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SUB1990-00004POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. r w0 scholia Fr r0 $c 135th , So of Cottekii ],d 1 4B, 101. VAR 9 ir CITY OF TIGARD PLANNING C1 XSSIo FINAL ORDER NO. 90 1 2 , PC A FINAL ORDER . INCLUDING FINDINGS AND CONCLUSIONS Wia/CH APPROVES AN APPLICATION FOR A ONE CHANGE, PLANNED DBVE P NT' REVIEW, SUBDIVISION PRELIMINARY PLAT REvIEW, AND VARIANCES TO SEVERAL cowman q DEVELOPMENT CODE REQUIREMENTS (ZONE 90-04, PUR 90- 0004, SUB 90-0004, VAR 90-0008) The Tigard Planning Commission reviewed the above application at a public hearing on may S, 1990. The Commission i,on based its decision on the facts, findings, and conclusions noted below. FACTS General information CASE: Subdivision SUB 90 -0004, Zone Change SON 90-000 40 Planned Development Review PD 90- 0004,, Variancee VAR 90 -0005 REQUEST: 1. Iona change to add the PD (Planned Development) overlay one to the area of tax lot 1r1 shown on City of Tigard maps as being located south of the proposed Murray Boulevard extension; 2. Subdivision preliminary ;ry plat review of a two phase, 194 lot single - family residential subdivision with one additional 12.5 acre parcel designated for future multi- fsMli.y development. In addition, additional parcels ion, the proposed division creation o'f three p. would result in Murray on the north side of the M floulevard, extension - one appa:oxiraa€ately 5.0 acre undeveloped parcel ,currrently zoned ' •* ' l J.R-25 Boned remnant parcels. at the N and' trio ,�ra�al„ , intersection, of . S ' 135th ' Avenue i and %SW Walnut Street; 3. Planned Development conoeptu l plan review of the proposed subdivision; 4. Variances to Community Development Code standards to allow; a) A 37 foot wide local street right-of-way for CL the proposed Baker Driv w , Baker Court and flood Drive where s local streets are normally required to have 5D hid foot wide right -of- -ways; b) 28 foot wide roadways for these streets whereas 34 foot wide roadways are normally requLred$ c) sidewalks on one side of all 2n foot wide i.+scal streets; d) to allow several lots to exceed the maximum norMally allowed lot depth t� width ratio of 2.5 w .o 1; and e) to allow six foot tall fences to be located .16 within the required front yard setback areas of proposed lots 25, 26, 30, 33, 34, 37, 38, 41, and 42 at a distance no less than 10 feet frog the front property line. rroIN ORDER NO. 90-12 PC - zCDONALU/ r PAGE • • . APPLICANT: McDonald Partners (Sylvia Clark) 10260 SW Greenburg Rd. f 4n0 Tigard, OR 97223 REPRESENTATIVE: OTAK Inc. (Joe Dills) 17355 Boone s Ferry Rd. Lake Oswego, OR 97035 OWNER: Margery Krueger, et. al. Route 1 Box 792 Beaverton, OR 97007 4 LOCATION: Between Scholia Ferry Road and SW 135th Avenue, south of the Cotswald Subdivision. (WCTM 251 48, tax lot 101) COMPREHENSIVE PLAN DESIGNATION: Medium Den..ity Residential (approximately 28.9 acres) Medium High Density Residential (approximately 21.6 acres) Neighborhood Commercial (approximately 5.0 acres) ZONING DESIGNATION: R-12 (Residential, 12 units per acre) approximately 28.9 acres R-25 (Residential, 25 units per acre) approximately 21.6 acres C-N (Neighborhood COmmercial) approximately 5.0 acres 2 • inforniat ion The area that includes these properties as annexed to the City on June 12, 1983. In August, 1983, the City approved a variety of plan and zone designations for the area including Medium-High Density Residential (R-20, now%R-25),,Medium Density, Reaidentiat (R-12) and Neighborhood Commercial (q-N) . In ;February, 1984, the City approved the relocation of the C-N. area from the west side of 135th ,Avenue to the northwest 'coiner of the proposed intersection of the Murray goad extension and 135th Avenue (CPA 18-83/A 14-83). In 1985, a shift in the location of the -N designation, to the future Murray Road/Scholls Ferry Road intersection was proposed (CPA 4 -BSAIC 4 - 85). Because the request was determined to be premature due to unanswered questions related to the Murray Road extension o the four acre CAN designation was reapplied at the original location on the west aide of 135th Avenue. It was also agreed that once the alignment of Murray Road was determined, the applicant would be entitled to propose another Murray Road location for the C-N zone. In 1986, the applicant propos d shifting the C-N designation to a five acre parcel at the northeast corner of the interSection of Schollit Lorry Road and the proposed Murray Boulevard extension. The City Council, approved the applicant's proposal and included a declaration that the configuration of the five acres designated 041 could be modified to conform with the final alignment of Murray Boclevardo FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PAGE 2 In 1987, a Plan Amendment from Neighborhood Commercial to Led .tires High Density Residential and a zone change from C -N to R-25 for the 5.0 acres located at the northeast corner of the interssectien of SW Scholia Ferry Road and proposed Murray Boulevard extension and a companion PlL n. Amendment /zone change from tedium -High Density Residential /R -25 and. Medium Densit y Residential /R-12 to General Corr msrcial /C--G for 15 acres at the southeast corner of the same intersection was proposed. That proposal was denied by the City Council. A 170 unit apartment complex w a proposed in 1986 on the eastern 11.4 acres of the subject property (SDR 4-66), but the application was withdrawn prior to a decision being made. In April, 1987, an 85 lot subdivision of the eastern 22.4 acres of the subject parcel was approved by the Planning Commission. A].sso approved was a variance to allow a 444 foot long cul -de -sac whereas a 400 foot maximum cul-de-sac length ' fa permitted by the Community Development Code (S 87-04, V 87-04) That subdivision was never recorded. Later in 1V87, another subdivision proovoaal for the eastern portion' of the parcel was brought before the City's Hearings Officer. That proposal was to divide the 24.75 acre southeastern portion of the larger parcel into 128 lots ranging in size between 5,358 and 70300 square feet. That proposal was approved by the Hearings Officer but alL'o a as never recorded. Vicinity. snfobmaxtl Greenfield Villa ge Apartments and the Cotswald Subdivisions, both zoned R.-25 (Residential 25 units per acre) , are located to the north. Vacant land ' zoned R-25 lien on the oast si..1e of SW 135th Avenue. This property to the east has previously received preliminary subdivision plat/conceptual planned p approval for division into single l�s family lots fanned develo spent review a ad, pant, �, �dthe��ieon ;`ngly�i�o�thc�vwesE��n ©i the t.^ p� 1 d.�sa +i.naary'� p :`" ha�� yet to be record® . The property t jest site 'Is in Beaverton and is presently designated for high density residential development. The area immediately south cons. ists of smaller acreage home sites that are mostly developed, are within unincorporated Washington County, and are designated for single - family residential . develc utent (5, 000 eguare foot minimum lot size). The proposed Murray Boulevard extension which ie designated o wile iter street will form the northern boundary of the proposed ubdivir, ion and will separate this development from the undeveloped Neighborhood Commercial site and the two remnant parcels that are are also a. part of the parent Subject parcel. A collector street designation also applies to SW 135th Avenue which abuts the site's eastern property boundary. Scholia Perry Road forms the site's western property boundary, scholia Ferry Road i e a- state HightIay and is designated ash an arterial street. FINAL ORDER ISO. 90 -12 PC MCDONALD/OTAK alag 3 itoV p. 4. Site InformAtIMlafteEDEM1N01MMESVIi.Mtion The proposed subdivision site is an undevelopt.d hillside on the northern slope of Bull Mountain. This site has been cultivated with cover grasses. The highest point on the property is approximately 318 feet. The lowest point is approximately 234 feet. The property slopes to the north with an average slope of approximately 10 percent. A drainage swale runs through the approximate center of the site Several poplar trees are located within that drainage. The southwestern portion of this site has a few conifers. The applicants propose to develop ;. three phase, combination eingleefamily/ . multi-family development from tax lot 101 as illustrated on Exhibit 1, In order to accomplish this subdivision as proposed, the applicants have requested a number of land use and development approvals described below: 2) In order to allow a transfar of density to the western portion of the property, the applicants have requested that tha portion of the parcel south Of the Murray Boulevard extension alignment be designated with the Planned Development overlay zone through , Zone Change. 2) The applicants request Plannad Development conceptual plan approval of the proposed mixed use development. The applicants request that the total number of dwelling units permitted on the development site by the underlying zones be divided between the single family lots to be created at present and the future multi-family development. The applicants request reservation of development opportunity for a maximum of 400 dwelling units on the multi-famil7 site 3) Subdivision preliminary plat review of the two phase, 194 lot Single-, family reeidential oubdivision; and 4) Variances to Community Development Code standards: a) To allow a reduction in required public local street right-of-way width to 37 feet for SW Baker Drive, SW Baker Court, and most of SW Hood Drive whereas the Code requires a minimum local Ea.'...reet right-of-way width of 50 feet; b) to allow 28 foot wide pavement eections for these same streets whereas the Code requires 34 foot wide lecal streets, c) To allow sidewalks on one side of all 28 foot wide local streets included in the development; d) to allow proposed Iota to slightly exceed the Code's maximum lot depth-to-width ratio of 2.5 to 1; and e) to allow six foot tall fenc.s to be located within the required front yard setback areas of proposed lot e 25,26, 30, 33, 34, 3/, 38, 410 ,nd 42 at a distance no less than 10 feet from the front property line The applicants have submitted detailed Bvvsgtfpr Planned DylvillaRmErt Overlay and Variance document that outlines the reasons for the request, the project's design phasing and design objectives, and provides a narrative which addresSee Community Development Code approval criteria for the requested application. The Request should be reviewed for a complete description of the proposal. FINAL ORDER NO. 90-12 PC - MCDONALD/OTAK PA OR 4 ., ke:aa :fr NEMONVEREMECRaWMIUMMMszasassa"ases •• evi I .1 5. agengl,and NPO comments The Engineering Division has reviewed the proposal and offers the following commenter, a. Access to the site is proposed via an extension of Walnut Street (aiso known as tht Murray Boulevard extension), weals from 135th Avenue \Jo Scholls Ferry Road. Two public street aCCOSOOS are shown to connect to Murray Boulevard, one across from Wilton Avenue and the second approximately 500 fee eat of Scholia Ferry Road. The accesses are spaced .approximately 900 feet apart ,:nd are acc4table. In reoponse to City staff recommendations, future accersem to the aouth are proposed to provide for potential futur connection from the Fern Street are , approximately 900 feet and 2200 feet west of 135th Avenue. The acceos locations are proposed to be centered on' lot lines of larget Parcels which have potential for future partitioning. The locations shown are acceptable. b. . The alignment of Murray Blvd ie defined in the Urban Planning Area Agreement (UPAA), between the City and Waohington County adopted in November, 1986. The UPAA was established to enable the Comprehensive Plans of Tigard, Beaverton, Waehington Couaty, and the State to be consistent as required by Statewide Planning Goal t 2. Murray Boulevard is dtsignated as A collector otreet with 2 travel lanes, a deign opeed of 35 -mph, a minimum 40 foot pavement width, bake lanes, limited acce0s, within a 60 foot right -ofeowSy. The UPAA provides for additional lanes at the Scholl s Ferry interoection and turn lanes at major intersections.' The intersection of 135th Avenue to the north is to be a "Ts intersection, with Murray Boulevard as the through ,street. C . The impacts of potential traffic: from this site were considered as part of the Northeaet Bull Mountain Transportation Study Report iesued in January, 1990. 'The site is proposed to be developed to a density ofaipproximately one half of the allowabl density which was used in the study. This otudy assumed that Murray Boulevard, as defined in the UPAA, would be constructed .as part of the collector otreet system. The otudy includ.s a traffic analysis .which conclude that additional lane may be needed on eastaons of Murray Boulevard when the Bull Mountain area is fully developed. The reduced dsnsity proposed will not affect the traffic analysis condlusione. The study Report recommends that right-of-way be reeerved to provide for future construction of these addiaional lanes if and when they become nedessary. Based on a review of the traffic analysis, the proposed development, and the provisions of the UPAR, we recommend that Murray Boulevard, where it abute the proposed development, be constructed as followet FINAL ORDER No. e0-la PC - MCDONALD/OTAK A. A two -lane street with a minimum width of 40 feet within a 60 foot right of way. B. A 44 foot wide street with a minimum 100 foot long center turn lane at all intersections. C. Additional right - of-way be dedicated to 45 feet front centerline to provide for the construction of future additional lanes as follows: a. on both sides of Murray Boulevard between Scholia Ferry Road and the first street of the subdivision, to provide for future additional lanes at the Scholls Ferry Road intersection. ' b. On the west side of 135th Avenue, 100 feet from the south boundary of the subject mite to provide for a future right- turn lane. c. On the north side of Murray Boulevard 100 feet from the new intersection of 135th Avenue to the existing right -of -way of 135th Avenue, to provide for a future right -turn lane. D. Transitions in right-of -way width should have a taper rate of 15:1 for widening and 35:1 for restricting widths. . d. The new alignment of Hurray Boulevard should be improved to the standards shown above to provide two through traf is lanes, a center turn lane where necessary, bike lanes, curbs, and six foot wide sidewalks on both sides. A minimum of hale street improvements should be constructed where the subdivision abuts the. existing right -of -way. of 135th Avenue. The improvements should provide for 2 lanes of traf f ic'. 135th 'Avenue should be extended from the 135th Avenue LID i provements to Murray Boulevard a a 40 foot wide roadway with curbs and five foot wide sidewalks. f. Soholla Ferry Road is a State Highway and is currently a two lane paved a y t,tirravel shoulders and ditch The State Highway Division has commented that 'the intersection should be evaluated to determine the interim im pr. ovenent s needed to handle the 6xxieting traffic at the MUtray Boulevard intersection. Fuu improvements would be imposed vs conditions of ectioertapp r l for the commercial site and the multi- family site. Right -of -way Should be dedicated to 45 feet from centerline. The proposed develop ment p lans show the p r p iew Loop, between the two accesses to Murray Boul evard to be improved to full local street standards. the streets within the proposed Single family development are proposed to be a variation to the looal street standard as 28 foot wide paved streets with curbs and a sidewalk'on FINAL ORDER NO. 30-+12 PC d- MCD0NALD /OT[ PACE u one side vithin a 37 foot wide right-of-way. In th ,= eastern portion of the single family subdivisio ► (area two) , 20 foot wide paved alleys within 30 foot rights -of -way are prupo:•ed between each street. The planned development overlay requested allows for narrower street widths with adequate justification. The eaetern portion of the site is on a hillside with varying degrees of steepness. The appl,ic& nt® report indicates that th reduced width aad one side sidewalk will limit the amount of earthwork and help preserve the vies to th north to and =est. The alleyways have been proposed in the site in the provide additional access to each site. As proposed, most late eastern portion of the eing7e family divi ion will have access to an alleyway and the public: street Th,r. " ;Mtaff has no objection to the reduced street and right -'of -way widths and sidewalks: on one side for the eastern portion of the site, area two The proposed alleyways tend to offset the need for sidewalks on both sides of the street. A major portion of the central area located within the loop road (area . one) does not h ve steep evade thr©ughout . Alleyways ate not proposed in this area Therefore, we find no justification for variances to treat improvement standards. h. The site drains toward the north to Murray Boulevards A drainage awale exists running to the north and is proposed to be left in a n aural state by the applicant within a S0 foot wide public easement. E aintcnance of this drainageway should be part of the Cwt' a for the adjoining lots to prevent filling or dumping of refuse into the swab. Street crossings of this drainageway should be de igned for the ultimate dew - 1opment of properties upetteu¢ . • Improvements chauld" be' coordinated with a new storms drainage :Fine planned for 135th Avenue South of Walnut Street. Sacklot drainage should be provided for the lots which drain away from the stre 't Drainage for the future aeveiopaent of the are to the south should be considered. i. Adequate sanitary sewer service is provided from the existing system in Hindon Street and from the trankline in Scholia Ferry Road. Service to the south should also be considered. Staff hao no objection to the variance requested to allow 6 soot fences to be constructed within 10 feet of the front of 10 lots provided ei g ht distance is not obscured for vehicles exiting private driveways or exiting onto Northview Loop. FINAL ORDER N0, 90.12 10 a- I4CDONALD OTA 1 •'+- ...h7 x , i ' 11'u ¢ y' 1� M _y pan R •. f 4�_ u �'.. _ 11 f i °I 41 • �t�qi..- �' .4u. Yf i����'. Washington County's Department of Land U ^1 and Transportation has reviewed the proposal and has no objections to it The County's comments noted that this property falls within the area of the proposed Murray Boulevard connection and the p :opoeal appears to address that facility adequately. policies t shown set forth Washington County wants eaine�.e ®� Agreement are met. The alignment standards � in the in the Urban Planning Area application for SW Walnut Street appears to match that shown in the Urb n Planning Area Agreement. Metropolitan Area Communication Commission (cable television) has reviewed the proposal and has requested that two inch schedule 40 PCV piping he installed at all road crossings. The Oregon State Highway Divisions has reviewed the proposal and has noted no objection. The Highway Division has requested that the applicant contact them to show aoeeae for the future multi- family development area to Northview Loop. The Highway Division has also noted that there fie a need to proceed with design crit6 ri a and permits for the Murray Boulevard ., extension. The Building Division° has reviewed the proposal and has objected to the open drainage €swale being divided into individual building lot areas without public access. The inclusion of the awale area within lots may result in difficulties for the City in Bee , -ping the °wale clear of dirt, debris, and fill material during the construction of homes and thereafter when homeowners may use this area a a debris dumping area. Public ownorehip or common ownership by the neighborhood may reduce the likelihood of them. problems. • The Washington County Consolidated Fire and Rescue District has reviewed � District has the proposal and has and the Fire ,District. a Tie Di esaordins no p y commented District that hydrant locations should be with the Tigard Water problem with the proposed circulation system but notee that both sides of the proposed alleys acs well as one side of any decreased, width public streets should be °posted for no parking. In addition, the District requests that holes not be given addressee on the proposed alleys. The Beaverton School District proposal at has commented that an additional 100 school age students are anticipated to result °froxa development of the proposed dingle - family Iota. The number of additional tudents resulting from the proposed subdivision could be housed at the intermediate and high school levels. At the elementary level, however, Sexton Mountain School is nearing capacity. The School District recently appointed a citizens committee to study long range facility needs. This committee has recommended a bond issue for the construction of new facilities. trice will be can acquire needed ® able to accommodate additional enrollment generated by new de(relopments if the District q The. Scheol i� a 9 y school sites) and pass a bond measure in June of 1991. School �ceav ®ton Districts comments are included in Appendix A of this repent The City of Beaverton, Tigard Water District, PGE a and GTE have that proposal, and have offered no comments or objections. FINAL ORDER NO. 90 -12 PC -- MCDONALD, /OT7PlK PAgg JB yy - Is- fa Ui i No other comments have been received. B. FINDINGS AND CONCLUSIONS The applicable criteria in thie case are Tigard Comprehensive Plan policies 2.1.10 7.1.2, 7.3.1,, 7.4.4, 8.1.1, and 8.1.3; as well as Community Development Code Chapter 16.54, 16.56, 18.60, 18.80, 18.92, 18.114, 18.130, 18.150, 18.160, and 18.164. The Pl nning Commiesion concludes that the propoeai will comply with the applicable Plan policies and Code criteria based upon the findings noted below: 1. policy 2.1.1 is satisfied because City of Tiga d Neighborhood Planning Washington y Community Planning Organization #4Bw ere provided with a . copy of the proposal an d were afforded the opportunity to comment prior to the public hearing on this application. In addition, neighboring pro c-ty owners were given notice of the public haring on the subdivision proposal advising them of their opportunity to comment on the proposal. 