S ~O S w . ,roo Name Nam Address Name Marne Address i j I U U ~ w '"1 1 Address Name 1 Name Address Address { Name Name ` Address Address Name Name Address dress Name Name Address Address "ar"e Name Ad Tess Address Name Name Address Address Name Name Tess AM Address LUBA NO. 93-191 Exhibit No. O Page No. CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items • can be heard in any order after 7:30 p.m_ Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Dean. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments, and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 P.M. on the Thursday preceding the meeting date at the same phone numbers as listed above. 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA t i COUNCIL AGENDA - OCTOBER 12, 1993 - PAGE 1 LUBA NO. 93-191 Exhibit No. Page No. ~•s" TIGARD CITY COUNCIL MEETING OCTOBER 12, 1993 AGENDA • STUDY SESSION (Town Hall Conference Room - 6:30 P.M.) Agenda Review Council Communications/Liaison Reports 1. BUSINESS MEETING (Town Hall - 7:30 P.M.)) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATION: Disability Employment Awareness Month - October 1993 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in -one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 - Approve Council Minutes: September 14, 28 & 29, 1993 4.2 Receive & File: Council Calendar 4.3 Authorizes Submission of a Division., of State Lands Wetlands Planning Assistance Grant Application - Resolution No. 93-5D 4.4 Authorize Dedication of Reserve Strips as Public Right of Way to Allow Extension of Streets - Resolution No. 93-31 5. APPEAL PUBLIC HEARING (QUASI-JUDICIAL) - AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING (TRIAD) SITE DEVELOPMENT REVIEW SDR 93-0009 PLANNED DEVELOPMENT REVIEW PDR 93-0006. MARGE DAVENPORT AND BEVERLY SWINK, APPELLANTS LOCATION: 11165-11185 SW Naeve Street. North side of Naeve Street, west of SW 109th Avenue, south of Little Bull Mountain Apartments (WCTM 2S1 101313, tax lots 100 and 200, 2S1 10AD, tax lot 9300, and 2S1 10AC, tax lots 600, 700, 800, and 900). An appeal of the Planning Commission's decision and final order approving a request for Site Development Review and Planned Development approval of a 348 unit, 17 building, multi-family residential complex on a 26.2 acre parcel. APPLICABLE REVIEW CRITERIA: Planned Development Review approval criteria are found at Community Development Code Section 18.80.120. Site Development Review approval criteria are found at Code Section 18.120.180. In addition, these above listed sections require consistency with the following Community Development Code Chapters: 18.54, 18.56, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1, and 8.1.3. ZONE: R-12(PD) (Residential, 12 units/acre, Planned Development overlay) and R-25(PD) (Residential, 25 units/acre, Planned Development overlay) COUNCIL AGENDA - OCTOBER 12, 1993 - PAGE 2 LUBA NO. 93-191 Exhibit No. Page No.. 72-2 (Triad Appeal Hearing - cont'd) a. Open Public Hearing b. Declarations or Challenges C. Staff Report - Community Development Department d. Appellant Testimony e. Applicant Testimony f. Public Testimony Proponents Opponents Rebuttal g. Council Questions/Comments - h. Public Hearing Closed - - - - i. Council Consideration: Motion directing staff to Prepare Final Order 6. PUBLIC HEARING (LEGISLATIVE) - ZONE ORDINANCE AMENDMENT ZOA 93-0006 GRILLO/HUGHES LOCATION: Citywide. A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow Construction Contractor's Professional Offices as a Conditional Use in the C-P (Professional Commercial) zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.22040 and 18.64.040 (A). a. Open Public Hearing b. Declarations or Challenges C. Staff Report - Community Development Department f. Public Testimony Proponents Opponents g. Council Questions/Comments h. Public Hearing Closed i. Council Consideration: Ordinance No. 93-26 7. ADMINISTRATIVE REVIEW & UPDATES Scholia Ferry Billboard (Legal Counsel) 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT =101zs3 COUNCIL AGENDA - OCTOBER 12, 1993 - PAGE 3 LUBA NO. 93-191 Exhibit No. Page No. ~'7' COUNCIL AGENDA ITEM J . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Oct. 12. 1993 DATE SUBMITTED: September 29, 1993 ISSUE/AGENDA TITLE: Appeal of Plan- PREVIOUS ACTION: _Planning commission nina Commission approval of SDR 93-09 hearing oar _8/16/93 and P 93-06 Tigard (Triad Ltd PREPARED BY: Dick Bewersdorff DEPT HEAD OK L~ CITY ADMIN OK REQUESTED BY:_ Ed Murphy ISSUE BEFORE THE COUNCIL Should the City 'Council uphold the Planning commission's approval of a 348 unit multi-family development plan-for the southern slope of Little Bull- Mountain? Marge Davenport and Beverly Swink have appealed the approval. STAFF RECOMMENDATION It is recommended that the City Council uphold the Planning Commission's approval of the site development review/planned development subject to the conditions of approval contained in Final Order No. 93-14 PC as amended by adding a finding related to a bike trail (Exhibit C). INFORMATION SUMMARY - - On August 16, 1993 the Planning commission approved the development plan by Triad Tigard Ltd. Partnership for a 348 unit multi-family development project object to conditions. While other approvals have been granted in the past he August 16, 1993 review is a new application. The history of previous development applications is listed in the attached Planning Commission--Final Order. Marge Davenport and Beverly Swink_ - have--Jointly_..__appealed_, the Planning Commission's decision. Their appeal lists grounds including failure to: protect trees, recognize traffic impacts, provide for bus transportation, provide bike paths, comply with the City's Comprehensive Plan regarding diversity and neighborhoods, consider neighborhood concerns and input, provide for storm runoff, provide the required number of access points, consider NPO request to deny, assure completion of the south end of 109th, comply with the policies of the development code as listed on page 11 of the final order and consider overcrowding of schools. Attached are copies of the Davenport/Swink appeal (Exhibit A), minutes of the August 16, 1993 Planning Commission meeting (Exhibit B), Planning Commission Final Order No. 93-14PC and the applicant's development plans. Staff finds that the issues raised by Davenport/Swink have been sufficiently addressed in the Planning Commission's review process for this application or are not applicable to this development. The Comprehensive Plan does not call for -special resource protection for the proposed Triad site. Staff does suggest modification of the Planning Commission findings relative to bicycle trails as shown on attached Exhibit C. This further defines the City position related to Oregon Revised Statute requirements. • LUBA No. 93.191 Exhibit No, Page No. PROPOSED ALTERNATIVES- . Uphold the Planning Commission's approval of the site development review/planned development subject to the conditions of approval contained in Final Order No. 93-14PC. 2. Uphold the Planning Commission's approval of the site development review/planned development subject to the conditions of approval and findings contained in Final Order No. 93-14PC as modified or added by the City Council. 3. Deny the request on appeal, thereby overturning the Commission's decision. FISCAL IMPACT None. LUBA NO. 93-191 Exhibit No. j Page No. elf LAND USE DECISION' APPEAL FILING FORM Fha City o: Tigard supports the citizen's right to part ii:i.p:+te in local government. Tigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decision:. CITY OF TIGARD The following fora has been developad to assist you in filing an ;appeal of a land use decision in proper OREGON form. To determine what filing foes will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639--4171. 1. APPLICATION BEING APPEALED:SDR 93-009 /PDR 93-006 Approval by Panning Commission of 348 rental apartment development by Triad t Partnership 2. HOW DO YOU QUALIFY AS A PARTY: Tigard residents affected by decision property owners, taxpayers, concerned citizens! 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: Violation of migard's Goal 5 Comp- rehensive Plan'#Failure to adequately protect large trees.- )Failure to rec- ocnize traffic impact on area (no adequate traffic study, only study paid for by eveloper . Failure to recognize traffic =pact on- Sumner ie d Senior coLnunity.Failure to provide for bus transportation for 1,055 plus residents of development at time when public transportation must be en- couraged. Failure to-provide bus pullouts on minor collector (109th). Failure to provide bit=e paths as required by law. Approval is also in violation of next, law regar4t overcrou4ing of Tigard Schools. Failure to consider or comply with Tigard-City Code or comprehensive plan re diver- sity of neighborhoods--area alrad• impacted with rental and multi le famil (I've requested figures, but they have not been provided by staff. Decisi n has ignored- nei _hbor!rood--: input--- an-d=-concern-s -az---expressed by petition with 600 or more signatures on file with city asking for denial of development and citing valid reason. (At time-when City is saving the need citizen input!). Decision ignores needs of adjacent residents and violates code regarding adequate protection for single family neighbors. Failure to assesgand provide for storm runoff to Tualitan in compliance wit nn new reg- ulations (no specifics to insure). Development does not have required no. of access points and is therefor unsuitable for development of such lar e 4~- .~CNEDU_L! D.>39TE DECISION IS TO BE FINAL: no. of units. (over) Sept. 9 3:30 p.m. 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: A.ug.27 1993 6. SIGNATURE(S):r8lu",i t i swr~ C 7~i.N J r ~HHE-)HHE-~~f-1HHE-lE-?f-Xif-)f~(:4~E~HHHf'~f-1E~E~f-~( -NiE if-)f-)E FOR OFFICE USE ONLY: R -eived By:L. Ujhpnt Date:`'1191Cf3 Time:1I-,304a Approved As To Form By -411 Date: Is/ 3 Time: ~yQ.,h Denied As To Fo M By: Date: Time: Receipt No. 4i3-QV3cl(P ci Amount: 13iS'-' • * x•X-x-x-xac-X•X-"*X*X-X-X-x-X-X x-t-XX K X X X-X4i*X c x " *-X4Pk*X** H(*X* x (X is x x scat x atac x x x~tac x 13125 SW Hall Blvd„ P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 LUBA NO. 93-191 Exhibit No. Page No. 4Po Failure to ^ive consideration to i'^C r_eruest to :?en~T ann)_ication. Failure to assure that south end of 109th extension will be completed before development is started--otherwide Naeve intersection will be safety hazard. ,of unrecognized proportion. Failure to comply with policies of Tigard Development Code listed on Page 11 of Final order. LUBA NO. 93-191 Exhibit No. Page No. EXHIBIT "B" TIGARD PLANNING COMMISSION Regular Meeting Minutes - August 16, 1993 1. CALL TO ORDER: Commissioner Castile called the meeting to order at 7:55 PM. The meeting was held in the Tigard Civic Center - Town Hall - 13125 SW Hall Boulevard. 2. ROLL CALL: Present: Commissioners Castile, Holland, Saxton, Schwab (arrived at'7:55 PM), Schweitz. Absent: President Fyre, Commissioners Boone, Moore, Saporta. Staff: City Attorney Bill Monahan, City Engineer Randy Wooley, Senior Planner Dick Bewersdorff, Planning Commission Secretary Lorraine Campbell. 3. APPROVE MINUTES • Commissioner Schwab -moved -and Commissioner -Holland seconded to approve minutes of August 2, 1993. Motion carried by majority of Commissioners present. o Commissioner Saxton stated that as his term on the Planning Commission expired on June 30, 1993, and he was not reappointed to the Planning Commission until August 8, 1993, he should not have been marked absent in the July or August 2, 1993 Minutes. 4. PLANNING COMMISSION COMMUNICATIONS There were no-Planning Commission communications. 5. PUBLIC HEARING o City Attorney, Bill Monahan, stated his office also represents the City of King City and he would be able to respond to any issues relating to King City. • Page 1 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. /-Z Page No. i 5.1 SITE DEVELOPMENT REVIEW SDR 93-0009 PLANNED DEVELOPMENT REVIEW PDR 93-0006 TRIAD LOCATION: 11165-11185 SW Naeve - Street. North side of Naeve Street, west of SW 109th Avenue, south of Little Bull Mountain Apartments (WCTM 2S1 1ODB, tax lots 100 and 200, 2S1 LOAD, tax lot 9300, and 2S1 10AC, tax lots 600, 700, 800, and 900). A Planned Development Review/Site Development Review of a plan for development of a 348 unit, 17 building multi-family residential complex on a 26.2 acre property. APPLICABLE APPROVAL CRITERIA: Planned Development Review approval criteria are found at Community Development Code Section 18.80.120. Site Development Review approval criteria are found at Code Section 18.120.180. In addition, these above listed sections require-consistency with the following Community Development Code Chapters: 18.54, 18.56, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.-1.1, and 8.1.3. ZONE: R-12(PD) (Residential, 12 units/acre, Planned Development overlay) and R-25(PD) (Residential, 25 units/acre, Planned Development overlay) o Senior Planner, Dick Bewersdorff, reviewed the staff report for the development of a 318 unit, 17 residential building complex on 26.2 acres. He said the proposal was basically the same site plan as was approved by the Planning commission in late 1991 and approved on appeal by the City Council in early 1992. The applicants have resubmitted the application in response to an Oregon Land Use Board of Appeals' remand of the Council's earlier decision. Mr. Bewersdorff referred to a letter received August 16, 1993 in opposition from Dorothy Sterrett dated.August 14, 1993. Mr. Bewersdorff said staff recommends approval of this application. APPLICANT'S PRESENTATION o Steven Pfeiffer, Matrix, 900 SW 5th Avenue, Portland, Oregon 97204, discussed the history of the application. o Ross Woods, Triad Development, P.O. Box 88070, Seattle, Washington 98138, talked about the realignment of SW 109th Avenue and the changes that will be made to the development. o Wayne Kittelson, Kittelson & Associates, 610 SW Alder, Suite 700, Portland, Oregon 97205, gave a brief overview of traffic issues. He handed out a Presentation overview and reviewed existing conditions, proposed road improvement features, traffic effects of planned road improvements and discussed the their findings and conclusions Page 2 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. 2-_' Page No. ~3 o Commissioner Saxton asked what percentage of the traffic on the extension of Royalty Parkway/SW 109th will be generated by the apartment complex. Wayne Kittelson responded that it will be approximately 25-30%. 