Resolution No. 84-80 CITY OF TIGARD, OREGON
RESOLUTION NO. 84-
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A SITE DESIGN REVIEW
REQUESTED 8Y WESTERN INTERNATIONAL PROPERTIES, FILE NO. SDR 12-84, UPHOLDING
THE PLANNING COMMISSION OLCISION ON POLICY 11.5.1, AND REVERSING THE PLANNING
COMMISSION DECISION ON THE RAILROAD CROSSING REQUIREMENT, ENTERING FINDINGS
AND CONCLUSIONS.
The Tigard City Council heard the above application at its regular meeting of
October 8, 1984. Alan Fox represented the applicant. The following
individuals either spoke or whore represented in favor of the application:
Wayne jolly, F ^ n
Jense , Carol Stewart, Richard Alberts and Fred Trumble.
Several v'membersof Neighborhood Planning Organization ff 5 appeared in
opposition to the application. Fallowing the meeting the Council initiated a
review of Policy 11.5.1 which resulted in Planning Commission and City
Council approval of a modification to the Policy. The final order for SDR
12-84 has been modified to reflect the revised policy as it applies to this
project.
The Council finds the following FACTS in this matter:
1. The applicant, Western International, r• guested approval to partition
(MLP 2-84) a 6.9 acre parcel into three lots of 2.5, 2.4, and 2.0
acres each. Site Development Review approval to construct one
industrial office building on each of the proposed parcels was also
(, requested. The property is zoned L--P (indust.^ial Park) anis
located on the northeast corner of 72nd Avenue and Tech Center Drive
(Wash. Co. Tax Map 2131 1DC, Tax Lots 700 and 800). The information
supporting this request is found in Planning Files Numbers SDR 12-84
and MLP 2-84.
2. The two applications were approved by the Planning Director on July
26, 1984, subject to conditions. The decision for SDR 12-84 was
appealed to the Planning Commission by the applicant because of the
requirements outlined in Conditions number 1 and 4 of the Director's
approval. The requirement for a sidewalk along Tech Center, and the
responsibility of constructing a portion of the proposed Tech Center
Drive railroad crossing were the specific subjects contained in the
appeal.
3. An adjoining neighbor also appealed the SDR 12.-84 decision on the
grounds that sufficient buffering had not been provided.
4. The Planning Commission heard the appeals on September 4, 1984. The
Commission voted unanimously to uphold Policy 11.5.1. The Commission
voted, with one dissenting vote, not to require the appl icacit to
provide the railroad crossing.
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RESOLUTION NO. 84—
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5. The Council had before it the record of the proceedings before the
Planning Commission. The matter was brought before the City Council.
under Section 7.8.32.090 D. The public hearing was held on October 8,
1984, before the City Council.
6. The relevant approval criteria in this case are the Statewide
Planning Goals 1, 2, 9, and 11; City of Tigard Comprehensive Plan
Policy 2.1.1; and Community Development Code, Chapter 18.120. Policy
11.5.1. was modified by the City Council on November 26, 1984, as a
result, the restrictive setback requirements contained therein are
not applicable to this project.
Based upon the record in this case, the Council. makes the following FINDINGS:
1. Statewide Planning Goal ft 1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NPO). In
addition, all public notice requirements were met.
2. Statewide Planning Goal to 2 is met because the City applied all
applicable Statewide Planning Goals, City Comprehensive Plan Policies
and Development Code requirements to the application.
3. Statewide Planning Goal. # 11 is met because public facilities are
available to the site.
4. City of Tigard Comprehensive Plan Policy 2.1.1 is ratisfied because
the Neighborhood Planning Organization and surrounding properties
were given notice of the hearing and art opportunity to comment on the
applicant's proposal.
5. City of Tigard Comprehensive Plan Policy ll.�.i as modified does not
apply to the residential properties adjoining the site.
6. Community Development Code Chapter 18.120 is met by the conditions
attached to this approval.
The Council adopts the following CONCLUSION of law:
1. Based upon Findings 1, 2, and 3 above, the Council has determined
that the applicant's proposal meets the applicable Statewide Planning
Goals.
2. Based upon Finding 6 the Council has determined that the applicant's
proposal, as modified by the conditions of approval is consistent I
with Chapter 18,120 of the Community Develop�,ent code. I
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N-CU THEREFO6c BE -ET RESOLVED by the Tigard City Council that: j
The Council therefore ORDERS that the above referenced request he, and hereby j
is, APPROVED subject to conditions set forth below:
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RESOLUTION NO. 84—,9O
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1. The applicant shall be responsible for constructs AN4�r �. r�p"a�` o io consTeucr
crossing across the Southern Pacific tracks ur uwt 4e SAiD CRosr v4.
et*;k de 9". The application for the railroad crossing must be
prepared and plans for the crossing must be submitted prior to
issuance of building permits.
2. Standard half-street improvements including sidewalks, curbs, street
lights, and driveway aprons shall be provided along the 72nd Avenue
and Tech Center Drive frontage. A sidewalk shall not be required
along the Tech Center Drive frontage.
3. Seven (7) sets of plan-profile public improvements construction plans
and one (1) itemized construction cost estimate, stamped by a
registered ci.vil engineer, detailing all proposed public 'improvements
shall be submitted to the City's Engineering Division for review.
4. Construction of proposed public_ improvements shall not commence until
after the Engineering Division has i.ssued approved public improvement
plans (the Division will require posting of a 100% performance bond),
the payment of a permit fee and a sign installation/streetlight
deposit. Also, the execution of a street opening permit or
construction compliance agreement shall occur prior to, or
concurrently with the issuance of approved public improvement plans.
5. Prior to issuance of building permits on the eastern parcel (Building
A), containing the items noted below, shall be submitted for Planning
Director approval:
a. Parking facilities and driveways consistent with Chapters 18.106
and 18.108 of the Code.
b. Bicycle rack placement and design.
C. Projected use of the building and a justification of the number
of parking spaces.
6. Prior to issuing building permits on the two western parcels
(Building B and C), the Following information shall be submitted for
Planning Director review and approval:
a. A revised grading plan.
b. A revised utilities plan.
C. A revised site plan which includes:
® (1) parking facilities and driveways consistent with Chapter
18.106 ant 1.8.7.08 of the Code including a justification of
the number of parking spaces based upon the anticipated use
of the buildings.
(2} bicycle rack location and design.
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RESOLUTION N0.
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(3) a minimum of one, two--way driveway, 24 feet in width.
d. An amended landscaping plan including:
(1) location of the trees along the northern property line that
are not shown on the "Existing Site Conditions" sheet.
(2) preservation of this group of trees for buffering purposes.
(3) retention of as much as possible of the northern landscaped
strip that was originally proposed.
(4) screening along the northern property line that is
consistent with Chapter 18.100 of the Code.
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7. Prior to occupancy of any building, plant materials shall be
installed as shown on the approved landscaping plan f,)r the
corresponding lot.
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B. This approval is valid if exercised within one year of the final
decision date noted below. The third phase must be initiated within
three years or a new Site Development Review application will be
necessary.
This resolution shall become effective upon its approval by the Council and
signing by the Mayor.
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PASSED: This /.9 day of ��e�Z F/� 1984.
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M o City of Tigard
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ATTEST:
Deputy City Recorder - City of Tigard j
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(EAN:dmj/0833P)
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RESOLUTION: NO. 84- 9D
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