Resolution No. 93-19 =7M
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CITY OF TIGARD, OREGON
RESOLUTION NO. 93-_a-
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW
OF A PLANNING COMMISSION DECISION TO APPROVE THE VISTA POINT
SUBDIVISION/PLANNED DEVELOPMENT APPLICATION (SUB 92-0005, PDR 92-0003,
SLR 92-0002, VAR 92-0010) PROPOSED BY MATRIX DEVELOPMENT.
WHEREAS, the Planning Commission reviewed this case at its meeting of
June 22, 1992; and approved the application subject to certain
conditions of approval (Planning Commission Final Order 92-04 PC); and
WHEREAS, the City Council voted on June 23, 1992 to review the ^l' ping
Commission decision relative to requiring extension and construction of
SW Gaarde Street to the subject property's north boundary; and
WHEREAS, the City Council held a public hearing to review the issue at
its meeting of July 28, 1992; and
WHEREAS, the City Counncil voted on July 28, 1992 to uphold the Planning
Commission decision with revisions to the conditions of approval which
require extension and construction of SW Gaarde Street to the subject
property's north boundary (Resolution No. 92-43 and Final Order); and
WHEREAS, the applicants have appealed that decision to the Oregon Land
Use Board of Appeals; and
WHEREAS, the City withdrew the July 28, 1992 decision and has
' reconsidered the application, staff recommendation, and comments at a
public hearing on April 27, 1993; and
WHEREAS, the City Council voted on April 27, 1993 to uphold the Planning
Commission decision with revisions to the conditions of approval which
require extension and construction of SW Gaarde Street to the subject
property's north boundary, with certain limitations on the amount of
improvements, as well as revisions to the final order concerning
greenway dedication and internal street improvements;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1:" The Planning Commission's decision approving the Vista
Point subdivision (SUB 92-0005, PDR 92-0003, SLR 92-0002,
VAR 92-0010) is hereby upheld with changes in conditions
and findings to require the developer to extend and
construct SW Gaarde Street beyond Lot 52 to a point 140
feet south of the northern boundary of the proposed
development site with Phase II of the subdivision, as
well as changes in other conditions concerning greenway
dedication and internal subdivision. streets.
Section 2: This resolution is based on the facts, findings,
conclusions and conditions of approval noted in the
attached Final Order, (Exhibit "A").
RESOLUTION NO. 93- � I
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PASSED: This day o Q2
1993.
Mayor - City of Tigard
ATTEST: L n
y
City Recorder - City of Tigd3M
RESOLUTION NO. 93-
Page 2
�- EXHIBIT opts
CITY OF TIGARD CITY COUNCIL
FINAL ORDER
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH INCLUDES FINDINGS AND
CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A 64 LOT SUBDIVISION/PLANNED
DEVELOPMENT FOR A 33.8 ACRE SITE. THE REQUESTS ARE MADE BY MATRIX DEVELOPMENT.
The Tigard Planning Commission reviewed the above-described applications at a
public hearinc on June 22, 1992. The City Council called the Commission's
decision up for review at the Council's July 28, 1992 meeting. The Council
reviewed and affirmed the Commission's approval of these applications with
modifications related to the applicant's responsibilities for constructin street
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I. SUMMARY OF THE REQUEST
' CASE:
Subdivision SUB 92-0005
Planned Development Review PDR 92-0003
Sensitive Lands Review SLR 92-0002
Variance VAR 92-0010
SUMMARY: The applicant requests Subdivision preliminary plat/Planned -
Development conceptual plan approval to divide a 33.81 acre parcel
into 64 lots ranging in size between approximately 7,000 and 21,950
square feet. Two private open space tracts totalling 6.78 acres are
also proposed.
Sensitive Lands Review approval is requested to allow home
construction, road development, and utility construction on slopes
in excess of 25 _percent and to allow utilityconstruction with! a
drainageway.
A Variance has been requested to Community Development Code Section
18.164.030.M.1 to allow an approximately 200 foot long stretch of a
proposed local street to have a gradient of approximately 14 percent 3
whereas the Code permitted maximum grade for local streets is 12
percent.
APPLICANT/OWNER: Matrix Development -
7160 SW Hazelfern Road
Tigard, OR 97224
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ADDITIONAL OWNER:Quaestor, Inc.
1990 SW Bundy Avenue, Suite 725
Los Angeles, California 90025
REPRESENTATIVE: OTAK Inc. (David Bantz)
17355 SW Boones Ferry Road
Lake Oswego, OR 97035
PLAN DESIGNATION:Low Density Residential
ZONING: R-4.5(PD) (Residential, 4.5 units/acre, Planned Development
Overlay)
LOCATION: West of the intesrsection Of SW 121st Avenue and SW Gaarde Street.
(WCTM 2S1 3CC, Tax Lot 401 and eastern portion of WCTM 231 4, Tax
lot 1400).
APPLICABLE LAW: Community Development Code Chapters 18.50: 18.80, 18.84, '_8.88,
18.92, 18.150, 18.160, 18.162, 18.164 and Comprehensive Plan
Policies 2.1.1, 3.1.1, 3.4,2,3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4,
7.6.1, 8.1.1, and 8.1.3.
DECISIGN: Approval of the Subdivision/Planned Development Review requests as
well as the associated Variance and Sensitive Lands Review requests.
Approval is subject to several conditions of approval listed at the
end of this order.
II. FINDINGS ABOUT SITE AND sURROUNDSNGS
A. site size and shave:
Tax lot 401 is 7.7 acres and has approximately 330 feet Of frontage along
SW Gaarde Street. The property extends approximately 805 feet to the
west. Tax lot 1400 is immediate)
includes 40 acres in a square shape est The of t ro lot 401. Tax Lot 1400
include approximately the eastern two-thirds of taxa lot 1400ed `,1 as wouldsion
all of tax lot 401. wellas
B. Site location:
e
The site extends westward from the intersection of SW 121st Avenue and SW
Gaarde Street. The northeastern-moat portion of the proposed subdivision
is approximately 450 feet east ofEenchview Estates Subdivision and the
present terminus Of SW 132nd Avenue.
C. Existi}io uses and structures:
The site is presently vacant. Tree cover consisting of a mixture of
evergreen and deciduous species is found on the western half of the site.
Meadow and orchard land occupies most of the eastern half of the site.
The applicants exhibit 3 (last page of the applicants statement booklet)
includes a tree inventory for areas that would be directly affected by the
development proposal.
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D. Topoaraphv and drainage:
The property elopes generally from the south to the north. The steepest
slopes occur in the south to north ravine in the center of Tax Lot 1400.
Grades in these areas are approximately 40 percent. Grades on the
remainder of the site are in the 2 percent to 25 percent range. (See
applicant's site analysis man at exhibit B).
E. Surrounding land uses:
The areas to the east and northeast of the site are generally single
family homes on lots larger than the minimum lot sizes of their zones,
although limited redevelopment potential exists in these areas at this
time due to the lack of sanitary sewers in this area. The western half of
tax lot 1400 is a rather steep property that is heavily wooded. The
Planning Commission has previously approved a separate subdivision
application (SUB 91-0009) for a 52 lot subdivision on the western half of
tax lot 401 (Mountain Highlands subdivision). No development activity is
occurring on this property. The Benchview Estates subdivision, phaseaa I
and II (to be developed) are further west. Large parcels that are
generally undeveloped lie to the north.
i
F. Plan deaignation and zoning:
All surrounding properties are designated for Low Density Residential
development by the Comprehensive Plan map. Properties to the north and
northeast are within Washington County, but are within the City of
Tigard's area of interest for planning purposes. Existing zoning of
surrounding properties is illustrated on the vicinity map attached to this
report.
