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City Council Packet - 05/14/1990A G E N D A Ai~ CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (6:30 p.m.) Washington County Solid Waste Siting Committee - Update from Paul Morris of McKeever/Morris 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS (Mayor Edwards) 2.1 Safe Kids Week 2.2 National Police Week 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. 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: 4.1 Approve Council Minutes: April 9 and 16, 1990 4.2 Receive and File: Council Meeting Calendar 4.3 Call for Public Hearing - Street Vacation Right-of-Way Request Located South and East of Pacific Highway and Highway 217 - Resolution No. 90-?3 4.4 Approve Final Order - Comprehensive Plan Amendment CPA 90-0003/Zone Change ZON 90-0001 (Cunningham/BP) - Resolution No. 90-- 4.5 Approve Establishment of a Money Purchase Plan, ICMA 401A, for Non-Sworn Tigard Police Officer Association Members - Resolution No. 90_27-j 4.6 Approve Recommended Liquor License Fee Changes - Resolution No. 90 l COUNCIL AGENDA -MAY 14, 1990 -PAGE 1 f~ 5. CONTINUATION OF PUBLIC HEARING -STREET VACATION FOR PORTIONS OF SW LOCUST STREET The request for vacation of portions of S.W. Locust Street was initiated by City Council on March 12, 1990, and called for a public hearing on April 23, 1990 to determine whether the right-of-way should be vacated. On April 23, the Council postponed the vacation action until questions raised during public testimony could be addressed. o Public Hearing Continued from April 23, 1990 o Summation and Recommendation by Community Development Staff o Council Questions or Comments o Public Hearing Closed o Consideration by Council: Ordinance No. 90-j~j CONSIDERATION OF ORDINANCE - REVISE TIGARD MUNICIPAL CODE TITLE 14, BUILDINGS AND CONSTRUCTION (1990 ONE- AND TWO-FAMILY DWELLING SPECIALTY CODE) -ORDINANCE NO. 90-_L4_ 7. NON-AGENDA ITEMS : From Council and Staff 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT } COUNCIL AGENDA -MAY 14, 1990 -PAGE 2 T I G A R D C I T Y C O U N C I L MEETING MINUTES - MAY 14, 1990 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Valerie Johnson and Carolyn Eadon. Staff Present: Patrick Reilly, City Administrator; Gary Alfson, Transportation Engineer; Ron Bunch, Senior Planner; Ed Murphy, Community Development Director; Tim Ramis, City Attorney; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION: Update From Washington County Solid Waste Siting Committee Washington County Commissioner Steve Larrance and a consultant from McKeever and Morris, Mr. Paul Morris, reviewed with council accomplishments to date by the Washington County Solid Waste Siting Committee. The Committee has developed a Concept Plan. Principles of the Plan include the following: o Promote maximum levels of recycling and source separation. o The system is to be based on the strengths of existing local solid waste business. o New facilities are to be distributed equitably throughout the County. The first phase of the concept plan deals with issues which will have an effect on the whole region. There are three major components to solid waste; that is, collection, transfer, and disposal. Washington County has the potential and influence to impact all components. There was discussion on specific issues before the Committee. These issues included location of transfer stations and material; facility ownership (private versus public); procurement of facilities; incentives for recycling; land-use siting process; financing, and rate setting. It was noted that the State of Oregon has committed to 56% recycling within six years. Facilities and programs are needed in the County; i.e., transfer stations/material recovery centers; household hazardous waste material drop sites; yard debris recycling; and waste reduction programs. There was discussion on the importance of consumer education and pressure to eliminate "fancy" packaging. Also, in response to a question from the City Attorney, Commissioner Larrance CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 1 acknowledged it was difficult to find enough land area within urban growth boundary; many of the solid waste uses were land extensive. It may be possible that sites outside of the urban growth boundary will be identified. He advised that Washington County will probably need three transfer sites. Review of Planning Commission Land Use Decisions: Senior Planner Liden reviewed three land use decisions made by the Planning Committee on May 8, 1990 (see memorandum dated May 11, 1990 from Senior Planner to Council). Council consensus was that SUB 90-04 and SDR 90-04 Triad/Kampe would be discussed under Non-agenda items. 3. PROCLAMATIONS: The following proclamations were endorsed by the Mayor: a. Safe Kids Week, May 14 through 20th. b. National Police Week, May 13 through 19th. 4. VISITOR'S AGENDA: o Jim Nicoli, resident of the City of Tigard, advised of problems he has encountered when working with the City on small development projects. He noted difficulties in contacting staff members over the telephone and being asked to work with up to four different individuals on one project. He also noted that the time required to process a small development was inordinate. Mayor acknowledged Mr. Nicoli's concerns and said he hoped communication problems were isolated incidents. Mayor also noted the many favorable comments staff receives about their working relationship with developers and citizens. After discussion, consensus of Council was to meet with Mr. Nicoli in a Study Session meeting to review his suggestions. o Nancy Smith, 12630 SW Walnut Street, Tigard, advised of her concerns about the Murray Boulevard Extension and adverse impacts to her neighborhood due to increased traffic if this roadway were completed as proposed in the Urban Planning Area Agreement. She noted her efforts to contact staff in the City of Beaverton and Washington County to determine their position on the issue. Mayor Edwards responded that the City has been in contact with both Beaverton and Washington County on this and other issues. Meetings will be scheduled after the CITY COUNCIL MEETING MINUTES - MAY 14, 1990- PAGE 2 May 15 election (both Beaverton and Washington County have officials on the ballot). Ms. Smith will be contacted as soon as dates and locations are known. o Barbara Martin, resident on 12600 SW Walnut, read a letter into the record expressing her serious concerns over the Murray Extension. She noted the need for better planning and for consideration of equal rights of all persons. She noted the proposed development between 135th and Scholls Ferry was good, but was concerned about the Walnut extension. "I want to be assured that it will never be a part of Murray. It should be just another city street not a throughway. Therefore, let's not allow for arterial widths and turn lanes. Let's put in a three way stop at 135th. Let's set the speed at 25 mph to assure residential traffic only." o Gary Steele, 12645 SW 135th Avenue, noted several concerns with a recent Planning Commission decision on a subdivision proposal located between 135th and Scholls Ferry Road. He said he was opposed to the single-car garages as proposed, as this would not adequately provide for parking in this area. He recommended that preliminary plans for the construction of apartments of the 12 1/2 acre parcel of McDonald Partners property be presented to the NPOs and CPOs involved to allow for their input. He commented on the street signs in the new development and questioned if it was wise to call one street three different names. He proposed calling the street Walnut Street. He noted his concurrence with Ms. Smith's testimony with regard to negative impacts if the "Murray Road Extension" were completed. o Judy Fessler, Planning commissioner, 11180 SW Fonner, advised it was her understanding the Council was to have received a memorandum from Commissioner Fyre requesting Council to review the subdivision proposal between 135th and Scholls Ferry Road. Council had not received this memo; however, it was noted this issue was going to be discussed during the Non-Agenda portion of the meeting. o Greg Hathaway, 121 SW Morrison Street, Portland, tstified as legal counsel for McDonald Partners who were developing the subdivision discussed the testimony above. He advised that his clients have complied with all criteria required by the City for this subdivision. He said it would be unfair for the Council to call up this quasi-judicial matter to review the Murray Road Extension issue which was a legislative matter. CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 3 Mr. Hathaway suggested the subdivision be allowed to go forward while Council takes time out to determine if there was a way to not adversely commit to the extension of Murray Boulevard through a UPAA amendment process. Councilor Eadon noted this topic was scheduled for discussion during the non-agenda portion of this meeting. o Debbie Johnson, 11100 SW Tony Court, advised she was a proponent of the recent public hearing advocating temporary closure of S.W. North Dakota Street. The Council decided, at their April 30, 1990 meeting, against closing the street. Ms. Johnson said she was working on an alternative solution to the neighborhood's traffic problem; however, this would impact Lot 29 which was presently vacant. She has been working with a builder who has a building permit for this lot. The builder has advised he will wait no longer and was going to break ground tomorrow. Ms. Johnson appealed to the Council to ask the builder to delay construction to allow more time to work on the traffic issue. Legal counsel for the City advised Council they could not legally prevent the builder from commencing construction since he had a building permit. After discussion, Mayor Edwards and Councilor Johnson offered to telephone the builder to ask him to delay ground breaking for another week. 5. CONSENT AGENDA: 5.1 Approve Council Minutes: April 9 and 16, 1990 5.2 Receive and File: Council Meeting Calendar 5.3 Call for Public Hearing - Street Vacation Right of Way Request Located South and East of Pacific Highway and Highway 217 - Resolution No. 90-23. 5.4 WITHDRAWN: Approve Final Order - Comprehensive Plan Amendment CPA 90-0003/Zone Change ZON 90-0001 (Cunningham/BP) - Res. No. 90- 5.5 Approve Establishment of a Money Purchase Plan, ICMA 401A, for Non-Sworn Tigard Police Officer Association Members - Resolution No. 90-24 5.6 Approve Recommended Liquor License Fee Changes - Resolution No. 90-25 Motion by Councilor Eadon, seconded by Councilor Johnson, to approve the Consent Agenda. The motion was adopted by a unanimous vote of Council present. (Note: Agenda Item .4 was withdrawn by the developer.) CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 4 6. CONTINUATION OF PUBLIC HEARING - STREET VACATION FOR PORTIONS OF SW LOCUST STREET The request for vacation of portions of S.W. Locust Street was initiated by City Council on March 12, 1990, and called for a public hearing on April 23, 1990, the Council postponed the vacation action until questions raised during public hearing testimony could be addressed. a. Public Hearing Continued from April 23, 1990 b. Summation and Recommendation by Community Development Staff: Community Development Director advised that the owner of Tax Lot 400, immediately to the east of the area under consideration, was concerned that a portion of his property was also earmarked for dedication as public right-of-way. He presented a map clarifying exactly which area was being vacated and which area was being dedicated as part of the City right-of-way; and Tax Lot 400 was not included as part of the affected area. He noted Council packets included a copy of Randy Wooley's letter to the concerned property owner explaining the situation. He advised that a revised ordinance had been prepared which included the same legal descriptions as before but with a revised map showing the precise locations for vacation and dedication. He recommended approval of the ordinance. C. Council questions or comments: None d. Public Hearing Closed e Consideration by Council: ORDINANCE NO. 90-13 AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED AT A PORTION OF S.W. LOCUST STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY OREGON. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Resolution No. 90-13. The motion passed by a unanimous vote of Council present. 7. CONSIDERATION OF ORDINANCE - REVISE TIGARD MUNICIPAL CODE TITLE 14, BUILDINGS AND CONSTRUCTION (1990 ONE- AND TWO-FAMILY DWELLING SPECIALTY CODE) - ORDINANCE NO. 90-14 An amendment to the City of Tigard Municipal Building Code Title 14 to adopt the current State Building Code. a. Mayor Edwards reviewed the staff report which outlined the State of Oregon's adoption of 1990 one- and two- CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 5 family dwelling specialty code as part of the State ' Building Code. ORS.455.040 mandated that no municipality shall enact or enforce any ordinance, rule or regulation relating to the State Building Code that provided for different requirements. Title 14 of the Tigard Municipal Code adopted codes requires an update to reflect the above State changes to the Building Code. b. Community Development Director clarified the changes to the Tigard Municipal Code and stated the only item in Title 14 proposed for change was Item 5, which related to the State's One- and Two-family Dwelling Specialty Code. The wording would change to include "...1990 Edition based on the 1989 Edition of the Council of American Building Officials, adopted by the State of Oregon Building Code Agency, effective April 1, 1990, as authorized by ORS 455.310-350, 455.450, 455.610-690 and 455.990." C. After brief discussion, Council called for reading of the ordinance. ORDINANCE 90-14 - AN ORDINANCE REVISING TIGARD MUNICIPAL CODE TITLE 14, BUILDINGS AND CONSTRUCTION (1990 ONE- AND TWO-FAMILY DWELLING SPECIALTY CODE) Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Ordinance No. 90-14. The ordinance was passed by unanimous vote of Council present. 8. NON-AGENDA ITEMS: a. Councilor Johnson requested that the Council discuss the Planning Commission Final order concerning SUB 90-04, the McDonald/Krueger subdivision which is located between 135th and Scholls Ferry Road. The project includes the construction of the Murray/Walnut connection between these two streets. She asked staff to review the various options available. City Administrator advised he has had meetings with both the City of Beaverton and Washington County to discuss the Murray extension, primarily focusing on the linkage between old Scholls Ferry Road and the new Scholls. He stated that the City of Beaverton indicated willingness to work with the City of Tigard; however, meetings were being delayed until after the Beaverton City Council election takes place on May 15. He further advised he was in the process of attempting to prepare a negotiated settlement. CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 6 City Attorney advised that the Urban Planning Agreement between Washington County, City of Tigard and City of Beaverton is subject to LCDC review, as it was tied to the Regional Transportation Plan. Gary Steele, who spoke during Visitor's Agenda, clarified the position he and neighbors' hold. He stated they were not opposed to the McDonald Partners' development. He requested the Council address the Murray Boulevard extension as a separate issue, and suggested meetings to deal with this topic. Councilor Eadon expressed concern about approving the building of developments with sidewalks only on one side of the street. It was agreed that topic should be discussed at a later date. Council discussed the issue of single-car garages with regards to planning and density requirements. In addition, the name of Walnut Street was discussed; and it was determined that discussion with the developer was the best approach. After lengthy Council discussion, consensus was that the concerns over the Murray/Walnut connection should be considered in a different forum other than Council call- up of this Planning Commission decision. It was agreed to schedule meetings with Beaverton and Washington County to discuss the Murray/Walnut issue. b. Councilor Eadon requested that Council discuss the Triad development, located on Naeve Street. She expressed concern about the traffic ramifications of the development in light of the Planning commission decision to close 109th on the south side of Naeve Street. This closure concerned staff because: 1) the Commission does not appear to have the authority to close an existing street; 2) emergency service providers such as the Police Department and Fire District were not consulted regarding the closure; and 3) the action results in a dead-end street of approximately 2400 feet. She suggested calling up SDR 90-04 to deal with traffic issues only. After discussion, a motion to call up SDR 90-04 was made by Councilor Eadon, seconded by Councilor Johnson. Mayor Edwards abstained. Motion was approved by a 2-0-1 vote of Council. CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 7 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:30 p.m. under the provisions of ORS 192.660 (1) b (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT: 10:08 p.m. Catherine Wheatley, City Re rder CCM514 C CITY COUNCIL MEETING MINUTES - MAY 14, 1990 - PAGE 8 Cl) LO n m W V JZ Z 0 G m 0 a ~o O M A ~ O ~R n V z 2 O Z a C O O J Co > o a m m ao Co ''AA n Q W a ~v\ W u q~ Q W. •OU W ~ Z Q Co H 0 C OC .y ` v r m Q 13 ❑ d ~r 0 Z C1 m J • • O M N S- n to r~Ol O)M i F--- m C) 4- O X-0 M CTJ •r O •r U o_ F-- r 0 0 M ~3 ~ • U P. A F~ Q .Nall co.~ p0 -.SV' U f2 : Q a3 -Fa 5- 9. e~ w o.. Z O Q U J m CL LL O F_ Z 5; 0 Q 0 Z LL ox: Q W Q OLL U. 0~ W Z F- ~ Q CD U 9 S ~o U O „'b4 v1 C _ - L t C y O O ` C7 C C o (D r (D Z W 'O = V ) m E=- > > - E n. Co co-v m - S y co 3 - c ~ m r• v v m N c TI- O a X O m 0 cc c w F CC G> C O. N coo © + 2 cam- HY U +=+N m m m n uly . off` in m V V rN L 0 a c •O Co ~~-.r t y 3 n. ~ a~N - •j C t'DO V t C o 0 p Ol Q 01 3 t .--i f /1 yc• - - O a O a s z; O c O .--1 L a N V O O V > m O y q O ~ •W y U V 3 r C C m C C ' O. C O .00 (0 N Co 0 0 O m Ol C O O 'F O O A rt ~ ° a t c C co O Z w m E m M O ~ c 3 CO .p C W •O m U m .C E > a E p. U L1. LL 2 a' CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed -r' t ct ]C' P Vos. qj 0 - l3 al" d lqo cl STATE OF OREC-ON ) County of Washington ) ss City of Tigard ) I, Y~llV begin first duly sworn, on oath, de and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) CIO-13 r o c~ OU - l (-l which were adopted at the Council Meeting dated err copy(s) of said ordinance(s) being too attached and reference made a part hereof, on the Iq date of m a-- , 1990. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. US National'-Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and SW Durham Road, Tigard, Oregon C Subscribed and sworn to before me this date of 19 . ke/CWPOST No Public for Oregon My Commission Expires: CITY OF TIGARD, OREGON ORDINANCE NO. 90-Ll- AN ORDINANCE VACATING A PUBLIC STREET RIGHT-OF-WAY LOCATED ON A PORTION OF S.W. LOCUST STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on March 12, 1990; and WHEREAS, the reason and purpose for this vacation is to eliminate a certain portion of public street right-of-way in exchange for the dedication of new street right-of-way to accommodate the new alignment of S.W. Locust Street; and WHEREAS, all abutting property owners have demonstrated support for the proposed vacation; and WHEREAS, the vacation is recommended by the Planning Commission and the Community Development Department subject to certain conditions as listed below; and WHEREAS, all affected service providers including utility companies. and emergency services have reviewed the vacation proposal and have no objections or concerns; and WHEREAS, in accordance with ORS 271.100, the TMC 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 by ORS 271.080; and WHEREAS, the Council having held a hearing on April 23, 1990 and May 14, 1990, 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 that certain portion of public street right-of-way for S.W. Locust Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. Weston Investment Company and the. City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication deed on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit ^B^. 2. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with ORDINANCE NO. 90-/ 3 Page 1 the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right-of-way, as described on the attached Exhibit "A" and Exhibit "C" (map), and by this reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: Weston Investment Company and the City of Tigard shall comply with the June 22, 1989 agreement between Weston and the City. Weston will convey to the City, by dedication deed on a form acceptable to the City, the property required for the realignment of S.W. Locust Street as described in Exhibit "B" and Exhibit "C" (map). SECTION 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council, approval by the Mayor, and after a certified copy of this ordinance has been recorded' with the Washington County Clerk, Assessor,. .and Surveyor. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By ~'7%~7~GU5 vote of the Council members present after being read by number and title only, this day of kA4, 1990. Catherine 4hpatley, city Recorde APPROVED: This A/ day of C ,.1990. i / Gerald R. Edwards, Mayor A1o7ved as s to form: City Att 7767 ~ L Date LOCUST.ORD/kl ORDINANCE NO. 90-1 Page 2 i Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 204 I) Tigard, Oregon 97223 Lum 503-684-0652 Locust Street Vacation EXHIBIT..a Project No. 451-02-89 March 29, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S., R.1W., W.M., City of Tigard, Washington County, Oregon, being more parti- cularly described as follows: All that portionof S.W.• Locust Street dedicated as public way by the subdivision plat of "Lehmann Acre Tract", "Town of Metzger", and by dedication deed as recorded June 6, 1972, in Book 870, Page 594, Washington County deed records, lying easterly of the west line of Lot 5, "Marlo Tracts", a duly recorded subdivision plat; lying westerly of the west line of vacation ordinances recorded in Book 964, Page 269 and Book 883, Page 102, Washington County deed records; and lying northerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1/4, Section 35, T.1S., R.1W., W.M., said point also bears North 0°26'00" West, 30.00 feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"; thence, South 89°34'00" West, along the north line of said "Town of Metzger", 29.39 feet; thence, at right angles to said north line, North 0°26'00" West, 30.00 feet to a point of curvature and the true point of beginning; thence following the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77°40'54" East, 196.44 feet) through a central angle of 25*30111", a distance of 198.07 feet to a point of tangency; thence, South 64°55'49" East, 73.08 feet to a point of curvature; thence, following the arc of a 385.00 foot radius curve to the left (the long chord of which bears South 77°36'40" East, 169.03 feet) through a central angle of 25021141", a distance of 170.42 feet to the terminus of said line. EGISTEPED Contains: 2,680 sq. ft. s+R0fES510NA1 L -MD 5l1RVEY0R fLi. A .3_KY ENGINEERING / SURVEYING / PLANNING Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 204 II Tigard, Oregon 97223 503-684-0652 Locust Street Dedication Tax Lot 700, 1S1 35AA Project No. 451-02-89 March 29, 1989 EXHIBIT B LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4, Section 35, T.1S. W.M., City of Tigard, Washington count ' . R.1W., parti- cularly described as follows: y• Oregon, being more All that portion of that tract of land, as described in conveyance to Weston* Investment Co., recorded in Fee No. 83-33175, Washington county deed records, lying northerly of the northerly line of that'strip of land dedicated as public way, recorded June 6, 1972, in Book 870, Page 592, Washington County deed records, and southerly of the following described line: Beginning at a point on the north line of the duly recorded subdivi- sion plat of "Town of Metzger" in the N.E. 1S., R.1W., W.M., said point also bears North 0°26`00" West Section on 30 35.,00 T. feet from the northeast corner of Lot 3, Block 3 of said "Town of Metzger"- thence,South 89°34'00" West, along the north line of said "Town of Metzger", 29.39 feet- North 0°26'00" West feet; North at right angles to said north line, point of 0in ' 30.00 feet to a point of curvature and the true g; thence following the arc of a 445.00 foot radius curve to the right (the long chord of which bears South 77°40154" East, 196.44 feet) through a central angle of 25030111", 198.07 feet to a point of tangency; thence South 05 distance of 73.08 feet to a point of curvature; thence, following the4arc of Sta 51911 385.00 foot radius curve to the left (the long chord of which bears South 77036140" East, 169.03 feet) through a central angle of 250211141", a distance of 170.42 feet to the terminus of said line. Contains: 2,000 sq. ft. C. L===-- ENGINEERING REGISTERED PROFESSIONAL LAND SURVEYOR O R E G O N JULY 13, 19)9 1EONARD SCHELSKY 18 41 1 SURVEYING / PLANNING SW 90TH AVE. 0 0 0 0 o 0 , N A ca ' SW 90TH AVE. ° ° o 0 ° o 0 0 g ~ w d r-h ° N cNo ° CD p, o o O w O in N z ® n c m w co w a 0 m o o C V1 A m O 0 0 W r.. O m rn CL o Z A m 0 i 0 m i x A W (wii 0 m =r I s,/ p o0 n i~■ 0 cr JEFFERSON o mO Q1 N ° cx o 0-1 o i Z CO) d qJ N y ~ ~ O i ( _0 N a O Q. s. d it n w, Q.Q. SW 87TH AVE. w 0 N W w O O O O W O fA ~ n a K- 0 0 1 i 0 O S w HALL BLVD. W O CITY OF TIGARD, OREGON ORDINANCE NO. 90- /4 AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND REPLACING THEM BY ADOPTING THE STATE BUILDING CODE AND DECLARING AN EMERGENCY. WHEREAS, Tigard Municipal Code Title 14, "Buildings and Construction," provides regulations for building and construction, including electrical, plumbing, mechanical, and building codes; WHEREAS, Tigard Municipal Code Title 14 is largely based upon and incorporates national and state standards and regulations; WHEREAS, Tigard Municipal Code Title 14 is in certain respects outdated, incomplete, or unduly burdensome; WHEREAS, the City Council desires to provide for the enforcement of its ordinances regulating building and construction; THE CITY OF TIGARD'ORDAINS AS FOLLOWS:. Section 1. Title 14, Section 14.04.030 is repealed and replaced as follows: 14.04.030 State codes adopted Except as otherwise provided in this chapter, the following state specialty codes are adopted and shall be in ..force and. effect as part of this municipal code: (1) State of Oregon .Structural Specialty Code, 1990 Edition, including Chapter 70, Section 7001--7015, regarding Excavation and Grading, based on the 1988 Edition of the Uniform Building Code, adopted by the State of Oregon Building Codes Agency effective January 1, 1989, as authorized by ORS 455.020 and ORS 455.010 - 455.990; (2) The 1988 Uniform. Building Code standards as published by the International Conference of Building Officials; (3) State of Oregon Mechanical Specialty Code, 1990 Edition, based on the 1988 Edition of the Uniform Mechanical Code, adopted by the State o5' Oregon Building Codes Agency effective January 1, 1990, as authorized by ORS 455.020 and ORS 455.010 - 455.990; (4) State of Oregon Plumbing Specialty Code, 1990 edition, based on the 1988 Edition of the Uniform Plumbing Code, Adopted by the State of Oregon Building Codes Agency, Effective January 1, 1990, as authorized by ORS 455.020 and ORS 455.010 - 455.990; (5) State of Oregon One and Two Family Dwelling Specialty Code, 1990 Edition based on the 1989 edition of the Council of American Building Officials, adopted by the State of Oregon Building Code Agency, effective April 1, ORDINANCE NO. 14 PAGE 1 1990, as authorized by ORS 455.310-350, 455.450, 455.610-690 and 455.990; At least one copy of each of these specialty codes shall be kept by the building official, the city recorder and the Tigard Public Library, and shall be available for inspection upon request. Section 2. Title 14, Section 14.12 is repealed. Section 3. Inasmuch as it necessary that the building code be adopted with the least possible delay in order to insure that reasonable safe- guards for health, safety, and welfare of the public are maintained, pursuant to the construction of buildings. An emergency is hereby declared to exist, and this ordinance shall become effective immed- iately upon passage and approval by the Council. PASSED: By, (//lA0/rnvUS vote of all Council members present after being read by number and title only, this day of , 1990 JAJ Cathy Wheatley, City Recorder APPROVED: This /Z day of , xz/~/ s, Mayor Approved as to form: !