Ordinance No. 78-07 �k
CITY OF TIGARD, OREGON
ORDINANCE No. 78-_ 7
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY TED
MILLAR FOR AN AMENDMENT TO THE 1970 ZONING. MAP OF THE CITY OF TIGARD
CHANGING THE ZONE DISTRICT OF A TRACT OF LAND ON S.W. GAARDE AND S,W.
PACIFIC HIGHWAY AND D']PICTED ON WASHINGTON COUNTY TAX MAP 2S1 10A AS
TAX LOTS 700, 800 & 1000; TAX MAP 231 3DD, TAX LOTS 800, 801, WEST
350 FEET OF 900, 1100, 1400, AND 1500 FROM CITY OF TIGARD R-10, A-2,
& C-3 TO R-10, A-2, C-P, & C-3 PLANNED DEVELOPMENT AND ADOPTING
EXHIBITS "A" , "B" , "C", AND "D" GRANTING THE APPLICATION AND FIXING,
AND EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION l: Finding that the lands hereinafter described have been
heretofore and are now classified as City of Tigard R-10,
A-2, and C -3 pursuant to the provisions of the City of Tigard's Zoning
Ordinance and Tigard Ordinance No. 75-52, and further finding that
pursuant to prescribed procedures, the above-stated application for
a zoning map amendment was heard in a public hearing held by the Ti-
gard Planning Commission on November 15, 1977, and January 10, 1978,
and all interested persons were there and then afforded an opportunity
to be heard, and thereafter the Planning Commission filed its report
and recommended approval with the City Recorder, a copy therefore here-
to attached and by reference made a part hereof, the Council adopts
the substantive findings:
1. The proposed C-P zoning is compatible with the surrounding
zoning and conforms to the Neighborhood Planning Organi-
zation #3 Plan, and
2. That with the attachment of appropriate conditions, the
adequate provision of public services to serve development
of the site can be assured; and
3. That the applicant has shown a community need for his pro-
posed development on the site herein described; and
4. That the proposed location is most suitable for the ap-
plicant's proposed development.
RECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicant 's request for
an amendment of the Tigard Zoning Map of 1970 to zone those lands de-
scribed in the attached Exhibit "A", for Planned Development District
is hereby approved, subject to the provisions of Chapter 18.56 of the
Tigard Municipal Code so embodied in or exhibited by the document sub-
mitted and identified as follows:
Ordinance No. 78-
Exhibit "A" : - Legal Description
Exhibit "B" : - General Plan and Program
Exhibit "C" : - Staff Report
Exhibit "D" : - Zone Map
And further subject to the following conditions:
1 . Prior to the development of any part of Phase II , a
development plan and a traffic analysis shall be sub-
mitted to the city.
2. That the secondary access to the commercial property
in area "A": Phase II as shown on the site plan be
deleted. Access to these properties to be determined
during the submission of a development plan for Phase
II .
3. That Lots 18 through 31 develop on a private drive
(30' right-of-way and 24 ' pavement) .
4. That Lots 36 and 37 be duplex lots.
5. That access for Lots 1 .through 4 be provided between
Lots 1 and 3 and the temporary emergency access be-
tween Lots 4, 6, and 7 be deleted.
6. That the entire development within Phase I be subject
to design review.
7. That the main street within the development be con-
structed tolocalstreet standards (50' of right-of-
way, curbs, a single meandering sidewalk, exact lo-
cation to be determined during design review) street
trees, and street lights.
ME
8. That covenants be attached to the deeds of Lots 7 and WA
Orm
8, 13 and 14, 23 and 24 restricting access from
the private drives to properties in Phase II .
9. That a minimum setback of 15 feet be provided along
all rear lot lines.
10. That a pedestrian access to Pacific Highway be considered
during the design review process.
11. That maintenance responsibility be prescribed to a
Homeowners Association for all areas not within public
right-of-way.
12. When Phase II develops, a general plan and program will
be submitted to the Planning Commission for their ap-
proval.
13 That a 24 foot paved street be extended from the
present paved end of SW 110th to SW Gaarde Street with
no parking permitted on either side of the street.
Page 2
ORI)I IYANCE No. 78 -
SECTION 3: This ordinance shall be effective on and after the 31st
day after its passage 'by the Council and approval by the
Mayor.
PASSED: By mCx, vote of all Council members present,
this day of1978, after
being read two times by number and title only.
Recorder - Cityo Tigard
APPROVED: By the Mayor this /_jday of /qc,,. 1978.
x:
Mayor - City of Tiga d
4"
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Y Page 3
ORDINANCE No. 78 -
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- ` EXHIBIT B
THE
VAN LOM
KRAXBERGER
PARTNERSHIP
ARCHITECTS
GARDEN PARK PLACE PLANNERS A.I.A.
Raleigh Hills Protessional Bldg.
PLANNED DEVELOPMENT DISTRICT 4455 S.W.Scholls Ferry Road
Portland, Oregon 97225
(503)292-8895
DUPLEX (PHASE I )
Tax Lots 801 , 1/2 lot 900, 1400 , and
1500 (Map No. 2S1-3DD)
i
Tax Lot 1000 (Map No. 2S1- 10A)
a
COMMERCIAL DEVELOPMENT (PHASE II ) I
Tax Lots 800, 1100 (Map No. 2S1-3DD)
Tax Lots 700, 800 and 0 3(
900 (Map No. 2S1-10A)
Tax Lots 1000 and
Easterly 1 /2 Let
900 (Map No. 2S1-3DD Separate Ownership)
APPLICANT TED MILLAR
7941 S. E. Johnson Creek Boulevard
Portland, Oregon 97206
b
ARCHITECT THE VAN LOM/KRAXBERGER PARTNERSHIP A. I .A.
4455 S. W. Scholls Ferry Road
Portland, Oregon 97225
I
GARDEN PARK PLACE ( PHASE I )
Garden Park Place is a planned duplex development which is to
include Tax Lots 1400 ( 1 .02 acres) , Tax Lot 1500 (4.66 acres) ,
Tax Lot 1000 ( . 01 acre) , the Westerly 1 /2 of Tax Lot 900 ( .72
acre) and Tax Lot 801 ( 3. 25 acres) of Map No. 2S1 3DD. The total
9.66 acres will allow for 35 duplex lots of 9,120 sq . ft. (net)
each.
2.87 acres (Tax Lot 1400 and the Westerly portion of Tax Lot 1500
( 1 .85 acres) has recently been rezoned to A-2 multi-family, .to
bring it into conformance with the Designated Comprehensive Design
Plan for this area . The remaining 2 . 81 acres of Tax Lot 1500,
currently zoned single family , is shown as a Professional-
Commercial site on the Comprehensive Design Plan as is the .72
acre protion of Tax Lot 900. The 3.25 acres of Tax Lot 801 is
shown as 'Suburban Density' housing under the current Comprehensive
Design Plan and is zoned R-10.
The intent of this proposal is to include the five properties into
a 9. 66 acre duplex planned development consisting of a maximum of
35 duplex lots and 70 living units. Those portions of land cur-
rently zoned R-10 would be utilized foi duplexes only.
_ 2
y
Note that these same properties were included in a combined multi-
family, duplex, commercial , conmiercial -professional proposal which
gained preliminary approval for the Tigard Planning Commission on
July 19, 1977 (ZC 27-77) . After long and careful study of the
restrictions imposed as conditions of that preliminary approval ,
plus the inability to sign definite leases for the commercial sites,
the proponents were forced to abandon the overall planning concept
and concentrate on a two-phase development of the 12+ acre site
with the housing portion of the development required to be able to
"stand by itself" if the street commercial did not develop further.
The commercial properties along Pacific Highway are optioned pro-
perties . The inability to obtain firm commitments from potential
users of these parcels makes these developments somewhat questionable
at this time. 10
Garden Park Place will contain a maximum of 35 duplexes when com- �-' K' ,
plete. The 35 duplexes will generate approximately 140 vehicles Q
using a ratio of two vehicles per housing unit. Approximately 84
children ( 1 .2 per household are expected to live in the development
when fully occupied. Of those 61 will be school -aged children
from Kindergarden through high school age.
+
The distribution would be approximately as follows:
0 - 5 years (Preschool ) L3
- K - 6 th (trade 33
7 - 9 th grade = 14
10 - 12th grade 14
= 3 _
STREETS will be constructed to City of Tigard standards with side-
walks , curbs and street lights as required for subdivisions . A
TC?�7�d G('
deviation of street widths should be noted in —tures street right-
of-ways which are designated as havinq_r 30' riotr .`of_-.*aj -(25' of
paved street with roll-up curb on street. This concept of reduced
street width enhances the residential scale of the neighborhood
and is consistant with planning in other parts of the country.
Parking on these short streets will be prohibited.
A second deviation should be noted in duplex lot areas which vary
from 8,000 sq. ft. to 10 ,000+ sq . ft. Lot areas of 8,000 sq . ft.
acre are allowed in both A-2 and Commercial-Professional desig-
na-t-e-q sites .
UTILITIES will be provided to the site at the developer's expense.
There is adequate sewer, power and water capacity to service this
project. Storm water run-off will be handled through an engineered
retention system which will be constructed to the standards approved
by the City of Tigard.
-We feel that a duplex subdivision with higher density than single-
family housing will act as a buffer between single-family__housing
t
and C-3 commercial sites along Pacific Highway .