2. Policies 7.1.2, 7.3.1, and 7.4.4 c - n be satisfied because extension of sewer, water, and storm drainage facilities to servo the development will be required prior to approval of the final plat. The applicants have indicated that these facilities will be provided within the proposed subdivision in conformance with City etandarda. Detailed public improvement plans will need to be approved by -taff and service providing agencies prior to installation and final plat recording. Service providing agencies have issued no objections to the preliminary public improvement plans except for the Building Division's) comments regarding the inclusion of the open drainageway within individual lots rather tliaprivately Commis i'a�► p �ncti�r public open space area It has been the Planning g with recent subdivision review to accept dra:nageways being included in individual building lots rather th - n requiring dedication of the drainageway unless it is also needed for park purposes. Although the Building Division raises important concerns, staf f is not persuaded that these concerns) would neosasarcily be alleviated by dedication of the drainageway to the City of Tigard or through having this drainageway be a no only held tract maintained by as homeowners assoCi tier, The concerns raised by the Building Division arisen in subdivisions where drainageway areas are 'not divided into the surrounding lots. The proposed increased reduce along the as ®d setbacks drainageway created by the ease`►ent should potential for debr5 -' filling problems during constructions 3 Policy 8.1.1 calls for the provision of a safe and efficient street system which will accommodate present and future needs. Trta;ia policy is eatief fed because the ps opOsed collector street development will provide for a much needed ebunection to SW Scholls Ferry Road in this FINAL ORDER NC. 90 -12 PC - ACDONALO/OTAR PhC= 9 rapidly developing area and because the proposed development's internal street system will provide good access to all lots as well as street stubs of the proposed Hood Drive and St. Helen's Court to provide access to parcels to the south. The proposed internal street system which minimizes the use of cul de sacs and provides alleys abutting several lots should provide very good access for emergency vehicles. The proposed pedestrian pathway on the eastern portion of the site will provide good pedestrian circulation for this neighborhood despite the proposed long blocks. The applicants should be allowed to have some flexibility i,n locating this pathway prior to recording the plat. This flexibility is necessary in order for the applicants ° engineer and City staff to determine how the gradient of the pathway can be . further reduced. The pathway should be allowed to shift 150 feet if such a shift will y Y radi.ent. It mayes also � be necessary for short either way of its presently prop reduce the pathway's g groupings of steps to be included in the pathways. The pathv.. y segments should not be aligned with each other so as to discourage daredevil bicycle and skateboard riding. The Commission delegates authority for approving the pathway's final alignment and design to the staff during the final plat review. Policy 8.1.3 satisfied when condtlon® of approval, relating to street improvements � are completed in conjunction with the final plat. 5. Community Development Code Chapter 18.54 (R -12 zoning district) is the zone. All prc�poeed lots should font satisfied because all lots ar: -: larger than the 3,050 square f of minimum lot size standard , of be able to he, built upon in conformance with setback standards of the zone without requiring variances. 6. 'Chapter 18456 (R-25 zoning district) is satisfied' because ,lots within' . h with the minimum log. the R-25 zoned . portion of the All proposed lots t ®with the ale' ten be size standard of the zone p p built upon in conformance with setback standards of the zone. 7. Chapter 18.60 (C-N znning district) LS eaatiEif ied because Parcel 0 at the intersection of SW Scholia Ferry Road and the Murray Boulevard extension satisfies minimum lot size and dimensional criteria of the zone. No development of this parcel is proposed at thi time 18.80 (Planned Development) and 18. 160 (Subdivision) are 8. chapter ati atisfied because the proposal eta the requirements set forth for satisfied approval of a planned to 1 plan and ®ubmi.ttal. and app fanned de �pment conceptual the subdivision i preliminary � : aint proposal attem s� divia -ion reli�ainar plat The opportunities (i.e., the subdivision to fit the bite's constr s a�,d o street eight of way$ are reduced in width ssosnd to reduce tha, amount y, the proposed lots in of cutting and filling that are necess�ar th phase two would be graded to locate homed with respect to .preserving the neighboring p p . ) e' ways, the proposal ro er�ies views�s In t�se» FINAL ORDER NO 90 -12 PC +- MCDONAL) /OT 4 agrees with the purposes of the Planned Development section of the Code. Because the underlying zones both provide for multi- family development as a Permitted utle, it is appropriate to allow transfer of development opportunities from the single-family residential area created by the subdivision application to the R-12 zoned area in the future multi- family development site. The 300 unit development opportunity for the entire future multi - family development site is far ieee than the balance of unutilized housing opportunities entire site after t.' single family residential tots for the e de�velr�p�nt of �,�:�e � It ° The plat hould note that a maximum of 300 multi -f emily dwelling units can be developed in the area designated to a future multi- -famil. y site. ent standards are several variances to Code public road improvement Section 18. 160.120 (5) provides the following criteria for a variance to a Code standard to be considered through -a subdivision application. � .one affecting the a. There are spacial circumstances or c�asadl„ property which are unusual and peculiar to the land as compaired to other land similarly situated; b. The variance is necessary for the proper design or function of the subdivision; c. The granting of a vaari nce will not be detriment l to the public health, s; fety, and welfare or injurious to the rights of other owners of property; and d. The variance is necessary for the preservation and enjoyment of a substantial * property right because of an extraordin ry hardship ' which would 'result from strict comp'l'iance with the ,recguulaations of' this ordinance. • The applicants request approval of 37 foot wide local street rights -- .. Court, and a portion of H Hood Drive the whereas Baker � Development Code section y proposed 18.164.030.E.1. requires 50 foot wide rights -of -way for local streets. The same Section requires 34 feet of roadway widths for ._ id.,a local streets. The ,,pplloanf -s request approval of �� moot laac >:.1 ®tree streets within reduced width rights-of-way- code gectio n 18164.07® Ae 1b requires of all local is rre est approve]. p of a plains that would place sidewalks on both sides o streets. The applicants � �':�uoed right-of-way �id�k4a sidewalks on, one aide of all proposed e'e public streets The applicants state r .. � , t � the reduced right-of-way c�ttin into the a�ill��sics �:� tt e e radio and �' width and street width are nece ® ®a. t� limit � � much possible . order to preserve the existing slopes as �uc.kn Commissi��na ra�e� with the one with respect to area two of Ir proposi1d subdivision iheseiageerti ___ FINAL ORDER NO. 00.42 P4 ' - Hta,DO] ALD ETA • and finds that the requested variances are necessary for, the proper design and function of the Planned Development /Subdivision because the reduced widths will allow maximum utilization of a significant natural attribute of the site, its views, while minimizing the amount of disruption of the natural hillsides. The reduced street and right -of- way widths will ant be detrmental to pub.a.e interests relative to wrehicle parking because the proposed subdivision wos*ld be provided with a substantial amount of parking in the form of on- street parking on both sides of North View Loop; would have a substantial amount of parking along the internal ztreeta be auae of their lengths, and because on -site parkins will be proviaed for two to four cars on each lot. t is not anticipated that maximum parking demand wi•i':hin the subdivision will ever exceed the parking spaces provided within the development, Requiring full width rights -of -ways and streets would be inconsis &gent . with the purposes of • a planners development to promote development which compliments physical features, i.e., view potential, as well as the goal . o f limiting unnecessary disruption of existing landscape features. While the commission finds that the requested variances to the public Street as public local ,street right -of -way and pavement widths are justified for area two of the proposed development because of the steep slopes in this area and its view potential, the Commission is not persuaded that the same arguments hold true for Baker Drive nd, Baker , Cou `t in Area one .This area is not similarly steeply sloped. The Commission does not, see any physical reasons why a full width right - of-way and street could not be accommodated. The applicants argue that reduced widths should bs allowed in area one so as to provide a • consistent look for the development as well as to align the ' drive lanes between the two sections of Baker Drive. The Commteeion agrees that the reduced width for area two would contribute to a consistent design and function of subdivision streets; however, we do ' not f.ihd that there are ' special circumstances-or ccinditi ®na °�vhich neceseitate the variance as is ''r'equired' 'by the Code's variance criteria. Sidewalks on one side of the reduced width street.:; are requested for much the same reasons as the rer aced street and right --of -way widths to reduce grading and thus preserve views as well as to provide a consistent design between areaa. one and area two. Again, the W qu 3 Commission finds that th requested variance is justified as applied to area two because it would reduce the amount of grading that is necessary thereby allowing additional view lots, it would reduce the amount of grading and isruption of existing features, and because public purposes would not be detrimentally affected because of the, adequate pedestrian circulation that is provided by the sidewalk cutting through the rsld le of the blocks ad well as pedestrian circulation that would be provided by the proposed alleys. In area one, however, the elimination of sidewalks from one side of the street would not have a significant impaot on reducing grading and ,preserving views and there are no off - setting means of providigng Pedestrian circulation such as a Sidewalk between Baker Drive and r4orthview LoDpa FINAL OBR NO. 90-12 .. . C) -1„� PC �,�_ �ICDOI�T�1I►lD,tr4?T�C ma 12 • 8idewelks on both asides of the street are necessary to provide pedestrian circulation for the great number of lots along Baker Drive. In addition to the requested variances to public road improvement tandards, the applicants also request a variance to Code Section f 18.1 0. 030 which restricts ences in r equired front yard areas to a maximum of three feet in height. The applicant request th t fences up to Elias feet in height be allowed in the front yards of proposed lots 25, 26, 29, 30, 33, 34, 37y 38, 41, and 42 as long as the fences are set back at leant ten feet from the front property line. These lots are located south and west of Baker Drive in area two The lots all will have driveway access from the Adams Lane alleyway. Although the driveway =,cceoa will be from the alley, the portion of the iota facing Baker hive 4*111 be considered the front and thus subject to the required front yard setback of 15 fee. The agplicar to state that the purpose of the requested variance is to allow the homeowners of the subject lots to place fences in areas that may be used ar private areas similar to what normally would. be found in a rear yard. The requested . varieuce will riot be detrimental because , the 10 foot setback is only slightly less than the 15 feet setback that normally would apply, and because these fence locations will not cause a walled appearance along the public streets. Fences setback 10 feet from the property line will not unduly restrict vioion for motorists backing onto the public street from the driveways of the abutting lees. The parcels for which the requested variance would apply are subject to the unusual circumstance for suburban residences of having their rear yards occupied by the dome's garage and driveway with little area left in the rear yard for private open areas such as decks or private lawn areas. The requested variance will allow these homes to provide the pxM Mate areas in their front yards with a reasonable amount o!C ocrrening. At►ditic naily, the applicant® ,request a variance to allow proposed. lot3 24- '2' and 59 -60 to slightly 'exceed t.??e' Code's maximum lot depth to • width ratio of 2.5 to 1 (Code Section 18.164.06d.A.1.b) . The applicants state that the increased depth is necessary to allow greater staggering of building locations in order to maximize view potential. Staff finds the eiew potential of these parcels to be special circumstances' ffecting these parcels eni c a support the request. Decaue3e creating view lots is a primar objective of this n, subdivision d a design, the variance is nece sary for the prop�sr design of the subdivision. The primary purpose of the maximum lot depth to width standard is to discourage the ereatiors of lots which have the potential for re- division into flag Loth or other unudu€al let configurations The requested variance is ,mot detrimental to this purpose sus o � y size e Lauld preclude future re- division Strict compliance with the lot depth t% width retie)) standard would necessitate redesign of the subdivi0ifon with ',essenad' view potential or a decrease in the nun ber Of lots though widaning of the lots. A further reduction in proposed lots as dcbmparsd to the total development o tiortuni pl. ty of the parcel may make divja. on into FINAL ORDER NO. S0,-.12 PC MCD oNALD/O' AK single family lots unfeasilie. The requested variance to the lot depth to width ratio standard is approved. Chapter 18.92 (Density Computations) is satisfied 'oecause the proposed density is consistent , with Code requirements for the R -12 and R-25 zones. The 194 single- family lots and the r served opportunity for 300 multi -- family unite are proposed in an area that would provide an opportunity for approxizuately 991 dwelling units if developed to the full density opportunity of the R-12 and R -25 zones. 10. Chapter 18.114 t Signs) will b satisfied upon application for and receipt of a sign permit for subdivision identification !Ages. Sheet 3/5 of the applicants submittal shows identification sign n to be located on walls on either side of the ea ®tern .intersection of Northview E and Murray Boulevard. Code Section 18.114.130 i1.c allows ore 4ubdivision identification sign at each entry point to the aubdiviaio n. Therefore, only one of the proposed signs will be eble tQ be permitted. Sign size must comply with Code requirements. 11. Chapter 18.150 (Tree Removal) requires that . the number of trees over six inches in diameter that are removed during the course of construction be minimized.. The proposed development site has a relatively small number, of large trees loc= ted within the drainage ewale However, some trees may need to be removed to accommodate the development's streets and utilities as well as drainageway improvements. The number of trews roved should and can be minimized throu g h careful site design. Plans for tree removal must be reviewed by the Planning staff through an application for a tree cutting permit. 12. Chapter 18.164 (Street and utility Improvement Standards►) of the Code will be satisfied during the .approval process for the final plat and public improvement plans. As noted above, ataf f recommends approval of variances to several standards contained in Chapter 18.164. The applicants' tarrative notes under Landscapima and g reenina on planted along the o maintenance landscape section of Hood Drivethatab buffer properties b to !the south. Proposed landscaping materials are not detailed. The applicants should coordinate the landscaping plan for thu.a area With the City's. Public Works Division. Two remnant parcels would be created at the intersection of SW 135th Avenue and the Hurray extension. Although both parcels would meet the minimum parcel size of the R-25 zone, the parcels are not included in proposed pp� yep sag options for the subdivision: ,., The a licant® are a arse p e Agri utilization of these parcels. Access to then percale le fro Hurray b Boulevard should be prohibited. In addition, a portion of the existing right-of-way for SW 135th Avenue to the east of proposed parcel B will becor a unneeded for yoadway purposes When the new intersection is completed The City should clonsider vacating this right-of-way segment ei bsequent to construction of the interaecti.onb FINAL uRRR NO. 9A-12 PC - ICDONALD/OTAK DECISION The Planning Commission approves: 1) The zone change_ to to adil the PD overlay zone to the R -12 and R -�25 zoning 'designations for the portion of tax lot 101 south of the Murray Boulevard alignments 2) The conceptual planned development Plan/Preliminary Fft2b Ivieion plat for PDR 90-0004 and SUB 90- 00044; 3) the requested variances to allow a 3/ foot wide local Street right of -way, 28 foot wide roadways, and sidewalks on one side of the street for the proposed Baker Drive and god Drive in area two only; 4) the requested variance to - how fences no ` taller than six f et in height in, the required front yards of lots 25, 26, 291,-30, 33, 34, 37, 38, 41 and 42 no closer than ten feet from the lots' property lines along the proposed SW' Balker Drive; and 5) the requested variance to allow several of the proposed Iota to exceed the Code's ma0Lmum lot depth to width ratio. Approval is subject to the following cond tiehe$ UNLESS OTHERWISE 'NOTED D l CONDITIONS SHALL DR MET OR ASSURED FOR. TO RECORDING tRE YINAL PLAT. 1 All lots shall be displayed on Bch final plat With fall di tent one and square footage. The area designated future multi- family site shall note a maximum of 300 dwelling units may b developed. STAFF CONTACT: Jerry? Offer, Planning Division (639-4/71) 60 feet of right- of-way shall be dedicated to the public according to the UPAA Murray Boulevard alignment. Addition al right-of -way shall be dedicated on the ,Rpproachea to Soholls Ferry ' Road, 135th Avenue and Walnut Str et to 45 feet from the" 'centerline to accommodate the additional turf lanes and through lanes. The length' of the additional right-of-way shall be: a On both sides of Murray Boulevard between Scholl* Ferry goad and the 'first atreet of the subdivis .on, , to provide for future additional lanes at the Scholl° Ferry Road intersection. b. On the west side of 135th Avenue, 100 feet from the south boundary of the subject site to provide for a future right -turn ' lane. .. _ .1 ersectien of c On the north side of Murray Boulevard from the new �ynt' 135th Avenue to the existing right-of-way of 135th Avenue, to provide for a future right -turn lane. d. Tranlaitiorne in right -of -way .Width should have a tape rate of 1581 widening and 35: 1 for restricting widths.‘ 60 feet of right-of-Nay shall be dedicated to the public according to the proposed 135th Avenue T inters : = ction location ,-�1wn in the UPAA for 135th Avenues e ,,P!) k FINS ORDER NO 90-12 Pd - MCDON /OT, PAGE? tl . • 50 feet of right -of -way shall be dedicated to the public for the loop road, the ` internal streets within Area 1, the cul ad' -sac to the west, and for the streets connecting to the Fern Street area to the soath. 37 feet of right -of -way shall be streets of the'Area 2. dedicated to the public for the internal 30 feet of right-of-way shall be dedicated to the, public for the alleyways. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171) Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Diviaion, along the Scholia Terry Road frontage to increase the right -of -way to 45 feet from centerline.. The description shall be • tied to the existing right -of -way centerline. Verification that the conveyance has been submitted to the State, shall be provided to the City Engineering Division., (For additional information, contact Myron Melnick, Oregon Department of Transportation, Right-of-Way Section, 7165 SW Fir Loop, Tigard, ®r egon 97223, 684 - 15101. 4. The applicant shall obtain a permit from the ' State of Oregon Highway Divieien, to' perform work ' within the right -of -way of Scholia Ferry Road. A copy Of the permit shall be proviCad to the City Engineering Division prior to issuance of a Public Improvement Permit. STAFF CONTACT: Gary Alison, Engineering Division (639-4171). 56 Collector street improvements including sidewalks, curb, streetlight e, and underground 'utilities, shall be constructed along Murray Boulevard frontage conforming to the alignment shown on the submitted plans from Scholia Ferry Road to .135th Avenue. The improvements shall be a minimum of 40 feet wide, currbnto' curb. On the approaches to all imtereectiona, the street shall have a minimum width of 44 feet to provide for a 100 foot long center turn lane. • The' intersection of SW Murray Boulev rd and SW 135th Avenue shall be a 3 -way stop. Half width plus 12 feet of collector, street improvements, including curb,• sidewalk, streetlights, and und- rground utilities, shall be installed along tho existing 135th Avenue frontage, conforming to the alignment ,shown on the submitted plans. 1 ull • width . minor collector street improvements i.4cluding sidewalks, curb, streetlights, signing, striping and underground utilities shall be constructed from the end of the 135th Avenue LID improvements to its intersection of Murray Boulevard STAFF CONTACT: Gary Alfson, Engineering Division (639 - 4171). 6. Full width street improvementa, including traffic control devices, mailbox clu,atorc, concren a sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewerm, storm drainage;, streetlights, and :undergrroue1.4 utilities shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards except with regard to the 28 foot pavement width for SW Baker Drive and SW Hood Drive in area two as FINAL oiatINN M'1. 90 -12 PC v MCDoNALD /oTAK shown on the preliminary plate Division (639-4141). The 2$ Foot wide internal streets and 2Q foot wid., alleys shall be allowed within the eastern portion of the subdivisions area two, conforming to the alignment shown on the preliminary plat. STAFF CONTACT: nary , Alfeon, Engineering The applicant shall provide for roof and pavement rain drainage to the public ssatormwater drainage system. STAFF CONTACT: Division (639- 4171) Brad Roast, Building The applicant shall demonstrate that storm drainage runoff can be discharged into the existing dra3' ageways without significantly impacting properties downstream. STPF CONTACT: Greg Berry,, Engineering Division (639-4171). 10. Sanitary sewer and .storm drainage details shall be provided as part of the pnablic improvement plans. Calcul:�tiono and topographic map of the storm drainage basin and sanitary sewer ,service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on' full . development of the serviceable area The loc :. tion and capacity of existing, proposed, and future lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering Division (639-4171). 11.. The applicant shall provide sanitary sewer and storm drainage service to the south boundary of the subdivision for future connection of the adjacent .Properties. STAFF CONTACT: .Greg Berry, Engineering Division 019-4171). 39- 4171) 12. A 50 foot wide public easement shall be dedicated long the drainageway Adjacent property owners shall be responsibl" for the maintenance of the drainsgeway. ' The drain geway shall be kept clear to allow passage of the storm . water runoff STAFF CONTACT: Greg Berry, Engineering Division (639 4171) . 13 Two (2) . sets of detailed public improvement plans and profile construction drawings iha.li be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawinge and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval. STAFF CONTACT: John Hagman, Engineering Dsi.vissican (639.411) 14 Building permits will not be issued and construction of propooed blic improvements . c ; .... until -er the Engineering Division has reviewed and approved the public improve sent place and a street o ning g permit or construction compliance agreement has been executed.; A 100 percent performance assurance or letter of commitment, a developer - engineer agreement, the payment of a permit fee and a sign insstallaion/;:;treetlight fee are required. STAFF CONTACT John Hagman, Engineering Division (639- 4171). FINAL ORDER NO; 90-12 PC - P~ICd3C TALD OTAlly FACE 17 15. Street centerline monumentatien shaU be provided as ollows a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the Cit y accepts a street improvement p 2) The following centerline monuments vihall be sets A) All centerline -- centerline intersection points. B) All cul -de -sac center points. C) Curve points, beginning and ending points (PC s and PT's Monument Boxes Required 1) Monument boxes conforming to City standardls will be required around all centerline intersection points and cul-de-sac center points. 