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City Council Packet - 12/17/1990 4 s Revised: 12/13/90 Ali CITY OF TIGARD OREGON TIGARD QITY COUNCIL AGENDA SUtIkfSSEEfING [7~IQht9B£R 17; 1990 6:30 PM PUBLIC NOTICE: Anyone wishing to speak on an agenda Item TlaAI0Ci1lIC CENTER should sign on the appropriate sign-up sheet(s). If no sheet Is 131:2,.5! HALL BLUE) available, ask to be recognized by the Mayor at the beginning T1GAR®, OREGON 97223 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.) 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. 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: 3.1 Approve City Council Minutes: November 5, 13, and 26, 1990 3.2 Receive and File: Revised Council Calendar 3.3 Authorize Quitclaim Deeds (Portion of Tigard Market Place, 13500 S.W. Pacific Highway) for Existing Sewer Easements - Resolution No. 90-2,~& 4. CONSIDERATION OF CANTERBURY LANE PARKING ORDINANCE NO.u? • City Engineer 5. PUBLIC HEARING - CHANGE STREET NAME OF ATLANTA STREET TO HAINES STREET • Open Public Hearing • Summation by City Engineer • NPO and/or CPO Testimony • Public Testimony - Proponents - Opponents • Recommendation by City Engineer • Council Questions or Comments • Public Hearing Closed • Consideration by Council - Ordinance No. 90- 6. PUBLIC HEARING - SUBDIVISION SUB 90-0010 CASTILE/MCMONAGLE (NPO 6) An appeal of a Hearings Officer decision for a Subdivision to divide a site which is approximately 1.45 acres in size into six parcels ranging from 7,500 to 10,800 square feet in size. ZONE: R- 4.5 (Residential, 4.5 unit/acre) LOCATION: 14380 SW 97th Avenue (WCTM 2S1 11 BA, tax lot 1301) • Continuation of Public Hearing from November 5, 1990 • Summation by Community Development Staff • NPO and/or CPO Testimony • Public Testimony - Proponents - Opponents • Recommendation by Community Development Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council 7. CONTINUATION OF PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 90-0004 LANDSCAPING AND SCREENING • Community Development Staff: Recommendation to continue the Public Hearing, by Council Motion, to a date certain. 8. NON-AGENDA ITEMS 8.1 Second Reading of Ordinance No. 90-41: Zoning Ordinance Amendment ZOA 90-0002 (Proposed amendments to the Community Development Code pertaining to procedures, lot line adjustments/partitions, and care facilities. 9. 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. 10. ADJOURNMENT t 1'. CITY COUNCIL AGENDA - DECEMBER 17, 1990 - PAGE 2 i. r" E COUNCIL AGENDA ITEM NO. T I G A R D C I T Y C O U N C I L MEETING MINUTES - DECEMBER 17, 1990 6:30 p.m. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Ron Bunch, Senior Planner; Ken Elliott, Ron Goodpaster, Chief of Police; Legal Counsel; Ed Murphy, Community Development Director; Catherine Wheatley, City Recorder; and Randy Wooley, City Administrator. 2. STUDY SESSION Residential Parkins Zone Chief Goodpaster summarized this issue. The neighbors around Tigard High School have approached the Police Department and requested action to resolve numerous problems they are having which they feel are directly related to student parking in their neighborhoods. The complaints are: loitering, vandalism, littering, speeding cars, drug dealing, trespassing, and profane language. Also residents are complaining about the inability to park in front of their own homes. All the problems appear to stem from the numerous student vehicles parked off campus in the neighborhoods and used as gathering points. After discussion, Council consensus was to discuss the problems with the Tigard-Tualatin School District. A tentative joint meeting with the School Board and City Council has been scheduled for January 29, 1991. Sale of Non-Alcoholic Beer Council, in their most recent newsletter update from the City Administrator, received some information from Chief Goodpaster concerning a state-wide proposal that would support the ban of the sale of non-alcoholic beer to minors. Council discussed the matter noting they would prefer to wait until a more definitive proposal was developed at the upcoming legislative session. Their concern was that such a ban should CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1990 - PAGE 1 not become a local issue. Chief Goodpaster indicated the situation was not a major concern of the Police Department at this time. Triangle Study City Administrator and Community Development Director requested Council revisit their position on timing of F proceeding with a Triangle Master Plan Study. Community Development Director reviewed the pros and cons of pursuing the study. (See meeting packet for material distributed to Council for their review.) Council discussed their position on the matter; their consensus was to direct staff to arrange a tour of the area for several prominent developers in the region along with one or two Council members. After the tour, the developers would be asked their opinion of the marketing/development possibilities. 3. NON AGENDA i Season's Greetings • Y Mayor wished the community a Merry Christmas and Happy New Year! 4. VISITOR'S AGENDA Sue Carver, NPO 6 Chair, requested a fee waiver for a Comprehensive Plan Amendment (CPA) proposal. The CPA would be focused on transportation issues around 109th and Naeve. Motion by Councilor Johnson, seconded by Councilor Kasten, to r approve the fee waiver request. It was noted that the CPA F process should not begin until after the appeal period for the Council decision concerning the Triad Development was over. The motion was approved by a unanimous vote of Council present. E r 5. CONSENT AGENDA i Motion by Councilor Johnson, seconded by Councilor Kasten to approve Consent Agenda items .1 and .2. .1 Approve City Council Minutes: November 5, 13, and 26, 1990 .2 Receive and File: Revised Council Calendar CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1990 - PAGE 2 } y The following Consent Agenda item was considered separately. Mr. Doug Zimmel of Portland Fixture was present and noted his interest in approval of the proposed Quitclaim Deed. .3 Authorize Quitclaim Deeds (Portion of Tigard Market Place, 13500 S.W. Pacific Highway) for Existing Sewer Easements - Resolution No. 90-76 Councilor Eadon questioned whether Council would want to quitclaim its interest in an existing sewer easement located in a portion of the Tigard Market Place property. She noted concerns over whether the landscape buffering issue had been resolved. Property was to have been deeded over to several adjacent residents as a buffer strip from the commercial development. RESOLUTION 90-76 A RESOLUTION OF THE CITY OF TIGARD, OREGON, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING PART OF A CERTAIN EASEMENT FOR SANITARY SEWER LOCATED ON PROPERTY LOCATED AT 13500 SW PACIFIC HIGHWAY. After discussion, there was a motion by Councilor Johnson, seconded by Councilor Kasten, to approve an amended Resolution No. 90-76 which authorized the recording of the Quitclaim Deed once it was determined that the buffering issue for the residential properties had been resolved. The motion was approved by a unanimous vote of Council present. 6. CONSIDERATION OF CANTERBURY LANE PARKING ORDINANCE a. City Engineer summarized the staff report which is on file with the Council meeting material. Persons owning property near the subject area were contacted; no objections to the ordinance were received. b. ORDINANCE NO. 90-42 - AN ORDINANCE AMENDING T.M.C. 10.28.130 AND PROHIBITING PARKING ALONG PORTIONS OF CANTERBURY LANE. C. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 90-42. The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - CHANGE STREET NAME OF ATLANTA STREET TO HAINES STREET a. Public hearing was opened. b. There were no declarations or challenges. CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1990 - PAGE 3 C. City Engineer summarized this agenda item. The renaming will eliminate the confusion between the legal name (Atlanta Street) and the commonly used name (Haines Street). Further, the renaming will bring the formal street name into agreement with the street name used in Multnomah County to the east and with the street name used on the State Highway signing on I-5. d. Public Testimony: None e. During council discussion, Mayor noted the ongoing effort of the City of Tigard to retain a strong economic and community identity in the metropolitan area. Council consensus was to delay action on the street name change until businesses and residents are contacted about the City's concerns over using Tigard in their official address. 8. PUBLIC HEARING - SUBDIVISION SUB 90-0010 CASTILE/MCMONAGLE (NPO 6) An appeal of a Hearings Officer decision for a subdivision to divide a site which is approximately 1.45 acres in size into six parcels ranging from 7,500 to 10,800 square feet in size. ZONE: R-4.5 (Residential, 4.5 unit/acre) LOCATION: 14380 SW 97th Avenue (WCTM 2S1 11BA, tax lot 1301) a. Motion by Councilor Eadon, seconded by Councilor Kasten to continue the public hearing to January 22, 1991, at the request of Mr. and Mrs. Castile. 9. CONTINUATION OF PUBLIC HEARING - ZONE ORDINANCE A14ENDMENT ZOA 90-0004 LANDSCAPING AND SCREENING a. Motion by Councilor Eadon, seconded by Councilor Kasten, to continue the public hearing to February 19, 1991. 10. NON-AGENDA ITEMS • Zone Ordinance Amendment 90-0002 - Second Reading of Ordinance No. 90-41: Zoning Ordinance Amendment ZOA 90- 0002 (Proposed amendments to the Community Development Code pertaining to procedures, lot line adjustments/partitions, and care facilities.) ORDINANCE NO. 90-41 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE AMENDMENT (ZOA 90-0003) INITIATED BY THE CITY OF TIGARD Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt Ordinance No. 90-41. The motion was approved by a majority (4-1) vote; Councilor Johnson voted "Nay." CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1990 - PAGE 4 • Metro's Regional Urban Growth Goals & Objectives (RUGGO) - This document is being developed by Metro to identify areas of regional concern and define a vision for the whole region. Consensus of Council was to forward a letter from the Mayor to Metro identifying areas of regional concern with the draft as it currently exists. The Council also discussed other Metro issues including: - local government involvement in establishing the Metro Charter - maintaining urban development within the Urban Growth Boundary 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNMENT: 8:35 p.m. I Catherine Wheatley, City Recorder AT ST.:' ' Gerald R. E rds, Mayor Date: cw/con1217 CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1990 - PAGE 5 pp~~~~ ~~.1S~JHG COMPA~Y No is TT 7777 p pHONE (503) 684.0360 Trbt/0~~+ .0. BOX 370 BEAVERTON. OREGON 97075 n,+ur t^ +uAR1NG City Council on° Legal Notice Adverdising will, , be considered by the Tigard Town Hali 0 1 t99Q at 130 P M., at Tcgacd Ctvic Center; , o ❑ -Tearsheet Notice The-46117S C)regon. Fuitt►er rs►formau y ►ty; ' - s W. Hall Boulevard,, Tigard, met+t Diret;Wr of City;- of Tigard Q the Community. Develop to : City @ Duplicate Affidavit ~oom~i,obtained a l frolocation or by caihng.G39,4171:`.You are invited- at P.O. Box 23397 ubhc hea6ir, :written 814- will~ ,a and r OR 97Recorder ri the"Barn on in. advance of the: The public hearing ,),),A s submit written will be considered at the heari. g• of the: . ,:;With the applicable Chapter. 18.32, oral tesumony accordance of procedure adopted by the COUP`cll; be artl id Municipal CCoode and any rotes and available at City T1. DM-ENT- zoA- . ZnN6 RDINAN'ISM. ~Nt]~. {ufferin8 PUBLICATION L NUS - unending Section 1810080.(R AFFIDAVIT OF Council shatt considex18.100 : of the Tigard ide.Community.- The city of chapter v: We- and ..Screening), The amendments are intended to pro of STATE OF OREGON, )ss. Developtnet►tCo: WASHINGTON.) defines and,standards rn order to reducethe unpacis COUNTY OF It, Advertising More spec being first s adjacent land, uses which ace of different types- pevel ment Director:;: Judith Koehler afar I, de ose and say on the part of the Community, addressed Ott:; duly sworn, p of the 193.010 Additional flexibility am..-adeq y {incipal clerk, defined in ORS in the andscmening standards- Director, or his p ulationt t ensure buffering e unique circumstances'', and uses and 1113 cases those where these ar and tesrdanlial a newspaper of 9enerat circ i and 193.020; publ""+shed attWeen certain industrial and state' that the Additional buffering. esaid countyn _ in the king lots aril residential: uses- _ - ^ L H r was published ' betweenpar- . ~ _ Publish December CAM ot which is hereto aye d' successive and a printed copy a er forte--~-_ entire issue of said newspaper Pissues: consecutive in the following Decemb er 6 1990 r 6th of Dec. 1990 Subscribed and sw rn to before me Notary Public for Oregon telly Commission Expires: AFFi®AViT Now== TIMES PUBLISHING COMPANY Legal -TT 7781 P.O. BOX 370 PHONE (503) 684.0360 Notice t. BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice FO Box 23397 1 • Tigard, Or 97223 • 13 Duplicate Affidavits M°' n0K AFFIDAVIT OF PUBLICATION k lm STATE OF OREGON, )`u* COUNTY OF WASHINGTON, )0" Judith Koehler M101 h" being first duly sworn, depose and say 11a4 I ar~he Advertising tI rH ; r Director, or his principal cleric, of thegarU lanes r^F+ ~v-; a newspaper of general circ ion 8s defined in ORS 193.010 w Y and 193.020; published at ~lar in the v~^ a,ao*;;~" aforesaid county and state; that they Dih lie Hearin gRenamiig of Atlanta St to Haines St. a printed copy of which is hereto annexed, was published in they entire issue of said newspaper for One successive and M15 consecutive in the following issues:`; December 13, 1990 ~s sY { r.-w X7+5 . e Subscribed and swor to before me this 13th of December 1990 Notary Public for Oregon k- My Commissi xpires: AFFIDAVIT TIMES PUBLISHING COMPANY LegalTT 7782 P.O. BOX 370 PHONE (503) 684-0360 Not,.. BEAVERTON, OREGON 97075 Legal Notice Advertising r City of Tigard ° ❑ Tearsheet Notice ° PO Box 23397 Tigard, Or 97223 ' ❑ Duplic~~~zti Q LZ G CC r v rxt t ~QQ AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) TIrQ~r xA J' 1 COUNTY OF WASHINGTON, )ss. $ ,;!f a+~ Judith Koehler 3': V being first duly sworn, depose and say that I am the Advertising" p~ f oo; o ( Director, or his principal clerk, of the Tigard Tim G ~ ~ 4 C7 ~ • l a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the res id coy ty nd.state; t he ~ounci~ )itsi.ness eeti.ng a printed copy of which is hereto annexed, was published in the n o` entire issue of said newspaper for One successive and consecutive in the following issues: December 13, 1990.t~R,;~ , CC Subscribed.and sworn It before. me this 13th day of December 1990 157 Notary Public for Oregon My Commission Ires:' AFFIDAVIT PLACE UNDER CITY OF TIGARD LOGO: The following meeting information is published for your information. Further information may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. CITY COUNCIL BUSINESS MEETING DECEMBER 17, 1990 - 6:30 P.M. TIGARD CIVIC CENTER, TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON • Workshop Meeting with Library Board (6:30 p.m.) • Public Hearings: - Continuation of Public Hearing - Castile/McMonagle; Subdivisin SUB 90-0010 (NPO 6) C Consideration to change name of Atlanta Street to Haines Street • Discussion: Metro Regional Growth Goals and Objectives (RUGGO) • Local Contract Review Board • 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. TT: Publish 12/13/90 TT1210 i i f 4 AGENDA ITEM NO. 2 - VISITOR"S AGENDA DATE: 12/17/90 (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 & ADDRESS TOPIC STAFF CONTACTED PLEASE PRINT r i i C t Please sign in to testify on the following: AGENDA ITEM NO. 5 DATE : 12/17/90 t s a PUBLIC EEARING - CHANGE STREET NAME OF A7LANTA STREET ~ TO HAINES STREET k i l E PLEASE PRINT NAME & ADDRESS NAME & ADDRESS proponent Opponent i i i l i r WAW Please sign in to testify on the following:, AGENDA ITEM NO. 6 DATE : 12/17/90 F:. PUBLIC HEARING - SUBDIVISION SUB 90-WlO (NPO 6) - CONTINUATION OF PUBLIC HEARING FROM NOVEMBER 5. 1990 C 7.. } PLEASE PRINT r: s f NAME & ADDRESS NAME & ADDRESS Proponents (For Appeal) Opponents (Against Appeal) s i. r i6 x c { F F QTY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed `L, o l i C aCiL tl U n Ct w G e /V ys • STATE OF OREGON ) County of Washington ) ss City of Tigard ) L- - I, i begin first duly sworn, on oath, depose say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) q10- 4-1 I - Z which were adopted at the Council Meeting dated )D i O copy(s) of said ordinance(s) being hereto ttached and by reference made a part hereof, on the- date of 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 Subscribed and sworn to before me this date of ~P , 191 Not#y Public for Oregon. 's My Commission Expires: `0 7v e. ke/CWPOSr CITY OF TIGARDI OREGON ORDINANCE NO. 90---LU- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE. ORDINANCE AMEND14ENT (ZOA:90-0003) INITIATED BY THE CITY OF TIGARD. WHEREAS, the City of Tigard initiated the review of Title 18 of the Tigard Municipal Code regarding procedural requirements, care facilities, partitions, lot line adjustments and a variety of Code corrections; and WHEREAS, the City solicited comments from the Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on August 27, 1990 and November 5, 1990 to review the Planning Commission recommendations as well as public testimony. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 18 of the Tigard Municipal Code is amended as shown in Exhibits "A", "B", and "C" with the deleted language in [brackets] and the new language underlined. SECTION 2: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: By U US vote of all Council members present after being read by number and title only, this ,/7 dAday of November, 1990. z)ece '►bv/ "W Cather' heat ~y, City Reco er APPROVED: This _C__-~ d o , 199 ald R. Edwar , Mayor A roved as to form: I d AAd Dat ZOA 90-03.ORD/kl ORDINANCE NO. ^7 / PASS 1 Exhibit A Chapter 18.32 PROCEDURES FOR DECISION MAKING: OUASI-JUDICIAL S6ctions• 18.32.010 Purpose 1 18.32.020 The Application Process 18.32.030 Time Period for Decision Making 18.32.040 Preapplication Conference Required 18.32.050 Application Submittal Requirements: Refusal of an Application. 18.32.060 Duties of the Director 18.32.070 Alternative Recommendation by Director t: 18.32.080 Additional Information Required, Waiver of Requirements and Report Required 18.32.090 Approval Authority Responsibilities 18.32.100 Consolidation of Proceedings K 18.32.110 A Decision by the Director: No Hearing Required 4 18.32.120 Notice of Decision by the Director 4 18.32.130 Notice of Hearings Officer, Commission and City Council Proceedings 18.32.140 Contents of the Notice for Public Hearings 18.32.150 Failure to Receive Notice: Computations N 18.32.160 Hearings Procedure 18.32.170 Ex Parte Communications with Approval Authority 18.32.180 Continuation of the Hearing 18.32.190 Subpoena or Deposition of Witnesses 18.32.200 Evidence 18.32.210 Judicial Notice i 18.32.220 Participation in the Decision: Voting 18.32.230 Record of Proceeding for Public Hearings [18.32.240 Effective Date of the Decision] e 18.32.250 The Decision Process of the Approval Authority } 18.32.260 The Form of the Final Decision 18.32.270 Notice of Final Decision 18.32.275 Amended Decision Process 18.32.280 Denial of the Application: Resubmittal 18.32.290 Standing to Appeal or for a Petition for Review 18.32.300 Computation of Appeal Period and Effective Date of the Decision Petition for Review Time Period] 18.32.310 [Decisions which may be Appealed or Reviewed] Determination of Appropriate Reviewing Body 18.32.320 Type of Appeal or Review Hearing: Limitations of Review 18.32.330 Transcripts 18.32.340 Notice of Appeal or Petition for Review 18.32.345 Fee Waiver [Allowed for Neighborhood Planning Organizations] for Appeals 18.32.350 Persons Entitled to Notice on Appeal or Review: Type of Notice 18.32.360 Contents of Notice on Appeal or Review 18.32.370 Action on Appeal or Review: Time Limit and Authority to Change the Decision 18.32.380 Final Action of the Approval Authority: Effective Date 18.32.390 Revocation of Approvals i DRAFT REVISIONS - CC - 11/19/90 PAGE 1 18.32.010 Purpose A. The purpose of this chapter is to establish procedures under this title: for the consideration of development applications, for the consideration *of quasi-judicial'comprehensive plan amendments .and for appeal or review ' of decisions. (Ord. 89-06;.Ord. 83=52) 18.32.020 The Application Process A. Applications for approval required under this chapter may be initiated by: 1. Order of Council; 2. Resolution of a majority of the Commission; 3. The Director; or 4. A neighborhood planning organization or City of Tigard advisory board or commission; or [5) A. Application of a recorded owner of property or contract purchasers. B. Any persons authorized by this title to submit an application for approval may be represented by an agent authorized in writing to make the application. (Ord. 89-06; Ord. 83-52) 18.32.030 Time Period for Decision Making A. The City shall take final action on an application for a permit or a zone change, including the resolution of all appeals within 120 days after the application is deemed complete, except: 1. The 120-day period may be extended for a reasonable period of time at the request of the applicant; 2. The 120-day period applies only to a decision wholly within the authority and control of the City; and 3. The 120-day period does not apply to an amendment to an acknowledged comprehensive plan or land use regulation. (Ord. 89- 06; Ord. 83-52) 18.32.040 Preapplication Conference Required A. The applicant shall be required to meet with the Director for a preapplication conference. B. At such conference, the Director shall: 1. Cite the applicable comprehensive plan policies and map designation; DRAFT REVISIONS - CC - 11/19/90 PAGE 2 2. Cite the applicable substantive and procedural ordinance provisions; 3. Provide technical data and assistance which will aid the applicant; 4., Identify -other policies and regulations ..that relate to the application; and 5. Identify other opportunities or constraints that relate to the application. C. Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months. 1. Another preapplication conference is required if an application is submitted six months after the preapplication conference. D. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the applications. (Ord. 89-06; Ord. 83-52) 18.32.050 Application Submittal Requirements: Refusal of an Application A. The application shall be made on forms provided by the Director as provided by Subsection 18.32.060.A.1. B. The application shall: 1. Include the information requested on the application form; 2. Address appropriate criteria in sufficient detail for review and action; 3. Be accompanied by the required fee; and 4. Include a list of names and addresses of all persons who are surrounding property owners of record (within 250 feet of the site) as required by the specific application section of this title. The records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. C. The Director shall not accept: 1. An incomplete application, except as otherwise provided by Section 18.32.080; or 2. Applications not accompanied by the required fee. D. An application shall be deemed incomplete unless it addresses each element required to be considered under applicable provisions of this code and the application form. DRAFT REVISIONS - CC - 11/19/90 PAGE 3 E. If an application for a permit or zone change is incomplete, the Director shall: 1•. Notify the applicant within 30 days of receipt of the application of exactly what information is missing,-.and 2. Allow the applicant to submit the missing information. F. The application for a permit or a zone change shall be deemed complete when the missing information is provided and at that time the 120-day time period shall begin to run for the purposes of satisfying state law. G. If the applicant refuses to submit the missing information required for a permit or a zone change application, the application shall be deemed complete on the 31st day after the Director first received the application. This in no way negates the applicant's burden of proof, but it is for the purpose of allowing an application to be submitted for hearing. (Ord. 89-06; Ord. 83-52) 18.32.055 Applicant's Evidence A. All documents or evidence relied upon by the applicant, but submitted after the application has been determined to be complete shall be . submitted to the Planning' Division staff at least 7 days prior' to the time notice is mailed as provided in Subsection 18.32.130.A(1). B. When documents or evidence submitted pursuant to Subsection A above significantly alter an application previously_ deemed complete the Director may recalculate the date the application is deemed complete. The recalculated completion date may then be used to determine: 1. The 120 day time period for decision making as set forth in Section 18.32.030; and 2. A new decision or hearing date. C. If additional documents or evidence is provided in support of the c application after the time set forth in Subsection A, above any party is entitled to request a continuance of the hearing. Such continuance does not count as part of the 120 day provision in ORS 227.178.. 18.32.060 Duties of the Director A. The Director shall: 1. Prepare application forms made pursuant to the standards contained in the applicable state law, comprehensive plan, and implementing ordinance provisions; 2. Accept all development applications which comply with the provisions of Section 18.32.050; DRAFT REVISIONS - CC - 11/19/90 PAGE 4 3. Within 60 days after an application is deemed complete pursuant to ~v this chapter, except as provided by Section 18.32.110 (A Decision by the Director: No Hearing Required); a.• Give 'notice as provided:by Sections 18.32.13.0 and •18.32.140 except as provided by Section 18.32.120; b. Prepare a staff report or notice of decision which shall include: (i) The facts deemed relevant to the proposal and found by the Director to be true; (ii) Until the City's comprehensive plan is acknowledged, those statewide planning goals deemed to be applicable and the reasons why any other goal is not applicable to the proposal. The Director or approval authority need not deal with statewide planning goals 15-19, which are not applicable in Tigard; (iii) Those portions of the Tigard comprehensive plan and implementing ordinances which the Director deems to be applicable to the proposal. If any portion of the plan or ordinances appear to be reasonably related to the proposal and are deemed not applicable by the Director, the Director shall explain why such portion or portions are not applicable; (iv) An analysis relating the facts deemed true by the Director to the applicable criteria and a consideration of alternatives open to the approval authority, resulting in a recommendation of denial, approval, or approval with conditions under section 18.32.250; and (v) A statement regarding a waiver of information or additional information required by the Director as provided by Section 18.32.080; [c. Make the staff report and all case-file materials available:] [(i) At the time that notice of the decision of the Director is given; and] [(ii) at least five days prior to a scheduled hearing date;] c. In the case of an application subject to a Director's decision, make the staff report and all case-file materials available at the time the notice of the decision is given; d. In the case of an application subject to a hearing, make the staff report available 7 days prior to a scheduled hearing DRAFT REVISIONS - CC - 11/19/90 PAGE 5 date and the case-file materials available when notice is mailed, as provided by Section 18.32.130(AI(l) [d] e. -Act on the development application pursuant to Subsection 18.32:090.A•and Section 18.32.110 or cause •a hearing to be. held pursuant to Subsections 18.32:090.B through' D and Sections 18.32.160 through 18.32.230 and Section •18.32.240, unless the applicant has requested or consented to a delay; 4. Administer the hearings process pursuant to Sections 18.32.130 through 18.32.190 and section 18.32.200; 5. Maintain a register of all applications which have been filed for a decision. The register shall identify at what stage the application is in the process; 6. File notice of the final decision in the records of the Planning Division and mail a copy of the notice of the final decision to the applicant and all parties and to those persons requesting copies of such notices who pay the necessary fees therefor as provided by Suctions 18.32.120 or 18.32.130; 7. Maintain and preserve the file for each application. The file shall include,. as applicable, a list of persons required to be given notice and a copy of the notice given pursuant to Section 18.32.120 or 18.32.130 and the accompanying affidavits, the application and all supporting information, the staff report, the final decision, including the findings, conclusions and conditions, if any, all correspondence, the minutes of any meeting at which the application was considered and any other exhibit, information or documentation which was considered by the hearing body with respect to the application; and 8. Administer the appeals and review process pursuant to Sections 18.32.290 through 18.32.370. (Ord. 89-06; Ord. $4-69; Ord. 83-52) 18.32.070 Alternative Recommendation by Director A. The Director shall make a recommendation to the initial hearings body on the application; however, in addition, the Director may recommend an alternative or alternatives. B. Such alternatives shall be considered only if: 1. Notice of such alternative(s) has been given as part of the hearing notice in addition to the matters contained in Section 18.32.140; and 2. The staff report prepared as provided by Subsection 18.32.060.A.3.b supports such an alternative(s). (Ord. 89-06; Ord. 83-52) DRAFT REVISIONS - CC - 11/19/90 PAGE 6 18.32.080 Additional Information Required, Waiver of Requirements and Report Required A. The Director may require information in addition to that required by 'a specific provision of this title' provided: 1. The information is needed to properly evaluate the proposed- development proposal; and 2. The need can be justified on the basis of a special or unforeseen circumstance. B. The Director may waive the submission of information for a specific requirement subject to the provisions of subsection (C) of this section, provided: 1. The Director finds that specific information is not necessary to properly evaluate the application; or 2. The Director finds that a specific approval standard is not applicable to the application. C. Where a requirement is found by the Director to be inapplicable the Director shall: 1. [Prepare a memorandum to] Indicate for the record and to the applicant [citing the grant of authority,] the specific requirements waived [and the reasons]; 2. Advise the applicant in writing that the waiver may be challenged on appeal or at the hearing on the matter and may be denied by the approval authority; and 3. Cite in the staff report on the application the specific requirements waived, the reasons for the waiver and the specific grant of authority. (Ord. 89-06; Ord. 83-52) 18.32.090 Approval Authority Responsibilities A. The Director shall have the authority to approve, deny, or approve with conditions the following applications: 1. Minor partition pursuant to Chapter 18.162; 2. Major partition pursuant to Chapter 18.162; 3. Site development pursuant to Chapter 18.120; 4. Temporary use pursuant to Chapter 18.140; 5. Home occupation pursuant to Chapter 18.142; 6. Minor modification to approved planned developments; DRAFT REVISIONS - CC - 11/19/90 PAGE 7 7. Variance pursuant to Chapter 18.134, with the exception of Sian Code Variances pursuant to Chapter 18.114; 8. Accessory uses and structures pursuant to Chapter 18.144; 9. Flexible setback standards for developed lots pursuant to Chapter 18.146; 10. Zero lot line setback standards pursuant to Chapter 18.148; 11. A detailed planned development proposal, under Chapters 18.80 and 18.120; 12. Determination of parking requirements for unlisted uses pursuant to Subsection 18.106.020.C; [and] 13. Tree removal permits[.]; and 14. Director's Interpretations. B. The Director may refer an application for review to the Planning Commission or the Hearings officer, depending upon the type of application, as determined by Section 18.32.090. [B] C. The Hearings officer shall conduct a public hearing in the manner prescribed by this chapter and shall have the authority to approve, deny, or approve with conditions the following development applications: 1. Conditional use pursuant to Chapter 18.130; 2. Sensitive land permit within the floodplain pursuant to Subsections 18.84.015.8.1 and B.2; 3. Historic overlay district amendments pursuant to Chapter 18.82; and 4. Subdivisions pursuant to Chapter 18.160 when not part of a planned development [and/or no variance to Title 18 standards is requested.] 5. Sign Code exceptions and sign code variances pursuant to Chapter 18.114. 