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City Council Packet - 03/03/1986 TIGARD CITY COUNCIL REGULAR MEETING AGENDA BUSINESS AGENDA MARCH 3. 1986, 7:00 P.M. TIGARD CITY HALL 12755 SW ASH AVENUE TIGARD, OREGON 97223 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 2. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1)(a) to discuss employment of Chief of Police. 3. POLICE CHIEF APPOINTMENT a City Administrator 4. ORDINANCE NO. 86—_ AN ORDINANCE TO MODIFY 67TH 6 CLINTON STREET VACATION AREA. a City Administrator 5. 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: 5.1 Approve Council Minutes — February 17, 1986 5.2 Receive and File: Community Oevelopment Land Use Decisions 6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (i) to review the City Administrator performance. 7. ADJOURNMENT NOTE: PLEASE BRING THE MARCH 3, 1986 MATERIAL THAT WAS HAND CARRIED IN YOUR 2/24/86 PACKET. h lw/3738A COUNCIL AGENDA MARCH 3, 1986 — PAGE 1 _ k- ' T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - MARCH 3, 1986 - 7:15 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Jerry Edwards; City Staff: Bob Jean, City Administrator; and Bill Monahan, Community Development Director. 2. ORDINANCE NO. 86-16 AN ORDINANCE AMENDING ORDINANCE NO. 85-37, VACATING A PORTION OF SW CLINTON STREET AND DECLARING AN EMERGENCY. a. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 3. CONSENT AGENDA: a. Discussion of item ,2 Lincoln S-.vings re. Cook Park was held. Council requested Kaiser be 1-led. b. Motion by Councilor Brian, seconded by Councilor Edwards, to approve as amended. Approved by unanimous vote of Council present. 3.1 Minutes 3.2 Lincoln Savings, Wash. Co. School District #48, and Kaiser added. 3.3 Receive File Governors request for Boundary Commission nominees. 3.4 Receive and File Tetropolitan Golden K Kiwanis Invitation to 3/7 Dedication at Senior Center. 3.5 Approve Gaffer's & Pizza Caboose Liquor License Renewals - OLCC 3.6 Receive and File Council Calendar 3.7 Receive and File County Commission Goals. 4. OPEN AGENDA: 4.1 Discussion of Mara Woods development. Council authorized Community Development Director to negotiate up to $26,000 for Right-Of-Way purchase. 4.2 Report from Community Development Director requested on 3/10/86 regarding used truck lot at Hall and Hunziker. 4.3 Discussion of Time/Temperature sign at Hudson Plaza. RECESS OPEN MEETING: /)150 P.M. 5. EXECUTIVE SESSION: Council went into Executive Session persuant to ORS 192.660 (1) (a) to discuss issues relating to the hiring of new Police Chief. a' Page 1 - COUNCIL MINUTES - MARCH 3, 1986 sx: ^RECESS EXECUTIVE SESSION: ; to P.M. RECONVENE OPEN MEETING: , D P.M. 6. CHIEF OF POLICE HIRE: a. Motion by Councilor Edwards, seconded by Councilor Brian, to approve City Administrator's appointment of David Lehr as Police Chief and to offer Employment Agreement per terms and conditions tentatively accepted. Approved by unanimous vote of Council present. RECESS OPEN MEETING: kij�P.M. 7. EXECUTIVE SESSION: Council went into Executive Session persuant to ORS 192.660 (1) (i) to discuss issues relating to the City Administrator's performance 8. ADJOURWENT: 9:30 P.M. Re orde rotem - City of Tigard ATTEST: yor - City of Tigard RWJ:lw/3762A i Page 2 - COUNCIL MINUTES - MARCH 3, 1986 t t } TIMES PUBLISHING COMPANY Notice?-6630 P.O.BOX 370 PHONE(503)664-0360 BEAVERTON,OREGON 97075 Legal Notice Advertising * City of Tigard • 0 Tearsheet Notice Clei P.O. Box 23397 • • 0Duplicate Affidavit Tigard, OR 97223 �..� 3 1986 e • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. i, being first duly sworn, depose and say that ard tmimes, Qirector,or his princvertising ipal clerk, of the oral a newspaper of gencirculation as rgardn ORS 193 thee and 193.020;published a� aforesaid county and state;that the _City Council Special Meeting Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for_-1successive and consecutive in the following issues: Feb 27 1986 . FPh 97 148 _ Subidribed'e ,,'Swcirn t afore me this otary Public for Oregon My*Commission Expires: 9/20/88 AFFIDAVIT z: { 4 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter (if the P0U9ML%Xk Adopted Ordinance No. 86-16 STATE OF OREGON ) County of Washington) ss City of Tigard ) I, Loreen R Wilson _ being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 86-16 which were adopted at the Council Meeting dated March 3 1986 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the 4th day of March 15c. 1986. 1. Tigard City Hall, 12755 SG' Ash. Tigard, Oregon 2. Tigard Police Department, 902u SW Burnham, Tigard, Oregon 3. Tigard Public Library, 12568 SW Mair_ Street, Tigard, Oregon � da of Subscribed and sworn to before me this y Notary Public for Oregon My Commission Expires: F O r* C11Y OI ILGAIiU, OREGON ORO I NONCt_ NO 86 16 AN ORDI NANCI AMC.ND1 NG ORDINANCI NO W, t l, vAC,0 1 Nt, A 1108 11ON OF SW CI E.N I ON STREET AND DECLARING AN EMERGENCY . WHEREAS, the Tigard City Council init.faLed this vacation request pursuant to Section 15.08.040 of tha -Tigard Municipal Code; and WHEREAS, the Council, having held a public hearing un 9/23/85, found that it was in the public interest to vacate a portion of 67th and Clinton Streets; and WHEREAS, the Council is now advi -:rd t.t,.,It the portion of SW 67th Avenue which was proposed to be vacated is not within City of Tigard street jurisdiction. NOW, THEREFORE, THE CITY OE' 11GARD ORDAINS AS FOiIOWS. Section 1: The Tigard City t:ounf it hc!rf,by amonds Ordinance No. 85-37 by removing all. references to the vacatirarl of 67th Avenue• by amending Section 1 of that ordinance to read as follows "Section 1 The Tigard City Council hereby orders the vacation of Clinton Street as described on the attached Exhibit "A" and shown on the attached Exhibit "ti and by this reference made parts hereof." Section 2: The Tigard City Council further amends Ordinance No. 85-37 by amending Section 2 which set forth the required conditions placed on that r , vacation as follows: "Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: F "o This vacation shall not be. effective until. the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor, and surveyor. " Section 3: Effective Date: As this ordinance is to amend an ordinance passed by the Tigard City Council and effective in October, 1985, and as the Council was unable to vacate 67th Avenue which was under Washington County jurisdiction, an emergency is hereby deciared to exist and this ordinance shall become effective upon its passage by the, Council and approval by the. Mayor. PASSED: 9y ��ru..�i me<<S _ vote of all Council mombersres nt after being read by number and iiLle only, this day Of 1cc�c� _ 1986. 3 1_orfren R. Wi 1 sun, Deputy ,,r 'r APIIROVfI>: This vd flay of 17�C�+- _� 19+3 ti --- _ :1._:._.. (AN)I NANCE NO. 06-16 f l 1 X11111.1 1 "A" E LEGAL UESi:R1.P1ION FOR VAI;AI[ON OF CLINTON STREET ;. parcel of land in the plat of W1 ;T PORTLAND HETGHTS, Washington County, Oregon; the said parcel being a portion of SW Clinton Street abutting Blocks 7 and 14 in said plat described as follows: Beginning at the Southwest corner of Lot 19, said Block 7; thence East along the South line of said Block 7, 193 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Interchange; thence Southwesterly along said Access Control Line 63.2' feet more or less to the North line of said Block 14; thenc(, West along said North line 173 feet more or less to the Northwest corner of said Block 14; thence North 60 feet to the point of beginning. lw13585A v - - �! EXHl81T ,B. mum POSED PRO VACATION OF CLINTON ST 1N SW 67TH AVE & SEC 3.6 TIS RIWr W M WASHINGT > I 1985 SCALE 1 :=100 BAYLOR • STREET 60' tai - - d T BL`j CDCD I:z i MAST cn I � CLINTON STREET LJ 15 1 !