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City Council Packet - 02/13/1984 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate FEBRUARY 13, 1984, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start Ca w 10865 SW WALNUT of that agenda item. Visitor's; agenda items are TIGARD, OREGON 97223asked to be kept to 2 minutes or less; longer H cu matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 7:30 1. REGULAR MEETING: 2.1 Call To Order and Roll Call 2.2` Pledge of Allegiance 2.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 7:40 3. EMPLOYEE RECOGNITION 20 Year Pin - Doris Hartig a Mayor and Council 7:45 4. - AAA SAFETY AWARD o Ms'. Mary;Merit RECESS COUNCIL MEETING 7:50 5. TURA BUSINESS MEETING 5.1 Cali To Order/Roll Call 5.2 Business Meeting 5.3 Adjournment RECONVENE COUNCIL MEETING 7:55 6. PROPOSED AMENDKIENTS -REGARDING COUNCIL AND CITY OFFICERS SECTIONS OF TMC 6.1 Ordinance Amending TMC - Ordinance No. 84-''J�(G? 8:00 7. THATCHER SIDEWALK REQUEST 0 Director of Planning & Development 8: 10 8. TRANSFER OF CITY PROPERTY - 124TH AVENUE - PUBLIC HEARING 0 Public Hearing Opened 0 Summation by Director of Public Works o Public Testimony: Proponents, Opponents, Cross Examination 0 Recommendation of Director of Public Works o Public Hearing Closed o Council Consideration and Action e N/A 9. COOK LANE SEWER LID PETITION - TABLE N/A 10. UNCONSEALED 'WEAPONS PERMITS DISCUSSION - TABLE 8: 15 12. DARTMOUTH STREET LID ENGINEER'S REPORT 0 R. A. Wright PAGE 1 COUNCIL AGENDA FEBRUARY 13, 1984 C 8:30 13. PARK PLACE/BECHTOLD - APPEAL HEARING This will be an ,"argument-type" hearing only. The Council will consider j only the record before the Planning Commission, which is on file at City Hall. The Council shall not consider any new testimony or evidence which is not in the record. o Public Hearing Continued From 1-30-84 o Staff. Report and Summary of Planning Commission Proceedings By E Planning Staff o Argument: Appellants, Respondents, Appellants Rebuttal o Public Hearing Closed o Council Consideration and Action , 9:00 14. EXECUTIVE SESSION: Council will go into Executive Session- under the p provisions of ORS 192.660 (1)(e) regarding Real Property Transactions. 9:30 15. SPACE NEEDS III REPORT 15.1 Subcommittee Report i' 15.2 Council Consideration and Action- Resolution No. 84- F 10:00 11. POLICE DEPARTMENT ANNUAL REPORT o Chief of Police and Staff 10:45 16. CONSENT AGENDA: These items are considered to be routine and may be enacted in; one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 16.1 Approve Budget Committee Term Extensions - Resolution No. 84- LO � 16.2 Approve 'Council Minutes - January 16, , 23, 30 and February 7, 1984 16.3 Approve Bramble Bend Release of;the Maintenance Guarantee Bond and; l: Authorize Mayor and Deputy Recorder to Execute. 16.4 Approve Economic Development Committee Appointments Resolution No. 84 E 10:55 17. NON-AGENDA ITEMS: From Council and Staff 11:00 18. ADJOURNMENT y F k f t (lw/0316A) PAGE 2 - COUNCIL AGENDA FEBRUARY 13, 1984 R T I G A R D C T Y. C O U N C I L REGULAR MEETING MINUTES -`FEBRUARY 13, 1984 - 7:30 P.M. 1.i ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian, Kenneth Scheckla, and Ima Scott; City Staff: Frank Currie, Director of Public- Works; Bob,'Jean, ,City. Administrator (arrived at 8:38 P.M.'); Bill Monahan, Director; of Planning & Development (arrived at 8:05 P.M. left at 10:02 P.M.); 'Ed Sullivan, Legal Counsel; and Loreen,Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. Deputy Recorder advised Council of changes in the agenda, noting that the City Administrator would join the meeting about 8:30 P.M. and requested item 17.1 be placed under Non-Agenda Items for discussion of a Sales Tax Update by the City Administrator. b. Mayor Bishop requested Happy Valley ,Boardof Appeals Ruling be discussed as item # 17.2. C. Councilor Scott discussed with the Director of Public Works various street, lighting and improvement areas around the City. d. Mayor Bishop welcomed City Attorney Ed Sullivan to the meeting noting that Mr. Sullivan is visiting on'vacation from his sabbatical leave in Europe. f 3. VISITOR'S AGENDA (2 minutes or less, please) a. Mr. Gary Ott, 9055 SW Edgewood, Acting Chairman for NPO #1, requested Council keep on top of the health care facilities in residential zones which has been discussed recently. They are requesting that Council pass an ordinance if necessary to protect the rights of the individuals operating the businesses and also the residential zones. 4. EMPLOYEE RECOGNITION - 20 Year Pin - Doris Hartig a. Mayor Bishop read into the record a proclamation declaring February 7, 1984 as "Doris Hartig Day" as she has been with the City for 20 years. He also presented a gold key to Mrs. Hartig on behalf of the citizens and Council. b. Mrs. Hartig expressed her appreciation. 5. AAA SAFETY AWARD a. Ms. Mary Merit, representing AAA, presented Council with a plaque noting a fatality free year for the City of Tigard and noted that the City started the Pedestrian Protection Program in 1974. i RECESS: 7:54 P.M. PAGE 1 - COUNCIL MINUTES - FEBRUARY 13, 1984 i a 6. TURA BUSINESS MEETING a. Roll Call: Present: Agency MembersWilbur Bishop, Tom Brian, Kenneth Scheckla,' and Ima Scott; City Staff: Frank Currie, Director of Public ,Works; Ed Sullivan, 'Legal Counsel; and Loreen -Wilson, Deputy City Recorder. b. Deputy City Recorder advised the 'Agency Members that a report would be presented at the March 12, 1984 meeting concerning the procedure for TURA close out. C. .Adjournment: 7:56 P.M. RECONVENE COUNCIL MEETING:` 7:56 P.M. 7. PROPOSED AMENDMENTS REGARDING COUNCIL AND CITY OFFICERS SECTIONS OF TMC a. ORDINANCE NO. 84-06 AN .ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING SECTION 2.04.020, CITY ADMINISTRATOR, AND SECTION 2.16.020, MUNICIPAL COURT JUDGE, ADDING PROVISIONS FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY AND THE RECORDER IN THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. b. City ;-_torney stated .that a new ordinance is submitted with the deletion of Section 5 which dealt with Council advisory role. C. City Attorney reported that the ordinance provides for a full 5 member Council to vote on appointment or removal of City Officers. - . d. Motion by Councilor Brian, seconded by Mayor Bishop to adopt. Failed due to 2 - 2 vote of Council on motion. Councilors Scott and Scheckla voting Nay. e. Mayor Bishop noted this item would be continued. S. TRANSFER OF CITY PROPERTY - 124TH AVENUE PUBLIC HEARING a. Public Hearing Opened b, Director of Public Works gave summary of history noting there are three property owners involved and that they would be assuming the tax burden of the parcels of land if the Council approves the transfer. C. Public Testimony: No one appeared to speak. DIRECTOR OF PLANNING AND DEVELOPMENT ARRIVED: 5:05 P.M. d. Director of Public Works recommended approval of the transfer and authorization for the mayor and Deputy Recorder to sign the Quit Claim Deeds to formalize the transfer. e. Public Hearing Closed PAGE 2 - COUNCIL MINUTES - FEBRUARY 13, 1984 K €. Motion by Councilor Brian,: seconded by Councilor Scheckla, to authorize the Mayor and Deputy City Recorder to sign the Quit Claim Deeds to transferCityproperty to private ownership. Approved by ,unanimous vote of Council present. 9. 'THATCHER SIDEWALK REQUEST a. Director of Planning & Development summarized history and stated that Mr. Thatcher questions whether he can install a sidewalk along his property on 98th Avenue and in Summerfield and also be annexed into the SummerfieldSubdivision. b. Mr. Thatcher stated his property ends at the Summerfield Golf Course and he would be willing to install 'a sidewalk on his property and pay for Summerfield's"portion of the sidewalk also if he could annex into the Summerfield Subdivision. C. Mr. Dave Atkinson, President of the Summerfield -Civic Association, - stated the Association° feel's a sidewalk is not necessary on 98th Avenue in that location. He read ; into the record a letter sent to Mr. Thatcher from the Civic Association dated-2--9-83 stating they did not wish to have Mr. Thatcher annex his property into the Summerfield Subdivisions CITY ADMINISTRATOR ARRIVED: 8:38 P.M. { d. Discussion followed regarding City's policy ; on piecemeal sidewalk improvements. Consensus of Council was to not take action now and let the requirement stand for Mr.' Thatcher to place sidewalk on his property according to City standards as required by the Building i DiviS 1VL1• 10. COOK LANE SEWER LID PETITION a. Mayor Bishop stated he may be financially involved in this LID and would not be voting on the issue due to a possible conflict of interest. b. Motion by Councilor Brian, seconded by Councilor Scheckla to table this item to the March 12, 1984 meeting. Approved by a 3 - 0 majority vote of Council present. Mayor Bishop abstaining. 11. UNCONCEALED WEAPONS PERMITS DISCUSSION a. Motion by Councilor Brian, seconded by Councilor Scott to table item to a date uncertain per a request from Payless Security. Approved by unanimous vote of Council present. t PAGE 3 - COUNCIL MINUTES - FEBRUARY 13, 1984 3 a f 12. DARTMOUTH STREET LID ENGINEER'S REPORT a. Mr. R. A. Wright, Project Consulting Engineer, , synopsized the history of the request and stated he had returned to the propertyowners to discuss the assessment method. General consensus of property owners was received for the proposal Mr. Wright drafted. Mr. Wright continued by noting that the cost estimate for the project is $1,995,700 if the project' is let for bid during the summer of 1984. He also stated that the proposed improvement includes construction of a' 44-foot wide paved and curbed 'street within a " 70-foot wide right-of-way extending approximately 3,250 feet from SW 68th 'Avenue at its intersection with the new I-5 access ramp right-of-way to Pacific Highway a its intersection with SW 78th - AAenue. In -addition to the "street improvement, the project would' also include a 200-foot street stub for a future street extension to the south, traffic signal improvements on Pacific Highway, street lights, storm drains, waterlines, sanitary sewers, and other ` underground utilities as required to -minimize future excavation within;the ,pavement of Dartmouth Extension. The sidewalks would only be constructed adjacent to property that is already developed. Mr. Wright stressed that this should be considered only a street LID even though ,some sewer, water and sidewalk construction is proposed, } these are only to minimize future excavation of the street improvement area. b. City Attorney advised that the paragraph on page 5 of the report, dealing with Bancroft Financing, should be excluded from the report, - . as it is inconsistent with 'state'law. f C. Mayor Bishop stated he felt it only fair that the City participate in the LID if it is to be developed to major collector standards. d. Motion by Councilor Brian, seconded by Councilor Scott to accept the Engineer's Report with the deletion of the Bancroft Financing paragraph on page 5 and direct staff to prepare a resolution to call for a public hearing. Approved by unanimous vote of Council present. RECESS: 9:08 P.M. RECONVENE: 9:25 P.M. 13. PARK PLACE/BECHTOLD - APPEAL HEARING This was an "argument-type: hearing only. The Council advised the audience that they would consider only the record before the Planning Commission and that no new testimony or evidence would be considered which was not in the record. a. Public Hearing Continued from 1-30-84 PAGE 4 COUNCIL MINUTES - FEBRUARY 13, 1984 b. Legal Counsel stated a letter has been received from the appellant waiving the 120 day hearing limitation. He stated the findings, as they stand, may be inadequate, however the Council must apply the City standards to the plan presented and look close at the modifications made to the original application. The decision must be made by the Council whether the pian is so 'different from the original submission that it should be reconsidered by ;the Planning Commission. C. Director of Planning and Development spent time with the appellant and their attorney and thinks it is time to 'remand the issue` to the Planning Commission. d. Public Testimony: o Air. SteveJanik, Attorney; for Century 21, stated that they would request the issue be remanded to the Planning Commission for further modification. '..o Bob 'Bledsoe, NPO #3 Chairman, stated they had no objection to the remand, however,' requested` direction be 'given to the Planning Commission regarding street ` alignment, "T" intersection issues, and possible Murray Road extension questions addressed. o Director of Planning & Development concurred that the Planning Commission was looking for direction from Council. ' o Mr. Ralph Flowers, 117th & Gaarde resident, stated he was against the Murray Blvd. 'extension and concerned that this development, as it is currently proposed, would encourage that extension. o Ms. Betty McKane, 13950 SW 121st Avenue, did not object to remanding back to Planning Commission. She expressed some of her concerns to Council regarding location of road being too close to her home and water table ramifications. e. Public Hearing Closed f. Council dis ..issed the street alignment issues and Murray Blvd. extension concerns. Councilor Scheckla also had concerns that there was no mini-park area or street parking allowed and that the street width may hamper traffic movement. g. Motion by Councilor Brian, seconded by Councilor Scheckla, to remand back to the Planning Commission with the following direction from Council, (noting that the Planning Commission and applicant consider Council's concerns in developing a new modified plan): Gaarde should be designed to "minor collector01 standards and that it be aligned so as to provide for a 'IT" intersection and development to be in compliance with the Tigard Comprehensive Plan; the minor collector should be designed so as to discourage the use of Gaarde Street and the development streets as an extension of Murray Blvd.; the development be so designed as to meet the purpose of Planned t PAGE 5 - COUNCIL MINUTES - FEBRUARY 13, 198 Developments as 'set out in TMC Section 1.8.80.010 (A) (1) "To ' provide a means for creating planned environments through the application of flexible standards which`allow for the application of new techniques and new 'technology in community_ development which will result in a'"superior living arrangement." h. Councilor 'Brian stated he questions whetherthis development, as currently.,proposed, results in a "superior 'living arrangement". He noted':the streets were 24-foot wide and private .with no curbs, no sidewalks,' increased density of units designed for younger families, no street_parking, no park/open space area, etc. He also encouraged the applicant to consider these issues before making a modification proposal to the 'Planning Commission. i. -Motion to remand withconcerns was approved by unanimous vote of Council present. DIRECTOR"OF PLANNING AND DEVELOPMENT LEFT: 10:02 P.M. 14. POLICE DEPARTMENT ANNUAL REPORT a. Consensus of Council was to 'table item to a future meeting due to the late hour. RECESS COUNCIL MEETING: 10:05 P.M. 15.` EXECUTIVE 'SESSION: The Tigard City Council and Library Board went into Executive Session under the provisions of .ORS 192.660` (1)(e) regarding L Real Property Transactions. RECONVENE COUNCIL MEETING: 10:55 P.M. 16. SPACE NEEDS III REPORT a. Mr. Dick Bendixsen gave an updated report stating that the Air King site has tentative negotiations for $3.25 per square foot for 3 acres and the Sturgis site at $3.54 per square foot for 3.4 acres. He _ noted that the negotiations do not need to be final and stressed the success of this issue is going to be encouraged by total Council commitment. b. Motion by Councilor Scott, seconded by Councilor Brian, to accept the report by the subcommittee and assign Councilors Brian and Scheckla to continue negotiations on the Sturgis site and report back on 2/20/84 at a special Council meeting called at Tigard City Hall at 7:30 P.M. Approved by unanimous vote of Council present. C. Councilor Scott stressed that nothing should be hidden but total costs should be shown to the citizens when a proposal is presented for voter approval. Councilor Brian stated that the subcommittee had done an excellent job in the one week they were given and expressed his appreciation. 17. RESOLUTION NO. 84-10 A RESOLUTION OF THE TIGARD CITY COUNCIL EXTENDING BUDGET COMMITTEE APPOINTMENTS. PAGE 6 - COUNCIL MINUTES FEBRUARY 13, 1984 Terms of officeareextended from December' 31st to June 30 expiration dates to allow Committee Members to serve through the budget process. t a. Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 18: APPROVE COUNCIL MINUTES - January 16, 23, 30 and February 6, 1984 a. Motion by Councilor Brian, seconded by Councilor Scott to `approve. Approved by unanimous vote of Council present.'- 19. APPROVE BRAMBLE BEND RELEASE OF THE MAINTENANCE GUARANTEE BOND AND AUTHORIZE THE MAYOR AD DEPUTY RECORDER TO EXECUTE. " a. Motion by Councilor Brian, seconded by `Councilor Scott to approve and authorize execution by Mayor and Deputy Recorder. Approved by unanimous vote of Council present. 20. RESOLUTION NO. 84-11 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS TO THE TIGARD ECONOMIC DEVELOPMENT COMMITTEE:. The Committee recommended appointment of John Skourtes and Robert Nunn. a. Councilor Scheckla questioned how Mr. Skourtes qualified for the 72nd Avenue area representative'. Councilor Brian stated 'Mr. Skourtes owned business property in the area. b. Councilors Scott and Scheckla stated they could not support either Bish^^ nn!-e d this item would be applicant for appointment. Mayor .-r continued to a future meeting. 21. NON-AGENDA ITEMS: From Council and Staff 21.1 City Administrator stated the League of Oregon Cities wishes input from cities if there is anything further they desire to add to the current Sales Tax issues. Consensus of Council was to not add anything further at this time. 21.2 Mayor Bishop discussed an article he included in the Council packets regarding Happy Valley's ruling by the Oregon Court of Appeals on the order of a plan mix of 50-50 for single-family and multi-family units in the City. Legal Counsel stated the Legislature has amendedthe law and that the article was not correct as it appe red in the paper. 22. ADJOURNMENT: 11:15 P.M. ATTEST: Deputy City Recorder - City of Tigard Cit of Tigard Y Y (lw/0867A) PAGE 7 - COUNCIL MINUTES - FEBRUARY 13, 1984 TIMES U LI I " COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6318 BEAVERTON,OREGON 97075 Legal Notice Advertising City of Tigard a 171Tearsheet Notice 07),OP 4 1984 0 PO Box 23397 0 ❑ Duplicate Affidavit Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )'S' I Susan Pinkley being first duly sworn, depose and say that I am the Advertising Director,or his principal clerk, of the Tigard Times a newspaper of general circulation as define in ORS 193.010 and 193.020; published at- Tigan in the aforesaid county and state;that the Selected Agenda Items a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for '1 successive and consecutive in the following issues: Feb 9, 1984 Subscribed and vrn to before me this F ruary 13, 1984 Notary Public for Oregon My Commission Expire 3/16/87 AFFIDAVIT 5711 �Z q ��y.'$y�s ^- 3 f5U{YJ'a3S P3 t§Y'� :Ft y 74A'4.Yd k€ jb,i.?RE''y¢dL'4 ppP- {{- �� 5�L8�S#7��'•a+ '��R'6+Li�h�4.i7..'��'+S-sS�F M M0RANDUM' 'CITY OF TIGARD TO: Mayor and City Council February 10, 1984 FROM: Bob Jean, City Administrator SUBJECT: Agenda Update I have been asked by Chairman Munhall to attend' the Library Board meeting at 7:30 P.M. , Monday, February 13, 1984 at the Fowler Library. Several changes have occurred- since Agenda preparation, so I offer my Agenda Update comments now and I will plan: on joining the Council' meeting between 8:30 to 9:00 P.M. A revised Agenda and 'suggested timetable are attached. The numbers are the same but reordered on the,Agenda as to sequence The changes are: Cook''Lane Sewer LID Petition'—Table Nto consensus could be reached at the February < 9, 1984 informal meeting with property owners. Additional meetings will be necessary before itcanbe determined if any part or all of the proposal can even proceed. Staff, will rework the draft proposal and hold additional informal meetings with property owners and report back to Council. Unconsealed Weapons - Table The applicant has asked to table. Space Needs III -- Move up on Agenda The Library Board has asked to better coordinate its earlier meeting with the Council's meeting, not as "Old Business" to not be last on the Agenda. This item has been advanced to a 9:00 P.M. Executive Session and a 9:30 P.M. Public Report. Police Annual Report - Move later on Agenda 0 Reset to 10:00 P.M. to accommodate other changes. Additional Council packet materials from the Space Needs III Preliminary Negotiations Sub-Committee and some Budget Committee materials are also transmitted herewith. RWJ/pn Enclosures (0257p) R I t AGI3NDA ITEM . 2 — VISITOR'S AGENDA DATE FEBRUARY 13, 19$4 (2 minutes or less, please) i I wish to testify before the Tigard City Council on the following item: ; (Please print the information) f NAME, ADDRESS & AFFILIATION ITEM DESCRIPTION u k 41 o,t`!rix d i F x, b>` �j t E DATE 'January 30, 1984 I wish to testify be'f'ore the Tigard City Council on t the following item: (Please print the information) Item Description: V. PARK PL:ACEJBICHTOLD APPEAL HEARING r "Mhc Council shall notconsider any new testi.mony or evidence no on record from the Planning Commission hearing. Appellants Respondents Name, Address and Affiliation Name, Address and Affiliation f( Al i14it4./r/e J7/L �ei11 �j f /f1iJ��f-r t a %3�-Tr IT At a C'A/ti G �1, o Sw lrylsr�<�}tlt, ,tc�k� ,j C�t, I �e. DATEFEBRUARY 13, 1984 I wish to testify before the Tigard City Council on ; the following item: (Please print the information) Item Description: # 8 - TRANSFER OF CITY PROPERTY - 124TH AVENUE PUBLIC HEARING Proponent (For Issue) Opponent (Against Issue)' + Name, 'Address and Affiliation Name, Address and Affiliation ' rf 1 i f, R<. k 3i EI r _ t` E DATE FESRUA22Y 13 1984 s fl I wish to testify before the Tigard City Council on e the following item: ' (Please print the information) ITEM DESCRIPTION: {r 13 - _PARK, F PEAL HEARING Appellants (supporting Appeal) Respondents (Against Appeal) ��ei:3c�Ezstic�e�e�e*x��CsticYe�t��zk��k�krt*Ylrtic9eye�t��e�iY* kic*itic3c�eicic�ic�:itse��#y�at*�ic3etcic±c�'eic*tert�ve*ted*Yeiert Name, Address and Affiliation Name, Address and Affiliation 151 61 tt 1 rt � Ii Ii f +'+ i i 1i ♦ Sf IIUII t ,11Ut iltilll I ltn 71' 5111111 SII/111 �tlllll I171i7) I ; Te I PROCLAMATION DORIS HARTIG DAY I February 7, 1984 aS' x,y:'• -WHEREAS, Doris Hartig has served the citizens of Tigard since"February 3, 1964 in the capacity of Steno: Clerk, Ir 111"' F.inance Director, City Recorder: and, ;.currently as. Assistant Finance Director: and "# ..:WHEREAS, Doris Hartig has been instrumental in the City's �=s development during her twenty years of dedicatedservice; ss a period which has been fraught with challenge and change as the community has..grownfroma :population of .2,203 to, s over 18,000; and WHEREAS; . Doris Hartig has, during that .period,' gives unselfishly of her time and talents to the benefit of the entire community; and WHEREAS, the citizens of Tigard recognize that such ??I dedicated community service cannot be compensated for but wishes to record the community's appreciation to Doris i€ Hartig for her dedicated service to the City. NOW, THEREFORE, be it known that 1, Wilbur A. Bishop, Mayor of the City of Tigard, do hereby proclaim February 7, 1984 as DORIS HARTIG DAY ,1! Given under my hand as Mayor of the City of Tigard this r 3rd day of February, 1983. /�7 Wilbur A. Bishop, Mayor City of Tigard, Oregon -' 1t111 I_. till. r � 9 y A ? � � 1 � r -� far eg\ •. r* ?. , •a +!, fs' Ata ulv °um� ;nn' !un nh ndil ij}I Ailill nn`! SS s \ 1+{ i Qu ,+J '.FF_�...Slial t•is\111 11t1 l t fi' 111 1\LaA\F/ UgIV i. ..Ildfid[�. iE--ls. ..l i s CITY OF TIGARD, OREGON F COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM AGENDA OF: FebruarY iia 1983 PREVIOUS ACTION: DATE SUBMITTED: January 20, 2984 ISSUE/AGENDA TITLE: AAA pedestrian Safety Citation` REQUESTED BY: O Ma Award r}r CITY ADMINISTRATOR: DEPARTMENT HEAD OK: ® - INFORMATION SUMMARY The City of Tigard, when compareedntotsimilar cities, has d haa successful o a y by pedestrian safety program according A . Mary Merritt, the Public Relations/Safety Director at AAA, has requested to present the award to the Mayor and City Council . ALTERNATIVES CONSIDERED None vemmcsffica.�xs�'�—s�szssas�zxmssresas�ascs�xtuasssme r&a� v 3tmsm�gnscx:eaassxcav�ssu>tmsvacssmst�m2xsraa¢rxarts=xxs SUGGESTED ACTION . ` The Mayor accept the AAA Pedestrian Safety Citation Award. safet TIGARD HAS EARNED THE PEDESTRIAN SAFETY CITATION FROM OREGON TRIPLE A' FOR ITS ACHIEVEMENT IN THE PREVENTION OF PEDESTRIAN FATALITIES AND INJURIES. THE AWARD IS ONE OF '292 TOP CITATIONS TO BE PRESENTED BY AAA CLUBS ACROSS THE COUNTRY IN THE FEDERATION' S 44TH 'ANNUAL PEDESTRIAN PROTECTION PROGRAM. MORE THAN 2500 CITIES AND 29 STATES PARTICIPATEDINTHE AAA SURVEY WHICH EVALUATES AND RECOGNIZES OUTSTANDING PEDESTRIAN SAFETY ACHIEVEMENTS OF f' PARTICIPATING COMMUNITIES FOR THE PREVIOUS CALENDAR YEAR. THE AAA PEDESTRIAN PROGRAM, UNIQUE IN THE NATION, FOCUSES ATTENTION NATIONWIDE ON PEDESTRIAN SAFETY NEEDS BY STIMULATING INTEREST ON THE LOCAL LEVEL IN PEDESTRIAN-RELATED PROGRAMS. RECOGNITION IS GIVEN TO CITIES AND STATES THAT HAVE DEMONSTRATED SUCCESSFUL PEDESTRIAN SAFETY PROGRAMS. SINCE I.937 WHEN AAA BEGAN DEVELOPING THE PEDESTRIAN SAFETY PROGRAM, PEDESTRIAN FATALITIES HAVE DECLINED 44 PERCENT EVEN AS MOTOR VEHICLE REGISTRATIONS JUMPED 455 PERCENT AND THE NATION' S POPULATION GREW BY '80 PERCENT. 500 S.W. MARKET STREET,PORTLAND,OREGON 97201,(5033)222-5749 i r COMMUNITIES PARTICIPATINGINTHE AAA PROGRAM ARE JUDGED WITH r OTHERS OF COMPARABLESIZEANDCHARACTERISTICS. PROGRAM AREAS EVALUATED I=NCLUDE MAINTENANCE OF ACCIDENT RECORDS, SAFETY LEGISLATION, ENFORCEMENT, TRAFFIC ENGINEERING, QUALITY OF SCHOOL TRAFFIC SAFETYPROGRAMSAND ACTIVE PUBLIC INFORMATION AND EDUCATION PROGRAMS. f 1 k i. f i t i t t _ 1, d: E �r FACTS ABOUT PEDESTRIANS July, 1983 1. The first recorded traffic fatality in the United States occurred in 1899 in New York City - the victim was a pedestrian. 2. Since 1937, when the AAA was developing the Pedestrian Protection Program, pedes- trian fatalities have dropped, from 15,500 to 8,700 in 1982. This represents a reduction of 44 percent. During this same period, motor vehicle registration increased 455 percent (30 to 166.5 million); population grew by 80 percent (128 to 231 million); motor 'vehicle travel jumped 479 percent (271 billion to 1 ,570 billion miles of travelnon-pedestrian fatalit ,); and have increased 56 percent (24,143 to 37,600). 3. It is estimated that the economic loss resulting from pedestrian accidents is ` over 200 million dollars annually. ; 4. Of the adult pedestrians killed in accidents nearly one fourth had been drinking. 5. More than one half of all pedestrian traffic fatalities occur during hours of i darkness, although pedestrian and vehicle traffic is significantly cess at night. 6. The majority of -pedestrians killed in traffic violated a traffic law or committed an obviously unsafe act. 7. Ninety-three percent of all children injured enroute to or from school were struck ` at locations where no type of special school crossing protection such as Safety Patrols, Adult Guards, or Police officers were in use. 8. The total number over pedestrian deaths during 1982 was 8,700. This represents a 3 percent decrease over"the 1982 figure. Seventy-two percent of all pedestrian deaths occur in urban areas, while only 29 percent of all motor vehicle deaths occur in urban areas. 9. Pedestrians below the age of 15 and those over 64 account for 40 percent of all pedestrian fatalities. 20 percent of all pedestrians killed are under 15, and approximately 41 percent of all pedestrians injured are under 15. Older adults account for approximately 21 percent of all pedestrians killed, and over 8 per- cent of all pedestrian, injured. { tatistics first became available, nearly one half 10. Since 1928, when national s million pedestrians have died in traffic accidents. 11 . The pedestrian death toll exceeds combined air, marine and rail transport deaths by three times. 12. Pedestrian fatalities account for 16 percent of all highway fatalities and 4 percent of all traffic injuries, 13. Although more than twice as many pedestrians are killed in urban than rural areas, the chance of death compared with injury is much higher in rural areas. Lower vehicle speeds, _oetlter and more extensive police traffic enforcement and superior emergency medical services account for the better chance of survival in urban areas. 14 The national pedestrian death rate in 1982 was 3.1 per 100,000 population. The national injury rate was 51 per 100,000 population. These rates vary in differ- ent` parts` of the country, as they are affected by many factors, including the number and size of cities and their relative population densities; per capita vehicle ownership; deviation of population age groups from the national propor- tions of accident-prone age groups (senior citizens, for example); ethnic compo- sitions; and importantly, the effectiveness of pedestrian safety programs. 15. Preschool children from two to six years of 'age are estimated to be' involved in from 18 to 25 ;percent of all pedestrian accidents''-- yet this age group repre- sents only about 6 percent of the total population. More than two out of three preschool pedestrian accident victims are male. 16. It is estimated that over 300 children are killed playing in their own driveways each year. 17. The national pedestrian death rate per 100,000 population decreased substantially from 4.4 in 1972 to 3.1 in 1982. During that same period the national pedestrian injury rate per 100,000 population fell from 81 to 51. z k a { y r CITY OF TIGARD—__`OREGON F COUNCIL AGENDA ITEM SUMMARY 3 i AGENDA ITEM 4: 5 AGENDA _13 OF:- Febrl-iaj 19Rd PREVIOUS ACTION: v DATE SUBMITTED: February q� 1QR4 ISSUE/AGENDA TITLE: TURA REQUESTED BY: f s' i 1, CITY ADMINISTRATOR: , DEPARTMENT [-LEAD 'OK: t. INFORMATION SUMMARY "s i ' i ` There is no business before TURA. for the February 13 meeting. The TURA 3 meeting should be opened to comply with the meeting requirements of the urban renewal program. , r Staff expects to report at the March 12, 1984, meeting concerning the procedure for TURA close out. 6 ---- - - _ALTERNATIVES CONSIDERED The Council should open the meeting and close it, there being no business. s P_ SUGGESTED ACTION Staff_sut;ge:�t _that the Council open the meeting, then close it. 4 - - Item #6is held over to February 22, ,1984 Council Meeting. �T z ° * l CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Feb AGENDA ITEM b: _ 6 DATE SUBMITTED.• PREVIOUS ACTION: Request of Council ISSUE/AGENDA TITLE: COUNCIL - CITY on I-30-84 REQUESTED BY: OFFICERS AMENDMENTS DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY At the January 305, 198+ Council meeting, Council requested this item be rewritten to include not only the City Administrator but the Municipal Court Judge T; City Attorney and City Recorder. This has been done and is attached for,your consideration. _ =ffi=ffi$GLYffiffiffiC==Q ffi'Rffi�@@ffit!Sffi======GCS==L•= ALTERNATIVES CONSIDERED ---- --------- l SUGGESTED ACTION CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 13, 1984 AGENDA ITEM h: 7 DATE SUBMITTED: February,8, 1984 eREvxous ACTION: ISSUE/AGENDA TITLE: Thatcher Sidewalk request REQUESTED BY: Dorwin Thatcher CITY ADMYNISTRATOR DEPARTMENT HEAD OK: INFORMATION SUMMARY Mr. Dorwin Thatcher recently completed construction of a home at the corner of SW 98th and SW Kimberly Drive`. A condition of the Building Permit was the installation of sidewalks on SW 98th and on SW Kimberly Drive in front of the home. Mr. Thatcher has not:installed any sidewalks to date. There are no sidewalks along S41 98th from Mr. Thatcher's north;property line to Summerfield Drive. Mr. Thatcher feels that the sidewalks should be installed the full length of 98th from Kimberly to Summerfield or not at all.: Mr. Thatcher is willing to install sidewalks the full length of SW r 98th if the Summerfield Civic Association`will annex is property into Summerfield. 2CCC CfC>aI316CCC===SSC9C iCC=iC,CC CSC6=C=CCm===C�•_•�—••�'______«_^—_�•—__•�_��-- ---_ ALTERNATIVES CONSIDERED 1. Support Mr. Thatcher's proposal to install sidewalks the entire length of SW 98th and be annexed to the Summerfield subdivision. 2. Relieve Mr. Thatcher of the requirement for sidewalks in front of his property. 3. Require Mr. Thatcher to install sidewalks in front of his property. SUGGESTED ACTION Staff recommends that the Council support Mr. Thatcher's proposal to be annexed to -`Summerfield and install all of the sidewalks. However, if Summerfield does not agree to annex Mr. Thatcher's property the Council should require Mr. Thatcher to install sidewalks on SW Kimberly and SW 98th in front of his home. OD co , p 0OO 0 N QO 0 OD O Oa10 O e r; s ti4 106 45 39 95 7692. l4. 16 C e 0. a ii --. 03 2S G4 4130 65.60 0 X64 '^i i ! o' ro t ro ® 2 gra ro m J1 ' ii 12 OURT 1as.34 �g ti ti 103.19 o $ 0�� `� 59.57 47.33 92 3d W ,G. Q®gyp �v� ts�' ty °^ SERENA _ W f.0 w N O r (n '® a N• _ s� G'D. Ni O S0 p O e G 60 ro `m z 0 CA O (A O S I o N O w to -4 ofQ a N O $ N 0 a 83 107:42 8 �' ® 29.62 60 50.27 0� ,�� •d9 O 0 �$ �`�4\ aOV)��1 v0 v3 �y\ 125.49 j ; 65 �� c➢.. Ol, 47 .15 �� ti®c CA0 N .. r 69. ® s> � rn O ?3 d� o D c0's 833. 6 csp = J O /- 8 e ' �a O TT 53 � 150 .-..,, '6Y ® 6T• T@.28 � HT � �., fdQ°4. PWE.0 ' ,' ®�j�y _ OL O O O ISO 117.58 CD w N 61 . G7 w O CS pr 21 .R. N0. 2048 (56 wIDE) I 3: _ 98 th a• wN 00°i3`E W 12.49 CHAW C, PUBLIC 1013/31 (39561) 53 50 37 52 a. 416.9 e 8_ 8 ^� 10-3 fl ( 1 79fTlT/A.%Y . 7,9p.T1Y1799'7JF9' _ 16 f 4ITO ( 2.91.71 3 N 00,07` 0 �?r �i66J, C31I 2' 'f',g 75 i9 V R1t w O: 0 a �!J S 0 cr�S a 6s�, O s '' f=3!s 0 un /4947 I,j.)'di•£ �3q r� n.. 11 � `�• E Ovic Association Summerfield Club House SUMMERFIELD DRIVE TIGARD.OREGON 97223 February 9, 1983 Y Mr. (Irwin D. Thatcher 15085 S.W. 89th Place I Tigard, Oregon 97223 Dear-kr. Thatcher: 1 Your letter requesting annexation of your property to Summer- E field was presented to the Board of Directors of the Summerfield Civic Association at their regular meeting on February 8, 1983. s The Board unanimously concluded that we do not wish to annex ` additional property. Sincerely, J. M. Greene President JMG:j q F K7 7 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM h: AGENDA OF: PREVIOUS ACTION: !` _ nail cPt DATE SUBMITTED:' 2 8 84 ISSUE/AGENDA TITLE: Authorize Execution Public Hearina '12 of Deeds transferring it proper REQUESTED BY: QirgLl r Q PUbll W ks L on 124th to private ownershi CITY ADMINISTRATOR: DEPARTMENT HEAD OK: ...==.s...:sa:=aas� _ INFORMATIONS_ U_ MMARY The City Council of the Cr y of Tigard previously, agreed that it is in the best interest of the community ,to return undeveloped, unused real property to private ownership and, thus, to the tax roll of the community when such property has no known or forseeable;public ownership value; and in the particular case of this real property, on May 23, 1983, the City Council reafirmed that the aforementioned pre- mise was applicable, having been derived from the following findings of fact: 1), The land was originally conveyed to the City in 1969, in the course of platting Brookway subdivision; part of it being dedicated public right-of-way and part of it being greenway. 2) The land became of no practical or forseeable public use in 1979, in the course of the platting of Lake Terrace No. 2 subdivision. 3) That the City, in conjunction with the original owner and developer of nd toway V subdivision, desires to return the land to the tax roil by conveying abutting lot ownerships. 4) That the abutting ownerships are reen thoiughabhe physical rarea sof�the ndlll be landisnot assuming the tax burden thereof, of sufficient size to permit construction of a dwelling unit thereon. The City Attorney recommended documenting this action via enacting a resolution and holding a public hearing. Subsequently, submitted herewith, please find three ion of this action. Quit Claim documents and a resolution which will facilitate complet -------Dims------ ----------------------mz-,===z=az SUGGESTED ACTION Staff recommends that upon termination, of the public hearing, Council authorize the Mayor & Deputy Recorder to sign the attached Quit Claim documents to complete this property transfer. a CITY OF T'IGARD, OREGON RESOLUTION NO. 83-_ZL�1. A' RESOLUTION OF THE CITY COUNCIL PROVIDING FOR SALE OF 'REAL PROPERTY, DESCRIBING THE PROPERTY TO BE SOLD, THE BACKGROUND CIRCUMSTANCES,' THE PROPOSED USE THEREOF, DIRECTING PUBLICATION OF NOTICE SETTING A TIME AND PLACE FOR A PUBLIC HEARING. I ' WHEREAS, the City Council of the City of Tigard considers it to be in the best interest of the community, to return undeveloped, unused real property to private: ownership and, 'thus, to the tax roll of 'the community when such property has no known or 'forseeable public ownership value; and WHEREAS, in the particular case of real property described in the attached Exhibit "A1°, the City Council finds the aformentioned premises is applicable, having been derived from the following findings of fact: 1) That the land described in Exhibit "A" was originally conveyed to the City in 1969, in the course of the platting of Brookway subdivision; part of it being dedicated public right-of-way and part of it being greenway. 2) That the land described in Exhibit "A" became of no practical or forseeable public use in 1979, in the course of the platting of Lake Terrace No. 2 Subdivision. 3) That the City, in conjunction with the original owner and f . developer of Brookway Subdivision, desires to return the land t i described in Exhibit "A" to the tax roll by conveying said land t to abutting lot ownerships. 4) That the abutting ownerships are ammenable to acquiring said /land �.. and, subsequently, will be assuming the tax burden thereof, even though the physical area of the land described in Exhibit "A" '. and,, also, in Exhibit "B", "C" d "D" is not of sufficient size to t . t permit construction of a dwelling unit thereon. i EN NOW THEREFORE, 11 1S FII-RLBY RLSOLV6D: Section 1: That the City Council of the -City of Tigard, Oregon, considers it to be in the best interest of the community to convey the land described in Exhibit "A" to the abutting lot owners for a minimal nionitary consideration. Section 2: That the City Council of the ,City of Tigard, _Oregon, directs that the land described in Exhibit "A" be partitioned and conveyed to the abutting lot owners by Quitclaim' Deed,' for residential use, as attached hereto denoted Exhibit "B", "C" and "D". Section 3: That the City Council of the City of Tigard, Oregon directs the City's Recorder to publish notice of the proposed conveyance in the Tigard Times on h'eh_ 7' lQR6 said notice to consist of the text of this Resolution and Exhibit "A". Section 4: That the City Council of the City of Tigard, Oregon, directs that, 1 on Feb. I3,_ 9� 84 at 7:30 p.m at Fowler Jr. High School, 10865 SW Walnut St. , Tigard, Oregon, a public hearing shall be held concerning the proposed conveyance; at which time and place any resident of the City shall be given an opportunity to present written or oral testimony thereinregard. PASSED: this Ify day of I/) c _ 1983. Mayor ATTEST: Recorder d T FORM City Attorney (JH/dc-004135? -rim ,9 ° 'khat portion of land in 'the North�n.st quarter of Section 3; Township South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the initial point, of LAKE TERRACE,,a subdivision of record in Washington County, Oregon; thence South 01034'40", West a distance of ii.iu feet to the true point of beginning; thence running along an 85.00 11°19'34", the foot radius curve to the left '(having a central angle of lon- chord of which bears South 56°18'11"'I-lest 16.78 feet) an arc distance of 16.80 feet to a point; thence South 50038124" West a distance of 46.75 feet to a point; thence along a 40.00 foot "radius curve to the left (Navin® a central angle of 90°00°00'°, the 'long chord of which bears South 05038124" West 14:14 feet) an arc distance of ,15.71 to a point on the East right-of-way boundary line of fifty foot wide SW 124th Avenue`; thence South 39021'36" East a distance of 4.59 ,feet to the most ;Southerly corner of TRACT 111 of BROCKWAY, a subdivision of record in said County; thence along a :192.20 foot radius curve to the right (having a central angle of 4005611611, the long chord of which bears South I8153128" East 134.42 feet) an arc distance of 137.33 feet to',a point on the West line of LOT 09 of said LAKE TERRACE Subdivision; thence North 01034'40" East a distance of 183.83 feet to the true point of 'beginning of this descriotior. v - f<°� TE ERE N E= , za00 2000 z0 31) 11 5100 5000 11 4900 27 e 2G 51 0 5c) 8 . 49 s .00 coo 1 a ' a0 7y.7P 111600 2500 5200 aa-ao 7'.+ esa.7T to 1 23 ffi 25 e 52 2 . 6400 NV � `.00 100 100' , (• 1111+++4 n :00 2400 5300 TRACT 'U, • i z 2 ... 0 29 24 '"0 :D 0 53 0 Q� v 0 ^�a p x Z 1 180 100 t00 � �•� ` a .00 2300 > 5400 • Y 2` 30 x 2354 ovl 0 0 r` 1OeA 1 �Op 100 8 8614 100 ykPgYt . 70 2200 a 31 22 o rOOH 4L t.86° • � • A0 2100 2101 S o s.f °3 2 Ire 32 21 w 119.6` £ .d, h `♦ P 1� ' - IV o -.` a•4o 2P S n ,—p-- 30 8200 19 10 8100 0 9 NO e 2000 20 `�cr w ' e 0 % z•--? u 8001. 8300 - .� � A 1Cr•e) toy .. e 1800 y h 00•2.1 20 1•'a a C 1•• 18 1900 x'1 .1_ •a Y 1700 19 0 17 PO °' as-\ - r ,• l�r.ie _... -- TRACT 'A Goo 0- ROOKnC T o y•' 7900 1G 14 111 1 Y fl `r ••a MNn' lt'lrf K1:�'s 1n 7 �•' � dll.l� 7• 1215, ONE EXHIBIT B" _ _ _ _ FORM Ne "I—OUIXt.k.DEED llwa.�auel a C p .I _ 9,,�� QUITCLAIM DEED The Cit of Tigard, a•,Mtnict,pal .q KNOW ALL MEN BY THESE PRESENTS,That... ........ x.. - _ ..,.hereinafter called grantor, - corporation for _ the consideration hereinafter stated,Idoes hereby remise,release and quitclaim unto Ben H. Davosa .. nd Anna'.Q. Davi..s ,.hp.S17.dOsl..dAd.:.WxfE:..... ..... : hereinafter called grantee,and unto grantee's heirs,successors and assigns all of the grantor's right,titleand interest in'that certain real property with.the tenements,hereditaments and appurtenances thereunto beelonging Orin any- wise appertaining,situated in the County of .Wa Shing CUR: .. . :„Siete of Oregon, described as follows,to-wit: 2S1 3BB '•' TL 8200 r. A parcel of land located in the northwest quarter of Section 3, T. 2S., R.1W., W.M. C Try. of. Tigard,.Washington County,;Oregon,<being more particularly]described as ' follows; Beginning at the northwest corner of LOT 9, LAKE TERRACE, a recorded plat;: thence on the west line of'said..LOT 9, s.010 34'. 40" W 60.00 feet to the'southwest corner of that parcel conveyed to Ben H. Davis and Anna 0. Davis, husband and wife, by document No.''79-03485', Washington county deed records; thence on a westerly extension of the south'line o£'said,Davis parcel N88° 25'-.20" W 3.20 feet to the east right- -of-way (the long chord line of S.W. 124th avenue; on:said:right-of-way line, on ng chorrdd of foot radius curve to the left having a''central angle of c18° 37' 11", which bears.N 18° .17' 42" W 62.20'.feet) 62.46 feet; thence N 500.01' 31" W 32.40 feet to the northwest corner of said Davis parcel; thence an the west line of said LOT 9'.S 01°•-34' 40" W 20.00 feet to the point of beginning. IIF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE SIDEI To Have end to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever. The true.and actualconsideration paid for this transfer,stated in terms of dollars,is$. none..-. O'`However, the actual consideration'consists'of or includes akEer-lDrepe+43`'EA-value given or promised which is rh °N ey,e,consideration(indicate which)O(The sentence batween Phe Pyrbola O,if not applicable,should be deleted.See ORS 93.030.) In construing this deed and where the context so requires,the corporations includes the plural..and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. r 19 7n Witness.Whereof,the grantor has executed this instrument this day of...::. if a'corporate grantor,it has caused its name tobe signed and seal affixed by.its officers,duly authorized thereto by. _ order of its board of directors. III eeera.e by a......ml.n, .. ... .. .. STATE OF OREGON, ss STATE OF OREGON,County of ._. County of - - -- - and _.......PeraonatlY aPPesrod.. . . _.. ._. ......,19 __. --h.,being duly sworn, a red d the abave name """""""""'""•"' FersonaJ/Y PDea -' - - each for hirsuoll.and not one for the other,did say that the former lathe ...._............................................... _.. .............. ,....president and that the/after is the .. .... .........._.safety of - ........ ...................... .... ,a corporation, and acknowledged the foregoing fnstru- and that the anal affixed Po the foregoing imtrumen:is the corporate$eat men, Po be f a_ .. ...voluntary act and dead. of said earPoratfon and the!said instrument was signed and sealed in be- Betore m hall of aafd corporaffon by authority o1 fix board o1 directors;and each o { (OFFICIAL them acknowledged said insbvment to be its voluntary act and deed. SEAL) ..... 8e/ore rne: _....._ (SEAL) - Nofary Public ter Oregon ....................... .........-•"- ............... My commission expires: Notary Public far Oregon Yy commission expires: CITY OF TIGARD STATE OF OREGON, 12755 S.W. Ash Avenue P.O,, Box.23397,_. ..... ss. 97 .. .. .....___. County of................................... Tigard., OR 223 aa,„•oa.NAua AN°Aooaiss 7 certify that the within instru- ^..-n N. �n,x Annr n; Ilnvi4 mint was received ter record on the .. .-, .............day of...........................19 12280 S.W. 124th Avenue ........ __ at__-..............o'clock.. M.,and recorded Tigard, OR 97223 _.. ._... a„eNrera_x ANo Aooasaa ........ sPAcx asseavxo in book/reel/volume No....:. ......."on AIIr,ee..rdinp re -- raa ........ ....... as document/lee/fele/ aeeoaceaa use pageor Grantor instrument/microfilm No. ... ....... ..,, Record of Deeds o/said county. Witness my hand.and seal of v.ws;Aoonue.:Ie county affixed. Vnlil a rh na.I,raee.n.d ail lee.Iar.mrnlF FAali te+.anl I+Efi+I.Ii.win!add,.n. ._ _..... ..................................Deputy.... By ...sus• o cse.zv . .. _... . .-.:.-..s NO BUILD I_y.C=._PP£P.htlxS..T0.9E-_S53UEB=0N--TFF1 S.—PROPER—TY— 'This -instcurrent:"&xs riuE: gc�uarantee that any pxct.icvlar use may Lx m3�of ttx;.property descrlLxad in this In'eru- rrL;nr. A tx.�E:r stxxild L•Fx:ck wst.h tlx! acprP:prlaLe crry Lt ocwnty plaTlnirq c1=pE:. tc�verify a�ro�tid plans:' .der` - — ,r. � •'S\ •�4 ro .i lgigis in; 1p; so so' so eo o O o, N ,•4 z' zo"E NLi p ': N N O 0 po A O � 403 L•®1 6 a 1 N,+42 Zt)E N `e L gee Jp.. ✓ e•` e4 BO s0 J M• E6 03 •:' s n N ° 'r d O . •tl O03 • v 4 L, 664 ra, NNN G ,C! .L.