A minor land partitioning will be required on Tax Lot 900 which
will be carried out as pert of this proposal as final acceptance
is granted.
d -
f
Fiearding Tax Lots 1500 and the Westerly one-half of Tax Lot 900
Tax Map 2S1 3_UD)
f
We feel that a duplex planned development is a better utilization
of these sites than the Commercial-Professional use as called for
under the Comprehensive Design Plan . We say this for the following
reasons :
A. The site involved is a landlocked portion of Commercial-
Professional use land. The only possibility of it' s use as desig-
nated is with road access , or utilization: with a similar designated
portion of property which has access to streets . Neither of the
two cases presently exist.
At the time that this property was given the designation as
Commercial-Professional , a Gaarde Street-McDonald' Street connection
s
was planned. This Concept Was abandonedbill the designation of
,>
AI
Commercial-Professional remained. The validity of this sites use
as office-professional use in view of the present access is question-
able. The majority of those looking for office space would first
choose those sites with highway frontage . Several acres of Commer-
cial-Professional sites are presently undeveloped along Pacific
Highway near this site.
After careful study of the costs involved in carrying out the
requirements of the Preliminary Approval for a more involved plan
of this site ( ZC 27-77 - July 19, 1977) it was deemed too costly
5 _
to�make that proposal work economically. Also studies show that
there is an over abundance of office space now in existence to
warrant use as an office site .
By utilizing an acceptable use in, a Commercial-Professional
zone this site could be developed along with its adjoining parcels
in a planned development containing 9 . 66 acres of needed housing.
This development could then combine these parcels into an orderly,
well planned development of housing, street systems , pathways and
play areas.
i
The two properties, Tax Lot 1500 and one-half of Tax Lot 900
f
are centrally located and are a key to the orderly development of
the adjacent properties . Only by using these properties and the
available lands surrounding these two parcels , can an organized
plan be developed. "
The following BENEFITS of the combined project would be realized
by the community:
1 . " A dedication of 17 feet of frontage along 110th Street would
be provided to the City. This dedication of 395 feet ( .15 acre)
would extend along all of the property under the subidivsion pro-
posal .
2. One-half street improvements of S. W. 110th Street would be
.made to the interesection of S . W. Gaarde Street along this property.
_
�6 -
3. A five-foot street dedication along S . W. Gaarde Street up
to Tax Lot 1000 ( approximately 370' ) would be provided and one-half
street improvements would be made to that property.
4. A duplex subdivision will have less density than the multi-
family development plus commercial-professional development as
proposed in ZC 27- 77 or as allowed under present planning. 3. 56
acres of professional office development could generate 70,000 sq. ft.
of office space creating a need for 200 automobiles . That same
area, under duplex classification , would allow for a maximum of
13 duplex lots and parking for 52 vehicles . The parking require-
ments for this entire subdivision is 140 automobiles as opposed to
270 parking spaces as would be necessary if these parcels were
constructed according to the maximum allowed by the Comprehensive
Design Plan. Therefore the total vehicles generated by the duplex
subdivision based on two vehicles per dwelling unit would amount
to 527 of the total as would be anticipated using the areas as
designated by the Comprehensive Design Plan.
5. General playground area 13,500 sq , ft. will be available for
the use of the residents of this development. Walking or riding
pathways will also be included
s
6. Developing this site into a duplex subdivision would provide
a reasonable transition from single-family housing to commercial
use.
i
- 7 -
i
7. This project would provide concentrated housing within walking t
distance of mass transit.
4
In addition to the Public Benefit there is a PUBLIC NEED for a
E
change allowing for a Duplex Planned Development.
1 . There is a need for additional housing in the Tigard area.
Vacancy surveys by P. G. E. show low vacancies for housing units
currently existing in the Tigard area . i
(i
Z. Next to single-family lots , duplex lots are in greatest demand
i
for development. Very few duplex lots are on the market in the G
metropolitan area. Those lots which go on the market are sold
i
almost immediately.
3. A duplex provides a feasible market for the homedweiler w,.o
wishes to have income producing property in conjunction with his
dwelling unit. This additional income is often enough to allow
an individual to be able to '
purchase a residence he would not
normally be able to afford. Duplex ownership is the most inexpen—
sive home ownership available in the market place today.
i
t
4. A survey of the available offices in the Tigard area (see
attached) show that there are more offices available than tenants `
to occupy them. This survey shows that this over availability i
Will exist for the foreseeable future . The designated Commercial
Professional sites along Pacific highway would be the first selected
if other sites were needed.
- 8 - '
Are there potential areas in this vacinity which are more suitable
for this change to Suburban Re .idential ?
6°
Several Commercial -Professional sites are available in this N.P.O.
#3 area. Any of these sites are better suited for Commercial-
Professional use , due to their proximity to the highway system.
This site has no access and it would not have the visual prominence
of highway frontage sites. ``
OWNERSHIP; All of the lots will be developed by Ted Millar who
will construct the duplex units . It is expected that the units
will not remain under one ownership after construction has been
completed.
There will be a Homeowner' s Agreement drawn-up for each buyer
stipulating certain requirements for home upkeep,'maintenance,
parking of recreational vehicles , etc. which will be controlled
by a Homeowner' s group. This is intended as a vehicle to control
the overall appearance of the community.
4
COMfIERCIAL SITES (PHASE II )
r
There is no anticipated change in the designated use of the l
commercial sites . Until potential users are found these sites
will remain undeveloped. Since these properties are on an option
basis it is conceivable that no users will be found before the
i
options are terminated.
The State Highway Department will require an access point at the It
proposed traffic light on S . W. McDonald Street if these properties
are to develop as one planned development however.
Time Table of Development: Development of the Duplex Planned
Development will begin as soon as all approvals are granted.
Commercial Development will not begin until potential users are
found. (No uses have been designated for the commercial areas as
yet. )
i
J.
The signaling on S . !J. McDonald Street and Pacific Highway is to
,be bid in May 1978 with an additional 200 days required for instal-
lation of the traffic light system. Coordination cf the additional
access point at this intersection is planned with the State Highway f
t
Department. Access onto Pacific Highway may be limited until the
signaling system is operational according to the State Highway
z
Department. This may -effect the full development of the commercial `
site dt this time.
a
It is the intention of the Owner to provide a 6' -0" high, sight-
obscuring wood fence between the duplexes and the existing single-
family housing alone the Northerly boundaries . '
a
Respectfully submitted,
THE VAN LOM/KRAXBERGER PARTNERSHIP A. I .A.
1 �
- E
Joseph M. Van Lom, A. I .A.
Architect
November 7, 1977 —
- II
- OFFIC:E AVAILABILIT) aTUDY
4P
The planned development contemplates reducing the area designated for professional/
cotmarcial offices. This change is based partially on an apparent need for additional
multi-family development, but primarily on the alreaey available professional/commercial
office space. An additional influence is the desi. iation of more desirable areas.
The subject property is the only such designated use parcel in this Nt'O,or the two
contiguous to it, that does not have highway or major arterial frontage or access.
In fact, this parcel has no frontage on any street. Almost all other existing sites
are closer to the city and offer frontage on Pacific Itihway. This makes them
considerably more desirable.
The office space market within the Tigard area, as well as the arf2a that will exert .
competitive influence on the Tigard market shcras a substantial auount of available
space and more being built. "Spec" office spaces have not acquired tenants quickly,
and rental rates are depressed due to long fill-up periods. Information received
in interviews from owners, builders and realtors is provided as follows:
FROPFAUY LOCATION S17E OCCUPANCY RATE & CMM
Hazelfem Plaza 1w-ike Oswego Fxit 12,200 S.F. OZ-Building completed :in May.
1-5 '77 and has been on market
at least 8 months.
- Pfaffle Road 8,800 S.F. 387.o-Owner and tenant have leased
& Pacific Itaj. approximately 3,300 S.F. 5,500
! t
S.F.?a,mvailahle
lii,iJQS.F. 507lti-Sto-r Buil
d ngn_,.LL Plaza West Lei av ,fs. Hall,
'
Streets, Beaverton constructed in 1975; on r1f
et
since 1974. Very slow tll.
Greermood Carden 10550 S.W. Allen, 50,000 S.F. 857.-Building was completed fall
Beaverton 1974, and has never filled.
Refraining space has never leased..,
Koll Offices 8249 S.W, Cirrus 57,000 S.F. 96% Has taken over three years
Dr. , Beaverton to fill. (Xi-ner's agent states
no interest whatsoever in add tim
office developmwt due to poor
and saturated market,
11825 S.W. Green- 11,000 S.F. 637;-Oo-mer occupies 187. of the
burp Rd. , Tigard leased area. Over 4,000 S.F.
is available, which has never _
been rented. Building built
+. circa 1975.
- 8845 S.W. Center, 10,000 S.F. 8976-This space has been available
Tigard almost a year since the previous
tenant moved.
Lincolnwood 72nd F� Hwy. 21_7. 78,000 S.F. 90.RrThe available area has
Tigard not had a tenant in the 3 years
of the building life. Has beest
very slow to fill.
Paa�pe 1
9/7/77
r .
PROPERTY IMOA SIZE "UPAt�1CC� ATE & Glfii�tt'�
Triangle Park Farmer's Ins. Land Only 0%Farmer's has been looking for
Center "build to suit" or ground lease
tenants for at least 1 year, .