- 4- ; _N i Olt Nom. s� MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council February 28, 1986 FROM: Loreen Wilson, Recorder SUBJECT: 67th 6 Clinton Street Vacation On 9/30/85, City Council held a public hearing for the above mentioned vacation request and adopted Ordinance No. 85-37 to approve the vacation based on the following conditions: o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Baylor Street, 15 feet on both s<<'zs of the existing right--of-way centerline, to the North line of the Oregon Department of Transportation Control Access Line. Said easement must contain the notarized signatures of all abutting property owners to 67th Avenue and be in a form approved by the Tigard City Attorney's office. Said easement shall be recorded with this ordinance to make the vacation effective. o The Street vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. This vacation for transportation right-of--way purposes shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County clerk, Assessor, and Surveyor. Staff was advised Wednesday, 2/26/86, that the City does not have jurisdiction of 67th Avenue. Randy Clarno, Engineering Division Manager, and I have discussed this issue at length with Washington County Surveyor's office and Tim Ramis. The jurisdiction documentation which Washington County has, was never recorded and unavailable for staff information prior to the public hearing. Since the ORS does not allow the City to consider vacations on lands which are not within our jurisdiction, Ordinance No. 85-37 should be modified. Staff and Legal Counsel would recommend modifying the ordinance to vacate only that portion of Clinton Street which lies east of 67th Avenue to terminate at the ODOT Control Access Line. An ordinance is being prepared to accomplish this and will be hand-carried to Council Monday evening. Staff will update Council further at that time. lw/3585A s s£ . CITY OF TIGARD, OREGON ORDINANCE NO. 85- 3 1-7 AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return the area within SW 67th Avenue and Clinton Street to the adjacent property owners to facilitate future development possibilities; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW 67th Avenue and Clinton Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Baylor Street, 15 feet on both sides of the existing right-of-way centerline, to the North line of the Oregon Department of Transportation Control Access Line. Said easement must contained the notarized signatures of all abutting property owners to 67th Avenue and be in a form approved by the Tigard City Attorney's office. Said easement shall be recorded with this ordinance to make the vacation effective. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o - This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. ORDINANCE NO. 85-_3/7 Page 1 L THE CITY OF TIGARD ORDAIN 3 AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation for transportation right-of-way purposes of that portion of SW 67th Avenue and Clinton Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: o A private ingress/egress easement be stained on SW 67th Avenue from the South line of SW Baylor Street, 15 feet on both sides of the existing right-of--way centerline, to the North line of the Oregon Department of Transportation Control Access Line. Said easement must contained the notarized signatures of all abutting property owners to 67th Avenue and be in a form approved by the Tigard City Attorney's office. Said easement shall be recorded with this ordinance to make the vacation effective. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By (Anck n',yr►ous vote of all Council members present after bei read by number and title only, this --3oT% day of nera��r 1985. 6 a eputy City Recorder - City of Tigard APPROVED: This day of 1985. M�rper - City of Tigard (2GLl-n C I 1 PSS ORDINANCE NO. 95 Page 2 lw/3214A _;t MM MMM LEGAL DESCRIPTION FOR VACATION Of STREETS FOR JERRY CASH A parcel of land in the plat of WEST PORTLAND HEIGHTS, Washington County, Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W. Clinton Street abutting Blocks 7, 8, 13, and 14 in said plat described as follows: Beginning at the Northeast corner of Lot 33, said Block 13; thence North along the East line of said Block 13, 175 feet to the Northeast corner thereof; thence East 30 feet; thence North 60 feet; thence West 30 feet to the Southeast corner of said Block 8; thence North along the East line of said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet to the Northwest corner of said Block 7; thence South along the West line of said Block 7, 450 feet to the Southwest corner thereof; thence East along the South line of said Block 7, 193 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Interchange; ( thence Southwesterly along said Access Control Line 63.25 feet more or less to the North line of said Block 14; thence West along said North line 173 feet more or less to the Northwest corner of said Block 14; thence South along the West line of said Block 14, 146.87 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Inter- change; thence Southwesterly 66.25 feet to the point of beginning. Save and except an easement for utility purposes. Save and except an easement for ingress and egress over and across the following described parcel : A strip of land 30 feet in width being 15 feet on each side of the following described center line: Beginning at a point 30 feet East of the Northeast corner of said Block 8, WEST PORTLAND HEIGHTS; thence South parallel to the East line of said Block 8, 670.94 feet to a point on the said Access Control Line. This easement for ingress and egress is for the use of abutting properties only and it may be terminated by mutual consent of the abutting property owners. mss" 10001;42 F PROPOSED VACATION OF b. f- SW 67TH AVE & CLINTON ST IN SEC 36 TIS RIW., WM w WASHINGTON CO, OR (MAY 1985 SCALE 1"=100' BAYLOR STREET 0i is s� M ' (D n: •• mak` 1 �• I CLINTON STREET V N � VVES cn 1 E _ �.1>c Com. t✓O r �.3. (5s_-K 13 �.� , WEST POF�TI.�,f�\1D NEI�NTS CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 3 1986 AGENDA ITEM DATE SUBMITTED: February 26, 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Director's Decisions HOP I-86 fa=nded) - Larry & Martha Whift-EPARED BY: Community Development sng 2-gfi by Frank and Jarvis Aszman REQUESTED BY: DEPARTMENT HEAD OIC: t CITY ADMINISTRATOR: ssazasazssasmsaasammaas:ass ass a:assszaasaasaaaam aaaaasz.^sa:aaasszassasaa:saasm POLICY ISSUE zamssasazssasasasmssaasasma:assess:aaaasaasassamaaaaaaaazs::seam:asmassaaaaaasa INFORMATION SUMMARY Attached is an Amended Notice of Decision and a Notice of Decision for the following: 1. Notice of Amended Decision HOP 1-86 - a request by Larry and Martha White for a Home Occupation Permit for "Postal Plus", a bulk-mail processing business in an R-4.5 zone, located a 9375 Sw Millen Drive. 