0 Commissioner Castile read a letter from Sue Carver, Chairman of NPO #6 and asked if anyone wanted to make an NPO presentation. NPO COMMENTS 0 Marge Davenport NPO 16 said the NPO remains strongly opposed to the Triad development and stated the reasons that the NPO wants the Planning Commission to deny the application. o The issue of school overcrowding was raised and City Attorney, Bill Monahan, referred the City's Comprehensive Plan policy 7.8.1, which states that the Planning Commission is not compelled to make a finding that adequate school capacity exists. PUBLIC TESTIMONY 0 Howard Graham, 9410 SW Lakeside Drive, Tigard, Oregon 97224, was asked by the- Summerfield Board of Directors to present testimony concerning the Triad development. He said Summerfield's main concern was the increase in traffic which will flow through Summerfield from the Triad development. He requested that there be a no left turn sign on SW 109th Avenue at SW Naeve Road for southbound traffic on 109th. He asked if the Planning Commission would monitor future traffic problems in Summerfield. o Beverly Swink, 15875 SW Greens Way, Tigard, Oregon 97224, President of the Summerfield Civic Association. Ms. Swink handed out a map of the Summerfield area and discussed Summerfield's concerns; namely, increased traffic from Triad through Summerfield; more children who will skateboard, rollerblade and ride bikes, and inadequate access to public transportation. o Cordon Ries, 10400 SW Greenleaf Terrace, Tigard, Oregon 97224, submitted two letters that he wrote, one dated in July and one dated August 6, directed to the Tigard Planning Commission and Tigard City Council. Mr. Ries is strongly opposed to the Triad development and concerned about the number of trees that will be cut down on Little Bull Mountain. Mr. Ries' second letter addressed his belief that a mistake was made when the zoning on this particular piece of property was changed to allow for a multi-family residential complex. . Page 3 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. ` Page No. l • 0 George Willoughby, 15371 SW 114th Court, #109, Tigard, Oregon 97224, said his main concern was that there is no speed limit on the portion of road on SW Naeve Road west of Royalty Parkway. o Commissioner Schwab asked City Engineer, Randy Wooley, about Mr. Willoughby's concern regarding the portion of the road west of SW 109th. General discussion ensued. 0 Al Erickson, 15200 SW 109th Street, Tigard, Oregon 97224, was concerned about the increase in traffic in the area. 0 Marge Davenport, 15100 SW 109th Street, Tigard, Oregon 97224, stated her opposition to the development. She referred to and disagreed with several items in the staff report. Ms. Davenport handed out a report from the Oregon Department of Fish and Wildlife and a newspaper clipping. 0 Commissioner Schwab asked City Engineer, Randy Wooley, about bus turnouts and bike paths. 0 Jack Polans-, 16000 SW Queen Victoria, King City, Oregon 97224, said he was in opposition to the Triad development and has spoken to many citizens in King City who are opposed to the new 109th road. He voiced concern about road design and the increase in pollution brought about by the increase in • traffic. RECESS 10:15 PM RECONVENE 10:20 PM APPLICANT'S REBUTTAL o Steven Pfeiffer said that Triad has tried to meet everyone's needs and make this density as compatible as possible. He said almost all the issues raised tonight have been corrected, except for the new issue of the no left turn. 0 Commissioner Castile asked about bike paths and City Engineer, Randy Wooley, said if they can be accommodated within the minor collector standard then they can be provided. 0 City Engineer, Randy Wooley, referred to ORS 366 5.4., a state law which requires that reasonable accommodation is made for pedestrians and bicycles. In response to the mass transit question, Mr. Wooley said that because the City doesn't have a formal process for prioritizing transit needs, a request should be made to Tri Met as it has a detailed process for meeting mass transit requirements. Page 4 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. 1 Page No. o Commissioner Schwab asked if parking on a minor collector street was on both sides, one side or neither side. Randy Wooley said it is on a case-by-case basis depending on traffic volume. o Commissioner Castile asked Randy Wooley if he had reviewed the traffic study and if he was comfortable with it. Mr. Wooley said the traffic study was reviewed in great detail the last time the application was submitted and also during the Comprehensive Plan street alignment change. o Mr. Polans requested that his question regarding emissions be answered. o Mr. Kittelson responded that he would like to have Mr. Polans contact people who would be able to answer his questions on emissions more fully. General discussion ensued. PUBLIC HEARING CLOSED o Commissioner Holland said that the Planning Commission did not have any influence over items being addressed by the proponents at tonight's meeting such as transportation, schools, skateboarders, etc., as decisions have been made on those issues. He said there will not be very many trees cut down with this development and he sees no reason to deny the application. o Commissioner Schweitz said the traffic analysis is good. He said he believes the developer acted in good faith and has worked with the-City staff-to--come up with-an alternative to reduce the flow of traffic through Summerfield. o Commissioner Saxton said the issues of zoning and density were not under consideration tonight. He thinks people would ignore a no left turn at SW 109th Avenue and would like to see access to the bus stop at 99W. He would like SW 109th built to its full width and have 2-hour parking along the side of the street. He thinks Triad should pay approximately 800 of the cost of extending 109th to Pacific Highway. o Commissioner Schwab said that the Planning commission cannot change the Comprehensive Plan and he believes it is a good application, although he is concerned about the flow of traffic into Summerfield from Triad. He said he would like to add the condition of a no left turn for traffic going south on 109th at Naeve and thinks SW 109th should be built to its full width. He said he fully supports the staff report. Page 5 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. 12, Page No. • o Commissioner Castile said the time to get something changed was when the property was re-zoned. He is in agreement with the staff report. o Commissioner Saxton moved to approve Site Development Review SDR 93-0009 Planned Development Review PDR 93-0006, SLR 93- 0005 subject to the conditions requested by staff with the exception of 14C. Triad to pay 80% of the cost of extending SW 109th, the cost of the roadwork to be paid when the first building permit is issued or when the road contracts are let, whichever is first, and no occupancy permit be issued until the road work has been completed. There was not a second to this motion. o Commissioner Schwab asked City Engineer, Randy Wooley, about the terms of the agreement between the City and Triad regarding the development of SW 109th. Randy Wooley said the proposed agreement had a flat dollar amount of $300,000. Commissioner Schwab said as part of his motion he wants a no left turn on SW 109th and SW Naeve Street and also wants 14C eliminated from the conditions. o Commissioner Castile raised the issue of the no left turn sign and Randy Wooley said he did not think the sign would be • obeyed unless there was strenuous police enforcement which would not be feasible. General discussion ensued. • Commissioner Schwab moved and Commissioner Schweitz seconded to approve Site Development Review SDR 93-0009 Planned Development Review PDR 93-0006 Sensitive Land Review SLR 93-0005 subject to the conditions requested by staff and deleting item 14C. Motion carried unanimously by Commissioners present. 6. OTHER BUSINESS o Senior Planner, Dick Bewersdorff, reminded the Commissioners of the City Council meeting on August 17, 1993 at 6:30 PM. o Mr. Bewersdorff discussed the Gramor Project SDR 92-0022 and asked that the Planning commission determine that the requirement to build a pedestrian path and the location of the path as a condition of development is based on the Fanno Creek Master Plan. . Page 6 - Planning Commission Minutes - August 16. 1993 j LUBA NO. 93-191 Exhibit No. /Z Page No. Z7' • Commissioner Schwab moved and Commissioner Holland seconded to approve the Gramor Project SDR-0022. Motion carried unanimously by Commissioners present. 7. ADJOURNMENT - Meeting adjourned at 10:50 PM. Lorraine Campbell Planning Commission Secretary ATTEST : ~Y issioner James Castile lc/PC8-16.min Page 7 - Planning Commission Minutes - August 16, 1993 LUBA NO. 93-191 Exhibit No. /2 Page No. r f • EXHIBIT "C" Replace Finding (7.) (Additional Issues Raised by Opponents) page 23 with the following: The city finds that a bike trail is not required to be established under ORS 366.514 (1) because other factors indicate an absence of a need for such paths and trails pursuant to ORS 366.514 (2). The Tigard Comprehensive Plan establishes appropriate locations for bicycle trails. The plan does not designate Southwest 109th or new Southwest 109th as an appropriate location for a trail. This finding is consistent with OAR 660-12-020 (2) (d) requiring cities to prepare a transportation system plan including a bicycle and pedestrian plan for a network of bicycle and pedestrian routes. The City Council finds that because other routes are designated as bike trails, 109th Avenue is not required to have a bike trail. • • LUBA NO. 93-191 Exhibit No. 12, Page No. ~Pt CITY OF TIGARD PLANNING COMMISSION • FINAL ORDER NO. 93- 14 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR PLANNED DEVELOPMENT REVIEW, SITE DEVELOPMENT REVIEW, AND SENSITIVE LAND REVIEW, REQUESTED BY TRIAD TIGARD, LTD. PARTNERSHIP. The Tigard Planning Commission has reviewed the above application at a public hearing on August 16, 1993. The Commission has based its decision on the facts, findings, and conclusions noted below: A. FACTS 1. General Information CASE: Site Development Review SDR 93-0009 Planned Development Review PDR 93-0006 Sensitive Lands Review SLR 93-0005 REQUEST: Planned Development Review/Site Development Review of a plan for development of a 348 unit, 17 building multi-family residential complex on a 26.2 acre property. APPLICANT/ Triad Tigard, Ltd. Partnership OWNER: 320 Andover Park East Seattle, WA 98138 • ENGINEER: Kampe Associates, Inc. 3681 SW Carmen Drive Lake Oswego, OR 97035 ARCHITECT: Driscoll Architects 2121 First Avenue, Suite 102 Seattle, WA 98121 LOCATION: 11165-11185 SW Naeve Street. North side of Naeve Street, west of SW 109th Avenue, south of the Little Bull Mountain Apartments (WCTM 2S1 1ODB, Tax Lots 100 and 200 [also Tax Lot 300 for public road realignment purposes only); WCTM 2S1 10AD, Tax Lot 9300; WCTM 2S1 10AC, Tag Lots 600, 700, 800, 900). PLAN DESIGNATION: Medium Density Residential (23 acres) Medium-High Density Residential (4.2 acres) ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development overlay) (23 acres) R-25 (PD) (25 units/acre-Planned Development) (4.2 acres) APPLICABLE LAW: Community Development Code Chapters 18.32, 18.54, 18.56, 18.80, 18.84, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.144 and 18.150, and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1, and 8.1.3. DECISION: Approve this conceptual development plan as requested subject to conditions. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 1 LUBA NO. 93-191 Exhibit No. 12, Page No. 94 2. Background Information The subject parcels have been involved in a number of City of Tigard land use and development applications since annexation in 1981. Prior to annexation, the parcels were designated by Washington County with a zoning designation of RU-4 (Residential, 4 units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of the parcels from Low Density Residential to Medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for the properties would be required to be reviewed by the Planning Commission. In December, 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast corner of Durham Road and Pacific Highway. This approval redesignated these properties from High Density Residential to General Commercial. A result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from Tigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7) requires that Tigard provide a housing opportunity for at least 50 percent multi-family units and a net minimum housing density of 10 dwelling units per acre on vacant buildable land within the City's designated planning area. The Albertson's CPA was approved on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the city, including Tax Lot 200, were considered for increased residential densities to make up for the housing opportunity shortfall created by the Albertson's decision. The western half of Tax Lot 200 and the parcel to the west were proposed for Plan/Zone redesignation from Medium Density Residential/R-12 (PD) to . Medium-High Density Residential/R-25 (PD) (Comprehensive Plan Amendment CPA 87- 07(G)/Zone Change ZC 87=02 (G)). No change in designation was proposed for the eastern half of Tax Lot 200 or the other parcels that are the subject of the current application. Redesignation of the western half of Tax Lot 200 and the adjacent parcel was approved by the City Council on April 13, 1987. In April, 1989, the prior owners of Tax Lot 200 requested a Plan Map Amendment from Medium Density Residential to Medium-High Density Residential, and a Zone Change from R-12(PD) (Residential, 12 units/acre, Planned Development) to R-25(PD) (Residential, 25 units/acre, Planned Development) for the eastern 4.27 acres of that parcel (Comprehensive Plan Amendment CPA 89-02/Zone Change ZC 89-02). After review by the staff and Planning Commission, the City Council denied the proposed Planned Amendment/Zone Change on April 24, 1989. Tax Lot 100, which is located at the northwest corner of the intersection of SW Naeve Street and SW 109th Avenue, was the subject of a Subdivision/Planned Development review by the Planning Commission on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01). That application requested Planned Development conceptual plan approval and subdivision preliminary plat approval to divide the approximately 10.3 acre parcel into 60 lots intended for single-family residential development. The proposed subdivision would have included a north-south street running through the approximate center of the