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City Council Packet - 07/29/1996 - . _ x W lam' 4 -if ¢ - - - - _ rg f - - 4 t 3 ~{fi w _ t. Y L t a 7 i- sr y -v v ad te x- } ,.,rte+;5 ~'fc5' E - fi x 4,. - -a " g -t ut s t~ 'a a ' {u = y ' f t 4 ~`i" Y' fi SFY 1 Z ("I'll t fJ f h y+- - ~ --Z.- . A - I} ice- - `.'€.y-n Y'--`_~i. _ Y WON- 7~+ \ -x x t h CITY OF TIGARD >.-Y•;;n.i.i'- tea. <"%5:4k j f ,b- ' .sz- - , , - ~ , i ~ - I I ti rll~' 7- a`a\ ca...~.. a~.1.,~ y w.t iZ- I-I±~s 1Ti y-~`'' , 1. SPECIAL COUNCIL MEETING , _ '6 i . i Gail Call Order y, xfi .'NItt ° L.2t.R , 1.2 Roll Call 1.3 Pledge of Allegiance ~ s~ ` 1.4 Council Communications/Liaison Reports z ~ i a ' 3 1.5 Call to Council and Staff for Non-Agenda Items , , " 11 ~ c, { { ` fit PPP 2. COUNCIL DISCUSSION: CONDITIONS OF APPROVAL PLACED ON THE , ~ FORAN SUBDIVISION (SUB 95-0002).fi l- Request for a Subdivision (SUB 95-0002)/Lot Line Adjustment (MIS 95-00120 z s i R 1. - and Sensitive Lands Review (SLR 95-0006) - Foran/Piculell Group ~ - ~ I,, • City Administrator ~ql ~ ~ ' 3. EXECUTIVE SESSION: The T'igand City Council ma y go into Executive . i ~ c s .ME , Session under the provisions of ORS 192.660 (1) (d), (e), 8[ (h) to F = L discuss labor relations, real property transactions, current and pending F ' - gam - Y. ~ litigation issues. As you are aware, all discussions within this session are ; confidential, therefore nothing from this meeting may be disclosed by those r'- ° s'" i-~~.,- "fix s{ E present. Representatives of the news media are allowed to attend this>° } h n # 5 session, but iiiust not disclose any information discussed during this session. ~ s' - r k~ 4. NON-AGENDA ITEMS s z 1 - E x s M. t 5. ADJOURNMENT 4, 4 K h s„ ` - t + + I ' 4 r COUNCIL AGENDA -JULY 29, 1996 -PAGE 1 r ~ ~ i > gi_ ' a wa - k . • ` ~ X k~. t x t f t l' Ah ' -i .p„qx 'gym"- .r*anx,.~l Hz~. :'r n::' :,4; -...a.w.,.«., - m- - ~t; ;7.~z..:M,-. 'tr .ex »s - ' f'r- _ a zt: - x _ f xl tk 3}3 , 7 - - ' -xk Y l~-x~ ~ N .e - d V - 'Ft~, F* C tom' t f a to - + hE E ~ , rr'r:~ 4:~~' ~~'-"~"r ~ 3 , 'LL r~ r. - --1, - - - - A r x..b~ `is tip I i• .f { a 5 ~+°i ¢ P p' i .f~.,Fr~'4' - i Y - t - x _ z S-?z, A'3 5 6422 p` 1` = - 2. F ,..._,...<...-x ..x,tw..e.a,.. E....._.. k.s ......a..3.c:.v"wwsu.w. ~..-.~....v.t~rrY.v e~ r_bPA ' ` yx~ - 4 tr -'."""'P{- 4 $ t L V 11 r ~x ' 7 - ' Agenda Item No. :3. I 4 ' ; a { x < £ ~ , TIGARD CITY COUNCIL Meeting of q Ili CC1l0 1* us t " s.> , SPECIAL MEETING > I X , MEETING MINUTES -JULY 29, 1996 { - 1. SPECIAL COUNCIL MEETING r } • Mayor Jim Nicoli called the special meeting to order at 7:17 p.m. ~f Council Present: Mayor Jim Nicoll, Councilors Paul Hunt, Bob Rohlf, and ; f L Ken Scheckla. 4 " # a Staff Present: City Administrator Bill Monahan; Legal Counsel Pam Beery; ` Associate Planner Dick Bewersdor f; Asst. to the City Administrator Liz ; S k ` Y Newton; and Development Review Engineer Brian Rager. dy 1 ~ z' * • a Council Communications/Liaison Reports: None ~ - " y Call to Council and Staff for Non Agenda Items: None j}t ~ t 2. COUNCIL DISCUSSION: CONDITIONS OF APPROVAL PLACED ON THE F ` ~`l .qfts S s - FORAN SUBDIVISION (SUB 95-0002). P O Request for a Subdivision (SUB 95-0002)/Lot Line Adjustment (MIS 95-00120 and z n F ~ x a 3 Sensitive Lands Review (SLR 95-0006) - Foran/Piculell Group "~,r ' ' City Administrator Bill Monahan stated that the intent of this meeting was to discuss the conditions of approval that were placed on the Foran Subdivision in "titr ~ ~ - September 1995. He reviewed the history and discussions regarding thef - subdivision, noting in particular the issue of tree preservation. He said that f . , ? according to the meeting minutes, the applicant intended to save seven to eight i trees on the western portion of the k property (Lot 1) adjacent to Mr. Metzler's F property, and that the Council accepted staffs recommendation on the basis that it j meant preserving trees. ~r *4~ x ffi T Mr. Monahan explained that since the approval, the applicant has provided new Kq ` information to staff regarding the cut and fill, and that last week they were given a r permit to remove all the trees on the site. He said that Mr. Metzler brought this to r y staffs attention and to Councilor Scheckla's attention. Staff concluded that the best course of action was to have Council review the conditions of approval and t determine whether or not all the trees could be removed or if there was an r }h ' ~ a _`r'~y x. alternative. He noted that Brian Rager was handling this matter in lieu of the r ~ n x original engineer Michael Anderson who has left the City. ` ' i E Planning Manager Dick Bewersdorff reviewed the decisions of the Hearings 7 V " I Officer, two of which the applicant appealed: alignment of the proposed street to s " save trees and an improvement to the pedestrian easement. He said that Council x 3 z 7~ -I rv approved the conditions with phased tree removal permits, the first for tree removal r for geotechnical services and the second for tree removal on individual lots. ' £ t _ ( ,~.~x f ' 3 CITY COUNCIL MEETING MINUTES -JULY 29, 1996 -PAGE 1 ' ` s ~1 s i t _ T j- ~i ' F ; i,', -r-,-" R N z t r a t J. _'4~' E . ~ I i Z - 1 - -4 d - G ~ ° a R Y ji- f i- .,t" , j I - - 3 f ti { r- -E - _ - - - iw t _1 F hr Y - - - t - - { - bF , r ' - ' - - ~ I . , . L , , r ~ - - , r, ~ ' _ - ~ ~ ~ ~ ` 0`11 -1 I I " - , " ' ~ L "I .F ° - : . h - ,i ...t i _ L.s u..... - L.. i_.~.1 iT t n-r - s_.._.-_ .f-. .-Z.- z 7%, Y2 1.?. ~ .1. ~ =per z^~, 1 S r~ - _ Mr. Bewersdorff said that staff approved a permit to remove all trees on the basis of . the grading plans (as approved by the Engineering staff) which indicated that the trees would not survive the amount of cut and fill required. >v c~ Dev. Review Engineer Brian Rager reviewed the chronology of the City review of r the engineering plans. At meetings with the staff and applicant, the street alignment and the requirement for a half street to extend to the south were R c - discussed. He said that the applicant could not gain the needed slope easements M j from adjacent property owners to accommodate the required grading. Therefore, ' { and because the street was not needed at this time, staff agreed to let the developer pay an estimated amount for the improvement which would be made in the future. 