~5-1iy/co Date br/bldcode.BCR ORDINANCE NO. PAGE 2 -Gi~y Attorney 14.04.010--14.04.020 Title 14 BUILDINGS AND CONSTRUCTION Chapters: 14.04 Building Code 14.08 Plumbing Code 14.12 Electrical Code 14.16 Abatement of Dangerous Buildings 14.20 Moving of Buildings 14.24 Swimming Pools Chapter 14.04 BUILDING CODE* Sections: 14.04.010 Title. I 14.04.020 Definitions. t 14.04.030 State codes adopted. 14.04.040 Administration. 14.04.050 Uniform Building Code--Appendix 11 adopted-- 0C Agricultural buildings. 14.04.060 Structural Specialty Code--Section 307 amended--Occupancy. 14.04.070 Occupancy restriction recordation. 14.04.080 Structural Specialty Code--Section 204 amended--Appeals. 14.04.090 Violation--Penalty. 14.04.010 Title. This chapter shall be known as the building code ordinance and may also be referred to as "this chapter," or the "building code." (Ord. 86-53 §2(Exhibit A §1), 1986) 14.04.020 Definitions. For the purpose of Sections 14.04.010 through 14.04.090, the following terms shall mean: (1) Building Official. "Building official" means the designee or designees appointed by the director of community development who is responsible for building inspections and enforcement of the building code. (2) State Building Code. "State building code" means the combined specialty codes as listed in Section 17.04.030. (Ord. 86-53 §2(Exhibit A §2), 1986) * For statutory provisions allowing adoption of codes, C see ORS 221.330. 170 (Tigard 11/15/86) 14.04.030--14.04.050 14.04.030 State codes adopted. Except as otherwise provided in this chapter, the following state specialty codes are adopted and shall be in force and effect as part of this municipal code: (1) State of Oregon Structural Specialty Code and Fire and Life Safety Regulations, 1986 Edition, including Chapter 70, Sections 7001--7015, regarding Excavation and Grading, based on the 1985 Edition of the Uniform Building Code, adopted by the Oregon Director of Commerce and the State Fire marshal, effective May 1, 1986,.as authorized by ORS 456.730 to 456.885, ORS 456.915 to 456.950, ORS 447.210 to 447.280 and ORS 476.030; (2) The 1985 Uniform Building Code Standards as published by the International Conference of Building Officials; (3) State of Oregon Mechanical Specialty Code and Mechanical Fire and Life Safety Regulations, 1986 Edition, based on the 1985 Edition of the Uniform Mechanical Code, adopted by the Oregon Director of Commerce, effective May 1, 1986, as authorized by ORS 456.730 to 456.885, ORS 456.915 to*456.950 and ORS 476.0.30; (4) State•of Oregon One and Two'Family Dwelling Specialty Code, 1986 Edition, based on the 1983 Edition of the Council of American Building Officials One and Two. Family..Dwelling Code, adopted by the Oregon Director of Commerce, effective May 1, 1986, as authorized by ORS 456.730 to 456.885 and ORS 456.915 to 456.950. (5) At least one copy of each of these specialty codes shall be kept by the building official, the city recorder and the Tigard Public Library, and shall be available for inspection upon request. (Ord. 86-53 §2(Exhibit A §3), 1986) 14.04.040 Administration. The city shall provide a program of building code administration, including plan checking, permit issuing and inspection for structural, mechanical and plumbing work. The program shall be admin- istered by the building official, under the supervision of the community development director. The program shall op- erate pursuant to the state specialty codes listed in Sec- tion 14.04.030 and the remainder of this chapter. (Ord. 86-53 §2(Exhibit A §4), 1986) 14.04.050 Uniform Building Code--Appendix 11 adopted-- Agricultural buildings. Appendix 11 of the Uniform Building Code, 1979 Edition, published by the International Confer- ence of Building Officials is adopted and shall apply to all agricultural building and related activities within the city. .(Ord. 86-53 §2(Exhibit A §5), 1986) 171 (Tigard 11/15/86) ~'AGENDA`tTEM' # 3 = VISITOR'S. AGENDA' DATE^'"5/14/90 - (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED -Q bb; DATE 5/14/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGENDA ITEM NO. 5 - CONTINUATION OF PUBLIC HEARING STREET VACATION FOR PORTIONS OF 'SW 'LOCUST STREET Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation PLEASE I C u d Secs; ol~ MEMORANDUM TO: City Council FROM: Keith Liden, Senior Planner RE: Planning Commission final orders - DATE: 5/11/90 fk - t On May Sth, the Commission made three land use decisions which the staff would like the Council to have the opportunity to review on May 14th. The final orders are attached with exhibit maps. The cases are: 1. SUB 90-04 - McDonald Partners/Krueger This subdivision is located between 135th and Scholls Ferry Road and it includes the construction of the Murray/Walnut connection between these two streets. Persons may appear at the Council in opposition to the construction of this street on the basis that it is inconsistent with the adopted portion of the Bull Mt. Transportation Study. Staff recommends that the commission decision is appropriate and that it should not be called up for Council review. 2. SUB 90-05 - Seiyu Intel./Burton This subdivision is located on Bull Mt. and an appeal may be forthcoming relating to the design of the minor collector street extensions of 132nd and 135th. 3. SDR 90-04 - Triad/Kampe This 364 unit apartment complex caused considerable debate regarding potential traffic impact upon the Summerfield community. The Commission decided to close 109th on the south side of Naeve St. and not connect the northern segment of 109th with the top of Little Bull Mt.. This closure concerns the staff because 1) the Commission does not appear to have the authority to close an existing street, 2) emergency service providers such as the Police Dept. and fire district were not consulted regarding the closure, and 3) the action results in a dead end street of approximately 2,400 feet. The staff recommends that this decision either be remanded back to the Commission for further review or reviewed by the Council. 5-11-90.CC/kl l CITY OF TIGARD Washington County, Oregon 1. 2. 3. 4. 5. 6. 7. NOTICE OF FINAL ORDER - BY PLANNING COMKISSION Concerning Case Number(s): SUB 90-0004/PDR 90-0004/ZON 90-0004/ VAR 90-0008 Name of Owner: Margery Krueqer, et al Name of Applicant: McDonald Partners Address 10260 SW Greenburg Rd. City Tigard State OR Zip 97223 Address of Property: BetweenScholls Ferry Road and SW 135th Avenue south of the Cotswald subdivision Tax.Map and Lot No(s).: 2S1 4B, tax lot 101 Request: A request for; 1) a Zone Change to apply the Planned Development overlay zone to the subject site; 21 Subdivision preliminary plat/Planned Development conceptual plan approval to divide 42.2 acres into 194 single family residential lots to be developed in two phases. In addition a 12.5 acre parcel would be created for potential future multi-family development; and 3) Variances to allow: a) a 34 foot wide right-of-way where 50 feet is normally required, b) a 17 foot garage setback where 20 feet is normal required, and c) sidewalks on one side of all 28 foot wide local streets included in the development ZONE: R-12 & R-25 (Residential, 12 and 25 units/acre) Action: Approval as requested X Approval with conditions Denial Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON _Ma3Z 22, 1990 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. May 22, 1990 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90-12 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A ZONE CHANGE, PLANNED DEVELOPMENT REVIEW, SUBDIVISION PRELIMINARY PLAT REVIEW, AND VARIANCES TO SEVERAL COMMUNITY DEVELOPMENT CODE REQUIREMENTS (ZONE 90-04, PDR 90-0004, SUB 90-0004, VAR 90-0008) The Tigard Planning Commission reviewed the above application at a public hearing on may 8, 1990. The Commission based its decision on the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Subdivision SUB 90-0004, Zone Change ZON 90-0004, Planned Development Review PD 90-0004, Variance VAR 90-0008. REQUEST: 1. Zone change to add the PD (Planned Development) overlay zone to the area of tax lot 101 shown on City of Tigard maps as being located south of the proposed Murray Boulevard extension; 2. Subdivision preliminary plat review of a two phase, 194 lot single-family residential subdivision with one additional 12.5 acre parcel designated for future multi- family development. In addition, the proposed division would result in the creation of three additional parcels on the north side of the Murray Boulevar..d extension - one approximately 5'.0 acre undeveloped parcel currently zoned C-N•and two small R-25 zoned remnant parcels at the intersection of SW 135th•Avenue and SW Walnut Street; 3. Planned Development conceptual plan review of the proposed subdivision; 4. Variances to Community Development Code standards to allow: a) A 37 foot wide local street right-of-way for the proposed Baker Drive, Baker Court and Hood Drive whereas local streets are normally required to have 50 foot wide right-of-ways; b) 28 foot wide roadways for these streets whereas 34 foot wide roadways are normally required; c) sidewalks on one side of all 28 foot wide local streets; d) to allow several lots to exceed the maximum normally allowed lot depth to width ratio of 2.5 to 1; and e) to allow six foot tall fences to be located within the required front yard setback areas of proposed lots 25, 26, 30, 33, 34, 37, 38, 41, and 42 at a distance C FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 1 CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90-12 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A ZONE CHANGE, PLANNED DEVELOPMENT REVIEW, SUBDIVISION PRELIMINARY PLAT REVIEW, AND VARIANCES TO SEVERAL COMMUNITY DEVELOPMENT CODE REQUIREMENTS (ZONE 90-04, PDR 90-0004, SUB 90-0004, VAR 90-0008) The Tigard Planning Commission reviewed the above application at a public hearing on May 8, 1990. The Commission based its decision on the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Subdivision SUB 90-0004, Zone Change ZON 90-0004, Planned Development Review PD 90-0004, Variance VAR 90-0008. REQUEST: 1. Zone change to add the PD (Planned Development) overlay zone to the area of tax lot 101 shown on City of Tigard maps as being located south of the proposed Murray Boulevard extension; 2. Subdivision preliminary plat review of a two phase, 194 lot single-family residential subdivision with one additional 12.5 acre parcel designated for future multi- family development. In addition, the proposed division would result in the creation of three additional parcels on the north side of the Murray Boulevard extension = one approximately 5.0 acre undeveloped parcel currently zoned C-N 'and two small- R-25 zoned 'remnant-' parcels' at the intersection of SW 135th Avenue and SW Walnut Street; 3. Planned Development conceptual plan review of the proposed subdivision; 4. Variances to Community Development Code standards to allow: a) A 37 foot wide local street right-of-way for the proposed Baker Drive, Baker Court and Hood Drive whereas local streets are normally required to have 50 foot wide right-of-ways; b) 28 foot wide roadways for these streets whereas 34 foot wide roadways are normally required; c) sidewalks on one side of all 28 foot wide local streets; d) to allow several lots to exceed the maximum normally allowed lot depth to width ratio of 2.5 to 1; and e) to allow six foot tall fences to be located within the required front yard setback areas of proposed lots 25, 26, 30, 33, 34, 37, 38, 41, and 42 at a distance no less than 10 feet from the front property line. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 1 APPLICANT: McDonald Partners REPRESENTATIVE: OTAK Inc. (Sylvia Clark) (Joe Dills) 10260 SW Greenburg Rd. # 400 17355 Boons Ferry Rd. Tigard, OR 97223 Lake Oswego, OR 97035 OWNER: Margery Krueger, at. al. Route 1 Box 792 Beaverton, OR 97007 LOCATION: Between Scholls Ferry Road and SW 135th Avenue, south of the Cotswald Subdivision. (WCTM 2S1 4B, tax lot 101) COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (approximately 28.9 acres) Medium High Density Residential (approximately 21.6 acres) Neighborhood Commercial (approximately 5.0 acres) ZONING DESIGNATION: R-12 (Residential, 12 units per acre) approximately 28.9 acres R-25 (Residential, 25 units per acre) approximately 21.6 acres C-N (Neighborhood Commercial) approximately 5.0 acres 2. Background Information The area that includes these properties was annexed to the City on June 12, 1983. In August, 1983, the City approved a variety of plan and zone .designations for the area including Medium-High Density Residential (R-20, now R-25), Medium Density Residential (R-12) and Neighborhood Commercial (C-N). In February, 1984, the City approved the relocation of the C-N area from the west side of 135th Avenue to the northwest corner of the proposed intersection of the Murray Road extension and 135th Avenue (CPA 18-83/AC 14-83). In 1985, a shift in the location of the C-N designation to the future Murray Road/Scholls Ferry Road intersection was proposed (CPA 4-85/ZC 4- 85). Because the request was determined to be premature due to unanswered questions related to the Murray Road extension, the four acre C-N designation was reapplied at the original location on the west side of 135th Avenue. It was also agreed that once the alignment of Murray Road was determined, the applicant would be entitled to propose another Murray Road location for the C-N zone. In 1986, the applicant proposed shifting the C-N designation to a five acre parcel at the northeast corner of the intersection of Scholls Ferry Road and the proposed Murray Boulevard extension. The City Council approved the applicant's proposal and included a declaration that the configuration of the five acres designated C-N could be modified to conform with the final alignment of Murray Boulevard. C FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 2 In 1987, a Plan Amendment from Neighborhood Commercial to Medium High Density Residential and a zone change from C-N to R-25 for the 5.0 acres located at the northeast corner of the intersection of SW Scholls Ferry Road and proposed Murray Boulevard extension and a companion Plan Amendment/zone change from Medium-High Density Residential/R-25 and Medium Density Residential/R-12 to General Commercial/C-G for 15 acres at the southeast corner of the same intersection was proposed. That proposal was denied by the City Council. A 170 unit apartment complex was proposed in 1986 on the eastern 11.4 acres of the subject property (SDR 4-86), but the application was withdrawn prior to a decision being made. In April, 1987, an 85 lot subdivision of the eastern 22.4 acres of the subject parcel was approved by the Planning Commission. Also approved was a variance to allow a 444 foot long cul-de-sac whereas a 400 foot maximum cul-de-sac length is permitted•by the Community Development Code (S 87-04, V 87-04). That subdivision was never recorded. Later in 1987, another subdivision proposal for the eastern portion of the parcel was brought before the City's Hearings Officer. That proposal was to divide the 24.75 acre southeastern portion of the larger parcel into 128 lots ranging in size between 5,358 and 7,300 square feet. That proposal was approved by-the Hearings Officer but also was never recorded. 3. Vicinity Information Greenfield Village Apartments and the Cotswald Subdivisions, both zoned R-25 {Residential 25 units per acre), -are located to the north. Vacant land zoned R-25.lies on the east side of SW 135th Avenue. This property to the east has previously received preliminary subdivision plat/conceptual planned development review approval for division. into single family lots as - part•of the Morning Hill Subdivision.. That preliminary plat has '.yet to be recorded.' The property to the west -of the subject site is in" Beaverton and.is.presently designated for high density residential development. The area immediately south consists of smaller acreage home sites that are mostly developed, are within unincorporated Washington County, and are designated for single-family residential development (5,000 square foot minimum lot size). The proposed Murray Boulevard extension which is designated as a collector street will form the northern boundary of the proposed subdivision and will separate this development from the undeveloped Neighborhood Commercial site and the two remnant parcels that are also a part of the parent subject parcel. A collector street designation also applies to SW 135th. Avenue which abuts the site's eastern property boundary. Scholls Ferry Road forms the site's western property boundary. Scholls Ferry Road is a State Highway and is designated as an arterial street. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 3 4. Site Information and Proposal Description The proposed subdivision site is an undeveloped hillside on the northern slope of Bull Mountain. This site has been cultivated with cover grasses. The highest point on the property is approximately 318 feet. The lowest point is approximately 234 feet. The property slopes to the north with an average slope of approximately 10 percent. A drainage swale runs through the approximate center of the site. Several poplar trees are located within that drainage. The southwestern portion of this site has a few conifers. The applicants propose to develop a three phase, combination single-family/ multi-family development from tax lot 101 as illustrated on Exhibit 1. In order to accomplish this subdivision as proposed, the applicants have requested a number of land use and development approvals described below: 2) In order to allow a transfer of density to the western portion of the property, the applicants have requested that the portion of the parcel south of the Murray Boulevard extension alignment be designated with the Planned Development overlay zone through a Zone Change. 2) The applicants request Planned Development conceptual plan approval of the proposed mixed use development. The applicants request that the total number of dwelling units permitted on the development site by the underlying zones be divided between the single family lots to be created at present and the future multi-family development. The applicants request reservation of development opportunity for a maximum of 300 dwelling units on the multi-family site. 3) Subdivision preliminary plat review of the two phase, 194 lot single-. family residential subdivision; and 4) Variances to•Community Development Code. standards: a) To allow- a reduction in•required public local street right=of-way Width. to 37, feet for SW Baker Drive,. SW' Baker Court, and most of SW Hood Drive whereas the Code requires a minimum local street right-of-way width of 50 feet;. b) to allow 28 foot wide pavement sections for these same streets whereas the Code requires 34 foot wide local streets; c) To allow sidewalks on one side of all 28 foot wide local streets included in the development; d) to allow proposed lots to slightly exceed the Code's maximum lot depth-to-width ratio of 2.5 to 1; and e) to allow six foot tall fences to be located within the required front yard setback areas of proposed lots 25,26, 30, 33, 34, 37, 38, 41, and 42 at a distance no less than 10 feet from the front property line. . The applicants have submitted a detailed Request for Planned Development Overlay and Variance document that outlines the reasons for the request, the project's design phasing and design objectives, and provides a narrative which addresses Community Development Code approval criteria for the requested application. The Request should be reviewed for a complete description of the proposal. t FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 4 5. Aaencv and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: a. Access to the site is proposed via an extension of Walnut Street (also known as the Murray Boulevard extension), west from 135th Avenue to Scholls Ferry Road. Two public street accesses are shown to connect to Murray Boulevard, one across from Wilton Avenue and the second approximately 500 feet east of Scholls Ferry Road. The accesses are spaced approximately 900 feet apart and are acceptable. In response to City staff recommendations, future accesses to the south are proposed to provide for potential future connection from the Fern Street area, approximately 900 feet and 2200 feet west of 135th Avenue. The access locations are proposed to be centered on lot lines of larger parcels which have potential for future partitioning. The locations shown are acceptable. b. The alignment of Murray Blvd. is defined in the Urban Planning Area Agreement (UPAA) between the City and Washington County adopted in November, 1988. The UPAA was established to enable the Comprehensive Plans of Tigard, Beaverton, Washington County, and the State to be consistent as required by Statewide Planning Goal # 2. Murray Boulevard is designated as a collector street with 2 travel lanes, a design speed of 35 mph, a minimum 40 foot pavement width, bike lanes, limited access, within a 60 foot right-of-way. The UPAA provides for additional lanes at the Scholls Ferry intersection and turn lanes at major intersections. The intersection of 135th Avenue to the north is to be a "T" intersection, with Murray Boulevard as the through street. C. The impacts. of Potential traffic from this site were considered as- part of: the Northeast' Bull Mountain Transportation Study.. *Report ' issued in January., 1990. The site is proposed to be developed to a density of approximately one half of the allowable density which was used in the study. This. study assumed that Murray Boulevard, as defined in the UPAA, would be constructed as part of the collector street system. The study includes a traffic analysis which concludes that additional lanes may be needed on portions of Murray Boulevard when the Bull Mountain area is fully developed. The reduced density proposed will not affect the traffic analysis conclusions. The Study Report recommends that right-of-way be reserved to provide for future construction of these additional lanes if and when they become necessary. Based on a review of the traffic analysis, the proposed development, and the provisions of the UPAA, we recommend that Murray Boulevard, where it abuts the proposed development, be constructed as follows: FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 5 A. A two-lane street with a minimum width of 40 feet within a 60 foot right of way. B. A 44 foot wide street with a minimum 100 foot long center turn lane at all intersections. C. Additional right-of-way be dedicated to 45 feet from centerline to provide for the construction of future additional lanes as follows: a. On both sides of Murray Boulevard between Scholls Ferry Road and the first street of the subdivision, to provide for future additional lanes at the Scholls Ferry Road intersection. b. On the west side of 135th Avenue, 100 feet from the south boundary of the subject site to provide for a future right- turn lane. C. On the north side of Murray Boulevard 100 feet from the new intersection of 135th Avenue to the existing right-of-way of 135th Avenue, to provide for a future right-turn lane. D.. Transitions in right-of-way width should have a taper rate of 15:1 for widening and 35:1 for restricting widths. d. The new alignment of Murray Boulevard should be improved to the standards shown above to provide two through traffic lanes, a center turn lane where necessary, bike lanes, curbs, and six foot wide sidewalks on both sides. A minimum of half street improvements should be constructed where. the subdivision abuts the existing right-of-way of 135th Avenue. The improvements'. should. provide for 2 lanes of traffic. e. 135th Avenue should be extended from the 135th Avenue LID improvements to Murray Boulevard as a 40 foot wide roadway with curbs and five foot wide sidewalks. f. Scholls Ferry Road is a State Highway and is currently a two lane paved roadway with gravel shoulders and ditches. The State Highway Division has commented that the intersection should be evaluated to determine the interim improvements needed to handle the existing traffic at the Murray Boulevard intersection. Future improvements would be imposed as conditions of development approval for the commercial site and the multi-family site. Right-of-way should be dedicated to 45 feet from centerline. g. The proposed development plans show the loop Street, Northview Loop, between the two accesses to Murray Boulevard to be improved to full local street standards. The streets within the proposed single family development are proposed to be a variation to the local street standard as 28 foot wide paved streets with curbs and a sidewalk on FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 6 one side within a 37 foot wide right-of-way. In the eastern portion of the single family subdivision (area two), 20 foot wide paved alleys within 30 foot rights-of-way are proposed between each street. The planned development overlay requested allows for narrower street widths with adequate justification. The eastern portion of the site is on a hillside with varying degrees of steepness. The applicants, report indicates that the reduced width and one side sidewalk will limit the amount of earthwork and help preserve the views to the north and east. The alleyways have been proposed in the site plan to provide additional access to each site. As proposed, most lots in the eastern portion of the single family division will have access to an alleyway and the public street. The staff has no objection to the reduced street and right-of-way widths and sidewalks on one side for the eastern portion of the site, area two. The proposed alleyways tend to offset the need for sidewalks on both sides of the street. A major portion of the central area located within the loop road (area one) does not have steep grade throughout. Alleyways are not proposed in this area. Therefore, we find no justification for variances to street improvement standards. h. The site drains toward the north to Murray Boulevard. A drainage swale exists running to the north and is proposed to be left in a natural state by the applicant within a 50 foot wide public easement. Maintenance of this drainageway should be part of the CCR's for the adjoining lots to prevent filling or dumping of refuse into the swale. Street crossings of this drainageway should be designed for the ultimate development of properties upstream.. Improvements should be. coordinated with ..a new storm drainage line planned for 135th Avenue south of Walnut Street. Backlot drainage should be provided for the lots which drain away from the street. Drainage for the future development of the area to the south should be considered. i. Adequate sanitary sewer service is provided from the existing system in Hindon Street and from the trunkline in Scholls Ferry Road. Service to the south should also be considered. j. Staff has no objection to the variance requested to allow 6 foot fences to be constructed within 10 feet of the front of 10 lots provided sight distance is not obscured for vehicles exiting private driveways or exiting onto Northview Loop. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 7 Washington County's Department of Land Use and Transportation has reviewed the proposal and has no objections to it. The County's comments noted that this property falls within the area of the proposed Murray Boulevard connection and the proposal appears to address that facility adequately. Washington County wants to insure that the policies and standards set forth in the Urban Planning Area Agreement are met. The alignment shown in the application for SW Walnut Street appears to match that shown in the Urban Planning Area Agreement. Metropolitan Area Communication Commission (cable television) has reviewed the proposal and has requested that two inch schedule 40 PCV piping be installed at all road crossings. The Oregon State Highway Division has reviewed the proposal and has noted no objection. The Highway Division has requested that the applicant contact them to show access for the future multi-family development area to Northview Loop. The Highway Division has also noted that there is a need to proceed with design criteria and permits for the Murray Boulevard extension. The Building Division has reviewed the proposal and has objected to the open drainage swale being divided into individual building lot areas without public .access. The inclusion of the swale area within lots may result in difficulties for the City in keeping the swale clear of dirt, debris, and fill material during the construction of homes and thereafter when homeowners may use this area as a debris dumping area. Public ownership or common ownership by the neighborhood may reduce the likelihood of these problems. The Washington County Consolidated Fire and Rescue District has reviewed the proposal and has commented that hydrant locations should be coordinated with the Tigard Water District and the Fire District. The District has no problem with the proposed circulation system but notes that both sides of the proposed alleys as well as one side of any decreased width public streets should be posted for no parking. In addition, the District requests that homes not be given addresses on the proposed alleys. The Beaverton School District has reviewed the proposal and has commented that an additional 100 school age students are anticipated to result from development of the proposed single-family lots. The number of additional students resulting from the proposed subdivision could be housed at the intermediate and high school levels. At the elementary level, however, Sexton Mountain School is nearing capacity. The School District recently appointed a citizens committee to study long range facility needs. This committee has recommended a bond issue for the construction of new facilities. The School District will be able to accommodate additional enrollment generated by new developments if the District can acquire needed school sites and pass a bond measure in June of 1990. Beaverton School Districts comments are included in Appendix A of this report. The City of Beaverton, Tigard Water District, PGE, and GTE have reviewed that proposal and have offered no comments or objections. C FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 8 No other comments have been received. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3; as well as Community Development Code Chapters 18.54, 18.56, 18.60, 18.80, 18.92, 18.114, 18.130, 18.150, 18.160, and 18.164. The Planning Commission concludes that the proposal will comply with the applicable Plan policies and Code criteria based upon the findings noted below: 1. Policy 2.1.1 is satisfied because City of Tigard Neighborhood Planning organization #7 and Washington County Community Planning Organization #4B were provided with a copy of the proposal and were afforded the opportunity to comment prior to the public hearing on this application. In addition, neighboring property owners were given notice of the public hearing on the subdivision proposal advising them of their opportunity to comment on the proposal. 2. Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because extension of sewer, water, and storm drainage facilities to serve the development will be required prior to approval of the final plat. The applicants have indicated that these facilities will be provided within the proposed subdivision in conformance with City standards. Detailed public improvement plans will need to be approved by staff and service providing agencies prior to installation and final plat recording. Service providing agencies have issued no objections to the preliminary public improvement plans except foe. the Building Division's comments regakdinq.. the inclusion of the open drainageway within individual lots •rather than- as'a privately held common area or public open space area. It has been the Planning Commission's practice with recent subdivision reviews to accept drainageways being included in individual building lots rather than requiring dedication of the drainageway unless it is also needed for park purposes. Although the Building Division raises important concerns, staff is not persuaded that these concerns would necessarily be alleviated by dedication of the drainageway to the City of Tigard or through having this drainageway be a commonly held tract maintained by a homeowners association. The concerns raised by the Building Division have arisen in subdivisions where drainageway areas are not divided into the surrounding lots. The proposed increased setbacks along the drainageway created by the easement should help reduce the potential for debris filling problems during construction. 3. Policy 8.1.1 calls for the provision of a safe and efficient street system which will accommodate present and future needs. This policy is satisfied because the proposed collector street development will provide for a much needed connection to SW Scholls Ferry Road in this FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 9 rapidly developing area and because the proposed development's internal street system will provide good access to all lots as well as street stubs of the proposed Hood Drive and St. Helen's Court to provide access to parcels to the south. The proposed internal street system which minimizes the use of cul de sacs and provides alleys abutting several lots should provide very good access for emergency vehicles. The proposed pedestrian pathway on the eastern portion of the site will provide good pedestrian circulation for this neighborhood despite the proposed long blocks. The applicants should be allowed to have some flexibility in locating this pathway prior to recording the plat. This flexibility is necessary in order for the applicants' engineer and City staff to determine how the gradient of the pathway can be further reduced. The pathway should be allowed to shift 150 feet either way of its presently proposed location if such a shift will reduce the pathway's gradient. It may also be necessary for short groupings of steps to be included in the pathways. The pathway segments should not be aligned with each other so as to discourage daredevil bicycle and skateboard riding. The commission delegates authority for approving the pathway's final, alignment and design to the staff during the final plat review. 4. Policy 8.1.3 will be satisfied when conditions of approval relating to street improvements are completed in conjunction with the final plat. 5. Community Development Code Chapter 18.54 (R-12 zoning district) is satisfied because all lots are larger than the 3,050• square foot minimum lot size standard of the zone. ~All_roposed lots should be able to be built upon in conformance with setback standards of the zone without requiring variances. ~ 6.•• Chapter .18:56 (R-25 zoning.district)••is satisfied because lots within " the R-25 zoned portion-of the site are consistent with the minimum lot size standard of the.zone. All proposed lots should be-able to be built upon in conformance with setback standards of the zone. 7. Chapter 18.60 (C-N zoning district) is satisfied because Parcel C at the intersection of SW Scholls Ferry Road and the Murray Boulevard extension satisfies minimum lot size and dimensional criteria of the zone. No development of this parcel is proposed at this time. 8. Chapter 18.80 (Planned Development) and 18.160 (Subdivision) are satisfied because the proposal meets the requirements set forth for submittal and approval of a planned development conceptual plan and subdivision preliminary plat. The proposal attempts to design the subdivision to fit the site's constraints and opportunities (i.e., the street right-of-ways are reduced in width so as to reduce the amount of cutting and filling that are necessary, and the proposed lots in phase two would be graded to locate homes with respect to preserving the neighboring properties' views). In these ways, the proposal FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 10 agrees with the purposes of the Planned Development section of the Code. Because the underlying zones both provide for multi-family development as a permitted use, it is appropriate to allow transfer of development opportunities from the single-family residential area created by the subdivision application to the R-12 zoned area in the future multi- family development site. The 300 unit development opportunity for the entire future multi-family development site is far less than the balance of unutilized housing opportunities for the entire site after development of the single family residential lots. The plat should note that a maximum of 300 multi-family dwelling units can be developed in the area designated as a future multi-family site. Several variances to code public road improvement standards are requested. Section 18.160.120 (5) provides the following criteria for a variance to a Code standard to be considered through a subdivision application. a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other land similarly situated; b. The variance is necessary for the proper design or function of the subdivision; C. The granting of a variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and d. The variance is necessary for the preservation and enjoyment of a -substantial property right because of an extraordinary hardship which would result from strict compliance.with the regulations of this ordinance. The applicants request approval of 37 foot wide local street rights- of-way for the proposed Baker Drive, Baker Court, and a portion of Hood Drive, whereas Community Development Code Section 18.164.030.E.1.a requires 50 foot wide rights-of-way for local streets. The same Section requires 34 feet of roadway widths for local streets. The applicants request approval of 28 foot wide local streets within these reduced width rights-of-way. Code Section 18.164.070.A.1.b requires sidewalks on both sides of all local streets. The applicants request approval of a plan that would place sidewalks on one side of all proposed reduced right-of-way width public streets. The applicants state that the reduced right-of-way width and street width are necessary to limit grading and cutting into the hillside in order to preserve the existing slopes as much as possible so as to maximize the number of view lots. The Planning Commission agrees with these assertions with respect to area two of the proposed subdivision FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 11 and finds that the requested variances are necessary for the proper design and function of the Planned Development/Subdivision because the reduced widths will allow maximum utilization of a significant natural attribute of the site, its views, while minimizing the amount of disruption of the natural hillsides. The reduced street and right-of- way widths will not be detrimental to public interests relative to vehicle parking because the proposed subdivision would be provided with a substantial amount of parking in the form of on-street parking on both sides of North View Loop; would have a substantial amount of parking along the internal streets because of their lengths; and because on-site parking will be provided for two to four cars on each lot. It is not anticipated that maximum parking demand within the subdivision will ever exceed the parking spaces provided within the development. Requiring full width rights-of-way and streets would be inconsistent with the purposes of a planned development to promote development which compliments physical features, i.e., view potential, as well as the goal of limiting unnecessary disruption of existing landscape features. While the Commission finds that the requested variances to the public street as public local street right-of-way and pavement widths are justified for area two of the proposed development because of the steep slopes in this area and its view potential, the Commission is not persuaded that the same arguments hold true for Baker Drive and Baker Court in Area one. This area is not similarly steeply sloped. The Commission does not see any physical reasons why a full width right-of-way and street could not be accommodated. The applicants argue that reduced widths should be allowed in area one so as to provide a consistent look for the development as well as to align the drive lanes between the two sections of Baker Drive.. The Commission agrees that the reduced width for area two would contribute to a .consistent design and function of subdivision streets; however, we do not :find that' there are special circumstances or conditions which necessitate the variance as 'is required by the Code's variance criteria. Sidewalks on one side of the reduced width streets are requested for much the same reasons as the reduced street and right-of-way widths to reduce grading and thus preserve views as well as to provide a consistent design between area one and area two. Again, the Commission finds that the requested variance is justified as applied to area two because it would reduce the amount of grading that is necessary thereby allowing additional view lots, it would reduce the amount of grading and disruption of existing features, and because public purposes would not be detrimentally affected because of the adequate pedestrian circulation that is provided by the sidewalk cutting through the middle of the blocks as well as pedestrian circulation that would be provided by the proposed alleys. In area one, however, the elimination of sidewalks from one side of the street would not have a significant impact on reducing grading and preserving views and there are no off-setting means of providing pedestrian circulation such as a sidewalk between Baker Drive and Northview Loop. t FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 12 Sidewalks on both sides of the street are necessary to provide pedestrian circulation for the great number of lots along Baker Drive. In addition to the requested variances to public road improvement standards, the applicants also request a variance to Code Section 18.100.090 which restricts fences in required front yard areas to a maximum of three feet in height. The applicant request that fences up to six feet in height be allowed in the front yards of proposed lots 25, 26, 29, 30, 33, 34, 37, 38, 41, and 42 as long as the fences are set back at least ten feet from the front property line. These lots are located south and west of Baker Drive in area two. The lots all will have driveway access from the Adams Lane alleyway. Although the driveway access will be from the alley, the portion of the lots facing Baker Drive will be considered the front and thus subject to the required front yard setback of 15 feet. The applicants state that the purpose of the requested variance is to allow the homeowners of the subject lots to place fences in areas that may be used as private areas similar to what normally would be found in a rear yard. The requested variance will not be detrimental because the 10 foot setback is only slightly less than the 15 feet setback that normally would apply, and because these fence locations will not cause a walled appearance along the public streets. Fences setback 10 feet from the property line will not unduly restrict vision for motorists backing onto the public street from the driveways of the abutting lots. The parcels for which the requested variance would apply are subject to the unusual circumstance for suburban residences of having their rear yards occupied by the home's garage and driveway with little area left in the rear yard for private open areas such as decks or private lawn areas. The requested variance will allow these homes to provide the private areas in their front yards with a reasonable amount of screening. . Additionally, the applicants'requgst a'variance to allow proposed lots 24-42 and 59-60 to slightly exceed the Code's maximum lot depth to width ratio of 2.5 to 1 (Code Section 18.164.060.A.1.b). The applicants state that the increased depth is necessary to allow greater staggering of building locations in order to maximize view potential. Staff finds the view potential of these parcels to be special circumstances affecting these parcels which support the request. Because creating view lots is a primary objective of this subdivision's design, the variance is necessary for the proper design of the subdivision. The primary purpose of the maximum lot depth to width standard is to discourage the creation of lots which have the potential for re-division into flag lots or other unusual lot configurations. The requested variance is not detrimental to this purpose because the lots relatively small size should preclude future re-division. Strict compliance with the lot depth to width ratio standard would necessitate redesign of the subdivision with lessened view potential or a decrease in the number of lots through widening of the lots. A further reduction in proposed lots as compared to the total development opportunity of the parcel may make division into FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 13 single family lots unfeasible. The requested variance to the lot depth to width ratio standard is approved. 9. Chapter 18.92 (Density Computations) is satisfied because the proposed density is consistent with Code requirements for the R-12 and R-25 zones. The 194 single-family lots and the reserved opportunity for 300 multi-family units are proposed in an area that would provide an opportunity for approximately 991 dwelling units if developed to the full density opportunity of the R-12 and R-25 zones. 10. Chapter 18.114 (Signs) will be satisfied upon application for and receipt of a sign permit for subdivision identification signs. Sheet 3/5 of the applicants' submittal shows identification signs to be located on walls on either side of the eastern intersection of Northview Loop and Murray Boulevard. Code Section 18.114.130.B.1.c allows one subdivision identification sign at each entry point to the subdivision. Therefore, only one of the proposed signs will be able to be permitted. Sign size must comply with Code requirements. 11. Chapter 18.150 (Tree Removal) requires that the number of trees over six inches in diameter that are removed during the course of construction be minimized. The proposed development site has a relatively small number of large trees located within the drainage swale. However, some trees may need to be removed to accommodate the development's streets and utilities as well as drainageway improvements. The number of trees removed should and can be minimized .through careful site design. Plans for tree removal must be reviewed by the Planning staff through an application for a tree cutting permit. 12. Chapter 18.164 (Street and Utility Improvement Standards) of the Code will be satisfied during the approval process for-the final plat and public improvement plans. As noted above, staff recommends approval of variances to several standards contained in Chapter 18.164. The applicants' narrative notes under Landscaping and Screening on page 6, that a low maintenance landscape buffer will be planted along the section of Hood Drive that abuts properties to the south. Proposed landscaping materials are not detailed. The applicants should coordinate the landscaping plan for this area with the City's Public Works Division. Two remnant parcels would be created at the intersection of SW 135th Avenue and the Murray extension. Although both parcels would meet the minimum parcel size of the R-25 zone, the parcels are not included in the proposed subdivision. The applicants are exploring options for utilization of these parcels. Access to these parcels from Murray Boulevard should be prohibited. In addition, a portion of the existing right-of-way for SW 135th Avenue to the east of proposed parcel B will become unneeded for roadway purposes when the new intersection is completed. The City should consider vacating this right-of-way segment subsequent to construction of the intersection. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 14 C. DECISION The Planning Commission approves: 1) The zone change to add the PD overlay zone to the R-12 and R-25 zoning designations for the portion of tax lot 101 south of the Murray Boulevard alignment; 2) The conceptual planned development plan/preliminary subdivision plat for PDR 90-0004 and SUB 90-0004; 3) the requested variances to allow a 37 foot wide local street right-of-way, 28 foot wide roadways, and sidewalks on one side of the street for the proposed Baker Drive and Hood Drive in area two only; 4) the requested variance to allow fences no taller than six feet in height in the required front yards of lots 25, 26, 29, 30, 33, 34, 37, 38, 41 and 42 no closer than ten feet from the lots' property lines along the proposed SW Saker Drive; and 5) the requested variance to allow several of the proposed lots to exceed the Code's maximum lot depth to width ratio. Approval is subject to the following conditions: UNLESS 072DU iISE NOTED ALL CONDITIONS SSALL BE MET OR ASSURED PRIOR TO RECORDING THE FINAL PLAT. 1. All lots shall be displayed on the final plat with full dimensions and square footage. The area designated future multi-family site shall note a maximum of 300 dwelling units may be developed. STAFF CONTACT: Jerry Offer, Planning Division (639-4171) 2. 60 feet of right-of-way shall be dedicated to the public according to the UPAA. Murray Boulevard alignment. Additional right-of-way shall be dedicated on the approaches to Scholls Ferry Road, 135th Avenue, and Walnut Street to 45 feet from the centerline to accommodate the additional turn lanes and through lanes. The length of the additional right-of-way shall be: a. On both sides of Murray' Boulevard between Scholls Ferry Road and the first street of the subdivision, to provide for future additional lanes at the Scholls Ferry Road intersection. b. On the west side of 135th Avenue, 100 feet from the south boundary of the subject site to provide for a future right-turn lane. C. On the north side of Murray Boulevard from the new intersection of 135th Avenue to the existing right-of-way of 135th Avenue, to provide for a future right-turn lane. d. Transitions in right-of-way width should have a taper rate of 15:1 for widening and 35:1 for restricting widths.. 60 feet of right-of-way shall be dedicated to the public according to the proposed 135th Avenue "T" intersection location shown in the UPAA for 135th Avenue. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 15 50 feet of right-of-way shall be dedicated to the public for the loop road, g` the internal streets within Area 1, the cul-de-sac to the west, and for the 1.. streets connecting to the Fern Street area to the south. 37 feet of right-of-way shall be dedicated to the public for the internal streets of the Area 2. 30 feet of right-of-way shall be dedicated to the public for the alleyways. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171) 3. Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the Scholls Ferry Road frontage to increase the right-of-way to 45 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State, shall be provided to the City Engineering Division. (For additional information, contact Myron Melnick; Oregon Department of Transportation, Right-of-Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223, 684-1510). 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Scholls Ferry Road. A copy of the permit shall be provided to the City Engineering Division prior to issuance of a Public Improvement Permit. STAFF CONTACT: Gary Alf son, Engineering Division (639-4171). 5. Collector street improvements including sidewalks, curb, streetlights, and underground utilities, shall be constructed along Murray Boulevard frontage conforming to the alignment shown on the submitted plans from Scholls Ferry Road to 135th Avenue. The improvements shall be a minimum of 40 feet wide, curb to curb. on the approaches to all intersections, the street shall have a minimum width of 44 feet to provide for a 100 foot long center turn lane. The intersection of SW Murray Boulevard and SW 135th Avenue shall be a 3-way stop. Half width plus 12 feet of collector street improvements, including curb, sidewalk, streetlights, and underground utilities, shall be installed along the existing 135th Avenue frontage, conforming to the alignment shown on the submitted plans. Full width minor collector street improvements including sidewalks, curb, streetlights, signing, striping and underground utilities shall be constructed from the end of the 135th Avenue LID improvements to its intersection of Murray Boulevard. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 6. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards except with regard to the 28 foot pavement width for SW Baker Drive and SW Hood Drive in area two as FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 16 `s" shown on the preliminary plat. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 7. The 28 foot wide internal streets and 20 foot wide alleys shall be allowed within the eastern portion of the subdivision, area two, conforming to the alignment shown on the preliminary plat. 8. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system. STAFF CONTACT: Brad Roast, Building Division (639-4171). 9. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 10. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on full. development of the serviceable area. The location •and capacity of existing, proposed, and future lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 11. The applicant shall provide sanitary sewer and storm drainage service to the south boundary of the subdivision for future connection of the adjacent properties. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 12. A 50 foot wide public easement shall be dedicated along the drainageway. Adjacent property owners shall be responsible for the maintenance of the drainageway. The drainageway shall be kept clear to allow passage of the storm water runoff. STAFF CONTACT: -Greg Berry, Engineering Division (639- 4171) 13. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 14. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639- 4171). FINAL ORDER NO. 90-12 PC - MCDONALD/OTAR PAGE 17 15. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: A) All centerline-centerline intersection points. B) All cul-de-sac center points. C) Curve points, beginning and ending points (PC's and PT's). b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points and cul-de-sac center points. 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hagman, Engineering Division (639- 4171). 16. A grading plan shall be submitted showing the existing and proposed j contours. A soils report shall be provided detailing the soil compaction ` requirements. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 17. The location of a ten foot wide asphaltic concrete or cement bicycle and pedestrian pathway through the approximate center of the proposed blocks in area two may be relocated no more than 150 feet from the location shown on the preliminary plat if it is found that relocation will reduce the gradient of the pathway. Pathway segments shall not be aligned so as to discourage bicycle and other vehicular traffic. Final design approval for the pathway shall be the responsibility of the City Engineer in consultation with the Parks department. STAFF CONTACT: Gary Alfson, Engineering Division (639- 4171) 18. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Division (639-4171) 19. Direct vehicular access shall be prohibited to Murray Boulevard from any abutting lots. STAFF CONTACT: John Hagman, Engineering Division (639-4171) 20. No building permits shall be issued for any phase of the subdivision until a sufficient portion of Murray Boulevard has been constructed to provide a paved two-lane connection to Scholls Ferry Road or 135th Avenue. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171) t FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 18 21. Construction traffic shall not be allowed to travel on Wilton Street north of Murray Boulevard. Construction. vehicles, including employee vehicles, shall not be parked on public streets north of Murray Boulevard. 22. Prior to recording of the final plat, any outstanding assessment balance for this site shall be paid on the SW 135th Avenue Local Improvement District. 23. Fences along all public streets shall provide for adequate sight distance for vehicles entering and exiting public streets. STAFF CONTACT: Brad Roast, Building Division (639-4171) 24. Fences no taller than six feet in height shall be permitted in the required front yards of lots 25, 26, 29, 30, 33, 34, 37, 38, 41 and 42 no closer than ten feet from the lots, property lines along the proposed SW Baker Drive. STAFF CONTACT: Brad Roast, Building Division (639-4171) 25. Trees over six inches in diameter shall only be removed to construct street, utilities, residences, and drainageway improvements. A tree removal permit must be obtained prior to the removal of any tree with a diameter of six inches or greater. STAFF CONTACT: Jerry Offer, Planning Division (639- 4171). 26. A sign -permit shall be obtained prior to erection of the proposed subdivision entrance sign. STAFF CONTACT: The Planning Division. PLAT APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE DATE OF FINAL DECISION. It is further ordered that the applicant be notified of the entry of this order. PASSED: This lr-day of May, 1990, by the Planning Commissi,pn,/of Lty of Tigard. Planning CQfnwolssion br/JO:sub90-04.jo FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 19 2 C CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMUSSION 1. Concerning Case Number(s): SUB 90-0005/PDR 90-0005/SLR 90-0002/VAR 90-0009/MIS 90-0004 2. Name of Owner: Seivu International Ltd Name of Applicant: Thomas H. Burton 3.. Address 11945 SW Pacific Hwy $302 City Tigard State OR Zip 97229 4. Address of Property: Bull Mountain Road and SW 139th Avenue at south, and SW 135th Avenue at north. .Tax Map and Lot No(s).: 2S1 9, tax lots 102, 103, 104, 200, and 2S1 4 tax lots, 900, 1000, & 1100 5. Request: A request for 11 subdivision approval to allow 97 acres to be divided into 276 lots between approximately 8,000 and 32,000 square feet, 21 Dlanned development approval to allow an increased lot length to width ratio on certain lots where a ratio of 2.5:1 is normally required 3) a sensitive lands permit to allow development of 54 lots on slopes that exceed 25% and ^ 4) two lot lane adiustments ZONE: R-7 (PD) (Residential 7 units/acre, Planned Development) 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: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHAis BE F3AAL ON -May 22, 1990 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the t appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. May 22, 1990 10. Questions: If you have any questions, please call the City of Tigard CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90-10 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH APPROVES A SUBDIVISION, PLANNED DEVELOPMENT, LOT LINE ADJUSTMENT, AND SENSITIVE LANDS (SUB 90-05/PDR 90-05/MIS 90-04/SLR 90-02) REQUESTED BY SEIYU INTL./BURTON. The Planning Commission reviewed this application at a public hearing on May 8, 1990. The Commission's decision is based upon the facts, findings and conclusions noted below: A. FACTS 1. General Information CASE: Subdivision SUB 90-05, Planned Development PDR 90-05, Lot Line Adjustment HIS 90-04, and Sensitive Lands SLR 90-02. REQUEST: For preliminary plat approval, detailed planned and development approval to-divide a 97 acre property into 276 lots between the sizes of 8,000 and 32,000 square feet. Also requested is planned development approval to allow an increased lot length to width ratio on certain lots where a ration of 2.5 to l is normally required, a sensitive lands approval to allow construction on slopes over 25 percent, and two lot line adjustments. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-7 (PD) (Residential 7 units per acre, planned development) APPLICANT:- Burton Engineering 302 Tigard Plaza Tigard, OR 97223 OWNERS: Seiyu International Ltd. 1070 NW Murray Road Portland, OR 97229 LOCATION: North of Bull Mountain Road near 139th Ave. (WCTM 2S1 4 tax lots 900, 1000, and 1100; and WCTM 2S1 9, tax lots 102, 103, 104, and 200). 2. Background Information On December 4, 1989, the Tigard City Council approved a request for annexation of the subject property and forwarded Resolution Number 89- 90 (ZCA 89-10) to the Metropolitan Area Boundary Commission for its consideration. The Boundary Commission approved the annexation on l FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 1 January 18, 1990 (Boundary Change Proposal No. 2725). On December 4, 1989, the City Council adopted a change in zoning of the subject property from Washington County R-6 to city of Tigard R-7 PD (Residential 7 units per acre, planned development). The Urban Planning Area Agreement, between the City and Washington County, requires the City to adopt the zone which most closely resembles the existing Washington County zone for a period of at least one year. This change in zoning was consistent with the agreement. Both the Washington County R-6 and the City of Tigard R-7 zones allow for a 5,000 square foot minimum lot size for single family residences. 3. Vicinity Information Along the property's northern border lie two 40 acre tracts. The eastern parcel is within the City and a 120 lot subdivision was recently approved (Case No. SUB 90-01) and the western property is undeveloped and within Washington County. Benchview Estates subdivision lies to the northeast and -Three Mountains subdivision is immediately southeast. These subdivisions are primarily within the City of Tigard. The surrounding properties within Washington County are.presently zoned R-6 and the parcels within the City of Tigard are zoned R-4.5 (Residential 4.5 units per acre) and R-7 (Residential, 7 units per acre). 4. Site Information and Proposal Description The subject property is presently vacant, with the exception of one residence and several accessory buildings, and is situated on the upper portion -of Bull Mountain's northern slope. The lower segment of the property is almost entirely wooded and the higher section of the property is in farm use. Three large ravines, which run downhill to the north and northeast are located in the lower wooded portion of the property. The applicant proposes to divide the property into 276 single family residential lots in two phases. Access for the first phase will only be provided by a southerly extension of 135th Avenue through Bull Mountain Summit View Estates (SUB 90-01) which was recently approved by the Planning Commission and is under construction. This extension is intended to be a minor collector street which will connect with S.W. Bull Mountain Road when the second and southern phase of this subdivision is constructed. Other local streets within the subdivision will provide access to the proposed lots as well as abutting properties. Also, this development will provide the extension of S.W. Benchview Terrace from Benchview Estates which is a minor collector that connects with S.W. Walnut Street to the north. A Sensitive Lands review is necessary because of the installation of utility lines and other improvements which will occur on slopes in excess of 25 percent. The majority of the property has slopes less than 25 percent, however some public facility and residential construction will occur on slopes steeper than 25 percent. FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 2 A Lot Line Adjustment is also requested to add a 50 foot strip to the east side of an adjoining three acre parcel to the southeast and to add 15 feet to Lot 1 of High Tor subdivision which is immediately to the southwest (see site map, Exhibit "B"). 5. Agency and NPO Comments The Engineering Division has the following comments: The applicant proposes to develop 97 acres with an existing Planned Development overlay into 276 lots. The Sensitive Lands and Lot Line Adjustment requests are for a portion of the individual lots within the subdivision. The applicants engineer, "Burton Engineering" has submitted a narrative report discussing the various aspects of the development. A preliminary plat, off-site map, contour map and utilities map have also been provided. The proposed subdivision abuts the existing Benchview Estates Subdivision, Three mountain subdivision, High Tor area and the recently approved Bull Mountain Summit Estates. The project has been divided into two phases, 2A and 2B, in order to resolve the Bull Mountain access location and necessary'improvements. This application includes phase 2A only. Development of phase 2B should be reviewed separately. Phase 2B generally includes the lots south of the Benchview Terrace extension to Bull Mountain Road. Findings: 1. The entire site is within the study area of the Northeast Bull Mountain Transportation Study and includes two minor collector streets; the extension of Benchview Terrace to the west and 135th Avenue from Walnut to Bull Mountain Road, which have recently been adopted by the Council to be incorporated into the Comprehensive Plan. The proposed development has provided for these streets with an acceptable alignment and street•standards. 2. The proposed subdivision will access onto three collector routes, Bull Mountain Road, a Washington County Major Collector street, and Benchview Terrace and the proposed 135th Avenue, which are City minor collector streets. Bull Mountain Road is a two lane paved street. It is designated by the County as a major collector street within a 66 foot wide right-of-way at ultimate development. At a minimum half street improvements should be provided by this development along its Bull Mountain road frontage to provide for a safe intersection. The County has commented that a traffic study should be submitted to determine the safest location of the access and the necessary improvements. The access location to Bull Mountain Road and the improvements to Bull Mountain Road should be included as conditions for phase 2B of this development. The access should be required before occupancy of any lot in phase 2A of this application. In order to allow public input a separate Planning Commission hearing should be held to cover phase 2B. FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 3 The School District has requested that a bus turnout be provided at the Bull Mountain Road intersection. The turn out would allow vehicles room to go past the bus after loading. A Traffic Study should be provided to determine the required left turn storage for vehicles turning into 139th Avenue from the east and for vehicles turning into the proposed intersection from the west to determine if the intersection spacing is adequate. The future traffic volumes projected in the Northeast Bull Mountain Transportation study should be used to determine the storage lengths. Sight distance for the intersection should be provided for a distance of 450 feet in both directions for vehicles entering and exiting the site. Benchview Terrace is a fully improved minor collector street east of this proposal. 135th Avenue is required to be improved to Walnut Street by the adjoining subdivision to interim standards. Internal, local street stubs are proposed to connect to Three Mountains Subdivision, to High Tor Lane, to the proposed subdivision to the north and to undeveloped properties to the west and northwest. Due to the existing steep terrain and ravines, the location of street stubs to the undeveloped property is limited. The proposed stubs appear to satisfy the need for circulation to adjacent future developments. The conceptual circulation plan submitted provides adequate access to all adjoining properties. 3. Development of this large site will increase the total runoff from the site while decreasing the amount of time for this water to discharge downstream. This will impact the existing natural drainageways and will require evaluation of flows and velocity to determine what downstream improvements may be necessary. Energy dissipaters and erosion control will most likely be required to reduce the impacts. Downstream culverts which are not capable of handling the concentration of runoff should be upgraded. Provisions should also be made to allow properties above this development to drain into the proposed system. 4. Sanitary sewer service must be extended from existing systems in 139th Avenue, Benchview, and Three Mountain Subdivisions, the proposed system in the subdivision to the north and from Scholls Ferry Road to the northwest. This is due to the steepness of the terrain and the ravines which exist on the site creating separate drainage basins. The connection to the USA line in Scholls Ferry Road was not shown. A plan of this connection should be approved by USA. Development of any portion of the site should not be allowed to occur until the sanitary sewer service can be provided. Sanitary sewer service is shown to be provided to the adjacent lots on the north edge of the High Tor area by extending the sewer along and just north of the common property line. Access to select manholes by FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 4 City maintenance equipment should be provided prior to connecting these High Tor lots. r. 5. All public sanitary sewer and storm drainage lines which will be outside the right-of-way should be accompanied by a public easement and provided access. Scott Ring, a Transportation Planner with the Washington County Land Use and Transportation Department, states that the County requires a development, which generates more than 200 trips per day and accesses a County road, to submit a traffic study for County review. The trip generation for this development is 2760 ADT based upon ITE category 210. County staff has serious concerns with the location of the proposed public street access to S.W. Bull Mountain Road. Adequacy of this access must be addressed in the applicant's traffic study. Review of the traffic study may 'necessitate moving this access to another location along the site's frontage thereby requiring a redesign of the street layout on the southern portion of the site. Because of the uncertainty of the safest location of this site's S.W. Bull Mountain Road access, the County recommends withholding approval of this proposal until an adequate review of this site's access and impact on the County'road system can be assessed and warranted improvements conditioned. Mr. King also has the following recommendations: A. Prior to final approval and issuance of building permit: 1. Submit a traffic study pursuant to County resolution and order 83- 213. CONTACT: Daryl Steffen, County Traffic Analyst at 648-8761 for questions regarding this study. 2. Dedicate additional right-of-way to provide 33 feet from centerline of S.W. Bull Mountain Road frontage, including adequate corner radius. 3. Sign a waiver not to remonstrate against the formation of a Local Improvement District or other mechanism to improve and maintain S.W. Bull Mountain Road to County standards between Highway 99W and S.W. Beef Bend Road. 4. Establish a one-foot non-access reserve strip along S.W. Bull Mountain Road frontage, except at the approved access. The documents required for completion of recommended condition A.2. shall be prepared by the Washington County Survey Division and recorded in the Washington County Records Department. 5. Submit plans, obtain Engineering Division approval, provide financial assurance, and obtain a facility permit for the following public improvements; ( FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 5 a. Half-street improvement on S.W. Bull Mountain Road frontage, including curb, sidewalk, and storm drainage. b. All improvements required by the County review of the required traffic study (see recommended condition Al above). These improvements shall be constructed in accordance with the requirements of the Washington County Uniform road Improvement Design Standards. 6. Assure that the public street access on S.W. Bull Mountain Road is adequately illuminated through measures approved by the Washington County Engineering Division and the City of Tigard. B. Prior to occupancy, all road improvements required by conditions A.S.a. and b. shall be completed and accepted to the County and the access on S.W. Bull Mountain road shall be illuminated as required by A.6. above. The Tigard Water District comments are contained in a letter which is part of the Planning Commission record. The Tigard Building Division indicates that private storm drain lines must be installed to serve all lots which do not drain towards the street or a public storm line. Also, the ravines will be used to receive concentrated water runoff from the public streets and the impervious surfaces on each of the lots. It is recommended that storm drainage easements be provided to protect these water courses from encroachment and to allow for any necessary maintenance. The Tualatin Valley Fire and Rescue District indicates that: 1. Hydrant placement will be coordinated through the Tigard Water District and plans should be submitted for review and approval to the District. 2. Deadend streets over 150 feet long will require turnarounds that comply with the Fire Code. Temporary turnarounds will be acceptable where streets will be extended. 3. Street grades shall not exceed 15 percent. The Tigard School District indicates that the projected enrollment resulting from this subdivision is 81 students at Mary Woodward Elementary and 33 students at Fowler Junior High School. This development along with other projects on file result in a total projected enrollment increase of 214 students at Mary Woodward and 133 students at Fowler. This increase exceeds our facility design capacity to serve this and other developments. The district cannot guarantee that the new schools, which will open in 1992, will have the design capacity to serve these developments at our current rate of enrollment increases. Prospective home buyers/occupants should be advised that students may have to be bused to other schools or placed in portable classrooms. FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 6 Finally, the District believes the development should not be approved without a bus pullout located on Bull Mountain Road or 139th Avenue. The Park Board indicates that access to the proposed pedestrian/bicycle trail within the B.P.A. right-of-way to the west should be provided. P.G.E. has no objection to the proposal. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria are Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, 8.1.2, and 8.1.3; the Bull Mountain Community Plan; and. Community Development Code sections 18.54, 18.80, 18.84, 18.92, 18.150, 18.160, 18.162, and 18.164. Since these plans have been acknowledged, the statewide goals no longer have to. be addressed for non-legislative land use applications. The Planning Commission concludes that the proposal, with modifications, is consistent with the applicable portions of the Tigard Comprehensive Plan based upon the findings noted.below. 1. Policy 2.1.1 is satisfied because the Neighborhood Planning organization Number 3, Community Planning Organization Number 4B, and the surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. 2.. Policy 3.1.1 can be satisfied because the Code allows development of hillsides that are steeper than 25 percent when engineering information is provided which shows that adverse environmental erosion or slope tnstabil3ty will not result. The applicant has submitted a general description of the site but the techniques for mitigating any potential problems related to steep slopes have not been included. The Commissionf does not anticipate any difficulties, provided that the appropriate construction and erosion control measures are employed. Since many issues regarding slopes are site specific, the staff recommends that methods for maintenance of slope stability and erosion control be submitted for the approval in conjunction with the public improvement plans and building permits with particular attention being paid to grades over 25 percent. 3. Policy 3.4.2 , among other issues, calls for the protection of wildlife habitat, control of erosion, and the maintenance of trees and natural vegetation along stream courses to the maximum extent possible. The applicant correctly indicates that many of the lots within the ravine areas have depths which will allow the land near the streams to remain undeveloped. 4. Policy 3.5.1 indicates that the City will encourage private interests to l FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 7 provide open space, recreation lands, facilities, and preserve natural, scenic, and historic areas. The site grading and tree removal plans required in the conditions of approval below shall be reviewed with the intention preserving the natural features of the site to the maximum extent possible. 5. Policies 7.1.2, 7.3.1, 7.4.4, and 7.6.1 are satisfied because adequate water, sewer, and storm drainage facilities, as well as fire protection services are or will be made available to the development. The applicant has indicated that these facilities will be provided within the subdivision as required by City standards. At the hearing, the applicant. proposed to plat Lots 1 through 36 and 274, 275, and 276 as a separate and later phase when the necessary facilities and services can be provided to this portion of the development. 6. Policy 8.1.1 calls for a safe and efficient street system that meets current and projected needs. The proposed internal street system satisfies all applicable Code and Plan street standards as well as the provisions of the Northeast Bull Mountain Transportation Study which have been adopted by the City as an element of the Tigard Comprehensive Plan. one issue that is currently unresolved is the location and design of the access onto S.W. Bull Mountain Road. Based upon the concerns raised by the. Engineering Division and Washington County, further study is required before a final design can be determined. In order to keep the project on schedule while this issue is resolved, the applicant proposes to divide the development into two phases with the northern portion of the subdivision to be reviewed by the Commission on May 8th and the southern portion which includes the access to S.W. Bull Mountain to be reviewed at a later date. For this second hearing, the pertinent traffic information will be available. 7. Policy 8.1.2 and 8.1.3 will be satisfied because the City of Tigard and Washington County have and will be working together to resolve street improvement and location issues involved in this case and the greater Bull Mountain area. The proposed subdivision street improvements will be constructed to City or County construction standards as applicable and will be installed at the developer's expense. Sufficient public right-of-way will be dedicated to the public within the subdivision for these streets. The Planning Commission concludes that the proposal with modifications is consistent with the Bull Mountain Community Plan based upon the following findings: 1. The density of the proposed subdivision is within the limits contemplated by the Plan. All lots will be well above the 5,000 square foot minimum lot size of the former R-6 County Plan designation. 