Resolution No. 92-19 CITY OF TIGARD, OREG9N
RESOLUTION NO. 92-
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW
OF APPEALS OF A PLANNING COMMISSION DECISION TO APPROVE A SITE
DEVELOPMENT REVIEWPLANNED DEVELOPMENT REVIEW APPLICATION (SDR 91-
0013/PDR 91-0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP.
WHEREAS, the Planning Commission reviewed this case at its meeting of
October 7, 1991; and
WHEREAS, the Planning Commission approved the application subject to
certain conditions of approval (Planning Commission Final Order
91-11 PC); and
WHEREAS, the Planning Commission's decision was appealed to the City
Council by separate appeals filed by Marge Davenport and NPO #6; and
WHEREAS, this matter came before the City Council at its meetings of
Decembar 10, 1991; February 25, 1992; March 10, 1992; and April 14,
1992; and
WHEREAS, the Council reviewed the evidence related to the applicants'
appeals;
THEREFORE, BE IT RESOLVED that the City Council upholds the Planning
Commission's decision approving Site Development 'Revi-ew/Planned
Development Review application (SDR 91-0013/PDR 91-0006) with some
additional conditions of approval and modification of some of the
Commission's conditions of approval. This resolution is based upon the
facts, findings, conclusions and conditions of approval noted in the
attached Exhibit "A".
The City Council further orders that the City Recorder send a copy of
this resolution and final order to the applicant and appellants as a
notice of the final decision in this matter.
PASSED: This Q��H� day of April, 1992.
APPROVED: This 2f
MENEM
1
EXHIBIT "A"
CITY OF TIGARD CITY COUNCIL
P114AL ORDER NO.
A FINAL ORDER, INCLUDING FINDINGS AND CONCLUSIONS, WHICH
AFFIRMS WITH MODIFICATIONS PLANNING COMMISSION ORDER NO. 91-11
PC, WHICH APPROVED AN APPLICATION FOR PLANNED DEVELOPMENT
REVIEW DETAILED DEVELOPMENT PLATS APPROVAL, SITE DEVELOPMENT
REVIEW APPROVAL, AND ACCESS VARIANCE APPROVAL REQUESTED BY
TRIAD TIGARD LIMITED PARTNERSHIP..
Following an appeal from Planning Commission Final Order No.
91-11 PC, the Tigard City Council reviewed the above
application at public hearings on December 10, 1991; February
25, 1992; March 10, 1992; and April 14, 1992, at which the
Council received additional evidence. The Council bases its
decision on the facts, findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Appeals by NPO #6 and Marge E. Davenport from
Planning Commission Final Order 91-11 PC, which
approved with conditions the application in:
Planned Development Review PDR 91-0006
Site Development Review SDR 91-0013
REQUEST: Planned Development Review/Site Development
Review of a plan for development of a 348 unit,
17 building multi-family residential complex on
a 26.2 acre property.
APPLICANT/OWNER: Triad Tigard, Ltd. Partnership
320 Andover Park East
Seattle, WA 98138
ENGINEER-. Kampe Associates, Inc.
3681 SW Carmen Drive
Lake Oswego, OR 97035
ARCHITECT: Driscoll Architects
2121 First Avenue, Suite 102
Seattle, WA 98121
LOCATION: 11165-11185 SW Naeve Street. North side of
Naeve Street, west of SW 109th Avenue,
south of the Little Bull Mountain
Apartments {WCTM 2S1 IODB, Tax Lots 100 and
200 [also Tax Lot 300 for public road
CFINAL ORDER - PDR 31-0006/SDR 91-0013 TRIAD 1
® realignment purposes only]; WCTM 2S1 LOAD,
9 Tax Lot 9300; WCTM 2S1 10AC, Tax Lots 600,
700, 800, 900).
PEAU DESIGNATION: Medium Density Residential (23 acres)
Medium-High Density Residential (4.2
acres),
ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned
Development overlay) (23 acres)
R-25 (PD) (25 units/acre-Planned
Development) (4.2 acres)
APPLICABLE LAW: Community Development Code Chapters 18.32,
18.54, 18.56, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106,
18.108, 18.114, 18.120, 18.150, and 18.164 and
Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 4.2.1,
6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, 8.1.1,
and 8.1.3.
DECISION: Affirm Planning Commission Final Order No.
91-11 with modified conditions.
2. Background Information
The subject parcels have been involved in a number of
City of Tigard land use and development applications
since annexation in 1981. Prior to annexation, the
parcels were designated by Washington County with a
zoning designation of RU-4 (Residential, 4
units/acre) . City of Tigard Comprehensive Plan
Revision CPR 1-81 approved redesignation of the
parcels from Low Density Residential to Medium
Density Residential and a zone change to R-12
(Residential, 12 units/acre). The Planned
Development (PD) overlay zone was added to the
requested R-12 designation so that all development
proposals for the properties would be required to be
reviewed by the Planning Commission.
In December, 1986, the Tigard City Council gave
conditional approval to the Albertson's Comprehensive
Plan Amendment for changing the Plan designation of
several properties located at the southeast corner of
Durham Road and Pacific Highway. This approval
redesignated these properties from High Density
Residential to General Commercial. _A result of this
decision was the removal of the opportunity for
approximately 400 potential multi-family housing
units from Tigard,s inventory of vacant, buildable
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 2
land. The Metropolitan Housing Rule (Oregon
Administrative Rules, Chapter 660, Division 7)
requires that Tigard provide a housing opportunity
for at least 50 percent multi-family units and a net
minimum housing density of 10 dwelling units per acre
on vacant buildable land within the City's Urban
Planning Area. The Albertson's CPA was granted on
the condition of redesignation of sufficient
residential land to higher densities to make up for
the housing opportunity shortfall created by the
decision. Several sites throughout the City,
including Tax Lot 200, were considered for increased
residential densities to make up for the housing
opportunity shortfall created by the Albertson's
decision. The western half of Tax Lot 200 and the
parcel to the west were proposed for Plan/Zone
redesignation from Medium Density Residential/R-12
(PD) to Medium-High Density Residential/R-25 (PD)
(Comprehensive Plan Amendment CPA 87-07(G)/Zone
Change ZC 87-02 (G)) . No change in designation was
proposed for the eastern half of Tax Lot 200 or the
other parcels that are the subject of the current
application. Redesignation of the western half of
Tax Lot 200 and the adjacent parcel was approved by
the City Council in April 1987.
In April, 1989, the owners of Tax Lot 200 requested a
Plan Map Amendment from Medium Density Residential to
Medium-High Density Residential, and a Zone Change
from R-12 (PD) (Residential, 12 units/acre, Pianned
Development) to R-25 (PD) (Residential, 25
units/acre, Planned Development) for the eastern 4.27
acres of that parcel (Comprehensive Plan Amendment
CPA 89-02/Zone Change ZC 89-02) . After review by the
staff and Planning Commission, the City Council
denied the proposed Plan Amendment/Zone Change on
April 24, 1909.
Tax Lot 100, which is located at the northwest corner
of the intersection of S11 Naeve Street and SW 109th
Avenue, was the subject of a Subdivision/Planned
Development review by the Planning Commission on June
6, 1989 (Subdivision S 89-07/Planned Development PD
89-01) . That application requested Planned
Development conceptual plan approval and subdivision
preliminary plat approval to divide the approximately
10.3 acre parcel into 60 lots intended for single-
family residential development. The proposed
subdivision would have included a north-south street
running through the approximate center of the parcel
with connections to SW 109th Avenue as well as to the
property to the west. SW 109th Avenue was proposed
C. FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 3
to terminate in a cul-de-sac bulb at the northern end
( of the subdivision. SW 109th was to be improved to
local street standards and have a number of single-
family lots fronting on it. The proposed subdivision
was approved by the Planning Commission but the
approval has since expired.
Also on June 6, 1989, the Planning Commission
reviewed a proposal for Planned Development/Site
Development Review approval of a request to construct
a 72 unit apartment complex on Tax Lots 900 and 9300
north of the previously described proposed
subdivision (Planned Development PD 89-02, Site
Development Review SDR 89-06, Variance V 89-20).
These tax lots are also part of the current
application. The Commission approved the proposed
development plan which included a cul-de-sac bulb at
the end of the northern segment of SW 109th Avenue,
approximately 250 feet north of the cul-de-sac bulb
approved for the single-family subdivision. The
proposed dual cul-de-saccing of SW 109th Avenue was
intended to provide a separation between the
predominately multi-family res-dential character on
the top half of Little Bull Mountain from the
proposed primarily single-family residential
character of the neighborhood along the south slope
i- of Little Bull Mountain and the properties to the
south. The Planning Commission's final orders for
both the subdivision and apartment proposals,
however, noted that if either of the proposed
developments did not occur as proposed, it would be
necessary to re-evaluate the road patterns in this
area.
In September, 1989, the Planning Commission was
presented with a request to recons;der the
application for the proposed 72 unit apartment
complex because a significant number of neighboring
property owners that were entitled to notice of the
public hearing on the matter did not receive notice
and did not have the opportunity to testify before
the Commission. The City Attorney's office reviewed
this request and advised staff that the request be
placed on the Commission's November 7, 1990 meeting
agenda. The applicant, Terry Cook, requested that
the hearing for reconsideration be indefinitely
postponed until the applicant determined whether to
pursue the application further. No further action
was taken by that applicant.
The current applicant, Triad Tigard Limited
Partnership, filed a Site Development Review/Planned
FINAL ORDER - PDR 91-0006/SDA 91-0013 TRIAD 4
Development Review application for development Of a
364 unit apartment complex for the entire subject
site in early 1990 (SDR 90-0004/PDR 90-0002) . The
proposal was fairly similar to the current proposal
except that there was no public roadway proposed to
cut through the site as is currently proposed. The
development site was to be bounded by SW Naeve Street
and SW 109th Avenue. The Commission approved this
prior application subject to conditions on May 11,
1990, including a condition that the two segments of
SW 109th Avenue abutting the site be permanently
separated as well as closing SW 109th south of Naeve
Street (Commission Final Order 90-11) . The Planning
Commission's decision was reviewed by the City
Council on June 25, 1990. The City Council remanded
the application back to the Commission for further
review regarding the proposed development's potential
traffic impacts on nearby streets. included in the
Council's discussions was a possible extension of SW
Beef Bend Road from the west through the site to
connect with SW 109th.