6. An appeal of a sensitive lands (steep slope, drainageways) decision made by the Director pursuant to Subsections 18.84.015.D and E. 7. An appeal of a sign permit decision or administrative exception made by the Director pursuant to Subsections 18.114.030.D and E or Section 18.114.148, respectively. [C] D. The Commission shall conduct a public hearing in the manner prescribed by this chapter and shall have the authority to approve, t DRAFT REVISIONS - CC - 11/19/90 PAGE 8 i i deny, or approve with conditions the following development AMD- applications: ! IL 1. Subdivisions pursuant to Chapter 18.160 when requested as part of a planned development [and/or in conjunction with a variance to 'the subdivision standards or a variance to-any-Title 18 requirement]; I 2. A quasi-judicial comprehensive plan map amendment except: a. The Commission's function shall be limited to a recommendation to the Council; b. The Commission may transmit their recommendation in any form and a final order need not be formally adopted; and c. The Council hearing shall be confined to the prior record and a final order shall be formally adopted; 3. A quasi-judicial zoning map amendment pursuant to Section 18.22.030 except where the zone change application is being heard concurrent with a quasi-judicial plan amendment. In such a situation this zone change shall be decided in the same manner as a quasi-judicial plan amendment; 4. A development application referred to the Commission by the Director with the exception of sensitive lands decisions and sign [ permits; 5. An appeal of a decision made by the Director under Subsection 18.32.310.A of this section; 6. A conceptual planned development proposal under Chapter 18.80; 7. Interpretations of the Tigard comprehensive plan or the adopted community development code, if requested by the Director or other interested persons; 8. Any other matter not specifically assigned to the Director, the Hearings officer, or City Council under this title; 9. The preliminary review of plan designations and formal imposition of zoning district designations made to lands annexed to the City; [10. Appeal of sign permits pursuant to Chapter 18.114;1 [11. Sign code exceptions pursuant to Chapter 18.114;] [12. Variances to subdivision standards;] and [13] 10. Recommendations to the City Council on annexations. r l DRAFT REVISIONS - CC - 11/19/90 PAGE 9 t s F s [D) E. The City Council shall conduct a public hearing in the manner prescribed by this chapter and shall have the authority to approve, deny, or approve with conditions the following development applications: l... The formal imposition of-plan designations made to•lands.annexed to the City; 2. Matters referred to the Council by the Commission or Hearings officer for review under Subsection 18.32.310.B.3; 3. Review of decisions of the initial hearings body, whether on the Council's own motion or otherwise, as provided by Subsections 18.32.310.8.1 and 2; 4. Quasi-judicial plan amendments; and 5. Resolutions to the boundary Commission for annexations and quasi- judicial zoning designations on property to be annexed. (Ord. 89- 06; Ord. 86-43; Ord. 85-32; Ord. 84-69; Ord. 84-09; Ord. 83-52) 18.32.100 Consolidation of Proceedings A. Except as provided in subsection D of this section, whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding. ` B. In such cases as stated in subsection A of this section, the hearings shall be held by the approval authority having original jurisdiction over one of the applications under Section 18.32.090, in the following order of preference: the Council, the Commission, the Hearings Officer, or the Director. C. Plan map amendments are not subject to the 120-day decision making period prescribed by state law and such amendments may involve complex issues; therefore, the Director shall not be required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings to be consolidated and signs a waiver of the 120-day time limit prescribed by state law for zone change and permit applications. D. Where there is a consolidation of proceedings: 1. The notice shall identify each action to be taken; 2. The decision on a plan map amendment shall precede the decision on the proposed zone change and other actions; and, 3. Separate actions shall be taken on each application. (Ord. 89-06; Ord. 83-52) DRAFT REVISIONS - CC - 11/19/90 PAGE 10 18.32.110 A Decision by the Director: No Hearing Required Mr, A. Pursuant to Subsection 18.32.090.A, the Director is authorized to make certain decisions, ' and no hearing shall be held unless an appeal is filed as provided by.Subsection B of this section, or unless: 1. An appeal is filed pursuant to Subsection 18.32.310.A; or 2. The Director has an interest in the outcome of the decision, due to some past or present involvement with the applicant, other interested persons or in the property or surrounding property. In such cases, the application shall be treated as if it were filed under Subsection 18.32.090.C. B. The decision shall be in the form set forth in Section 18.32.120. C. The decision shall be based on the approval criteria set forth in Section 18.32.250. D. Notice of the decision by the Director shall be given as provided by I Section 18.32.120 and notice shall be governed by the provisions of section 18.32.140, Contents of Notice, and Section 18.32.150, Failure to Receive Notice.' 4 k E. The record shall include: 1. A copy of the application and all supporting information, plans, exhibits, graphics, etc.; } 2. All correspondence relating to the application; r. 3. All information considered by the Director in making the decision; 4. The staff report of the Director prepared under Subsection 18.32.060.A.3.b; 5. A list of the conditions, if any are attached to the approval of the application; and 6. A copy of the notice advising of the Director's decision which was given pursuant to Section 18.32.090, and accompanying affidavits, and a list of all persons who were given mailed notice. F. Standing to appeal shall be as provided by Section 18.32.290. G. The appeal period shall be computed as provided by Section 18.32.300. H. The method for taking the appeal shall be as provided by Subsection 18.32.310.A and the notice of appeal submitted by an appellant shall be as provided by Section 18.32.340. 1. The hearing shall be confined to the prior record as provided by Subsection 18.32.320.A. DRAFT REVISIONS - CC - 11/19/90 PAGE 11 J. Notice of the final decision on appeal shall be as provided by. Section AMP, IL 18.32.270, Notice of Final Decision, and Section 18.32.260, The Form of the Final Decision. •X. No decision by-they Director may be modified.-from, that set out in the notice except upon being given new notice. L. The action on the appeal shall be as provided by Section 18.32.370, Action on Appeal or Review. M. A decision by the Commission on an appeal of a Director's decision is final. N. Resubmittal shall be as provided by Section 18.32.280, Denial of Application: Resubmittal. 0. The Provisions of Section 18.32.390, Revocation of Approvals apply to a decision by the Director. (Ord. 89-06; Ord. 83-52) 18.32.120 Notice of Decision by the Director A. Notice of the Director's decision on an application pursuant to Subsection 18.32.090.A shall be given by the Director in the following manner: 1. Within five days of signing the proposed decision, notice shall be sent by mail to: C a. The applicant and all owners or contract purchasers of record of the property which is the subject of the application; b. All surrounding property owners of record of property within 250 feet of the property for the following types of Director's decisions: (i) Minor Land Partitions; [(ii) Lot Line Adjustments;] [(iii)] (ii) Site Development Reviews; [(iv) Administrative Variances;] and [(v)] (iii) Sensitive Lands (steep slope, drainageway); C. All owners of record of property immediately abutting a site subject to the following types of director's decisions: (i) Temporary Uses; (ii) Home Occupations; [and] DRAFT REVISIONS - CC - 11/19/90 PAGE 12 Flexible Setback Variances; iv Lot Line Adiustments, and v) Administrative Variances. d. The applicant for a Director's Interpretation or a Director's Decision regarding an extension of approval; e. The affected neighborhood planning organization, if active; f. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice; and g. Any person who requests, in writing, and pays the required fee established by the Council. 2. Within [five] 10 days of signing the decision, the Director shall post a copy of each notice of decision at City Hall; and 3. [Within five days of signing the decision,] Nfnlotice shall be published in a local newspaper of general circulation for site design review, major land partitions, and minor land partitions a minimum of 10 days prior' to the date the decision becomes final. Newspaper notice is not required for other decisions by the Director. B. The Director shall cause an affidavit of mailings -posting and publication of notice where newspaper publication was required in Subsection A.1 of this section to be filed and made a part of the administrative record. C. Notice of a decision by the Director shall contain: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; 2. The address and legal description of the subject property, with the V exception of Director's Interpretations; 3. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; 4. The date the Director's decision will become final; 5. A statement that a person entitled to notice or adversely affected or aggrieved by the decision may appeal the decision: a. The statement shall explain briefly how an appeal can be taken, the deadlines and where information can be obtained; r and DRAFT REVISIONS - CC - 11/19/90 PAGE 13 b. The statement shall explain that if an appeal is not filed, the decision shall be final, except for notice published in the newspaper; 6. A map . showing .the location of . the. property (Directorls% Interpretations are exempt from this requirement); and 7. A statement that the hearing on an appeal will be confined to the prior record. (Ord. 89-06; Ord. 86-08; Ord. 84-61; Ord. 83-52) i 18 32 130 Notice of Hearings Officer Commission and City Council Proceedings A. Notice of an impending action pursuant to Subsections 18.32.090.B, C, and D shall be given by the Director in the following manner: 1. At least [10] 20 days prior to the scheduled hearing date, or if two or more hearings are scheduled 10 days prior to the first hearing, notice shall be sent by mail to: a. The applicant and all owners or contract purchasers of record of the property which is the subject of the application; s C' Y b. All property owners of record within 250 feet-of the property E• for the following types of applications: (i) Subdivisions; y (ii) Sign Code Exceptions, (iii) Administrative Sign Variances; (iv) Sensitive Lands Permits (100-year floodplain); (v) Conditional Use Permits; and (vi) Planned Developments; (vii) Comprehensive Plan Amendments; (viii) Zone Changes; (ix) Zone Ordinance Amendments; C. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice; d. The affe_ted neighborhood planning organization, if active; e. Any person who requests, in writing, and pays a fee established by the Council; and DRAFT REVISIONS - CC - 11/19/90 PAGE 14 i f. The appellant and all parties to an appeal. or petition for review; and 2. The Director shall cause an affidavit of mailing of notice to be filed and made a part of the' admin9.etrative record. B. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record. (Ord. 89- 06; Ord. 83-52) 18 32 140 Contents-of-the Notice for Public Hearings A. Notice given to persons entitled to mailed or published notice pursuant to Section 18.32.130 shall include the following information: 1. The number and title of the file containing the application and the address and phone number of the Director's office where additional information can be obtained; 2. A description of the subject property, reasonably calculated to give notice as to its actual location which shall include, but not be limited to, the metes and bounds description or the tax map designations of the [applicable] County assessor's office; 3. Except for notice published in the newspaper, a map showing the location of the property; 4. The nature of the application in sufficient detail to apprise persons entitled to notice of the application's proposal; and 5. The time, place and date of the public hearing, a statement that both public oral and written testimony is invited, and a statement that the hearing will be held under this chapter and any rules of procedure adopted by the Council and available at City Hall. (Ord. 89-06; Ord. 83-52) B. When the proceeding is an initial evidentiary hearing before the ~Ir Hearings Officer the Planning Commission or the City council the following information shall be included in the mailed notice, in addition to the information required pursuant to Subsection A above: 1. A list of applicable criteria from ordinance and plan; 2. A statement that failure to raise an issue in the hearing, in person or by letter, or failure to provide sufficient specific detail to give the decision maker or hearing body an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue; 3. A statement that all documents in the file are available for inspection at no cost or copies at a reasonable cost; DRAFT REVISIONS - CC - 11/19/90 PAGE 15 E 4. A_ statement. that a copy of the staff report will be available for inspection at no cost, or copies at reasonable cost at least 7 days prior to the hearing. 18.32450 Failure to Receive Nbtice: Computations ' A. The failure of a property owner to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice. B. Personal notice is deemed given when the notice is deposited with the United States Postal Service, and published notice is deemed given on the date it is published. C. The records of the Washington County assessor's office shall be the official records used for giving notice required by the ordinances codified in this title, and a person's name and address which is not on file at the time the notice mailing list is initially prepared is not a person entitled to notice under Sections 18.32.120 and 18.32.130. D. In computing the length of time that notice is given, the first date notice is given shall be excluded and the day of the hearing or the date on which the appeal period or review period expires shall be included unless the last day falls on any legal holiday or on Saturday,. in which case, the last day shall be the next business day. (Ord. 89-06; Ord. 83-52) 18.32.160 Hearings Procedure A. Unless otherwise provided by the rules of procedure adopted by the Council, the approval authority shall have the authority to conduct a public hearing, and: 1. Determine who qualifies as a party; 2. Regulate the course, sequence and decorum of the hearing; 3. Dispose of procedural requirements or similar matters; 4. Rule on offers of proof and relevancy of evidence and testimony; 5. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation and rebuttal testimony; 6. Take such other action appropriate for conduct commensurate with the nature of the hearing; and 7. Approve or deny applications or approve with conditions pursuant to Section 18.32.250. DRAFT REVISIONS - CC - 11/19/90 PAGE 16 B. Unless otherwise provided in the rules .of procedure adopted by the Council, the approval authority shall conduct the hearing as follows: 1. Announce the nature and purpose of the hearing and summarize the rules. of conducting the.hearing•[and, if the proceeding is an initial evidentiary hearing before. the Hearings' Officer, the Planning Commission, or the City Council, make a statement that: a. Lists the applicable substantive criteria, b. States that testimony and evidence must be directed toward the criteria described in paragraph (a) of this subsection, or to the other criteria in the Comprehensive Plan or the Code which the person believes apply to the decision, c. States that failure to raise an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue. 2. Recognize parties; 3. Request the Director to present the staff report, to explain any graphic or pictorial displays which are a part of the report-, summarize the findings, recommendations and conditions, if any, and to provide such other information as may be requested by the approval authority; 4. Allow the applicant or a representative of the applicant to be heard; 5. Allow parties or witnesses in favor of the applicant's proposal to be heard; 6. Allow parties or witnesses in opposition to the applicant's proposal to be heard; 7. Upon failure of any party to appear, the approval authority shall take into consideration written material submitted by such party; 8. Allow the parties in favor of the proposal to offer rebuttal evidence and testimony limited to rebuttal of points raised. New testimony will not be heard; 9. Conclude the hearing by announcing officially the public hearing is closed; and 10. Make a decision pursuant to Section 18.32.250 or take the matter under advisement pursuant to Section 18.32.180. DRAFT REVISIONS - CC - 11/19/90 PAGE 17 C. Unless otherwise provided in the rules of procedures adopted by the Council, the following rules shall apply to the general conduct of the hearing: I.- The approval. authority may ask. questions at any time before. the close of the .hearing, and the answers shall be limited. to the substance of the question; 2. Parties or the Director must receive approval from the approving authority to submit questions directly to other parties or witnesses or the Director; 3. A reasonable amount of time shall be given to persons to respond to questions; 4. No person shall testify without first receiving recognition from the approval authority and stating his full name and address; 5. The approval authority may require that testimony be under oath or affirmation; 6. Audience demonstrations such as applause, cheering and display of signs, or other conduct disruptive of the hearing shall not be permitted. Any such conduct may be cause for immediate suspension of the hearing; and 7. No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing. (Ord. 89-06; Ord. 83-52) 18 32 165 Record May Remain Open. Admission of New Evidence A. Unless there is a continuance, the record shall remain oven for at least 7 days at the request of any participant in the initial evidentiary hearing before the Hearings Officer, the Planning Commission, or the City Council if the request is made prior to the conclusion of the hearing. B. When the record is left open to admit new evidence, testimony, or criteria for decision-making, any person may raise new issues which relate to that new material. 18 32 170 Ex Parte Communications with Approval Authority A. Members of the approval authority shall not: 1. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved except upon giving notice and opportunity for all parties to participate; nor 2. Take notice of any communication, report or other materials outside the record prepared by the proponents or opponents in connection DRAFT REVISIONS - CC - 11/19/90 PAGE 18 t i with the particular case unless the parties are afforded an opportunity to contest the material so noticed. B. No decision or action of the Commission or Council shall be invalid due to an. ex parte contact or bias resulting from an. ex parts contact with a member "of the decision making body, if•the member of the decision making body receiving the contact: 1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and 2. Makes a public announcement of the content of the communication and of the parties, right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related. C. Members of the Commission shall be governed by the provisions of Oregon Revised Statute 227.035 and the provisions of this section. D. This section shall not apply to Director decisions made under Subsection 18.32.090.A. E. A communication between the City staff and the Commission or Hearings Officer or Council shall not be considered an ex parts contact. F. Subsection (B) of this section does not apply to an ex parte contact with a Hearings Officer. (Ord. 89-06; Ord. 83-52) 18.32.180 Continuation of the Hearing A. An approval authority may continue the hearing from time to time to gather additional evidence, to consider the application fully or to give notice to additional persons. B. Unless otherwise provided by the approval authority, no additional notice need be given of the continued hearing if the matter is continued to a date, time, and place certain. (Ord. 89-06; Ord. 83-52) 18.32.190 Subpoena or Deposition of Witnesses A. Any party to an appeal or petition for review who wishes to subpoena or depose witnesses may do so by application to the Director not less than seven days prior to the hearing and a showing that the witness resides in Oregon, is unable or unwilling to appear and the testimony is material and relevant. B. Upon approval by the Director, application for subpoenas or depositions shall be made after proper completion and payment of those fees applicable to civil cases, to the Washington County circuit court. (Ord. 89-06; Ord. 83-52) DRAFT REVISIONS - CC - 11/19/90 PAGE 19 18.32.200 Evidence A. All evidence offered and not objected to may be received unless excluded by the approval authority on its own motion. B. Evidence received at -any' hearing .shall be of a quality that reasonable. persons rely-upon in the conducting of their everyday affairs. C. No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence. D. Evidence shall be received and notice may be taken of those facts in a manner similar to that provided for in contested cases before state administrative agencies pursuant to Oregon Revised Statute 183.450, except as otherwise provided for in this title. E. Formal rules of evidence, as used in courts of law, shall not apply. (Ord. 89-06; Ord. 83-52) 18.32.210 Judicial Notice A. The approval authority may take notice of the following: 1. All facts which are judicially. noticeable. Such noticed facts shall be stated and made part of the record; 2. The statewide planning goals adopted pursuant to Oregon Revised Statutes Chapter 197; and 3. The comprehensive plan and other officially adopted plans, implementing ordinances, rules and regulations of the City of Tigard, and the comprehensive plans and implementing ordinances of other planning authorities within the Metropolitan Service District boundary. B. Matters judicially noticed need not be established by evidence and may be considered by the approval authority in the determination of the application. (Ord. 89-06; Ord. 83-52) 18 32 220 Participation in the Decision: Voting A. in addition to the provision of Oregon Revised Statute 227.035 which applies to Commission members or Oregon Revised Statutes Chapter 244 which applies to all members of an approval authority, each member of the approval authority shall be impartial. Any member having any substantial past or present involvement with the applicant, other interested persons, the property or surrounding property, or having a financial interest in the outcome of the proceeding, or having any prehearing contacts, shall state for the record the nature of their involvement or contacts, and shall either: DRAFT REVISIONS - CC - 11/19/90 PAGE 20 1. State that they are not prejudiced by the involvement or contacts AMP- and will participate and vote on the matter; or W 2. State that they are prejudiced by the involvement or contact and will withdraw from participation in the matter.. B. An affirmative vote by a majority of the qualified voting members of the approval authority who are present is required to approve, approve with conditions, or deny an application or to amend, modify, or reverse a decision on appeal or review. C. Notwithstanding Subsections A and B of this section, no member of an approval authority having a financial interest in the outcome of an application shall take part in proceedings on that application; provided, however, with respect to the Council only, a member may vote upon a finding of necessity which shall be placed on the record by the presiding officer. D. Only those qualified members who have reviewed the entire record shall vote. E. In the event of a tie, the decision which is the subject of appeal or review shall stand. (Ord. 89-06; Ord. 83-52) 18 32 230 Record of Proceeding for Public Hearings A. A verbatim record of the proceeding shall be made by stenographic or mechanical means, and: 1. It shall not be necessary to transcribe testimony except as provided for in Subsection 18.32.330.A; and 2. The minutes or transcript of testimony, or other evidence of the proceedings, shall be part of the record. B. All exhibits received shall be marked so as to provide identification upon review. C. The official record shall include: 1. All materials, pleadings, memoranda, stipulations and motions submitted by any party to the proceeding and recorded or considered by the approval authority as evidence; 2. All materials submitted by the Director to the approval authority with respect to the application including in the case of an appeal taken pursuant to Subsection 18.32.290.A the record of the a Director's decision as provided by Section 18.32.110; F 3. The transcript of the hearing, if requested by the Council or a party, or the minutes of the hearing, or other evidence of the F. proceedings before the approval authority; DRAFT REVISIONS - CC - 11/19/90 PAGE 21 k: 4 r i F f • i 4. The written findings, conclusions, decision and, if any, conditions of approval of the approval authority; 5. Argument by the parties or their legal representatives permitted pursuant to Section 18. 32.3.26 at the time of review before the f Council; 6. All correspondence relating to the application; and f t 7. A copy of the notice which was given as provided by Section' 18.32.130, accompanying affidavits and list of persons who were sent mailed notice. (Ord. 89-06; Ord. 83-52)= 7* [18.32.240 Effective Date of the Decision] [A. A decision by the Director shall become effective on the tenth day after notice is published in a newspaper of general circulation in the City as i., provided in Subsection 18.32.120.A.3 unless an appeal is taken pursuant to Subsection 18.32.290.A.] [ e. [B. A decision made by an initial hearings authority, other than the Director, shall become effective on the tenth day from the date notice of the final decision is mailed pursuant to Section 18.32.260 unless a petition for review is.filed as provided by Subsection 18.32.290.B.): [C. A final decision by the Commission in the case of an appeal of a Director's decision, or a final decision by the Council in the case of a t petition for review of a Commission or Hearings officer decision, shall be final on the tenth day from the date notice of the final decision is mailed pursuant to Section 18.32.260. (Ord. 89-06; Ord. 83-52)] 18.32.250 The Decision Process of the Approval Authority 3 i A. The decision shall be based on: 1. Proof by the applicant that the application fully complies with: a. The City of Tigard comprehensive plan; and b. The relevant approval standards found in the applicable chapter(s) of this title or other applicable implementing ordinances; 2. The standards and criteria that were applicable at the time the application was [first submitted] determined to be complete at such time as the City's plan and applicable ordinances are acknowledged. DRAFT REVISIONS - CC - 11/19/90 PAGE 22 ACV- B. Consideration may also be given to: 1. Proof of a change in the neighborhood or community or a mistake in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application;. and 2. Factual oral testimony or written statements from the parties, other persons and other governmental agencies relevant to the existing conditions, other applicable standards and criteria, possible negative or positive attributes of the proposal or factors in Subsections A or B.1 of this section. [C. If an application for a permit or a zone change was incomplete when first submitted and the applicant submits the requested additional information within 180 days of the date the application was first submitted, the approval, approval with conditions, or denial shall be based upon the standards and criteria that were applicable at the time the application was first submitted.] [D] C. In all cases, the decision shall include a statement in a form addressing the requirements of Subsection 18.32.060.A.3.b which refers to the Director's staff report. [E] D. The approval authority may: 1. Adopt findings and conclusions contained in the staff report; 2. Adopt findings and conclusions of a lower approval authority; 3. Adopt its own findings and conclusions; 4. Adopt findings and conclusions submitted by any party provided all parties have had an opportunity to review the findings and comment on the same; or 5. Adopt findings and conclusions from another source, either with or without modification, having made a tentative decision, and having directed staff to prepare findings for review and to provide an opportunity for all parties to comment on the same. [F] E. The decision may be for denial, approval, or approval with conditions, pursuant to subsection 2 of this section. 1. Conditions may be imposed where such conditions are necessary to: a. Carry out applicable provisions of the Tigard comprehensive plan; DRAFT REVISIONS - CC - 11/19/90 PAGE 23 b. Carry out the applicable implementing ordinances; and c. Ensure that adequate public services are provided to the devai,)pment or to ensure that other required improvements "are made; 2. Conditions may include, but are not limited to; a. Minimum lot sizes; b. Larger setbacks; C. Preservation of significant natural features; and d. Dedication of easements; 3. Conditions of approval shall be fulfilled within the time limit set forth in the decision or, if no time limit is set forth, within one year. Failure to fulfill any condition of approval within the time limitations provided may be grounds for revocation of approval, after notice and an opportunity to be heard as an administrative action; 4. Changes, alterations or amendments to the substance of the conditions of approval shall be processed as a new administrative action; S. Prior to the commencement of development, i.e. the issuance of any permits or the taking of any action under the approved development application, the owner and any contract purchasers of the property which is the subject of the approved application, [shall] may be recuired to sign and deliver to the Director their acknowledgment and consent to such conditions; 6. The conditional approval may require the owner of the property to sign within a time certain or, if no time is designated, within a reasonable time, a contract with the City for enforcement of the conditions and: a. The Council shall have the authority to execute such contracts on behalf of the City; b. If a contract is required by a conditional approval, no building permit shall be issued for the use covered by the application until the executed contract is recorded in a real property record of the applicable County and filed in the County records; and c. Such contracts shall be enforceable against the signing parties, their heirs, successors and assigns by the City DRAFT REVISIONS - CC - 11/19/90 PAGE 24 by appropriate action in law or suit in equity for the benefit of public health, safety, and welfare; and 7.• A bond in a form acceptable to the Director or, upon appeal. or -review by. the appropriate: approval authority, a cash deposit from the property owners 'or contract purchasers in such an amount as will ensure compliance with the conditions imposed pursuant to the Section, may be required. Such bond or deposit shall be posted prior to the issuance of a building permit for the use covered by the application. [G] F. The final decision on the application may grant less than all of the parcel which is/ the subject of the application. (Ord. 89-06; Ord. 83-52) 18.32.260 The Form of the Final Decision A. The final decision shall be a decision which is in writing and which has been: 1. Signed by the Director.,. in the case of a final decision by the Director, and filed as a final decision within 10 calendar days unless extended pursuant to Subsection 18.32.240.D; 2. Formally adopted and signed by the chairperson of the approving authority other than the Director, and filed with the Director within 10 calendar days of the formal adoption of the decision; or 3. Formally adopted by the Council, and signed by the Mayor and filed with the Director and the City Recorder within 10 calendar days of the formal adoption of the decision. B. The final decision shall be filed in the records of the Director within 10 calendar days after the decision is signed, and notice thereof shall be mailed to the applicant and all parties to the action, and shall be available to members of the Council. C. Notice of a final decision shall contain: 1. A statement that all required notices under Section 18.32.130 have been met; 2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; 3. The date the final decision was filed; and 4. A statement of whether a party to the proceeding may seek review of the decision, as appropriate, to wit: a. In the case of a final decision by the Council, the statement shall explain that this decision is final and how review may be heard by a higher authority; or DRAFT REVISIONS - CC - 11/19/90 PAGE 25 WIN b. In the case of a final decision by the Hearings officer or Commission, the statement shall explain briefly how a review can be taken to the council pursuant to Subsection 18.32.310.B, the deadlines, and where information can be obtained. *.(Ord. 89-06; Ord. 84-69; Ord. 83-52) 18.32.270 Notice of Final Decision A. Notice of the final decision shall be mailed to the applicant and to all the parties to the decision, and shall be made available to the members of the Council. (Ord. 89-06; Ord. 83-52) 18.32.275 Amended Decision Process A. The Director may issue an amended decision after the notice of final decision has been issued and prior to the end of the 10-day appeal period. B. A request for an amended decision shall be in writing, accompanied with the ;-ppropriate fee and filed with the Director not more than eight days aftcz the notice of final decision has been filed. C. A request for an amended decision may be filed by: 1. The neighborhood planning organization affected by the initial decision; 2. The City Council; 3. The Commission; 4. An employee of the City's planning staff; 5. Any party entitled to notice of the original decision; or 6. Any party who submitted comments in writing on the original decision. D. The amended decision process shall be limited to one time for each original application. E. The Director shall make the determination as to issuance of an amended decision based on findings that one or more of the following conditions exist: 1. An error or omission was made on the original notice of final decision; 2. The original decision was based on incorrect information; and DRAFT REVISIONS - CC - 11/19/90 PAGE 26 3. New information becomes available during the appeal period which 4 was not available when the decision was made which alters the facts or conditions in the original decision. F. An -.amended decision shall be processed in accordance -with. Section 18.32.120 of this title. (Ord. 89-06; Ord. 84-61; Ord: 84-31) 18.32.280 Denial of the Application: Resubmittal A. An application which has been denied or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted for the same or a substantially similar proposal or for the same or substantially similar action for a period of at least 12 months from the date the final City action is made denying the application unless there is a substantial change in the facts or a change in City policy which would change the outcome. (Ord. 89-06; Ord. 83-52) 18.32.290 Standing to Appeal or for a Petition for Review A. In the case of a decision by the Director, any person entitled to notice of the decision under Section 18.32.120 or any person who is adversely affected or aggrieved by the decision, may file a notice of appeal as provided by Section 18.32.340. B. In the case of a decision by the Hearings Officer or the Commission, except for a decision on an appeal of the Director's decision, any person shall be considered a party to a matter, thus having standing to seek review, provided: 1. The person appeared before the Commission or Hearings Officer orally or in writing and: a. The person was entitled as of right to notice and hearing prior to the decision to be reviewed; or b. The person is aggrieved or has interests adversely affected by the decision. (Ord. 89-06; Ord. 83-52 (18.32.300 Computation of Appeal Period: Petition for Review Time Period) 18.32.300 Computation of Appeal Period and Effective Date of the Decision A. In computing the length of the appeal period and the effective date for a Director's decision, the day the notice is published in the newspaper shall be excluded and the last day for filing the appeal and the effective date, the tenth day, shall be included unless the last day falls on a legal holiday for the City or on a Saturday, in which case, the last day shall be the next business day. The Director may extend the appeal period and the effective date to the day following a Council meeting when the computed appeal period would not otherwise provide an DRAFT REVISIONS - CC - 11/19/90 PAGE 27 opportunity for interested parties to appear before Council regarding the decision. The appeal period thus computed shall not be greater than 20 days. Notice published in the newspaper shall be in accordance with Subsection 18.32.120.A.3. B. In computing the -length of the [petition for review period] appeal period and effective date, the day that notice of the decision is mailed shall be excluded and the last day for filing the petition or review shall be included unless the last day falls on a legal holiday for the City or on a Saturday, in which case, the last day shall be the next business day. C. The Director may grant an extension of the appeal period and effective date on a Director's decision for a reasonable time only if requested by the applicant and in the condition where no appeal has been filed to that date, except as described in (A), above. (Ord. 89-06; Ord. 84-69; Ord. 83-52) i [18.32.310 Decisions which may be Appealed or Reviewed] r [A. Any decision by the Director made pursuant to Subsection 18.32.090.A may be appealed to the appropriate approval authority as provided in Section ! 