2. The preservation of trees is viewed as an important component of the Bull Mountain Plan's strategy for preserving wildlife habitat and FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 8 related aesthetic benefits. The northern, wooded portion of the property is entirely within a significant natural area as identified in the Plan. These areas are considered to be important due to their natural condition as well as ecologic, scientific, and educational value. Based upon past experience with the development of subdivisions on wooded parcels that do not have any common open space, it appears that preservation of more than 50 percent of the trees will be difficult. The applicant indicates that the Plan allows the harvesting of timber in accordance with the Oregon Forest Practices Act and that the 50 percent preservation policy does not apply. The Washington County Department of Land Use and Transportation staff informed the City staff that the 50 percent preservation applies when tree removal is proposed in coniunction with a development application. The proposed preliminary plat application does not include a plan for the preservation of trees on the property. Such a plan provided by a qualified arborist must be submitted and approved prior to removal of trees on the property or the approval of the final plat. This plan must indicate how a minimum of 50 percent of the trees on the site will be protected. 3. The property is also within Area of Special Concern No. 3.. This designation has been applied because of the County's expressed desire to evaluate significant natural areas on the north slope of Bull Mountain and to consider the possible acquisition of land as permanent open space.. This study has not been conducted by the County or the City. The Plan text does indicate that in the interim, development may occur in a manner consistent with the Plan and applicable code provisions. 4. General design elements of the Plan include the design of minor collector streets which will discourage through traffic, minimize the amount of land and'vegetation disturbance, limit the removal of 'trees over six inches in diameter to no more than 50 percent, and the protect stream corridors. The minor collector street system is being designed primarily to serve the future development on Bull Mountain rather than through traffic. Detailed plans shall be required as a condition of approval to show that minimum of 50 percent of the trees will be preserved and that land disturbance, particularly in the ravine areas, will be kept to a minimum. The Planning Commission concludes that the proposal, with modifications is consistent with applicable portions of the Tigard Community Development Code based upon the findings noted below: 1. Chapter 18.52 of the Code is satisfied because the proposal does meet the density requirement of the R-7 zone. 2. Chapter 18.92 is satisfied because the proposed density is consistent FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 9 with Code requirements. 3. Chapter 18.80 is satisfied because the proposal is consistent with the requirements of this chapter pertaining to planned developments. Planned developments are intended to be used in undeveloped areas such as this to better protect amenities on the site. Although this section of the Code encourages the provision of common open space areas through the application of flexible development standards, common areas are not required by the Code. 4. Chapter 18.84 covers sensitive lands issues within drainageways and slopes over 25 percent. The drainageways on the property will be all be within subdivision lots, but it appears that the majority of the construction activity will avoid these areas. Although slopes of over 25 percent will generally be avoided by this project, it is possible that some of the homesites will be located on slopes over 25 percent. Provided that grading, construction, and erosion controls are approved and monitored by the Engineering and Building Inspection Divisions for this development, the provisions of this chapter will be met. 5. Chapter 18.150 of the Code prohibits. the unnecessary removal of trees over six inches in diameter. As noted above, a tree preservation report prepared. by a qualified arborist shall be required prior to the commencement of any construction on the site. 6. Chapter 18.160 of the code is satisfied because the proposal does meet the requirements set forth for the submission and approval of a preliminary subdivision plat. 7. Chapter 18.162 of the Code is satisfied because the lot line adjustment proposals are consistent with the applicable criteria for modifying property boundaries. Since the smaller properties which are recipients of additional land are in Washington County, approval of these adjustments must be received from the County Department of Land Use and Transportation prior to recording the adjustments. These resulting smaller parcels will be partially within the City. 8. Chapter 18.164 of the Code will be satisfied during the approval process. for the final plat. C. DECISION Based upon the above findings the Planning Commission approves Phase 2 A as shown on the applicant's preliminary plat for Planned Development PD 90-01, Subdivision S 90-01, Sensitive Lands SL 90-01 subject to the following conditions: UNLESS OTHERWISE NOTED, THE CONDITIONS OF APPROVAL BELOW SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 10 1. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 2. Permits shall not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 3. Prior to issuance of Building Permits, bonding for the Bull Mountain Road access shall be required. Prior to Occupancy of any lots in phase 2A this access shall be provided. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 4. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: John Hagman, Engineering Division (639-4171). 5. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. Improvements shall be designed and constructed to local street and minor collector street standards to the alignment shown on the submitted plans. STAFF CONTACT: Gary Alfeon, Engineering Division (639-4171). 6. Lots shall not be permitted vehicular access directly onto the minor collector street from its intersection with Bull Mountain Road to its intersection with Benchview Terrace. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 7. The applicant shall provide for roof and pavement rain drainage for each lot to the public stormwater drainage system or by an approved private storm drainage system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639-4171). 8. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 9. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 11 storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. All lines outside the public right-of-way shall be accompanied by a 15 foot wide public easement. Access shall be provided as necessary by an all weather surface road or similar unobstructed route within a 15 foot wide easement. All drainage swales shall be accompanied by a drainage maintenance easement 25 feet either side of the centerline of the stream and accessible from a public right-of-way. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 10. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: A) All centerline-centerline intersection points. B) All cul-de-sac center points. C) Curve points, beginning and ending points (PC's and PT's). b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points and cul-de-sac center points. 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 11. A grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 12. A tree removal plan, prepared by a qualified arborist, shall be submitted for City approval. This plan shall evaluate the plans for public improvements, private storm drainage facilities, site grading, and their affect upon the trees to be preserved. The plan shall identify the trees to be preserved and the methods to be used to assure their preservation through the construction of the subdivision and the residences. At a minimum, the trees to be retained shall exceed 50 FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 12 percent of the existing number of trees (within the area to be platted) over six inches in diameter at four feet above grade. Trees to be preserved shall be protected throughout the subdivision and home construction by six foot high chainlink fence or similar means approved by the arborist and the Planning Division. STAFF CONTACT: Keith Liden, Planning Division (639-4171). 13. The lots located in the northwest portion of the subdivision (Lots 1 through 36 and 274, 275, and 276) shall not be platted until appropriate services and facilities are available to serve these lots. This area may be platted as a separate phase of the subdivision. STAFF CONTACT: Keith Liden, Planning Division (639-4171). 14. This. approval is valid if exercised within 18 months of the final approval date. i 15. A separate approval from the Planning Commission will be necessary prior to commencing with construction of Phase 2 B. STAFF CONTACT: Keith Liden, Planning Division (639-4171). Based upon the above findings and conclusions, the Planning commission approves Lot Line Adjustment (MIS 90-04) subject to the following conditions: 1. PRIOR TO RECORDING WITH WASHINGTON COUNTY, the applicant shall submit a lot line adjustment survey showing the existing and proposed lot lines, and legal descriptions of the parcels for review and approval by the C Engineering Division. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 2. The applicant shall receive all necessary approvals from Washington County prior to recording the lot line adjustment. STAFF CONTACT: Keith Liden, Planning Division (639-4171). 3. This approval is valid if exercised within 18 months of the final approval date. It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of May, 1990, by the Planning Commissi~e City of Tigard. Tiga d Planning S 90-05.PFO/kl FINAL ORDER 90-10 PC - SUB 90-04 SEIYU INTL./BURTON - Page 13 3 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING CONBZSSION 1. Concerning Case Number(s): SDR 90-0004/PDR 90-0002 2. Name of Owner: Triad Development, Inc. Name of Applicant: Kampe Associates 3. Address 3681 Carman Drive City Lake Oswego State OR Zip 97035 4. Address of Property: 11165 SW Naeve Street Tax Map and Lot No(s).: 2S1 10AD_, tax lot 9300, 2S1 IOAC tax lots 600, 700, 800, 900, and 2S1 1ODB tax lots 100 & 200 5. Request: A request for Site Development Review and detailed Planned Development review of a 364 unit apartment complex on a 27.2 acre property. ZONE: R-12 (Residential 12 units/acre planned development) and R-25 (Residential 25 units/acre planned development) 6. Actions Approval as requested _ X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X X X X 8. Final Decision: TB AN APPEAL IS FILED. - The applicant and owner(s) - Owners of record within the required distance - The affected Neighborhood Planning Organization Affected governmental agencies X DECISION SSALL BE FINAL ON May 22, 1990 UNLESS The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, ?.O. Box 23397, Tigard, Oregon 97223. 9. ?appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. May 22, 1990 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. bkm/SDR90-04.BKM CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90-11 PC C_ A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH APPROVES A SITE DEVELOPMENT REVIEW AND PLANNED DEVELOPMENT (SDR 90-04/PDR 90-02) TO DEVELOP AN APARTMENT COMPLEX REQUESTED BY TRIAD TIGARD LTD. AND KAMPE ASSOCIATES. The Planning Commission reviewed this application at a public hearing on May 8, 1990. The Commission's decision is based upon the facts, findings and conclusions noted below: A. FACTS 1. General Information CASE: Planned Development PDR 90-0002 Site Development Review SDR 90-0004 ..REQUEST:. Planned Development detailed review/Site Development Review of a plan for development of a 364 unit, 17 building multi- family residential complex.on a 27.2 acre property. APPLICANT/ENGINEER: Kampe Associates, Inc. 3681 SW Carmen Drive Lake Oswego, OR 97035 ARCHITECT: Driscoll Architects 2121 First Avenue, Suite 102 Seattle, WA 98121 OWNERS: Triad Tigard, Ltd. Partnership 320 Andover Park East Seattle, WA 98138 LOCATION: North of Naeve Street, west of SW 109th Avenue, south of the Little Bull Mountain Apartments (WCTM 2S1 LOAD, Tax Lot 9300; WCTM 2S1 IOAC, Tax Lots 600, 700, 800, 900; WCTM 2S1 lODB, Tax Lots 100 and 200). PLAN DESIGNATION: Medium Density Residential (23 acres) Medium-High Density Residential (4.2 acres) ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development overlay) (23 acres) R-25 (PD) (25 units/acre-Planned Development) (4.2 acres) FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 1 C 2. Background Information The subject parcels have been involved in a number of City of Tigard land use and development applications since annexation in 1981. Prior to annexation, the parcels were designated by Washington County with a zoning designation of RU-4 (Residential, 4 units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of the parcels from Low Density Residential to medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for. the properties would be required to be reviewed by the Planning Commission. In December, 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast corner of Durham Road and Pacific Highway. This approval redesignated these properties from High Density Residential to General Commercial. The result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from Tigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660,. Division 7), requires that Tigard provide a housing opportunity for at least 50 percent multi- family -units and a net minimum housing density of 10 dwelling. units per acre on vacant buildable land within the City's Urban Planning Area. The Albertson's CPA was granted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the City, including Tax Lot 200, were considered for increased residential densities to make up for the housing opportunity shortfall created by the Albertson's decision. The western half of Tax Lot 200 and the parcel to the west were proposed for Plan/Zone redesignation from -Medium Density Residential/R-12 -(PD) to Medium-High' Density Residential/R-25 (PD) (Comprehensive Plan Amendment CPA 87-07(G)/Zone Change ZC 87-02 (G)). No change in designation was proposed for the eastern half of Tax Lot 200 or the other parcels that are the subject of the current application. Redesignation of the western half of Tax Lot 200 and the adjacent parcel was approved by the City Council on April 13, 1987. In April, 1989, the owners of Tax Lot 200 requested a Plan Map Amendment from Medium Density Residential to Medium-High Density Residential, and a Zone Change from R-12 (PD) (Residential, 12 units/acre, Planned Development) to R-25 (PD) (Residential, 25 units/acre, Planned Development) for the eastern 4.27 acres of that parcel (Comprehensive Plan Amendment CPA 89-02/Zone Change ZC 89-02). After review by the staff and Planning Commission, the City Council denied the proposed Planned Amendment/Zone Change on April 24, 1989. No other applications regarding that property have been reviewed by the City of Tigard. Tax Lot 100, which is located at the northwest corner of the FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 2 intersection of SW Naeve Street and SW 109th Avenue, was the subject of a Subdivision/Planned Development review by the Planning Commission on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01). That application requested Planned Development detailed plan approval and subdivision preliminary plat approval to divide the approximately 10.3 acre parcel into 60 lots intended for single-family residential development. The proposed subdivision would have included a north- south street running through the approximate center of the parcel with connections to SW 109th Avenue, as well as to the property to the west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the northern end of the subdivision. SW 109th was to be improved to local street standards and have a number of single-family lots fronting on it. The proposed subdivision was approved by C-a Planning Commission but has yet to be recorded. Also on June 6, 1989, the Planning Commission reviewed a proposal for Planned Development/Site Development Review approval of a request to construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of the previously described proposed subdivision (Planned Development PD 89-02, Site Development Review SDR 89-06, Variance V 89-20). The Planning Commission approved the proposed development plan which included a cul-de-sac bulb at the end of the northern segment of SW 109th Avenue, approximately 250 north of the cul-de-sac bulb approved for the single-family subdivision. The proposed dual cul-de-sacing of SW 109th Avenue was intended to provide a separation between the predominately multi-family residential character on the top half of Little Bull Mountain from the primarily single-family residential character of the neighborhood along the south slope of Little Bull Mountain and the properties to the south. The Planning Commission's final orders. for both the subdivision and apartment proposals, however, noted that if either of the proposed developments did not occur as proposed, it would be necessary to re-evaluate the road patterns in this area. In September, 1989, the Planning Commission was presented with a request to reconsider the application for the proposed 72 unit apartment complex because asignificant number of neighboring property owners that were entitled to notice of the public hearing on the matter did not receive notice and did not have the opportunity to testify before the Commission. The City Attorney's office reviewed this request and advised staff that the request be placed on the Commission's November 7, 1990 meeting agenda. The applicant, Terry Cook, requested that the hearing for reconsideration be indefinitely postponed until the applicant determined whether to pursue the application further. No other land use or development applications have been reviewed by the City for Tax Lots 600, 700, and 800. 3. Vicinity Information The development pattern in the area of the subject site consists of FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 3 existing duplexes and a 130-unit multi-family development to the north; a condominium development to the northeast; single family residences and a nursery on large lots to the east; an undeveloped parcel covered with tall fir trees to the west; Pacific Highway and Ring City further west; and the Summerfield planned community to the south. The existing zoning pattern in the area is illustrated on Exhibit One. The subject property has approximately 890 feet of frontage on SW Naeve Street. SW Naeve Street is designated as a minor collector street by the City's Transportation Plan Map. SW Naeve Street is generally substandard in width and state of improvements, with the exception of the frontage of the Fountains at Summerfield development to the south. Half-street improvements, including approximately 30 feet of pavement, curbs, a sidewalk, and streetlights have been installed along the Fountains frontage. Pacific Highway, a 4-lane divided arterial, is located approximately 500 feet west of the subject property. A left-turn lane is provided for southbound traffic onto SW Naeve Street. The intersection of SW Naeve Street and Pacific Highway is not signalized. The subject. parcels have approximately 1500 feet of total frontage along the alignment of SW 109th Avenue. SW 109th Avenue, north of the intersection with SW Naeve Street, is a steep gravel road extending approximately 1200 feet to a dead-end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet- of -frontage along this northern section of SW 109th Avenue. The City's Transportation Plan Map calls for the two segments of SW 109th to be- connected (Exhibit Two). SW 109th Avenue 'is classified as a local street by the Transportation Plan Map. The site also has approximately 360 feet of frontage on SW Pacific Highway. No improvements are proposed along that site frontage. 4. Site Information and Proposal Description The subject 27.2 acre property contains houses on Tax Lots 200, 700 800, and 9300. The remainder of the property is vacant, covered with a combination of tall fir trees, lower deciduous trees and brush. The property slopes predominantly to the southwest at varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800 has a slope of greater than 25 percent. The applicants propose to develop a 364 unit apartment complex on this site. The development would include 120 one-bedroom, 148 two-bedroom, and 96 three bedroom units for a total of 364 units. All buildings would be two stories tall. Also proposed would be a recreation building located near the center of the site, approximately 400 feet north of SW Naeve Street. A gymnasium, pool, playground areas, and walking path are proposed to provide recreational facilities for the proposed development. The areas of tax lots 600, 700 and 800 would not include any new improvements. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 4 Parking would be provided by 701 total parking spaces consisting of 368 covered parking spaces (combination of garages and under apartment buildings), 14 designated handicapped parking spaces, and 319 other uncovered spaces. The development would be served by one 36-foot wide primary access driveway from SW Naeve Street, as well as four 30-foot wide access driveways onto SW 109th Avenue. The internal roadway system would connect these driveways along the primary roadway extending northward through the site. A network of five foot wide sidewalks would be provided along the primary roadway and between parking areas and residential buildings. A north-south soft surfaced pathway would also be provided through landscaped and tree covered area on the eastern portion of the site. The site plan notes a 5 foot wide right-of-way dedication along SW 109th Avenue and construction of three quarter street improvements including pavement, curb and sidewalk. The site plan also notes a 10- foot wide right-of-way dedication along SW Naeve Street as well as construction of three quarter street improvements. The preliminary landscaping plan shows existing trees that are proposed to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 800 is to be left with the existing vegetation. The landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the site to create a park-like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. A painted chain link fence would be included in the buffer areas. (NOTE: Some inconsistencies in proposed improvements are evident between the grading, landscaping, and site plans. The site plan dated April 2, 1990 .is the most recent of the submitted plans. The applicants have noted that the proposed ponds will be eliminated or reduced in number from what- is shown on the landscaping plan. Revised landscaping and grading plans that correspond with the April 2, 1990• site plan will be submitted prior to the hearing on this application.) 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and has offered the following comments: a. The site has frontage onto SW 109th Avenue, SW Naeve Street, and SW Pacific Highway. SW 109th Avenue is a gravel surfaced local street with the northern portion unimproved. The applicant has shown the street to be improved connecting Naeve Street to the existing 109th Avenue extending from Canterbury Lane. The improvements are shown to consist of 3/4 street improvements, (half street plus 10 feet) as recommended by staff. The preliminary profile indicates the grade to be 15 percent, the maximum allowed by the Fire District. Due to the slope of the existing ground, no FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 5 alternative to this road grade is available. SW Naeve Street is a partially paved, mostly gravel surfaced minor collector street. Three-quarter street improvements (half street plus 10 feet) should be provided where the graveled surface exists along the site's frontage. Interim improvements should be provided to the gravel portion of Naeve Street between the site and Highway 99W. The interim improvements should consist of a minimum of three inches of asphaltic concrete, 24 feet wide, over ten inches of aggregate baserock. The existing gravel section can be included in determining the depth of additional baserock required. A 25 foot radius curb return should be provided at the 109th Avenue/Naeve Street intersection. Pacific Highway is under the jurisdiction of the State of Oregon. Existing improvements consist of the paved roadway with a gravel shoulder and a ditch. The State has requested that curb, sidewalk and drainage improvements be provided along the site's frontage. b. A traffic report submitted by the applicants concludes that the unsignalized intersection at Naeve and Highway 99W will continue to function adequately with the.traffic generated by the proposed development. The State Highway Division accepts this conclusion. No additional improvements are needed at the intersection. The report also concludes that the proposed development will have only -minor traffic impacts on. 109th Avenue north and south of the site-: We question this conclusion. The report assumes that most of the- destinations *of traffic to and from the site will be to or from'points. to the north, a 'reasonable assumption. ' The report further assumes that all trips to and from the north will use Highway 99W, an assumption which we question. Currently, in the south Tigard area, many. motorists use Durham Road and McDonald Street to access I-5 for northbound trips. It seems reasonable to assume that traffic from the proposed development would also use 109th Avenue and connecting neighborhood streets to access Durham Road and McDonald Street. If so, traffic volumes on the neighborhood streets would be higher than projected in the traffic report. The neighborhood streets have adequate capacity to carry the additional traffic; i.e., it is unlikely that traffic jams would occur. However, it is likely that residents of the neighborhoods will find the additional traffic volumes unacceptable, especially in the Summerfield area. The applicants have proposed no measures to mitigate these impacts. During preliminary meetings with the applicants, staff encouraged FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/RAMPE - Page 6 them to explore alternative ways to provide access while reducing potential neighborhood impacts. Potential alternatives discussed included construction of a direct access to Highway 99W at the Beef Bend Road signalized intersection and reconfiguration of the 109th/Naeve intersection to discourage through traffic in Summerfield. The Planned Development overlay zoning allows and encourages creative solutions with some variation from. the usual zoning requirements. The applicants have chosen not to pursue any alternative access concepts. The only alternative explored in the traffic report i3 to require all traffic exiting at the driveway onto Naeve Street to turn right toward Highway 99W. Staff found this suggestion unacceptable, as it would be difficult to enforce. In the final submittal, the applicants have dropped this idea and shown direct access to 109th Avenue. To summarize: We believe that