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hagman, Engineering Division (639- 4171). 16. A grading plan shall be submitted showing the existing and proposed contours A soils report shall be provided detailing- the soil compaction requirements. STAFF CO TACT2 Greg Berry, Engineering Division (639 - 4171). 17. The location of a ten foot wide asphaltic concrete or cement bicycle and pede strian pathway through the approximate center of the ,proposed locks„ in area two may be relocated no more than 150 feet from the location shown on the preliminary plat if it is found that relocation will reduce the gradient of not be aligned so as to discourage bicy.r cle and other vehicular ha traffic. Final design approval for the pathway shall be the r-es ponsibility of the City Engineer in consultation with the Parks department. STAFF CONTACT: Gary Alfson,, Engineering Division (639 4171) 18: Arn erosion control plan shall be provided as part of the public improvement The l.- n shall conform to "Erosion Control Plana - Toehnica drawings. p " �.calg Guidance Handbook, November 1989. STAFF CONTACT. Greg Berry, Engineering Division (639-4171) + _.. accees� Shall be prohibited �b�.vsion 63+� any 19. Direct vehicular abutting Iota. STAFF CONTACT: John Hagman, Engineering ( ) 20 No buildin permits for any phase of the subdivision until a � its shall be issued any portion of Murray Boulevard hays been constructed to provide a paved two -lane connection to Scholia Ferry Road or 135th Avenue. STAFF CONTACT: Gary AlfaoA, Eng3 neelcing Division (639 -4171) FINS, ORDER NO. 90 -12 PC -= MCDO ALD/OTA a ^� 21. Conatauoticn traffic hall not be allowed to travel oh Wilton Straet north of Murray Boulevard. Construction vehicl1s, including a aley(ae vehicles, shall not be Parked on public streets north of Murray Boulevard. 22. Prior to recording of l the final pl A t, any outatandirig assessment balance for this site shall be paid on the SW 135th Avenue Local Improvement District. 23. Fences along all public streets shall provide for adequate sight 6ietanc for vehicles entering and exiting public streets. STAFF CONTACT: Brad 7zoast, nui1d.► ag Division (639-4171) 24. Vances l no taller than six feet in height shall be permitted in the reguired front yards of lots 25, 26, 29, 30, 33, 34, 37, 38, 41 and 42 no closer than ten f et from tho lots' property linen along the proposed tad Sits: Baker Drive. STAFF CONTACT: Brad 'Roast, Building Division (630-4171) 25. Trees over six inches in diameter shall only be removed to construct street, utilities, residences, and drainageway improverackntia. A tree removal permit prior y diameter of six moat be obtained riot , tothe th® remov+�� of an tree �ra3.t�a, inches or greater. STAFF CONTACT: der Offer, Planning Division (639 4,,71) sign prior or to erection of the proposed 26. permit shall be obtained ri A ®i H� ca subdivision entrance sign. STAFF CONTACT: The Planning Div7ision., PLAT APPROVAL _ Ste, C:1 VALID FOR 18 MONTHS FROM TEE DATE OF I `a DEC /SION. It is further ordered that the applicant be notified of the entry of thief order. PASSED: This 1 day of May, br/ 0: Eub90 --o4. jo 1990, by the Planning Comrmiasi FINAL ORDER No. 90 12 PG dCDONALD /OTA. n i #41 „ci „.,,,A4rompumpf tY of Ti Yard. Tiga,d Planni P OE - ., • u' '� a ..• '. 1 y y :�� my wa' aw '> �'•1 HILL GROSS 3019 SW HAMPSHIRE ST PORTLAND, OR 97201 MARGERY KRUEGER, ET AL T. 1 BOX 792 BEAVER" , OR 97007 FINAL ORDER - KRUEGER /MCDONALD CALVIN 'WOOLERY 12356 SW 132ND CT TIGARD, oR 97223 SYLVIA CLARK MCDONALD PARTNERS 10260 SW GREENBURG RD #400 TIGARD0, OR 97223 GARY STEELE 12645 SW 135T1 TIGARD, OR 97223 808 LUDLUM 14065 SW FERN TIGARD, OR 97223 BARBARA MARTIN 12600 SW WALNUT TIGARD, ' OR 97223 STATE OF . OREGON County of Washington City of Tigard on oath served NOTICE OF DECISION FOR= C3.ty of T Lard Planning DLrector /' igard Pinning Commisniof �.�._. Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Exhibit "A°') was mailed to each named attached list marked exhibit 'W1 on the said notice HOT/CE OF DECISION as heres bulletin board on the day of in the United States Mail on the postage prepaid Decision) of which is attached ( arkr d persons at the address shown on the L_..`.. day of ,c'r',.iN_ 2.9 ` t attached, was posted on an appropriate v 9_ . _. 1; and deposited da y of 19 "? e. Person who posted on Bulletin Board ('or Decision Only)* P rson who de vered to PAST 0 N Sub cribed and sworn /affirm to me on the 19 s� day() bkm /AFFIDAV. EKM • NOTICE 07 • PUBLIC HEARING EA4A,Vd- A NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANKING COMMISSION, AT ITS MEETING ON TUESDAY, April 17 1990, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, ORECON, WILL CONSIDER THE YOLLOWING APPLICATION: FILE NO: SUB 90-0004 NPO #7 PILE TITLE: Krueger/McDonald APPLICANT: McDonald Partners 10260 SW Greenburg Rd. Tigard, OR 97223 OWNER: Margery Krueger, Et Al Rt 1, Box 792 Beaverton, OR 97007 AGENT: OTAK, Inc. (.70e Dille) 1735 Lower Boones Fry. Rd. Lake Oswego, OR 97035 REQUEST: SUBDIVISION SUB 90-0004 ZONE CHANGE ZON 90-0004 PLANNED DEVELOPMENT PDR 90-0004 VARIANCE VAR 90-0008 A request for; 1) a Zone Change to apply the Planned Development overlay zone to the subject site; 2) Subdivision preliminary plat/Planned Development conceptual plan approval to divide 42.2 acres into 194 single family residential lots to be developed in two phases. In addition, a 12.5 acre pardel would be created for potential future multi-family development; and 3) Variances to allow: a) a 34 foot wide right-of-way where 50 feet is normally required, b) a 17 foot garage setback where 20 feet is normally required, and c) sidewalks on one side of all 28 foot wide local streets included in the development. ZONE2 R-12 St R-25 (Residential, 12 and 25 units/acre) LOCATION: Between Scholia Ferry Road and SW 135th Avenue, south of the Cotswald subdividion (MT 2S1 4B, tax lot 101) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS HATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER /8.30. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE HEARING: FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS 10IRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION PLEASE CONTACT TIGARD CITY HALL, 13125 SW HALL BLVD., ORGANIZATION (NPO) # CHAIRPERSON: James Bovian THE PLANNING DEPARTMENT AT 639-4171, OR CONTACT YOUR NEIGHBORHOOD PLANNING PHONE NUMBER: 626,-0640 ...www.•••■mom0 LAUR O FALCO its S S .W. WALNUT ST. sate: 2S10480a -D0200 as as OarrrAO Oa K. cIsIT.T VALLEY BANK PO BOX 167 GOLDENDALE WA 98620 2S10420 -00202 a s aaa o•oaa•o aaeo CBABAD LUBAVI C1 i or OREGON 14355 SW , CMOLLS FERRY RD BEAVERTON OR 97007 9) . OO °00201 a•eaoo.o•00...du CERMAD LDMANITCH OF OREGON 14355 SW SCROLLS rEnRy AD BBMERTON OR 97007 `N. rq�.^�p ryAypy� F/ 3CC 0030O O M • m GEORGE V UEA TE A Nia WIC F DR EOCENE r . 3CD•- 0020® a•a• e•o XRDEGT&R# MARGERY F ` ET AL I BOK 792 SEMERTON 1S13..W,.�.. 0400 ..................... MOORE,v /LELA M ESTATE % HOPPER, E.IN H MARIL YN D RT 1 BOX 390. '3E? VERTON CPR 97'x05 �T�O ���, 0 r•000aa•0oa�•s�6wea +or•a 1S' CD° O & KRISTI M 13909 SW CRXST CT TIGARD OR 97223 10133CD °08800 aa4aaaes0001aoaaaeooa :PERRY, RICHARD J & LISA N 1113865 SW CRIST CT TIGARD OR 97223 ,T1S133CD -09000 •ms o00oaaoeooboaoao o BODUSON ® GARY T /DDEERA J 11747 SW MORNING HILL DR TIGARD OR 97223 25104BA -00200 ► a• a a o a, ASZMAN, FRANK E JANIS E % PETERSCHMIDT, STEPHEN J FRIDAY, VICKI DIANE !12130 SW 135TH TIGARD OR 97223 2S1048A °00800 a000e4e4a4oa 4a4•4a•aa GEONETTA, PATRICK AND SPINUZ2I, auLIE 12112 SW WESTBURY TIGARD OR 91223 ": ' B AND ILENE R 231007 SW CRISP CT TIGARD OR 97223 11.5133CD °08900 a a a a adaaa00aaaooaaav JERRY N & BARBARA M 12021 SW WILTON AVE IT. OR 97223 2S104BA 00100 a WALTER =ST CORPORATION • FOND, RUTH D BY GUARDIAN MGM' 4300 SW MACADAM SUITE 380 PORTLAND /p OR 97201 2s104BA -007y 00 oode•oa oaaeo.aoroaa MI RAY ANN R 12098 SW WESTBURY TERRACE TMGARD OR 97223 '; (2S104EA°00900 Oaaaaaaa aa0a00.60000n. INf 1 ,aT; JAMES R PO EaX 25571 PORTLAND OR 97225 2S104BA-01000 MCGEHEE, JAMES R PO BOX 25571 PORTLAND OR 97225 2S104BA —.01200 0oosoaaaasaa.. PISCITELLI, VITO N 12232 SW WESTBURY TIGARD OR 9`1223 2S1043A- 01.1O6 oa••aoa•aooaagaao••4 D~1dG 4;' w E a JAMES R PO BOX 25571 PORTLAND 2S104.04701.100 o•ooa6aoa!aaaiaooeaooaa BENNETTE RHONDA N 12254 SW WEST.. EuRY TERRAICE TIGARD OBE 97223 2S1044BA-- 01400 •e.•.••..ee•e7POe•.+• 00 P3LBER, BRIAN V AND CUNNXNGBAM—P/LMER, R DIANE 13858 SW 13XNDON CT TIGARD OR 97223 23104814- 01600 0.000.000500000000000 ODE ,L, ROBERT Di JR 13892 SW HINDON CT Tic OR 97223 2M.04BA 0150 • e o l�.a 0,0 a -0 o e• 0 0 rrimma, zilvera 14 AND COTT/NG, CitROL rte' 11.3870 RW BANDON' CT TIGARD ( O4BA -01700 o•••,a•uw.e•.0•00 OKAINSON, NENNETH C CARr&A C 13918 =DON CT ezzapiRD ` 25104BA- r01800 ae000.O00.•00e0•4444. DAY ON, GORDON L JR AND DEBORAH K 13923 SW HINDON CT TIGARD ., 2S104DA 02000 HERB Z4ORISSETTE 10400 SW ALLEN BEAVERTON OR 97223 25 .04BAa -01900 ........ • ............ /INIAGA, R®BERT F/CATULERr 13901 SW BIN DON CT • RD OR 97223 0 0 0 0 0 0 000000 0 O O O • G O BUILDERS, INC BLVD OR 97005 • 47iBA.02100 •••0e ••ObA'O•A O •• COMISETT, D!.ATHRYN C 11847 SW HINDON CP, TIGARD OM 97223. 231048A -02200 eeoo••00.000c.e.•.000 DUNN , KEVIN L /CAROL J 12083 SW WILTON AVE TIGARD OR 97223 25104SA -03200 0. STE?N, RICHARD ,A /KENDRA J 12169 SW WESTBUlY TERRACE TIGARD OR 97223 2S1O4BA -03100 0.0..0 0 0 1 o JOHN & MAE R '. 112181 SW WESTBURY TERRACE TIGPM OR 97223 0 .O 0 0 0 o N. 0 0•• 2S104BA-03300 e . . • . e 0 0 BWHITHOLOMEW KEVIN L 12087 SW WESTBURY TERRACE TEGARD OR 97223 2S104AB00100 •000•••0.0.e0000.•em60 SUNAMOTO, ROBERT R & TOO 12030 SW 135TH AVE TIGARD OR 97223 2S104AB -03900 0.00.00000000000000 00 SHEPSMAN, ADAM /GERTRUDE M SHEPSHAN, ESTHER L HARTTMAN, JAMES R 13420 Mil SCOTTS BRIDGE DR TIGARD �y p p�/� OR 97223 2S104AD3 -08400 .0 .....eo a♦.3.••oi WEDGWOU,;) HOMES, INC 13250 SW FALCON USE DR TIGARD OR 97223 a.. g .._ T� .y .04AB- 03€00 • 0 . • 0 . • • nose•• 0. 1MOM4 RICHARD G R CAROL E 13425 SW SCOTTS BRIDGE DR r TIGARD OR 97223 104AB- 04700 BRIEJFRAN DEVELOPMENT, INC PO BOX 6400 5111 SE HAWTHORNE BLVD XIARTLAND OR 97 23 4040044, 2510420-08600 a.. •.•..6.•040..6••e0 SHUITTi, BETTS JO 13439 SW SC OTTSBRIDGE DR 51313SARD OR 97223 25104AB- -08600 ...•.e...i60..6..•4e SEIBOLD, GREGORY W /DEBBXE 13444 SW SWIM'S BRIDGE DR TIGARD OR 91223 • 1044tta` 08 P600 ... u o o. a o it 0 V b i► .4 0 1 • e ENOUKER, TROY ALLEN 4q TAN IA KAY 3 SW SCoTtS BOT.Dat DR leitOrittro OR 97221 OR 97209 S104AC 4 0 0 1 0 0 . . 0 0 0 4 4 4d w Y • . 4000 3 NJF AN DEVELOPMENT, INC ,a BOX 6400 )01 SE HA.WTHORNE BLVD RTLANt) OR 97228 510480° -00200 •was.• •o•..s.a •... JDGWAT1 R, DAVID, It AND RENE S 3995 SW FERN ST IGARD OR 97223 ?S104B0- 00400 ee s•................ I UDL , ROBii` T 7OANV1 F .4065 SW FEN ST TIGARD OR 97223 2 5 10486 -00 6 00 .0.... O 040004,0000000o .SOBuAN, THOMAS D t4115 ,SW FERN OR 97223 2S1O4B0 ®00100 ewe.lo.•.....aea.ea • s PAUL RUSSELL MO ING, man 1' 13985 SW LBW OR 97223 $104R�1q rte/ e -00300 000040040004040000.00 POIBET 3 1D 14065 SW FERN ST FCGARD $1O4Bf -0 0500 LUN, ROBERT 3 14065 SW FERN ST MEW OR 97223 • 2S104BC -- 00800 . . . . . . . . . . . . . .0 ewowe s o * w e BOWMAN, MARVIN S 14235' SW FERN wIGARO OR 97223 2S10420-40700 .. w of 4 . 0 e . w • .. .. . e A MOON S SANG Y 6 � 'Mr DEPT OF VETERAN'S -, TAX SECTION 14125 SW FERN S ''5 Z Dry /�y/ / OR 9722 25104BC- -00900 4.00.4seeeo00000040edd IAM ER„ DM LRNE 14285 SW FERN TIGARO OR 97223 S104BD -00100 4 Jess. 0 00000 JORANSSOP , MARTIN L JOAN 43535 SW WALNUT CIGARS OR 97223 2n10480- -00300 o e 4 d' s 4 C„AGLE, OTXS T RUBY G 13635 SW WALNUT titdhicti OR 97223 45104BD -o0soo ddo40 00id4 sed id s4 id ei NEWMAN, JOHN P SHIRLEY A 12615 SW 136TH CT dARiia OR 97223 2S1048D -00200 .00004410400040406000 RSCN, D BRUCE RITA E 13585 SW WALNUT TI 41 4040 23104BD -00 400 ..... 4.0044 440400064 COOK# HELEN E 13735 SW warttuet tettAtib AR 972'23 . S104ED -00900 w44ses.do4444w 44 44 HANSOMd RUSSELL R MV) G Ring 13540 Stii WALNU C' T10ARB OFD 97223 2S104BD -00800 4004404404:4400,444000 NOAVONi jogil S AND r FATHLEEN 13590 SW WALNUT 1170hkb OR 07223 1(4 HELEN Y: 13135 sW WALNut ST T2GARD OR 97223 a��v+��ypfig� n 2S104ED -01600 aeewo• oao'Maoo ;WILLIAMS: DONNEL W AND 4STEMINNIE S 13865 SW FERN .TIGARD 2S104BD-03700 BECKHAM, ,; '' tiARILYN 12620 SW 1365TV T1wa MCDONALD PARTT\1EBS 10260 SW L.YR,ENBURO RD #400 TIGARD, OR 97223 NAGERY F. KRUEGER RT ;1, SOX 792 BEAVE RTON, OR 97007 JAMES BOYLAN 11344 SW MORNING HILL DR TIGARD, OR 97223 OAK, INC JOE DILLS 1735 LOWS BOONES FERRY RD LAKE OSWE, OR 97035 p. !TY OF R3 PLANNED DEVELOPMENT APPLICATION CITY OF TIGARD, ,13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 - °4171 Sto.,/ (-Ora 113 REGION' 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION and South Of proposed Murray Blvd. pension FOR STAFF USE ONLY CASE NO. OTHER, CASE NO'S: .,.._._11/ �T��°'�i � •�' RECEIPT NO. C-0 APPLICATION ACCEPTED BY DATE: Application elettents submitted: (A) Application form () Owner's signature /written authorization (C) Title .transfer instrument (1) (D) Assessor's map (1) e iA' 'y a'2..1.•-(1 Plot plan (pre -app checklist) F) Applicant's statement (pre-app checkli[,t) (G) List of propert3"jwn rs and addresses within 250 feet (1) 8 TAX MAP. AND TAX LOT NO, Maa 51 411 Tax Lot,. x.01 (Part) SITE SIZE 54..7, Acres PROPERTY OWNER /DEED HOLDErr* Margery F. Krueger et. ADDRESS CITY Beaverton, OR APPLICANT* McDonald Partners Rt. 1, Box 792 ADDRESS OnnQ .. ..W . CITY Portland, OR te' oQ ZIP 97223 *When the owner and the applicant are different people, the applicant must he the purchaser of record or a leases in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to create a Planned Development consisting of Phase 1 - 86 Lots Phase 2 108 Lots Phase 3 - Future Multi- Famil■ i Development (H) Filing fee ( 0t 4 Oo 0 4 DATE DETERMINED TO BE COMPLETE FINAL DECISION DEADLINE: _ COMP. PAN /ZONE DESIGNATION: N.P.O. Number: Cop4eptual Plan Approval Date: 0526P/13P Revd e 3/88 . List any t' variance, conditional uses, or other land use actions tto_ bp considered as part of this applications variances for right-of-way, sidewalks on one side,. . complete application you will need t o submit attachments � Applicants: To have a co mp pp described in the attached information shee.; at ' the time you submit this application. S. THE APPLICMT(S), SHALL CERTIFY THAT: may • The above re west does not violate sr;� ....deed restrictions that y 3e �t~tached to or �epesed u�on�the su�a�ero ert.ym t$ • if the •applicati6n is granted, the applicant will exercise .the rights granted in acaccordance with the terms and subject .... o all the conditions and limitations of the approval. Cr All of the above ,statements and the statements in the plot plan) attachments, and exhibits transmitted :herewith, are true, and, the applicants . so .acknowledge that any permit issued, based in this • application, may be revoked if it is found that any such statement are falsem • The applicant has read: the entire contents of i the . application, including the policies and criteria, and understands the requirements for, approving or denying the application. SIGNATURES of each owner deg husband and wife) of the subject property, (14St: pm /Q737 ') 2S10480w00200 o.o. •.o KLICIKITAT VALLEY, BANK PO BOX 167 GOLDESALE WA 98620 28104B0-0020 CHABAD A' L VITCH OF OREGON 14355 SW SCHOLLS FERRY . RD BEAVERTON OR 97007 28104B0 -00202 a a.. ..• •e .•e• CHABAD LUBAVITCH OF OREGON 14355 SW SCHOLLS FERRY RD BEAVERTON OR 97007 181330C —J00400 ....:.m. ...•e: MOOS, LESA M ESTATE % HOPPER, SIN I3 MARILYN D RT 1 BOX 390 BEAVEF?J 0N OR 97005 1S1330D- »08600 ooe•sre•oeo•• •s.... WELTY, PAUL G its KRISTINE M 13909 SW CRIST CT TIGARD OR 97223 18133C0 -00300 a•• .eo .•. ::•oo. CLARK, GEORGE V MARGUERITE A 381 OUTMAN' DR EUGENE OR 97402 18113CD- 002.00 ............ KRUEGER, MARGERY F ET AL RT 1 BOX 792 BEAVERTON ....000e. 1S133CD -08700 .•aa .•o e..... . .. MILLER, MATTHEW H AND ILENE R 13887 SW CRIST CT TIGARD OR 97223 18133 D -08800 .......4......••• o PERRY, RICHARD a ai L/SA IBS 13865 SW CRIST CT TIGARD OR 97223 1$133CD- -09000 .e•....md...:o•W BOURBON, GARY T/DEBRA J 11747 SW MORNING BILL DR TIGARD OR 97223 2S104BA -00200 4:6146:4:4.0.o•o ASZMAN, PRASE, E JANIS E % PETERSCHMID ', STEPHEN J FRIDAY, VICKI DIANE 12130 SW 135TH TIGARD OR 97.223 P 2S1,09BA- 00800 0000:eeo.Meo.6•oeeowr GEONETTA, PATRICK AND SPINUZxI, JULIE 12112 SW WESTBURY TIGARD OR 97223 281048A -01000 0..:.0••0..8:.a.eee6s MCGraini JAMES R PO BOX 25571 PORTLAND OR 97225 18133CD -08900 fl00000000po ..oe o•:.e THOMAS, JERRY M BnligitRA Z 12027 SW WILTON AVE TIGARD OR 97223 281048A -00100 0O00.0.44...""i'*.,600. 6 A'" T R WEST CORPORATION HELDTOND, RUTH D EY GUARDIAN DIAL MGM' 4380 SW MACADAM SUITE 380 PORTLAND �y OR 97201 281048A-00700 0.000000.0: . 0 :. • COON, MARE ANN R 12098 SGT WESTBURY TERRACE TIGARD OR 97223 064,460 2�85104BA -00900 .,�• a M • .•.. :aee.:a.. CGE ;L, JAS R PO BOX 25571 PORTLAND 030 97225 28104BA 01100 eooseoeee:•m ::..am•.. 0t0EHEE, JAS Y PO SOX 25571 PORTLAND OR 97225 2$ p .0_ np�10pg4�p��4'e�°"��y0�,g1�2 � 40'�p om�eye go}� b . o e . e e e. m e e ii �b �+ . U PISCITELLI, VITO 3'9 12212 SW WESTBURY TIGARD OR 97223 2810981 41300 04.0• ♦.0000.0.00.0. BENNETT, RHONDA k' 12254 SW tnigatgUAlt TEA'RAICE TIGARD OA 911223 • 2S104BA -01400 PI]: R, BRIAN V ` AND CUNNINGHAM-PIER, R DIANE 13858 $W HINDON CT TIGARD OR 97223 2S104DA -01600 . ................. ODELL, ROBERT M 13892 SW HINDON CT TIGARD OR 97223 2S1048A -01800 ... ................. DAM ON, GORDON L JRR AND DEBORAH xs 13923 SW HINDON CT TIGARD OR 97223 2S104BA -02000 ... .. . HERB MORISSETTE BUILDERS, INC 10400 SW ALLEN BLVD BEAVERTON OR 97005 281048A —.02200 smss•we ....... DUNN, KEVIN L /CAROL J 12083 SW WILTON AVE TIGARD OR 97223 25104BA- -03200 . ............ .s STEM, RICHARD A /NDRA J 12169 SW WESTBURY TERRACE TIGARD OR 97223 2S104BA'0150 .�� .m......emsobbese -m' PATER', XMIR M AND CUTTING ,x CAROL L 13870 SW HINDON CT OR 97223 2S104BA -01700 a .... s JOHNSON, KENNETH 0 & CARLA 0 13918 BINDON CT TIGARD OR 97223 25104BA -01900 ..................... DRAGA, ROBERT P/CATHLEEN �<r 13901 SW HINDON CT TIGARD OR 97223 2S1048A* 02.100 ....e............a..0 DORSET, KATHRYN O` 13041 SW BINDON CT TIGARD 06.97223 2S104BA -03100 ..........e HONG, JOHN & MAE R 12181 SW WESTBURY TERRACE TIGARD D OR 97223 s o .... s 4.164,e0 4.164,e0 .o 2S1a4I3A.- a33aa ... . BARTHOLOMEW, KEVIN L 12087 SW WESTBURY TERRACE TIGARD OR 97223 2S104AB -00100 .sews SUVA 40T°, ROBERT Hi & TOMO 12030 SW 135TH AVE TIGARD OR 97223 2S104A8 -03900 ............... di..o.s SBEPSMAN, AD ! /GERTRUDE M SHEPSMAN, ESTHER L HARTMAI JAMES A 13420 SW SCOTTS BRIDGin DR TIGARD Ok 97223 28104AB -08400 bas•.•.s.d•b.••dq•bdd WEDGWOOD HOMES, INC 13260 SW FALCON RISE OR 97223 TIGARD ••••••61046 28104q A8 -03800 000....s•.e00000•0e0s YORK, RICHARD G & CAROL E 13425 SW SCOTTS BRIDGE DR TIGARD OR 97223 2S104AB -047 60 eiociosoidoiesoi. .d••odsb BENJFRAN DEVELOPMENT, INC PCB BOK 8400 501 SE HAWTHORNE BLVD PORTLAND OR 97228 28104A13- -08500 b•.••..•...b•, -•b ®s SMITH,, BETTY jO 13439 80 SGOTTSBRIDGE DR TIGARD OR 01223 ® SEYBOLD, GREGORY. d.• W /DEABI 13444 SW SCOTTB BRIDGE DA TIGARD OR 97223 2S104a'�B 08700 ss.ds.mse•mspeb•d.mil. d d .. • PALMER, TROY ALLEN & TAN1A XAY 13436 SW SCOTTS RIDGE DR TIGARD OR 9782 • 28104AB -08800 ••i••. bbe • PI ELLIOTT, ROBERT L 1723 NW GLXSAN PORTLAND 28104AB p e.e0 0.00 Obb•e•0bs OR 97209 28104A0- 00100 •...e .r• ,.e • BENJFRAN DEVELOPMENT, INC PO BOX 6400 501 SE HAWTHORNE BLVD PORTLAND OR 97228 2S104BC -00200 •ee.•bb•ee........... BRIDGWATER, DAVID R AND LORENE 8 13995 SW FERN ST TIGARD On 97223 2810480 -00400 eepe.00•e e•......epe• LUDLUM, ROBERT S JOANN 14065 SW FERN ST T.GARD OR 97223 28104B0 -00600 ..e..eeee.ee.•e..e.eb BBOHAN I THOMAS D 14115 5N FERN TI01 OR 97223 2S104BC -0 800 eeeeeee.e eebb BOWMAN, MARVIN S 14235 SW FERN TIGARD OR 97223 28]0481.40100 . b. e b= r e e o e. e d e a e o ,, a e JOHANSSON, MARTIN? L JOAN 13535 SW WALNUT TIGARD OR 97223 28104883 -00300 .bdeab.b rbobeosb. as CAGLE OTIS T RUBY G 13635 SW WALNUT TIGARD OR 97223 251048 D -00500 NB WMAN, TO rT P SHIRLEY A 12615 SW 136TH CT TIGmm on 97223 28104BC- 00100 0 ie•e0 •00 o eo.o p.e HOPFMAN, PAUL RUSSELL AND APLING, ALYNNE M 13985 SW E'ER TIGARD 281048C40300 00.0000 P••ebs be OO••.• LUDLUM, ROBERT AND JOANN F 14065 SW FERN ST TIGARD OR 97223 28104HC -00500 e O P .► �� • 1J p • P Oe . A ..... O • LUDLUM, ROBERT S 14065 SW FERN ST TIGARD OR 91'223 26.7104BC- 00700 e......•..ee•ebee.e.b CHO, MOON S !SANG Y BY DEPT OF VETERAN ° S AFFAIRS VAX SECTION 14125 SW MOM ST TIGARD /� �prq OR 97223 2S1O4BC- 00.00 •sbeo•b0eeee4/00e0•0•0 LURER, DAM ENE 8E 14285 SW FERN TIGARD OR 97223 28:0480 -00900 ...•..esedeb.. HANSON, RUSSELL R AND G RUTH 13540 SW WALNUT TIGARD 28104BD -00200 JAMIESON, D BRUCE RITA F 13585 SW WALNUT TIGARD OR 97223 28104BD- 000400 e• o • ... „. b o e • COOK, HELEN E 13735 SW WALNUT TIGARD OR 97223 2S10413D-00800 db ee•.beao.bbYi•beeu NORTON, JOHN S ANIti KATHLEEN A 13590 SW' WALNUT TIGARD OR 97223 20104Bb -J1500 bep.b a.e . • oe d, 1 , HELEN E 13735 SW .WALNUT ST TIGARD' OR 97223 2 S 104SD -01600 .... . ,o � . • � o . a � WtUX S DONNEL N AND STEPHANIE 13865 SW VET TIGARD OR 97223 2S104BD°O03 R M . ' o . e 4 s • • e: • • o ,U: • w al U a d • $EC°KIM GA i. MARILYN 12620 SW 135TH TIGARD OR 97223 1, o i , ��►�, .16 0 4.1.647P0 ,; rrefoot I do eopetod, r700,0 es0001, 3 °cool # et?) 0 3 84 $ 60410 $ 1.1 K March 14, 1990 mid 4 tIi REQUEST FOR COMMENTS FROM: Tigard Planning Division RE: 5UD90 -004 1c RUEGER /MCDO ALA ZONE CHANGE ZON 90-0008 SUED/VISION 90-0004 PLANNED DEVELOPMENT PDR 90-0004 VARIANCE VAR 90-0008 NELSON /PAULSEN NPO #1 A request for a pproval to 1) a zone change to allow application of the planned development - f into 194 lots in two phases, 3) p a lannedpdevelopmentsoverlay�to allow phased development, and 4) variances to allow: a) a 34 foot right-of-way where 50 feet i® normally side garage y ~el y required, o) re�ired.p b) 17 foot. setback where 20 feet �.� norr.�all d to occupy 5.2.5h® sidewalks on one�multi�dfa¢nill development foot entlocal prs�poeestreets included in '� acre. of development. A y the site may be submitted in the future. ZONE: R -12 (Residential, 12 Ferry Road and SW 135th Avenue, units/acre) LOCA f ?Old a Between Scholia �'�ar south of the Cotswold subdivision (WCTM 281 4E, tax lot 101) 1 Attached is the site plan and applicants etatemant for your review. From information supplied by various departments and clesao,ss and from other information available to our staff,., a report and recommendation will be prepared and a decision will be rendered on the proposal in the .bar future. If �' you wish to comment on this application:, we deed your comments bi 03/26/90. You may use the space provided below ar attach at separate letter to return P p your comments. If you are unable to respond by above date, please phone the staff contact noted below with your comments and confirm your comments in writing as Soon aS possible. If you have any questions regarding this matter, g g p h 13125 SW Ball Blvd., contact the ��. and Planning Baia artmea�t PO Box 23397, 1 Tigard, OR 97223. PHONE* 639-4171. STAFI? CONTACT: PLEASE CHECK THE 'OLLOW /NG THAT APPLY: We have reviewed the proposal and have no objections to BC lid Please contact ..,._ of our office. Please refer to the enclosed letter. CO Comments: Name of person commenting: Telephone ni umber: • 111 !Q TIO LIST FOR ALL APIsic3�'] Tot 114P0 NO (2 copies) CPO Was ..,.o 2: CITY DEP BENTS gg 444% 0D, �,� Guilding Inspector/Brad R. 6000111, Al ity Recorder gkifrtilaPw Engineering /Gary. A. tow— 3 3 • SPECIAL DISTRICTS Fire District ick_u�p box bldg.) Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 6 501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Transp. 