4 1 r - Mr. Ramer ex Whined that staff nlcn !!owe d a reduction in the width of t e ri La of .7 Y...... v...... ....vv a. 1116 lglll (!1 j FSL.a ° E 3 way for the street from 50 feet to 44 feet, per new regulations, to minimize grading for the street. < y KtL iaKG y Mr. Raaer mentioned the proposal submitted by Jay Harris in March to Gan, Alfson and himself regarding the site grading approaching the west property line which r staff rejected because it did not comply with City engineering standards. He xr~ reviewed the grading plan on a map. Mr. Rager said that the additional reports required by staff were submitted in April.z During the plan reviews, staff rejected a proposal for a pedestrian path following the west property line because it was so steep that it meant stairs would be required ti along the entire path; staff felt that this involved unacceptable liability for the City.n He pointed out an earlier proposal which showed the path following the contours of the land. He said that the applicant returned with a second proposal that eliminated the need for steps with the steepest slope at 23%; since other city pathways had slopes up to 25%, staff felt that this was a reasonable compromise. r "~*s* £1 Mr. Rager said that the plans complied with the engineering design standards and subdivision conditions. He noted that the permits have not been issued. Mr. Rager reviewed the grading on the site, explaining how the cut and fill would fthg4 k work in putting the road in and obtaining lots on both sides of the street. He noted a staff concern about keeping the fill out of the drainage area. He said that the developer verified with a wetland consultant that the drainage area was not a f wetland. He said that the Division of State Lands concurred with that finding and E held that this was not a "waters of the US," meaning that the only construction { limitations were the general storm drainage and erosion control standards adopted c by the sewage agency. He pointed out that staff has required an erosion control plan and erosion control fencing all the way down the slope which the applicant has complied with.• d Mr. Rager stated that the engineering required to comply with the slope e4 L i r r requirements, design standards, and fill slope requirements resulted in more f657', - r CITY COUNCIL MEETING MINUTES - JULY 29, 1996 - PAGE 2 a c r cr r j { r> 1 ',f - - 7„ tl „t S 4 _ . - - ~,':S-, _ F F _ , - e ....s _ _ fi, - x a - w - - t' 1, y. - _ i y. Y 7- - i ,....N.4. ..z.-Z.E_i... .a.~ a.<»csza.r~...zaw.mw - ...__~...~°'~+wad"t a- Y l `'F .,.E 2 - { 11 - s _ I Y ~ ~~3-,C-4~,~.-X'4- '-,~~G~,',~,t R., , , , { grading than was originally evident in the preliminary review of the project. He - 0 noted that most arborists held that cut and fill anywhere near a fir tree would, r q_. - damage the tree and probably kill it. Based on the cut and fill, and the unlikelihood 7 that any of the trees could be saved, staff approved a permit to remove all the ; trees. ~1 W r _ In response to a question from Mayor Nicoli, Mr. Monahan said that the issue this i evening was whether or not the conditions placed on the application to carry out the 4 ' r plan as approved by the Council included an obligation to preserve any trees, and [ I - , whether or not staff had the authority to approve the final engineering plans and t n issue a tree removal permit for all the trees based on the final information provided. x i- - - - -x yY'-xL- Mayor Nicoli asked if the Council had made it mandatory that the trees on Lot 1 would not be cut down. Mr. Monahan said that while it was not written in the ##rt Rags ~,i conditions, it was said at the meeting that certain trees would be saved. He cited j ' the meeting tape in which all four Councilors and the applicant indicated that they E ;11 t, wanted to save the trees. I ; rg - Councilor Scheckla said that a major factor in his vote to approve the ro ect was s the knowledge that the developer would save those trees. He said that it appeared G . , t that the plan has been modified after the vote and suggested that perhaps the trees ti should be left on Lot 1 and no house built. ~`r > h Mr. Monahan pointed out that the record indicated that Mr. Bewersdorff specifically _ answered a Council question by stating that the plan would save trees but that - - t t other trees could be removed once the plans for Lot 1 were received. zt i-. Councilor Scheckla asked if this item could be sent back to the Hearings Officer for F` a ruling. Legal Counsel Pam Beery advised the Council that they dinot have thet a zfi ' authority to reopen the hearing at this point because the final decision has been in ar ~ tx place for several months. She explained that the enforcement section of the Code .z included a provision that allowed the Hearings Officer to resolve questions of ? # enforcement (whether or not the applicant was living up to the conditions of _ ff , 5 approval). - 1 't.1F.{ 3 S S { Ms. Beery pointed out that staff was saying that the trees could not be saved based - ;~1s "k, I on the new grading plans. She explained that the Hearings Officer was limited to x % + considering only the language of the final written order, not any verbal comments or ' s stated intent of the Council during the meeting. She read Condition 6, noting that, r w' staff was trying to limit the number of trees removed by phasing tree removal, first ' hm g C removing the trees for the street and then for the individual lots. w ti- ~ I Mr. Bewersdorff verified for Councilor Scheckla that as of now, it appeared that no ~ 3 trees would be saved. He stated that no mitigation was required because this x+' application came under the old tree removal permit provisions which did not require ' y` g _ K mitigation, i ~ , ` c - ` I1 . CITY COUNCIL MEETING MINUTES -JULY 29, 1996 -PAGE 3 li # d K i Y it tr 3 i _ _ _ - ,--=1v ( z h Y , r ' -'r" - - , ;L" ' ' 11 , - ~ , ~ r ~ ~ , , ~ ~ - " , ~ ~ , .ET.. _ - - - [ t9i f l,~ _ _ 1 - t 1 - 4 - _ 1 { _ F C I . t , ! i ~ i E . ~ ' ' I' , ~ ~ , : _ ~ ~ : r ~ I r - , - , , ~ , - ~ - . 4 j T ! -4 - n t : -r h - Y~ r il. r L 1 1 r r -2 - _ _ 'r 3 _ _ - _ I - . 