On September 4, 1990, the Commission on remand
approved an amended Site Development Review/Planned
Development Review application including a variance
to the maximum local street grade standard for SW
109tsr Aven:.ie (Commission Final Order 90-22). The
approval also required development of an emergency
vehicle access connection between SW Naeve Street and
SW 109th Avenue in Summerfield, but no public street
connection. This decision was appealed to the
Council by NFO #6. on appeal, the Council reversed
the Planning Commission's approval thereby denying
the application (Resolution No. 90-71) . The
Council's findings in support of this decision
indicate that the Council did not feel that the
public street connection between SW Naeve Street and
SW 109th Avenue in Summerfield was acceptable because
it would not provide for an efficient neighborhood
circulation system and needed connections between
residential neighborhoods with Pacific Highway. The
Council also was opposed to the development plan's
proposal to direct a significant amount of traffic
onto an over-steep local street (SW 109th) . In
addition, the Council was not convinced that a public
road or private driveway connection to SW Pacific
Highway at the Beef Bend Road intersection was not
possible to serve the proposed development.
In December of 1990 the City Council authorized NPO
#6 to initiate consideration of a Comprehensive Plan
Amendmentt focused on transportation issues in the
l FIZ4AL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 5
MEMO"
area of S.W. 109th Avenue and Naeve Street. After
review of various alternatives, the NPO recommended
specific amendments to the Transportation Map. The
amendment changed the designation of Naeve Street
from a minor collector to a local street; designated
109th Avenue as a minor collector; indicated that
109th Avenue is to be realigned to curve across the
south slope of Little Bull Mountain, crossing Naeve
Street at a point west of the Fountains development
and continuing south of Naeve Street to intersect
Pacific L-1ighway at Royalty Parkway; and indicated a
minor collector street connection between 109th and
100th Avenue to intersect 100th in the vicinity of
Sattler Street. The City Council approved this map
change on August 13, 1991, (Ordinance 91--22) . The
Council's decision was final on September 12, 1991.
The Oregon Land Use Board of Appeals (LUBA) remanded
the decision on January 28, 1992. On remand, the
City Council approved a modified plan amendment that
designated the connection between 109th and 100th
Avenue as a local street rather than a minor
collector, but the amendment left unchanged the
proposed alignment of a minor collector street across
the site now proposed for an apartment development
(Ordinance 92-07).
On October 14, 1991, the Planning Commission approved
with conditions the current Planned Development
Review/Site Development Review application submitted
by the applicant (Planning Commission Final Order No.
91-11 PC) . This application incorporates the
realignment of 109th Avenue approved by the City
Council in the current site plan for a 348 unit
apartment complex.
NPO #6 and Marge E. Davenport separately appealed the
Planning Commission's Decision to the Council. NPO
#61s sole concern was that the completion of site
development not occur before construction of 109th
Avenue through to Pacific Highway was completed. Ms.
Davenport's appeal raised a number of issues,
including environmental effects, soil stability, and
traffic effects. The Council held a public hearing
on the appeal on December 10, 1991. The hearing was
continued to February 25, 1992; March 10, 1992; and
April 14, 1992. At the March 14th hearing, the
applicant submitted a modified preliminary site plan
that contained additional open space on the northern
boundary of the property in order to further minimize
any adverse effects the development might have on
vegetation and wildlife.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 6
3. vicinity Information
The development pattern in the area of the subject
site consists of existing duplexes and the 130-unit
Timberline Apartments development to the north; the
Canterbury Woods condominium development to the
northeast; single family residences and a nursery on
large lots to the east; an undeveloped parcel covered
with tall fir trees to the west (t.l. 300); Pacific
Highway and King City further west; and the
Summerfield planned community to the south. The
Fountains at Summerfield condominium complex is
immediately south of the site.
As previously noted, the City's Transportation Plan
Map now calls for a minor collector extension of S.W.
109th to be constructed through the subject property.
The subject property has approximately 890 feet of
frontage on SW Naeve Street which is now functionally
classified as a local street. SW Naeve Street is
generally substandard in width and state of
improvements, wit; rhe exception of the frontage of
the Fountains at ❑merfield development to the
south. Half-stre, , improvements, including
approximately 30 feet of pavement, curbs, a sidewalk,
and streetlights have been installed along the
Fountain's frontage.
The subject parcels have approximately 1500 feet of
total frontage along the alignment of SW 109th
Avenue. SW 109th Avenue, north of the intersection
with SW Naeve Street, is a steep gravel road
extending approximately 1200 feet to a dead end.
Approximately 200 feet further north beyond this dead
end, the northern segment of SW 109th Avenue
continues. This northern section of SW 109th Avenue
extends northward to Canterbury Lane. The subject
properties *lave approximately 100 feet of frontage
along this rthern section of SW 109th Avenue. SW
109th Avenut- is functionally classified as a minor
collector street.
Tax lots 600, 700 and 800 have approximately 360 feet
of frontage on SW Pacific Highway. Pacific Highway
is a 4-lane divided arterial under the jurisdiction
of the Oregon State Highway Division. The
southwestern corner of the subject site along SW
Naeve is located approximately 500 feet east of the
Naeve/Pacific Highway intersection. A left-turn lane
is provided on Pacific Highway for southbound traffic
FINAL ORDER - PDR 91-0006/SDR 91-0n?3 TRIAD 7
onto SW Naeve Street. The intersection of SW Naeve
Street and Pacific Highway is not signalized.
4. Site Information and Proposal Description
The subject 26.2 acre property previously contained
houses on Tax Lots 200, 700, 800, and 9300. All have
been removed except for the house on tax lot 9300.
The remainder of the property is vacant, covered with
a combination of tall rir trees, lower height
deciduous trees, and brush. The property slopes
predominantly to the south and southwest at varying
grades. Approximately 0.8 acres on tax lots 600,
700, and 800 has a slope of greater than 25 percent.
The applicants propose to develop a 348 unit
apartment complex on this site. The development
would include 101 one-bedroom, 151 two-bedroom, and
96 three bedroom units for a total of 348 units. The
development site would be split by a curved collector
street connection between SW Naeve Street and SW
109th Avenue intended to conform with the recently
adopted Transportation Map amendment for this area.
The alignment of SW Naeve Street to the west is
proposed to be shifted somewhat northward in order to
provide for a 90 degree intersection with this
proposed new street. A minor reconstruction of Nae-ye
Street is also proposed at 109th to from a 90 degree
intersection.
Also proposed would be a recreation building located
near the center of the site. A gymnasium, indoor
Pool, outdoor pool, and lounge within the recreation
building are proposed. in addition, a jogging path
is also proposed to provide recreational facilities
for the proposed development. The areas of tax lots
600, 700 and 800 would not include any new
improvements.
Parking would be provided by 661 total parking spaces
consisting of 360 covered parking spaces (combination
of garages and under apartment buildings), 14
designated handicapped parking spaces, and 287 other
uncovered spaces.
The southern section of the proposed development
which contains 60 units would be served by one-24-
foot wide access driveway from the proposed
connecting street. No other access would be provided
to this section of the development from either SW
Naeve Street, SW 109th Avenue, or from the proposed
connecting street. The existing section of SW 109th
\ FINAL,ORDER - PDR 91-0006/SDR 91-0013 TRIAD 8
Avenue, north of Naeve Street, is proposed to
terminate in a hammerhead style turnaround short of
connecting with the proposed connector street.
The northern portion of the proposed development is
proposed to be served by a 24 foot wide main access
driveway from the proposed connector street extending
northward through the site to a connection with SW
109th Avenue in the northeastern section of the site.
The northern sect-Jon would also be served ari
additional 2$-foot wide access driveway onto SW 109th
Avenue that would extend westward to connect with the
main internal roadway as well as one dead end access
driveway which would stop short of SW 109t1-s_ A
network of five foot wide sidewalks would be provided
along the primary roadway and between parking areas
and residential buildings. The north-south soft
surfaced jogging path provided through landscaped and
tree covered area on the eastern portion of the site
would provide pedestrian access between the northern-
most units and the recreation building.
The preliminary landscaping plan shows existing trees
that are proposed to be retained. The area along SW
Pacific Hi-ghway on tax lots 600, 700 and 800 is to be
left with existing vegetation. The landscaping plan
calls £o27 removing underbrush and planting -Iaoan and a
variety of bushes and trees throughout the portion of
the site to be developed in order to create a park-
like appearance on the site. The landscaping plan
shows cross sections of proposed perimeter buffer
material arrangements and lists plant materials.
The applicant's revised site plan (included within
the Wildlife Resources Habitat Survey report prepared
by Fishman Environmental Services) modifies the site
plan approved by the Planning Commission by moving
the northernmost row of apartments and park:ing spaces
to the south. This revision allows additional
conifer trees and vegetation to be preserved and
creates more open space on the site. The revision
also enlarges the buffer area on the northern
boundary of the site.
5. Agency- and NPO Comments
The City Planning Division received comments on the
application from the City of Tigard Engineering
Division, the Oregon State Highway Division., the City
of Tigard Building Division, Neighborhood Planning
Organization 6, the Summerfield Civic Assooj.ation,
the Tigard Water District, Tigard School District
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 9
23J, and the Tualatin Valley Fire and Rescue
( District. These comments were relayed to the
Planning Commission and City Council through
incorporation within the Planning Division staff
report on the proposal.
Washington County•s Department of Land Use and
Transportation and PGE have also reviewed Lila
proposal but have issued no comments or objections.
Ring City, GTE, Northwest Natural Gas, and the
Metropolitan Area Communications Commission were
provided with plans and an opportunity to comment on
the proposal. No comments were received from those
agencies.
B. ANALYSIS
Resubmittal Within One Year of Denial
The applicant submitted a new application less than
12 months after the Council's November 26, 1990,
denial of the applicant's prior development
application affecting this site. Code Section
18.32.280 contains the following language regarding
resubmittal of an application that has been denied:
t "An application which has been denied or an
application which was denied and which on appeal
or review has not been reversed by a higher
authority, . . may not be resubmitted for the
same or a substantially similar action for a
period of at least 12 months from the date the
final City action is made denying the
application unless there is a substantial change
in the facts or a change in City policy which
would changes the outcome."
The applicant has submitted a letter dated August 27,
1991, which addresses the criteria for resubmittal.
The Council agrees with the applicant that the
current site plan with a public road through the
development eliminating the need for variances to
public road improvement standards is a substantial
change from the previously denied site plan thereby
constituting a substantial change in facts from the
previously denied application. In addition, the
recently approved amendment to the Transportation
Plan constitutes a change in City policy that may
affect the outcome of the application. Therefore,
review of the current application is consistent with
Section 18.32.280.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 10
_ —ism -� , --
( R-25 and R-12 Zoning Districts
Multi-family residential use of the site is a
permitted use in both the R-25 and R-12 Zoning
Districts. Eighty-eight dwelling units are proposed
on area that provides an opportunity for
approximately 88 units in the area of the site
designated with the R-25 zone. Two hundred and sixty
dwelling units are proposed on area that provides a
maximum opportunity for 271 dwelling units on the
portion of this site that is designated with the R-12
zone. The applicant's density calculations are noted
on sheet A001 of the proposed site plan.