150 N. First Ave. Hillob .ro, OR 97124 Brent Curtis Ravin Martin Joann Rice Scott King Fred Eberle "'° Nike Eorreson - Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 ___/('State Highway Division Lee Gunderson PO Box 565 Beaverton, OR 97075 SPECIAL AGENCIES General Telephone Mike Lutz 12460 SW Main St. Baverton, OR 97007 Parke a Recreation Board Police Other school Dist. No. 48 (Beavr) Joy Pahl PO Box 200 Be verton, OR 97075 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, OR 97223 Boundary Commission 320 SW Stark Room 530 Hillsboro, OR 97124 METRO 2000 SW 1st Ave. Portland, OR 97201 - -5.398 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310 -0590 Other Portland General Blectric Br *ian Moore 14655 SW Old sdholl® Ferry Beaverton, Oit 97007 metro Area Co imunications Harlan Cock Twin Oaks Technology Center 1815 NW 169th Place S- 4020 Beaverton OR 97006.4886 NW Natural Gee Ronald D • Polvi, PB, PLS 220 NW Second Ave. Portland, OR 97209 US W West Pete Deleon 421 SW Oak St' Portland, OR 97204 TCI Cad levieicn of Oregon, Inc. 3500 SW Bond Portland, OR 97201 jke Halloek CITY CJP T L GARD RECE I 'Na;' C1-150e, AMOUNT t i'' RP li" t "C X ON C.'40,4 al10uINDT1' »Etna tt 260 SW GPEENELR PAYMENT' DATE T X GARD I 72 ,,ELo I : NO/11)PP 107784 11 3. 52 a pro M+44't MN wN �M4ww wf• n4M�}� —080 ■14.. h�YAw1:0 I- 4 N^�t4 :+N4WkLwO.Wfi...:.4x4." T..Ct3A D F;qi EIPT ' r PAYM N 174:E6% NJt C CHECK * MQ. CJW p i',AS l AMOUNT P {WAYM NT DAT5.• SLOCV NOIADbR: AMOUNT PAID LAND USE t PPL t CAT •k G'Itsis sup( 50-04 PD '0-00 C 90-04 TOTAL AMOUNT PAZ \, 4 _t t-h ttit rtth1tEt.r,IttU GO L6 210 abreuxeca memo bin EELT 41`a 116011 ' ITI "°- e o a • • s o e: e a s° i s e: s a 00880 - OTSE June 22, 1994 Carol tvtastrofini 14237 SW Winsdsong Court Tigard, OR 97223 Dear Ms. Mastrofi n i This letter is in response to your request for confirmation regarding a Site Development Review application for an apartment cornple� , located at the intersection of SW Walnut Street and SW Scholls Ferry Road. As of this date, the City of Tigard has not received a formal Site Development ,,� ty g Review app;ication for apartments at the subject property. As I informed you this morning, that property did receive approval of a planned development concept plan ( §0,3B '904 4/ PDR 90- 0004/ ZON 90-0004) Whic'; included muiti -fermi ly developmentb if Y ou have any further questions please feel free to call me. 4r Sincerely, t � n /e Will D'Andrea Assistant Planner :it • WASHINGTON COUNTY, OREGON January 28, 1994 RELEASE OF MAINTENANCE ASSURANCE Developers Insurance Company P.O. Box 1414 Beaverton, OR 97075 -1414 A` "N:'Todd Brern Re: Castle Iii!! Project Na 91936 Bond No 1314225 SW Scholl Fry Rd /Walnut /135th City of Tigard entered by The agreement and assurance, dated March �1 15, 1993, d� g � �� for Matrix Development Corp. as developer, and Washington Count/ for the maintenance period guaranteeing construction of road improvements required as a condition of approval for the above referenced development can now be terminate:). An inspection was made b this department p y on January 21, 1994 and the streets were found to be satisfactory at this time. ' If you have any questions, call Tracy Stone or Carolyn Cook of this department. • Grillo L d Development Services, Manager c+ Matrix Development Corp, Mary Henderson, 7160 SW Hazelfern Road itki00, Tigard, OR 97224 9198:rmtA Deriarteriont of Land' Use and Transportation` Land Qeveiopment service Division 't350 -1 155 Notii First Avariiie Hiilsboro, Oregon 07124 Phone: 50/648 -8761 FAX 1 .4503%593 -4412 STAFF REPORT TO THE PLANNING 0MM SSION May 8, 1990 7 :30 10 tgard City Hall Town Hall 13125 SW Hall Blvd. Tigard, OR 97223 FACTS General Irn ern, t ubdivieion SUB 9© -0 SON 90 -0004, Planned CASE: 00� d Zone Change � j Tleve].op ent Review PD 90-0004, Variance V 90-,0008, REQUEST s 1. Zone change to add the PL ( Planned Development) overlay zone to the area of tax lot 101 shown on City Of Tigard maps As being of the proposed Hurray located ec�utia Boulevard exteneiond 2. SubdivitIL - eliminary plat review of a two pLi. ee, 194 lot. residential enbdivi®ion with one additional are Parcel designated fog future multi - family _ ;.:: elopment In addition, tie propnoEied ,� ! 1 V three division would result ' in the cr - ai�:oa� a ?�' . additional patoelS on the north side of the. Mursay Soul - vard extsniion - o se approximately ► : e acre undeveloped parcel l currently to ted C-,1 and two ema7 l _. t p alnut St�eeta ion of 135th A�aenue�an�l aWr[� l® at the 3.ntereect R -25 zoned• r Sw 3 Planned Development conceptual plan review Of the proposed subdiv ie ion 4. Variances to c wmunit�,° Developr�lent dodo etandarde to allow: a) A 37 i:oot wide local street right of -way for the proposed Baker Dry: ive, BOLItet Court and Hood Drive hereas local streets are normally required to have y t wide right -of b 28 foot roadway ® for t lees etx�et� �ereae 34 foot Wide CJ • y normally , wa � e are anormaJ.i. re fired; �= ) eide�al'ke on one ide of all 28 foot wide local etreete; dD to slow toad ways exceed they nazi idu .. normally allowed lot depth to width ratio and a to e.l�.ow ®ix p atio oi: got o L= p foot tall few ee to be located within the required p . `.. ,10t0-,204/' n front yard eet.baclk areas of pro Deed oleeu�t38a 33, 36 c 31, 38, 41, and 42 at a distance n ha' 10 feet from, the front property line. - HH/ �. '.. S%CAP`T�" REPORT K:�LIEG �2CACD1'iAL�I 8�d�b 9l7 0d30A4 %��io 9'D-- ��"�i4 %P�1H 112 =080 `JAR 90.0008 APPLICANT: McDonald Partners (Sylvia Clark) 10?60 SW Greenburg Rd. # 400 Tigard, OP 97223 REPRESENTATIVE`: OTAK Inc. (Joe Dille) 17355 Roones Ferry Rd. Lake Oswego, OR 97035 OWNER: Margery Krueger, et. al. Route 1 Box 792 Beaverton, OR 97007 LOCATION: Between Scholia Ferry Cotswald Subdivision. COMPREHENSIVE PLAN DESIGNATION. Road and SW 135th Avenue, south of the (WCTM 251 486, tax lot 101) Medium 'Density Residential ( approximately 28.9 acres) Medium Htiqh Denei\ y Residential (approximately 21.6 acres) Neighborhood Commercial (approximately 5.0 acres) ZONING DESIGNATION: R-12 (Residential, 12 unia per acre) approximately 28.9 acres R-25 (Residential, 25 units per acre) approximately 21.6 acres C-N (Neighborhood Commercial) approximately 5.0 acres 2. Bails x 4 Iilformation The area that includes thesis properties was annexed to the City on June 12, 1983. In August, 1983, the City approved a, variety of plan and zone designations for the area including yediu� -High h DenSity R ®eidental (t -20g now R-25), Medium Density ReSid e tial ( R-12 ) and Neighborhood Commercial (C -N) In February, 1984, the City approved the relocation of the C-N area from the west side of 135th Avenue to the northwest corner of the proposed intersection of the Murray Road exrt-enaion and 135th Avenue (CPA .L8- -83 /AC 14 »83)0 In 1985, a shift in the Iodation of the C-N designation to the future Murray Road/Scholie Ferry Road intersiection was proposed (CPA 4. -8512C 4- 85). Because the request was determiaed to be premature due to unanswered questions related to the Murray Road extensii.on, the four acre C4' g , pp at the original location on the west Bide of deer.. nation was reapplied 9 .. .t of hurray rtoae�l 135th Avenue. propose ined tie app1icaut woulddlehaentitled�toal ro ose another Murray was determ v PPS Read location for the C -N zone. pp�� icant r^��: *Cbaed s hif g._ designation to a acre �.ele5atttheanortheastpco.ner of the intersection of Sch, Petty x in tin the C: -N parcel proposed l ux r y tension, The City Council 'approved the e� Y applicant's proposalrand included a�des�laration �ha. the configuration of .: .. STAIE REPORT �, KRJECEF/MCDON ALD �S U- B 90-0004/ZONE ZONE 90 VAR 90-0008 0004 /DR 90 -0004 • the five acres designated C-N could be modified to conform with the final alignment of Murray Boulevard. Ii 1987, a Plan Amendment from Neighborhood Commercial to Medium High Density Reeidential and a zone change from C-N to R-25 for the 5.0 acres located at the northeast corner of the intersection of SW Scholia Ferry Road and proposed Murray Boulevard extension and a companion Plan Amendment/zone change from Medium-High Density Residential/R-25 and Medium Density Residential/R-12 to General Commercial/C-G for 15 acres at the southeast comer of the same intersection was propoeed. That proposal was denied by the City Council. A 170 unit apartment complex was proposed in 1986 on the eastern 11.4 acre of the subject property (SD A 4-86), but the application was withdrawn prior to a decision being made. In April, 1987, an 85 lot subdivision Of the eastern 22.4 Acres of the subject parcel was approv d by the Planning Ccmmis.:Ion. Also approved was a.variance to allow a 444 foot long cul-de-sac whereas a 400 foot maximum cul-de-sac length is .permitted by the Community Development Code (S 87-04, V 87-04). That subdivision was never recosded. Later in 1987, another subdiviaion proposal for the eastern portion of the parcel was brought before the City's Hearings Officer. That proposal was to divide the 24.75 acre southeastern portion of the larger parcel into 128 lots ranging in size between 5,358 and 7,300 square feet. That proposal was approved by the Hearings Officer but also was never recorded. t.• 3. Vicinit Information Greenfield Village Apartments and the Cotswald Subdivisions, both zoned R-25 (Residential 25 units per acre), are located to the north. Vecant land zoned R-25 lies on the east side of SW 135th Avenue., This property to the east has previously received preliminary subdivision plat/conceptual planned development review approval for division into ingle family lots as part of the Morning Hill Subdivision. That preliminary plat has yet to be recorded. The property to the west of the subject site is in Beaverton and is presently designated for high density redidential development. The area immediately south consists of smaller acreage home sites that are mostly developed, are within isnincorporated Washington County, and are designated for single-family residential development (5,000 square foot minimum lot Size). The proposed Murray Boulevard extension which is designated as a collector otreet will form the northern boundary of the proposed subdivision and will separate this development from the undeveloped Neighborhood Commercial site and the two remnant parcels that are also a part of the parent subject parcel. A collector street deSignation also applies to SW 135th Avenue which abuts the Sites0 eastern Property boundary. Scholle Ferry Road forme the site' s western property boundary. Scholia Ferry Road is a State Highway and is designated as an arterial street. STAPP REPOBT KRUBGEA/MCDONALD - SUB 90 -0004/zoNE 90 -0004/PDR 90-0004 VAR 90-0008 PAdE 3 4. Site Information and Pro oral Deecrip t�i.on � northern This site has been cultivated with cover gr. The proposed subdiviaiof site is an undeveloped hillside on the northeea elope of Bull Mountain. The highest point on the property io approximately 318 feet. The lowest point is approximately 234 feet. The property slopes to the north with an average elope of approximately 10 percent,, A drainage Swale rune through the approximate center of the site. Several poplar trees are located within that drainage., The southwestern portion of this site has a few conifers. The applicants propose to develop a three phase, combination single-farnUy/ multi -- family development from tax lot 101 as illustrated on Exhibit 1. In order to ,accomplish this subdivision as proposed, the applicants have requested a number of land use and development approvals described belows 1) In order to allow a transfer of density to the western portion of the property, ' pp requested portion of the �h� applicants have �.e nested that the parcel south of the Murray Boulevard extension alignment be designated with the Planned Development overlay zone through a Zone Change. 2) The applicants request Planned Development conceptual plan � approval of the proposed mixed use development. The applicants re o request that the total number o f dwelling unite permitted on the development site by the underlying zones be divided between the single family lots to be created at present and the future multi-family development. The applicants request reservation of development opportunity for a maximum of 300 dwelling units on the multi - family mite. 3) Subdivision preliminary plat review of the two phase, 194 lot single- family residential eubdiMrieion; and 4) Variances to Community Development Code standards: a) To allow a reduction in required public local street right-of-way width to 3/ feet for SW Baker Drive:, SW Baker Court, and most of SW Hood Drive whereas the Code requires a minimum local street right -of -way width of ect raetfortthese s SCI. feet; b) 28 foot wide pavement '" for streets whereas the Code requires foot wide e i ) To to allow luc o... sidewalks on one side of all 328 foot wide local included allow al streets inclzu in the development; d) to allow proposed lots to lightly exceed the code's maximum tot depth-to-width ratio of 2.5 to 1; and e) to allow to within the 34requi d front yard set foot areas fofcproposed late 250260 30 33, d 370 3S, 41, and 42 . setback are p P � � at a distance ho lee than 10 >•.��et from the front property line. The rapplicants have u. aa pa or Manned Rpvelopment Variance document that outilues the reasons for the request, the project's design phasing and design objedtives, and provides' a narrative which addresses Community Development ' approval '� complete p Gods a sriov8�. criter3.e, for the requested applications The 11..EZ set , should be reviewed for a comp des ription of the propveal STAFF REPORT - KRi1FORR,/MCDO ALD �owo�o� /�o� 9 ��s a am04100R 0o • - ®OO4 V A 90 -0008 ♦ • l ,.. Vic_? t. ��._' .. �.. _, - �k i - \ ♦ r i s. - s - • _ _ .. }� _•y- . _ z. - } . _ , t-' _ e ( • �_ rt = j _ ` 4 j Lp LIBiI STRIA .. R > \ - +t_L,°. r \' '\ - _ - v _ - - ` .a a f • „ 5 Ae .122Y a,rid FPO Comments The Engineering Division has reviewed the proposal and offers the following comments: a. Access to the site is proposed via an extension • � of Walnut Street (also known `aa the Murray Boulevard extension) , west front 135th Avenu r to Schotle Peery Road. Two public street accesses are shown to connect to Murray Boulevard, one across from Wilton Avenue and the second approximately 500 feet east Of Scho1le Parry Road. The accesses are spaced, approximately 900 feet apart and are acceptable. In response to City staff recommendations, future accesses to the south are proposed to provide for potential future connection from the 'ern Street area, approximately 900 feet and 2200 feet west of 135th Avenue. The access locations are proposed to be centered on lot lines of larger parcels which have potential for future partitioning. The locations shown are acceptable b. The alignment of Murray Blvd. is defined in the Urban Planning Area Agreement (UPAA) between the City and Washington County adopted in, November, 1988. The UPAA wadi established to enable the Comprehensive Plane of Tigard, Beaverton, Washington County, and the State to be consistent as required by Statewide Planning Goal # 2. Murray► Bouulevard is designated as a collector street with 2 travel lanes, �. doeign speed of 35 mph, a minimum 40 foot pavement width, bike lanes, limited access, within a 60 foot right-of-way. The TPA provides for additional lanes at the Scholia Ferry intersection and turn lanes at major intersections. The intersection of 135th Avenue e north to be .a "T" intersection, with Murray Boulevard as th g co The impacts of potential traffic from this elite were considered as part of the Northeast Bull Mountain Transportation Study Report issued in January, 1990. The site is proposed to be developed to a density of approximately one half of the allowable density which was used in the study. This study aaeumed that Murray Boulevard, as defined in the UPAA, would be constructed ald part of the collector street ®y stet . The study ins udee a traffic analysis which concludes that additional • _ _ � lanes may be needed on Portions of "MUrray� Bou levard when the Bull Mountain area is fully developed. The reduced density" proposed will net': affect the traffic analysis conclusions. The Study Report recommends that right-of-way be reserved to provide for fu' ure construction of these additional ads itional lanes if and when they, become necessary. Based on a rev.►.ew of the traffic analysie, the proposed development, and the px'ovisions of the UPAA, Io " recommend b Murray evard, where it abuts the propos d de pm ant , constructed as follows: G47WMCDONATd7i - StB 9+D- �B0a4/zoNP 9�0- �fPO�iP�►B. '����i�lq •VAR •9O 0000' A.'. PAGE' 6 A. A two -lane street with a minimum width of 40 feet 'within a foot right of way. B. A 44 foot wider street with a minimum 100 foot long center turn lane at all i teraeotiona. C. Additional right-of-way be dedicated to 45 feet from centerline to provide for the construction of future additional /enes as follows: a. On both sides 'of Murray Boulevard between Schall3 Ferry Road and the first street of the subdivision, to provide for future additional lanes at the Soholls Ferry Pad intersection. b. On the we t side of 135th Avenue, 100 feet from the sleuth boundary of the subject site to provide for a future ;eight- turn lane. co On the north side of Murray Boulevard 100 feet frKem ehe new intersection of 135th Avenue to the existing right -of" -way of 1.'5th Avenue, to provide for a future right -turn lane. D. Transitions in right --of -way width should have a taper rate of 15:1 for widening and 3e:1 for restricting widths. d. The new alignment of Murray Boulevard should e improved center otendards shown above to provide two through traffic lanes, a ttrn lane where necessary, bike lanes, curbs, and six foot wide sidewalk on both sides. A minemem of half street improvements should be constructed where the subdivision abuts the existing right-of-way of 135th Avenue. The improvements should provide for 2 lanes of traffic. e. 135th Avenue should be extended from the 135th Avenue LID i p>rovemanta to Mm ray Boulevard as a 40 foot wide roadway with curbs and five foot wide sidewalks pe fe Scholls Ferry Road is a State Highway and is e ly a two lane y gravel t paved roadway with rave. should ®re and ditched. rr'�he State Highway. Division hag commented that the intersection shoull be evaluated to determine the interim improvements needed to handle the existing traffic at the Murray Boulevard intersection. Future improvements would be im osed as conditions of development approval for the F p commercial site and the multi faituily site Right - of-way should be dedicated to 45 feet from centerline. The proposed d- evelo pm. ast plans show the loo p street; Northview Loop, between the two accesses to Murray Boulevard to be improved to full local street stand The streets the proposed single family . development are propodedThtoatbeeta wvariation to the local street P standard as 28 foot wide paved streets with curbs and a sidewalk on STIFF REPORT -- ketedee/Mdbb ALD SUS 9 1.001 4 /zoi 90e0004/PAR 00e0d04 VAR 50-0008 Piet 6 one side within .a 37 foot wide right -of -way. In the eastern portion of the single family subdivision (area two), 20 foot wide paved alleys within 30 foot rights -of -way are proposed between each street The planned development overlay requested allows for narrower street qu j The eastern portion of the site widths with. adequate uetificatione is on a hillside with varying degrees of stoepness. The applicanto�' report indicates that the reduced width and one side sidewalk will limit the amount of earthwrrk and help preserve the views to the north and .east. The alleyways have been proposed in the site pian to provide additional access to each site As proposed, most lots in the eastern portion of the single family division will have access to an alleyway and the public street. The staff has no objection to the reduced street and right -of -way widths and sidewalks on one side for the .*astern portion of the site, area two. The proposed alleyways tend to offset the saed for sidewalks on both sides of the street. A major portion of the central area located within the loop road (area one) does not have steep grade throughout. Alleyways are not proposed in this area Therefore, we find no justification for vari = nces to street improvement standards. h. The site drains toward the north to Hurray Boulevard. A drainage Beale exists running to the north and is proposed to be left in a natural state by the applicant within a 5® foot wide public easement. Maintenance of this drainageway should be part of the CCTV a for the g p g p adjoining lots to prevent filling or dumping of refuee 3.nto the nYrS�syes. u® Street crossinge of this drainageway should be designed for the ultimate development of prc!pe tieE upstream. Improvements s should be coordinated with a new sorm drainage line planned for 135th Avenue south of Walnut Street. Backiot drainage should be provided for the lots which drain away from the street. Drainage for the future development of the area to the south shOuid be considered. Adequate sanitary sewer service` is provided from the existieg system in }lindon Street and from the •runCline in Scholia Ferry Road service to the south should also be considered. j Staff has no objection to the variance requested to allow 6 foot fences to be constructed within 10 feet of the front of 10 lots provided sight distance is not obscured for vehicles exiting private driveways or exiting onto Northview Loops STAPP' REPORT - J .RUigOER/ CDONALD - SUB go -o0o4 jz41NE 90 -0004/ PDR 90 -0004 VAR 90-0005 Washington County's Department of Land Use and Transportation has reviewed the proposal aid has no objections to it The County' a comments noted that thiai property falls within the area of the proposed Murray Boulevard connection and the proposal appears to address that facility adequately. Washington County wants to insure that the policies and standards set forth in the Urban Planning Area Agreement are met The alignment shown iit the application for SW Walnut Street appears to match that shown in the Urban Planning Area Agreement. pa iaion) has ravi�ewed the proposal and has requested that two inch schedule Metropolitan Area Communication Commission (cable talev the � � le 40 PCV piping be installod at all road crossings. 