Alrinst 1.3 acres are available
for development,
Lincoln S. & L Greenb_rg Road, Up to
adjacent to Mash- 80,000 S.F. 0%/-Demolition and site improve
ington Square rent underway. Constnmtian to
start in approximately 90 days.
Lincoln will occupy one-half
Of building. Balance mill be
leased to others. 4-6 acres avail
able for additional development.
Village Square 12.750 S.W. Pacific 28,000 S.F. 50/o Limited success in last year
Hwy, Tigard at finding tenants. New otme�e
(i year ago) feels tyre office
area Lameeded in vicinity,
Benjamin Franklin 9370 S.W. Greenburg 27,000 S.F. 0%A mixture of o colonial styled
1 and 2 story structures. C,onstruc
tion to start immediately. Ccnple
tion projected Fall 1978. Al=st
total spec, space branch may take
up to 2,500 S.F.
The foregoing samples total almost 150,000 square feet of potential competitive space in
a market wzr_h a lea absorption rate. Other spaces rrmst certainly exist not uncovered by
this report. Itch of the available space has been on the market for long periods. Some
in excess of three years, and more is being built. The market factors, coined with
Y
uac mac n vz iur Lucy and accessibilii=y in cmparison to Ottier areas ¢Lake the subject pYDperry
considerably less desirable than virtually all of the competition. .
A certain need for the professional commercial land designation exists in the proposed
planned development, however, clue to factors uncovered by this study, the present area is
far too large. The reduced area can accommodate smaller users needing "free-standing"
or "law-key" identity quarters. It_ will lend itself to such a concept, without adding
large amunts of area to the present supply.
Page 2
917/77
R.As r Q 1308 SW Bertha Blvd
engineering Portland503/246-4293
consulting engineers
FILE: 312.0
September 7, 1977
Mr. Joe Van Lom
The Van Lam-Kraxberger Partnership
4455 S. W. Scholls Ferry Road
Portland, Oregon 97225
Dear Joe:
Report on Drainage Investigation
Garden Park Place
At your request, we have conducted a brief field investiga
tion and review of the drainage conditions affecting the proposed
Garden Park Place development in Tigard. The following is a
summary of our findings.
General Sitc Description
The site is comprised of about 12 acres of proposed com-
mercial and multiple-family land uses, located north of S. W.
Gaarde Street and west of Pacific Highway. A portion of the
site is partially developed, with existing structures fronting
along S. W. Gaarde Street and Pacific Highway. The remainder
of the site is covered by grass, blackberry bushes, and scatter-
ed trees. The property slopes to the northwest on an average
grade of about 5.0 percent.
Existing Drainage Conditions
By and large, the only runoff affecting the subject property
originates on site. Runoff from the east is intercepted by
Pacific Highway and runs northerly and northeasterly away from
the site, while runoff from the south flows westerly along S. W.
Gaarde Street. Existing on-site drainage flows northwesterly
across the property, where it is collected in a well-defined
swale. The swale originates on site and carries runoff to a
point near the intersection of S. W. 110th Avenue and S. W.
r
R.A.Wr( _ght rngineer-ing
Mr. Joe Van Lom - 2 - September 7, 1977
Fairhaven Way. After crossing S. W. 110th Avenue and adjoining
single-family lots to the west in a 12-inch diameter culvert,
the drainage is intercepted by an unnamed stream that flows
northeasterly into Fanno Creek.
Both the drainage swale and culvert appear to need main-
tenance to properly carry the natural runoff from upstream
properties. A portion of the swale has been completely covered
by scrap lumber and other building materials, while the outlet
of the culvert appears to be overgrown with weeds or shrubs.
Proposed On-Site Drainage rovements
By making use of the natural slope of the property, on-site
drainage can be collected in a system of catch basins and small-
diameter culverts. The storm drainage collection system should
terminate along the westerly property line at its point of inter-
section with the natural drainage swale.
Increased Stormwater Runoff
At present, stormwater runoff from this site is estimated
to be 8.0 cfs (cubic feet per second) during occurrence of a .-
25-year storm. With the addition of new roof tops, driveways,
and other paved surfaces, the stormwater runoff is estimated to
be 18.5 cfs. during a 25-year storm and 21. 0 cfs during a 50-year
storm.
Given the fact that the proposed development results in
increased stormwater runoff, some provisions must be made to
assure that the downstream properties are not adversely affected.
In general, there are two ways to provide for the increased run-
off: First, the drainage swale and downstream culverts can be
improved or enlarged to carry the increased runoff; or second,
the increased runoff can be provided for by an on-site stormwater
detention facility.
A detention facility, if used, would be sized to hold the
increased runoff, with the rate of discharge limited to approxi-
mately 8.0 cfs. Should a detention facility not be used, down-
stream improvements should provide for an added runoff of at
least 10.5 cfs. The use of a detention facility versus the
downstream improvements should be based on overall economic and
maintenance considerations.
Sincerely,
David W. Bryan, P.E.
DWB:ska
• EXKiui
THE
VAN LOM
r KRAXBERGER 1P
PARTNERSHIP
ARCHITECTS
PLANNERS A.
Raleigh Hills professional Bldg.
O December 14, 1977 4455 S.W.Scholls Ferry Road
Portland,Oregon 97225
' (503)292-8895 . �z
Ci ty.:of Tigard ,} .
Building Department
12420 S. !J. Main
Tigard, Oregon 97223 '
Re: Zone Change #27-77 a
Garden Park Place
Amended Report of November 7, 1977
Mr. Teel Millar, applicant for the proposed duplex subdivision ,
has agreed that he will maintain the 13,500 sq. ft. park in r`
private ownership. This park along with the streets betwean :
lots 5 & 10, 11 & 16, and 18 thru 24 will be private. Respon-
sibility for ownership and maintenance will rest with the home-
owners of this subdivision and not with the City of Tigard.
Note that in Area "D" this proposal does not completely comply
with item #8 which states that the site plan be "common wall
housing on separate lots to encourage single-family ownership" .
Lots 36 and 37, because of their configuration, cannot be 1
divided into two portions. Lot 37 is cone shaped and division
into :parts on this lot- would render it unbuildable. Lot 36 i'
y is a 87' wide by 116' , deep lot, a-20' setback along -the west
property line and the narrowness of this lot also make - lot 16
impractical to divide All other lots in Area "D" comply with �
; .
this ;;requirement. I
Lot #4 has been provided a 20' wide access to the proposed sub
division street. Lot #4 supports an existing house which may
be left on this lot.
All other conditionsoutlinedin the November 23rd, City of '
Tigard letter to Mr. Millar will be complied with according to
Mr. Millar.
i
Your very truly, _e
_ THE AN LOM/KRAX ERGER P/XRTNERSHIP A. I .A.
is
ph Van Lom, A. I .A. Architect JVL lvl
4
t _
s
EXHIBIT B
. 1
9
THE b
VAN LOM
KRAXBERGER PF
PARTNERSHIP
ARCHITECTS
PLANNERS A.I.A.
f December 29, 1977
Raleigh Hills .Professional Bldg.
4455 S.W.Scholls Ferry Road
Portland,Oregon 97225
(503)292-8895
Mr. John
Laws
City ..of Tigard
12420 S. 14. Main
Tigard, Oregon 97223
4
Re: Garden Park Place; Duplex P. D. ( Zone Change 27-77)
Amended Report of November 7, 1977
Please note that the data submitted for the final submittal
on the duplex P. D. for Ted Millar did not make reference to
the right-of-way width of the access street for lots 18 through
31 in area "D" of your proposal . The right-of-way width of
this street will be 30' which is identical to the streets in
Sections "B" and "C". Zoning Code Section 18. 64.020 makes
reference to the. minimum residential street width for six lots
and above as being 50' .
This- deviation is intended to provide a more residential appear-
ance to the entire duplex development. The fire and
life-safety departments have reviewed this proposal , which is similar
in concept .to those appearing in other parts of the country, and
- feel it is adequate for servicing. It is felt that the traffic
generated by the units in this location can be easily serviced
by the 30' street right-of-way.
One of the intents. of the P.D. District is to "achieve econo-
mics in land development and street systems" . . -which this
planning concept is .attempting to address itself to. The
reduced width of the street should have no adverse effect on
the neighborhood.
The main access into the duplex complex is by a 34' wide paved
collector street within a 50' -0" right-of-way. This street is
intended to have curbs but not sidewalks . The area ordinarily
used for sidewalks will be planted. Foot traffic as well as
bicycle traffic will be handled on the 6' -0" paved pathway
included along one side of the street. This pathway will meander
within bermed and planted areas along the 10' -0" pathway right-
of-way.
y
Mr. John Laws
City of Tigard
December 29, 1977
Page '2 4
Note also that setback along the perimeter of this development
and along the interior collector street is to be- 20'-0"
throughout. Setbacks on*-individual lots , however, will be 10'0" "±
between property lines except as noted above and in .area "D"
where 'zero' - lot lines are intended between pairs of lots 'to < `
provide for the possibility of individual ownership of each unit
within a duplex.
Yours very truly,
THE AN LOM/KRAXBERGE PARTNERSHIP A. I .A.
Jo eph M. Van Lom, . I .A.
Arc ect
JVL lvl
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,Tk
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December 12, 19. . Typed for Single Space
JPK:mo4
ExHIBI1 B
DECLARATION OF RESTRICTIONS
OF
(The following Declaration of Restrictions is' applicable
to the property described' in* Exhibit "A.")