parcel with connections to SW 109th Avenue as well as to the property to the west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the northern end of the subdivision. SW 109th was to be improved to local street standards and have a number of single-family lots FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 2 LUBA NO. 93-191 Exhibit No. Page No. 9/- fronting on it. The proposed subdivision was approved by the Planning Commission but the approval has since expired. Also on June 6, 1989, the Planning Commission reviewed a proposal for Planned Development/Site Development Review approval of a request to construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of the previously described proposed subdivision (Planned Development PD 89-02, Site Development Review SDR 89-06, Variance V 89-20). These tax lots are also part of the current application. The Commission approved the proposed development plan which included a cul-de-sac bulb at the end of the northern segment of SW 109th Avenue, approximately 250 north of the cul- de-sac bulb approved for the single-family subdivision. The proposed dual cul-de-sacing of SW 109th Avenue was intended to provide a separation between the predominately multi- family residential character on the top half of Little Bull Mountain from the primarily single-family residential character of the neighborhood along the south slope of Little Bull Mountain and the properties to the south. The .Planning Commission's final orders for both the subdivision and apartment proposals, however, noted that if either of the proposed developments did not occur as proposed, it would be necessary to re-evaluate the road patterns in this area. In September, 1989, the Planning Commission was presented with a request to reconsider the application for the proposed 72 unit apartment complex because a significant number of neighboring property owners that were entitled to notice of the public hearing on the matter did not receive notice and did not have the opportunity to testify before the Commission. The City Attorney's office reviewed this request and advised staff that the request be placed on the Commission's November 7, 1990 meeting agenda. The applicant, however, requested that the hearing for reconsideration be indefinitely postponed until the applicant determined whether to pursue the application further. No further action on that application has been taken. The current applicant, Triad Tigard Limited Partnership, first made Site Development._ Review/Planned Development Review application for development of a 364 unit apartment complex for the entire site in early 1990 (SDR 90-0004/PDR 90-0002). The proposal was fairly similar to the current proposal except that there was no public roadway proposed to cut through the site as is currently proposed. The development site was to be bounded by SW Naeve Street and SW 109th Avenue. The Commission approved this prior application subject to conditions on May 11, 1990. The Commission's final order included conditions requiring that the two segments of SW 109th Avenue abutting the site be permanently separated and also closing SW 109th south of Naeve Street (Commission Final Order 90-11). The Planning Commission's decision was reviewed by the City Council on June 25, 1990. The City Council remanded the application back to the Commission for further review regarding the proposed development's potential traffic impacts on nearby streets. Included in the Council's discussions was a possible extension of SW Beef Bend Road from the west through the site to connect with SW 109th. On September 4, 1990, the Commission on remand approved an amended application including a variance to the maximum local street grade standard for SW 109th Avenue (Commission Final Order 90-22). The approval also required development of an emergency vehicle access connection between SW Naeve Street and SW 109th Avenue in Summerfield, but no public street connection. This decision was appealed to the Council by NPO 6. On appeal, the Council reversed the Planning Commission's approval thereby denying the application (Resolution No. 90-71). The Council's findings in support of this FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93_0005 TRIAD PAGE 3 LUBA NO. 93-191 Exhibit No. Page No. 72. decision indicate that the Council did not find that the public street connection between • SW Naeve Street and SW 109th Avenue in Summerfield was acceptable because it would not provide for an efficient neighborhood circulation system and needed connections between residential neighborhoods with Pacific Highway. The Council also was opposed to the development plan's proposal to direct a significant amount of traffic onto an over- steep local street (SW 109th). In addition, the Council was not convinced that a public road or private driveway connection to SW Pacific Highway at the Beef Bend Road intersection was not possible to serve the proposed development. In partial response to the previously described application, NPO 6 requested a Comprehensive Plan Amendment to the Transportation Plan Map to remove the collector street designation from SW Naeve Street and designate a study area in this area seeking a collector street connection between the Pacific Highway/Royalty Parkway signalized intersection and the SW 109th Avenue/Murdock Street intersection, with a possible future connection of this collector street to SW Sattler Street. The City Council approved this map change on August 13, 1991 (Ordinance 91-22). The Council's decision was final on September 13, 1991. The Council's decision was appealed to.the Oregon Land Use Board of Appeals (LUBA) by a neighbor of the proposed development site, Marge Davenport. On October 14, 1991, the Planning Commission approved with conditions the current Planned Development Review/Site Development Review application submitted by the applicant (Planning Commission Final Order No. 91-11 PC). This application incorporates the realignment of 109th Avenue approved by the City Council in the current site plan for a 348 unit apartment complex. NPO #6 and Marge E. Davenport separately appealed the Planning Commission's decision to the Council. NPO #6's sole concern was that the completion of site' development not occur before construction of 109th Avenue through to Pacific Highway was completed. Ms. Davenport's appeal raised a number of issues, including environmental-effects, soil stability, and traffic effects. The Council held a public hearing on the appeal on December 10, 1991. The hearing was continued to February 25, 1992; March 10, 1992; and April 14, 1992. At the March 14th hearing, the applicant submitted a modified preliminary site plan that contained additional open space on the northern boundary of the property in order to further minimize any adverse effects the development might have on vegetation and wildlife. At this public hearing the Council approved this application. Marge E. Davenport subsequently appealed the Council's approval of this application to the State of Oregon Land Use Board of Appeals (LUBA). This appeal specified a number of concerns. One of those concerns was that the City erred by applying the amended, but as yet unacknowledged, Tigard Transportation Plan Map amendment regarding the extension of SW 109th Avenue. On October 22, 1992, LUBA remanded the application back to the City on a procedural issue only, which was that the application for development should not have been processed prior to the Comprehensive Plan Map amendment being acknowledged. This amendment is now acknowledged and upheld by LUBA, and the effects of such are taken into account by this current review and recommendation. No other land use or development applications have been reviewed by the City for Tax Lots 600, 700, and 800. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 4 LUBA NO. 93-191 Exhibit No. Page No. _ 3. Vicinity Information The development pattern in the area of the subject site consists of existing duplexes and the 130-unit Timberline apartment development to the north; the Canterbury Woods condominium development to the northeast; single family residences and a nursery on large parcels to the east; an undeveloped parcel covered with tall fir trees to the west (tax lot 300) [NOTE: the Planning Commission has recently approved development of a church on this site]; Pacific Highway and King City further west; and the Summerfield planned community to the south. The Fountains at Summerfield condominium complex is immediately south of the site. As previously noted, the City's Transportation Plan Map now calls for a minor collector extension of S.W. 109th to be constructed through the subject property. The subject property has approximately 890 feet of frontage on SW Naeve Street which is now functionally classified as a local street. SW Naeve Street is generally substandard in width and state of improvements, with the exception of the frontage of the Fountains at Summerfield development to the south. Half-street improvements, including approximately 30 feet of pavement, curbs, a sidewalk, and streetlights have been installed along the Fountain's frontage. The subject parcels have approximately 1,500 feet of total frontage along the alignment of SW 109th Avenue. SW 109th Avenue, north of the intersection with SW Naeve Street, is a steep gravel road extending approximately 1200 feet to a dead end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet of frontage along this northern section of SW 109th Avenue. Tax lots 600, 700 and 800 have approximately 360 feet of frontage-on -SW-Pacific Highway.- Pacific Highway is a 4-lane divided arterial. The southwestern corner of the subject-site along SW Naeve is located approximately 500 feet east of the Naeve/Pacific Highway intersection. A left- turn lane is provided on Pacific Highway for southbound traffic onto SW Naeve Street. The intersection of SW Naeve Street and Pacific Highway is not signalized. 4. Site Information The subject 26.2 acre property previously contained houses on Tax Lots 200, 700, 800, and 9300. All have been removed except for the house on tax lot 9300 (despite the application's topographic survey and tree survey still showing these houses to be in existence). The remainder of the property is vacant, covered with a combination of tall fir trees, lower height deciduous trees, and brush. The property slopes predominantly to the south and southwest at varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800 in the northwestern corner of the site has a slope of greater than 25 percent, as illustrated on the site plan-sheet A100. (6/14/93) 5. Proposal Description The applicants propose to develop a 348 unit apartment complex on this site. The development would include 104 one-bedroom, 148 two-bedroom, and 96 three bedroom units. The development site would be split by a curved collector street connection between SW Naeve Street and SW 109th Avenue intended to conform with the recently adopted Transportation Map amendment for this area. The alignment of SW Naeve i FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 5 LUBA NO. 93-191 Exhibit No. Page No. Street to the west is proposed to be shifted somewhat northward in order to provide for a 90 degree intersection with this proposed new street. The applicants' revised site plan dated June 14, 1993 modifies the site plan previously reviewed by the Planning Commission in 1991 by moving the northernmost row of apartments and parking spaces to the south. This revision allows additional coniferous trees and vegetation to be preserved through enlarging the buffer area on the northern boundary of the site. The site plan proposal includes a recreation building located near the center of the site. An outdoor pool and spa, a lounge and sauna within the recreation building, and playground areas and a walking path are proposed to provide recreational facilities for the proposed development. The size of the proposed recreation building has been reduced from what was previously proposed. The steep, wooded area included within tax lots 600, 700 and 800 would not include any new improvements. Parking would be provided by 609 total parking spaces consisting of 374 covered parking spaces (combination of carports, separate garages and under apartment building garages), 14 designated handicapped parking space's (all under cover), and 235 other uncovered spaces. This represents a reduction of 52 total parking spaces from what had previously been proposed, with most of the reduction being made along the central driveway in the northern segment of the proposed complex. The southern section of the proposed development which contains 60 units would be served by one 24-foot wide access driveway from the proposed 109th-Royalty Parkway connecting street. No driveways to this section of the development would be provided from either SW Naeve Street or SW 109th Avenue, although this area of the development would have a significant amount of frontage on each. of these streets. The plans propose dedication of right-of-way to 25 feet from centerline for both streets as well as the construction of local street improvements. The northern portion of the proposed development is proposed to be served by a 24 foot wide main access driveway from the proposed connector street extending northward through the site to a connection with SW 109th Avenue in the northeastern section of the site. The northern section would also be served by two 24-foot wide access driveways onto SW 109th Avenue that would extend westward to connect with the main internal roadway. A network of five foot wide sidewalks would be provided along the primary roadway and between parking areas and residential buildings. A north-south soft surfaced pathway would also be provided through landscaped and tree covered area on the eastern portion of the site. The preliminary landscaping plan (sheet 1-100) shows existing trees that are proposed to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 800 is to be left with existing vegetation. The landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the portion of the site to be developed in order to create a park-like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. Sheet 1:,101 provides planting details for the southeastern corner of the northern section of the proposed complex. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 6 LUBA NO. 93-191 Exhibit No. _ /-a• Page No. 6. Agency and NPO Comments The Engineering DeUartment has reviewed this proposal and has offered the following comments: STREETS: The site has frontage onto S.W. 109th Avenue, S.W. Naeve Street, and S.W. Pacific Highway. S.W. 109th Avenue is a gravel surfaced street with the northern portion unimproved. Currently S.W. 109th Avenue runs in a north/south fashion on the east edge of the development. Based on the preliminary plans, S.W. 109th will be reconfigured. For this report, the following clarification/definitions for S.W. 109th Avenue will be used: A- "Old S.W. 109th" will be that portion of S.W. 109th between the existing intersection of 109th/Naeve north for a distance of approximately 400 feet; B. "New S.W. 109th" will be the alignment specified on the Comprehensive Plan Transportation Map, as follows: (1) From Highway 99W to the new 109th/Naeve intersection (which is approximately 890 feet west of the existing intersection); (2) From the new 109th/Naeve intersection through the proposed development to a point that is approximately 700 feet north of the existing intersection of 109th/Naeve; (3) From the point that is 700 feet north of the existing intersection of 109th/Naeve to the existing paved street near the northeast corner of the development. NOTE. The above descriptions are based on the applicants preliminary site plan dated May 20, 1993. The existing S.W. 109th will terminate approximately 400 feet north of the existing S.W. Naeve/109th intersection in a hammerhead. It is proposed that the existing S.W.109th remain a gravel road. The proposed new development will have no driveway access to existing S.W. 109th. Existing S.W. 109th will serve only the driveways to two existing homes. Since the amendment of the Comprehensive Plan Transportation Map, the Existing S.W. 109th is not envisioned as part of the long-range plan for the neighborhood. When the property to the east is redeveloped in the future, it is expected that the existing S.W. 109th will be eliminated or substantially reconfigured. Therefore, the proposal to leave existing S.W. 109th as a gravel street is acceptable. The Comprehensive Plan Transportation Map provides that the New 109th Ave., which will be built to minor collector standards, will eventually intersect Pacific Highway across from Royalty Parkway then proceed in a northeastern direction and connect with the existing S.W. 109th Avenue. The applicant proposes to fully develop the road from the new intersection of 109th/Naeve, located in the southeast corner of the project, to where the road meets the existing paved street near the northeast corner of the development. The preliminary • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 7 LUBA NO. 93-191 ..Exhibit No. Page No. V4 profile indicates the grade to be 12 percent, the maximum allowed by City standards. Although not proposed by the developers, we feel that it may be appropriate to construct New 109th to a reduced street width north of the main entrance to the new development. On-street parking should not be needed in this area. Based on traffic projections, there should not be a need for turn lanes. Therefore, the full minor collector street width may not be necessary. Reducing the street width would help to fit the street into existing steep grades and to match the existing 109th Avenue to the north. A reduced street width would reduce City maintenance and encourages lower traffic speeds. For these reasons, it is recommended that the Planning Commission authorize the City Engineer to approve reduced width. Details would be worked out with the developer's engineer during final design of the street improvements. S.W. Naeve Street is a partially paved, mostly gravel surfaced local street. The applicant proposes to provide full street improvements in the vicinity of the new intersection of 109th and Naeve; from the intersection eastward, the applicant. is -proposing to provide two-thirds street improvements. In addition, the applicant is proposing a minor change to the old 109th/Naeve intersection by bringing it more into a 90-degree intersection. This minor realignment is intended to help discourage traffic into Summerfield and better provides for extension of Naeve in the future when the property to the east redevelops. Therefore the applicant should be required to construct the following: A. full street improvements in the vicinity of the new Naeve/109th street intersection; B. two-third street improvements from the end of the full street improvements to the old Naeve/109th street intersection; C. realignment of Naeve to intersect Old 109th at a 90-degree angle. Pacific Highway is under the jurisdiction of the State of Oregon. Existing improvements consist of the paved roadway with a gravel shoulder and a ditch. The state has requested that curb, sidewalk and drainage improvements be provided along the site's frontage. Prior to the authorization for construction of the public improvements, the developer and the City should enter into an agreement for the construction of S.W. 109th between Highway 99 and the Naeve/109th intersection. Final wording of the agreement should be reviewed and approved by the City Attorney. SANITARY SEWER: Sanitary sewer is proposed to be extended through the site from the system at the corner of Naeve Street and 109th Avenue. This system appears to have adequate capacity to serve the site. The applicant or the applicant's engineer should be required to verify that the existing sanitary sewer system is able to handle this development and any future development that would connect to this system. STORM SEWER: Most of the site slopes toward Naeve Street which then drains to 109th Avenue and Pacific Highway. The proposed storm drainage system is a collection of on-site conveyance structures which dissipate energy and spread out the flow path, where the final runoff will be conveyed to FINAL ORDER - SDR 93-0009/PDR 93-OOWSLR 93-0005 TRIAD PAGE 8 LUBA NO. 93-191 Exhibit No. Page No. _ 97 an existing 30" storm drain at the intersection of S.W. Naeve and S.W. 109th Avenue. After review of the plans submitted by the applicant's engineer it became apparent there were potential problems. In the areas where the storm drainage system crosses a public road, the system was going from a private to public and back to private system without a break, and could cause potential maintenance problems. After discussions with the applicant's engineer, it was determined that the best solution was to keep each system separate with the final design being approved by the City's Engineering Department. Therefore the applicant should be required to do the following: A. Evaluate the existing pipe in 109th Avenue to determine if it has adequate capacity to handle ultimate development of the entire drainage basin; B. Design the on-site water quality facility to meet current Unified Sewerage Agency design standards; further, verify that it will be the responsibility of the owners•of the site to maintain such facilities; and •C. Design the system so that there is a clear delineation between the private and public storm drainage systems. Tigard Building Division has reviewed this application and states the applicant should address the location of all utilities which are to serve the site. Additionally, a drainage plan should be submitted to show how all roof, underfloor and paved area drainage will be conducted to an approved storm sewer system. Tualatin Valley Fire District states that the plans which were submitted (dated May 20, 1993), were not complete enough to provide a full review for hydrant location. If the plans have not • changed from the previous submittal, and alterations have been made as requested by the last approval, then the.submittal is acceptable. The following comments were made-by the-Fire - District on the previous submittal: a. Hydrant locations will need to be coordinated between the. Fire District. and the Tigard - Water District. Hydrants will need to be placed within 250 feet of all exterior portions of all buildings; however, this distance may be increased if buildings are equipped with automatic fire sprinkler. Hydrants should be placed at all intersections. b. The Fire District would prefer to see an emergency vehicle access between the parking area for the southern portion of the development and the southernmost section of SW 109th Avenue. Staff discussed this comment with Gene Birchill of the Fire District on September 22, 1991. Mr. Birchill commented that an emergency vehicle access is a "preference" and not necessarily a need. If an emergency access is developed, it could be a grass-crete pad through the development's landscaped area. C. Fire fighting access roads should be extended to within 150 feet of all exterior portions of all buildings; however, this distance may be increased if automatic fire sprinklers are utilized. d. The applicant and the City Building Division have been provided with further details regarding necessary fire protection for the proposed development. Tigard School District 23J has reviewed the proposal and has noted that the proposed development is projected to generate 25 new students for Templeton Elementary School, 10 new students at Twality Middle School, and 7 new students at Tigard High School. The School • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGF. 9 LUBA NO. 93-191 Exhibit No. Page No. __Y_AP_ District notes that school capacities at Templeton Elementary School and the High School are already exceeded, although Twality Middle School is presently below capacity, and that this will not be changed by this application. The District notes that the core facility of both the High School and Templeton Elementary School are insufficient to be able to consider portable additions. Additional school capacity may be provided by other options under consideration by the School District, including- grade level reconfiguration, rescheduled school year, boundary adjustments, double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. City of King City has submitted comments which state that King City's interest is that storm drainage be confined to a routing on the east side of Highway 99 rather than crossing 99W with a discharge into King City's system on the west side of 99W. In regards to the traffic issue, King City states that they are aware of the plans to improve SW 109th Avenue to 99W, and also to improve the intersection of Royalty Parkway in King City; 99W and 109th. The City is on record of supporting the improvements to 109th and the intersection of 99W and Royalty- Parkway. King City assumes that traffic issues will be addressed within the context of Washington County's Traffic Management Plan. . Metro Area Communications Commission (MACC) specifies two major concerns. MACC recommends that the developers insure that the residents of the Arbor Heights Apartments have franchised cable service available to them. Secondly, the developers should notify Columbia Cable in advance as to when trenches will be opened for electricity and telephone service, so that Columbia can install cable most efficiently; The developer should contact Josh Silverman of MACC for further. information (Phone #629-8534). Tigard Police Department has stated that they have major concerns with the proposed addressing of this development. The Police Department requests that the applicant receive approval from the City of Tigard Police Department prior to assigning or installing addressing on buildings or directional address boards internal to the development. Neighborhood Planning Organization 6 (NPO 6) has reviewed this application and states that they object to this development on the grounds that it: A. Destroys the Little Bull Mountain natural forest which is protected by Goal 5 in the Tigard Comprehensive Plan; B. Unnecessarily increases the Tigard area traffic which is already overburdened; C. Places an additional burden on the school district; and D. Will inundate the adjacent retirement communities of Summerfield and King City with traffic, creating hazards for elderly pedestrians and golf carts. The NPO passed the following motion with 3 ayes, 1 nay and 1 abstention at its meeting on June 16,1993: "NPO 6 feels that, in light of the tremendous urban development in our NPO and the areas adjacent to the Tualatin River, the zoning change made in the 1980's is no longer appropriate. We believe the original low density zoning is imperative and we recommend the zoning be restored to this site." FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 10 LUBA NO. 93-191 Exhibit No. Page No. Oregon State Highway Division has reviewed the proposal and has commented that type C curb and sidewalk as well as storm drainage improvements will be required along the site's Pacific Highway frontage. The existing driveways to tax lots 700 and 800 should be removed. An access reserve strip should be recorded along this frontage. Street opening and access permits must be obtained from ODOT. Tigard Water District has reviewed the proposal and has not provided any new comments. With the prior application, the Water District reported no objections to the proposed development but noted that the site requires service from two water pressure zones. Zone 1 is supplied by the pressurized system on the top of Little Bull Mountain. Zone 2 is a gravity system from the existing water line at the corner of SW Naeve Street and SW 109th. In addition, the Water District has noted that because of the size of the buildings; each building is to have its own 2- inch water meter. The irrigation system will need to be metered separately with Turbo meters. Water meter locations are to be provided with a minimum planter area of 3 feet by 5 feet. This also holds true for fire hydrants. Water meters and fire hydrants are not allowed to be located in asphalt or concrete, or behind carports, garages, or retaining walls. All water lines must be ductile iron class 52. Other affected reviewing agencies have been contacted for input regarding this applanation and have either had. no concerns or have not returned any comments to the City. The City received a letter from William Lindsay dated July 30, 1993, object ing to the density allowed by the zoning, and the effect on the traffic congestion on Pacific Highway. (Copy of letter attached). The City received a letter in opposition of this development from Mr. Douglas J. Coleman on July 30, 1993. Mr. Coleman's letter states that the Tigard School District cannot accommodate the _ influx of students projected to result from this development. Additionally, the road system cannot accommodate the increased traffic flow. He notes the loss of the natural habitat and - requests that this plan be denied. (Copy of letter attached). - The City received a letter dated August 7, 1993, from Lenore Schuster objecting to the development on the basis of the size (number of units) and transportation and parking issues. (Copy of letter attached). The City received a letter from Diane Barton, dated August 9, 1993, objecting on the basis of school capacity. (Copy of letter attached). B. DECISION: The application is consistent with all relevant criteria as noted below: The relevant criteria in this case are Tigard Community Development Code (TCDC) chapters 18.54, 18.56, 18.80, 18.84, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.144, and 18.150. Applicable Tigard Comprehensive Plan Policies are 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1 and 8.1.3. 