G. Proposed use:
The applicant proposes to subdivide the site into 64 single family
residential lots ranging in size from 7,000 square feet to 21,950 square
feet as shown on Exhibit A. Two development phases are proposed: 35 lots
in phase I and 29 lots in phase II. In general, the smaller parcels are
located along the eastern edge of phase II (lots 24-34). The applicant
proposes leaving the steep ravine areas on tax lot 4100 as private open
space area (Tracts A and B). The only disturbances proposed in these
areas are for sanitary and storm sewer construction.
H. Public service and utilities:
The preliminary utility plan (applicant's exhibit D) proposes that the
subdivision be served by development of awater main network from the.
existing water main at the intersection of SW 121st Avenue and SW Gaarde
Street and another main on the southern edge of the site.
Public storm sewers are proposed within the streets throughout the
proposed subdivision with four separate outlets, including one outlet to
the existing ditch on the south side of Gaarde Street east of the proposed
subdivision. No treatment of storm drainage is proposed..
Sanitary sewers are proposed to be extended through the site from 1) an
existing sewer in Gaarde Street (this extension is proposed to serve
proposed lots 1-15 and 58-60) and 2) from a planned but as yet to be
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conatructe3 sewer to extend from the northern edge of the site to an
existing sewer in SW Walnut Street (this sewer is proposed to serve the
remainder of rhe propcead lot&). Exhibit D illustrates possible future
extensions of this sewer within proposed Tract C to serve other nearby
properties.
I. Access and nearby streets:
The proposed development would be provided with access from an extension
Of SW Gaarde Street from its intersection with SW 121st Avenue.
Jurisdiction for SW Gaarde Street lies with both the City of Tigard and
Washington County. SW Gaarde isfunctionally classified as _ major
collector street. Current pavement on Gaarde is approximately 24 feet in
width from this point eastward to SW Pacific Highway. No sidewalks are
provided along SW Gaarde and streetlights are few. There are no current
plans for widening or improvements to SW Gaarde Street in the near future
other than the current project for realignment of Gaarde with SW Pacific
Ligh ay and -;pravG---G In ....a arca of t.-.at minters- ion.
SW 121st Avenue abuts the subject property for approximately 330 feet
along the property's eastern Bide. SW 121st Avenue in this area is under
the jurlsdict i.on of Washington County. SW 121st Avenue is also a major
collector street with approximately 24 feet of pavement, open ditches, few
I streetlights, and no sidewalks. There are no current plans for widening
or improvements to this section of SW 121st Avenue.
In general, the proposed subdivision would consist of a local street
paralleling the collector street extension of SW Gaarde, with two streets
stubbed to the property to the north and east. In addition, four lots
would be located off of an eyebrow street widening on the west side of the
- Gaarde extension. The proposal also includes stubbing the Gaarde Street
extension at the western end of phase I, although right-of-way would be
dedicated for the further extension of this street. Right-of-way would be
rough graded for street construction in areas abutting lots 46-52.
Preliminary street sections on exhibit D indicate that local streets
within the subdivision would be fully developed with 34 feet of pavement.
The proposed SW Gaarde extension would include 40 feet of pavement. The
applicant's statement indicates that the streets within the proposed
development will be developed consistent with the standards of Community
Development Code Chapter 18.164, except that a variance has been requested
to Community Development Code Section 18.164.030.M.1 to allow an
approximately 200 foot long stretch of a proposed local street to have a
gradient of approximately 14 percent whereas the Code permitted maximum
grade for local streets is 12 percent. The portion of street for which
the variance is requested is the proposed north-south local street
abutting lots 16, 17, and 20-21. The applicant's statement at Section VI
addresses the subdivisionvariance criteria of Code Section 18.160.120.
J. Previous aonl ications affecting this Parcel:
Two separate subdivision applications were submitted in the fall of 1990
for development of both parcels involved in the current application, as
well as an adjacent parcel to the west (SUB 90-0011/PDR 90-0007 and SUB
90-0012/PDR 90-0008). Both applications were withdrawn prior to hearings
on the requests. In September 1991, the planning Commission approved the
subdivision plan for the 52 lot Mountain Highlands subdivision on the
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western portion of tax lot 1400. That decision also approved the
(r partitioning of tax lot 1400 into two oarcelaz the area involved in the
Mountain Highlands subdivision and the area involved in the current
subdivision application. Neither the partition or subdivision plats have
yet been recorded.
III. APPL2CABLS APPROVAL STANDARDS
The approval criteria for a Pln
anad Development are found at Code Section
18.80.120. The approval standards for a preliminary subdivision plat are lieted
at Code Section 18.160.060.A. The hearings authority may grant variances to
Community Development Cade standards if the variance approval criteria of Code
Section 18.160.120.8 are satisfied. In addition, the proposal must also be found
to be consistent with the development standards of the following Code Chapters:
Chapter 18.50 (R-4.5 zone); Chapter 18.88 (Solar Access Requirements); Chapter !
18.92 (Density Computations); Chapter 18.150 (Tree Protection); and Chapter
18.164 (Street and Utility improvement Standards). Standards of other community
Development Code chapters may apply to subsequent development of the subject site
but are not applicable to the current review. Comprehensive Plan policies 2.1.1,
3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3 also
apply to the review of this development proposal. ?
The approval criteria for Sensitive Lands Review approval relative to development -
or landform modifications on slopes of 25 percent or greater are listed at Code
Section 18.84.040.B.
IV. NPO & AGENCY C0MMENTS
1. Both SW 121st Avenue and SW Gaarde Street adjr-_cent to the site are under
the jurisdiction of Washington County. The County's Department of Land
Use and Transportation has reviewed the request and recommends that
approval of this subdivision proposal be conditioned upon the following:
A. The proposed collector road shall be constructed pursuant to Section
C.4.a., b., c., d., and e. of the Urban Planning Area Agreement -
(UPAA) between Washington County and the City of Tigard.
B. Prior to Final ADproVal/Issuance of a Building Permit:
1. The applicant shall submit an Access Report per Washington
County Resolution and Order 86-95. The County will review
this study and condition any necessary improvements prior to
final approval. Contact Doug Norval, County Traffic analyst
for specific questions regarding the Access Report.
i
2. The applicant shall dedicate additional right-of-way to
provide 33 feet from centerline of SW 121st Avenue frontage,
including adequate corner radius.
3. The applicant shall sign a waiver not to remonstrate against t
the formation of a local improvement district or other
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mechanism to improve the base facility of SW 121st Avenue
f... between SW Walnut Street and SW Gaarde Street.
4. The applicant shall sign a waiver not to remonstrate against
the formation of a local improvement district or other,
mechanism to improve the base facility of SW Gaarde Street
between SW 121st Avenue and SW Pacific Highway.
S. A one-foot non-access reserve strip shall be established along
SW 121st Avenue frontage, except at the approved access point
(extension of SW Gaarde into the Bite).
The documents needed to complete conditions B.1 through B.5 above
shall be prepared by the Washington County Survey Division and
recorded in the Washington County Records Department.
6. The applicant shall assure that the access to SW 121St Avenue
-iii be adequately illuminated through the formation of a
street lighting service district, or other measures as
approved by the County Engineering Division.
7. Submit plans, obtain County Engineering Division approval, and
obtain a facility permit for construction of the following
public improvements:
a. Concrete sidewalk to County standard along SW 121st
Avenue frontage.
b. Adequate roadway drainage along SW 121st Avenue
frontage.
C. Any traffic improvements required as a result of the
applicant's required Access Report and UPAA agreement.
