Resolution No. 86-75 5
CITY OF TIGARD, OREGON
RESOLUTION NO. 86—._:7
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW, OF A
PLANNING COMMISSION DENIAL OF A REQUEST FOR APPROVAL_ OF A SUBDIVISION (S7-86),
PLANNED DEVELOPMENT (P02-86), AND SEIVSITIVE LANDS PERMITS (SL_4-86), ADOPTING
FINDINGS AND CONCLUSIONS OF LAW.
WHEREAS, this matter- came before the City Council at its meeting of June 16,
1986 and was continued to June 23, 1986 upon an appeal by the applicant for
review of the Planning Commission's denial of the application request; and
WHEREAS, the City Council had before it the Commission's denial, documentation
provided by the applicant as part of the application, staff report to the
Commission, supplemental staff report, Commission's final order, transcript
and minutes of the April 8, 1986 Commission hearing, letters from residents
submitted during the hearing process, applicant's appeal letter, and
applicant's request for a correction to the Commission minutes; and
WHEREAS, the applicable criteria in this decision are the following:
Policies 2.1.1, 3.1.1, 3.2.3, 3.5.3, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3
of the Tigard Comprehensive Plan and Chapters 18.50, 18.80, 18.84, 18.92,
18.160, 18.162, a-id 18.164 of the Tigae•d Community Development Code. E�
WHEREAS, based on the record in this case, the City Council makes the
following findings of fact:
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The subject site is located on both sides of SW 108th Avenue and
north of the Tualatin River (WCTM 2S1 15A, T.L. 400 and WCTM, 2S1
15AD, T.L. 100, 200, 300, and 400).
Section 2': The property is presently zoned R-5 in Washington County and R-2
(Residential, 2 units/acre) in the City of Tigard. The
Washington County segment is presently in the process of being
annexed to the City of Tigard with a R-4.5 (PD) (Residential,
4.5 units/acre, planned development) zone applying to the
property.
Section 3: The applicant requested approval of a subdivision and planned
development consisting of 82 detached single- family residences
on lots ranging from 4,800 to 28,000 square feet in size along
with supplemental requests to allow minor lot line adjustments
of up to 3 feet to be permitted with staff approval and
permission to construct a sewer line and street improvements
within a d rainageway.
The City Council also makes the following conclusions of law based upon
i the following findings:
I
RESOLUTION NO. 86—,:7
Page 1
a• Policy is satisfied because the Neighborhood Planning
of the hearing and an o
Organisation
and surrounding property owners were given notice
proposal. pportunity ,�O comment on the applicant's
b• Policy 3.1.1 will be satisfied provided that any portions of
I
ots 4 through 13 which exceed 25% slope are riot graded or
filled without a Sensitive Lands Permit. Such a permit has been
requested to allow construction in the drainageway
northwest corner, of the property and constructionin the
r
sewer line and a potion of a sanitary
Cul-de—sac de_sac of a in the ravine. A
review of the preliminary plans indicates that the work proposed
can be accomplished in a manner consistent with this policy
except for the cul--de—sac. The proposed cul—de—sac is within
the 108th Avenue/113th Avenue ravine which is delineated by the
140 foot elevation and is identified as a
and wildlife habitat. significant wetland
Though the proposed cul—de—sac successfully constructed within the area, it can be
unnecessary. The culs to be
—de_sac should be shortened sop that it is
above the existing 140 foot contour or designed so only a small
portion lies below this elevation. A
applicant and Cit En a field visit with the
City g neer would be the most appropriate way to
determine the street location.
C. Policies 3.2.? and 3.5,3 call for dedication of flood plain
areas to be incorporated into the Ci.ty's open sp-- system. The
proposed dedication is consistent with this Policv. A related iI
item which must be resolved is the proposed pedestrian access to
the greenway. The access easements shown travel straight down
slopes that range between 25 and 35%. These easements must be
replaced by a Pedestrian path which
Public access to the rivor. i, a feasible means of
d. Policies 7.1.2, 7,3.1, and 7.4.4 can be satisfied because
adequate water, sewer, and storm drainage facilities will be
required to serve the development prior to approval Of the final
plat. The aprlicant indicates Lnac these
standards. facilities will be
provided within the subdivision as required by the City
Also, the storm sewer system will be modified so that the
Proposed development will riot have an adverse impact upon the
drainageway and—c�.round water areas on the west side e of 108th
e. Policy 8.1.7 Calls for the provision of a safe
street system which accommodates and efficient
t
needs. The
alignment of Riverwood Lane shouldbe continued ethrough this
development as a minor collector unless the Comprehensive Plan
is modified in this regard, 108th Avenue will function as a
collector and should also be improved as a minor collector. The
City will .--quire full andinterim improvements to 108th '
in conjunction with the developmenas resoluticn of the
intersection. t as well Avenue
Present site distance limitations at the Durham/108th
RESOLUTION NO.