Proposed site improvements comply with both the R-12
and R-25 district requirements for building height
(45 foot maximum allowed in R-25, 35 feet in R-12; 35
foot maximum height proposed) , lot coverage (maximum
allowed site coverage of 80 percent in both zones;
proposed site coverage of less than 50 percent) , and
landscaped area (minimum landscape coverage of 20
percent in both zones; proposed landscape coverage of
greater than 50 percent). All proposed building
locations satisfy minimum building setback
requirements.
Si-te Development Review
The proposal complies with Community Development Code
Chapter 18.120.180.A Site Development Review approval
standards for provision of private outdoor areas
(balconies), shared recreation facilities, (swimming
pool, recreation center, pathways), screening of
service facilities, multi-family residential building
separation, and design offsets along building faces.
Dwelling units and the recreation center have been
situated toward the interior of the site and
appropriately screened or buffered so as to reduce
possible noise and lighting impacts on the site and
on neighboring properties and to increase visual
privacy between adjacent uses. Reasonable care has
been taken to preserve existing topography, natural
drainage, and mature trees on the site as shown on
the site plans and landscaping plan (sheet L-100)
although with the amount of development proposed and
the grading necessary, a number of trees will be
removed. As demonstrated by the applicant's
geotechnical engineering study, the site is not
subject to ground slumping or sliding and is
otherwise suitable for the proposed apartment:
complex.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 11
germs
Bsfcre the planni.ug Commission, NPO #6 and the staff
recommended that the applicants be required to
provide a pedestrian pathway between the northern
portion of the development and the existing bus stop
on SW pacific Highway at the Beef Bend Road
intersection. The applicants, representative argued
that although such a pathway would be beneficial in
promoting use of mass transit by the development's
residents, a pathway in this area could be unsafe due
to its necessary steepness, inability to be seen from
the development or public streets, and isolation_.
The Council concurs with the applicants and the
Planning Commission that the questionable safety of
such a path outweighs the benefits that would be
gained. The Council chooses not to require such a
pathway.
Other Site Development Review standards (Section
18.120.180.A.-I) related to other Community
Development Code standards are reviewed below.
Access and Circulation
The proposal satisfies Community Development Code
Chapter 18.108 standards for internal roadway widths
(minimum width of 24 feet) and provision of adequate
pedestrian circulation through the use of a soft
surfaced pathway through the northern section of the
development as well as hard surfaced sidewalks
adjacent to both: the public streets adjacent to the
site and adjacent to the internal roadways. The
Proposed roadway system will provide good circulation
for emergency vehicles through the site despite the
site's steep grade. The two dead end private
roadways within the site would be provided with
hammerhead turnarounds.
The Council agrees with the Commission's decision not
to require an emergency vehicle access to the
southern portion of the site from SW 109th Avenue in
order to avoid creating a situation that could
encourage foot or bicycle traffic from the
development towards Summerfield. The southern
section of the development would be surrounded by
public roads and both the internal road and the
southern section of SW 109th would be provided with
appropriate turnaround areas for emergency vehicles.
The Council finds that the public and private roadway
system that is proposed will provide adequate access
to the southern section of the development for
emergency service purposes.
FINAL ORDER - PDR 91-0006/SDA 91-0013 TRIAD
12
Code Section 18.108.070.D provides a sliding scale
standard for number of required driveways for a
multi-family development comr,lr_v_ basf!�d :. both the
number of units and the number of parking spaces. At
the public hearing before the Planning Commission,
staff described a portion of this Code Section's
access standards for a development of this size as
being a probable typographical error since the access
standard switches from being based on number of
dwelling units (if a development of 100 or less units
is being proposed) to a standard based on number of
total parking spaces (if more than 100 parking spaces
is proposed) . Reading the requirement literally, the
proposed 348 unit development would be required to
provide two access points for the first 100 units and
the 150 spaces required to serve those units, and one
more access point for each of the 100 additional
spaces provided (six more spaces for the 511
additional spaces proposed beyond the first 150
required spaces) . Therefore, a development with 348
units and 661 parking spaces would be required to
provide eight access points. Staff believes the
I standard was probably intended to refer to number of
units throughout the sliding scale calculation.
Staff will propose a change in this standard in the
future to clarify this section. However, until such
a change is made, the standard must be read
literally.
The proposed development would have four access
points; three to the northern portion of the
development and one for the southern portion. The
applicants intended to limit access points to the
northern section of SW 109th Avenue and the new
street to be constructed through the site in order to
discourage traffic from the development from
travelling through Summerfield. The Code recognizes
that variances from the access standards may be
necessary and provides standards for an access
variance that are different than for variances in
general. The access variance approval standards are;
1. It is not possible to share access;
2. There are no other alternative access points on
the street in question or from another street;
3. The access separation requirements cannot be
met;
4. The request is the minimum variance required to
provide adequate access;
FINAL ORDER PDR 91-0006/SDR 91-0013 TRIAD 13
5. The approved access or access approved with
conditions will result in a safe access; and
6. The visual clearance requirements of Chapter
18.102 wi.11 be met.
Because of the pattern of surrounding development on
abutting lots to the north, it is not practical far
the proposed development to share access with the
Timberline Apartments. The steepness of slopes and
the uncertainty regarding future development type
make sharing access with the church property to the
west impractical as well.
The only other possible access points for the
proposed development would either be dangerous due to
being located on the downhill curve of the new street
or else would direct traffic towards sw 109th through
the Summerfield development. It is clear from the
previous hearings regarding this site that the City
and residents of the area would prefer to discourage
traffic from this site from being directed through
Summerfield.
Any additional access driveways to the new collector
street should be discouraged because of limited sight
distance along the road's curve and inadequate
separation of access points along a collector street.
Any other access points would either create a
potential unsafe situation. on the collector street or
else would encourage traffic through Summerfield;
therefore, the degree of variance considered is the
minimum variance required to provide safe and
adequate access.
Because the proposed access points are located at
points where adequate sight distance will be provided
and because signs and landscaping wi11 make the
access driveways very noticeable from the street, the
proposed access points will provide for adequate and
safe access for the use proposed.
Parking
The site plan provides for an appropriate number of
parking spaces for a 348 unit apartment development
(661 parking spaces required per Code Section
18.106.030.A.4; 661 parking spaces provided), covered
parking spaces (349 co=rered Larking spaces required;
360 covered spaces provided), and allowable 1 to 4
compact to total required parking space distribution.
1 FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 14
MUM
The site plan designates 14 handicapped accessible
( parking spaces that are distributed throughout the
site (a minimum of 14 designated handicapped
accessible spaces are required) . It is recommended
that several of these designated handicapped parking
spaces be relocated under cover to better serve the
needs of handicapped residents of the proposed
development and handicapped visitors.
Landscaping
The proposed landscaping plan provides appropriate
locations, types, and spacing for requ__red street
trees. However, the landscaping plan proposes
minimum planting sizes for the street tress of 1 and
3/4 inch to 2 inch caliper whereas Code Section
18.1O0.035.A specifies a minimum caliper size of 2
Inches at planting. The landscaping plan will need
to be revised accordingly.
The plan also provides appropriate understory
plantings along the site's frontages to reduce the
effects of on-site lights on adjacent uses and upon
traffic on the abutting streets. The revised site
plan submitted to the Council with the Wildlife
Resources Habitat Survey provides for retaining a
( substantial strip of existing large coniferous trees
along the site's northern boundary to provide a wide
buffer area that is well in excess of the required
10-foot buffar area between this site and the
adjacent existing apartment complex(Sect lon
18.100.090). Proposed internal site landscaping will
provide appropriate numbers of parking area trees,
provide buffering and screening between the proposed
buildings, and should supplement the trees and other
existing vegetation that is to be retained to make an
attractive development.
The western section of the site above Pacific Highway
will retain its existing vegetation. However in the
remainder of the site, the proposed development and
its attendant significant amount of grading will
necessarily require removal of a number of large
trees. The development nonetheless has been planned
to minimize, to the greatest extent possible, the
removal of existing trees and vegetation,
particularly the large, mature coniferous trees on
the northern and northwestern portions of the
property. A tree removal permit pursuant to chapter
18.150 of the Codc iwiil be ecru red before trees with e
a diameter of six inches orgreatercan be removed.
An arborist's report will be required prescribing
\, �II3AL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 15
Maw M —
measures to be followed for protection of existing
trees to be retained.
Signs
The site plan shows signs to be located at three
entrances to the proposed development. Community
Development Code Section 18.11^ 130 permits housing
complex identification signs to�be located at all
entrances to multi-family developments. Sign size
and height details have not been provided at this
time. Sign permits pursuant to chapter 18.114 of
Code must be obtained prior to erecting any sign.
Sign sizes and heights must be shown to conform with
Code standards in order for sign permits to be
issued.
C. CONCLUSIONS
The applicable criteria in this case are Tigard
Comprehensive Plan policies 2.1.1, 3.1.1, 3.4.2, 6.1.1,
6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2, 7.6.1, 8.1.1,
and 8.1.3 and Tigard Community Development Code Chapters
i 18.32, 18.54, 18.56, 18.80, 18.84, 18.92, 18.96, 18.100,
18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and
18.164.
I. Policy 2.1.1 is satisfied because NPO #6, the
Summerfield Civic Association, Icing City, and
affected service providing agencies have been
notified of this proposal directly by the applicant
in advance of the actual application. These groups
have been given an opportunity to comment to the
applicant pp nt and the Cit of Tigard with regard to
Y g g their
concerns with the development plan.
Direct notice of the hearing on this proposal has
been sent to property owners within 250 feet of the
site. In addition, all required hearing notices were
provided.
2. Policy 3.1.1, which is implemented through chapter
18.84 of the Code, is met because the northwestern
portion of the property, which has slopes over 25
percent, and which therefore is significantly
constrained for development purposes, is proposed to
remain in its natural state. As shown by the
applicant's geotachnical engineering study, prepared
by Terra Associates, Inc., the na-inder of the site
has few, if any significant development constraints.
( The proposed apartment buildings and associated
`. FINAL ORDER - FDR 91-0006/SDR 91-0013 TRIAD 16
development can be constructed without difficulty
through the use of the established and proven
engineering techniques described in the study.
Appellant Marge E. Davenport argued at the hearings
and in letters to the City that development of the
site was inappropriate because of unstable soils and
other potential adverse geologic conditions. These
issues were not raised in her notice of review, and
therefore the issues are not properly before the
Council. (Code Sections 18.32.320.B.2,
18.32.340.A.3.)
Even were the Council required to consider
appellant's arguments with respect to these issues,
the Council does not find the arguments persuasive.