18.32.110 and the approval authority's decision shall be final. An appeal shall be taken by:] i r [1. The filing of a notice to appeal, as provided by Section 18.32.340, by any person entitled to notice under Section 18.32.120, by the close of the City business day within 10 days after notice of the decision is published in a newspaper of general circulation as provided by Subsection 18.32.120.A; or] t [2. The Commission or council, on its own motion, seeks to hear the matter by voice vote within ten days of the publication of the notice as provided by Subsection 18.32.240.A.] 18.32.310 Determination of Appropriate Reviewing Body A. All appeals of decisions or interpretations made by the Director may be appealed to the Planning Commission or Hearings Officer pursuant to Subsection 18.32.090, except: 1. The Council may, on its own motion, seek to hear the matter by voice vote prior to the effective date of the notice of decision. B. Any decision made by any other approval authority under Subsections 18.32.090.E or C may be reviewed by the Council by: 1. The filing of a notice of review as provided by section 18.32.340 by any party to the decision by [the close of the City business day f within 10 days of the sending] 3:30 p.m. on the effective date of the notice of [final] decision; t s DRAFT REVISIONS - CC - 11/19/90 PAGE 28: G Y 2. The Council or Commission, on its own motion, seek[s]inq review by voice vote [within 10 days of mailed notice of the final decision] prior to the effective date of the notice of decision; or 3. Referral- of a matter-under Subsection•.18.32.090.D by t'he • initial hearings body to the Council, upon closure of the hearing, when the case presents a policy issue which requires Council deliberation and determination, in which case the Council shall decide the application. C. Failure to file an appeal or petition for review shall be deemed a failure to exhaust administrative remedies. It is the purpose of this section to provide the parties every remedy possible. The filing of an appeal or petition for review is a condition precedent to litigation. (Ord. 89-06; Ord. 86-36; Ord. 84-29; Ord. 83-52) 18.32.320 T"e of Appeal or Review Hearing: Limitations of Review A. The appeal of a decision made by the Director under Subsection 18.32.090.A and Section 18.32.110 shall be confined to the prior record and conducted as if brought under Subsections 18.32.090.B or C. B. The review of a decision by the Commission or Hearings Officer by the Council shall be: 1. Confined to the record of the proceedings [as provided in Section 18.32.320 and] unless Council determines the admission of additional evidence is appropriates. Each member of the reviewing body shall be provided with a transcript of the proceeding on appeal]; 2. Limited to the grounds relied upon in the notice of review as provided in Subsection 18.32.340.A, and conducted in accordance with the provisions of Sections 18.32.160 through 18.32.260 and Section 18.32.310; 3. The subject of written and oral argument. Such written argument shall be submitted not less than five days prior to Council consideration; and 4. Reviews on the record by Council of Hearings Officer or Commission decisions shall be completed within 40 days of when the notice of review is filed. (Ord. 89-06; Ord. 84-69; Ord. 83-52) 18.32.330 Transcripts A. [Within 20 days after the filing of the notice of review,] If a transcript is requested by any party, the City shall provide each Council member, the applicant and the neighborhood planning organization (if requested), a copy of the complete transcript of the hearing and a copy of the minutes. DRAFT REVISIONS - CC - 11/19/90 PAGE 29 B. The appellant or any party who is the first to request a transcript shall be responsible to satisfy all costs incurred for preparation of the transcript at a rate of actual costs up to $500 and one-half costs for any amount incurred over $500. Payment shall be made in full at least five days prior to the hearing. G. Any [other] party other than the appellant or the first party to request a transcript [requesting a copy of the transcript] shall be charged the actual copy costs. (Ord. 89-06; Ord. 84-69; Ord. 84-09; Ord. 83-52) 18-32.340 Notice of Appeal or Petition for Review A. The notice of appeal or petition for review shall contain: 1. A reference to the application sought to be appealed or reviewed; 2. A statement as to how the petitioner qualifies as a party; 3. The specific grounds for the appeal or review; and 4. The date of the filing of the final decision on the action or, in the case of a decision by the Director, the date the decision was filed and the date notice of the final or proposed decision was given. B. The appeal or review application shall be accompanied by the required fee except as allowed under Section 18.32.345. (Ord. 89-06; Ord. 85-45; Ord. 83-52) 18 32 345 Fee Waiver (Allowed for Neighborhood Planning Organizations] for Appeals A. Fees for land use applications and applications for appeal or review of a land use decision shall be waived for applications filed by a neighborhood planning organization (NPO) if all of the following conditions are met: 1. The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was present; 2. A copy of the minutes of the NPO meeting where the appeal or land use application was initiated must be submitted with the appeal or land use application; 3. The appeal or application will be considered valid when conditions (1) and (2) of this section are met and all other filing requirements are met; and 4. The NPO chairperson or designated representative shall appear at the next available City Council meeting after the application or appeal is filed. The NPO shall work through the Planning Division to schedule the item on a Council agenda. Should the Council deny DRAFT REVISIONS - CC - 11/19/90 Page 30 i i the NPO request for a fee waiver, the NPO shall submit the required fee within three working days of the denial. The fee shall be filed by three p.m. on the third day. (Ord. 89-06; Ord. 85-45) y~ B. Council may, on its ;own motion and by voice vote,-waive the. appeal fee ~F for'. other parties, when appropriate. 18.32.350 Persons Entitled to Notice on Appeal or Review: Type of Notice A. Upon appeal or review, notice shall be given to parties entitled to notice under Sections 18.32.130 and 18.32.290. (Ord. 89-06; Ord. 84- 71; Ord. 84-61; Ord. 83-52) 18.32.360 Contents of Notice on Appeal or Review A. Notice shall include those matters provided by Section 18.32.140. (Ord. 89-06; Ord. 83-52) 18.32.370 Action on Appeal or Review: Time Limit and Authority to Change the Decision A. The approval authority shall affirm, reverse, or modify the decision which is the subject of the appeal; however, the decision shall be made in accordance with the provisions of Section 18.32.250; or B. Upon the written consent of all parties to extend the 120-day limit, the approval authority may remand the matter if it is satisfied that testimony or other evidence could not have been presented or was not available at the time of the hearing. In deciding to remand the matter, the approval authority shall consider and make findings and conclusions regarding: 1. The prejudice to parties; 2. The convenience or availability of evidence at the time of the initial hearing; 3. The surprise to opposing parties; 4. The date notice was given to other parties as to an attempt to admit; or 5. The competency, relevancy and materiality of the proposed testimony or other evidence. (Ord. 89-06; Ord. 84-61; Ord. 83-52) 18.32.380 Final Action of the Approval Authority; Effective Date A. Action by the approval authority on appeal or review shall be known as a final order which shall be effective on the day of mailing notice of the final order. DRAFT REVISIONS - CC - 11/19/90 PAGE 31 B. Within 10 days of the filing of the final order of Council, the Director shall give notice of the final order to all parties to the proceeding, informing them of the date of filing, the decision rendered, and where a copy may be found. .(Ord. 89-06; Ord. 84-69; ord. 84-61; Ord. 83-52) 18.32.390 Revocation of Approvals A. The hearings authority may, after a hearing conducted pursuant to this chapter, modify or revoke any approval granted pursuant to this chapter for any of the following reasons: 1. A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation be intentional or unintentional; 2. A failure to comply with the terms and conditions of approval; 3. A failure to use the premises in accordance with the terms of the approval; or 4. A material misrepresentation or mistake of fact or policy by the City in the written or oral report regarding the matter whether such misrepresentation be intentional or unintentional. B. In the case of a decision made by the Director, the hearing on whether to modify or revoke an approval shall be held by the Commission. C. A petition for review may be filed in the same manner as provided by Subsection 18.32.310.B. (Ord. 89-06; Ord. 83-52) DRAFT REVISIONS - CC - 11/19/90 PAGE 32 EXHIBIT B Chapter'18.162 LAND DIVISION: MAJOR AND MINOR LAND PARTITIONING - LOT LINE ADJUSTMENT Sections: 18.162.010 Purpose 18.162.020 Partition Review Required 18.162.030 Administration and Approval Process 18.162.035 Expiration of Approval - Standards for Extension of Time 18.162.040 Partition Approval Criteria [18.162.045 Expiration of Approval - Standards for Extension of Time] 18.162.050 Special Provisions for Lots Created through Partition Process 18.162.060 Lot Line Adjustments: Approval Standards 18.162.070 Preliminary Application Submission Requirements 18.162.080 Final Application Submission Requirements Minor Land Partition 18.162.085 Final Application Submittal Requirements Lot Line Adjustment 18.162.090 Additional Information Required and Waiver of Requirements 18.162.100 City Council Acceptance of Dedicated Land 18.162.110 Centerline Monumentation: Monument Box Requirements 18.162.120 Recording of Partitions, Lot Line Adjustments 18.162.130 Variances to standards 18.162.010 Purpose A. The purpose of this chapter is to provide rules, regulations, and standards governing approval of major and minor land partitions and lot line adjustments. (Ord. 89-06; Ord. 83-52) 18.162.020 Partition Review Required A. A major land partition review is required when a division of land [(three lots or less)] creates a street or road,within one calendar year. B. A minor land partition review is required when three lots or [less] fewer are created without the creation of a street or road, within one calendar year. C. A lot line adjustment is any adjustment to a property line [which does not create an additional lot of record nor make the existing lots in violation of the base zone minimum lot requirements. (Ord. 89-06; Ord. 83-52)] by the relocation of a common boundary where an additional parcel of land is not created. 18.162.030 Administration and Approval Process A. The applicant of a partition or lot line adjustment proposal shall be the recorded owner of the property or an agent authorized in writing by the DRAFT - November 15, 1990 PAGE 1 owner. .B. Any application for a' major or minor land partition or lot -line adjustment shall be in conformity with all state regulations-set forth in ORS Chapter 92, Subdivision and Partitions. C. No lot or parcel to be created through the partitioning process shall be sold until approval and filing of the final partition lat. D.[C] When partitioning tracts into large [lots] parcels, the Director shall require that the [lots] parcels be of such size and shape to facilitate [the] future repartitioning of such [lot] parcels in accordance with the requirements of the zoning district and this title. E[D]. The applicant is required to meet with the Director for a preapplication conference in accordance with Section 18.32.030: 1. Another preapplication conference is required if an [any site development] application is submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria, or requirements of the applications. F[E]. The Director shall mail notice of any land partition [or lot line adjustment] application decision to the applicant, the owner of the subject property,and to all owners of record of property within 250 feet of the subject property. G. The Director shall mail notice of any lot line adjustment approval to the owners of the parcels involved in the proposal and to the owners of abutting properties. H[F]. The Director shall approve, approve with conditions or deny an application. The Director shall apply the standards set forth in Section 18.162.[030] 040 when reviewing an application for a major or minor partition or the standards in Section 18.162.060 when reviewing an application for a lot line adjustment. I[G]. The decision of the Director may be appealed in accordance with Subsection 18.32.310.A. (Ord. 89-06; Ord. 84-29; Ord. 83-52) NOTE: THE FOLLOWING SECTION IS PROPOSED TO BE RELOCATED FROM 18.162.045 18.162.035 Expiration of Ap roval - Standards for Extension of Time A. The partition or lot line adjustment approval by the Director shall be effective for a period of one-and-one-half years from the date of approval. B. The partition or lot line adjustment approval by the Director shall DRAFT - November 15, 1990 PAGE 2 lapse if: 1. The partition-or''lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the original plan as approved by the Director; 2. The applicant can show intent of [initiating construction of the site] recording the approved partition or lot line adjustment within the one year extension period; and 3. There have been no changes in the [facts or] applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed as provided by Section 18.32.310.A. 18.162.040 Partition Approval Criteria A. A request to partition land shall meet all of the following criteria: 1. The proposal conforms with the City's comprehensive plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards. (Ord. 89-06; Ord. 83-52) NOTE: THE FOLLOWING SECTION IS PROPOSED TO BE RELOCATED TO 18.162.035 [18.162.045 Expiration of Approval - Standards for Extension of Time A. The partition or lot line adjustment approval by the Director shall be effective for a period of one -and-one-half years from the date of approval. DRAFT - November 15, 1990 PAGE 3 C B. The partition or lot line .adjustment approval by the Director shall lapse'if: 1. The partition or lot line adjustment has been improperly.recorded with Washington County without the satisfact,ary completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the original plan as approved by the Director; 2. The applicant can.show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes in the facts or applicable policies and ordinance provisions on which the approval-was based. D. The Director's decision may be appealed as provided by Section 18.32.310.A.] 18.162.050 Special Provisions for Lots Created through Partition Process A. Lot Width: 1. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area: 1. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage: 1. l?ach lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. D. Setbacks: 1. Setbacks shall be as required by the applicable zoning district. E. Front Yard Determination for Flag Lot: 1. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less DRAFT - November 15, 1990 PAGE 4 than .10 feet. Structures shall generally be located so as to maximize separation' from existing, structures. F. Screening on Flag Lots: 1. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. G. Fire Protection: 1. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on firefighting capabilities. H. Reciprocal Easements: 1. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. C 1. Accessway: 1. Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. (Ord. 87-66; Ord. 84-29; Ord. 83-52) J. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. 18.162.060 Lot Line Adjustments: Approval Standards A. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the criteria stated are satisfied as follows: 1. An additional [lot] parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the [approved] zoning [for that] district; 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district ( regulations for that district; and DRAFT - November 15, 1990 PAGE 5 3. The resulting parcels are in conformity with the dimensional standardo.of the zoning.district. [3. If the applicant disagrees with the decision of the Director, an appeal shall be filed in accordance with Subsection 18.32.310.A.] B. [Application submission requirements for a lot line adjustment shall comply with Sections 18.162.070 and 18.162.080.] [C.] The provisions of Section [18.162.040] 18.162.050 shall also apply to lot line adjustments. (Ord. 89-06; Ord. 83-52)] C. A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. 18.162.070 Preliminary Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Copies of the preliminary partition map or lot line adjustment map (number of copies determined at pre-application conference) and necessary data or narrative; 2. [A list of the names and addresses of all property owners of record within 250 feet of the site; and 3.1 The required fee. B. The preliminary partition or lot line adjustment map and necessary data or narrative shall include the following: 1. The name s , [and] address(es), and phone numbers of the following: a. The owner(s) of the subject parcel(s); b. The owner(s)' authorized agent( if applicable); and c. The land surveyor and engineer(if applicable); 2. The (nap scale, north arrow, and date; 3. Sufficient description to define the location and boundaries of the proposed area to be partitioned or adjusted; 4. The scale shall be an engineering scale sufficient to show the details of the plan and related data; C 5. The location, width and names of streets or other public ways and easements within and adjacent to the proposed partition; DRAFT - November 15, 1990 PAGE 6 F 6. Other important features, to include: a. The location of all permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; C. Any trees having a six inch caliper or greater at four feet above ground level; d. All slopes greater than 25 percent; and e. The location of existing utilities and utility easements; 7. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip); 8. Any deed restrictions that apply to the existing lot; and 9. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition will not preclude the efficient division of land in the future. C. The [sketch plan] preliminary partition plat or lot line adjustment map shall be as accurate as possible to ensure proper review by affected [City] agencies. D. Upon receipt of an application, the Director shall review it for compliance with the requirements for submittal (see Subsections A and B above). If the application is found to be incomplete, the Director shall within 30 days notify the applicant of the reasons therefor and advise the applicant of the requirements for an acceptable application. E. Upon acceptance of a complete application, the Director shall transmit copies of the preliminary land partition application or lot line adjustment map to the City Engineering Department and Building Division [of Public Works and] as well as other potentially affected agencies where necessary. F. The Director shall review the [proposed partition] proposal for compliance with the provisions of this title and coordinate the review conducted by affected City agencies and applicable districts for compliance with applicable regulations. G. The Director shall review the proposed lot line adjustment for compliance with the provisions of this title, and shall issue a decision to owners of the involved parcels, abutting property owners, and affected service providing agencies with regard to the compliance of the application with respect to all applicable approval criteria. If the Director believes that existing utilities may be affected by the proposed adjustment, the Director may defer making a decision on the DRAFT - November 15, 1990 PAGE 7 application until the affected service providing agencies have been given an opportunity. to review and comment' upon the proposal. In addition, an affected agency may request an amended- decision within 10 days of the issuance of a decision for which comments were not requested, if the agency finds that utilities may be affected by the proposed adjustment. H. Following the review of the land partition or lot line adjustment by the applicable agencies, the applicant will be advised of the status of the proposal and of any additional information which shall be required prior to the filing of a final land partition [survey] plat or lot line adjustment map and shall be notified of conditions to be attached to [final land partition] the approval. [H•] I. The review of the preliminary land partition or lot line adjustment does not guarantee the applicant that the final application for a land partition or lot line adjustment will be approved nor that additional information or revisions will not be required by the City. (Ord. 89-06; Ord. 86-23; Ord. 83-52) 18.162.080 Final Application Submission Requirements - Land Partition A. All final applications for major and minor land partitions [or lot line adjustments] shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the partition [map] plat prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative[; and 2. The required fee, submitted with the preliminary application]. B. The partition [map or lot line adjustment map] plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) and by Washington County and shall include the following: 1. Sheet sizes for the final partition map shall be drawn on paper that is 8-1/2 inches by 11 inches, 11 inches by 17 inches or 18 inches by 24 inches in size (if 18 inches by 24 inches, then one copy must be on reducible paper); 2. The scale of the map shall be an engineering scale; 3. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s)- authorized agent; and c. The land surveyor and engineer; DRAFT - November 15, 1990 PAGE 8 4. The assessor's map and. lot number and a copy of the deed, sales contract or document containing a legal description of the land to ba partitioned; 5. The map scale, north arrow, and date; 6. Dimensions and legal descriptions of the parent parcel and all proposed parcels; 7. Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site; S. The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition; [9. Other important features, to include: a. The location of all permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; c. Any trees having a six inch caliper or greater at four feet above ground level; d. All slopes greater than 25 percent, and; e. The location of existing utilities and utility easements;] 9[10]. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip); 10[11]. Any deed restrictions that apply to the existing lot; and [12. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partitioned will not preclude the efficient division of land in the future, and (Ord. 89-06; Ord. 84-29; Ord. 83-52)] 11. Signature blocks for City approval and acceptance of public easements and rights-of -way. 18.162.085 Final Application Submittal Requirements - Lot Line Adjustment A. Applications for final lot line adjustment map aplroval shall include three copies of the final lot line adjustment survey map; B. The lot line adjustment survey ma and data or narrative shall include the following: DRAFT - November 15, 1990 PAGE 9 1. Sheet sizes for the final map shall be drawn on paper that is 8-1/2' inches by 11 inches, 11 inches by .17 inches or'18 inches by 24 inches in size (if 18 inches by 24 inches, then one.aopy must be on reducible paper); 2. The scale of the map shall be an engineering scale; 3. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s)' authorized agent; c. The land surveyor and engineer; 4. The man scale, north arrow, and date; 5. Dimensions and parcel sizes of both the original parcels and adjusted parcels; 6. Boundary lines of parcels abutting the parcels; 7. The locations, width and names of streets or other public ways and easements within and adjacent to the subject parcels; 8. Any deed restrictions that apply to the parcels; and 9. Signature blocks for city approval and acceptance of public easements and rights-of-way. 18.162.090 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.080.A. B. The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.E and C. (Ord. 89-06; Ord. 83-52) 18.162.100 City [Council] Acceptance of Dedicated Land A. The City Engineer [Council] shall accept the proposed right-of-way dedication prior to recording a land partition or lot line adjustment. (Ord. 89-06; Ord. 84-29; Ord. 83-52) B. The City Engineer shall accept all public easements shown for dedication on partition plats or lot line adjustment maps. DRAFT - November 15, 1990 PAGE 10 18.162.110 Centerline Monumentation: Monument Box Requirements A. Centerline Monumentation for.-all Major Partitions: s 1. The centerlines of all street and roadway rights-of-way shall be monumented as prescribed in ORS 92(060(2) before City acceptance of f street improvements and] under the following specifications: t [2. The following centerline monuments shall be set: a. All centerline-centerline intersection points: ` i b. All cul-de-sac center points; and c. Curve points, beginning and ending points (point of curvature (P.C. and point of tangency (P.T.)). (Ord. 83-52) B. Monument Boxes Required: t 1] a. Centerline monuments are required to have [M]monument boxes conforming to City standards set for those monuments within the pavement area; and [shall be required around all centerline intersection points and cul-de-sac center points; and 21 b. The tops of all monument boxes shall be set to finished pavement grade. f 18.162.120 Recording of Partitions[:] and Lot Line Adjustments A. Upon the Director's approval of the proposed partition or lot line adjustment and the [Council's] City Engineer's acceptance of any dedicated land to the City, the applicant shall record the partition plat or lot line adjustment survey map with Washington County and submit the recordation numbers to the City, to be incorporated into the record. B. The applicant shall submit a recorded reproducible copy of the final partition plat or lot line adjustment survey map to the City within 15 days of recording, or notify the City Engineering Division of the County survey number. (Ord. 89-06; Ord. 83-52) 18.162.130 Variances to Standards A. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.134, Variances. (Ord. 89-06; Ord. 83-52) JO:18162 DRAFT - November 15, 1990 PAGE 11 EXHIBIT 'C° CODE REVISIONS 11/26/90 USE CLASSIFICATIONS (pp. 80-81) 18.42.020 A. 5. Group Residential: Refers to the residential occupancy of living units by groups of more than five persons who are not related by blood, marriage or adoption, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding houses, cooperatives and halfway houses, but excluding [group care facilities] residential care facilities as specified in Subsection 6 of this section; 6. [Group Care Residential:] [Refers to services provided in facilities authorized, certified or licensed by the state to provide board, room, and care to six or more physically disabled, mentally disordered, mentally retarded, handicapped persons, dependents or neglected children, but excluding those uses classified under hospitals. Typical uses include intermediate care facilities and institutions for the mentally retarded and physically handicapped;] Residential Care Facility: Refers to services provided in facilities licensed by the state to provide board room and care to six or more mentally retarded;- developmentally disabled- mentallyr emotionally, or behaviorly disturbed; physically disabled or socially dependent residents; alcohol or drug dependent persons or any combination of such residents totaling six or more in one or more buildings on contiguous properties Excluded are those uses classified under hospitals Typical uses include intermediate care facilities and institutions for the mentally retarded and physically handicapped; 7. [Residential Care Facility:] Residential Treatment Home: [A residence of five or fewer mentally or physically handicapped with staff (need not be related);] A facility that provides for five or fewer mentally emotionally or behaviorally disturbed individuals or alcohol or drug dependent persona residential care and treatment in one or more buildings on contiguous properties. Supervisory staff are required for the operation of the facility. 10/19/90 - CDC REVISION PAGE 1 Iv- 8. Children's Day Care: [Refers to services or facilities authorized, certified or licensed by the state for children's day care of 13 or more children at any one. time for -a period not to-exceed 12 hours per day with or without compensation. See Subsection 11 of this section;] A day care facility operated with or without compensation that is certified by the state to care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a building constructed as other than a single family dwelling. Typical uses include nursery schools, preschools, kindergartens, child play schools, before or after school care facilities, or child development centers. [9. Mobile Home: Refers to a structure transportable in one or more sections, each built on a permanent chassis and which is designed to be used for permanent occupancy as a residential dwelling;] [10. Manufactured Home: Refers to a factory-fabricated transportable building which meets the Uniform Building Code which is incorporated with similar structures or units at a building site and used as a dwelling unit;] 111. Babysitting Service: Refers to day care services for children if the compensation therefor is paid directly by the parent or legal guardian or if the service is provided without any compensation in either the home of the parent or guardian or the home of the babysitter. A babysitting service provides for care for not more than six children for eight or more hours in a 24-hour period and the service may be provided for not more than four other (part-time) children for not more than three consecutive hours in a 24-hour period. No more than a total of 10 children including the babysitter's children can be present at any one time. Variation from the above constitutes a day care facility. See Subsection 8 of this section;] 9. Fami1V Dav Care: Includes two types of child care service: Family Day Care and Group Day Care Home as defined by Oregon State Statute. Family Day Care refers to the provision of day care services for children, with or without compensation, in the home of the caregiver. Family Day Care may provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the school year, a family day care provider may care for 10/19/90 - CDC REVISION PAGE 2 four additional day care children on days and during the hours school is not in session. Such children must be at least an age eligible for first grade. During summer vacation, a family day care provider may care for-four additional day care children of any age -up to a maximum of -four hours per day: No more than a total. of 10 children including the provider's own children may be present at any one time. A Dav Care Group Home is one in which care is provided in the home of the care giver, with or without compensation, for seven through 12 children It is subject to certification by the Children' Services Division. Variation from the above constitutes a Child Day Care Center. See Subsection 8 of this section. For the purposes of this section "full-time" is defined as eight or more hours in a 24-hour period. "Part-time" is defined as four or fewer hours in a 24-hour period. ADMINISTRATION (p. 76) 18.40.010 Classification of Zones Dwelling Minimum Units Per Lot Size in Zoning District Map Symbol Net Acre Square Feet Medium Density Multiple-family residential R-25 25 1,480 (1,742] ZONING DISTRICTS (PP. 96-152) 18.44.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.44.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.44.030 Permitted Uses A. 3. [Residential homes] Residential treatment home; 4. Farming; [or] 5. Manufactured homes[.],. 6. Family day care. 7. Home occupation; 10/19/90 - CDC REVISION PAGE 3 8. Temporary use; 9. Fuel tank; or 10. Accessory structures. 18.44.040 Conditional Uses A. 3. [Group care residential] Residential care facility 18.44.060 Additional Requirements A. Additional requirements in the R-1 district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.1 1. Residential density transition, Section 18.40.040 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Rectulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary 10/19/90 - CDC REVISION PAGE 4 Uses 18 142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision,. 18.162 :Land Division:: Land Partitioninc5- Lot Line Adiustment ' and 18.164 Street and: Utl•ity Improvement Standards. 18.46.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.46.030, is a use which [requires no approval under] is allowed outright but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use) permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.46.030 Permitted Uses A. 3. [Residential care facilities) Residential treatment home; 4. Farming; [or] 5. Manufactured homes[.)., 6. Family day care; 7. Home occupation; 8. Temporary use; 9. Fuel tank; or 10. Accessory structures. 18.46.040 Conditional Uses A. 3. [Group care residential] Residential care facility 18.46.060 Additional Requirements A. Additional requirements in the R-2 district are as follows: s [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; t 10/19/90 - CDC REVISION PAGE 5 i t1 I F 4 F 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.] 1. Residential density transition, Section 18.40.040; 2. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District and 18.84 Sensitive Lands; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18 92 Density Computations, 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 building Height Limitations: Exceptions, 18.100 Landscaping and screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations 18.106 Off-Street Parking and Loading Reauirements, 18.108 Access Egress and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations 18.134 Variance, 18.140 Temporary Uses 18.142 Home occupations 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards Chapters 18.160 Land Division: Subdivision 18.162 Land Division: Land Partitioning- Lot Line Adiustment and 18.164 Street and Utility Improvement Standards. 18.48.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.48.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.48.030 Permitted Uses A. 3. [Residential care facilities] Residential treatment home; 4. Farming; [or] 5. Manufactured homes(.]L 6. Family day care; 10/19/90 - CDC REVISION PAGE 6 7. Home occupation; 8. Temporary use; 9. keel tank; or : 10. Accessory structures. 18.48.040 Conditional Uses 9 A. 3. [Group care residential] Residential care facility i 16 48 060 Additional Requirements A. Additional requirements in the R-3.5 district are as follows: 11. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; G. 4. Signs; Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; C 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.] 1. Residential density transition, section 18.40.040; 2. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District and 18.84 Sensitive Lands; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 building Height Limitations: Exceptions, 18.100 Landscaping and Screening 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations 18.106 Off-Street Parking and Loading Requirements, 18.108 Access Egress and Circulation, and 18.114 i Signs; } t € 4. Site Development Review Chapter 18.120; L 10/19/90 - CDC REVISION PAGE 7 ~i F r, ~i k° S., Development and Administration, Chapters 18.130 Conditional Use, AdWk 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards and 18.150 Tree Removal; and. 6.• Land-Division and-Development Standards, Chapters 18.160 Land Division': Subdivision, 18.162 Land ;Division: Land Partitioning- 4 Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards.. 18.50.020 Procedures and Approval Process A. A (use) permitted use [outright], Section 18.50.030, is a use which E [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a r (use) permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.50.030 Permitted Uses A. 3. (Residential care facilities) Residential treatment home; 4. Farming; [or] i g 5. Manufactured homes(.]; 6. Family day care; 7. Home occupation; 8. Temporary use; 9. Fuel tank; or i 10. Accessory structures. 18.50.040 Conditional Uses A. 4. (Group care residential] Residential care facility 18.50.060 Additional Requirements A. Additional requirements in the R-4.5 district are as follows: [l. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; { 10/19/90 - CDC REVISION PAGE 8 t~ 6. Accessory structures, Chapter 18.144; 7.• Home occupations, Chapter 18.142;. :8.'' Temporary uses, Chapter 18.140; i 9. Sensitive lands, Chapter 18.84; and f. S 10. Residential density transition, Section 18.40.040.] t' 1. Residential density transition, Section 18.40.040; 2. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; L 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Recrulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 building Height Limitations: Exceptions, 18.100 r Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 z_ Fuel Tank Installations, 182106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 F' Signs; 4. Site Development Review, Chapter 18.120; r 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary { Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, 18.148 Zero Lot Line Setback Standards, and 18.150 Tree Removal; and s 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 18.52.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.52.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.52.030 Permitted Uses A. 6. [Residential care facilities] Residential treatment home; 7. Farming; [and] 10/19/90 - CDC REVISION PAGE 9 8. Manufactured homes[.]L 9. Family day care; 10. Home' oc6tipation;' 11. Temporary use;' 12. Fuel tank; or 13. Accessory structures. 18.52.040 Conditional Uses A. 4. [Group care residential] Residential care facility 18.52.060 Additional Requirements A. Additional requirements in the R-7 district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.] 1. Residential density transition, Section 18.40.040; 2.Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 building Height Limitations: Exceptions 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 10/19/90 - CDC REVISION PAGE 10 Signs; 4. Site Development Review, Chapter 18.120; 5' Development. and Administration, Chapters 18.130 Conditional use .18.132 Nonconforming Situations,- 18.134 Variance 18.140 Temporary Uses, 18.142 Home occupations, 18.144 Accessory Structures 18.146 Flexible Setback Standards, 18.148 Zero Lot Line Setback Standards and 18.150 Tree Removal; and 6. _Land Division and Development Standards Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 18.54.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.54.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.54.030 Permitted Uses A. S. [Group care residential] Residential care facility 8. [Residential care facilities] Residential treatment home [and] 9. Manufactured homes[.], 10. Family day care; 11. Home occupation; 12. Temporary use; 13. Fuel tank; or 14. Accessory structures. 18.54.040 Conditional Uses A. 5. [Group care residential] Residential care facility 18.54.060 Additional Requirements A. Additional requirements in the R-12 district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 10/19/90 - CDC REVISION PAGE 11 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations; Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.1 1. Residential density transition, Section 18.40.040; 2. Overlay Districts, chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands and 18.86 Action Areas; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 off-Street Parking and Loading Requirements, 18.108 Access, Earess, and Circulation and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use 18.132 Nonconforming Situations, 18.134 Variance 18.140 Temporary Uses, 18.142 Home Occupations 18.144 Accessory Structures 18.146 Flexible Setback Standards, and 18.150 Tree Removal• and 6. Land Division and Development Standards, chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. 18.56.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.56.030, is a use which [requires no approval under] is allowed outright, but is subiect to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 10/19/90 - CDC REVISION PAGE 12 18.56.030 Permitted Uses A. S. [Group care facilities] Residential care facility 8. [Residential care facilities] Residential treatment home ; [and] 9. Manufactured homes[.] 10. Family day care; 11. Home occupation; 12. Temporary use; 13. Fuel tank; or 14. Accessory structures. 18.56.060 Additional Requirements A. Additional requirements in the R-25 district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; - 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, chapter 18.84; and 10. Residential density transition, Section 18.40.040.1 1. Residential density transition, Section 18.40.040; 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands and 18.86 Action Areas; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18:98 building Height Limitations: Exceptions, 18.100 10/19/90 - CDC REVISION PAGE 13 Landscaping and Screening 18.102 Visual Clearance Areas, 18.104 Fuel Tank installations, 18.106 Off-Street Parking and Loading Requirements 18.108 Access, Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use.,- 18.132 Nonconforming situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards Chapters 18.160 Land Division: Subdivision 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 18.58.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.58.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions.of Chapter 18.43, Unlisted Use. 18.58.030 Permitted Uses A. 6. [Group care residential] Residential care facility 9. [Residential care facilities] Residential treatment home; [and] 10. Manufactured homes[.li 111Family day care; 12. Home occupation; 13. Temporary use: 14. Fuel tank; or 152Accessory structures. 18.58.060 Additional Requirements A. Additional requirements in the R-40 district are as follows: 11. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 10/19/90 - CDC REVISION PAGE 14 4. Signs, Chapter 18.114; Awl 5. Nonconforming situations, Chapter 18.132; 6.• Accessory structures, Chapter 18.144;:•. " 7. Home occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040.] 1. Residential density transition, section 18.40.040; 2. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District 18.84 Sensitive Lands and 18.86 Action Areas; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 building Heiaht Limitations: Exceptions 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 _Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements 18.108 Access Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, chapter 18.120: 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 18.60.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.60.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. i 18.60.030 Permitted Uses A. 2. C. [Day care facilities] Children's day care i 10/19/90 - CDC REVISION PAGE 15 i ~y 3. Home occupations subject to provisions of Chapter 18.1428 4. Family day care; 5. Temporary use; 6. Fuel tank; or 7. Accessory structures. 18.60.060 Additional Requirements A. Additional requirements in the C-N district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] 1. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements 18.108 Access Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses 18.142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 10/19/90 - CDC REVISION PAGE 16 18.62.020 Procedures and Approval Process A. A [use]. permitted use (outright], Section 18.62.030, is a use which [requires. no approval.under] is allowed outright, but is'subject •to all applicable [the'] provisions of this. title. If a use is.not listed-as a. [use] permitted use' (outright]•,.it-may be held to'be a similar unlisted . Use under the provisions of Chapter 18.43; Unlisted Use. 18.62.030 Permitted Uses A. 2. g. [Day care facilities] Children's day care 5. Family day care; 6. Temporary use; 7. Fuel tank; or 8. Accessory structures. 18.62.060 Additional Requirements A. Additional requirements in the C-G district are as follows: [1. Off-street-parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] 1. Overlay Districts, Chapters 18.80 Planned Development 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress and Circulation and 18.114 Signs; 4. Site Development Review, Chapter 18.120- S. f 5. Development and Administration Chapters 18.130 Conditional Use s 18.132 Nonconforming Situations 18.134 Variance 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures 18.146 a F 10/19/90 - CDC REVISION PAGE 17 f i K S "s 8 C Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision 18.162 Land* Division: Land Partitioning- Lot Line- Adjustment, and 18.164' Street. and -Utility. Improvement. Standards. . 18.64.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.64.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.64.030 Permitted Uses A. 2. f. [Day care facilities] Children's day care 3. C. Family day care; 4. Transient lodging/restaurant (on the same parcel)[.]., 5. Temporary use; 6. Fuel tank; or 7. Accessory structures. 18.64.060 Additional Requirements A. Additional requirements in the C-P district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufacture I/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions, 18.100 10/19/90 - CDC REVISION PAGE 18 Landscaping and Screening, 18.102 Visual Clearance_ Areas, 18.104 Fuel Tank Installations 18 106 Off-Street Parking and Loading Requirements 18.108 Access Egress and Circulation, and 18.114 Signs; 4. Site Development Review Chapter 18.120; 5. Development and Administration Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations 18.134 Variance, 18.140 Temporary Uses 18.142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards and 18.150 Tree Removal; and 6. Land Division and Development Standards Chapters 18.160 Land Division: Subdivision 18.162 Land Division: Land Partitioning- Lot Line Adiustment and 18.164 Street and Utility Improvement Standards. 18 66 020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.66.030, is a use which [requires no approval under] is allowed outright but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright), it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.66.030 Permitted Uses A. 3. f. Family day care; 4. Temporary use; S. Fuel tank; or 6. Accessory structures. 18.66.040 Conditional Uses A. 3. [Day care facilities] Children's day care 8. [Group care residential] Residential care facility 18.66.060 Additional Requirements A. Additional requirements in the CBD district are as follows: [1. off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 10/19/90 - CDC REVISION PAGE 19 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] •1. Overlay' Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, and 18.86 Action Areas; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements 18.108 Access Egress and circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses 18.142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 18.68.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.68.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as a [use] permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.68.030 Permitted Uses A. A. 2.o.(ii) [Day care facilities] Children's day care 4. Farming[.]L 5. A single-family detached unit or a single manufactured/mobile home provided that the use is limited to the following: a. A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or i 10/19/90 - CDC REVISION PAGE 20 i1 e b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of_tha kennel and familvf.1; 6. Family day-care; 7. Temporary use; 8. Fuel tank; or 9. Accessory structures. 18.68.060 Additional Requirements A. Additional requirements in the I-P district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] 1. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions Chapters 18.90 Environmental Performance Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screeenina 18.102 Visual Clearance Areas 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements 18.108 Access Egress and Circulation and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adiustment, and 18.164 Street and Utility Improvement Standards. 10/19/90 - CDC REVISION PAGE 21 t 18 70 020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.70.030, is a use which [requires no approval under].is allowed outright, but is subject to-all applicable [the]- provisions of this title. .If a use is not listed as a•• [use] permitted use [outright], it may be held to'be-a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.70.030 Permitted Uses A. 5. A single-family detached unit or a single manufactured/mobile home provided that the use is limited to the following: a. A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of the kennel and family[•].L 6. Family day care; 7. Temporary use; 8. Fuel tank; or 9. Accessory structures. 18.70.060 Additional Requirements A. Additional requirements in the I-L district are as follows: Cl. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84.] 1. Overlay Districts Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance _Standards 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions 18.100 10/19/90 - CDC REVISION PAGE 22 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 4.. Site Development Reviews Chanter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 variance, 18.140 Temporary Uses 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adjustment, and 18.164 Street and Utility Improvement standards. 18.72.020 Procedures and Approval Process A. A [use] permitted use [outright], Section 18.72.030, is a use which [requires no approval under] is allowed outright, but is subject to all applicable [the] provisions of this title. If a use is not listed as [use) permitted use [outright], it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 18.72.030 Permitted Uses A. 5. A single-family detached unit or a single manufactured/mobile home provided that the use is limited to the following: a. A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of the kennel and family[.],L 6. Family day care; 7. Temporary use; 8. Fuel tank; or 9. Accessory structures. 18.72.060 Additional Requirements A. Additional requirements in the I-H district are as follows: [1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 10/19/90 - CDC REVISION PAGE 23 3. Landscaping and screening, chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and' 6. Sensitive lands, Chapter 18:84.1 1. Ovei•lav Districts, Chapters 18.80 Planned Development, 18.82 Histor?.c Overlay District, and 18.84 Sensitive Lands; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary uses, 18.142 Home occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning- Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. PLANNED DEVELOPMENT (pp. 156-157) 18.80.030 Expiration of Approval: Standards for Extension of Time C. The [Commission] Director shall, upon written request by the applicant[,] and payment of the required fee, [notification and a public hearing, grant,] grant [with conditions, or deny] an extension of the approval period not to exceed [12 months] one year [upon finding] provided that: 2. The applicant can show intent of applying for detailed development plan review within the [12 month] one year extension period; and 3. There have been no changes [in the facts or] to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. D. [The Commission may approve an extension of time up to one year, approve 10/19/90 - CDC REVISION PAGE 24 the extension of time subject to modifications and conditions, or deny the extension of time. The decision may be appealed as provided by Subsection 18.32.310(B).] Notice of the decision shall be provided to the applicant. The Director's -decision may be appealed by the applicant As provided'by Subsection 18.32.310 A:.. SENSITIVE LANDS (pp. 185-187) 18 84 030 Expiration of Approval: Standards fof1 for Extension of Time A. Approval of a sensitive lands permit shall be void [after one-and-one- half years] if: 1. [Unless sJSubstantial construction of the approved plan has not begun within a [two-year) one and one-half year period; or 2. [If c]Construction on the site is a departure from the approved plan. B. The [original approval authority] Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that: 3. There have been no changes [in the facts or] to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. C. [The decision of the approval authority may be reviewed by the Council as provided by Subsection 18.32.310 B..] Notice of the decision shall be-M,cvided to the applicant The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. SIGNS (pp. 292-293) 18.114.030 Administration and Approval Process F. No hearing before the [Commission] Hearings officer shall be granted...... J. Application for administrative variances to this chapter shall be reviewed by the [Commission] Hearings Officer, according to...... 18.114.140 Sign Code Exceptions A. The Hearings Officer [Commission] or, on review, the Council...... B. When the Hearings officer [Commission] or...... 1. If, at the expiration of one-and-one-half years from the date of approval, construction of the structure or initiation of the use 10/19/90 - CDC REVISION PAGE 25 i giving rise to the need for the exception has not begun, the rights given by the exception approval shall terminate without further action by the City, the Hearings Officer [Commission, or the Council; and . 2. Said rights shall also terminate at or after the'expiration of one and one-half years from approval if, though not commenced within one and one-half years, construction ceases...... 18.114.145 Approval Criteria for Exceptions to the Sign Code A. The Hearings Officer [Commission] shall...... B. In addition to the criteria in Subsection A above, the Hearings Officer [Commission], or...... SITE DEVELOPMENT REVIEW (pp. 299-304) 18.120.020 Applicability of Provisions A. Site development review shall be applicable to all new developments and major modification of existing developments, as provided in Section 18.120.070 except it shall not apply to: 1. Single-family detached dwellings; 3. Manufactured homes on individual lots; [2.] 3. A duplex, which is not being reviewed as part of any other development; [3.] 4. Minor modifications as provided in Section 18.120.070; [4.] 5. Any proposed development which has a valid conditional use approved through the conditional use permit application process; [or] [5.] 6. Mobile home parks and subdivisions[.]L 7. Family day care; 8. Home occupation; 9. Temporary use; 10. Fuel tank; or 11. Accessory structures. 18.120.040 Expiration of Approval: Standards for Extension of Time C. The Director shall, upon written request by the applicant and payment of 10/19/90 - CDC REVISION PAGE 26 the required fee, grant an extension. of the approval period not to C exceed [12 months] one Year; provided that: 2.- The applicant can 'show intent of initiating 'construction [of] on the site within the [six-month] one vear.dxtension period; and 3. There have been no changes [in the facts or] to the applicable comprehensive -plan policies and ordinance provisions on which the approval was based. D. Notice of the decision shall be provided to the applicant._ The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. 18.120.070 Major Modification to Approved Plans or Existing Development B. 3. A change that requires additional [off-site] on-site parking in accordance with Chapter 18.106; 18.120.180 Approval Standards A. 1. a. Chapter 18.84, Sensitive Lands; b. Chapter 18 94 Manufactured/Mobile Home Regulations; (Modify subsections a. through g. to c. through i.) A. 1. [h.]j _ Chapter 18.108, Access, Egress, and Circulation; [and] [i.]k. Chapter 18.114, Signs; 1. Chapter 18.150, Tree Removal; and M__ Chapter 18.164, Street and Utility Improvement Standards. CONDITIONAL USE (pp.317-320) 18.130.030 Expiration of Approval: Standards for Extension of Time A. Approval of a conditional use by the Hearings officer shall be void [after one-and-one-half years] if: 1. Substantial construction of <.he approved plan has not begun within that [one-year] one and one-half year period; B. The [Hearings Officer] Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed [six months] one Year [after a hearing as] provided that [in Chapter 18.32;1_ 2. The applicant can show intent of initiating construction [of] on the site within the [six-month] one year extension period; and 10/19/90 - CDC REVISION PAGE 27 • 3. There have been no changes [in the facts or] to the applicable comprehensive plan policies and ordinance provisions on which the approval was based... C..• Notice of the decision shall be provided :to the applicant. The [decision of the Hearings Officer] Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. 18.130.050 Major Modification to Approved Plans or Existing Development C. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.130.070 for conditional use approval [prior to applying for site development review]. D. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. VARIANCE (p. 347) 18.134.040 Expiration of Approval: Standards for Extension of Time A. Approval of a variance shall be void [after one-and-one-half years] unless: B. 2. The applicant can show intent of initiating construction [of] on the site within the [six-month] one year extension period; and 3. There have been no changes [in the facts or] to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. C. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. [No notice of the Director's decision need be given.] TEMPORARY USES (p. 357) 18.140.030 Expiration of Approval - Renewal C. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. 10/19/90 - CDC REVISION PAGE 28 i HOME OCCUPATIONS (p. 365) 18.142.020 Exemptions I A. [4. •Babysitters as -defined in. Subsection 18.42.020. A.•_ 11 -of .this- title;.] and' I [5.] 4. Proven nonconforming use (see Section 18.142.032 below). f ACCESSORY STRUCTURES (pp. 373-375) i{{ 18.144.050 Expiration of Approval: Standards for Extension of Time I B. The accessory structure approval by the Director shall lapse if: i 1. Substantial construction of the approved accessory structure plan has not begun with a [two-year] one and one-half year period; or 1 C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed [12 months] one year, provided that: I 2. The applicant can show intent of initiating construction [of] on the site within the [12-month] one year extension period; and j i 3. There have been no changes [in] to the [facts or] applicable comprehensive plan policies and ordinance provisions on which the approval was based. D. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. 18.144.070 Approval Criteria A. 4. See Chapter 18.98, Building Height Limitation Exceptions, for i exceptions. SUMMARY OF DIMENSIONAL REQUIREMENTS Maximum Maximum [Maximum] Minimum Building Size Building Height Side/Rear Setbacks FLEXIBLE SETBACK STANDARDS (p. 379) 18.146.040 Expiration of Approval: Standards for Extension of Time A. Approval of a flexible setback shall be void [after one-and-one-half years] unless: 10/19/90 - CDC REVISION PAGE 29 B. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed [12 months] one year, provided that: 2.. The applicant . can show intent of. initiating construction [of] 2n. the site'within the [12-month] one year extension period; and 3. There have been no changes [in] to the [facts or] applicable comprehensive plan policies and ordinance provisions on which the approval was based. C. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. TREE REMOVAL (pp. 386-387) 18.150.035 Expiration of Approval - Extension of Time - Revocation B. 3. There have been no changes [in] to the [facts or] applicable comprehensive plan policies and ordinance provisions on which the approval was based; D. Notice of the decision shall be provided to the applicant The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. LAND DIVISION: SUBDIVISION (pp. 388-395) 18.160.020 General Provisions A. 1. The preliminary plat shall be approved by the Hearings Officer [Commission] before...... C. When subdividing tracts into large lots, the Hearings Officer [Commission] shall...... 18.160.030 Administration and Approval Process E. 1. Schedule a public hearing to be held by the Hearings Officer [Commission] within...... 2. Furnish one [two copies] copy for the proposed preliminary plat to the City Engineering Division; 3. Furnish one copy of the preliminary plat and supplemental material to: a. The Washington County Department of Land Use and Transportation [County surveyor]; and 10/19/90 - CDC REVISION PAGE 30 4. Incorporate all staff recommendations into a report to the Hearings -Officer [Commission]. F. 1. .The Hearings Officer [Commission] shall Approve,.- approve -with. conditions, or deny, any application'. for preliminary plat. The Hearings Officer [Commission] shall...... G. The decision of the Hearings Officer [Commission] may...... 1.8.160.040 Expiration of Approval: Standards for Extension of Time A. The preliminary plat approval by the Hearings Officer [Commission] shall...... B. The [Commission] Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that: 1. No changes are made on the original preliminary plat plan as approved by the [Commission] Hearings Officer; 3. There have been no changes [in the facts or] to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. C. [No notice shall be required and the Director's decision may be appealed as provided by 18.32.310 A..] Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310 A.. 18.160.050 Phased Development A. The Hearings officer [Commission] may...... 18.160.060 Approval Standards: Preliminary Plat A. The Hearings Officer [Commission] may...... B. The Hearings Officer [Commission] may...... 18.160.080 Variances Authorized A. Variances to the subdivision regulations prescribed by this title may be authorized by the Hearings Officer [Commission], and...... 18.160.110 Appeal A. The Hearings Officer's [Commission's] action...... 18.160.120 Criteria for Granting a Variance A. The Hearings Officer [Commission] shall...... 10/19/90 - CDC REVISION PAGE 31 B. A variance may be approved[,] or approved with conditions[, or denied] provided the Hearings Officer [Commission] finds: 10-19-90.CDC/kl 10/19/90 - CDC REVISION PAGE 32 CITY OF TIGARD, OREGON ORDINANCE NO. 90-.L4;-' AN ORDINANCE AMENDING T.M.C. 10.28.130 AND. PROHIBITING PARKING'ALONG PORTIONS OF CANTERBURY LANE WHEREAS, T.M.C. 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, the Tigard City Council finds that similar parking prohibition is needed along the north side of Canterbury Lane between Pacific Highway and 106th Avenue, in order to maintain adequate street width for safe two-way vehicular travel. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: T.M.C. 10.28.130, designating the streets or portions thereof where parking is prohibited at all times, is hereby amended by adding the following: "(74) Along the north side of Canterbury Lane between Pacific Highway and SW 106th Avenue." SECTION 2: 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 till CL19%VYL(J?(,D vote of all Council members present after being read by number and title only, this day of , 1990. Catherine Wheatley, City Recorder APPROVED: This f day of V~Gerald =R. Edwards, Mayor A p ollved as to fo qt~y it • ' i Attorney qt D rw/ord-cant ORDINANCE No. 90-q2- Page 1 DISCUSSION ITEM - STUDY SESSION DECEMBER 17, 1990 COUNCIL MEETING MEMORANDU4 TIGARD POLICE DEPARM4ENI' 12 In TO: Patrick Reilly City Administrator FROM: Ronald D. Goodpaster ` Chief of Police S-fIAOY S~sS~o.J DATE: October 30, 1990 SUBJECT: Residential Parking zone OVERVIEW: The neighbors around Tigard Hick School have approached the Police Department and requested action to resolve numerous problems they are having in their neighborhoods. The problems are directly related to student parking in the neighborhoods. The complaints are: loitering, vandalism, litter, speeding cars, drug dealing, trespassing, and profane language. A further complaint has been residents are unable to park in front of their own homes. All the problems seem to stem from the numerous student vehicles that are parked off campus in the neighborhoods and used as gathering points. ACTION TAKEN: I have had numerous discussions and meetings with neighborhood groups from Avon and 88th, the school superintendent, and a school board advisory board. We have also done speed surveys and vehicle counts in the area. The speed surveys reflect that the two streets surveyed (Avon between Hall and 87th, and 88th at Avon Court) do not necessarily have an unusually high volume of traffic; however, they also show citable speeds in excess of the posted speed that correspond with school open and closing times. We also counted cars parked at the below listed neighborhood locations to determine the student use parking: Location #1 87th from Durham to Avon Street Location #2 88th from Durham to Avon Court Location #3 Stralford Loop Location #4 Martha from 92nd to 93rd Location #5 Millen from 92nd to 93rd Location #6 Alderbrook from Durham to Oak Hill Lane Location #7 93rd north from Millen Ninety-second Avenue already has a "No Parking At Any Time" zone from Durham south on the west side of the street. This was established in 1987 as a ' result of complaints of student parking. Patrick Reilly October 30, 1990 Page 2 A residential parking survey was conducted in March 1990. One counting was at 10 AM and the other at 9 PM. The results identified 70 vehicles that were k i student parked in the neighborhoods. The most student vehicles were parked at i location #1, #2, and #3. In discussions with Dr. Joki, School Superintendent, he acknowledged the problems and stated there was no money to create more campus parking, but maybe next year. He also indicated they would try to re-establish some kind of a school litter patrol in the surrounding neighborhoods. Prior to this school year starting, he sent letters to all students that strongly requested them to ! park on campus, car pool or use the school bus rather than parking in the. surrounding residential areas. t After the third week of school, the Police Department identified the vehicles of students that were still parking in the neighborhoods and sent them a letter asking for their support and requesting that they not park in the residential areas. I recently spoke before a school district advisory board that is charged with the task of whether the Tigard High School campus should be closed or not. I related to the board the related problems reported to the Police Department as a result of the current open campus and student parking problem. When asked, I told them I'd recommend a closed campus. I have also been interviewed by the school paper regarding the student parking situation and the related criminal activity in the neighborhoods throughout the school day. The School Resource Officer has been instructed to more frequently walk the surrounding neighborhood; to send the student back to school and to encourage them to park on campus. so far this school year, there are fewer cars parked in the neighborhoods; however, the number is growing. As more sophomores turn 16 and the construction on Durham ends, the anticipation is that the number of neighborhood parkers will increase. OONCLxJSION The conclusion of the Police Department is that the student parking in the neighborhoods surrounding the high school is the main factor that is causing most of the related problems. The opening of the second high school in Tualatin will probably only reduce the Tigard High School population temporarily and will not resolve our problem. i Patrick Reilly October 30, 1990 Page 3 CITIZEN RECCHMENDATION• i The recommendation fraan the 88th Street neighborhood group is to establish a Residential Parking zone around the high school and prohibit non-residential parking during certain hours, Monday through Friday. RESEARCH: The two cities with the most extensive usage of Residential Parking zones are Portland and Salem. Portland's residential zones are primarily in neighborhoods around the downtown area (like Duniway Park on Barbur Boulevard). The purpose they serve is to prevent people from parking in a free zone all day and then riding the bus to downtown. They also have a zone around Washington Park restricting non- permitted parking during the summertime from 10:00 PM to 6:00 AM. The purpose of the zone is to cut down on criminal activity in the park. The City of Salem has these residential zones primarily around the Capitol area; to cut down on rrently establishing one around North Salem High School for the same reasons we are looking at for around Tigard High School. Both programs are similar in design and are enforced by a parking enforcement division. Both are regulated and controlled out of traffic engineer departments. Portland charges for permits, and Salem's fine is $20 per violation. The City of Tualatin is presently working on establishing a residential parking zone around the new high school to avoid the types of problems we are experiencing. CONCLUSION: A residential parking zone around the high school, if accepted by the affected residents, would severely lessen the current student parking related problem. PROS: A meeting should be held, inviting all affected residents as outlined in locations #1 through #7 as listed above, and a plan to implement should be discussed with them. The preferred plan would restrict non-stickered vehicles from parking in the residential zone from Monday through Friday between the hours of 8:00 AM - 3:00 PM. The area on the west side of 92nd that is currently "no parking" would be included in the residential zone. i 1 I 1 Patrick Reilly October 30, 1990 f Page 4 i i E s The School Resource officer assigned to Tigard High School could enforce, since he currently walks these areas daily. x t An informal mail vote to all affected residents would be necessary, with at least 51% in favor of the zone before it is created. Appropriate ordinances need to be drafted and adopted. Permits need to be issued and someone needs to be responsible for the organization and running of ' the program. A recommendation would be that the School Resource Officer would enforce; permits could be issued by the front counter permit personnel, and the program F organized and run by the traffic engineer. Because of the potential for numerous requests for additional zones iui other parts of the city, it is strongly recommended that no other residential parking zones be considered for at least a year after this one is adopted. If the idea expands, plans for a parking enforcement officer will need to be pursued, as will a general philosophy that this and any subsequent residential zone should be self-supporting. I realize this is a first document on establishing a residential parking zone in Tigard. The needs to be considerable research/discussion about the ` details. The purpose of this was to identify the issues and to begin the process. f; Please contact me after you have had a chance to read this so we can discuss it. c: Liz Newton Randy Wooley of/rdgrpz N:\WORD\POLICE i i f I f i E r i f t 2 \ Q D f2 I ~n~ ~~Ita C a f1 ® a ~h 9~t4t1~! AVE. E rn r c~ m 00808 m2~ ~n O~ to 9 Mm N o° 7c ~yi OAKTRE nr i 92nd :.AVE. << LP!