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d. Construction of the 121st/Gaarde/Gaarde westward
extension intersection to County standards_
These i_mprovementa shall be constructed in accordance with the
requirements of the Washington County Uniform Road Improvement
Design Standards.
C. Prior to Occupancy:
1. The 121st/Gaarde/Gaarde westward extension intersection shall
be adequately illuminated as required by Condition B.6.
2. The road improvements required by Conditions .B.7.a., b., c.,
and d. shall be completed and accepted by the County.
2. The City of Tigard Engineering Department has reviewed the proposal and
offers the following comments:
A. Comprehensive Plan Compliance:
The comprehensive Plan Transportation Map designates the area of the
proposed subdivision as a study area. Map note #2 indicates that
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two options for the extension of Gaarde Street must be considered in
this study area. The recommendations of the Northeast Hull Mountain
Transportation Study Report are one option to be considered. This
optLOn wOLid extend SW Gaarde north and west from SW. 121st Avenue to
connect to SW Walnut Street as a major collector. The Proposed
subdivision would satisfy this option if the extension is required
to be constructed to major collector street standards. The other
option to be considered, as specified by the study area notes, is a
minor collector extension of SW Gaarde Street west from SW 121st to
connect with SW 132nd Avenue, as was previously recommended by NPO
03. The NPO has reviewed the proposed subdivision and concluded
that the proposal does adequately provide for the NPo's option.
S. Streets:
Access to the site is provided from the southwest corner of the
Intersection of SW 121st and SW Gaarde. Both of these existing
streets are currently under the jurisdiction of Washington County.
The Engineering Department has reviewed the County's recommendations
for these streets (above). We agree with the County's
recommendations except for the following:
I. Section 18.164.030A.i.a. of the Community Development Code
specifically requires that streets within a development and
streets adjacent shall be improved in accordance with this
title'. Therefore the applicant should be required to install
half-street improvements along the frontage of SW 121st Avenue
instead of deferring these improvements until a local
improvement district is formed.
ii. The county has requested that the applicant be required to
sign a non-remonstrance agreement for future participation in
an LID for SW Gaarde Street, east of the site. With reference
to Section 18.164 of the community Development Code, there is
E.. no specific requirement that the applicant be required to
participate in the improvements for S.W. Gaarde east of the
subdivision, be it now or in the future, with respect to this
development. The Code specifically limits improvements to
roads that front the development and it has been City policy
to not extend this requirement to adjacent roads. Therefore,
the applicant should not be required to execute a non-
remonstrance agreement for future improvements to SW Gaarde as
requested by Washington County.
The applicant is Proposing to extend SW Gaarde Street as a minor
collector street to the west and north. In order to meet the
requirements of the Comprehensive Plan's Transportation Map, the
Gaarde extension would be required to be built as a major collector
street. This proposal would then meet both options as required by
the Transportation Map. In addition, the proposed road would be
eligible for credits through the county-wide Traffic Impact Fee
Program.
The applicant has indicated that they .would install full street
Improvements for the extension Of Gaarde only up to the Phase I
C, boundary. From the end of the full improvements, grading only would
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be provided to the northwest corner of lot 45, and no further
improvements would be provided to extend the road to the north
property line. Code Section 18.164.030.F.1. requires that streets
be extended to the boundary lines of the development. We feel that
If and when Phase II is developed, the road extension should be
completed by the developer to the north property line. This would
be consistent with current City policy. As an alternative, the
applicant could be required to deoloate the right-of-way, do the
grading, and pay a fee-in-lieu-o£ construction for the remaining
work.
The applicant Is pros singseveral internal streets to serve the
interior of the subdivision The streeta that are to be extended
are located so that they would serve the properties to the northeast
for future development. The internal streets meet city standards
except as follows:
I. The applicant should be required to install a temporary turn-
around for the local street which would serve lots 16 through
22. The standard requires that roads which terminate and are
in excess of 150 feet in length provide a turn-around for fire
apparatus until such time as they are extended.
ii. The applicant has requested a variance to the maximum grade of
12 percent. The applicant has shown on the preliminary plan
a need to propose a local road with a 14 percent grade for a
distance of approximately 200 feet. We do not feel this has
any detrimental effects to the standards and would recommend
approval of the requested variance.
!Ii. The applicant should also be required to demonstrate that the
road grades can be logically extended and meet city standards.
C. Sanitary Sewer:
The applicant is proposing to install and extend two existing
sanitary sewer systems to serve this development. The first system
is located in SW Gaarde, approximately 200 feet east of the proposed
development. The existing 8 inch public line within SW Gaarde has
the capacity to handle this proposed development. The second system
is located approximately 200 feet south of SW Walnut, in SW
Lansdowne. The applicant is proposing to extend the line to the
south to serve this development.
There are several issues that need to be addressed relative to
sanitary sewers:
I. Both systems would need to be installed to serve Phase I of
the development; while this is not a problem, we wish to bring
attention to it;
Ii. There are some lots along the west boundary of the development
which show that they would be connected to a proposed future j
sanitary sewer line. The proposed line would need to be
installed as part of the development; j
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iii. The line that is to be extended south from the vicinity of Sw
Walnut would go through a area that is not within the city
limits. The applicant has indicated that it Is their intent
not to annex the properties where the extension would go to
the City of Tigard. Therefore, the line would remain the
responsibility of the Unified Sewerage Agency. In addition,
tha City would require that prior to any person connecting to
the line outside the city limits be annexed into the City or
sign a non-remonstrance against annexation, and that access be
provided to the sanitary sewer line; and
iv. There are numerous portions of the sanitary sewer main line
and manholes that are not within the public right-of-way and
will cause maintenance problems. Therefore, it should be
required that access to the manholes outside of the right-of-
way will be assured.
D. Storm Drainage:
The applicant has submitted a preliminary plan for the storm
drainage system. Based on the information presented, it appears
that it would be adequate to serve the development. Again the
applicant has shown two different systems to drain the development.
The first system would drain the southeast corner of the development
and connect to an existing drainage system located approximately 200
feet east. The second system would drain into an existing drainage
channel located to the west of the development.
The Unified Sewerage Agency has established, and the City has agreed
to enforce (Resolution and Order No. 91-47), Surface Water
Management Regulations requiring the construction of on-site water
quality facilities or fees in-lieu of their construction. Requiring
surface water quality facilities on this sitewould result in
facilities at various locations that would become a maintenance
burden to the City. In addition, regional facilities, funded by
fees in-lieu of construction of these facilities, would provide the
required treatment for this. site and future development. The
regional facility would also provide improved reliability and less
maintenance. Therefore, the applicant should be required to pay the
fee in-lieu of constructing an on-site facility.
Federal, state and local regulations all require erosion control
permits for this project. The applicant should apply, through the
City, for a joint permit. Application should be made at the time
that construction drawings are submitted.
3. The City of Tigard Building Division has commented that private storm
drain lines and easements should be provided for lots 7-15, 18, 31-34, and
62 to allow roof drains to be directed to public storm sewers or existing
drainageways. Easements should be provided where storm sewers cross other
properties. A joint use and maintenance agreement should be recorded for
each lot utilizing a common private storm drain. In addition, the
finished slope of all lots with cuts or fills should have a maximum slope
of 2:1, or else an engineer shall certify the stability of any steeper
slopes. This would include, the slope and fill from excavation for
foundations for the structures.
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4. The Tualatin Valley Fire and Rescue District has reviewed the preliminary
plat and has provided the following comments:
a. Hydrant locations should be coordinated with the Tigard Water
District.
b. The Fir- District always encourages the reduction of street grades
to the minimum possible grade; however, the proposed street grades
are within acceptable limits for the District.