1. Comprehensive Plan Policies. (a) Policy 2.1.1. Policy 2.1.1 is satisfied because NPO No. 6 was notified of the hearing and commented on the proposal. A public notice was published including the date, time and place of the hearing. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 11 LUBA NO: 93-191 Exhibit No. Page No. ,104 (b) Policy 3.1.1. This policy is implemented through Tigard Community Development Co. ('TCDC") chapter 18.84 and is met because the northwestern portion of this site containing slopes over 25 percent is proposed to remain in its natural state. The applicant's geotechnical engineering study prepared by Terra Associates, Inc. shows that the remainder of the site has few, if any, significant development constraints. The proposed apartment buildings and accessory structures and parking lots can be constructed without difficulty through the use of the established and proven engineering techniques described in Terra Associates' study. The Planning Commission concludes that the Terra Associates' study is substantial evidence to show that development will not occur in areas having slopes in excess of 25 percent except with established and proven engineering techniques and that the remainder of the site is not subject to the listed development limitations. (c) Policy.3.4.2. This policy requires the City. to-protect fish and wildlife habitat along stream corridors and areas of standing trees and natural vegetation along natural drainage courses and waterways where possible, to review development proposals in designated timbered or tree areas through the planned development process to minimize the number of trees removed and to require cluster-type development in areas with important wildlife habitat values defined in the City's "Fish and Wildlife Habitat Map." Policy 3.4.2 -and its implementing measures apply directly only to the mature coniferous forest on the northern portion of the site identified as "Area A" in figure 3 of the March 1992 Fishmen Environmental Services report, which was physically before the Planning Commission. Area A is the portion of the site within the Little Bull Mountain Natural Forest, the only significant natural resource that the Comprehensive Goal 5 analysis designates on the site. No significant-wildlife--habitat- areas are-designated on the site by the plan. In fact, the Little Bull-Mountain-Natural- Forest is inventoried because of its scenic value. Tigard Comprehensive Plan, Volume I, 96. Pursuant to the requirements of Statewide Planning Goal 5, the City inventoried Goal 5 resources and designated in its Comprehensive Plan those resources that it determined to be significant. Comprehensive Plan, Volume I, pages 94-109. For the designated Goal 5 resources, the plan identifies potential conflicts; performs an economic, social, environmental and energy consequences analysis of the conflicts; and adopts a program to resolve the conflicts. See id. The City's Comprehensive Plan, including its Goal 5 provisions, were acknowledged by the Land Conservation Development Commission on October 11, 1984. The summit of Little Bull Mountain is mentioned as a "special area" in an area of scenic value in the City's natural features and open space Comprehensive Plan report. See Comprehensive Plan, Volume I, page 42. The summit of Little Bull Mountain outside of the Little Bull Mountain Natural Forest was not inventoried as a significant Goal 5 resource. The Comprehensive Plan resolved conflicts between Little Bull Mountain Natural Forest's scenic values and other land uses in accordance with Statewide Planning Goal 5. All of the areas included in the Little Bull Mountain Natural Forest are designated by the Comprehensive Plan for future residential development. Although the plan's background document noted that the area was zoned for low- density residential development, the City, as noted above, approved plan FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 12 LUBA NO. 93-191 Exhibit No. Page No. /0 amendments increasing the residential density of the area. These amendments • are an acknowledged part of the plan. The plan's Goal 5 analysis notes that future development may create conflicts with the designated Goal 5 resources of the Little Bull Mountain Natural Forest and resolves the conflict as follows: 'The significant wooded areas are identified and mapped. The policy of the city's conference of plan is that these areas will be preserved in a natural state as much as possible or integrated into the design of any development, i.e., parking lot island, building set-backs, street rights-of- way and landscaping areas whenever possible. If it is necessary to remove a portion or all of the trees, the replacement landscape feature shall be subject to approval by the applicable approval authority." Comprehensive Plan, Volume I, p. 95. The plan expressly requires that "development proposals in designated timbered or tree areas be reviewed through the plan development process to minimize the number of trees removed." Plan Policy 3.4.2.b. The plan thus expressly anticipates that future residential development may remove some or all of the trees, providing the development complies with the implementing provisions of the TCDC. The City's acknowledged Comprehensive Plan thus expressly anticipates residential development in the area despite conflicts with the designated goal 5 resource in the Little Bull Mountain Natural Forest. The proposed development complies with the TCDC provisions that implement Policy 3.4.2. The proposed development minimizes to the greatest extent possible the number of trees to be removed, particularly the mature coniferous trees that lie within the Little Bull Mountain Natural Forest in the northern portions of the • site. The northwestern portion of the site is left entirely undisturbed, and a large buffer of coniferous trees is left along the northern boundary of the site, as recommended by the Fishman Report. In addition, the site plan incorporates several grows of existing mature trees within the landscaping areas of the developed portion of the site and provides substantial replacement landscaping in areas that will be disturbed. Furthermore, the applicant is required to obtain a tree removal permit in accordance with the provisions of TCDC Chapter 18.150 before removing any trees. Permits may be granted only when the City finds that the removal of the tree is necessary to accommodate structures, driveways, utilities or other proposed site improvements. The site plan illustrates trees within the development that will be removed and demonstrates compliance with Policy 3.4.2 and its implementing provisions. A detailed tree survey and an arborist's report outlining methods of protection of the trees to be retained is to be submitted prior to the issuance of a site grading or clearing permit or tree removal. Marge E. Davenport submitted an unsigned and undated one-paragraph statement on Oregon Department of Wildlife & Fish letterhead, purporting to take a contrary position to the Fishman study. The Planning Commission declines to give to this letter any credibility whatsoever because it is unsigned and undated and because it is unclear precisely which project it refers to. (d) Policy 4.2.1. This policy requires that all development shall comply with applicable federal, state and regional water quality standards. A condition of • approval requires the applicant to prepare an erosion control plan as part of the FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 13 LUBA NO. 93-191 Exhibit No. Page No. 10.2. I improvement drawings, and to obtain a permit meeting the requirements of the NPDES and Tualatin Basin Erosion Control Program. The Planning Commission finds that this policy can be satisfied through these conditions of approval. (e) Policy 6.1.1. This policy requires the City to provide an opportunity for diversity of housing densities and residential types at various price and rent levels. This policy is satisfied because this proposed multi-family project adds to the housing diversity in a community that is predominantly developed with single-family residences at lower densities. This site has been designated for multi family development by the Comprehensive Plan for some time. Beverly Swink testified that the area surrounding Summerfield and this site is saturated with apartments. The Planning Commission finds that Policy 6.1.1 requires a diversity of housing opportunities throughout the city without consideration of a particular area. The presence of a number of apartment units at this location simply implements the City's density requirements. Moreover, the Planning Commission rejects the argument that more apartments than single- family homes in a given area is contrary to city policy. (f) Policy 6.6.1. This policy requires the City to provide appropriate buffers between different types of land uses (for example, between single-family and multi-family residential) and to provide on-site screening of various uses within a housing development. This policy is implemented through TCDC Chapter 18.100 "Landscaping and Screening," and TCDC § 18.80.1220(A)(3)(b). Compliance with these TCDC provisions are discussed later in these findings. (g) Policy 7.2.1. In order to satisfy this policy, the applicant will, as condition of approval, provide an appropriately engineered plan for disposing of stormwater run-off from the site in a manner that will not adversely affect any downstream property owners or jurisdictions. Based upon the view of technical evidence and in the record, the Planning Commission finds that it is feasible for the applicant to satisfy this condition. (h) Policy 7.4.4. This policy is met because the entire apartment complex will be connected to the public sanitary sewer system. W Policies 7.5.2 and 7.6.1. These policies are met because the Tigard Police Department and the Tualatin Valley Fire District have reviewed this application and have offered comments that have been incorporated into the staff report. Q) Policy 8.1.1. This policy requires the provision of a safe and efficient street system that meets current and anticipated future growth and development needs. This policy is satisfied for the following reasons: i. The main driveway entrance to the development is proposed to be on the realigned 109th Avenue, a minor collector street intended to accommodate the approximately 2,000 vehicles per day that this development is expected to generate. Secondary access is also provided onto SW 109th Avenue which, in turn, provides direct traffic from the development south onto the new street or north to SW Canterbury Lane, also a minor collector. The applicant's traffic report indicated that some traffic will travel south of SW Naeve Street on SW Ninth if the street is left open. The proposed segmenting of both SW Naeve Street and SW 109th Avenue FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 14 LUBA NO. 93-191 Exhibit No. Z . Page No. /03 i will significantly discourage southbound traffic on SW 109th Avenue through the Summerfield neighborhood. Opponents testified that they believed this project would result in increased traffic through Summerfield, with increased danger to pedestrians and golfers. The applicant's evidence, especially the traffic study, shows that the vast majority of the traffic will either go north to SW Canterbury Lane or southwest to Highway 99W. The Planning Commission finds there is little likelihood that a substantial increase of traffic through the Summerfield neighborhood will result from this proposal. Moreover, testimony by Beverly Swink indicated that some "pass-through" traffic already occurs in the Summerfield neighborhood. The Planning Commission finds this to be evidence that if there is a problem associated with pass-through traffic, it exists regardless of the Triad development and, moreover, the realignment of SW 109th and Naeve Avenue will significantly reduce the chances of increased pass-through traffic from the Triad development. The Planning Commission considered but rejected a condition of approval requiring a "No Left Turn" sign to be installed at the intersection of SW Naeve and 109th. The Planning Commission finds that a "No Left Turn" sign would likely be ignored and if it is required_in the future, can be installed. ii. The applicant will be responsible for the construction of street improvements along the frontage of its development. iii. Based upon traffic studies.jn the record, the Planning Commission concludes that the traffic generated by this development will be within the capacity of the adjacent local street system. This conclusion holds true • even if SW 109th Avenue is not constructed between Naeve Street and Highway 99W. However, the applicant has agreed to construct a portion of Naeve Street, and a condition of approval requires such construction. In addition, the church will be required to construct two-thirds of Naeve upon its completion. iv. The applicant has agreed to enter into an agreement with the City whereby the applicant will contribute $300,000 to the construction of this portion of SW 109th Avenue south of Naeve in exchange for a $300,000 traffic impact fee credit. (k) Policy 8.1.3. This policy is satisfied for the following reasons: i. The development abuts three public streets which will provide it with appropriate and adequate access approved by the appropriate approval authority. ii. Sufficient street right-of-way shall be dedicated as a conditional of approval along the existing SW Naeve Street, as well as full right-of-way dedication for the new collector street through the project. iii. The developer will construct streets, curves and sidewalks to City standards within the development. iv. The developer will participate in necessary street improvements to the extent of its impacts. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 15 LUBA NO. 93-191 Exhibit No. 12, Page No. 1of1 V. Transit stops, bus turn-out lanes and shelters are not required to be provided because the project is on a street (SW 109th) not served by public transit. The portion of the project adjacent to Highway 99W is not suitable for a bus shelter because of the steep slope between the project and the highway. vi. Parking spaces will be set aside and marked for cars operated by disabled individuals, and those spaces will be located as close as possible to the entrance designated for disabled persons. vii. This site is not affected by the City's adopted Bicycle/Pedestrian Plan. B. TCDC Provisions. (1) Chapter 18.54 (R-12 Zone). This chapter is satisfied because the proposal conforms with use, density and applicable dimensional requirements of the R-12 zone. (2) TCDC Chapter 18.56 (R-25 Zone). This chapter is satisfied because the proposal conforms with use, density and applicable dimensional requirements of the R-25 zone applied to the western portion of Tax Lot 200. (3) TCDC Chapter 18.80 (Plan Development). This is satisfied because the proposal has-been reviewed as required by the provisions of the Planned Development Overlay Zone. The Planned Development Overlay Zone approval standards are found at TCDC § 18.80.120. These approval standards incorporate various TCDC chapters described here. In addition, TCDC § 18.80.120(a)(3) sets forth the additional following criteria: a. Relation to the natural and physical environment. (i) As demonstrated by the site plan submitted by the applicant, the proposed development preserves existing trees, topography and natural drainage to the greatest degree possible. The most important trees on the site are the large, mature coniferous trees on the northwestern and northern portions of the site. The proposed development leaves the northwestern corner entirely in its natural state and preserves the large trees along the northern border of the site. Development on the remainder of the site avoids large stands of mature trees wherever possible and incorporates them into the landscape plan. In addition, a tree removal permit pursuant to TCDC Chapter 18.150 will be required before trees with a diameter of six inches or greater can be removed, and an arborises report describing protection measures for existing trees during construction will be required as condition of approval. With respect to topography and drainage, the proposed development follows the natural contour of the site and avoids the steep slopes in the northwestern corner of the site, thereby preserving the existing topography and drainage to the greatest degree possible. (ii) The northwestern corner of the site contains a small area in which slopes exceed 25 percent. This area will be left entirely in its FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PACE tF LUBA NO. 93-191 Exhibit No. page No. /o.~ natural state. As shown by the geotechnical engineering study which is a part of the record, and which included extensive on-site soils testing and analysis, the remainder of the site contains stable soils and slopes that have few development constraints. The proposed apartment buildings and other structures can be built without difficulty through the use of established and proven engineering techniques. (iii) As discussed above, the proposed development satisfies or exceeds all set-back and building separation requirements of the TCDC. The placement and separation of buildings will provide ample light, air circulation and fire protection. There are no circumstances with respect to this site that would warrant additional separation requirements. Marge.Davenport raised the issue of whether an additional buffer to the adjacent residential area is required. The Planning Commission finds that the proposed separation complies with the TCDC provisions and an additional buffer is not necessary. (iv) The proposed development places buildings along the contour of a generally south-facing slope, thereby maximizing the amount of sunlight available to each of the proposed buildings. In addition, because of the site's topography, the proposed development will not deprive adjacent properties of sunlight. Wind direction is not a factor in the placement of structures because high winds are relatively rare and of unpredictable direction. Proposed building heights, bulk, separation and set-backs are such that air will be able to circulate freely without creating a "wind tunnel" effect. b. Triad's plans identify existing trees on the site and preserve them when possible. The largest and most scenic trees are in the northern portion of the site. As noted above, the northwestern corner of the site will be left in its natural state, as will other large areas of trees. Also as noted above, a tree removal permit pursuant to TCDC Chapter 18.150 will be required. (i)-(2)(a)-(e) The proposed buffer, including screening and landscaping, is more than adequate to meet the specific requirements of TCDC Chapter 18.100 and the more general requirements of TCDC § 18.80.120A3.b. The site is nearly surrounded by multi-family development or undeveloped property zoned for multi-family use. There is a small area of single-family development across 109th Avenue from the site. Given the residential nature of the site and nearby properties, the purpose to be served by the buffer is primarily to enhance the attractiveness of the development and to enhance privacy by screening sights and sounds from neighboring properties and, to some extent, for moderate traffic on adjacent streets. The buffer accomplishes these purposes. To the west, there is at least a 250-foot buffer between the proposed apartments and Highway 99W. The northwestern corner will be left in its natural state with FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 17 LUBA NO. 93-191 Exhibit No. AI Page No. /o G large coniferous trees that provide a visual screen and dampen noise. The property immediately west of the southern portion of the site is undeveloped but is zoned for similar multi-family development. Along the boundary with this property,-a 10-foot buffer of existing trees and additional landscaping will be more than adequate, given that the apartment buildings proposed for this area of the site are generally oriented at an angle from the property line, thereby minimizing the number of units adjacent to the property line. To the north, a large area of mature coniferous trees will be preserved. Buildings and parking areas are generally placed 75 feet or more from the northern property line. Additional landscaping and evergreen screen trees will be planted between the existing trees and the apartment buildings and parking areas. To the east and south, adjacent properties are buffered from the site by 109th Avenue and Naeve Street, street trees, berm landscaped with shrubs and evergreen buffer trees, and building set-backs. In addition, apartment buildings along 109th Avenue are generally oriented away from the street. The proposed buffering will thus be more than adequate to buffer the residential uses on either side of 109th Avenue and Naeve Street from one another and to buffer the proposed residential uses from the traffic on these streets. - (iii)(a)-(c) The site is heavily screened from the north and west by substantial buffers of mature coniferous trees. The site is screened from the east and south- by street trees, landscape berms, including evergreen buffer trees and other landscaping. In addition, mechanical devices and dumpsters will be enclosed and parking areas will be fully landscaped with external and internal landscaping. Little, if any, of the parking area should be visible from adjacent properties. C. This provision is inapplicable because nanonre dential structures-are- proposed to abut any existing- residential dwellings. d. Triad's plans provide required outdoor space in the form of separate, private patios or balconies that are placed on the south side of buildings and oriented toward sunlight. e. Triad's site plans show a proposed recreation center, pool, jogging paths, trails, balconies, patios and other public, private or common space which amply satisfied the observable recreational space requirements of this section. f. The proposed development satisfies the requirements of TCDC Chapter 18.108. Circulation patterns within the proposed development accommodate emergency vehicles. Internal roadways are two-way roadways, 24 feet in width. These roadways provide direct access to all dwellings and other buildings in the proposed development. Adequate turn-arounds for emergency vehicles are provided on each internal roadway that is not a through roadway. No pedestrian or bicycle ways are shown for the site on an adopted plan. The proposed development, however, will provide on-site pedestrian and jogging trails, sidewalks and bicycle parking facilities. g. Triad's plans provide more than 20 percent of the site in landscaping. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 18 LUBA NO. 93-191 Exhibit No. Page No. /0 7 h. Neither Naeve Street nor SW 109th Avenue is served by public transit. • Although the site abuts Highway 99W, which is a public transit street, that portion of the site is steeply sloped and is to be left in its natural state. A pathway with a shelter at this location would create a crime safety hazard because the pathway would not be readily observable from the proposed development or neighboring developments. Therefore, no public transit provisions are appropriate under this section. i. No signs are proposed in the application. Future signs, if needed, will obtain a sign permit pursuant to TCDC Chapter 18.114. Any such signs will not obscure the sight distance of vehicle drivers. j. As discussed above, the proposed development meets the requirements set forth in TCDC Chapter 18.106. k. The site is not within a drainageway. Therefore, the criteria in TCDC Chapter 18.84 do not apply. However, the site plans show that on-site drainage is adequate to drain the site without creating erosion, ground instability or adversely affecting properties at lower elevations. 1. This section is inapplicable because the site is not within or adjacent to a 100-year flood plain. (4) TCDC Chapter 18.84 (Sensitive Lands). This chapter is satisfied because the development plan avoids development of areas of the site with slopes in excess of 25 percent, therefore not triggering the sensitive lands review process for steep slopes. In addition, the site does not contain designated drainage ways, 100-year • flood plain areas or wetlands regulated by this TCDC chapter. The National Wetlands Inventory maps and the City of Tigard Wetlands Inventory and Assessment .conducted _by Scientific Resources, Inc. do not indicate the presence of wetlands on the site. However, a condition of approval requires that the applicant submit a delineation of wetland boundaries, if any, prior to issuance of building permits. (5) TCDC Chapter 18.92 (Density Computations). This chapter is satisfied because the site plan provides an appropriate calculation of the permitted number of housing units for the site and the proposed development would provide fewer than the allowed number of dwelling units. (6) TCDC Chapter 18.96 (Additional Yard Set-Back Requirements and Exceptions). This chapter is satisfied because the site plan for rides for appropriate distances is required by this chapter between the proposed multi-family buildings in order to assure privacy to residents and to provide adequate light to all units. (7) TCDC Chapter 18.100 (Landscaping and Screening. This chapter is satisfied because plans for tree retention and added landscaping satisfy TCDC requirements for minimum site area landscaping, street trees, perimeter buffering and vision clearance at intersections. (8) TCDC Chapter 18.102 (Vision Clearance Areas). This chapter is satisfied because proposed improvements at driveway and road intersections are located or sized with respect to maintaining clear vision for motorists and pedestrians. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 19 LUBA NO. 93-191 Exhtbtt No. 42- Page No. lo P (9) _TCDC Chapter 18.106 (Off-Street Parking). This chapter is satisfied because the applicant proposes to build 252 dwelling units of two bedrooms or less, and 96 units of three bedrooms or more. Under TCDC Chapter 18.106.030A4, 570 parking spaces, of which 348 must be covered, are required. In addition, 86 shared parking spaces and five parking spaces for the recreation building must be provided for a total of 661 parking spaces. Of these, 14 must be barrier-free spaces, and 25 percent (165) may be compact spaces. The site plans show a total of 661 parking spaces, of which 360 will be covered, 160 will be compact and 14 will be barrier free. Spaces will meet all dimensional, access, locational, lighting and other requirements of TCDC Chapter 18.106. In addition, the required number of bicycle parking spaces will be provided through bicycle racks and individual apartment garages. (10) TCDC Chapter 18.108 (Access, Egress and Circulation). Site plans demonstrate that the proposed development will meet the requirements of this chapter. The plans satisfy the requirements for pedestrian and vehicle access to buildings, provide the required 24-foot wide internal roadway system with five-foot walkways and provide required internal circulation system and turnarounds for emergency vehicles. The proposed access points would not create hazardous traffic conditions or inadequate access for emergency vehicles. Four access points are proposed. TCDC § 18.108.070.1) is ambiguous, but the Planning Commission construes it to require two access points for the first 100 dwelling units and an additional access point for each 100 parking spaces over the number of parking spaces required to serve the first 100 units. This construction-requires eight_access points-rather than the four proposed by Triad. Triad's.proposaLsatisfies.the access ~ariance_ - approval standards set forth in TCDC § 18.108.150. Those standards are: a. It is not possible to share access. The proposed development does not abut other developed access nor will it in the future. Therefore, shared access is not possible. b. There are no other alternative access points on the street in question or from another street. Placing additional access points on 109th Avenue would create dangerous sight distance situations because of the curve and linear nature of the road. Access to Highway 99W is not possible and is limited by the Oregon Department of Transportation's Access