9 Highway Y the proposal has noted no objection. The Highway Division ha . requested that the applicant The Oregon State iii hwa Division has reviewed the ro sal an contact them to show access for the future multi- family development area to Northview Loop. The Highway Division has also noted that there is a need to proceed with design criteria and permits for the Murray Boulevard extension. The Building Division has reviewed the proposal and has objected to the open drainage swale being divided into individual building lot areas without public access. The inclusion of the swale area within lots may result in difficulties for the City in keeping the swale clear of dirt, debris, and fill material during the construction of homes and thereafter when homeowners may use this area as a debris dumping area Public ownership or common ownership by the neighborhood may reduce the ?iklihood of these problems The Washington County Consolidated Fire and Rescue District has reviewed the proposal and has commented that hydrant locations should be coord,Nnated with the Tigard Water District and the Fire District. The District has no problem with the proposed circulation system but notes that both sides of the proposed alleys as well as one side of any decreased, width public streets should be posted for no parking. In addition, the District requests that homes not be given addresses on the proposed alleys. The Beaverton School District has reviewed the proposal and has commented that an additional 100 school age student are anticipated to result from development of the proposed single - family lots. The number of additional atudenLs resulting from the proposed subdivision could be housed at the intermediate and high school levels. At the elementary ntl District roweve however, Seftto Mountain School is nearing capacity. The Sch y appointed a citizens committee to study long range facility needs. This committee hasp recommended a bond issue for the construction of new facilities. The School District ... ill be able to accommodate additional enrollment generated by new developments if the District can acquire needed school sites and pass a bond measure in June of 1990. Beaverton School pp ; Districts comments are included in A endue A of this report., The city of Beaverton, Tigard Water Distrtht, PGE, and GTE have that proposal and have offered no comments or objections. a ..... - - ... . " 4 /PDR 90 -0004 STAFF REPORT RRLtDGEht /P�YCDONALD SUB 90-0004/ZONE 90� -AA9 VAR 90-0008 reviewed No other comments have been received. FINDINGS AND CONCLUSIONS Community The applicable a are Tigard g1C3mpr$�en��eAl Plan policies livable crita�ria in this case 2.1.1, 7.1.2, 7 1 7.4.4, 8.1.1, and r Development . • , Code Chapters 18.54, 18.56, 18.610 r 1.8.80, 18.92, 18.114, 18.130, 18.150, 18.160, and 18.164. The Planning staff concludes that the proposal will comply with the applicable Plan policies and Code criteria based upon the findings noted below. • Policy satisfied because City 2.1.1 is st�ti ty of Tigard t organization #7 and Washington Count y Community 48 were provided with a copy of the proposal opportunity to comment prior to issuance of this neighboring property owners were given notice on the subdivision proposal advising them of comment on the proposal. 4 can be Satisfied because ' extension o ©lisower, ow•l water, •Viand storm • drainage facilities to serve the of development will be required prior to approval of the final plat. The be provided applicants have indicated that these facilities will within the proposed subdivision in conformance with City standards. _ .. , by staff plat Detailed public improvement plans will need ®ollatiora�ancdefina sapaft and service providing agencies prior to in.. recording. Se providing agencies have issued no objections to the Service providin preliminary public improvement plans except for the Building regarding held common drainageway t� Divi� -ion's comments than as inclusion n privately h® open area or within individual lots rather public open space area It has been the Planning Commission's practice with recent stabdivision re p g y being o used reviews to acce t drains ewe s bean inc ring e$icattionou f the in individual building lots rather than requiring gh the drainageway unless it is also needed for park purpos . Building Division raises important concerns, staff is not persuaded that these concerns would necessarily be alleviated by dedication of g y �`..: ... g�. through meov�iners the drains ewa to the +City of Ta ardmaor hro by having thin drainac�eway be a commonly `h®ld tract-, _ g 'Division have ariaren association. The concerns raised by the 8ui ld n in subdivisions where drains eway areas are not divided into the surroundi,ng lots. The proposed i ncreased setbacks along the 9 Y_. _:ould help reduce potential j created by the easement should the oter� for debris filling problems during construction Policy 8.1.1 calls for the provision of a safe and efficient street Neighborhood Planning Planning Organization and were afforded the report. an addition, of the public hearing their opportunity to eysteM which Will accoruMo a' a present and fu,Ure ineeds. This policy is Satisfied because the proposed collector street developmdnt will provide for a much deeded connection to SW Scholle Ferry Abed iA this STAFF RPONT` - ilUEGEIt/ 0DtN1 D BOB 90- Doo4 %zONI 9070604/#1)11-96 0004 VAg 90- -.000 h- rapidly developing area and because the proposed development's internal street system will provide good access to all lots as well as street stubs of the proposed Hood Drive and St. Helen's Court to provide access to parcels to the south. The proposed internal street dyateM which minimizes the use of cul de sacs and provides alleys abutting several lots should provide very good access for emergency vehicles. The proposed pedestrian pathway on the eastern portion of the site will provide good pedestrian circulation for thia neighborhood despite the proposed long blocks. The applicants should be allowed to have some flexibility in locating this pathway prior to recording the plat. This flexibility is necessary in order for the applicants' engineer and City staff to determine how the gradient of the pathway can be further reduced. The pathway should be allowed to shift 150 feet way y Proposed shift will either was athwa ® °aprradient. re�xts ® may lalso iobeineces ®aaey sfc►r short reduce the pathway's 9 groupings of steps to be included in the pathways. The pathway segments should not be aligned with each other so as to discourage daredevil bicycle and skateboard riding. It is recommended that the Commission delegate authority for approving the pathway's final alignment and design to the staff during the final plat review. 4. Policy 5.1.3 will be satisfied when conditions of approval relating to street improvements are completed in conjunction with the final plat 5. Community Development Code Chapter 15.54 (R-12 zoning d strict) is satisfied because all lots are larger than the 3,050 square foot minimum lot size standard of the zone. All proposed lots should be able to be built upon in conformance with setback standards of the zone without requiring variances. pt (R-25 zoning district) is satisfied because lots within 5. Chapter 1S.5G x-25 zonin dust ; � minimum lot lots the able be the R-25 zoned portion of the site are consistent nim mo Size standard of the zone: Proposed l _ the ,zone. built Upon in conformance with setback standards of p . � u � 'Perry ) � ..ura�a Soulevsard . - of SW Scholl Road and the Y y Cha ter 1S 60 (C-41 zonin district is satisfied because Parcel C, at the intersection extension satisfies minimum lot size and dimensional al cerit siia 'of the P ; p po e e zone. No develo scment of d.tsiis parcel. xs�s r+� set at this brit p ) . a o Chapter 18.80 ( Planned De�relo went and 154160 (Subdivision) are satisfied because the proposal: Meets the requirements set forth for submittal and approval of a planned development conceptual plan and ss ubdiviSion preliminary platen The proposal attempts to design the subdivision to fit the site's oontitr inta and opportunities (i.e., the street right -of -ways are reduced in width So as to reduoe the amount of cutting and filling that are necesSaryi and the proposed iota �: phase would be graded to locate ho�es with respect to preserving the neighboring propertied" views ) ., in these way s; the proposal appears to agree with the purposes of the planned iievelopmeht section STAFF REPORT -• khOEGER /MCDONALD SUS 90 -0004/ZoNg 9O-)004/P1) a 90 0004 VAA 90s000E4 PAGg of the Code. Because the underlying zone both provide for multi-family development y 9 as a permitted use, it im appropriate to allow transfer of development 4Qpportunitiee from tie single -- family residential area created by the subdivision application to the R -12 zon =d area in the future multi- - family development site The 300 unit development opportunity for the entire future multi - family development site is far less than the balance of unutilized housing opportunities for the entire site after .development of the single family residential lots. The plat should rote that a maximum of 300 multi - family dwelling units can be developed in the area designated as a future multi - family site. Several variances to Code public road improvement standards are requested. Section 10.160.120 (5) provides tier following criteria for a variance to a Code standard to be considered through a subdivision application. a. There are special circumstances or conditions affecting the property which are unusual and peculiar :o the land as compared to other land similarly situated; b. The variance is necessary for the proper design or function of the subdivision, o. The granting of a aariance will not be detriwastal to the public health, • safety, and welfare or injurious to the rights of other owners of property; and d. The rsariance is necessary for the preservation and enjoyment of a substantial right because of an extraordinary hardship .which would result from strict compliance with the regulations of this ordinance. The applicants requ es pp foot wide local c al s ty reet rights- of-way for the proposed Baker Drive, Baker Court, an a portion of 3odd Driver whereas Community .Development Code section 1E.164.030.E.1.a requires 50 foot wide rights-of-way h ts° of wa y for local Oe The wale Section rewires 34 approval et roadway wid for OD street®: widths for Ps local streets. The applicants request bode Sectol sidewalks on both ik� l streets within these reduced 1S. ],64 0701A.1.b requires, s i Elides of all local streets. The applicants xequest approval of a plan that would place sidewiAlks on one side of all proposed reduced right -of -way width public stree` p ight -of -way width and Street The h arecaneceasery� toalimitegradingdand g width y ceatt�.n into the hillside in g Slopes p ible so as to order r to preserve the .evi� ai] r �s�o Staff ® grew With tkneae asaerti ®ads max3.�naze the number of with respect to area two of the proposed subdivisioiS a d ' f indS that the requested variances are ',rieceasary necessary for the , 'groper design and REPORT 1(t UEGER /l4CDCNALn - SUB 90--.. . 04/PDR 90 -0004 VAR 90 -0008 pm o reduced widths ��will thallow nnmaximum �lt utilization of a significant, natural attribute of the site,; its views, while minimizing the amount of diem aion of the natural hillsides. The reduced street and right -of- way widths will not be detrimental to public interests relative to vehicle parking because the proposed subdivision would be provided with a substantial amount of parking in the form of on- street parking on both sides of North View Loop; would have a substantial amount of parking along because of their lengths, and because on -site parking for two to four cars on each F g �+ lot. It id not anticipated that maximum parking demand within the subdivision will ever exceed, the parking spaces provided within the development. Requiring full width rights -of -way and streets would be inconsistent with the purposes of a planned development to promote development which compliments physical features, i.e., view potential, as well as the goal of limiting unnecessary disruption of existing landscape features. While staff finds that the requested variances to the public street as public local street rights -of -way and pavement widths are justified for area two of the proposed development because of the steep slopes in this area and its view potential, staff is not convinced that the same arguments hold true for Baker Driv -: and Baker Court in Area on This area is not steeply sloped and staff does not see any physical reasons why a full width right -of -way and street could not be accommodated. The applicants argue that reduced widths should be allowed in area one so as to provide a consistent look for t ae' development as well ae to align the drive i ses between the two sections of Baker Drive. Staff agrees that the reduced width for 'area twe would contribute to a consistent design and function of subdivieioYn streets, however, we do not find that there are special citeumatances or conditions which necessitate the variance as is required by the Code's variance criteria. Sidewalks on one side of the reduced width streets are requested for much the same, reasons as the reduced street and right -of 'way widths grading � g preserve _ ... and area twee Again, staff provide .a g to reduce radin and thus views as well as to ro consistent ded�. n between area one a g , fide that the requested variance is justified as applied to area two because it would reduce the amount of grading th t is necessary thereby allowing additional view lots, it would reduce the mount of grading and disruption of existing features, and because public purposes would not be detrimentally affected because of the adequate pedestrian circulation that is provided by the sidewalk cutting through the middle of the blocks as well as pedestrian circulation that would be provided by the proposed alleys.' in area one, however, the elimination of sidewalks from one side of the street ; would not have a Significant impact on reducing grading and preserving views and there are no off-setting means of providing pedestrian circulation such as a sidewalk between Baker Drive and Non hview Loop. Sidewalks on both sides of the street are necessary n circulation for the great number along to provide pedle�tria • . of lots Baker give: 9 STAFF REPORT KRUEGE1R /MGDOi A,®,- SUB 90-0004 /ZONE 90 VAR 90- 0008. In addition to the requested variances tai public road improvement standards, the applicants also request a variance to Code Section 18.100.090 which restricts fences in required front yard areas to a maximum of three feet in height. The applicant request that fences up to oLac feet in height be allowed in the front yardn of proposed lots 25, 26, 29, 30, 33, 34, 37, 38, 41, and 42 as long as the fences:3 are sset back at least ter feet from the front property line. These lots are located south and west of Baker Drive in area two. The lots all will have driveway access from the Adams Lane alleyway, Although the driveway access will b from the alley, the portion of the lots facing Baker Delve will be considered the front and thus subject ject to the required front yard setback of 15 feet. The appl3.cante state that the purpose of the requested variance is to allow the homeowners of the subject lets to place fences in ar Y as that may be used as private areas similar to twat, normally would a found in a reams yard. The requested variance i.ance will. not be detrimental because the 10 foot wetback is only slightly lase than the 15 feet setback that normally would apply, and because the ve Bence locations will got a auee a walled appearance along the reblic streets. Fences setback 10 feet from the property line ►i11 eat unduly restrict vision for motorists backing onto the public street from the driveways of the abutting lots. The pare . for which the requested vc riapce would apply are subject to the uX saual circumstance for atbueban r,eaidences of having their rear yards occupied by the home's garage and driveway with little area left in the red.: yard for private open areass such as decks or private lawn areas. The ±eque ited vas ,anc. 2alll allow these homes to provide the private areas in their front y = rda with as reasonable amount of screening. The requested variance should be approved. Additionally, the applicants request a variance to allow proposed lots 24 -42 and 59-60 to slightly exceed the Code's maximum i.ot depth to width ratio of 2.5 to 1 (Code section 18.1 64.060 . A. . b) . The applicants state that the increased depth is necea3sary to allow greater staggering of building locations ie order to maximize view potential. Staff finds th view potential of these parcels to be special circumstances affecting these parcels which support the request. Because creating view lots is a printery objective of this a bdivision' E design, the variance Jo neceeeary for the proper design of the oubdiviseion. The primary purpose of the maximum lot depth to width standerd is to die courage a the creation of lots which have the potential for rediviai n into flag lots or other unusual lot .onf i.gura dons. The requested variance Is sot detrimental tO this purpose because the lots relatively small size should preclude future rediva:sion. Strict compliance with the lot depth to width ratio standard would necessitate redesign of the subdivision with lessened d view potential or a decrease in the number of lots through wicienieg of reduction in ptopoaed lots as compared to the total development o rtenit. the Iota: A Further r��duct p pFO Y of the parcel May make division into single family lots unfeasible. The requested Variance to t;'e lot depth to width ratio standard should be approved. STAPP REPORT KRn . n/ lCDONAL 1 = SUB 90-0004/2044E 00_„000+4 /'b i 90 -000+4 VAR 90-0008 "c AGE 13 ' •• *,- .., r,.... ....,,,,.:; . ,,......^ , .-; :..... -1-4 , , : - i• ' , .4 ''..* • .•.' ',... :1•.., ' '. ':.• .. ....... ',.., ' 0 ... "..: . . ., ...., ' A. :•• . I:: • '•,' • " • ...* • ' ...., .* ' ',. ,',... C,...■■•••,... 4 ..., : 7,... . . ....!4.:„..,, . '..., . ..... ...., se 9. Chapter 18.92 (Density Computations) is satisfied because the proposed density is consistent with Code requirements for the R-12 and R-25 zones. The 194 single-family lots and the reeerved opportunity for 300 multi-family units are proposed in an area that would provide an opportunity for approximately 991 dwelling units if developed to the full density opportunity of the R-12 and R-25 zones. 10. Chapter 18.114 (Signs) will be satisfied upon application for and receipt of a sign permit for subdivision identification signs. Sheet 3/5 of the applicants' submittal shows identification signs to be located on walls on either side of the eastern intersection of Northview Loop and Murray Boulevard. Code Section 18.114.130.8.1.c allowe one subdivieion identification sign at each entry point to the sultodivision. Therefore, only one of the proposed signs will be able to be permitted. Sign size must comply with Code requirements. 11. Chapter 18.150 (Tree Removal) requires that the number of trees over GiX inches in diameter that are removed during the course of construction be minimized. The proposed development site has a relatively small number of large trees located within the drainage swale. However, some treos may need to be removed to accommodate the development's streets and utilities as well as drainageway improvements. The number of trees removed should and can be minimized through careful site design, Plane for tree removal must be reviewed by the Planning staff through an application for a tree cutting permit. 12. Chapter 18.164 (Street and Utility Improvement Standards) of the Code will be satisfied during the approval pracess for the final plat and Public improvement plans. As noted above, staff recommends approval of variances to several etandards contained in Chapter 10.164. The applicants' narrative notes under LandOca2leaAnd SOreenina on page 6, that a low maintenance /andscape buffer will be planted along the section of Hood Drive that abuts properties to the south. Proposed landscaping materials are not detailed. The applicants should coordinate the landscaping plan for this area with the City'a Public Works Division. Two remnant parcels would be created at the intersection of SW 135th Avenue and the Murray extension. Although both parcels would meet the minimum parcel size of the R-25 one, the parcels are not included in the proposed subdivision. The applicants are exploring options for utilization of thee parcels. Access to these parcels from Murray Boulevard shou1 0 be pr:ohibiteri. In addition, a Portion of the existing right-of-way for aVi 135th Avenue to the ea at of pmoposed parce3 B will become unneedod for roadway purposes when the new intersection is completed. The City should consider vacating this right-of-way segment subeequant to ConotruCti,nn of th0 intersection. C. RECOMMENDATIONS STAPP LEPORT - ItItUEGER/MCDONALD - SUB 90 -0004/ZONIA 90-0004/?DR q0 -0004 VAR 90-0008 PAGE 14 The Planning Division recommende approval oft 1) The zone change to add the PD overlay zone to the ee12 and R-25 zoning del ignation:, for the portion of tax lot 101 south of the Murray Boulevard a1ignmeetd 2) The ;onceptual planned development plan/preliminary subdivision plat for PDR 90 -0004 and SUB 90-0004; 3 j) the requested variances to allow a 37 foot wide local street' right -of -way, 28 foot wide 'roadway®, and sidewalks on one side of the street for the proposed Baker Drive and Hood Drive in area two only; 4) the requested variance to allow fences no taller than six feet in height in the required front yards of lots 25, 26, 29, 30, 338 34, 37, 38,, 41 and 42 no closer than ten feet from the Lots property lines along the proposed SW Baker Drive; and 5) the requested variance to allow several of the proposed lots to exceed tY,a', 5 Code's maxiutum lot depth to width ratio. Approval should be subject to the following conditions: ASS OTHERWISE NOTED ALL CONDITIONS SHALL BE MET OR ASSURED PRIOR TO RECORDING RDING THE FINAL PLAT. • All lots shall be be displ yed on the final plat with full dimensions and square ' footage. The area designated future multi - family site shall note a maximum of 300 dwelling units may be developed. STAFF CONTACT: Ferry Offer, Planning Division (639- 4171) 60 feet of right -of -way shall be dedicated to the public according to the UPAA Murray Boulevard alignment. Additional right - of-way shall be dedicated on, the approaches to S .ho' Pp 1.i,e Ferry Road, 135th Avenue, and Walnut Street .to 45 feet from the centerline to acccmdate the additional nitre lanee and through lanes. The length of the additional right -of -way shall bee ao On both aides of Murray D4uleverd between 3cholle Ferry Road and the first street of the subdivision, to provide for future additional lanes at th =' Soholls Ferry Road intersection. b. On thev-est side of 135th Avenue, 100 feet fray a the south boundary of the subject site to provide for a futa.°r*, right -turn land. 0. On the north side of Mi rray Boulevard 100 feet from the new intersection of 135th Avenue to the existing eight --of -way of 135th Avenue, to provide for a future right- turn laite d. Transitions in right --of -way width hhou d have a taper rate of 15:1 for widening and. 35:1 for restricting widths.. 60 feet of right -of -sway shall be dedicated to the public according to the proposed 135th Avenue T" intersection ideation shown in the UPAA for 135th Avenue ST APP VEPORT ITRUEGER/MCDON D SUB 90. 000M4/Z 90 -06 4/VD 90- 0004 VAR 90 -0001` PAGE 1 50 feet of right -of -way shall be dedicated to the public for the loop road, the internal streets within Area 1,, the cul-de-sac to the west, and for the streets connerting to the Fern street, area to the south. 37 feet of right-of-way shall be dedicated to the public streets of the Area 2. for the internal 30 feet of right -of -way shall be dedicated to the public for the alle Yw a s. STAFF CONTACT. Gary Alf son, Engineering Division (639- 4171) 3. Additional right -of -way shall be conveyed to the State of Oregon; by and through its Department Transportation, Highway Division, along the scholia Ferry Road frontage �'r y cue to increase the right-of-way to 45 feet frost! centerline. The description shall be tied to the existing right -of -way centerline. Verification that the conveyance has been submitted to the State, information, contact Myron City Engineering Division. (For additional o y ron 1�eln ick; Oregon Department of Transportation, Right -of -Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223, 684 -1510) 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right -of -way of acholle Ferry Rbad. A copy of permit shall be provided to the City Engineering Division prior to issuance of a Public Improvement Permit. STAFF CONTACT: Gary Aifson, Engineering Division (639 -4171) 5. Collector street improvements including sidewalks, curb, streetlights, and conforming to the es, shall be constructed along Murray Boulevard frontage underground utilities, to 135th Avenue. gThe improvements shall be � & minimum of Scholia Ferry gt alignment shown on the nubmitLed plan frost P ,. 