1., ` a s _ act -t~~; - - 11 ~ -1 - -k cr l ''t - t - 4 ® i } # - f l i _ l pp - jh r i l t 4 R Mayor Nicoli stated that he thought that staff and the applicant made the z l:, reasonable attempt he expected them to make to save the trees. He said that as p long as the staff and the applicant were in agreement, he saw no reason for the - g z e Council to get involved. M . z Councilor ~o hif coiiuiieritcu 'that a lot of effort went inf. . PM o trying to save the trees at E t r the original meeting and that the neighborhood left thinking the trees would be F NF yr , , P preserved. He said that he would have worked longer to find an alternative if he had thought this would be the end result. He said that they had found a balance . that evening but now they were "cutting the neighborhood off at the feet" and - 4 leaving them no recourse. He said that he did not think that was fair to the neighborhood. He noted that removing those trees did not help with the erosion , ' problems they have had on hillsides in the last year. ' ° Y Mayor Nicoli concurred that removing the trees did not help the hillside hi it noted ` x that the remaining trees would most likely blow over onto homes, such as z--g" ~ z. happened last winter. He said that while he wished that they could save the trees, ,~w;} he felt that the staff has "gone the extra mile" to save them but it didn't happen. He . ~ said that he did not see that the staff had done anything wrong and that the Council should 'pack them up. 1 Councilor Hunt said that he had mixed emotions about this issue. He stated that l " while he agreed with the Mayor about the trees blowing down on homes, he " - 3 j thought that there might have been misrepresentation (not necessarily intentional) A , ~ that the trees could be saved. He agreed that the people left thinking that the trees would be saved and that taking all the trees out now wasn't fair to the " ~ ~~,*r originally, would nothaveifothe developer had requested removal of all the trees _ - ;;J~- ` ' would present problems in the Pong run.hat because he believed the firs and pines c. - -e., L s Mayor Nicoll reiterated that legally the Council was bound by the written order, and z sY that they could not go back and take any further action. I° I 7,r _ , - Mr. Monahan said that the object of the meeting was to clear up what the direction ` ~t ~ j was on the first decisiPn -whether or not there was Council direction to save theMW . y F trees even if it wasn't art of the conditions - and to give staff direction for future C hearings based on a real life situation. , X ~ 1 - Councilor Scheckla commented that Michael Anderson could probably clear up a $ s > 3 1 lot of the questions. He asked how the reduction in the right of way came about I and if there was any way for the developer to acquire the easement they had failed - °s' ' t to get before. ki , E i:: F { rr r 7 Mr. Bewersdorff explained that the standards changed since the original application - to allow a narrower right of way for streets, and that staff allowed the reduction p , I because of grading considerations and because they did not need the wider right of r4 t` N way, a 1 ,,1. z 5 d h f i'< ' ~ d xt f CITY COUNCIL MEETING MINUTES - JULY 29, 1996 - PAGE 4 - t l r 3 k J 'x 5 - } f ' , - I ~ - 1~ , 4 7 ~ 2. " , ~ I ~ ~ ~1~ ~ I ' , ~ : r , , , I " - L , 11 , . . , . A , ~ ~ ~ , : 0, ~ I - I ~ , 'I S. _ N f'. a a 7 - - - - ,,e - - t I f Y _ _ - ,Z _i i',T --'.fit - - -w!(Y4k1 - - - M Y Z:.nsyT.: - S _ - - _ _ _ ene'y S' _ _ _ Y-, < ` r - - - F- ,Yfi~ f Y y - rsw° .m.-..._.,,_._..~.. m..,.«wus:ue,...x...a§.xiv..._.~....._....~.._._.. f f _r S ,-e; ~-M a ~k e- nq w " ' Mr. Rager stated that he mentioned the easement issue as background to the 3 } 1 x discussion. He explained that the street stub did not have any bearing on the } . . preservation of the trees in question. Mr. Bewersdorff said that the original staff proposal to extend the street to the north might have taken out those trees but that staff recommended holding off on the final proposal y~ _ _ Councilor Rohlf expressed concern about the process, commenting that he saw this as a political resolution that was not tied into the engineering of the site. He reiterated that he had left the meeting thinking that the maximum number of trees " would be preserved. He said that they should have either conditioned the proposal ~ ~s or used different language or made it clear to the neighborhood that the trees were ~ still at risk. - -a Y T ! Councilor Scheckla said that he thought they had reached a win-win compromise ' itA~~~. the night of the hearing, Mr. Bewersdorff said that staff also had believed '~a' the ~ lr 's:~~`,a~.*... _l - trees could be saved; they did not know of the implications of the grading and the -W~' - ~4 cut and fill.„ r , - Councilor Rohlf stated that he did not fault staff who had not done anything wrong. F rt This somehow pped through the cracks. H a In response to questions from Mayor Nicoli, Mr. Bewersdorff said that these kinds of S r~ ~ t, issues were not normally dealt with at the preliminary approval stage in the s { 71 ' - G A subdivision process. He reiterated that everyone thought they were going to save i< s ? r trees. He explained that the standard process under the old tree removal process , - N y was to permit tree removal based on the location of public facilities. He noted that 5 F the new standard included planting of trees as mitigation. 7 , z ,m ~s ~ Mayor Nicoli stated that he saw this as an unfortunate situation and that he m ~"1 ~ ? understood why the neighbors were not happy. He said that he thought Council ~ } ~ ~ • V could not take any legal action one way or another, and that staff did as Council ff~ directed them to. F An audience member asked to speak. Ms. Beery stated that she was - r uncomfortable with either the developer or the neighborhood speaking to the txt u 1-11 11 Council outside of a noticed public hearing. I- I - ;3 F The Council discussed the options of reconvening the public hearing or sending it I, to the Hearings Officer to determine if a violation of conditions has occurred. Ms. s; e , ~ ' Beery reiterated that the Council could not legally reconsider their decision at this xF. rig point; the only question was whether or not a violation of conditions has occurred, " y ' " I and by law the Hearings Officer could consider only the language of the written:_ ~ { order. # } 3 - 1I _ Councilor Scheckla spoke for sending this to the Hearings Officer. Mayor Nicoll s ; K expressed concern that doing so was misleading to the neighbors because it F.; implied that the Hearings Officer might reverse the decision when in fact it was extremely unlikely that he would do so. Councilor Scheckla said that simply having ' t; Ws K f '4.r f r CITY COUNCIL MEETING MINUTES - JULY 29, 1996 - PAGE 5 # k ~j , F r E M Fk N 4 ' " 1_~ L -1 t : r ~ ~ t I I r ' , ~ - - - , Lj { - - , P }i v d- 4 S J E , . - r , ~ . : ~ . ~ , r ' ~ X r _ _ IY r 1 7 ~"+r.~_"'r , .~~•Y", - t----~~._ - ar~+ _ r~c-~ -m r4... - u -=l 4_ ,.v. v _ i_~... » y..t x. 1. W.i- ,c - .Y.l . - r.-y v_ ~i,< _1 g X4.`5-~' °'k4.'G} t _ - p. - -YP - C 4 5 1''%, 15 ~ Y S d 1 - f zf - _ _ _ v r z r+ r vi. € hoc d~"^ t _ '°r t 'c, A~ 3}' _ °s X4°'.3 s `Z C V~~{"1~-1 ky _ - y - 4 T``is Y R - r tP ]l y 1} } - L 1L y Z s ; the matter heard by the Hearings Officer would help clarify the situation to his ' . 