Management Policy. C. The access separation requirements cannot be met. Limited sight distance along the sharp curve on 109th precludes access points there. d. The request is the minimum variance required to provide adequate access. Four access points are the minimum necessary to provide safe and adequate access to the site. e. The approved access or access approved with conditions will result in a safe access. The proposed access points will be well marked and placed at points which will not interfere with one another and that will have ample FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 20 LUBA NO. 93-191 Exhibit No. Page No. /,0.9 sight distance. In addition, the four proposed access points will be distributed throughout the site to provide adequate and efficient access for residents, visitors and emergency vehicles. f. The visual clearance requirements of Chapter 18.102 will be met. The access points meet these requirements. (11) TCDC Chapter 18.114 (Suns). This chapter is inapplicable because Triad is not proposing signs as part of this application. (12) TCDC Chapter 18.120 (Site Development Review). In general, the approval standards contained in TCDC § 18.120.180(aXl) and (2) are the same as those found in TCDC Chapter 18.80. However, the additional approval standards are discussed below: a. Exterior Elevations. The site plan provides the required offsets. b. Demarcation of Public, Semipublic and Private Spaces: Crime Prevention. The site plan shows that the structures and site improvements will be designed so that public areas are clearly defined by the various architectural and site treatments described in the ordinance. C. Crime Prevention and Safety. The site plan shows that the various improvements will satisfy these requirements to prevent crime and encourage safety on the site. (13) TCDC Chapter 18.150 (Tree Removal). This chapter will be satisfied because the applicant is required to obtain a tree removal permit prior to removing trees. (14) TCDC Chapter 18.160 (Land Division: Subdivision). (15) TCDC Chapter 18.164 (Street and Utility Standards). This chapter will be satisfied upon approval of public improvement plans for and construction of the recommended improvements to the proposed new Naeve Street/109th Street connection, SW Naeve Street, SW 109th Avenue and SW Pacific Highway. Approval of public improvement plans is required prior to the issuance of building permits for the proposed development. Although the proposed development will contribute a substantial amount of traffic to nearby streets, the additional traffic will not result in the designed capacity of these roads being exceeded or require additional traffic control measures. Creation of the 109th/Naeve connecting street will discourage traffic from traveling through the Summerfield area especially when the street is extended through to the SW Royalty Parkway/Pacific Highway intersection. The proposed storm drainage system will collect storm water from the portion of the site to be developed and direct this water to the storm sewer at the intersection of SW 109th and Naeve. Public improvement plans will include an analysis of the anticipated storm water flow from this area. Drainage pipes can be and shall be sized accordingly. Total storm water flow from the site to the west will be reduced because the on-site storm drainage system will recapture some overland flow that would drain westward if the site remained undeveloped. • FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 21 LUBA NO. 93-191 Exhibit No. /Z Page No. /1.6 The Planning Commission concludes that the proposal, with minor modifications required as conditions of approval prior to building permit issuance, is consistent with the above applicable portions of the TCDC. 3. Additional Issues Raised by Opponents. (1) Impact on school district facilities. One opponent argued that the proposal will overload Tigard school district facilities. The Planning Commission finds that there are no applicable approval standards related to capacity of school facilities. Tigard Comprehensive Plan Policy 7.8.1 provides, "The City shall work closely with the school districts to assure the maximum community use of the school facility for Tigard residents through locational criteria and the provisions of urban services." The Planning Commission interprets this policy to require coordination with the school district, but there is no requirement in the policy for an analysis of capacity and impact by a development. The school district commented that: "additional school capacity may be provided by other options under consideration by the school district including: grade level reconfiguration, rescheduled school year, boundary adjustments, double shifting, busing to unutilized facilities, future bond measures leading to construction of new facilities and other school housing options." In addition, Tigard Comprehensive Plan Policy 7.8.1, Implementation Strategy 1, provides as follows: "The City shall monitor school capacity by requiring requests for development proposals and permits to be reviewed by [the] applicable school district for effects on school capacity as a pre-condition to development." The Planning Commission finds that this implementing strategy has been complied with by the opportunity for notice and comment provided to the school district. The Oregon Land Use Board of Appeals has upheld the City's interpretation that TCP Policy 7.8.1 Implementation Strategy I does not require a finding of adequate school facilities. Davenport v. City of Tigard, _ Or LUBA _ (LUBA No. 92-104, March 15, 1993). (2) An apartment complex is incompatible with the surrounding area. The Planning Commission finds that previously established zoning and density requirements determine this area as an appropriate location for multi-family projects. Moreover, the area is largely surrounded by multi-family projects as testified to by Beverly Swink. A limited single-family area is adjacent to the project on the southeast. However, the substantial landscaping buffer and SW 109th provide an acceptable buffer to this area. The Planning Commission finds that the apartment complex is not incompatible with the surrounding area because of the many existing apartments and, in any event, incompatibility is not an approval standard. FINAL ORDER - SDR 93 0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 22 LUBA NO. 93-191 Exhibit No. Page No. /l (3) Children on bikes and skateboards will create a danger for elderly pedestrians. One opponent argued that the apartments' presence would create a danger for • elderly pedestrians by virtue of children's use of bikes and skateboards. The Planning Commission finds that this is not related to an applicable approval criteria. In any event, however, there is no evidence in the record that children from apartment complexes pose a greater danger to pedestrians, elderly or otherwise, than children from other types of residential units. (4) Improvements to Naeve Street are needed. The Planning Commission notes that the above findings indicate that Naeve will be built as required by TCDC provisions. (5) A need for on-street parking on SW 109th. One opponent argued that the improvements on SW 109th lack on-street parking, and this will be required for the nearby Christmas tree farm. The Planning Commission finds that the proposal's off-street parking is sufficient for its purposes. Any issue of on-street parking is separate from this application proposal. On-street parking is to be addressed through street development standards. (6) Petition in opposition to the proposal. Marge Davenport indicated that a petition signed by many residents of nearby areas opposed this project. The Planning Commission notes that this petition is not in the record. (7) SW 109th must have a bike path. Marge Davenport raised the issue that ORS 366.514 required bike paths to be constructed as part of the improvements to SW 109th Avenue and Naeve Street. ORS 366.514 requires streets constructed with the use of gas taxes to include bike paths. The City Engineer testified that gas . taxes are not being used to construct either Naeve Street or SW 109th; the costs are paid partly by the developer and partly by traffic impact.fees. Moreover, the City does not normally mark bike paths on minor collectors.. The Planning Commission finds that ORS 366.514 does not require a bike path. (8) Credibility of applicant's traffic consultant. Marge Davenport challenged the credibility of the traffic report submitted by Wayne Kittelson on the basis that the applicant paid for the study. The City Engineer reviewed the study and testified that he is comfortable with its results. Moreover, the Planning Commission finds that Mr. Mttelson has a long history of experience with such studies and is satisfied that Mr. Mttelson is a credible and reliable witness on the issue of traffic. C. DECISION: The Planning Commission hereby approves Site Development Review 93-0009 and Planned Development Review 93-0006 and the associated access variance subject to the following conditions: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: Unless otherwise noted, the contact person shall be Randy Wooley of the Engineering Department. FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 23 LUBA NO. 93-191 Exhibit No. /.I_ Page No. ii.L 1. During all construction of the on-site and off-site improvements, all construction traffic shall travel to and from the site via Pacific Highway and either Naeve Street or the proposed new connection between 109th and Royalty Parkway. Construction traffic shall NOT use existing 109th north of the site nor existing 109th south of Naeve Street. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street, 109th Avenue or within the public right-of-way. 2. 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. 3. Standard half-street improvements, including concrete sidewalks, curbs, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to Oregon State Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Highway Division. A copy of the approved plans shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. The existing, driveways to tax lots 700 and 800 shall be removed. An access reserve strip shall be recorded along this frontage. 4. The applicant shall obtain a permit from the.State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. 5. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic-map of-he--storm drainage-basin-and sanitary sewer service area shall be 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. 6. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 7. The proposed privately-operated and maintained parking lot and/or roadway plan-profile and cross section details shall be provided as part of the public improvement plans. 8. An erosion control plan shall be provided as part of the improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989". 9. The applicant shall obtain a "joint permit" from the City of Tigard Engineering Department. This permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. 10. Prior to the issuance of building permits, a delineation of wetland boundaries, if any, on the site shall be completed by the applicant, and , if necessary, applicable provisions of Section 18.84 (Sensitive Lands) of the Community Development Code shall be met. Staff Contact (Planning Division). FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PACE. 24 LUBA NO. 93-191 Exhibit No. 42. Page No. _ //3 11. There shall be no vehicle connection between Old 109th and New 109th. A turnaround, • i.e. hammerhead meeting the City's and Fire District's approval shall be provided at the end of Old 109th. No other improvements shall be required north of the intersection of Old 109th and Naeve Street. 12. Naeve Street shall be realigned at Old 109th to intersect Old 109th at approximately a 90-degree angle, and shall conform to the alignment shown on the submitted preliminary plans (Drawing C100, dated 644/93). The existing south curb shall be reconstructed to match the new alignment. 13. New S.W. Naeve Street shall be improved in the following manner (NOTE: all stationing is taken from the submitted preliminary plans dated May 20, 1993): A. Full street improvements, meeting local street standards, shall be provided from STA. 2+37 to STA. 7+00. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities. B. Two-thirds street improvements, meeting local street standards, shall be provided from STA 7+00 to STA. 14+59. Two-thirds street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and interim improvements to maintain traffic flow in the eastbound lane. 14. S.W. 109th Avenue shall be improved in the following manner (NOTE: all stationing is taken from the submitted preliminary plans dated May 20, 1993): • A. Full street improvements, meeting minor collector street standards, shall be provided-from STA 10+00 to STA_ 19+20. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities. B. Two-thirds street improvements, meeting minor collector street standards, shall be provided from STA 19+20. Match the existing improved street at approximately STA. 27+80. Two-thirds street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and interim improvements to maintain traffic flow in the northbound lane. C. The City Engineer may approve reduced lane widths within that portion of New 109th between STA 10+00 to STA_ 28+00. 15. The applicant shall do the following with respect to the storm sewer system: A- Demonstrate that the existing pipe in 109th Avenue has adequate capacity to handle ultimate development of the entire drainage basin. B. Design the on-site water quality facility to meet current Unified Sewerage Agency design standards and verify that it will be the responsibility of the owners of the site to maintain such facilities. s FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 25 LUBA NO. 93-191 Exhibit No. AP, Page No. 1111 C. Design the system(s) so that there is a clear delineation between the private and public systems. 16. The applicant shall dedicate the following right-of-way (NOTE. . stationing is based on preliminary plans as submitted to the Planning Department dated May 20, 1993): A. S.W. Naeve Street: (1) From STA. 2+00 to STA. 7+00 - 50 feet of R.O.W., i.e. 25 feet either side of the new center line alignment; (2) From STA. 7+00 to STA. 14+58 - 25 feet of R.O.W., 25 feet from centerline along the north side of Naeve. B. Old S.W. 109th Avenue - provide R.O.W. for the hammerhead turnaround. C. New S.W. 109th Avenue: (1) From STA. 10+00 to STA. 19+20 - 60 feet of R.O.W.; 30 feet either side of the new centerline. (2) From STA. 19+20 to STA. 27+28 - 30 feet of R.O.W.; 30 feet from centerline along the west side of 109th. 17. The landscaping plan shall be revised to provide for a minimum caliper of 2 inches at planting for all street trees along public streets abutting the site. STAFF CONTACT: Planning Division (639-4171). 