5. Tigard School District 23J reviewed the proposal and has noted that t -
proposed development lies within the attendance areas of C.F. Tigard
Elementary School, Fowler Middle School, and the Tigard Senior High i
School. The proposed development is projected to generate the following
additional enrollment at those schools: 20 students at the Tigard School;
2 students at Fowler Middle School; and 1 student at Tigard High School.
The School District notes that school capacities A a projected to be
eAceeded ac a -aaUic of this proposed development and other recently
reviewed and approved developments within those attendance areas. The
I District „ores that core faci'_itias of Lhe schools are insufficient to be
able to conaidev portable additions. Additional school capacity may be
provided by other options under consideration by the School District,
including: grade level reconfiguration, rescheduled school year, boundary
adjustments, double shifting, busing to under-utilized facilities, future
bond measures leading to construction of new facilities and other school
housing options.
6. Neighborhood Planning Organization #3 Chairperson Herman Porter provided
testimony at the public hearing regarding the NPO's position on the
proposal. NPO 3 recommended approval of the proposed subdivision/planned
development subject to the following conditions:
a. Half-street improvements, including a school bus turnout, should be
required along the SW 121st frontage of the site. The intersection
of SW 121st and Gaarde should be widened and improved.
b. At a minimum, a three way stop should be provided at the 121st and
Gaarde intersection with consideration of a traffic signal as
traffic IrIczaases In this area.
7. Washington County Community Planning Organization CPO 4B has provided the
following comments:
a. The CPO urges the City to require dedication of the proposed private
open space tracts to be developed as an area-wide greenspace
network;
b. Half-street improvements, including a school bus turnout, should be
required along the SW 121st frontage of the site. Appropriate
safety improvements should be provided at the 121st and Gaarde
intersection with TIF fees applied for these improvements.
8. The Unified Sewerage Agency has provided the following comments:
a. An on-site water quality facility should be required;
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b. Sensitive areas should be identified. A minimum 25 foot undisturbed
buffer should be required from the edge of sensitive areae to rear
lot lines;
c. An erosion control plan should be required to be submitted and
approved prior to any construction on the site. An NPEDES permit
should be required for this site since the area to be disturbed
would be larger than five acres in size.
9. Northwest Natural Gas has commented that there are 140th a 10 inch diameter
high pressure feeder main and a 2 inch gas line within the approxima tc
alignment of the Gaarde Street extension in the southeastern portion of
the site. The developer's representatives should contact Northwest
Natural Gas to have the main located prior to any excavation on the site.
10. The Tigard Plater Di=strict has Provided the following cc!sent_:
a. A 16 inch diameter water main will need to be installed along the SW
G=_rdc --treE, exi ef,&Ion;
b. Utility plans will need to be revised to place water mains on the
south and east sides of streets;
C. Final approval of the plans for water main location and size,
Including water meters, will need to be approved jointly by the Fire
and Water Districts.
11. The Metropolitan Area Communications Commission (cable television) has
reviewed the proposal and offered no comments other than that the site
developer should contact Columbia Cable prior to the opening of utility trenches. .
12. . PGE and GTE have reviewed the proposal and have offered n-i comments or
objections.
13. Mrs. Ellen Bechtold, property owner and resident of tax lot 500 of WCT24
2S1 3CC,. provided the following comments to staff:
a. The septic tank and Grainfield for her house cross the property.
boundary onto the subject site. She also has stated that the owner.
of 401 has previously agreed to provide for a sewer line extension
to her property boundary as per the sales agreement between the
Bechtold•s and the original purchasers of tax lot 401;
b. There should not be a stop sign for southbound traffic on SW 121st
Avenue since traffic stopped for this sign would back up and block
existing.driveways;
C. Mrs. Bechtold would like a solid fence around her property to be
installed prior to the start of construction on the subject site;
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V. EVALUATION OF REQUEST
A, ComplianCO with Community Development Code - subdlvieionlPlanned
Development/sensitive Lands Review
1. The proposed Vista Point subdivision is consistant with the approval
criteria for a subdivision (Code Section 18.160.060.A) because:
a.
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the proposed developmentM plan compliee with the
Comprehensive Plan Map'3 Low Density Residential density
opportunity for the site and with applicable plan policies,
the regulations of the R-4.5 zone,_ and other alicable
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regulations, except as noted. ��:�
b. The proposed name of the subdivision, Vista Point, is not
duplicative of any recorded plat within Washington County.
C. The extension of SW Gaarde Street through the proposed
development is laid out so as to conform with the planned
collector street connection between SW Gaarde and SW Walnut
Street as illustrated on the Comprehensive Plan's
Transportation Plan Map_ It will be necessary that this road
be required to be constructed in accordance with Section
==I_C.4.a of the Urban Planning Area Agreement (UPAA) between
Washington County and the City of Tigard, or in other words,
It: will need to be constructed to collector street standards
_ as far west as lot 52. The City Engineer shall be charged
with determining whether the roadway width may be reduced in
width from collector standards.
t;.. The Planning Commission had determined that as a condition of
approval of the development plan, the applicant should be
responsible for grading the remainder of the Gaarde right-of-
way to the north edge of tax lot 1400 but that the applicant
should not be required to construct the street improvements
beyond lot 52 since the Commission did not find that those
Improvements were necessary for development of the proposed
subdivision. The City Council called the Planning
Commission's decision up for review of that condition of
approval. The City Council, at its July 28, 1992 hearing,
upheld the Commission's decision except for that condition
which has been modified to require the applicant to construct
improvements to that section of SW Gaarde. The City Council
finds that SW Gaarde should be extended and improved to
the north edge of Tax Lot .1400 for
thefollowng reasons:
* Code Section 18.164.030.A.1.b states that 'any new
street or additional street width planned as part of an
approved street plan shall be dedicated and improved in
accordance with this Code.' This street section has
been planned for by Comprehensive Plan Transportation
Map Note 2.
Page 12
As noted in tha introduction to the Plan, the Plan
'provides a policy framework for decision making on such
matters as—subdivisions.' (Introduction, Page II-4.)
The Council interprets this to mean that overall the
Comprehensive Plan represents the City's planning
policies. The underlying basis for the Council's
decision to require the Gaarde Street extension is found
in the findings of the Transportation Section on Pages
II-55 and II-56. The Council notes that the Community
Development Code is intended to 'implement the Tigard
Comprehensive Plan,' S 18.02.010, and the following
referenced sections accomplish that policy.
The Council considers the following findings from the
Transportation section as mandated guidance from the City's
acknowledged plan in evaluating transportation issues for this
area of Tigard.
* Major congestion problems within the City have resulted
from the rapid population growth since 1970, creating a
need for major street improvements.
* The City needs to develop a strategy to coordinate
public street improvements with private sector
improvements to achieve the most effective use of the
limited dollars available for road development and
improvement.
* The major residential growth during the planning period
Is expected to occur in the westerly and southerly.areas
of Tigard (the affected area). Both of these areas
lack adequate improved traffic ways.
I
* A need exists during the planning period to complete a
collector street system between Scholls Ferry Road,
Walnut Street, Gaarde Street, Bull Mountain Road and
Pacific Highway.
In addition to the findings, the Comprehensive Plan
6 Transportation Map, Note 2 specifically states that 'A major
collector extension of Gaarde Street has been recommended by
the Northeast Bull mountain Transportation Study Report.'
The Council finds authority for this condition in
.Transportation Policy 8.1.1, which requires that the City '.
"plan for a safe and efficient street and roadway system that
meets current needs and anticipated future growth and .
development." Strategy 5 of the Transportation Section states
that "[t]he City's Tigard Community Development Code shall
require developers of land to dedicate necessary rights-of-way '
and install necessary .street improvements to the city's
standards when such Improvements have not been done prior to
the developer's proposals. These necessary dedications maybe
required upon approval of any development proposal.'