2. Notice of Decision for SDR 2-86, a request by Frank and Jarvis Aszman to construct a 100-unit apartment complex on property zoned R-25, located at 12085 SW 135th Avenue. sassesasssssssssasassassssssssssmsssasssaaamaaaaaamsaassaaassasssssasassssassss ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. asssaasasaatiwaaasasaesaa:assasssasasssasaasaaazm=saasaaasssmssaaasamasassssa SUGGESTED ACTION Receive and file. CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 2-86 APPLICATION: Request by Frank and Jarvis Aszman to construct a 100 unit apartment complex on property zoned R-25 (Residential, 25 units/acre) and located at 12085 SW 135th Avenue (WCTM 2S1 48, T.L. 100). DECISION: notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background On September, 1985, partition approval was granted to divide a 5.01 acre parcel into two lots of 11,250 square feet and 4.75 acres (MLP 12-85). The applicant subsequently satisfied the conditions of approval and the partition has been recorded, The resulting 4.75 acre parcel is the subject of this application. 2. Vicinity Information The property to the north and west is zoned R-25 (Residential, 25 units/acre) and the area to the north is in the process of being developed with single family residences. The 11,250 square foot lot that was created by the above described partition, contains a residence. The land to the south is presently vacant and zoned C-N (Commercial Neighborhood). The owner of this property it proposing a relocation of this designation to an area whim is immediately west of the subject property. In addition, a 170 unit apartment project is proposed in the area presently occupisr! by the C-N zone. 3. Site Information and Proposal Description The property is currently undeveloped. The applicant intends to construct an apartment complex consisting of 100, one and two bedroom units. Twelve buildings will be dispersed throughout the parcel. The perimeter of the project will be landscaped as well as a central common area which will include a swimming pool. Access will be provided by one zommon driveway serving 11 buildings and a separate secondary access for the remaining building. A13 access will be oriented ttuiard 135th Avenue. NOTICE OF DECISION = SDR 2-86''- PAGE 1 4. Agency and NPO Comments The Engineering Division has the following comments: a. The location of driveways onto 135th Avenue as well as improvements on the street must be approved by Washington County. b. The location of sanitary and storm sewer facilities is not shown on the preliminary site plan and engineering plans for these improvements must be apprownd prior to issuance of building permits. C. The proposed Murray Blvd. extension is proposed to be situated between the subject property and the parcel to the south. City policy typically requires that each property contribute towards its share of the street improvement and right-of-way dedication. The Building Inspection Division notes that little information was submitted relating to on site drainage. On site drainage must be addressed during the building plan check process. The Washington County Fire District No. 1 approves of the site plan but it is indicated that an additional review of the adequacy of water fire fighting supply will be necessary. Washington County Department of land Use and Transportation states that the following improvements must receive County Engineering Section approval prior to obtaining a facilities permit for work in the County right--of-way (135th); a. SW 135th Avenue must have a minimum 5-year wearing surface and structural life to a 22 foot width between the south property line and SW Scholls Ferry Road. b. A 5 foot concrete sidewalk along the 135th Avenue frontage. C. Adequate roadway drainage. School District #48 indicated that adequate school facilities are available. No other comments have been received. B. ANALYSIS AND CONCLUSION The proposed apartment complex is consistent with Community Development Code provisions for building setbacks, density, lot coverage.landscaping, parking, and access. The components of the project which must be modified relate to _ storm sanitation facilities, visual clearance, and the Murray Blvd. extension. �V NOTICE OF DECISION = SDR 2-86 - PAGE 2 Storm and Sanitary Sewer Facilities Plans for the installation of storm and sanitary sewer facilities were not submitted for review. Engineering drawings will be necessary before building permits can be issued. Visual Clearance The southeastern driveway which will serve the one small apartment building will require some modification to the proposed landscaping plan to provide adequate vision clearance near its intersection with 135th Avenue. The hedge shown on the plan will interfere with sight clearance on 135th Avenue. Also, because of its proximity to the Murray Blvd. intersection, all vegetation in the vicinity of this driveway must be evaluated so as to not create a hazardous situation. Murray Blvd. Extension The alignment and function of the Murray Blvd. extension has been a topic of discussion between Tigard, Beaverton and Washington County. Several designs have been contemplated including the "T" intersection shown on the site plan. During a joint meeting with the Tigard and Beaverton City Councils, the relevant traffic data was evaluated and a curved alignment was adopted which had the following features: a. The Murray Blvd. centerline straddling the boundary between the subject property and the parcel to the south b. Murray Blvd. will curve south to connect with the present 135th Avenue alignment C. The portion of 135th Avenue north of Murray Blvd. will then be re—aligned to form a "T" intersection with Murray. The final Murray Blvd./135th Avenue alignment will be determined through a cooperative effort between the applicant, Tigard, and Washington County. This alignment issue must be resolved prior to the issuance of any building permits. C. DECISION The Planning Director approves SDR 2-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half—street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities shall , be installed along the SW 135th Avenue frontage. Said improvements along SW 135th Avenue shall be built to major collector street standards and conform to, the alignmentapproved by the City Engineer and Washington County. NOTICE OF DECISION SDR 2-86 — PAGE 3 3. Standard half-street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities shall be installed along the SW Murray Blvd. frontage. Said improvements along SW.- Murray Blvd. shall be built to major collector street standards and conform to the alignment approved by the City Engineer and Washington County. 4. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed -public improvements shall be submitted to the Engineering Section for approval. 6. Sanitary and storm sewer plan-profile details shall be provided as part of the public improvement plans. 6. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Section will require posting of a 100% Performance Bond, the payment of a permit fee ;!-.mi sign instal lat ion;street light fee. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 7. The applicant shall providc the necessary easements for any public facilities that are extender to serve the site. 8. Additional right-of-way shall be dedicated to the Public along the SW 135th Avenue frontage to increase the right-of-way to 35 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 9. Right-of-way shall be dedicated to the Public along the SW Murray Blvd. frontage to increase the right-of-way to 35 feet from centerline. The description for said dedication shall be approved by the Engineering Division. The dedication document shall be on City forms and approved by the Engineering Division. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 10. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. b. All centerline_ monuments -shall be placed in a monument box conforming to City standards, ,and the ,top of all monument ;- boxes shall be set at design finish grade of said street or roadway. ;` NOTICE OF DECISION SDR 2-86 - PAGE 4 C. The following centerline monuments shall be set: 1. All centerline-centerline intersections. Intersections created with "collector" or other street has been established by or for the City; 2. Canter of all cul-de-sacs; 3. Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C.). 4. All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 11. The Plans submitted for this application and the project to the south (SDR 4-86/MLP 1-86) show the entire Murray Blvd. extension on the southern parcel. If this alignment is acceptable to both property owners, the City Engineer and Washington County Conditions 3. and 8. above may be modified or deleted. 12. The site plan shall be modified as necessary to accommodate the alignment of 135th Avenue and Murray Blvd. 13. The landscaping plan shall be modified to conform with the visual clearance requirements contained in Chapter 18.102 of the Community Development Code (enclosed). 14. The applicant shall obtain a "letter of serviceability" from. Washington County. 15. This approval is valid if exercised within one year of the final decision date noted below. 0. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON March 62 1986 UNLESS AN APPEAL IS FILED. m mn} NOTICE OF DECISION - SDR 2-86 PAGE 5 � Fz'' 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Cade which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 2:30 P.M. March 6, 1986 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. 10- 06 PREPARED BY: keitt S. iden, Senior Planner DATE 2-24-86 Wil am Monahan, Director of Planning a Development DATE APPROVED (KSL:bs137) t Pell r _ 3 33 is NOTICE 'OF DECISION >- SDR 2-86 - PAGE 6 CITY OF TIGARD NOTICE OF AMENDED DECISION HOP 1-86 APPLICATION: A request by Larry and Martha White for a Home Occupation Permit for "Postal Plus", a bulk—mail processing business in an R-4.5 zone (Residential, Single Family, 4.5 units per acre). Location: 9375 SW Millen Drive. (WCTM 2S1 14AB Lot 5400). DECISION Notice is hereby given that the Planning Director for the City of Tigard has amended the approval for the above application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background A notice of decision was approved on February 14, 1986 and was to be final on February 24, 1986. The Planning staff decided to issue an amended decision on February 24, 1986 to clarify certain conditions. No other previous applications have been reviewed by the Planning Department on this property. 2. Vicinity Information Properties to the north, east and south are zoned R-4.5 (Single Family Residential 4.5 units per acre. Properties to the west are zoned R-7 (Single Family Residential, 7 units per acre). 3. Site Information and Proposal Description There is a 2200 square foot home on the property. The applicant proposes to use 450 square feet for the business. The applicant and family will occupy the remainder of the home. The business as proposed will not occupy more than 25% of the home. 4. Agency and NPO Comments NPO #6 will be notified of the Director's decision and will have the right to appeal. 8. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of the Tigard Municipal Code. C. DECISION Home Occupation Permit HOP 1-86 is approved subject to the following conditions !. There shall be no paid employees working in the home in conjunction with business who are not residents of the home. NOTICE OF DECISION — HOP 1-86 PAGE 1 f 2. There shall be no signs or advertising visible from the exterior of the premises. 3. There shall be NO customers or clients coming to the residence in conjunction with business. The owner or a representative of the Valley Green Sheet is authorized to pick up samples and artwork for each order. The use shall not involve direct sales or service from the property necessitating customer traffic to the residence. 4. The Home Occupation Permit shall be renewed annually. S. A Business Tax shall be paid annually for the business. 6. There shall be no noise emitted from the home connected with the business which is audible to abutting residences. 7. This approval is valid if exercised within one year of the final decision date noted below. 0. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XXX The applicant 6 owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Orgapization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON March 6, 1986 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 2:30 P.M. March 6, 1986 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. zt�J1 49 PREPARED BY: --Deborah—KI-Stuart, Assistant Planner DATE Cl WilliKff 6 elopment 6ATE WROVED (DAS:bs115) NOTICE OF DECISION HOP 1-86 - PAGE 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 3 1986 AGENDA ITEM #: DATE SUBMITTED: February 28, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Planning Commission Final Orders: S 1-86 Lincoln Savings & Loan PREPARED BY: Community Development S 3-86 - Wash. Co. School Dist. #48 SCE 1-86 - Kaiser Permanente REQUESTED REQUESTED BY: DEPARTMENT HEAD OK: 141,142- CITY ADMINISTRATOR:. POLICY ISSUE INFORMATION SUMMARY Attached are the Final Orders for: 1. S 1-86, Lincoln Savings & Loan - To divide 8.68 acres into 18 lots with a minimum size of 7,500 sq. ft. 2. S 3-86, Wash. Co. School Dist. #48 - To divide a 7.12 acre parcel into 33 lots between 7,500 and 11,300 sq, ft. in size. 3. SCE 1-86, Kaiser Permanente - To construct a free standing sign of 21 sq. ft. per side instead of 15 sq. ft. as required by code. ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Consent Agenda and Call up for Council review at a later meeting. A } SUGGESTED ACTION Receive and file. /br CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): SCE 1-86 2. Name of Owner: KAIZER PERWNTE 3. Name bf Applicant: Martin Bros. Signs. Address 3165 Commercial SE City Salem State-R, Zip 97,302 4. Location of Property: Address 7105 SW HamptonSt Tax Map and Lot No(s). 2S1 1AC lot I200 & 1300 5. Nature of Application: Request to construct a free standing sign of 21 sq. ft. per side instead of 1$ sq. ft. as required by Code. 6. Action: Approval as requested X Approval with conditions Denial { 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies S. Final Decision: THE DECISION SHALL BE FINAL ON March 10, 1986 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 PM March 10, 1986 10. 920itions: If you have any questions, please call the City of Tigard Planning Department, 639-4171." 