•)r k 1.� Off' . Y q t..•• t ®034 tf M peeo�t0��T• sso's'S t 1 ``i e9•o V , - NO t°. 60 499. b S. CP CP 124th d 315 94 t0 ��` { *t: c ,0 1"`I ^, j93 b t ai�t )c 300. c.+� : ..y .y 'R'I$ 1.ad d • �T a• 4 f A t .: ✓,S.y°��f�G•t'8V �'oo y` ?e• ItD �( � . s," r� O.jY�go a Y .'O "° o:. aw ty � '- a A vi t \3 Y r �• p Q °'',. , t ``{ LT ID .` g�. Jr .•.. 1raA�•yt+•4 F, r0 +' ; Y it•�. .•P: r t tis mal n` N d y",� .r'+'✓�i. r + .00 • m .gy°° 'rY �:• e _ •U rt ib_ Si'P 3�3+7 : `�, J_ C6 f. -ti Cr y rD w m 1 • ( (( ds a2 3101^ '40w " s0 u11 'y D • _193.02 l '80 0 �. 56. •. .... N n ®n.l�� )> Za . :`a.E'�-•®• N L�.49 32"£ : 01•3440 E 13G, u V J is CO � ,f > Cl �: vp • v f®� 74 I ® r. •4d n ..� Ob O / — . o�-11 o :09,x. Z T4 10 ..r , .•� 69.10 65 .� �1� ✓�- O o SI S t ® ry W _ W Q W b' e ✓ 0 e. w W J n 9g �C=g�42.f f �, .c'. t�•.. _z:.. (fit J a1. 63CD L0 ••CL � d O. ® co and :,. 1 '. `. LLL 17, �A a..� , O _ n d4A �.. , 1 .�ti .1 0 ,� ,u _ g . ,�. IF A M �r R•d'S N a.11 a rb � • ,_�-- rJ9 O _ v .1)• L C� 1l "- EXHIBIT C _ ....na....,"' IO.M No 7=1-0017CEAIM DEED Ilndirid..l C P al•I. -- ':. _ QUITCLAIM DEED 9 KNOW ALL MEN BY THESE PRESENTS,That..0Q...S?it:Y of..T>gard a.'llhereinap Corpolratign. ..... ter called grantor, ..:. ... .. 1111._ `for the consideration hereinafter staled,does hereby remise,release and quitclaim unto , Raymond J, w.ilkey.d[1d.3u.dz.ky..AD.O--?dz1.kQ.Y.+..:husand assigns of .hereinafter called grantee,and unto grantee's heirs,successors and assigns all of the grantor's right, title and.interest in that certain realpropertywiththe tenements,hereditaments and appurtenances thereunto belonging oris any- wise appertaining,situated in the County of ....Washington 1111..,State of Oregon,described as follows,to-wit: 2S1 .3BB TI.'8100 A parcel of land located in the northwest ;quarter-of section 3, .T.2S., .R.1W., W-M- - Clty-"of.Tigard, Washington.:county,.Oregon, being more particularly described as - follows: Beginning at the southwest corner of that parcel conveyed to Ben:H. Davis and Anna t 0. Davis by document no. 79-034835, Washington County deed records, said corner being on the west line of LOT 9,,LAKE TERRACE, a recorded plat; thence on the west line of , said LOT 9:S 01x 34' 40" W 34.93 feet; thence on a 192.20 foot radius curve concave tdrhr southwest (the long chord of which-bearsN 030 39' 24" W35.08 feet) 35.12 feet: to the intersection:with a westerly.'extension of the south:line of.said Davis pdreel; thence on said extensions 88° 25' 20" E3.20 feet to the point of beginning. "untaining.93 square feet more or.'less. IIF SPACE INSUFFICIENT.CONTINUE DESCRIPTION ON REVERSE SIDEI To Have and to Hold the same unto thesaid grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for thistransfer,.stated intermu of dollars,is,4 none .. valve given or promised which is --however, the actual consideration consists of or includes eRl[eF-Pr+'+Per13`appl icabte, F , onsideration(indicate which)U(Th....t.nce between the symbols'O,if nolnpplshould be deleted.See ORS 93.030.) in construing construing this deed and where the context so requires, the singular includes the plural;and all grammatical changes'Shall be implied to make theprovisions hereof apply equally to corporations and to individuals. 19. .1 In Witness Whereof,the grantor has executed this instrument 3his. ..':.day of.::.. . if a corporate grantor,it has caused its name to be signed and seal affixed by its officers,duly authorizedthereto by order of its board of directors. ... ...-_............1111 "1 111,111,by°rerP.•.Nsn, .......... ............ .1.111•.. . 1111-1111.. ........... cll.a,.rD•rD,•.•011 - STATE OF OREGON.. ) xs. STATE OF OREGON,County of Count'of .. ... _ _. and Personally appeared .......,....1111 _1111 1111,l9.......1111 .......who,being duly sworn, personally appeared The above named 1111 .........- ._._..... ...............__............-...1111. eeeh for h In and net on I r tha other,did say that she!ormer is the .......................... -._,,,,••,,,,,,,,,,,,,,,,President and that the[steer is the _...:....... .. 1111.._ 1111..1111. ...secrelerY of.. ... 11...11.........................._....,a corporation, ...........:...........1111..-..........e 1tile........-........ and acknowledgedlhe foregoing inatru- and that the seal at Ise to the foregoing instrument is the corporate teat ment to be ._.voluntary set and deed. of said corporation and that said instrument was signed and sealed in be half of said corporation by authority of its board of directors;and each of Be[.,.m (OFFICIAL them acknowledged said instrumant to be fix voluntary act and deed. 1111 SEAL) _1.1.,1...... ..1........... . .._ .......... B.lorame: (SEAL) Notary Public for Oregon 1111_............... .......... My commission expires: Notary Public tot Oregon My commission eapfras: CITY Or TIGARD STATE OF OREGON 12755 S.W. Ash Ave., P,O. Box 2.3397 �SS. Tigard, OR 97223 .. County of............... ... ...... oa.Nzon.N...z....nonce. I certify that the within instru- I?,,-,mnnri .7, •,,nH .inrli th Ann Wi'.kvv ment was recejved for record on the 12290 S.W. 124th Avenue :.......... ............day of ...........................19.:...... -..; Tigard, OP. 97223. at..................o'clock. .M.,and recorded cn.Nreec.lac A No Aooasse •• eP.ce nessavm in book/reel/volume No..-1111 :..........en Arl..»<.ra,....wm... roe page...... ...or as document/fee/lilei Grantor. . instrument/microfilmNo. .......... ..... 1111 ......:.. - - Record of Deeds of said rouney. _.1111 ..._..... ._ .__. Witness my hand and seal of .........ue '1111.,. County affixed. Unol a akanR.I.r.aa•,bd ell tar.ml.mmu.k.11 b•un11.16.WI1-9 eddnn. By.......wwye 1111. nnr ........... ................. ................., ..Deputy ......... —_. rl( ri7:oar,s;=�rsRas �rrr�szrzoED=alp ^,tt��-Pr�aPTr.. "Iltls rns.nrcm dEx_ rztt gitarantcc that' Cictitlar,tise.ut3�.: mxk.,v C .;prgpurvydes;-ribedlit) this insrrv- - mlrnl.. A Y.u)R:r..sld c:tti:.t^X vtth ttt app[ "1at'u c�xC OY count- �arxvrrx � to ory O 01 y( o p v` eo e9 Eta 90 J ✓-� a N C1 o 41 pi 0 N 4 M S t %6's, — N t°42• 20 C3 E . .' O Cb Jam®J.o .le BO SO R O c i; m w p 4� ti u e° 4,0 219 CT t Od 00:1+ s't ;,� .J( x' - eoo.12 .g ... N .9♦`, i0 ° O N o J 66 B y iv /A O d O O N° J�t0 O + W O V '� 1ot SIE � 4o eo t ®- 90 N 34 99591d_ oZ Ea,'e ." 2R c 124th ON �• Qpfgy a Ln ' 19 � g. S .3;-, 9460 1�. a C7r l' o ,f 1s CO t71} Z-'--'u t00 t°42•� iD ! ��' .{�♦ + �: - O r jp. .tea ® ./ ..p V .0.�'6'h4�Y�+�j y S1 G 8+�t Aift 1F .. °�t o t•. �"' b O a N r: p✓ i�?`•'t% d A t �P .aON°(. I� p. K 36 7�A3 n �I°:# too ,fit e w i 1•.• — $,K •t4i'.fS'y a tr• N�, �. d 0 - ® r•-.� _ �i95.02 I ®O:O 2 `� �� Slt?I X00 t)tt Z S Q-�' 40`! tJ6• V/ i. � � •fin •� ` NCD f .v &?fp (isl O py'y`• ' g•� -4 40 27410 ✓,� - N0 0. 09110 05 ':70 ✓� O w 1-171 .. Uj ILD wti N O CA a too Kai°3� � N /� N O •®g .� N00".1.,•gz. .° 1•,, r `` _ (ji a J, ^ C. It 7;gq'-ter- J.. `. !1� �r q '♦-, 11!�� 4 l A M19 06314 Cyt ,z C ♦ 0'� 1 O m OD t ..01 L4 v. O q'L 0 .1 1 N N n A `°osiu ``�.y,\� tl t atyy� z a ` 1 ♦: //'•� , 6 � .—._. bt iy. ••,.., 'Yf tom' .. u •�� .vt ty ��' .o �� h N.2's N Q a'yit (• on m s `EXHIBIT "D" <.: ..�,�< :e„ .�. iOYM Ne >il—oun[rA1lA DEED(Ind:.id Pel er Cerpe,orel ._.. _ QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS,That,the...C.11 of„Tigard, a Municipal; Corporation .... hereinafter called grantor, .. .....:. .. .. for the consideration hereinafter stated,does hereby remise,release and.quitclaim unto .... .: :' Richard Rohdeand.Suzanne,Rohde ,husband ant} wi11 .1i:.e:,., < hereinafter called grantee,and unto grantees heirs,successors and assigns all of the grantor's right,title and interest in'that.certain real property with the tenements,hereditaments and:appurtenances thereunto belonging or in:any- r• 'State ofOregon,described asfollows,.to-wit: wise appertaining,situated n the County of l9ashi R9tBP.... .., -'S1 3BB TL B201 - _A parcel of land located in the northwest quarter of Section 3, T2S., R. 2W., W.M. , try of.. Tigard, Washington County, :Oregon,-being more particularly described as follows: B,ginning at a^point'on the west line of LOT 10, LAKE TERRACE, a recorded.plat, r said point being N 01* 34'.30” E 20.00 feet from the southwest corner thereof, - ' rh-nceS 50° 01" 31":W 32.40 feet to:the east right-of-way:line ofS.W. 124th Avenue; rhence—cin said right-of-way line, on=a 192.20 foot radius curve to:the left, having `a ventral angle of Ila 49' 5511, (-the long chord of which bears N 3e 16' 16" W 39.63 'tver). .39.74'feet; thence on a' 10:foot radius curve to the right having a central : angle cif 90e,.. (the long chord of which bears'N 059`.38' 24" E 14.14 feet) 15.71 feet to the-south right-of-way line of S.W.:.Ann Court; thence on said south right-of-way line '.N 50e -38' 24"_ E 46.75feet;.thence continuing on said south right.-of-wayline on " an 85 foot radius curve to the right'having'a central angle,of 11°"19' 34 ( the long 'chord of which bears N 56e-18' 11".E.16.78 feet) to the intersection with the west - ( l uleof said LOT 10, 'thence on said'.west line S Ole-34' 40" W 68:.40 feet to the - point of beginning. (IF SPACE INSUFFICIENT;CONTINUE DESCRIPTION ON RCVERSE SIDEI To Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever.. The true and actual consideration paid for this transfer,stated in terms of dollars,is 8 none or promised which is given However, the actual consideration consists of or includes value value g� � t.� onsideration(indicate whieh),I'(The sentence between tha syndrols OO,it nae applicable,ahould be deleted,See ORS 93.030.) In construing this deed and where the context so requires,the singular includes the plural,and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In:Witness:Whereof,the grantor has executed this instrument this ..... .:.flay of ..i:. ...,19. if a corporate grantor,it has caused its name to be signed and seal affixed by its officers,duly authorized thereto by order of its board of directors. . Ill a..wr,I br a,erperpasn. ....... .....................................:.............................................. i .............. SS attic se,P ale..all t. ................................. ' i STATE OF OREGON, STATE OF OREGON.County o! ......_. _. )3s. i ss. Courtlyo! ..... .) ................:......................................... an ..... 19... p er.onally Appeared.................... ..... ...._ _ Personalty appeared the above named ..........................................................................._.. ...who being duly sworn, each for himself and not one fo the otheq did aey that the former I.the f president and that the latter is the ...... . .........._.. ........................................ - .... f end acknowledged the foregoing instru- .........:.....:...............................................................................I. ........I a corporation, and that the sea!afllmd to the foregoing instrument is the corporate seal , menr to be _.. _. ...voluntary act and deed. of avid corporation and that said instrument was signed and sealed in be 8.1—me halt of[aid corporation by authority of its board of directors;and each of -- (OFFICIAL them ackrowladged said instrument to be its voluntary act and deed. . SEAL) .. ........:..... .._..... ........_. Deforo nsa:. s. Notary Public for Oregon ..,, _ ...._.,,, ._. .. (SEAL) 6 Afy ceannuhsior.aspires: Notary Public for Oregon My commission..piss: I I CITY OF TIGARD STATE OF OREGON 12755 S W Asti Avenue P.O. Box 23397 Tigard OR 97223 County of............. A.ro sA.r.. o ao.[sa ! certify that the within instru- c ,a..i Anti an>a Ann Rohrir ment was r•ce;ved for record nn the 2160 S.W. 124th Avenue day of...... ..... . ..,... Tigard, OR 97223at....................o'clock.....M.,and recorded c -nr.[s.1.1. .. e e - .PA......-13 in book/reel/volume No ..on AI r,...dine 1 n ter FOA ge...................or as document//ee/isle/ .[co.o.A•.u.. pa Grantor . ...... iris trument/microlilm No _.... Record of Deeds of said county. Witness my .hand and seal of e a cam vP � County affixed. Vnnl a.henme ii naP,n,d ell fn+,fe.e nn,Fall Sr r,nl to 1hp/1lewirm eQdre,r. �`'- ..._ waw[ •�[ r By ............... .Deputy Aoonc..,xv .. _-- .—=llt1 AF•••,, f p>=RM Tim �T^---- - 'Sii:LS_PR©P.EP.TY .::• - c— _ .r= "Th ls Ins. Un.tt!xg nc,t guarantee +hat �rti<ul ��p��y �,,.(.�F ,�,. p�,ty,, scribed in this .instru- m l+E, ,,A,twycFE.r t xdJd OV-4 t.with tea a ' rry[ha tet tar(.r irR taluift j +tit: tSWei fj�apptovcrd usell." CS tV � r.y_r_\i, v_ 1 r•F' '♦ __ rr 'r 11 .:• I ____ 6t` .,o a v'a3 i •r O OD to r, r •'c n ga° o v ;i ' .1,"i Lt1 i G C_z a CO St. Go 96,60 , p O � a •iir> O ri° �? � GO 0I'68 L� � ` .Q ai'bZ Z r sC,0= aor 7 cr cm co V < 0-30 «j n >N S.0 c 0—el 1 Q — n oa Gae ' +r,los .Q } .�m. " N ., �CC) ` 9L1 _3„Oe,eL..ac.N — —3�3 f 6r rn u _ if- Ofi 1• z ® oto to a"M 3b,1,..10 1; `ter mOD l J C, A •� -1r�U Y '� 1+.:. 7 �1 y. m p•.� A Q iM ..� /�s}'.5^ S NQ t`I y'nj' •r•i Y .s n t '�2 F N — ►4 CID i 1 'A9t�'JS' C R! 9E UEn 40'.r,.s:,, bat` t ♦ n_-.� O � e e CS" �y r•.�1"'"r{ -`r.O �'f tT• h < i i. ,4..:e1 ,.�, - � CV- •r.'Z Z OD:. CDs �' •1 1 'r 'C•p. `�� L:•2e•1.N NF -.1M� fl YJs, .o n." �'. .. _ +•�� t ,? L - B9 `�� b cr y �T �vZI ii•1 iO � CA •e spa' [. 3-;,z z• 1 N2C'�9Oe eC arx 66 wL .r ,�♦' i. OB Os ��\ �O t y oG w t ♦ 1.0 N a C•Qr �f 9N •✓ a e i. O o rC® arr.. rya Q1 O '9 cB t7 LO 4gro1Z oso•1 ryf .Ct�k F•.;`,.... rya °� c .:� . . •� 4 1 >.^.r��r1�P•J A Yco ®4q9 .1� � � •ear.•� t �. 3 OZ Zrer M w ,•, q•.43 1 s n W Q N °o ON o OQCj rj '®N O •, O 7. V - M - N w N C\1 H N N c � O � ro Oq IN7. a Cr® Oq u o \ c to .,I k. z .; ~ B c' s: February 7, 1984' E, c. Mr. & Mrs., Ben H. Davis 12280 SW 124th Avenue Tigard, OR 97223 E , Dear Mr. &` Mrs. Davis_: . The Tigard City Council will hold a public hearing on February 13, 1984 at 7:30 P.M. to consider transferring City property along 124th Avenue to ,private ownership. The meeting will be; held- at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon. if Enclosed is a copy of ResolutionNo. 83-106'which Council passed in December calling for the public hearing and indicating the property being considered for transfer. If you have any questions regarding this issue, feel free to contact the Director of Public Works between the hours of 9:00 A.M. and 4:30 P.M. weekdays. Sincerely, p Loreen R. Wilson Deputy City Recorder lw/1215A E IC r V. , Is�. ,r February 7, 1984 Mr. & Mrs. Raymond J. Wilkey 12290 'SW 124th Avenue Tigard, OR 97223 Dear Mr. & Mrs. Wilkey: The Tigard City Council will ;old a public hearing on February 13, '1984 at 7:30 P.M. to consider transferring,City property along 124th Avenue to private ownership. The meeting will be held at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon. { Enclosed is a copy of Resolution No. 83-106 which Council passed in December calling for the public hearing and indicatingthe ;property being considered for transfer. If you have any questions regarding this issue, feel free to contact the Director of Public Works between the hours of 9:00 A.M. and 4:30 P.M. weekdays. Sincerely, Loreen R. Wilson Deputy City Recorder Iw/1215P. r,. { February 7, 1984 Mr. S Mrs. Richard Rohde' 12260 SW 124th Avenue Tigard,; OR 97223 Dear Mr. & Mrs. Rohde: The Tigard City Councilwill hold a public hearing' on February 13, c' 1984 at 7:30 P.M. to consider transferring City property along 124th Avenue to private ownership. The meeting will be held at Fowler Junior High School`' Lecture Room, 10865 SW Walnut Street,Tigard, Oregon. f` Enclosed is a copy: of Resolution No. 83-106 which Council passed in December calling' for the public hearing and indicating' the property being considered for transfer: If you have any questions regarding this issue, feel free to contact the Director of Public Works between the hours of 9:OO A.M. and 4:30 P.M. weekdays. Sincerely, Loreen R. Wilson Deputy City Recorder l.w/1215A t fj Item 410 will be held over to'a date uncertain.' 4 i t P. r` f w . 1; r fir. r SCHWABE,WILLIAMSON,WYATT, MOORE & ROBERTS ~ ' ATTORNEYS ATLAW ` WILLIAM H KINSEY.:PC MARK H.WAGNER 1200 STANDARD PLAZA ALAN S LARSEN WASHINGTON.D C-:OFFICE MANN Vii A.WILLIAMSON.PC JOHN G:'CRAWFORD.'JR 1100 S.W 6-^AVENUE MARYERICH,HOF�OTTE 'ROBERT B-DUNCAN / L.SCHWASE:.PC NEV.. T.CAMPBELL :MARY D.CON DIOTTE t :ESL WYATT :JOHN E.HART PORTLAND.OREGON NANCIE POTTER ARELLANO FREDERICK P HITZ d C•:.,DON MOORS.PC ROGER A.LUEOTKE TELEPHONE 15031222 9981 THDREW J MORROW.JR KENNETH E ROBERTS.PC ROY.D.LAMBERT THOtAAS V.DU LCICN JAMES.B.'O'.1 PC W.A.-JERRY NORTH DIRECT DIAL BRIAN M PERKO SEATTLE OFFICE DOUGLAS M THOMPSON.PC 'JAMES T.WALDRON J.P.GRAFF k R 0 JAMES R.MOORE ROBERT D:DAYTON CABLE ADDRESS 'ROBCAL'- BERNARD M RYAN FRANKPAUL W.DRAPEPS A.ALLAN FRANZKE.PC : DAVID W.AXELROD .TELE.: 1'51363 -.RICHARD J. RYAN ELIZABETH H K.R:PS° ROLAND F.BANKS,,JR..PC ANGER.L.HAGG.ERTY TELECOPIER-13031 242-0267 JANET F. SCHROER GARY ETH K..REEVE° GIP40 G:PIERETTI,JR. DELBERT J.BRENNEMAN KEVIN RONALD C_HOLLO S GARY O. ANTA Y : - D000LAS J WHITE;JR. ROBERT W.'NUNN CURT GLEAVEOWAY 'DAVID R.A. OST +Y CURT B CLEAVES ROBERT A KRA"0° ROCKN EGII-L JAMES E.BEN EDICT f JOHN R.FAUST.JR. WILLIAM H.REPLOGLE DAVID K MILLER. ROBERT BEARD*7f JAMES A.LARPENTEUR.JR. LAWRANCE L.PAULSON IN REPLY RESPOND TO MARKVID F.LO G JR. MARK G.BEARD# JAMES F.SPIEKERMAN MILDRED J:CARMACK. 'MARK A.LONG BERT L SMITH iY WILLIAM E-LOVE DONALD.A..NAAGENSEN MARKSTEPEN J.DOYLE BERT W.MARKOVICN A . CQQ ROBERT G.SIMPSON RUTH J.HOOPER MARK M.L UIR ° RIDGWAY K,FOLEY,JR.,PC CHARLES P,MARKLEY. ALLAN M. THOMAS M.TRIPLETT ROBERT A',STOUT JAMESISA i HERSHEY MARTIN ROBERY EI JOSEPH : J."3TEPHEN WERTS° JAMES P-.MARTIN BRUCE SPAU LDING CYNTHIA S.C.BHA IY :OF coUnsEL KENNETH D:RENN£R DANIEL F:KNOX '." .KENNETH E.ROBERTS,JR JAN K.KITCHEL° CYNTHIA S.C.:BHANA NAN DONALD JOE WILLIS.° PAUL R.BOCCI,JR MICHAEL V.FENNELL J.LAURENCE.CABLE GUY C.STEPHENSON RICHARD T,ANDERSON,JR: MtCNAELD HOI iAN .JAMES M .FINN RICHARD.K.HANSEN •OREOO wND JAMES D:HUEGLI - DENNIS S..REFS" February 9, 1 9 8 4 "JOHN D OUINAS50 WlsNl DTory STATE BARS HENRY C WILI_ENER EUGENE L.GRANT G.KEVIN KIELY. TERRY.C:HAUCK MARC K.SELLERS STEVLORY R.W.ABE IY NOTA HOER OF STEVEN W.ABEL .ORsconSTATE BAR Mr. Robert Jean City Administrator City of Tigard Post Office Box 23397 Tigard, Oregon 97223 Re: Payless: Security Matter'- File No. 67340 31871` Dear 'Mr. Jean: This will confirm my conversation with your office of February 9, in which I requested that I be scheduled on the agenda for the next City Council meeting following February 13, 1984. I was previously advised by Chief Adams that I was scheduled for February 13, but I feel it is necessary to have a representative from Payless attend with me and he is unavailable on the 13th. By copy of this letter to Chief Adams, I am advising him that we will not be attending on that date. Thank you for your cooperation. Very truly yours, 3/�mes P. Martin JPM:rr cc: _ Chief Adams Dennis Gogolski, Payless Lf WASHINGTON, D.C. 20007 •. THE FLOUR MILL,SUITE 302 • 1000 POTOMAC SIT.N.W • 12021 963.6300 SEATTLE.WASHINGTON 90171 •. PEOPLES.NATIONAL BANK BUILDING • SUITE 900 • 1415 FIFTH AVENUE • 1206) 621.9168 • (503) 242.1532 x . I E ` 4 f c MIN v' Item 911 will be held over to'-a date uncertain: i j I f x t" 4 1 { CITY OF TIGARD OREGON - ENGINEERS REPORT ON DARTMOUTH EXTENSION STREET LOCAL IMPROVEMENT DISTRICT 0 �kT A. \`1R��' February 8, 1984 Prepared by R. A. WRIGHT ENGINEERING, INC. CONSULTING ENGINEERS; 1340 S. W. Bertha Blvd. Portland, Oregon 97219 (503) 246-4293 s 786.10/200a 3 ENGINEERS REPORT INITIATION e�- Property owners representing approximately32 acres of under developed land in the Tigard Triangle petitioned the City of Tigard for formation of a street local improvement district for construction of the Dartmouth Extension and agreed tr, pay the "cost' incurred by the City in preparation of an engineers report` on the project Based upon this demonstration of property owner interest, the City of Tigard sought proposals from consulting engineers for preparation of 'a feasibility ,study and engineers report. R.A. Wright Engineering, Inc. ,was selected by the City and retained to provide the required engineering services. DESCRIPTION OF BENEFITED AREA The area judged to be benefited by the proposed street improvement includes all parcels that, by direct access or common ownership with - a contiguous parcel having direct r access, connect to the proposed street improvement and are not .contiguous with, and better served by, another public street. The boundary of the proposed L.I .D. is shown on Exhibit A. Parcels between S. W. 68th and 69th Avenues will be excluded from direct access to the proposed street and have, therefore, been excluded from the proposed L.I.D. The project is located in Section 36 of T.1S, R.lW and Section 1 of T.2S, R.IW, Washington County. r PROPOSED IMPROVEMENTS The basic improvement includes construction of a 44-foot wide paved and curbed street within a 70-foot wide right-of-way extending approximately 3,250 feet from S. W. 68th Avenue at its intersection with the new I-5 access ramp ?r?rto Pacific Highway at its intersection with S. W. 78th Avenue. In addition to the street improvement, the project will also include a 200-foot street stub for a future street extension to the south, traffic signal improvements on Pacific Highway, street lights, storm drains, waterlines, sanitary sewers, and other underground utilities as required to minimize future excavation within the pavement of Dartmouth Extension. Utilities will be sized to serve the r ultimate development of the Tigard Triangle in conformance with existing planning for the area, and will be extended beyond the paved roadway of the Dartmouth Extension. Sanitary sewer service will be extended to serve existing i dwellings along the proposed Dartmouth Extension. i 786.10/200.36 -l_ 4 . � Sidewalks will only be constructed adjacent to property that is already developed. This would include the commercial establishments on each side of the proposed street at Pacific Highway and the residential properties owned by Louise Hedgepeth Stewart and by Lucille E. Vasey. COST ESTIMATE tk{ An estimate of the probable cost of the street and related utility improvements is as follows: ' More--in and insurance $ 15,000 Clearing and earthwork 79,800 Grading and paving 341,900 Curbs and sidewalks 43,800 Traffic signal_ improvements` 50,000 Street Lights 27,000 Storm drainage 140,100 Waterlines 119,700 Sanitary sewers 134,200 Construction -contingency, 5% 47,600 Construction Subtotal $999,100 { Technical Services, 15% 149,900 Administrative Services, 5% 50,000 Land Acquisition 796,700 Project Total' $1,995,700 The above costs are not guaranteed, but represent the Engineers best estimate of the prices that can be expected and the amounts that should be budgeted if the proposed project is let to competitive bidding during the summer of 1984 METHOD OF ASSESSMENT This report recommends that the project costs be divided among benefited properties within the limits of the local improvement district in accordance with the following conditions: 1. Properties on existing streets and future streets designated by the City master plan shall not be ;subjected to double assessment for street improvements. Assessment areas for the Dartmouth extension shall not extend beyond a dividing line midway between the Dartmouth extension and any existing or proposed street. r 786.10/200.36 Streets that are judged to be subject to this condition are as follows: 1. S. W. 69th Avenue 2. S. W. 72nd Avenue i 3. A future street that will extend south along the west line of the Martin property 4. A future street that will enter the Williams property from the drive--in theater property, to the northwest 5.. , Pacific Highway S. W. 70th Avenue has only a 30-foot right-of-way and is not proposed for future improvement. Land along this existing street is,; therefore, not ; proposed for " exclusion from assessment. 2. Land that is subject to assessment shall be divided into three zones controlled by distance from the right-of-way line of the proposed street improvement. Zone A" will include all land ' that is from 0 to 150 feet from the right-of-way line'. Zone B will be all land from 150 ' feet to 300 feet, and Zone C will be all land between 300 and 450 feet from the :proposed right-of-way. Land beyond 450 feet , from the right-of-way, will not be assessed. Assessment rates for land within each of the zones shall be stepped such that Zone A is assessed at three times the rate of Zone C, and Zone B is assessed at two times the rate of Zone C. The land included in each of the three assessment zones is shown in Exhibit A. ASSESSMENT RATES Based on the assessment conditions described above, 1,557,000 square feet of land is subject to assessment, including 833,000 square feet in Zone A, 540,000 square feet VV in Zone B, and 184,000 square feet in Zone C. The unit assessment rates required to raise $1,995,700 from the assessable land areas are $1 .59/sq. ft, for Zone A, $1.06/sq.ft. for Zone B, and $0.53/sq.ft. for Zone C. These assessment rates are approximate. The actual - assessment will be based upon the final project costs and actual assessed areas. 786.10/200.36 W_ OUTSTANDING ASSESSMENTS There are no outstanding City of Tigard assessments against the properties to be included in the proposed L.I.D. BENEFITED PROPERTIES For each benefited property, the tax account number (Column r 1) , names of the owners of record (Column 2) , and the estimated assessment (Column 11) are shown on Table A. In + addition to the total assessment for .each 'property, Table A also shows -the area (Column 13) and estimated value of land and improvements (Column 14) that would be purchased from z each property and the resulting net cost (Column 15) to each parcel. Net cost" (Column 15) is the estimated assessment (Column 11) less the estimated value of land sales (Column 14) . For estimating purposes, the value of undeveloped land is ,assumed to be ' $3.00 per square foot. Some properties show a `resulting negative net cost, indicating that it is estimated that the property owner will be `paid' more' for land included in the parcel than the remaining parcel will be assessed for improvements. One parcel, Tax Lot 1S136DC2500, owned by Homer Williams shows on Table A (Columns 13 and 1 4) to have a negative land sales amount'. This 'results from a recommendation of this report that land on the north side of the proposed street be purchased from the Martin family and sold to Williams, thereby resulting in the land purchase (or negative sale) amount shown in Column 14 for Williams. Table A shows the percent that each parcel bears of the total project cost, both for total assessment and net azsessment (Column 6) after land sales. Column 17 of Table A shows the relationship of the net assessment (Column 15) to the assessed value (Column 3) of the property. For the entire district the total net cost is $1,199,000, or 49 percent of assessed value. Although there are 28 individual parcels within the boundaries of the proposed L.I .D. , through contract purchases, family relationships, purchase options, and multi-ownerships there appear to be only nine totally independent owners of property within the L.I.D. Table B shows the same information as Table A, but consolidates the information for each owner. The information on Table B is not the official assessment roll, but is included for informational purposes. 786.10/200.36 -�4- t BANCROFT FINANCING Assessments for the proposed improvement will be Levied on each property based upon the total assessment shown in Column ll of Table A. Financing through the Bancroft Act will be provided by the City of ,Tigard in amounts up to, but not exceeding, the net cost shown in Column 15 of `fable A. RSV. 786.10/200.36 -5_ A cl 1 � _ .w . ?°,x..•."...�.,.•�--_,.,....,w...,'�...�,...,_=gym. � _....__x-�.'.��,,.-....-:._� (°t+...x _tPi_tJ.°it.e...i°1► $4 ?_flPagt11l ili_I jt:?.i'f,+.i6 rft f+ p{!: ti+�.5{.e1ltITjT -- i117►iia�lilj�i��l9+ ;1+ +RTli9iiFllllzli{iiai:3tPlia�tit�airll{+ i{lOr{l�igtltlt v PATE: IF THIS MICROFILMED THIS NOTICE, IT IS DUE TO DRAWING IS LESS CLEAR THAN THE QUALITY OF TFE ORIGINAL - DRAWING. - otte stta eiiz iiiz ,, gz sz sz ez zz ra czz sr—ai- i se -Sf___$P el at ii of 6 ® - - SMimi] - -- ___z 1 g _.. ... - I ':PEp1111�H3{IilHliliitilNi'HPFHitHfl �� ' _.. •a : A v% x4 iLU�N11� is -- i j _ nu yw E a � Fable R.A.WRIGHT ENGINEERING,INC. ASSESSMENT ROLL ASSESSMENT ROLL DARTMOUTH EXTENSION, STREET L.I.D. CITY OF TIGARD, OREGON LAND AREAS AND ASSESSMENTS e ASSESSED ------------------------------------------ VALUE ZONE A ZONE B ZONE C TOTAL TOTAL % OF LAND SALES NET COST % OF % OF t TAX LOT OWNER OF RECORD $ sq.ft $ --sq.ft $ sq.ft sq.ft. $ TOTAL sq.ft. $ $ TOTAL VALUE $ ¢ ---(1)--------------------r2)---- ------------(3)-----(4)------(5)-- (6)-----(7)----(8)-----(9)-----(10)-----(11)---(12)---(13)----(14)-----(15)---(16)--(17) IS136CD1700 PROBSTFIELD, JUDITH MARLENE 348300 27100 43117 0 0 0 0 27100I59'43117 2.2 0 0 43117 3.6 12 1S136CD1800 KNIGHT, CYRUS R ELLAH A 130500 6300 10024 0 0 0 0 6300 -&a4o-24- 0.5 1740 27840 -17816 -1.5 -14 1S136CD1801 WILLIAMS, HOMER G 28000 0 0 0 0 0 0 0 0 0.0 13500 40500 -40500 -3.4 -145 1S136CD1900 SSHHII�D�HERBERT MJOHN O WILMA 95300 3100 4932 0 0 0 0 3100 -�4 2 p.2 0 0 4932 0.4 5 , 1S136CD2000 WILLIAMS, HOMER G 430600 175700 279546 71300 75628 18500 9811 265500 364986 18.3 78700 236100 128886 10.7 30 1S136CD2001 FINKE, ALEX LOTTI I 45000 2800 4455 0 0 0 0 2800 4455 0.2 0 0 4455 0.4 10 € IS136CD2002 FINKE, ALEX LOTTI I 45000 2400 3819 0 0 0 0 2400 3819 0.2 2200 6600 -2781 -0.2 -6 } IS136CD2100 FINKE, ALEX LOTTI I 88500 22800 36276 0 0 0 0 22800 36276 1.8 15300 45900 -9624 -0.8 -11 1S136CD2200 ANDERSON, HAZEL 154300 83300 132534 115900 122935 58000 30760 257200 286229 14.3 0 0 286229 23.9 186 % THE ROBERT RANDALL CO 1S136DC2400 WILLIAMS, HOMER G 29700 2500 3978 60300 63960 3300 1750 66100 69688 3.5 0 0 69688 5.8 235 1S136DC2500 WILLIAMS, HOMER G 77100 64800 103100 20100 21320 0 0 84900 124420 6.2 -16300 -48900 173320 14.5 225 E 1S136DC4400 MULLEN, CHARLES R EILEEN 83400 57600 91644 25000 26517 0 0 82600 118162 5.9 0 0 118162 9.9 142 1S136DC4402 HEDGEPETH, LOUISE AGNES 62600 16400 26093 0 0 0 0 16400 -rf:,-26-093 1.3 0 0 26093 2.2 42 1S136DD7500 POLLOCK, DONALD E JULIA 6000 14900 23707 0 0 0 0 14900 23707 1.2 3220 9660 14047 1.2 234 SLOVER, JAMES R EDDINE C 1S136DD7600 POLLOCK, DONALD E JULIA 18600 6200 9864 0 0 0 0 6200 9864 0.5 2900 8700 1164 0.1 6 SLOVER, JAMES R EDDINE C 2S11AA 2800 VASEY, LUCILLE E 55100 2800 4455 0 0 0 0 2800 --z9--4#5--q- 0.2 0 0 4455 0.4 8 } 2S11AA 2900 ROHER, MONICA 4200 10000 15910 0 0 0 0 10000 15910 0.8 0 0 15910 1.3 379 % DONALD E JULIA POLLOCK s 2S11AA 3000 POLLOCK, DONALD E JULIA GA 3600 4400 7001 0 0 0 0 4400 7001 0.4 0 0 7001 0.6 194 ' 2S11AA 3100 ROHER, MONICA 4000 6000 9546 6000 6364 0 0 12000 15910 0.8 0 0 15910 1.3 398 2S11AA 3400 POLLOCK, DONALD E JULIA GA 55100 0 0 3000 3182 0 0 3000 3182 0.2 0 0 3182 0.3 6 2S11AA 3500 ROHER, MONICA 400 0 0 8900 9440 0 0 8900 9440 0.5 0 0 9440 0.8 2360 2S11AB 100 GULICK, FRANK S AND SUE D 91800 75900 120760 52400 55580 0 0 128300 176341 8.8 40900 122700 53641 4.5 58 % POLLOCK, DONALD E AND JULIA 2S11BA 100 DIETZMAN, EUGENE F & CLAUDI 90900 60600 96417 0 0 0 0 60600 96417 4,8 48200 224600 -128183 -10.7 -141 % CACH, GERALD C 2S11BA 101 MARRTITIN RIEGORH RICHARD 1900 125700 199994 41400 43913 0 0 167100 243907 12,2 41000 123000 120907 10.1 6364 % F' 2S11BA 102 WILLIAMS, HOMER G 50100 21000 33412 0 G 0 0 21000 33412 1,7 0 0 33412 2.8 67 2S11BA 200 CHRISTEN, LOUIS W 141300 33500 53300 43500 46140 15100 8008 92100 107449 5.4 0 0 107449 9.0 76 2S11BA 300 MARTIN, GORDON S 99300 7200 11456 92200 97796 84500 44814 183900 154066 7.7 0 0 154066 12.8 155 E' 2S11BA 401 MARTIN, GORDON R 162400 0 0 0 0 4600 2440 4600 2440 0.1 0 0 2440 0.2 - TOTALS $2423000 833000 $1325340 540000 $572776 184000 $97584 1557000 $1995700 100.0 231360 $796700 $1199000 100.0 49 ter` i92a��9 ' Si F s r�- dw6 NOTE: IF THIS NICROFILbED -. --ORAWIaG. IS LESS CLEAR THAN .. I Z 3THIS NOTICE. IT IS DIFF TOTHE QUALITY OF TIE ORIGINALDRAWING. 6z oz zz 9z 92 11z ez zz as oz sr et �s s� si`- b° ei z! ii cf_6 9 L 9Se -zIL In Ar Irv" Table r R.A.WRIGHT ENGINEERING,INC. � ASSESSMENT ROLL CONSOLIDATED ASSESSMENT ROLL DARTMOUTH EXTENSION, STREET L.I.D. i CITY OF TIGARD, OREGON LAND AREAS AND ASSESSMENTS E ASSESSED ------------------------------------------------------------ VALUE ZONE A ZONE B ZONE C TOTAL % OF LAND SALES NET COST % OF % OF OWNER SUMMARY $ sq.ft $ Sq.ft $ sq.ft $ Sq.ft. $ TOTAL sq.ft $ $ TOTAL VALUE €` (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) F -------------------------------------------------------------------------------------------------------------------------------------------------------------- JOHN 0. ALEXANDER 225800 9400 14956 0 0 0 0 9400 14956 0.7 1740 27840 ' -12884 -1.1 -6 ( ' LOUISE HEDGEPETH STEWART 62600 16400 26093 0 0 0 0 16400 26093 1.3 0 0 26093 2.2 42 GORDON MARTIN & FAMILY 374500 193500 307867 133600 141709 89100 47254 416200 496830 24.9 89200 347600 149230 12.4 40 DONALD POLLOCK (& MONICA RORER) 267100 175000 278433 95300 101084 0 0 270300 379517 19.0 47020 141060 238457 19.9 89 JUDITH M. PROBSTFIELD 348300 27100 43117 0 0 0 0 27100 43117 2.2 0 0 43117 3.6 12 THE ROBERT RANDALL CO. 154300 83300 132534 115900 122935 58000 30760 257200 286229 14.3 0 0 286229 23.9 186 LUCILLE E. VASEY 55100 2B00 4455 0 0 0 0 2800 4455 0.2 0 0 4455 0.4 8 HOMER G. WILLIAMS ( & FINKE) 794000 292000 464585 151700 160908 21800 11562 465500 637054 31.9 93400 280200 356854 29.8 45 € LOUIS W. CHRISTEN 141300 33500 53300 43500 46140 15100 8008 92100 107449 5.4 0 ------0- 107449 9.0 76 ' TOTALS $2423000 833000 $1325340 540000 $572776 184000 $97584 1557000 $1995700 100.0 231360 $796700 $1199000 100.0 49 k, E € € i e I a:. 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CITY OF TIGARD,OREGON SHEET V�'c':''^ 9 OE6iGIrEA engine erIF2� �:r GH v+,e EXHIBIT ronBu tmg engineers ®� DRAWING NUMBER A.WR` 6EViEWEF EAW No. REVISION DATE BY 786-1 ^I'I nln'I d�11PI p 91r1n I'Irlrupl'I upyl Op1l uingnll Ir)VI III 191lingil'�n'I nlnq�lrllnpul'ul ul9 I Iln�pupl IIJ�I Iwpl lI I I Ynjrt9,,, w*i. Ir*.IS Ricwrlueo 1 2 3 4 5 6 ] 6 B r0 II 12 +ic aul*r or�mlc.xw dI�Iz ,u6udl,�6 dul mlvolwJwJ udnnlakwl"ulmlmdlllAuulnWnn6WILwluulu{r,ho I„1 II I 1 6,1,1 .11,m loulnn': MARCH 7 ,1990 t F. f i February 8, 1984 WASHINGTON COUNTY,OREGON } t i Anderson, Dittman & Anderson r Attorneys at Law 8865 S.W. Center Street P.O. Box 23006 Tigard, OR 97223 RE: Dartmouth LID (access relative to street location) f a t Dear Mr. Anderson: There has been no change in.the proposed location of S.W. Dartmouth be- A tween S. J. 68th Avenue and S.W. 69th Avenue.' . The Highway Department has made a tentative proposal to change the "loca- tion of S.W. Dartmouth between S.W. 66th Avenue and S.W. 68th,Avenue in 5 order to make a smoother transition where S.W. Dartmouth crosses S.W. 68th 4 Avenue. This tentative change would,''however, cause a southerly reloca tion between S.W. 66th Avenue and S.W. 68th Avenue, At any rate, driveway location restrictions are calculated from the inter- section right-of-way line and have little to do with the location of the v road within the right-of-way. Normally, existing driveway locations on streets not being developed are not changed unless there is an over-riding safety problem. I see no such problem at this time and would anticipate no change due to this proposed project. A change in the present driveway location may be a consideration at such time as S.W. 69th Avenue deveiopes. i Sincerely, Frank A. Currie, P.E. Director of Public Works cc: Mayor Bishop City Councillors City Administrator ac 12755 WN.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 ANDERSON. DITTMAN SG ANDERSON " ATTORNEYS AT LAW.. <^^* � TIGAP2D PROFESSIONAL CENTER ,IF HH6S S.W. CENTER STREET" r ' P. O. BOX 23006, TIGARD, OREGON 97223 6. .1.964 503 639-1121 FRED. A. ANDERSON DERRYCK H. DITTMAN ROGER F. ANDERSON February 6, 1984 City of Tigard P.O. Box 23397 Tigard, OR 97223 Attn: Mr. Mayor CouncilMembers City Engineer City Administrator Re Proposed City LID beginning at 68th Street N. Tigard S. Tigard Interchange With respect to my letter of February 1, 1984, concerning the above referenced matter, please note that the first paragraph thereof should be changed to read as follows: It 1s my understanding ting recently conducted by R, A, ding taa� ha n c. at Engineering on behalf of the City during the month of January 1984, a proposed change in the location of the Dartmouth LID westerly of 69th Street was suggested in such manner that it would necessarily impact on that area easterly of 69th Street, with the result that the interchange roadway would be constructed somewhat northerly of its heretofore pro- jected location. To avoid any misunderstanding, I respectfully request that a copy of this letter be placed in the packet of each addressee, with the purpose that each will have an opportunity to review same prior to the next meeting. Very truly yours, ANDERSON, DITTMAN & ANDERSON Fred.. A. Anrlerson FAA:sr. cc: G. L. Ball ANDERSON, DITi-MAN SG ANDERSON FEB��®�� ATTORNEYS AT LAVV _ TIGARD PROFESSIONAL CENTER - p (1 8865 S. W. CENTER STREET P. O. BOX 23006,.TIGARD, OREGON 97223 CITY 0'c r1GOD S03 - 639-7127 FRED. A.ANDERSON DERRYCK H. DITTMAN ROGER F. ANDERSON February 1, 1984 City of Tigard P.O. Box 23397 Tigard, OR 97223 Attn: Mr. Mayor Council Members City Engineer " City Administrator Re: "Proposed City LID beginning at 68th Street N. Tigard - S. Tigard Interchange It is my understandingthat at a meeting recently conducted by R. A. Wright Engineering on behalf of the Cit during the month of Jazivar 84, Y g y✓eslr>- v}' � zJa/d f a proposed change in the location. of the Dartmouth LID �� of 69th Street was suggested in such manner that it would necessarily' impact on -that area easterly of 69th Street, with the result that the interchange roadway would be constructed somewhat northerly of its heretofore pro- jected location. It is further my understanding that any movement of the road northerly between 68th Street and 69th Street could adversely affect the present lo- cation of the driveway to G. L. Ball's property and residence located in Tax Lot 6300, Tax Map 1S1 36 DD, in such manner that the driveway would not be far enough removed from the new roadway to meet the City's criteria. In any event, I request written advice as to whether or not there is any proposed change In this area which would affect the legal apsects of the present access between 69th Street and the G. L. Ball property. To avoid any misunderstanding, I respectfully request that a copy of this letter be placed in the packet of each addressee, with the purpose that each will have an opportunity to become familiar with the matter be- fore the next meeting. Very truly yours, ANDS 011, DITTPdAN & ANDERSON Fred rs "' ----.` FAA:sr cc: G. L. Ball ffi I :. � ORI;GG{4:. €� CITY OF 'I'SGARD, COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM AGENDA OF: February .13, 1984 k: PREVIOUS ACTION:Public Hearing was DATE SUBMITTED: -- postpone 1984 postponed from Januar 30, ISSUE/AGENDA TITLE: Park Place Appeal Hearing REQUESTED BY: Centur 21 Homes CITY ADMINISTRATOR: DEPARTMENT HEAD OK: INFORMATION SUMMARY; The Park Place appeal public hearing was delayed from the January 30, 1984, meeting Staff met with the applicant and NPO Chairman on January 31, until February 13. 1984, to discuss potential modification to the plan. a ternates a uroadf locatdiscussion, on. the applicant prepared a re consider which shows an consider a modification copy of the plan is provided to you should ,you choose to , r,ncal At this time, however, the Council is required to conduct a - to the Pr Y-- lication as presented. public hearing on the app Please bring the material provided to you for the January 30, meeting with you as well as the transcripts. ALTERNATIVES CONSIDERED public hearing on the record. The Council can approve t The Council should open he p or approve the appeal with modifications or deny the appeal as presented . SUGGESTED ACTION blic hearing on the record. Staff recommends that the City Council conduct the pu ®2/13184 Aqua 13 P,a rN' 2)cf D11 Laf I - iPoII IIt 719 I I a s a , f f I 9 f 1 1 a 11111.1114111 1 - 9 f ! 1 1 III l 10 -.111119 �._ - ""—_..•�."...",•"g"' I 1 � 0 1 1_! � i! .1.-j 5` 1-� 1 1 SSI • , •. i ��t i �� r '��.1 � 1_� i 1 �1l�slf(f1��F�fi��+Ba�flf�feal.fFflrsalarfialflfia,(flf�fif1flf�ffflfif�frftaga0saf hJTE: IF THIS MICROFILMED —_ _.1 2 3 4 _. _ 5 6_ - 7 DRAWING IS IES,CLEAR THAN THIS NOTICE, IT IS DUE TO I x - THE QUALITY OF THE ORIGINAL d}. DRAWING. - s sz sz cz az sz rz ez u -c- !76 rz oz sc er cr sr sr br ""ei it"""-i�-"oi s e c s s wz ! E aediNdMuluniaultwfpefa�NiNlni�fnlIIIINI -- MARUH (119 Tas it, -- �w, ,__ � 47 reo SS —4 IF I a? 14C f: Lfrl ,.As. 7L'I14L ScI\ i C1 11 Y 17 zo ,'f L11 tj 47 '4 c 7-c,T,1 zv 2-111 1 1: PIM E --f 7 e. T' A 1,11-L IMIN1,7Y PZ Ao FOR qA,! WI P,4PK PLACE -1 PLANN,60 U-T CEN 7URY /NC 4) �U'J'E 112,7442 BeAVI _SOA4E 1116WIAY -60, 97IZ5 PORri AID,oqr , pijo'4 2 97-t1q3 rAX LOT 401 IN S,9,'3o;IC 7AX MAP 251 36C AIV �42 rA x 4 07, 14<`0 IN 5,Flf 4 TAX'wAl 25f 4, T25,R1 W. 7lGAVD,WASHI�GrON COV17r OrS60, 43 UN17S Ly 33.,.3' C DRIVE 23 22 2 2. zs Rc a J Y./ o 39 17 cl --- Lr -7 IN- 19 �'3 I :'n� r /0 -7, a —4- ti i r.r13 32 LF/2 35 t"* I 2 0 "<- f X I 1'-L) I )SI00, 3( 26 1 ROM'Kole Z-1-8+ 34 jr 0- Ar2 28 AS D 7- 4f ligm 711 1 Ill fill I I I I I I if 101 111 I if 1111 ill I I I I I I I III I[I fi"Tirp 1p I I III ti JT[q 9 111 111 1 NOTE: IF THIS MICROFILMED ro II 12 DRAWING IS LESS CLEAR THAN IT 15 DUE 10 iiZ'WAILITY'OF PC ORIGINAL DRAWING. GE 62 ez tz 9z S2va ca zz Ja oz st 9 1 11- 01 6 a L 9 s fo c M- 'y". "••coca " " . � - _ .:- " t: E CITY OF TIGARD, OREGON S COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 30, 1584 AGENDA ITEM b: DATE SUBMITTED: 1-28-84 PREVIOUS ACTION: Denial of 5-8-83 .PD b Planning Commission ISSUE/AGENDA TITLE: Park Place �y . c Hearing s REQUESTED BY: .Appeal DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY ; ib The applicant for the Park Place Project, Century 21 Properties, has requested ," a two week delay of the scheduled public hearing to provide an opportunity for discussions with staff. It is hoped that a plan can be agreed upon which will - address the concerns of the Planningc ommission and the needs of the applicant. g€, A two week delay to the Council's regular meeting of February 13, is requested. g; The applicant has scheduled a meeting :with the Public Works and Planning t Department for Tuesday, January 31, to work on the project -should the Council approve the delay. i Wi W9HC44iGi910s1R----yy-qE---------- ........Steffi.....0it.....K......... ALTERNATIVES.CONSIDERED The Council can accepttheapplicant's request for-a delay or go forward with the public hearing to reach a decision. : ........ =� -------------------- SUGGESTED ACTION - e Council b motion grant a two week. postponement of the t recommend that the y Park Place Appeal Hearing until February 13, 1984. V-� ENTER THE WORLD OF CENTURY 21 PROPERTIES Receive 2 71,984 I�Q� d'lG,q�p - January. 27,':,.1984 Tigard City Council City of Tigard P.O.: Box 23397 Tigard, Oregon 97223 Attn: Jerri lWidner, City Recorder re: Park Place file 58-83PD This will confirm our conversation today with Mr. William A. Monahan, PlanningDirector, in which we agree to waive the 120 day heaving requirement and do hereby request a 2 week delay to February 13, 1984 for the subject appeal hearing. ` Respectfully Submitted, Robert N. Miller Vice President Century 21 Properties, Inc. cc: William A. Monahan Stephen T. Janik RNM/cmc t, CENTURY 21 HOMES • North Coast Plaza a P.O.Box 1408 • 7160 S.W.Hazel Fern Rd. ® Tualatin,OR 97062 a (503)634-2762 TRANSCRIPT t CENTURY 21 PROPERTIES PARK PLACE November 15, 1983 PresidentTepedino, "I would like to move on to item :5.5, I need the staff report and recommendations". Assistant' Planner Skorney, "The applicant and owner is 'Century 21 Homes, Inc. and they are requesting 'a conceptual/detailed plan approval of a planned development. I would like to mention to the Commissioners that, having', that the staff' report has been in the works for six months, it was overlook, they; had also applied for, preliminary plat approval , ',also they had paid a fee for that". Monahan, "However, they didn't give you the accurate information to make the evaluation and;that needs to be _pointed out too. President Tepedino, "This application if for what?" Assistant Planner Skorney, "Staff was assuming it was conceptual/detailed plan approval for a ,planned development." Tepedino, "Conceptual and detailed plan." Skorney, "Yes. It use to be called preliminary and general." Tepedino,' "Thats right. So this will be the only time, if the Planning Commission approves 'this, ithis 'will be the only' time ;the Planning Commission sees this. It will not come back for the detailed plan approval." Skorney, "Yes, thats correct. Okay, so the location is at the corner of 121st and Gaarde, they area is approximately 47 acres. NPO # 3 has responded in writing to this application request. Public notices were mailed. There has been one written comment from a Mrs. Althea Robbins." Tepedino, "The NPO, did they approve or disapprove?01 Commissioner Pyre, "The NPO is here." Skorney, "Well this staff report was written before the NPO had made its final recommendation. Staffs comments, which are quite extensive here, they meet some of the Comprehensive Plan requirements and we recommended approval of the conceptual and detailed plans with the following conditions as listed." Excuse me, I should mention at this time, that the County, I received a call from Larry Rice, Public Works Director for Washington County, and he recommends that the Planning Commission not make any approvals on development at this site until the City and the County and adjacent property owners have agreed upon an alignment for Murray Road and Gaarde extension." Tepedino, "So thats the position of the County." Skorney, "Yes." PAGE 1'- TRANSCRIPT PARK PLACE - NOVEMBER 15, 1983 Monahan, "And Frank is in:agreement with that." Tepedino, "This is the city staff, the city staff is in agreement." Skorney, "Yes, the Public Works Director." Monahan, "I just -want to say, that we rely, almost entirely, on Frank's opinion concerning alignments of the roads and engineering ;type deals; and he has not, I guess, reached an agreement with the County, and he had not received input before yesterday from Larry Rice. Part of the problem here from what we've tried to perceive is 'we've got some letters that Marty Neisberg, who was the transportation planning person at the County, was ,in favor of the proposal and we relied on that ;information. However, we have since found that Marty left the County a couple,of months ago and I guess Y So now Mr. 