• s r AkDER ROOK N C > c i 9~>st AVE X A ors s M m m fA QBt4 t~ r' m cn pk. r • r ° as th ~ n 100 • orn oREOOn ~ 85 t AYE ~ I lot cn n ~ . • / g "t c 82nd z t1 I y a N O = PL. 3Ad P slit r = MU! 1 c 14 AR CT. r E; z m RIVEPIOF~ n~C ui >r THURSTON LN. rn ;D -rc f^.`^'•: ti firms r :j f.' Ma~ u ;y:, ii ~I. iiJ:•. '•nM•N~wM.ti wn n r.... ,.,,noon.....,..... ....Mac,~,.,,,^~^^~^s,~;~•;;;~.,. TIGARD TRIANGLE MASTER PLAN PRO: r 1. Make sure that zoning is correct; change it if its wrong o Prepare for development 2. Eliminate barriers to development o Increase property values in the area . o Improve Tigard's image o Increase job opportunities in Tigard { 3. Provide some assurance to property owners and potential developers on how surrounding properties will develop o Expectations of NPO #4, property owners and the EDC are that f work will be done in the Triangle t 5. A master plan could serve as a marketing tool for the Triangle, thus improving the Triangle's relative position within the suburban market. 6. Information from the study could be used to lobby ODOT on the details of the I-5/217 interchange project, regardless of the alternative selected f E 12/17/90 x 5~ ~ ~ ~e ssi v~ IQ le? C.. TIGARD TRIANGLE MASTER PLAN CON 1. Ballot measure #5 o Conserve money o Wait until a long-term financial plan is completed 2. Uncertainty concerning: o The extension of Dartmouth Street o The potential for development in the Triangle 12/17/90 t i c ' r5CuS57cl~ /17 ~r'/l~ SCOPE OF WORK t PHASE I Organization and Objectives A. Collect Existing Sources of Information 1. Tigard Triangle Traffic Circulation Study, ATEP, 1986 2. Tigard Comprehensive Plan and Community Development Code 3. Tigard Parke Plan, 1987 4. Current utilities information i.e., location and capacity of water, sanitary sewer, storm sewer. 5. Aerial photographs of the area - stereo pairs and orthophotos, both from spring, 1989. 6. Relevant inventory, ownership, valuation information for the area. 7. 1972 Triangle Plan B. Determine the study area location and characteristics by touring the area, and by studying maps, aerial photographs, inventories and other relevant data. C. Organize materials and agenda for first Planning Commission Workshop. D. Staff to provide and reorganize: 1. Base maps of the area. 2. Thematic maps of the area - zoning, existing land use, wetlands, rights-of-way, and other themes thw•-. can be created as requested. CONDUCT PLANNING COMMISSION WORKSHOP I Staff to meet with NPO #4 and brief them on the program PHASE II Available Lands Analysis s A. Assess the Triangle's position and potential in a regional context by: i 1. Define the area's strengths and weaknesses in terms of development potential. 2. Identifying major surrounding land use patterns similar to the regional assessment we conducted for Zidell/Tualatin. B. Review and analyze existing information including transportation study, drainage study, wetland inventory, parks plan, Comprehensive Plan, Community Development Code and other applicable material. C. Organize the information into two major components: 1. Natural Features i.e., slope, significant vegetation, watersheds, hazards, etc. 2. Existing/Expected Land Uses i.e., residential, commercial, industrial, major utilities, expected transportation improvements, etc. Each of these components will be summarized in a diagram that describes the relative availability of all land within the Tigard Triangle. Specifically, each parcel will be identified under one of the following categories: Available Land Available Land with Re7strictions Unavailable Land These categories will provide a "hard/soft" determination for all properties. D. Identify a framework with the assistance of Staff for preparation of the development scenarios. The framework will identify the criteria that can be utilized for evaluating the scenarios in Phase II and determine the assumptions that will be utilized for the Scenarios. MARKET OPPORTUNITY WORKSHOP ; At this point we will conduct a 1/2 day workshop utilizing the services of Wally Hobson from Robert Charles Lesser i i t Company, one or two other brokers or regional developers and r. staff. f The Market Evaluation Workshop will indicate what land uses are possible in the Tigard Triangle. In the workshop we will examine the overall potential of the area for commercial, residential, and industrial uses at varying densities in a t 10-year time frame. This information will be used in t generating realistic feasible land use options. I PHASE III Alternative Scenarios A. Describe possible patterns and types of development that may occur in the Triangle utilizing the scenario framework from Phase II. B. The scenarios will illustrate alternate visions and include: 1. Land Uses 2. Densities 3. Circulation Patterns 4. Major urban design elements that contribute to defining a Vision such as gateways, open space, massing, intensity of use, etc. CONDUCT PLANNING COMMISSION WORKSHOP #2 ° Review the scenarios with the Economic Development Committee, and Chamber of Commerce. PRESENT THE SCENARIOS TO NPO #4 Review the scenarios with NPO #4. MARKET EVALUATION WORKSHOP ° Following these reviews we would conduct a second 1/2 day Market Workshop with Wally Hobson. The purpose of this workshop would be to evaluate the final scenarios and the public comments relative to the likelihood of their occurring in the market. At this time City staff will provide an evaluation of traffic impacts and rough C costs for public facilities. Staff will need a minimum of 3 weeks advance notice to prepare this information. PHASE IV Evaluation and Implementation Assessment Based on comments from the reviews we will proceed with an evaluation and assessment of the "most likely" scenarios. These may be a combination of or a modification of the earlier scenarios. A. Determine what public improvements are needed and the general magnitude of public expenditure necessary for each scenario to occur. B. Identify advantages and disadvantages of each scenario. C. Describe what effect each scenario will have on Triangle characteristics and on the surrounding area. D. Describe the public and private roles for each scenario. E. For each development scenario, create a presentation graphic that visually represents typical elements of each scenario. This artwork should be large format and use color to stimulate vision of a developed Triangle, and of j similar style to allow for scenario comparison. f F. Preparation of a draft report incorporating the following: i o Describe methodology and assumptions for determining chosen scenarios I o Describe elements of each scenario, reasons for their occurrence, prerequisites for occurrence and limitations o List public improvements required for each scenario to occur and estimate the general magnitude of their cost o Summarize key components of each scenario and identify public choices differentiating components and scenarios contrasting probable outcomes o Create a small format graphic depiction of typical elements of each scenario o Work closely with City staff, with staff review of working copies o Submit 40 copies of the draft i PHASE V Review and Adoption A. The review and adoption process will include final reviews with the Planning Commission and NPO #4 and a selection of a preferred Scenario by the Planning Commission for recommendation to City Council. CITY COUNCIL MEETING o Present preferred scenario to the City Council B. The final report will include a preferred alternative based upon citizen involvement. The final report shall include a cover design and include an acknowledgement page, a table of contents, reduced graphics, and a s bibliography. i t Prepare and submit camera-ready originals of an executive summary and the t final report as well as all artwork and other products that have been produced' as part of or in support of this project. k j~ 1 br/JA:SCOPE.Rpt € f E F i t p i MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Patrick J. Reilly, City Administrator DATE: November 30, 1990 SUBJECT: Triangle Study I hereby ask Council to discuss, during the December 10 Council meeting, the need to pursue the Triangle Study. I have attached excerpts of the proposal for your review. I recognize that Council consensus is to delay such a project, pending completion of a long-range community financial strategy. However, upon reflecting on our discussion on this subject, I would like the opportunity to restate the need for the Triangle Study and its timing. t I believe several factors support the need to pursue the Triangle Study now: 1. We are proceeding with Dartmouth and need to be prepared for the resulting development activities. i i 2. The study focuses on land use and seeks to identify obstacles to development. 3. Information from the study could be used to lobby ODOT on the details of the I-5/217 improvement, regardless of the alternate selected. 4. The study has been discussed and anticipated for a long time. Further postponement would continue the uncertainty about how the area will develop. 5. Postponement pending the formulation of a long-range strategy - which will require some time - might mean lost opportunities. For example, a possible recommendation is that multi-family zoning be incorporated in the Triangle. By way of this recommendation, density could be shifted i from other parts of the community to the Triangle. I look forward to revisiting the issue. prc1130 i i COUNCIL AGENDA ITEM 14EMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator / DATE: December 13, 1990 SUBJECT: COUNCIL CALENDAR, January - March 191 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. January '91 1 Tue New Years Day - City Offices Closed *15 Tue Council Business Agenda (6:30/7:30) - State of the City Address; Executive Summary; Election of Council President; Employee Service Awards & Reception 16 Wed Eggs & Issues - (7:30 a.m.) - Elmers 21 Mon Martin Luther King, Jr. Day - City Offices Closed *22 Tue Council Study Agenda (6:30/7:30) *29 Tue Council Business Agenda February '91 *12 Tue Council Business Agenda (6:30/7:30) 18 Mon President's Day - City Offices Closed *19 Tue Council Study Agenda (6:30) 20 Wed Eggs & Issues - (7:30 a.m.) - Elmers *26 Tue Council Business Agenda (6:30/7:30) March '91 *12 Tue Council Business Agenda (6:30/7:30) *19 Tue Council Study Agenda (6:30) 20 Wed Eggs & Issues - (7:30 a.m.) - Elmers *26 Tue Council Business Agenda (6:30/7:30) cccal Council Calendar - Page 1 r COUNCIL AGENDA ITEM 3.3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 12/17/90 DATE SUBMITTED: 12/6/90 ISSUE/AGENDA TITLE: Authorize PREVIOUS ACTION: None quitclaim deeds for existing sewer easements / PREPARED BY: Keith Liden DEPT HEAD O CITY ADMIN OK / / REQUESTED BY: POLICY ISSUE Shall the City quitclaim its interest in an existing sewer easements located in a portion of the Tigard Market Place property at 23500 S.W. Pacific Highway? INFORMATION SUMMARY In 1966, a 10 foot wide sewer easement was deeded to the City of Tigard by the previous owners of what is now the Tigard Market Place shopping center. A sewer line was subsequently installed in this easement. When the shopping center was developed in 1988, this line was abandoned and a new easement was dedicated and a new line was constructed. The abandoned line and easement are now partially covered by the buildings on the site. Since this portion of the line will never be used again, it is proposed that the easement be vacated. Attached is a map of the property and the location of the easement and a resolution to vacate the easement. ALTERNATIVES CONSIDERED 1. Approve the attached resolution 2. Modify and approve the attached resolution. 3. Deny the request and direct staff to prepare a corresponding resolution. FISCAL IMPACT SUGGESTED ACTION Approve the attached resolution. TIGMKT.SUM/kl CT. D S.WI MIR S ( r ALL • y Z - 9S'. -Al -CO O m 9RK P a Z SA N Zo v S.w. /L+ a 107th AVE. ° ` ~ r CT o n 0 0 S.W. 105TH SW. Z WATKINS rb~ / AVE. C W / - NS.W. 104 TH AVE . ZN At. g ~ Cl) AVE. L~;S =F- D5 O G) M~ om> -1 4 (Private) S yy, t02 nd 4'D~ M 00 ;I ~ 0 LN. AVE. ~ ~ i~ y Fq, AVE. LU S 9 n~ ~ bd~ ~F S.W.A+z y u 5 v VIEW CT. m S.W. 98th w y y 'A,yG~ S. W. 90th C AVE. m . . .k~_ ..:,r..en• ,......R, . rnrn•;..-n•..-r,~,.w.-»a•R-.,,~.w -.•.dq-re,...-..-^^r • ~S to ~UG~ti+ CITY OF TIGARD RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING PART OF A CERTAIN EASEMENT FOR SANITARY SEWER LOCATED ON PROPERTY LOCATED AT 13500 S.W. PACIFIC HIGHWAY. WHEREAS, in 1966, the City of Tigard was granted, by Peter J. and Dorothy J. Galante, Fred S. and Pauline J. Olsen, Fred J. and Charlotte K Shrier, and Charles E. and Alda Irene Stearns, a sewer easement on property that is located at 13500 S.W. Pacific Highway (Tigard Marketplace shopping center) for the purpose of building and maintaining a sewer line; and WHEREAS, the sewer line was constructed but later abandoned by the City in conjunction with the development of Tigard Marketplace shopping center in 1988; and WHEREAS, the present owner, Portland Fixture Limited Partnership, wishes to vacate the sewer easement associated with the abandoned portion of the sewer line; and WHEREAS, the Tigard City Council finds that there is no longer a need to retain that portion of the easement which coincides with the abandoned portion of the sewer line; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1. The City of Tigard hereby vacates the portion of the easement that coincides with the abandoned sewer line located 13500 S.W. Pacific Highway and described in the property . description and map which are attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2. Further, the Tigard City Council hereby authorizes the City Administrator to sign a Statutory Quitclaim Deed vacating a portion of the easement. A copy of the deed is attached hereto as Exhibit "B" and inincorporated herein by this reference. PASSED: This day of December, 1990. Mayor - City of Tigard ATTEST: APPROVED AS TO FORM: City Recorder, City of Tigard City Attorney, City of Tigard Date TIGMKT.RES1k1 RESOLUTION NO. PAGE 1 WESTLAKE CONSULTANT'S iNc. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0632 Fax: 503 624-0157 Tigard Marketplace Sanitary Sewer Abandonment Project No. 273-10-90 December 4, 1990 PROPERTY DESCRIPTION A strip of land situated in the S.W. 1/4 of Section 2, T.2S., R.1W., W.M., City of Tigard, Washington County, Oregon, being a portion of those easements granted to the City of Tigard for sanitary sewer purposes, recorded in Book 617, Page 593, Book 617, Page 596, and Book 619, Page 185, Washington County deed records and being more particularly described as follows: A 10.0 foot wide strip of land being 5.0 feet on each side of the following described centerline: Beginning at the southeast corner of that tract of land conveyed by deed to Roland and Mary Ingalls, recorded in Book 270, Page 455, Washington County deed records; thence, along the southeasterly line of said Ingalls tract, North 50°28'48" West, 90.00 feet to a point in the center of an exist- ing easement as recorded in said Book 617, Page 593, Washington County deed records; thence, along the centerline of said easement, South 11°35'23" West, 15.00 feet to the true point of beginning; thence, continuing along said centerline, South 11°35,23" West, 195.35 feet to an angle point; thence, continuing along said centerline as recorded in Book 617, Page 596, South 9°33'51" West, 134.01 feet to an angle point; thence, continuing along said centerline, as recorded in Book 619, Page 185, South 28°09'28" West, 329.56 feet to a point on the south line of that tract of land conveyed to Fred and Charolette Shrier, recorded in Book 192, Page 277, Washington County deed records, said point being 347 feet northwesterly from the southeast corner of said tract and being the terminus point of said centerline. 2-273-10.1d Hilltop Business Center, 7140 S.W. Hunziker. Suite 204. Tigard, Oregon 97223 Exhibit "A7 STATU'T'ORY QUTTCLAPM DEED (EASEMENT VACATION) The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon, GRANTOR, releases and quitclaims to Portland Fixture, a limited partnership, GRANTEE, all of GRANTOR'S right, title, and interest in and to the following described real property, situated in Washington County, Oregon as described in Exhibit "A' and incorporated herein by this reference. Said easement encumbers the GRANTEE'S real property descri"3ed in Exhibit B" and incorporated herein by this reference. The true consideration for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS RISTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of . 1990. CITY OF TIGARD, OREGON By. Patrick Reilly, City Administrator STATE OF OREGON ) ss. County of Washington ) . 193;, Personally appeared Patrick Reilly, who, being duly sworn, did say that he is the City Administrator of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City by authority of its Council, and he acknowledged said instrument to be its voluntary act and deed. [NOTARIAL SEAL] NOTARY PUBLIC OF OREGON My Commission Expires: i NO CHANGE IN TAX STATEMENTS AFTER RECORDING RETURN TO: Kenneth M. Elliott Attorney at law O'Donnell, Ramis, Crew & Corrigan 1727 NW Hoyt Street Portland, OR 97209 i PAGE 1 - STATUTORY QUITCLAIM DEED F Exhibit "Er p . ~n a Cl .W._....~~~_~. . . _ _ 1 1 1 III III. 1, 1, I I L. I lTf I' I I I I I I T I I I I V I I I _ ~ II1 4 1 III I I III ~ I III III IIIf iII III III Illjih ~~.I ~I ! [.I I I In ~ I I Jtl_I I I I I~nIlllllllf(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TIIIIIIIIIIIIIIIIIIIIIIIII II111 ' , - ~ 1 I , NOTE: IF THIS MICROFILMED ~ ' . ' Z 3 4 _ 5 ~ 6 7 8 8 f0 I I _ .12 ` ~ DRAWING !S LESS CLEAR 1HAN I I. ~ i~ ` THIS NOTICE; IT 1S DUE~TO t TFE WALITY OF TFE ORIGINAL . , _ ~ DRAWING. . S.<i . s OE 6Z 8Z LZ 9Z SZ, bZ EZ ZZ IZ OZ 61 BI 11 91 SI' bl EI ZI II 01 6 8 L 9 S 6 E Z I"'" ' ''I' ~I f 'I d!IIIIIINIIIIRIIHIIIuuIWIIIIIIIIIIIIUIIIIIIlIlI111111~II1U1011~IIIIIIIlI011IIlilIIHIII111IIIIIIIItIIIIUIILIIII~I~AII, I IIIIIAIRIUII JIIiIIIIIIIIIIIIIIWIIIIIIUIIIIIIIIIUIOIIIWLLllIWIIIIIHIuHINIIIIIIIIIIIIIJLllI1WWll1111II111IWWWllIllJIWWy~lllf e ~ tJ:r. ~E~RUARY I> ; ~ . ,~n;, _ . _ TIGARD MARKETPLACE A tract of land being a portion of the George Richardson Donation Land Claim No. 38, situated in the Southwest one-quarter, Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the Southeasterly corner of that tract of land as conveyed to Heinz Sauerberry recorded in Book 1200, Page 556, Washington County Deed Records, said point also being the Southwest corner of Lot 8, BEREA, a plat of record; thence, along the West line of said BEREA plat and also the West line of CRESMER HILLS, a plat of record, North 0°43'30" East, 892.71 feet to the Southeasterly corner of that tract of land conveyed to Roland and Mary Ingalls, recorded in Book 270, Page 455, Washington County Deed Records; thence, along the Southwesterly line of said Ingalls tract and a Westerly projection thereof, North 50°28'48" West 328.15 feet to the most Northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records, said point being 48.0 feet, when measured at right angles, from the centerline of Highway 99W; thence along the Northwesterly line of said Tigard East Associates parcel and parallel with the centerline of said Highway 99W, South 34°23'38" West, 391.12 feet to a point opposite Engineers Station 128 + 30 of said Highway 99W; thence continuing along said Northwesterly line, South 7°49'44" West, 29.07 feet to a point that is 61 feet opposite Engineer's Station 128 + 56; thence South 27°26'27" West, 82.61 feet to a point that is 71.0 feet opposite Engineer's Station 129 + 38; thence South 59°57'14" West, 25.50 feet to a point that is 60.0 feet opposite Engineer's Station 129 + 61; thence South 34°23'38" West, 91.00 feet to a point that is 60.0 feet opposite Engineer's Station 130 + 52; thence South 39°15'02" West, 153.55 feet to a point that is 47.0 feet opposite Engineer's Station 132 + 05; thence South 18°41'07" West, 33.24 feet to a point that is 56.0 feet opposite Engineer's Station 132 + 37; thence South 30°28'32" West, 73.17 feet to ca point that is 61.0 feet opposite Engineer's Station 133 + 10; thence South 83°32'03" West, 15.61 feet to a point i of intersection with the Northwesterly projection of the Southwesterly line of that tract of land as conveyed to Sherman E. Lee recorded in Fee No. 80-23996, Washington County Deed Records; thence along the Southwesterly line of said Lee tract and its Northwesterly projection and also the Southwesterly line of above stated Sauerberry tract, South 53°38'52" East, 633.24 feet to a point on the North line of FRELEON, a plat of record; thence along the Southerly line of said Sauerberry tract and the North line of said FRELEON.plat, North 89°32'42" East, 228.71 feet to the point of beginning. E i Od'ibi$ "B" y ~n a . a , ....~.w_~~_:___..._LL . . , ,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i l I l l l l f f I III 1 1 T'1 I I I I _ ~n1I1 I I I I I I I I I I.il.Ia.lLl-! I I I I ILI IT~TT)-~C>'I ~ ~ I L.I1 I ~ I,~I~Illr~ni IIIIIIr~IIII,I 1,11111 11111111,11111 Illlfjl 1111111 1,11111 1111111 ryllln ~°~-~'~-~^"~.~.-*_e~-c.~_~-, I 1 I L. I .I I I , . . _ I 2 3 4 _ 5 `6 7 8 9 0 II l2'; _ NOTE: IF THIS MIC~FILMED ~ DRAWING IS LESS CLEAR THAN THIS NOTICE,-IT IS.DUE~ TO I. THE QUALITY DF TFE ORIGINAL ~ , _ DRAWING. i , _ _ ~ ~ . 1' OE 6Z BZ LZ 9Z SZ, 42 EZ Z2~Z OZ 61 81 LI 91 51' bl EI ZI II OI 6 8 L 9 S 4 E Z IH■+~' I ''I' t ~MIIu111uuI1R11uuluuluu11R11uuII11111111I111111MIluuluullluluulalllMllII111IIIIlIII~f1IIIIIIIIIIUIIIplllltlpYt]IIIIIIIIIIAII UI NiIli1111111IIIIlIll~lll~(IIIIIIIIIIIIIIIIIIIWIIl1llWllluulRMI1111IIIIlIIIIIIJl1llI11WlllllllUI1111II~Ill11 t! , !non'{ JL ~~iV nn~'(( '1'. ~ ' ~~iV ..~~.9 n. . . - JJ ~ _ _ m s~f~ aAl'p'C ~'n 9 Q ' m $9°6p 1°k~Q~ sce.fL ~ sle"'r,N o D s~GU 12' sioEUw.K SIGN R ~g S8 fc i1i r- r 9 ~ ~ b 07$~Igr~ 3 0 `yg 3 391. ~ _ -nu. L,. ~/tD nmeuW( T9E. ~C l 01fL ~ ~ ~fA""~- - - ' ti wn~ ® Gv.r 39°1 '02• fwx 338 ('28 ~ ' f fL ~ fL fU Wn 2~ N 0 153,55' valve TuFar fL 91.0 0 tr 1, N ! 54.00' Av' f ,,•,R R siGN F.u. 43.00' : ~ 2.61 A Puce wN ~ ~C° - - Gv. I S.V. 10 ul ~L.T J fG Lt W.V. '~6. V d 6" b FL f0. / ~ ~ s,6.00~ rc 9 ~ b ~ / / CONC. APRON I ' 1R 1 ro m PAD ~ v~ ~ b/ I/ w.M G 12134' I j o ~ d a o ~ n n c o Q n ~ ,t Aara+ 4 W o o Q A r,D n ~ Is.~ ~ n / n w , a ~ $ zs~v A © ~ hG.G 135.% I , 5336' ri 'ate ~ ° / ~ / l2 I I i cfu fL 60.00' C3 ~ ~ ~ tE ©~L o aR~ fc ~ ~ ~ / ~ P h FG ~ e,o ~ ® Liq 8 9NC~1 ft ~ ~ hD ~ - iRAIJS. LT. / / o- I III fL fL ~ fL fL llD. fL fL / / L~ / ~ I 8 4 fL b fL 0 4 fL 8 4 fL 8 4 / fc~ e ~ ° ~ I I Z 9 / I ~ h 3 ruL / P I ~ P' 'h I I i I ~ ~ ~ /~`L o- o- I IE / . L- ~ -0 I + / P / \ n I N ' r ~ ~ ' V m 120.00' ,ay!s : , ail N / / / fL F.C. ~ Q /~V ~ ~ ~'LIL Q Q 0 MAILBOKe9 f FL 2 ~ ~ ~ TRM9 i ~ A ~ ~ ~ 140.00' ® IL I vAlY.r FL Z ~ b 4 ey i ~ / FG \ 5~0 l' G'~ lP t LT. L fL fL • 8 ~S '^~G '1,Ji~ ~ ~ .W' VT r 8~ ,L 81 4 fL p 8 4 ~S o, p L' / r c3 M°H o ' i's~ i _ ~ ~ LANDING , / , / / ~ AT DOOR till fL ~ ~ - f-~~ ~ ~ ~ ~ -k-' ~G~ - w.. G~ PAD9 atirL o ~9 fL a - ~qSL- /ItiG NT / I u++ _.~I)b' _ ~ 61.90' ~ CONC. SIDEWALK 40 A DJOR ,09 .L ~ BOUNDAR7 PER TRANSA - tw o n 'INS. CO. TITLE REPORT N' - m Fy Gy, IrtIL 6938' S 68.14 I vAl1Li / Fa aeM eLecr. TICARD MARKETPLACE :vlceveulc~s sue' .a e-Gn TRANS. 3 x+Lr$ICO! Ss ,tip F~ 'F'-E ~~,BOUNDARY PER LOT LIN JU i 12/i7/90 AGENDA # 3.°, y~ RISER E AD STM, _ _ N 1 DF 1 '0 wv ~f°',,D,n D ~yj tiF~ 5 O CONC. PAD G.V. 9 ..mw~;...._.~oe.,, 11 III 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I f I I 11111 I T'1~1 111 II 111 III 11 ~~I III 111.' II I I I I I I I I I 1111 111 I I 1 1 1 1 1 1 111 III 111 111 1 1 611 •.'@~~~+Y'""""'~' ~~~~"~er~~~ , , ~I ~iILIIII~IJLI111~_I~IIIII~I~T~-~Ifi~If.~IL.1 I_,~~..:► I ~ ~ I ~.IIJIIIIIII~ I III 1~1~ ~ I X11 ~ ~ I 2 3 4 _ 5 6 7 8 9 10 II 12 ' ' NDTE; IF THIS MICRDFlLMED 1 _ - DRAWING IS LESS CLEAR 1HAN ~ 1 THIS NOTICE,-IT IS DUE~TD - - - THE QUALITY OF TFE ORIGINAL f ~ DRAWING. _ . . Q7 i OE 6Z BZ LZ 9Z SZ bZ EZ ZZ IZ OZ 61 EI 11 91 SI' bl EI ZI II OI 6 B L 9 S 4 E Z IN•L"' I' ; , J!I m161RI~R~11111L~IdIRIhU11U1~uuhlulnd~~u6101WIL101111JuullillllllllllBII11~IIIlIIIIIIIUIRIIIIIIIIfN~III 11111110 III +dIIIIilIII11I1111III~I111~IIIlIIWI1111IUII~WIIW~llIILuIIInIIuIIIIIIIIIIIII)WII1WIIll11111li1luWUllUIIIUII luu 1 - - x.,. F{ p n A~ ~ ~ e ARY . ~ _ ~ _ _ _ .__m.___, ~ _ COUNCIL AGENDA ITEM:_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 17, 1990 DATE SUBMITTED: ISSUE/AGENDA TITLE: Parkins on PREVIOUS ACTION: Canterbury Lane 14 . AI PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK % REQUESTED BY: POLICY ISSUE Shall parking be prohibited on a portion of Canterbury Lane? INFORMATION SUMMARY Recently, we have received calls from residents concerned about parking on Canterbury Lane. Apparently, there has been a recent increase in on-street parking. When cars are parked on both sides of the street, the street is reduced to one travel lane. Due to the steep grade of Canterbury Lane and the sharp curve near 106th Avenue, there is concern about safety when parked cars narrow the street to one lane. Residents are especially concerned about potential safety problems during winter ice or snow. In November, a letter was sent to the owners of all properties abutting Canterbury between Pacific Highway and 106th Avenue, inviting their comments on a proposal to prohibit parking on the north side of Canterbury Lane. As of December 6, all responses received have been in support of the proposed parking restrictions. Attached is an ordinance which would prohibit parking on the north side of Canterbury between Pacific Highway and 106th Avenue. This is the portion of Canterbury having the steep grade and sharp curve. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance. 2. Amend the ordinance. 3. Allow parking to continue on both sides of the street. FISCAL IMPACT 4 t Approximately $500 for signing if the ordinance is approved. SUGGESTED ACTION i Staff recommend approval of the ordinance. 4 C- rw/np-cant2 f COUNCIL AGENDA ITEM: CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 17. 1990 DATE SUBMITTED: ISSUE/AGENDA TITLE: Renaming of PREVIOUS ACTION: Atlanta Street to Haines Street PREPARED BY: City Engineer DEPT HEAD OR CITY ADMIN OK REQUESTED BY: POLICY ISSUE Shall Atlanta Street be renamed to Haines Street? INFORMATION SUMMARY On December 4, 1990, the Planning Commission recommended that Atlanta Street be renamed to Haines Street. The attached staff report provides additional background information. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance renaming Atlanta Street to Haines Street. 2. Direct staff to prepare a resolution rejecting the recommendation of the Planning Commission. FISCAL IMPACT Minor costs of revising maps and street name signing. SUGGESTED ACTION c Staff recommends approval of the attached ordinance. rw/haines-4 r; CITY OF TIGARD, OREGON AW, ORDINANCE NO. 90-'L/3 AN ORDINANCE CHANGING THE NAME OF ATLANTA STREET TO HAINES STREET t r t Whereas, the street shown in the plat of West Portland Heights as f First Street is currently shown on the official maps of Washington County as Atlanta Street; and Whereas, said street is commonly known as Haines Street; and, Whereas, the extension of Atlanta Street to the east is named Haines Street; and Whereas, the Planning commission has recommended to the City Council that Atlanta Street be renamed to Haines Street; and, Whereas, in accordance with ORS 227.120, the City Council held a hearing on the proposed renaming at the regular meeting of December 17, 1990; and, Whereas, notice of the hearing was given in the Tigard Times within the week prior to the week in which the hearing was held; and, Whereas, the City Council finds that renaming of the street as recommended by the Planning Commission is in the best interest of the City in order to reduce confusion and provide uniformity of street naming. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The street shown as First Street in the plat of West Portland Heights, as recorded at page 55 in Book 1 of the plat records of Washington County, Oregon, is hereby renamed as Haines Street. Section 2: The City Recorder is hereby directed to file certified copies of this ordinance with the County Clerk, the County Assessor, and the County Surveyor of Washington County. ORDINANCE No. 90- Page 1 AM' Section 3: 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 vote of all Council members present after being read by number and title only, this day of , 1990. Catherine Wheatley, City Recorder APPROVED: This day of , 1990. Gerald R. Edwards, Mayor Approved as to form: City Attorney rw/haines-3 ORDINANCE No. 90- Page 2 PROPOSED STREET NAME CHANGE FROM ATLANTA STREET TO HAINES STREET Request Attached is a petition to change the name of Atlanta Street to Haines Street. The street location is shown on the attached map. Background The right of way for the street in question was created in 1890 by the plat of West Portland Heights. In the original plat, the street was named First Street. Subsequently, the street names in the area were changed. Currently, the street is shown in the records of Washington County as Atlanta Street. A review did not disclose when the street was renamed. However, the office of the County Surveyor indicates that Atlanta Street has been the official name for over 50 years. The street extends from I-5 to SW 70th Avenue. The portion of the street west of SW 69th Avenue is platted but has never been developed. Atlanta Street aligns with the crossing over I-5. The crossing and the street to the east are known as Haines S'creet. As noted in the petition, the residents and business owners along Atlanta Street have used the name Haines Road in their addresses for years. When 68th Parkway was improved in 1986, street name signs were installed. The signs reflect the official name of Atlanta Street, causing confusion as noted in the petition. Process State statutes at ORS 227.120 provide the procedure for renaming streets. Under the prescribed procedure, the Planning Commission shall recommend to the City Council the renaming of any existing street, if in the judgment of the commission the renaming is in the best interest of the city. Upon receiving such recommendation, the Council shall hold a public hearing. Following the hearing, the Council may rename the street in accordance with the recommendation or may reject the recommendation. Staff recommendation Staff suggest that the Planning Commission recommend to the City Council that Atlanta Street be renamed Haines Street. The renaming will eliminate existing confusion between the legal name and the commonly used name of the street. Further, the renaming will bring the formal street name into agreement with the street name used in Multnomah County to the east and with the street name used on the State highway signing on I-5. ~^o Upon city council approval of the renaming, the name will be changed on all official maps and street name signs in the area will be revised. rw/haines-2 C. I STREET NAME CHANGE PETITION The following individuals/firms respectfully request that the one block long S.W. Atlanta Street that extends west from the intersection of S.W. 68th Parkway and Haines/Atlanta Streets be renamed to its previous name of S.W. Haines Street. Both of our firms have used this business location and the address of 6900 S.4. Haines St. for over twenty years. All of our business correspondence, letterheads, advertising, business cards, and related materials also reflect this address. The confusion caused by the unexplained name change Haines to Atlanta) has been very disturbing, especially to our many business clients and delivery persons or members of the general public who attempt to locate our offices based on our long- standing address of 6900 S.W. Haines St. The street signs at the inter- section of S.W. 68th Parkway and Haines St./Atlanta St. are very confusing to first time visitors. As they approach the intersection at S.W. 68th Parkway, the signs direct them to Haines St. in an easterly direction. Unfortunately, following these directions, our visitors wander through residential neighborhoods and end up on dead-end streets. Accordingly, we request that the City of Tigard Engineering Department resign the intersection at S.W. 68th Parkway to clearly show that S.W. Haines Street continues in both an easterly and westerly direction and accordingly, eliminate the sign for S.W. Atlanta Street. We also request that the sign at the corner of S.W. 69th Street and Atlanta Street also be resigned to indicate S.W. Raines St. Thank you for your attentiin to this matter. Sincerely, 'Yr~vAl', (,C) Michael W. Unger, Presilien Engineering & Design Associates 6900 .S.W. Haines. St. Portland, OR 97223 Mr. Robert Crumpton, Executive Secretary Oregon Education Associatic•n 6900 S.W. Haines St. Portland, OR 97223 PN&e'__ Address Name Address LL L C~ w_..~.~.~ v _ ~~.._...~...~.w,...rMw_..._m~..~...:_ _ _ IIIII~IIIIIIIIIIIy~I~III~,IIUII.I!VJlllllltlllll!IIIIIIIThTtljn(d~lln~!n~IIT[nI~Inlll, ~Ilflll ilfl~l Iryllll Illlli IIIIIII illllll IIIIIII IIIIIII TIIIIIi IIIIIII IIIIIII rylllli 2 f I I I'. 1 I I I .,I I NOTE: IF TN1S MICROFILMED - 3 4 _ 5 6 7 8 9 IQ II IZ', DRAWING IS LESS CLEAR TNAN I IMIS NOTICE; YT IS-DUE~70 THE.WALITY OF TFE ORIGINAL ~ _ ~j DRAWING, i OE 62 BZ LZ 9Z SZ ~ bZ 6Z ZZ IZ OZ. .sr _ _ i _ _ I BI L 91 SI bl EI ZI II OI 6 8 L 9 S, 6 E Z IN'+~ I 1 ~tll IIIIIRII uNllw uuluu nuINIllUlllllll.nNIWIIuuIIIR(uuLwluuluilluuhWIIIWUnIilgllllluUllOtIi~IIIIIIIIIIIIA) IIII UIIIIOINpIIIIIIIIWIIIIIIIUIIWIIIIlI111~W1~IILuIlunllndllnllllllllWlllUlLlGllUI1111IIWWtllllll i' j ~aA.. , y~ is ~E~RUARY_ ..x~~ t ~ ,r,„~.,. .~p,,Y, SE I/4 SE I/4 SECTION 36 T I S RIW WM, WASHINGTON COUNTY OREGON IS 13E SCALE I"= IOO' ~ H 1 SEE NAP z w.3DD°44. 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I.._ L_. ~ I C I III I I I I 1 I I.,I 1 1 1 1 1 1 ~ . - ~ J I I I ~ _I _ I 2 3 4 _ 5 6 7 8 9 0 I I 12': - ' NDTE: IF THIS MICROFILMED I DRAWING Is LESS CLEAR 1HAN ~ THIS NOTlCE,'IT IS DUE TO ( ` r. THE QUALITY OF THE ORIGINAL ~ ~i DRAWING. ? ..