. Page 13
The project site is in the westerly area of Tigard where major
L` residential development was expected and is occurring, and
which lacks adequate improved traffic ways. Gaarde Street is
specifically mentioned as a necessary collector/connector to
Walnut Street.
This project site is included in the area covered by note 2 in
the Transportation Plan, which specifically mentions a Gaarde
street-Walnut Street connection. This project represents one
piece of the development puzzle, the completion of which will
provide public improvements to help implement the solutions
presented in the Comprehensive Plan.
The Council finds there is a reasonable relationship between
the current development of this project and the needs for
transportation system improvements, as expressed in the
Plan and
'on of the comprehensive
Tran
s nation Section
implemented in the Development Code Sections 18.164.030
and 18.164.033.F.1.
code Section 18.164.030.F.1 states 'when necessary to give
access or permit a satisfactory future division of adjoining
land streets shall be extended to the boundary lines of the
tract to be developed...! The City Council finds that
residents of the proposed subdivision would in fact benefit
from the section of SW Gaarde beyond lot 53 because that
improved road section will allow more direct travel to the
northwest toward Scholls Ferry Road (an arterial) thereby
avoiding a circuitous route through neighborhood streets to
the east. More importantly, without this road connection,
_ future development on the adjoining land to the north will be
cut off from Gaarde Road access. The resulting pattern of
development would be inconsistent with the Comprehensive Plan
transportation element because the subdivision would be _
isolated and residents would be required to use circuitous
route through neighborhoods to travel east. The Council finds
that the improvement of Gaarde Street is reasonably related to
the satisfactory future development of the adjoining land, as
required by Comprehensive Plan Policy 8.1.1 and Transportation
Map Note 2, and City Code. -
The Council finds that the Gaarde Street extension is
necessary to provide •access" to future development of the
adjacent northern parcel. Although the record refers to two
Possible access points for the northern parcel, saying so does
not exclude the possibility that this Gaarde Street access
would be preferred, were it available. 3t was not part of the
decision for this subdivision to determine the best access
points for an .unknown future subdivision on another parcel but
rather to insure the availability of reasonable access. For
the purposes of this code section, and to satisfy the needed
planning required by Policy 8.1.1, it is enough to provide the
potential for access to a future subdivision over land being
developed through this subdivision.
The timingof the development of Gaarde Street is driven by
the timing of the development applications for. affected
Page 14
I
_ parcels. If development of the northern parcel subdivision
had been proposed first, then that subdivision would be the
leader in providing the access to the subdivision of this
parcel and this extension of Gaarde Street.
After reviewing the repeated references in several
comprehensive Plan contexts, the council finds that it is the
public policy of the City of Tigard to develop the Gaarde
Street extension and that the pr+4---y - c hanism for that
extension is through improvements associated with new
da-valopment. The extension is demanded by demands created or
increased by new development. Without the maximum extension
permissible by Code as a condition of this development, that
policy is not implemented.
Extension of SW Gaarde is eligible for traffic impact fee
credits and this therefore will help reduce street
construction costs for the site's developer.
The Council also finds that while the area beyond lot 52 has
considerable slopes, this area is not necessarily
undeveiopable. The applicant has apparently chosen not to
develop this area at this time because the applicant does nct
believe current market conditions are ouch that there would be
enough of a return from lots in this area to offset the
construction of a collector street in this area, and also
because leaving this area as open space would add to the value
of the proposed lots. Bruce Dunlap, the applicant's
representative, indicated at the Council hearing that future
market considerations could, in fact, make some of this area
IL buildable. Since this is the case, the zpplicant's decision
not to develop this buildable area cannot simply be relied
upon as justification for not building this section of
roadway. The applicant can now choose to either build this
road section along with the development as currently.proposed
or else redesign the development proposal for a new
preliminary subdivision plat review application knowing that
the Council finds that construction of this entire road across
the site is the developer's responsibility.
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�.. Page 15
3,
d. The proposal would provide stubbed local straets adjacent to '.
lots 20 and 21 and adjacent to lots 30 and 31 to provide for
future extensions of the local street network in this area.
In addition, the right-of-way for SW Gaarde Street would be
stubbed to allow for future extension. Exhibit C of the
applicant's statement illustrates how these streets could be
extended to facilitate, future development of this area.
e. The subdivision is proposed to be developed in two phases of
35 and 29 lots. The proposal to develop the subdivision in
two phases is consistent with the approval standards for a
phased subdivision/planned development (Sections 18.160.O50.0
and 18.80.100.B) because necessary public facilities are
proposed to be constructed in conjunction with each of the
phases and because no temporary public facilities will be
required for either phase.
A schedule for total development of the site will be required
to be submitted prior to development of the initial phase.
The total time period for developing all phases of a planned _
development may not exceed seven years without reapplying for
conceptual plan approval. -
f. The applicant requests approval of a variance to allow the
local street adjacent to lots 16-22 to have a grade of
approximately 14 percent grade for a 200 foot long stretch
whereas a maximum local street grade of 12 percent is allowed
by Code Section 18.164.030.M.1.
Code Section 18_160.090 authorizes the decision-making
authority to grant variances- to Code standards if the
requested variance can be found to be consistent with the
variance approval criteria of Code Section 18.160.120. The
applicant's statement addresses the criteria point-for-point.
relative to the requested variance. Service providing
agencies and the neighborhood planning organizations have not
raised concerns with the requested variance. The length of.
road that would exceed 12 percent grade is approximately the
same as the 200 foot maximum distance for excessive grade -
allowed by the ne:a Fire District staradards. The Council -
concurs with the applicant's analysis on the requested
variance and hereby adopts the applicants's proposed findings
as the Council's findings in support of the variance request.
These findings are hereby made appendix A of this final order.
2. The proposed subdivision is consistent with the use standards of the
R-4.5 zoning district because the lots are Intended to be used for
single family detached dwelling units. The Planned Development
overlay zone applied to the parcel provides for flexibility with
regard to lot dimensional standards, including lot size. Although
not all lots are consistent with the minimum 7,500 square foot
Page. 16
minimum lot size of the R-4.5 zone, the average lot size of the
proposed lote is well in excess of 7,500 square feet] therefore, the
proposal is consistent with the density allowed for the site by the
R-4.5 zone. All proposed lots are consistent with the -i:aiusum lot
width requirement of 50 feet. No special setbacks have been
requested. Therefore, standard R-4.5 setbacks should apply to this
subdivision
3. The proposed development scheme is consistent with the approval
standards for a Planned Development (Chapter 18.80) as demonstrated
by the findings presented for the various Plan policies and Code
Chapters applicable to the request. The requirements of the
following Code chapters are not directly applicable to the current
review, although future improvements on the subject site will need
to conform with the requirements of these chapters: Chapter 18.96,
Additional Yard Area Requirements; Chapter 18.98, Building Height
Limitations: Exceptions; Chapter 18.100, Landscaping and Screening;
Chapter 18.106, Parking; and Chapter 18.144, Accessory Structures.
Staff is charged with reviewing the conformance of future
Improvements with these standards through the buildLnn ..e.-..,:- and
sign permit review proceseea ao w-11 as through continuiC
ng ode
enforce•rsat a_—ions.
With regard to the additional Planned ne7P—!Opment approval criteria,
staff finds that only Section 18.80.120.A.3.a(i) is directly
applicable to the review of this proposal since the other additional
criteria relate to commercial or multi-family developments in
planned development areas. This particular section states that
... streets, buildings, and other site elements shall be designed
_ and located to preserve the existing trees, topography, and natural
drainage to the greatest extent possible.' The proposal does not
provide for crossings of the drainageways on the site except as
called for by the City's Transportation Plan Map. The proposal
avoids placing development in or adjacent to these drainageways..