1 (0257P) Pf' mar CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO, 86- 04 PC A FINAL ORDER INCLUDING FINDINGS ((SCCECL1S86) REQUESTEDWHICH ByAPPROVES KAIZER APPLICATION FOR A SIGN CODE EXCEPTION PERMANENTE. ission reviewed the above application at a public The Tigard Planning Comm mmission based its decision on the Farts, hearing on February 4, 1986. The Co findings, and conclusions noted below: A. FACTS 1, General Information CASE, Sign Code Exception SCE 1-86 REQUEST: To construct a free t asg required by square feet per side instead of 15 square fee COMPREHENSIVE PLAN DESIGNATION: Commercial Professional ZONING DESIGNATION: C-P (Commercial Professional) Kairnente APPLICANT: Martin Bros, Signs OWNER: 3600 N.PIn erstate Ave. 3165 Commercial SE Salem, OR 97302 Portland, OR 97227 LOCATION: 7105 SW Hampton St. (WCTM 2S1 1AC T.L. 1200 and 1300) 2. Back round Site Development Review approval was property in 1985 (SDR 11-85) to develop a dental clinic on e 3. Vicinity Information All surrounding properties are zoned C-P. toHam lgon Street, which is a major collector street, abuts the property 4. Site Information and Property Description The clinic is presently being constructed and the concrete base for the proposed sign is in place. The applicant proposes to install one freestanding sign which is 5'4" tall and 21 square feet in size. The Community Development Code only allows a total sign size of 15 square feet per side or a total of 30 square feet. FINAL ORDER NO. 86- 04 PC PAGE 1 f 5. Agency and NPO Comments The Engineering Division recommends that the sign be located in the central portion of the property between the driveways so that the visibility near the driveway will not be restricted. The Building Inspection Division has no objection to the request. No other comments have been received. S. FINDINGS AND CONCLUSIONS The approval criteria for reviewing Sign Code Exception are contained in Section 8.114.145 of the Community Development Code. The Planning Commission concludes that the relevant Community Development Code requirements have been met based upon the findings below: 1. In order to justify an exception to the sign code, one of the following three criteria (COC 18.114.145) must be satisfied: a. The proposed sign code exception is necessary because a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with the sign code standards. b. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site. C. There is an access drive which services the business or service from a street other than the street on which the business is located. 2. These criteria are not relevant to this proposal, however, because conforming buildings or signs do not interfere with the visibility of the proposed sign, topography is not a factor and the property only has frontage on Hampton Street. 3. In lieu of using the sign code exception criteria, the Planning Commission feels that it is appropriate to utilize Section 18.114.130(g) to evaluate this request. This portion of the Code allows the Planning Director to allow an additional 50% in sign area as a part of the Site Development Review process. The additional sign size cannot be used for lettering, logos, etc. During Site Development Review, a design for the sign was not presented. The proposed sign is consistent with this criteria because the majority of the sign area is not occupied by lettering or logos. It is in conformance with all ether Code requirements except for the proposed location. Chapter 18.102 requires that obstructions over three feet in height are to be outside of a 30 foot triangular area adjacent to the driveway. IC FINAL ORDER NO. 86— 04 PC — PAGE 2 Z i ' C. DECISION Based upon the above facts, findings, and conclusions, the Planning Commission approves SCE 1-86 .subject to the following conditions: 1. The sign shall not exceed 22 1/2 square feet per side. 2. The sign location shall be consistent with Chapter 18.102 Visual Clearance of the Code and shall be approved by the Planning Director. 3. A sign permit shall be obtained from the City. 4. This approval is valid if exersized within one year of the final approval date. It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of �.fz 1986, by the Planning Commission of the City of Tigard. A. Donald Moen. President y; Tigard Planning Commission (KSL:pm38) :f Y - n Y� FINAL,ORDER 'NO. 86 04 -PC —'.PAGE 3 y a' t`'Sbr Rir - �l-3T Af,4^"3'_v��'��... i5;z4..•�FM1'•"wti�.,he..me. CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): S 3-86 2. Name of Owner: Washington County School n;etriet # 48 3. Name of Applicant: L.&. Development Co Address 8a75 cu n.,r.,_-H;t l adale Ma. City Portland State OR Zip 97225 4. Location of Property: Address Southwest corner of Sprinzwood Drive and 115th Ave. Tax Map and Lot No(s). ISI 34BD lot 7000 5. Nature of Application: Request to divide a 7. 12 acre parcel into 33 lots_ between 7,500 and 11,300 sq. ft. in size 6. Action: Approval as requested XX Approval with conditions Depial 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON March 10, 1986 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. eal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal say be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is March 10 1986 4:30 PM 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. (O257P) t: CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 86- 03 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN APPLICATION FOR A SUBDIVISION (S 3-86) REGUESTED BY WASHINGTON CO. SCHOOL DIST. #48. The Tigard Planning Commission reviewed the above application at a public hearing on February 4, 1986. The Commission based its decision on the facts findings and conclusions noted below: A. FACTS 1. General Information CASE: Subdivision S 3-86 REQUEST: To divide a 7.12 acre parcel into 33 lots between 7,500 and 11,300 square feet in size. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT: L.A. Development Co. OWNER: Wa. Co. Sch. Dist.#48 X3875 SW Bvtn-Hillsdale Hwy P.O. Box 200 Portland, OR 97225 9eaverton, OR 97075 LOCATION: Southwest corner of Springwood Drive and 115th Avenue (WCTM 1S1 3480, Tax Lot 7000). 2. Background No previous land use cases have been reviewed by the City regarding this property. S. Vicinity Information All of the surrounding properties are zoned R-4.5. Single family residences abut the property on the south, east of 115th Avenue, and north of Springwood Drive. Pen Lawn Estates is a new subdivision - located immediataly to the southwest. A 4.54 acre parcel abuts the wastern boundary of the property. 119th Avenue terminates at the southwest corner of the property. 4. Site Information This property is a vacant grass field. The applicant proposes a 33 lot, single family residential subdivision featuring two cul-de-sac streets. Several lots will have direct access to 115th Avenue or Springwood Drive and the majority will be served by the proposed cul-de-sacs. FINAL ORDER NO. 86-03 PC - PAGE 1 5. Agency and NPO Comments The Engineering Division has the following comments: a. The remaining half-street improvements along the 115th Avenue and Springwood Drive frontages will be required. b. The private easement for storm sewer service to lots 24. 25, and 26 should be shown on the final plat. C. No provision has been made for either the proper termination or extension of 119th Avenue. d. The proposed length of 119th Court is approximately 480 feet long and exceeds the City standard of 400 feet. The Tigard Water District indicates that the necessary facilities and water capacity is available to serve the development. Washington County Fire Dist. No. 1 indicates that the cul-de-sac radii should be 45 feet and fire hyrants be no more than 500 feet from any structure by way of an access road. The Building Inspection Division has no objections to the proposal and Beaverton School District No. 48 indicates that sufficent school capacity exists to serve the development, No other comments have been received. 8. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 6.3.3, 7.1.2, 7.3.1, 7.4.4, and 8.1.3; and Community Development Code Chapters 18.50, 18.160, and 18.164. The Planning Commission has determined that the proposal with some modification is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is met because the Neighborhood Planning Organization and surrounding property owner were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Policy 6.3.3 is satisfied because the lot sizes and housing type are consistent with surrounding development within this established area. C. Policies 7.1.2. 7.3.1, and 7.4.4 are satisfied because adequate water, sewer, and storm drainage facilities are available to the development. The applicant also indicates that these facilities will be provided with the subdivision as required by City standards. FINAL ORDER NO. 86-03 PC - PAGE 2 d. Policy 8.1.1 is not satisfied because the proposed subdivision design does not provide for an efficient street system. The design ignores the presence of 119th Avenue which ends at the southwest corner of the property. The street right-of-way is centered on the boundary between the church parcel and the subject property. It is apparent that at the time Panorama No. 2 was created, a northerly extension of 119th Avenue was contemplated to serve these two properties. A revised de3ign which addresses this issue is necessary before compliance with this policy can be achieved. e. Policy 8.1.3 will be met when the conditions of approval relating to street improvements are completed. The Planning Commission has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.50 of the Code is satisfied because the proposal meets all of the requirements of the R--4.5 zone. b. Chapter 18.160 of the Code is satisfied because the proposal meets the requirement: sct forth for the submission and approval of a preliminary plat. C. Chapter 18.164 of the Code will be satisfied during the approval process for the final plat. The preliminary plat indicates that all City standards can be met except for the 400 foot limit for ( cul-de-sacs. The issue related to the continuation of 119th Avenue and the satisfaction of Section 18.164.030(4)(2) will we oc particular concern. The required modification will probably affect the proposed design of 119th court. If it remains as a cul-de-sac over 400 feet a variance must be granted. C. DECISION Based upon the above facts, findings, and conclusions, the Planning Commission approves S 3-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. 2. Standard half-street improvements including sidewalks, curb returns, streetlights, driveway aprons, storm drainage and utilities shall be installed along the SW 115th Avenue and Springwood Drive frontage. Said improvements shall be built to local street standards and conform to the alignment of existing adjacent improvement. 3. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. FINAL ORDER NO. 86-03 PC - PAGE 3 4. Sanitary and storm sewer plan profile details shall be provided as part of the public improvement plans. 5. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Section will require posting of a 100% Performance Bond, the payment of a permit fee. and a sign installation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 6. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. b. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. C. The following centerline monuments shall be set: 1. All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street 'rias 'WQQn established by or for the City. 2. Center of all cul--de-sacs: 3. Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending point (B.C. and E.C.). 4. All sanitary and storm location shall be placed in positions that do not interfere with centerline monumentation. 7. A private easement for sanitary sewer service for lots 24, 25, and 26 shall be illustrated on the final plat. 8. The applicant shall dedicate sufficient right-of-way for an extention of SW 119th Avenue. Configuration shall be reviewed and approved by the Planning Director and City Engineer. During the review of the final plat, the City Engineer shall determine whether any public improvements will be necessary within the SW 119th Avenue right-of-way. s FINAL ORDER NO. 86-03 PC = PAGE 4 9. The length of 119th Court shall be reduced to 900 feet or a variance request must be reviewed and approved by the Planning Commission. 10. After review and approval by the Planning Director and Public Works Director, the Final Plat shall be recorded with Washington County. 11. This approval is valid if exercised within one year of the final decision date. It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of �l 1986, by the Planning Commission of the City of Tigard. A. Donald Moen, President Tigard Planning Commission (KSL:bs82) FINAL ORDER NO. 86-03 PC - PAGE 5 _., i CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Humber(s): S 1-86 ; 2. Name of Owner: Lincoln Savings Loan 3. Name of Applicant: Same Address 10250 SW Greenburg Rd. City Portland _State OR Zip 97223 4. Location of Property: Address West of 92nd Ave. between Kneeland Estates II and Cook Park 1' Tax Map and Lot No(s). (2S1 14A lot 900) 5. Nature of Application: Request to divide 8.68 acres into 18 lots with a minimum ` size of 7,500 sq. ft. 6. Action: Approval as requested .XX._ Approval with conditions Denial 7. Notice: Notice was published In the newspaper, posted at City Hall and mailed to: The applicant b owners gg Owners* of record within the required distance XX The affected Neighborhood Planning Organization RX Affected governmental agencies k 8. Final Decision: THE DECISION SHALL BE FINAL ON March 10, 1986 UNLESS AN APPEAL. IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 Sit Ash, P.O. Lox 23397, 11gard, Oregon 97223. 9. A eal: Any party to the decision say appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is March 10, 1986 4:30 PM_ 10. Questions: If you have any questions, please call the City of Tigard Planning Departsent, 639-4171. (0257P) CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 86-9_9PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN APPLICATION FOR A SU®DIVISION (S 1-86) REQUESTED 8Y LINCOLN SAVINGS AND LOAN The Tigard Planning Commission reviewed the above application at a public hearing on February 4, 1986. The Commission based its decision on the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Subdivision S 1-86 REQUEST: To divide 8.68 acres into 18 lots with a minimum size of 7,500 square feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-45 (Residential, 4.5 units/acre) APPLICANT: Lincoln Savings and Loan OWNER: SAME 102.50 SW Greenburg Road Portland, OR 97223 LOCATION: blest of 92nd Avenue between Kneeland Estates No. II and Cook Park 2. Background Preliminary plat approval was granted in 1981 (S 11-80/CPR 12-81) for 22 attached and 5 detached single family residential lots. The final plat was never recorded and the approval has expired. 3. Vicinity Information Kneeland Estates No. 2 lies to the north and Tigard High School is -_ northeast on the opposite side of 92nd Avenue. The R-4.5 zone applies to this area. The Copper Creek development which is zoned R-7 (PD) - (Residential, 7 units/acre, planned development) lies immediately west and Cook Park abuts the southern boundary of the property. _ _r 4. Site Inforiaa►tion The property is presently undeveloped. The terrain slopes downward from north to south with grades of up to 30% in the northern portion of the site. The southern half of the property is within the 100 year flood plain. J � _ X Y FINAL ORDER NO. 8"2PC - PAGE 1 The applicant proposes to divide the property into 18 single family residential lots, all with a minimum size of 7,500 square feet. Riverwood Lane will be extended from its terminus at Copper Creek to ,c 92nd Avenue. In addition to Riverwood Lane, four lots will have frontage on the 93rd Avenue cul-de-sac in Kneeland Estates No. II. Although this proposal represents a reduction in the number of lots from 27 to 18, the subdivision layout and street alignment are very similar to the proposal that was approved in 1981. 