---T ~ °:1 OE 6Z 8Z 1Z 8Z SZ bZ EZ ZZ IZ OZ 61 BI LI 91 91' bl EI ZI II OI 6 B L 9 5 b E Z Ii1YO" ' ~ !r. • ~ 11lIIURINNI~~NIHN61NINU6N~IIIRIuIllluilaH6NINNIWI~U11UI1WNIniduullW6lLllllllluulll5111t1~lllllilill111 uuHIJ III pIIf111111IIIIlIII~IIIIIIIIIIIIIlIl11111111~811111W8UINIIINNIIIIIIIIIIIIIIIIJllWJlWIW111111118111llIIIILIllIIWllWllllt rF~ .tee . R 1 EE~RUA Y- { _ _ , COUNCIL AGENDA.ITEM_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 17, 1990 DATE SUBMITTED: December 11 1990 ISSUE/AGENDA TITLE: Appeal of Subdivision PREVIOUS ACTION: H.O hra. on 9/28/90; Approval SUB 90-0010 (Castile) On appeal, Council continued hra. for further staff analysis. PREPARED BY: Jerry Offs Asst. Planner DEPT HEAD OR CITY ADMIN OK REQUESTED BY: Ed Mu h Comm. Dev. Dir. OLICY ISSUE Should the City Council overturn or modify the land use hearings officer approval for a six lot subdivision located at 14380 SW 97th Avenue? At issue is Comprehensive Plan policy 8.1.1 which requires the City to plan for a safe and efficient street system. The approved subdivision would provide for a dead end private street in an area where there is an apparent need for a public street connection between SW 97th Avenue and a developed area to the east. Also at issue is the proposal's compliance with Plan Policies 7.1.1 and 7.2.1 which require that new developments be provided with drainage to an adequate public storm sewer system or alternatively for all storm drainage from the development to be handled on-site with no adverse off-site impacts. The approved subdivision would provide for an on-site storm drainage diffusion trench instead of the storm drainage being directed to a public storm sewer or a natural drainageway. Should the Council overturn the decision because other development options for the property and neighboring properties may provide for a street and utility network that would better serve public interests? INFORMATION SUMMARY The land use hearings officer approved, subject to conditions, a request for Subdivision approval for Jim and Audrey Castile's proposed six lot subdivision. NPO #6 appealed the September 10, 1990 decision citing concerns related to sanitary sewers, storm drainage, street location, allowance of a private street, and a general concern with regard to the -)attern of development in the area east of SW 97th Avenue and north of Twality Junior High ichool. The Council reviewed the hearings officer's decision in a public hearing on November 5, 1990. The applicants' engineer submitted a revised preliminary subdivision plat in response to the hearings officer's decision's conditions of approval related to lot sizes and dimensions. The Council continued the hearing until December 17, 1990 and requested that the staff prepare responses to the following: 1. Does the revised plat satisfy minimum lot size and dimensional requirements? 2. Will the proposed stormwater diffusion trench provide for adequate disposal of storm drainage from the proposed subdivision and private street? The applicants' engineer was to provide staff with further information on the diffusion trench. 3. Will the proposed private road preclude or severely limit opportunities for a needed public street connection between SW 97th Avenue and a developed neighborhood to the east? Are there better development options for this entire area than the options that would remain if the subdivision is developed as proposed? Staff finds that the six lots as shown on the revised preliminary plat satisfy the 7,500 square foot minimum lot size of the R-4.5 zone. It appears, however, that the proposed lot line between proposed lots 1 and 2 will continue to create a rear yard setback violation for the house on lot 1. It appears, however , that this lot line can be modified in order to comply with the setback requirement without negatively affecting the size of the lots. Such adjustments are typically allowed to be made between the approval of a preliminary plat and the submittal and recording of a final plat. The attached memorandums address the second and third questions. In addition, the applicant has submitted two maps showing how the two parcels to the north could be developed if the subject property is developed as currently proposed. Those maps are also attached to the `econd memorandum. i 2e'+it~ie~~s:Y;..6Y.71:rtrti ' ' s:C,xjL,....erso..Ssa#::sin:ceeurS:U:,-n.~.w.riiw,r..i:,,:::i.,isw..:a::s~:u. n.:,o.~a.~.:.:.;a'.x:+[..,.::....e.:co:..,.:..arswi.ca..r:Snu(~;r.ul,..,..:.::..w.,.....,;;,,:::....sH.:,.,...~+sure..:....~:ars:u,.:_.~xu•:.~sii,:..:~xr 5•. s r Staff has reviewed the area development options for buildability with respect to Community -,evelopment Code' requirements. All options appear feasible within the Code's constraints Ar- .lthough some somewhat unusual lot configurations may result under some of the options. Wide, shallow lots would be formed for all of the lots on the parcel just north of the applicant's parcel under the Castile map one option. All other options also would result in a wide, shallow lot in the southeastern corner of this parcel unless the parcel is developed in conjunction with the Castile parcel. Without a full development plan, it is not possible to determine whether the staff generated options would necessitate flag lot creation. Flag lots are generally discouraged in the subdivision process. ALTERNATIVES CONSIDERED 1. Affirm the hearings officer's September 10, 1990 decision. Direct staff to prepare a final order. 2. Approve the proposed subdivision subject to a modification to the hearings officer's decision requiring that the subdivision be connected to an existing public storm sewer of adequate capacity or through development of a storm sewer outfalling to the natural drainageway near McDonald Street north of the site. 3. Deny the application and direct staff to prepare a corresponding final order. FISCAL IMPACT None. -.~====-c=a========~=c==~c=~=sc========sc===s====~==c=c====c====s==c==c=====c===~...____-____ SUGGESTED ACTION Approve the proposed subdivision subject to a modification to the hearings officer's decision requiring that the subdivision be connected to an existing public storm sewer of adequate capacity or through development of a storm sewer outfalling to the natural drainageway near McDonald Street north of the site. Direct staff to prepare a final order. JO3CCSUM.zc MEMORANDUM CITY OF TIGARD, OREGON TO: Planning staff FROM: Randy Wooley, City Engineer DATE: December 11, 1990 i i SUBJECT: Proposed Castile Subdivision, SUB 90-10 y i 1 As directed by Council, we have reviewed options for future development of the area bounded by McDonald Street, 93rd Avenue, Inez Street, and 97th Avenue. Several conceptual plans were prepared by the staff and by the applicant. The options are shown and briefly discussed in the attached memo from Greg Berry. 's Street System Each of the options calls for extension of Mountain View Lane to provide a connection between 93rd and 97th. Another recently submitted subdivision proposal would, if approved, construct most of the extension of Mountain View Lane. It seems both likely and appropriate that the Mountain View extension { will eventually be completed as further development occurs. In addition, all of the options would extend View Terrace to connect either to Mountain View Lane or to 97th Avenue. All of the options appear to provide adequate traffic circulation and adequate emergency access to the neighborhood. Our joint (Planning and Engineering) review of these conceptual options indicates that buildable lots can be developed, in compliance with the Community Development Code, on the properties to the north of Castile under each of the options. Therefore, we conclude that a workable street system can be developed for the area under the Castile proposal or under any of the other options. Traffic As a "worst case" prediction of traffic, we assumed that Mountain View would be the only connection street between 93rd and 97th. In addition, we assumed that all of the traffic to and from the study area would use 97th as the primary access route, except for lots with direct access to McDonald. On this "worst case" basis, we estimate that the average weekday traffic on Mountain View would be approximately 750 vehicles per day near its intersection with 97th. Because it is likely that a portion of the trips to the study area will actually use 93rd, rather than 97th, the actual traffic on Mountain View would likely be under 500 vehicles per day. If other street connections to 97th are provided, the traffic on Mountain View would be even lower. r The Comprehensive Plan (p. 1-224) suggests that traffic on local streets should be under 1,500 vehicles per day. Under any of the concepts, traffic on the local streets can be expected to remain well within the Comprehensive Plan guidelines. Storm Drainage The study area all drains to a natural drainageway near McDonald Street. There are currently storm drain pipes in View Terrace and in Mountain View Lane, but they are not adequate to carry future flows from the entire study area. At least a portion of the area will need to be served by a new storm drain pipe, as shown on the conceptual plan. Because there is currently no adequate storm drain pipe at the Castile Subdivision, the applicant proposes to install a temporary system until a public storm drain system is available. The temporary system would discharge to a diffusion trench, intended to spread the storm runoff over a 40-foot wide area before discharging onto the properties to the north. When the parcel to the north develops, the diffusion trench would be abandoned and the storm lines in the Castile Subdivision would be connected to the public storm drain system. The applicant's engineer has provided calculations for the flow in a design storm. The design storm is a 25-year storm (i.e., a storm intensity having a 4% probability of occurring in any given year). The calculations indicate that the design storm would cause the water to flow from the diffusion trench at a depth of approximately 3/4 inch over an area approximately 40 feet wide. By spreading the flow over such a wide area, the velocity of the flow would be low, so that erosion would probably not be a problem. However, discharge of such a volume of water onto adjoining properties could result in other damages to the properties. Therefore, if the subdivision is approved, we recommend that the diffusion trench not be allowed. Based on the additional information presented, we recommend that the subdivision's storm drain system be connected to an existing public storm drain of adequate capacity or to the natural drainageway near McDonald Street. Sanitary Sewer The subdivision proposal calls for the sanitary sewer to be constructed through the back yard of the property to the east. This alignment can be constructed to work adequately. However, a superior alignment would be one chat went north from the subdivision, then along the future extension of View Terrace. Easements Mr. Castile indicates that he has been unable to negotiate utility easements across the property to the north. In order to extend storm and sanitary sewer lines as recommended above, such easements will be necessary. Although rare, the City has in the past used its power of condemnation to provide a street access to a proposed development in order to assure that development occurred with a safe and efficient street system. Similarly, the Y City Council could authorize condemnation to provide extensions of the utilities in an orderly manner to serve development in this area. The utilities could then be constructed by Castile as part of the subdivision development. Alternatively, the City could build the storm sewer as a City project; creation of a reimbursement district, as provided in TMC 13.08, could provide for the various property owners to pay their share of the storm drain costs as they develop their properties. The other options would be to require that the subdivision development be deferred until the applicant can negotiate the needed easements or until the property to the north is developed, or to approve the temporary systems proposed in the applications. rw/Castile ~i k k 'r i i Y f i MEMORANDUM CITY OF TIGARD TO: Randy Wooley December 11, 1990 FROM: Greg Berry 00 SUBJECT: SUB 90-10 Castile As requested, I have prepared several options for developing the parcel of this application as well as the area to the north as shown on the attached maps. Advantages and disadvantages are summarized below. OPTION S l This option provides for the connection of SW Mountain View Lane to SW View Terrace and a connection to SW 97th Avenue while eliminating the need for a private drive to SW 97th Avenue. Four lots south of S.W. Mountain View Lane would continue to access directly to S.W. 97th Avenue. The subdivision is provided with access to S.W. 97th Avenue by a single local street of adequate capacity for the expected volume of traffic. SW 97th Avenue is a major collector street so direct access from individual lots should be minimized. This is accomplished by providing access to the Castile Subdivision by a public street rather than a private drive that only serves the lots within the subdivision. Moreover, elimination of the private drive will relieve the owners of the ` subdivision of maintenance responsibilities as well as eliminate the need for an undesirable roadway along the back lot lines of the subdivision to the south. This option also has the advantage of confining the storm and sanitary sewer to public right-of-ways. However, construction of the proposed subdivision would require obtaining sufficient right- of-way from the parcel to the north to provide for a connection to SW View Terrace. The applicant has stated that the owner of this parcel is not interested in participating in development. The sanitary sewer could be extended within the proposed right-of- way to the existing line in SW View Terrace. However, the storm drain would have to terminate with a device similar to the one proposed in the subdivision application until the storm drain line could be extended north to the creek along SW McDonald Street. OPTION S2 This option would permit the construction of the Castile subdivision without acquiring additional right-of-way c.7 off-site ENGINEERING COMMENTS: SUB 90-10 CASTILE PAGE 1 improvements. This option includes the private drive along the back lot lines of the subdivision to the south and the temporary storm drain outfall that has been proposed by the applicant. The applicant has proposed to temporarily terminate the storm drain with a diffusion trench. This trench would be abandoned once the public line could be extended north. The applicant has submitted calculations showing that there is less than a four percent chance in any year that the depth of flow from the trench would exceed 3/4 of an inch. The expected velocity of the water flowing out of the trench is 0.6 feet per second which is well below the velocities that would be expected to cause erosion. OPTION S3 This option would eliminate the need for the private drive by constructing a public street along the northern edge of the subdivision parcel. However, this would require razing a house as well as acquiring additional right-of-way from the parcel to the north as with option S1. Acquisition of additional right-of-way could be delayed by only constructing the portion of the proposed street that is within the subdivision and providing a temporary turnaround. However, the storm and sanitary sewer would have to be constructed as in option 2 since there would not be rights-of-way available for their extension. Unless the City Council is willing to require the developer to obtain easements for extension of these utilities or unless the Council was willing to use eminent domain to condemn the necessary right-of-way and easements. APPLICANT'S SUBMITTAL In addition to the staff generated plans, the applicant has submitted two area development plans. Both plans assume development of Castile Park subdivision as proposed. CASTILE ONE This option would provide for both SW Mountainview and SW View Terrace to be extended roughly east-west with no connection between the areas to be developed. The advantage to this approach is that all of the underdeveloped parcels along SW 97th can develop independently. In addition, the number of roadways would result in good access to the developed area to the east and traffic would be distributed amongst these streets. Also, no lots would need to have direct access to SW 97th Avenue. Disadvantages to this approach include the long east-west blocks that would be formed with poor north-south access and the number of intersection on SW 97th Avenue. In addition, the extension of SW View Terrace would necessitate the removal of the existing house on the parcel that extends from the existing terminus of the street to S.W. 97th Avenue. Wide, shallow lots along this road would result ENGINEERING COMMENTS: SUB 90-10 CASTILE PAGE 2 if the parcel is developed by itself. If this parcel and the parcel to the north are developed together, the road could be - shifted northward; lots on both side of the street could be deeper than shown, and the existing house could possibly be spared. CASTILE TWO This option is similar to staff option S2 except that the road connecting SW View Terrace to SW Mountainview lane is further to the west. The same advantages and disadvantages listed for S2 exist. In addition, the location of the SW View Terrace extension may necessitate back lot line sanitary and storm sewer lines for parcels on the east side of the road due to the eastward slope. 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SUB 0°®®10 CITY COUNCIL PACKET NOVEMBER So 1990 C COUNCIL AGENDA ITEM j CITY OF TIGARD, OREGON; COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 5, 1990 _ DATE SUBMITTED: October 24,1990 ISSUE/AGENDA TITLE: A eat of Subdivisi n PREVIOUS ACTION: Hearings Officer Approval SUB 0-0010 Castile hearing on August 28, 1990 PREPARED BY: Jerry Offe est. Planner DEPT HEAD OK ~S-. CITY ADMIN OK REQUESTED BY: d POL 11cy ISSUE 9 Should the City Council overturn or modify the land use hearings officer approval I of a six lot subdivision located at 14380 SW 97th Avenue? f INFORMATION SUMMARY' The land use hearings officer approved, subject to conditions, a request for Subdivision approval for Jim Castile's proposed six lot subdivision. NPO #6 appealed the September 10, 1990 decision citing concerns related to sanitary k sewers, storm drainage, street location, allowance of a private street, and a general concern with regard to the pattern of development in the area east of SW 97th Avenue and north of Twality Junior High School. A memo is attached describing the application, the NPO's concerns, and staff's response to those concerns. ALTERNATIVES CONSIDERED 1. Affirm the hearings officer's September 10, 1990 decision as is.. 2. Affirm the hearings officer's decision and modify condition of approval #15` to add the following: `s e Furthermore, the applicant shall submit design criteria, calculations and other information showing that the proposed storm drainage outfall S- will not result in standing water, erosion, or other injury to the land t and is otherwise a legal discharge. Direct staff to prepare a revised final order including the above modification. 3. Deny the application and direct staff to prepare a corresponding final order. FISCAL IMPACT None. SUGGESTED ACTION Affirm the hearings officer's decision with the modification described above. Direct staff to prepare a modified final order. F F i t 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council FROM: Ed Murphy, Director, Community Development DATE: October 24, 1990 SUBJECT: Appeal of the Hearings Officer Decision Subdivision SUB 90-0010 (Castile/McMonagle) SUMMARY OF REQUEST: The applicant requested preliminary plat approval to subdivide one parcel of approximately 1.45 acres into 6 parcels ranging from 7,500 to 10,800 square feet in size. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) LOCATION: 14380 SW 97th Avenue - East side of SW 97th Avenue north of Butler f Terrace Subdivision and Twality Junior High School (WCTM 2S1 11BA, Tax Lot 1301). APPLICANT: Jim Castile, represented by Harris/McMonagle & Associates CONTRACT OWNER: Jim Castile HEARINGS OFFICER'S DECISION: Approval, essentially as proposed, subject to conditions. Decision issued September 10, 1990. APPELLANT: Neighborhood Planning Organization NPO #6 PRIMARY CONCERNS: - Adequacy of sanitary sewer system. - Adequacy of privately owned storm drainage diffusion trench; failure to direct storm drainage to public storm sewer. - Private street location; private street rather than public street. - Lot configurations and piecemeal development of area. STAFF RESPONSE TO CONCERNS: Staff is uncertain as to the nature of the NPO's concern related to sanitary sewers. The subdivision plan calls for the a public' sanitary sewer extension from an existing sanitary sewer in SW View Terrace to the east. The capacities of this existing sewer, downstream lines, and the Unified Sewerage Agency Durham Road Advanced Wastewater Treatment Plant appear adequate to handle additional sanitary sewage from the proposed development. ' w Memo to City Council October 23, 1990 Page 2 The Engineering Department has reconsidered the. department's recommendation regarding the adequacy of the proposed storm drainage diffusion trench along with NPO's concern related to the storm drain not being directed to a public storm sewer. The proposed diffusion trench is being considered since typical development of the downstream parcel (i.e., to the north) could include the extension of the proposed line and abandonment of the proposed temporary diffusion trench. The Engineering Department will review a detailed construction plan and other information required of the applicant by the recommended conditions of approval to determine if the storm sewer meets City standards. To ensure that the storm sewer meets City standards, the following could be added to Condition 15: Furthermore, the applicant shall submit design criteria, calculations and other information showing that the proposed storm drainage outfall will not result in standing water, erosion, or other injury to the land and is otherwise a legal discharge. The Engineering and Community Development Departments generally share the concern of the NPO that streets within subdivisions should be public streets as well as the concern that the proposed development will continue a pattern of piecemeal development of this area. Nevertheless, the applicant has satisfied the applicable subdivision approval requirements of the Community Development Code and Comprehensive Plan related to access to the proposed parcels, even if it might have been preferable from the standpoint of the NPO and City to have the proposed lots front on a public street. Specifically, Code Section 18.108.070 permits private residential access drives serving six or less lots. The City could deny creation of the private street if the City found it essential to have a public street in order to provide a needed connection of streets or if it was necessary for a public street to be' developed in order to provide access to another parcel. Neither of these conditions exist in this situation because SW View Terrace and SW 97th Avenue abut the adjacent under-developed parcel to the north, thereby providing both the necessary access as well as the opportunity for a future connection between these roads. In addition, as the staff report points out on page 11, the applicant's intent to keep the existing house on this property- makes it difficult to divide this property without locating a street along its southern edge. It would be difficult to create a logical and efficient lot pattern from this parcel with a street along this parcel's southern edge curving northward to connect with SW View Terrace. If the applicant should reconsider his i e intent to keep the existing house on the subject parcel, staff would strongly recommend that the applicant consider a new plan that would extend a public street across the majority of the northern boundary of the parcel intended to connect with SW View Terrace. STAFF RECOMMENDATION ON APPEAL: Uphold the Hearings Officer's decision, with the addition of the above stated addition to condition of approval 15. ATTACHED MATERIALS: Vicinity Map. Appeal form filed by NPO #6 on September 20, 1990. Minutes of September 19, 1990 NPO #6 meeting. Hearings officer's decision dated September 10, 1990. Staff report to the Hearings Officer. Preliminary plat for proposed Castile Park subdivision. NPO #6 August 15, 1990 meeting comments on the proposed subdivision. br/JO: Castile. Mem i i x f i t E; M1 CD > / w a 3 &W- r- d S LR MSEST ELROSE CT JANZE v a. W CT. F r > N, N d Q1 S. W. ui MO NTAIN VIEW L U ~ M 3 W L O~ I _ s. w. N VIEW TERR W 'IEW TERR 3 _d N V 1 NEZ vi J ST. S .W. W J ST. TWALITY 'a PEMBROOK JUNIOR ' V-1 HIGH S.W. y g SCHOOL - ~IT F r a VICINITY P ,LAND USE DEC SIO~APPEAL FILING FORM The City o Ti and supports the citizen's right- to participate in ocal government. Tigard's Land Use de theref re sets out specific requirements for fling appe s o certain land use decisions. ~pyti ®I" T'~~~ The followin in has been developed to assist you in T t~ filing an appeal of a land use decision in proper OREGON form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171. 12 / 1 . APPLICATION BEING APPEALED: e&111yz2?0 J~6O ~O -DD/O 2. HOW 00 YOU QUALIFY AS A PARTY : IVPO~p (~(ll~l~ 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: A11P0 'r-<e, ezaa6gl s Vim[ i ~h 57~C~i CG60pe,- i !/y~G ll-- 4 7Sk J D'7-i - Gl~ /L°S212~e-X 75 /IZC 44e1-ZS2dY/Yl n _ ~ Stern ~~Q~ ~4- . 42 ,cAO 142-k-06 &Aa-Al.WOUS ores 4. SCHEDULE DATE OECISION IS TO BE FINAL: G-.Zl9 - <O .3= Y 5. DATE NO FINAL DECISION S GIVEN: 6. SIGNATU (S) i 31'lElE-?E~HHEK ti FOR OFFICE USE ONLY: eived By: Date:~Time:~~~• UQ•r.~hP& ~ Approved As To Form By..Rec Date: Otime: 10. c(C7(,l Denied As To Form By: Date: Time: Receipt No. Amount: s dHE~HE-)HHE~(-IHE~FIE-1E-)(-)f-)(-IH(l(~cn-iFic~Y _•••,-'?f~E!(-?E-)E~dHHHHHH(-N~Hf-1HHHE-3(9HE-)4-)HF j` l ~l Ply # l~ Gu i u kw 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503)639-4t 71 ~C - NPO #6 MINUTES FROM SEPTEMBER 19, 1990 1. Members in attendance were: Carver, Crow, Davenport, Kasson, and Mitchell. Excused: Dillin, Clinton and Pasteris. 2. Minutes of the August 15, 1990 meeting approved as written. 3. TRIAD SDR 90-0004/PDR 90-0002 After a lengthy discussion between NPO members and guests: Bruce and Jan Law, Greg Law, Peter and Dorothy Adamski, Betty Peck, Jane Miller and Richard and Judy Watson the following motion was made: NPO #6 appeals the decision made by Planning Commission on TRIAD DEVELOPMENT SDR 90-0004/ PDR 90-0002 based on the following issues: 1) Opening the North end of 109th; 2) Excessive traffic on a local street; 3) Grade variance; 4) Restrictions to access of local driveways (both private and business); 5) Limited access to Durham Road due to "first option" intersection; 6) property is zoned R-25 and should have direct access to a major arterial; and 7) No consideration given to the potential development of the properties to the east of 109th and the consequences of the increased traffic flow through the existing neighborhoods East of these properties. This motion passed unanimously. 4. Lot Line Adjustment MIS 90-0015 Royal Oaks/Beacon Homes. This adjustment was requested in order to place a sidewalk on the west side of a private drive instead of the east as originally planned. NPO members reviewed the request and found no objections with it. OTHER BUSINESS: Stephanie Mitchell updated the NPO members on the status of the Castile/McMonagle Subdivision Sub 90-0010. After discussing the Hearings officer's findings and learning of the surrounding neighbors' concerns the following motion was made: O NPO #6 appeals the approval with conditions made by Tigard Hearings rj.. Officer on the above referenced application based on the many concerns of the local residents including the sewer and storm drainage system, C9 the private street and the lot configurations. V) This motion pass unanimously. ("S. The meeting was adjourned at 10:00 PM. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Jim Castile for approval of ) FINAL ORDER a preliminary plat for a 6-lot subdivision in the R-4.5 ) zone for land adjoining SW 97th Avenue-south of ) SUB 90-0010 McDonald Street in the City of Tigard, Oregon ) (Castile Park) I. SUMMARY OF THE REQUEST The applicant requests approval of a preliminary plat to subdivide a 1.45-acre parcel into 6 lots ranging from 6,811 to 10,800 square feet. The applicant proposes to construct a private drive along the south edge of the site to serve the lots. In addition the applicant will improve SW 97th Avenue adjoining the site. An interim on-site storm water retention facility is proposed until adjoining land to the north is developed and a storm sewer is extended to the site. Staff recommended conditional approval. In the staff report, the staff recommended that the preliminary plat be limited to 5 lots to comply with minimum lot area requirements. At the hearing, the applicant argued and the staff agreed that the proposed 6-lot plat could be approved consistent with minimum lot area requirements. Five area residents testified. 4 f Four expressed objections and concerns regarding the minimum lot size, the need for an east-west through street in the area, setbacks and buffers, tree removal, storm drainage, and detrimental impacts on area schools. One neighbor testified in support of the proposal. s LOCATION: Adjoining the east side of SW 97th Avenue, about 200 feet south of k McDonald Street, WCTM 2S1 11BA, Tax Lot 1301 APPLICANT: Tim Castile represented by Harris-McMonagle & Associates PROPERTY OWNER: Jim Castile SITE AREA: About 1.45 acres APPLICABLE LAW: Community Development Code Ch. 18.50, 18.92, 18.108, 18.150, 18.160, and 18.164 and Comprehensive Plan policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve EXA IDMR'S DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS E A. Site size and shape : The site is a rectangular parcel about 124 feet north-south and 505 feet east-west and contains about 1.45 acres. k B. Site locati:,n : ; The site adjoins the east side of SW 97th Avenue feet south of McDonald Street and about 180 feet north of Twality Junior High School. Page I - Hearings Officer decision 1 SUB 90-0010 (Castile Park) F C. Existing uses and structures There is a dwelling, garage and associated storage shed on the western portion of the site. A gravel driveway leads from SW 97th Avenue to the garage. D. Proposed uses and structures : 1. The applicant proposes to divide the site into six lots. a. Lot 1 will contain about 10,600 square feet and the existing house. It has a lot width of about 94 feet. The existing garage and shed are proposed for removal. The preliminary plat notes a new garage will be built to serve the existing home. If the existing shed is removed from the north side of the house, the house will be setback about 15 feet from the north property line. b. Lots 2 through 6 will contain about 7500 square feet and a minimum lot width of about 67 feet. 2. The applicant will build a private drive within a 30-foot easement along the south edge of the site from 97th Avenue either to the west edge of lot 5 or 6, depending on how the lot area is computed. A turn-around is proposed at the east end of the easement. As shown on the preliminary plat, the turn-around would extend onto lot 6; however, to comply with minimum lot area requirements for that lot, the turn-around will have to be moved west, because land within a road easement is not counted toward lot area. The drive will consist of 24 feet of pavement between curbs. A 5-foot r concrete sidewalk will be built on the north side the curb. About 2-1/2 feet of the sidewalk will be situated within a 10-foot wide easement on the north side of the private drive easement. The sidewalk may terminate at the point where the drive serves only two lots, consistent with CDC 18.108.070. If the sidewalk continues east of that point, City staff recommends the area of the sidewalk be included in the lot area for the lots it crosses. The remainder of the 10-foot easement will be used for utilities. The drive within the easement will be setback about 2-1/2 feet from the south property line, and the applicant will landscape that setback and install a fence at the south edge of the site to the extent a fence does not exist between the site and land to the south. A fire hydrant will be situated within the private drive or utility easements. 3. The applicant also will build a storm water drainage system. See finding ]ELF. E. Existing and proposed vegetation : There are several fir trees and assorted deciduous trees and other landscaping materials on the western third of the site and along the east edge of the site. The remainder of the site is mostly open and grass covered. The proposed development's private street, utilities, and residences will require the removal of a significant number of trees. The examiner assumes that the site will be landscaped with vegetation typical of other developed lots in the vicinity. F. Topography and drainage : 1. The site slopes from an elevation of about 292 feet in the southwest corner to 268 feet in the northeast corner. No grading plan has been submitted. Page 2 - Hearings OJJicer decision SUIT 90-0010 (Castile Park) . f 2. The applicant will grant a 20-foot sanitary and storm sewer easement along the north edge of the site across lots 2 through 6. The applicant will build a 10-inch diameter storm sewer line and an 8-inch diameter sanitary sewer line in the easement. Storm water will flow due east on the paved drive and be directed to an inlet at the east end of idle drive. From there, it w0l be directed through a closed pipeline to a 3-foot deep and roughly 50-foot long storm drainage diffusion trench in the storm sewer easement. The trench will be filled with 2- to 3-inch rock. Storm water from roof and footing drains also will be directed to the trench. The applicant testified that individual drainage trenches may be provided for each lot as well as or instead of the single trench shown on the preliminary plat. The storm sewer would eventually be linked with a public storm sewer when development to the north makes this feasible. The storm sewer will drain to McDonald Creek about 600 feet north when intervening land develops. C. Plan designation and zoning : The site and vicinity are designated Low Density Residential on the Comprehensive Plan Map and are zoned R-4.5 (Residential, 4.5 units per acre), except the land to the northeast known as Mara Court, which is R-7 (Residential, 7 units per acre). H. Public services and utilities : The site is served by public sewer and water systems. Sewer service is available from an existing 8-inch line from an existing manhole at the west end of SW View Terrace northeast of the site. The line will be extended across a 10- to 15-foot easement over lot 32 in the Penrose Subdivision to the northeast. A 6-inch diameter water line will be extended from 97th Avenue in the easement for the private drive. 