THIS DECLARATION, made this . .day of ,
1578, by ,. an Oregon
corporation, hereinafter called Declarant,
W I T N E S S E T H
WHEREAS, Declarant is the owner of certain real property
described in Exhibit "A," and
WHEREAS, Declarant desires to subject such property to
the conditions, restrictions and charges for the benefit of
such property and its present and subsequent owners as herein-
after specified; and
WHEREAS, the power to enforce certain of -such conditions,
restrictions, reservations and charges is to reside in
Homeowners Association, a non-
profit corporation organized under the laws of the State of
Oregon,
Page" 1. Declaration of Restrictions
1
l
NOW, THEREFORE, Declarant hereby declares that all the
properties described above shall be held, sold and.conveyed
subject to the following easements, covenants, restrictions
and charges. Such easements, covenants, restrictions and .
charges (hereinafter sometimes referred to as "covenants
and restrictions") shall run with such property and shall
be binding on all parties having or acquiring any right,
title or interest in such property or any part thereof, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or
9--.-�+ 4-1,e context shall pro-
any supplemental declaration, 'unless th
hibit, shall have the following meanings:
A. "Association" shall mean
Homeowners Association, its successors and assigns.
B. "Block" shall mean any plat of land designated
by the 'term "block" on any recorded subdivision plat of The
Properties. .
Page 2. Declaration of Restrict:,ons
• C. "The Properties" shall mean all the property
hereinabove described and additions thereto subject to this
Declaration.
D. "Common Properties" shall mean those areas
of land shown or declared as such in any recorded subdivision
Plat of The Properties and intended to be devoted to the com-
mon use and enjoyment of the owners of The Properties. ..
E. "Lot" shall mean any numbered plot of land
shown upon any recorded subdivision plat of The Properties
which is not designated as Common Properties•or as a Block.
F• ;"Building Site" shall mean a Lot or a parcel
consisting of a Portion of any Lot or contiguous portions
of any two or more- contiguous Lots; or, -in the case of a
Hero Lot Line Structure, the term shall mean two contiguous
Lots on which one structure can be constructed.
G. "Living Unit" shall mean any structure or
Portion of a structure situated upon The Properties designed
and intended for use, occupancy and ownership as a residence
by a single family.
Page 3. Declaration of Restrictions
H. "Leased Living Unite" shall mean an apartment
consisting of one or more rooms intended for use and occu-
pancy by a tenant of the Owner.
I. "Member" shall mean every person or entity
who holds membership in the Association.
J. "Owner" shall mean. the record owner, whether
one or more persons or entities, of fee- simple title to any
Building Site or Li-�ring.Unit situated upon The Properties,
but shall not mean a mortgagee or contract vendor who holds
fee title for the purpose of security.
K. "Street" means any highway or other thorough- -
fare as shown on the recorded plat of The Properties.
L. "Set back" means the minimum distance between
a structure and a lot Line.
M. "Street Frontage" means that portion of a Lot
or Building Site which borders on a Street.
N. "Zero Lot Line Structure" means. a structure,
containing two Living Units, which has been built upon one E
l
Building Site, which Building Site is platted into ,two Lots
Page 4 Declaration of Restrictions
t t
and is legally capable of bring divided into separate owner-
ship along the party wall of the adjoining Living Units.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
IS
Section 1. Membership, Members of the Association shall
be every Owner of a fee or undivided fee interest in any j
Building Site or Living Unit subject by covenants of record
to assessment by the Association and every person who holds a
contract purchaser's interest of record in a Building Site or
Living Unit. There shall be no other qualification for member-
ship except as set forth above. Membership shall terminate on
transfer of fee simple title by an Owner or the contract pur-
chaser's interest by a contract purchaser who qualifies as a :
member. If an Owner sells a Building 'Site or Living Unit by
a contract of sale, upon recordation thereof, the Owner's
membership shall terminate and the contract purchaser's member-
ship shall commence.
Section 2. Toting Rights. There shall be two classes
of voting membership:
Page 5. Declaration of Restrictirins
A. -Class A members will be all those members other
than the Declarant. Class A members' will be entitled to one
vote for each Building Site or Living Unit -in which they hold
the interest required for membership by Section 1_ If more
than one person holds such interest or interests, all such
persons shall be members, but the vote for such Building Site
or• Living. Un:i.t shall be exercised as the persons holding such
interest shall determine between themselves, provided that in
no event shall more than one vote be cast with respect to any
such Building Site or Living. Unit. No Class A member shall
have more than four votes regardless of the number of Building
Sites or Living Units owned. In the event a Building Site
has more than one Living Unit built upon it, such Building
Site shall have but one membership and vote in the Association
unless. and until the Living Units are lawfully sold to separate
owners (i.e. , Zero Lot Line Structures) . Class A members
shall be entatll-d to elect four filet\be--s- of the board of
directors of the Association so long as there is Class B
membership.
B. The Class B member shall be the Declarant.
The Class B member shall be entitled to elect two members
of the board of directors of the Association. Class B
membership may be converted to Class A membership at'..the
z
option of the Class B member evidenced by written notice to
t
f
Page 6. Declaration of Restrictions
t
E
y
the secretary of the Association,'Rand shall be converted to '
Class A membership without further act or deed on December 31,'
1988.
ARTICLE III
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of Enjoyment. Subject.to
the provisions of Section 3 of this Article 'every member shall
have a right of easement and enjoyment in and to the Common
Properties, and such easement shall be appurtenant to and
shall pass with.. the title to every Lot or Living Unit and
upon the recordation of a contract of sale of any Lot or
Living Unit.
Section 2. Title -to Common Properties. The Declarant
may retain legal title to the Common Properties until such
time as it has completed improvements thereon and until such
time as in its opinion the Association is able to maintain
the same. Notwithstanding the foregoing, the, Declarant shall
convey the Common Properties to the Association free and clear
of all'.liens and encumbrances (other than zoning and building
restric�ions of record, this declaration of restrictions,
Page 7. Declaration of Restrictions
utility easements, and assessment'-powers of public agencies) ,
not later than The Declarant,
i
if directed by the Association pursuant to the same vote of
membership as required for dedication of.:the Common -Properties,,
may convey the Common Properties to a municipal corporation,
public agency or authority rather than convey such Common
Properties to the Association.
1
Section 3. Extent 'of Members' Easements. The rights
and easements of enjoyment created hereby shall be subject
to the following:
A. The right of the Association to limit the num-
ber of guests of. members.
B. The right of the Association to charge reason-
able admission and other fees for the use of any recreational
facility situated on the Common Properties.
I
C. The right of the Association to suspend the
enjoyment rights of any member for any period during which
any assessment remains unpaid and for any period not to
exceed thirty '(30) days for any infraction of its published
rules and regulations; and
Page 8. Declaration of Bestricti-ons
D. The right of the Declarant and the Association
in accordance with its Articles and Bylaws to mortgage said
property as security for any loan, the purpose of which is
improvement of the Common Properties. In the event of a
default upon any such mortgage, the lender's rights hereunder
shall be limited to a right after taking possession of such
properties to charge admission and other fees as a condi-
tion of continued enjoyment by the members, and, if necessary, a
to open the enjoyment of such property to a wider public until
the mortgage debt is satisfied, whereupon the possession of
such property shall be returned to the Association and all
rights of the members hereunder shall be fully restored; and
E. The right of the Association to dedicate or
transfer all or any part of the Common Properties to any
municipal corporation, public agency or authority for such
uses and purposes and subject to such conditions as may be
agreed to by the members. No such dedication or transfer, '
however, shall be effective except pursuant to a vote of
the members as provided by the Articles of Incorporation.
Section 4. Delegation of Use. Any member may delegate
in accordance with the bylaws his right of enjoyment to the
Common Properties to the members of his family and his tenants.
e,
Page 9. Declaration of Restrictions
t t_
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENT
Section 1. Creation 'of the Lien and Personal 'Obligation
of Assessment. Declarant for each Lot and Living Unit owned
by' it within The Properties hereby covenants, and each Owner
of any Building Site or Living Unit by acceptance of the
deed therefor, whether or not it shall be so expressed in
any such deed or other conveyance, shall be deemed to
covenant and agree to pay to the Association annual assess-
ments and special assessments for capital improvements and
repairs and maintenance. Such assessments shall be fixed,
established and collected from time to time as hereinafter
provided. The annual and special assessments, together with
such interest thereon and costs of collection thereof as
hereinafter provided shall be a continuing lien upon the
property against which each such assessment is made from the
date hereinafter set forth. Each such assessment, together
with such interest thereon and costs of collection thereof
as hereinafter provided, shall also be a personal obligation
of the person who is the Owner of such property at the time
when the assessment fell due. Such personal obligation
shall not pass to his successors in title unless expressly
assumed by them.
Page 10. Declaration of Restrictions
l �
Section 2. Purpose of Assessments. The assessments
levied by the Association shall be used exclusively for the
purpose of promoting the recreation, health, safety,' enjoy-
ment and welfare of the residents in The Properties and in
particular for the improvement and maintenance of property,
services and facilities devoted to the purpose and .rblated
to the use and enjoyment of the Common Properties and of E
the homes situated upon The Properties. Without limiting
the generality of the foregoing, assessments may be used
to lease facilities for the use of residents in The
Properties.
g
Section 3. Basis of Annual Assessment. Unless changed
by vote of the membership as hereinafter provided, the
maximum annual assessment for each Living Unit actually
existing shall be per year. Building Sites on
which no Living Units have been constructed shall be .
counted as one Living Unit for the purpose of assessment.