The arguments are based on very general information
described in the background Volume I resource
document of the Comprehensive Plan, which in turn is
based on the U.S. Soil Conservation Survey for
Washington County. The Terra Associates, Inc. .
geotechnical survey submitted by the applicant is
much more detailed than the information referred to
in the Comprehensive Plan. The Terra Associates
report is based in part on data obtained from test
pits dug at 28 locations throughout the site and
subsequent laboratory testing of soil samples.
Furthermore, the Terra Associates report is
specifically directed to -.:he suitability of the site
for the apartment complex proposed by the applicant.
The general information referred to in Comprehensive
Plan Volume I is not addressed to any specific type
of development.
i
The types of soils reported by Terra Associates at
the site are nonetheless consistent with the general
soils description in the Comprehensive Plan. Based
on their study, Terra Associates described the
specific weight-bearing limits of the soils, their
stability, and the design and construction methods
that should be employed to assure soil stability.
The design and construction methods recommended are
not unusual in the Tigard area. The Council finds no
credible evidence of geologic problems that would
preclude approval of the proposed development or
otherwise make it infeasible. The Terra Associates
recommendations will be considered when detailed
construction and grading plans are prepared for the
development.
3. Policy 3.4.2 applies to designated tree areas and to
habitat values delineated on the City's "Fish and
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 17
Wildlife habitat Map." The policy does not directly
( apply to development proposals; it is implemented
through the development standards imposed by the
Planned Development and Site Development Review
processes, which, for example, incorporate the Code's
tree removal standards in order to minimize tree
removal.
Policy 3.4.2 and its implementing measures apply
directly only to the mature coniferous forest on the
northern portion of the site, which is identified as
"Area A" in figure 3 of the March 1992 Fishman
Environmental Services report. Area A is the portion
of the site within the Little Bull Mountain Natural
Forest, the only significant natural resource that
the Comprehensive Plan's Goal 5 analysis designates
for the site. No significant wildlife habitat areas
are designated on the site by the Plan.
Pursuant to the requirements of Statewide Planning
Goal 5, the City of Tigard inventoried Goal 5
resources and designated in its Comprehensive Plan
those Goal 5 resources that it has determined to be
significant. (Comprehensive Plan Vol. I, pp. 94-
For these designated Goal 5 resources, the
Comprehensive Plan identifies potential conflicts;
performs an economic, social, environmental, and
energy consequences analysis of the conflicts; and
adopts a program to resolve the conflicts. (See id.)
The City's Comprehensive Plan, including its Goal 5
provisions, were acknowledged by the Land
Conservation and Development Commission. on October
11, 1984.
The ,summi-t of Little Bull Mountain" is mentioned as
a "special area" and an area of scenic value in the
City's Natural Features and Open Space Comprehensive
Plan Report. (See Comprehensive Plan Vol. ,I, pp. 42-
42) . The summit area of Little Bull Mountain,
however, was not inventoried as a significant Goal 5
resource, with the exception of those resources
included within the designation of the Little Bull
Mountain Natural Forest.
The Comprehensive Plan identifies the Little Bull
Mountain natural forest as an area of mature
coniferous trees on the west side of Little Bull
Mountain. (Comprehensive Plan, Vol. 1, P. 96.) The
forest was designated as a Goal 5 resource because it
was determined to be "an outstanding scenic site.,,
(Id.) The Comprehensive Plan explains that the
scenic value of the site stems from the visual
FINAL ORDER - PDR 91-0006/SDR 9i-0013 TRIAD 18
( landmark provided by the large stand of mature
coniferous trees at an elevated location within the
City. In contrast, the Comprehensive Plan notes that
"wildlife within [the forest) . . . is limited to
small birds and animals."
The Comprehensive Plan anticipated and resolved
conflicts between the scenic values of the Little
Bull Mountain natural forest and other land uses, in
accordance with Statewide Goal 5. All of the areas
included in the Little Bull Mountain natural forest
are designated by the Comprehensive Plan for future
residential development. Although the Plan's
background document noted that the area was zoned for
low-density residential development, the City, as
noted above, approved Plan amendments that increased
the residential density of the area. These amendments
are an acknowledged part of the Plan. The Plan's
Goal 5 analysis, which applies equally to any density
of residential development, notes that future
development may create conflicts with the designated
Goal 5 resources of the Little Bull Mountain natural
forest (see Comprehensive Plan, Vol. 1, pp. 96-97,
106-107) and resolves the conflict as follows:
"The significant wooded areas are
identified and mapped. The policy of
the City's comprehensive plan is that
these areas will be preserved in a
natural state as much as possible or
integrated into the design of any
development, i.e, parking lot island,
building setbacks, street rights-of-
way and landscaping areas whenever
possible. If it is necessary to
remove a portion or all of the trees,
the replacement landscape features
shall be subject to approval by the
applicable approval authority."
(Comprehensive Plan, Vol. 1, p. 95.)
The Plan expressly requires that "development
proposals in designated timbered or tree areas be
reviewed through the planned development process to
minimize the number of trees removed." (Plan Policy
3.4.2.b.) The Plan thus expressly anticipates that
future residential development may destroy some or
all of the designated resource, provided that the
development complies with the implementing provisions
of the Code.
FINAL ORDER PDR 91-0006/SDR 91-0013 TRIAD 19
The Code also requires all new developments and major
modifications of existing developments, even those
not in designated timber or tree areas, to undergo
site development review. Code Section 18.120.020.
The Code defines "development" broadly to include not
only buildings but also any material change in the
use or appearance of land. Code Section 18.26.030.
Approval criteria for site review include the tree
removal provisions of Code Chapter 18.150. See Code
Section 18.120.180.A.1.1. These provisions require,
among other things, that the tree removal be
necessary and that the tree removal will not
adversely affect the aesthetic character of the area.
See Code Section 18.150.030.A.
The City's acknowledged Comprehensive Plan thus
expressly anticipates that development, and in
particular residential development and associated
roadways, may create conflicts with the designated
Goal 5 resources in the Little Bull Mountain natural
forest. Following the required Goal 5 analysis,
however, the Plan chose not to absolutely protect
these resources but to conditionally protect them by
requiring scrutiny of development proposals to ensure
that the number of trees lost through development was
minimized.
The proposed development complies with the Code
provisions that implement Policy 3.4.2. The
development minimizes to the greatest extent possible
the number of trees to be removed, particularly the
mature coniferous trees that lie within the Little
Bull Mountain natural forest in the northwestern and
northern portions of the site. The northwestern
portion of the site is left entirely undisturbed, and
a large buffer of coniferous trees is left along the
northern boundary of the site; as recommended by the
Fishman Environmental Services report. In addition,
the site plan incorporates several groves of existing
mature trees within the landscaped areas of the
developed portion of the site and provides
substantial replacement landscaping in areas that
will be disturbed.
Furthermore, the applicant will be required to obtain
a tree removal permit in accordance with the
provisions of (lode Chapter 18.150 before removing any
trees. Permits may be granted only if the City finds
that the removal of the tree is necessary to
accommodate structures, driveways, utilities, or
other proposed site improvements. The site plan
illustrates trees within the development that will be
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 20
T
retained and demonstrates compliance with Policy
3.4.2 and its implementing provisions. In order to
ensure that the actual development of the apartments i
remains consistent with these provisions, a detailed
tree survey and an arborist's report outlining
methods of protection of the trees to be retained
must be submitted prior to issuance of a site grading
Permit or a tree removal permit.
Appellant Davenport suggests that the proposed
development will adversely affect the Ixallstrom fir
grove, a small linear grove of trees that lies
several hundred feet east_ of the site. Lille the
Little Bull Mountain natural forest, the Kallstrom
fir grove is a Goal 5 resource that the City
designated solely for its scenic values. The
development of the site will not require any
disturbance of the Kallstrom fir grove. Appellant
does not specify in what respect she believes the
grove or its scenic values would be harmed by the
development, nor does she identify how any approval
criterion would be violated with respect to the
grove.
Appellant Davenport also contends that the proposed
development will violate Policy 3.4.2 or Pian
,r provisions because it will adversely affect wildlife.
<._ The Council disagrees. Policy 3.4.2 applies only to
stream corridors and other habitats designated on the
City's "Fish and Wildlife Habitat Map. - No fish or
wildlife habitats are designated on the site or in
the vicinity of the site by the Comprehensive Plan's
map of "areas with important values for wildlife
(Diagram V at page I-41 of Volume I of the Plan).
Accordingly, Policy 3.4.2 and other Plan provisions
related to wildlife do not apply.
The Comprehensive Plan Resource Document at pages
I-36 through I-43 discusses wildlife and notes
wildlife habitat values associated with the "Summit
of Little Bull Mountain. " The City's ESEE analysis
of the Little Bull Mountain Natural Forest, however,
described the wildlife within the forest as
"limited," and chose not to protect thiswildlifeagainst conflicting uses, as is further evidenced by
the failure to .include this area on Diagram V of
Volume I of the Plan) .
Moreover, even if the City were obliged to consider
the proposed development's effects on wildlife,
Policy 3.4.2 and its ,implementing Code provisions
would not require the City to deny development
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD
21
r
approval because of adverse effects on wildlife.
Policy 3.4.2 requires only that any adverse effects
be minimized through cluster development and other
measures. The proposed development minimizes any
adverse effects on wildlife by leaving much of the
coniferous forest In the northern portion of the site
undisturbed, by leaving mature trees standing within rN
the developed area, and through planting replacement
vegetation. These minimization efforts are
consiRtent with +}+e recommend t_cns for open space
contained in the Fishman Environmental Services
Report, which concluded that the northern portions of
the site had the greatest importance for both
wildlife and scenic values. The Fishman
Environmental Services Report described wildlife
habitat values throughout the site as low to
moderate.
Appellant Davenport submitted reports by a wildlife
biologist, Mr. Paul Whitney, who concluded that the
site areas outside the coniferous forest were more
important as wildlife habitat. This opinion was
seconded by Oregon Department of Fish and Wildlife
Urban Wildlife Biologist Doug Cottam in a letter to
staff dated April 6, 1992. Staff had contacted Mr.
Cottam for review and comments on the Fishman study.
The Council finds that these reports are generally
consistent with the Fishman Environmental Services
Report. The Council, however, disagrees with the
report's conclusions that additional open space
should be provided in the southern portions of the
site. First, as discussed above, the Council does
not believe that protection of wildlife habitat is an
approval criterion for this site. Second, the
Council agrees with the Fishman Environmental
Services Report that the site's habitat values are
limited by the site's isolation from other wildlife
habitats and by the absence of water on the site.
The site is adjacent to a major four-lane state
highway (Highway 99W) and is surrounded by extensive
commercial and residential development in an area
that is designated by the Comprehensive Plan for
substantial additional development in the future.