40 feet wide: curb to curbs On the approaches to all intersections, the street shall have a minimum width of 44 feet to provide for a 100 foot long center turn lane. Half width plus 12 feet of collector street improvements, including curb, sidewalk, streetlights, and underground utilities, shall be installed along the existing 135th Avenue frontage, conforming to the alignment shown on the submitted plane. Full width minor ce e.lector street improve including . memo inclradin t��.dewalki�, curb, streetlLght3, Signing, string and underground utilities shall be constrv,cted from the end of the 135th Avenue LID improvements to the intersection of Murray Boulevard. concrete sidewalks, .,, 9 traffic _, . ' .. 4 �tailbro 6. clusters, th street im roventsdr�.�ew�udi.$ aprons; asphaltic control devices, o sanitary sewers, p r p �.�. conrret�e driveway utilities sYial3. be installed storm drainage, streetlights, ante. underground pavement, y �wera designed and constructed to� local �streesstandardtnexcept wit ttn rovementa .shall: be 28 foot. pavement width ..� except h regara.d to the idth for SW Sa3rer 'Drive and SW Hood Derive in area two ae Shown on the Preliminary plat STAFF CONTACT. Gat 3 Alfson, Engineering Division (839-4111). The 28 foot wide internal streets and 20 foot wide a, STAFF REPORT KRUEGER/ MCDoNALD - SUB 90- 0004 /zor E 90 VAR 90 -000 eye Shall be allowed . _ '• _ 't _ _ .. c '.q _ 1. S . �� . , _ _ • LEGIBILITY STRIP' S _ � l• L I • .' fr• a s i 'i L • •iL T L . 4. within the eastern portion: of the subdivision, area two conforming to the alignment shown on the preliminary plat. • The a ,P1icant ,,hall provide for roof and pavement rain drainage to the public atormwnter drainage System STAFF CONTACT. Brad Roast, Building Division (639 -4171) . The appliCant shall demonstrate that storm drainage runoff can be discharged into the existing drainagew,aya without Significantly impacting properti a downstream. STA 'P CONTACT: Greg Berry, Engineering Division (639- 4171) . 10. Sanitary sewer and storm drainage details eha11 be provided as part of the public improvement clans. Calc Ulationa and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided, as a supplement to the p� public improvement plans. Calculations shall be based on full development of the see viO able area The location and icapac ity of existing, proposed, and fut:.nre lines shall be addressed. STAPP CONTACT Greg Eerry, Engineering Di . iaion (639-4171). 11 The a pp licant shall provide sanitary sewer and storm drainage service to the south boundary of the subdivision for future connection of the adjacent properties STA 1? CONTACT: Greg Berry, Engineering Division (639-4171). 12. A 50 foot wide public eaeemont shall b dedicated along the drainageway. Adjacent property owners shall b responsible for the m intenance of the drainageway The drainageway shall be kept clear to allow passage of the storm water runoff. ST 1? eJONTACT: Greg Berry, Engineering Di' ieion (639 - 4171) 13 Two (2) Sete of detailed public irproveMent pi = na and profile conBtruction drawings Shall levbe Submitted for preliminary ;weview to the Engineering q (7) sets of approved , and one (1) itoimited construction coat estimate, all pr ®pared by a Profess ®ional: Engimemr, shall be eubmit.ted for final review and approval. STAFF CONTACT: John Hagn an Ehtliiheetihg Di' iaion (639 -4171) 14. Building permits will not be issued and construction of proposed public _ �aanencta g .. g as reviewed eand approved nthe public improvement g plans and ee ynstreet�openine era, t or conatruotion corgi lianc agreement reement hae been ` execute, p g p p g . d. "A 1�iA' P perfon;makA aereem F .. � � � � � � � g ent, the � ag ®nt�ofnc� or letter of cciim�i trsaent a d+ev�sla er -�K3n �:neer gr permit fce and a sign a.nstallationietret1Lght fee are re. uirr d. ST APP CONTACT: John Hagman, Engineering Didision (633 0- 41.71) 15. Street centerline monunnentation shall be provided a» follows; a) centerline Monumentation . nce with Cr 1) the centerline of all street and 5roadwaa 9� �6Cl; s�ubaectioie _(2)d 1 In ccorda w��.�: g . y rights- of-way shall be STAFF AEPORT •- IE tLJ`EGER MCDONALD SUFB 90. 0004 ZONE 90 0004/P0R 90 VAR 90 -0008 o PAGE monumented before the City ,accepts a street improvement. 2) The following centerline monuments hall be eet: A) All centerline: - centerline intersection points. P) All cul -de -sac center points. C) Curve points, beginning and ending points (pC'a and PT's b) Monument Boxes Required 1) Monument boxes conforming to City standards will be requ a ,.red around all centerline intersection points and cul-de-sac center points. The tops of all monument boxes shall be east to finished pavement grade. STAPP CONTACT: M John Hagman, Engineering Division (639- 4172). 16. A grading plan shall be submitted showing the existing and propos contours. A soils report ahall be provided detailing the soil compaction requirements. STAPP CONTACT; Greg Berry, Engineering Division (639- 4171). '' n ,of a ten foot wide asphaltic bicycle and 1,� . The location pproxima�te�ce concrete or cement bic �: area two may be xrelocated no more thin 150 feet from the location shows on Pedestrian pathway through the a center of the shown on the preliminary plat if it is found that relocation will red:;ce the gradient' of the pathti.�� +ay. Pathway segments shall not he aligned do as to didcourage bicycle and other vehicular traffic. Final design approval for the pathway shall be the responsibility of the City' engineer in condultation with the Parks department. STAPP CONTACT Gary AlfOon, Engineering Division (639- 4171) 15. An eroa on control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control. Plans - Technical Guidance idance Handdbook, . November 1989." STAPP CONTACT= Greg Berry, Engineering (639-4171) 71) 19. Direct vehicular access shall be Prohibited ed to Murray Boulevard from any abutting lots. STAFF CONTACT. John Bagman, an Engineering Division (639 -4171) 20. No building permits shall be issued for any phase of the subdivision until a sufficient two-lane no eructed to provide a fl,cl.ent portion of Murray Boulevard has been Dons P connection Scholia Ferry Road or 135th Avenue. 1TA r CONTACT: CaryAlf son 1 ngineer ngS£ ivision (639- 4171) y Street north 21:L C+an��tr:uc�ts.on traffic dhall. not be allowed to travel. on G�3.ltort of Hurray Boulevard. Construction vehicles, indldding e; ploylle vehicleeh, shall not be parked on p bl :c streets north of Murray Boulevard. 22. Prior' to recording of the final plats iTAFF IMPORT PQRT -» UECEFi /t+.aCD0NA;XxD any outstanding aesesemont ba9...hce s0 ':fit",p 0004/' C,NE 90R +0B04 /PbA +0 000 T 9 ®- 0+D0t • PACK �.8 for this site shall be paid on the SW 135th Avenue Local Improvement D strictx 23. Fences along all public str =ets shall, provide for adequate sight distance for vehicles eiatering and exiting public streets. STAFF CONTACT: Brad Roast, Building g D vision (639-41/1) 24. Fences no taller than six feet in height shall be permitted in the required front yards of lots 250 26, 29, 30, 33, 34, 3 ?, 38,. 42 and 42 no closer than ten feet from the lots' property lines a] ozi g the proposed SW Baker Drives STAFF CONTACT: Bad Roast, Building Division (639-4171) Trees over six inches is diameter shall only to removed td..3 construct street, utilities, residences, and drainageway improvements A tree removal permit must be obtained prior to the removal of any tree with a diameter of six inches or greater. STAFF CONTACT: Jerry Offer, Planning Division (639 4171)4 266 A sign permit shall be obtained prior to erection of the proposed subdivision' entrance sign. STAFF CONTACT: The Planning Division. PLAT APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE DATE OF FINAL DECISION. . PREPARED BY: l: r .� f✓✓ ,; APPROVED BY: die 'ry O r M Keith Liden De'velo m nt _• .w Planner Senior Planner br /JO: sub90-04 C 001 UN:1 r mortrtme STAFF REPORT .p KRU GER / CDONALD SUB 90 0004/2o 90- 00O4/PDR 90-0004 VAA 90 -0008 7. y,4 • .� `. • BULL MOUNTAIN NORM[ REQUEST FOR PLANNED DEVELOPMENT OVERLAY AND VARIANCE APPLICATION SUMMARY REQ 'LEST Approval of a planned development and variance to allow a three- p/- ase residential ,development. The project proposes 194 single family lots in Areas 1 and 2 Phase 3 is planned for multi- family residcatiai development to be developed in the future: SUBJECT : PRO ERTY Tax Lot 101 PROPERTY: (part) on Map 2S 1 4B. The property is located on the north side of Bull Mountain between S M'. 135th and Scholls Ferry Road. OWNER: Margery Xrueger, et. al. Route 1, Box 792 Beaverton, Oregon 97007 AP PLICANT/ OPTION HOLDER McDonald Partners 10260 S.W. Greenburg Road #400 Portland, Oregon 97223 (503) 293 - 3460 Contact: Sylvia Clark P ; R/ENG1°1 .►ER: OT.K, Inc. 17355 S.W. Boones F'evrry► Road Lake Oswego, Oregon b7035 " P (503) 635 -3618 �� Contact: Joe Dills, AICP E ESTD1 USE: Vacant PROPOSED VSE: Residential SITE A 54.7 acres BULL MOUNTAM NOR= REQUEST FOR PLANNED DEVELOPMENT OVERLAY D. VARIANCE Z Statethent of Intent It Summary of Reasons for the Request is Site and Vicinity Information W. prolset DeEign V. Compliance with Planned Development Criteria 'I. Compliance with Variance Criteria VII, Summary VIII. Appendices ,�. Exhibits 1, Preliminary Plat 2s Site Analysis 3. Landscape Plan 4: Grading and Drainage Plan 5. Utility Plan • Revised 4/26/90 BULL MOUNTAIN NORTH REQUEST FOR PLANNED DEVELOPMENT OVERLAY AND VARIANCE I. Statement of Intent The following is a request for a planned development overlay and variance for the, Bull Mountain North Planned Development. Bull Mountain North is a residential development planned for 194 single-family dwellings. A 12-acre area is planned for a maximum of 300 multi-family dwellings to be developed in the futkire. The requested approval for 494 dwelling units is 50% of the permitted density on the site. There are three variances which are requested as part of this application.: 1. Reduction of the local street right-of-way width from 50' to 37' on flues streets: Baker Drive, Baker Court, and Hood Drive. The 37' right-of,way will be used for 28'-wide streets, whicheare.411clwpilhittEleyglopmente cev.e.rlay4.1 a 40 al 2. Approval of 28'.wide streets with parking and sidewalks on one side. This request 1„iik, eat applies to the same three streets as cited above. .rt,i1; drit-i" n, Allowance of 6' fences located 10 feet from the front lot line for 10 lots on Baker Drive. 1, A Preliminary Plat has been developed for the 194 single-family lots (See Exhibit 1). The plat is proposed as a "'Conceptual Plan'. as detiried by the Planned Development chaptel.h of the Tigard Development Code. Approval of the planned development for the area illustrated in Exhibit 1 will create a new parcel north of Murray Boulevard. This parcel is currently zoned Neighborhood Commercial. The alignment for Murray Boulevard required by the City will create two "remnant", buildable parcels. Following plat approval, these lots will be for sale. It is the developer's intent that the lets will be combined with the adjacent ownerships. Summary of Reasons for the Request (44 ' pk,kVi tad "4" IL The planned developn3.ent overlay is requested in order to provide for flexible standards for design of the development. Specifically, the planned development overlay allows streets with an improved width of 28' (curb-to-curb) and flexibility in establishing setback.e. These flexible development standards have been incorporated into the project as part of an overall objective of achieving a unique, view-oriented residential development. The site is located on the north slope of Bull Mountain and has spectacular views to the north and et, including Mt. Hood. The objective of the lot configuration for the east end of the property is to maximize views. The right-of-way width variance is requested in order to maximize view's for as many lots as possibl,e while minimizing cutting and grading into the hillside. Implementation of the required 50' right-of-way width for streets whicle ,are 28' wide would cause unnecesear3r grading and cutting into the hillside to create the driveways and building pads. The requested 37' right-of-way is a reasonetble right-of-way for the -28' wide streets and eliminates the unnecessary cutting and grading, Page 1 EP Bull Mountain North Planned Development wad Variance Request RAFT Revised 4/24/90 The variance for 28' streets with sidewalks and parking on one side is requested to reduce development costs and grading of the hillside. Adequate pedestrian circulation is provided from the proposed one-side sidewalk on the 28' streets, sidewalks on two sides on Northview Loop, 20' alleyways, pedestrian right-of-way in Area 2, and sidewalks along Murray Boulevard. Adequate parking capabilities will be provided by parking on one side of the 28' streets, 2 girage spaces and 2 driveway spaces on each lot and the two-sided parking planned for St. Helens Court, Northview Loop and a portion of Hood Drive, Approval of the variance will reduce the amount of required sidewalks by approximately 4,000 linear feet. The variance is necevary to provide a consistent width for Baker Drive on either side of Northview Loop. The consilent width aligns the drive lanes, provides a more planned appearance and visually links the two sections of Baker Drive. ILL Site and Vicinity Information A site analysis is illustrated in Exhibit 2. Site Area: 54,1 acres - total site 50.5 acres - net developable area south of proposed Walnut Street extension Zoning: Medium and Medium High Density Residential Comprehensive Plan designations. R-25 and R-12 zone districts. Single family detached and multi-family dwellings are permitted uses in both zones. Land Use: The site is an undeveloped hillside on the north slope of Bull Mountain. It has been cultivated with cover grasses, Adjacent land uses include: North: Greenfield Apartments and Cotswald Subdivision (R-25) West: Scholls Ferry Road South: Rural Residential (zoned Washington County 5 units/acre) East: Residential land (R-4.5 and R-26). Topography: , • Vegetationt The highest point on the property is approximately elevation 318 MSL, 84' above the low point of elevation 234 NISLs Slopes on the property average approximately 10%, There site is an open field covered primarily with grasses. The drainage ditch which runs through the site has several poplar trees within it The southwest portion of the site has a few conifers, Page 2 • Revised 4/24/90 Bull Maamtain North Plan .ed Development and Variance Request Project Design A. Pht.h., 1 and Design Objectives The proposed Preliminary Plat for the project is illustrated on Exhibit 1. A detail of the lot layout and typical landscaping is illustrated on the Landscape Plan, Exhibit 3. The following is a summary of the design objectives for each area of the project. Area 1 is designed for moderately priced "starter" homes. Lots sizes range from 5000 to 11,350 square feet with an average lot size of approximately 6,200 square feet Two acc ess p oints are provided to improve accessibility .l. ty emergency service vehicles. There is a drainage corridor which runs throug h Areal. A drainage easement is planned for this corridor to ensure that it remains E+is open space. The easement will extend 25 feet on either side of the center of the drainage. Are 2 is designed to MaXiMiZe the site's spectacular views of Mount nod and the Tualatin Valley. Lot sizes range from 5,000 to 13,240 square feet, with an average lot size ion creates throe terraces stepping u of 6750 square set, y' gu up Murray Boulevard and S.W. 135th A ciosa ecti an of the terraces in Area 2 is illustrated from � on Exhibit 4 Lots 1 through 68 have frontage on two streets within the subdivision, �' � . hi Ac shown on the plat, . d homesites for 1 ots 24 through 42 will be 'staggered to alternate the entries the, front yards a�.. lot _._. . g �'g r Y to the homes. A detail of the lot layout is illustrated on the Landscape Plan, 1 xli .'bit 3. The staggering of the lots is intended to m axiMisse views from each bomesite and increase the open sc e. B. staggering the lots the linear appearance of space and visual interest of the street ap By gg g , pp a row of garages and driveways that is commonly used in suburban subdivisions will be avoided. Instead, the street will have a patters, of alternating front yards and backyards. The two alleyways are designed as garage access for a relatively small . number of lots (11 on Adams design will t esu t in very little traffic along the alleyways Lane and 6 on Cooper .�ane).,� This �, 1 3r g and a sense of privacy along the alle,,rray. The lots have been planned for two -level patio homes which have a footprint of approximately 2000+ square feet. The anticipated P atio home will have a "blind' side f windows) and a ` view " si e with n� a;wfi n zy windows. , ,,. E* nt ri e.e s will likely be along the side of h om e. L�e. 5 p i h 1 A �X,P! i. ' w.d l �, 4'Yu•L:.L°i,' L'�� P "� ,�,�fA�t F1 :to t Area 3 is a mulltidfa mly phase t' bo sieve p of Area 3 line easement: � � the future. The total area is 12.5 acres, including the power B Density , g Murray The area of • including Boulevard right-of-way. This area is suthrna.: of the . _ the site is 54.7 acres�n clusda� the IVlurrra erYnitted and requested densities, zoned �� -25 and R,1.2. The following is ry' permitted q age Bu3 A Mountain North Pied Development and. Variance Request Zone R -25 R -12 a Area 1�ensi 25.8 Ac 25 units; ac 28.9 Ac 12 units /ac Revised 4/24/90 it) 'yj,Vlp �QQQ $,p*t lling IVi 3 Units 645 d.u. 346 d.u. Total permitted dwelling units t af: Requested dwelling units 991 d.u. 494 d.u. The requested 494 dwelling units is 50% of the allowable density. This density will have far less impact of traffic, schools and other public facilities and services. C. Access, Circulation and Streets There are two access points from Murray Boulevard. The accesses are separated by a distance of approximately 900 feet. These access points are the ends of the main loop road, Northview Loop, serving the interior of the property. This main loop road will have 50' of right -of -way and a 34' improved width with sidewalks on both sides. y^ pap' 7.4 ; ffi Area 1 is accessed from two intersections with the xn,,aifi loop road. The two access design is intended to promote access emergency . , l � c � 37' and J I y � ° x `' '` ess for em�er enc vehicles Area 1 streets�vnll be 37 of right-of-way -wa and 28' improved surface, with parking nd . sidewalks on one side. 4 � 4, , t t 4( r.�, , ey . Watt. 0� l'A., t� � //eau (brim' strvom r.,(1.,,,' " f ✓t in '�n *a', d.�,d 6.40 x; , i"Y � a.,.' �+C � L.l� (� :ems✓ „.50i001 ,� '�"� fl,�' ' .�' ��t '�fl -�W /`..l'iL3�i� a`7� ,/0 .f AR mittx, IP Qat: cf. f) which ,i1 ntersect the main loop road. lots are served p Area 2 is a l streets planned f ©r a 37' right-of-way with a 28' improved width Two alleyways by two local p are planned to provide double frox*age for some of the lots: The double frontage will allow for gg g lots illustrated Exhibits 1 and 3 The alleyways will have staggering of the entries into lo¢s as Ala, castrated on �xhibats s� a 30' right-of-way and a 20' improved surface A 40' right - of-way is planned for the southern section of Hood Drive. Ten feet of this right-of-way will be used as landscaping to buffer properties to the south.' All streets will be public. ~There will be a 6' utility easement outside the right-of-way on each side of the street: D. Parking 34' ; minimum - exterior spaces. The main have ich allows for parking on both sides of the street All residential lots will accommodate d width which of two off-street �°eet eater, sides loop road will ha �e a 34 improve p �' The local streets in Areas 1 and 2 will have a 28' improved width, therefore parking will be limited to one side. There will no on- street parking in the 20' alleyways. ° garage space . r i iveway. This off-street .. will y . ,. . 2� streets and no Each home will have a tv� o car era a and te the one -side parking for � a'. parking is considered adequate to accommodate i g ; � , will through +ed with a parking alleyways: - above, Lots 2 u h 42 are designed arkin on the 20' ells a s � As a will.ha�re an entry walk i ro�,tie�l from the . uphill-downhill o .at. Each uphill home downhill street h ests can park below and easily walk to the home. The goal of the downhill sire . P Page Dull. Mountain North Planned Development and Variance Request Re' 1sed 4/24/90 design, is to provide privacy and access from the uphill side while provide sufficient parking opportunities in the driveways and from the downhill side of the lot. E. Landscaping Street trees will be planted along all streets act illustrated on the landscape plan, Exhibit 3. .. improved with entry paving and The property entrances at Murray Boulevard will be inx landQcaping. .c,i /4? dU I7 t �q% - .o /6� 694 , (L vak i4E ao �. , tt t V. Consistency with Planned Development Approval Standards Section 18:80.120 of the Tigard Development Code sets forth the approval criteria for a planned development. The applicable criteria are discussed below. Density: Due to the inclusion of two areas of single-family residential development, the property it if the maximum density allowed by the Development Code. vvi�i guild out w't�o � 1 4 sill le- fanail and 300 multi- family). iVJLaJ�imuna dea�sity Tile request i_ for 494 u� ( g Y allowed by the Code is 991 units: Visual Clearance. Areas: As required, by the Development Code, all streets will have a minimum visual clearance triangle measuring gle measurin a minimum of 30' from the intersection of right-of-way lines. The entrance to the site from Murray Boulevard has been designed with a 35' of vision clearance area. See Exhibit 3. Landspain and,.._Screening Street trees will be planted throughout the subdivision Due to the width of the streets, street trees will be installed within the yards of the lots. All p, g maintained .. d:s of the Code. A 40' � a landscape. landscaping will be installed and rnaalne accordin to o provide ardsca e. buffer between right-of-way � been planned t , P ht -of�wa section for Hood Drive has p � the site and properties to the south. I a4, at ,tet, r e,114 j wrl( a ve 4 ' Coto otuttfa`r y -c Off - street Parkin . Two off-street parking spaces will be provided for each dwelling. At least one of the two spaces will be covered: In addition; `the ilri�ve�v� ay to i ch homes willrha` ace .�... sp for two additional parking°epaces: Relationship _ to Physical Environment.: The excellent views from the site are its greatest feature. The . ' • i err' p designed : . ..: :e.:_ physical Pn preliminary tat has been to maxngui Street trees will be planted , + � open as a Str p which exist on the property will be retains as much as possible. as required by the Code: The drainage way will b left op drainage easement extending 25' from the centerline of the drainage way. Bufferin g the adjacent collector streets is provided by the �' and IV`oise. :Buffering toward the iniside of the developmiei�t. orientation of the perimeter lots Private Outdoor .Ares: Homes will include outdoor or 1. 'ter privst,g outdoor areas of not less than 48 square feet. Page 5 a a I 2 § 41, u el 12 A is ei g Bull Motmtain North Planned Development and Variance Request 104f 0(t,) D Revised 4/24/90 Pedestrian Cireulation: Pedestrian access from the upper streets in Area 1 to Murray Boulevard and S.W. 135th will be provided by a 10 pedestrian path right-of-way dedicated to the City. The main loop road will have sidewalks on both sides of the street. The local streets will have sidewal1/4s on one side of the streets. Public transit: There is currently no transit service to the property. Adequate area exists for a bus stop within the Walnut Street right-of-way, should Tri-Met extend service to this area in the future, Drainage and Utilities: A grading and drainage plan, Exhibit; 4 is included as part of this application. Final drainage plans will be engineered according the Chapter 18.84 and the 1981 Master Drainage Plan. A Utility Plan is illustrated in Exhibit 5. VI. Compliance with Variance Criteria Three variances are requested as part of the subdivision: L Reduction of the local street right-of-way width from 50' to 37' for three streets: Baker Drive, Baker Court, and flood Drive; 2. Approval of 28 local streets with sidewalk and parking on one side. This request applies to the same three streets cited above. 