'Rice has stepped forward and said he doesn't like it, so we would like to make the road be suitable to all concerned because it is such a very sensitive issue." Tepedino, "But your packet indicates staff's approval?" Monahan, "Because the packet was prepared last week." Tepedino, "Oh, before Frank Curries." Monahan, "Before Mr. Rice called yesterday. k u Fyre, "What ,is staff's recommendation?" Tepedino, Well, their recommendation is not to make a 'decision until the County,' the people involved in the City have come to an agreement on an alignment.'' Fyre, "So we should table it.'' Tepedino, "I propose to go foward with the public hearing. I would like to call for the NPO representative". NpO — Bob Bledsoe, "Part of our written testimony is included by staff ..... (muttled everyone talking same time)... Basically what i did, my name is Bob Bledsoe, 11800 SW Walnut, Chairman of NPO # 3, What I have just presented to you is a minutes of the last three meeting pertaining this application, there are some other things, but only thing pertaining to this portion of the hearing are included. I would like to draw your attention to some of the evidence in particular in our minutes. In our minutes of September 14, 1983, um, we had many problems with this, and all together there are probley 20 or 30 problems we have with this application." Tepedino, "Does the NPO's, Bob, summarize the NPO's of the application." PACE 2 - TRANSCRIPT - PARK PLACE — NOVEMBER 153 1983 I Bledsoe, "We find many problems with the application and things that need to be corrected. One of the recommendations is that the :application be postponed. - We would "like to point out just what ;are problems are. Uh, the first is about the alignment of the proposed` Gaarde St., extension of Gaarde St., and the item B refers to the alignment of Gaarde, in particular the turn lanes in phase one. In regards to alignment, a better alignment for the collector would be to start from the northward side of lot 401, which is } the lot. To start on the northward side of this lotright here 401 t which intersects 121st, this lot here.is 401,' and this one over here, the big one is 1400 which is two lots. A-better alignment would be to start with 401 and then pursue the alignment which is shown for Questor Blvd.. That uses your topography ,to the best advantage.` By crossing the revive where it is steep and narrow you have less total fill required, even though it might be deeper, but its narrower which would require a lot less fill. This would 'also serve better for the neighborhood` as a collector, because the proposed route, k it is very close to 121st and the other would swing out and catch more area away ; from 121st. This route would also �� very nicely However, its nothing similar ;to the proposal lines which were chosen. Then the roads would planned beyond, close to the boundary lines between the Rodde property and Century 21 property, thats along this property line here. Rodde property, already fronts 121st Ave`. and a 10 acre parcel does not get any twe collector streets. Century 21's proposal cuts off a slice of .Mr. Rodde's'°best property, being the higher ground, and makes it very difficult to develop it by the size thats left. If the "road were along the rBoundary line both properties would have access to it and the could also favor this approach. I did some rough calculations k and I remembered in the presentation that Mr. Miller said that at this point he was adding to the road and my; calculations show that, at this point, there isn't no 9 or 10 feet, if you moved it up' one ;contour line you wouldn't be filling at that point,anymore. At this'point' if you notice if they € came along here they could run the road flat at this portion. Then both would have access to the road and then start sloping it down to the ridge across here. ..this particular aspect, the road should be moved westward so that it is along the property line ......... I submit this for the record. Concerning other items about We notice that the setbacks on Questor Blvd. were less that standard. The problem with that is that Questor Blvd. is actually now the only access to the otherside of the revine. Although it is strong as a minor as soon as a local steet-it will serve as a g minor collector and it is not a wide street, _ allowing less than minimum setbacks will discourage the use as a .... ......... Next page. We're concerned about the placement of road, it happens to be directly abuting the R-20 zone. We though there should be a little space there........ We have pointed some problems, some are major some are minor. Two of comments were in regards to landscape and the problem of density, we feel, that several factors, which are not readily determined and you can't arrive at a firm conclusion in density. There sure to be enough total density to allow for 43 units in phase one, but the total number of units allowed, for the whole project will be questioning. Also Phase II approval should be made ti contingent upon the result of the study of slopes over 25% (tape garbeled.) However, the improvement on gaarde street out away from the project seems to be a undue burdon at this time for phase one development for the 43 houses, PAGE 3 - TRANSCRIPT - PARK PLACE NOVEMBER 15, 1983 maybe with the other, maybe not. On Page three of our hand written versions, we conclude, because diffently this development should have a bus turnout to serve it for the small cotteges being proposed; very likely would be using public transportation and the bus turnout should be good. Last, not last but the last thing I would like to emphazise was that they have not submitted the traffic; index statement, although it ........ .. And without knowing the problems, basically the staff report recommendedthat you approve the proposal with the condition that they will do a study. But the problem with that is the study is designed to let you know what the problems are going to be and if know the problems then you can take the necessary corrections ,as specified conditions. If you approve it then have the study, you've already given, you don't have any more authority, you given it away already. So we recommend a postponement of the hearing on the item until the study is submitted, if the applicant would be willing to waive his right of 120 'day review. Otherwise, if he would not be°willing to, I guess we would have to recommend denial of the application." Tepedino, "Thank you, any questions?" Fyre, "''Who is doing the study?" Bledsoe,' "Well, its suppose to be furnished by the applicant." Tepedino, "Could we hear from the applicant." Bob Miller, "My name is Bob Miller, I reside at 5164 Bobs Court,; Salem, I am a Civil Engineer employeed with Century 21 Properties ` and there is a tremendous amount of misunderstanding and misinformation given, presented here to you and counting each quotes in the last 10 minutes between the staff and the NPO, things which are being' said 'that are not true. I 'think the best way to approach this is to quickly run through a cronilogical rundown on how this was created. This is a pre'.im-inary plan application, it has always been preliminary plan application. In meetings with staff, including Mr. Monahan, we agreed that .............................the entire thing, because that would be the way to handle a subdivision, preliminary subdivision application, that would allow the city to control how future density would be used on the undeveloped lots.11 Tepedino, "Mr. Miller, may I interupt you for a moment, I take it your application is requesting a conceptual and detailed plan approval, are you saying now it is just a preliminary plan approval.1° Miller, "Its all three, it was and has been all three every since the beinning.,, ? You mean preliminary Plat? Millers "Preliminary plan, preliminary plat, whatever you want to call it." Tepedino, 1°Thats what you are requesting in this proposal, let me direct this to staff, is the conceptual and detailed plan approval"; Staff, yes. d; Miller, "Preliminary, plan approval is exactly what it states on the first page of the application, that is the fee we paid for, we paid a fee to be heard on that issue." t PAGE 4 - TRANSCRIPT - PARK PLACE - NOVEMBER 15, 1983 Tepedino, 1°On the preliminary plan (several talking same time)". Miller, 11We paid a $1,000 fee for the conceptual and detailed plan application, we paid an additional $280 fee to be heard on the preliminary plat. The documents we have on the wall states that . ..........,........ and staff's .....density for future phases is irrevlent, because in order to put , anything on lots four and six, later, it would come back before you under another application to re-subdivide 'those two. So what you are having is really a plan to develop 43 lots on the whole kit and kaboddle. Thats the application thats there, if we wish to come back later for 'higher density, for lots four and six that would be another application to the Planning Commission to be heard. Going back` through my notes, on March 8th, we met with staff, gave them drawing for phase I and were told to. go ahead on this. We revised plans on March 14th and March 25, 1982, and revised it as a planned unit development. We had things like Gaarde Street 'making turns, such as Bledsoe recommended, within the development and not to ,extend ;to •• That was not seriously objected to at that;; point. The major objectioneby staff at that point was that we had eight units on individual cu-de-sacs and city code ask for a maximum of six. April 21, 1982, we met with staff (end of tape)..•. ' On 8-20-1983, we submitted the copies of the fact, showing this as stated,' ......... local street. On May 26 we received the letter from Tigard Water District and the Schools saying they had adequate capacity for this. On May 31 and June 2nd we had two meeting with staff, which we told preliminary plan for phase I was okay but one of the plans, for furture phases ... had to cover the rest of the property., We had originally applied just •for the smaller lot, lot 401, we had not applied :for the larger pieces on the ,left and we were= told,'we had to do that also and at the June 2nd meeting that was the first time we were told, this is three months after we started this with the City, this is the first time we were told that gaarde was now a problem and that we had to go to the County and make peace with them before ,the plan would be acceptable. On that June 2nd meeting we were instructed to designed to 50 mile an hour speed. On June 6th we met with Washington County, we met with Larry Rice, Marty Nisely and Martinazzi of Washington County Public Works Department. We reviewed this status, Washington County informed us that they had no ......... for Washington County for doing the design that they and their staff had been wanted to do it and if wanted to get our project off the ground it would be up to us to spend the 1000 of dollars to do this design. We believe this is perhaps the only way we were going to get this development in. On June 8, 1983, we received plans that the ....... had done previously and a letter from Larry Rice, with a copy to the City of Tigard saying that Murray Blvd. extension must be designed to meet their and shows crossing the revine with a 40ft fill and this plan ...............which is want would be required to design this to •. ......maxium 10% slope, 7% 35 to 50 mile an hour curves• This is want we were being asked to• design at that time. On June 16, we submitted a revised plan to Washington County and the City of Tigard showing the Gaarde extended from 121st to 132nd. June 20, we recieved the letter, again ......... we received a letter from Jermey Coursolle saying that our submittal in late may had flaws on Gaarde St. , does not meet the criteria for design for the County and the density was okay and came up with the 200 ft. in each direction along 121st and Gaarde as a requirement at that time. 200 ft. improvement in each direction on 121st and..Gaarde, •because•••it requires getting additional rights-of-ways and improving the rights-of-ways . •••••••••knot transcribable). PAGE 5 TRANSCRIPT - PARK PLACE NOVEMBER 15, 1983 On June 30th we "met with Bill Monahan to complain about the 200 ft. right-of-way requirementwas basically unfair.' We were told not to worry about it that Jermey was leaving, and (laughter)...we 'should redesign the streets and thatwewould handle the 200 ft. requirement later. On June 29, we received a letter from Washington County to redesign from our June 16 design, because there was a possibility that this street would not be an arterial as the County wanted, but instead would be a local street and as such, should touch as many of the tax lots as ,possible between 121st and 132nd at elevations" that would allow each of the properties to have intersection with city digital distances in each direction. (something to the effect that it would be impossible to do that). You can't do that. You have the problems with the existing roads to do that. And we do' ....'...... .......also to the structures to the north of there on a piece property, and they had .identified those... They said they should miss the structures north of this. In my letter I quote, "If you don't do this, short of this alignment being acceptable it may be just as well to do the option of extending Gaarde to the west, ;this is the ,proposal which is being given to your We were -told to redesign this way and if we could'nt' do that then just take to the west, that way we could bail out. We could do that, :but anything else was totally out of context from the staff report. .their recommendations, the city has copies of, it states that this is the alternate, this is not what is being recommended, this is if you don't want to »go into the design out there and touch all these properties as is proper and do-a separate street that would take its way to the west. ` On July 7,' 1983; we met with Washington County people, Jerry Gordon,, who ; is still at Washington County,, and .we discuss the requirement that they had for touching all the properties. I have the work 'sheets with me here, we tried running streets across the revine, along our southerly boundaries, we tried' running them every place that we could and we ended up with :the alignment that we have as being the one alignment that seem to best touch all the properties and 'allow an intersection on each of the properties. Mrs. Rodde's property to the north, was probably there major concern, in that the design, your going up a 8% grade off gaarde. You are going up the hill, we're making a sweeping 700 ft radius curve, its stili 14ft of cut into that hill, if we extend it another 100 feet to the west it would be 25 ft. of cut into that hill. And if you do that, you say okay, lets go up the slope and make it a 10% grade or 12% and make it go higher and you now have a ski jump, you can't get off the hill on the back side to get back to 132nd. and make the street go thru. I don't really care what the perameters are, what we are suppose to do, but, I think that engineers have looked at this. I'm an engineer, and Washington County Engineering staff has looked at this. ..................... to Frank Currie ................. an no objections have been received as that design being bad or wrong or anything. .....(not transcribable).....(something about the 25 ft. cut and Mrs. Rodde property). On July 11th we resubmitted the plans to Washington County and the City of Tigard, in that letter, we wrote a couple of letters, we stated the criteria and made the statement then, showed that in that letter, that the finaly design is shorter by about 50 ft. in length than the original Washington County design. In the staff report, on page 10 it says, "adding several hundred feet to the length of the road as stated It is not several hundred feet longer it is 50 ft. shorter. (not e•transcribable). So I maintain to Washington County sent a letter to Frank Currie, City of Tigard, stating that the original landowners....... - hardship, that hardship is the 40 ft. of fill and 200 ft. wide fill, 40 ft. high ............ PAGE 6 TRANSCRIPT - PARK PLACE NOVEMBER 15, 1983 In the ;letter it says that Century 21 has followed Washington 'County suggestions in,writting this proposal, the letter ask for City support, to give City and County approval on the alignment, this is July 19th. July 21st the City ; of Tigard responds to Washington County, saying they will want to discuss this with City staff and City Council before endorsing, Chats July 21st, it's now;November. August 10, 1983, we met with the staff, we reviewed what was wanted on`'a preliminary plat, we got the forms, we were told the fees, you were given the fees to hand in for preliminary plat On or about August -17th we submitted the application,eit•w • as•,checkedfor completeness by Planning Staff. They took are $1,280.00 to start the process. On September Ist we received a notice stating that this was to be on the Planning Commission meeting for September 13th, on September 6th, :we talked to Mr. Bledsoe, : found ; out there was a terrific amount of misinformation being handed out about what Gaarde St. is, what the design boundaries were and immediately thereafter on September 8th; we were given a Tetter stating that the Park Place was pulled off the September 13th, agenda, because we had submitted insufficient information. On September 13th, we met with the staff to determine what would be sufficient detail 'necessary before staff would 'allow Planning Commission to hear this. We got a list, we met with Mr. Currie, Mr'. Monahan,, Mr. Skorney, we got this list. so this is the list of the things you need to give us to have sufficiency ofdetail. It took us . to do this,: thus the additional packet of information has been furnished tothe`City of Tigard and you might notice, that it was required of us to come up with street ......... `street lights, for this 121st extension south, was suggested in there, wedon't care, it doesn't effect out property at all ...(not transcribable) Nothing in this development is going to create 121st .street south of Gaarde. We fully intend to dedicate all the land and improve all the right-of-ways within in our site as the city requires and all that we ask is that we be told what they are and we will do it. This is a standard thing, we are told that when we you get a preliminary plan approval that whatever you do that you design the streets to .............standards and we will do not. When we don't do it then when you get a permit to build. This is a automatic thing. On October 24th, we did meet with the NPO and we found a tremendous amount of concern with Gaarde, the street plans and alot of the information that had been mishandled, we thought, and uh....... ........... On November 14th, we received your staff report showing that the preliminary plat had been omitted, maybe embaressing, but its not our doing. The statement now that there is not adequate information on the preliminary plat is another insufficency detail, I have a major objection to this, because what we have if I might go down the streets, the only street being created there is Gaarde St., if we do a half street improvement on 125th we'll match the street ..that are there. Gaarde Street, certainly the grades the plans and the profiles have been done to death, we have spent 1,000 and 1,000 of dollars with Washington County and the City of Tigard designing them. ....not transcribable).....•..•. Storm and sanitary sewers, in a meeting we had with staff, several times they were changed because they didn't like our proposal. We had storm drains entering on the Rodde property, Mr Currie made us change that, we changed that and ......... as it is now showing. We should the major elevations on the preliminary plan, the sewer grades, this is gone over by Y staff in meeting on the preliminary plan. . ...•. ...Anot transcribable).... . Staff Report on page 9 paragraph 4 states and I quote, "Public Works- Department has reviewed the project and finds that the Sanitary and Storm drainage plans acceptable. Water is shown on the preliminary plan, note that the staff recommendation ... (not transcriable)..•••• •• PAGE 7 - TRANSCRIPT PARC PLACE — NOVEMBER 15, 1983 Underground power was designed by Portland General Electric, we are going to - put it in. Street lights system is between Portland 'General Electric and City of Tigard on how it is going to be placed. We will :put in what is required or we won't be allowed to continue. . ..:(not transcribable)..... I am really ti missing what is insufficient data now that we haven't submitted. I think .we have submitted every bit of data that has `every been submitted on any preliminary plat and I 'think< ..................... .... traffic circulation pattern.. .(not transcribable). •• .(something to `do with the streets)........... We -would like togoefahead this evening' a get preliminary plan approval of Phase I as it says, and I think we can >cut out all the .. ...... ..................... We have a preliminary plan application before ,you which 'shows six lots, density is not a question, there are 43 units on all the acreage,` they are 80,000 dollar, single family condominium, if you wish, there is going to be 'open space. The common belief, I suppose, is are 80,000 dollar units considered ... ... property to the south consider lower class........ .......'(not transcrible) I think the rich folks should come up with their own five feet of buffering. ' (not transcriable) Chairman Tepedino, ' "We heard from the NPO, .................... we've heard from the staff and we have heard from the applicant. There are some people who have signed up who wish to speak in 'opposition to this project. What- I would Tike to do, and I have polled the Planning Commission. members. If the sense of the Commission is what I perceive it to be, for a continues of this. I think once` every year the Planning Commission is privileged to hear an application as complex and compounding as I think this one is. In my estimation, I don't think its the, I hope everyone understands, I dont thinks its, at least in my estimation, the job of the staff or the City' to frustrate or obstruct, or at least I haven't seen that. But this proposal seems to have raised so many .......... issues. And it would be, ,in my estimation, virtually impossible for me to be sitting up here in this forum and make a decision on personalized issues based on arguments pro and con on the issues, _ when it seem some of the issues are ..................... I'm not sure, really where the City stands, it sounds like the City, now is suggesting that they want to get together with the County to resolve those issues. The applicant has raised some issues, the NPO has raised some issues and what I propose to do, is that we can sit here and listen to the 12 people who have signed up to speak against this issue, but what I would propose we do is to take a consensus of the Commission and continue this matter, so the applicant is not burdon by using his fees. That would perhaps give the opportunity for the applicant and the staff to prepare themselves, the .IPO people, other affected organizations, get together and thrash out the issues so that they can be presented in a logical manner. Simply so the Planning Commission can make a determination, yes we approve or no we disapprove. I'm not sure that we can do that right now. I would like ask the consensus of the Planning Commissioner as to whether in their minds, that we would be comfortable, in terms of the interest of the citizentry and the NPO's and the appliant and the City_ and ourselves, whether we should move for a continuance. With the I understanding, perhaps, that the applicant and everyone else agree that the 120 requirement be waived.'/ Monahan, "The 120 day requirement does not apply to this application." Tepedino, "We're not faced with that, okay, so we are not faced with an automatic approval if we don't take action within 120 days. I would like to get the sense of the Planning Commission where we sit on this.11 PAGE 8 - TRANSCRIPT — PARK PLACE - NOVEMBER 15, 1983 t Commissioner Fyre, "I think it should be tabled until nexttime, I see the ( key issue here as ,the traffic, where Gaarde is going to tie in. We need to find out what the County's concerns are. If the County can get together with the City; and come ' up with some agreement as to a consensus where the connection should be and then move ahead from there. I think that could be done in -short order. Then City staff could get together with the County, staff,with the appliant and perhaps somebody from the NPO, ,as they had some issues. Once that issues is resolved then the rest should be able to be worked out." ' • .. ... Commissioner Moen, I don't think .•••••••,••••• • Unfortuately for the developer that he happens to have larded smack dab in the middle of this very controversal issue. •••••••••• ••• ............ ....... The think that I would suggest is that, I would think•weshould table this. I think it would be, to the developers .......... to take additional testimony; tonight. (not transcribable)- Commissioner Owens, I think that the comments expressed by the two previous Commissioners reflect my thinking as well. 1, however, not that sure that I would like additional testimony tonight. I see 'Commissioner Moen's point and its a good point. Another side of that coin is that, I for instance feel that I could better utilize any further testimony at the time the -next 'hearing occurs, 'rather than hearing it. tonight, and then trying to keep a handle on occurs, that, when we then come to the decision at the next`. So I don't kuow all whether shortening the future meeting is the best goal that I should work at." Commissioner Edin, "Just 'a couple of comments. One, I did some homework on this and made some note on some things that I felt had not been addressed. I u realized that two of them that hadn't been addressed, now pretain to Phase II but don't really pertain here. The other two the staff addressed. Mr. Bledsoeraisedsome additional ones that I`hadn'-t really picked up. And quite frankly I'm a bit confused on getting a handle on all this. The other one that I made note of is not your problem. I guess I have a concern, that what I feel like what we may end up with is a situation similiar to the triangle, where Council is saying we'll do nothing until you Property owners get everybody together and work something out, or nobody will development. And I'm afraid we may be stuck in the middle of that similiar type situation. If we do as we're proposing, and I favor that, I guess that I would like to see a request from, this Planning Commission body to the City Council asking _them, what kind of position they are taking in terms of negotiating with the County. I they going to stand on what they said. They may tell us to go jump in a lake, but I would like to ask that question. Because it seems to me that the applicant, Wasington County, NPO, Staff can all get together and it isn't going to make a bit of difference, if the Council sees it totally different. So I see that as a key factor, and from what I can see in the comp plan right to build until the County agrees to the City now says that your not going position. So I see that as the issue." Commission Butler, "On the road?" Edin, "On the road. In terms of taking more testimony tonight, I would concur with Commission Owens. I think it would be appropriate, its just that I think ' r it ought to be done in an informal quorum, where the applicant is there and needs to be discussed at much length as possible. Possibly a town hall type thing where anybody from NPO # 3, staff, applicant, so I would favor that over here," PAGE 9 - TRANSCRIPT - PARK PLACE - NOVEMBER 1.5, 1983 Commissioner Butler, "I'm stillunclear on this planned development, is it ( phase I, is it just for 43 and not 215 like we see here?" Assistant Planner Skorney, "Well, the planned development as I understand it, you look at the entire project and only at :the preliminary plat approval stage do ;just approve one phase at a time." Butler, "So will this come back before us or something for the other phase is that what you are saying, as a seperate subdivision request?" Skorney, "As a subdivison request.1° President Tepedino, "May comments on this thing are that, first of all, I think wants happened `here,` for `what-ever reason, good, bad, or indifferent, the application, in my estimation, .... .. ...••, • several discreet steps in the process, and anytime that you �do that, unlessyou are really adept at flying a '747 you are going to have problems. And I think this is one of those were it just didn't come out the way it was designed to come out. Plus I think the .......•••••• problems of following into .... .... where are we going to put this road, who's property is 'affected and how many cars per day and all 'of that, I :just think that its unfortunate, ,I think that any of us were the developers` that had are monies tied up in this property, we would be pretty upset, about whats happening. I think that terribly unfair. I don't know how many people' this developer employs, but if he employed my son I would be kind of grumpy, or if he employed`me. On the other hand I can understand that if the landowners feelings, the lands thats being affected, but on the otherhand it seems to me that the 'people involved haven't been adequately communicating for whatever reason. And while I'm always usually in favor of taking alot of testimony and getting 'a lot of, I'm not really sure this is the appropriate forum. We could sit here till midnight tonight, but I'm not sure what we would accomplish, I would perfer to see the people that are involved gat together and either come to some agreement or agree to disagree on discreet elements and then come to the Planning Commission and make their arguments. So that we can sit back and try and make an intelligent, balanced decision. I'm sure what we would get if we listened to 12 more people which are signed up against this item. Perhaps you might get some new information, perhaps it might be repetitive. But I would think that that all of us are attempting to be adults about an issue like this and agree or agree to j disagree. I'm concerned particularly of the Washington County will have to do something so those folks and maybe the City Council will ultimately have to make the decision. But I would be more inclined to give the City Council something they can accept or reject. Because frankly, I'm not sure going to the City Council an asking them for a policy position would be the most advantageous way of getting them to respond, I don't thinly so." � e: Edin, "I guess .........•..•.. such time as we can boil the issues down, I would be inclined to force the issue by approving something with some street plans, and say to the Council, all right here it is r j Tepedir_o, "this is the way we see it or don't see it and let them. I think r that would be that best tray. I'm just wondering how best to get that. Do you t have a short comment Bob." PAGE 10 - TRANSCRIPT PARK PLACE - NOVEMBER 15, 1983 Bledsoe, 11Yes, I think you could reduce your testimony to three people, one of the representive from Bull Mountain, Mrs. Rodde, and Mr. Moore. I think the other ,people would be willing to waive their testimony, if I'm not mistaken. i Tepedino, "How many people, would they be speaking on different subjects we haven't heard?" Bledsoe, "Well she represents her property and he respresent his property,and they would represent their neighborhood.t° Tepedino, "Okay, what 'I'm going to do then, I'll give you each five minutes and :if you can take less than that we would appreciate it. Why don't we move onto the public testimony." Mrs. Athena Rodde, "I am the owner resident of the property next to the Bechtold which is now known as Century 21 for 25 years. The roadway cuts over to the Century 21, wants to put through my property and Gordon Moores is going 5 to ruin the future development of these properties. The existing alignment if it only goes straight through ........ for about 10 years. It does not infringe on any individuals property. Century 21 has no 'right to the proposal at our expenses. ' They want the roads through;our property so they will not be liable for the road expense.` The; existing alignment should be adopted for the € benefit of everyone now and in the future. The alignment proposed by Century E 21 destroys the natural development of the area as-a part of Tigard in forcing us toward : Beaverton. I talked to Mr. Reed the head of public works' for Washington County, yesterday, he said he had no knowledge of the proposed Gaarde Road to my property. The proposed road .......... on Washington County ti maps , in Washington County, shown the road ,extensiofrom Murray Road to go through the Century 21 property and not through my property. And Mr. Reed } said they can't get approval without" the County. So- I propose that this f planned development not be approved." i e Mr. Gordon Moore, 11I've known this every since this came up 20, 25 years ago. I've been in on the bottom of it, and its not nearly as complicated as people make out." Staff, "May I have your name and address for the record." i "I'm Gordon Moore at 13535 SW 121, this man comes here and tells you that he can't get any information, neither Mrs. Rodde or I have every seen this man before. This tells you how this has gone. The City of Tigard has not, the Planning Commission has never come to Mrs. Rodde or me to talk about this. ..(not transcribable)............... I heard about this, the first Now, ` thing I heard about the road going down through my place was Mr. Bledsoe who came just before the meeting which was suppose to take care, a month ago. It t was three or four days beforet he meeting, wasn't it Mr. Bledsoe. At which time I immediately went to the County, and I su_e this gentleman, did you work } for the County a month ago (directed to Steve Skorney). daughter... There was a man that I saw and he told me, "I'll give you the whole story on this, this man came in and he says I want to build here and this road is going to tax me awful heavy and I would like to tack it onto some of the other people too. And he said, 1Well, come up with your program, lets see it." tae came up with it. He said we have never approved, disapproved or done anything - r 1983 PAGE 11 - TRANSCRIPT PARK PLACE N0VE.4BER 15, we have to have 'a public With it. He said, "before we can .......<....... wife Now this is the County. This is the first thing Mrs. Rodde that they hearing. And if you take carefully the,maps or myself have he about this. all he's trying to do, and have proposed, and Mrs. Ronde has some here, don't 'feel to sorry for Century 21. This projected road has were incidently They bought knowing exactly on, the maps long' before they ever bought. } swift and its on maps over the County propsosed this road to go and their very in turn there" at he County• And when they bought thisrbought om Zthis oknowing that, it from Bechtold, all that was known. They so don't feel that they have been taking advantage of after buying something that:their innocent.°f Tepedino, "Oh I didn't say that" (laughter) But K Moore, °,Here, can Z hold this up, and I'll sit down. in a moumen ected it and here is this protects this projects the road as theCounty as pry Road. I've you can call it -anything Roads j you call it .•• • I've ,given in, I'm Whipped. Murray lived with it• and.�I don't `care, 11 going to;go through a corner of my property• Owens, "Is this your property here." theres a little house, put his More, "Yes, theres my house, theres my house, h 135, 132 and instead of And we have 55 acres we go through So it s road through, • on my place, over here. going to go this way,; we is not so o. if you run it down goes over my place, thats the logical.place sfor it to g my in here so Mrs. Rodde pays: for this part of the road and cut in front of et house, the only house on 65 acres, and they got the whole place there and let me ;pay to gut his road through the fill: And thats how simple this is t I agree o this gentlemen, ladies and g entlemene. This isn't; comgets PChea Counyu and these t people can do anything until somebody g they would approve that nobody I can't understand why Your nrngram shows this. you together, �--o° this thing. You can possibly do it, when the outline shows they want toVedo� E this through and get a commitment on what thwho is he, he's i Frank Currie, Because this is the Murray- Road extension t with the City isn't he. He sure said a mouthful when he said this and no one wants to mention it. He reiiewed nmentthe wouldPark seemPlace t° pr, shiftojectannallegeduhardship ; the Gaarde St. extension alignment to properties s from Century 21 land, generally not suited for developmentfor, owned by others which seem on the surface to bels oresu and myiteaplace don't have Y and thats exactly what it does. Mrs. Rodde s p things like that and ` those problems of the 25ft I mean 25 degree everses they and are doing. Thanks." they are just trying to shift this on us. Thats whatand I have „My name is Ray Barnum, and I live at 14405 SW Hazelhill Dthere and I also acreage just north or just south of the property adjoining set when ... And I'm trying to take the percaution not to seem ups en to and many of you who know the ....accused of being one o€ the rich and the snobs and the elite • Y Kapp work as a policeman, I don't make a lot otmoney,I have some exceptions to this public service business, know thats very I also, besides being a particular plan, I have worked through tlta City, , acne through this ( policeman, I build. I've buzi in It think there andCity I've reall issues address process on more than. one occasion. nd I'm not going to reiterate on them. here. Many of them have been spoken to a PAGE 12 - TRANSCRIPT - PARK PLACE - NOVEMBER 15, 19$3 I think the County, °,-ity Commissioners already made the plan, that this was f not :and they were given the standard,- they :don't want, I ,think that comes a grass roots level of the people all over this area of the City of Tigard that we don't want that coming ,through. And your going to continue to get a €fight from all of us that have property_ adjoining that, no matter what you do t week, if, you set it over to next month, if today. if you set it over to nex you set it over to next year, we'll be here in masses,: we'll fight you on it every step of the way. We 'don't laugh" Tepedino, "Excuse me you refering to Gaarde and Murrary. Barnum, Yes, and I think thats been argued with our City legislature all the way along. The real crux of what I want to say that has not been addressed and;;they mention about tough luck with the rich folks which live above us, and their just going to have to do their five foot Burnam, ;it goes far deeper than that, I-know from my experience how this division work, but if thats allowed to be done, your opening pandoras box for the acreage that Ames owns between my ,property and this piece of property. You look at the very bottom of that map, you find a one way street thats about 20 to 24 feet and you have cluster of cul-de-sacs to the south and you allow that directly above the property of s Ames you cannot convience me, that the mentality that we work with in ;staff, that once that done, they will not reverse that cluster, well its unnatureal folks, to put the same cluster on the Ames property, which then I would have � my property directly in conLaCt� with a PUD, which I don't want. That is not zoned, folks, medium density, thats zoned R-20 and I want that to be the very minimum that is abutting to may, that way I have a -buffer zone between my property and this property. But the way this is, been allowed to be presented x to you, ,you going to have a much high density requirement on the R-20 and the arguments going to come back to,yo?,;, that if you accept that, then their going ' to come °back with the argument from staff, Oh folks look what we have right across from this little private street. I'm here to tell you that we will fight, we don't want lt," Tepedino, "Okay, thank you sir." "Lets see, we've heard from those three diverse points of view, are there any other points that have to be made here. What I would like to do now, I think we've heard from ...... .... ........ Bledsoe, "Your going to continue this hearing?" Tepedino, "Well I want to get a sense of the Commissions, because we could proceed and make a decision and have it stand or fall on what we've heard tonight. The alternative is to (tape ended) Tepedino, "Next schedule hearing, is that sufficient time? I don't want to get it back on the agenda and then have to" Monahan, "The next agenda would December 6." Tepedino, If you were to come bac': in December would you have enough time to do anything? Or would you perfer January. Miller., "(not transcribable) Tepedino, The questions is do you want us to continue or do you want us to vote yeah or nay on the proposal tonight, and if you want us to continue is December adequate? We're prepared to go either way." PAGE 13 - TRANSCRIPT - PARK PLACE - NOVEMBER 15, 1983 Miller, (to far away not transcribable) Tepedino, "I think you are missing part of what your searching at. Its not only the City of Tigard and County, I think, what 'I would suggest you might want to consider is the differences of opinions between your clients or yourself and the people you heard speak here tonight and the other 12 who have signed up against you." Miller, (to far away not transcribable) Tepedino, "I ....... object to that, because you can persent your proposal to US." Miller,- (not transcribable) Tepedino "Let me crystalize the argument. Would you like us to continue it and would December be 'adequate or "would you like us to vote up or down tonight." Miller, (not transcribable) Tepedino, '"Okay, continuance, you perfer continues, the question is, is December 6 adequate for'you? Yes or no." Miller, "Yes./1 Tepedino, 1°Okay. Is December 6th alright for the public and the NPOV' No h hearinga no I will take that it is." Commissioner Edin, "I would like to make a motion that we continue this to December 6th meeting and that we request our City staff to schedule a meeting between the applicant, the staff and in the interest of our public members, Washington County11 Monahan, "I think we can guantee that we can get a meeting between us, the County and the applicant, whether or not we can get the public involved too, I think that might be asking t1 Edin, "What I am suggesting to you is that people that are here" Monahan, "The County might not be there, Chats what the point is. The County was invited tonight, but they didn't choose to attend. First, you have an obligation to get the technical parties together and see what the issue is on the road. Once thats accomplished, I think then you need some kind of town hall meeting. Now theres a meeting coming up in three weeks, theses not an opportunity for us to number one, guarantee that we can get the County together, then guarantee that we can get a town hall meeting together, then guarantee that we can write staff report based on the input." Edin, 1°Would you perfer January to accomplish that?" Monahan, "I would perfer to deal with the County first to see how we do." Tepedino, "Then let us know what these people know where to be." PAGE 14 - TRANSCRIPT PARK PLACE NOVEMBER 15, 1983 Monahan, "I'd say schedule it for the 6th, see what we can accomplish by the 6th`. Maybe that could be your so called town hall meeting. On concerns are going to be based on whatcomes out of the meeting with the County. Thats% what our `staffsreport going to be based on." Then let the town hall meeting be the 'Planning Commission session hearing on what the technical people say. Edin, "I have'a problem with that, in that what I'm hearing here is a lot of i stuff that I thinkisminor and that it ought to be thrashed out ahead of time betweentheapplicant" Monahan, "Between the applicant and them, I don't think the City needs to be involved in it." Tepedino, "Unless they (many people talking same time- not transcribable) Butler, "Can I interject something before you motion. I was confused from the beginning ;actually :what the subdivision was. Here I read its 215 family units on`47.81 acres and now I'm to understand that its only really 43 units on 9.46 acres, and I still don't know which is right." Skorney,, Thats the problem I was talking about, this preliminary plat is type out in phases and ........° Its talking about conceptual plan for ...... Butler, "Then I have a school impact` statement, 'which it does show up and by our Comprehensive Plan is required as a precondition' to development. And it says 43 units on 9.46 acres. I, called this guy 'today, and he said "I€ thats what it '.says then thats all its going to be." And .I said, well we have :a hearing`and 'it says its going to be -215 -units. He said, "Well `my notes are going to be alot different. The guy who signed it is Larry Ribbard or something like that, (Hibbard). So I would like to get clarified what the subdivision is. 11 Tepedino, Let me ask the staff, why are all these three elements compressed into one document?. It make its so.......... to read." Monahan, "Because the applicant submitted it...... . Tepedino, "One way to loose a good ........... is make it some dam confusing for the jury, just some free advice. Okay, would you like to make a motion sir?" Edin, "I'll try again. I would make a motion that we table this to December 6th, that the staff schedule a meeting with the applicant, the County and respective parties, recognizing that the meeting for technical purpose may be required, but if at all possible, also a meeting to allow the public to be involved, to give input prior to coming here.