7 - satisfaction. Mayor Nicoli said that he was satisfied with staffs actions, though not g , _ = u , happy with the outcome. { { k s ,j ~z y ~ Councilor Hunt asked what could be done in the future to avoid this situation. Mr, t r am` _ A- t t Monahan said that staff could "flag" issues that were politically sensitive or had a r M 2 - , ~ significant amount of public input nd bring them bacto a Council work session, 4?i L } 4 should there be a significant change in the applicant's ability to meet the condition. ~ fZ.t" 4 fir" 3~ -"'tom S nJ': _ Councilor Hunt agreed with Councilor Rohlfs comment that the process in this t a' a j situation has been a waste of time, though he did not fault staff. He concurred with Y { r X, s ` Mr. Monahan's suggested procedural change. y r W # ' 3 Mr. Monahan said that they could also clarify in the record when there werer unknowns that could affect the final decision. 4 4. NON-AGENDA ITEMS t ~ } X315} t-.- - S§.,ik3 d_ - 5. ADJOURNMENT: 8:07 p.m.~- h~ - VZ! - ~ _ 'T - k K - N Liz Newton, t. to the C' dministra r Y; t Attest: - t ; 0 A- r r~ ~ a ~ . - -t+r - 6Y < 3° `1 rte. 'k r ' 1', I yor, City of Tiga d ~y< Date: GI 11 u I Ct & 1 x 3 r ' F - ~ m a e gK - 11 ~ tir 6 r ~ Y t o ri pc'6 1_ t_ aI , I~ - 'S' { s -,k CIS r zti F l I o - t.t y, y _ i r ,;mot .jazz'- a 3 - a+ x - ~ I `Y"A tz j Y d k Y~J' 1,- -Al, "'~P ~y, P ~ 71, , p s CITY COUNCIL MEETING MINUTES -JULY 29, 1996 -PAGE 6 1 T 4 k~ ' ~ ` 3E-' k '"'z`Y'-bra - ' S" b t3 s4 F~ 6 S - - w° - 4 Y1 fig'" f .1~rt J^S 5 F~% - `"'^^e^..',°^`+r+.: Y~v .,y. yam... _ 9~6ng~Y _ 3 § 1 b S Y Y.Ks act S ` _ a F j £ E - - ~ , ~ - L , _ . ~ , - , , . ~ - j- I # r z i' V t s" '.ji r:`'x -t- rte- 5I - t - T` 4 x' r - x b - - z r I 3 V - - 't - . , - , - ~ . " * ~ j s 47~' t I 11 I p I - I MA - I - ` 11 r ~ ~ , - ~ , - , ~ r i, - , - , _2~1, ~ ' - - 1 I. f _ -F ~y- x 'tF ~,~.7.h' `„~'.`•::rl 2:y 1 - 5 - t- 4'5 3 Xs° - 1_- t•'ct` .i£~°; R,`~ akaK ,.s t f - _ - i `'L a,&i~`1Y_ ~i~ 't^~~w ~i fs 14. M, -a 2-1- 0 1 CITY OF TIGARD, OREGON # AFFIDAVIT OF NOTIFICATION rt- In the matter of the proposed 4 3 Y „:g r W 4 > a s§'4 i STATE OF OREGON) , Count of t Washington) ss City of Tigard e= ) s 1 vs., _ ` being first duly sworn, On oain, depose and say: V-7 That I no I led the following persons by phone or personal contact of the Notice of Special Meeting for the e Council Meeting of f46 a copy of said written notice being hereto attached and by f ~T 2 L reference made a pa er on the sax'~_ day ofa` U s4 a CONTACT METHOD: PHONE PERSONAL DATE TIME " r tt a ' 3433~~s 4 ~ Tigard Times Reporter at 684-0360 FAX - k O ' ~ p t rk pf ~/.l~i/q[•a f "Y{~ 5-y~~,~~i~"i`yi''~a ''7~G~1' t? i V Name: _ kk,aQi,~ TV, Oregonian Reporter at 297-8861 - or 639-9867 F 5 ~ Y Name: d~ t q(e Subscribed and sworn to before me this e; day of 19 r i Fa 4* G k OFFICIAL SEAL # t~ { CATHERINEWHEATLEY eotary t P" t1~.NOTARY PUBL"REGON lCOMMISSION NO.042178 Public for Oreg_on ' ~ MY CO 6"Ai:SI^ON EXPIRES MAY 10.1?" :g 'My 5 %ol~r9 ar U Expires: 7 r f r $ - a `i`"T ' r My Commission i n~' e 3- 2 - bgnfeaNyla0nol cr _ - ~W PKC F c7.,z ,y- Is - `s>3~xy,Lr,r F 3 t - 'Y 'h 4 '?.Y'µr~ k~=`t - t s4 - - I# 3- ~-s*- f t t3ft FYI' 0~h .h .1 r ~ x si 5 pgy?et~4 xT.v3LC.a'~.3.''..S.,....s.1 L` ro m `i " 'Z v".ati w' - 4, NEr RN K y { z rr i Po'~y~ -44- Lqlz s- F ~a z =r IRA c5 ,y= x 4 S get&r-.,. - ~t ~'t .3.TS~; ~ r ~qg NOTICE OF SPECIAL MEETING N A TIGARD CITY COUNCIL b+~s JULY 29,1996 , z 7:00 PM-TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OR 97223 No- _RK I, E2, tw y Notice is hereby given that a special meeting has been called by the Mayor, with - ILL T the common consent of the City Council, for July 29,1996, in Town Hall (as noted T r in the title above). The purpose of the meeting is to discuss conditions of~ " approval placed on the Foran Subdivision (SUB 95-0002). 07, ~i" +rTt' F t ~ - ,c 'S _ S`a`a am Y"~"" 2...•. - _ M. Jo nn Hayes Deputy City Recorders;} ~r r Date Posted: July 26,1996, i , Press Notified: The Oregonian (Harry Bodine) n s The Tigard Times (Mike Lucas) Y'f t v ~og vk✓a r, ail YN- i:SadmVotpubnoedoe i -'r~ trr _ J -r ^^-^,.Qwrra-;rn .s°° a-vP" 7 u+r~'~',"f 'elf 5 x 4. rJ t z, U t its ? pz. .q4 ( Y"' ~s^d',y,,-rte zP' ri x t {f z -r ra~"~, Of- -tnl r Lt` a 5-b O L ^p9AlA~t S i~f~ Y 'fi T E _ k. Is, 4 m aay"~6a'ssE '1T '1w. .t 4 _ _ pr` i Y- S z4,- ,j,,5Ksa a" - t e - r- - -^t _ - r as, YFY+ _ ~ - ..>..ar.:.. ss......3 .~x._..w..,... a. s. «...ra..,.k.e..u..xet.__z -.A.r.:.-.Ril'..a:Yh.sZ.G^`. _w...e.K - 31~ - -p€-3 07/28/96 16:27 '$503 684 7297 CITI' OF TIGARD fa 001 $ "5 y Pt - f' t g b, r k , M Z... Y " ' . -d. zza ACTIVITY MANAGEMENT REPORT TX .zx - ~ T.~ s z~- v .s'~ r I X fiY# MODE CONNECTION ID !t 00'00 0 NC er,~l v~ -a 0 #018 I ® i- is t". _ x7165 TX 2433827 07/26 16:15 00'00 0 NG ' fi r ;w 0 #018 _ _ - ' - 27168 TX G3 5036.,47755 07/.6 10:18 03 1 tix':,~,,, - ;a .7169 TX G3 5036840142 07/26 10:28 01'35 2 OK ~ E- _ ' 27171 B'CAST G3 5907654 BOB ROHLF 07/26 10:37 01'25 2 OK 't ri `'°i., Y _ e'; 3 s x7171 fl'CAST G3 503 620 5963 KEN SCHECKLA 07/26 10:39 O1'26 2 OR """X"k~' >L- - x7171 fl'CAST G3 5035901240 BRIAN MOORE 07/26 10:41 01'27 2 OK F~ - _ t72?1 B'CAST C3 5208759 PAUL HUSI 07/26 10:50 01'23 2 OK k ~`;~y,r' nth'' _r 1 11 :7171 B' CAST G3 503 620 2086 NICOLI ENC. ,Inc. 07/26 10:58 01' 11 2 OK `5 t -.,s~,",, 3jv € x7174 TX G3 5032433829 07/26 11:01 00'47 1 OK ~P t - t; - x7176 TX G3 620 3433 TIGARD TIMES 07/26 11:08 O1' 37 2 OK - i s - -b-~-, :7179 TX G3 503 620 2086 NICOLI ENG..Inc. 07/26 11:39 00'36 1 OK - A--`G` _ y :7182 TX G3 5038447400 07/26 11:44 04'38 7 OK ~A3y '.~~v a',.,.~ s _ - ' :7184 TX G3 620 3433 TIGARD TIMES 07/26 11:51 01'31 2 OK - ~,t' afj7.~''z, a _ 27186 TX G3 503 882 8820 07/26 11:57 05'54 6 OK'^ - t-;~ `,-l-,'`'-' 503 639 7563 07/26 12:05 00'46 1 OK f" >r::=`~"'~"~"'''`-"?2'44= - s7188 TX °'z"'-.,r.-- =x~"'- .7190 TX G3 8189326177 C7/28 12:18 01'17 2 OK n, a .""az~l~>,a I z .7192 TX G3 503 238 9767 07/26 13:30 01'22 2 OK 't - _ f j 27194 TX G3 15417576936 01/26 13:44 02'37 5 OK tx - Eq ~,,,,-t ;a; , - s Illi~ r~"'t' A - x7195 TX G3 5036241454 07/26 13:51 06'59 11 OK :7198 TX G3 503 620 2086 NICOLI ENG.,Inc. 07/26 14:06 00'54 2 OK - ~ tn,,- _ '+00 TA G3 503 275 5617 Credit Records 07/26 14:42 01'12 2 OK ;r,~r-- ^"x r,, - t 1 , a -a' x, Y 02 TX G3 503 693 4851 07/26 14:44 00'47 1 OK ° -,F G3 02'45 6 OK f a ,-I "'°'y x _ 7207 TX G3 503 693 4851 07/26 15:28 00' 47 1 OK r,- - ~ - - 7208 B'CAST G3 5907654 BOB ROHLF 07/26 16:16 00'44 1 OK - }s~; Ra'"ce,~ y , - 7208 B'CAST G3 503 6LO 5963 KEN SCHECKLA 07/26 16:18 00'44 1 OK 1~ 'x +w - ZzJ, 7208 6'CAST G3 5035901240 BRIAN MOORE 07/26 16:19 00'44 1 OK=°i F,~ 7208 B'CAST G3 6208759 PAUL HUNT 07/26 16:20 00'42 1 OK4 - t x r~ 7208 B' CAST G3 503 620 2086 NICOLI ENG. ,Inc. 07/26 16:22 00' 38 1 OK a-'f`at' a.. ! , 114 7210 TX 2081813 07/26 16:23 00'00 0 NG'fh ~irv 0 STOP , ; , vxa 't e c _ 7212 TX G3 503 284 5132 OREGONIA.