3. Allowance of 6' fences located 10 feet from the front lot line for 10 lots on Baker Drive. Section 18,160.120 of the Development Code establishes the criteria for review of variances as part of a subdivision, The following findings address those criteria for each of the two variances. Right-of Way:Yaniance: The right-of.way width variance is requested in order to waximiw views for as many lots as possible while minimizing grading into the hillside. The proposed street width is 28' (curb to curb), Implementation of the required 50' rightof-way width for streets which are 28' wide would cause unnecessary grading and cutting into the hillside to create the driveways and building pads. The requested 37' right-of-way is a reasonable right-of-way for the 28' wide streets and eliminates the unnecessary cutting and grading. The right-of-way wriance is necessary for the proper design and function of the subdivision because it will allow the maximum number of lots to have views with the minimum amount of grading of the hillside. The granting of the requested 37' rightoof4ttay will not be detrimental. Within planned developments, the Code allows for the proposed improved street width of 28'. A 50' right-of-woy is unnecessary for a 28' street. It would result in ur_Loually large setbacks for the homes, with extensive grading into the hillside. Page 6 Bull Mountain North Planned Development and Variance Request Revised 4/24/90 Strict compliance with the 50' right - of-way standard would result in fewer lots with views and more grading of the hillside to create building pads. These impacts would create a hardship for the applicant by increasing the costs of development. They would also be inconsistent with the purpose of a planned development to promote development which complements physical features, i.e. view potential. Variance for 28' Streets with Parkin and Sidewalks on One -Sides This variance is requested for three streets: Baker Drive, Baker Court, and Hood Drive. Together, these streets are 4,000 feet in total length Northview Loop, St. Helens Court and a short section of Hood Drive will be standard 34' streets with parking and sidewalks on both sides. The purposes of the variance are to minimize grading, improve view potential, reduce development costs to a feasible level, and achieve continuity of the design of Baker Drive along its full length. The grading and view rationale apply to the lots east of Northview Loop in Area 2. This area has an average grade of approximately 10 %. If the standard 34' street is used in this area, it would result in more grading and impact on the hillside. The grading would reduce the staggering of the 19 lets along the south and east side of Baker Drive, thus reducing the view potential for the 10 homes which will have driveway access from Adams Lane. One of the objectives of incorporating the alleyways into the design is to maximize views. Standard 34' streets would detract from this objective. The cost rationale for this variance is reality that the applicant and City must address. The applicant will be required to build S.W. 135th, Murray Boulevard, and Scholls Ferry Road to collector standards with full utility improvements. This level of financial obligation places a very heavy burden on the project. Approval of the requested variance will assist in keeping the project financially feasible while providing an adequate improvement standard for three streets subject to the variance. Sidewalks on one side of the three streets will not be detrimental because adequate circulation for pedestrians has been provided, There will be an off-street pedestrian right -of way in Area 2, sidewalks on both sides of Northview Loop, Murray Boulevard, St: Helens Court and a short section of Hood Drive. There will also be safe walking opportunities in the alleyways. Taken together, these elements of the plan provide a complete pedestrian circulation system. Parking on one side of the three streets subject to the variawill not be detrimental because adequate parking will be available through a combination of parking on one Bide and parking in driveways and garages. Each lot will have a two -car garage and two driveway spaces for on- site parking. In addition the 11 homes which have driveway access from Adams Lane will 11.1 have space on their Baker Drive frontages to provide additional on-site parking if the homeowner needs it Parking on one side of Bake r Coro.. t � 1 1provide approximately 8 on- street spaces. Parking on one side of Baker Drive will approximatley 67 spaces. .::. Parking on one side of Hood Drive will provide approximately 36 spaces These on- street parking spaces will, in combination with the on -site parking spaces provide adequate parking for the streets. Bull Moi ntais" I North Planned Development and Variance Request Revised 4/24/90 Baker Drive has been designed with a 28' street width in Area 2 for the reasons cited above. On the east side of Northview Loop, Baker Drive and Baker Court are also 28' in width to provide design for the street. It would not be logical to design a different street width for Baker tent desi ° ° Y Drive on either side of Northview Loop. The consistent width aligns the drive lanes, provides a more planned appearance and visually links the two sections of Baker Drive. Strict compliance with the standard street width will increase grading, reduce view potential, increase development costs, and provide design continuity for the entire length of Baker Drive. As described above, the project is carrying the cost of off-site improvements on three sides of the property The requested variance will save the cost of approximately 24,000 square feet of paved street and 4,000 linear feet of sidewalks Approval of the variance will be consistent with providing flexible development standards within the planned development overlay. 3' Variance to allow 6' fences 10' from Baker Drive for 10 lots, This request applies to lots 25 26, 29, 30, 33, 34, 37, 38, 41, and 42: These are the lots south and west of Baker Drive which will have their driveway accee' from the Adams Lane alleyway, For the homeowners of these loth, the front of the home will be along Adams Bane, However, the City has informed the applicant that addresses for these lots must be Baker Drive addresses. According to staff, the city defines the Baker Drive side of these lots as the "front" lot )iris The Development Code restricts the height of fences within the front yard: The purpose of the requested variance is to allowed the homeowners of the subject lots to place 6' fences in the area they use as the rear of their lots: N + 4 ' ri The variance will not be detrimental becAuseliie fences will be set back a minimum of 10' from the right -of -way: T iisla the same sett a. theme--- aliews €orea4i ©me: The impact of the fence will be further reduced by the fact that there will be only 10 homes authorized for the variance. The ten homes alternate in sets of two as illustrated on the plat. With the 10' setback and alternating pattern, there will not be a cumulative effect of a tall wall along the street. Strict compliance with the ordinance would cause property owners to set their 6' fences 20 feet Baker Drive, This would inefficient result in inef�"icient use of their property force large, a overgrown area between � p p t3' and the potential to avoid a "walled" appearance adjacent to '�e. The purpose of the standard, ►, gr a ®ween t eir fence and Baker Drive. Pp J the street, t,an be fulfilled while allowing for 10' of additional backyard. VII. Summary .... Maximize •_ . designed ... ; . esY (1) The Bull Mountain North Planned Development is desi ed to meet two objectives: spectacular and the Tualatin Valley, and; (2) Provide lots p Hood the 4 ec acu ar views of Mount for moderately priced starter" homes: The City planned development overlay ` a useful tool �f• ]� in implementing these objectives. The ability to design for s a aimed deftest : overly is lots with flexible setbacks helps to provide views without 9 width and p p : `tut ,ann unnecessary amount of ' . ' grading. A 1'i I��IX..i +��� y ri,' 1 t �{ �1 "";'_!�1 r. ,'°i�:_•_ •_J: q i '�i!' 1� �ti ��:'M�. Revised 4/24/90 It also reduces the costs of street construction, which will contribute to competitive costs of lots and homes, particularly in Area I. The three requested variances are an integral part of the subdivision design. The applicant respectfully requests approval of the planned development overlay and variances ;dN iW yr� `..e° v:;". 7µ i.i, I T S�.u��;:'wi ,�n �_',j'u.r_o. ,,wr rMN" ,,.Wr l.i. .�.__ i ♦r, a r *ti�� r9�.. ` ,y my iY a '"�''Y— !� W- 04/05/90 12:47 7'503 684 7297 eiTy OF TIGARD ACTIVITY REPORT 001 '..1711111■10111014.1MOMM,..M RECEPTION OK TRANSACTION * 4484 CONNECTION TEL 1 503 635 5395 CONNECTION ID G3 START TIME 04/05 12:46 USAGE TIME 01'05 PAGES 2 ........ tO ,./ ILI .e! ....1 :, ,`,.. :',... r. ,. , 4 ..,j, µ.:rk..N. • J.in ->1 . 1 'Jfi�F�Jlui. u.tl...r.! i..�;r.. >n+AX ,p•A.- .fYYa. ="Y,;1 I.L'iF:.q.> M X. ,•N'>L'W1yt 1. I�Yi�c �. APR OS '90 12:25 OTAK INC. 503 635 5395 P. 1/2 Arclitecro, RC, A;thilfttuie • Civil Engineefing Development Services * Landscape Archtlecture • Land Planning • uttan Design • Surveying FAX 4A. (50) 635-5395 Date: Project: oitw- SEC63ZESZONNICOMBENEWAIMISMICIRIONISSESSEREIBEIMISIStr Pigesa.dude Cover: ' Project #: s r Menage: • TRANSM1 WO: FROM: CC; 34-89:SW Lake Oswego °Moo: I 7056 Ei4W. eggnog Perry Rind t Lake Oswego, °Miler) 006 • (003) 011540 1 0 Vanectiger 011itom 14)1 gatitih Stitet • Vancouver, Waigington 0000 • (WO 6034557 kiti4lend Witte: g6 Cotrgi Way 11108 • Riddiancl, W11000(04 0033 • MA 8t12-44146 APR 05 '90 12;25 OWK INC. 503 635 5395 P.2/2 Jerry: We have to stop (not) meeting like this I've revised the plat per our meeting last week. I have not prepared a new landscape plan or the parkway dedication because our previous landscape Plan (sheet 3 of 5) illustrates a good general scheme for this area. The general scheme is stre 4 t trees and screen hedg on the inside of the area and lawn on the street side. 1 suggest we hold off on further detailing of the landscaping for this area until we know whether the Park Board support . the dedication. Do you agree The construction phasing plan is done on n 11" x 11 sheet. I've also written a brief Justification for the 28' streets. Haw many' copies do you need of these material e? Let me know ASAP and I'll deliver them today. Architects, PC. Architecture • Civil Engineering • Development Services • Landscape Architecture • Land Planning • Urban Design •'Surveying March 26, 1990 Mr. Jerry Offer City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Bfie: ®neii fns' of B o �rkn ...� Project 2731 Dear Jerry: Thank you for researching ruy question regarding the maximum allowed density for Phase 3 p North planned development. Per our telephone conversation of the proposed Bull mountain ITT of March 23rd and our discussion today, I understand from you that the unused density from Phases 1 wad 2 may be transferred to Phase 8. The transfer may result in densities in excess of the base R42 and R -25 zones, bra . this is allowable through the planned development process. . 12.2 acres, including the line right. h unat per We propose that The gross area of Phase 3 ><s �.2. , �n �of-way. this area be approved for a maximum density of 300 units, or 24.6 I r gross acre. This density could be achieved on the site with adequate space for parking„ a recreation center and open space. The existing zoning would allow 264 units in Ph,: a 3, therefore, our proposal for 300 units is about 18% hig1►t,er than the existing zoning. At build -out, Bull Mountain North would have 494 residential units (194 single - family and 300 :multi- family) on 55- acres, for an overall density of approximately 9 units per gross acre. This is approximately 669 of the maximum density allowed under the existing zoning, This letter will serve as McDonald Partners' request for approval of 300 residential units in Ph sae 3 Please convey this request to the Planning Commission for its consideration: Thank you for your assistance. Dills, MCP nner cc: Sylvia Claark Lake Oswego Office; 17355 S,W, Soones Perry Hoed Luke Oswego, Oregon 97035 • (503) 635 -3515 Vancouver Office: 101 East 8th Street + Vancouver, Washington 96650 (206) 695,0557 Kirkland Office; 25 Central Way 4305 Kirkland, Washington 98033 • (206) 822 4446 April 4 199 Inc. Architects, P C Architecture • Civil Engineering • Developn lent Services • Landscape Architecture • Land Planning • Urban Design • Surveying Mr. Jerry Offer City of Ti P.P. Box 23397 Tigard, Oregon 97223 1: Roll Mount ., In North Project # 2785 Dear Jerry: Enclosed is a revised Preliminary Plat for the Bull Mountain North property. This revised plat includes the changes we discussed in our meeting on Manh 30th. As we discussed, the area between our proposed property line and the right -of -way for Walnut Street (90' width) is proposed as a parkway to be dedicated to the City. The parkway would be improved with a 8' asphalt sidewall/bikepath. Landscaping would likely include street trees on the "inside" of the path and lawn side, landscape plan Bull Mountain North. Please transmit this street illustrated theaTid on the Board. If they proposal they recommend acceptance of the dedication, we will prepare a more detailed landscape plan_ as needed. Gary Alfson requested additional justification for the proposed 28' streets. Our reasons are as follows: 1. Consistency - The 23' streets in the east end of the property have been used throughout the project to convey a consistent width for the local streets. Cost - Due to the high cost of the off-site improvements on three sides or the ro e p p rtY';, project this marginally feasible to develops The 28' streets are essential to keeping this project financially feasible. 3• Density i - T e 28' sere t s assist s in achieving the proposed density. The proposed density feasibility. It also provides needed housing units/ as required by the Tigard Comprehensive Plan and Metropolitan Housing Rule Also enclosed for staff review is a proposed construction phasing plan: Please call if you have any questions. Since rely, Dills, AICP Sylvia Clark Lake Oswego (aide: 1/355 S.W 600neS Percy Hoed • Lake Oswego, Oregon 97101)5 • (503) 635.3018 Vancouver Office: I 01 East 8th Street + Vancouver, Washington 98660 • (206) 655.0357 Kirkland' Office: 25 Central Way 4305 • Kirkland, Washington 98033 • (206) 822.444e �u ►..l_LA .. ►•et./ ALL i ION t ! pFtikst Lo C5 t 3' Lf- z zz 3 N Li ZZ S 4 t.0 j-- -PHASE 3 1 5.1v., trist St.. r 7 3 is .3a1 N.f.l.t.V. 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Planning • Urban Design • Surveying April 4, 1990 Mr. Jerry Offer City of Ti P.O. Box 23397 Tigard, Oregon 97223 Re: Bull Mountain North Project # 2785 Dear 'eery Enclosed is a revised Preliminary Plat for the Bull Mountain North property. This revised plat includes the changes we discussed m our meeting on March 30th. As we discussed, the area between our proposed property line and the right-of-way for Walnut Street (60' width) is proposed as a parkway to be dedicated to the City. The parkway would be improved with a 8' asphalt sidewalkfbikepath Landscaping would likely include street trees on the "inside" of the path and lawn on the street side, as illustrated on the landscape plan for Bull Mountain North. Please transmit this proposal to the Tigard Park Board. If they recommend acceptance of the dedication, we will prepare a more detailed landscape plan as needed. Gary Alfson Mquested additional justification for the proposed 28' streets. Our reasons are as follows. 1. Consistency - The 28' streets in the east end of the property have been used throughout the project to convey a consistent width for the local streets. high off-site , three sides of the property, 2. to develop. 28' streets Due to the hi• h cc;e�eoafs the leoii sate on l�eepxng this project is marginally p is s~�re essential to this project financially feasible. 3. Density - The 28' streets assist in achieving the proposed density. The proposed density contributes to financial feasibility. It also provides needed housing units, as required by the Tigard Comprehensive Plan and Metropolitan Housing Rule. Also enclosed for staff review is a proposed construction phasing plan. Please call if you have and questions. incerely, r1C Dills, ATOP Sylvia Clark Lake Oswego Office: 17355 S.W. Scones f=erry Hoed • Lakw: Oswego, Oregon 97035 • (503) 835- 3615 Vancouver Office; 101 bait 8th Street '° Vancouver, Washington 98660 . (206) 695 -0357 Kirkland Office. 25 Central Way 4305 Kirkland, Washington 98033 • (306) 522-4446 Jtl h.L?.' . �.U/ LJ 3LL t SUIN1. i. t Yt'.1' Nest Z 3 9. PHASE 3 7 .$41 N.U.W. RU, L' IUN t 1 Yr./ PHASE 1 PHASE 2 FUTURE MU1T1- FAMILY SITE S.W. WaInu9 Strrrl 1.- 1—, tsaRad g>ar; i• . ▪ \ Baker Dr. 7 s I. 132 :a = ▪ sif ' "i:.3 •,'.1g1; 1.42 .6140 '39 g® _. /_�'r { i• ; P...tk•,.t:- bur' ° r,1 r�'ri 3 /g ! 130 e r199 X1004191 .192'102 ▪ lee 41' y• O ti1 •'sarN{ tz 1134' _` 41 -4-4—;r4.4,7....-4.4.6-., ° ' 'ri4g 50 51` :ire.. t•Jo 1. eZsrt. • ;"itl sni'e- y 139: x,.14 1 143 h4 141:, 1401 .31974"* iii �es°.i• tcy - r.,�te 4,,- 102.'.103 f04 'tOs^, � •� `:r... 15 116.117 »116)1,19..1,-121V 121- 1 $si4 \�-. ,.V s7Y; /Z2�•xm`.. rs.y� y.� � _ �. K. � 57 4.]s•`�..a 9ja. a,4] °. '• f•«. .lI wln11ntiUI LIRJ� w saw= :wwx.awwewswawww w•••s•s 54 55 4..'- 55i�••A: 76' 75' 174; REQUEST FOR COMMENTS March 14, 1990 TO: Engineering Division PROW Tigard Planning Division RE: SUB90 -0004 KRUEGER /MCDONALD CONE CHANGE ZON 90-0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PDR 90-4004 VARIANCE VAR 90 -0008 NELSON/PAULSEN NPO #7 A rec ; aat 2or ' approval to 1) a zone change to alloy application of the planned development overlay, 2) subdivide 42.2 acres into 194 lots in two phases, ?) a planned development overlay to allow phase development, and 4) variances to allow: a) a 34 foot right -- of -way where 0 feet is normally required, b) foot setback wher 20 feet is normally required, ired, c) sidewalks on one side of all 28 oot local str included in the development. A Multi- family development proposed to occupy 12.5 acres of the site may be submitted in thc, future. SONS: R-12 (Residential, 12 units/acre) Scholls 48, Road and 5W 135th th Aven e, south subdivision (WCTM2S1 tax lot 101) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommenCation will be Prepared and near future. If P P proposal you wish to comment on this -. pplication, we need your commMnt0 by d a decision will be rendered on the ro sal in the You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, plsase phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Departheant, PA Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 539 -4171. STAFF CONTACT:60fi L PLEASE CHECK THE FOLLOWING THAT APLY We have reviewed the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter Comments: Telephone number: S 90-0004 004 Additional Comments With respect to my initial comments regarding the drainage . easement, causing potential difficulty in siting houses. The revised site plan dated 54- 1 -96), appears to alisviati,1 the concerns TUALATIN VALLEY Th RES AND BEAVERTON FIRE DEPARTMENT 4755 S.W. Griffith Drive ° P.O. Box 4755 m Beaverton, OR 97076 ® (503) 5264469 FAX 526.2538 • April 16, 1990 Jerry Offer Tigard Planning Department P.O. Box 23567 Tigard, Oregon 97223 }le: Bull Mountain North Plan Development Dear Jerry: Twenty foot wide streets, as shown on this set of plans, will be acceptable by this department provided there is no parking signs placed along both sides of the streets limiting the parking on the very narrow streets and on those streets other than the 20 foot wide streets, no parking signs placed on one side to limit parking on those streets, This Plans Examiner would like to see dead- ends, such as Barker Court, Cooper Lane and St. Helens Court extended through to other roads, public streets. biro hydrant �p ems �t will be coordinated with the Tigard Water District upon submittal of P � Tigard If I can be of any further assistance to you, please feel free to contact me at 526 -2502. Sincerely, ce Tigard. Building Department Worki'csg S a se ctectorrs Save Li e TO: 503 684 1297 % ASH1► TO, CgUP6TY� LAND USE AND TRANSPORTATION 150 NORTH F!RST AVENUE H 1 LL BORO OREGON 9712 FAX NUMBER 1 603-693-4412 riest To: t ., ci ekm atek FAX NUMBER: 1 f PROG NUMBER r,. 3123 qed. ,& pj pidAyn a omridtm 44.' Total flw ber of pages (i nc1 ud ng cover):, eye If all pages do net arrive in legible form, please cony act recept i en i St at (503) 648 -87610 NOTES 414+1 Cs km *4041-1 • pt tment •Ot Land U sand H Yrah0 (0ori Hon, Ad01010tr (Atli* 1.0010 0,. Or001on Oi i 24' Phora #,5O ,/ e40001 FROM: PLNF4O WASHINGTON COUNTY, OREGON Jerry Offer Tigard Planning Department P.O. Bois 23397 Tigard, OR 9722 TO: 803 694 7297 APR 3, i990 1 3OPM X67? Subject: Subdivision 90 -0008 Krueger/McDonald P. 02 Washington County has reviewed this application and hat no objection to it. I would like to emphasize that this property falls within the area of t�ra�ae~� pp� the the proposed da Murray Boulevard Connection, and it appe rs that application that facility adoguately. We do want to ensure that the policies and standard: set forth in the Urban Planning Area Agrsefl ent (attached) are met. The al igne ent shown in the appl iC t ion for S.W. Walnut Streit appears to match that shown in Exhibit B of the UP AA. If o�►n�Caz,t�&'x�e�da��a��'is� Project r or need any ac�ditia�nea�, information please you any questions, Manager, at 64 0..3 5l9 4 Sincerely, Bruce l fanner o ?E1 b1reCtor AttaChMent 150 Nbeth First AVOhU boptiYrnont tli Land IU00 And- Trahaportatioh, Adr 1nf+6tr Mllun f lli or , re on 7124 Phone:, 00/0400061 TO: 503 69 1 7V97 APR 3, 195e1 1 :3J,Pil #677 .C. Special Policies... The city of Tigard, City of Beaverton and Washington COunty have greed to the following $ti pu atiang regarding the connection of Murray Boulevard fro ► Old Scholl Ferry Road to the intersection of SW 121st; Avenue and Garde Str-« ets a Tha City of Tigard City of Beaverton and Washington County agree ' to amend nd ths it rnspec3tiVE comprehensive plans to r., fl.sct the following functional classification on and design considerations: 1, Designations Collector' 2. Number of Travel, I nes H 2 (p1U ," turn l ;.n s at major intorsections) 3. Bike nos Yep 4. Right-of-Way: 60 fees (plus slope easements wb . re nec ss' ary) 5. PaveMent widths 40 foot minimum s m Access a Limited 7 Design Speed: 35 M.P.H. 8. Minimum morning Radius 350 to 500 feet 9. Parkin g FF aCilitie s Nana Provided on Street 10. Upon Verification n. d.. by ,te r i analysis/ r the connection may a Dlanned to a rentua11.. Y` accommodate additional lanea at the murray/Old gdhoi i ,-e errY and Murra l /New Scholia Frr'y` inters ctiang: 11. Wn interetectian of SW 135th AvenUe and the murra y Boulevard connection :�ti�r w x11 he de a igned with Murray Boulevard as through stre et with 135th ue terminating at the md ray ne ecti n with a rT" intersection h . 12. The gane1: � alin� of the �rra evard connection ig illustrated is Exhibit TO 503 684 7297 APR 3. 