The board of directors of the Association may, after
consideration of the current maintenance costs and the
financial requirements of the Association, fix the annual
actual assessment at an amount less than the maximum. In
such event the amount of such assessment shall be the basis
upon which lesser assessment ratios as heretofore set forth
Page ll. Declaration of Restrictions
• shall be determined. Although assessment amounts may be
changed as herein provided, assessment ratios for- Living
Units and structures determined by the board of directors
pursuant to this section shall not be changed. .
Upon the vote of the membership as hereinafter provided,
the Asso._ation may change the maximum annual assessment
fixed by this Section prospectively.
Section 4. . 'Special Assessments for Capital Improvements.
Upon vote of the members of the Association in the manner
hereinafter set forth, the Association may levy in addition
to annual assessments a special assessment in any calendar
year applicable. to that year only, for the purpose of defray-
ing in whole or in part the cost of construction or reconstruc-
tion or expected repair or replacement of a described capital
improvement upon the Common Properties including necessary
fixtures and personal property related thereto. The assess-
ment ratio for any Living Unit or structure as determined MMMM
pursuant to Section 3 shall be applicable to special assess-
ments.
Section 5. 'Voting and Notices for Special Assessment
and Change of Maximum Assessment. Any special assessment
or change in maximum annual assessment must have the assent
Page 12. Declaration of Restrictions
• of two-thirds of the votes of each class of members who are
voting in person or by proxy at a meeting duly called for
that purpose, written notice of which shall be sent -to all
members at least thirty (30) days in advance of the date of
such meeting, setting forth the purpose of the meeting.
Section 6. Date of Commencement of Annual Assessment.
The initial annual assessments shall commence on the first
day of such month as determined by the board of directors
of the Association, shall be made for the balance of the
calendar year and shall be due and payable on the date
fixed by the board. Annual assessments for any year after
the first year shall become due and payable on March 1 of
such year.
The amount of the initial annual assessment for the
first year in which assessments are made or for any property
which becomes subject to assessment for the first time shall
be prorated on a calendar year basis according to the date
of the first assessment or the date.on which property first
became subject to assessment.
The due date of any special assessment shall be fixed
V4
in the resolution authorizing such assessment.
Page 13. Declaration of Restrict-ions
t ,
f
Section 7. Duty of the Board of Directors. The board
of directors shall fix the amount of the annual assessment
against each Building Site or Living Unit and give the Owner
subject thereto written notice of such assessment at least
thirty (30) days in advance of the due date of such assess-
ment. The .board shall cause to be prepared a roster of the
properties subject to assessments with assessments applicable
to each such property and shall keep such roster in the
Association office subject to inspection by any Owner.
The Association shall upon demand at any time furnish
to any Owner liable for an assessment a certificate in
writing setting forth whether the assessments on the prop-
erty owned by such Owner have been paid.
Section 8. The Effect of Non-Payment of Assessments;
Lien of As-,ne-i.a-inn, if an assessment is riot paid on the
due date hereinabove set forth, such assessment shall become,
delinquent and shall bear interest at the rate of 10% per
annum from such due date. The secretary of the Association
shall file in the office of the county clerk in which the
property is located within ninety (90) days after such
delinquency, a statement of the amount of the delinquent
assessments together with interest, and upon payment in full
thereof shall execute and file a proper release of such lien.
Page 14. Declaration of Restrictions
Such assessment with interest setyforth above shall consti-
tute a lien on such Building Site or Living Unit from the
date of filing notice of delinquency until the lien ,is re-
leased as herein provided. The association may bring an
action at law to enforce payment of a delinquent assessment
against the Owner personally obligated to pay the same and
may enforce such lien in the manner provided by law with
respect to a lien on real property.
In the event a judgment or decree is obtained in favor
of the Association, the Owner shall be liable for the
Association's court costs and disbursements and a reasonable
attorney's fee to be fixed by the Court, such costs, disburse-
ments and attorney fees to be further secured by such lien.
No Owner may waive or otherwise escape Liability for assess-
ments by non-use of the- Common Properties or abandonment of
his Building Site or Living Unit.
Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to the lien of any mortgage or deed of trust.
Sale or transfer of any Building Site or Living Unit shall
not affect the assessment lien. However, the sale or trans-
fer of any Building Site or Living Unit which is subject ,:o
any mortgage or deed of trust, pursuant to a decree of
Page 15 Declaration of Restrictions
foreclosure under such mortgage or any proceeding in lieu
of foreclosure thereof including sale under a deed of trust,
shall extinguish any lien of an assessment.which became a
lien prior to such sale or transfer. Such sale or transfer
shall not release such Building Site or Living Unit from
liability from any assessments thereafter becoming due ur
from the lien thereof.
Section 10. Exempt Propert�r. The following property
subject to this Declaration shall be exempted from the
i
assessments, charges and liens created herein;
A. All properties to the extent of any easement
or other interest therein dedicated and accepted by a j
i
municipal corporation or other local public authority and
devoted to public use.
B. All Common Properties.
i
ARTICLE V
i
i
RESTRICTIONS ON USE OF PROPERTY BY OCCUPANTS
Section 1. Use Restrictions. The following restrictions
Page 16. Declaration of Restrict-ions
shall be applicable to the .use 'ofgany property subject to
this Declaration:
A. No Building Site .on The Properties shall be
used for any purpose other than residential purposes unless
otherwise shown on the official recorded plat.
B. No animals or fowls shall be raised, kept
or. permitted upon The Properties or any part thereof,
excepting only domestic dogs or cats and excepting caged
pet birds kept within the dwelling house, provided said
dogs, cats and pet birds are not permitted to run at large
and are not kept, bred or raised for commercial purposes
or in unreasonable numbers.
C. No part of The Properties shall be used for
the purpose of exploring for, taking therefrom, or producing
therefrom, gas, oil, or other hydrocarbon substances.
D. No noxious or offensive activity shall be
carried on upon The Properties or any part thereof, nor
shall anything be done or maintained thereon which may be
or become an annoyance or nuisance to the neighborhood or
detract from its value.
Page 17. Declaration of Restrictions
E. it shall be the "du-y of the Owner or occupant
of any Building site to improve and 'maintain in proper condi-
tion the area between the property line of .said Building Site
and the nearest curb or improved street, including installing
and maintaining parking bays within said area, and no trucks,
campers, trailers; or boats shall be parked or permitted to
remain in said area.
F. No Owner or occupant shall remove or signifi-
cantly alter any tree in any street, right-of-way, park, or
recreational area or other part of the Common Properties un-
less permission in writing is first granted by the Association.
G. No Lot shall be used or..maintained as a dumping
ground for rubbish, garbage or trash. Garbage and other waste
shall be kept in sanitary containers, and such containers
shall be located as to be out of view from the nearest
adjacent street. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a
clean and sanitary condition, and comply-with all local,
state or federal requirements.
,z
Page 18Declaration of Restrictions
ARTICLE VI
RESTRICTIONS ON TYPE OF 'STRUCTURE PERMITTED.
Section 1. ' Restrictions on Structures. In addition
to the requirements imposed by any municipal corporation having
jurisdiction over The Properties, the following restrictions
apply to structures, improvements and personal property. on
The Properties.
A. Except with the approval of the Association,
no building shall be erected or maintained on any Building
Site except one single-family dwelling or duplex. Such
buildings shall be not less than stories in height
including the main floor level. Each Living Unit shall have
off-street parking for at least one automobile; any garages
shall conform generally in architectural design and exterior
materials and finish to the Living Unit to which it is
appurtenant. No outhouse of any kind, tent, shed or trailer,
or any other temporary dwelling shall be erected or main-
tained on any Building Site or be used for living purposes,
nor shall any garage be used for dwelling purposes. Garden
sheds or tool sheds may be erected with the approval of the
Association.
Page 19. Declaration of Restrictions `
B. No trailer, camper %or pickup coach, tent,
boat or truck (except pickup) shall be parked, placed, erected,
maintained or constructed on any Building Site for any purpose.
However, trailers, campers, pickup coaches, tents or boats
which can be and are stored so as not to be visible from any
street and are not used for living purposes will not be in
violation of these restrictions.
C. No building shall be in any manner occupied
while in the course of original construction. The construe-
tion of any building or structure shall be prosecuted with
reasonable diligence continuously from the time of commence-
ment until fully completed. No buildings constructed else-
where shall be moved to or placed on The Properties except
with the written approval of the Association.
D. No boat, automobile, truck, trailer or recrea-
tional vehicle shall be built, rebuilt, torn down, or re-
paired except within full enclosed structures.
Page 20. Declaration do Restrictions
ARTICLE VII -
RESTRICTIONS REGARDING CONSTRUCTION AND MAINTENANCE
• i
Section 1. ' Restrictions on Construction, Maintenance
and Improvement. The following restrictions are applicable
to construction, maintenance and improvements on The Properties:
'
A. No building, fence, hedge, wall or other
structure shall be commenced, erected or maintained upon
The Properties, nor shall any exterior addition to or change
or alteration therein be made until the plans and specifica-
tions showing the nature, kind, shape, height, color,
materials, and location of the same shall have been submitted
to and approved in writing by the Design Review Board of the
Cit of i flat-
roofed Tigard.. No flat roofed buildings (except garages)
shall be allowed.