^I 07/26 16: 25 00' 54 2 OK _ d ii --a' 1,-,, _ 7213 TX G3 5038203433 503 TIGARD TIMES 07/26 16:26 00.'46 2 OK - I t a T [ - y wu4 - f ✓ ,ro ° ss.xz.as.xffixxsxaxffizxssxxx.iasxxssx..zasxs - axs ACTIVITY )fANAGEMEN"P REPORT RX xffis I^' - .x...xxss.sszxazaffiaxssasxxxxsx.xax.x.xxss i a ACTY# MODE CONNECTION TEL CONNECTION ID START TINE USAGE T. PAGES RESULT , ~x . \ t .7162 AUTO R.C G3 503 28i 6164 07/26 09:38 00'40 1 OK p, r4 r 7'" _ s7I6S AUTO RX G3 5036447400 07/26 10:04 01'37 2 OK 'i ~'r - 27172 AUTO R.Y G3 "x03 873 5384 07/26 10:42 06'41 15 OK , r.- ti a P =r i'~ 67178 AUTO RX G3 +1 503 1140 3588 07/26 11:37 00'38 1 OK M,~ sF - 0 AUTO RX G3 503 968 4844 PNL MICRO PD.I' OR 07/26 11:41 01'55 2 OK _ X91 AUTO RX G3 5032432944 07/26 12:32 02'57 6 OK fir 'F a ` - .7187 AUTO RX G3 07/26 14:02 O1' 17 2 OK ~ ` k-~~_ L e _ 11 ~.a r 4, f: - 7 -s F I _ -i s - -e - -'i . . r ~C,3 S A r f r ,`t" 4 *e,z' 'S+.TN "k v 2 ] .,s#- ?T _ - } _ t2- i t -11- 11, F t 3 RE „e , a - - t - sr z~, [ ,-?,,,~~,E~~,t,,,,,.-,,~-~ L , . , ~ : , ~ . , , . . I : ~ ~ I ~ I . ~ , - - -1, -~~-,,,-Yp:, e, a f ur - - -s 1`r x, LL - IT , , , F - ~ ~ ~ I - -1 ~ ~ , ~ . I - , : ~ , ~ I - . , , , # L i _ - Y 3w" a- t!" ,yi - b k. -Tk a~T 3 r - - 2-{ t1 .,~J, ~~I....i ._._._i....., - f,+.c --5,0 _ - e - - _ _ 3-`v~.qg-kok acs I 11, v'J" ,3f?w Via'✓If _ ,s - C -c v,j i x _ go ,f - "K - - KE , "Mm4.3ta'r3r<- ,z..s.,;._. ON~e F"05 ~ b r - s - 'yam A ~~n NOTICE OF SPECIAL MEETING I F ~ * G~9 ~ 11. - tic - , '1 k TIGARD CITY COUNCIL 1 " JULY 29,1996 c*` N"z5r 7:00 PM - TOWN HALL 4 3 : ' 13125 S.W. HALL BOULEVARD ~ ~ , F r ` TIGARD, OR 97223 I 1, F F u axt rt~ t ; 41 ` Notice is hereby given that a special meeting has been called by the Mayor, with ? x~c t the common consent of the City COUnCII, for July ,19, ^^Q ,e ~ a r$aaa, iii T own Hall (a3 noted Y'~A In the title above). The purpose of the meeting is to discuss conditions of - ~ I— r= approval placed on the Foran Subdivision (SUB 95-0002). ' 7, , k f 4 a r' A', -11 h, l[ t t , 4 r M. Jo nn Hayes, Ddputy City Recorder 1 w+ ~ x Date Posted: July 26,1996 ' x Press Notified: The Oregonian (Harry Bodine) Y= i ; bt t, The Tigard Times (Mike Lucas) tit- ' , W `S YI 1 " r- Y1I rr, -'14" ,~',,13A~, ~~~~l,-z;-:~~~~F~,~--~-.~~--~", - e - z 19~/ , , , r,,-., ,-1_,-"-, , - i ( , , ~ . C,-_"j °f ~ ~ - 8, d5 a{{? - 4 1:1ndm1Jolpubnot.dac (,';t~ ~~a ~~~-_'y11 _ j "U'M ,;F-~~~~~~'-~,-~.j,~~,~,'.~,~,'~ .1.1 /,4d Ae-e-~ /~L; F ~ i ~,iv~-i:,,-~-.~,,,&,-,~R-,'-,-",,~,,,',i-- _7~ . I I " Ng"', I. , ~ ji L_ 1; - i a.~- i ~~,W~M,;~,~'.~~,,~~;~--'t:~,~,~~,,~~~.,~,','i~,~,~~~,,, 71113~ * (_:~~a,7_1 %,,'~~A , -11 x a,n Y'ra., Y ti ;~}_Iwl Ltr s- } ,s4`-a , t x v 7 .J s 3, T , ~s, Sb{t F - r xp t r s ,~Y $r k m x 3{ 'F E x , " ~ " :--r- " ~ , - ,r, I , I - I .',,r " f - ~ 11. * , , V. - JJr 11 ri ay+.+~~~~nc 4 n~ sr f4 C r - .x"x 1 € z 1 Yc„4 x - y,yx t 'n' t i 4t 2 x Fs- - -'tea".' Y r - .+a E x h- t -;~.~,'r~ 1' _ L »r{ r f 4 L. 6~'-~-" 'rY~+- .!I- :^~+.r-.n-^"`h. ^ - _ - Y - F _y.._:.- J, ~ .'r_ _i c_~l_Z_ r i --.a: r-.._,L:.:~ i'ti f f. ux per,-3' s ''}.S `z 4i 1 Vol "y _jM"_ TWO_ 41n f u d k a* ~2~ ME, I 07/26/96 16:22 $`503 684 7297 CITY OF TIGARD IM001 s t$ F ' '"p°e $$xssxxsssxs:ssssass:xssssssssssssxs xrra % sss MULTI TRANSACTION REPORT sss¢fi q k~ s= ' ssxxsssssaxsssssxszsss$sssxssssasszs TVRI NO. 7208 ' r"ns•a'~^~'~"__.,~ ,cy' - ~ «S J INCOMPLETE TC/RX TRANSACTION OK [ 011 590 7654 € BOB ROHLF p h - r- [ 021 639 5697 "k'~ .T- 5¢c va- - KEN SCHECKLA mom `•'~-'4~'flr` [ 031 5901240 xa BRIAN MOORE 041 6208759 PAUL HUNT [ 051 684 3636 JIM NICOLI k~- ERROR °'a t^x sw"~ _ -`3 3 NOR st .K..r~`°~ t ir'..~`.-' suama am' 'S y sa,a L -y, k rl `4 CBi 07 h- tt a PACE y rte ~~r t -ivT a z r ° i, F an JIM ~ -~~'.G~.t~-- _--'_°'°g --ter-'-".---«~.,,~w..,.r^~srz t.cx.~^mus~'x - ~ :^;z.~ m'Srzns~ J < t~.'R'~~~ "i„, "z"''"•~3~, ~ ~ ~ 5 ss z ONO ON, w -~'~a a a- S7'1, s Isc K'4'x~ kr-' t'r 1 kyd a ,t WAR P~ N 5Y <L- 4°~- J< t ( -b4 ..^yPr'*,,7 `"~„b Ft III} t 1.'WE E if 7 ; 5 F y ry.rsa w✓{xak 07" WA 060 'ss•~u'am.~`..."{' z 1 u P fIlls d`~ +~a£-'~r > f sa fi ~ a ar t ,r. - ti .k -'g` $ a 1 ~YL ~ Jw- ~1 ~4~ ~ 1 a C J - M ~ i yon 1014.0 IAMI "IM WWI .0 w n+rC'•--,...... ..._.y-.1.~,. ''ma'r' r'w r~~.,- - aas+.Soa r-Yy Wr_ NSA& TV ' -L 1- If MAWN r t nS S~ - J MIS ANn ~1M.x _ Exerpt - Council Minutes - "Foran" - 9/26/95 6. CONTINUATION OF PUBLIC HEARING (QUASI-JUDICIAL): APPEAL OF A r REQUEST FOR A SUBDIVISION (SUB) 95-0002ALOT LINE ADJUSTMENT MIS- - ; 954012 AND SENSITIVE LANDS REVIEW (SLR) 954006 APPROVAL - FORAN gq ) J PLACE/PICULELL GROUP A request for approval of the following development applications: Q! r ~ 1. Subdivision preliminary plat approval to divide an approximately 3.9 acre parcel into 12 lots ranging between 6,091 square feet to 8,737 square feet. 2, Lot Line adjustment r quest to adjust two parcels of approximately 4.53 and k_ E 2.26 acres into two parcels of approximately 3.9 and 2.89 acres. 3. Sensitive Lands Review approval of preliminary plans for grading, road s the subject L -'ss>C ~k t - - construction and d..velcpm.,rt of porhhrs of tuac subject b ujcu property that exceed U ro^94 ?,tx EMU .5 Xk 1-101 25 percent grade. § } Ki, . mom ' LOCATION: West of Woodford Estates, and approximately 650 feet north of S.W.F~ Bull Mountain Road. (WCTM 251, 9AB, Tax Lots 1200 and 5700). APPLICABLE Syr REVIEW CRITERIA: Community Development Code Section 18.52, 18.84, 18.88, t, a 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160 and 18.164. '^f Comprehensive Plan Policies: 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.2.1, 111, 1&$ 16.1, 8.1.1 and 8.13. ZONE: 107 (Residential, 7 units per acre). The R-7 zone allows single family residential units, duplex residential units, public support facilities, residential titlsiya 3.~~r k t y c s- ~ treatment home farming, manufactured home, family desY care, home occupation, ,k temporary use, and accessory structures. G4 i AM At .-A x a. Hearing continued from September 12, 1995 to review two issues: € moo a. N -NOE (1) Estimate of number of trees to be removed (over 6 inches in } 0" -WhIME diameter) in proposed design options. Awl Avyn]: (2) Information from the Fire Marshal whether or not Fire District's 4~_rq C, supports a street layout with or without a turnaround area. 6 A-00 0, am Rol PT NO, 17 "Pal- TA", X, b. Declarations or challenges. a . z Mayor Nicoli asked whether any members of Council wish to report x ti > any ex parte contact or information gained outside the hearing, k l "We"Wr W.14%W00 C39 TAMP h including any site visits?