Page 2
f. Policy 8,1.3 will be satisfied when the conditions of approval
relating to street improvements are completed. The full street
improvements on 108th Avenue where the street abuts the
development will be required in conjunction with Phase I of the
project. Interim improvements to the remainder of 108th Avenue
will occur prior to October 1, 1987. These improvements will
adequately accommodate the anticipated traffic generated by the
project.
9. Chapter 18.50 of the Code is satisfied because the proposal does
meet the density requirements of the R-4.5 zone.
h. Chapter 18.92 is satisfied because the proposed density is
consistent with Code requirements. On page 3 of the applicant's
narrative, the density calculations are presented. The
calculations are correct except that they do not account for a
57,280 square foot area of the subject property which is
presently within the City and zoned R-2. By adjusting for this
factor, the allowable number of units is 82 as indicated in the
supplemental staff report. Although many of the lots are less
than the 7,500 square foot minimum in the R--4.5 zone, the
Planned Development chapter of the Code (Chapter 18.80) allows
for small lots provided that the average density does not exceed
what is prescribed by the underlying zone.
i. Chapter 18.80 is satisfied because the proposal is consistent
with the purpose and requirements of this chapter pertaining to
planned developments. Planned developments are intended to be
used in undeveloped area such as this. As noted above, the Code
does not require the enforcement of lot size and dimension
standards within a planned development.
j. Chapter 18.84 covers Sensitive Lands issues within flood plains,
drainageways, and the 108th/113th Avenue ravine. The
application can meet the applicable criteria. The 100 year
flood plain of the Tualatin River will be dedicated and a
pedestrian path will be constructed along the river. The length
of Dover Court will be reduced to minimize any encroachment on
the 108th/113th Avenue ravine. Also, the amendment to the storm
sewer system recommended by the City Engineer will reduce any
storm water runoff impact upon do-wnstream properties.
Though not directly affected by the subdivision proposal, lots 4
through 13 may requii-e e, Sensitive Lands Permit in order to
develop on slopes that exceed 25%. Based upon the contours
shown on the preliminary plat, it appears that at a minimum
Sensitive Lands approval will be required prior' to the
development of Lot:; 9 through 12.
k, Chapter 18.160 of the Code is satisfied because the proposal
does meet the requirements set forth for the submission and
approval of a preliminary plat.
RESOLUTION NO. 86—_~
Page 3
l Chapter 18,162
2 The coverg the City's requirem ad s Zine
after the N--Posed ability to regarding lot
Plat is recorded can meet just side
procedure for adiustin lot lines
described below: 9 property line sCity requ.iraMerits but the
Should follow the process
of The
Community Development Code provides a two-
firstoevaluated dandtmonts. A preliminar ste
p review
-op Iica". a decision is made. y application is
containin 2s "Pproved, a final If the Preliminary
descriptions he roinal lot line �PP'icatyon is submitted
1lowin adjustment map and legal
descriptions are recorded City approval,
W
ith washingthe map and legal
Conflicts ton County.
adjustmenta'nad result n
_,,c
eway rlocatior;co thThlacatlan of utility
services
ices
each P eSal descri a hail final lot
adjustment that occursPtunder's be requir•edlfor
incIudenain ry approval. The maw Provision.. of the
existinginformation regardingand descriptions should
utilities and dr' y the Precise location
of
adjustmentshould be prouldedyswhiAh certificationfrom an
that will not provided
indicates that the
the facilities will y affect existing
Of those utilit be relocated .tu ng utilities or
with change in �o'npany(s) involved. An the satisfaction
developer. tiixty location z =acts associated
wil_ be borne by the
The PD overlay
y Cone does not have
narrow for but the 501 foot a minimum lot
single famil w'de dots width
side yard re y detached res'w are relatively
5-foo- requirement shall r ences. The
t driveway setback re e . in effect 4-foot
Section 15.04, quirement as we11 as the
requirements 680 h arlances contained in T.m.