Third, the Fishman Environmental Services Report
evaluated the site's wildlife habitat in conjunction
with the site's scenic resources, which are the only
resources deemed significant by the Comprehensive
Plan. Given the need to protect these scenic
resources, the effects on both wildlife and scenic
resources could only be minimized through placing the
bulk of the site's open space in the northern portion
of the site, as the revised site pian does.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 22
Providing additional open space in the southern
( portion of the site would adversely affect the site's
scenic values.
Finally, appellant Davenport suggests that the site
plan is deficient because it does not show "what may
be wetlands" on the site. This issue was not raised
before the Planning Commission or in appellant's
notice of review. The issue is therefore not
properly before the Council. (Code Sections
18.32.320.8.2 and 18.32.340.A.3)./
Even were the Council required to consider
appellant's arguments concerning the asserted
wetland, the Council finds no basis in the arguments
for denying the application. Appellant's argiurents
are based on Air. Cottam's observation that a small
area of standing water on the site should be
evaluated to determine whether it is a wetland and on
Mr. Whitney's reference in his report to a "small
wetland." Neither Mr. Cottam nor Mr. Whitnev
evaluated the area to determine whether it qualified
as a wetland; and indeed, Mr. Cottam did not actually
assert that the area is a wetland.. Jerry Offer of
the City's planning staff noted, however, that the
area observed by Mr. Cottam may not qualify as a
wetland as it is apparently only a small area of wet
season water accumulated in old vehicle tire tracks
as reported by Mr. Cottam's letter and ve=rified in
the field by Mr. offer. In addition, the subject
site does not appear as a potential wetland site in
the National Wetlands Inventory or a city-wide
wetlands inventory conducted by Scientific Resources,
Inc. (SRI) , and is not indicated as an area of hydric
soils on maps in the SRI inventory. Furthermore, Mr.
Offer noted that, even if the area is a wetland, it
may be sufficiently small that it could be filled
with less than 50 cubic yards of fill and therefore
be exempted from state and federal wetland
regulations. There is further testimony in the
record that the asserted wetland could in fact be
filled with less than 50 cubic yards and would
qualify for a general nationwide permit from the U.S.
Army Corps of Engineers.
The Council finds that there is no conclusive
evidence that there is a wetland on the site.
Nonetheless, in order to resolve any wetland issue
that may be present, the Council agrees with the
applicant's suggestion to add a condition of approval
to require the applicant to have the site evaluated
by a qualified wetland biologist to determine whether
{ FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 23
Olic raw 11
a wetland exists on the site. Further, if a wetland
exists on the site, the applicant would be required
to satisfy the requirements of Code Chapter 15.84
related to wetlands including satisfaction of any
applicable state or federal wetland regulations prior
to the issuance of permits for the proposed
development. The Council concludes that, if a
wetland is present, the wetland likely could be
filled with less than 50 cubic yards and under a
nationwide permit from the Corps of Engineers.
Accordingly, the wetland likely would not pose any
constraints on the property. No evidence was
presented that them are wildlife or other resource
values associated with this wet area.
4. In order to comply with Policy 4.2.1, a condition is
warranted to require the prospective developer to
prepare an erosion control plan ensuring compliance
with erosion control standards for the Tualatin River
basin as part of the grading permit application. The
Council finds that the erosion control standards can
be satisfied at the site.
5. Policy 6.1.1 is satisfied because the City is
obligated to provide for a variety of housing types
and rent levels. This proposed multi-family project
would add to that diversity in a community that is
L predominantly developed with single family residences
at lower densities. The site has been designated for
multi-family development by the Comprehensive Plan
for some time.
6. The landscaping plan satisfies Policy 6.6.1 by
providing suitable building setbacks and landscaping
between this project and the properties designated
for single family development on the east side of SW
109th Avenue. All other properties in the immediate
vicinity are designated for multi-family use.
7. Policy 7.1.2 is met because adequate public water,
sanitary sewer, and storm sewer facilities are
available to serve the proposed development.
Extension of these facilities to or through the site
will be required to be constructed to City and Tigard
Water District standards.
8. In order to satisfy Policy 7.2.1, the applicant will,
as a condition of approval, provide an appropriately
engineered plan for disposing of storm water runoff
from the site in a manner that will not adversely
affect any downstream property owners or
jurisdictions. Based upon the geotechnical evidence
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 24
and agency comments, the Council finds that it is
feasible for the applicant to satisfy this condition.
9. Policy 7.4.4 is met because the entire apartment
complex would be connected to the public sanitary
sewer system.
10. Policies 7.5.2 and 7.6.1 have been satisfied because
the Tigard Police Department and the Tualatin Valley
Fire District have been involved in the review of
this application and have offered comments that have
been incorporated into this report.
11. Policy B.1.1 calls for the provision of a safe and
efficient street system that mee-s current needs and
anticipated future growth and development. This
policy is satisfied because:
a. The main driveway entrance to the development is
proposed to be on the new 109th Ave., a minor
collector street, which is intended to
accommodate the approximately 2000 vehicles per
day that this development is calculated to
generate. Secondary access is provided onto SW
109th Avenue, which will in turn direct traffic
from the development south ontothe new street
or north to SW Canterbury Lane, also a minor
collector. As indicated in the applicant's
traffic report, some traffic will travel south
of SW Naeve Street on SW 109th Avenue if the
street is left open. The proposed segmenting of
both SW Naeve Street and SW 109th Avenue will
largely discourage southbound traffic on SW
109th Avenue through Summerfield.
b. The applicant will be responsible for the
construction of street improvements along the
frontages of the development to City standards.
C. Based upon traffic studies in the record, the
Council concludes that the traffic generated by
the development will be within the capacity of
the adjacent street system. This conclusion
holds true even if 109th Avenue is not
constructed between Naeve Street and Pacific
Highway (Highway 99W) . Naeve Street will have
sufficient capacity to handle safely and
efficiently traffic generated by the development
and any additional traffic from north of the
development that might choose to make use of the
opening of 109th Avenue.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 25
d. Nonetheless, to allay the concerns of area
( residents with respect to the timing of the
construction of the southern portion of the
extension of 109th Avenue, the applicant has
proposed to enter into an agreement with the
City whereby the applicant will contribute
$300,000 to the construction of this portion of
109th Avenue south of Naeve in exchange for a
$300,000 traffic impact fee credit. Appellant
Davenport objected that 109th Avenue has not
been added to Washington County's "base facility
list," to which traffic impact fee credits may
be applied. 109th Avenue, however, has in fact
been added to the list of facilities eligible
for credits /City of Tigard Resolution 91-68,
adopted October 28, 1991) .
12. Policy 8.1.2 is satisfied because the State Highway
Division, the Washington County Department- of Land
Use and 1'rarsportation, and other agencies and
jurisdictions noted above have been involved in the
review of the transportation issues pertaining to
this application.
13. The conditions of approval for this project will
ensure that Policy 8.1.3 Is satisfied because-
a. The development abuts three public streets. The
proposed driveways should provide adequate and
safe access to the proposed development.
b. Sufficient street right-of-way shall be
dedicated as a condition of approval along the
existing SW Naeve Street as well as full right-
of-way dedication being required for the new
collector street through the project.
C. The applicant will be responsible for the
improvement of the new street, SW 109th Avenue,
SW Naeve Street, and SW Pacific Highway abutting
the site in a manner that is consistent with
city and state standards.
d. Due to the location of the project on a street
not served by public transit, a bus turnout is
not necessary.
e. Pa=king spaces for disabled persons will be
provided as required by city and state
standards.
l FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 26
f. The property is not affected by the adopted
bicycle/pedestrian plan for the city.
The Council concludes that the proposal, with minor
modifications that are required to be made prior to
building permit issuance, is consistent with applicable
portions of the Community Development Code based upon the
following findings:
1. Chapter 18.32 (Procedures for Decision Making: Quasi-
rudl =1) =
y4tisfied because the - for
resubmittalofa previously denied application are
satisfied as described? above and because notice and
decision making standards applicable to this type of
review that are included in this chapter have been
followed.
2. Chapter 18.54 (R-12 Zone) is satisfied because the
proposal conforms with use, density, and applicable
dimensional requirements of the R-12 zone.
3. Chapter 18.56 (R-25 Zone) is satisfied because the
proposal conforms with use, density, and applicable
dimensional requirements of the R-25 zone applied to
the western portion of Tax Lot 200.
4. Chapter 18.80 (Planned Development) is satisfied
because the propo3al has been reviewed as required by
the provisions of the Planned Development overlay
zone.
5. Chapter 18.84 (Sensitive Lands) is satisfied because
the development plan_ avoids development of areas of
the site with slopes in excess of 25 percent,
therefore not triggering the Sensitive Lands Review
process for steep slopes. In addition, the site does
not contain any designated drainageways, 100 year
floodplain areas, or wetlands regulated by this Code
chapter. The National Wetlands Inventory maps and
the City of Tigard Wetlands Inventory and Assessment
conducted by Scientific Resources, Inc. do not
indicate the presence of any wetlands on the site.
However, two commenters on the development plan have
identified a small area of surface water that existed
on the site in early April of 1992. City staff have
verified the presence of this wet area. For the
reasons stated above under Policy 3.4.2, the Council
concludes that the issue of whether a wetland present
on the site is not properly before it. Nonetheless,
in o=_^der to resolve any wetlands issues that may be
present, the Councilagrees with the applicant's
suggestion that to add a condition of development
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 27
8
Ww) fta
- - ggq� -
all
approval to require the applicant to have this area
evaluated as to whether it is a wetland and to
satisfy any provisions of Code Chapter 18.84 related
to wetlands. Based on the evidence in the record,
the Council concludes that if a wetland is present,
the wetland likely could be filled with less than 50
cubic yards and under a nationwide permit from the
Corps of Engineers. Accordingly, the wetland likely
would not pose any constraints on the property, and
the applicant could satisfy the requirements of Code
Chapter 18.84.
6. Chapter 18.92 (Density Computations) is satisfied
because the site plan provides an appropriate
calculation of the permitted number of housing units
for the site and the proposed development would
provide fewer than the allowed number of dwelling
units.
7. Chapter 18.96 (Additional Yard Setback Requirements
and Exceptions) is satisfied because the site plan
provides for appropriate distances as required by
this chapter between the proposed multi-family
residential buildings so as to assure privacy to
residents and to also provide adequate light to all
units.
8. Chapter 18.100 (Landscaping and Screening) is
sa•_i.sfied because plans for tree retention and added
landscaping satisfy Code requirements for minimum
site area landscaping, street trees, perimeter
buffering, and vision clearance at intersections.
9. Chapter 18.102 (Vision Clearance Areas) is satisfied
because proposed improvements at driveway/road
intersections are located or sized with respect to
maintaining clear vision for motorists and
pedestrians.