~ Councilor Hunt advised he attempted to visit the site; however, he was C not certain whether he had identified the correct parcel when viewing ` - a the area, s r _r r~ Aj WHOM- Councilor Schedda advised he had walked through the area. 3 ~ E t _ CITY COUNCIL MEETING MINUTES - SEPTEMBER 26,1995 - PAGE Ir FA r t s r j ~:Ma Ni , WIN, Y .,.c'~ - mod- 9 t "dawns 00%. JJ S L `4. - r r fF - t~ h S p a _ _ -Lj x It c~ } t4A ! ~ -fit _ f- } S f 1, r ` ! r r r - - - - 5- _ - _ _ 1 -F' - - ak - - _ A - :.v C- J 'Yi 4 _ _ _ A .yh ' r- _ _ Y d { } t T - - - - 1 Y Y' r f _ { - - 4 - y 1. _......w,.._..~ ,.~u....~.__.._ -I-__ ..._._~+...s.,-w..+-ta..crs..... ....z.«..1~i.w-. I ~ _ ..e..._-......-_....~..«..v.,- 1- 1 ~ - ~ "--i 71 t 4 ~ 1f _ ! -:Y-i f. -3 - - _ 4 f .i, Z Y,,t,: F 7 'fit- , 1 , rt x F' w m.i All Councilors indicated they had familiarized themselves with the , _ application. g ' ; l 1 . I ~tll~ ~1 There were no challenges from the audience pertaining to the Council's I ~ ~J ,;3V W1] jurisdiction to hear this matter, nor was there a challenge on the - y participation of any member of Council. s y # r3 ' C. Senior Planner Bewersdorff summarized the issues before Council. Mr.r. ' Bewersdorff referred to a map of the area and revivwnri the -raffle ~ ~ ~ ' recommendation and the Hearings Officer's decision. Mr. Bewersdorff = ' - ' discussed the topography of the area. A letter was received from the ~ ,I, , ~ j Tualatin Valley Fire and Rescue; they advised that an apparatus turn - f -A - _ around would be necessary. (A copy of this letter is on file with the . L $ _ { Council packet material.) 3. 1, n 1 r {t° , C ~ Applicant > x , L Arthur C. Piculell, 3236 SW Kelly, Suite 105, Portland, Oregon, 97201,'' Y ` r advised it had been his understanding that the applicant was to give an A fa estimate of the number of trees affected, if staffs proposed design - # E`km 4 option was adopted. Mr. Piculell distributed two photographs showing s -U.-1111- r " X y fia ti trees on the site. (see Council packet material for photographs). Mr._ _g2, . NJ Piculell also distributed photocopies of street designs. One copy was } entitled "Alternative Street Design to Save Large Fir Trees." Another c , J a , ~g , page was entitled "Assume No Fire Turn Around - Save Trees in W- r Green." Mr. PiculeII then described how trees could be saved, although - ~Ma some trees would be removed. He said he expected he would be able to N F R ' ` w, save seven or eight of the trees shown in his drawings. , ~'ff I a Mr. Piculell advised he supported the plan now proposed by staff. Mr. Piculell advised they were opposed to the bikepaih proposal, noting that - 11 Fx : ? > this would be a "taking." He advised the Hearings Officer's proposal ~ t "walked on people's property rights." Mr. Piculell advised be K ` , , 't , .11 supported the resolution now shown in the Council packet. ~ ` s r Mr. Charles Chimento, 3236 SW Kelly, Portland, Oregon, 97201, , r, advised he had no comment. r _ i f Mr. Ed Metzler, 13267 SW Bull Mountain Road, Tigard, Oregon, _ - x , 97224, asked clarifying questions regarding the fire apparatus turn- : ! ~4, a a , around. Mayor Nicoli advised the City had received a letter from the - Fire District, indicating the turn-around was needed. Mr. Metzler l [ ¢ r ~ CITY COUNCIL MEETING MINUTES - SEPTEMBER 26,1995 - PAGE 6 i£ 5 -1.11; y f x w - - - - - - r~ z F ~~,4;11~f.,~~,~4~~Y~-,, ,-'_T,_~~-,, -`,~A - " , ,I' 1- L - -tA y ! } f - - - K , ti r> 2 r Y ! 3 f r' - - , 7r - , " , ~ , ~ I ~ I I ~ I I ~ ~ ~ ~ - " : , : - , ~ , A - - f E " " , ` ` , . ~ ,J, ~ ~ ' ~Z _ : ~ ~ ~ 4 , ' , _ . : I ' I r . - I , - - ~ - 14 - _ tr - J !+"-.-.r-~- ...~-..-.....~.e _ _ ='v'im - _ . - - - - - - - - 'tea a. _ Wan., ly -IN FL - -C,a.. .q Y.e - _ - L S - - 4 i T 4- f:_ S T 1, -M 8: ..h y 'K 4 b - - - y _ kN @~Y [ ! ~J3``-.- .t W f - } Lf`-.~.5-4 4` - ` C - " i'r5'ti4 4 ""4 r k° - - - - ~ k d a3- "3'3' ~T'~a { '-..`.^,..._.:.......d~.._.Y.__._._•. .ems _..~..ss..a..,~~,~ a f 2 _ .~z s w4 P aw -x` a - 1x 4l tom` {,2'"4 P 1 1 £ S. _ -11 }ale"~ 5 5 - y - - _ z ~.t° y asked auestinrss abort the location of the tern-around. He noted he t~ x " - ~ x preferred the Hearings Officer's proposal, because it appeared to save P i a t t- 2 ` more trees. s _ ` f ; F w Councilor Hunt noted that if the Hearings Officer's plan was accepted, k- - L there was nothing prohibiting the applicant from building a house on .L{ r* b r , ; - the lot where the trees are located. It was noted that the r _ , t t t 1.1 1 £ a Council can try to save the trees by not requiring public facilities on the r, - j lot however, this would not prevent a house from being placed on the r,- :-_"?N,` " - . . ,m 11 11. lot which would mean trees would be removed. j( } k7 - Sandy Metzler, 13267 SW Bull Mountain Road, Tigard, Oregon, 97224, ,1 1 asked to examine the pictures of trees offered by Mr. Piculell. After , t, examination, Ms. Metzler advised that it looked as if the person who +t~F y do took the pictures would have to have been on her property. She ti,: I . yf objected to this. s ~ ' ° ' 4 ; d. Rebuttal: - ~ s_ Mr. Piculell advised that the plan presented by the Hearings Officer N j~ , ~ ' 'F a was conceptual. Mr. Piculell said the development will work best with 3 I , , the staff plan. y ~ l c. Staff Recommendations I ' Z*, L S'~' r 4 wp'-'c',5 a Engineering Staff member Michael Anderson commented on the design c V , and existing fill in the area. The reduction of the turn-around to twenty } z feet is consistent with the Code. It was noted that care was taken to 'fs I ,:,Z,I,Z-",~~-~', - - - F preserve most of the large trees. The approval would be conditioned sot s - that the final design would be subject to the Engineering Department's', t,- review. The final design would also be reviewed by the Fire , , ~ c - _ Department. Et ,g n,t ' gQ4Qt f. Mayor Nicoli noted it appeared that the parties involved are willing to 1 h t a~~ work to save trees. - € j In response to a question from Councilor Rohlf, staff advised they f ~ of Hearings Officer's design was to promote City standards for street ~ E d - connectivity and for block length requirements. The bikepath as it had ~ K t j _ been proposed previously would have had no affect on trees. , ~ r, 1 ° - -a " W t 'f- k -M, ; P' L FBI t C g. Public Hearing was closed. T - 7 R - ~ ~ C'. , ,;K K , a .4 4 t t ~I r k , CITY COUNCIL MEETING MINUTES -SEPTEMBER 26,1995 -PAGE 7 F 3 .k S f vy'J 9x 1 4 Y - 1 k~, y ' h _ ! ri t 1, \ ;,3. 