°t Butler, "Could I add one more thing that I mentioned? Is that possible? To get a true school impact statement, if, the development is only 43 on 9. what ever it is acres. Thats find, but the point of this is its not going to be phased and we're told it is going to be a phased development."' Tepedino, "The motion is made do I hear a second.1° Owens, "Second11 PAGE 15 - TRANSCRIPT - PARK PLACE NOVEMBER 15, 1983 Tedpedino, "Further discussion? Call for the question, all these in favor of the motion made and seconded, please signify by saying Aye. Motion carries. End of November 15, 1983, Public Hearing Century 21 Houies/Park Place (0291P) PACE 16 "TRANSCRIPT - P,1UU PLACE NOVEMBER 15, 1983 TRANSCRIPT CENTURY 21 PROPERTIES PARK PLACE December 6, 1983 Vice President Moen, "The first item on the agenda, 5.1 Subdivision Planned Development S 8-83 PD, this item, if I recall, is the it 'item that we table. I don't think we need to take any action to get started at this point. - Skorney, "No." Moen, "Okay. I think we will go through, the same procedure even though we've had a hearing before, we'll have the staff, staff do you have a report or some background you can give us on this item." Skorney, "Yes. Just to maybe to review for the audience, the applicant is Century 21 :Homes, -Inc. and they are requesting conceptual anddetailedplan approval and planned development and preliminary plat approval of Phase I, consisting of 43 units. At the previous meeting, Planning Commission meeting, it was determined that they had sufficient information for staff to process the preliminary plat for phase I, and it had been left off that staff report. Anyway, II will quickly summarize that the 'Planning Commission tabled the discussion until the City, County and effected; property owners and ;the applicant could resolve the Gaarde` St. extension issue. A meeting was held Wednesday November 23rd, at -City Hall, and in attendance for the, William Monahan, Director of Planning and Development; Frank Currie, Public Works Director for the 'City; Larry Rice`, Washington County Public Works ,Director; City and County staff 'support; NPO 3 and .CPO 4 representatives; , and the property owners; and the applicant, Robert Miller. It was agreed that SW Gaarde St. would be extended to the northwest corner of Phase I of the Park Place development. Gaarde St. would not encroach more than five feet onto Althea Rodde's property. The County seem to agree that Gaarde St. would not be a major thurofare, it would be built to collector street standards, meaning two travel lanes and one center turn lane. The County has stated they are concerned with the future residential use in that area, that they feel they must plan a road to handle the projected housing density, but this Gaarde St, extension is not the Murray Road connection, which we had agreed upon and it is so stated in the City's Comprehensive Plan. And it was brought up that the City's transportation plan suggests a series of indirect minor collector connection between Murray Blvd. and Gaarde St. and that this connection, this Gaarde Street extension would help to satisfy that. A follow-up meeting was held on November 28th, at Fowler Junior High were the applicant, Robert Miller, explained the new alignment and took questions at that time. After the town hall meeting of Monday the 28th it was suggested by Commissioner Edin that Mr. Miller submit a alternative design which would be a more indirect route, indirect connection to 121st and Gaarde Street here. Now this is the, put together by Frank Currie and this shows what was the agreed upon alignment here going to the northwest corner of the property here and the 121st. This was the other connection here was run along the north end of the property out here just a couple of hundred feet south of Rose ...• Frank's comments were ("what me to hold that/°) okay, well uh, let see. Just to show what sort of ........... would be here. Now, this was shot up here, 121st north, this is from Gaarde Street here. Now this would be were the, were Gaarde would come onto 121st here, Rose lista is off to the distance there. PAGE 1 - TRANSCRIPT PARK PLACE - DECEMBER 6, 1983 S .v It said that 15 1 5 and 9, these show the clearance here and ' that's the distance at the corner of 121st and Gaarde. Now, you get here and you see E here that this is north and south of 121st and the .......`. would be about where the sign is and as you can see there's, not much. This is turning around _ a looking the other 'way towards, Rose Vista. So, and he also stated that he felt the bridge to that, the alignment there, the extension of Gaarde Street that was agreed upon in the meeting would, :the bridge would not be excessive from his site, Field inspection ;and you may ,also want to note' the proximity of the houses on the south, on Gaarde St., he has shot some along Gaarde there. LL Staff, some of the conclusions II have made, on that there was, :first of all ` there is adequate information for us to process the preliminary plat and some of the questions that were raised at the last meeting, I think Commission } Butler raised about the school impact statement and since he's only requesting for Phase I of-a development, he has gotten' that school impact statement there rune by :the school district for Phase I. Then at the gime of phase II { development he will submit a school` impact statement for that and then of course you know about the police, fire departments concerns and some of the j recommendations. Staff is recommending .:the approval of the conceptual detailed' plan approval and the 'approval of the preliminary plat. Some of the conditions that you may want to bring up is that the applicant will improve the existing right-of-way. This is the existing 45 feet, 45 foot r right-of-way, >200 feet north and east from the intersection of 121st and Gaarde to the City's interim standards. There will be full half street, there will be half street improvements along` 121st, abutting the applicants q.' property.` And, also, I think, and additional five feet of setback plus the required :20 feet must be maintained on either side of Gaarde Street extension and those are '`maybe the additions that have been made since the last< staff report. Oh, and also here, I do have some pictures of took of the site, e picture you may wan to look at and This is phase I of the development,here k and this shows the ........... you can see the barn and of in the distance hereyo^.'ll see the Moore property to the north. The Raleigh property would be would include the stand of trees here and shows some of the intersection ... .not transcribable....... . Z } Commissioner Fyre, "Could you clarify something, when you say conceptual in design, are we talking just for the first phase or for the entire project. fi Skorney, "Well that would be for the entire, yes, no the entire development. Well yes Phase I and II" Fyre, "Phase I and II11 Commissioner Edin, "I guess I'm more puzzled, I realize its not time for cross examination but can you explain which to me, what is it that I am looking at for the rest of the property. All I see is shaded.11 Skorney, "Weil that's stage, well uh, its detailed approval or plan development, were looking at the, well basically some of the things you address in terms of overall, and I did overall meaning it never mean it could possibly be built. The need fore, dedicate some land for the for public use there." Monahan, "More the outside limits of what the development going to be that's what we're looking at rather than the specifics." 6 t PAGE 2 TRANSCRIPT - PARK PLACE DECEMBER 6, 1983 ti Moen, "Staff is it a true statement that planned development, we normally handle that through separate." Skorney, "Well yes, that's, in the code it will allow for the ;applicant to apply for both phases at once. Normally they ' ..(interruption)... well yes, apparently this has been, he had a meeting with the City core He has brought in many conceptual ideas on how this development will occur. Usually at this, at first stage,' is where, just to get' a idea, use of the property, zoning, `other"code requirements, they density transfer that type of thing." Moen, "He's asking for both?" Skorney,` "He's; asking for"both, ` yes. Staff feels that he has supplied us with sufficient information to (untranscribable question) yes to review the entire development." Moen, "He wants conceptual approval for the, conceptual for the whole thing and detailed approval for, phase I." Skorney, "Well no, conceptual and detailed for the entire, for both phases." (Several people speaking at same time - `inaudible) Skorney, ' "Well the detailed plan approval is where they, he has shown us the alignment, well I don't know maybe . can give plat ,approval for that first phase and have him come back, 'because of the -nature of the terrain and how that road will extend beyond that first phase, how he's going to plat the � . houses and the. Edin, "You me that's one of the major issues and "I've seen nothing there presented to the staff or this Commission for that." f1Vice President Moen, " Okay, staff do you have anything further." Skorney, "No." Moen, "Is there anyone here from the NPO?" "My name is Bob Bledsoe, 11800 SW Walnut, Chairman, NPO 3. We at the earlier meeting presented you with written summary, our minutes of three meetings and s ...., we have been to several of these meetings and .......... we urge you to address all of the issues we have raised. We didn't prefer the ........ which was shown on the ..........inaudible)......... One thing we hadn't setressed to much before, was the ........................ was address to staff, staff ............... Both, ...... basically presenting here is a condominium ownership, were you put many houses on one lot. You might put 10 8, 15 houses on a lot. In the Community Development Code the definition of a _ single family residence is once dwelling pleas upon a lot, and the allowed use in the R 4.5 zone is for the privilege of, I don't know what the privilege is, for a single family detached dwelling. There is uh no uh, there's also public facilities and .......... . We do not see how this type of proposal satisfies the definition and is an allowed use. ........... inaudible .... Moen, "'You6want to address that now.81 PAGE 3 - TRANSCRIPT - PARK PLACE - DECEMBER G, 1983 Skorney, "Yes, well I `think the definition in the code speaks to an average lot size per dwelling unit. Whether it is physically defined with ownership or not, I couldn't .inaudible.. Monahan, "Similar to in the multi-family- zone it might say your R 12 or R 20, we saythat the single family unit ........ 3,000 ,sq. ft. duplex, '6,000 '`sq. `ft. for multi-family units, 1,850 sq. ft.. So, obiviously it isn't being broken out, but the amount that has to be buildable at the lot,......... developing for each unit." Moen, "Maybe I should ask the question, ..........' is basically the land in this proposal to be one, maybe the applicant can answer this question better than you can. Is- it 'suppose' to be Common ownership, for mostly the area and Monahan, "I think you should hear from the applicant. That's what the proposal had been :and last I spoke with him, it was a -little bit up in the air, maybe they;have finalized." Moen, "Okay, well give him chance to speak. Okay, is there anyonefromCCI here? 'Okay,; the applicant." "I'm Bob Miller, I live at 5164 Bobs Court South, Salem, and I'm a Civil Engineer employed by Century 21 Properties. This is the like most 'thing that you do ,by proxi, :we have ........ 43 lots 43 unit from 47.8 acres was so that the entire property could be;spoken' to Isere .......not transcribable..... .. or whether or not approval is for 43 unit on 47 acres :or 43 units on one acre. . ........untranscribable..... that one big tax lot into three tax lots and make one tax lot °available for open space for the homeowners .:... . If approval is granted for just 43 units on the outlying portion of -Phase I, ° that's perfectly fine at this point. Because, we can still utilize the remaining of our property as open space, recreational space and before any developments done, or any buildings or anything on the remaining phase ..... come back to you for additional approval ........... And not to come back to you until the County and the City have sufficient time to have hearings on the roadways. there sufficient uh interest in debating this between the City and the County and uh the County's going to be starting work with this and ....... traffic generated and proposal made to the City ... ............inaudible....... You decide what the streets will be ...................... we can't do anything out there until that's resolved ........ so, our proposal, original proposed ........... ................ ... .. Its not necessary ......... . .......inaudible.. ......... comfortable with either location . ..,. safety aspects at the town hall meeting If it was the consensus of the Planning Commission that we improve the intersection, we have no problem with that either. ........ ......inaudible......... .. We need an approval on something, either a tentative approval, .. clarify what the street width is, 60 ........ setbacks, and the driveways .. .......... No driveways are accessible to Gaa rde Street .. ...... .... .............. ... because of the grades ..... agreed on the alignment ...... Gaarde and 121st few cuts in the hill............. ....... Staff .......... ......in audible ........................... . .......... The City spoke to the fire department ................... ..... . and the fire department felt comfortable with the We would like to request PAGE 4 TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 Gaarde'and that the 200 ft. full svisualization of what treet improvement' not be levied • ••., . on sto be 121st as I pointed out last time my vis going n is required as improvements on Gaarde StreeAnd somelcombination thereor brightheret of-way -not sufficient right-of-way to do it, as your asking;me not has got to be taken, if they •••... ......... .• .. inaudible.. I don't thinkthat• that•'s fare to ask.us to d® , `... .........•.inaudible......•••• inium normally ..•• ...•........ . otherdevelopments .. condominium Ownership , is, . this is a condominium, it is a as you visualize a apartment structure. All the land will be•.owned••by •neighborhood association and ..........••••••••inaudible:•••••••• mal condominiums the only difference that this arrangement has that nor>..,...... their is the separated units, each persons has their own Pprivacy. ownership of ' own unit and they live in and a person has wiThut as msa up the ............... all the open space • •••• ••. • I •think landscaping is all taken •care••of . i I've covered all the •.inaudible., Commissioner inaudible Mr. Miller comments inaudible 11 the City Commissioner Edin, concerned with the • Council adopted a resolution authorizing the police to go into ••••••»• F Miller, "We made a the proposal to allow the police to come in �7e o to dthat•as inaua, following a request from staff, that it be ,- if 'there's a traffic- problem internally the Homeowner s •Ainaudible � can.......have them cited or towed away or non authorized vehicle ,- We ask people to move forward. The first Moen, "We'll ask questions later. T.ar,y Rice." one on the XL --- - Larry Rice, "Staff, applicant. ,the• objectives are coordinate a meeting. ......•••...... .•� public works department and the the usual objectives, in that ............ •� .... and City and the County get together with the . residence inaudible •.... Staff determine how best to take this action • ° ,inaudible b ......•••••• City ! summarized it well as far as......••• ..' ' staff, and certainly I agree with Frank• Currie recommendation to your presentation is what we agreed to at that meeting, Commission which the County supports, which I understand that Frank Currie supports. We I . We also understan , would recommend that to youI understand that Ihave not seen ................ jurisdiction has changed . inaudible In terms of how wide the street is, I think ...... taff• .• agreement that ..inaudible.•.•.•.• support that your position. Whatever the City standards are, relative to achieving that type s ' or ,,inaudible.,,•• ° I don't think we have anything else, to reiterate, we're favor the .yoiunaudable staff's recommendatiaon�annd we our staff's recommendation ....••••• • would support that. Commissioner Edin, "I understand why the, Frank Currie and you prefer the Comm " Gaarde. My question really is, approach alignment that comes in ••.•••••• rather than T it.••.•••••• what would happen it from the opposite . • if it went to the IoW point aand°T'd fit thenrest .the way to tIn some anner to r t propertyreclude from being a straight shot ........•• - PAGE 5 - TRANSCRIPT PARK PLACE - DECEMBER b, 1983 .f Do you see a problem from a transportation and engineering standpoint. Rice, ,.•,.. out there is pretty difficult, unless you I would accept Franks ..••••• .••••• judgment, he's much closer to the ....... about the undesirably .••••••••••••••••• I could comment on ......... ... inaudible..... Our primary concern was, I think identical to the City's, that we're concerned that. ...... . ...... 135th, 121st, ... up walnut, disperse traffic through that .............. ina.udible......'......... ••••• •••••• So what. we are trying to do is keep down the volume of traffic throughout any road system itself .inaudible.., .• We have as you'll see in so that 135th.. •.deliberately designed. it straight shot to .inaudible.. Moen, "Mr. Ralph Flower." I signed up on the wrong side. Y have no debate with the man here, I just want to ask a few questions on traffic patterns. . Moen, "Carl Landstrom." 1 signed up on the wrong side also. Moen, "Maybe 'I should ask this. Is there anyone who wishes to speak in favor c of this proposal." Moen, "I guess, we go back to you Mr. Flower." My name is Ralph Flowers, I live at 117th and Gaarde Street, and I have know, shall we say close..•• .•••••••••••••• over the developer here on his putting any buildings, housing for his people, but I am concerned about the way they have laid out the traffic pattern. I was a member of the in several years back when the Ames property and the Edwards property was being approved and annexed and all that stuff. We had a big debate on it, on the roads at that time. It was agreed at that time that there would be no connections at the corner of Gaarde and 121st or on 121st. Through the Edwards property there a big wide street put in primarily for it. This area and the Edwards development- It winds through there, its paved it has its sidewalks and a big wide street, I think it 60 £t. wide and it was put in last spring, they made it a windy road to cut down on through traffic. It runs through the Edwards property now up to the fence and deadends there. Its .•• through the Edwards property, we figured it would take in this uh, well we•'know that was a back door to our property too and there would be no connection to intersection aarder to 121st. .•.•••••s••••••••••••• Did you folks realize that the Gaarde Street and 9947 at is death trap. You have the stoplights down at the end of the ........••°•••• When they have the traffic stopped on 99 they back up past were you coming off Gaarde St. to go north, there backed off that intersection. there is a possibility of two cars sneaking in and parking side by side and waiting until they move out after the light changes. But to do that you have to dodge the traffic coming off McDonald, going gstut on 99. That's not bad, but these people coming north off 99 that wan. o Gaarde Street. They are on sitting there just .....• little rubber thing in the road says stop- Well there could be four, five or six lined up there. Well when they get the brake from these cars coming south on 99 they'll come on PAGE 6 TRANSCRIPT — PARK PLACE .- DECEMBER 6, 1983 right on across, there will be three and four of them come just bumper to t bumper through there, and the guy sitting here on Gaarde St. has no way in the world to; get out _there. If you do your going to get run over, that is one point. The relief;that you go out through this road that I spoke about, its a scottish name (several persons speaking ,same time) if you went that "way or put it out on Bull Mountain Road and there is a light there, that would be 'a little better chance of gettingout with it their scalp. Outside of that, I don't know what in the world 'I can say, but I think it should be given some considerable thought." Moen, "Staff, do you know where, could you show us on a map, where' (tape ended) Moen, "Carl .Landstrom." My;name is Carl Landstrom, I live at 12000 SW Gaarde, and I ..... >.. .. inaudible......... Something to do with his house being 20 ft. from the road. Moen, "Bob Bledsoe, do you have anything to add." Bledsoe, "Wait until the 'cross examination" Moen, "Okay, sure. ,Lou Ane Mortenson." Lou Ane Mortenson, NPO # 3, 11180 SW Fonner. I have a'question for Mr. Miller on the Association <information. Will the Association' have to file with the State of Oregon Public Commissioner '......' record that that Association is in. existence. Miller, "I don't think , its the Public Commissioner, its the Real Estate Commissioner. Mortenson, "Oh, the Real Estate Commission, what happens when the Association no longer continues to keep going, ongoing, ...........people that development. discussion between Mortenson and Miller not transcribable. Miller, .............. but that's not going to happen. If you bought one of these units, for maybe 100,000, and 43 people bought units at 100,000 dollars and, its totally unconceivable to me that 43 people with that kind of an investment wouldn't vote. (further discussion not transcribable) Mortenson, "Also, .......... I see Mr. Rice has left the room and I was kind of having a question on here, as to, they were talking about traffic impacts on 135th and Scholls Ferry and etc. What's going to happen to Pacific Highway? When you get the Scholls connection coming through you ...... indirect. That was the question that I had for, but evidently that . studies ............ Monahan, "Yes, those, it would help to have to better indication from that SW corridor study. Matter of fact we had a meeting yesterday, Frank and I and Tom Brian, talking about the various alternatives for solving some of the problems on 99W, there are many more problems than just where Gaarde comes into 99, and alot of those answers won't come for some time in the next year. PACE 7 - TRANSCRIPT - PARK PLACE DECEMBER 6, 1983 The answers won't come in the next year, but the indication, the data that's necessary to seek some of those solutions. Mortenson, "......... .. ........ per County and City request, "what, . wouldn'tthat put a larger impact onto the Pacific Hwy. area -thus studies are completed. Then its going to show the project that possible should never have been done in the first place." Monahan, "I don't think this small connections does that, no. I think if we were dealing with the entire road through this property up through Mr. Moore's f property, up to Scholls Ferry Rd., then yes. If we were setting in stone what the capacity ,of the roads,going to be and how it was going ;to go, rI would say: j it would be, precluding the options that would come out of that 'study. For this small segment, -I don't think does that." ' k Mortenson, "Possible, thank you.f1 e Commissioner Butler, "...... . questions on' Gaarde Street extension, that is going to be three lanes, right." Skorney, "Two travel lanes and one center turn lane." Butler, "Three lanes " Skorney, Well, Uh, Mr. Rice said, he said it may not be continuous center lane."' € �t Moen, "Judy Fessler." H 1°I just had a few comments and l don't where else' ...... .....'... 4 Moen, 11Go ahead, we've already had this ........... .. .Judy Fessler, "I live at 11180 SW Fanner. Ten or twelve years ago I was transportation chairman for the CPO 4, alot of there road concerns that have cropped up tonight and the other at the other meetings. I guess, to answer Mr. Landstroms question, I believe the right-of-way of Gaarde is E feet. So if he's 20 feet, he'd go on the ...... 3, Frank Currie has told me that its 45 feet, is the t right-of-way, existing. (discussion not transcribable) tr. Fessler, "I would hope that maybe I, there was one question that I had when Mr. Miller was testifying tonight on ............. ..... My question is it a full?" Skorney, "No, the only sidewalks would be on the Park Place project. Fessler, "I'm not speaking of sidewalks, I'm speaking of right of road." • Skorney, "Oh you said full street improvements." Fessler, 1°Half street." PAGE 8 - TRANSCRIPT PARK PLACE - DECEMBER 6, 1983 �' ° Skorney, "T'nat means including sidewalk. What Frank was talking about was upgrading the existing right-of-way, repaving that and" Fessler, "On 121st?1° Skorney, "Yeah, 200 feet in either direction from the intersection". Fessler, "So your not going to exclude, your going to use the 50 foot right-of-way on 121st as Skorney, "Its 45 feet, I'understand (several people taking not transcribable) Skorney, "Whatever the existing right-of-way is, will upgrade to interim standards, which means Fessler,` "Because our house, , I use to live over on 121st was fifty foot right-of-way, by the County, now the County would like change it .to 70, so, 'I just wanted to check. Okay, but I think there should be some recognition as to ............. that house there belongs to Mr. and Mrs. McCain." Skorney, "The-re not going to widen the existing right-of-way for this ' project, no. The existing right-of-way will be upgraded. There will be no condemnation. ' The only improvements will be, full street improvements will be on the applicants property. Fessler, "Okay, will not be on Gaarde." Skorney, "No. Its just that" Fessler, "Ever.10 ° Skorney, "No not ever, but not for this projJect, no." k Fessler, "Because I think Mr. Miller is talking as though there are ..... 3. r Skorney, 11No, just what we've required." Fessler, t1Wili there be one as it comes onto. 121st, because, obviously, most of the right-of-way ............ directly to Gaarde and that seems to be the ......... the County, that's were they like to see it. s Skorney, 17See what?" R Fessler, 11Where the road comes into Gaarde and 121st, how wide is that going to be." ; Skorney, "Okay, this will be," Fessler, 91What's the right-o€-way on that Skorney, 11Gaarde will be 60 foot right-of-way fully improved." ' Fessler, "So your going, yeah, okay. Skorney, "We're going from a 60 to a 40.71 PAGE 9 - T.4ANSCRIPT - PARK PLACE - DECEMBER 6, 1983 F Fessler, 01So your are going to have to ........... . (Several speaking same time not transcribable) Moen, "Question, maybe staff you could, there's been alot of discussion about this improvement, maybe you can show "where it take place, in relationship to this intersection. Skorney, "Okay, It would be the existing right-of-way on 121st and existing right-of-way on Gaarde St. will be improved, 200 feet from this intersection, 200 feet east on Gaarde 200 feet north on 121st.1-' Moen, "On each side." Skorney, "Well, its just uh, paving it, just an'overlay." Moen, "A new overlay on the road and on the park side." Skorney, ; "On this side of the park it will be curbed and sidewalk." Moen, "And that side would be set up at 45, were is that here." Skorney, "Well that would be from centerline, well uh, this would be a sixty foot right-ot-way. so it will`be.. Moen, "On the other side it would be 30 ft. on the otherside you would just have a overlay here. (Skorney,, "Yes.") you don't plan on trying to run 60 foot, ............ . down here, down to this point . ......... to county. Skorney, "No, just for the 30 feet." Butler, "I was just curious how your justifying . .......................... Skorney, "They feel because of the added impact... Butler, "Just that added impact." Skorney, "Yes. The way that Frank has, now the way that that intersection occurs, it wouldn't allow the maximum Fessler, "Are there going to be storm drains and things in there? .........inaudible............. Skorney, "There will be a drainage system proposed for that. (several people talking - inaudible) Fessler, I would like to reiterate one point, which Mr. Flower said, is that can you work ten years ago, people were going through this and at that time both the NPO and the CPO supported that fact that there would be no direct route, in other words, the 135st Street extension, the Murray Road extension or whatever intercept ......... impact ....... to such an extent that's its just going to be horrible. At that time McFarland was the Street that Mr. t( Flowers was saying, was deeded to the City, is of 60 foot right-of--way, it is part of the pian to go through, eventually through ........... property. When she develops that would be continuing, at the time of phase II of Ames property, would go, its also deeded on there plot plans, if you go back there plan . • • PAGE 10 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 t And my question is, here we are back talking abouC' the same thing, there's .. that has started, that is going ,to be paid by the been another •• aid b the developers developers, were ' talking another road that's being P y eo le I think that's want angers the P P ...inaudible... You keep going back to the drawing board, we keep reiterating our feelings, we work within the NPO, we work , planning, we keep I, think that all of us that are within the CPO, we work at both to work here at one time has many many hours defending what we feel in trying we all out a-totalplan ;for the area. ossible we've vAnd hashed out because stillit feell that the County has t realized that its got to d p fact that - not, I don't know what hold they have but I just reQaT� toSeputt the road down there are bound and determined for the last 30 y Gaarde, where there's a cul-de-sac creating at the na wider d of eimage•oflthelroadnk tthate's g the way to suit the project to be a natural look like its going going to ..inaudible`...... .••. I guess we're tired of having to keep defending• it, when we feel through the planning process it ;should help us defend what we have said, maybe three month ago. Why. do we have to keep t coming back ,• I guess that's the concern." (inaudible discussion with Fessler and one of the Commissioners) Road back thirty years Fessler, "If you take the Murray ago, you'll remember z ll r down Gaarde it was when they extended the Dior 99 andd.thenokind ss eofYveerVeacross behind and then ,hit would ho p were Summerfield. Not on Durham, but where Su oelonger� feas' blee gSit by course bit its You see that was a different that keeps been chopped up, but yet, through the plan, there's still In fact Bechtold worked with us on our hanging on. ....`.......• .......inaudible......• transportation and our land use plan years ago. He had f Thank you. Moen "Betty McCain." 90My names is Betty McCain, I live at 13950 SW 121st, I'm directly across from r ll the piece of property in questions. I am the one on the corner. eeFirstof ....... • ais 43 condominiums, I don't think, on nine acres is really what about. Second of all, the road we are talking about putting in,but since whhe at f we are ..•••..• on. I have some questions for Mr. Rice, left. I've been .in the house for almost eight years. In that eight year ; period I have tree outside my fence which has been hit twice. The fence, we t stop putting up, because everytime we it up someone runs through it and my mailbox has been taken out twice. Mailbox sits on one side of the house and the fence and the tree on the other side. If this road goes through: I don't have my acres with me, I did at one time- d ime. Gaarde will come within 11, or excuse me, within four feet of m you to garage came aouttand measure in 11 feet it with mef my tifoyou I invite any of you and all y like and see what we're pi lookitures,Agbut• I Idon'1tt think anyone think anybody's s been really really out there. I .see. your P I have is there and looked at what your talking about. The other thing drainages I had a dry drywell at the corner of my property. A bubbles up in my backyard. That spring starts some starts somewhere spring ert across the street, on that hill. Ones you start messing with All property fr the aster from the corner who knows where that spring is going to go. in my driveway. When the County was out ......>..• last year for ester, they feeded my driveway, because they could see the kind of problem we were PAGE 11 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 A having. Since then we have put in our own drywell, made it extra deep and doubled 'layered to pick up all the dirt and stuff which comes off the road. We; get all that water. We • .inaudible.. . .. We have a definite water problem here. . ............... address thatprobl'em. When we . . have an accident on that corner, we have to wait for Washington County to attend to us. - is not in the City of Tigard. What- happens once that road goes through. Who responds to it. We have`a no 'trucking ordinance on 121st and on Gaarde right now. With a 20,000 GVW, 'yet the County won't come out of services this and Tigard City Police can't handle it, and its a City ordinance. Nobody services that, the trucks still go by. Who's going to service this areaif there's a problem up there. Is it goingto be Washington County or is it going to be Tigard. I don't think we have had any clear definition on that. And I don't really think they can handle it. Last thing that I `have to say .inaudible:: .My heart bleeds for Century 21 because they have a Albatrause. It really does. I can see their problem, they have all that land and they can't build on all of it. But not to the point where'I want to reach .in may pocket and give them some of my land. Thank you. Moen, 11Okay, . I've ;got Mr. and Mrs. Eldon Hodapp, both of you want to speak?'' "My name is Eldon Hodapp, I live on 114th,, 11460 S.W. Gaarde. South side of I've lived`,there` ten years. I've been through this before. I have :a question? You plan ,on widening Gaarde 20 'feet, right.< ............... ...... .I say, if ,you did it would put the street five feet from my front door. Gaarde Street between 117 and 112th is .......... natural springs' in that road. You cannot keep in repair in winter time at all. . It breaks up every year. There's trucks that come down over that hill. Buses and heavy cars, when they hit a bump in the road it shakes every house on the south side of the road because of the natural springs in that area. I've lived there ten 'years and I've had to replace my mailbox nine times. I've had accidents out in front of those house, because people come over that hill there airborne. The county police and the city police will not service Gaarde because half of it is County and half of it is City. No one will protect it. I have an accident out in front house, has I have had nine or ten times, taken out my fence, my trees, call the for the police. The county comes out and the city comes out ....,.... then they both leave and no one gets a ticket, nothing. Ones County and ones City ...m - What I'm saying, if they _ improve Gaarde, widen out in some areas. Right now there a speed limit of 35 miles per hour. I've yet to see a car go 35 miles an hour down Gaarde heading for Pacific Highway. They come over that hill, trucks in the summertime, them cement trucks come over there, there front wheels leave the ground. I stood out front and watched them. Cars ............... on friday nights and saturday nights, there actually............. ........ you can see skid marks on top of the hill where they've hit .........•.... . You can't even back out your driveway, if you improve it your just going to make it must faster and your going to make a dragstrip out there in the City. I'm fully against widening Gaarde at either end. Moen "Lyall Tu.rnball" "Lady's and gentleman, panel, I'm not going to go into a lot of ... want ` these people have said. I have 400 ft. on Gaarde Street and I suppose I have had my fences wiped out about eight times. One time, one of them went 400 feet into my property. That's beside the point. What the only question that I PAGE 12 TRANSCRIPT r PARK PLACE - DECEMBER 6, 1983 would like to way. Is there any members of this panel, and don't answer me ` please, ;just think about it. But live in that area, who will suffer from the impact of this development. Truely, suffer from the impact, like we would. "That's all I have to ask. I'm not going to be a hell raiser tonight. Moen "Is there anyone else who would like to speak in opposition." "I'm is wife." Moen, "Come on down." My name is Judy Hodapp and live at 11460 SW Gaarde. We've lived there ten years and we all have ..........here. And we're concerned about, if you Gaarde now, we have some much traffic on Gaarde that it is trying' to get out of there is hard. we're going to have even more problems than we have. We've picked ,up two little girls off those streets that .have been hit by cars coming over that hill and it is dangerous. If you widen Gaarde and add more people to it now we are really; going to ,have some problems and I would like you to stop and think about that a little bit too." (discussion between Commissioner Edin and Mr. Hodapp inaudible) Moen, "Anyone else wanting to speak in opposition. Okay the next part of the process is cross examination and rebuttal. I think we will take a small brake here about five minutes." Moen, "Does anyone have any questions or rebuttal they would like to make. Bob would you like to make." Bledsoe, "We don't have any cross examination, so it will have to be rebuttal. Concerning what Larry Rice said, you'll notice that he addressed a need for what he would like the direction connection to Gaarde St. ......... He distributed this to .................. not to the 43 units or not even to the 200 units, not even to the area, this back area, which is being served. A collector street would usually serve that, the function ................... Its much better to have offset than to directly connect with it. A functioning arterial calls for a direct connection, where a functioning collector you bring the traffic out to you. ..........inaudible......... I have a question for staff, they would like to see this intersection improved 200 feet in either direction. If this intersection improved would that be a continuous curve along the south side of Gaarde or are you going to make the intersection provide a extension of 121st to the south. ............. Monahan "You haven't seen any pians have you?" I s Skorney "No, no plans for the extension of 121st." i Bledsoe, "You would be the one approving or denying" I Monahan, "Public Works would be approving or denying. Public Works would be working with the applicant to square that away. i ' Bledsoe, "You should remember, but maybe it wasn't drawn out, during the that the other previous .................... strongly opposed the extension of 121st south. They would much rather see a looping curve between i B... .. and Hazeltree, which was very similar to ..................... . PAGE 13 - TRANSCRIPT PARK PLACE DECEMBER 6, 1983 4 1-161 1:1z E Ni Moen, "StaffI have a question along those lines, that maybe you can address. ` On the proposed improvements, is the intersection suppose to be raised up such that Gaarde comes straight through, ' 121st comes down, what about the south part of 121st. Is that being made up into some type of street or is going to basically be a T :there. Monahan, "I'm not quite sure what Mr. Currie intention is. I haven't discuss that, perhaps he has discussed that with the applicant. Has he talked to you at all about that?" Miller, ".................because over lay;on 20 feet of asphalt is one thing two collector traffic lanes 13/14 feet wide plus the continuous 'turn lane of another whatever 13 feet, 'whatever it is, .in my mind 'comes ;up to over 40 feet of pavement and I don't stillunderstandhow its going to get there without taking `someones property and then I 'also had the ,question as to whether or not to be .......... to improve it to .full city standards, as I 'understood it included that, because ..`.......intersection, has not been -discussed and I'm really out on a limb because ... ........ improvement voluntary ...inaudible. . . Monahan, "I think Jeremy came up with probably Franks recommendation." Moen, "Anyone.else wishing to speak under cross examination or rebuttal?" Miller, "I've got a. couple information comments here, in your packet there is a copy of the, copy ownership map, after that intersection and the directly across from street .'............. It is 'plated for a 50 ft. wide street so they have 25 feet on their side' ..... Its twenty feet on our side, and also on Gaarde there is 25 and 20 '.......inaudible. .... 45 feet of -right-of-way existing. Now the 40 ft. on both 121st and Gaarde happen to be past that subdivision. As I said before I really, I really asking for 200 feet improvements from the .. ..... ... I don't think its fair, and I don't think you have any idea at all what your talking about and ... ..... and Mr. Rice talked three traffics lanes .......................of asphalt, and there no way that you can do that .. .......................200 feet each directions improvements to maximum standards might mean you might have to carve the street down 500 feet away, because if you improve .......... to 121st or Gaarde 200 feet full width from either direction, you may as set it for future traffic standard, you may be changing the topography of the grades that are on there. The people here talk about on Gaarde there is a problem that hill people come over ........... obviously that's not safe ........ ........ obvious its going to need to be cut that down so that won't occur. It obvious to me .......... that there's no way that I can do an overlay on 200 feet, without totally throwing my money away. Someones going to come back in a rip it all back out. When then to the permanent roadway improvements on 121st and ` Gaarde and ......... Effecting both the drainage and the spring, there's alot based on ..`...................... and what's happening is that the water is going in and off of .... .and when the city put their water down in there, they started cutting off these springs, as property was developed, as our property is developed, we will be cutting across with the water line, sewer line and storm lines. The sewer lines will be at 22 ft. on our property and ..... .... .. ..... .. . we will be cutting them off. Which will be a problem �in•construction for us, but, inaudible..... ...... .. . . ....and Frank Currie mentioned n•. that ................. to improve the situation or, the intent there was that if there was any problem on Gaarde not to worry, if the drainage needed to be improved that it would be improved ..........inaudible........................ PAGE 14 - TRANSCRIPT - PARK PLACE DECEMBER 6, 1983 Skorney, I wanted to mention that the improvement of 200 feet in either direction, that's a standard condition that is applied to all subdivisions ' „ we don't know how far down the road that Gaarde will there, I mean, Frank ,is, be improved the entire length up to Pacific Highway or 121st, its just to make that intersection safe and to handle the impact of development at that corner. Its just a standard condition, that's always been applied."' z s Miller, "I've been developing here a long time and I've never hit, it before. I _just never hit that, and in this particular case, off 121st, as many people have said, there already .. .. .. ....inaudible.......... If there is Forty feet of asphalt created out there, it is going to end up being a there's no way 'around:it. " Skorney, 11Well all I know is it is the existing, right-of-way, whatever, its 6 were Frank loves to sit down and talk about Miller, 87I'm saying, .•...........•...... I don't understand it ..what I do know of it scares'me. You can go ahead with this .......... condition and the condition turns out to be an impossibility." Skorney, "You and Frank will need to work that out." Moen, "Sir." "The man asked one question." Moen, "Could you identify'yourself for the record." "Yes, Lyall Turnball, I "Live on Gaarde Street. I spoke before. Did not, and I ask this gentleman, did' not the other night a' week ago tonight, Mr. Currie not say, did he not say, that there was nothing they could do on the County side of Gaarde Street, on the Cou-,ty side o£ Gaarde Street. Which the County t? line runs directly down Gaarde Street. Did he not say tha Miller, 11I don't remember him saying the County is, that Turnball, "Did he not say there was nothing the City could do on the County side of Gaarde Street? Monahan, "I think they were talking about police surveillance, I think". Turnball, "Also road improvements, we talked about that". Miller, "I'm not sure that I remember °° Turnball, "At that particular time, are we talking about an LID". Miller, (response inaudible) PAGE 15 TRANSCRIPT PARK PLACE DECEMBER 6, 1983 7 "My name is Ted Dunfill,' I live at 8895 SW`Edgewood. Now, the reason I'm here f is my ..................`. his place is on Gaarde. I 'travel it alot, and I've seen alot of plans with the road and'there' been a lot'of discussion with wants going on with it. Now, you said, stipulate one thing, you are only here to look at this little portion of the project. Okay, then this little 'project opens up the door to future development on the other pieces. To align the road up to 135th and Walnut. (someone commented - inaudible) So that opens up' the door for traffic and also open up the door for, I' mean Gaarde on the other end has to be totally redone. (inaudible comment) It opened the door, right? Isn't that true. ' (inaudible comment) The question to that one to is what does that do with wants going on with the City of Tigard. "Same problem." Dunfill, "So this ;is actually setting the precedent for the rest of them, because its establishing'a road that's going to be two lanes,and a turn lane in the center, totally improved, with no houses facing it. So it ,starts -a collector right there. With no way to jog it,' everybody when they come off 135th from,Walnut` is going to take` that and go straight on to 'Gaarde' Street. There's ` already bus traffic from Tri-Met and all of those create traffic problems. School -buses have problems. This will add to it. You've opened the door. I think ........ 'key situation .. ..... curb that a little bit. I know from my standpoint, when you go over .there,' trying to,get out onto Gaarde now is bad enough, if they widen it. ....... some of the property that there, trying to widen it plus improving ,it, hell, your going to create a bigger hazard for people to get out on the street this long. With the overlay ,on 121st and Gaarde, how thick is that going ,to be. They've been nothing wanting to fix the driveway in my father-in-law's place and its a hassele ' to get out and you really have alot of trouble. Are they going to do the same thing with this? Moen, "........ put into interim street standards. That's want its called, now I'm not sure what .... o •..........inaudible............ ..... (several people talking same time) Turnball, "Well, that's part of the problem is to. The County says what they're looking at is the connection here to eventually going through. And yet they walk out and leave and any questions that people come up with can't be answered. (tape ended) Bledsoe, 11Staff said that making 200 foot extension both directions, is a ......... standard for ............ I would like to know howmanyplaces we're your ........... require 200 feet ...... ..... both directions. Monahan, "The requirement is, the requirement is when someone developments their property that if half street improvements are put in front of those properties, you travel through many neighborhoods here in Tigard, excuse me, you can travel through many neighborhoods here in Tigard and find that there might be one house, for some reason or another, had remodeling done, I guess, and the work is done to widen the road and to put in the storm drainage and put in the sidewalk ......... So I think this grows out of that requirement. y Bledsoe, "Well, I think that he wasn't contesting ........... But what your are talking about it is going 200 feet both directions PAGE 16 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 MIA 7100m�� Skorney, "There's no condition on what the exact length would be, Frank Currie just said 200 feet." Moen, "I think we've .•.• City staff felt the requirement appropriate.1° Bledsoe, "Well he said this was a standard requirement.'..................... Skorney, "Standard is (several people speaking same time inaudible) Moen, "We're going to discuss that issue." y Bledsoe, "As far as the, not to mention the previous roles of i Rose Vista comes Gaarde. Moen, "Anyone else" Betty McCain, "I just have one quick question. I£ the road is widened 200 z feet in each direction on 121st and on Gaarde, there are' four'house affected." d . tOSkorne "No, no, its ' not °suppose to be widened, its the existing` Y right-of-way. "Moen, "Overlays to be put on the existing 'right-of-way. McCain, "Fine, in some cases, you will be violating County or City setback ordinances, in that case, once those ordinances are violated, who is it that 1, will be buying ;those properties." i k Skorney, "No, the existing, the right of way is owned, that is not the r` McCain, "The right-of-way and the setbacks are two different things and they 3 conflict with one another." Monahan, "I don't really think there's an answer to that, I think the conflict is where the houses is situated and were the eventual right-of-way went. I think the conflict isfromthe house to the right-of-way, not the, the problem, what isn't being created now, the problem already exists." ?' McCain, "What's the setback is violated, then what happens." x Monahan, 1°But the setback isn't violated, most likely. The fact that it was r, setback now." McCain, "No, no, no, on one side of my house the setback will be violated ifs,. it goes from 40 to 50 or 60." � Moen, "Yes, that the whole point, at this, what do you propose right now, would not change that, it would not change that?" On your side of the property= "My driveway, after 18 years of ....... its like this, and I would invite any of you to have a compact car to come down and have coffee with me so you can replace your muffler." PAGE 17 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 Moen, "Let me ask the Commissioners, do you have any questions at this time?" Edin, ". ....Mrs. McCain,..••• did you hear the answer Mr. Miller gave for what he plans to do with water drainage?" McCain, "Basically, but you see, what I said earlier was I have a dry drywell in the front of my property. The streams are suppose to feed into that drywell, they don't. So I'm not sure that what he is proposing up there will handle the ;job either. I'm' sure that those springs change direction underground from year to year." "Ellin, "I guess I would respond in that none of us here .. . engineers; $ we rely on`staff, and the standard procedure, is those kind of have to be reviewed by the Public Works. They see every little detail. I guess what I"would= say'to you, I'm convenienced that issue will be reviewed by the Public Works. I appreciate some of your concerns, but I' think it be .............. Commissioner Owens,' "Will surface waters be less also, because I think she's concerned with surface waters as well as underground springs." Edin, " didn't address that, they will have to put sewers along the front of there property and it is intended to go into the existing pipe system, which;will be cleaned out Moen, "I have a question for the applicant. On the private streets how, first of all, you talk (about parking only on one, side of the street, you mentioned briefly 'something about the City police having access to that or enforcing that. Number two, I would like to know, who's going to do the maintenance on that street and why that, and how the City can be assured that that would be maintained properly, so that safety vehicles and so on can, other public vehicles can have access to the." Miller, '"••. •• . a bit of a problem what you have is a situation, says how can you enforce someone to maintain a driveway, the driveway is going to be maintained by the people, because they are want to maintain their investment when they want to resale their houses. If they don't maintain that investment they won't be able to maintain the value of their home. The Home Owners Association will have the right to and the obligation to maintain that. There could be •.•• p • who may not wish to participate in the Associate and•you may have to force them to pay them. But that's, usually the result ............. They have a legal obligation to do that." question (inaudible) Miller, "I'm not sure that it is a problem. They are several things here that are being asked of us that are not ...... cross the City. No other condominium, no other apartment, no other commercial parking lot or driveway that I know of in Tigard has been asked to the City to have the authority to come on their property to enforce traffic. We are trying to work with staff, we have no objections to this, its just that we're the first ones this is being asked of, We will be glad to cooperate with the City in any way it of the City. This is not our request, we do not Possible, we do not ask ask that the City come on and enforce our traffic." PAGE 18 TRANSCRIPT PARK PLACE DECEMBER 6, 1983 Owens, "I do have a couple of ;questions of the applicant. I'm'interested in why you presented this with these kind of roads through here, 'rather than standard streets, through the development." Miller, "...... 60 foot' wide collector streetwith an additional setback; takes a tremendous amount of land .......r.. . The land to the 'south is only 300 feet wide':............ ...... in order to try utilize the land at all, we got to get away, this is a collector street ................ ........... one is the standardsubdivision and 50 ft. wide streets and 100 ft. diameter f cul-de-sac, which is within the 300 ft. wide width that we have would be impossible. Because we 'take 60 or '70 feet out before this . ...... and then ` try to compose that ...... ....... 100 ft. diameter radius and then try to get and 90 ft. on the end of it, which physically impossible on this property. In order to accommodate this street, where it meets ...............inaudible... nonaccesible from the street.. .local streets off of there, you ended up with the situation that the only 'way your going to preserve anything at all, without covering the whole site with asphalt is to make it a . private drive • .inaudible.. • We're afraid.of the effects of a colelector. street, sjust likethe rest � rest' of the people ............ We ended up with a planned development as being the only way to go.. .inaudible). Owens, "If we approve this tonight, how will you address the issue of, the discrepancy between ,the total number of units that you and staff have fiqured out that can be put on there versus the number that are being required. Which is: 215, with no ................... phase II, sensitive, some can be transferred.. Skorney, "Well basically ....... calculation we.made `just for our conceptual`, entire planned development, whether than is really remains to be 'seen` when he comes in with the preliminary plat. Its just sort of a overall calculation, really has no bearing on the Phase I preliminary plat_" Owens, "As I understand it, as I read this request quote, it, Oh I'm sorry, I thought it said ............... ...................... .......... ........... .... Moen, "Close the public hearing. Commissioners its time for discussion. We'll start with Commissioner Owens." Owens, "Okay, I've tried to get some thoughts and some organization down on some of the issue. Because this particular piece of property location ................ ........ possible major connector through there and .... I feel that its easy to loose site of the .... ..... . The roadsituationdoes have a bearing on it, it is not the main thing that we are being present with. I think that the fact that there will be road impacts from increased development. There's been opposition as to a connection between Murray and Pacific and there concerns about safety of children and peoples homes. There's another way to look at the improvements that could occur along Gaarde and 121st and has to be increased flow patterns, it can actually result in safer situation rather than a worse situation. It's been known for at least seven years that 121st and Gaarde, traffic flow will continue to increase steadily to the year 2000 and beyond and that is going to occur whether this situation ,is developed or not. The development is taking place in Beaverton, its taking place in Aloha, its taking place in ..... PAGE 19 - TRANSCRIPT - PARK PLACE DECEMBER 6, 1983 and Scholls, its taking place in all the areas between Tigard and Hillsboro and-that -traffic is flowing through the area and it will continue to and its going to increase. For us to say , in here that we don't want a development . because this development can impact 121st and Gaarde is shortsighted. I can appreciate the concerns of the immediate neighbors, and the frustrations that have been faced, with' the" fences and trees being hit. But those problems were x existing before this was every brought ,before us. Also, I say this again, and h its not comical when I say it, but when somebody buys a house in the area, whether its a lot of open; undevelopment lend, that you can either find out wants going to happen to that land at some point in the future or you can pretend that its always going; to stay the same and be frustrated with That's all I have to say. Butler, "I just have' a few concerns that I would like 'answers on. I've never seen maintenance overlay like they have requested on this development: But then I'm new to this. Another concern is ••• and storm water disposition. There's a wetland area there, ;but we didn't get enough plans to = _ see what-.....:.... storm water 'coming out of that development. it might not create a`problem somewhere down the stream i n a house or a yard. was experiencing Gaarde and Pacific Hwy- intersection' and other ;people have too and I'm 'wondering Fahy that maybe wasn't- address and part of; this development. Not ,phase I but definitely 'Phase II. Signalization of that intersection. That's all 'I have. Moen, "'Commissioner Edin." Edin, "Well, I do have some concerns. I guess first of all I made some notes as to I`would' like to see the staff's conditions changed. Let me start with those. Condition number five, address the question, what ,kind of improvement on the opposite side of the development. I would like to put in change favor <.,,.rd after the word improve. I would insert the words to interim City.•standards, the existing right-of-way, so we would definitely define That my concern, I could not support full street improvements on both side. Another one I would have to encourage us to limit this to conceptual and detailed review of Phase I only and not conceptual of Phase II. Now, I would suggest that we recommend to City Council to consider approving the City Police to enter the private streets and enforce the parking restrictions. Those were the specific things that I had. Now a couple of questions. First one, item number 12 from staff; can you• explain to me why the additional five feet of setback over and above the . I was unclear as to what ....... Skorney, "That was the County's requirement. The County and the City, Frank Currie and Larry Rice agreed to that." Edin, "Okay, the reason is to give that extra wide, (in audible comment) I guess, I'm wrestling with that, with that whole issue. And I guess I'm wrestling, I understand that our Public Works and the County's Public Works have agreed, I think, planning staff supports that." Monahan, "I think the issue is the Urban Planning Area Agreement that I think ( our standards were a little different from there standard as to what the right-of-way should be. I think the County's is 70 and our is 60." PAGE 20 - TRANSCRIPT PARK. PLACE DECEMBER 6, 1983 Edin', Do I take that really that this bodies hands are tied in terms of having to accept 70 foot wide." Skorney, "It's still- a sixty foot right-of-way. That was just an additional five feet of setback." ' d . Monahan, "Wasn't the County's 70 foot." t Skorney, "That was for an arterial street." ! i, Edin, "What your saying is those properties got, to set back 25 feet instead e of 20, now is the .... • .... .. Okay, again because of the arterial. Then, let me rephrase the question. Have we no discretion in this issue on about i how wide the street will be, or do with have some discretion?" { Monahan, "I don't think you do have any discretion, because this body doesn't' have the authority to violate the Urban Planning Area Agreement, and the Urban E Planning Area Agreement says that we won't preclude any options at this time. r ; The present language of that agreement that runs until the end of December is such that this is want the County wants today. We're''talking about revising that language, 'so that we can get the Council to buy off on the Urban Planning X Area Agreement to extend it beyond December and its possible that this 70 ft.' right-of-way might not be necessary after we revise the, or rather this 70 foot wide swath may not be necessary after we revise the language. Because this Urban Planning Area ,Agreement was written when the County original wanted an arterial. Now they've backed off from the arterial. So perhaps the '70 ft. is a mute point. But its not mute` until either the Urban Planning Area Agreement stops or is modified." Edin, "So, really, if anybody has the authority to make that change, it would be Council." r Monahan, "Yes.11 k Edin, "Then I guess I'm down to the real issue, that is the location of that street. I have been wrestling with that at every since having attended that town hall meeting addressing how to handle this. I'm not, if fact I am afraid f like the residents are, that if we alignment the way staff wants its and the County. We are opening it up for a straight shot and that bothers me. � Because I see no conditions, nothing there that deters it. On the other hand, I am convenienced that putting the T in on 121st, is perhaps not the safest position. So I've been wrestling with how about putting a T in on the other end of Phase I and going up there and in effect stopping it, not with a g. cul-de-sac, but by the effect of forcing traffic to go right or left at Phase ' II. I would through that out to Commissioners and staff to respond on as a . way of detering that straight shot and still getting the street construction that is more profitable. If we can somehow design in Phase I the ability to , keep it from continuing on as a straight shot, but to force traffic to go right or left. Then I think we've accomplished the spirit of want I agree with Council saying that indirect connection, what I believe I hear the neighbors talking about and at the same time taking care of the engineering problem, I think ....... .......•... . So I would through that out for some consideration to the rest of theCommissioners." Moen, " Commissioner Vanderwood." PAGE 21 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 Elam Vanderwood, "I would agree with Commissioner Edin regarding the .. • I have some concerns about number five the 200 ,foots , I have to agree with Commissioner Butler, I've never 'seen this before and I'm not sure I ' understand why they have it. I`don't- staff seems to be able to explain why they have it has a condition, Edin, "May I respond there a little, as I understood it from listening o the town hall meetings, that 'there is a problem with the actual topography and the there- on the corner and if there-going to put in their banking of the road, of the road may be higher or lower, is that half of the road the other half not correct-" you can't design for ;the year 2000 traffic Puller, "Yes. In my opinion standards of any kind by putting a piece of that road in for 200 feet in either direction. You are going to create further down Gaarde. You won't effect 121st so bad, because 200 feet from the intersection really de is doesn't even cover our entire frontage. That is prettyorwali nmentell � far `enough the real `problem, you can't project tos be et ••• And banking it or down there to know if its going improvement, creating anything right now creating that improvement, as I said before i going to create another traffic pattern. People are going to speed up on that 400 foot improved section, people are going to its going to get worse and your aren't going to have done anything, offered anything for these someone you have just merely ;,created a two ,block long speedway your•going•to.have worse problems than what you have now. _ Skorney, "Bob, Z think Frank was talking about eliminating_that banking, just to make that intersection safer, eliminate the banking and sort of reconstruct that intersection-" Moen, The point is is that you can't go a half of a street there and hook up to wants on the other half right now." Miller, "A week ago on 121st and Gaarde." "A ..... .you can do a, you can't change that intersection, your are Miller, ing down Gaarde, your going maintain 35 mile an stuck with a 8 1/2 o grade com hour speed, you can't take that grade out of it. So coming down 121st, you up with that bank no matter what you do. Your going to are going to make have, when you bring 121st into a street that's coming down a 8 1/2 % grade your going to have, in order to get that corner, you going to have to bans: the traffic lane up to it. And by, what I'm saying is that on our side of the street, is that its easy to do is a half street improvement. Our street and our half of the improvement is easy do. We were getting about the centerline to the centerline, The other side of the street is where the problem is going to be on 121st on both side of the street there's going to be a ' its not the 200 feet improvement, its what happens problem on Gaarde. afterwards. You get up to 50 miles on the first 200 feet you can kiss those ... goodbye coming over that hump ................ Vanderweod, "I still have a problem, I tend to agree to improve it for 200 feet is going to increase the speed,• during that period. I've seen on other streets were they've done overlay and had a lousy street ,,,,,, that they go faster than they have before, and the roads not going to be wider •••••••• I' don't think that it will work, so I have { real problem with that, PAGE 22 - TRAPISCRiPT _ PAP.E PLACE. - DECEMBER 6, 1983 a Moen, "I guess' I would like to make just one comment, I think we haven't had alot of phased developments on here for quite awhile. .........inaudible...' Edin, "If I could just comment, I do think, in that respect that we do need to look at the fact that this is only the start that there is going to be considerable more traffic coming out of that in the future and in Phase II we go back and tear up the intersection and build it again. I don't think that's (several people talking same time. Vanderwood, "I don't know what the answer to it but Moen, "Okay, Commissioner Fyre." Okay, my the major Fyne, " concern that I have with this is the traffic pattern now. •••••�•• all those cars having a direct shot onto Gaarde. That's bothered me for some time now. I like the idea of having a lot off set connection .... to 121st as the alternate plan had shown. In think about it, perhaps that would not distract from the roadway cars that would go onto Gaarde, because cars 'would, perhaps go that direction anyway. So what I though was, as "a solution is only part of a' solution. I do like the idea of 'having it offset. All the;plans that I have been involved with call for, if there was to be a connection at Gaarde, would be the direct connection. Commissioner Edin came up' with-a good idea, that perhaps having the T 'on the other side of the property, so you wouldn't have it, on a` 121st because as Frank Currie pointed out if you` T into 121st its curved there and it might be more dangerous. Some other things that ,may perhaps be more ...•• Gaarde street, perhaps somewhere between 121st and 94 stop- signs could be put in. That ... an -intersection there at on 115th, perhaps a stop sign there would help that situation. My other concern is that this is a 'awful lot of is zoned single family housing to the southisR-20, density in an area which across the street its R-7, and that bothers me. I'm not sure what I ran to about it, other than to vote for a denial on plan_ and I'm not quite ready to do that, because it does fall within the guidelines, so, that is my position, I will strongly, I will support this proposal unless comes, unless we can motion that address an indirect connection. Either at 121st or across ...... where Commissioner Edin was talking about. That all." Moen, "Commissioner Leverett." Leverett, "We41, ........ to much, concerning item number 5, why its 200 feet, it seems to me what we have is just a engineering problem down here and I don't think that the 200 feet, that's not worded very well, but it just has to be engineered regarding 121st and that should be looked at with Mr. Currie and the developer. And I, just .........a number like that in there, seem to me, an undue burden,. I think. •.•••.•,.e.••..•.•..• .. ..... As far as alternative I, either one are to good of alocation, "I have no idea of a solution. I guess I would recommend the one by staff. I don't have any problems with density. Basically those are my only comments." " PAGE 23 TRAUSCRIPT PARK PLACE DECEMBER 6, 1983 Moen, "Okay, I guess its my turn. I'll try to be brief as the hours is approaching 111 here and. First off, I would like to make one overall comment. ; The issue-in this subdivision is, does, this development has really become an issue of where to we put Gaarde Street and how do we hook it up. And one thing that we have failed to'address, almost completely, is how dense is the development. .................. The development itself that... how would you ''put a big street through it. I don't know, I thinksthat's unfortunate, because'I think our primary mission here involves the, the street is certainly an issue and its a very big ,and important issue because if its overclouded the real discussionthat I think should take place. Since the street has been discussed so much, I guess I ought to make my comments, my feelings know on it.; I'm in favor of, the proposal as staff has put it it, as far as a connection ,to Gaarde at the bottom and straight shot off the top. It make the most senseatthis point. I think that the, making it an indirect connection is going to be better done, further upstream than at: this point, that trying to put a T in or something at the top, there two problems. One is I don't think that we should "try to design that T at the top without some input of the engineering folks,' . ............. possible and appropriate. So that it can be done -right- there, maybe place but I don't think that can be property addressed with the information we have here in hand. I think that a T on 121st is particular; unfortunate, because I think that the traffic coming off this development and the developments in this immediate area would not be very well served by that. And I think that the traffic `is going to come down Gaarde' in any case. There nothing to stop the traffic, the people are going ;to make the same decision they would have made otherwise. If there is a problem in terms of speed, ,speed scan and should be enforced in those areas. I don't think that's something we can address here, probably would be best addressed if maybe the City of Tigard had jurisdiction of; both side of Gaarde down there, I don't know. Okay, as far as the 200 feet I"think its appropriate that this intersection when its constructed that its constructed in such a way that it works. I think that building only half of it is not going to make it work, and I think that's what staff is trying to g g he 200 feet is the number that staff, that Mr. address here and the fact that t Currie and the Public Works, I assume picked 200 feet for a reason and I think its appropriate that something be done there and if the number they think is appropriate is 200 feet, then I support that. One other thing that hasn't been discussed here, is this concept of private streets. I have one question for the developer. Are these streets as it goes around here, are you planning on having any sidewalks on them. Miller, "...•••••.,. walkway, 24 foot wide paved parking, along a adequate .space for walking on the right-of-way, ........... traffic, its that. A walking and pathway system will be looked at going to be able carry in the site development. Moen, "Your intending on having a walking pathway apart from the street now. " .inaudible.. Miller, ., ......91 Moen, "I guess my feelings are that, I think private drives are out of place, I think they have a place where there's a small development, small parcel that needs developing, that the only way the road adequately services the private drive. I think there are problems with private drives, from the standpoint of You put in the private drives after a few years it goes downhill, PAGE 24 -- TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 your people on your side of the street have, don't have the funds right now to put ;in to',pave the driveway and •you-want to pave yours, what do you do? I think that's, I've heard, just had input from that, from someone who lives on a private drive and has that kind of a problem. I think its inappropriate to ; put private drives on an area this large. I think the developer has the ' ability to put more phases on a pieces of and its a good idea, but I don't think its =appropriate for this big of a development. I think it restricts }' fire access, I `don't think its practical to have all these one way streets going through an area like that that are narrow and I think, and I 'am worried about the, I think there is a reason why we have public streets that have t sidewalks on or both side and we didn't just invent that for no reason, I think there's places to make exceptiontoit, I just question whether this is it. I .............. that feeling that I :feel that we are at a point here P where we could make a decision on the Gaarde Street placement. There :some dispute, but I think before the end of the day we might come up with something. ............ with the development. So, any comments from any other Commissioners." ` Owens, "Well, I would like say I support your comments on the streets. What kinds of comments did you make about the, regarding the density? You indicated that you felt that there was something there needed to be some discussion about . Moen, "Well, I think, if we redid this thing and put in regular streets you would come up with a different density, but we're not here to redesign this." (several people speaking same time inaudible) 4 Moen, "We've got conceptual and detailed plan approval. Is it possible for us to approve. ...... .... ........................ is it possible for us to Approve a conceptual plan with some direction to the applicant to come back to us with a detailed plan with streets that are, which we perceive to be" Skorney, "I think that, as I understand the detailed stage, that he doesn't have that for phase II, so we can definitely give him direction on phase II for detailed plan approval, yes. For conceptual yes." (several people speaking same time inaudible) Edin, "There's a question in, a motion to approve, deny or change or a motion on a specific thing. I really don't understand you question." Moen, (inaudible) Edict, "I would be prepared to make a motion." Gest it off dead center anyway. Moen, (inaudible - someone coughing excessively) PAGE 25 TRANSCRIPT - PARK PLACE DECEMBER 6, 1983 '.: Edin, " I would move that we approve the with condition the applicants } request for conceptual and detailed planned development for Phase I. With the following, addition or corrections to staff's conditions. That first conditions would be that the Gaarde Street be extended as shown on the plan an additional feet northwest from where it deadends now. With other proposed streets constructed, to form a "T" intersection at that spot. Now I'll just give assumption. if you look on your map if you go approximately northwest you will see where ........... another street coming in there. At the town hall meeting we discussed the fact that that was a possibility of a street ....... .... turn that street to he left. I feed like there's some engineering .bases for that motion. (several, people speaking - inaudible) Edin "I'm suggesting going down ........• and having Gaarde deadend. ..... ,, ,,,, ,,,,,,,,,,,,,,, the County and the City staff have behind it. Then there mould be a ,"T" formed at the deadend. That still gives all concerned an opportunity to and come out the other end. ........ .... ..inaudible..................... I would like to recommend to Council to authorize the police to go in an enforce parking. Should that be a condition or 'should that be aside motion. ' Monahan, "I think it should be'a side motion.1° Edin, "I'll leave that one out. And I would leave' in my motion the item number five, I` concur that straightening out that intersection (tape ended) Moen, "We have a motion, do I hear a second," Owens, "Seconds' (discussion ... .inaudible... ....... Moen, "Any .further discussion. Good, call for the questions. All those in favor of the motion made a seconded signify by saying aye." Edin and Owens, "Aye." Moen, Butler, Vanderwood, F'yre, Leverett, "No." .......inaudible........ Butler, "On the density calculations, it looked like to me they didn't subtract the land for the public 'right-of-ways, the private street ............ density calculation ........• Skorney, "No, that was subtracted." Butler, "That was subtracted." 9korney, "Yes.' Butler, "I don't believe that." PAGE 26 TRANSCRIPT PARK PLACE - DECEMBER 6, 1983 sm Skorney, "That's what the applicant has so stated." Butler, "But, 9.46 and I take . subtract for single family public facilities, then subtract streets." Skorney, 01Well, the calculation that I made, going back to the staff report, I"used-the fact that for a density for a R'.7 or for which is now R' 4.5." Butler, You didn't .inaudible., Skorney, "Well, I used the density ,at 4.5 is has factor out the, factors out the streets." Butler, "According to this your suppose to have ..........inaudible......... (discussion regarding calculations of density - inaudible) j Skorney', "I made the calculation for the entire .................`..... Monahan, "I 'think the reason for this, as the applicant pointed out earlier, and I think that the reason why its all one detailed plan, because he's taken credit for this open space for the entire parcel, not just phase II and Phase III, but Phase I, ;II and III. That's why part of the density transfer would be applied to. Discussion ........ inaudible............. Monahan, "I 'take issue with that, I think we incorrect there." Moen, "................ but I do not question the concept of which would certain should improve the Phase II as part of locked that parcel into a ......... ..... ..... later on..... .......... I would think that .>... possibility that ...., open space could disappear under someone elses ownershirv. ..... Is is possible ...... just approve phase I and then ................ Monahan, "I think that's why it was all presented as one, so that we would lock it up and so we would be able to take the density transfer." (several people speaking - inaudible) Owens, But, I'm thinking now, if we approve the density transfer which would include Phase II, then have some sort of situation arise where, perhaps Phase II did not occur for a long period of time, that there could be perhaps a change of hands .......... then we could possible down the road, ........ face a problem here, somebody different may come in later and answer for a density transfer within that second phase and someone will forget that that has already occurred. You see what I'm saying. I'm making a hypothetical situation. Because I recall. ....................... it was something that had been cross. Moen, "Maybe I should a question of staff that has a bearing on this. How much ,of the quote unquote, density transfer, on the open space has been transferred into Phase I. " Monahan, "Very little, five units on nine acres, that's very little. PAGE 27 TRANSCRIPT -- PARK PLACE DECEMBER 6, 1983 < a t Moen, "You've got five units out of 'a total 43, so without that you've got 38. How much .............. would that open space be. Monahan, "Well we've got 12.58 acres, that we transfer the density of 25% of that. So that's four or more units to the acres, Steve, so roughly 50 unit, 1/4 of ... 12 I/2 acres round about." "You've of roughly 25 percent of that is about a Moen, You ve got 12 1/2 acres, you y g g y little over 30 acres, so you've got a potential for 12, let say 13 units.'' S (several people speaking - inaudible z Butler, "What was the final computation .............. ....... Moen, .inaudible.. Butler, "I'll make a motion then. I motion that we deny Planned Development S 8-83 PD, Park Place." Fyre, "Second." Moen, "Do youhavesome comments as to reason for you motion to deny." Butler, "Well, at this ,point, ....... approval of Phase I, I can only ...... density is to -high for what they are requesting. That's the only thing." (t. Miller, "Our request if for 43 unit on 47.8 acres on six lots, there's no density'problem on 43 units. There is only a density -problem if we come back to you with a request, six month a year, two years to resubdivide and add more urtits.. Right now are request is for 43 units. on 47.8 acres." (discussion - inaudible) Moen, "Staff you want to comment on that." Monahan, "I think that conceivable you can make a decision based on that if you like. I think if that's the case. Bob's saying 43 units and that might be it, then I think we have to add in the factor that we need the dedication of all the open space right now too. We looked at it from the phased. Miller - ...........•••• we have no problem with, and that's exactly what this request is, making a lot a platted lot ....... open space to the Home Owners Association in Phase I. Butler, "If we approve this whole thing, knowing that ............. Miller, "True, but we still can't put any house on it or do anything without a permit or your approval to do anything." discussion - inaudible k Moen, "So we have a motion for denial and a second." discussion - inaudible PAGE 28 - TRANSCRIPT - PARK PLACE - DECEMBER 5, 1983 Moen, 1.......`........... With that, I guess I'll call for the question. All those in favor of the motion for denial signify by say; aye. Any opposed. Vanderwood, "Aye." Butler "Aye.° Moen "No." Owens "No." (clarified 1-30-84, this was suppose to be an aye vote) Edin "No." Leverett "No." t Fyre "Aye. Secretary, Four ayes, and three no's ; Moen, "I guess the Ayes have it. Motion carries, the application is denied." ' Monahan, "And the findings." Moen, "The findings, Mr. Butler made the motion." Butler, "With the informationwe had I couldn't see approving one . with the density transfer, without 'see the whole conceptual plan. We were told first, that we were just 'looking at Phase I and not the rest of the property, then all of sudden we're looking at the whole property. Monahan, ` "So what is the finding? Inadequate information? Butler, It is ;inaccurate and incomplete. And additional concern ... Monahan, "It has to be more specific than that." r r several speaking- inaudible Moen, "I think what your saying is that, we want to make this clear, is that the density transfer to a small part of Phase I, without seeing Phase II and III plat .... r f Butler, "I felt that it was inappropriate, especially when we were told we were just considering Phase I, separate from rest. The numbers said we were k considering the whole thing, but then we were told we just considering only a j small part of it." Vanderwood, "Perhaps it would be helpful to us, if we could see calculations ............... with these density.............. I know it would help me alot. t Monahan, "Okay, we'll take that to mind. Now the finding that I have are, inaccurate and incomplete information, private streets were inappropriate and density transfer to phase I was inappropriate?" r Moen, "Inappropriate without the seeing the plots for Phase (Monahan, "The plats1 ) plats. Conceptual plats, we don't have anything...... Monahan, "Anything else.11 Moen, I think that's it. PAGE 29 - TRANSCRIPT - PARK PLACE - DECEMBER 6, 1983 f l ITEM TO BE HP,AID CARRIED The Council has requested a verbatim typed transcript of the hearings on the Park Place/Bechtold: Appeal. The transcript is being prepared and will- be hand carried to ycu on Saturday, January 28th. ' Thank you for your patience in this matter. lir/1184A i x h r7- •-- CITY OF TIGARD,_OREGON COUNCIL AGENDA ITEM SUMMARY 6 AGENDA OF: Januar 30 1984 AGENDA ITEM # PREVIOUS ACTION: Denial PEanninf by x DATE SUBMITTED: 1-26-84 µ Commission December 6,_1AR� " ' ISSUE/AGENDA TITLE: Park Place 1 REQUESTED BY: Century 21 Homed deal S 8-83 PD /X CITY ADMINISTRATOR: DEPARTMENT HEAD OK:' -- -- -- INFOF,,ATION SUMMARY •; the Planning Commission on December 6, 1983, The denial of Subdivision S 8_83PD at has been appealed by the applicant, Century 21 Homes. Copies of several documents ' nd December Planning Commission meetings are including minutes from the November a aff has also written a memo to clarify some issues raised at the attached. St .., Commission. 1 Copies of the audio tapes for the two meetings were supplied to the Council at an lement the _tapes is being prepared. It will earlier date. A transcript to supptt,, be delivered on Saturday, January 28, 1984. 1 t : ALTERNATIVES CONSIDERED The Council may uphold the PlanningCommission action or vote to accept the appeal. ! SUGGESTED ACTION decision Staff suggest that the City Council conduct the appeal hearing and base its _ on the testimony given. e MEMORANDUM t JANUARY 26, 1984` TO: City Council WASHINGTON COUNTY,OREGON FROM: Steve Skorney, Assistant Planner. SUBJECT: Park Place Development Appeal S' 8-83 PD The Planning; staff has reviewed the Planning Commission's findings concerning the denial of S 8-83 PD. The Planning ,Staff feelsthat, the application was complete. The Planning Commission based their denial on the following findings: 1. DENY DENSITY TRANSFER TO PHASE l BECAUSE THERE WAS NO, SITE 'PLAN FOR PHASE II. The issue of the density transfer was cited as a reason for denying the planned development ,'application. The Planning ;Commission was concerned with (a) the appropriate number of dwelling units that could be transferred from the unbuildable land in Phase II of the project to Phase I; (b) the possible duplicative transfer ofdwelling units from the `same unbuildable land to buildable land in Phase II of the project; and (c) the lack of :a site plan for Phase II. a. The Community Development Code states that 25% of the number of units which could be accommodated on undevelopable land may be transferred and placed on developable land. However, the transfer of the density shall be limited by 125% of the top of the range of the ' residential plan classification on the developable portions of the site. Phase I of the site covers approximately 8.50 acres (tax lot 401 - 7.78 acres and a portion of tax lot 1400 - .72 acres). The site is zoned R-4.5; which means a net density (subtracting 20% of an acre for public facilities) of 4.5 dwelling units per acre. Phase I is allowed to accommodate 38 dwelling units -(8.50 acres x 4.5) without the density transfer. There are_ five" acres of unbuildable land within Phase II (land with slopes greater than 25%). The applicant proposes to take credit for the maximum density transfer allowable from the five ` acres, 5 units, to Phase I. Please note in the new Development Code there is no provision for density bonuses for dedication of land. 12755 S.V,4 AGH P.O.BOX 23397 TIGARD,09EGON 97223 PH:639-x.171 k b. The Planning Commission was concerned that the undevelopable land in Phase II would be used for more than one ,density transfer. - The Code does not allow this practice. This fear can be eliminated by conditioning approval of Phase I to not allow any further use of density transfers for additional phases on the { site. l c. The applicant requested conceptual and detailed planned development approval, and preliminary plat approval for Phase I of their project. The Code does not state that in order to transfer density, the unbuildable land must be part of the phase seeking planned development approval. The Planning Commission did not have the authority to require submission of "plans illustrating the siting of dwelling units in phases that are not 3 contained in the application. This should not have been considered when the Commission took action-on the application. r_E 2. PRIVATE STREETS ARE INAPPROPRIATE. The Development Code allows the use of private streets within planned i developments. The design standards, though, _must be established by s , the City ;Engineer. The City requires legal assurances for the maintenance of private streets such as a'bonded maintenance agreement and the creation of a homeowners association. It should be noted that the applicant, Century 21 Homes, Inc. t received approval from the Planning Commission on May 3, 1983' for a E subdivision (London Square, ; 11900 S.W. 98th Avenue) with private � streets. The applicant is proposing the same private street plan for Phase I of the Park Place project. The Engineering Division approved the concept of the 24' wide private streets. The Tualatin Fire District approved the private street plan with the condition that parking be allowed on one side of the streets, if traffic is one—way. The enforcement of the parking restriction was not foreseen as being a problem. The applicant stated that the Homeowners Associate would handle the violations as any owners of private streets do now in the City of Tigard. 3. INCOMPLETE AND INACCURATE INFORMATION. The Planning staff concludes that the applicant is correct when stating that the finding of incomplete and inaccurate information is not a basis for denial. Specific factual findings in support of a decision are essential. If the Commission felt that insufficient information was submitted for the Commission to make a decision, the Commission had the option of postponing their decision until the missing information was supplied. (sS:pm/0298P) rM t ENTER THE WORLD OF CENTURY 21 PROPERTIES i)ecember 22, 198) Tigard City Council City of Tigard , Oregor City Hall P.O. Box 23397 _ Tigard, Oregon,9722 Dear Councilmembers: Re : PARK PLACE Planned Development S 8-83 PD Please considertnis as our appeal of the Planning Commission decisior. � of December 6, 1983 to deny this development. Century 21 Properties I j is the applicant for the subject development. ; t ' we specif i call] object to the findi-ngs in the denial . A motion to deny was made, seconded and voted on without findings. Findings were made by informal suggesstion by individual commission members after j # . the vote to deny was carried by a four to three vote. Moreover;, the , findings were not substantiated by; any appreciable testimony during . the public` hearings, thereby eliminating any opportunity for us to speak to the alleged shortcomings. The findings state : 1 . Incomplete and inaccurate information. 2 . Private Streets inappropriate 3. Deny (Density) transfer to Phase l was inappropriate without see (seeing) the plats (for possible future Phases 11 or 111) . —s This development was originally scheduled to be heard on Sept 13, 1983. ' On Sept 8, planning staff delayed the project until additional information could be gathered. Subsequent meetings defined a suffic- iency of detail to meet staff's approval and the project was rescheduled. c b The Planning Commission did not request additional information nor was there testimony that information presented was either incomplete or inaccurate. F No testlmonj% was presentee+ t`.lat P7'1 F 51,reets are, lnappropr'ate . Testimony was presented that they we .e : .ecif.Lcall, appropriate ,,, t"lis project. „ , i Density Transfer is inappropriate as a finding because the application is for 43 units on 47.80 acres. Density Transfer will only be a concern if additional units are requested on any possible future applications. We respectfully request to be placed or, the earliest, possible Council I adjenda• very truly. Robert N. Miller Vice President CENTURY 21 HOMES 7412 S.W.BeavC-U)n lidkdabe Hwv..Sucre 112 Pwlland.O•egon 9722b 15031 297 149:1 {Fy n Y ' / N YK r i. s I'M 3 R. {i - , 1 +• P �o rf . � .q' arc+' w..'` x .,... h - � ��-.t� r. �� x,,,,^•s� -�. ch'.�:sy ..-.x�t n1i`�t,.„,� ,�A''. . ,.a'�y.. �z';'xn,. ,:i 4 .t .�''` „^ s� ^fir,.N.>,;� 04"1 We µ� �.-�/-z.c��V-av✓J �'/ C� -r?s c-G-..�-(/fie ->2'G,:-� s �� av�-��' � -��' �'�-ze Wit'cil�n Gn-r�•f-� ��a�-v-d.->�,s-� � Z( 4 ��%' �o V X71 � � �cy� �.�%j`✓ .��-�� 0-17r�- _ nom. f W. v «.n v N n ,�"�R� :s•�re --�. �«w .es.,,,ri '.:E __s"".�.n� �.. 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'� 4..�. �'._•.;,v ..�,� .-aY. its. �3`.�„ .�.7 -:��”' ,a��-.,-�., ,>c.s�&� ;�� ;# r�`-cam,..., LL mak._�r �,.,r-��§.��.r � ..•."r�c-T; zr �.i-� .�`. - - fi��- Y" a .�.o-�„ �' +„;:� ,� �. �.+ �+ ,�-i'+ �� x�"�4' ?t+e�"�° .,yY..;ys ..., .�'�.r'tS'� � � �,Yx"*'�i rF�� :�:s*y' :�r "..��.�+ �-,r„r��' ✓'�h� .mnx ." xc �"-§.+�5_s �'+:�rta.�.�� =='"rix�.y�.�,-.ash^=�.�a._ e.�,�..:�4x-�.fi..a:�,ti:�..�1::a�. r .:�._.>��a� ';��._,,�,.�,.., ,rw.�.� „u.�� ,.: sem.�;.��' �.n.�x��;,a .. ;m..:.�.�.-�.`•-s.