10. Chapter 18.106 (Off-Street Parking) is satisfied
because the site plan satisfies Code requirements for
number of total parking spaces provided, covered
parking spaces, compact/total parking space ratio,
designated handicapped parking spaces, and parking
area lighting.
11. Chapter 18.108 (Access, Egress, and Circulation) is
satisfied because the site plan provides for safe and
efficient access and egress for the proposed use and
forcneral c- "c-1= ion on the si_e. The pian also
provides for adequate and safe pedestrian sidewalks
through the site. The proposed access and internal
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 28
AM
An Alinn
roadway plan provides for adequate emergency vehicle
access and maneuverability through the site.
The proposed development will be provided with an
adequate number of drisreuray accesses to serve the
proposed development, despite not meeting the
required number of access driveway standard of j
18.108.070.D. The road situation affecting this site
dictates a reduction in possible access points on the
streets abutting the site in order to direct traffic
onto higher order roads and in order to
avoid driveways onto the proposed curve of SW 109th
Avenue. The approval criteria for an access variance
are addressed above.
12. Chapter 18.114 (Signs) --;s satisfied with regard to
permitted sign locations. Sign permits must be
obtained prior to the erection of any sign on the
site.
13. Chapter 18.120 (Site De-,>elopment Review) is satisfied
because the site plan generally provides for the
proposed buildings and other site improvements to be
located so as to preserve existing trees and to
minimize alterations to the site topography and
drainage systems. The site plan also situates the
buildings so as to provide for privacy and light for
the proposed dwelling units and to assure
compatibility between the proposed development and
adjacent uses. The proposed recreation center, pool,
and walking trail will provide appropriate
recreational facilities for the development's
residents.
14. Chapter 18.150 (Tree Removal) will be satisfied for
the reasons discussed above and because the applicant
will be required to obtain a tree removal permit
prior to removing trees in preparation for
development. Permits wi 11 be granted only if it is
found necessary to remove the trees to accommodate
structures, driveways, utilities, or other proposed
site improvements. The site plan illustrates trees
within the development that will be retained. A
detailed tree survey and an arborist's report
outlining methods of protection of the trees to be
retained must be submitted prior to the issuance of a
site grading permit or a tree removal permit.
15. Chapter, 18.164 (Street and Utility.Standards) will be
satisfied upon approval of public imp,o=aersen� plans
for and construction of the recommended improvements
to the proposed new Naeve/109th connecting street, SW
FINAL ORDER PDR 91-0006/SDR 91-0013 TRIAD 29
®Mmu
MW us
Naeve Street, SW 109th Avenue, and SW Pacific
Highway.
Approval of public improvement plans is required
prior to the issuance of building permits for the
proposed development.
Although the proposed development will contribute a
substantial amount of traffic to nearby streets, the
additional traffic will not result in the design
capacity of these roads being exceeded or require
additional traffic control measures. The creation
of the 107th-Naeve connecting streei will discourage
traffic from travelling through the Summerfield area,
especially when this street is extended through to
the SW Royalty Parkway/Pacific Highway intersection.
The proposed storm drainage system will collect
stormwater from the portion of the site to be
developed and direct this water to the storm sewer at
the intersection of SW 109th and Naeve. The public
improvement plans will include an analysis of the
anticipated stormwater flow from this area. Drainage
pipes can be and shall be sized accordingly. Total
stormiwater flow from this site to the gest will be
reduced because the on-site storm drainage system
will capture some overland flow that would drain
westward if the site remained undeveloped.
D. DECISION
The Council affirms the Planning Commission's approval of
Planned Development Review PDR 91-0006/Site Development
Review SDR 91-0013 and the associated access variance
subject to the following conditions, as modified by the
Council:
THE FOLLOWING- CONDITIONS SHALL HE SATISFIED BEFORE ANY
TREE REMOVAL, GRADING OR SITE-WORK ON THE SITE.
1. The site plan and landscaping plan shall be revised
to be consistent with Figure 3 of the Wildlife
Habitat Resources Survey report prepared by Fishman
Environmental Services for the proposed site prior to
any tree removal, grading, or site work. STAFF
CONTACT: Jerry Offer, Planning Division.
2. During all construction of the on-site and off-site
improvements, all construction traffic shall travel
to and from the site via the intersection of Naeve
Street and Pacific Highway. Construction vehicles,
�.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 30
a
including employee vehicles, shall not be allowed to
park on Naeve Street, 109th Avenue or within the
public right-of-way.
3. A detailed tree protection plan shall be submitted
for Planning Division approval which includes
locations and types of trees to be removed or
retained, an arborist's recommendation for methods of
protecting retained trees during construction of the
proposed apartments as well as for the long-term
health of these trees. This tree p::-otection plan
shall include at a minimum all trees designated for
retention on the preliminary landscaping plan and
should endeavor to add additional mature trees as
practicable. The trees to be saved shall be
protected during construction by fencing or similar
means approved by the Planning Division. No site
grading, clearing or tree removal shall occur prior
to satisfaction of this condition. STAFF CONTACT:
Jerry Offer, Planning Division, (639-4171) .
4. The landscaping plan shall be revised to provide for
a minimum caliper of 2 inches at planting for all
street trees along public streets abutting the site.
STAFF CONTACT: Jerry Offer, Planning Division (639-
4171) .
t 5. A demolition permit shall be obtained prior to
destruction or moving any of the existing buildings
on the site. If the buildings are on septic tanks,
the tanks shall be pumped out and either removed or
filled with sand or gravel. If the buildings are
connected to sanitary sewers, the lines shall be
capped off in an approved manner. An inspection
shall be obtained after the tank is filled or the
sewer capped. A copy of the receipt for septic tank
pumping shall be provided to the Building Division.
STAFF CONTACT: Brad Roast, Building Division (639-
4171) .
6. The finished grade of cuts or fills shall have a
maximum slope of 2:1, or else a professional engineer
shall certify the stability of any steeper slopes.
Prior to the issuance of building permits, a report
from a registered engineer shall be submitted. The
report shall indicate the location of any fill placed
on building sites, suitability of the soil for
building construction, and soil bearing capacity. In
addition, a grading plan shall be submitted (To the
Engineering Department) showing the existing and
proposed contours. STAFF CONTACT: Brad Roast,
Buildina Division (639-4171).
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 31
UNLESS OTHERWISE NOTED, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED, OR ELSE
COMPLETION SHALS, BE FINANCIALLY ASSURED, PRIOR TO RECEIVING
BUILDING PERMITS. STAFF CONTACT FOR ALL CONDITIONS OF APPROVAL
IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT UNLESS OTHERWISE
NOTED.
7. Two (2) sets of detailed public improvement plans
shall be submitted for preliminary review to the
Engineering Division. Seven (7) sets of approved
drawings and one (1) itemized construction cost
estimate, all prepared by a Professional Engineer,
shall be submitted for final review and approval
(NOTE: these plans are in addition to any drawings
required by the Building Division and should only
include sheets relevant to public improvements).
8. Standard half-street improvements, including concrete
sidewalk, curb, storm drainage, and streetlights
shall be installed along the Pacific Highway
frontage. Improvements shall be designed and
constructed to State Highway Division standards and
shall conform to the alignment of existing adjacent
improvements or to an alignment approved by the
Oregon State Highway Division. A copy of the
approved plans shall be provided to the City
Engineering Division prior to issuance of a Public
Improvement Permit.
9. The applicant shall obtain a permit from the State of
Oregon Highway Division, to perform work within the
right-of-way of Pacific Highway. A copy of the
permit shall be provided to the City Engi-neering
bivision prior to issuance of a Public Improvement
Permit.
10. Sanitary sewer and storm drainage details shall be
provided as part of the public improvement plans.
Calculations and a topographic map of the storm
drainage basin and sanitary sewer service area shall
be provided as a supplement to the public improvement
plans. Calculations shall be based on full
development of the serviceable area. The location
and capacity of existing, proposed, and future lines
shall be addressed.
11. The applicant shall demonstrate that storm drainage
runoff can be discharged into the existing
drainage-Rays without significantly impacting
properties downstream.
FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 32
12. The proposed privately-operated and maintained
( parking lot and/or roadway plan-profile and cross
section details shall be provided as part of the
public improvement plans.
13. An erosion control plan shall be provided as part of
the improvement drawings. The plan shall conform to
"Erosion control Plans - Technical Guidance Handbook,
November 1989."
14. Prior to the receipt of building permits, a
delineation of wetland boundaries, if any, on the
site shall be completed by the applicant, and, if
necessary, applicable provisions of Section 18.84
(Sensitive Lands) shall be met prior to issuance of
such permits.
15. At all parking lot entrances, a minimum of 20 feet
between the public sidewalk and the first parking
stall shall be maintained.
16. There shall be no vehicle connection between Old
109th and New 109th. A turnaround, i.e. hammerhead
meeting the city's and fire department's approval
shall be provided at the end of Old 109th. No other
improvements shall be required north of the
intersection of Old 109th and Naeve Street.
17. Naeve Street shall be realigned at Old 109*•h to
intersect old 109th at approximately a 90-degree
angle, and shall conform to the alignment shown on
the submitted preliminary plans. The existing south
curb shall be reconstructed to match the new
alignment. NOTE: Old 109th shall be considered from
the existing intersection of SW Naeve/109th; New
109th Shall be considered from the new intersection
of S.W. Naeve to where it intersects with the
existing 109th in the northeast corner of the
development
18. S.W. Naeve Street shall be improved in the followi-ng
manner (NOTE: All stationing is taken from the
preliminary submitted plans):
A. Full street improvements, meeting local
street standards, shall be provided from
STA. 2+37 to STA. 7+00. Full width street
improvements shall include traffic control
devices, concrete sidewalks, driveway
aprons, curbs, asphaltic concrete pav`inert,
sanitary sewers, storm drainage,
streetlights, and underground utilities.
C_ FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 33
Mai
B. Two-thirds street improvements, meeting
local :street standards, shall be provided
from STA. 7+00 to STA. 14+59. Two-thirds
street improvements shall include concrete
sidewalk, drive-way apzosis, curb, asphaltic
concrete pavement, sanitary sewer, storm
drainage, streetlights, underground
utilities, and interim improvements to
maintain traffic flow in the eastbound
lane.
19. S.W. 109th Avenue shall be improved in the following
manner (NOTE: All stationing is taken from the
Preliminary submitted plans):
A. Full street improvements, meeting minor
collector street standards, shall be
provided from STA. 10+00 to STA. 19+20.
Full width street improvements shall
include traffic control devices, concrete
sidewalks, driveway aprons, curbs,
asphaltic concrete pavement, sanitary
sewers, storm drainage, streetlights, and
underground utilities.
B. Two-thirds street improvements, meeting
minor collector street standards, shall be
provided from STA. 19+20 to STA. 27+80.