1, 6 F f i ~ 3 f r } d r f G``° . . ~ , - -1 - , - I I , , - ~ , " - - - , , - j,,--~, --!~---~l~~.~~.-,-~-~~,~"7~,.,,,,~~~~~,,,, ~,V,-~~ " F___'.~,.,-~J k 3 S E 1, ~ - , ~ --~t ~7;-~--_-~ ~ f,_.r-_ , I f Jxf 3 - -e' k 6 { €i u 9 t s Ry. r,- j s 6 EJ S,. F 1 \ - } { { _ i.. " u. s:I. - -...t..._ . 1.i.. _ `1__ _ _ I.,- _ _ L.Z- 1 .c..~. i_r.~_. , r - F,~. 2{ } - I W , i - t !Ke t,§~ ~Y r , - rFp r ,j y a - _ _ . ~ - - w _ "s , 'I, iF - ...<..m...~-_~. ...,,e.a..,s>u_.Z.a€c1.v t - - k` } is hsc , I - 1 a' 1 - E.ti f ' h. Council Consideration } t ' ~ ' s,g~ z ~ r~ ° - Mayor Nicoli agreed with the staff recommendation. He noted the q - s ~ ' , staffs proposal saves trees. He advised that he had no objection to the _ r location of the fire apparatus turn around. 1 - gi'' , } - 1 - p ~'~W } •S~r Councilor Rohlf noted his appreciation for the flexibility of those who a, wanted to protect the trees. He did not support a bikepath, as it did not apnear to have a purpose. Councilor Rohlf ady.Sed he the u.. t staff recommendation. G ~ s _ 1 x ~z , 4 Councilor Hunt advised he would not support the resolution without a - _ - biicpa iii. l_.. th. would uke to see a bikepath out to Bull Mouni in Road, x along what would eventually be astreet. - ~ ~ Councilor Scheekla advised he supported the staff recommendation. P .'A"~ 'j He advised he would not support a bikepath, as it appeared to force a " , ~ ~m - , ^ F^ hardship on the neighbors. ~ s; t? % ' a - _ i ~ fl _ i RESOLUTION NO. 95-46 - A RESOLUTION AMENDING a CONDITIONS OF APPROVAL OF A HEARINGS OFFICER FINAL k r' V- Y i ( ORDER IN THE MATTER OF MIS 95-0012/sub 95-0002/SLR 95-0006 ' ; ' .s . r'zal v. x (FORAN SUBDIVISION) ,a r ' k .1 4r~b~E Motion by Councilor Rohlf, seconded by Councilor Scheckla, to adopt 'N~ * 4~ I ; ~ , w e Resolution No. 9546. -1 - Motion was approved by a majority vote of Council present; 3-1. I, IAr c,- , (Mayor Nicoli and Councilors Rohlf and Scheckla voted "yes"; Councilor Hunt voted no.) z M W a,_ (It was clarified that the resolution did not require a bikepath.) "I , - Council meeting r t` ~ , -M" g recessed at 9:10 p.m. (Mayor Nicoli announced that Agenda Items No. 8 and 9 would not be discussed at tonight's meeting). z / i+- -z~' 't -y ~-X Council meeting reconvened at 9:19 p.m. Is } 4 FF' _ - i 7. PUBLIC HEARING (QUASI-JUDICIAL): APPEAL OF SUBDIVISION (SUB) 95- + _ ' E 7 F 0004/PLANNED DEVELOPMENT REVIEW (PDR) 95-0005/SENSITIVE LANDS REVIEW (SLR) 95-0007 - HILLSHIRE WOODS PHASE II/SIERRA PACIFIC v er r `--l-* 4 DEVELOPMENT , P., ^t a r CITY COUNCIL MEETING MINUTES - SEPTEMBER 26,1995 - PAGE 8 ' t> 5. I -f 2 .'3' {t x~ w _ t 7 kS. w Y - y. - x- ' f ~'K. s i~ - _ - - - _ k-ay - - ' _ L'} f _ I Tr. -L - vY f JJ 4 T - 11 - - Yl"' LL~ - _ , _ ~ , . ~ . ~ - I , ~ - , , ~ , f , - , " - J L- - f -IFd e', r L .Y s F - - - l wY-~hS u 4 - f, t J R" _ Y i - y i { Y!j Y- 1 h ' y„k-t A ,J - , - r 2 r r ~ ~ - P s" t W v i - t x ~ [ t:1nr of nGARD, OREGON ~ - ~ RESOLUTION NO.95-'4t0 RESOLUTION AMENDING CONDITIONS OF APPROVAL OF A HEARINGS OFFICER FINAL ORDER IN THE ^ TIER OF MIS 95-0012JSUB 954002/SLR 95.0006 (FORAN SUBDIVISION) ri `x WHEREAS, the City of Tigard Hearings Officer conducted a public hearing on June 26, 1995 and issued a Final k Order on July 18,1995; and WHEREAS. the City of Tigard City Council conducted a public hearing an September 12, 1995 and finds that the ~ amended conditions are in accordance with City standards; and WHEREAS. the appeal and amendments have received a recommendation of approval by the Community Development Department; and k' i WHEREA_S ttt,a CCot.riciI adopts the find, .-.s related t,^, the amended conditions as contained in the Staff Report to 1 the Hearings Officer Y k f "xf t °a NOW. THEREFORE- BE IT RESOLVED the Tigard Council that 'k r" L 0', SECTION 1: The Tigard City Council hereby approves the appeal and amended conditions subject to the y conditions in the Hearings Officer Final Osier as amended herein. _ E r~ a SECTION 2: The TKjard City Council further orders that the Hearings Officer's final order be amended as follows: r9ab City Courhal further ceders that the Hearings Officer s final order be amended as follows: is 1. Condition of approval number 1 is hereby amended to read as follows: ? ' u 1. Full width street improvements including: traffic control devices, mailbox dusters. ~r concrete sidewalks, driveway aprons, curbs, asphaltic connate pavement, sanitary r' sewers. storm drainage. streetlights, and underground utilities shall be Installed€ r within the subdivision. Improvements shall be designed and constructed to local street standards. STAFF CONTACT: John Hagman, Engineering Department 2 C. 4t!on of approval nurnber 2 is hereby amended to read as fonnv'ws: h ~ r 2 The applicant shall revise the final plat to provide for a half street connectivity to the u a south. The improvements shall provide for a 14 foot wide roadway, curb and sidewalk within a 22 foot half-street right-of-way. STAFF CONTACT: MGchael k H Y 53' Anderson, Engineering Department (639171) r a k 3 J y "`r3 SECTION 3: This resolution shall be effective at the expiration of the appeal period. f PASSED: This QQ day of Tm ~ 1995. r { * R - ~ ~ M j 3 Y~ ~ 'l J' mi M City of Tigard , `~.417TEST: City Recorder- City of Tigard RESOLUTION N0.95 ~f Foran Subdivision n i i Pege 1 fl i t ~f ~ t 1 - - - - - - - - .fi l ? s T t •S ~ Z e i r ~ ~ z ~a f~ L . 7 ~M ,1 7 x ,l M" ma y rtc1t E- - - t F 3--3 _ ~x- 1 3 3 £ k -k i 1 }W,~,a.n3S'xd3 - t 3 Y- £ t i. ,✓~S C-- 3I ,a..~ L - _ ff ' 4 '1 4 ~ ~ „ ~ :.3'L. =.P. _ fife. - 1 Y rP ] % ~ # g • ; ' ''M. t 4- ; EST yf.•:i- .''.'-``P`ty' - .C•' • 5 89° 44'47" E 41'x.12 1 • -3"k 4 + .i'~ _ 1..-. 15 5AN11AR7 :iE"1.~~ r~ x? r~ `rt'e. - T! 17w^ EASEMENT N- a s w "F h - r- , a ACRES I 2 w - x -Y 11 i f~', / / CENTERLINE OF SWALE i 8 ~.IS'26" _ FL ~1'k.;y / - r Y q I ORAINAGE EASEMENT 1 - - 'emu PHASE II i% I I P" rs t 's.\~`- -r z 1 69,107 -sr % _ _ r 1 - t 1.59 ..G°E5 1j({` 1-.69' 69'~ ! JOHN F3 6 < 4' -'-x Xe -S.k - t R - - I O I ! +4318 SIW 13 fit' b .s'T,"~f p 1 ; I 3 TIGARC+ (7R1 y'`. R't rr x- k}~ y ~ - - A• i ( I 11 < w' B. ~:z I I 8694 9 i I v LT~ - L~m f' # iss' S j 7654 9F 7700 5F _ 00/ I ~ r p ; _ 11 ' 3 ! -&,tT sg h^ -'t a...t - 76 ',5F O IO 5 I I I n~ i~ S?L...4. :•,.e&-X._,. i I ~ y© 11 i'-- 15' STOR 1 - - _ PNAS w I SE. EA EMENr b ~u !I q 9 v _ % / Av'.I. \ / 1 I]S' 34 69' 79. -.11 . I " W .,i;-'~~~-e~ s M F = r~ _ 1 1.• •M p 6091 y h I GURF3 li' 9rOFlUA(K k a- .r"- m7, ate . - >f~- }t - 1 ; 1 [ ` .-_)uY-'dl"Y W'VYV'r_f' T .'g' ~3l''-T'z''' I W~l _ 1. 6K _ . _ _ x °~T,-- 1-1 i' r ~i r- 1ET-1P1. 