�.....s. MEMO NPO #3 MEETING MINUTES October 24, 1983 1. Called to order at 7:45 P.M. , the delay being necessary to obtain a quorum. I1. Roll call: present were Bledsoe, Fyre, Porter, and Moonier. Excused absent were Ramsdell, Smith, and Mortensen (who was sick). Staff was Planner Steve Skorney., Visitors were, Geraldine Ball,' Larry and,Debby Barnum, J.B. Bich op, Robert Campbell, Bill Clyde, Duane and Julia Ehr, Ralph Furrer, Jo Hobbs, Jim Horsley, Jeanette Kromer, Chuck Lehman, Alex Machin, Lindzey McArthur, Bob Miller--Century 21 Properties, Mark Neer, Eunice Painton, Marty Poorman, Roger and D. Regehr, Bibianne' Scheckla, Ima Scott, Mary Stanford, C.H. Stearn, and Joe Van Lom, archetect -along with about 5 others associated with his project. III. Minutes--Due to the delay in starting, review of the minutes will be postponed until next meeting. o- IV. Review of Joe Van Lom's project on Pacific highway between Park Street and School Street: The development proposal consists of 4725 ft 2 Retail/Automotive next to School Street,';a 3260 sq.ft. Fast Food Restaurant--it will be Dairy queen which will move here from the other side of the highway--, a 5700 to 7100 sq.ft. Retail Shop Building, and a 2400 sq.ft. convenience store next to , Park 'Street. Thene is a ,30 to '50 feet wide landscaped area to buffer the convenience store from Grant Street. The plan shows two 24-foot access driveways on the highway, one access on Park Street, and a service access on Grant Street The entire 'complex is to be design coordinated, and it will be developed under the existing (old) code. The complex will L, a, rs..3,..m„t n;�nArch_�t`p� and therefore may not be devided into 3 J.otss, w1�aa �y�f"-e • be built as one phase. To keep a clean appance the owners will sign a maintenance agreement. The convenience store will apply for an OLCC license. In order to protect the convenience store from loitering, a video arcade will not be allowed. So-'far the only firm committment is the Dairy queen. Southland (7-11) and Schuck's Auto Supply have shown interest. This information was/given by Joe Van Lom in his presentation and in answer to questions. Almost all of the visitors asked questions and/or made comments about the development proposal. The primary concerns seemed to be traffic safety and the safety of children walking to and from Charles F. Tigard School. In regard to the children, it was agreed that a route other than across the access points on Pacific Highway is important. There was a division of opinion among the citizens and neighbors about an idea of opening up the servico- way to allow pedestrian traffic through the rear of the site. One or tw6 said the children have learned to use Grant Street and there is no need to open up the short-cut again. Problems of liability to the owners was mentioned. The representative of the school district mentioned concerns about the back passage in regard to possible attacks as occurred Xon a Beaverton bikepath recently. page 2--NPC #3 Minutes, October 24, 1983 le expressed strong opinions that the In regard to traffic, 'several peop p deceleration lane to School Street should be extended, so that cars don't suddenly stop to enter as they do for Wendy's. Also it was expressed that more than just a sign or arrow was needed to guide traffic to the cbably some curbing. There was right; upon leaving the Dairy Queen, pr .1 7L 4a, concern about the possibility of an excess ;of traffic on Grant Street, err and it was suggested that speed bumps be installed&to_discourage- use -as a thoroughfare. Mr. Van Lom was agreeable to all of the above traffic suggestions. The feeling of NPO #3 seems to be generally good in relation to this initial proposal. The motion was made and- passed unanimously that NPO #3 go on record to concur with the concerns raised by the citizens and neighbors in attendance, concerning the problems of traffic and safety of children; and that we ;encourage staff ;to work with the developer to address these problems. A sign-up-list ;was passed around for <those who wished-'to be notified of the decision of the Planning Director, and several signed it. NPO .#3 would of course want to receive the decision. Other items that this writer forgot to include above are: The vegetation' in front will be kept low so as not to obscure vision for cars accessing the highway. There will be a olid fence and vegetaion along the rear property line. Mr. Van Lom said there were about 106 parking spaces in the plan, whereas only 76 were .:required (I have counted 99)• The proposal calls for a;`fence` along the back corner by 'school street up to the Auto Supply building, but not along the side of the building, and espec:iaiiy not 2n front The placement of signs was not established i yet, each occupant would be entitled to at least one sign. The staff w:lj supply the NPO with a copy of the final site plan as submitted for ,approval. V. Review of Park Place development application for 47.8 acres at SW 121st and Sd Gaarde. Robert Miller of Century 21 Homes presented the proposal. We had seen some of it in our last meeting but Mr. Miller did not come because Planner Hamid Pishvai.e had told him the meeting (at Planning Commission) was cancelled. Apparently 'there was some confusion in communication between Mr. Miller and the planning staff. The application is for single family detached condominium cottages, K said to be priced at about $80,000 per unit. For compa0rison $80,000 conventional development that would normally cost $65, could be reduced to the cost of $48,500 to $70,000 by using the techniques employed by Century 21 in this application. These techniques were employed at London Square off of Greenburg Road in Tigard. This will be a phased development because of City requirements--all they really want at this time is approval of Phase I. There will be a requirement in the Homeowners Association that the grounds be maintained; f members of the NPO pointed out the difficulties of actually enforcing those provisions. The ane-way private drives will have parking allowed on one side, which they hope will meet staff's parking requirements Page 3--NPO #3 Minute's, October 24," 1983. Joe 'Gruelich of the 'Fire,District said that was O.K. from their point of view. Mr. Miller said that the constraints of 'locating a major 'road through the project, which could not be used for individual access, has forced this type of ,development instead of something more conventional. s Herman Porter requested staff to look into the legality of the ownership, not of lots, but of buildings, and also the placing of many single family detr,ched structures on ;an individual lot; the NPO concurred in this request. Bob Bledsoe noted the following major concerns with the initial application forms, submitted in >September, '1983: 1. Page 3, #12; Site Plan Check #A-11; Site Development Analysis Form: Sensitive Land Areas; Narrative--page 2. In all these items the applica- -tion asserts that there are no sensitive land forms within the project area, and that there are no slopes over 25%. This may be true of Phase I, which is mostly in Lot 401, but it is definitely not true of the whole project--Lot 1400 has more slopes over '25% than any similar size area in Tigard's planning area. Since the application is for the whole area, the extent and location of steep (over '25%) sloped areas needs' to -be specified and certified by a registered professional engineer.' 2. Page 3 .#18'; page 4, #23; and Site Development Analysis Form. The application specifies attached units in Phase II. This requires a conditional use permit; and either the attached units should be omitted, or else a complete conditional use permit application should be submitted' in detail. 3. Page 4, #21 and #23, and the Density Calculation Form. There seems to be serious problems with the number of housing units applied for, both for the total project (215) and for Phase I (43). No density bonus has been applied for, but the application appears to use some of the density transfer provisions allowed in the Comprehensive Plan. The application shows 12.58 acres dedicated as "permanent" open space. (Why is that word in quotation marks on the first page of the narrative?) Some of this land may qualify for density transfer, but that has not been shown. The number of square feet shown in public dedications and public facilities definitely seems inadequate. The area of Phase I is not stated except on the School Impact Statement where it is listed as 9.6 acres; but by subtracting the other areas on the map dated August 15, 1983, one arrives at 8,64 acres--the. area should be clearly stated in the determination of the density for Phase I. Planner Steve Skorney said he had calculated 168 units .for the total project, and that the # density transfer provisions would have to be met in order to achieve the densities shorn in Phase I. ( " 4. Page 2, #8 at the bottom of the page. South of the proposed development is not zoned R-7 as shown, but it is R-20; and this fact calls for appropriate considerations: in particular the need to move the private ". - drive at least 5 feet northward, away from the property line, and to Page 4- NP0 #3 Minutes, October 24, 1983 a provide some buffering landscaping in this area. See item 4g in the NPO #3 minutes of September 12, 1983• a 5. The application appears to be specifying street width less than the standard for Questor Blvd. The last sentence on the page entitled, "Park Place Planned Development," refers to a 32-foot wide conventional _ street. Probably this was part of the basis for the area of public facilities listed in the DensityCalculation Form. Questor Blvd. should be clearly specified and built as a standard local or minor collector road. 6. The 12.58 acres of "permanent" open recreational space is not included by the Declaration of Covenants, Conditions and Restrictions as part of the common area-owned'by the association. In addition, minor problemsnotedwith the initial application included the following: Page 3, #9A. To the north of Tax Lot 1400 is a farm, and to the west of Lot '1.400 is vacant. 8. Site Plan Check List #A7 states that transit facilities are not applicable to the application. Bus #45 traverses 121st Ave.'rand `Gaarde Street, and a bus stop and possibly a shelter would be appropriate, especially since the project is for more economical housing.' Certainly a bus turn-out lane on SW 121st Ave. should be considered. 9. The school impact statement says there are no phases to the project, while the application itself is for a PhaseI in detail, and a unspecified Phase II. 10. The Declaration of Covenants, Conditions and Restrictions refers to the rights of ownership as residing with the owners of lots; are these Lots 1, 2, and 3, or are they something smaller? If so, are they legal lots? Some major concerns with the supplemental information supplied with the annlicant's letter to 'William Monahan, Planning Director, on Oct. 12, 1983, .ere pointed out by Bob Bledsoe, as follows: 11. Concerning SW 121st Avenue, the right-of-w•,l,y for collectors is 60 feet, not 50 feet; and therefore the appli.c-'tnt needs to dedicate an additional l0 feat of right-of-way along 121st Avenue. Also approval of the project should be contingent upon a half-street improvement of 22 feet of pavement from the present center line, and including curbs and sidewalk and the stop sign. (Also, the reduced area of improvements for 121st Avenue probably influenced the density calculations. ) 12. The application's suggestion to extend SW 121st Avenue southward beyond Gaarde Street presents an unappropriate, adverse impact on the r+. neighborhoods to the south, which are situated along Bull Mountain Road. Bob Bledsoe suggested that the NPO oppose this suggestion and offer VIAMAVENROUZZANFAMMINELVEff Page 5--NPO #3 Minutes, October 24, 1903 instead, a looping traffic pattern (diagram attached) similar to Genesis Loop. Larry Barnum also testified concerning the devaluation to the expensive homes in the Ames and Shadow Hills Subdivisions if SW 121st Avenue were to be 'extended into those neighborhoods. The NPO'decided' by unanimous motion to opposetheextension of SW 121st Avenue, and to offer the alternative looping traffic pattern for, those neighborhoods. 13. Without the extensionofSW 121st Avenue, there is no need for a left , turn lane east of 121st Ave. on Gaarde Street. Two lanes should be sufficient., Two minor concerns with the supplemental information supplied on October r 12, 1983, that Bob Bledsoe mentioned were the following: � 14. Double catch basin inlets will probably be needed to 'catch the stormwater x at the bottom of those steep slopes ('8-13%) on the private drives. r 15. The extruded curbs on the private drives probably will soon break up, as has happened frequently at Cantebury Shopping Center. r The chairman of the NPO read a list of concerns supplied by Vitz' Ramsdell ; on October 22, 1983- Vitz knew that he would be out of town, so` he wrote these down for us. Relating to the first two maps attached to the letter of October 12, 1983,' from'Robert Diller: s,. A. Concerning the right-of-ways and traffic patterns, distinctions need 4 4r be iia between the fol nvJing types of. "proposal" ShOWIl: (1) Actual changes or improvements to be done by the developer, (2) Theoretical changes from city or county street standards, and (3) Theoretical changes that should be done sometime by others. i s B. Depending on the distinctions made above, there may not be enough right-of-way in the adjoining street to do what the developer proposes far his past of the street. C. Why is no left turn lane shown on SW 121st Avenue southbound at the f intersection with SW Gaarde Street? ' D. What is the status of the "proposed" continuation of SW 121st :.venue southbound to SW Hazelhill Dr. and Bull Mountain Road? If this is more than just a concept, then the adjacent landowners need to get involved in the specifics of the connection before the developer f proceeds. s E. The intended connection of the bicycle/,jogging pith to Gaarde/121st is not shown; is it still included? � F. Will the ownership and development of the greenwa y and recreational facilities reside with the homeowners' association or with the City? ��`'`i.a`�5 �`�'v .�_ fu �� '`,+' �, h � "'� �'t ""�°s `�atn •tts��i�x"�e' .�,"��`b�.,"'�-'-�..s�.e` �""-w a ^ wt, .4 Elm 5' ♦ r,+a' a a x a � � 4 C dc�.• �Ty R�.v P xY�,� �qtr:�• , i§-r� �� -..... ..., ,�..,.�;,.. �"..,.. -�.+.. ,.,•.,�,,„_ ��-,. ,„ .,, � ...�- ,.,, - +, �.� �5r�'' �..x.��.,. f��t�.'s,-�s'�.ie_ �t zk `•.. ' -*,:sc��y z,- k':,�s.,.' ._.. «��;� 'r• r��`.h,- a`� fir*` �r �,� sem- e '-� '�`A= 3. �,.. _ -�: ~yi,,,.�� .�;yss,��.-°y.r�.�• �r °'#�'�„ �a.-•�r'k� �' s...� :� .-+�,+xt� � .. ^s _� �^�,� ,u •� .��'`4'"�` -�+:M4. ,f� � -�.-a ." r�.,,�`+' €r'aa a'r:1.<F°� � Y �:,`{ .F 1�.�1 �"�.��.�,'�-7�: �.'�.w�,..�..�=�z�`��' ,�:a.—��''.,�ry�-s�- �h �"%.s�&s �-�.��-=s"s..�' a.:.`�.�«� '. �d "` i -r�g�t a..::.�c`�kr.��.. ^�*�a z.s. .�•`�c � a�� r� MO A, NPO #3 MEETING MINUTES September 12, 1983 I. Called to,order at 7:25 P.M. 2. Roll Call: Present were Bledsoe, Ramsdell(7:32), Smith, Mortensen, and Porter. Milt Fyre has been appointed to the Planning; Commission, but he is remaining as a general ;member of -NPO #3. Visitors were Althea : Rodde and Betty McCain. Staff were Steve Skorney and Liz Newton. 3. The chairman forgot to bring the minutes of July 25, 1983. 4,, Review of 'Park Place development application by Century 21 Homes. Bob Miller of Century 21 Homes. Bob Miller of 'Century 21 had said he would attend our meeting, but he never came, although Liz checked the lobby several times. In our reviewof this application, NPO ' #3 has the following concerns and opinions: a. The route for SW Gaarde Street to. 135th and Walnut is in accordance 4' with the County's desires for a thoroughfare between Murray Blvd. and Pacific Hwy. Under the terms of the 'UPAA, the City cannot exclude this possibility., However, the approval of this :application should leave open the options for -a more indirect route, as specified in Tigard's adopted comprehensive plan, including connection to SW 132nd _ Avenue instead of 135th and Walnut. b• The road alignment of SW` Gaarde, including in particular the termination point of Phase I, should be moved westward so as to impact the Rodde property less (Tax lot 300). C. Steve Skorney reported that the City Engineer would like to see the County standard of a 70-foot right-of-way for Gaarde Street instead of the proposed 60 feet. This is a change from a discussion that Bob Bledsoe had with Frank Curry, in which Mr. Curry said he wanted to see a 60-foot right-of-way with the contingent restrictive easement of 5 feet on each side. NPO #3 strongly supports the 60-foot right-of-way with the contingent easement. d. The County standard for major collector is a roadway designed for speeds of 35-45 mph. The City standard for minor collector is a roadway designed for speeds at 25-35 mph. Since 35 mph is the common ground in this controversy, that is the speed that should be designed for-no more and no less. The radius agreed upon by Frank curry and the County is 700 feet. At that radius the super elevation should be Limited to 7% maximum, in order to provide for speeds of up to 35 mph. e. Stop signs should be included at 121st and Gaarde. f. Setbacks on Questor Blvd. should be 20 feet instead of the proposed 15 feet. The purpose of keeping the standard setback in this instance is to avoid discouraging the use of Questor Blvd. as a minor collector. Although designed to local street standards, it is the only road that will be servicing the other side of the ravine and will therefore function as a minor collector. g. NPO #3 was concerned about the placement of the private road 'serving { units27-30 on the property line, especially since the land to the south is zoned R-1, which is considerably different than the R-4..5 PD of this development. We recommend moving the private road at least 5 feet northward, and including landscaping between' the road and the property line. This area would be a good place toextendthe:jogging path from Unit 32 to the intersection of Gaarde and 121st. h. The use of the gas line easement as a jogging path and nature trail is not a suitable routing for those purposes. In some areas where the slopes are gradual`, the route is O.K. , but otherwise, the route of the trail should be designed with the users in mind, ;not `just for the convenience of the developers." 5. Our next meeting will be the regular meeting for October. Our :regular meetings will be on the Monday of the firs" Council meeting of the month. That should be October 3, 7:15 P.M. at Fowler Jr. High School. (pm/0182P) �. January 23, 1984 To: TigardCityCouncil From: NPO #3 Subject: S 8-83rD Appeal of denial by Planning;Commission for development on the Century 21 property at SW Gaarde,and"SW 121st Avenue This application was denied on the basis of insufficient information. The planning commission did not like making that determination, but an apparent lack of direction, by staff to the ;applicant led to this result. The application is complicated with issues of rorad alignments, private roads, and housing density, among others. NPO 3 provided the commission with about 28--30 objections or concernsregarding the plan as submitted; this should be' includad as part of the written testimony. (If not, we will supply copies.) The case was made more complicated because three decisions were combined in the application. If the council does not wish to decide on all the issues of this application, it should at least give direction to the planning commission on certain issues they felt required council decision, in particular the size and alignment of the Gaarde Blvd. extension (Murray Blvd. extension). On this issue, at least three questions should be answered by council: 1. What size street should be built, and what standards should apply? 2. Where should the street intersect SW 121st Avenue?,- 3. Should the street be directed'toward SW 132nd Avenue by;an indirect route (as in our comp plan), or directed toward SW 135th Avenue near Walnut Street (as in the County's plan)? NPO ,#31s position on these questions is that the street should be a Minor Collector (which allows 350-foot radius curves and direct access fcr homes and is designed for a maximum of 35 mph), and that it should be directed toward Sty! 132nd Avenue by aa indirect alignment--the alignment shown for questor Blvd. is ideal. NPO 3 prefers a northern, offset alignment at SW 121st Avenue. Another question which puzzled the planning commission is the amount of housing density allowable on the big undeveloped lots of future phases. It would help the commission if council would direct the applicant to submit the'number of units he is asking for on each of those big lots which are to,be developed i,. later phases. Bob Bledsoe, Chairman NPO #3 MME� .��.. OR 3 G I awl Mill ..........$ � rJ {''Y .�'%" iw- y c +,,;''"7.' ;. xr.' „ <<� - :•:... T +,:_., ,..'>::,6 y'Y'a"5't y�::. «,p.,,_:; {�3£'?:1:x t k t"..i a* ',a'' e � r _.�. .h...=k7M.a.• y .*�',•�.:. *{i-t°•'..a}r.,�m;�=u ..� sEa" .. R�'�#.'` .'S`' rr�.t.� f:t"�-';t# c£f+�.-w, at�es.wc� �-^ -a��r.'£'' :., �4� a•. ¢- �.,r�.�,> �� ,�,�as, '��'` ,:kis'` -�»c.�- �"��-�a�sr`t , n�� '+ .,r �_ ;� � �. fir•_ �r, �; ��s ,, � ,�- �'� s�a'f,w'�;vK.•^a .�,.o. g. ;r`--. �_.-�"w-�� 'v .. E.�..�.;�. «. a?3 "�'`r` :.-_,. ^r.,,r ::'` _,rcv"." �.. .r_t'k�a _ ,,.:. vc ,;.f x- s, Cc s.?s="'s '- . ...r.s.F� ;d>�' -darts. � if'�F`%"x. �`. sse:�� ,+ .s^ -� +raa•� �CF c ,§� 1. r f' ..g+s o«�p.�'l, 'c s-�, ��:.� �' ��r +x! ..Y. '�;k'`f,�-,:..� Vis-ex "-��-'z"i},. PUBLIC HEARING OPENED s ti 5.1 Century 21 S 8-83 P.D. It was tabled from the last meeting, so Vice PresidentMoen, asked staff to review the staff report again. Assistant Planner Steve Skorney reviewed the staff report to the Commissioners and Public. Associate Planner Skorney also reviewed the conclusions and the Planning Department findings. Staff recommended approval, ,with conditions of the applicant's request for conceptual and detailed" planned development approval and preliminary plat approval of Phase I of'S 8=83 PD. o NPO/CCI COMMENTS o Bob Bledsoe 11800 SW Walnut, NPO #3. He stated that the concern of the NPO was that the Development Code says a single family dwelling is one detached residence; placed on one lot. He said that:' the NPO cannot understand why the Planning Department is approving this proposal. o Planning Director Bill Morahan, said the code concerning Planned Development speaks to the minimum land, area per dwelling' unit, irregardless of ownership patterns. o Vice President Moen, asked if the 'land is going to be common land or not? o Director Bill Monahan said that is what the applicant wanted. He also said that the applicant himself should speak. Applicants Presentation: Bob Miller, Century 21 Properties. He explained that what Century 21 Properties wanted is to put 43 units on 47.8 acres of land or they would even settle for 43 units on 9 acres of land. He also said that it would be o.k. if they only approved Phase I of the plan. He -also mentioned that the "T" intersection presented to Larry Rice from the County and Frank Currie, Director of Public Works would be o.k. He also addressed the problem about how the Fire Department was to respond to a fire in that area. He said that they can come in on one of the roads that are roped off to get to the fire. He also commented on who was going to take care of the common land. He said that the Neighborhood Association, made up of the people who live there, would be responsible for it. o Commissioner Edin asked Bob Miller about concerns on policing the property. o Bob Miller said that the Home Owners will do their own policing around the area, but Century 21 is willing to let the City patrol the area even though it is private property. o Larry Rice, Washington County. He said that the County was in favor of the plan and they gave their o.k. to go ahead.' Planning Commission Minutes - December 6, 1983 2 o Coinmissioner Edin asked Larry Rice it the "'t" 'F.s good to have at the west f end of the;road. c Ralph .Fl.owers 11700 SW Gaarde. He explained that his concern was 1Y you let the development happen the on traffic on Gaarde lr 121adeath l tecame e rap andxheaheavy and tlight will be worseifcyou Gaarde and 99 is a y rove the road. put _up a stop sign or imp o Carl Landstrom 12000 SW Gaarde. , the Commissioners know that his house is only 20 feet He wanted to let ` from the road and that he was afraid that the traffic will get worse than it is, now. o Lou Ann Mortensen 11160 SW Fonner ,NPC #3 th She asked Bob Miller if the e oBoaOwnerShesalsoa asked tion will hat have would happen if the Oregon State Real -Est the HomeOwnersAssociation doesn't remain in euestione_him She was whathe that Larry' Rice left before any one could q commented on. ded by saying that yes it will be filed with the <Oregon o Bob Miller respon to the second question saying if there are people State Real Estate Board. He responded €` that the Home owners Association will always exist living on the property. o Lou Ann Mortensen asked what is going to happen with the traffic on Pacific Highway. o Director Bill Monahan said that he and Frank Curreearhavesodiscussed that problem and there will be no answer for at least a y o Commissioner Butler asked if there will be three lanes of traffic and how will they go- 0 Assistant Planner Skorney said that 2 lanes will be travel lanes and 1 will be a turning lane. o Judy Fessler 11150 SW Former She asked if there will be a half-street improvement or a full `street improvement on Gaarde? Will the right-of-way on Gaarde be upgraded? he Assistant Planner SkorneyPlace aside.hatTheh right-of-way way will�be aupgradedthing to e one istto sidewalks on the Par the standerds on the Park Place side. Lengthly Discussion followed. O Betty McCain 13950 SW 121st ts on Gaarde that Her concern was that if they put road improvementrouble will only be 11 inches from her house. She also saidrat hhas oved shewill. already with the traffic, i€ the development is approved more. Planning Commission Minutes - December 6, I9$3 3 c Eldon Hodapp 11460 S.W. Gaarde His concern was that i3 they widen Gaarde that the natural springs will be all messed up. tie also was concerned that if an accident 'happened on 'Gaarde who will be the one to respond, the County or the CityPolice Department. Judy Hodapp`114b0 SW Gaarde She wanted to explain chat the traffic on Gaarde is already ;bad and if more is put:onto It there will be more accidents than there are now. o Commissioner Edin said that he understands and that it will be considered. BREAK 9:45 P.M� CONVENED 9:50 P.M. CROSS EXAMINATION: o Bob Bledsoe :11800'S.W. For.ner NPO #3 He would 'like the County to agree to an alignment for the Gaarde St.` extension that indirectly connects to the 121st and Gaarde intersection. He asked if there will be a continuous curb to Gaarde St. after the improvements are made. o Bob Miller Century 21 Properties F k He explained that `there will be 25 ft. of street on 121st on the property owners side and only 20 ft. on the development side. He said that will be the came for Gaarde St. He also asked that the 200 street improvement be restricted because he doesn't think that it is fair now because the city has no idea at all what is being talked about. As the property is developed the developer will be placing storm drains and sewer drains. If they hit anyones spring they will find where it is and fix it. 4 o Assistant Planner Steve Skorney told Bob Miller that the 200ft. _ improvement is standard for that kind of subdivision. ; o Lyall Turnball L1735 SW Gaarde ' Asked if Prank Currie said that there is anything to be done to the County , side of Gaarde Street. o Bob Miller said that he did not remember that. o Mr. Turnball said no he was talking about street improvements. And then b Mr. Currie said only if you have an LID. g; o Ted Dunfill .8895 SW Edgewood What he wanted to know was if they do street improvements to part of the street at a later date won't there have to be more work done to the other ' streets. Planning Commission Minutes - December 6, 1983 4 oCommissioner Edin answered his question by saying yes It does ,open the door for the other streets to be improved. o Betty McCain then said that they will be violating both the City and County setback 'ordinances, and once those ordinances are violated who is going to buy the property. o Director: Bill Monahan said that there is really no answer for that because it all depends where the house is located. The conflict is; from the house to the right-of-way. He also said the problem isn't being created now, i that it already exists. ` o Commissioner Edin asked Betty McCain if she heard the answer Mr. Miller gave about the natural springs and drains. ' t o Betty McCain said that she understands, but she is not sure that what Mr. Miller is proposing will be the answer. o Commissioner Edin gold her that no one there is an engineer and that they s rely on staff and staff does not know. r o Commissioner Moen had a question for the applicant. Who is going to do the maintenance on that ''street and how can the city be assured that it will be maintained properly? He also wanted to know how the police are going to control the parking on the one side of the street. > o Bob Miller said the Home Owners Association will have the responsibility °a to maintain the property. He said that on a private drive no one else has y` to let the police on, but they are willing to work with staff and come up with an answer. o Commissioner O:.'e^.s asked the applicant why he asked for a private road { instead of public ones. o Bob Miller responded that it will take away from the land and the land e itself is only 300 ft. wide. k t o Commissioner Owens asked if the project is approved tonight how will the applicant address the issue of the problem with the different number of I units that the staff has put in the report. s c Assistant Planner. Skorney said that it was for a decision on Phase I not € B on the plat. PUBLIC HEARING CLOSED 10:35 P.M. l o Commissioner Owens said that the road condition is a major issue but that . is not what the Commission is approving. She also said to look at it { another way the improvements will in the long run be safer than worse. She also said that traffic will increase on Gaarde regardless of what the Commission decides on this property. o Commissioner Butler said that he has never seen a maintenance overlay like this one before. He also was wondering why the Gaarde, Pacific Highway problem was not regarded in the plans. Also, he would like more on the drainage systems. Planning Commission Minutes - December 6, 1983 5 n Commissioner Edin would like it noted how he would like to see the staff; report changed to conceptual detail review of Phase I only, not Phase 11. He'would like to have the City >Council consider approving the private streets and enforce the parking. o Commissioner Edin said thentheCommissions' hands are tied to do anything about the 70 ft. right-of-way. Do we or don't we have anything we can do about the right-of-way? o Director Bill Monahan said that no you can't do anything about it because ~ the Commission can not violate the Urban Planning Area Agreement. o Commissioner Edin said that the location of the `street is a really big problem. He said that putting the "T in at 121st is not the most safe thing to do. He was thinking about putting the "T" in the other end of Phase 1, maybe at the end of the street making cars either go ,left or right in Phase II. Commissioner 'Edin thinks this is the way Council and the neighbors would like it as it :wouldn' t be- a straightaway shot. o Commissioner Vanderwood would agree with Commissioner Edin about the street. She has some concerns about 115, she said that she has never seen anything Eike this before. She also said that 200 ft. improvement will increase traffic speed more than it is now. condition he can see that people are going o Bob Miller said that with this to speed up on the -400 ft. improvement and said that cars will drive faster than now. o Commissioner Frye major concern is with the traffic pattern, he doesn' t like the cars having a straight shot on Gaarde. He also said that he does like the offset running into 121st. Having the "T" on the other side would be good. He said that maybe between 121st and 99 a stop sign cot-lid be put in. It is a lot of density for a zone that is single family. So he would not approve this unless it has an indirect connection. o Commissioner Leverett said item #5 show that we have an engineering problem and it has to be worked out and that the 200 ft. is not worded well. o Commissioner Moen comment was that we are here to talk about the development and we hav done that, we have only talked about the street problems. He is in favor of staffs' recommendations and prefers the "T" "T" on the top, one is not to put to Gaarde. Two problems by putting a the "T in without some input from engineering. The second one is that 121st is not good because he doesn't think the people would be very well served. He asked the applicant if they plan on having any parking around the development. o Bob Miller stated that they plan on having parking on one side and have enough room for a walkway on the right-of-way. o Commissioner Edin thinks putting private drives on this big of a development is wrong. Planning Commission Minutes December 6, 1983 6 o Commissioner Owens would Like to know what Commissioner Moens' feelings on density are. o Commissioner Moen said that we are not here to redesign the plan. o Commissioner Edin motioned to approve Conceptual Phase I with conditions. To add and correct staffs' conditions. The first addition would be"Gaarde Street be extended asshownon the plans an additional 300 ft. northwest from where it deadends now. With other proposed streets; to be constructed to make a "T" °intersection ,at that spot. He left in item #5, because he would like to see that street improved, Commissioner Owens 'seconded the motion. The motion was denied with the vote 5 to 2. o Discussion'followed regarding the density problem. o Commissioner Butler said that it is inappropriate'for this density. ` Phase I could have been added only, not both Phase I and Phase II. o Commissioner Moen asked staff how much of the density transfer, is in Phase I. o Director Bill. Monahan said that about 5 units.. o Discussion followed among the Commissioners and Staff. o Commissioner Butler motioned to deny development S 8-83. Commissioner Fyre'seconded the motion. o Discussion about the motion followed. o Motion was approved by 4 to 3 vote. o Director Bill Monahan asked for the findings. Findings are: Incomplete and inaccurate information. Private Streets inappropriate. Deny transfer to Phase I was inapproriate without,see the plats. 6.2 Sign Code Exception SCE 5-83 Chalet Restaurant and Bakery NPO #4 o Commissioner Moen, said that the applicant had to leave and that he would like it tabled until the next meeting. a Commissioner Fyre motion to have it tabled until January's meeting. Commissioner Owens seconded. Unanimous vote of Commissioners present. Planning Commission Minutes - December 59 1983 7 COMMISSION DISCUSSIONANDAC'T'ION 0 Commissioner Edin moved and Commission 1:everett seconded to forward a recommendation of approval to the City Council for the Comprehensive Plan Amendment CPA 17-83, from low to medium density; and approval of the Zone Change ZC 13-83 to become effective upon Councilapproval of the Comprehensive Plan Amendment. The motion was approved by unamious vote of the Commissioners present. 5.4 SUBDIVISION S 9-83 Bond Park # 2 NPO # 5 0 Assistant Planner Skorney made staff's recommendation for approval with conditions. ® NPO/CCI COMMENTS - No one appeared to speak. 0 ' APPLICANT"S PRESNTATION - Bill McMonagle, 8905 SW Commercial,: stated they had reviewed the staff report and had no problems'. They were available to answer any questions. PUBLIC TESTIMONY No one appeared to speak. COMMISSION DISCUSSION AND ACTION ' o Commissioner Butler was concerned chat there was no school impact h statement submitted with the application. The applicant stated they had contacted the school and that they had no problems with the proposed development. 9 Commissioner. Owens moved and Commissioner Moen secondedto approve Subdivision S 9-83, with conditions, the applicant's request for a Preliminary Plat of Bond Park # 2, a 24 lot subdivision. The motion was approved by majority vote of Commissioners present, Commissioner Butler voting NO. 5.5 PLANNED DEVELOPMENT S 8-83 PD Park Place/Century 21 Homes NPO # 3 @.. A request for conceptual and detailed plan approval of a Planned Development consisting of 215 single family units. a Assistant Planner Skorney made staff's recommendation for approval of the conceptual and detailed plan with conditions. They are also asking for preliminary plat approval, however staff had not responded in the staff report to that issue. Also, staff had received a call from Washington County requesting that the application be tabled until the alignment for Gaarde Road could be agreed upon between the t City and Washington County. The Public Works Director also supported a continuance. j PLANNING COMMISSION MINUTES November 15, 1983 Page 5 k NPO/CCI COMMENTS' - Bob Bledsoe, 11800 SW Walnut, NPO # 3 Chairman also supported having this item continued. The NPO had many 'concerns which had not been address including alignment of streets and density calcuations. APPLICANT'S PRESENTATION - _Bob Miller,; 5164 Bobs Court, Salem, Civil Engineer for Century 21 ' Homes. Reviewed the history of the application noting communication problems which had occurred. Lengthy discussion followed regarding processing of the application. Consensus of the Commissioners was that the there were many difficult issues to deal with and there was confusion as to staff's position on this application. PUBLIC TESTIMONY ® Mrs. `Rodde 13745 SW 121st,` read her letter "into the record .opposing the proposed road alignment and requesting the application be denied. 8 Mr. Gordon- Moore, 11535 SW 121st, opposed the proposed application. _ He stated that Washington County had planned to put the Gaarde Road Extension through the Century 21 Property and that Century 21 was aware of this when they purchased the property. Now, Century 21 is proposing shifting the burden onto his property and others - without even contacting them. 0 Ray Barnum, 14405 SW Hazelhill Drive, 'respresenting the homes owners in the Bull Mountain area opposed the application because of the density and the gaarde/Murray Road extension: 0 9 i a regarding .,t,,in ,uangio of the meeting. ® Discussion followed r 0 Commissioner Edin moved and Commissioner Owen seconded to table Planned Development S 8-83 PD to December 6, 1983, and requested staff to schedule a meeting between Washington County, City Staff, Applicant, NPO # 3 and affected parties to address issues of concern. Also requested applicant to provide a true school impact statement. The motion was approved by unanimous vote of Commissioner present. 6. OTHER BUSINESS ® Discussion followed regarding developing criteria for justifying changes to the Comprehensive Plan. 7. Meeting Adjourned 11:30 P.M. Diane M. Jel r' , Secretary t ATTES f/ --Z fit 9.�•� Francis J. Aepe8 no, President (0227P)PLANNING COMMISSION MINUTES November 15, 1983 Page 6 MEMORANDUM TO: Planning Commiss}on FROM: Planning Staff �{ " DATE. December 6, 1983 t SUBJECT: Park Place S 8-83 PD At the Planning 'Commission meeting of November 15, 1983, the request of Century 21 Properties 'Inc. for approval of the Park Place development was postponed to allow the applicant to meet with the City, 'County and affected property owners to resolve the Gaarde Street extension issue. A meeting was held on Wednesday, November 23, at 9:00 A.M. at City Hall. In attendance were TigardPlanning Director William Monahan, Tigard Public Works Director Frank Currie, Washington County Public Works Director Larry Rice, support staff from the City and County, NPO #3 representative Bob Bledsoe, CPO #f4 representative Beverly Froude, property owners dAlthea 'Rodde and Gordon Moore, and,:Century`21 Properties Engineer Robert 'Miller. It was agreed that SW Gaarde .Street"would` be extended to the northwest corner of Phase I of the Park Place development. Caarde Street would not encroach more than five feet onto"Althea Rodde's >property. Larry Rice stated that Gaarde Street would not be a major < thoroughfare. Gaarde Street will be built to collector street standards. This will mean two travel lanes and one center turn lane. Traffic speed is a maximum 35 mph. Rice said that the County does not currently have a program to pay for the Gaarde Street extension into the County. If surrounding property owners wish to develop and need to extend Gaarde Street to ,gain access, they will have to pay for-the"extension. Rice concluded that the County is concerned with the future residential use in that area and must supply a road to handle the projected housing density. The City and County agreed that Gaarde Street is not the Murray Road extension. Frank Currie said that the agreed upon alignment is in accordance with the City's transportation plan which suggests a series of indirect minor collector connections between Murray Boulevard and Gaarde Street. A follow-up Town Hall meeting was held on Monday, November 28th, at 7:30 P.M. at Fowler Junior High School. Robert Miller explained the new alignment for the Gaarde Street extension. In attendance were Frank Currie, Bill Monahan, and Steve Skorney from the City and approximately 25 property owners from the Bull Mountain and Gaarde Street neighborhoods. After the conclusion of the Town Hall meeting, Planning Commissioner Phil Edin requested that Miller design an alternative alignment for the Gaarde Street extension. This alternative would not connect at the intersection of SW 121st and Gaarde, but would follow the northerly boundary of the proposed project and form a "T" intersection at SW 121st. This alternative is for discussion purposes only. The Commissioners are reminded that the Planning staff is recommending approval of the previously submitted Park Place project with the street alignment that was agreed upon at the November 23rd meeting. SS•lw/0236P STAFF REPORT AGENDA ITEM 5.1 DECEMBER 5, 1983 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 10865SWWALNUT STREET, TIGARD, OREGON A. FINDING OF FACT 1. General Information CASE: PLANNED DEVELOPMENT S 8-83 PD (Park Place) NPO #3 REOUEST: ' The applicant is requesting conceptual and detailed plan approval of -.a planned development, and preliminary plat approval.of Phase 1,s consisting of 43 units. t COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-7 (PD) 3 RECOMMENDATION: Based on information submitted by the applicant, staff's review of applicable ComprehensivePlan policies, zoning' code provisions, and field investigation, staff recommends approval of S 8-83 PD, subject to the conditions listed in this staff report. APPLICANT: Century 21 Homes Inc OWNER: Same 7412 SW Beaverton-Hillsdale Hwy. Portland, Oregon 97225 LOCATION: 13900 SW 121st Avenue (Wash Co. Tax Map 2S1 3CC, Tax Lot 401 and 2S1 4 Tax Lot 1400). , LOT AREA: 47.81 Acres NPO COMMENT: NPO #3 has responded in writing to this application request. PUBLIC NOTICES MAILED: Seventeen notices were mailed. One written comment has been received at the writing of this report. 2. Background No previous actions on this property. 3. Vicinity Information The surrounding land uses are as follows To the north is designated low density residential, unincorporated and undeveloped at the present time. To the south is designated low densityresidential, zoned R-20 and undeveloped at the present time. To the east is designated low= density residential, unincorporated and developed as single family residences. To the west is unincorporated land which is outside of the City's urban growth`boundary. 4. Site Information Slopes on the site are generally oriented east to northeast, with some interruptions due to stream dissection. The slope range is from 5 ,to over 25%, the steepest 'areas occurring along the two stream incisions. For the purposes of this analysis, the slopes are divided into 5 categories: 0-10% 9.5 acres, 10-15% 10.5 acres, 15-20% 13.5 acres, 20-25% 9.5 acres, and over 25% 5 acres. The degree of difficulty, cost, and risk of development rises proportionately ,as the slopes increase over about 15%. Soils on the site 'appear to be silts and clayey silts of moderate to poor drainage. Depth to bedrock is undetermined, but it is probably near the surface in the higher portion of the site, while fairly deep in the lower areas. There is evidence; of soil creep, stream undercutting of slopes, and small surface landslides on the property. These occurrences are not uncommon in this type of terrain, but nevertheless should be investigated carefully before development 'occurs. Potential problems observed in the field are evidenced by: leaning and bent trees, erosion of the base of the ravines, broken, warped topography, and escarpments where some shallow slides probably occurred. While the upper portions of the slopes, ridges and terraces appear to be safe for development, the lower slopes and drainages should be investigated further if any changes are done to these areas. Specifically, steep road cuts, removal of vegetation and increased storm water flows into the ravines could create future problems, which can be avoided by undertaking a more detailed geologic investigation at the appropriate time. Surface drainage is directed into two large ravines, both of which originate uphill of the land being considered. The first of these occurs in the extreme westerr portion of the site. Direction of the drainage is to the east. Consequently, a deep ravine creates a formidable divide between the northwest and southwest portions of the property. This ravine merges with the second drainageway, and even deeper and larger ravine that orients northerly and effectively divides the entire property into east- and west halves. This second drainage appears to be spring fed from further up on Bull Mountain, and may be perennial. A long, broad ridgeline parallels the larger ravine, causing surface drainage in much of the eastern portion of the property to move east-northeast. Other land forms on the site include a small, sloping terrace in the northeast quadrant, a surface depression created by a man-made STAFF REPORT - S 8-83 PD - PAGE 2 excavation and dam along the large ravine, and a second, larger terrace in the southeast quadrant. In summary,,: th east ';facing slopes and ravines are the most significant topographic features of the site. Vegetation growth on the site varies considerably. First, the southeast portion of the site is primarily - a meadow with scattered trees,` including filbert, hickory, fir and .cedar.` Generally this area has an open character. Adjacent to this area to the west is an old, neglected filbert orchard. To the north of the orchard is a pasture area, open except for another,' smaller orchard and a stand of large, handsome douglas fir. To the west, a` dense woodland of Western Chinkapin, Red Alder, _Bigleaf< Maple, Douglas Fir, Cherry, and Cedar stretches south to north along both sides of the large ravine, and up slope into the 'southwest quadrant of the site. ' These trees' are important in that they divide the site visually in half, in addition to their value in stabilizing the steep slopes along the ravine. The northwest portion of the 'property is a large meadow, with a few scattered trees. It is surrounded by woods on all sides, although the woods immediately to the west (off the subject property) are more brush than forest. f B. APPLICABLE PLANNING POLICIES a 1. Comprehensive Plan Policies 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT € PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. Notices are sent to all property owners within 250 feet of this application. A notice was published in the Tigard . Times on November 3, 1983. NPO #3 was notified of this s application. ' . 