( ) 1
shall be or waivers of
M. Cha v1ewed with disfa,,cr. these
Ater or the
of the plat will be satisfied r
Process for the final
duri 9 the approval
The City Council,
approved subject therefore, orders the
] to the f-11 referenced above referenced
conditions: application be
1 UNLESS OTHERWIS
RECORDIN IP79Lr6p TED. ALL COPD -10'JS SH LL
G THE �_
13E MET PRIOR TO
2. Standard �
curbs, streetlight
full and half_
eetli st y eap mprovements including sidewalks,
shall be ghed drivewa
installed along the storm dr
improvements along SL' SW ainage and utilities
City minor lv8th Rvenue shal8th Avenue fronto e, c
collector street stand be built g aid
existing centerline. Ards and to not
conform to less than
alignment of the
RESOLUTION NO.
Page 4 - �_
s
3. Seven (7) sets of plan-profile public improvement construction plans
and one (1) itemized construction cost estimate, stamped by a
Registered Professional Civil Engineer, detailing all proposed public
improvements shall be submitted to the Engineering Section for
approval.
4. Sanitary and storm sewer, plan-profile details shall be provided as
part of the public improvement plans.
5. Construction of proposed public improvements shall not commence until
after the Engineering Division has issued 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 fee.
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.
6. Prior to approval of the public improvement plans, the applicant
shall submit data sufficient for the City Engineer to determine that
the subdivision complies with the requirements of the Comprehensive
Plan Transportation Map. Unless the Transportation Map is modified
by the City Council, the data submitted must include evidence that
S.W. Kent Drive can be connected to Riverwood La,,-. with an alignment
that meets the City standards for minor collector streets. Unless
the Transportation Map is modified by the City Council, S.W. Kent
Drive shall be designed and platted to minor collector street
standards.
7. A one (1') foot reserve strip granted to the City of Tigard shall be
provided at the terminus of S.W. Kent Drive and, also at the terminus
of S.W. River Lane. Special permission need be granted to T.L. #700
and NBC(' by the City to allow crossing of the reserve strip.
B. Additional right-of-way shall be dedicated to the Public along the
S.W. 108th Avenue frontaga to increase the right-of-way to 30 feet
from centerline. The description for said dedication shall be. tied
to the existing right-of-way centerline as established by Washington
County. The dedication document shall be on City forms, and approved
by the Engineering Section, or shall be detailed on the plat.
9. S.W. 108th Avenue shall remain open to traffic at all times during
construction.
10. Street Centerline Monumentation
- A. In accordance with ORS 92.060 subsection (2), the centerlines of
all streets and roadway rights-of-way shall be monumented before
the City shall accept a street improvement.
B. All certerlizee monuments rhali be placed in a monument box
conforming to City standards, and the top of all monument boxes
shall be set at design finish grade of said street or roadway.
RESOLUTION NO. 86
Page 5
C. The following centerline monuments shall be set:
(1) All centerline-centerline intersections. Intersections
created with "collector" or other existing streets, shall, be
set when the centerline alignment of said "collector" or
other street has been established by or for the City;
(2) Center of all cul--de--saes;
(3) Curve points. Point of intersection (P.I.) when their
position falls inside the limits of the pavement otherwise
beginning and ending points (B.C. and E.C.).
(4) All sanitary and storm locations shall be placed in positions
that do not interfere with centerline monumentation.
11. A Sensitive Lands Permit will be required for any landform alteration,
including the development of single family homes, on slopes greater
than 25%.
12. Construction of the proposed sanitary sewerage improvement shall not
commence until posting of a 100% performance bond, payment of public
improvement plan check and inspection fees and execution of (and City
acceptance of) a construction compliance agreement occurs.
13. Construction of improvements below the 140 foot elevation contour west
of 108th Avenue or within the 100 year flood plain shall occur 2911
for the purposes of bikepaath and other public improvement requirements
only during the period between April 30th and October 1st or at other
times approved in advance and in writing by the City Engineer.