Instead, the plat would reserve a.6.78 acre portion of the site for
private, tree-covered, open space and drainage. urpoaes rather than
including this area within lots �'� �"• - "'-�:y:""^
Cit.�i .is xte�si�ahle iF<#r ori`� ��$
4. The proposal is consistent with the Sensitive Lands requirements of
Chapter 18.84, although some site grading within areas in excess or
25 percent slopes will be necessary to facilitate the proposed
development. Review of the grading plan shows that grading of areas
in excess of 25 percent slope is primarily.limited to areas within
and abutting proposed public right-of-ways and where necessary to
construct sanitary sewer utilities. Opportunities to further limit
grading of the site are restricted because of the number of building
sites that must be prepared due to the single-family residential
nature of the proposed development and the need to provide limited
grade public streets. Plans for methods for maintaining slope
stability shall be required to be submitted as a part of individual
building permit applications for the individual lots.
The erosion. control requirements that now apply to development
within the Tualatin River basin require that an erosion control plan
be filed and followed during development of a subdivision as well as
prior to construction of individual homes.
Page 17
■
5. Exhibit 5 of the applicant's statement contains a Solar access
evaluation demonstrating consistency with the solar access
requirements of chapter 18.88. code Section 18.88.040.5 allows the
ha&riniga asst rarity to reduce the Percentage of lots that- must meet
the solar access design standard if certain conditions relative to
the site (ouch as slope, existing shade, or existing or planned road
patterns) make it difficult or impossible to fully comply with the
solar access design standards without adversely impacting the
development's permitted density and cost or amenities. The
applicant requests, and the Council concurs, that lots 25-33, 38-43,
47, 50 and 51 should be exempted from the solar access calculation
bacause the collector street alignment through this site required by
the Transportation Plan Map, along with collector street access
spacing standards, - parallo' ng oc - and a
concomitant number of lots with an east-west orientation a In
addition, lots 46 and 63 are exempted due to northwestward facing
slopes in excess of 20 percent. of the remaining 43 lots not
exempted for the above causes, twenty-two other lots satisfy the
basic solar requirement of a front lot line orierta`c-Lo,-a w
Ilthin 30
degrees of a true east-west orientation and a minimum north south
dimension of 90 feet as shown on the applicant's solar access
evaluation sheet. Seven other lots (lots 6, 7, 8, 17, 20-22) are
proposed to have solar building lines recorded. Lots 23, 24, 35,
52-55, and 63 are exempted under the basic 20 percent exemption.
Therefore, eighty percent of the lots not exempted for cause would
meet the solar access design standard. The proposed subdivision is
therefore consistent with the requirements of Chapter 18.88.
6. The proposed subdivision complies with the density standards of
Chapter 18.92 because the 18.31 acre net developable area of the
site (after deductions for streets and excluding original slopes of
25 percent and greater) yields an Opportunity for 106 dwelling units
under the R-4,5 zoning designation. Sixty-four single family
residential lots are proposed. The applicant's submittal includes
a density calculation.
7. Chapter 18.150 requires that the number of trees over six inches in
diameter that are removed during construction be minimized. The
proposed development's public streets, utilities, and residences and
related grading will necessitate the removal of a number of apple
trees on the eastern portion of the site as well as several fir
trees adjacent to lots 39, 45, 46, 47, 62, and 63. In addition,
j trees will need to be removed within Tract B for installation of
sanitary and storm sewer facilities. However, the majority of the
site area proposed to be developed is open field and will not
require any tree removal.
The preliminary plat is reasonably designed with respect to
minimizing tree removal. However, special care should be given in
the development of final grading and public utility plans to further
limit tree removal, especially in Tract B. No tree removal should
be allowed until review and approval of a tree removal permit. The
commission should require the developer of the site to provide for
an arborist's analysis of the tree removal plans with the arborist
beim requested to recommend to staff protective measuresto be
qr employed during Bite construction to protect trees to be retained.
'4- Page 18
jai
a .vrery s v sratrvo _— --
a� �
�I
_ 8. The proposed subdivision's streets and other public improvements, l
with modifications recommended by staff, comply with the
requirements of Chapter 18.164 becauset
�® a. The applicant will be required to dedicate additional right-
of-way for SW 121st Avenue and SW Gaarde Street to major
collector street standards adjacent to or through the site.
As noted above, the applicant will be required to improve SW
121st Avenue and the portion of SW Gaarde Street to major
collector standards with development of phase one, and the
applicant will be required to construct improvements to SW
Gaarde beyond lot 53 to the northern edge of the property with
phase II for the reasons described in is above.
Construction of these major collector streets by the developer
will qualify for traffic impact fee credits for the individual
lots in the subdivision.
b. Internal subdivision streets should be able to be developed
consistent t-:ith City standards for local streets, except for
the short stretch of the street adjacent to lots 16-22 which
Is recommended to be allowed to exceed the 12 percent grade
standard as described above.
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„
x a .ter,
C. The preliminary plat provides for street stubs to the north to
pro�,ide for a future further extension of SW Gaarde Street and
to the east to allow for a possible local street network
connection eastward to SW.121st Avenue. When the subdivision
is built, reserve strips and barricades should required to be
provided for these street stubs. The stubs should be posted
with signs indicating that future extension of these streets
is anticipated with future development.
_ 1
Page 19 3
�,.._ d. The proposed lots are consistent with Code
standards for
maximum lot depth-to-width ratio and other lot dimensional
standards, except for lots 1.8 and 19 which do not provide the
required minimum 25 feet of frontage required by Section
18,164.060.8 for lots created through the subdivision process.
It ie staff's understanding that the minimum lot frontage
requirement is at least partially intended to discourage the
creation of flag lots such as these two lots. The applicant
has not requested a variance to the minimum frontage standard,
and even if a variance had been requested, the Council doubts
whether we could approve such a variance. The applin. will
need to revise the plat in this area to provide a minimum 25
feet of frontage on a greet othor than an alley for these
lots. This standard could be met by placing a private street
in this area, as long as the private street is consistent with
the standards of Code Section 18.108.070.A. If an east-west
private street is utilized, lots 17 and 20 could be oriented
towards the private street in a manner that should increase
the development's con_egl_a^_ce.gift, the sol_ a_ e-- =ta d&wde.
e. Access to SW Gaarde Street and SW 1219t: Avenue should be
prohibited for all lots whio.: would have frontage along these
collector streets. These lots as well as all other lots can
receive access from local streets or the proposed knuckle
fronting lots 61-64.
B. Compliance With Comprehensive Plan Pot+ bdivt a
Development/Sensitive Lands Review/Variances
1. The Subdivision/Planned Development proposal is consistent with Plan
Policy 2.1.1 because notices of the application and the public
hearings on this item were provided to the neighborhood planning
organization and to owners Of property in the vicinity of the site.
The proposed site has been posted with a sign noting that a
development application on this site was pending. The Commission
conducted a hearing on this proposal, on June 22, 1992. On July 28,
1992, the Council held a public hearing on the review of the
commission's decision. .Therefore, a substantial opportunity has
been provided for the public to .comment on this development
application as is required by this policy.
2.. Policy 3.1.1 is satisfied because the Code allows development of
hillsides that are steeper than 25 Percent when su£ficientdetailed
information isprovided which shows that adverse environmental
erosion or slope instability will not result. The applicant has
submitted a general description of the site; however, specific
techniques for mitigating any potential problems related to steep
slopes have not been described. Significant construction
difficulties are not anticipated for development in these areas
provided that appropriate construction and erosion control measures
are employed. since many issues regarding slopes are site specific,
it shall be required that methods for maintenance of slope stability
and erosion control be submitted for approval in conjunction with
the detailed grading and public improvement plans and building
permits with particular attention being paid to grades over 25
percent. As recommended by the Building Division, finished grades
r !