2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL � INTERESTED CITIZENS. ; All interested parties are given, at a minimum, 10 days to respond in writing to the application and request under consideration and are encouraged to do so. The Planning staff is available to address any specific questions concerning the application or the application process. 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN ARE'— HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERi IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT: STAFF REPORT s S 8-83 PD PAGE 3 a. AREAS HAVING A HIGH 'SEASONAL ;WATER TABLE WITHIN 0-24 ' INCHES OF THE <SURFACE FOR THREE OR MORE WEEKS OF THE YEAR; E b. AREAS HAVING A°SEVERE SOIL EROSION POTENTIAL; C. AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d. AREAS HAVING SLOPES IN EXCESS OF 25%; OR e. AREAS HAVING SEVERE WEAK FOUNDATION SOILS. 1 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND RENT LEVELS. IMPLEMENTATION STRATEGIES z 3. The Tigard Community Development Code, through the Planned' Development process, shall . establish a procedure, to allow properties exhibiting physical constraint characteristics, ;e.g. , steep slopes or floodplains, to develop with density transfers allowable on the site. No more than 25% of the dwellings may be x transferred. 5. The City shall encourage housing development to occur, to the �^ greatest extent possible, on designated buildable lands in areas where public facilities and services; can be readily 'extended to those lands. r 6.4.1 THE CITY SHALL DESIGNATE RESIDENTIAL "DEVELOPING AREAS," (WHICH ARE NOT DESIGNATED AS "ESTABLISHED AREAS") ON THE COMPREHENSIVE PLAN MAP, AND ENCOURAGE FLEXIBLE AND EFFICIENT DEVELOPMENT WITHIN THESE AREAS. IMPLEMENTATION STRATEGIES 3. Within the Planned Development section of the Tigard Community Development Code: a. Development will be prohibited on lands not classified as developable as defined in OAR 660-07-140; j. b. Twenty-five percent of the number of units which could be accommodated on the undevelopable land may be transferred and placed on the developable land.; however _ —_ C. The transfer of the density shall be limited by 125% of the top of the range of the residential plan classification on the developable portions of the site. 4. The Tigard Community Development Code shall also provide for a Planned Development process which encourages innovative design, more efficient use of land, energy efficiency and more flexible development standards. �g STAFF REPORT S 8-83 PD PAGE 4 7.1.2 THE CITY SHALL REQUIRE AS A PRE--CONDITION TO DEVELOPMENT APPROVALTHAT: a. DEVELOPMENT COINCIDE WITH THE ,AVAILABILITY' OF ADEQUATE SERVICE CAPACITY INCLUDING: 1.' PUBLIC WATER; 2. PUBLIC SEWER (NEW DEVELOPMENT ON 'SEPTIC TANKS SHALL NOT BE ALLOWED WITHIN THE CITY); AND 3. STORM DRAINAGE. b. THE FACILITIES ARE: 1. CAPABLE OF ADEQUATELY SERVING ALL INTERVENING PROPERTIES AND THE PROPOSED DEVELOPMENT;` AND 2.' DESIGNED TO CITY STANDARDS. C. ALL NEW DEVELOPMENT UTILITIES TO BE PLACED UNDERGROUND. 7.2.1 THE CITY SHALL REQUIRE AS A 'PRE-CONDITION TO DEVELOPMENT THAT: a. A SITE DEVELOPMENT STUDY BE SUBMITTED FOR DEVELOPMENT IN AREAS SUBJECT TO POOR'' DRAINAGE, GROUND INSTABILITY OR FLOODING WHICH SHOWS THAT THE DEVELOPMENT IS SAFE AND WILL NOT CREATE ADVERSE OFFSITE IMPACTS; 1 b. NATURAL DRAINAGE WAYS BE MAINTAINED UNLESS SUBMITTED 4 STUDIES' SHOW THAT ,ALTERNATIVE DRAINAGE ;SOLUTIONS .CAN SOLVE ON-SITE DRAINAGE PROBLEMS AND WILL ASSURE NO ADVERSE OFFSITE IMPACTS; C. ALL DRAINAGE CAN BE HANDLED ON-SITE OR THERE IS AN ALTERNATIVE SOLUTION WHICH WILL NOT INCREASE OFFSITE IMPACT; d. THE 100-YEAR FLOODPLAIN ELEVATION AS ESTABLISHED BY THE 1981 FLOOD INSURANCE STUDY CONDUCTED BY THE U.S. ARMY CORPS OF ENGINEERS BE PROTECTED; AND e. EROSION CONTROL TECHNIQUES BE INCLUDED AS A PART OF THE SITE DEVELOPMENT PLAN. 7.4.4 THE CITY SHALL REQUIRE THAT ALL NEW DEVELOPMENT BE CONNECTED TO A SANITARY SEWER SERVICE. 7.6.1 THE CITY SHALL REQUIRE AS A PRE-CON- ITION TO DEVELOPMENT A: THAT: a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES; b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN THE AREA BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION PURPOSES; AND C. THE APPLICABLE FIRE DISTRICT REVIEW OF ALL APPLICATIONS. STAFF REPORT S S-83 PD PAGE 5 &.1:3 THE CITY : SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT' APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL; i AUTHORITY; i, b. STREET RIGHT-OF-WAY -BE DEDICATED WHERE THE STREET IS' 4 SUBSTANDARD IN WIDTH; C. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE , STREETS, CURBS AND 'SIDEWALKS TO THE CITY STANDARDS { WITHIN THE DEVELOPMENT; d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE -IMPROVEMENT OF EXISTING STREETS, ; CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S` IMPACTS; t e. STREET IMPROVEMENTS' BE MADE AND STREET SIGNS OR -SIGNALS BE PROVIDED` WHEN THE DEVELOPMENT IS FOUND TO ? CREATE OR INTENSIFY A TRAFFIC HAZARD. TRANSIT STOPS, BUS TURNOUT LANES AND SHELTERS BE PROVIDED WHEN THE PROPOSED USE IS OF A ' TYPE ' WHICH GENERATES TRANSIT RIDERSHIP; g. PARKING SPACES BE SET ASIDE AND 'MARKED FOR CARS . OPERATED BY DISABLED PERSONS AND THAT THE SPACES BE LOCATED ASCLOSEAS POSSIBLE TO THE 'ENTRANCE DESIGNED , FOR DISABLED PERSONS; AND h. LAND BE DEDICATED TO IMPLEMENT THE BICYCLE/PEDESTRIAN , CORRIDOR IN ACCORDANCE WITH THE ADOPTED PIAN. r 11.3.1 THE CITY SHALL CONSIDER THE FOLLOWING WHEN PREPARING STREET : IMPROVEMENTS PLANS THAT AFFECT SW 121ST AVENUE OR GAARDE STREET. ' a. THE IMPACT ON THE EXISTING RESIDENTIAL STRUCTURES AND THE ALTERNATIVES WHICH HAVE THE MINIMUM ADVERSE EFFECT IN TERMS OF: 1. REDUCING THE DISTANCE BETWEEN THE DWELLING AND THE STREET; AND 2. NOISE IMPACTS. b. THE EFFECT THE IMPROVEMENT WILL HAVE ON THE TRAFFIC FLOW AND THE POSSIBLE NEGATIVE EFFECTS ON OTHER STREET INTERSECTIONS. f c. MINIMIZING THE USE OF THESE STREETS AS PART OF THE E ARTERIAL SYSTEM FOR THROUGH TRAFFIC. STAFF REPORT o S 8-83 PD PAGE 6 11.3.2 THE CITY OF TIGARD 'SHALL WORK WITH OTHER GOVERNMENTALBODIES FOR THE DEVELOPMENT' OF AN ARTERIAL ROUTE~ CONNECTION' FROM MURRAY BOULEVARD:OR SCHOLLS' FERRY .ROAD TO PACIFIC ' HIGHWAY. THIS ARTERIAL ROUTE SHOULD BE LOCATED WEST OF BULL MOUNTAIN, AND SHOULDNOTUTILIZE 'ROADS WHICH PASS THROUGH EXISTING RESIDENTIAL AREAS WITHIN TIGARD.` IMPLEMENTATION STRATEGIES 1. SW Gaarde Street and SW 121st Avenue (between Gaarde' and Walnut) shall develop as two-land roads with pedestrian-bicycle 'paths,' ? restricted parking and left turning lanes as needed at congested intersections. 2. The undeveloped land, along SW 121st Avenue (south of Walnut) shall be planned for development :in -accordance with the locational, criteria ` policies that apply to locating medium and higher densities' close to arterials and in accordance with the policies' for "Established" and "Developing" areas. t 3. The Tigard Community Development Code shall require site e development review for any development other than a single or two family structure. The site development review shall include- review of street right-of-way and pavement location. a C. TIGARD MUNICIPAL 'CODE. 18.56.010 Purpose. The purpose of the planned development district is to allow the Planning Commission and the City Council :the opportunity to review large and ,complex developments within this community. This r' designation is used to protect sensitive land areas, ensure reasonable conformance to the standards established in the underlying zones, address major transportation difficulties and allow a degree of flexibility not usually associated with development. In most cases where sensitive lands, open space, or park areas are included within a development, that development, whether commercial, industrial, or residential, shall be reviewed as a planned development district. This designation may be applied to both permitted uses and conditional uses in all zones. (Ord. 80-94 Section 1 (part), 1980). 18.56.021 Conceptual review. (a) The Planning Commission shall review the conceptual development plan and report and may act to grant conceptual approval, approval with conditions or modifications, or denial. Such action shall be based on the Comprehensive Plan, the standards of this title, and other regulations, and the suitability of the proposed development in relation to the existing character of the area. (b) Approval in principle of the conceptual development plan and report �y shall be limited to the conceptual acceptability of the land uses proposed and their interrelationships, and shall not be construed to ' endorse precise location of uses or engineering feasibility. The Planning Commission may require the development of other information a . STAFF REPORT 8 8-83 PD - PAGE 7 - _ than that specified in Section 18.56.030 to be submitted with the general development plan and report. However, the applicant should be as ;specific as possibleconcerning such issues as floodplain use, traffic circulation patterns, and density calculations, etc. The more accurate :the proposal, the, easier it will be for the :Planning Commission- to render a decision. In many cases, the conceptual and detailed development plan review process can be accomplished at one hearing.' (c) No appeal of a denial of a conceptual development plan and 'report' shall be allowed. The intent of the conceptual review is to ascertain staff, Planning Commission, and affected citizens' concerns relative to particular project. The applicant's 'responsibility isto address these concerns prior to a rehearing of the conceptual development plan before the Planning Commission. (Ord. 80-94 Section I (part), 1980). 18.56.030 Detailed development;, plan and report.'- (a) Upon receipt of an application for a detailed plan and report review, the payment of the appropriate fee, and the submission of all appropriate supporting documents, the Planning Director shall initiate a review of the detailed" plan and report. Particular attention shall be paid to the -issues developed as a result of the :conceptual development' plan and report review. If significant differences arise,, the Planning Director may schedule -'studysessions with the Planning Commission and the applicant toresolvethe issues prior to a public =hearing. Thereafter, if the Planning Director of Planning Commission agree, the applicant shall proceed to a detailed plan hearing. (b) The detailed development plan and report shall consist of final plans showing the project as it will be constructed. All material which accompanied the conceptual development plan and report shall be updated to reflect the conditions, concerns, and changes brought about by the preliminary review approval. All deviations or variances from the standards prescribed by this title in and in particular, in specific terms, all deviations or variances from the standards and specifications and requirements of Title 17 of this code, which are being proposed to be varied from, shall be addressed in writing with a showing that the public health, safety and welfare will be best served by such proposal. (Ord. 81-19 Section I (part), 1981; Ord. 80-94 Section 1 (part), 1980.) D. CONCLUSIONS s 1. Staff Comments ti There are approximately 47.81 total acres on the site; of which 42.81 acres are buildable and 5 acres are unbuildable (slopes in excess of 25%). { The buildable land will allow 193 dwelling units, 43 in Phase I and 150 in Phase II. Twenty-five percent of the number of units which could be accommodated on the undevelopable land may be transferred and placed on the developable land, not to exceed 125% of the allowed, density on the developable portions of the site. A density transfer of 5 units can : occur. With the density transfer the entire project can accommodate 198 � dwelling units. v STAFF REPORT - S 8-83 PD - PAGE 8 Mumma The applicant proposes 215 units for the site and identifies no sensitive land forms 'within the project - no slopes over 25%. There are no steep ,slopes in Phase I but` Phase `'II has more slopes over 25% than any 'similar size area in the City of Tigard. The extent and: location of steep sloped areas needs to be confirmed by' a registered engineer, when applying for preliminary plat approval of Stage II. The application specifies attached units in Phase II. Attached dwelling units are allowed only as -a conditional use in an R-7 zone. The Public Works Department reviewed the project and finds the sanitary i sewer and storm drainage plan acceptable. However, the' Department 'found the public street plan for the site not `designed to City standards. 121st Avenue should be designed for 60 feet of right-of-way ,and 44 feet of ,pavement. Also, no provisions were made for bicycle paths on the extension of Gaarde Street.' The Public Works Department found the V-notch private streets inadequately designed. They would like to see the load design of the private streets engineered to City standards'. The dwelling units within Phase I will be served primarily by the private loop streets. There will be accesses onto the loops from public streets. The loop streets will be one-way with parking only allowed on one side of the street. The Tigard Police will only go onto the private streets to answer a call. The City Council would have to adopt an ordinance allowing the police to enter private streets to issue traffic/parking citiations. The Tualatin Rural Fire Protection District has reviewed the project and . approves of the development with conditions which have been made a part of staff's recommendation. } F. RECOMMENDATION Staff recommends approval of S 8-83 PD with the following conditions: 1. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public h. improvements shall be submitted to the City's Engineering Division for review. 2. Construction of proposed public improvements shall not commence $. until after the Engineering Division has issued approved public r improvement plans. The Engineering Division will require posting } of a 100% performance bond, the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement just prior to, or at the time of, its issuance of approved public improvement S plans. 3. The final subdivision plat shall be recorded with Washington County prior to the issuance of any Building Permits. i STAFF REPORT S 8-83 PD - PAGE 9 4. No changes or modifications shall be made to approved; plans s without written approval from the appropriate City department. 5. The applicant must improve the existing right-of-way 200' north and east of the intersection of SW 121st and Gaarde to City interim standards. 6. Half street improvements shall be made to SW 121st Avenue where it fronts the applicant's project. 7. All on-site streets, curbs, and sidewalks shall be constructed to City standards. 8. If the 24 foot wide :private streets are made one-way, parking will only be allowed on one side of the street. 9. Hydrants are to be located at the intersection of 'Questor and Gaarde and at the intersections of Gaarde and the private streets. (Hydrants' shall be approved by the Tigard' Water District). 10. The applicant must 'provide bicycle lanes on the Gaarde Street extension within the project boundaries. 11. Phase II of the project, when submitted for Preliminary Plat Approval,: must include a "School Impact Statement that has been reviewed;by the appropriate school district official. 12. An additional five feet of set back plus the required twenty feet must be maintained on either side of the Gaarde Street extension. RECOMMENDED MOTION: Should the Planning Commission adopt staff's recommendation, the F following motion may be made: "Move to approve, with conditions, the applicant's request for conceptual and detailed planned development { approval and preliminary plat approval of Phase I of S 8-83 PD. " i I' PREPARED BY: t APPROVED BY: a K Steve Skorney, Wi liam A. Monahan, _ Assistant Planner Director of Planning & Development SS:1w/0235P STAFF REPORT - S 8-83 PD - PAGE 10 ENTER THE WORLD OF CENTURY 21 PROPERTIES 'October 12, 1983 ' Mr. William Monahan Planning Director City of"Tigard P.Q. 23397 Tigard, ;Oregon 97223 Dear Bill: Re: Park Place 'PD Following our Sept 13 meeting to define a sufficiency of detail necessary for; staff to review a conceptual and detailed plan and forward same to the Planning; Commission we have prepared the attached packet. I believe that you will find all of the data requested. Our proposal for an authority by the City ul Tigard to control traffic on the private drives without the City bearing maintenance responsibility is to place the following statement on the face of the recorded plat or "hardboard" . Each buyer of a unit will then G have this in their possession when they purchase. The 24 foot-wide driveways sho`,,n hereon are hereby dedicated to the City of Tigard as easements for streets and utilities. The City of Tigard will assume all rights to control traffic and parking but will have no responsibility for maintenance. Maintenance will remain the responsibility of the Park Place Homeowners Association." t As per present City policy, installation, maintenance and respon- sibility- of payment of electrical power to operate the street lights on the private drives will remain the responsibility of the Park Place Homeowners Association. Mr. Joe Cruelich has indicated to me that he misunderstood our plans and that either 2-way traffic without parking or one-way traffic with parking on one side will be acceptable on the 24 foot private drives. We still propose the one-way pattern with parking on one side so as to provide more than the minimum allowable parking requirements. ' c Please advise if we can be scheduled on the next available x Planning Commission adjenda. ' Very truly, r Robert N. Miller, P.E. 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Lu Q LU- C') Lrj i t r o CC f 1 _, r7l l � I 1 - W pw - Lu W i Q) ► ct- I w cn — t o m � ' — --- —- — 1 O Q O ! Q JQ i ! uj V) I V 111 v } `- r co cc O rn c� n1 I ! a Q - r Z ► O f I pO r i •O r O � � ; ar rU -- — - O }- U t I- cj� � ;. i S Ct I r Ul) ! b IBM- mull Po B t,,•. �x r; ,.?.��"�,,V+• i'„ Ira Canterbury B { �✓ t� �� i '1• ,a:�� ji —_ ��—� �. � -- ,- _ ��: .;.�=-- ;I�"�I 1! ,! 11 li�• li _ F 1` V Bedroom #2' , Dining - Loft — r (v aulted} Main Bedroom E ,4 Kitchen: -- �, Living Room � ,C.�I i Living Room Below E� (sunken) i W (vaulted) r D , Canterbury B U Upper Floor Flan t Canterbury B Lower Floor Plan Gar<<gt k i f, i —_ a t Copyright Q 1982 by Century 21 14ornes.Inc. �, I `I Americana js+ r ..moi 1 � qjt�� 1 h \ 4 `(''hY'3�N `: 1' \• • 4 ;' � r�3 rr.. o � - sj — ? lr, L., , 1 - ;So _ r n11CUCJ;- -- t ��.:II �'. r,�'t l 1+p�•--��!r�,--�T-=" �� ' '`� 1� �U[JC1[JL]UU�I`-I IL]C1L1L7r-3D 1= r Dining Bedroom ti. . f- .._. Kitc enj 0 :£°t "*^�<n 4h Living Room 0 vaulted/sunken) iW D Loft Main Bedroom (vaulted) (sunken) I Garage Dining/Living Room O Americana Below O Walk-in LoDwer 'floor Plan Closet s erIcana Upper Floor Plan Copyright®1981.by Century 21 Homes.line. ;fi,. Expandable 4. JL7 • x - i Expandable 11B 1 - Main Family Room Living Room C� Bedroom Kitchen rt (sunken) �---� Expandable ale 11 Uoser Den Floor Plan ,w; D! Dining n .. .,, "Eli ti� Bedroom J13 Bedroom H7 11 „ Garage Copyright 9)1982 by Century 21 Flomcs.Inc. CITYOFTIGARD WASHNGMN COUt-M,OREGON {;l idl Rt11., APPLICATION +'OIZM CASE No. ITY OF TIGARO, 12755 SW Asti, PO Box 23397 KECEIPT No. Tigard, Oregon 97223 - (503)639-4171 1. GENERAL INFORMATION FOR STAFF USE ONLY. PROPERTY ADDRLSS 13900 -SW 121st Avenue Associated Cases: LEGAL DESCRIPTIONTax_L-ot 401 in Sec 3 & 10, tax map 2S1 3 CC and Tax lot 1400 , Sec 4, map 2S1 4, T2S , R1W, WM �INTERNAL PROCESSING: -SITE size 47.50 Acres Accepted for "Pre-App.: PROPERTY OWNER/DEED"HOLDER* Century 21 Properties -Inc By: i Sute 112 nu�REss PHONE 297-1493 7412 S.W. Bvtn Hill5dalePre-App.: CITY Portland,';Oregon ZIP 97225 _ &Date rTime APPLICANT*�Century '21 Proaerties, Inc. Da - ADDRESS 7412 S.W. Bvtn-Hillsdale Hwy., Ste. 112 111IONE297-1493 Accepted for: Decision: CITY Portland, Oregon ZIP 97225 *Where the owner and the applicant are different people , the By: applicant must be the purchaser of record or a leasee in Hearing Date possession with written authorization from the owner or an agent of the owner with written authorization. The written Hearing Reset To: authorization must be submitted with this application. 2. REQUIRED LETTER OF AUTHORIZATION IS ATTACHED YES ❑ NO- I) Decision: filed &'mailed> 3. THIS APPLICATION INVOLVES THE FOLLOWING: APP. Comprehensive Plan Amendment FEE FILED PAID Accepted for Appeal: from to By, quasi-judicial legislative Date of Hearing: Zone Change from to quasi-judicial legislative DESCRIPTION: X Planned Unit Development Comp. Plan Designation: concept plan detailed plan 1000.00 _ X Subdivision ~ 280.00 'NPO No. Major Partition Minor Partition Zoning District Design Review Conditional Use Zoning Map No. Variance to. Zoning Ordinance (Title 18) Quarter Section No. Variance to Subdivision Ord. (Title 17) - Sensitive Land Permit STAFF NOTES: Floodplains Drainageways Steep Slopes Other TOTAL: ' f( GEgER,AL APPLICATION FOR^l - PAGE 2CAST: No.---- CITY o. _CITY OF TIGARD, 12755 SW Ash, PO Box 23397 'Tigard, Oregon 97223 - (503)539-4171 �-'JPPLEMENTAL INFORMATION (TO BE PROVIDED BY APPLLCANT) FOR STAFF USE ONLY Notice of Response ; DISTRICTS A ent Received _es o Yes SCHOOL DISTRICT Tigard WATER DISTRICT Tigard FIRE DISTRICT Tualatin PARK DISTRICT Tigard UNIFIED SEWERAGE AGENCY Sewer Available: YES NO 5. OTHER PUBLIC UTILITIES ELECTRICITY Portland General Electric F NATURAL GAS Northwest'Natural Gas 1 TELEPHONE General Telephone and Electric OTHER Storer Cable T.V. PUBLIC TRANSIT (TRI MET) NEAREST BUS ROUTE AND STOP 121 st and Gaarde, Bus 45 : "OTHER INTERESTED AGENCIES (SPECIFY) 0 Y fib CHARACTER OF THE AREA EXISTING LAND USE PLAN DESIGNATION ZONE VERIFIED BY STAFF e NORTH Single Family Urban Low Residential Density R-7 SOUTH Vacant. Single .._ Urban Low Famf� Residential Density 4 R-7 4 EAST Single Family Urban Low R-7 Residential Density WEST Vacant Single Urban Low Density R-7 Family Residential GENERAL APPLICATION FORM - PAGE 3 CASL No. CITYOF TIGARD, 12755 SW Asli, PU liox 23397 Tigard, Oregon 97223 - (503)639-4171 9. CHANGES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Please Discuss: A. The abutting land to the North and East is established single family residential. The abutting land to the South is vacant. To the West the land is owned by the applicant and is projected to be additional and residential . B. In general , the area is developing urban residential . 10. ' DESCRIPTION OF THE SITE Lot Area ('acres,' square feet) Site 47.80 acres 11. EXISTING STRUCTURES ON THE SM, Square Uistxnce. From Pro ert Line , Use Feet' North South East West House 1000 240 50 350 425 i y NATURAL CONDITIONS 12. Percent Slope: Varies. from 8.5% to 12.5% usually with one section to 20% in Phase 1. 13. Vegetation Types• Average Diameter Percent Of Each Yes No Size Of Trees Per Size Trees: X 6" Filberts (old) 95% Brush: X 12" Oaks 2% Grass: X 10" Firs 3% 14. Floodolazns•` _ X How much of the site is in floodplain?none 15. Water Courses X What type? 16. Rock Outcroppings x 17. Other: 18. Lr posed Development: Please briefly describe the proposed development: Phase I is detached Sindle`famil�, residential units as a_PUD. Phase II will be PUD'attarhed and detached y f y r CASE' No . GL'N ''RAI, Apl)L1C;ATION F01a.1 - PAGE, 4 -- - VO [Sox 23397 CITY OF TIGARD, 12755 SW Ash, Tigard, Oregon 972iis 23 - (503)639-417�1� 19. The following s ❑> :not required.* (Drives) 20. Overall Site'Development open 5 ace other Roads Total Residential Commercial Industrial oto. of acresnone 30.12 acres 5.63 4.15 ac 47.80 ac 7.90 acres none or square , feet per use11.8 87 100° 0 0 63.0 Percent of 16.5 site covers e } 21. T pe of Residential Use and Characteristics # of Bedrooms/U41t ' Proposed Density {{ of Units EFF. 1 2 3 t' Type of Use X X 4.5 units Sin 'le family resi- 215 dential 2,3, & 4 bedroom units Where applicable , please explain how the open space , common areas and recreational 1 22. s facilities-'will be maintained. Homeowners and the Homeowners association will have direct controls over the open space, common areas and recreational facilities and will mai r: { e . l project is to please describe each phase of the project. be completed in phases, k 23. if the proJ Phase 1 Will be 417etach attachednits and n Lots nits non3Lots 4 and 6. Phase I I am i 1 be Please submit the following with this application: 1, Written General Narrative, number as required by Planning Department. 2. Proof of Ownership lisant is not owner. 3. letter of authorization if app 4 'fax Map Staff will identify for you, whether this section is to be completed. CASE* Nu. GENERAL AI1111ACA'I ION F( *1 -- CITY OF TIGARD, 12755 SW Asti , PO'Hux 23397 Tigard , Oregon 97223 (503)639-4171 LHE FOLLOWING PEOPLE, AS KEQUESTF.0 BY THE APPLICAN'C, SHALL BE NOTIFIED OF EACH BEAKING. (e .g. Attorney, surveyor , Engineer) Staff Notice Notice eport Ik cis ion of Review Nam— Century 21' Properties Inc.: Phone: 297-1493 Street 7412 S.W. Bvtn-Hillsdale Hwy. , Ste. #112 Cit Portland state OR. Zip 97225 Name Bob Miller Phone: 585-7471 Street 5164 Bob's Court South Cit Salem State OR. Zip 97306 Name Street City State Zip N ame Street City State Zip APPLICANT Century 21 properties, Inc. VBY: OWNER Century 21 Properties, Inc Y SITE PLAN CHECK LIST The Tigard Municipal Code, § 18.56.020(2-) requires that the site plan include the following information when applicable. The enumerated requirements are to be located on a plan drawn to scale. This list is provided to assist you in submitting a complete application. Applicant Staff Applicable Complete _ES NO ES NO COMMENT A. IMPROVEMENTS 1. Streets X 2. SidewalksX 3. Parking areas X 4. Maneuvering areas X 5. Supply delivery X areas 6. Ingress/egress X points 7. Transit facilities X, 8. Landscaped`areas X' 9. Recreation & open X space areas 10. Drainage areas X' e-.. 11. Sensitive :land X areas & if'appli- cable; a tographic map is required D. NON RESIDENTIAL BUILDIN 1. Location of buildings X shown 2. Setback distances X shown 3. Typical elevation X drawings included 4. Access points for X the handicapped shown C. RESIDENTIAL UNITS 1. Number of square X feet & lot dimensions shown for each lot 2. Location of units X shown D, OTHER 1. Peripheral yards are X as deep as required by underlying zone 2, Lot coverage same as X allowed by under lyin _zone SITE DEVELOPMENT ANALYSISFORM v -o a U 9+ cc U ri 4 .� �zi 'b Ql �" tt! r: OO sn ,n to :. O aj t0 O N -U 0 U ; :3 '.w 0 til N H ►+ ►+ U Cn O to•.a W 1" 44 Total Sq. v o` Landscaping Total o o H oro o o Feet c. .a Sq. Feet z to Sq. Feet z sQ z w z c. BUILDINGS Single Family Units detached 68,800 16.5 1,312,030 1 344,000 430 1000 0 1000 0 attached or detached 275,200 unit Multiple Family '- COMT-ERCIAL List each structure none INDUSTRIAL- List each structure none Y SENSITIVE LAND AREAS Greenway Floodplains Drainage Ways Steep Slopes PUBLIC FACILITIES Streets 180,775 Park or Recreation Areas 547,485 Utility Easements 18,000+ Common Areas 1557,463 1557,463 LAND DEDICATED TO CITY List 180,774 S.W. Gaarde St. 85,500 121st 1,430 Ouestor Blvd. 93,844 f TOTA1. .082,23! DENSITY CALCULATION FORMS RESIDENTIAL DENSITY CALCULATIONS 1. Gross square foot area in applicable underlying zone 2,082,237 2. Number of square feet in sensitive land area designated as open space (floodplains,_drainageways greenways, or lands having='t:rZ slope or greater) none 25 , 3. Number of square feet in public dedications 180,775 4. Number of square feet in publicfacilities 245.200 (streets, sidewalks, utility easements, etc. subtotal 425,975 5. Subtractthe total number of square feet from 2,_ 3, and 4 above from the gross square foot area. Net Square Feet 1,656,262 6. Net square feet divided by the minimum lot size allowed in the underlying zone equals the density allowed. Net. sq. feet 1,656,262 + Min. lot size allow 7500 + 221 units acres 7. Proposed number of units 215 G S. Density bonus allowed (max. bonus = 10%) t C t: PARK PLACE_ Narrative by: Century 21 Properties, Inc. Applicant, Owner, Subdivider, Engineer 7412 S.W. Beaverton-Hillsdale Highway, Suite 112 Portland, Oregon 97225 Phone': 297-1493 ' Tax Lot 401 in Section 3 and 10 Tax Map 2S1 3CC and Tax Lot '1400 in Section 4 Tax Map 2S1 4 Township 2 South, Range 1 West, Willamette Meridian, Tigard, Washington County, Oregon. Each condominium unit is a detached structure with adjacent recreational and open space. In addition, the development will have a large open space separate from the housing so that picnic and other recreational facilities will not impact needlessly on the surrounding homes. The present zoning is R-7 PD and the plan designation is Urban Low Density which allows 4.5 units, per acre. Minimum lot sizes are 7500 square feet. This proposal complies with these criteria. An existing sanitary sewerage manhole exists on Gaarde approximately 150 feet East of the development. ` Sewerage is shown on the preliminary plat as all draining to this manhole. Two major water lines front the property on 121st. Tigard Water District has advised the Tigard Planning Commission hat water is available to this property (copy of letter is attached) . There are no dangers to the public health safety or welfare by approval of application r., fact the construction of the collector street through this dppi el.a�ivn. �� .,,, this development will form a valuable link in the "Murray Road Extension to Gaarde as proposed by the City of Tigard and Washington county. All public utilities and services are sufficient to serve this development. This development will provide a total of 12.60 acres of "permanent" open space on an eventual project total of 47.8 acres. This open space will be improved and maintained by an owner's association specifically for the use of its members. In addition, 4.28 acres of open, landscaped area (exclusive of driveways and roadways) will exist between the single family residences in the initial development of 43 units. The hones will be placed selectively on the sloping hillside such that the solar access and the view for each are retained. Private driveways will be desianed so as to obtain grade separation from the Murray-Gaarde extension w' ;ch ,'unctions as the main roadway through this project.. ?lthuugh some use of city recreational facilities is assumed, this should not be substantial, as casual recreational and picnic facilities will be available on-site. It is projected that each family unit would average one use per month of other city facilities. This projects to 43 family uses per Park,Place Narrative Page two ti month or 516 per year. This usage is assumed to be for group activities in general , such as softball , tennis,, swimming, etc. There are no sensitive land forms within this project area. Internal traffic patterns are limited to a maximum of six units in a grcup Ing with all traffic impacting the Murray-Gaarde extension:directly. Traffic can then move North to Scholls Ferry, Murray,,Beaverton, ,etc. 'or North on 121st, which fronts the East side of this project. Traffic can also weave to Pacific Highway, via Gaarde which extends Easterly from this project. Public transportation is;available at 121st and'Gaarde (bus #45). The density of this development is slightly less than 4.5 units per acre. The allowable density in the the underlying zone is 4.5 units per acre. Ownership of each individual is intended to rest with the 'occupant and each owner will have the right to sell the home and the membership in the home- owner's association to another. This proposed development is a single family, planned unit development with a density of less than 4.5 units per acre conforms with having described as allowable in this property in the comprehensive plan. No exceptions are presently contemplated. ' The single family aspect of this proposed development s is in,harmony with the existing single family housing now to the North and East of the project. South and West are presently undeveloped. ' The approval of this development will benefit this area directly as it will incorporate 'a key link of the Murray-Gaarde extension within it. Further, the type of housing projected on this very visible hiIIside will be much more attractive than more conventional subdivisions with straight streets and houses on the same vertical plane with views from your window into your neighbor's window. PARK PLACE PLANNED DEVELOPNIENT Affordable Quality Housing with Assured Public Service A City exists to assure public services to its citizens. At the same time, the Gaarde Street extension through this site sets up a,need'< for special treatment of the entire development'. At a point approx- imately 550 feet West of 121st St. the required street grade"necess- itates a -ten foot 'cut in the hillside; A ',system of privately maintained streetswas created to allow solutions to the,multiple problems of grades, drainage, pedestrian access to recreational areas and, most importantly, affordability of housing. At the same time, control of these streets will. vest to the City to assure public services to the citizen-owners of this planned development. AFFORDABILITY' Summarizing the following data, the planned development approach with its 24 foot private drives will allow unit costs more than $10,000 below that which would be the resultant of a "conventional" subdivision approach. It is then neces,,;ury to say that the conventional approach would end with lot 'costs (not profit) -exceeding; $30,000 each. This is >a result of normal street requirements competing'with the extremely awkard size and shape of this property. It is our opinion that a' conventional subdivision could neither be financed nor sold given current market conditions. ' VARIED HOUSING TYPES AND STYLES Theplanned development approach will allow a slightly more expensive version of the housing -types now being created in London Square. In fact, ,the success of the 'styles, private drives and housing siting in London Square has allowed this proposal to meet ,the -requirements of financial agencies. Each home can be situated on the hillside such that it is not competing for view nor will it limit the solar access of a neighbor. You will note 'from' the contours shown on the preliminary plan that each home will be set at an elevation different from its neighbor. Most homes will access from private drives. In lot 2, the homes nearest Gaarde will be almost 15 feet above the street due to the required street cut but grades to the homes from the private drives will not be extreme. Planned development will allow separation, view and the opportunity to create housing that will affordably fit this special site. PRIVATE DRIVES It is proposed that the 24 foot private drives be privately owned and maintained by the Homeowners Association. Control for traffic, parking and police and fire access will vest in the City of Tigard by easement. It would :,cern i:hen that the best of both can be attained here. A street system that v-notches in the center for drainage, ease of maintenance and access to the adjoining lots can be built. This type of street was used in London Square and is working very well. By not drawing the streets down at the edges and by not creating curb aprons to mount, homes can be better sited on the hillside and not be required to be dug deeply into the hillside. It is easy to visualize that a street cross section that goes up from the center to the edge can more easily continue up where the home is sited above the roadway. No awkward "steps" are created, less ground is taken for asphalt and more landscaping is allowed. Costs are substantially lower than "conventional® streets. A 32 root wide conventional street costs $37.80 per running foot. A 24 foot wide r IVA MIME, v-notched street costs $17.00 per` running foot. `' In addition, far fewer drainage structures are required and runoff problems are lessened as more rainwater is allowed to infiltrate the larger landscaped area. For this site and its peculiar property configuration', the private driveways will serve Tigard°s taxpayers and the homeowners; far more efficiently than "seas of asphalt" . WALKWAY ACCESS TO RECREATIONAL AREAS The private driveways will access to the walkway system shown on -the preliminary plan as a jogging path and nature trail. This pathway will connect all portions of the development and will traverse the highest point (elevation 412) to -the lowest point (elevation 260) . The walkway has been designed to follow the existing and proposed easements for gas, storm and sanitary pipelines.. This will provide access totheseeasements fnrthe utilities involved and, pro'�ably more importantly, assures that the walkways cannot ever be blocked °off by buildings. Once established, they will always be open. RECREATIONAL SPACE Besides the large amount of open space surrounding the living ,units, Lot 5, is proposed to be a permanent open space and recreational area. Ownership will vest in the Homeowners Association and the homeowners will decide what types to which types of recreational use it will be put . It has been our experience that arbitrarily imposed recreational uses rarely succeed. If the homeowners,here decide that they want picnic ' tennis courts or swimming pools, they facilities, playgrounds, will have the opportunity o do tYren a:: self-help projects. This will significantly reduce costs and make the purchase of their homes that much more affordable. An example might be a tennis court, prebuilt complete with lighting, is estimated; to cost 22 ,000. A double court could cost the buyers in Phase 1 over 1000 each. Done as a self-help project the costs would be in the nature of $3.50 per unit, assuming of course that these homeowners preferred tennis over some other type of facility. The Park Place homeowners should have the choice to create those amenities that they prefer. DEMOGRAPHICS FOR AFFORDABLE HOUSING The Park Place Planned Development will be only slightly more expensive than London Square, our prototype on SW 98th Street. Here, the homes will be larger and the open space significantly more but many of the buyers will share the same housing needs. In London Square a sampling of the reserved units shows that ; of 23 units, single parents and s.;nle. person;, made up 14. Of the 14, 8 were women and 6 were men. Agerwise, they were «il in their 30°s and 40's. Single pa rents much prefer to have Their own homes. Affordability is the key. Park Place will fill a serious need for affordable housing for many people. HILLS-DE RETAINED Almost as important as the affordability and livability of this development is the impact on the rest of the surrounding community. The neighborhood will look up at this development, literally. The Gaarde Street extension is required. g MWEE The alignment of Gaarde and the 10 feet of cut that it will create are given. The effect of this has been minimized as much as is practicable by a system of private streets that will fit into the hillside and that will allow the homes to be placed on the hillside without terraces that would forever be a blight on the view from surrounding homes. Because the 24-foot private drives will fit the hillside and be v-notched to the center, they will not be very visible from below. People will see landscaping, greenery, open space and homes. Moreover, these homes will not be set in rows but will be placed at ,`different levels with di:"ferent orientations and with different styles. The homeowners will have; the benefits that a City exists for; fire Protection, police protection, sewer service, water service, garbage service -- through easement access to the City. The Tigardtaxpayers will benefit by not having to maintain the F private streets or the open space in Park Place. ' k O I C,1 N 0 \ y f O • a Co ' m s ll°51 25•.W _ 216 ` f W w. 01'05'09-E 16361 o lK, w- � w 01 ISO /F Cn "JI p I� (J1 Wo I I I a 1 w rn i o 0 O D CD I z ED I I z f t I m a I I I 216 54 2C - 31139 !;26, 50 180' 132' N O ' '' _.. .., G R 202 5 •, 134 106' e 105• .. .150 110.70' fV in m \ • N O - - ow W N CD co 180' 134' a as i 1n t N0°21't NO°2TE 2Te nl +n "w"')f — s6 i2•��'W 105V, 110.70' \ p 'k CR a g 4/! No*.27 E NO°27'E LUJ Nr 0 z cm n. v C:z' Q C) LLI _. W s m o z m 3 N O Z c aro - o to lilt co ¢ N i I O Z 1 / \ • _ UJ Z n _ G 7 / M o, o57 V V O M Ob Ga DC7 to o 4 O 2 Oo tr)~ I„-OS i GQfi 7ti �i V q r77 M MM CITY 017 TIGARD PLANNING DEPARTPIFNT SCHOOL IMPACT S_TA'PE;11•:N`1' FOR RESIDENTIAL DEVELOP-.LINTS OF 4 UNITS OR P101tG Since one aspect of developmeent iripact relates to schools, the following information must be completed, and this sheet '.submitted to the Planning D:!partmQnt with the effected application. Please call 639-4171 if there are any questions. 1. 17HE FOLLOWING IS TO BE COMPLETED BY T11E DEVELOPER Name of person or firm developing the property Century 21 Properties, Inc. Person to contact David L. oringdulph Phone number 297-1493 mailing address Suite 112, 7412 Beaverton-Hillsdale Highway Portland, Gregon` 97225 Legal description of property being proposed for development (mai number and tax lot(s) number Lot 401 , MiaD 2S1_ �CC and fr. Lot 1400, Map '2-i T- In order to -expedite responses from the 'school district. involved, please inidcate a general vicinity description of the .property being proposedfor development. ',lest off of SCJ 121st Ave at SW Gaarde St Does the proposed development require a (please check appropriate box) Plan Amendment Zone Cnangc XXX Subdivision Variance Conditional Use Permit - Total number of dwelling units being proposed 43 __ Dul?_ Multiplex ;, multinle F'amil•, How many acres are involved in this pYoposal 9.46 _ When is c•nnstru:-tio:: likely to begin: year 1983 month —eUt - Is the developm^_nt to be- completed in phases. No IE so, how many and over what time period .. f When is the last unit scheduled to be completed: year --- SUBMIT THE COMPLETED FORM TO THE BUSSidESS OFFICE OF THE SCHOOL ICT I?•? WHICH THE SITE BEING PROPOSED FOR DEG`,T.OPnENT IS LOCATED II1. THE FOLLOWING IS TO BE COMPLETED BY A :'1ZOPRIATE SCHOOL DISTRICT DIAL [ SCHOOL NAME EXISTING ENR. _ E CAP,CITY Elementary Charles F. Tigard _ 484 Internsediate Fowler .Punier High 817 High Tigard Senior High � 1270 - Muliticnal CoTirnnts. The buildings '_'ected :-Ave the space to h. th•.! _ students who 3ould be expected to come from this development. f s information provided by: 684..2209 Date: May 26, 1983 TSI. RETURN TO DEVELOPER FOR SLiBMISSION WITH APPLICATION (Name & address on page 1) � k I moi'ARD ATTR DISTRICT 9041.0. W.COMMERCIAL ST. WATER TIOARO, OREOON 97883 pHUNE (503) :.639-1554:.. May 26, 1983 From. Tigard hater District To: City;of Tigard, Planning Commission P O Box 23397 Tigard, OR. 97223 Subject: Water Availability The Tigard Water District can provide the minimum State of Creyu: "N�-ter service requirements: It is the policy of the Tigard Water District to serve water to any 'property within the districtboundary;' property owners pay the pipe, construction, and meter costs. The district buys most of its water from the ;City of Lake Oswego (Clackamas River) and its availability to supply is subject to a mutual agreement. : Water is available for each lot at the lot line of Bechtold=Property, Tax lot 401 S 3 & 10,2S1_1 Tax lot 1400 Sec , at the timenof of or lease of each lot in quantity and quality for domestic use as determined by the Health Division of the Department of Human Resources. owner-applicant Centur 21 Pro erties Inc. Suite 223 7412 SW Beaverton-Hills a e wy, or an , R. Description BechtA01 Tax lot # 1400 Sec 4 2S1 4 Robert. E. Santee Administrator/Eng neer TIGARD WATER DISTRICT f e , cc: Century 21 Properties Robert N biller + - ej;oing is a true end cot•:ect o,•y cf the origi -1 the w-:,le thereof. �P.... • F. AMERIC, TITLE INS ; E COt.?ANY OF GREG A. rtix�Viz+ t _ 80002796 �- 1•.l:1aa11ai'f ltaii '1'110 SAi.ti VI' It1:Ai, ruurrarrY rt!i r1mP11.+n tdt,In.n.n•t lrmrana ri O,tFrH )1 '+5•r i•./•�' r n r t m.�.ic I i)1:) Z••L. tl•t)' oC January. 1980. •t?¢r" .ori'''`�'Ji�'i.� I IlI1= 1, i la- 11 JrA. "f%• , �K-1ldC�T` l,Plt:�on l.hl iK:\11tlitlllNl ltl . an Orc•�u+i «,rluraCiuc 1porati or UNC., an oceljo corporation p' ih�tv.l. -aitJ'LrNTlilil' 21 1'LVI'Y.UI'll:S. (t lruyer� e' _ I T N G S S 1 T li c sell .,lid 1 . itliC:i:f'1:+, b'cll�i ajc~ ,cr.t ihcrcinaCtcr�describcd;cs to e buy, the real.au l l:er ouil l i of j' y�V .. "�� rr'1 j.:z�SL�"1? • �ree.,.?nts herein tttl'IU'r' r, in an tis i_rc.ratign of .-set _cr th,. Seller - ' ,rt:tg' ao hc..male as ha.aei.:'a he terns au,i Core the i'` , e;);i t uycr: ces to u.. s�a a t P� -to =rLj 1 ll c r aa -Lain :roperty A 1 a.ttlt.*)t1 L .:. t!' ).:a t::is \.ia.r..enL. - -.. State of b: c - ire ... 1 wa lin3tCn. �•••. qs^' i....Al2s lli ihr L -: f'ai't i nlarlyes'ribc i as follov s: {� ar.cl'o; al,l)ivainatcly SS acres --- 1ecs, oC i-oal l,i'J)h)itj' situ.lie.l ily iy1:as i_Lon C..0: Iy. l:c re to aa3 i ccr`:.raLed p� art xaibitA ltt:a:3cai' - �• '" Herrin by this retescncr <::creinaf:cr ra11c3 b��,. .., ,,•Ss-- 1. -`se iracJc; -he Ltl ,.:ac =_`-'1- i_:r . �.. c r,::yc acre. nn5 l" aia2..00•..a3 scall be ,�a� :•ic 3s be 'he sura •�. ;� � � a-.e C da) ;^a si m o: ifi0v000.00 in ca<T. an`yS_1-er), a w t legs a:iy r:a:est yiuzey AeretoForc =+aid in Z'%S tb1 : .e remaini q =%rinci,al le �,aiar*e o: e - the un. o: a55a,5=3-:rG shall be 1`"4.: . ,� �,ti''!•r ,pl r , J: x119,52D DD .`.._ 7L-'j rate o s l:•t :_ -,,rr. r y �? z.: tiler {kali Z; . 'i"'-Is 1 fa'CS AL ..1 _ _c _ -„i J <= f T }•. url lvitaon ...losiry J.4-c - iP t J'000 DD .1 a — ,•c tn_es�� eh2Am:�•) 75•. 1460 0 10 ;,DJ. J A _te•c 1r.zc.r�si •lc lf.fl J 4 1:-. A._.:'JC•a 1r.L E.=c_� �.M•,f� sA.dtimr• :-el�'f•t�:,rY 1Ss `vll S�:i.LO . .. .. �y;;•.er.a•rc ,. -t 5ti 0,000-00 yt.all • :(ii) ^:tc :utlnnce o`. - �uYt+aanL 7t,') me tc•rmti ��f S: r:7 15Lan w tLi t, 5- �zli �+ .Atli:YAI4i do u11 G2 7 7-u= 4 [:1+'nn J,•. ...^.';P.:o7:i nntl Flit R � rlr, a^t;rm:•cr � i5'.�„ t-.e _ i4^l•t`:.7(tntE ni:.dJ•.. 1.5 i^),i'.:nr.*.tr teti �.t_,. t:aah�:'.ti'ri,E...=f i r,tignrnt in-':0 ca;rnw bl' 1 , ` N-11!r. �:+r,r ra:t 8 L:' 1' vr.nt into +c c� av: cstz— arm t P r 't•7AF in 'tuir phid t. 'tjtc t•wca:wt n. _ o nr iti_hrr1.•n]� i+,niZ'nCt-. +,S[ S'.—, ner.t to_ s.-mss •.,. urzrl•rc.a at.