B. A single—fami ly detached dwelling o
h
i lise Of
one story in height above the main floor level shall have
a minimum ground floor area of 950 square feet, and a one
and one-half story or two story dwelling house shall have a
minimum ground floor area of 800 square feet (all exclusive
of porches, patios, basements and garages) . Single story
duplexes shall have a minimum ground floor area or 800 square
feet per Living Unit and one and one-half story or two story
duplexes shall have a minimum ground floor area of 600 square
feet, (all exclusive of porches, patios, basements and garages) .
Page 21. Declaration of Restrictions
r
C. ll. buildings, including g -age:, erected on
The Properties, shall have a minimum setback from the front
street of feet and a setback of not less than
feet from each side and rear line of the Building Site on
which it is located. Corner Lots shall have a .setback line
of feet from any side. street. In the case of Zero
Lot Line Structures, the side yard setback shall not be re-
quired for the suede on which the party wall is constructed;
provided, however, .that such Zero Lot Line Structure shall
be designed and built with a party wall in which there are
no doors or windows or other openings (other than access
panels for wiring and plumbing) above the basement level,
and such party wall shall be placed upon the common property
line of the two Lots comprising the Building Site. In
determining setback, all projections from the structure,
except eaves or, uncovered porches or steps, shall be included.
D. All roofing material shall be composition, tile,
or natural shake or shingle in colors compatible with the
general scheme of the development. No rock, tar paper, gravel
or similar materials shall be allowed for the external layer
i
of the roof.
I
E. All driveways and parking bays shall be
constructed of asphalt paving or better.
i
F. The location, color, size, design, lettering
and other particulars of mail or paper delivery boxes shall
be subject to approval by the Association.
Page 22. Declaration of Restrictions
E
6
G. No sign another advertising device of any
character shall be erected on any Lot or Building Site or
maintained upon any part of The Properties except one sign
not larger than 18" by 24" advertising the Lot or Building
Site for sale or for rent by the Builder of the improvements
on such property or the Owner,
H. All outside television and radio aerials and
antennas are prohibited without express written approval of
r
the Association.
I. No outdoor overhead wire or service drop for
the distribution of electric energy or for telecommunication
purposes nor any pole, tower or other structure supporting ;;
said outdoor overhead wires shall be erected, placed, or
maintained within The Properties. All purchasers of Lots
within The Properties, their heirs, successors, and assigns
shall use underground service wires to connect their
premises and the structures built thereon to the under-
ground electric or telephone utility facilities.
Section 2. Right of Entry of Association Representative.
Any agent or officer of the Association may at any reasonable
hour. or hours during construction or remodeling, enter and
inspect any of said property as to its maintenance-or, improve-
Page 23. Declaration of Restrictions
l �
• ments. to determine if there has been compliance with the
provisions hereof. The Association, and any agent;, or officer
thereof, shall not thereby be deemed guilty of any manner of
trespass for such entry or inspection. The Association may
issue a certificate of completion and compliance as to any
property so inspected.
Section 3. ' Evidence of Compliance with Restrictions.
Records of the Association with respect to compliance with
the provisions of-.-this Declaration shall be conclusive evi-
dence as to all matters shown by such records. Issuance of
a certificate of completion and complianceby the Secretary
of an Assistant Secretary of the Association showing that
the plans and specifications for the improvements or other
matters herein provided for have been approved and that such
improvements have been made in accordance therewith, or a
cettificate as to any matters relating to this Declaration
by the Secretary or an Assistant Secretary of the Association
shall be conclusive evidence that shall justify and protect
any title company insuring title to any property subject to
this Declaration and shall fully protect any purchaser or
encumbrancer in connection therewith. After the expiration
of one year following the issuance of a building permit there-
for by municipal or other governmental authority, any struc-
ture, work, improvement or alteration shall be deemed to be
Page 24. Declaration of Restrictions
1
. in compliance with the p
rovisionsthereo£ unless a notice
Bance executed by the Association shall have
i
of non-camp
been recorded. in the office of the County Clerk in which
is located, or unless legal Proceedings shall
the property
completion.
have been instituted to enforce compliance or
-Pending
formal organization of the Association, the
issue certificates of completion and compliance.
Declarant may ,
F
t
e
'ARTICLE VIII
e
RESERVATION OF EASEMENTS
Declarant rereby. grants
to Washington County and the
and also reserves to itself, its
City ofover
successors and assigns, perpetual easements under,
and across all Common Properties and under, over and across
strips of land seven and one-half feet in width running
each
along and interior to the side lines and rear lines
of of erecting,
Building Site and each Block for the purpose
and operating sewers and drainage
constructing, maintaining P
systems, and poles, pipes,es, wires, cables, guys, anchors and con-
' telephone and any other method
duits for lighting, heating, Power, P
of conducting and performing any public or quasi-public utility
service or function beneath, upon, or above the suzface of
Page 25• Declaration of. Restrictions
such Common Properties and seven and one-halt foot strips of
l
f
land. Declarant reserves the right to cut and/or trim
any tree or other growth on such Common Properties and such
seven and one-half foot strips which may interfere with or
menace the construction, maintenance or operation of such
utilities.
on all Common Properties shown as such on recorded t
plats and not lying between dotted lines within street t
boundaries and lot lines on recorded plats, the easement
G
herein granted to Washington County and the City of
shall be limited to a strip seven and one-half feet on
either side of the center line of each sewer or other
pipeline, conduit, cable or other utility instrumentality as
1
initially placed in, on or under such Common Properties. <+
. E
on all,Common Properties lying between dotted lines
within street boundaries and lot lines on recorded plats,
the easements herein granted to Washington County a.d the
City of shall include the rights to go upon
such Common Properties to maintain and repair improved
streets. ;
A
Page 26. D
eclaration of Restrictions
tF E
[R1a f
ARTICLE IX
p
MAINTENANCE OBLIGATIONS OF OWNER
Sectiori 1. Vacant Lots. it is the intent of these
restrictions that vacant lots be maintained in a reasonably
presentable condition. Therefore, the Association shall
have the right at all times to enter upon any Lot or Building
Site that is vacant and unplanted or untenanted. by the owner 8
after reasonable notice to the Owner., to remove debris, weeds
or .other waste material and to trim, cut back, rer:ove if
damaged or dead, cultivate and/or maintain hedges, trees,
shrubs, plants or lawns, and to charge the expense thereof
s
to the Owner as an assessment. The Association shall have
the same rights with respect to such assessment as set forth ;,
in Article as to annual and special assessments.
Section 2. Owner's Obligation to Maintain Planting.
p:
Where the Association has permitted an Owner to plan a por-
tion of the Common Properties abutting the Owner's property
in accordance with the Owner's landscaping design, the Owner
shall thenceforthbe obligated to maintain at his own expense
such planting. Failure of the Owner to maintain the land-
scaping of such portion of the Common Properties or parking
f
bays thereon shall give the Association aright upon reasonable f
Page 27. Declaration of Restrictions
t
notice the Cie.r to maintain such area' of Common
Properties and to charge the expense thereof to the Owner
as an assessment to be collected in the manner provided in
Article
Section 3. Reciprocal Maintenance Obligations of
of Owners of Zero Lot Line Structures. Where the Living
Units of Zero Lot Line Structures are in separate owner-
ship, the owners of such units, as between them, shall
make such agreements as they deem appropriate with respect
to maintenance, repairs, landscaping, insurance, noise
control and other matters of common concern, provided, how-
ever, that no such agreements shall supercede the provi-
sions of these restrictions nor shall failure to reach agree-
ment between the owners provide any excuse or defense for
noncompliance with these restrictions.
Section 4. ' Reasonable Notice. "Reasonable notice,"
as that term is used in this Article, shall mean mailing
by certified mail to the last known address of the Owner
shown on the books of the Association not less than fifteen
(1.5) days before entry on such Owner's property is made or
maintenance of such landscaping is undertaken pursuant to
Section 2. Any notice issued by the Association shall con-
tain a return address to which any response may be directed.
Page 28. Declaration of Restrictions
ARTICLE
ERECTION OF SIGNS OR SrxUC:•1URES BY DECLARAiNT
Nothing contained in this Declaration shall be construed
to prevent the erection or maintenance by Declarant or its
duly authorized agent of structures or signs for the conduct
of its business in connection with or upon The Properties
while the same or any part thereof is owned by Declarant.
"ARTICLE XI
GENERAL PROVISIONS
Section 1. Duration. Covenants and restrictions of
this Declaration shall run with and bind the land and shall
inure to the benefit of and be enforceable by the Association
or the Owner of any Building Site or Living Unit subject to
this Declaration, their respective legal representative,
heirs, successors and assigns for a term of twenty (20) years
from the date this Declaration is recorded. After such term
such covenants and restrictions shall be automatically
extended for successive periods of ten (10) years unless
an instrument signed by the then Owners of two-thirds of the
Page 29. Declaration of Restrictions
Building Sites and Living. Units has been recorded agreeing
to change said covenants and restrictions in whale or in
part. The covenants and restrictions of this Declaration
may be amended during the first twenty .(20) year period by
an instrument signed by not less than 75% of the Owners of
Building Sites or Living Units and thereafter by an instru-
ment signed by not less than 66-2/3% of such Owners. Any
amendment must be properly recorded.
Section 2. Notices. Unless otherwise provided herein,
any notice required to be sent to any member or Owner under
the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postpaid, to the last known
address of the person who appears as member or Owner on the
records of the Association at the time of such mailing.