5. Agency and NPO Comments The Engineering Division has the following comments: a. Lots 17 and 18 on the east side of 92nd Avenue will preclude the extension of Riverwood Lane to the east. The applicant should be able to show that other reasonable alternatives exist for providing access to the property to the east. b. The issue of stormwater runoff presents several problems which must be clarified. Stormwater through "Tract A" from the school property and 92nd Avenue needs to be addressed along with the gully through Lots 10, 11, and 12 and the drainage over Lot 8 in the event of a catch basin failure on the 93rd Avenue cul-de-sac. C. A private pond is located above Lot 12. Liability for any flooding caused by the pond and the right of this owner to release water onto Lot 12 is unknown. d. Slope easements along Riverwood Lane will be necessary. Q. If Riverwood Lane does not connect with the completed portion in Copper Creek, a temporary turn around will be necessary. f. Lots 7 and 8 have double frontage and access should be limited to one street. The access for Lot 16 shall be limited to Riverwood Lane. g. A traffic report is needed indicating what measures should be taken to mitigate the site distance limitations at the proposed Riverwood Lane/92nd Avenue intersection. h. The applicant must provide stormwater runoff report addressing proposed on and off site stormwater and erosion control during and after construction. This report must address the impact of upstream drainage facilities and the mitigation of adverse storwwater impacts upon City Park and graenway areas. i. The loo year flood plain should be dedicated to the City as greenway. j. A Sensitive Lands Permit will be necessary for any construction or grading within the flood plain, drainageways, or slopes over 25%. k Any reduction in the width of the City's standard street section will ;squire the approval of a variance. FINAL ORDER NO. 86-02PC — PAGE 2 • The Building Inspection Division notes that the slopes on many of the lots are steep and that development and meeting setbacks standards may be difficult. The Tigard School District and TYPO #6 have no, objection. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1. 3.1.1, 3.2.1. 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 and Comity Development Code Chapters 18.50, 18.160, and 18.164. Since the Comprehensive Plan has been acknowledged, the Statewide Planning Coals and Guidelines no longer need to be addressed. The Planning Commission concludes that the proposal with minor modifications is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Policy 3.1.1 will be satisfied provided that any portions of the Lots which exceed 25% slope are not graded or filled without a Sensitive Lands Permit. C. Policy 3.2. 1 will be satisfied because development within the 100 year flood ,blain will be avoided. If any of the proposed street does encroach upon the flood plain, a Sensitive Lands Permit will be requirc4. d. Policy 7.1.2 can be met when additional information, noted in the Engineering Division comments, is submitted and appropriate mitigation measures taken. e. Policy 7.3.1 and 7.4.4 are satisfied because adequate water and sewer facilities are available to the development. The applicant aIso indicates that these facilities will be provided within the subdivision as required by the City standards. f. Policy 8.1.1 will be met once the termination of Riverwood Lane at 92nd Avenue is justified or provisions for future extension to the east are made. g. Policy 8.1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The Planning Commission has determined that the proposal is consistent with the relevant portions of the Cowounity Development Code based upon the findings noted below: µ FINAL ORDER 00. 86-02PC PAGE 3 w a. Chapter 18.50 of the Code is satisfied because the proposal meets all of the requirements of the R-4.5 zone. b. Chapter 18.160 of the Code is satisfied because the proposal meets the requirements set forth for the submission and approval of a preliminary plat. C. Chapter 18.164 of the Code will be satisfied during the approval process for the final plat. C. DECISION Based upon the findings, and conclusions above, the Planning Commission approves of S 1-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. 2. Standard half-street and full street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities (delete inapplicable items) shall be installed along the SW 92nd Avenue frontage. Said improvements along SW 92nd Avenue shall be built to (60' R/W, 36' Pvmt.) City standards including an 8 ft walk on the west side and conform to the alignment of existing improvements. (a note the attached section which was approved via Kneeland Estates subdivision developmcnt). 3. Seven (7) sets of plan-profile public improvement construction plans including a site grading plan and cross sections and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer. detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 4. Sanitary and storm sewer plan-profile details shall be provided as part of the public improvement plans. S. Slope easements along SW Riverwood Lane shall be provided to the public. Documentation shall be on City forms or on the plat and approved by the Engineering Section. 6. The applicant shall provide a stormwater runoff report addressing proposed onsite and offsite stormwater control and soil erosion control (during and after construction): said report shall also address the impact of upstream drainage facilities on the site and the mitigation of stormwater damage to the downslope City park i open space lands. 7. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Sections will require posting of a 100% Performance bond. the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES BONDING AND AGREEMENTS. FIAtAL"ORDER NO. 8"2PC PAGE 4 r. S. SW Riverwood Lane will connect with Riverwood Lane in the development to the west (Copper Creek). 9. Additional right-of-way shall be dedicated to the Public along the SW 92nd Avenue frontage to increase the right-of-way to 30 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 10. Double frontage lots, namely # 7 and 8, shall both be restricted to only one access each on the same public roadway. 11. Lot #16 shall only have direct access onto SW Riverwood Lane. 12. The applicant shall provide a traffic report indicating measures to be applied to mitigate sight distance concerns, at the intersection of Riverwood Lane and 92nd Avenue, to the Engineering Section. The Riverwood Lane easterly access shall be addressed in conjunction with this study and Lots 17 and 18 shall be platted and Tract "A"- shall be dedicated to the City once the traffic study has been reviewed and approved by the Engineering Division. 13. The applicant shall dedicate lands within the 100 year floodplain and the property south of the road not platted into Lots 1.2, and 3 for greenway purposes. 14. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway rights-of-way shall be monumented before the City shall accept a street improvement. b. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. C. The following centerline monuments shall be set: 1) All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City: 2) Center of all cul--de-sacs; FINAL ORDER NO. 86-02PC PAGE 5 • points of intersection (P.I.) when their ' .. 3) Curve points, Po pavement position falls inside the limits of the otherwise beginning and ending points (D.C. and E.C.). 4) All sanitary and stormlocation shall be placed in not interfere with centerline positions that do monumentation. 16. A Sensitive lands Permitshall be required for any encroachment onstruction in drainag into the 140 year floodplain or ceways or slopes over 25%. o the 16. Lot 12 shall be subj in Sections s1896 494 and 18h 98 of theme Code. for flag lots contain ` 17. A tree cutting permit shall be obtained from the City prior to removing any trees over 6 inches in dim*ter. approval by the Planning Director and City 18. After review and Engineer, the Final Plat shall be recorded with Washington County 19, This approval is valid if exercised within one year of the fina►1 decision date noted below. licant be notified of the entry of this It is further ordered that the app e, order. ,r1 PASSED: This _, ___.__ day of � e 1986, by the Planning ' a Commission of the City of Tigard. C/ _ p A. Donald Moon, President Tigard Planning Co* mission (KSL:bs97) Y t .FINAL. ORDER 118 . 86-wMPC PAGE b .0 - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 3, 1986 AGENDA ITEM #: i DATE SUBMITTED: March 3, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision SDR 3-86 Charles LaDeRoute PREPARED BY: Community Development REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: s-a saes aaaa a as arias caaasaa sa aaa a maaaasaaaaaassaaasa saaaa aea=aaaasaaaaaacaaaaass POLICY ISSUE a:aria-ss:ssaassaaasasss sas:s:-assaaamasassssasa-saamsasasssaaas--sass-aaa-ssas INFORMATION SUMMARY Attached is the Notice of Decision SDR 3-86, Charles LaDeRoute for a Site Development Review on property zoned C-P (Commercial-Professional) permitting development of a 1600 square foot office building and related facilities at 11705 SW 68th Avenue. sasssasssssasassassaassswaasswssssasssasssawasssassasassaassssssassasasssassasa ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. saiwarsasaaaaaassssasssssasaswsaassssasssasssasasa-sass--a-----masa---ass----- i SUGGESTED ACTION' Receive and file. l CITY OF TIGARD NOTICE OF DECISION SDR 3-86 APPLICATION: A request by Charles LaDeRoute for a Site Development Review on property zoned C-P (Commercial-Professional) permitting development of a 1600 square foot office building and related facilities. Location: 11705 SW 68th Avenue (WCTM 1S1 3600, Lot 2600). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT I. Background No previous applications have been reviewed for this property. 2. Vicinity Information Properties located to the north, east, south and west are all zoned C--P (Commercial Professional). 3. Site Information and Proposal Description The site was formerly a residence and a 1600 square foot structure still exists on the property. The applicant proposes to develop the site as the corporate headquarters of Cornerstone and Associates. Inc., a general contracting business. No heavy equipment will be located or stored on the premises. There will be five employees. 4. Agency and NPO Comments The Tualatin aural Fire Protection District had the following comment: In accordance with Uniform Fire Code Article 10, a fire hydrant location should be provided so that no part of a commercial building is more than 250 feet from a hydrant. UFC 10.301(f). The Building Division commented that storm drainage is a problem. The Engineering Division had the following comments: a. Both S.W. 68th Avenue and S.W. Saylor Street are not in our right-of-way jurisdiction. Subsequently, until the City formally acquires jurisdiction of said right-of--way, it is recommended that any work that is to be performed therein be authorized via a County (Baylor) and a State permit (68th) that the applicant must obtain the nQcessary permits. NOTICE OF DECISION - SOR 3-86 - PAGE 1 L b. Although there appears to be no short-term need for a sidewalk adjacent to the Baylor Street cul-de-sac, a sidewalk should be required. No variance request was filed to relieve this requirement. 8. ANALYSIS AND CONCLUSION The proposed development is consistent with relevant portions of the Community Development Code pertaining to building height and setbacks, parking (11 spaces where 5 are required), access and egress, tree removal provisions and landscaping and screening. Special notice should be given to the applicant's efforts at preserving existing fir and oak trees on the property. C. DECISION The Planning Director approves SOR 3-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL nE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half-street improvements including sidewalk. from adjacent to the cul-de-sac curbline from the west property line of the site to a point half-way around said cul-de-sac, curb replacement, concrete driveway apron, and utility service shall be installed along the S.W. 68th Avenue frontage. Said improvements along S.W. Baylor Street shall conform to the alignment of existing adjacent improvements. 3. Three (3) sets of pian-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. q. Construction of proposed public improvements shall nootcommepublce until after the Engineering Section has issued approved improvement plans. S. Applicant shall obtain a permit from the State Highway Division to perform work within the right-of-way of S.W. 68th Avenue. 6. Applicant shall obtain a Letter of Service ability from Washington County to perform work within the right-of-way of S.W. Saylor Street. 7. A copy of the State Permit and the County Permit shall bQ provided to the City by the applicant. NOTICE OF DECISION - SDR 3-=86 - PAGE 2 8. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Nall and mailed to: X The applicant 6 owners X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON March 10, 1986 _ UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community e Development Code which provides that a written •appe al must filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. March 10, 1986 . 4. Questions: If you have any questionr, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW A:h, PO Box 23397, Tigard, Oregon 97223, 639-4171. EPA 0 Y: Deborah A.-St , Assistant Planner DATE illiam A. Monahan. Director of Planning & Development TE APPROVED (DAS:pm/2387P) CE Ei�/ �.. NOTICE OF DECISION - SDR 3-86 - PAGE 3 CITY OF TIGARDQ, OREGON COUNCIL AGENDA ITEM SUMMARY f AGENDA OF: March 3 1986 AGENDA ITEM : DATE SUBMITTED: March 3, 1986 PREVIOUS ACTION: N/A _ ISSUEIAGENQA TITLE: Approval of OLCC Applications PREPARED BY: Loreen Wilson REQUESTED BY: Various Applicants DEPARTMENT HEAD OK: i-J CITY ADMINISTRATOR: POLICY ISSUE INF0RMATI0N SUMMARY The following businesses have submitted renewal applications for Council approval: o Gafer's Prime Rib 6 Seafood Restaurant, 205 Tigard Plaza, DA Appl. o Pizza Caboose Ltd, 11670 SW Pacific Hwy. , RMB Application The Police Department has conducted records and background checks and the Acting Chief of Police recommends approval of applications, ` ALTERNATIVES CONSIDERED 1. Approve applications. 3. Deny application requests. SUGGESTED ACTION Approve applications. lw/3585A