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Resolution No. 88-08 : CITY OF -1IGARD, OREGON RESOLUTION IUO, 88--0'd A RESOLUTION ADOPTING FINDINGS AND CQNCL.USIONS TO UPHOLD THE: PLANNING DIRECTOR'S DECISION OF APPROVAL W11'14 CONDITIONS AS AMENDED ON JANUARY 11, 1988, SDR 87---05 (WESTWOOD CORP.) WHEREAS, the Planning Director approved an amended landscaping plan for the Tigard Towne Center Development (SDR 87-05) on December, 31, 1987; and WHEREAS, this matter was called up for review before the City Council at its regular meeting of J:nuary 11, 1988; and WHEREAS, the City Council had before it the Planning Director's decision and the documentation submitted by the applicant as part of the application. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal, as modified by the conditions bo.Tow, satisfies Tigard Community Development Code Chapter, 18.100, 18.120, and 18.150 as they pertain to landscaping and tree removal. Section 2: The Council, therefore, ORDERS that the above-referenced decision is upheld with amendments and that all conditions set forth below shall be imposed: 1. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITIONS SHALL.. BE APPROVED 8Y THE DIRECTOR: a. The landscaping plan shall be. modified as follows: 1. There shall be 31 replacement Douglas fir's with a minimum caliper of 8 inches measured at 4 feet from grade. 2. Minimum spacing of new trees shall be 25 feet on center. If overcrowding would result in group 1 (east of Durham Road driveway), proposed trees may be transferred to other location on the site. 3. Minimum distance from new trees shall be. 15 feet from paved area and 25 feet from buildings. 4. No development (paving or buildings) shall occur, within 25 feet of the existing Douglas firs near Pad "A." 5. The cluster of 3 Douglas fir trees near, the Pacific Highway/Durham Road intersection shown on the plan dated 12/7/87 shall be installed. These 3 trees are included in the 31 replacement trees noted in condition a 1. i RESOLUTION NO. 88-0T Page 1 6. A berm with a minimum height of 24 inches and a 30 inch average height shall be provided in conjunction with trees in Groups; 1 and 2. The berm located rwar the corner of Pacific. Highway and Durham Road shall slope downwards between the second and third planter- boxes (as shown on the plans presented at the January 11, 1988, Council meeting and contained in that meeting packet) going from right to left. The exact slope and height of the berm and the -xppoarance would be a Director's decision. The hole at this corner must be filled insofar as it would be congruent with the landscaping pattern. b. A planting schedule for the installation of the Douglas fir shall be submitted. C. A care program consistent with the Collier and Halstead reports shall be submitted for the existing and new Douglas fir troes. d. A care program consistent with 'c' will be carried out as well as a commitment to annually evaluate the success of the remedial care towards preserving the replacement trees. e. A financial guarantee shall be submitted covering 100% of the cost of installation and care for a three year, period. Said guarantee shall be subject to City Attorney approval as to form. 2. All. future development of the center, particularly the building pad sites shall conform with the landscaping plan approved by the Director. 3. This approval is valid if exercised within one year of the final decision date rioted below. PASSED: This Tbt day of 1988. ATTEST: Mayor — City of Tigard Ci y Recorder — City of Tigard APPR E2"Yq , FORM: r City Recorder to ht/2802D RESOLUTION NO. 88— D$ Page 2 CITY OF TIGARD NOrICE OF DECISION SDR 87-05 WES1`WQOD CORPORATION APPLICATION: Request tc amend the approved landscaping plan for the Tigard Towne Center (Westwood Corp.) development on property zoned C—G (Commercial !� General) and located at 16200 S.W. Pacific Hwy. (WCTM 2S1 15 BA, T.L. 100, 101 and WCTM 281 15A, T.L. 3100) DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the. above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background On May 61 1487, the applicant received Site Dovelopment Review approval to develop a shopping center subject to conditions (File SDR 87-05). The development has proceeded in accordance with this approval with the exception of the landscaping plan. 2. Vicinity Information The proposed site for Albertson's is presently surrounded by a variety of zo6ing.districts and development patterns. Directly west of the site (across Pacific Highway) is the eastern city limits of King City. The area abutting this .portion of Pacific Highway in King City is commercial development at the northern edge that gives way to residential development going south and parlleling the subject site. To the north, across Durham Road, both commercial and medium high density residential development occurs. The Willowbrook Shopping Center, located at the northeast intersection of Pacific Highway and Durham Road, is zoned C—G(PD) (General Commercial, Planned Development) and contains an assortment of retail and commercial uses. East of Willowbrook is a part of the Summerfield planned residential development. This portion of Summerfield is zoned R-25 (PD) (Multi—Family Residential, 25 units per acre). Two large parcels zoned R-25 are directly east of the Albertson's properties along SW 113th Avenue. One of these parcels contains a single family residence, the other parcel is undeveloped. To the south of the subject site are properties outside Tigard's City limits but within Tigard's Planning Area. ' Some properties are identified on the Tigard Comprehensive Plan Map as low density residential areas with others targeted for medium residential development. At present, most of these medium and large sized lots are developed with single family residences, a few lots are vacant. 