Section 3. ' Enforcement. The Association or any Owner
I
shall have the right to enforce by any proceeding at lave or
in equity all restrictions, conditions, covenants, and
reservations imposed by the provisions of this Declaration
and a similar right shall exist with respect to recovery
of damages for any such violation. Failure of the Association
or of any owner to enforce any covenant or restrictions herein
contained shall in no event be deemed a waiver of the right !
to do so thereafter.
Page 30. Declaration of Restrictions
Section 4. Severability. Iil nvalidation of any one of
these covenants or restrictions by judgment or court decree
shall in no wise affect any other provisions which shall re-
main in full force and effect.
Section 5. Effect of Municipal Ordinances. Police,
fire and other public safety ordinances of any municipal
corporation having jurisdiction over any portion of The
Properties shall govern where more restrictive than these
covenants and restrictions.
IN WITNESS WHEREOF, the undersigned being the Declarant
herein has hereunto set its hand and seal as of the day and
year first hereinabove set forth.
Page 31. Declaration of Restrictions
STAFF REPORT
AGENDA 5:l
TIGARD PLANNING COMMISSION
January 3, 1978 R
Fowler Junior High School —Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 27-77
Request. Far a general plan and program review of a tvao phase
residential/commercial planned development on a 12.14
acre parcel and a zone map amendment from R-10, "Single
;Family Residential", to CP, "Commercial Professional"..
on parcels totaling 3.56 acres.
Location: S.W. Gaarde Street and Pacific Hwv. • (Wash. Co.. Tax Map
2S1 10A, Tax Lots 700, 800, and 1000, Tax Map 2S1 3DD,
Tax Lots 800, 801, crest 350 ft. of 900, 1100, '1400 and 1500) .
Applicant: Ted Millar
I. Findings of Fact:
1. The applicant is requesting general plan and program review
in accordance with Section 18.56.030 of the Tigard Munici-
pal Code for an 12.14 acre residential (duplex)/commercial
planned development at S.W. Gaarde Street and Hall Blvd,
2. The site :is presently zoned R-10 (Single Family Residential) ,
A-2 (Multi-Family) , and C-3 (General Commercial) and desig-
nated Suburban Density, Multi-family density, Retail Com-
mercial, and Commercial Professional on the Neighborhood
Planning Organization 3 Plan. Applicable policies from
the plan are as follows:
Policy 7.' Within the suburban density area, a limited num-
ber of duplexes may be permitted on lots that would
serve..-as buffers between the- single family, uses and
adjacent multi-family and/or commercial uses. .
Policy 8. The maximum overall urban medium density of
de�
velopment will be 12 dwelling units or 29 persons per
gross acre.
Policy 15. Apartments should be located to produce the
least adverse effects upon single family areas. De
velopment criteria should include:
a. Buffering by means of landscaping, fencing, and
distance.
b. Compatibility of design recognizing the conflicts
of mass and height between apartment buildings
and houses.
STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMUSSION
January 3, 1978
Page 2
Policy 18. Pacific Highway is developing as a strip com-
x...,�., Tho traffic-carrying capac .ty of
_ .
this highway should have the highest priority 'and
adjacent commercial development should be subordi-•
hated to this need.
Policy 19. In the interest of safety and efficiency,• the
number of highway access points must be kept to A
minimum. Wherever possible, businesses on Pacific
Highway should be clustered and share common parking
facilities and driveways. As new development occurs,
the number of access points should not exceed the
number necessary for property on-site 'traffic cir-
culation and, where possible, should be combined with
access to adjacent businesses.
Policy 20. Businesses on Pacific Highway should be ori-,
ented to the existing traffic and.-not draw additional
traffic from the adjacent community. Any additional.
convenience or neighborhood centers should be cen-
trally located to the market area they serve.
C3. Section 1.8.56.010 states:
The purpose of the planned development district is to pro-
vide opportunities to create more desirable environments
through the application of flexible and diversified land p
development standards under a comprehensive plan and program I
professionally prepared. The planned development district
is intended to be used to encourage the application of new
techniques and new technology to community development, which
will result in superior living or development arrangements
with lasting values. it is further intended .to achieve ec-
onomies. in land development, maintenance, street systems,
and utility networks, while providing building groupings
for privacy, usable, and attractive open spaces, safe cir-
culation, and the general well-being of the inhabitants. '
4. Section 18.56.030 provides for general development plan .
and program approval by the Planning Commission after re-
ceiving approval in principle of the preliminary plan and
program and the applicant has petitioned for an amendment '
of the zoning map in accordance with Chapter 18.88:
5. On November 15, 1977, the Tigard Planning Commission approved
the preliminary plan and program review for this proposed
development subject to the following conditions:
1. That the 13,500 square foot "public park" be retained
in private ownership and maintenance responsiblity be
prescribed to the Homeowners Association. :
STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
• January 3, 1978
f
Page 3 '
2. Prior to the development of any part of Phase II, a de-
V, ed
.ol�r�mwnt plan and a. traffic analysis shall be submitt
..�
to the. City.
3.: The properties in Phase II shall be provided access by g
a private frontage road. F
4. . That the streets between Lots 5 through 10, 11 through
16, and 18 through 24 be private driveways and a deed
covenant be attached to the lots gaining access from
these .private drives assigning maintenance responsi.blity.
5. That the "off-street" parking arrangement as shown be-
tween Lots 5 through 8 also be provided for Lots 11
through 16 and 18 through 24. .
6. That access be restricted from S.W. Gaarde Street and a '
means of providing access to Lot 4.-be shown on the general
plan and program. +,
7. That documents establishing how the duplex units are to
be maintained be submitted with general plan and program.
8. That Unit D, as show-n on the applicant's, site plan be
common wall housing on separate lots to encourage single
family ownership.
II. Staff Findings and Observations:
1. The site is a gently sloping, relatively open field, with
the exception of several single family homes and a dilapidated,
vacated motel which front along S.W. Pacific Highway and
Gaarde Streets. The applicant is proposing to remove these
structures with the possible exception of one home being
retained on. Lot 4. To the north and south are. single family �
homes; on the west' is the Tigard First Baptist Church; and
to the east and across Pacific Highway are commercial buildings.
2. The applicant has essentially incorporated in his general
plan and program the conditions of preliminary plan approv-
al with the following exception:
Condition 8. The applicant feels that due to the configu-
of lots 36 and 37 (in area "D") and in order to meet
the necessary setback requirements, that these two lots
would be rendered unbuildable for common wall housing.
Therefore, he is requesting that these two lots be
developed as duplex lots.
STAFF REPORT
AGENDA 5.1
( TIGARD PLANNING COMMISSION
`. January 3, 1978
Page 4
3. The size.••of .lots within the proposed development will be . �
the following
Lots 1, 3, 36 and 37 will be 10,000 square feet.
Lots 2, 4 through 17, and .38 through 44 will be a
minimum of 8,000 square feet.
Lots 18 through 35 in area "D" will be 5,000 square'
foot attached single family.
4. The applicant has depicted on the site plan a provision
for "secondary access to commercial property" in Phase ll
(area "A" ) in the southeastern corner of the parcel. Staff
feels that specific development proposals such as this should
not be addressed during Phase I but rather at such time as
a detail site plan and traffic analysis have been submitted
for Phase II in accordance with condition 2 of the prelimi-
nary plan and program approval.
5. Deviations from the code requirements:
A. The applicant's resubmitted site plan has depicted a
6 ' wide paved pathway on one side only of the main ac--
'" ( cess street serving the planned development. This de-
viation from the code requirement of 5 foot sidewalks
built adjacent to the property line is intended by the
applicant to "achieve economics in land development
and street systems".
B. The second deviation being proposed is the width of the
private access road serving lots 18 through 31 in area
"D". Section 18.64.020 Of the Tigard Municipal Code
requires that access and egress for single fainly and
duplex residential uses shall not be less than 50 feet
with curbs and sidewalks for 6 or more dwelling units.
The applicant has justified .this variance on the basis
that a "more residential appearance to the entire duplex
development" will be realized; that the fire department
has no problem with the proposal; that the traffic gen-
erated by the units in this location can be easily ser-
viced by the 30 ' right-of-way; and that this street
width is identical to the streets in areas "B" and
C. The applicant is also proposing to vary the setback
requirements of the code by providing 10 foot setbacks
between property lines for all lots in areas "C" and
"D" that do not have frontage along the main access street.
Staff is concerned that a 10' rear yard setback would
not be sufficient and therefore the code requirement of
15' should be adhered. This requirement should apply
to all units within areas "B", "C", and
6. The access drive between Lots 3, 5 and 6 designed to serve
S
STAFF REPORT
AGENDA 5.1 :
.. TIGARD PLANNING COMMISSION '
January 3, 1978
Page 5
Lot 4 in accordance with preliminary_'plan condition 6 would
function from a traffic safety standpoint more effectively I
by being sniztea westerniy ana reaesignea to access between
Lots 1 and 3, so that all four lots (1through 4) could be
served from' an internal drive which.would egress from a singles'
access point onto the main street within the development.
Also, the "possible" emergency temporary vehicle access be-
tween Lots 4, 6 and 7 as illustrated on the site plan should
be' deleted as it is not necessary or recommended by the fire ,
department.