traffic in adjoining neighborhoods will be higher than indicated in the traffic report. From an engineering viewpoint, the streets will. adequately carry the additional traffic. However, the additional traffic will likely be unacceptable to the residents. Additional traffic will generate-noise / and safety concerns. ` We believe that alternative access plans could be developed by the applicants to reduce traffic on 109th Avenue. C. Most of the site slopes toward.Naeve Street which then drains to. 109th Avenue and Pacific Highway. The proposed storm.:drainage.. system is shown to collect runoff from the developed portion of the site and discharge into an existing system in 109th Avenue at Naeve Street. Presently a portion of this area drains toward Pacific Highway along Naeve Street. This development phould reduce the drainage toward Pacific Highway from the site. The existing pipe to be connected to in 109th Avenue should be evaluated to determine if it has adequate capacity to handle ultimate development of the entire drainage basin. d. Sanitary sewer is proposed to be extended through the site from the system at the corner of Naeve Street and 109th Avenue. This system has adequate capacity to serve the site. The Oregon State Highway Division has reviewed the proposal and has commented that curb, sidewalk, and storm drainage is required along the site's Pacific Highway frontage. The Tigard Water District has reviewed the proposal and has noted that FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 7 the site requires service from two water pressure zones. Zone 1 is supplied by the pressurized system on the top of Little Bull Mountain. Zone 2 is a gravity system from the existing water line at the corner of SW Naeve Street and SW 109th. In addition, the Water District has noted that because of the size of the buildings, each building is to have its own 2-inch water meter. The irrigation system will need to be metered separately with Turbo meters. Water meter locations are to be provided with a minimum planter area of 3 feet by 5 feet. This also holds true for fire hydrants. Water meters and fire hydrants are not allowed to be located in asphalt or concrete, or behind carports, garages, or retaining walls. All water lines must be ductile iron class 52. The Tigard School District has reviewed the proposal and has noted that the proposed complex is located within the Templeton Elementary/Twality Junior High attendance boundaries. This proposed development, along with 31 other currently proposed developments, is anticipated to generate 67 new students for Templeton Elementary and 89 students at Twality Junior High. The Tigard School District may not be able to accommodate these students at those schools. Prospective occupants should be advised that students may need to be bussed to other schools. After the District completes its new middle school in 1992, there should be room available at Templeton Elementary and Twality Junior High Schools. The Washington County Consolidated Fire District has reviewed the proposal and has commented that hydrant locations will need to be coordinated between the Fire District and the Tigard Water District. The City of Ring City has reviewed the proposal and has commented that the City is concerned with the volume of runoff that would drain westward from the site to a storm sewer on the east side of Pacific Highway and.into the Ring City storm sewer system. In addition, Ring City is concerned about chemical•run-off from impervious surfaces that- would ultimately flow into the Tualatin River. Ring City has also raised concerns regarding traffic safety at the intersection of SW Naeve Street and Pacific Highway. Ring City believes that vehicles crossing the northbound lane and turning southward onto the highway will create a serious traffic hazard because there is no traffic signal and there may be insufficient vehicle stacking room. The City of Ring City also questions whether the intersections of Pacific Highway and Durham Road, and Pacific Highway and McDonald Street are adequate to handle the additional traffic that will be generated by this development. Neighborhood Planning organization 6 has reviewed the proposal and recommends that SW 109th Avenue remain closed as it now is. The NPO also recommends that the three proposed southern accesses onto SW 109th should be eliminated. In addition, the NPO urges that a right- turn only be allowed onto SW Naeve Street from Pacific Highway, and that a complete inventory of trees be conducted prior to issuance of any tree removal permits. The NPO notes that Little Bull Mountain is FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 8 a designated scenic area in the City of Tigard Comprehensive Plan Resource Document. Further, the NPO recommends that a primary access to this site be developed from Pacific Highway at the intersection of Pacific Highway with Beef Bend Road. The NPO notes that the comprehensive Plan's locational criteria for multi-family developments states that access and egress should be directly to major and minor collector streets, and not local streets like SW 109th. The City of Tigard Building Division, Washington County Department of Land IIse and Transportation, Metro Area Communications Commission, PGE, and GTE have reviewed the proposal and have issued no comments or objections. No other comments were received. B. ANALYSIS R-25 and R-12 Zonina Districts Multi-family residential use of the site is a permitted use in both the R-25 and R-12 Zoning Districts. 96 dwelling units are proposed on area that provides an opportunity for approximately 101 units in the, area of the site designated with the R-25 zone. 268 dwelling units are proposed on area that provides a maximum opportunity for 270 dwelling units on the portion of this site that is designated with the R-12 zone. The applicants' density calculations are noted on sheet A100 of the proposed site plan. Proposed site improvements comply with both the R-12 and R-25 district requirements for building height (45 foot maximum allowed; 35 foot maximum height proposed), lot coverage (maximum allowed site coverage of 80 percent; proposed site coverage of less than 50 percent), and landscaped area (minimum landscape coverage of 20* percent; proposed landscape coverage of greater than 50 percent). All proposed building locations satisfy minimum building setback requirements except for proposed building M along SW 109thAvenue which intrudes slightly into the required 20 foot corner yard setback. Revisions should be made to the site plan to place this building in conformance with the setback standard. Site Development Review The proposal complies with Community Development Code Chapter 18.120 Site Development Review standards for provision of private outdoor areas (balconies), shared recreation facilities, (swimming pool, recreation center, pathways), screening of service facilities, multi- family residential building separation, and design offsets along building faces. Dwelling units and the recreation center have been situated toward the interior of the site so as to reduce possible noise impacts on neighboring properties and to increase visual privacy between adjacent uses. Reasonable care has been taken to preserve a number of mature trees on the site as shown on the grading plan. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 9 t Other- Site Development Review standards related to other Community Development Code standards are reviewed below. Access and Circulation/Roadway Improvements The proposal satisfies Community Development Code Chapter 18.108 standards for internal roadway widths (minimum width of 24 feet), number of access points (5 required; 5 provided),and pedestrian circulation. In addition, the proposed roadway system will provide good emergency vehicla access and maneuverability through the site despite the site's steep grade. While the Commission agrees with the NPO that primary access to this site from Pacific Highway would be preferable to the proposed plan with respect to reducing impacts upon local streets and adjacent uses, the plan does provide for the primary access to be on SW Naeve Street, a minor collector street, a short distance from its intersection with Pacific Highway, an arterial, and thus provides an adequate and safe, although perhaps not ideal, primary access. The Comprehensive Plan's locational criteria for Medium Density Residential and Medium-High Density Residential Plan designations with regard to access to collector streets and arterials are used for determining how properties are to be designated for future use and are not intended to be determinative of where all accesses for a development are to be placed. To require all five required accesses for this development to be located on its collector street and arterial frontages would result in poor internal circulation, inadequate emergency vehicle access, and possible traffic problems on SW Naeve Street because of the number of locations where vehicles would be making turning movements. The commission finds that the proper method for providing adequate access and-internal circulation for the development and protection of the Summerfield community from southbound trips on 109th Avenue -is to barricade 109th on the south side of Naeve Street. In addition, the Commission finds that 109th Avenue should not be extended north at this time. Parking The site plan provides for an appropriate number of parking spaces for a 364 unit apartment development (594 parking spaces required; 701 parking spaces provided), covered parking spaces (364 covered parking spaces required; 368 spaces provided), and allowable compact to total required parking space distribution. The site plan appropriately designates 14 handicapped accessible parking spaces that are distributed throughout the site (a minimum of 14 designated handicapped accessible spaces are required). It is recommended that several of these designated handicapped parking spaces be located under cover to better serve the needs of handicapped residents of the proposed development and handicapped visitors. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 10 Landscaping The proposed landscaping plan provides appropriate locations, types, spacing and sizes for required street trees. The plan also provides appropriate understory plantings along the site's frontages to reduce the impacts of on-site traffic lights on adjacent uses and traffic on the abutting streets. The plan provides for a row of evergreen trees along the site's northern boundary to provide the required buffer area between this site and the adjacent existing apartment complex. Proposed internal site landscaping will provide appropriate numbers of parking area trees, provide buffering and screening between the proposed buildings, and should supplement the trees and other existing vegetation that is to.be retained to make an attractive development. The proposed development and its attendant significant amount of grading will necessarily require removal of a number of large trees. Reasonable care appears to have been taken to plan the development with respect to retaining a significant amount of the existing mature trees. The western section of the site above Pacific Highway will retain its existing vegetation. A detailed tree survey of the balance of the site will need to be submitted with the revised site and landscaping plans. If possible, the applicants should endeavor to retain more mature trees in areas that will not undergo grading. A tree removal permit will be required before trees with a diameter of six inches or greater can be removed. An arborist's report will be required prescribing measures to be followed for protection of existing trees to be retained. Signs The site plan shows signs to be located at the development's SW Naeve Street entrance and along SW Pacific Highway. Sign details are not included. Community Development Code Section 18.114.130 permits housing complex identification signs to be located only at entrances to the development. The sign along SW Pacific Highway should be removed from the necessary revised site plan prior to building permit issuance. A Sign Code Variance to allow this sign location may be applied for separate from the current application. Sign permits must be obtained prior to erecting any sign. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Tigard Community Development Code Chapters 18.54, 18.56, 18.80, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. (Source: Planned Development Approval Standards - Code Section 18.80.120 and Site Development Review Approval Standards - Code Section 18.120.180). The Planning Commission has determined that the proposal, with minor modifications that should be required to be made prior to building permit issuance, is consistent with applicable portions of the Community Development Code based upon the following findings: FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 11 1. Chapter 18.54 (R-12 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-12 zone with the exception of the corner yard setback intrusion of proposed building M. The site plan should be revised to locate that building in conformance with the corner yard setback requirement. 2. Chapter 18.56 (R-25 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-25 zone applied to the western portion of Tax Lot 200. 3. Chapter 18.80 (Planned Development) is satisfied because the proposal is to be reviewed by the Planning Commission as required by the provisions of the Planned Development overlay zone. 4. Chapter 18.92 (Density Computations) is satisfied because the site plan provides an appropriate calculation of the permitted number of housing units for the site and the proposed development would provide fewer than the allowed number of dwelling units. 5. Chapter 18.96 (Additional Yard Setback Requirements and Exceptions) is satisfied because the site plan provides for appropriate distances between multi-family residential buildings so as to assure privacy to residents and to also provide adequate light to all units. 6. Chapter 18.100 (Landscaping and Screening)' is satisfied because plans for tree retention and added landscaping satisfy Code requirements for minimum site area landscaping, street trees, perimeter buffering, and vision clearance at intersections. The site plan should, however, be revised to retain additional existing mature trees in areas that do not need to be, disturbed to accommodate the proposed buildings and roadways. A detailed tree survey and arborist•s report must be submitted: 7. Chapter 18.102 (Vision Clearance Areas) is satisfied because proposed improvements at driveway/road intersections are located or sized with respect to maintaining clear vision for motorists and pedestrians. 8. Chapter .18.106 (Off-street Parking) is satisfied because the site plan satisfies Code requirements for number of total parking spaces provided, covered parking spaces, compact/total parking space ratio, designated handicapped parking spaces, and parking area lighting. 9. Chapter 18.108 (Access, Egress, and Circulation) is satisfied because the site plan provides for safe and efficient access and egress for the proposed use and for general circulation on the site. The plan provides for five access driveways for the proposed 364 unit development in compliance with Code Section 18.108.070.D. The plan also provides for adequate and safe pedestrian sidewalks through the site. The proposed access and internal roadway plan provides for adequate emergency vehicle access and maneuverability through the site. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/RAMPE - Page 12 10. Chapter 18. 114 (Signs) will be satisfied when the site plan is revised to locate signs only in conformance with Code allowances. Sign permits must be obtained prior to the erection of any sign on the site. 11. Chapter 18.120 (Site Development Review) is satisfied because the site plan generally provides for the proposed buildings and other site improvements to be located so as to preserve existing trees and to minimize alterations to the site's topography and drainage systems. The site plan also situates the buildings so as to provide for privacy and light for the proposed dwelling units and to assure compatibility between the proposed development and adjacent uses. The proposed recreation center, pool, and walking trail will provide appropriate recreational facilities for the development's residents. 12. 'Chapter 18.150 (Tree Removal) will be satisfied because the applicant will be required to obtain a tree removal permit prior to removing trees in preparation for development. Permits will be granted only if it is found necessary to remove the trees to accommodate structures, driveways, utilities, or other proposed site improvements. The site plan illustrates trees within the development that will be retained. A -detailed tree survey and an arborist's report outlining methods of protection of the trees to be retained must be submitted prior to the issuance.of a site grading permit or a tree removal permit. 13. Chapter 18.164 (Street and Utility Standards) will be satisfied upon approval of public improvement plans for and construction of the proposed improvements to SW Naeve Street, SW 109th Avenue, and SW Pacific Highway. Approval of- public improvement plans is required prior•to the issuance of building permits and tree removal permits for the proposed development. The 'proposed development will contribute a substantial amount of traffic to nearby streets such as Pacific Highway and the public streets through Summerfield. This additional traffic. should not be allowed to travel south on 109th Avenue into Summerfield. The proposed storm drainage system will collect stormwater from the portion of the site to be developed and direct this water to the storm sewer at the intersection of SW 109th and Naeve. The public improvement plans should include an analysis of the anticipated stormwater flow from this area. Drainage pipes shall be sized accordingly. Some stormwater drainage resulting from the interim improvements to SW Naeve Street will be directed towards King City through a culvert under Pacific Highway. The City should coordinate the review of final storm drainage plans for this section with the City of King City. Total stormwater flow from this site to the west should be reduced because the on-site storm drainage system should capture some overland flow that would drain westward if the site remained undeveloped. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 13 C_ C. DECISION The Planning Commission APPROVES Planned Development PDR 90-0002/Site Development Review SDR 90-0004 subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. The site plan shall be revised to relocate proposed building M a minimum of 15 feet from the site's eastern boundary in conformance with the corner yard setback requirement of the R-12 zoning district and to remove the proposed signage from the project's SW Pacific Highway frontage. STAFF CONTACT: Jerry Offer, Planning Division (639- 4171) 2. -A complete set of revised landscaping, grading, and utility plans conforming with the site plan shall be submitted: STAFF CONTACT: Jerry Offer, Planning Division (639-4171). 3. •A demolition. permit shall be obtained prior to destruction or moving any of the existing buildings on the site. STAFF CONTACT: Brad Roast, Building Division (639-4171). 4. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer; shall be submitted for final -review and approval (NOTE: these plans are in-addition to any drawings required by the Building Division and' should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Division •(639- 4171). 5. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 6. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to State Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 7. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 14 A copy of the permit shall be provided to the City Engineering Division prior to issuance of a Public Improvement Permit. STAFF - CONTACT: Gary Alfson, Engineering Division (639-4171). 8. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities shall be installed along the 109th Avenue frontage. The grade shall be allowed to be a maximum of 15 percent. 109th Avenue shall not be connected to the existing northern segment and it shall be terminated at the north end of this project in a manner approved by the Engineering Division. A barricade shall be installed across 109th Avenue, to the south of Naeve Street, in a manner approved by the Engineering Division. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 9. Additional right-of-way shall be dedicated to the Public along the 109th Avenue frontage to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document shall be on City forms. Instructions are available from the -Engineering Division. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 10. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, f storm drainage, streetlights, and underground' utilities shall be installed along the Naeve Street frontage. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent" improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171)... 11. Additional right-of-way shall be dedicated to the Public along the Naeve Street frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document sh2.11 be on city forms. Instructions are available from the Engineering Division. STAFF CONTACT: Jon Hagman, Engineering Division (639-4171). 12. On Naeve Street, interim street improvements consisting of a 24 foot wide paved street with 2 foot gravel shoulders and drainage ditches shall be installed from Pacific Highway to the site. The pavement section shall consist of a minimum of 3 inches of asphaltic concrete on a minimum of 10 inches of aggregate baserock. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 13. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement plans. ( FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 15 Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 14. The proposed privately-operated and maintained parking lot and/or roadway plan-profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 15. A grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 17. During construction of the on-site and off-site improvements, all construction traffic shall travel to and from the site via the intersection of Naeve Street and Pacific Highway. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street nor 109th Avenue. STAFF CONTACT: Coy Humphrey, Code Enforcement Officer (639-4171). 18. A detailed tree protection plan shall be submitted for Planning Division approval which includes locations and types of trees to be removed or retained, an arborist's recommendation for methods of protecting retained trees during construction of the proposed apartments as well as for the long-term health of these trees. This tree protection plan shall include'at a minimum all trees designated for retention on the preliminary landscaping plan and should endeavor to add additional mature trees as practicable. The trees to be saved shall be protected during construction by fencing or similar means approved by the Planning Division. No site grading, clearing or tree removal shall occur prior to satisfaction of this condition. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171). PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. 1. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Jerry Offer, Planning Division (639-4171) 2. A sign permit shall be obtained from the Planning Division prior to the erection of an identification sign. Sign location and size must FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 16 be in accordance with the provisions of Section 18.114 of the Community Development Code. THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL APPROVAL DATE. It is further ordered that the applicant be notified of the entry of this order. PASSED: This }/-day of May, 1990, by the Planning Commission of the City of Tigard. i Fyre, e i nt Tigard lanni mission SDR 90-04.PFO/kl FINAL ORDER 90-11 PC - SDR 90-04 TRIAD/KAMPE - Page 17 SAFE KIDS Week May 14 - 20, 1990 WHEREAS, during the week of May 14 - 20, 1990, the National Coalition to Prevent Childhood Injury has scheduled a local and national campaign to increase public awareness of the high incidence of accidental injury among children; and WHEREAS, each year, nearly 8,000 children up to age fifteen die from injuries sustained in accidents, thereby making unintentional injuries and trauma the leading killer of children in the United States; and WHEREAS, each year, approximately one in four children under the age of fifteen receives an injury serious enough to require medical attention; and WHEREAS, the incidence of childhood accidental injury doubles during the trauma season, the time when children are released from school for the summer vacation and spend a great deal of their recreational hours outdoors; and WHEREAS, the sponsors of this campaign believe that it is critically important to focus attention on the problem of accidental injury, the need for preventive measures, and the need to educate the public on prevention and emergency response; NOW, THEREFORE, I, the Mayor of Tigard, do hereby proclaim May 14 - 20, 1990 as "SAFE KIDS Week" in Tigard and call upon all the residents of this great state to join with me in supporting the aims, goals, and programs of the National Coalition to Prevent Childhood Injury, for the benefit of our state's most precious resource, its children. Mayor ATTEST: City Recorder Date C PROCLAMATION WHEREAS, crime and its effect upon the lives and property of the citizens of Tigard and surrounding communities is of utmost concern, and continued efforts of our Police Department to curb this problem are greatly appreciated; and WHEREAS, the problems of crime touch and effect all segments of our society, and can undermine and erode the moral and economic strengths of our communities and their citizens if unabated; and WHEREAS, each year, approximately one in four children under the age of fifteen receives an injury serious enough to require medical attention; and WHEREAS, the members of the Tigard Police Department strive to provide and maintain a safe environment for the citizens of Tigard; and WHEREAS, the members of the Police Department and the dedicated services performed by them are certainly appreciated and worthy of special recognition, NOW, THEREFORE, I, Gerald R. Edwards, Mayor of the City of Tigard, do hereby declare May 13 through 19 as NATIONAL POLICE WEEK and urge all Tigard citizens to observe these special days in honor of the professional and dedicated members of our Police Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed this 14th day of May, 1990 5ligNO To Whom It May Concern: Attached is a letter I am sending to several people which I feel outlines the rights and needs of all residential neighborhoods. Also attached is the letter I read to the planning commission on May 8. I want to say, again, that I am concerned about the process of planning in Tigard. There seems to be a real lack of common sense and logic or concern for all the people in the area. Far too many people seem to consider a certain proportion of the population expendable. As far as I'm concerned, the feelings and future of every last person must be considered--not just swept under the rug. A31 residents should have equal rights. At this point they don't. I'm concerned when I hear that Tigard is lenient to developers, encourag- ing development even where it adversely affects the people already here. I am concerned to find there are people who help plan our city that feel wrongly treated if stopped for speeding in our neighborhoods and treat deaths on our streets as unfortunate---but what can you do? I know. We don't want "Gee-we'd help if we could but it's out of our hands" or "That's just not the way it's done, this is....." or "You must sacrifice for the good of the majority." Yes, you can help---it's never out of your hands if it affects your city---just because it's done a certain way doesn't make it right and, NO, we shouldn't have to sacrifice.. We have equal rights and needs. We should retain our rights or by justly compensated. There are solutions - fair solutions to these problems. Someone just isn't thinking deeply enough. Where are the people who will plan for the good of all? I feel the McDonald Development is good but I'm concerned about the Walnut Extension. I want to be assured that it will never be a part of Murray. It should be just another city street - not a throughway. Therefore, let's not allow for arterial widths and turn lanes. Let's put in a three way stop at 135th. Let's set the speed at 25 mph to assure residential traffic only. We are going to protect our neighborhood. Are you behind us or do we continue to go it alone? Sincerely, Barbara Martin To Whom It May Concern: I am a resident of Tigard. I live on Walnut Street. I, as any other resident in the city, have needs which require certain considerations dealing with both safety and quality of life. These are the reasons for restrictions such as 25 mph speed limits, stop signs, pedestrian laws, etc. Drivers, therefore, should always drive prudently in such areas. Just around the corner or over the hill a delivery truck may be slowly backing into a driveway, a mail or service truck may be stopped on the road, an elderly person may be crossing to get his mail or paper, a child may be struggling across a street with his bike or a resident with children in the back seat may be backing out of a driveway. Children, especially, must be taken into consideration. No matter how well they've been trained to look and listen--(on a busy, noisy street this is difficult for anyone) their neurological development, back- ground and experience in these situations is very limited compared with an adult. A judgment call by them may be inadequate - even an adult can act before thinking. The driver of a car in this area must be very aware and be conditioned ahead to expect these situations. Hence, a Residential Posting. We must guard against tragedies resulting from lack of protective planning in these situations. People traveling these areas must think residential ~e first--then destination. I don't feel setting these streets up as arter- ials provides for that protective planning and thought conditioning of the drivers. People on arterials have a destination in mind and want to get there quickly and efficiently--they will be going fast! And what about parking for guests, protection from noise of traffic, values of our homes..... These, too, must be considered if you care about the quality of life for the residents - they are still real people. You can't sweep them into the back corner of your minds or expect them to sacrifice for the good of the developer or late-comer. If you truly feel there is no other way - I suggest you come through, re- zone for commercial and pay the people accordingly for their property. For - commercial zoning is the only appropriate zoning for a noisy, busy, public thoroughfare. Sincerely, arbara Martin CC:Bonnie Hays Roy Rogers Blair Crumpacker Frank Angelo Tom Brian Paul Phillips C Randall Woolley Jerry Edwards Herman Porter Cal Woolery To Whom It May Concern: I am assuming that the planning commission, staff and council plan with not only the awareness of what each new development will mean to the entire area but also with an eye to the future. You see what is coming down the road- for a distance, anyway. I don't see how you can make a decision on the road this development is to build when you don't know whether it will be part of a Murray Extension or not. By all rights it shouldn't be. You don't bring arterial traffic through neighborhoods and expect to keep them liveable. You don't build a wide road without expecting to bring a lot of traffic through. This Murray Extension will not affect some small obsolete street but a major portion and solid part of our community. Our HOMES. As long as we're ofi the subject, the faster and more traffic that comes through an area-the farther from houses should that traffic be. I don't have to tell you what that would mean dollar-wise. Following are the changes I propose for the McDonald Development. Again-I am assuming we won't be extending Murray this way. Walnut now has a two-lane street. Forty feet would be ample to give the new road two lanes, two bike paths and two sidewalks. What do we need sixty feet for? Let's keep the width at forty to insure a residential status for ` this neighborhood. I would also like this new street to make a T-inter- section at 135th with a stop sign. Along with this but dealing with a different planned development and the county, where Walnut now meets 135th should also be a T-intersection with a three way stop. This road would have to be realigned somewhat so as not to interfere with existing homes on that corner. 't'hese stops would help insure present residents that through traffic would be kept at a minimum. I also feel the McDonald Development should have an access road directly on to New Scholls Ferry Road. Some one mentioned one of the school districts buying the Benjamin Franklin field for an elementary school. The area will be loaded with students. Why not put the school in the neighborhood. Vfalnut is a central street in a large residential area and has three schools along it now. We should already be thinking along the lines of making it a nice safe street for that purpose. Tigard has been far too concerned with what makes dollars--not with what makes sense. Looking back at past comprehensive plans in Tigard, one can see over and over how one developer after another has closed off potential traffic routes to create a nightmare of a maze--a nightmare for anyone trying to get through and a nightmare for those living on one of the few streets that goes any distance. I don't think it is too much to expect, at this point, that all new developments access directly onto arterials without going through already overused residential streets. Poor plan- ning has left us no choice. Not only do I propose these amendments, but I propose that we take a hard look at Tigard, repair the damage that has been done and get all of our residential streets back to liveable--back to residential status with all the needs and rights that that implies. I'm going to close with a few statements about what I think our focus for planning should--people and the environment. We need to stay in touch with nature and just plain space is needed for mental health. How many of us today can identify with the poetry of Robert Frost? How many of our children will? I suggest we reverse our definition of blight. How about a tax break for those big yards and trees that support our wildlife and let our environment , as well as ourselves, breathe? Perhaps blight should take in those big houses on small lots in developments where all the trees have been leveled, wildlife destroyed and watershed disrupted. After all--those big buildings take so much of our resources, not only to construct but to maintain, heat and cool as well. Let's become a model community. We still have so much potential. Sincerely, ii7 arbara Martin a MEWRANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council (i`' : May 4, 1990 FROM: Patrick J. Reilly, City Administrator / SUBJECT': COUNCIL MLENDAR, May - July 190 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. May '90 8 Tue Budget Committee (7:00) 9 Wed Gpen House - Town Hall Meeting on City Ballot Measures (7:00) *14 Mon Council Business Agenda (6:30/7:30) 15 Tue Budget Committee (7:00) 16 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *21 Mon Council Study Agenda (6:30) 22 Tue Budget Committee (7:00) 28 Mon Memorial Day - City Offices Closed June '90 8-9 Fri/ Council Goal Setting Session (Friday 6:30 - 10:00; Saturday Sat 9 a.m to 4 p.m.) - Tentative *11 Mon Council Business Agenda (6:30/7:30) Workshop - City of Durham *18 Mon Council Study Agenda (6:30) 20 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *25 Mon Council Business Agenda (6:30/7:30) July '90 * 9 Mon Council Business Agenda (6:30/7:30) *16 Mon Council Study Agenda (6:30) 18 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.) *23 Mon Council Business Agenda (6:30/7:30) cw/cccal Council Calendar - Page 1 AGENDA OF: 5/14/90 ISSUE/AGENDA TITLE: Street vacation DEPT HEAD OK&dYj.ICITY ADMIN DATE SUBMITTED: 5/3/90 PREVIOUS ACTION: None PREPARED BY: Keith Liden REQUESTED BY: Should the City vacate an unimproved public street right-of-way if said vacation enhances a property's development potential, and the right-of-way is not needed now or in the foreseeable future for public utilities? INFORMATION SUMMARY Western Investment Management Co. has requested the vacation of two undeveloped street rights-of-way located to the north and west of Palmer Acres subdivision which is located south and east of Pacific Highway and Highway 217 (see the attached map). Requests for comments have been sent to abutting property owners and to all relevant utility companies and public agencies. No objections have been forwarded to the Planning staff. However, GTE and PGE indicate that there may be a need for public utility easements if the rights- of-way are vacated. Additional research is necessary, on the part of these utilities, to determine what, if any, easements are required. The decision before Council is to determine if is appropriate to initiate vacation proceedings and call for a public hearing on June 25, 1990 to determine whether the right-of-way should be vacated. It appears that the proposed vacation is in the best interest of the City because of its substandard width and the impediment it creates for the purpose of redeveloping the abutting properties. ALTERNATIVES CONSIDERED 1. Approve the attached resolution calling for a public hearing on June 25, 1990. 2. Take no action at this time. FISCAL IMPACT All fees and staff costs will be paid by the applicant. SUGGESTED ACTION Approve the attached ordinance PALMER.VAC/kl MITCHELL, LANG & SMITH ATTORNEYS AT LAW SEATTLE OFFICE CHARLES T. SMITH ELIZABETH A. SAMSON 2000 ONE MAIN PLACE MANAGING PARTNER: E. PENNOCK GMEEN RICHARD L. LANG CANDACE H. WEATHERBY 101 S. W. MAIN STREET SUITE 4330 WM. H. MITCHELL KATHLEEN L. KICK: RS• PORTLAND, OREGON 97204 1001 FOURTH AVENUE EDWARD J. SULLIVAN$ TERRY M. WEINER SEATTLE, WASHINGTON 00154.1105 WILLIAM A. MASTERS. MARK J. GREENFIELD (206) 202.1212 WM. KELLY OLSON• CHARLES D. HARMS TELEPHONE (503) 221.1011 FAX (206) 682.4687 E. PENNOCK GHEEN•, P.S. LESLIE ANN BUDEWITZt FAX (503) 246.0732 BRUCE M. WHITE. NEIL W. JONES THANE W. TIENSON• JODY ANN NOON JOHN A. WITTMAYER• PEGGY HENNESSY• CHRIS P. DAVIS MARY KYLE McCUROY{ E C F_ ) VSCOTT J. MEYER WILLIAM H. CAFFEE ~-LJ MATTHEW T. BOYLE t, P.S. DANIEL H. KEARNS PATRICK D. GILROY, JR! THOMAS M. CHRIST M THOMAS P. S. THOMAS M. CHRIST ay 14, 1990 MAY 1 4+ 1990 • MCMBCR ORCOON AND WASHINGTON BARB 1 ,L.rl n :MCMBCR OREGON AND HAND DELIVERED WASHINGTON, O.C. BARB t MCMBCR WASHINGTON NR ONLY MCMBCR OREGON AND CALIFORNIA BARS Tigard City Council 13125 SW Hall Road Tigard, OR 97223 Re: Application: B.P. Oil zone change/plan map amendment Planning file no. CPA 90-0003/ZC 90-0001 Our file no. 700/39148-0 Dear City Council Members: ' On behalf of the applicant B.P. Oil, we wish to withdraw the application in the above-mentioned matters presently before the Council. The Council considered this application at its April 23, 1990 meeting but took no final action on the matter. Under Oregon law a land use application before a local government may be withdrawn at any time prior to "final action" being taken. See Robert Randall Co v City of Wilsonville, 8 Or. LUBA 185, 189-90 (1983). As such, this application is no longer before the City Council. On behalf of the applicant, we respectfully withdraw British Petroleum's application for a requested zone change and plan map amendment, Tigard planning file numbers CPA 90-0003 and ZC 90- 0001. Thank you. Sincerely, MITCHELL, LANG & SMITH Daniel Kearns cc: Ken Elliott, Assistant City Attorney Jerry Offer, Associate City Planner CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _ May 14, 1990 DATE SUBMITTED: May 3, 1990 ISSUE/AGENDA TITLE: Comprehensive PREVIOUS ACTION: Planning Comm, hra Plan Amendment CPA 90-0003/Zone Cha on 4/3/90• Council hr 0 23/90 ZON 90-0001 "Ainningham/BP) PREPARED BY: Jer Offer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City adopt findings denying changes to the comprehensive Plan and Zoning map designations of a parcel at the Southwestern corner of SW Scholls Ferry Road and SW North Dakota Street to allow General Commercial development? gaga=c==gaga=ca=a=aaaca=gaga=aacaaaaa===ac------=a INFORMATION SUMMARY The Planning Division issued a staff report to the Planning Commission recommending denial of the above described application due primarily to concerns related to traffic congestion, traffic safety, and the absence of a finding of a change in circumstances affecting the parcel or evidence of a mistake in the original Plan and zoning designations. The staff report also noted that the City of Tigard Engineering Division, City of Beaverton, and Oregon State Highway Division also recommended denial of the application for similar reasons. The Planning Commission reviewed the applicant's proposal and the Planning Division staff report along with hearing public testimony on the proposal at the Commission's April 3, 1990 meeting. The Planning Commission recommended assignment of the Neighborhood Commercial Plan designation and C-N zoning designation to the parcel instead of the requested designations. On April 23, 1990, the City Council reviewed the Planning Division staff report and Planning Commission meeting minutes and conducted a public hearing on the application. The City Council voted to deny the application based on the findings contained in the Planning Division staff report. The council directed staff to prepare a resolution denying the application. Attached are a resolution,-exhibit-"A" (staff report), and exhibit "B" (map). - ALTERNATIVES CONSIDERED 1. Adopt the attached resolution. 2. Modify and adopt the attached resolution. FISCAL IMPACT None. SUGGESTED ACTION - Adopt the attached resolution. 1 CITY OF TIGARD, OREGON 7ti RESOLUTION NO. 90- A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 90-0003) AND ZONE CHANGE (ZON 90-0001) REQUESTED BY BP OIL COMPANY (LEE CUNNINGHAM - PROPERTY OWNER). THE SUBJECT PROPERTY IS LOCATED AT 12528 SW SCROLLS FERRY ROAD. WHEREAS, the applicant requested a Comprehensive Plan Amendment from Professional Commercial to General Commercial and a Zone Change from C-P (Professional Commercial) to C-G (General Commercial) for a 1.38 acre parcel located at the southwestern corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street; WHEREAS, the Tigard Community Development Division recommended denial of the proposal through its staff report to the Planning Commission; WHEREAS, the Tigard Planning commission reviewed the above application and received public testimony at its regular meeting of April 3, 1990, and the Commission recommended the approval of an alternative redesignation to the Neighborhood Commercial Plan designation and the C-N zoning designation rather than the requested General Commercial (C-G) designations; and WHEREAS, the Tigard City Council heard the above application at its regular meeting of April 23, 1990. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal is not consistent with all of the relevant criteria noted in the attached findings (Exhibit "A"). Section 2: The City Council upholds the Community Development Division's staff recommendation for denial of the Comprehensive Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (map). Section 3: The Council, therefore, ORDERS that the above-referenced request by DENIED. The council FURTHER ORDERS that the Planning Director and the City Recorder send a copy of the Final order as a Notice of Final Decision to the parties in this case. PASSED: This day of , 1990. ATTEST: Mayor - City of Tigard City Recorder - City of Tigard RESOLUTION NO. 90- AGENDA ITEM 5-2 STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: April 3, 1990 - 7:30 PM HEARING LOCATION: Tigard City Hall - Town Hall 13125 SW Hall Blvd. Tigard, OR 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 90-0003 Zone Change ZON 90-0001 REQUEST: 1) Plan Map Amendment from Commercial Professional to General Commercial 2) Zone Change from C-P (Professional Commercial) district to C-G (General Commercial) district APPLICANT: British Petroleum Oil Co. AGENT: Richard Woelk, C/o Brian Duffy, BP Oil John Morgan 3868 Prospect Drive, Ste 360 ATEP, Inc. Rancho Cordova, CA 95670-6020 4040 Douglas Way Lake Oswego, OR OWNER: Lee Cunningham 13385 SW 115th Avenue Tigard, OR 97223 LOCATION: 12528 SW Scholls Ferry Road PROPERTY DESCRIPTION: WCTM 1S1 35AD, Tax Lot 2400 2. Backqround Information The City Council on May 12, 1986 issued a resolution recognizing the nonconforming use status of continued retail sales use on this property (Resolution No. 86-54). No other land use or development applications regarding this site have been reviewed by the City of Tigard. 3. Vicinitv Information Properties abutting the subject site on the west and south are zoned R-7(PD) (Residential, 7 units/acre-Planned Development). Properties to the west are developed with single family residences which are located within the Summerlake subdivision. The Kindercare daycare center is r immediately south of the site. Properties to the east across SW North Dakota Street are zoned C-N (currently being developed with a medical STAFF REPORT - CPA 90-0003/2C 90-0001 - BRITISH PETROLEUM PAGE 1 EXHIBIT A tL office building), C-P (vacant), and C-G (approval recently issued for a McDonald's restaurant). Further east is the Greenway Town Center shopping center. Further south on the east side of the street is the Meadowcreek Apartments and the Anton Park subdivision. Properties to the north across SW Scholls Ferry Road are within the City of Beaverton. 4. Site Information and Proposal Description The subject site is a 1.38 acre rectangular shaped site located in the southwest quadrant of the intersection of SW Scholls Ferry Road and SW North Dakota Street. A veterinary clinic is located in a single story house quite close to the intersection. A gravel parking area is located between the house and SW Scholls Ferry Road. A large barn presently used as a warehouse by a landscaping installation and maintenance company is located to the south of the veterinary clinic along SW North Dakota Street. A second house occupied by a garage construction business is located further south. The warehouse and construction businesses are nonconforming uses in the present C-P zone applied to the property. The applicant requests a Plan Map amendment from commercial Professional to General Commercial and a Zone Change from the C-P (Professional Commercial) zoning district to the C-G (General commercial) zoning district. The applicant has submitted a statement designated Rezoning Application dated February 12, 1990 and a Transportation Analvsis for BP Oil Company dated February, 1990 in support of the request. Although the proposed redesignation would make the subject property available for development of any of the permitted or conditional uses allowed in the C-G zoning district, the applicant's Rezoning Application and Transportation Analysis focus on use of the site for a combined vehicle fuel sales/car wash/convenience store along with relocation of the existing veterinary practice to the southern portion of the property. Vehicle fuel sales is a conditional use in the C-G zone. Automobile cleaning, convenience food stores, and professional offices are examples of permitted uses in the C-G zone. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: A traffic analysis has been submitted by the applicant to support the request for a change in zoning. The traffic analysis assumes that, if the zone change is approved, the property will be developed as a service station. The requested zone change would allow the property to be developed for a variety of retail uses. Typical retail STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 2 development would generate average daily traffic volumes similar to those reported in the traffic analysis for a service station. However, the traffic generated during the afternoon peak hour could be much greater under many of the allowed uses. Traffic is a particular concern at this site. Currently, the City is receiving many complaints about the volume of traffic using SW North Dakota Street and traveling through the residential areas to avoid congestion on Scholls Ferry Road. Retail commercial development of the site is likely to cause some increase in traffic on North Dakota Street. Development of a service station could lead to a greater traffic increase on North Dakota Street than that indicated by the figures in the traffic analysis, due to the unique location of the site. There are no existing service stations within one mile of the site. Existing zoning and existing development make it unlikely that a service station will be built within one mile of the site. Therefore, there is a risk that some traffic will be diverted from other routes in order to utilize the service station/convenience store proposed for the site. Traffic diverted from Walnut Street or 121st Avenue would be likely to utilize North Dakota Street to access the site. ` Therefore, we recommend that the proposed Plan Amendment/Zone Change be denied until existing traffic problems in the residential areas of North Dakota Street are resolved. Washington County•s Department of Land Use and Transportation has recommended that in order to improve traffic movement on SW Scholls Ferry Road, a major arterial, access to SW Scholls Ferry Road should be prohibited for any future development of the site. The Oregon State Highway Division has reviewed the proposal and has recommended denial of the proposal due to the potential for increased traffic by uses allowed by the C-G zone as compared to typical uses in the C-P zone and the effects of this additional traffic on operation of the Scholls/North Dakota intersection. The Highway Division has also commented that it will be difficult to provide direct access to this site from Scholls Ferry Road because such an access would provide conflicts with a planned right turn lane from eastbound Scholls to North Dakota Street. The Highway Division is scheduled to complete a widening and improvement project for this section of Scholls Ferry Road within the next two years. The proposal was reviewed by several members of NPO #7 at the March NPO meeting. Due to a lack of a quorum, the NPO was unable to adopt an official recommendation. Concerns were raised with regard to traffic impacts on adjacent streets and with the compatability of a service station with adjacent residences. However, several members felt a great need exists for a service station in this area. STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 3 The Building Division, Tigard Water District, Tualatin Valley Fire and Rescue District, and PGE have reviewed the proposal for a Plan Amendment/Zone Change and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, and 12; Comprehensive Plan Policies 2.1.1, 4.2.1, 4.3.1, 5.1.1, 5.1.4, 6.6.1, 7.1.2, 7.4.4, 7.6.1, 8.1.1, 8.3.1 and 12.2.1 (Locational Criteria for the General Commercial Plan designation);and the change or mistake quasi-judicial Plan Map Amendment criteria of both the Comprehensive Plan and Community Development Code. The Planning Division concludes that the proposal is only partially in compliance with the applicable Statewide Planning Goals based upon the following findings: 1. Goal #1 (Citizen involvement) is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by neighborhood planning organizations (NPOs). In addition, all public notice requirements related to this application have been satisfied. 2. Goal #2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan policies, and Community Development Code requirements to the review of this proposal. 3. Goal #9 (Economy of the State) is satisfied because the proposed redesignation would not affect the City's inventory of developable commercial land but would instead affect only the types of commercial activities that may be developed on the subject site. 4. Goal #12 (Transportation) is partially satisfied because the proposed redesignation would allow development of intensive commercial uses along a major arterial, Scholls Ferry Road, at its intersection with SW North Dakota Street and SW 125th Avenue, collector streets serving developed residential areas within the cities of Tigard and Beaverton. Thus, the redesignation and subsequent development of the site may prove convenient for the residents of neighboring areas that might make use of services to be provided on the site that are not presently available in this area. Goal 12, however, also requires that transportation safety be considered as part of land use decision making. As described further under Plan policies 8.1.1 and 12.2.1 below, the proposal for redesignation of this site to General Commercial/C-G raises significant traffic concerns in the neighborhood of the site, especially with regard to SW North Dakota Street as it passes through the Anton Park subdivision. C_ STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 4 Staff has determined that the proposed Plan Map/Zoning Amendment is only partially consistent with the Comprehensive Plan based upon the findings below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #7 and surrounding property owners were given notice of the public hearings related to the request and their opportunity to comment on the proposal. 2. Plan Policy 4.2.1 will be satisfied through the development review and building permit processes at which time a development proposal for this site must be shown to comply with applicable federal, state, and regional water quality requirements including preparation and implementation of a non-point source pollution control plan in compliance with the Oregon Environmental Quality Commission's temporary rules for the Tualatin River basin. The proposed redesignation does not by itself affect compliance with this Plan policy. 