14. A site grading plan shall be submitted with the improvement plans.
The site grading plan shall include provisions for erosion control
including temporary erosion control during construction. No
construction shall occur until the site grading plan has been approved
by the City Engineer.
15. The applicant shall construct interim street improvements on S.W.
108th Avenue from S.W. Durham Road to the point where full street
improvements are required by Condition 2 above. Interim street
improvements shall include a minimum 2.2 foot pavement width. Also, 3
foot gravel shoulders and drainage ditches shall be constructed unless
otherwise specifically approved by the City Engineer and Washington
County in conjunction with Phase I improvements, but not later than
October 1, 1987.
16. The applicant shall obtain from Washington County a letter of service-
ability and approval of public improvement plans for S.W. 108th Avenue.
17. At the intersectionof S.W. 108th Avenue and S.W. Durham Road, the
interim street improvements shall include improvements adequate to
provide a minimum intersection sight distance of 450 feet. The
ir�ersaction sight distance shall be based on an eye height of 3.5
feet and an object height of 4.25 feet above the road, and shall. be
measured from the center of 108th Avenue at a point 10 feet south of
the edge of the Durham Road pavement.
t
RESOLUTION NO. 06-_-Z5
Page 6
a
18. Storm drainage from streets and other public improvements shall be
conveyed in closed conduits and discharged at points within the flood
plain area. All storm drainage conduits shall be located in public
rights-of-way or in easements dedicated to the public.
19. Any on-site or off-site sanitary and storm sewer easement, wr,ich may
be necessary for provision of service, shall be on City forms and
approved by the Engineering Division; on-site easements should be
denoted on the subdivision plat.
20. The existing (access-egress) easement across the end of Tax Lots
#100-#400 shall be vacated; the cost thereof to be borne by the
applicant.
21. The lands which are within the 100 year flood plain shall be dedicated
to the public for greenway purposes. The flood plain boundary shall
be surveyed and clearly marked. Said markers shall be maintained
throughout the course of development.
22. The existing dwellings which are to remain must be connected to
sanitary sewerage facilities as soon as the
available. facilities become
23. An asphalt surfaced pedestrian/bicycle path with a width of 10 feet
shall be constructed along the Tualatin River within the boundaries of
the greenway. The path shall include one public pedestrian path
connection to S.W, River Drive at via a public right-of-way or public
easement in the vicinity of SW 108th. The easement width and
alignment shall be approved by the City Engineer.
24. After review and approval by the Planning Director and City Engineer,
the Final Plat shall be recorded with Washington County.
25. ALL CONDITIONS BELOW SHALL BE MET PRIOR TO RECORDING ANY LOT LINE
ADJUSTMENT WITH WASHINGTON COUNTY.
A. The final lot line adjustment application(s) shall be reviewed and
approved by the Planning Director PRIOR TO RECORDING The Lot
Line Adjustment documents shall be recorded by
shall the City and a copy
be forwarded to the applicant. Ir, addition to the
requirements of Sectionl8.162.080 of the Code (copy enclosed), the
applicant shall provide information illustrating the location of
all utility facilities in the vicinity of the property line(s) to
be adjusted.
B. A registered engineer shall certify that each final lot line
adjustment will not have an adverse impact upon the utility
services within the subdivision and the service available to
individual lots,
C. Any relocation of utilities shall be approved by the appropriate
utility company. All cost incurred shall be borne by the
developer or lot owner.
z
RESOLUTION NO. 86--�._—,
Page 7
e
e �
D. Variance or waiver requests to the 4 foot side yard setback
requirement or the driveway setback standard in TMS 18.04.080(b)
must be compelling and substantial evidence must be provided.
E, One or more final lot line adjustment applications may be filed
for all lots in the development as provided by the above
condition. This approval shall expire within one year of the
final decision date noted below.
26. Four foot side yard setbacks are allowed but all other setback
standards of the underlying zones shall remain in affect.
27. Dover Court cul-de-sac shall be shortened to the City Engineer's
specifications.
28. This approval is valid if exercised within one year of the final
decision date noted below.
The Council further orders that the City Recorder send a copy of the final
order as a notice of decision in the mattter,
PASSED: This *h day of 1966.
�iaybr-'- City of Tigard
ATTEST:
eputy City of TigardRecorde�- City
KSL:bsl28
a
i
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RESOLUTION NO. 86—'�S
Page 8