7. The terminus for the three private drives (between Lots 7-8,
13-14, and 23-24) leaves open the possibility for future
extension of these drives resulting in a potential conflict
between the residential area and the future commercial area
in Phase II. To assure that a compatible relationship be-
tween these uses are maintained, provisions to restrict through
access should be made.
III. Conclusionary -Findings:
1. The applicants have essentially adhered to the required con-
ditions of the preliminary plan and program and have supplied
supportive information for justifying and alterations or
deletions on those conditions imposed by the Planning Com- f
mission, However, Staff finds that the applicant has failed
to justify the deviation in the street standards by elimi-
nating sidewalks in lieu of a 6' wide pathway along the
main access street. Staff further finds that a 10' rear,
yard setback is not sufficient to protect the inherit prop- f'
erty rights of individuals occupying the proposed units and
that the 15' setback requirement of the code should be ad-
hered to.
f
2. The other proposed deviations from the local street stan-
dards and setback requirements appear
justified in order i
to achieve economies in land development, maintenance and
street systems while not adversely affecting the health I
and general well-being of the inhabitants of the develop- j
ment.
3. The provision of a park area will facilitate meeting the
recreational and open space needs in accordance with the
planned development concept.
4. The request conforms to the density requirements of the
NPO #3 Plan and the underlying zones of A-2 and R-10.
lTv. Staff Recommendation:
Based on findings of fact and conclusionary findings, Staff
- I
STAFF REPORT
AGENDA 5'-1
TTGARD PLANNING COMMISSION .
` O'anuary 3, 1978
Page 6 °• .
recommends approval with the following c:onditons:
1. Prior to the development of any part of- Phase. II
a devel-
opment plan and a traffic analysis-.shall be, submitted. to
the City. r
; 2. That the secondary access to-the commercial property in area
"A"' Phase II as shown on the site plan be deleted. Access
to these .
properties to be determined during the submission
of -a development. plan for Phase II.
3• That Lots 18 through 31 develop on a private drive (30•
right-of-way and 24' pavement) .
4• That Lots 36 and 37 be duplex lots.
5. That access for Lots 1 through 4 be provided between Lots
1 and 3 and the temporary emergency access between Lots 4,
6 and 7 be deleted.
6. That the entire development 'Within Phase I be subject to
r design review.
7. . That the main street within the development be constructed
to local street standards (50' of right-of-way, curbs, 5E
sidewalks on both sides of the street; street trees, and
street lights) ,
8. That covenants be attached to the deeds of Lots '7 and 8
1.3 and 14, and 23 and 24 restrictingaccess from the
•vate drives to properties in Phase I. pr -
1
t ,
MINUTES
TIGARD PLANNING COMMISSION
January 10, 1978
Fowler Junior High School - Lectur Room
10865 S.W. Walnut Street - Tigard, Oregon ,
1 . Call to Order:
The meeting was called to order at 7:30 P.M.
2. Roll Call:
Present: Sakata, Goldbach, Corliss, Brian, Popp, Quimby
Excused Absence: Tepedino, Wood, Rossman
Staff: Laws, Chaidez
3. Approval of Minutes:
e
The minutes of December 6, 1977, were approved as written.
i
4. Communications: .
Al Popp introduced Mr. Raeldon Barker, new City Administrator.
5. Public Hearings:
5.1 Zone Change ZC 27-77 (Stoneridge) NPO #3
A request by Stoneridge Development Co. for a general plan
and program review of a two phase residential/commercial `
planned development of an 8.8 acre parcel (Yash. Co. Tax Map
2S1 10A, Tax Lots 700, 800, and 1000, and Wash. Co. Tax Map
2S1 3DD, Tax Lots 800, 801, 900, 1000, 1100, 1400, and 1500)
and a zone map amendment from R-10, "Single Family Residential
to CP "Commercial Professional" on parcels totaling 3.56 acres f
(Wash. Co. Tax Map 2S1 3DD, Tax Lot 900 and the eastern portion ,
of Tax Lot 1500) .
A. Staff Report :
Read by Laws
B. Applicant's Presentation: !
i'
Joseph Van Lom, Project Architect, clarified and explained
the plan and a bike path proposal which would meander !
through the_ site as an alternative to sidewalks.
Brian asked about the 3 private roads terminus.
Van Lom responded they would not continue off the site.
k
f
4
i
MINUTES
TIGARD PLANNING C014MISSION
January 10, 1978 . 1
Page 2
C. Public. Testimony:
Opponent:
o Bibianne Scheckla, 10890 S.W. Fairhaven Way, said
the plan was creating an illegal cul-de-sac, NPO 3
specified there should be single family residences
abutting each other - no common wall duplexes, the
maintenance on private streets would be questionab e, .
all the lots should be 10,000 square feet according
to the NPO document.
o Melvin Johnson, 10860 S.W. Fairhaven Way, stated:
(1) the surrounding property owners bought property
assuming single family residences; (2) the plan looked
like lots of dead end streets; (3) the property de-
serves better; (4) questioned the Homeowners Association
strength; and (5) wanted the longevity of the town
considered: .
o Ramsdale, 11635 S.W. Terrace Trails, asked about the
delay in a traffic analysis.- needed a study on im-
pact to Gaarde Street, and noticed a lack of access ===
and bike path to Pacific Highway in the plan.
D. Staff Recommendation:
A. Based on findings of fact and conclusionary findings,
staff recommends approval with the following conditions.
i
l: Prior to the development of any part of Phase !
11.' a development plan and a traffic analysis shall
be. submitted to the city. ... 1
2. That the secondary access to the commercial prop-
erty -in area "A" Phase II as shown on the site .
plan be deleted. Access to these properties to
be determined during the submission of a develop-
ment plan for Phase II.
3. That Lots 18 through 31 develop on a private drive ,!
(30' right-of-way and 24 ' pavement) . l
4. That Lots 36 and 3'7 be duplex lets.
5. That access for Lots 1 through 4 be provided be-
tween Lots l and 3 and the temporary emergency
access between Lots 4, 6 and 7 be deleted.
j
MINUTES
TIGARD PLANNING C01*1ISSION
January 10, 1978
Page 3
6> That fhP Pnt-ire development within Phase 1 be
subject to design review.
7. That the main street within the development be
constructed to local street standards (50 ' of
right-of-way, curbs, 5' sidewalks on both sides
of the street, street trees, and street lights)_.
8. That covenants be attached to the deeds of Lots
7 and 8, 13 and 14, and 23 and 24 restricting )
access from the private drives to properties in
Phase II.
B. Cross-examination:
o Bibianne Scheckla asked how a cul-de-sac could
be approved, stated they were promised a traffic,
analysis, and felt the homeowners should be pro-
tected by the Homeowners Association..
o • Laws responded the traffic analysis was under
Phase II, the Homeowners Association was docu:.-
' mented, the street wouldn't be a deadend because
of plug placement, there was access through pri-
vateproperty for emergency vehicles, the basket--
ball hoop placement would be discussed under
design review.
o van Lam stated (1) this plan wouldn't generate
any more traffic than other developments. in the
area which didn't need traffic analysis; (2)
basbetball hoop can be moved; . (3) emergency ve-
hicle access was open; (4) a planned development
such as this is a different approach; (5) in a
R-10 there is a conditional use for a duplex zone
allowing 5,000 square foot lots for single family
attached units at the request of the group; (6) ;
Homeowners Association document submitted to
staff.
o Roger Staver, 7941 S.E. Johnson Ct. Blvd. , veri-
fied how the Homeowners agreement was obtained and
was enforced by a Board of Directors and has worked
successfully in other areas,
o Laws said the fire department verified use of
emergency access.
�" 3
MINUTES
TIGARD PLANNING COMMISSION
January 10, 1978
Page 4
E. Commission Discussion and Action:
o Sakata, (1) questioned sidewalks on one side prealud-•...;-
ing other side; (2) wanted a path to Canterbury Square
and bus stop; (3) thought the street would be danger-
ous with 30 families using it.
o Goldbach had similar concerns
-
0 Quimby was opposed to the common wall housing seeing
it still as a duplex, liked the bike path concept.
o Corliss agreed with the multi family housing as a
solution to today's housing costs but better-egress
than 110th was needed.
o Brian agreed with staff recommendations.
o Popp stated much work went into housing plan policies
and this plan was in accordance with it and was-suit-
able for today's astronomical costs. He was concerned
about there being only one entrance to the site and
liked the meandering path.
o Laws stated improvement on Gaarde would be mdde as
a condition of the previously approved zona change
request for Tax Lots 1400 and 1500. 3
o Brian noted the 15 foot setback wasn't in staff
recommendation.
o Laws verified it should have been and stated the me-
andering path was a deviation from the code which was f
sometimes used in cases where topography and natural r
vegetation lent itself but in this site it did not
appear justified.
o . Goldbach moved . (seconded by Brian) approval based on
staff .findings and recommendations with condition No. 7
to read, "single meandering sidewalks" , and additional.
items No. 9, that a minimum setback of 15 feet be pro-
vided along all rear lot lines; No. 10 , that pedestrian
access to Pacific Highway should be considered during
the design review process; No. 11, that maintenance
responsibility be prescribed to a Homeowners Association
for all areas not within the public right-of-way>
Staff asked, as a point of clarification, if the exact
location of the sidewalk would be determined during de-
signreview. The commission stated that that was their
intention.
Motion was approved by a 4 to 2 vote; Goldbach, Brian, Cor-
liss, Popp, yes; Sakata, Quimby, no.
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