1. Streets and access : 1. The site has about 124 feet of frontage along SW 97th Avenue, a major collector street with a 30-foot paved section but no curbs, storm drains, or sidewalks. The applicant will dedicate 5 feet for the widening of the 97th Avenue right of way and will widen the street to a standard half-width section with curb and sidewalk on the east. 2. There is no direct vehicular connection between 97th and 93rd Avenues south of McDonald Street and north of Sattler Road. a. SW View Terrace is about 100 feet north of the east edge of the site. View Terrace could be extended west to 97th Avenue in the future. If the applicant dedicated right of way for such an extension along the north edge of the site, it would facilitate such a connection, but would result in creation of an irregular and largely useless remainder tract where the street would have to curve to make the connection. When adjoining land north of the site develops (TL 1300), View Terrace could be extended west to 97th Avenue with a less extreme curve, so that it will not create a largely useless area at the curve. b. SE Inez Court serves lots south of the site in the Butler Terrace subdivision. There is no potential for extending that street to 97th Avenue because of intervening development. There is F. pedestrian connection from 97th Avenue to Inez Court along the north edge of the Twality Junior High School property south of the site. c. The private drive on the applicant's site cannot be extended directly east to other public streets to the east because of development to the east. Page 3 - Hearings Officer decision SUB 90-0010 (Castile Park) J. Surrounding land uses Land to the north is a roughly 100,000 square foot tract that contain one older single family home. Land to the east and south is divided into urban-sized lots that are developed with single family detached dwellings. There is an oversized lot with a single family home to the southwest. Land to the west is divided into oversized lots and is developed with single family detached homes. Twality Junior High School is about 180 feet south of the site. M_ APPLICABLE APPROVAL STANDARDS A. Community Development Code. 1. Chapter 18.50 contains standards for the R-4.5 zone. A single family detached residential unit is a permitted use in the zone. Lots in the zone must comply with the following dimensional requirements: Minimum lot size 7500 square feet Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Maximum building height 30 feet (2. Chapter 18.92 contains standards for density. The number of dwelling units permitted is based on the net development area, excluding sensitive land areas and land dedicated for public roads or parks. To determine the number of lots, multiply the net development area by the number of units allowed per acre in the zone. 3. Chapter 18.108 allows private streets to serve up to 6 dwelling units subject to pavement width and improvement standards that vary depending on the number of units served. A private street serving 6 dwellings is required to have a minimum 24-foot paved section in a 30-foot easement; curbs and walkways are required except beyond the point where a private road serves fewer than 3 dwellings. A turn-around is required for a private street that is more than 150 feet long. A hammerhead turn-around is permitted if each leg of the hammerhead has a minimum depth of 40 feet and a minimum width of 20 feet. CDC 18.92.020(A) and 18.26 provide that the area used for private streets does not count toward the area of any lot. 4. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter four feet above the ground on undeveloped land. A permit for tree removal must comply with the following criteria: a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant`s property in a reasonable manner, c. The trees are not needed to prevent erosion, instability, or drainage problems; Page 4 - Hearings Officer decision SUB 90-0010 (Castile Park) d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. s. Chapter 18.160 contains standards for land divisions. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and the applicable zoning ordinance and other applicable ordinances and regulations; b. The proposed plat name may not be duplicative and must otherwise comply with the provisions of ORS Chapter 92; c. The streets and roads shall be laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the sweet or road pattern. 6. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) provides a major collector street is to have a minimum 60-foot right of way and 44-foot paved section between curbs and sidewalks. c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street d. Section 18.164.070 requires sidewalks adjoining all collector streets. e. Section 18.164.090 requires sanitary sewer service. f. Section 18.164.100 inquires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. 1. Policy 2. 1.1 provides the City will assure citizens will be provided an opportunity for be involved in all phases of the planning process. 2. Policy 7.1.2 provides the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 3. Policy 7.3.1 provides the City will coordinate water services with water districts. Page S - Hearings Officer decis7on SUIT 90-0010 (Castile Park) 4. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. 5. Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 6. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abuts a dedicated street or has other adequate access; b. Street right of way shall be dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs and sidewalks to City standards within the development; d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signals shall be provided when-the development is found to create or intensify a traffic hazard. IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hearing. The examiner received testimony at the public hearing about this application on August 28, 1990. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Summary of testimony. 1. Jerry Offer testified for the City and summarized the staff report and recommendation. He modified the written staff report to recommend approval of a 6- lot land division, provided the private street and turn-around are redesigned so that all lots comply with minimum dimensional standards and recommended that the area used for sidewalk east of the point where such sidewalks are required be counted toward lot area - 2. Jun Castile and Bill McMonagle testified for the applicant. Mr. Castile introduced a photograph showing the shed to be removed and testified that the house will be setback at least 15 feet from the north property line once the shed is removed. He and Mr. McMonagle testified that they could modify the private street to reduce its width and to relocate the hammerhead turn-around so the 6 lots do comply with minimum lot size requirements. Mr. Castile also testified that the lots are laid out to minimize adverse effects on the views and privacy of lots to the south. 3. Stephanie Mitchell, Don Ferguson, James Long, and Lynn Worth testified against the subdivision. In general their concerns were as follows: a. The subdivision reflects a cookie-cutter approach to land development, continues the proliferation of dead-end streets in the area, and does not address adequately the integration of cross-streets. The applicant should be required to provide right of C`- Page 6 - Hearings Officer decision SUB 90-0010 (Castile Park) k t• T' way along the north edge of the site so View Terrace can be extended west. The proposed street system violates policy 8.1.1, because it does not result in an efficient and safe street system. b. Storm drainage from the site will change as a result of the proposal. During peak storms, storm water will flow over adjoining property to the north rather than northeast as it does now. c. Schools cannot accommodate more growth. C. NPO and Agency Comments. 1. NPO #6 expressed concern about the impact of the street configuration on circulation, voicing concerns articulated by Ms. Mitchell in her testimony. 2. The City Engineering Division recommends approval of the private street; establishment of the storm drain system as a private sewer, connection of the private storm system to a public storm sewer when feasible; and enforcement of surface water management regulations. 3. The City Building Division recommends acquisition of a demolition permit before removal of structures from the site; submission of utility locations and appropriate easements; and extension of the storm drainage system to the public storm sewer. 4. Tigard School District noted its concern regarding growth in the area generally as it relates to school capacity. It recommends prospective purchasers be advised that students may have to be bused to other schools or placed in portable classrooms. 5. The Fire Department recommended the fire hydrant be situated at he intersection of the private drive with 97th Avenue. V. EVALUATION OF REQUEST A. Compliance with Community Development Code. 1. The proposed lots comply with the use standards of the R-4.5 zone, because they will be used for single family detached dwelling units. 2. The lots so or can comply with the dimensional standards of the R-4.5 zone, provided the private drive and tum-around are redesigned, because they each will contain at least 7500 square feet and a minimum average lot width of 50 feet the existing structure on lot 1 violates setback requirements; therefore, a condition is warranted requiring removal of the offending portion of that structure. A condition also is warranted requiring the applicant to obtain a demolition permit for structures removed from the site. 3. The proposed subdivision complies with the density standards of Chapter 18.92, because the developable area of the site divided by 4.5 units per acre equal; 6.3 lots. 4. The applicant will remove a significant number of mature trees to provide for public rights of way and utilities. A condition is warranted prohibiting the applicant from removing trees 6 inches or more in diameter four feet above the ground from the site until the applicant applies for and receives a tree cutting permit pursuant to that chapter. Page 7 - Hearings Officer decision SUB 90-0010 (Castile Park) s t f 5. The proposed subdivision complies with Chapter 18.160, because: a. It complies with the Comprehensive plan map designation of the site, the applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations. b. The proposed name of the subdivision is not duplicative. c. The road on the site is adequate to serve the site and cannot be extended off-site efficiently. Although a road along the north edge of the site could be designed to join View Terrace, it will contain a curve that is more extreme and results in less useable land area than would extension of that street due west across tax lot 1300 when. that lot develops. The Code does not authorize the hearings officer to require this applicant to provide an access plan for the area to solve the cross-circulation problems evident in the community. That responsibility falls on the City in its case- by case review of proposed development. Whether that policy is most efficacious is not relevant to the review of this subdivision nor within the jurisdiction of the hearings officer. 6. The proposed subdivision complies with Chapter 18.164, because: a. The applicant will dedicate for and improve the public road adjoining the site to City standards. b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of frontage on a street. c. The public street and the private street on the site will be improved with sidewalks at least to the point where the street serves only 2 lots. d. All lots will be served by public sanitary sewer and a storm drainage system. Conditions are warranted requiring granting of easements for the storm sewer system and other utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. B. Compliance with Comprehensive Plan policies. 1. The subdivision complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site. The concerns raised by the NPO and neighbors have been considered in reaching this decision. Although the development does not result in cross-circulation, it is consistent with the Comprehensive Plan to develop the site with a private "dead-end" street. 2. The subdivision complies with Policies 7.1.2, 7.3.1, and 7.4.4, because the applicant will extend public sewer and water system to the site, will provide a storm water drainage system on the site, and will provide underground utilities. Detailed public facility improvement plans need to be prepared and approved. 3. The subdivision complies with Policy 8. 1.1 and 8.1.3, because the street system on and adjoining the site will be improved to City standards or modified as permitted. C~ Page 8 - Hearings Officer decision SUB 90-0010 (Castile Park) i i r ~ VI. SITE VISIT BY EXAMINER The examiner visited the site and area that could be affected by the proposed cliange. VII. CONCLUSION AND DECISION The examiner concludes that the proposed subdivision will promote the general welfare of the City, and will not be significantly detrimental nor injurious to surrounding land uses, provided development that occurs after this decision complies with applicable local, state, and federal law. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the examiner hereby approves SUB 90-0010 (Castile Park), subject to the following conditions: UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND COMPLETION OF PUBLIC IMPROVEMENTS FINANCIALLY SECURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall submit two (2) sets of detailed public improvement plans and profile construction drawings to the Engineering Department for preliminary review and approval. The applicant shall submit seven (7) sets of approved drawings and one (1) itemized construction cost estimate. The plans and estimate shall be prepared by a professional engineer licensed in Oregon. These plans are in addition to plans required by the Building Division and should include only those sheets relating to public improvements. Contact John Hagman, Engineering Department, 639-4171. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed an d approved the public improvement plans and a street opening permit or construction compliance agreement has been executed The applicant shall provide a 10091o performance assurance or letter of commitment and a developer-engineer agreement, and shall pay a permit fee and a sign installation/sweet light fee. Contact John Hagman. 3. The applicant shall dedicate to the City right of way as necessary for a 30-foot half- width for 97th Avenue adjoining the site frontage. The description of the dedication shall be tied to the existing right of way centerline. The dedication shall be on City 4orms. Instructions are available from the Engineering Department. Contact John Hagman. 4. The applicant shall make standard half-width improvements to 97th Avenue adjoining the site, including sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, street lights, and underground utilities. Improvements shall be designed and built to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. Contact Gary Alfson. 5. The applicant shall submit plan and profile drawings and cross section details of the proposed private street and storm drain system as part of the public improvement plan. Contact Gary Alfson. 0 . Page 9 - Hearings Officer decision SUB 90-0010 (Castile Park) 6. The applicant shall submit a method for maintenance of the private street and storm (r water drainage system, such as a homeowners association. The plan and method shall be approved by the Planning Division. Contact Jerry Offer. 7. The applicant shall post the private street with signs prohibiting parking on one side. A sign noting the drive is private shall be posted at the drive's intersection with 97di Avenue. A note shall be placed on the plat that the street is private. 8. All lots shall contain a minimum of 7500 square feet exclusive of public right of way and private easements for road and sidewalk purposes, provided the area of an easement for sidewalk may be counted toward the area of adjoining lots beyond the point where the road serves only two dwellings. Minimum setbacks shall be: Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Garage, corner yard, and front yard setbacks shall be measured from the individual lot/easement boundary for all lots fronting the private street. Contact Brad Roast. 9. The applicant shall locate driveway cuts at least 30 feet from intersection right of way lines and at least 5 feet from property lines. Contact John Hagman. 10. The applicant shall submit sanitary and storm drainage details as part of the public improvement plans. Plans shall include calculations and a topographic map of the storm drainage Bassin. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be noted. Contact Greg Berry, Engineering Department, 639-4171. 11. The applicant shall show that storm water runoff can be discharged into the existing drainageway without increasing the flow of storm water off-site more than the flow from the property in its undeveloped condition. Contact Greg Berry. 12. The applicant shall submit a grading plan showing existing and proposed contours. 13. The applicant shall submit and receive approval of an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, " November, 1989. Contact Greg Berry. 14. The applicant shall obtain a tree cutting permit before removing any trees from the property. Tree removal permits will be issued in two stages: private street area preparation and lot preparation. The applicant shall provide an arbodst to review the plans for grading and tree protection. The arborist or City may prescribe protective measures for trees to be retained on the site. A copy of the tree removal permit shall be available on-site during all tree removal and grading activities. Contact Jerry Offer. 15. The applicant shall obtain a demolition permit before removing existing buildings on the site. Contact Brad Roast 16. The applicant shall submit a plan showing utilities for existing buildings. If the utilities cross new property lines, then the applicant shall grant utility easements as r needed. Contact Brad Roast. Page 10 - Hearings Officer decision SUB 90-0010 (Castile Park) i r y SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN 18 MONTH OF THE EFFECTIVE DATE OF T141S DECISION. D TE is 7th day of ber, 1990. Larry Epstein, g cer - Page II - Hearings Officer decision SUIT 90-0010 (Castile Park) r AGENDA ITEM 2.3 STAFF REPORT TO THE HEARINGS OFFICER TUESDAY, AUGUST 28, 1990 - 7:00 PM TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OR 97223 I. SUMMARY OF THE REQUEST CASE: Subdivision SUB 90-0010 SUMMARY: The applicant requests preliminary plat approval to subdivide one parcel'of approximately 1.45 acres into 6 parcels ranging from 7,500 to 10,800 square feet in size. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT/OWNER: Jim Castile PO Box 23702 Tigard, OR 97223 REPRESENTATIVE: Bill McMonagle Harris-McMonagle & Assoc. 12555 SW Hall Blvd. Tigard, OR 97223-6287 LOCATION: 14380 SW 97th Avenue (WCTM 2S1 11BA, Tax Lot 1301) APPLICABLE LAW: Community Development Code Chapters 18.50, 18.92, 18.100, 18.108, 18.150, 18.160, 18.164, and Comprehensive Plan Policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve a five lot subdivision following the basic layout submitted for the six lot subdivision. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax lot 1301 is a rectangular shaped parcel on the east side of SW 97th Avenue. The site is approximately 124 feet north-south by 505 feet east- west containing approximately 1.44 acres. HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 1 B. Site location: The site is situated approximately 180 feet north of Twality Junior High School on the east side of SW 97th Avenue. C. Existing uses and structures: There is a dwelling and garage located on the western portion of the site. A gravel driveway leads from SW 97th Avenue to the garage. There are several fir trees and assorted deciduous trees and other landscaping materials on the western one-third of the site. The remainder of the site is mostly open and grass covered. D. Proposed uses and structures: The applicant proposes to divide the site into six lots. Lot 1 is intended to contain the existing house. The existing garage and shed are proposed for removal. The preliminary plat notes that a new garage is intended to be constructed to serve the existing home. The preliminary plat calls for six lots to be served by a private drive that will be located along the southern edge of the site. The private drive will be located within a 30 foot wide access tract and will contain a 3 foot wide landscaped area adjacent to the developed lots to the south, 24 feet of pavement with curbs on each side, and a 5 foot wide concrete sidewalk along the north side of the private drive. The sidewalk is intended to straddle the boundary between the access tract and lots 1 through 5. The portion of the sidewalk which would be located on lots 1 through 5 will be located within a 10 foot wide sidewalk and utility easement. The proposed drive is intended to terminate in a modified hammerhead turnaround on its eastern end. One leg of the turnaround is intended to be placed in an easement on proposed lot 6. E. Topography and drainage: The site slopes from an elevation of approximately 292 feet in its southwestern corner to 268 feet in its northeastern corner. No grading plan has been submitted. The preliminary plat notes that a 10 inch diameter storm sewer will be placed within an easement along the northern boundaries of proposed lots 2 through 6 draining to a storm drainage diffusion trench on the northern portion of proposed lot 6. A 20 foot wide sanitary and storm sewer easement is intended to be located along the lots' northern boundaries. F. Plan designation and zoning: The site and adjoining properties are designated Low Density Residential on the Comprehensive Plan Map. Properties to the north, east, and south are zoned R-4.5 (Residential, 4.5 units/acre). Properties to the west across SW 97th Avenue are zoned R-3.5 (Residential, 3.5 units/acre). HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 2 G. Public services and utilities: The site will be served by public sanitary sewer and water systems. An 8 inch sanitary sewer line will be extended from an existing manhole at the west end of SW View Terrace to the northeastern corner of the subject site. The sanitary sewer is intended to be located through an easement to be acquired from lot 32 in Penrose Terrace subdivision to the east. The sanitary sewer will extend westward within the 20 foot sanitary and storm sewer easement to be located on the north end of proposed lots 2 through 6. A 6 inch water line is proposed to be placed within the proposed private drive extending eastward from an existing water line within SW 97th Avenue. H. Streets and access: The site has approximately 124 feet of frontage along SW 97th Avenue. SW 97th Avenue is classified as a major collector street by the comprehensive Plan Transportation Map. The street presently has approximately 30 feet of pavement width with no curbs, storm drains, or sidewalk. The preliminary plat notes a 5 foot right-of-way dedication along the site's western edge. The preliminary plat also notes that an expanded half street improvement will be constructed along the frontage of SW 97th Avenue. As previously noted, access to the proposed six lots is intended to be provided by a 24-foot wide private drive to extend eastward from SW 97th C Avenue along the subdivision's southern edge. 1. surrounding land uses: The Sutler Terrace Subdivision which includes single family residences built on lots close to 7,500 square feet in size is located to the south. i In addition, Tax Lot 1401 to the south is developed with a single-family residence and has a potential to be redivided to create one additional lot. Penrose Terrace Subdivision is located to the east. This subdivision contains single family residences on lots averaging approximately 8,000 square feet in size. Parcels to the wean of the site across SW 97th Avenue are substantially larger than the minimum lot size for the zone, although all contain single family residences. Parcels to the north of the proposed subdivision are substantially larger than the minimum lot size for the zone and most contain single family residences. A subdivision application has been submitted for review by the City of Tigard Planning Commission for approximately 2.4 acres located approximately 325 feet north of this subject site. III. APPLICABLE APPROWAL STANDARDS A. Community Development Code. 1. Chapter 18.50 contains standards for the R-4.5 zone. A single-family C detached residential unit is a permitted use in the zone. Lots in the zone must comply with the following dimensional requirements: HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 3 Minimum lot size 7,500 square feet Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15/20 feet for a garage Rear setback 15 feet Maximum building height 30 feet 2. Chapter 18.92 contains standards for density. The number of dwelling units permitted is based on the net development area, excluding sensitive land areas and land dedicated for public roads or parks, or for private roadways. To determine the number of lots, multiply the net development area by the number of units allowed per acre in the zone. 3. Chapter 18.108 .allows private streets to serve up to six dwelling units subject to pavement width and improvement standards that vary with the number of dwelling units served. Turnaround areas are required for private streets in excess of 150 feet in length. 4. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter four feet above the ground on undeveloped land. A permit for tree must comply with the following criteria: a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; C. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. 5. Chapter 18.160 contains standards for land divisions. It allows phased development, provided construction is initiated within eighteen months of the approval and construction of each phase does not exceed a 2 years. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's Comprehensive Plan and the applicable zoning ordinance and other applicable ordinances and HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 4 regulations; b. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; C. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern 6. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. A future improvement guarantee may be accepted in lieu of improvements, among other reasons, if: (1) A partial improvement is not feasible due to the inability to achieve property (sic) design standards; or (2) A partial improvement may create a potential safety hazard to motorists or pedestrians b. Section 18.164.030(E) requires a local street to have a minimum 50-foot right-of-way and 34-foot paved section between curbs and sidewalks. C. Section 18.164.030(F) requires a reserve strip and barricade at the end of a dedicated street that can be extended off-site. d. Section 18.164.030(J) allows partial street improvement "where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property [is; developed." e. Section 18.164.030(M) requires local street grades of 12% or less. f. Section 18.164.060 prohibits lot depth from being more than 2 times the lot width and requires at least 25 feet of frontage on a street. g. Section 18.164.070 requires sidewalks adjoining all local residential streets. h. Section 18.164.090 requires sanitary sewer service. r i. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 5 B. Applicable Comprehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure citizens will be provided an opportunity to be involved in all phases of the planning process. 2. Policy 7.1.2 provides the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 3. Policy-7.3.1 provides the City will coordinate water services with water districts. 4. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. S. Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 6. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abuts a dedicated street or has other adequate access; b. Street right-of-way shall be dedicated where the street is substandard in width; C. The developer shall commit to construction of the streets, curbs and sidewalks to City standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. NPO & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: a. Access to the site is provided by a private street from SW 97th Avenue. The proposed street meets the requirements of subsection 18.108.070 A of the Code. SW 97th is a major collector street that is not improved with curb and sidewalk along the frontage of the site. The applicant has submitted a report showing the adequancy of the sight distance from private street along SW 97th Avenue. HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 6 i b. Because of difficult maintenance, the proposed public storm sewer along the back lot lines should be a private sewer. Upon development of the parcel to the north, the proposed storm drainage diffusion j trench may be abandoned and the private storm sewer may be extended ! to a public storm sewer. f C. Sanitary sewer service is provided by an existing line in SW View I Terrace. Access for maintenance vehicles to the manhole in the proposed easement east of the site is required. d. The Unified Sewerage Agency has established and the City has agreed to enforce, (Resolution No.90-43) surface water management regulations requiring the construction of on-site water quality and quantity i facilities are not required at this site and only a fee in lieu of the construction of on-site water quality facilities should be assessed. i I 2. The City of Tigard Building Division has reviewed the proposal and has commented that: i a. A demolition permit is required prior to removal of the existing garage and shed. b. The applicant must provide a drawing showing a location of utilities j for the existing residence. If the utilities will cross proposed property lines, easements must be provided. s C. The proposed storm drain diffusion trench does not appear to be an i appropriate way to provide for storm drainage for an entire subdivision. The Building Division feels that the applicant should be required to extend the storm drain to a public facility. 3. The Tualatin Valley Fire and Rescue District has reviewed the proposal and has commented that the proposed fire hydrant should be relocated to the intersection of the private drive and SW 97th Avenue. 4. Tigard School District has noted concerns with its ability to maintain the current level of educational programs and school facilities as a result of rapid growth throughout the district. The projected enrollment resulting from the proposed subdivision is 2 students at Templeton Elementary School and 1 student at Twality Junior High. When combined with other recent proposals on file with the school district, the total projected enrollment increase is 72 students at Templeton and 99 students at Twality. This exceeds the design capacity of both schools. Further, the District cannot guarantee that the new schools which are planned to cpen in 1992 will have the design capacity to serve these proposed developments if the rate of growth continues to increase. Prospective home buyers should be advised that students may have to be bused to other schools or placed in portable classrooms. / 5. NPO #6 has reviewed the proposal and has commented that the NPO has concerns regarding the effect this proposal may have on the future extension of SW View Terrace from the east. The NPO raised concerns i HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 7 r regarding the future street pattern in this area at the time that the Butler Terrace subdivision proposal was reviewed several years ago. The NPO members are unhappy to see possible additional piecemeal development in this area further reducing the possibibility of a connection between SW 97th Avenue and the developed neighborhood to the east. The NPO does not find that approval of this proposal would be consistent with Plan policy 8.1.1 which promotes a safe and efficient street system. 6. The Tigard Water District, Metropolitan Area Communication commission, (cable television), and PGE have reviewed the proposal and have offered no comments or-objections. 7. No other comments have been received. V. EVALUATION OF REQUEST A. Compliance with Community Development Code. 1.. The proposed lots comply with the use standards of the R-4.5 zone because they are intended to be used for single family detached dwelling units. The lots as shown on the preliminary plat, however, are not consistent with the dimensional standards of the R-4.5 zoning district. Proposed lot 6 as shown is only 6,811 square feet in size whereas 7500 square feet is the minimum lot size for the R-4.5 zoning district. The applicant's engineer has not deducted the 747 square feet of private street turnaround area intended to cover an access easement from the net lot area to determine the net developable area. The turnaround is required as part of the private street as per Code Section 18.108.070.0. - Code Section 18.92.020.A requires that "(A]11 land proposed for private streets..." be subtracted from the gross site to determine net developable area. Likewise, Code section 18.162.050 states that in the case of a flag lot, the accessway may not be included in the lot area calculation. The Code clearly does not intend for required accesb areas to be included within the minimum requirad lot area. Staff therefore finds that this lot as shown does not meet the winimum lot size of the zone. Likewise, lots 3, 4 and 5 are not consistent with the minimum lot size standard because the area covered by the required sidewalk has not been deducted from the gross lot area. If the three foot wide area to be covered by sidewalk is deducted, these lots would be less than 7500 square feet in size. The subdivision plat must be revised so that all lots meet the minimum lot size. - In addition, the house that would remain on proposed lot 1 would not satisfy the fifteen foot rear yard setback required in this zoning district. The required rear yard may be on either the north or east side of this house because it would be located on a corner lot. As HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 8 shown, the setback would be approximately ten feet on both of these sides. The lot line between lots 1 and 2 will need to be shifted eastward so that a minimum setback of fifteen feet is provided or else the house must.be moved or removed prior to recording a subdivision plat. In order to resolve both the minimum lot size and setback problems described above, as well as to avoid the creation of unusual shaped lots, staff recommends that approval of the preliminary plat be conditioned upon lot 1 being increased in size to at least 15000 square-feet so that setbacks can be met for the present time with the possibility of the lot being re-divided in the future upon the house either being removed or relocated. This would also allow the other lots to be increased in size to satisfy the minimum lot size of the R-4.5 zone. While this would result in only five lots being created at this time rather than the six proposed, re-division of lot 1 would fulfill the full housing opportunity of the parcel. 2. The proposed subdivision complies with the density standards of Chapter 18.92 because the net developable area of the site divided by 4.5 units per acre equals an opportunity for 6.3 units. 3. The proposed subdivision is consistent with Chapter 18.108 because the proposed private street is of an appropriate width for the number of dwelling units to be served, contains a sidewalk and turnaround area, and is provided with a three foot wide strip along its south side for landscaping to buffer the impacts of the private street upon residential uses to the south. A landscaping plan for this strip should be submitted for staff review and approval prior to recording the plat. 4. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during the course of construction be minimized. The proposed development's private street, utilities, and residences will require the removal of a significant number of trees. However, the number of trees removed should be minimized through careful study of the site to be accomplished through phased tree removal. Initial tree removal shall be limited to the proposed public right-of-way expansion and the private street area. Individual lots, potential driveway locations, and potential building sites will then be easier to see. The developer and City staff can then identify ' which trees will need to be removed to construct residences on the lots. The developer shall provide the services of a certified arborist for this analysis. Care should be taken to retain as many mature trees as possible through careful site planning, curved driveways around trees, and care during the site development process. Minimizing:=-Eree removal should be a benefit to the proposed development in both increased property values as well as atmosphere. No tree removal may occur prior to Planning Division review and approval of a tree removal permit. HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 9 i I 5. The proposed subdivision complies with Chapter 18.160 because: a. The proposed subdivision complies with the Comprehensive Plan Map designation density opportunity for the site and with the applicable plan policies except as noted below, the regulations of the R-4.5 zone except as noted above, and other applicable regulations; b. The proposed name of the subdivision, Castile Park, is not duplicative; C. The private road into and adjoining thin site conforms with the f typical road pattern in the-area. a r 6. The proposed subdivision complies with Chapter 18.164 because: F i t a. The applicant will dedicate additional right-of-way for and improve the SW 97th Avenue frontage of the site to City standards. c b. The proposed private drive is consistent with City of Tigard' private roadway standards. r 8. Compliance With Comprehensive Plan Policies 1. The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the neighborhood planning organization and to owners of property in the vicinity of the site. The proposed site has been posted with a sign noting that a land use or development application on this site was pending. Although the development changes the existing character of this site, it is consistent with the Comprehensive Plan to develop this site for housing and proposed densities so that expected population growth can be accommodated in the urban area. 2. This subdivision complies with Policy 7.1.2, 7.3.1, and 7.4.4 because the applicant will extend public sewer and water systems to this site and will provide for underground installation of phone, electricity, and cable television lines. Although staff concurs with the Building Division's concern regarding the proposed storm drainage diffusion trench for this size of a development, staff defers to the Engineering Division's recommendation to allow the diffusion trench as E:. a temporary system if the applicarit's detailed storm drainage analysis (recommended to be required as condition of approval 15, page 13) Indicates the adequacy of such a method. It is recommended that the _ proposed private storm drainage system be replaced with a connection to a public storm sewer when storm sewer development in the area makes this feasible. If the Engineering Division's review of the storm drainage analysis finds the diffusion trench to be inadequate, a public storm sewer extension may be necessary or an alternative private drainage system(s) may need to be provided- ? HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 10;:- h" f~ 3. The subdivision complies with policy 8.1.1 and 8.1.3 because the proposed improvements to the public street adjoining this site will be consistent with City of Tigard standards and will be developed to the full major collector street width called for by the functional classification of SW 97th Avenue. The Engineering Division has confirmed that adequate sight distance will exist along SW 97th Avenue for the private street intersection. Staff shares the concerns raised by NPO #6 with regard to the effect this proposal may have upon the possibility of public street connections between the neighborhood to the east and SW 97th Avenue. The proposed subdivision would further restrict opportunities for making such a connection but would not preclude the final opportunity for a connection; therefore, staff is not willing to assert that this proposal is sufficiently inconsistent with this policy so as to mandate a public street connection through this property. The applicant's intent to keep the existing house on this property makes it difficult to divide this property without locating a street along its southern edge. It would be difficult to create a logical and efficient lot pattern from this parcel with a street along this parcel's southern edge curving northward to connect with SW View Terrace. If the applicant reconsiders keeping the existing house, however, staff would strongly recommend that a public street extend across the majority of the northern boundary of the parcel intended to connect with SW View Terrace. VI. CONCLUSION AND RECOMMENDATION The staff concludes that the proposed subdivision with modifications, will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding land uses, provided development that occurs complies with applicable local state and federal laws. Staff recommends, however, that reconfiguration of the proposed subdivision be required to increase the size of proposed Lot 1 to at least 15,000 square feet so as to accommodate a possible future partitioning as well as to allow the existing house to comply with the rear yard setback requirements of the R-4.5 zone. In addition, staff. recommends that the sidewalk and entire hammerhead turnaround area be included within the common tract for the private drive. All lots must meet the minimum required lot size of 7500 square feet for the R-4.5 zoning district. These modifications will require that the subdivision be limited to five lots. Staff recommends approval of this subdivision proposal subject to the recommended conditions which follow: UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The preliminary plat shall be limited to creation of five (5) lots. All HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 11 lots shall be fully dimensioned on the plat and shall be consistent with R-4.5 zone dimensional requirements. A minimum rear yard setback of 15 feet shall exist for the existing house. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171). 2. A demolition permit shall be obtained from the Building Division prior to demolition of the existing garage and shed. STAFF CONTACT: Brad Roast, Engineering Division, (639-4171). 3. The applicant shall post a letter of assurance guaranteeing that a minimum of one covered parking space will be provided for the existing house. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171). 4. The applicant shall submit a plan showing utility locations for the existing dwelling. If the utilities will cross proposed property lines, utility easements shall be granted as required. STAFF CONTACT: Brad Roast, Engineering Division, (639-4171). 5. Any tree removal or grading on this property must be approved by the Planning Division through approval of a tree removal permit and approval of the grading plan. Trees over six inches in diameter shall be removed only as necessary to construct streets, utilities, and residences. Tree removal permits will be necessary for two stages: private street area preparation and lot preparation. The applicant shall provide for an.arborist to review the plans for grading and tree protection. The arborist or the Planning Division may prescribe protective measures for trees to be retained on the site. A copy of the tree removal permit shall be available on-site during all tree removal and grading activities. STAFF CONTACT: Jerry Offer, Planning Division (639-4171). 6. The private street shall be signed for no parking on one side. A sign noting that the drive is private shall be posted at the drive's intersection with SW 97th Avenue. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 7. Minimum building setbacks on all parcels shall be as follows: front yard - 15 feet corner yard -10 feet garage - 20 feet side yard -5 feet rear yard - 15 feet Garage, corner yard, and front yard setbacks shall be measured from the individual parcel/access tract boundary for all lots fronting on the private street. STAFF CONTACT: Brad Roast, Building Division (639-4171). 8. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall r be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 12 include sheets relevant to the public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 9. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department 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, a fee in lieu of the construction of an on-site water quality facility and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 10. Additional right-of-way shall be dedicated to the public along the SW 97th Avenue 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 shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT; John Hagman, Engineering Department (639-4171). 11. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the frontage. Improvements shall be designed and constructed to street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 12. Plan and profile drawings, cross section details of the proposed privately operated and maintained street and storm drain shall be provided as part of the public improvement plans. STAFF CONTACT; Gary Alfson, Engineering Department (639-4171). 13. Driveway cuts shall not be permitted within thirty feet of intersecting right-of-way lines nor within five feet of property lines. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 14. 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 shall be provided as a supplement to the public improvement plans. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 15. 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 Department (639-4171). 16. A method for maintenance, such as a homeowners association, shall be provided for the private street. The plan and method for maintenance shall be approved by the Planning Division. STAFF CONTACT: Jerry Offer, Planning Division (639-4171). HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 13 . t, F G 17. 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 Department (639-4171). i E: SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN E: EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. OA,/ -ate y~ PREP D 8 oOffer DATE iate Planner . t ~0 APPROVED BY: Keith Liden DATE Senior Planner I ao W 3 Q S W. T C N S [LR SE ST ELROSE JANZE 0 L ui -CT; ~ ~ m a 3 aS S.W. MO NTAIN VIEW L H ,o. U M S. W. 3, w L N > VIEW TERR m fIEW TERR a N v ST. dczw INEZ vi w 4i S. FIN _$RO• sT TWA►LITY a cT_ PEMBROOK JUNIOR a HIGH S.W. N PINEBROOK N ST. SCHOOL HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 14 r RECEIVED Awn g 8 1590 COMMUNITY DEVELOPMENT NPO #6 MINUTES FROM AUGUST 15, 1990 1. Members in attendance were: Carver, Crow, Davenport, Mitchell and Pasteris. Excused: Dillin, Clinton Not Excused: Kasson 2. Minutes of the July 18, 1990 meeting approved as written. 3. ZONE ORDINANCE AMENDMENT/ZIA 90-0002. Fuel Tank Storage. Reviewed without any objections. I 4. PLANNED DEVELOPMENT REVIEW/PDR 90-007 - COAST FINANCE, INC. Approval to allow construction of a 20 unit retirement complex. Reviewed without any objections. E 5. SITE DEVELOPMENT REVIEW/SDR 90-0017 - BATES. Request for approval to allow the development of a retail garden center. Reviewed without any objections. 6. SLR 90-0008 - COOK PARK. Reviewed without any objections. F SUBDIVISION SUB 90-0010 CASTILE/MCMONAGLE. Request for subdivision approval to divide a site (1.45 acres) into six parcels. The following comments were passed with one abstention. I. "We have significant concerns about the extension of View Terrace and we are further concerned that the spirit of the Comprehensive Plan is not being followed by providing a safe and efficient street system. (See' 811 of the Comp. Plan.) "We saw this coming five years ago and we are very unhappy to see or ® piece-meal development in the neighborhood. "It should be noticed that no Butler Terrace residents were present at the meeting.". s~ ~e r2~e~~go endc~~b _ _ _ .a _4~.. .~LI~IIIIIIIILLL111111111111111 l11 IIIIIT11111 ~IIII ~ _ ( ~ I ~ I ~ I ~ 111 ~.LI l,~ l.ll.~ I~~ I ra ~ I ~ 1 ~ I ~ I,I-I ~ I ~ (~~Illil~il!I111I~II~IIIIIILIII~IIILIII~ILILILIIli11 iIIILILIIIIII~~llllllllll~~lln . . I 2 3 4 _ 5 6 7 8 9 10 II 12• - ' NOTE: IF THIS MICROFILMED ~ ~ - ~ - _ . ~ _ DRAWING IS LESS CLEAR THAN THIS-NOTICE ~"IT1S DUE TO - _ _ _ _ _ . . • '~i~ ~ THE QUALITY OF THE ORIGINAL , - i- ~ -DRAWING. t•"` - --'-~~---_-._y OE 6Z 8Z LZ 9Z SZ. bZ EZ ZZ IZ OZ 61 BI LI 91 51' bl EI ZI II OI 6 B C 9. 5 b E Z I"'+'" _ s~ . J!I nNILIN ~IL~bHL I~L~I~LIJLNIILHJunI~NIINi~1~~~16LHILNLIN4ILLNW~~bIiL6HIINNIuLlluuluublulu~Ll~mIN1@lu hlnlu nu NlHnnln dulduWUllllnduuluulu~4~1I11111~III~J~~L~INNIN~dnNImdJ1111WWIW1111~I,WWll~Ulll~lw~bm - '~EBR A - _ U RY . I s ~ _ • REVISED LOTS & HAMMERHEAD CASTILE PARK ~ ~ IB' ,5' - - PRELIMINARY ,o' ,2' ----L-- 12' - 2°' - ° I~ ~ PLAT 75' S' ~ - sAU, ar J star- 5 gN/ I I14 - E+cl91. B7:E of PVMf. 9N! , -4.17.Y 4.1'dk 250b---~-e - - i 9TD. e gam' I b`- 16"~~ 16„cu1zB SffUATED IN THE N.W. 1/4 OF SECTION 11, ° ~ ~ ~ T-2S, R-1W, W.M., Cf1Y OF TIGARD, L 3"CLA33 'C"A3PNALTIC CONLRETE ~ 3.12"CLASS "C"ASPNALTIC CONCRFlE ~ WASHINGTON COUNTY, OREGON ?"'a f J LEVELING ROCK 2" ~4"(-) LEVELING ROCK _ - --b" I15'Y-J BA9E ROCK 6" J15"(-J BABE ROCK DATE: 11-2-90 SCALE: 1"=50' 7'YP/C.4~ 571~E'1" SfG~'!ON 7`7'{~/C~l~ N,~~F-S7~REET S~"C~ION ELEVATION DATUM: CIiY OF TIGARD-U.S.G.S. PR/V,47`E DRIVE Slll 977-N AVE COMPREHENSNE PLAN: LOW DENSITY No scALE ZONING: R-4.5 NO scACE TAX LOT: 1301 MAP 2S-11-BA AREA: 1.45 ACRES I ~ OW'NER-APPLICANT: ENGINEERS-SURVEYORS: JIM CASTILE HARRIS-McMONAGLE P.D. BOX 23702 ASSOCIATES, INC, I TIGARD, OREGON 97223 12555 S.W. HALL BLVD. I PHONE: (503) 639-1395 TIGARD, OR 97223-6287 N PHONE: (503) 639-3453 ~ I FAX: (503) 639-1232 ~ 33 ~ Exrsr. U 25 i L ~ 3 O~ MANHOLE v - ELECTRICAL L1.1 I I ` TRANSFD MER •.4'MdL • Q : i ~ STORM DkAfNAGf S.W. VIEW TERRACE I DL~FUS/ON T.RENCtT, - $ = I YI. ~ ~ \ RCLEO W1TH 2"-J" ~ _ t' auw, s. f'-' CLFAN DRAIN ROCK SANITARY SEWER i ' ~ ~ I ~ ~ APPROX. J' DEEP„ I.-- 15' EASEMENT 70 Bf ~ d ' ~ I I •1 1 \ ~ \ ACQUIRED ° I ~ ~ h / i ~ ~2 .;ccRUn n. J, ~ I AREA DR)i!N i I \5~ 5F' r. S~ I~ _ 503 _ I ~ `~o`~ ~(P O S _ SITE I _ - - - - - r PE I I f.YlSi, -=,-----J~- 20' SAN?A£Y & STORM SEWER ESM. ~ --86--- -10' n. F+-5' ' HOJSE I Z ~ i I DFD1GnbN TD 15 i ( B l I I ~ w 2> D I • t7,OQ0 S.F. i~ REMAINI-J 7,SOO.SF. 7,500 SF. 7,500 SF. -y, 1~2w '7,580 S.F.\ ~ I I V i_-~ I to ~ ~ - II ~ 1 a~ 2 a 3. ~ _ 4 ~ ~ i I N TO BE z8p \ I .04~ 5 o B,OOD S.F. ~ II ~ I ~ ~ REMOVED 7- ! 1 3 O L 0 25 N v axewi nu,-- I I D/W M \rCAR. IrISf~£D Rsz51 -1 6 ^ ~ - I~I, APPROACH -~--7J- !0 & Ull TYfASEMENT i7 R=25 - - 7 v, I 98 93 BACX OF S FN. ' , .b ~ 3~ Y/C1N/T1' MAP D+DO ~I - - ' ti _ J CU~ 8.~ 28 NO SCALE ; 2D+ PRIVATE'`DRIVE cuRB _ _ _ N II 2 ~ 905 / I ep ~ ~ NOTES: ~ o \ _ _ 1. ALL PUBLIC WORKS WILL BE CONSTRUCTED TO THE CITY OF TIGARD STANDARDS. WI ~ ~i. ~ ~ ~ B U`. ~ ~ E R ' • 2. A PP,IVATE DRIVE AS SHOWN WILL BE UTILIZED FOR ACCESS TO THE SIX LOTS I I. ~I ~ ~ - ~ C V D 1 6TH INTEREST IN THE PRIVATE ' ~I ~ ~ R'R A C E SHOWN. EA H LOT WILL OWN AN UNDI IDE / I I ~ DRIVE AND WILL BE RESPONSIBLE FOR ITS MA,UJTENANCE. - I, II i~ 3 4 5 ~ 6 r I ~ I I ~ / 3. THE PRIVATE DRIVE SHALL HAVE AN EASEMENT FOR ALL PUBLIC AND PRIVATE ' ' _ - t ~ - _ _ I - I ~ _ _ UTILITIES. - - _ - i ~ - - I ~I,.. ~ _ i \ I I 4. AN EXPANDED HALF-STREET IMPROVEMENT WILL BE CONSTRUCTED ALONG THE '✓~a~C FRONT4GE OF S.W. 97TH AVE. . ~/L ~ 4 ~ ~ 5. THE EXISTING GARAGE/SHED WILL BE REMOVED. A NEW GARAGE WILL BE CONST- - RUCTED TO SERVE THE EXISTING HOME. ' S.W. INEZ ST. s~ 6. THE SANITARY SEWER WILL BE EXTENDED VIA AN EASEMENT AS SHOWN. L- . F~;i~ i • 7. THE STORM DRAINAGE FROM THE HOMES AND PRVATE DRIVE WILL BE COLLECTED a 1a~a AND DISCHARGED INTO A DIFFUSION_DISSIPATOR TRENCH AS SHOWN. THE AREA DRAIN WILL HAVE A BLOKED STUB OUT TO THE NORTH FOR FUTURE CONNECTION, • AND AN OPEN STUB OUT INTO THE GRAIN ROCK WILL FUNCTION IN THE INTERIM, , ~*+~~j i 8. A"10 FOOT WIDE UTILITY AND SIDEWALK EASEMENT SHALL BE PROVIDED ALONG i THE NORTH SIDE.OF THE PRIVATE DRIVE. ~w, 4 , • 1i/17/90 AGENDA # 6 W a^•~lti.: _ 's' - - ~ , P nor- 1. 1- ~ st . ~,:ie", t a ,h+ t `~!"iC~~ 'h*.,eL~'.. 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DRAWING IS LESS CLEAR 1HAN ~ ~ I ' _ _ - I6IS NorIDE,eIr Is DuE-rD I' THE WALITY OF TFE ORIGINAL DRAWING, _ _ _ i , . j , OE 6Z BZ LZ 9Z SZ,, bZ EZ ZZ IZ -OZ 61-BI LI 91 ~ • SI bi EI ZI- 11 OI 6 8 [ 8, S b E- Z INnr I I _ s From S & L LANDSCAPING INC P01 r ti Lwdscaping Inc. 8100 SW Durham Road • Tigard, Oregon 97224 Phone (503) 6394395 f S gas®:.~~.!'l-~ Tittle: December 17, 1990 • ; TO: e PAX / -32 Pat Reilly city administrator ; Location: City of Tigard ; FAX#AU1A% Phone 0: _ Tigard, Oregon 97223 RE: BUD 90-0010 ' i we received our packet of information from the City of Tigard dal Friday, December 140 1990 on the Appeal of Subdivision as named above. This late date has given us little time to review the decision of the City and less time to prepare a statement before the City Council for tonight's meeting. Therefore we are requesting that the Appeal of Subdivison 90-0010 be postponed for continued hearing toward the end of January or as soon thereafter s as possible. we understand that this request suspends the 120 day time limit required for response by the City upon receipt of application for said subdivision. r incerely, r Audrey Castii4!~ (\j F F COUNCIL AGENDA ITEM:_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 17. 1990 DATE SUBMITTED: December 5, 1990 ISSUE/AGENDA TITLE: Revisions to the PREVIOUS ACTION: No Previous Action Buffering and Screening Provisions Has occurred on this Issue. of the Tigard velo ment Code PREPARED BY: Ron Bunch, Sr. Planner DEPT HEAD OK CITY ADMIN O REQUESTED BY: Ed Murvhy PO ICY ISSUE Revisions to the buffering and screening section of the Development Code are being proposed to accomplish the following objectives: 1. Increase the level of buffering and screening between different potentially incompatible uses; 2. Add new land use categories that are required to install buffering and screening; and 3. Provide for more specific standards. These revisions will better protect land uses from each other and add more clarity to the Code. They will also increase the cost of development, both because more area is required to be buffered and screened, and because the standards for buffering and screening would be raised. INFORMATION SUMMARY The proposed changes to the Development Code are in response to concerns expressed by citizens and the City Council about whether or not the current standards provide adequate protection to residential land uses that abut commercial development. The proposed changes address that particular issue, and go beyond just the residential protection concerns to address other types of potentially incompatible land uses. The proposed revisions to this section of the Code, along with other revisions dealing with landscaping issues, were reviewed by the Planning commission at its October 16, 1990 meeting. The Planning Commission did not make a recommendation, wishing instead to spend more time reviewing the proposed changes. The buffering and screening portion of the proposed Code changes have since been written in final draft form, and are being sent to the City Council for review and direction. Further review by the Planning Commission will take place at their January 8, 1991 meeting. ALTERNATIVES CONSIDERED 1. Not adopt the buffering and screening revisions and refer the matter back to the Planning Commission for recommendation. 2. Adopt the revisions. FISCAL IMPACT No measurable fiscal impact to the City is anticipated. The more specific nature of the revisions will make the ordinance easier to administer and may result in saved staff time. SUGGESTED ACTION Continue the public hearing to January 28, 1991. rb/ccsumbuf.ord MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Directo i DATE: December 7, 1990 SUBJECT: Revisions to the Buffering and Screening Provisions of the Tigard Development Code Attached are proposed revisions to the buffering and screening provisions of the Tigard Development Code (Chapter 18.100). These changes are part of an in- depth review staff and the Planning Commission are undertaking of the Development Code's Landscaping and Screening Chapter. The Planning Commission has received this material and reviewed it at a work session, but have not as yet developed a recommendation. In addition to new ordinance language a new buffering and screening matrix is proposed. Because of the extent of the changes, both the proposed and s existing matrix are included for Council's comparison. They are attached as Exhibits "B" and "C" respectively. On the existing matrix, the proposed changes have been indicated to the extent possible. However, it is important k that the following additional major changes be noted on the proposed matrix: - Instead of the words, "Abutting Zoning District" being used, the following is proposed "Abutting Use or Zoning District." This means that non- t conforming uses, such as existing single family homes in an industrial district, would result in new development installing buffering and screening along their adjacent property lines. Different buffering and screening standards are proposed for one-story and multi-story attached dwelling units respectively. Multi-story attached dwelling units would have to provide for greater buffering and screening when adjacent to single story residential units. - Buffering and Screening standards have been increased between commercial/professional uses and residential uses. - Buffering and Screening is proposed to be added between arterial streets designated as such on the Comprehensive Plan Transportation Map and all residential uses, and industrial park and heavy industrial uses. - Mobile home parks and subdivisions is a new category which requires buffering and screening from different uses. - Parking lots containing more than four spaces on adjacent property are proposed to be buffered and screened from residential uses. It is recommended that the Council open the public hearing to receive comment and then extend it to a date to be determined. The proposed ordinance changes could then be sent back to the Planning Commission for additional public input and a formal recommendation. rb/mbuff.ord EXHIBIT- A. PROPOSED AMENDMENTS TO THE TIGARD DEVELOPMENT CODE CHAPTER 18.100 Landscaping and Screening Sections 18.100.70 to 18.100.110 Pertaining to Buffering and Screening Note: Underline represents proposed new language [Brackets] represents language proposed to be deleted [18.100.070 Buffering, Screening (General): Use Prohibited in Buffer Areas] 18.100.070 BUFFERING AND SCREENING 18.100.080 General Provisions It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 89-06; Ord. 83-52). Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrix in this chapter. The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right of way, buffering, but not screening, shall be required as specified in the matrix. In lieu of these standards, a detailed buffering/screening plan may be submitted for the Director's approval as an alterntive to the buffering standards provided it affords the same degree of buffeirng as required by this code. 18.100.090 Buffering/Screening Requirements A. A buffer consists of an area within a required interior setback adjacent to a property line and having a depth equal to the amount specified in [Section 18.100.110, Buffer Matrix,] the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. B. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. C. A fence, hedge, or wall, or any combination of such elements which are located in any yard is subject to the conditions and requirements of Section 18.100.80. [D. It is the intent that these requirements shall provide for privacy and l protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 89-06; Ord. 83-52).] [18.100.080 Buffering/Screening Requirements] D. The minimum improvements within a buffer area shall consist of the following: [A]1. At least one row of trees [with a combination of deciduous and evergreen trees] shall be planted. They shall be not less than 10 feet high for deciduous trees and five feet high for evergreen trees at the time of planting [and spaced as follows by size of tree.] Spacing for trees shall be as follows: Small or narrow stature trees, under 25 feet tall [and] or less than 16 feet wide [branching] at maturity shall be spaced no further than 15 feet apart; and [2.]ii. Medium sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. [3].111. Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater ( than 30 feet apart. iv. At least 10 five gallon shrubs or 20 one gallon shrubs for each 1000 square feet of required buffer area. V. The remaining area shall be planted in lawn, groundcover, or spread with bark mulch. E. Where screening is required the following standards shall apply in addition to those required for buffering: i. A hedge of evergreen shrubs shall be planted which will form a four foot continuous screen within two years of planting, or; ii. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen six feet in height within two years. The unplanted portion of the berm shall be planted in lawn, ground cover or bark mulched, or; iii. A five foot fence or wall shall be constructed to provide a continuous sight obscuring screen. F. Buffering and Screening provisions shall be superseded by the vision clearance recpUrements as set forth in Chapter 18.102. G. When the use to be screened is downhill from the adioinina zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adioinina property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval. [B].H,Fences, and Walls. 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the Director; 2. Such fence or wall construction shall be in compliance with other City regulations; and 3. Chain link fences with [or without] slats shall qualify for screening. [only in conjunction with evergreen plant materials at the same height or taller than the fence.] However, chainlink fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. [C.]I,Hedges. 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight obscuring fence where required subject to the height requirement in Subsections 18.100.090.B.1 and 2; 2. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence or wall when it ceases to serve the purpose of obscuring view; and 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.102. (Ord. 89-06; Ord. 84-71; Ord. 83-52) 18.100.100 Screening of Refuse Containers Required. Except for one and two family dwellings, any refuse container or refuse collection area which would be visible from a public street parking lot residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. rb/lsbuffsc.rb7 CITY OF TIGARD, OREGON ORDINANCE NO. 90- AN ORDINANCE AMENDING THE BUFFERING AND SCREENING STANDARDS OF TITLE 18 OF THE TIGARD MUNICIPAL CODE WHEREAS, Tigard Municipal Code, Chapter 18.100, "Landscaping and Screening," provides for regulations to reduce the impacts that adjacent uses of different types cause one another through the application of buffering and screening standards. WHEREAS, in some areas of application the above buffering and screening standards have been found to be lacking in mitigating the adverse impacts of adjacent uses that differ from one another. WHEREAS, the Tigard City Council finds that amendments to Chapter 18.100 of the Tigard Municipal Code, identified as Exhibits "A" and "B" are necessary to enhance community livability by further reducing the impacts that adjacent uses of different types have on one another. j THE CITY OF TIGARD ORDAINS AS FOLLOWS: i t SECTION 1: Chapter 18.100 shall be amended as shown in Exhibits "A" and "B". SECTION 2: In Exhibit "A" added portions are underlined and deleted portions are shown in [brackets]. SECTION 3: Exhibit "B" hereby referenced as the "Buffering and Screening Matrix," Section 18.100.110, shall be adopted in its entirety to replace Section 18.100.130 "Buffer Matrix." 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 vote of all Council members present after being read by number and title only, this day of , 1990. Catherine Wheatley, City Recorder APPROVED: This day of , 1990. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date rb/bufford.rb9 ORDINANCE NO. 90- t L Ll. n Cl S . _ . -x _ _ _ ...II"Illlllll~~llllll~llllllllll rill IIIIIT11111 11111-r~ IIIIf711111111 lllll~iii IIIrIIIIIII~II~I~litl ~ h!I~1111~11111•Il.~•111!Il~t..1.1~.!rln4•~_f~'IL.LI~I.I_J111i,~.llllil~• Llili~ill~ill~l III III III III III~11 2 3 ~ ~ ~ ~ ~ ~ , 4 _ 5 6 7 8 9 10 it 12' _ . 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OE 6Z 9Z LZ 9Z SZ bZ EZ ZZ ~Z OZ 61 81 LI 91 SI' bl EI ZI it OI 6 8 L 9 S b Z I~'+"' ~ ` E 'I 11 F, J!I mdInILNIhNIIIIIIIIIIIINNINNIunhnlhlulgNllU16NJIIIIIIIIIIwIIIIIIIIIIIIIIIlII1WI111IIIIlII~IIIpIIIIIIIti11{Illllllllxl IIIIIIAIIIIIIIIIIIIIIIIIIIOIIIIlI►111IIIIlIIIIIIIIII~WIWWlliIInNIIm6mllullunbwluWuuluuluu~utVw~lulnu)uubin ar.~.., e~ .u~ I~~' ~'E~R A U RY I. , - . - - - comef f; AeBmir ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Decewber 10, 1990 DATE SUBMITTED: 10/25/90 ISSUE/AGENDA TITLE: Zone Ordina a PREVIOUS ACTION: City Council reviewY Amendment ZOA 90-0002 and comment` 11411111 PREPARED BY: Keith Liden C DEPT HEAD O CITY ADMIN O REQUESTED BY: P ICY ISSUE Should the City amend the Community Development Code to reflect changes in ' State law, to clarify the applicability of Code provisions on land use activities? d-. ~z INFORMATION SUMMARY The City Council reviewed the proposed amendments at a public hearing on August 27, 1990 and at a subsequent study session. The attached Code amendment proposal is intended to reflect the comments made by the Council. The explanation of.the purpose of the amendment is described in the attached memo. In addition to the memo, this packet includes a proposed ordinance with an exhibit illustrating the amended wording for the Community Development Code. Ar' ALTERNATIVES CONSIDERED 1. Approve the attached ordinance P. 2. Modify and approve the attached ordinance 3. Reject the amendment and direct staff to prepare a corresponding resolution.< FISCAL IMPACT 1 Y S is S t SUGGESTED ACTION Approve the attached ordinance ` 10-19-90.MEM/kl l t d MEMORANDUM TO: Ed Murphy, Community Development/ Dept. Director FROM: Keith Liden, Senior Planner VL..-- RE: Code Revisions - procedures, lot line adjustments, partitions, and care facilities DATE: November 15, 1990 The staff discussed possible Community Development Code (CDC) revisions pertaining to procedures (Chapter 18.32), lot line adjustments and partitions (Chapter 18.162), and care facilities (Chapter 18.42). The attached packet contains recommended amendments to the CDC which reflect changes in State law and the preliminary comments made by the Council. The packet contains sections pertaining to 1) procedure (Exhibit "A"); 2) lot line adjustments and partitions (Exhibit "B"); and 3) modifications pertaining to care facilities, clarification of wording, and amendments to other procedural items outside of Chapter 18.32 (Exhibit "C"). New language is underlined and deleted wording is shown in (brackets]. Chapter 18.32 Procedures for Decision Making: Quasi-judicial { (Exhibit "A") This portion of the CDC has been reproduced in its entirety and the changes reflect the following: 1. ORS requirements pertaining to notice and procedural issues. 2. Designating the Hearings officer for the review of all subdivisions which do not involve a planned development, sign code exceptions, and appeals of sign permits, administrative sign code exceptions and administrative sensitive lands decisions. 3. Allow fee waivers for other parties in addition to the NPOs. 4. Permit the Council to hold hearings based on the record or de novo. 5. Have transcripts of previous hearings produced only when requested by an interested party or the City. 6. Corrections of errors, omissions, or poor wording. Chapter 18.162 Land Division: Major and Minor land Partitioning - Lot Line Adjustment (Exhibit -B-) This CDC chapter is proposed to be amended to: 1. Comply with new ORS requirements. 2. Streamline the lot line adjustment process to reduce the review time by two to three weeks. 3. Modify the procedure for granting an extension to the approval period. Care facilities, related amendments, and miscellaneous revisions (Exhibit -C-) The Council expressed concern about the adoption of definitions for babysitting services (called family day care by the State) and the implication that by defining this term, the City would regulate this use. Presently, the City regulates "group residential" (occupancy of five or more unrelated persons), "residential care facility" (five or more handicapped, etc. individuals), and "children's day care" (13 or more children). The City does not regulate "residential treatment homes" (five or fewer persons receiving care) and "family day care" (12 or fewer children). During the review of the CDC, it became apparent that several revisions are necessary to clarify when provisions of the CDC apply to these types of care facilities as well as other land use activities which are identified in the Code. The major revisions in this segment of the packet include: 1. Definitions for various care facilities which coincide with the State's (Section 18.42.020 A.). The references to these terms are also changed as needed throughout the Code. 2. Clarification of the procedure and permitted use section of each zone regarding all uses permitted in each zone (Sections 18._.020 and 030). 3. Amending each zone to replace the partial list of other applicable requirements with a complete list (Sections 18._. 060) . 4. The allowance for a caretaker's residence was inadvertently deleted from the I-P zone during the last Code revision and it is proposed to be included again as a permitted use. A caretaker is presently permitted in the I-L, I-H, and C-G zones. 5. The Site Development Review provisions are modified to clarify which permitted uses shown in Sections 18._.030 are exempt from this review process. 6. For the last Code revision in early 1989, it was intended that land use approvals would be valid for a one and one half year period with eligibility for a one year extension. Several sections were not appropriately modified to reflect this policy. 7. The Signs (18.114) and Land Division: Subdivision (18.162) portions of the CDC are amended to make the Hearings Officer responsible for the review of sign code exceptions and subdivisions. 8. Allows the Director to grant extensions of approval periods without requiring a hearing or notice. 9. Other sections noted in the packet are included to correct minor errors or omissions in the CDC. An ordinance is included in the packet which would adopt the changes noted in the three exhibits. 10-19-90.MEM/kl f. k R