3. Plan Policy 4.3.1 is implemented through the development review process in which building placement and landscaping are reviewed with respect to minimizing noise impacts of a developing use upon neighboring land uses. 4. Plan Policy 5.1.1 is not affected since the proposed redesignation of the site would maintain the site's potential for commercial development, although under the proposed C-G zoning designation different commercial uses would be permitted with different types of job opportunities created as compared to the current C-P zoning. 5. Plan Policy 5.1.4 is satisfied because the proposed redesignation would not involve commercial encroachment into an existing neighborhood. Instead existing commercial Plan and zoning designations would be replaced with other commercial designations. 6. Plan Policy 6.6.1 calls for buffering between different land uses as well as screening of service areas and facilities. This policy is implemented through Code Section 18.100 which is considered in the review of development applications. The subject site is large enough that potential uses allowed in the C-G zoning district should be able to locate their facilities on the site while providing appropriate means of landscape buffering and screening to reduce noise and visual impacts on the adjacent developed properties. 7. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve future development of the site. Extension of necessary public facilities to serve the site are the responsibility of the developer. The City of Tigard notifies applicable public and private utility providers of ! pending development applications. STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 5 S. Plan Policy 8.1.1 is not satisfied because the proposed redesignation could lead to development of uses on the site which would be expected to attract substantially more traffic to the site than would be expected with development under the existing Commercial Professional (C-P) designations. This potential increased traffic would tend to negatively impact traffic safety on nearby streets. As noted by the Engineering Division, this concern is greatest with regard to SW North Dakota Street through the Anton Park subdivision south of the site. Concerns regarding traffic volumes and traffic safety on SW North Dakota Street have previously been raised by this neighborhood before the City Council and Planning Commission. The applicant's Traffic Analysis concludes that development of a vehicle fuel sales/car wash/convenience store and veterinary clinic on the site would result in decreased afternoon peak traffic at the intersection as compared to typical development under the C-P zone. The Traffic Analysis also concludes that the applicant's intended uses would have a minimal impact on overall traffic on SW North Dakota Street. Staff, however finds that these conclusions may be suspect at best and possibly may be irrelevant with respect to future development of the site. First, as the Engineering Division has pointed out, "development of a service station could lead to a greater traffic increase on North Dakota Street than that indicated by the figures in the traffic analysis, due to the unique location of the site... there is a risk that some traffic will be diverted from other routes in order to utilize the service station/convenience store proposed for the site." The applicants' Rezoning Application dwells on the lack of service stations in western Tigard yet the applicants' Traffic Analysis apparently ignores the lack of service stations along alternate routes and therefore is able to project little traffic to the site other than drive-by traffic on SW Scholls Ferry Road. Staff believes that a service station at this site would be a significant traffic attractor for motorists on SW 121st Avenue leading them to utilize SW North Dakota Street through the Anton Park subdivision. This could increase traffic hazards within this established residential neighborhood. Second, the traffic analysis could be irrelevant because it looks only at the theoretical traffic generation of the uses the applicant currently intends to develop on the site rather than looking at the variety of uses that could be developed on the site if the redesignation is approved. No assurance is provided with a Plan Amendment/Zone Change that it will ultimately be developed as currently intended. Ownership and intentions can change. Therefore, traffic analysis for such a proposal should look at the range of possible uses under the proposed designations. A fast food restaurant, which also could be developed on the site if the zoning is changed to C-G, could substantially affect traffic in the area to a much greater extent than the uses addressed in the applicant's Traffic Analysis. The applicant's Traffic Analysis assumes that the Bite would have direct access to SW Scholls Ferry Road. However, Washington County and the Oregon State Highway Division suggest that direct access to STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 6 C Scholls should be prohibited which would therefore lead to additional traffic on North Dakota Street and increased delays at the traffic signal. 9. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of the site. Completion of necessary street improvements along the site's frontages would be required to be installed by the developer at the time of development. The Engineering Division and the Oregon State Highway Division will review any future development proposals for the site. 10. The locational criteria specified in chapter 12 of the Comprehensive Plan are partially satisfied for the following reasons: a. The subject area is not surrounded by residential development on more than two sides. Residential development exists on the south and west sides of the site only. b. As discussed above under Statewide Planning Goal 12 and Plan Policy 8.1.1, staff is not persuaded that the proposed redesignation would not increase traffic on adjacent streets thereby increasing traffic safety concerns along these streets. This potential increase in congestion and safety concerns may exist if the site is developed as the applicant intends, and is likely if the site should develop with many other uses allowed in the C-G zone. The proposal fails to satisfy this locational criteria for the General Commercial Plan designation. C. The site is located at the intersection of an arterial and a minor collector street. Access to the site will be determined in conjunction with the Oregon State Highway Division through the development review process. d. Public transportation is available on SW Scholls Ferry Road. e. The site is an adequate size to accommodate a variety of uses permitted in the C-G zoning district. f. The site is highly visible from the adjoining streets. g. Compatibility of future use of the site with adjacent uses is difficult to ascertain without an actual development proposal. However, the City of Tigard's Site Development Review and Conditional Use review processes are intended to provide an opportunity for review of a potential development's relationship with adjacent existing uses. In order to approve a quasi-judicial amendment to the Plan and Zoning Maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the subject parcel. Alternatively, the City must find that there has been a mistake or inconsistency made in the original designation of the parcel (Comprehensive Plan, Volume 2, Y STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 7 Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). The applicant's Rezoning Application asserts that a mistake was made on the Comprehensive Plan Map with regard to the shortage of General commercial designated properties along the Scholls Ferry corridor. The Rezoning Application states that the applicant's proposed uses are intended to help meet the day-to-day needs of the . residents of the surrounding neighborhoods, yet these particular uses are not allowed in the zoning districts that have been applied to developable properties along this corridor. The applicant points out that there are almost 400 single family homes within one-half mile of the subject property and at least the same number of apartments. The applicants state that this is an intense market for commercial uses that serve day-to-day needs of the area's residents. The applicants state, however, that the Comprehensive Plan Map does not provide enough appropriately zoned land to meet these needs of the neighborhood. While from the applicant's business viewpoint, a mistake may exist with regard to the current Plan designations in that a large market demand may exist that cannot easily be satisfied by the current inventory of properly zoned developable land, from a land use planning viewpoint other reasons exist for not trying to satisfy every economic market demand. The City of Tigard has paid close attention to the amount of developable commercially designated land along the Scholls Ferry Corridor, as has the City of Beaverton. The cities have chosen to limit the amount of General Commercial properties in order to reduce traffic congestion along the highway, in order to reduce the appearance of strip development, and in order to minimize traffic, noise and lighting impacts upon surrounding neighborhoods. This limitation upon General Commercial designations was not a mistake, but instead was a conscious decision to limit the amount of developable commercial properties along Scholls Ferry Road. The City of Tigard has looked at several other proposals for redesignation of properties to the General Commercial and Neighborhood Commercial Plan designations along the Scholls Ferry Corridor and the City has consistently denied those requests. On the property across North Dakota Street from the subject site, the City Council denied a request to change the zoning for the entire property from Commercial Professional (C-P) to General Commercial (C-G) in 1985 (CPA 3-85/ZC 3-85). The Council's decision was appealed to the Oregon Land Use Board of Appeals. The decision was upheld. The Council found that there was no evidence of a mistake in the land zone designations for this area; there was no overwhelming need for additional General Commercial designated lands in this area; and the Council expressed concern with traffic along both North Dakota Street and Scholls Ferry Road. A later Plan/zone Change request for the same property resulted in a mixture of commercial designations being approved. The southwestern portion-of the parcel retained the Professional-Commercial Plan and zone designations; the eastern portion was designated General Commercial; and the northwest portion was designated for Neighborhood Commercial use (CPA 10-86/ZC 18-86). This neighboring site is currently under development with a medical office building and a fast food restaurant. (A substantial STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 8 portion of this site is still undeveloped and is designated with a combination of General Commercial and Professional commercial designations. It is pointed out that the uses the current applicant is intending to develop could be accommodated on those vacant portions of the property to the east.) In addition, the City Council in November, 1989, denied a request for a redesignation of a 1.9 acre parcel at the intersection of SW 135th and Scholls Ferry Road from Medium-High Density Residential to Neighborhood Commercial (CPA 89-08/ZC 89-08). This decision was largely based upon traffic concerns with regard to the intersection of Scholls Ferry and SW 135th, as well with traffic along SW 135th to the south. With regard to that application, the City Council was unable to find that a mistake had been made in the original designation of the property or that substantial changes had occurred in the neighborhood which supported a change to a commercial designation. We find the same holds true for the current application. In conclusion, staff does not find that a change in circumstances has occurred in the neighborhood of the Cunningham property since the original designation of the subject site with the Professional-Commercial Plan and zone designations to support a change to General Commercial at this time. In addition, staff does not find evidence of a mistake in the original designation. Conversely, staff finds that the original Commercial Professional designation was carefully conceived and was intended to minimize the possible impacts upon adjoining land uses and to minimize traffic impacts at this congested intersection. The existing Commercial Professional Plan designation and C-P zoning for the subject parcel should be maintained. C. RECOMMENDATION The Planning Division recommends that the Planning Commission forward a recommendation to the City Council for DENIAL of Comprehensive Plan Amendment CPA 90-0003 and Zone Change ZON 90-0001 based upon the foregoing findings. Auk/Z/ PREP BY: rry r APPROVED BY: Keith Liden eso a Planner Senior Planner br/CPA90-03.jo STAFF REPORT - CPA 90-0003/ZC 90-0001 - BRITISH PETROLEUM PAGE 9 D U N 28127_ 33134 I° c- (PD. GPEEH wU . Cpµ? E t,3*S pN I,M\H N, ~ Dp DR. ?icq ~ ❑ OO ❑ Nz oQ r ~ s.w sivo o G o ❑ ; o Rvs '.W WK'S BEARD y s.W_ a^ o -c •------~1 1 DR. x I I O N 1 w y 1 GLACt ; of a Eft LILY CIR Na Na N 1 1 Vii. /y '-NSUMMERLAKE ARK 1 T DGEWATER ~w cr /I- = o F .5 R. D S.W. VILLAGE LN. PARK LN. _K 5W CT USW -ANZAHITA T. m r f 1 3 Q PL Z N S.W. 0 S eJRL.REST DR sr D ~ s~IwwEa sr. SUMMER CREST MARY WOODWARD D> ELEMENTARY SCHOOL • w•V' (HD) r33 THERME sr. 1 KA N wwLS W N ,q 1. ClFSl ~ IS.W ~ KATHERME Ste, , . 11 L . N W WE ST 0 p N W Z ~ p to D ; < v► o S.W WK1.; S:N W F sm- GI-ACIER It-ity CiR .-\SUMMERLAKE PARK 5% N elm (PD) W o ~ ~.s a 0 E 2 Z C) Z L j Z rr ~U Q a u F1 3 o ~ v 1 t a t ~ .1 J . J ; .J 1 Ol Ufd Na In CT EXHIBIT B 1i T q, CITY OF TIGARD, ORDGON COUNCIL AGENDA I'I.'EM SUMNMY AGENDA OF: May 14. 1990 r! DATE SLIBMTITED: 5/3/90 ISSUE/AGENDA TITLE: Retirement ! PREVIOUS ACTION: 7/8/85 Resolution PREPARID BY: Janice Deardorff DEPT HEAD OK CITY ADMIlJ OK i RBQUE= BY: POLL ISSUE City of Tigard is required to establish a Money Purchase Plan for non-sworn Tigard Police Officer Association members. INFORMATION SUMMARY Per the TPOA collective bargaining agreement for 1988-91, the City agreed to establish a 401A retirement account with the ICMA Retirement Corporation effective 7/1/89. Zhe City will contribute 12% of salary into the plan. Council resolution is necessary to establish a new plan for non-sworn TPOA members. 1. Approve as suhmitted. 2. Approve with amendments. FISCAL IlMPACr Ehiployer contributions become 12% of enployee gross salary. Decrease from 18.62%. SOGGESTED ACTION Approve establishment of new ICMA 401A plan. Resolution attached. 4 C DEPT HEAD OK XX CITY ADMIN OK REQUESTED BY: Ron Goodnaster To change our liquor license fees so that we are consistent with other similar cities. INFORMATION SUMMARY We currently charge less than other cities for renewals and new applications, and more for one-day special permit. We currently charge $25 for all applications. Others charge $35 for renewals, $100 for new applications, and have no fees for a one day special permit. Recommendation is to adopt a $35 fee for renewals, $100 fee for new applications and no fee for one-day special permits. ALTERNATIVES CONSIDERED 1. Leave fees as they currently are charged. 2. Accept recommended change. FISCAL IMPACT There will be a minimal increase of revenue received if the recommendations are accepted. SUGGESTED ACTION Approve recommended liquor license fee changes. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 14, 1990 DATE SUBMITTED: May 1, 1990 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Fees were MEMORANDUM TIGARD POLICE DEPARTMENT TO: Honorable Mayor Edwards and City Council FROM: Ronald D. Goodpaster Chief of Police DATE: April 30, 1990 SUBJECT: Liquor License Application Fees The purpose of this memorandum is to change the fee amount that we charge for liquor license applications. Currently, the City of Tigard charges $25 for processing liquor license applications for annual reviews, initial reviews, or temporary license reviews. This also includes a Special Event One Day Application which would also be charged the $25. Several comments have come to my attention regarding the fee schedule since we have just completed renewing the liquor licenses in the City of Tigard. The major concern was the fee of $25 for one day special events when no other jurisdictions in our immediate area charge for processing those types of applications. . In researching the charge for special events with the Beaverton Police Dept., Hillsboro Police Dept., and Washington County, we also found that our fees for processing application were also extremely lower than those other jurisdictions. I would recommend that we do not charge for one day special events and that we alter our liquor license application fees to charge $35 for Renewals, and $100 for new location license requests. We would then have two fees, either $35 for the vast majority of our liquor license applications or $100 for those new ones coming into the City. In conducting the research, we found that the $100 was primarily because the liquor licenses for new locations were processed through more than just the Police Department for approval. I would also like to recommend (and have contacted Mr. Murphy regarding this) that the license applications for new locations go from the cashier to the Planning Department. The Planning Department would check not only to insure that the business has a license to operate, but also the proposed use with the license applications is compatible with the zoning for the area. Once the application cleared the cashier and the Planning Department, it should come to the Police Department for our investigation and final recommendation regarding the request. C I have already discussed this new procedure and fee schedule with Wayne and Ed and both of them are in support of it. Attached are copies of City of Tigard Ordinance and Resolution originally establishing and setting the fees for the liquor license application processing. If you have any questions regarding this, please feel free to contact me at your convenience. Attachments ad\M426LIQU ( CITY OF TIGARD, OREGON ORDINANCE NO. 87- -7-'2 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 5.20 OF THE TIGARD MUNICIPAL CODE RELATING TO APPLICATION PROCESS FOR LIQUOR LICENSES AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council finds that the policy intent for Chapter 5.20 of the Tigard Municipal Code was clear at the September 15, 1986 Council Meeting; and WHEREAS, the Tigard City Council wishes to further define their intent in regards to the process of liquor license reviews in the City of Tigard. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Chapter 5.20 of the Tigard Municipal Code, relating to Liquor License Applications Process, is hereby amended by setting a new procedure for processing liquor license applications and setting forth an appeal process for decisions by adopting the amended as set forth in the attached Exhibit "A" and by reference made a part hereof. Underlined language (_)is to be added and bracketed language ( [ ] ) is to be deleted. L• Section 2: This ordinance shall become effective on or after the 31st day after its passage by the Council, approval by the Mayor and posting by the City Recorder. PASSED: By 1 JLhmy%; w., is vote of all Council members present after being read by number and title only, this :P, j Sr day of 1987. J 4Loreen R. Wi son, City Recorder APPROVED: This S-y` day of ~2cesy,~a.- 1987. WVT &1-4^., Thomas M. Brian, Mayor Approved as to for i Atto ney l Date C_ lw/2013D ORDINANCE NO. 87-7,9- EXHIBIT "A" TMC CHAPTER 5.20 LIQUOR LICENSE APPLICATION PROCESS Chapter 5.20 [APPLICATION FOR] LIQUOR LICENSE APPLICATION PROCESS Sections: 5.20.010 Review of applications 5.20.020 Temporary liquor license time limitation 5.20.030 Application fees 5.20.040 Appeal process "5.20.010 Review of applications. Review of all new liquor license applications and annual renewal applications shall be made by the Tigard [City Council] Chief of Police. Applications for all reviews shall be made thirty days prior to initial use or expiration date of licenses. "5.20.020 Temporary liquor license time limitation. Application for all temporary liquor licenses shall be made to the [City Administrator] Chief of Police. All temporary liquor licenses shall be in effect for not more than one twenty-four- hour period. "5.20.030 Application fees. All liquor license applications [for such annual reviews, initial reviews, or temporary reviews shall be charged twenty-five dollars for each application] shall be filed with the City Recorder and accompanied b the appropriate fee. Filing fees are set by resolution of the Tigard City Council. "5.20.040 Appeal process In the event the Chief of Police issues a recommendation of denial to tha Oraann 1 in-nr r-nn4-nnI writing of his intent to issue a recommendation of denial within 3 working days of receipt of the application The notification shall include the roasnn(c) fn" ttio 4-,. recommend denial and a date and time within the next 5 working davs to hear tho anal inani-l c ; a rl-_ umAiLi nave the rignt to be heard and to -present witnesses and - evidence purporting to refute the reasons given by the Chief of Police for a recommendation of denial The hearing shall be administrative in nature and held before the Chief of Police. Rules of evidence shall not annly ur...., ...,.....7 ..a -4: 4-t-- mail the final recommendation to the OLCC and the applicant within 3 working days of the hearing date." lw/2013D CITY OF TIGARD, OREGON C RES )LUTION NO. 87-/ 6 A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING FEES FOR LIQUOR LICENSE APPLICATION PROCESSING. WHEREAS, the fee for liquor license application processing has been set by ordinance in the past; and WHEREAS, it is the Council's desire to streamline the City's codification of codes by removing speciFic fee reference and by setting those fees by resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The fee which shall be filed for processing of Liquor License applications for annual reviews, initial reviews or temporary license reviews shall be $25.00 for each application. PASSED: This Q 1 day of ecew~lo r 1987. } ATTEST: ~ 6C~itpy~Recorder - City of Tigard lw/2013D - -7t,14 Mayor - City of Tigard RESOLUTION NO. 87-Zk_-)- C LIQUOR LICENSE APPLICATION FEES Tigard All Liquor License Applications $25.00 Beaverton Renewal $35.00 New Location 100.00 New Outlet 100.00 Change of Privelege 75.00 Special Events 0.00 Hillsboro Renewal 35.00 Temporary 35.00 Package Store 25.00 Change of Class 75.00 Change of Ownership 75.00 Change of Location 75.00 New Application 100.00 Special Events 0.00 Washington County Renewal 25.00 Special Events 0.00 It should be noted that area agencies perform a more thorough internal process before endorsing the applications. C CITY OF TIGARD, OREGON } COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/8/90 DATE SUBMITTED: 5/4/90 ISSUE/AGENDA TITLE: Street vacation PREVIOUS ACTION: Council initiated re guest for portions of SW Locus vacation on 3/12/90 Street 1/0 PREPARED BY: Keith Liden DEPT HEAD OK CITY ADMIN O % REQUESTED BY: r -FN- P11 T Should the City vacate an unimproved public street right-of-way if said vacation enhances a property's development potential, and the right-of-way is not needed now or in the forseeable future for public utilities? INFORMATION SUMMARY In conjunction with the SW Locust Street improvement project, the City entered into an agreement with Weston Investment Company to trade a portion of the existing SW Locust Street right-of-way for the dedication of a different area of land to be part of the street right-of-way. This land trade was agreed to in order to accommodate a new alignment for the street. The City is obligated by the agreement to initiate the vacation of the street right-of-way in order to receive the new right-of-way which will correspond with the new street location. The Council initiated vacation proceedings on March 12, 1990 and called for a public hearing on April 23, 1990 to determine whether the right-of-way should be vacated. On April 23rd, the Council decided to postpone the vacation action until questions raised by Charles Brawand could be addressed. The requested information is attached along with an ordinance approving the vacation. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance approving the vacation proposal. 2. Deny the proposal and direct staff to prepare a corresponding resolution. FISCAL IMPACT All fees and staff costs will be paid by the City. SUGGESTED ACTION Approve the attached ordinance LOCUST.VAC/kl May 4, 1990 rT11FARD Mr. Charles Brawand P.O. Box 1052 McMinnville, OR 97128 Dear Mr. Brawand: At the Council hearing on April 23, you raised a question about the sketch map showing the proposed vacation of Locust Street right of way. The sketch map was incorrect. Enclosed is a copy of a correct map. The sketch map which we saw on April 23 was prepared early in the design process for Locust Street. During final design, it was determined that no additional right of way was needed from Tax Lot 400. The item before the Council involves only Tax Lots 700 and 3100 owned by Weston Investment Company. Weston proposes to dedicate some property to the City for right of way without charge if the City will vacate some surplus existing right of way. The Locust Street right of way adjoining your property (Tax Lots 400 and 600) would not change. Sincerely, Randall R. Wooley City Engineer C. City Council rw/brawand l 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503)639-4171 z m i A N 0m i 2 A M u -hom A m x N 0 m it w ~ rr o z m 0 cm z i N WN cc~ G N i Z i o I 7D 5~-- z -1 11 = i 0 0 90TH JEFFERSON SW AVE. o ? w SW 90TH AVE.' HALL BLVD_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Mav 14,1990 DATE SUBMITTED: 5-2-90 ISSUE/AGENDA TITLE: Revised TMC Title PREVIOUS ACTION: None DEPT READ OR PREPARED BY: Brad Roast REQUESTED BY: POLICY ISSUE Should the City amend the Building Code Ordinance to be consistent with new State rules? INFORMATION SUMMARY The State of Oregon has recently adopted the "1990 1&2 Family Dwelling Specialty Code" as part of the "State Building Code". ORS 455.040 mandates that no municipality shall enact or enforce any ordinance, rule or regulation relating to the State Building Code, that provides for different requirements. The present Title 14 of the TMC adopted codes that are now outdated. The attached revised Title 14 of the TMC adopts the current State Building Code. aaaaaaaaaaaaaaaaaaaaaaaaaa=aac===acv====caaavaaacaca=aaasaaasaas===ac=sa=aa=== ALTERNATIVES CONSIDERED 1. Approve the attached ordinance adopting the current State Building Code. 2. Deny the attached ordinance. FISCAL IMPACT None. No change in the fee structure would occur as a result of this action. SUGGESTED ACTION Approve the attached ordinance adopting the current State Building Code. br/SSCode.bcr X_~