18. A demolition permit shall be obtained prior to destruction or moving any of the existing buildings on the site. If the buildings are on_septic_tanks,_the-tanks shall be pumped out and either removed or filled with sand or gravel. If the buildings are connected to sanitary sewers, the lines shall be capped off in an approved manner. An inspection shall be obtained after the tank is filled or the sewer capped. A copy of the receipt for septic tank pumping shall be provided to the Building Division. STAFF CONTACT: Dave Scott, Building Division (639-4171). 19. The finished grade of cuts or fills shall have a maximum slope of 2:1, or else a professional engineer shall certify the stability of any steeper slopes. Prior to the issuance of building permits, a report from a registered engineer shall be submitted. The report shall indicate the location of any fill placed on building sites, suitability of the soil for building construction, and soil bearing capacity. STAFF CONTACT: Dave Scott, Building Division (639-4171). 20. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. 21. A detailed tree protection plan shall be submitted for Planning Division approval which includes locations and types of trees to be removed or retained, an arborises recommendation for methods of protecting retained trees during construction of the FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 79 LUBA NO. 93-191 Exhibit No. 42, Page No. IIX i proposed apartments as well as for the long-term health of these trees. This tree protection plan shall include at a minimum all trees designated for retention on the preliminary landscaping plan and should endeavor to add additional mature trees as practicable. The trees to be saved shall be protected during construction by fencing or similar means approved by the Planning Division. No site grading, clearing or tree removal shall occur prior to satisfaction of this condition. STAFF CONTACT: Planning Division, (639-4171). PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. 22. The applicant shall receive approval from the City of Tigard Police Department prior to assigning or installing addressing on buildings or directional address boards internal to the development. STAFF CONTACT: Kelley Jennings (639-4171). 23. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Planning Division (639-4171). 24. A sign permit shall be obtained from the Planning Division prior to the erection of an identification sign. Sign location and size must be in accordance with the provisions of Section 18.114 of the Community Development Code. STAFF CONTACT: Planning Division (639-4171). 25. Prior to the authorization to proceed with construction of any public improvements, the • developer and the City shall enter into an agreement substantially similar to the draft agreement proposed by Triad and attached to this approval as "Attachment B". Final wording of the agreement shall be reviewed and approved by the City Attorney. STAFF CONTACT: Randy Wooley, City Engineer. APPROVAL SHALL BE VALID FOR A PERIOD OF EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. It is further ordered that the applicant be notified of the entry of this order. PASSED: This 21r-day of At -iwt t , 1993, by the Planning Commission of the City of Tigard. QJ mes Castile, Vice Chair L/Tigard Planning Commission c~ ? 7 93 DATE br/69783.1A FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD PAGE 27 LUBA NO. 93-191 Exhibit No. 69t. - page No. A~ o chat Vhof ` ' 14So2 SSA! 109th Ave. Tigard, Oregon, 97224 Sept. 9, 1993 ,nom-rr Tigard City Council SEP 13 199 Tigard City Hall 3 13125 SW Hall Blvd. LL`"L:_;`- Tigard, Oregon, 97223 Dear Members of the Council: I received today a notice that on Sept. 28 you will be considering the following file, which has recently been approved by the Planning Commission. SOB 93-0009/PDR 93-0006 Triad III _ While I will probably be attending the hearing, rather than speaking at the---hearing, I would like--to-have the attached copy of a letter I wrote to the Planning Commission stating my objections and reasons for them, written into the minutes of the meeting. I would appreciate your giving attention to these. considerations in making your decision. Very truly yours, _Y' Lenore A. Schuster LUBA NO. 93-191 Exhibit No. Page No. i 14962 SW 109th Ave. Tigard, Oregon, 97224 August 7, 1993 Tigard Planning Commission Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon, 97223 Attention: Dick Sewersdorff Dear Members of Planning Commission: Re: File No. SDR 93-0009/POR 93-0006 Triad III, Meeting of 8/16/93 Please be kind enough to consider the following comments in connection with the hearing for the above project. I will not-be able to attend the hearing. As an owner of a condominium in the Canterbury Woods Complex adjacent to the-proposed complex, I have been following this project since it was first proposed in 1990., including attending previous meetings of- the-.-Planning Commission and.the City Council. I have also written previous letters for the record. I have previously been a member of the Homeowners' Assn. Board and I believe my concerns reflect those of other owners here. We will be very much impacted if thls complex is built. I wii-i=-conF-in-e-mys-e:l-€ to two major ob jections__(_w.hich_ actu.all-y-. inco-rptmate companion problems.) 1._.Th.e_size of this project (I believe Tigard's largest) is equivalent to a small town being built on the limited space of a sharply graded hill, necessitating the removal of trees and other vegetation, which I believe to be ecologically unsound. I understand that when permission was granted for the Albertson's shopping center area to go in some of this area was zoned for high density multifamily dwellings as a trade-off. I was not notified of this decision and only heard of it much later. I'm inclined to wonder if any actual looking at the topography of the land was involved, or if it was just a paper transaction. 2. Transportation, parking, etc. Since this project first came before the planning commission and council, Timberline Apts. (formerly Little Bull Mt. Apts.) have been completed and largely (though not completely) occupied. In addition to more cars coming and going, the curve where 109th turns into a deadend is completely filled with parked cars on each side every evening, creating a real visibility hazard for those reentering our complex. To prohibit street parking would prevent those of us who live in this area from having guests. This project would worsen that situation. It seems almost a Murphy's Law that every complex generates half again the number of cars it is designed to accommodate. LUBA NO. 93-191 Exhlbit No. Page No. Putting through--109th, as I believe is currently planned;` will not Pliminate the problem For current residents and ' will continue as a problem for residents of the new complex. Presumably the traffic will flow in two directions from the new complex on 109th. The segment of 109th leading to Canterbury Lane is curving and dangerous, and there are many children in the apartment complexes along this route. It is especially bad in winter--there is no way to avoid a slippery hill getting down into Tigard and environs but 109th is the most hazardous. At this point, there is no public transportation available From the top of the hill. I would suggest that if this project does go through, public transportation is a very important need to be addressed. I_do not think it would eliminate the basic bad idea of 343 units on-the limited space of the slope of a steep hill, but at least it might mitigate the traffic problems. Thank you for your consideration of my concerns. Very truly yours, L pore A. Schuster T LUBA NO. 93-191 Exhibit No. L3 Page No. ~ ~ , ~ t I t ~ ~ F i J .t s i, t T 4 i DESIGN TEAM: INDEX: ARCHITECTURAL DRAWINGS ~T A001 SUMMARY: CODE 5/20/ Owner/Developer: TRIAD TIGARD LTD. MAP VICINITY i a 320 Andover Park East A100 PLAN: SITE 5/2~/ Seattle, WA 98188 A200 PLAN: BUILDING A 5/20/ TK~R~~ ORC~ON i Phone: (206) 527-3514 A201 PLAN: BUILDING 8 5/20/ Fax: (206) 527-6616 A202 PLAN: BUILDING C 5/20/ A203 PLAN: BUILDING D S/20/ Architect: MATT L. DRISCOLL, ARCHITECT A204 PL.gN: BUILDING E 5/20/ A230 PLAN: RECREATION BLDG. 5/20/ 114 Vine Street • i Seattle WA 98121 A300 ELEVATIONS: BUILDING A 5/20/ Phone: 206 441-7705 A301 ELEVATIONS: BUILDING B 5/20/ DATE OF ISSUE/ CODE SUMMARY: PARKING SUMMARY: LAST REVISION Fax: ~206~ 441-5373 A302 ELEVATIONS: BUILDING C 5/20/ A303 ELEVATIONS: BUILDING D 5/20/ Structural Engineer: DODO PACIFIC ENGINEERING, INC. A304 ELEVATIONS: BUILDING E 5/20/ 5/20/93 SITE AREA: 26,187 acres, 1,140,836.40 squore feet PARKING REQUIRED: 5/20/93 1 & 2 Bedroom 820 Minor Ave. N. A330 ELEVATIONS: RECREATION BUILDING 5/20/ Seattle, WA 98109 LOCATION: North of Naeve Street, between SW 252 Units x 1.5 37g 5/20/93 109th and Pacific Highway, City of Phone: (206) 682-1500 INDEX• CML DRAWINGS 5/20/93 Tigard. 2+ Bedrooms Fax: (206) 682-2623 5/20/93 96 Units x 2 1 g2 C100 PRELIMINARY GRADING PLAN 5/20/ Civil Engineer: KAMPE ASSOCIATES, INC. C101 PRELIMINARY STREET PROFILES 5/20/ 3681 SW Carmen Dr. C102 PRELIMINARY STREET PROFILES AND SECTION 5/20/ Loke Oswego, Oregon 97035 C103 PRELIMINARY UTILITY PLAN 5/20/ Phone: (503) 635-6291 5/20/93 5/20/93 BUILDINGS: 17 Residential 570 5/20/93 1 Recreational total 5 20 93 33 Garages & Carports ~ recreation bui►ding 5 5/24/93 1 Fax: (503) 635-5480 5/20/93 BUILDINGS & UNITS: total stalls required 575 INDEX: LANDSCAPE DRAWINGS 5/20/93 Landscape Architect: THOMAS REMGSTORF, ASLA L100 PRELIMINARY LANDSCAPE PLAN 5/20/ 911 Western Avenue L101 PLANTING DETAIL PLAN 5~2~~ Seattle, WA 98104 5/20/93 Building No. of Units & T pes No. of Bldgs. 5/24/93 A 12) 2/1, (8 2/y2 5 Covered Required 348 ~ B ~8) 1 /1, (12~ 2/12.5 4 Barrier Free Required 14 i Y ~ Phone: (206) 682-7562 C 24) 1/1 2 Compact Allowed 25% of 609 = 152 Fax: (206) 682-4721 5/20/93 E 8))131?(12) 3/2 3 Geotecthnicol Engineer: TERRA ASSOCIATES 5/20/93 5/20/93 PARKING PROVIDED: 15301 NE 90th Street INDEX: I~AISCELLANEOUS 5/20/93 Redmond, WA 98052 SURVEY 5~2~~ Phone: 206 881-5570 EXISTING CONTOURS 5~2~~ Fax: ~206~ 821 -4334 EXISTING TREES Building 1/1 2/1 2/1.25 2/2 3/2 TOTAL Garage Stalls 180 A 0 60 0 40 0 100 Carport Stoils 144 1 B 32 0 48 0 0 80 Standard Stalls 134 j 5/20/93 C 48 0 0 0 0 48 compact Stalls 101 5/20/93 D 0 0 0 0 60 60 Compact Garage Stalls 36 E 24 0 .0 0 36 60 Barrier Free Stalls 14 104 60 48 40 96 348 Total Provided: 609 ~L LEGAL DESCRIPTION: PERCENTAGE OF SITE COVERED WITH BUILDINGS: ~ CARPORTS & GARAGES: Bess rr~vace nooas - ~ ~ , ► ©~r.uv 0 0 Total: 224 087 s.f. w c A PORTION OF THE NORTHWEST AND SOUTHEAST QUARTERS OF 130 454.60 {.L SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. WASHINGTON . i COUNTY, OREGON, SAID PORTION BEING MORE PARTICULARLY . ~ t~AP. IN TY NORTH NO SCALE 0 DESCRIBED AS FOLLOWS: 1 480.00 S uare Feet er Unit. , q P wt 0 88.15 ~ ~ Net Units er Acre. ~ ~ p ~ , Ca BEGINNING AT AN IRON ROD WHICH BEARS NORTH 71'38'49"WEST r 1 ~ 1050.88 FEET FROM A WASHINGTON COUNTY MONUMENT AT THE 130 4 4.60 , ~ ; 5 , ~ s y _ - EAST QUARTER CORNER OF SAID SECTION 10, AND RUNNING THENCE a SOUTH 89'36'00" WEST 1001.28 FEET TO AN IRON ROD IN THE L ~ ..s tr ~ ~ EAST RIGHT-OF-WAY LINE OF S.W. PACIFIC HIGHWAY; THENCE `t ~ i ~Mi ~iM 975 474.40 R--12 Zone , _ FOLLOWWG SAID RIGHT-OF-WAY LINE SOUTHWESTERLY 220.44 FEET 'aA, ~ -32 950.00 ~ , Less R.O.W. & De~~cations ~ ~ ~ ALONG A 1392.39 FOOT RADIUS NONTANGENT CURVE TO THE LEFT -88 72$.00 t ~ ~ ~ less Private ,Roads , . ~ (THE LONG CHORD OF WHICH BEARS SOUTH 18'03'07" WEST tM..l+ i~+ w q.N r.wrw r I~'*M' 4 - 38 000.00 ~ ~ 4 ~ . Less Sensst~ue Lands 221.21 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH. 13°30'59" WEST 142.59 FEET TO A POINT ON THE NORTH t ~ ~ ~ ~ 815 796.40 ~ ~ ~ . ~ , , LINE OF LOT 9, "WILLOW-BROOK FARM"; THENCE NORTH 89'29' b. '~ya 1 ~ T 43" EAST, ALONG SAID NORTH LINE, 282.36 FEET TO THE 3 0 ~ ~ r. iii ~t. ~ ~1 1. yA~ r ''t"+d ;v.' S uare Feet er UnE . ~.w • NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 00'51.'39" 9 R ~ 267.47 , ; ~ : ~ Net Units er Acre. E EAST, ALONG THE EAST LINE OF SAID LOT 9, 792.52 FEET TO A P r SWE ~ t POINT IN THE CENTER OF S.W. NAEVE ROAD (COUNTY ROAD #900); ~ and . ~ I~AUI'fll~~ ~ ~ Dens~t Transfer Sens tine l ~ , THENCE SOUTH 63'28'49" EAST, IN THE CENTER OF SAID ROAD, 25~ of 38 000-9 500 ~ ~ ~ r 917.52 FEET TO THE INTERSECTION WITH S.W. 109TH AVENUE , , Cdtf~At. • e !4 9 500 3 050=3.11 ~ (COUNTY ROAD # 1415); THENCE IN CENTER OF SAIQ AVENUE ~ ~ ~ ® ~ 4.. 270.58 t a , NORTH 00' 34'47" WEST 332.79 FEET. NORTH 00'29'49" i ~lVEST 437.10 FEET AND NORTH 00' 59' 13" WEST 439.49 FEET; . . , S r ~ f , ~ ~ THENCE NORTH 00°22'56" EAST 345.35 FEET TO THE POINT OF ~ ♦N~M+ BEGINNING. 358 ~ •a. TOTAL UNkTS ALLOWED . , r CONTAINING 27.194 ACRES GROSS +'A~~ rl ~ ~ ~ y~ S SUBJECT TO THE RIGHTS OF THE PUBLIC TO ANY PORTION LYING WITHIN S.W. NAEVE ROAD (COUNTY ROAD X900) OR S.W. 109TH 348 T 1TS PROVID D. T4 A~. U N E li AVENUE (COUNTY ROAD #1415). tr,.,. ~ ~ 1 orn U\ . , t M ^ 7 W \ OD ~!Y j t 1 i j' - w ~ o° Sci ~ D Q a 0 O J ~ ~!/1 O O U~ O WJ r ~ ~ N ~(r~~ Z D ~j. W O~ `L-~~ 3 W n o m ~ a ~ w QQ ~ i i ~Y ~ i i i n i ~ ~ ~ 6' o h / / / J~ i t o Iii ~ ~ ~ ~ £Z/~^9(~ ~ 9:6£4 ~ ~NALL~f~{ Y . i i l ' ~ Z _ i r- E { t _ i y i i" i i i r _ a i r~ r N~ ~o ~ i ~ i~ i i ~ ~ ~ ~ l J 1. ti o ~/i i 7 r~ 0 4~. - / / ~i i ~i , , , i iii ~i/i s a 14L- . 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' * f "Lt'#t ~ ~ r • u R iR { "F' ~ 24'11[11 !j I # 4'R~0 - - ~ ~ a 1 { ~ ~ ~ - r ' lb ~ * + - 4 , eav f f ~ +r + + asp + ~ ~ ~ ~ + l ~ f f f ~ 1 _ - r tyro i n . a _ : - _ _ . , . j . i i V 4 ~ ~ ~ ~I 'T( # \ _ r ' \ ~ . ~ - ~ f w, - _ k. , _ ~ . I ~ number ©f trees....Dave beerlocated b clnth tdo to . Y R i to a and cam ass metl~ads, Loc:~ti.on ~ P a ~ hnul~i he field sign~f~cant trees to ~e s ve s veri~i~c}. 'j ` ~ 4 S ~ . r - . ; , - _ I ~ j ~ r i tt 1 3 3 . , ~ ft 7 4..-.. ,1 x, a y PROJECT NQ 9-317 DATES REVISIONS r , ~ nEStGW-a Br$ MIT Mnvn are P.D. RESU8M[TTAL: ~ A~fG 91 • 20 M",91 PA RE U i FG 11 AR GaNSULTING ENGINEERING SERVICES VICES EXISTING TREES WaM PLAZA WEST WqrM 360 x,,6.6-.5" Iffi75 S.W. CENTER tT. 76J1VERTClI OR 9`/005-1i61 648--4" '13 rn a zo ~ Z 0 .ti 7 41-