Two-thirds street improvements shall
Include concrete sidewalk, driveway aprons,
curb, asphaltic concrete pavement, sanitary
sewer, storm drainage, streetlights,
underground utilities, and interim
.Lmprovements to maintain traffic flow in
the northbound lane.
C. The City Engineer may approve reduced lane
widths within that portion of New 109th;
between STA. 10+00 to STA. 28+00.
20. The applicant shall be required to do the following
with respect to the storm sewer, system:
A. The existing pipe to be connected to in
109th Avenue should be evaluated to
determine if it has adequate capacity to
handle ultimate development of the entire
drainage basin;
E That the on-site water quality facility
shall meet current Unified Sewerage Agency
( design standards and that it shall be the
1. FINAL ORDER - PDR 91-0005/Sag{ 91-0013 TRIAD
34
-=---
responsibility of the owners of the site to
maintain such facilities; and
C. Design the system(s) so that there is a
clear delineation between the private and
public systems.
21. The applicant shall be required to dedicate the
following right-of-wav (NOTE: 8tat?oning, 4^ bazad i;.
preliminary plans as submitted to the Planning
Department):
A. S.W. Naeve Street:
(1) From STA. 2+00 to STA. 74-00 - 50 feet
Of R.O.W., i.e.,25 feet either side of
the new center line alignment;
(2) From STA. 7+00 to 14+58 - 25 feet of
R.O.W., 25 feet from centerline;
R. Old S.W. 109th Avenue:
(1) Provide R.O.W. for the hammerhead
turnaround.
C. New S.W. 109th Avenue:
(1) From STA. 10+00 to STA. 19+20 - 60
feet of R.O.W.; 30 feet either side of
the new centerline;
(2) From STA. 19+20 to STA. 27+28 - 30
feet of R.O.W.; 30 feet either side of
the new center line alignanent.
22. Prior to the issuance of building permits, the
developer and the City shall enter into an agreement
substantially similar to the draft agreement proposed
by Triad and attached to this approval. Final
wording of the agreement shall be reviewed and
approved by the City Attorney. STAFF CONTACT: Randy
Wooley, City Engineer.
t, FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 35
Mwy am MEW - _
PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR A-NY NEW
d BUILDINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE
POSTED GT3AEANTEF.ING C011PLETIOR OF THE NECESSARY
IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE
ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT.
23. All landscaping materials and other proposed site
improvements shall be installed as per the revised
landscaping and site plans. STAFF CONTACT: Jeffry
Offer; Planning Division (639-4171)
24. A sign permit shall be obtained from the Planning
Division prior to the erection of an identification
sign. Sign location and size must be in accordance
with the provisions of Section 18.114 of the
Community Development Code.
APPROVAL SHALL BE VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTI•IS OF THE FINAL APPROVAL DATE.
l
(. FINAL ORDER - PDR 91-0006/SDR 91-0013 TRIAD 36
-BID c�
�!inni - - —_
CL�LtLdlPe�z%� .t�.Y �
ROAD IMPROVEMENTGREEMENT
This Agreement is made this day of
19_, by and between TRIAD TIGARD LIMITED PARTNERSHIP, a
Washington limited partnership, hereinafter referred to as
"Triad" and the CITY OF TIGARD, hereinafter referred to as the
"City."
WHEREAS Ordinance No. 91-22 of the Tigard City
Council approved an amendment to the Tigard Comprehensive Plan
Transportation Map providing for the realignment and extension
of SW 109th Avenue to intersect Pacific Highway opposite the
existing intersection of Royalty Parkway and designating
SW 109th Avenue as a minor collector street.
WHEREAS Ordinance No. 91-22--has been appealed to the
Oregon Land Use Board of Appeals_
WHEREAS Resolution No. 91-68 of the Tigard City
Council found that the purpose of the proposed extension of
SW 109th Avenue between Naeve Street and Pacific Highway is to
mitigate traffic impacts of future development on the
surrounding street system, including Pacific Highway and that
the portion of the proposed extension of SW 109th Avenue
between Naeve Street and Pacific Highway should be designated
1 as an eligible facility and an eligible project under the
Washington County Traffic Impact Fee Ordinance and requested
that Appendix "D" (Base Report) of the Washington County
Traffic Impact Fee Ordinance No_ 379 be amended to include the
portion of SW 109th Avenue extension between Naeve Street and
Pacific Highway as an eligible facility in Table 2 of the Base
Report and as an eligible project in Table 4 of the Base
Repert_
WHEREAS the City of Tigard desires to commence
construction of the extension of the SW 109th Avenue between
Naeve Street and Pacific Highway during the spring of 1992_
WHEREAS the City Engineer for the City of Tigard
estimates the cost of construction of the portion of the
SW 109th Avenue extension between Naeve Street and Pacific
Highway to be approximately $900,000_
WHEREAS the Tigard City Council, on October 28, 1991,
approved a budget authorizing the expenditure of $300,000 in
fiscal year 1991-92 for the improvement of the extension of
SW 109th Avenue between Naeve Street and Pacific Highway.
WHEREAS it is anticipated that the City of Tigard
Transportation Advisory Committee will recommend a budget
authorizing the expenditure of an additional $300,000 in fiscal
i
Y-PP13<O
.,ca
year 1992-93 for the improvement of the extension of SW 109th
Avenue between Naeve Street and Pacific Highway.
WHEREAS Final Order Pio. 91-11 PC of the City of
Tigard Planning Commission approved, subject to conditions, an
application for Planned Development Review Detailed Development
Plan Approval, Site Development Review Approval, and Access
Variance Approval requested by Triad for the development of a
348-unit, 17 building multi-family residential complex on 26.2
acres of property located at 11165-11185 SW Naeve Street.
WHEREAS Final Order No. 91-11 PC of the City of
Tigard Planning Commission has been appealed to the Tigard City
Council and the Tigard City Council has affirmed Final Order
No. 91-11 PC and eliminated the condition in Final Order
No. 91-11 PC which requires Triad to provide interim
improvements on-Naeve Street from the realignment of Naeve
Street west to the Pacific Highway-
WHEREAS the Washington County Traffic Impact fee
Ordinance (TIF) imposes a tax of approximately $292,960 on
Triad's development.
WHEREAS the Washington County Traffic Impact Fee
ordinance (TIF) entitles a developer to a credit against the
tax for constructing eligible capital improvement.
WHEREAS the City Engineer of the City of Tigard has
determined that the extension of SW 109th Avenue between Naeve
Street and Pacific Highway is within the impact area of Triad's
development_
WHEREAS the City Engineer of the City of Tigard has
determined that the timing, location, design and scope of the
extension of SW 109th Avenue between Naeve Street and Pacific
Highway is consistent with and furthers the objectives of the
capital improvements program of. the City of Tigard.
WHEREAS Triad desires to participate in the
construction of the extension of SW 109th Avenue between Naeve
Street and Pacific Highway and to receive a credit against the
TIF tax for such construction.
WHEREAS City desires for Triad to participate in the
construction of the extension of SW 109th Avenue between Naeve
Street and Pacific Highway.
WHEREAS the parties desire to resolve the terms of
Triad's participation in the construction of the extension of
SW 109th Avenue between Naeve Street and Pacific Highway and to
otherwise set forth their respective requirements and
obligations thereto.
r
-PP1J<0 2
NOW, THEREFORE, in consideration of the mutual
promises and stipulations set forth herein, it is agreed
between the parties as follows:
1. Construction of Road Improvements.
Triad agrees to participate in the construction of
the extension of SW 109th Avenue between Naeve Street and
Pacific Highway on the terms and conditions set forth in this
Agreement. -
2. Participation_.
Triad agrees to pay $300,000 of the cost of
constructing the extension of SW 109th Avenue_between Naeve
Street and Pacific Highway.
3. Preconditions to Participation-
Triad's obligation to participate is conditioned upon
(i) the expiration of all periods for further appeal of the
affirmance of Final Order No. 91-11 PC by the Tigard City
Council; (ii) the expiration of all periods for appeal of the
elimination by the Tigard City Council of the condi tion in
Final Order No. 91-11 PC which requires Triad to provide
interim improvements on Naeve Street from the realignment of
Naeve Street west to the Pacific Highway; and (iii) -the
ultimate affirmance of Ordinance No. 91-22 and the expiration
of all periods for further appeal of .such affirmance. If the
foregoing conditions are not satisfied, this Agreement shall
terminate and all obligations of the parties under this
Agreement will thereafter cease.
4. Deposit in Escrow.
Triad shall deposit a pro rata portion of the
$300,000 in escrow upon receipt of all required permits for
each building in Triad's development to be held in accordance
with the terms of this Agreement. The pro rata portion shall
be based on the ratio that the value of such building (as set
forth in the permit application) bears to the value of all
buildings constructed and to be constructed in the development.
Notwithstanding the foregoing. Triad shall deposit the entire
$300,000 in -escrow prior to the issuance o7- a certificate of
occupancy for any building in Triad's development.
5_ Escrow. -
Triad shall deposit the $300,000 in escrow with
Title Insurance Company (the "Escrow") at its offices
in , Oregon or at such other place as the parties may
3
T_??17cO
( mutually select. Escrow shall deposit the $300,000 in an
interest-bearing account with interest accruing to Triad. The
parties shall execute joint instructions to escrow directing it
to disburse the funds in accordance with the provisions of this
Agreement. Triad shall pay the escrow fee.
6. Participation.
The city of Tigard shall use the $300,000 solely for
the purpose of constructing the extension of SW 109th Avenue
between Naeve Street and Pacific: Highway. The City shall spend
such funds only on improvements which are eligible for credit
under the Washington County Traffic Impact Fee Ordinance (TIF).
Escrow shall disburse the $300,000 to City upon presentation of
invoices by the City, certified by the City Engineer as
accurate, for the cost of constructing credit-eligible
improvements to the onxtensi.on of SW 109th Avenue between Naeve -
Street and Pacific Highway. Credit-eligible improvements may
include right of way acquisition costs and survey, engineering
and inspection costs as provided in the Washington County
Traffic Impact Fee Ordinance (TIF)
7. Credit.
The City shall grant Triad a credit against the tax
due on Triad's development under the Washington County Traffic
-� Impact Fee Ordinance in the amount of $300,000 for Triad's
participation in the construction of the extension of SW 109th
Avenue between Naeve Street and Pacific Highway pursuant to
this Agreement. The City shall direct the City Engineer to
grant Triad such credit in accordance with the terms of this
Agreement.
8. Default.
If either party defaults under this agreement the
other party shall be entitled to such remedies for breach of
contract that may be available under applicable law including
without limitation the remedy of specific performance.