1U Oills ;+,t i F 2 J. & E ( L' vv~ t- aia7 -r A.TCar~ sir rai-~ "1 O 33 i ii ti Ski? \ ; ~~s- _ t, - a_ : I 6"k, 6777 5F r / 'I 1 .n IaaO+ SW TJi1T1 3t' &I ~ '~~.41- " ' \ . ~;~7' -~::w . _ Q `9)19 11 1 TIGARD ORi Gtr L - ' `-s. 1 x - y \ 1- I 1~- 15' SA IARY d STORM _ _ _ #_'s~ s 4 - t I !0 Q --'+I I SEUIER ASEMENT - 1 _ 70 69~i a -r fi K I ~ a 7066 5 ® _ b?' + II 5? O' _ r, 1 PAUL T a DL F' 1s €"''tw`*~'"i# { 1, 3 F _ 1 TL 57GC1 td4d5 SW 1307 t L .-Y-:_ + I 1 dB PARCEL TO BE CONVF7'EL' 7J6 ACRES TIGARD Oat Gt 7 Ws -e $ - 5O• I FROM TL 5700 TO TL 1701'7 . , . I { $ _ ' h k-. 0.064 AGREE 'i{ r i4 s e a :tom yv t I. lit t I s~•v F 1-5 Y r 's. I Mf.I VIN G 1+4 I - +e467 SW i'30' t ~+'t p 'r R d a' x 1 I TIGARD OPCG _~t x E x ht _ +'P t PARCEL rQ BE CONVEYEOI t _ FROM M 1200 TO rL 5700I - ~l I 4 - fr j°f s 5 fi ~'f 0.69 ACRES i { , f 4, Fr"~TF..~ I ide8t SW 130' - 4, 7 Yf I "k.. -t- r L ra y _ z''. TIGARD OHEG - •t t 1. r - . Ex19T1NG 5p' ullDE - , t + 4 ai. ACCESS EASEMEN r - I" -r &'L U - ~ j ,i,~at;- 4'c~ ! ,L y, '7~ S41/G 4 r4/1. 7't r /eGs k - r t - i H/tlrM6,FI t/L 5 rlrf ~'BS~H JAMES R a ' ~ ~'~s-~ 4 ~ ; 1 5 } is 14503 SW f n s`5 - 3 r . .F i' Id~' r Y I TIGARD 1,( xy, 4}• C I s 0vu tz ^+w •o+schcr. a.:. sr. x=.;rs: ' •r r r*=", - I-!77 ^s, e+'~,= i - :v° " ;Tv$" rp' c ' J rr rL s d k L i d• C- } S 5 3^ x s \ , lu ' - - - " " , , I , , ~ ~t a-- mss- € r-- ry ( - M °t a ..I - s. L r lr i 3 F t'$ > t ! - ~ ~ S k,MM,-" ~ N 7'1 t °c ..t - ~4 - ` -f i - -3 - - F, y f C _ S _ f m T rr i { ~ u"w.S.'u..~...rm.:a:li:.uc..ea.nu=... nx2u_ • aa ...._.......~_...za .,..txm ..w.... c.:.,...,n„ .ur - ur ssar CENTERLINE OF g ""n r ' - , f='I~IQ .I I' !f / CX?4JNAET`E tit 4:~, a s 71f? 69 ' Fag'' ap, yrz'?~~--u~~""`~"~~aasti ~ ,r{~:' a.*.-c• ,1 Pl 1 i .~.~Q i•. '~-F - ''F'.•. •'Y' •,~>f a~ - =i ;.`'"S'°sr :k ^tf,,;+.s~ ~:a'.~ '.~+.-~-.J~!'~:RF .is^' •',~.1'.q s _ 3`0 ts Oak &f, 1 8737 5F 1 :B+!{~'W V'.. 1040 Kii 7377 5E 1 . \ O .r o S r c . 6777.,9E Q 9 1 1 1 1 1 i Y, x, , .f ~r't'~ Q 1 1 r` d .'er 1- 1,~--- l5'! ! .rt 970f31'11 7-1 EL. 70•BE`CANVEYFD ?~&`i4GRL~8 oj~ i~~ ~WF~`~~•,} L ~ ~ 2 "Y .tZ`, M ~ fY. '1 t9z/y.!!~v+}/,~n^~!.lss . ~,f - 11! yt. ~~q. x ~ J -t.•~'~ 1, r. J [P ---+~'A; by _•_-t...'•••'••y,,l•, 11tl~•y~• C S •ij r.Y. r-72, 7-7L, `max' r 4ss am ^/o a a 58C~CJ a' uecte p R % %uns .rriru cy __rr dom. .~i~"~_-.__.-a~._- ,~-"_.~1 1__-_.._.. ..._~'-ry`r- _ . ~rbr w-+Ma..r~racmr' 1 __A~- J-~Z ,~m~=+,. e»_ `tea 3'- .y- s } r MEN 2411 ""i. F ~r~ 7 azy~ u r i' 4 3 -Y adz sY 'R E { f" v°57'x` `sus`a P q y-'+..-, "rYJr'4.n WIP. Eft t. t Y` -Wl f' MEMORANDUM ' CITY OF TIGARD y TO: Honorable Mayor and City Council a FROM: William A. Monahan, City Administrator>f'-{ i - DATE: July 26, 1996 SUBJECT: Foran Subdivision (SUB 95-0002) , Via, t a - i ;Ert 'y°raTr On September 26, 1995, the City Council approved the Foran subdivision, accepting a staff proposal which modified the Hearings Officer's decision. One of the key issues in the AS, ~g ' approval was preservation of several trees. The applicant's representative, Art Piculell, z' y - z agreed to save at least seven or eight trees in a specific location. ffik~~ x s F *~s r F °t !NN Recently the applicant submitted grading plans and other information, leading to staff issuance` ~gL ~h z of a tree cutting permit. Ed Metzler, 13267 SW Bull Mountain Road, appeared at the ' e iHl ,I - _A s-49 September hearing and raised concerns about tree preservation. Mr. Metzler noticed the rK ¢ W construction activity taking place on the site this week, and raised issues to staff. As a result w~ r i of Mr. Metzler's concerns and our review of the file, staff has issued the attached letter to Chuck Chimento of the Piculleli Group, Inc., requiring that work stop immediately on removals r of the trees on Lot 1 of the subdivision, the specific location referred to by the applicant and staff at the September public hearing. $ l z5 y qtr [ In order that we may resolve whether the new information provided by the applicant justifies 3 r t removal of the trees, I would like to hold a special meeting of the City Council on Tuesday, s ¢z £ x July 30, 1996, to discuss this one issue. If Council is willing to hold the meeting, we would_ s+ , invite Mr. Metzler as well as the Piculell Group to review options. I have discussed this with t : Mayor Nicoli and he is willing to attend the meeting. Please contact Jo Hayes and advise¢ y xk ~ w ? whether you are willing to participate in this special Council meeting. Our other option is to qt r require the applicant to stop work until the next regularly scheduled Council meeting, which is f 7~, x , K { August 13, 1996. I believe that a timely resolution to this issue is preferable to waiting until kf t P ; 7 August 13. b # WAM\jh s r attachment _ t i:\adm\bi1t1072696-2.doc \1 d' - 77 4x3-`- F t C z a u'T: 7 k , 'Z62 s gm 2r: `V~ r MF,,5x1e x d _ w 3 si, - ~,~~bt ~-~a^ k -t Af ~ fl~ :..s...,v,b:.e,~ z~:sa.,,wwa.-w,ei~.a.~.:~w.c.+>saaz.:.n~• w _ _ ~ 3 C ~ K~ b - _ tRk 1tv P R r a ,t a -fix " ?srz£ # CITY OF TIG D ON July 26, 1996 OREGON } fi 5 i r Chuck Chimento ~§Z MG The Piculell Group, Inc., frS 3236 SW Kelly Street, Suite 105 is-X Portland. OR 97201 _ a Dear Chuck: As you know we have received complaints regarding tree removal on the property you f~~rt are developer g commonly known as the Foran Subdivision (SUB 95-0002). r ° c l - There has been question raised through the City Council whether the tree removal 4 x z j w " follows the intent of the Council's approval of the subdivision. There is also question , mmy, regarding representation the developers made regarding saving of trees. + 4 ` t p 't As a result, this letter shall be considered a STOP WORK order, effective immediately, g"Ft2 on all tree removal on lot one of the subdivision. All other work on the subdivision may proceed as long as protection is provided to the trees on lot one. i & r Staff is being asked to report to the Council on the circumstances related to the grading t involved and the location of the street with respect to the large trees. >t 1 ~ fi' z y ~ - We hope to resolve any issues as soon as possible and appreciate your cooperation. Sincerely,- ; Richard Bewersdorff ` J 4.5 Planning Manager aupln%d'eckVorstwk.lat e 0726!98 8:40 AM ra ? ~ r k ~ - t - ~,+3r ; = y3 a x c: SUB 95-0002 land use file k ' Wtfiam Monahan t y James Hendryx # f -=lopment Services Technicians J vv: x~ v C a a a 131'5 SW Hail Blvd., Tigard, OR 97223 (503) 639 4171 TDD (503) 684-2772 r ads .1 a u t 4 z,+ u!- ,.i. r [E.`„T=~ r:.uzi 7-7777777 t -ra- n7 {s fib, - { Y £r N- t y ~'f'= t t i Y .y t i .A "ter - _ v i..,__.~. t . _ ~ . . ~Y_r-~ 1. ..~.m. ~.h..s. -,rte ?c. ~ _ ~i2._\. ~1.-:" ~ x.-...__. _