4 NOTICE OF DECISION — SDR 87-05 — PAGE 1 ac 3. Site Information and Proposal Description As noted above, the project has gone forward and most of the parking area has bean constructed and the Albertson's store is nearing completion. During the course of construction 19 mature. Douglas fir trees earmarked to remain were damaged to the extent that they posed a safety hazard. As a result, the City allowed the removal of the trees with the understanding that a revised landscaping plan would be prepared and implemented that would retain the- visual character of the site prior to the removal of the trees. The applicant has submitted a revised landscaping plan featuring 28 replacement Douglas fir trees with caliper sizes of 6 to B inches. Fourteen are to be located along the Pacific Highway frontage, seven immediately north of build:ng Pad "C" near the Pacific Highway/Durham Road intersection, and seven trees on the Durham Road frontage. Six existing Douglas firs situated in the southwest corner of the property shall remain. A limit of development line has been shown at a 15 foot distance from the existing trees and the transplanted trees near Pad "C". The new trees are proposed to be spaced at 18 feet on center. B. ANALYSIS AND CONCLUSION During construction, trees that were to be preserved were damaged. The City is requiring the submission of a revised landscaping plan that will restore the appearance of the property to he similar to the situation prior to tFq most recent tree removal. In a series of meetings with City Council, the staff and the applicant received direction regarding the necessary ingredients the revised plan must contain to "replace" the lost trees. Based upon the direction received, the staff finds the proposed landscaping plan dated 12/31/87 to be in conformance with the Council position with the exception of the following changes that will be necessary: a. All replacement Douglas fir shall be a minimum caliper width of _8 inches. b. The plan shows a net reduction in the number of new trees illustrated on a previous plan and as a result a previous grouping of three Douglas firs showri on the 12/7/87 plan near Pad "C" should be included, bringing -;he total to 31 new trees. C. The arborist report from David Halstead dated 12/23/87 indicates that a minimum spacing of 25 feet should be used for the new trees. d. The 24 inch berm along the western part of the Durham Road frontage should be viewed as a minimum and should be exceeded in some areas to three feet. The berm shall be of a rolling nature. e. The limit of development should be a minimum of 25 feet- from the existingtrees not 15 feet as shown in the plan. /�---- I NOTICE OF DECISION — SDR 87-05 — PAGE 2 j f. A planting schedule, care program, c:nd financial guarantee will be €' necessary as a condition of approval. C. DECISION The Planning Director approves the amendment of SDR 87-05 subject to the following conditions: 1. PRIOR To ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE APPROVED BY THE PLANNING DIRECTOR: a. The landscaping plan shall be modified as follows: t. There shall be 31 replzcement Douglas firs with a minimum caliper of 8 inches measured at 4 feet from grave. 2. Minimum spacing of new trees shall be 25 feet on center. 3. Minimum distance from new trees shall be 15 fejt from paved area and 25 feet from buildings. 4. No development (paving or buildings) shall.occur within 25 feet of the existing Douglas fir near Pad "A". S. The cluster of 3 Douglas fir trees near the Pacific Highway/Durham Road intersection shown on the plan dated 12/7/87 shall be installed. b. A planting schedule for V-e installation of the Douglas fir shall be submitted. C. A care program consistent with the Collier and Halstead reports shall be submitted for the existing and new Douglas fir trees. d. A care program consistent with 'c' will be carried out as well as a commitment to annually evaluate the success of the remedial care toward preserving the replacement trees. Q. A _financial guarantee shall be submitted covering 100% of the cost of installation and care for the first year. 2. All future development of the center, particularly the bsilding pad sites shall conform with the landscaping plan approved by the Director. This approval is valid if exercised within one year or the final decision date noted below. D. PROCEDURE NOTICE Of DECISION - SDR 87-05 - PAGE 3 I. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON January 11, 1988 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in. accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M. 1/11/88 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639-4171. /a -3 PREPARED Y: Keith Liden, Senior Planner DATE William A. Monahan, Director of Community.Development DATE APPROVED (br/25:18D) 'a o.I !a. Nia�f4 /t f� 4„. NOTICE OF DECISION — SDR 87-05 — PAGE 4