Page 20
1
_ on lots with cuts or fills shall be limited to a maximum 2 to 1
slope or else an engineer shall be required to certify the stability
a
of the greater slopes. -
3. The proposal is consistent with Policy 3.4.2 because the development
application is being reviewed through the Planned Development
Process and because wildlife habitat along drainage corridors will
be protected through the establis3hment of private open space tracts
along the drainage corridor on the site. The private open space
tracts should serve to limit tree and understory vegetation removal
In the drainageway to only what is necessary for utility
construction. The undeveloped nature of rt
�- area will allow he
vegetative understory to return after construction.
4. The proposal is consistent with Policy 3.5.1 because 6.78 acres of
long-term open space will be provided for by tracts A and B which
will be commonly held and maintained by the residents of the
subdivision- Mature trees will be retained in these areas except
for trees that must be removed to construct utilities. Because of -
the steepness of these areas, their usefulness for active
recreational opportunities are limited. The Comprehensive Plan's _
greenways map does not call for these areas to be required to be
dedicated for greenway/open space purposes.
In order to provide better opportunities for residents of this
subdivision to have access to the open space tracts and to also
provide better pedestrian circulation for other purposes, a minimum
10 foot wide pedestrian pathway tract, or extension of tract A,
will be required between the north-south street in Phase 2 and the
extension of SW Gaarde Street. This may require that the pathway be
provided in a relatively steep area.; therefore, the pathway to be
provided by the applicant may need to be either a stairs or else may
need to be a soft-surfaced pathway. The applicant should work with !�
the Engineering Department with regard to the location of the
pathway, its construction, and pedestrian warning signs on SW Gaarde
Street. .�
S. In order to comply with Policy 4.2.1, a condition is warranted to
require the developer to submit an erosion control plan ensuring
compliance with erosion control standards for the Tualatin River
basin, as part of the grading permit application.
6. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and .�
7.4.4 because the applicant will be required to extend public sewer
and water systems to this site prior to development or else the
development of this site will be dependent upon others extending
these utilities to the property. Extension of a sanitary sewer to
serve this area is presently being contemplated by the Unified
Sewerage Agency. . The prospective developer of this subdivision may
need to work with USA to assure that the extension will be
constructed prior to expiration of approval for the proposed
development plan. The Tigard Water District did not raise any
significant concerns with regard to the District's ability to
provide for the additional water demand created by the proposed
subdivision although the Water District has pointed out revisions
that will need to be made to the applicant's preliminary plans for .
extending water service through the site.
Page 21 I
i
In addition, development of this site will require provisions for
underground installation of phone, electricity, and cable television
lines. No significant concerns were raised by the providers of
these utilities.
7. The proposed development would provide for a safe and efficient
street system as required by Policy 8.1.1 for the reasons stated in
sections 1 and 8 of the section above describing the proposed
subdivision/planned development's consistency with Community
Development Code public road requirements.
8. The subdivision proposal complies with Policy 8.1.3 because required
:Lmprovements to the public streets and utilities within this
proposed subdivision will be consistent with City of Tigard
standards, except as specifically recommended for the variance to
the local street gradient standard.
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a
RS&. 5
VI. CONCL`SSION AND DSCISION
The. Tigard City council concludes that the proposed subdivision/planned
development, with minor modifications, will promote the general welfare of the
City and will not be significantly detrimental nor injurious to surrounding land
uses, provided that development that occurs after this decision complies with
applicable local state and federal laws.
In recognition of the findings and conclusions contained herein, and
incorporating the staff report and other reports of affected agencies and public
testimony and exhibits received in this matter, the Council approves
Subdivision/PlannedDevelopment Review proposal SUB 92-0005/PAR 92-0003 and the
associated Sensitive Lands Review SLR 92-0002 and Variance VAR 92-0010 requests
for the proposed Vista Point subdivision subject to the conditions which follow.
UNLESS OTHERWISE NOTED, ALL CONDITIONS SHAIM BE SATISFIED AND PUBLIC IMPROVEMENTS
SHALL BE COMPIMT*TMD OR COMPIPTION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING
THE FINAL PLAT WITH WASHINGTON COUNTY. UMUESS OTHERWISE NOME-D, STAFF CONTACT IS
CHRIS DAVIES OF THE ENGINEERING DEPARTMENT.
t
Page 22
1. The preliminary plat shall be limited to the creation of 64 lots. All
lots shall be fully dimensioned on the plat and shall be consistent with
R-4.5 zoning district dimensional requirements.
Lots 18 and 19 shall be revised to provide for a minimum 25 feet of road
froe±-:�age. to Private street consistent with the standards of Code Section
";3.08:u70.A may be developed in this area to meet this standard. Any
such private street should be located in a tract separate from individual
lots. Ownership and maintenance responsibilities for this road should be
specified on the plat and/or the covenants, codes, and restrictions for
the subdivieLon.) STAFF CONTACT: Jerry Offer, Planning Division.
--..:.... .. •amu; -s� .. ..,�,,, ,H.d«. _,,.,k ..>�:
2. Tracts A and B shall be d"€fasa
latted as csimmon open space tract for the subdivision
to be maintained privately by the homeowners in Vista Point subdivision.
The manner by which these tracts are to be maintained by the homeowners
association shall be approved by the Planning Division.]
The plat shall be revised to provide an extension of Tract A to the
proposed north-south street in Phase TWO in order to provide access to
Tract A for all residents of the subdivision. Alternatively, pedestrian
access to Tract A may be provided by easements across lots from the street
to i 'he t;ract. Acceas to the tract shall be provided by a minimum 5 foot
wide soft surfaced trail. STAFF CONTACT: Jerry oiler, «planning D_._cion.
P3:assztingyivison
Ar
4. The subdivision/planned development may be constructed in two phases as
' proposed. Total development time for the proposed planned development may
not exceed seven years. STAFF CONTACT: Jerry Offer, Planning Division.
5. Any tree removal or grading on this property must be approved by the
Planning Division through approval of a tree removal permit and approval
of the grading plan. Trees over six inches in diameter shall be removed
only as necessary to construct streets, utilities, and residences. Tree
removal permits will be necessary for two stages: publicright-of-wayand
Utility construction and lot preparation. The applicant shall provide for
an arborist to review the plans for grading and tree protection. The
arborist or the Planning Division may prescribe protective measures for
trees to be retained on the site. Areas not covered by structures or
impervious surfaces shall be re-vegetated as soon as possible after
completion of grading. A copy of the tree removal permit and approved
=ding plan shall beva+fable on-site during all trop removal
activities. STAFF CONTACT: Jerry offer, Planning Division.
6. A grading plan shall be submitted showing the existing and proposed
contours including elevations at the corners of the lots tied to the top
of curb elevations, as shown in the public improvement plans. if trees
are to be removed as part of grading activities, the grading permit is not
valid without a tree removal permit also being issued.
7. An erosion control plan shall be provided as part ofthe public
improvement drawings. The plan shall conform to 'Erosion Control Plans
Technical Guidance Handbook, November 1989.'
Page 23
8. No construction plans for this subdivision shall be approved until the
~ Engineering Department has received evidence that right of way has been
dedicated and assurance has been posted to assure construction of
improvements to provide public roadway access to the subdivision
consistent with city roadway standards.
9. No construction plane for this subdivision shall be approved until the
Engineering Department has received evidence that sanitary sewer service
will be made available to the property and that construction of necessary
off-site sanitary sewer lines is assured.