•• rl•tt:nrt -,n�ii. 4hvnL n t�iU)n<[ :> at•.l ' 5 Y: lyc•ua[ti'- •ionluGj• ,d PI 'ag`r•rLu,6., :n >•,� �% -- �; of��J.M6Uf3e�Ra"•'�` p�•'•� .. ... - •'��-'rte;�+ f M7 , e _ _ S - I i breach, default, or misrepresentation inconnectionwith any. of the provisions of this Agreement, the successful or prevailing Y 4' 1� girl party shall be'entithed to recover from the "losing party reasonable attorneys fees' and other costs incurred in that action or proceeding .d F •• and in any appellate proceedings relating thereto, in addition to any other relief towhichsuch party maybe entitled. 27. Real .PrIH Taxes: Real property taxes are to be prorated for the current year as fo closing and personal property taxes to be prorated on a calendar year basis. x �P, 23. IJumber, Gender and Captions: Unless the context other- wise requires, as used herein, the singular shall include the �- plural, the plural shall include the singlular,•the masculine • •w and neutes'shall each include the:masculine,' feminine and neuter, and generally all grammatical changes'shall be made, assumed and ` {• ' ✓'"^� 1+ ' implied to make the provisions hereof apply equally to one or more -• individuals and/or corporations. All captions used herein,are 1 intended solely forconvenienceof `reference and shall in noway have the `effect'of defining,' diminishing or enlarging ,the. rights or obligations of the parties or affecting the construction or i interpretation of any party of this contract. 29. Governing Law: validity,; interpretation, performance, - — remedies, and all other aspects of this' Agreement shall be governed by the laws'of the State of Oregon. kx'r'v�s r2 kY11 { 30. Entire Agreement: This Agree ` mc,-,t constitutes the ,�-x�.=,. i'�o•,��;,~ entire, final and complete agreement between the parties relevant ' to the subject matter hereof, and it`supersedes and replaces all written and oral agreements relevant to the subject matter hereof heretofore made or existing by and between the parties or their �� representatives. � r a 31. Credit for Attorneys Fees: Seller has agreed to payane-hrlf o¢ the attornefeesfor preparation of this Agreement s ` it:�T�T`L•'i+e e''"° �is,�i're,,CJ°a�' a , by Buyer'sattorney and accordingly Buyer shall be entitled to a credit on the down a Hent in the sum of $ P. Y• / ovn.00 1N IPITllrSS 1J}EPEOF, the parties have caused this Agree- ment to be executed in duplicate this _ day of January, 1980. e�` k� °• SELLER: LUeZ DEVELOFtfENT CO, •ti=9A By Y. 4Ij G N*, f At Lutz . C _ wf�s.ao-ta -.r:a.v7.•rl�r By Secretary BUYER; CENTURY 21 OP.F IES, INC,By WFW Dav' Oringdulph, Presxdent ur..JWrslh2rTX 8iR':+ x,fr✓,he�y.e, , � � ��• �. Rkff M _111;:0101 ..Yy F•9`L.•.tr"�C.4yT�a' v�,•'@t1'��. ,� - {., _ s..� f .r o, DECLARATION OF COVENANTS, COND14fONS AND RESTRICTIONS This Declaration is made on the date hereinafter set forth by Century 21 Properties, Inc. referred to herein as "Declarant". Declarant is the owner of certain property in the county of Washington, State of Oregon, which is more particularly, described as: ' PARK PLACE See Exhibit A attached hereto and incorporated herein which sets out the legal description of said property. Declarant hereby declares that all of the properties described above shall beheld, sold and conveyed subject to the following easements, restrictions, convenants and conditions, which are for the prupose of protecting the value and desirability of, and which shall run with, the real property and be bind- ing ind ing on all parties have any right, title, or interest in the described proper- ties, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. §k: gr f ARTICLE 'I DEFINITIONS Section 1 "Association" shall mean and refer to THE PARK PLACE HOMEOWNERS ASSOC- s IATION, a nonprofit corporation organized under the laws of the State of Oregon, its successors and assigns. Section 2 "Owner" shall mean and refer to the record owner, whether one or more E persons or entities, of a fee simple title to any lot which is a part of the i properties, including contract sellers, but excluding those having such interest 4 merely as security for the performance of an obligation. 4 Section 3 ,. "Properties" shall mean and refer to that certain real property here- i nbef ore descri bed and such addi ti ons thereto as may hereafter be brought ani the t in the jurisdiction of the Association, t: 100 ....x 7 Section 4 "Common area shall imean all real property 'owned by the Association for 4` the common use and enjoyment of the owners. The common area to be owned by the Association at the time of the conveyance of the first lot is described as follows: 1. All private roadways within the properties; At the time Declarant conveys ,the last lotto an owner, it shall execute a good and sufficient deed conveying the fee simple title to the tracts described in this paragraph to the Association, free and clear of all liens and encumbrances with the exception of this Declaration and the convenants, 'conditions,-restric- tions, easements and dedications set forth on the plat. Section 5 "Lot" shall mean and refer to any plot of land shown upon any recorded sub- division map of the properties, with the exception of the commmon area. Section 6 )' "Declaration" shall mean and refer to Century 21 Properties, Inc. , sid'its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from Declarant for the purpose of development. "ARTICLE 1I PROPERTY RIGHTS Section l Every owner shall have a right and easement of use and enjoyment in and to the common areas which shall be appurtenant to and shall pass with the title to every lot, subject to the right of Association to dedicate or transfer all or any part of the common area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unlessan instrument signed by three-fourths (3/4) of the members agreeing to such dedication or transfer has been recorded. Section Z Any owner may delegate, in accordance with the Bylaws, a right to use and enjoy the common area and facilities to the members of his family, in common with himself. Such right shall be deemed delegated without further act to his tenants or contract purchasers who reside on the property. YZ_ LIM ARTICLE III MEMBERSHIP AND VOTING RIGHTS Seo_'ti_on 1 Eve e a member of the Association. Membership ry owner of a lot shall b E rated from ownership of any lot shall be appurtenant to and may not be sepaE whist, is subject to assessment. Section I Each member shall be entitled to one (1) vote for each lot owned.` When person holds an interest in any lot, all such persons shall more than one (1) p themselves be members. The vote for such lot shall be exercised asbtehcyas with respect determine, but in no event shall more than one (1 vote 1 _ to any lot. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 . Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the properties, covenants, an 9.d ent-^nce of a deed therefore (whether or not it each owner of any v u C D; --- r-- shall be so expressed in such deed) is deemed to covenant and agree, to pay charges; and ts Association: (1) annual assessments or ablished�andlassessmecollectedn as for capital improvements, such assessments to be es t ether with interest, costs and hereinafter provided. These assessments, og reasonable attorney's fees., shall be a charge on the land sesdsmentshall sbe a con - tinuing lien upon the property against which each suc her with interest, costs and reasonable theattorney's Each such assessment, toget of fees, shall also be the personal obligation of the person �a such property at the time when the assessment fell due. The psonal obligation for delinquent assessments shall pass to his successors in title Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the r ecreation, health, safety and welfare of the residents in the properties, to improve and maintain the common areas 3 MOM Section 3 Until January 1 of the year immediately following the conveyance of the • last lot to an owner,,the maximum annual assessment shall be one hundred dollars per lot. A. From and after January 1 of the, year immediately following the convey- ance of the last lot to an owner, the maximum annual assessment:may be increased each year not more than ten 'percent above the maximum assessment for the previous year without a vote of;the membership. _ B. From and after January l of the year immediately following the convey- ance of the last lot to an owner, the maximum annual assessment may be increased above ten 'percent by a vote of two-thirds of the members who are voting in per- son or by proxy at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements.` In addition to the annual assessments authorized above, the Association may levy in any assessment year a` special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any con- struction, reconstruction, repair, or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto; pro- vided that any such assessment shall have the assent of two-thirds of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized under Sections 3 or 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all members not less than fif- teen days nor more than sixty days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty per- cent of all the votes of the membership shall constitute a quorum. If the required quorum is not present or represented at the meeting, another meeting may be called subject to the same 'noti.ce requirement, and the required quorum at the subsequent meeting shall be the same as the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting, -4_ _ _ _ Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Assessments against any one lot shall in no case exceed the value of that lot. Section 7. Date of Commencement of Annual Assessments: = Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the common area. The first annual assessment shall be adjusted according to the number of months _x-- remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period.' Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the a Board of Directors. The Association shall , upon demand and for a reasonable charge, furnish a certificate signed by anofficerof ,the Association setting f forth whether assessments on a specified lot have been paid.` Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. t. Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of fourteen percent per annum. The Assoc- t iation may bring an action at law against the owner personally obligated to E pay same or foreclose the lien against the property; and interest, costs and reasonable attorney's fees of any such action or on appeal thereof shall be k added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common area : or abandonment of his lot. Section 9. Subordination of the Lien to Mortgaa es. , The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not effect the assessment lien. No sale or transfer shall relieve such lot from liability { for any assessments thereafter becoming due or from the lien thereof. i i ARTICLE V ARCHITECTURAL CONTROL AND GENERAL PROTECTIVE COVENANTS_ '" 5 : t Section 1. ArchitecturalControl . The Association desires to preserve and compliment the natural beauty of £ Cambridge Square. To that end no building', wall or other major structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior additional to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by an Architectural Control Committee composed of three or more representatives appointed by the Board of Directors of the k' Association. In the event said Board, or its designated committee fails to approve or disapprove such design, location, addition, change or alteration } within thirty days after said plans and specifications have;been submitted to it, approval will not be required and this section will be deemed to have been fully complied with: B. Other than as necessitated by construction approved pursuant to Section I of this Article, no owner or occupant shall remove any live tree from the properties where the `diameter of the tree is equal to or greater than ` four inches without approval of the Board of Directors, and, in no event, shall any owner or occupant be permitted to randomly clear a lot of trees and other vegatation. is s C. No lot shall be used except for residential purposes. No build- ings shall be erected, altered or placed on any lot other than one detached single family dwelling and private garage or carport for not more than two, nor less than one automobile. £ Ei D. The construction of the dwellings shall be substantially completed within nine months after started. No dwellings shall be occupied prior to f substantially 100 percent (100%) completion. E. Residential landscaping must be completed within six months of i occupancy of any residence. s t f _b SEEM F. All telephone and electric power service wire connections. to the main telephone and power ,systems shall be placed underground. G. No antenna shall be erected above a height necessary for local television reception. t ;k H. All mailboxes and standards as well as all driveway lights must 4 conform with those models,selected by the Architectural Committee. r I. Fences are allowed in rear yard areas only and cannot exceed si:x feet in height. They are not allowed beyond; f 1."' Depth: (a) Interior lots,: the width of the lot j 2. Width: (b) Corner lots the width of the house plus interior side yard. Section 2. General Protective Covenants. All properties, and all living units constructed thereon, shall be constructed, maintained and used in accordance with the following protective covenants: A. Once the initial sale of lots in the development is complete, no kind owner or occupant shall post any advertisements, posters or any in or on the properties except as authorized by the Association. This pro hibiti.on shall not include one political si.gn or "For Sale" or "For Rent" sign placed by the owner or by a licensed real estate broker, not exceeding eighteen inches high and twenty-four inches long on any lot. B. No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, or within any structure located on,any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business, nor any vehicles in excess of 6,500 pounds gross weight used for private purposes, be kept, parked, stored, dismantled or repaired upon any lot or on any street within the properties without the prior approval (each approval to be for a one year period) of the Association, nor shall anything be done on any lot which is or may become an annoyance or nuisance to the surrounding properties. e. -7. C. Those owners or occupants keeping domesticanimals will abide by the County sanitary regulations, leash laws and rules or regulations of the Association created by the Board of Directors. No animal or fowl of any kind shall be raised, bred or kept on any lot, except that cats, dogs, birds or other household pets may be kept if they are not bred or maintained for any commercial`purpose, and in any event they shall not be kept in numbers or under conditions so as to become a nuisance to the surrounding properties. . D. No lot or part of the common area shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for property disposal . ' Yard-Takings and dirt and other material resulting from yard maintenance or landscaping work shall not be dumped onto streets or other common areas. Should any owner or occupant fail to remove any trash, rubbish, garbage, or other such materials from his lot or any street or common area where deposited by him within ten days following the date on which notice is mailed to him, by the Association, the Association may have such materials removed and charge the expense of such removal to the lot owner as part of the monthly assessment for his lot. This prohibition shall not include a well-maintained compost pile. ARTICLE VI , GENERAL PROVISIONS Section 1. Enforcement. The Association or any owner shall have the right to enforce by any pro- ceeding at law or in equity, all restrictions, conditions, covenants, reser- vations, liens, and charges now or hereafter imposed by the provisions of this Declaration. The Board of Directors shall be specifically charged with the duty of enforcing the provisions of this Declaration on behalf of the members of the Association. Except for the provisions of Article V, Section 1, subsection H, any provision in this Declaration may be waived by the Board of Directors upon a petition by a member of the Association and after notice to the other members and a hearing on the petition. Failure by the Association or by any other owner -8- to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by Judgment or court order shall in no way affect any other provisions, which shall re- main in full force and effect. Section 3. Amendment. The covenants and restrictionsofthis Declaration shall run with and mind the land for a term of twenty '(20) years from the date this Declaration is recorded, after which time they shall be automatically extended for"success- ive periods of ten (10) years. This Declaration may be amended at anytime by an instrument signed ;by not less than ninety percent (90%) of the lot owners. Any amendment must be `recorded. Section ;4. Leases. Any lease agreement shall provide that the terms of the lease shall be sub- ject in all respects to the provisions of this Declaration and that any failure by the lessee to comply therewith shall be a default under the lease. All leases shall be in writing. ARTICLE VII MORTGAGES Section 1. Definitions. As used in this article, the term "mortgagee" shall include the beneficiary of a trust deed or a contract seller. "Institutional holder" shall mean a mort- gagee which is a bank, savings and loan association, established mortgage com- pany, or other entity chartered under federal or state laws; any corporation or insurance company; or any state or federal agency. Section 2. !Notice to and Consent of Mort9a4ees; .Rights of Inspection. R A. Notice of Default by Mortgagor. The Association shall give each mortgagee written notification of any de- fault by the mortgagor of such unit in the performance of such mortgagor's obli- gations under the project documents which are not cured within thirty (30) days. ego B. Written Consent of Mortgagee Required in Certain Cases. Unless all institutional holders of first mortgage liens on lots have given their prior written approval , the Association shall not: (i) Change the`prorata interest or obligations of any lot for'pur- poses of levying assessments or condemnation awards and for determining the pro- rata share of ownership of each lot in appurtenant real estate and any improve- ments thereon which are owned ,by the owner in the properties in undivided pro- rata interests (common area); (ii) Partition or subdivide any lot or the common area; (iii) By act or omission seek to abandon the :common area except as pro- vided by law in case of substantial loss to the lots and common area; (iv) By act or omission seek to abandon, partition, subdivide', encum- ber, sell , or transfer the common area. The granting of easements for ,public` utilities or for other public purposes consistent with the intended use of the common area shall be deemed a transfer within the meaning of this clause; (v) Otherwise materially amend this Declaration in any manner substan- tially,affecting the rights of the first mortgagee. C. Proxy held by Mortgagee in Certain Cases. The first mortgagee or beneficiary under a trust deed may attend a meet- ing of the Association with the proxy of the mortgagor of said lot for the pur- pose of voting to maintain the common area; provided, however, such right shall arise only in the event the mortgagee reasonably believes the Association has failed to maintain the common area in sufficient manner to prevent excessive wear and tear. The first mortgagee shall, upon written request to the Association, be entitled to receive the same notice of all meetings thereof as is required to be given the members of the Association and shall be entitled to attend all such meetings through a duly appointed representative, regardless of whether entitled to vote thereat by proxy as above provided. D. Right to Inspect Books and Records. All first mortgagees shall have the right to examine the books and re- cords of the Association upon reasonable notice and at reasonable time and, on written request, to receive copies of all financial statements prepared by or for the Association. -10- 1 MEW s Executed by Declarant 19 • r SY P Sid Century 21 Properties, Inc. STATE OF OREGON ) ss. COUNTY OF Personally appeared __ '- who being duly sworn (or affirmed) did say that he/she is the 'president of Century 21 Properties, Inc. , and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and he/she acknowledged said instrument to be its voluntary act and deed. Before me: (,SEAL) Notary Public for Oregon ,My Commission Expires: r `•� tF. -:, ��-1 I J -li- MWIP 1 OMNI 3 �r Item 415 will be held over to February 20, ;1984 City Council'Meeting. N - t t f' I : CITY OF TIGARD, OREGON COUNCYL `AGENDA ITEM SUMMARY AGENDA ITEM i, AGENDA OF: 2-13-84 2-8-84 PREVIOUS ACTION: Tabled at the DATE SUBMITTED: 1-30-84 Council Meeting ISSUE/AGENDA TITLE: SPACE NEEDS III Council REQ $' UESTED BX: . REPORT t: CITY ADMINISTRATOR: DEPARIM^NT BEAD OK: INFORMATION SUMMARY At the January 30, 1984 'Council meeting, the Space Needs III Report was resented by and a representative from the Library Board. Council's motion was to have the Space p or his designee, expertise to Needs III Committee Chairman, ecifications, site Attorney's office authorized to obtain necessary the City building standards and sp determine acquisition costs: ., improvement r costs'in g eneral to ms$an00a becallocated foor thoseactual expenses needed. Council authorized up subcommittee which may be incurred by the fa report on The subcommittee will offer 2-13-84. _ information copies of three resolutions which Staff has enclosed forour r y Options to the voters for might be passed if Council wishes to send any P remodel" option; tim new build" op and Resolution D is a consideration at this time. Resolution B is for a �b°Y.� & -' — to be considered by the voters (Resolutions Resolution C is for for both issues acket If you resolution calling our 1-30-84 p B & rte), The Space Needs lReport contact I,oreen Wilson by Monday noon. -- of this, P need copies ALTERNAT%VES CONSIDERED srsssfs anaar�a¢�er,ea=�,e�r=s�:z�zc==�-=r_=_ SUGGESTED ACTION i a/ MEMORANDUM CITY OFTIGARD, OREGON January 25, 1984 TO: Mayor and City Council FROM: Bob Jean, City Administrator 9 SUBJECT: Space NeedsIIIAction Alternatives Consistent with our Groundrules to try to always allow Council rmaximum flexibility as to its decision options, I have prepared the necessary action items by each of the Library Board/Space `;Needs' III Review Committee's recommendations. The Review Committee has recommendations"in four categories, three, of which require voter approval of General Obligation bonds and the fourth requires lease negotiations. > The election dates and filing deadlines for the next;few elections are: ELECTION FILING DEADLINE March 27, 1984 February 22, 1984 May 15, 1984 March 15, 1984 June 26, 1984 May 23, 1984 L. Three resolutions and a motion have been prepared for: 1. New Library and rentals, Resolution A; 2. Land purchase and remodel (Crow), Resolution B; 3. Land purchase and new build (Sturgis, Sundeleaf, Air King, or GTE purchase instead of rental), Resolution C; and 4. Lease/Build-To-Suit - A motion directing staff to prepare bid specifications would be required. Additional facts Council may want to consider are that the current City Hall lease and the Library lease both require renegotiation by April 1, 1984. Should the Council not reach_ a decision this Monday, January 30, 1984, but still want the full Council to decide, Councilor Cook has advised me that he will not be available for the February 6th or February 13th dates. Either a Special Meeting or this item added to your February 20th meeting would be needed Finally, Council should be reminded that all of these studies and scenarios are only comparative analyses. Under the State Public Contracting Law, the specific site purchases and construction costs must be the result of competitive sealed bids. The Review Committee's task was to standardize scenarios for comparison and not negotiation. All information submitted to date is just for comparison and has no legal standing or binding on anyone. { The City Attorney may be able to advise you further. RWJ:lw/1.184A O'DONNELL. SULLIVAN & RAMIS DATE February 13, 1984 ATTORNEYS AT LAW L- 17.27 Ne W. HOYT STREET To Honorable Mayor and Members of the Council PORTLAND,.OREGON 97209 _. (503) 222.4402 FROM City-Attorney f RE., Attached Alternative For Ballot Measures For City Building Attached, please find another set of alternatives open to the Council for the acquisition of one or more sites for a- City ,Building. You will 'note that there are two sets of alternatives ,in the attached proposal to be decided by the voters. Measure No. 51 deals with the authorization by the voters of an (unspecified) amount of City General Obligation Bonds for a City Building. The Council must, if it passes this or any other resolution dealing with authorization for General Obligation Bonds, fill in the amount 4 proposed to be authorized by the voters. The other options deal with specific sites. The Council need not send the site selection to the voters and may rest with Measure No. 51 and no further measure need be submitted. Further, the Council has the alternative of submitting the site selection to the voters on a non-binding basis. I have assumed in the attached resolution that the Council wishes to ° submit any proposed site acquisition to the voters for a bindi% direction. Hence, I have drawn the ballot measures regarding the acquisition of specific sites in the alternatives. There were three alternatives which I understand the Council has considered in the past. They are the Sturgis site, the Air King site and the 'Crow :site. Council may submit all three or one or two of the measures, ;or as,I mentioned above, nothing by way of site selection. Council also Must select the date for the election. There is a special election available on March 27, 1994. The Council may also wish to submit this matter at the May primary, or at any other fut"n C a— i that it chooses _a_ election date The above represents many different choices for the Council I would be happy to discuss any of the alternatives with you; however, this is a policy decision for the Council and for which it must give staff and legal counsel direction. ES/iw11185A E' r CITY OF TIGARD, OREGON S., RESOLUTION NO. '84— A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ELECTION TO SUBMIT TO THE REGISTERED QUALIFIED VOTERS OF THE CITY SEVERAL MEASURES AUTHORIZING THE CITY COUNCIL TO SELL GENERAL OBLIGATION BONDS TO FINANCE THE PURCHASE AND CONSTRUCTION OF A TIGARD CITY BUILDING. , d WHEREAS, three separate Space Needs studies have been conducted by the Civic Center Committee, City Staff and reviewed` by the Library Board and that at least three different'architects have advised on these studies; and WHEREAS, full public consideration and opportunity for input has occurred over the past three' years; and WHEREAu, the City Council now finds that additional space is needed immediately for Library and Police, and further thatadditional space per the Space Needs III Review is needed in the near future; and WHEREAS, ,the City Council now finds per all the studies that renting needed space;is more expensive both short-term and long—term than owning; and WHEREAS, the City Council. now finds based on these studies that City property taxes can be " lower by owning instead of renting needed City buildings; and WHEREAS, the City Council has considered the recommendations of the Space Needs III Review and has several options which are the best possible alternatives 'in meeting the needs of the community. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: A special election is hereby called to be held in the City of Tigard on , between the hours of 8:00 a.m. and 8:00 p.m. _ at the polling places designated in Exhibit A for the purpose of submitting to the registered, qualified voters of the City of Tigard the propositions set forth in the attached Exhibits: SECTION 2: The following ballot titles and explanations are hereby approved with respect to the following measures for which purpose the following ballot titles, numbers and, forms in which the questions shall be printed upon the official ballots are prescribed: NOTE TO COUNCIL: Here insert measures to be submitted to the people,) PAGE I RESOLUTION NO. 84— SECTION 3: The City Recorder is hereby authorized and directed to certify in the manner provided by jaw to the Director of Records arid Elections of Washington County, Oregon, the foregoing measures for inclusion on the ballots to be prepared by such Director for voting at all precincts within the City of Tigard, as set forth in Exhibit A herein, at the Special Election of SECTION A: The Tigard City Recorder be, and hereby is, authorized and directedto undertake all necessary and convenient acts to facilitate the inclusion' of these ' measures on the _, Special Election ballot for the approval or rejection of the qualified voters of the City of Tigard and is further authorized ;and directed to give notice of the above--described election and proposal in the following manner: (a) oy posting notices of the election, substantially in the form set forth in Exhibit A, one at each of the designated posting 'places in each of the precincts in the City, not less than ten (10) days prior to the date of the election and also; (b) By publishing, the notice of ;election substantially in the form set forth in Exhibit A, in the Tigard Times once each week for two consecutive weeks, the first such publication to be not less than fifteen (15) ;days and the last such publication to be no less than four (4) days prior to the date of the aforesaid Special Election. PASSED: This day of 1984, by the Council of the City of Tigard, Oregon. Mayor — City of Tigard ATTEST: Deputy Recorder — City of Tigard-- APPROVED AS TO FORM: City Attorney -- RESOLUTION NO, 84—^ Page 2 EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF TIGARD NOTICE IS HEREBY GIVEN that the City of Tigard will hold a special election on Tuesday, between the hours of 8:00 a.m. and 8:00 p.m. at the following places: PRECINCT NO. POLLING PLACE 30 Tigard Community Center - 12645 S.W. Ash 31 Charles Fl F. Tigard Grade school 12985 S.W. Grant 32 Charles;F. Tigard Grade School - 12905 S.W. Grant 33 Fowler junior High School — 10865 S.W. Walnut 34 Templeton Grade School — 9500 S.W. Murdock 35Phil Lewis Grade School - 12615 S.W. 72nd 40 Twality'Junior High School — 14650 S.W. 97th al, Summerfield Club House — 11203 S.W. Summerfield Dr. 46 Progress Bible Church —:12930 S.W. Scholls Ferry Rd. 180 Summerfield Club House-- 11203 S.W. Summerfield Dr, 194 Tigard Community Center 12645 S.W. Ash 195 U.S.A. Durham Facility 16580 S.W. 85th Ave. The purpose of this special election is to submit to the,registered, qualified voters of the City of Tigard the following propositions: The particulars of each proposed acquisition are on file at Tigard City' Hall, 12755 SW Ash Avenue, Tigard, Oregon, with the City Recorder and available to the public during regular business hours. CITY BUILDING GENERAL OBLIGATION BONDS 51. SHALL THE CITY COUNCIL BE AUTHORIZED TO SELL GENERAL OBLIGATION BONDS UP TO $ FOR CITY BUILDING PURCHASE AND CONSTRUCTION. EXPLANATION This bond issue would fund a City Building. Land would be purchased and buildings remodeled or :constructed for Library, City Hall and Police facilities. The General Obligation Bond'authorizes a tax levy to repay the debt. In the following three measures, voters will select from the :alternatives, the site to be acquired for the City Building in .the event this measure is authorized. CITY BUILDING LOCATION'-`OPTION A 52. SHALL THE CITY OF TIGARD ACQUIRE LAND ON BURNHAM STREET AT HALT_ BOULEVARD (AIR KING SITE) FOR CITY BUILDING. EXPLANATION If measure Number 51 passes, this measure would" require the City Council purchase the land located on SW Burnham Street and Hall Blvd. (Air King site) as the site for the City Building. This measure and measures numbers 53 and 54 are competing measures. If more than one of these measures are approved, only the measure receiving the most affirmative votes will be authorized. _ CITY BUILDING LOCATION —.OPTION B 53. SHALL 'THE CITY OF TIGARD ACQUIRE LAND ON BURNHAM,STREET AND HALL BOULEVARD (STURGIS SITE) FOR CITY BUILDING. EXPLANATION If measure Number 51 passes, this measure would require the City Council ourchase the land located on SW Burnham Street and Hall Blvd. (Sturgis site) as the site for the City Building. This measure and measures numbers 52 and 54 arecompeting measures. If more than one of these measures are approved, only the on receiving the most affirmative votes will be authorized. CITY BUILDING LOCATION — OPTION C 54. SHALL THE CITY OF TIGARD ACQUIRE LAND ON ASH AVENUE AND BURNHAM STREET (CROW SITE) FOR CITY BUILDING. EYPLANATION If measure Number 51 passes, this measure would require the City Council purchase the lard located on SW Burnham Street and Ash Avenue (Crow site) as the site for the City Building. This measure and measures numbers 52 and 53 are competing measures. If more than one of these measures are approved, only the measure receiving the most affirmative votes`a,ill be authorized. Loreen R. Wilson, Deputy City Recorder EXHIBIT B' "CITY BUILDING_GENERALOBLIGATION BONDS 51. 'SHALL ;THE CITY COUNCIL BE AUTHORIZED TO SELL GENERAL OBLIGATION BONDS UP TO $ > FOR CITY'BUILDING PURCHASE AND CONSTRUCTION:' EXPLANATION This bond issue would fund a City Building. Land would be purchased and buildings- remodeled or constructed ' for Library, City Hall and Police facilities. The General Obligation Bund rauthorizes a tax levy to repay the debt. In the following three measures, voters will select from the alternatives, the site to be acquired for the City Building in the event this measure is authorized. I i Mark a cross (x) or check { ) inside the voting square to indicate your choice. YES [ ] I vote to authorize the City of Tigard to sell General Obligations Bonds not to exceed 't $ for City Building purchase and construction. t f NO ] I vote against authorizing the City of Tigard to j sell General Obligations Bonds' not to exceed $ for City Building purchase and construction. ' t E i 5 t I F { k 11 M w EXHIBIT' C �r CITY BUILDING LOCATION — OPTION' A — 52. SHALL THE CITY-' OF TIGARD ACQUIRE LAND ON BURNHAM STREET AT HALL BOULEVARD (AIR KING SITE) FOR CITY BUILDING. EXPLANATION If measure Number 51 passes, this measure would require the City Council purchase the land located on SW Burnham Street and Hall Boulevard (Air King site) as the site for the City Building. This measure andmeasuresnumbers 53 and 54 are competing measures. If more than one of these' measures are approved, only the measure receiving the most affirmative votes will be authorized. PSar--k across (x) or check ( ) inside the voting square to indicate your choke I vote to ;authorize the City of Tigard to acquire land' located on SW Burnham Street and Hall Boulevard '(AIR KING SITE) for City Building. RESOLUTION NO, 64— _ . 3 EXHIBIT D CITY BUILDING LOCATION = OPTION B 53. SHALL THE CITY OF TIGARD ACQUIRE LAND ON BURNHAM STREET AND HALL BOULEVARD (STURGIS SITE) FOR CITY BUILDING. EXPLANATION If measure Number 51 passes, this measure would require the City Council purchase the land located on SW Burnham Street': and Hall Boulevard (Sturgis site) as the site for the City Building. This measure and msasures numbers 52 and 54 are competing measures. If more than one of these measures are approved, only the measure receiving the most affirmative votes will be authorized. Mark a cross (x) or check"( ).....inside the voting 'sguare` to 'indicate your choice._ [ ] I vote to authorize the City of Tigard to acquire land located on SW Burnham Street and Hall Boulevard ' (STURGIS SITE) for Building purchase and construction. RESOLUTION NO. 64— EXHIBIT E C CITY BUILDING LOCATION - OPTION C 54. SHALL THE CITY OF TIGARD ACQUIRE LAND ON ASH AVENUE AND BURNHAM STREET (CROW,SITE), FOR CITY BUILDING.' r EXPLANATION' If measure Number 51 passes, this measure would require the City Council purchase the land located on SW Burnham Street and Ash Avenue (Crow site) as the site for the City Building. This measure and measures numbers 52 and 53 i are competing measures. if more than one of these measures are approved, only the measure receiving ;the most affirmative votes will be authorized. F Mark a cross (x) or check ( )....inside the voting square to indicate your choices e C I vote to authorize the City of Tigard to acquire # landlocatedon, SW Ash Avenue and Burnham Street t (CROW SITE) for City Building. RESOLUTION NO. 84- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1� f AGENDA ITEM k AGENDA OF: 2-33-84 PREVIOUS ACTION: DATE SUBMITTED: - 2-8-84 - r f� ISSUE/AGENDA TITLE: Budget_ _ ittee Term Extensions REQUESTED BY: Comm CITY ADMINISTiRATOR: DEPARTMENT HEAD OK: INFORMATION SUMMARY: ar Currently, the Tigard Budget Committee terms of office expire on December 31st 'every';three 'years: This eachSeear�meTolallow1tye4JBudgetheneCommittee fiscal eto does not end until June 30 Y complete a-fiscal year without a change;in membership, staff recommends charging the expiration date for term of office to June 30th. a�8S944iSSSt S SCGB'=sLSffi=S1Y12�TSCSSSSiCC=SSL 9CS�G=---- FF,T EtNATIvES CONSIDERED csuwasszca azs,aauaaa===aas r.....a=szcaz= r ..— SUGGESTED ACTION Staff recommends Council approve the attached resolution which will change the,ierr of office for the Budget Committee members to expire June 30th. CITY OF'TIGARD, OREGON COUNCIL AGENDA ITER! SUMMARY AGENDA OF: p� - g 23 'q AGENDA ITEM k: r DATE SUBMITTED: January 31. 1984 PREVIOUS ACTION: Placed na ISSUE/AGENDA TITLE: Bramble Bend Maintenanre lune 7 1484 (Release of Letter of Commitment) REQUESTED BY: Engineering/Public Works Maintenance Bond DEPARTMENT HEAD OK: CITYADMINISTRATOR: nsaasaaasa..... ...... aassacaa ------ INFORMATION SUMMARY "Bramble Bend" was a small (4 lot) sanitary sewer extension project located just south of Murdock Street on S.W,. .109th Avenue. The project was placed on the required maintenanace guarantee period June 7, 1982. A letter of Commitment:from the Canadian Imperial Bank of Commerce, in the sum of $1,230.26, served as the guarantee bond. The maintenance period has now been satisfactorily completed, therefore the letter of commitment (bond) can now be released. nada®m�sxueeaeeasn:aa:m,....ac....asvaxameacssaasasaaaaxsaasassaasaascsssa......----------- ALTERNATIVES CONSIDERED ra�rmoee sa¢�,sar_r................ .cacs:a ------- N -----sesma SUGGESTED ACTION The Engineering Department recommends that the maintenance guarantee bond for Bramble Bend sanitary sewer extension publicimprovement be authorized to be released by the Tigard City Council via the attached form letter. z . d' WASHINGTON CCM OREGON January 19, 1984 Canadian Imperial Bank of Commerce Portland`Main Branch 504 S.W. 106 Portland, Oregon RE: Bramble Bend (Letter of Commitment) Dear Sir:.: f $1,230.26 (One Thousand Two Hundred and Thirty In the matter o Dollars and Twenty-Six Cents), that was a commitment between J.D.G. Developments the Canadian Imperial Bank of ,Commerce and the serve as official notice to the Canadian City of Tigard, this is to Imperial Bank of Commerce from the City of Tigard to release to J.D.G. Development the sum Of $1,230.26 (One Thousand ,Two Hundred _ .., and Thirty Dollars and Twenty-Six Cents), which was provided as a maintenance guarantee bond. City of Tigard by LB City Recorder cc/File ccs J.D.G. Development -_ 12755 S.W.ASHP.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 a 4'_ ME i'll 1 D sTA U w L I CI ;tC t 70 ; " �__zT r �s•X Hoxr D xoj1 ST ( 1aC1_-- nl DAxoTn w w 1 f G(,y;ifR III I:CIN '^ Sw ^-.•"-�t' T['. 1r 3 3 T II Li lu w —HEbA. SUYMER�• R, qi „ ; a j N � t \ I I� Sw ST. J 1• v :. .e i I !C Sw aL®� O S.w. TIOAR6 ST. m a A°VFRCRES T DRIVE. I F 2 4�. GI I [� I1 C P LEWIS FxiTrl 2�9. x[x a a W I\ TARGE S 1 ._ II i4 YEADOW ; A EL ALCON RI IDIR. s X`�TNERI Pl. ` LI ]1-]CRT [pyTZF „ rr saD'jsr. Nerpyyyyp.. N SW AhN sT. 3 NIAL SWC SWNARE(E.I /.HVtE L : 1.-.._._ �._. * W w \ y V /�2• S ,g QP 'IGT 94 a `7 O S4 t _ X11 � M rE'ft )5 _ �y rte` ,t �p y SSE” \ •T� JI JT. 1 C /5T SW. S.. NEP 'I' Vrf L 9ti1' P CAPNEN ST F EWATkINs W w IJV / / $(/ fT �. 1W AIN:RTA 51 Sy S.W PL ^ / WI l SW FONMER GR H7� 0-.�tti W i A . DRG{Ilk GC DERRY DEl i 'TCy 4 r W J>MES RD. W �. F .pF P t 'II A n �.� 3. � � ✓ 4 1u la,� N Cs `x S9�• �.n 4 \ �i/\ Dix / 5 P M� / - h�i �I • I� S.W.. y 6x SW fDOEW00D M v DT FgNi1NVEN �1t s VIEWMOLNf N kllLYiS1Y Sr. �•►� S.W. rrIIf•w NK.D A CT j 4 RAAME® 49 PARK PL. g R V 9 DONAIO ST IT - +ro ST e , _/ ri'r2 •. W W w o > � _ � '- ELPosC 0 CNY CREEK CL Y! DUvT - L /` MO NTAVe'/iEW L4NE WU O Cl SW. N 1. i -�P L- _ r1 c0 5 + �w S4 VIEW TCR ACEn w I AT S.W. „ W DOD sr. 3 SPm* :.a. laEx :2. �.W.— Pd� mz ---- E PCT I n GT. £ ].W. TR T.r SM "S.W. w PtHESRD� H 'A Sw >iI IiI LMOM-aT-E �vw--aT T!T R S7 RU G T RA BEL BEND t n�'�t � U6 IDR. EMERALD NTS. S.W. NODVIEW L OSS s.W.ST eij 1 I NQt,L\ ST•[' SW NgOLE ST. - / ��`F _ aI ExT GEExTtN r DOROURN JPL. x.n[T sl. � F L��n D4P p. Qqa� a` 4�y � 4 ."1 r C �a ♦ �'re ; 3 I �.$o. w•A DiT� N Pa 1 ( GG OVflNAM RD. DURHAM flD. Y 511 'rt MARTHA: t W P L S.W.CT f S2r--t o £cT,/ ct L14 ST JAMES MILLE SYLVA ; - 1 1 ROYAL = CT. i Lx cl l 66 \ f a !t ff I o IiVERtt�OD I I �A R r v f�H r _ �4 vu � e SW¢ KI G � E i 1 .1�=_�•-,-....�• •. t4 L� rE E 4p I sW. ._. (WT) I /-'-'_. 'ik,4JirYT1), a 1 \ CpEp �I ORAV XS Si' I SW. E1`� f '14 1' �` 'Z�7• v �YT�,7 .�rx 3I1 1j �y3�N! 7.,f/Y. TZS �. SW. 4 Item 415.4 is held over to February 22, 1984' City Council Meeting. V V l.t i �J I ' * � p k RECEIVED f § H4 ' t t 1 is;a CITYOF TIGARD ; �� i tvr_� i•vh� _ il' __ r ' RES. PHON tYANIE BUS PHONE ADDRESS — LENGTH OF RESIDENCE IN TT!,ARD — ,UGGE.,'PEU BY WHERE DID YOU LIVE' PREVIOUSLY? b EDUCATIONALBACKGROUND OCCUPATIONAL STATUS AND BACKGROUND t l PREVIOUS COt�iMUNITY ACTIVITY t 1 . t: ORGANIZATIONS AND OFFICES _ I: OTHER INFORMATION (GENERAL REMARKS) _ € -- t, C BOARDS OR C,:)MMITTEES TN'1'T:t2C3'I'(`D IN BC __------- -- ------ --• ----- ------------•---- . tiitorviewed Pato Received at City Hal if Comill 1);3tc Appoiritcd _ --- 1IJ:tiI)S: CITY -- SCHWABE.WILLIAMSON. WYATT. MOORE & ROBERTS ATTORNEYS. AT. LAW WILLIAM H KINSEY,PC MARK H WAGNER 1200 STANDARD PLAZA ALAN S LARSEN.. WASHINGTON,OC OFFICE I 'E q,WILLIAMSON.PC JOHN G CRAWFORD,JP 1100 S.W 6`^AVENUE ER CH H HOFFMANN ROBERT B..DUNCAN L:SCHWABE.PC NEVA T.CAMPBELL ARY D.CONDIOTTE. F :.DELL MART PORTLAND.OREGON 97204-IOHG'' NMANCIE POTTER ARELLANO FREDERICK P RITZ: CORDON MOORE. JOHN E OORE,PC. ROGER A:LVEDTKE TELEPHONE 15031222-9961 ANDREW J;MORROW.JR KENNETH E..ROBERTS.PC ROY U.LAMBERT THOMAS V.DULCiCH e JAMES B.O'HANLON.PC W.A.JERRY NORTHDIRECT DIAL A BRIAN M PERKO SEATTLE OFFICE DOUGLAS M THOMPSON.PC JAMES T.WALDRON J.P.GRAFF - JAMES R.MOORE ROBERT 0.DAYTON CAaLE ADDRESS ••ROBCAL' BERNARD M.RYAN FRANK W.DRAPER rF 'A..ALLAN FRANZKE,PC DAVID W.AXELROD TELE.-15 1553 RICHARD J.KUHN PAUL N.DAIGLE.PS e ROLAND F.BANKS.JR..PC ANGER L HAGGERTY TCLCCOFIEP-ISO]!242-025T JANET M.SCHROER ELIZABETH K-REEVE+ GINO G.PIERETTI.JR DELBERTJ.BRENNEMAN KEVIN F.KERSTIENS GARY D.KEEHN R DOUGLAS J.WHITE.JR. ROBERT W.NUNN RONALD C.HOLLOWAY DAVID R.ANTAL O. ROCKNEGILL JAMES E.BENEDICT CURT S..GLEAV ES DENNIS A.OSTGARDe JOHN R.FAUST.JR. WILLIAM H.REPLOGLE DAYID K.MILLER ROBERT M.KRAFT B JAFIES A.LARPENTEUR.JR LAWRANCE L.PAULSON IN REPLY RESPOND TO DAVID F.BARTZ.JR. MARK G.BEARD P. D JAMES F;SPIEK✓`RMAN : MILDRED J.CARMACK MARK A.LONG JANCT L SMITH M'ILLiAM E�LOVE DONALD A.HAAG ENS£N STEPHEN J.DOYLE BERT W.MARKOVICH 0 -:f§OBERT G.SIMPSON RUTH J.HOOPER .MARK M.LECOQ• :RIDGWAY K.FOLEY.JR--PC CHARLES R.MARKLEY 'ALLAN M.MUIR TRONAS M.TRIPLETT ROBERT A.STOUT LISA L.HERSHEY RODERTE.JOSEPH. J.STEPHEN WERTSe :JAMES P.MARTIN BRUCl.SPAULOING KENNETH D.RENNERDANIEL'F.KNOX DEBRA SOLLE HEALY OF COUNSEL KENNETH E.ROB ERTS,JR_ R JAN.K.KITCHEL a CYNTHIA.S.C.SHANAHAN DONALD JOE WILLIS a PAUL R:BOCCI,JR, MICHAEL V.FENNELL J.LAUR ENCE CABLE GUY C.STEYHENSON �+ 1U�� RICHARD T.ANDERSON.JR 'MI ND CHAEL D.HOFFMAN" JAMES M.FINN BIOGRAPHICAL INFORMATION JOHN 0 GUINASSOR CHARD K. N a WASKIOREGOO JAMES D.HUEGLI DENNIS S.REESE N WASNIN O S wiE B+Rs HENRY C.WILLENER EUGENE L.GRANT ROBERT W N V1tl 1Y G.KEVIN KIELY,. TERRY C.HAUCK.. MARC K.SELLERS LO RY.R.LYSECK: 17 NOT A DE EFA STEVEN W.ABEL OR. STAT. EMPLOYMENT:EMPLOYMENT: Partner: Schwabe, Williamson, Wyatt, Moore &`Roberts. Emphasis in financial, securities, municipal, election,' corporation and utility law'. EDUCATION: University of Oregon School of,'Law, J,D. '1976. Articles Editor and author for Oregon Law Review Graduate School of Professional Accounting at Northeastern University, Boston, M.S. (Accounting) 1973 Willamette University, B.S. (Sociology) 1972 University of Vienna and Austrian-American Society, Vienna, Austria, 1971 Lake Oswego and South Salem High Schools PROFESSIONAL DESIGNATIONS AND MEMBERSHIPS: Oregon Bar Association Sections: Government Law, Business Law, Securities Law American Bar Association Conmittee on Public Borrowing and Special Committee on Publications, Section of ,Urban, State and Local Government Law National Association of Bond Lawyers Municipal Utility Obligations Committee (Vice Chairman) and ` Committee for Industrial Development Bonds Rite 1 tnomah County Bar' Association %%,%01 . 0,0 BIOGRAPHICAL INFO FORM/RWN 02/10/84mis WASHINGTON. DC. 20007 . THE F.. MILL SUIrE 302 • 1000 P111-1 Sr NW 12021 965.6300 TV'T 913171 PEOPLES NwrsoNAl. HwnR 9U,L r, 1415 F,11,, Av.n UE 12061 621 91166 15031 2421532 • Su11E 900 Oregon Public Accountant (not eligible for public practice) Hawaii CPA (not eligible for public practice) ACTIVITIES: Director, American Cancer Society, Multnomah County Unit, 1982 ('President, 1982- ) Director, American Cancer Society, Oregon Division, 1982- Chairman, Agency Participation Committee, United Way of Columbia- Willamette, 1983 Associates of Good Samaritan Hospital and Medical Center Director, Willamette University Alumni Association, 1983- Board of Managers, YMCA Multnomah Metro Branch, 1983- City of Tigard ,Urban Renewal Advisory Board, 1983' Fund raising for: American Cancer Society, WillametteUniversity. Northwest Cancer Research' Foundation, Oregon Symphony Association, YMCA, Explorer Scouts Various political campaigns CLUBS AND ORGANIZATIONS: University Club Portland City Club YMCA Oregon Road Runners Club Society of Oregon Born (SNOB) World Affairs Council HOBBIES Skiing, jogging, bicycling, windsurfing, travel lv. ' 0002.0 . 0 BIOGRAPHICAL INFO FORM/RWN 02/10/84mis ' ". 41:IiWAFi1 Y:.i i IR1.7'-C J W'YATT M!):31 ;: fJ' Itl ' DATE OF BIRTH: September 20, 1950, Salem, Oregon SPOUSE Barbara Vorster `Nunn, married May 20, 1972 CHILDREN: Hayley Elisabeth Nunn, born July 29 1980 t F- 0003 .0,0 - BIOGRAPHICAL INFO FORM/R47N 02j10f84cnls