9. Miscellaneous Provisions.
9.1 Attorneys' Fees. In the event suit or action is
instituted to interpret or enforce this Agreement, the
prevailing party shall be entitled +_o recover from the other
party such sums as the court may adjudge reasonable as
attorneys' fees at trial or on any appeal, and on any petition
for review, in addition to all other sums provided by law.
9.2 Time of Essence. Time is of the essence of each
and every provision of this Agreement.
I-PP1340 4
9.3 Notices. Notices under this Agreement shall be
in writing and shall be effective when per
delivered, c
if mailed, upon deposit as certified mail, postage 'prepaid, L
directed to the other party at the address shown below. Either
party may change its address for notices by written notice to
the other.
Triad: Triad Tigard Limited Partnership
city: City of Tigard
9.4 Binding Effect- T Agreement shat
i his A,reem____ be minding
upon and inure to the benefit of the parties ,and��their
respective successors and assigns.
9.5 Changes in Writing. This Agreement and any of
its terms may only be changed, waived, discharged or terminated
by a written instrument signed by the party against whom
-enforcement of the change, waiver, discharge or termination is
sought.
9.6 Authority. The persons who have executed this
C Agreement have been duly authorized to do so by the party. The
party has a good and legal right to enter into this Agreement
and to perform all covenants of the party contained in this
Agreement in accordance with its terms.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed in duplicate as of the day and year
first above written.
Triad: Triad Tigard Limited Partnership
a Washington limited partnership
By
Title: General Partner
City: City of Tigard
13y
Title
T-PP1340 5
Cvu��cC �c�tiK2c32.���
2 ��Qf✓UM� �C V �o
ROAD IMPROVE14ENT AGREEMENT 1
This Agreement is made this day of
19_, by and between TRIAD TIGARD LIMITED PARTNERSHIP, a
Washington limited partnership, hereinafter referred to as
Zriad" and the CITY OF TIGARD, hereinafter referred to as the
ity-"
WHEREAS Ordinance No. 92-07 of the Tigard City
Council approved an amendment to the Tigard Comprehensive Plan
Transportation Map providing for the realignment and extension
of SW 109th Avenue to intersect Pacific Highway opposite the
existing intersection of Royalty Parkway and designating
SW 109th Avenue as a minor collector street.
19AER AS Resolution No. 91-68 of the Tigard City
Council found that the purpose of the proposed extension of
SW 109th Avenue between Naeve Street and Pacific Highway is to
mitigate traffic impacts of future development on the
surrounding street system, including Pacific Highway and that
the portion of the proposed extension of SW 109th Avenue
between Naeve Street and Pacific Highway should be designated
as an eligible facility and an eligible project under the
Washington County Traffic Impact Fee Ordinance and requested
that Appendix I'D" (Base Report) of the Washington County
Traffic Impact Fee Ordinance No. 379 be amended to include the
portion of SW 109th Avenue extension between Naeve Street and
Pacific Highway as an eligible facility in Table 2 of the Base
Report and as an eligible project in Table 4 of the Base
Report.
WHEREAS the City of Tigard desires to commence
construction of the extension of the SW 109th Avenue between
Naeve Street and Pacific Highway during the spring of 1992.
WHEREAS the City Engineer for the City of Tigard
estimates the cost of construction of the portion of the
SW 109th Avenue extension between Naeve Street and Pacific
Highway to be approximately $800,000.
WHEREAS the Tigard City Council, on October 28, 1991,
approved a budget authorizing the expenditure o£ $300,000 in
fiscal year 1991-92 for the improvement of the extension of
SW 109th Avenue between Naeve Street and Pacific Highway.
WHEREAS it is anticipated that_the City of Tigard
Transportation Advisory Committee will recommend a budget
authorizing the expenditure of an additional $200,000 in fiscal
year 1992-93 for the improvement of the extension of SW 109th
Avenue between Naeve Street and Pacific Highway.
Y-PP1340
cam
ik'HEREAS Final Order No. 91-11 PC of the City of
Tigard Planning Commission approved, subject to conditions, an
application for Planned Development Review Detailed Development
Plan Approval, Site Development Review Approval, and Access
Var3iance Approval requested by Triad for the development of a
348-unit, 17 building multi-family residential complex on 26.2
acres of property located at 11165-11185 SW Naeve Street.
WHEREAS Final Order No. 91-11 PC of the City of
Tigard Planning Commission has been appealed to the Tigard City
Couracil and the Tigard City Council has affirmed Final Order-
No.
rderNo. 91-11 PC and eliminated the condition in Final Order
No. 91-11 PC which requires Triad to provide interim
improvements on Naeve Street from the realignment of Naeve
Street west to the Pacific Highway.
WHEP.EAS the Washington County Traffic Impact fee
Ordinance (TIF) imposes a tax of approximately $292,960 on
Triad's development.
WHEREAS the Washington County Traffic impact Fee
Ordinance (TIF) entitles a developer to a credit against the
tax for constructing eligible capital improvement.
WHEREAS the City Engineer of the City of Tigard has
determined than the extension of SW 109th Avenue between Naeve
Street and Pacific Highway is within the impact area of Triad's
development.
WHEREAS the City Engineer of the City of Tigard has
determined that the timing, location, design and scope of the
extension of SW 109th Avenue between Naeve Street and Pacific
Highway is consistent with and furthers the objectives of the
capital improvements program of the City of Tigard.
WHEREAS Triad desires to participate in the
construction of the extension of SW 109th Avenue between Naeve
Street and Pacific highway and to receive a credit against the
TSF tax for such construction.
WHEREAS City desires for Triad to participate in the
construction of the extension of SW 109th Avenue between Naeve
Street and Pacific Highway.
WHEREAS the parties desire to resolve the terms of
Triad's participation in the construction of the extension of
SW 109th Avenue between Naeve Street and Pacific Highway and to
othcaxwlse set forth their respective requirements and
obligations thereto.
C
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11,11RI! :J111illil,ill 11
NOW, THEREFORE, in consideration of the mutual
promises and stipulations set forth herein, it is agreed
between the parties as follows:
1. Construction of Road Tmnrovements.
Triad agrees to participate in the construction of
the extension of SW 109th Avenue between Naeve Street and
Pacific Highway on the terms and conditions set forth in this
Agreement.
2. Participation.
Triad agrees to pay $300,000 of the cost of
constructing the extension of SW 109th Avenue between Naeve
Street and Pacific Highway.
3. Preconditions to Participation.
Triad's obligation to participate is conditioned upon
(i) the expiration of all periods for further appeal of the
affirmance of Final Order No. 91-11 PC by the Tigard City
Council; (ii) the expiration of all periods for appeal of the
elimination by the Tigard City Council of the condition in
Final Order No. 91-11 PC which requires Triad to provide
interim improvements on Naeve Street from the realignment of
C Naeve Street west to the Pacific Highway; and (iii) the
ultimate affirmance of Ordinance No. 92-07 and the expiration
of all periods for further appeal of such affirmance. If the
foregoing conditions are not satisfied, this Agreement shall
terminate and all obligations of the parties under this
Agreement will thereafter cease.
4. Deposit in Escrow.
Triad shall deposit a pro rata portion of the
$300,000 in escrow upon receipt of all required permits for
each building in Triad's development to be held in accordance
with the terms of this Agreement. The pro rata portion shall
be based on the ratio that the value of such building (as set
forth in the permit application) bears to the value of all
buildings constructed and to be constructed i.. the development.
Notwithstanding the foregoing, Triad shall deposit the entire
$300,000 in escrow prior to the issuance of a certificate of
occupancy for any building in Triad's development.
5. Escrow.
Triad shall deposit the ^.x300,000 in escrow with Ticor
Title Insurance Company (the 0°Escrow") at its offices in
Tigard, Oregon or at such other place as the parties may
C mutually select. Escrow shall deposit the $300,000 in an
T-PP1340 3
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interest-bearing account with interest accruing to Triad. The
parties shall execute joint instructions to escrow directing it
to disburse the funds in accordance with the provisions of this
Agreement. Triad shall pay the escrow fee.
6. Par ticioation.
The City of Tigard shall use the $300,000 .solely for
the purpose: of constructing the extension of SW 109th Avenue
between Naeve Street and Pacific Highway. The City shall spend
such funds :ly on i pro a-meats which are eligible for credit
under the Washington County Traffic Impact Fee ordinance (TIF) .
Escrow shall disburse the $300,000 to City upon presentation of
invoices by 'the City, certified by the City Engineer as
accurate, for the cost of constructing credit-eligible
improvements to the extension of SW 109th Avenue between Naeve
Street and Pacific Highway. Credit-eligible improvements may
include right of way acquisition costs and survey, engineering
and inspection costs as provided in the Washington County
Traffic Impact Fee ordinance (TIF).
7. Credit.
Tie City shall grant Triad a credit against the tax
due on Triad's development under the Washington County Traffic
Impact Fee ordinance in the amount of $300,000 for Triad's
participation in the construction of the extension of SW 109th
Avenue between Naeve Street and Pacific Highway pursuant to
this Agreement_ The City shall direct the City Engineer to
grant Triad such credit in accordance with the terms of this
Agreement.
8. Default.
If either party defaults under this agreement the
other party shall be entitled to such remedies for bleach of
contract that may be available under applicable laws including
without limitation the remedy of specific performance.
9. Miscellaneous Provisions.
9.1 Attorneys, Fees. In the event suit or action is
instituted to interpret or enforce this Agreement, the
prevailing party shall be entitled to recover from the other
party such sums as the court may adjudge reasonable as
attorneys' fees at trial or on any appeal, and on any petition
for review, in addition to all other sums provided by law.
9.2 Time of Essence. Time is of the essence of each
and every provision of this Agreement.
9.3 Notices. Notices under this Agreement shall be
in writing and shall be effective when personally delivered, or
S-PP1340 Q.
if mailed, upon deposit as certified mail, pottage prepaid,
directed to the other party at the address shote below. Either
party may change its address for notices by written notice to
the other.
Triad: Triad Tigard Limited Partnership
City: City of Tigard
9.4 Binding Eff ct . This Agreement shall be bindin `
uaon and inure to the benefit of the
respective successors and assigns. parties and their
9.5 Changes In writing. This Agreement and any of
Its terms may only be cha_ncred, waived, discharged or terminated
by a written instrument signed by the party against whom
enforcement of the change, 'waiver, discharge or termination is
sought,
9-6 Authority. The persons who have executed this -
Agreement have been duly authorized to do so by the party. The
party has a good and legal right to enter into this ,Agreement
and to perform all covenants of the party contained in this
Agreement in accordance with its terms.
IN WITNESS WHEREOF, the parties have caused this-
Agreement to be executed in duplicate as of the day and year
first above written.
Triad: Triad Tigard Limited Partnership
a Brassington limited partnership
I
By
Title. General Partner
City: City of Tigard
By
Title
x
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