10. Two (2) sets of detailed public improvement plane and profile construction
drawinas shall be Aubmitted for proliy.i-nary review to the Engineering
Department. Seven (7) sets of approved drawings and one (1) Ltemized
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.
11. Approval of the requested variance to the 12 percent grade standard is
approved to a maximum grade of 14 percent for a distance no greater that
250 feet.
12. The applicant shall be required to pay the fees in lieu of construction of
a water quality facility as established under the guidelines of Unified
Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part
fee. The first portion is paid with the public improvements which is for
that portion of the development which increase the impervious area within
the public right-of-way. The second portion is paid at building permit
r issuance which is for each individual lot.
"$ 13. The applicant shallrovide for a temporary porary turn around at the terminus of
the local street which serves lots 16 through 22.
14. The applicant shall submit a traffic study per Washington County
Resolution and Order 86-95. The City and County shall review this study
and condition any necessary improvements at the SW 121st and Gaarde
intersection prior to final approval of the construction plana.
15. The applicant shall dedicate additional right-of-way to provide 33 feet
from centerline of SW 121st Avenue frontage, including adequate corner
radius.
r,. 16. The applicant shall investigate whether the septic tank and/or drainfield
for the residences on tax lot 400 of WCTM 2S1 3CC to the north are located
on the subject site. If the septic system(s) intrudes onto this property,
the applicant shall show how development Of this property will not violate
standards for the placement of septic systems or else shall arrange for
the connection of these residences to the sanitary sewerage system. STAFF
CONTACT: Brad Roast, Building Division.
17. As part of the public improvement plans, the applicant shall apply for and
provide the necessary information to obtain a 'Joint Permit' for erosion
control.
18. The applicant shall demonstrate that storm drainage runoff can be
(
discharged into the existing drainageways withoutsignificantly impacting
\, Page 24
properties downstream.
19. The SW Gaarde Street extension shall be built to major collector standards
from SW 121st Avenue to proposed Lot 52
Prior to or concurrent with construction of Phase II the ag licant shall
construct the SW Gaarde Street10
extension to g `"' " the
northern edge of the eubect laarcel M#i`ebo� >natetrtu-- s -
Mg 32-11
NO
.,.'` ;`?;ed [> Street improvements (including traffic control devices,
mailbox cluster.-, concrete Sidewaiku, driveway aprons, curbs, asphaltic
concrete pavement, sanitary sewers, storm drainage, streetlights, and
F. underground utilities) shall be installed within the subdivision.
lmprovements shall be designed and constructed to local street standards
except as follows: 1) the SW Gaarde Street extension shall be built to
mayor collector standards "" - - '"'o"'� a•.
u.,,. U�.:o. :.�:. ..ca:«<.axsc=�ssa•,,..r..Sx.c'sY
A
J ::
21. Profiles of SW 1218t Avenue, SW Gaarde Street, the proposed SW Gaarde
extension, and the local internal streets that may be extended shall ba
required to be submitted. The prof--las rhall extend 300 feet beyond the
subject site showing the exiating grade and potential future grades.
22. The applicant shall submit plans, obtain Washington County/City of Tigard
Engineering Division approval, and obtain a facility permit from
- Washington County for construction of the following public improvements:
a. Standard half-street improvements, including concrete sidewalk,
driveway apron, curb, asphaltic concrete pavement, sanitary sewer,
storm drainage, streetlights, and underground utilities shall be
installed along the site's SW 121st Avenue frontage.
b. Any traffic improvements required by the City and County in response
to the applicant's required traffic study.
C. Construction of the 1218t/Gaarde intersection to County standards.
23. The applicant shall assure that the access to SW 1218t Avenue will be
adequately illuminated. Plans shall be approved by the Washington County
Engineering Division.
24. Construction of the proposed public improvements shall not commence until
after the Engineering Department has reviewed and approved the public
improvements plans, a street opening permit or construction compliance
agreements has been executed, a developer-engineer agreement has been
executed, and all permit fees have been paid.
25. The applicant shall make an appointment for a pre-construction meeting
with the City of Tigard Engineering Department after approval of the:
public.improvement plans butbefore starting work on the site. The
applicant, the applicant's engineer and contractor shall be required to
attend this meeting prior to receiving the approved plans and permits.
Page 25
0100-10�VWGW 99
Prior
26. shall to the plat being recorded with Washington County the applicant
ir provide a 100
percent performance assurance or letter of commitment.
As an alternative the applicant may have the plat recorded after the
public improvements have been accepted by the City of Tigard and has
posted the appropriate maintenance bond.
27. One-foot non-access reserve strips shall be established along all SW 121st
Avenue and Gaarde Street frontages, except at approved access locations.
28. The finished slope of all lots with cuts or fills should have a maximum
slope o£ 2:1, or else a professional engineer shall certify the Stability
of any steeper slopes. Prior to the issuance of building perm-its
for
Construction on all lots with slopes in excess of 25 percent, building
P=�'it applicants shall demonstrate that the proposed structure will be
sited and designed to ensure structural stability. Foundation plan=
be stamped by a registered engineer. A P-�--�-• shall
4 Approved erosion control imeasures
ndividual shall be employed throughout the construction-.....". ,....:;-�"--- - ndividual
F
Building O££icial. •> STAFF CONTACTx
24. Private storm drain linea shall be provided for lots 7-15, 18, 31-34, and i
62 to allow roof drains to be directed to public storm sewers or existing
dr'ainageways. Basements should be provided where storm sewers cross other
Properties. A joint use and maintenance agreement should be recorded for s:f
lots utilizing common private storm drains. STAFF CONTACT: Building
Official.
30. Utility plane will need to be revised to place water mains on the south
and east sides of streets. A 16 inch diameter water main will need to be
provided along the SW Gaarde Street extension, unless a smaller diameter
main is .approved by the Tigard Water District. Final approval of the
plana for water main location and size, including water meters, will need
to be approved jointly by the Fire and Water Districts. The applicant
shall be responsible for providing the City with proof of the Water
District and Fire District's approval of the revised waterservice plan.
is d
APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT FOR PHASE ONE..IS SUBMITTED FOR
APPROVAL WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION.
NA$INUN TINS FOR COMPLETION OF AT-T- PHASES OF THE P THE
V
SEVEN YEARS. PLANNED D ,LOPp�aT is
"'
It is further ordered that the applicant and parties to these proceedings be
notified of the entry of this order-
PASSED: This day of April,. 1993, by the City Council of the City of Tigard.
Gerald Edwards, Mayor
Tigard City Council
Page 26
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VICINITY MAP
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VISTA POINT -7
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OWNER: QUAESTDII,INC. D=
1990 S.BUNDY DRIVE d
LOS ANGELES.CA 90025
(2I3)2072900
DEVELOPER: MATRDI DEVELOPMENT CORP.
7160 S.W.RAZELFERN ROAD
TIGARD.OR 97224
CONTACT PERSON:LARRYYORK
PI.ANNER/ENCINEER MAE INC.
-_ 17155 SW BOOM ES FERRY ROAD
LAXE OSWEG0.OR 9]035
(503)Gt5.T6IS T
CONTACT PERSON:DAVID RANTZ '
IL i
DESCRIPTION 2513 CC TA%IAT 40I ANDA
PORTION OF 251 6 TAX LOT 1400
^q AREA JJ81 ACRES
ZONINGR4.5 Pp' CL
,a ynwaRl y I y y�
\ � S.W. _GAARDE _ ST.
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0' 50' 100' 200' '-`—'�••"'YY
7-17
EXHIBIT A t
NORTH SCALE:V 100'•0• M387
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