1990 1 31 Phi #6'77 P. 04 Any 'changes to land use daa ignat iong in the MUrray Boulevard connection a, °ea shall be coordinated with all jurisdictions to assure that traffic inpacts are adequately analysed • The City of Tigard, city of Beaverton9 and WaOhington County stall support improvements to the raggiona1 transportation system as out road in the adopted! Regional Transportation Plan (tTP) A • Improvements tO SW Gaarde street between SW 121at Avenue -,.nd Pacific Highway 99W should occur coincident with the connection of Murr y Boulevard from Walnut/135th Avenue to Gaarde street. r The City of Tigard and Washington County p With involvement by affected property owners, shall jointly develop an alignment for the connection of Murray Boulevard between the 135th Avenue, Walnut Street and 121st Avrenue/Gaerde Street intersections in 1986...6n 503 ` 684 7297 3; 1990 ` 1:32PM #677 P.05 MURRAY BL: CONNECTION GENERAL AUGNMENT 101 1 100 10'p 200 1302 1000 REQUEST FOR COMMENTS March 14, :1990 TO: �� 1� �iaie AA/1A FROM: Tigard Planning Division RE: 30590.0004 KRUEGER /MCDONAL D ZONE CAGE ZON 90-0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PDR 90-0004 VARIANCE VAR 90-0008 NELSON /PAULSEN NPO #7 A request for approval to 1) a zone change to allow application of the planned development overlay, 2) subdivide 42.2 acres into 194 lots in two phases, 3) a Planned development overlay to allow phased development, and 4) variances to allow: a) a 34 foot right- of-way where 50 feet es normally req ired, b) 17 foot garage setback where 20 feet is normally required, c) sidewalks on one side of all 28 foot local streets included in the development. A multi-family development proposed to occupy 12.5 acres of the site may be submitted in the future. ZONE: R -12 (Residential, 12 units/acre) LOCATION: Between Scholl- Ferry Road and SW 135th Avenue, south of the Cotswald subdivision (WCTM 2S1 4N, tax lot 101) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need yoDr comments by 03/26/90. may space provided letter to return You ma use the a ao® rovid ®d below ar attach a macerate le your comment e. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- -4171. STAFF CONTACT:NJOWI (gee( PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Comments: '13 lI Name of person comhenting `.: . Telephone number 4 F ' • March 14, 1130 TO: ktt901 FROM: Tigard Planning Di: vi ;i a ,RDQUE8T FOR COMMENTS RE: SUB90. -0004 dUECER /MCDONALD ZONE CHANGE ZON 90 -0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PDR 90 -0004 VARIANCE VAR 90-0008 NELSON/PAULSEN NPO #7 A request for approval to 1) a zone change to allow application of the planned development overlay, 2) subdivide 42.2 acres into 194 lots in two phases, 3) a planned development overlay to allow phased development, and.4 variances to allow: a) a 34 foot right-of-way where 50 feet is normally required, b) 17 foot garage setback where 20 feet is normally required, c) sidewalks on one side of all 28 foot local streets iec uded in the development. A multi - family development proposed to , . upy 12.5 acres of the site may be submitted in the future. ZONE: R-17 /1identia1,, 12 units /acre) LOCATION: Between Schol1e Ferry Road • 135th Avenue, south of the Cotswald subdivision (WCTM 281 48, tat 31) Attached is the site plan and applicants statement for your review. From information supplied by various: departments and agencies - nd from other information available to our st ff, a report nd recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 03/25/90. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this natter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: �` U PLEASE CHECK THE FOLLOWING THAT APPLY. We have a~eviowed the propoea]. and have no rib ectiono to it. Please contact of our office. le //Please refer to the enclosned letter.. Comments: ments CU ?cam-% Nafte of person commenting: Telephone number: 6 / °V3,7 BEAVERTON SCHOOL DISTRICT SUPPLEMENT TO IMPACT STATEMENT Development Bull Mountain North Date March 16 1990 ---- .......— - - . Projected Number of Students from this Available Actual* School .Enrollment School Name Capacity ,9 -30-89 Proposal - - - Elementary Sexton Mountain 528 499 56 ........______- Intermediate Mt. View 1025 940 23 High School Aloha 1800 1526 ' 21 Additional Comments: Beaverton School District projects an additional 100 school-age students from this proposal to construct 194 single-family dwellings (please refer to memo of August 1987). The number of additional students resulting from this proposal could be housed at the intermediate and high school levels. At the elementary level, Sexton Mountain is near capacity. Elementary Level: In September 1989, Sexton Mountain Elementary School opened at SW 155th and Rigert. Opening emrollment was 499 students, calculating kindergarten at one-half. Due to rapid residential growth in thiS portion of the District, it is projected Sexton Mountain will reach capacity during the 1989-90 school year. Options for housing the projected growth in this area are limited, . . . All elementary schools in the southwest portion of the District have had classrooms added to the existing structures, which brings them to maximum capacity. In addition, eleven portable classrooms are being used at the four schools adjacent to Sexton Mountain. As of October 1989, the School District had documented that 1620 single-family dwellings and 2763 multiple-family dwelling8 are yet to be built and occupied within the boundary of Sexton Mountain 2 Elementary School. Based on current factors used to project student enrollment in new housing projects, the District projects 1387 school-age stud e nts from these developments (821 of them at the elementary level The District recently' appointed a Citizen's Committee to study long -range facility needs. This Committee has yrecommended gaa bond • ' .. • n . The School District issue for the construction of new facilities. will be able to accommodate excess student enrollment generated. by additional deVeiopments if they can a,n acquire qur� needed school sites and pass a bond measure in June of 1990. Jerry Pflug Director, Fac 591 -4310 Joy-Gay Pahl Demographics 591 -4319 AM Pala Dilutor lIt Nanning , coostruction &Avail:in SAGO Died #48 1anni 3 1: ) Kindergarten students are calculated at 1/2 for housing, facility purpose August 17, 1987 eaverton S chSchools District No 48 P.11 Box 200 &la vernm Orepor 9707 5 503/591 -8004 Beaverton Schodl District has completed an Update of its demographic survey , The purpose of the survey is to determine the average number of students per dwelling unit. . This information will assist us in antics ating future enroll-' tents within new housing developments, and will aid in planning for the mot efficient use of school facilities. As a result of this survey, we will use that following factors to project student populations in new housing developments SINGLE -FAMILY DWELLINGS 4G preschool children per dwelling , g .29 elementary students per dwelling .12 intermediate students per dwelling .11 high school students per dwelling .52 total school-age students per dwelling(1) MULTIPLE FAMILY /CONDOMINIUM DWELLINGS 07 elementary students per dwelling .04 intermediate students per dwelling P dwelling fi3 high school students lin 9 ntsdents��er dwelling(1) 1� 14 total school-age students p g( (1) Grades 1-12 Demographic Pahl Demo graphic Data Specialist JAVLETTER3 J • REQUEST FOR COMMENTS TO: Fire District #1 'ROM Tigard Planning Division RE: SC890-.0004 KR GER /MCDONALO ZONE CHANGE ZON 90 --0008 SUBDIVISION 90 -0004 I 2 D LOI NToPAR. 90-0004 VARIANCE VAR 90 --0008 NELSON/PAULSEN NP # request approval to 1) a zone change to allow application of the plann , development overlay, 2) subdivide 42.2 acres into 194 lots in two phases, 3) a planned development overlay to allow phased development, and , ) variance to allows a) a 34 foot right-of-way way where SO feet J. : normally imquired, b) 17 foot garage setback where 20 feet is normally r c) p e ,side of all 28 foot local streets included in the develop, gent. oA multi-family development proposed to occupy 12.5 acres of R 12 (Residential, 12 the site Zr be submitted La th f 4,&t9�lrC a ZONE: -' unit /acre) LOCATION: Be weep Scbol]:a Petry Rond and SW 135th Avenue, south of the Cotswold subdivision (W 'M 251 48, tax lot 101) TUALATIN VALLEY FIRE & RESCUE AND BF.AVERTON FEU DEPARTMENT GENE. rIiCMILL Deputy Fire Marshal/ Plans Examiner 503 - 526.250 FAX 526.2636 it Ficaanta statement for your review. From partments ancd. agencies and from other , a report air; t1 recommendation will b ndered on the proposal in the near future. aationc we need your comments by 03/26/90. raw are attach a separate letter to return to respond by the above date, please phone your comments and confirm your comments in 4756w , stimeh I1vd • saverttan, Qrogan have any quest ions regarding this matter, _,,._,. _ -----.-v dcgem. aafrnt a PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT o -'3 f kl OCC6( PLEASE CHECK THE FOLLOWING THAT APPLY We have reviewed the proposal and have no objections to it. of our off ice. wonevermaii Please contact Cf Please refer to the enclosed letter. Comments 11i,_ + c4m,...s..: de-t.-m. ...+ -., Name of person commenting: Telephone number: REQUEST FOR COMMENTS TO: Building Division FROM: Tigarl Planning Division RE 8U290- -0004 KRUEGER /MCDONM D ZONE CHANGE ZON 90 -0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PDR 90 -0004 VAR '"E VA 90 -0108 NELSON /PAULSEN NPO #7 A request for apl:>rcval 'e 1) a zone change to allow application of the planned d velopmee. overlay, 2) subdivide 42.2 acres into 194 lots in two phases, 3, a planned development overlay to allow d 4) y w phased dev ®�.opment an variances to allow: a) a 34 foot right-of-way where 50 feet Y rmally required, b) 17 foot garage setback where 20 feet JAI normal. y required, c) sidewalks can one Side of al1.26 foot local streets included in the development. A multi - family development proposed to occupy 112.5 acres of the site may be submitted in the future. ZONE: R -12 (Residential, 12 units /acre) LOCATION: Between Schollcs Ferry Road and SW 135th Avenue, south of the Cotawald subdivision (WCTM 251 4a, tax lot 101) Attached is the site plan and applicants statement for your review. From information su pp lied br various departments and agencies and from other information available to our staff, a report and recommendation Will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on application, we need your comments by 03/25/90. this You may use the space ro lled below ar attach a separate letter to return your phone y � � y caaYmm►hents�. If you are unable to respond by the above date, please th - staff contact not below with your comments and confirm your comments in writing as soon as pr risible. you y questions regarding this matter, 1 f aaa heave aul contact the L igard Planning Department, PO Box 23397, 13125 SW Hall Blvd., igard, OR 97223. PHONE: 639-4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING THPAT APPLY: We have reviewed the proposal and have no objections to it Please contact of our off; Name of person commenting: Telephone number: Bull. Mt North Subdivision Zuiiding Dept CoMments Private Storm Drains must be provided as T' have indicate' . on page 5 of the Preliminary playa: X, object to the open drainage ewale th t intereectA the subdivision in about the middle. The open ewale runs through parts of property that be co side d bu. ld ng lots. The awale will make it difficult if not impossible in considered building fit a house on the lots, without encroachin g into it. It will be a nightmare for the City to keep the Swale clear of dirt, debris and fill material during the construction of homes and ;hereafter when homeowners use it '' dumping level back, yard. The building Vie, a a�� ins .axes b or fill in f e� a more departtment will not take responsibility of problem that occuz from this if it is aapproVed as is. March 14, 19Fl9 TO: FROM Tigard Planning Division RE: SU3390 -0004 REQUEST FOR COMMENTS ERUEG ova /HCDONALD ZONE CHANGE ?ON 90-0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PAR 90-0004 VARIANCE VAR 90 -0008 NELSON /PAULSEN NPO #7 A request for approval to 1) a zone Chang R. to allow application of the planned development overlay, 2) subdivide 42.2 acres into 194 :lots in two ph see, 3) a planned development overlay tc allow phased development, and 4) variances to allow: a) a 34 foot right-of-way where 50 feet is normally required, b) 17 foot garage setback where 20 feet is normally required, c)_ sidewalks on one side of all 28 foot foal streets included in the development. A multi- family development proposed to occupy 12.5 acres of the site may be submitted in the future. ZONE: R -12 (Residential, 12 units/acr ) LOCATION: Between Sohol.ls Ferry Road and SW 135th Avenue, south of the Cotewald Subdivision (WCTM 281 48, tax lot 101) Attached is the site plan and applicants statement for your review. From pP by p 9. rom other information supplied b various d4 .�a�t�q ®ntS and a ��r,.Giea and f information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposa1 in the near future. if you wish to comment on this application, we need you cot menta by 03/26/90. You may use the space provided below ar attach a separate letter to return your comments. If you aro unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in Writing as soon as possible. If you have array questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 - 4171 STAFF CONTACT: PLEASE CHECK THE FOLLOWING THAT APPLY We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Comment at of our office Name of person commentin Telephone number:_ 4'? (...7. 9- S'06)Z-- REQUEST FOR C0NNTS March 14, 1990 RECEIVED MAR 1 5 1990 PLANNING/BUILDING FROM Tigard Planning Division RE: 8UB90 -0004 KRUEGER /MCDONALD ZONE CHANGE zon 90 -0008 SUBDIVISION 90 -0004 PLANNUID DEVELOPMENT PIER 90 -0004 VARIANCE VAR 90 -0008 NELSON /PAULSE N NPO #7 A request for approval to 1) a zone change to allow application of the planned development overlayo 2) subdivide 42.2 acres into 194 lots in two phases, 3) a planned development overlay to allow phased development, and 4) variances to allow: a) a 34 foot right -of -way where 50 feet is normally eeired, b) 17 foot garage setback where 20 feet is normally required, c) sidewalks on one side of all 28 foot local streets included in the development. A multi-family elev= lop erns proposed . rto occ occupy acres of y Pm py the site may be submitted in the future. ZONE. R-12 (Residential, 2 units/acre) LOCATION: Between Scholl.® Ferry Road and SW 135th Avenue,, south of the Cotswald eubdiviaion (WOTM 281 48, tax lot 301) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near , future. if you wish to comment n application, we need your comments by 03/26/90. You may use th space provided below'ar attach a separate letter to return may your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments nd confirm your comments in writing as Noon as possible. If you have any questions rega ding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 839 -4ii1. STAFF CONT CT a V D'OCcir PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Comments: Nio Name of person commenting: Telephone numbers '. REQUEST FOR COMMENTS Larch 14, 1990 TO: P.O .E. FROM: Tigard Planning Division RE 8UB90 0004 KRUEGER/MCDONALD ZONE 90-0004 CHANGE ZCN 90 -0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT PDR VARIANCE 0 90-0008 NELSON/PAULSEN NP0 #7 A request for approval to 1) azon change to allow applie = tion of the planned development overla y, 2 ) subdivide 42.2 ac res in e 19 4 lots in two phases, 3) a planned development overlay to allow piafl.„aed development, and 4) variances to allow: a) a 34 foot right -of -way where 50 feat is normally `! 'eG, ,fir4 d, 1"0) 17 foot g = rage setback where 20 feet is normally ly required, 0) sidewalks on one aide of all 28 foot local streets included in the development. A multi-family development proposed to occupy 12.5 acres of the site terma submitted .n the future. ZONE: R -12 (Residential, 12 / -•) LOCATION: 1letween Scho .ls Ferry Road and SW 135th Avenue, south of the Cotawald subdivision (WCTM 281 4B, tax lot 101) Attached is the site information supplied by�variovs departments and agencies your and�fromw• From : T P P � from athgr, information available to our ataf, a report and r- commendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we reed your comments by 03/26/90. , You may use the Space Y P provided below ar attach a separate letter to return y . r your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If ou have any y queations regarding this m - tter , contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT:•,,Arir 0II1 PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter. Comments: Name of person oo tenti ► ,, Telephone nn era � �.�'- �. - `3 -•-" i 1 • REQUEST FOR COMMENTS March 14, 1990 TO: Tigard Water District FROM: Tig rd Planning Division RE: SUB90 -0004 ERUEGER /MCDONALD ZONE CHANCE ZON 90 -0008 SUBDIVISION 90 -0004 PLANNED DEVELOPMENT Poet 9r -0004 VARIANCE VAR 90-0008 NELSON /PAULSEN NPO #7 A request for approval to 1.) a zone change to allow application of the planned develent overlay, 2) subdivide 42.2 acres into 194 lots in two phases,' 3) a planned dev lopment overlay to allow phased development, and 4) variances to allow: a) a 24 foot right-of-way where 50 feet is normally required, b) 17 foot garage setback where 20 feet is normally required, c) sidewalks on one side of all 28 foot local streets included in the development A multi- family development proposed to occupy 12.5 acres of the site may be Submitted in the future. ZONE: R -12 (Residential, 12 units /acre) LOCATION: Between Scholia Ferry Road and SW 135th Avenue, south of the Cotswold subdivision (WCTM 281 4B, tax lot 101) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 03/26/90. You may Use the ®pace provided below or attach a separate letter to return your comment,. If you are unable to respond by the above date, please phone the staff contact noted, below with your comments and confirm your comments in writing as soon as possible. If you have aay gAestions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: G39 -4171. STAFF CONTACT:-..)0110-1 OT`- PLEASE CHECK THE FOLLOWING TEAT APPLY; j XX We have reviewed the proposal and have no objection, to it Please contact of our office. Please rifer to the enelosed letter.. Commerntai i Name of person comMentingg • MENDOANDEM CITY OF TIGARDg OREGON TO: Jerry Offer, Assistant Planner PROM Gary Alison, Tranaportation Engines RE: ZON 90-0008, SUB 90-0004, PDR 90-0004, VAR 90 Krueger/McDonald Comments: 08 April 30, 1990 The applicant has proposed to develop a 54.7 acre site into . 38 acre, 194 lot single family development and a future 12.5 acre multi-family development. The site is zoned R-12, R-25, and C-N. The 4.2 acre C-N portion of the fate is not proposed for development at this time. The zone change request is for a proposed planned development overlay. The variance is requested to allow a narrower right-of-way and pavement width, sidewalk on one side of three internal public streets and six foot high fences along the front of 10 lot. The applicant's engineer "OTAK" has submitted a report in support of the planned development overlay and the variances. The engineer has also submitted a preliminary plat, site analysis, landeeeping plan, grading gen, and a composite utility plan. iflgz 1. Access to the site is proposed via an extension of Walnut Street (also known as the Murray Boulevard extension), west from 15th Avenue to Scholls Ferry Road. Two public streets accesses are ahoWn to connect to Murray Boulevard, one across from Wilton Avenue and the becend approximately 500 feet east of Schollo Ferry Road. The accesees are spaced approximately 900 feet apart and are acceptable. Future accesses to the south are proposed to provide for potential future connection from the Fern Street area, approximately 900 fset and 2200 feet west of 135th Avenue. The access locations are proposed to be centered on lot lines of larger parcel which have potential fot future partitioning. The locations shown are acceptable4 2. The alignment of Murray Blvd. is defined in the Urban Planning ,Rxea Agreement (UPAA) between the City and Washington County adopted in November, 1988. The UPAA was established to enable the CoMprehenzive Plans of Tigard, Beaverton, Washington County, and the State tO be consistent as required by Statewide Planning Goal 4 2 Murray Boulevard is deeignated as a Collector street with 2 travel lanes, a design speed of 35 mph, a minimum 40 foot pavement width, bike lanes, limited access, Within a 60 foot right - of -wayi The UPAA provides for additional lanes at the Scholls Perry ENGINEERING COMHENTS - KRUEGER/MCDONALD SUB 00-,0004 PAGE 1 ' • " ' 4.7 ' • • • intersection and turn lanes at major intereectione. The intersection of 135th Avenue to the north is to be a "T" intersection, with Murray Boulevard as the through street. 3. The impacts of potential traffic from this site were considered as part of the Northeast Bull Mountain Traneportation Study Report issued in January, 1990. The site is proposed to be developed to a density of approximately one half of the allowable density which was used in the study. This study assumed that Murray Boulevard, as defined in the UPAA, would be constructed as part of the collector street system. The study includes a traffic analysis which concludes that additional lanes may be needed on portions of Murray Boulevard when the Bull Mountain area is fully developed. The reduced density proposed will not affect the traffic analysis conclusions. The Study Report recommends that right-of- way be reeerved to provide for future construction of these additional lanes if and when they become necessary. Based on a review of the traffic aealysis, the proposed development, and the provisions of the UPAA, we recommend that Murray Boulevard, where it abuts the proposed development, be constructed as follows: A. A two-lane street with a minimum width of 40 feet within a 60 foot right of way. B. A 44 foot wide street with a minimum 100 Poet long center turn lane at all inteesections. C. Additional right-of-way be dedicated to 45 feet from centerline to provide for the construction of future additional lanes ae follows: a. On both sides of Murray Boulevard between Scholls Ferry Road and the first street of the eubdivision, to provide for future additional lanes at the Scholls Ferry Road intersection. b. On the west side of 135th Avenue, 100 feet from the south boundary of the subject site to provide for a future right-turn lane. o. On the north 'tide of Murray Boelevard (124-eiesig from the new intera-ction of 135th Avenue to the exist ng right-of-way of 135th Avenue, to provide for a future right-turn lane, D. Transition6 it right-of-way width should have a taper rate of 15 1 or flatter. 4. The new alionment of Murray Boulevard should be improved to the standards shown above to provide two through lanes, a center turn lane where necessary, bike lanes, curbe, and six foot wide sidewalke on both elides. A minimum of half dtreet improvements should be constructed where the aubdiviaion abuts the existing right-of-way of 135th Avenue, The improvementb should provide for 2 ldned of traffic. ENGINEERING COMMENTS - KRUEGER/MCDONALD SUB 90-0004 PAGE 2 5.- 135th Avenue should be extended from the 135th Avenue LID improvements to Murray Boulevard as a 40 foot wide roadway with curbs and five foot wide sidewalks. 5. Scholia Ferry Road is a State Highway and is currently a two lane paved roadway with gravel shoulders and ditches. The State has commented that the intersection should be evaluated to determine the interim improvements needed to handle the existing tr ffic at the Murray Blvd. intersection. p p development of the commercial Future improvements would b ® imposed � should be dedicated to 45 site and the multi-family feet from centerline. The proposed development plans show the loop street between the two y � d to be a variation The accesses to Murray Boulevard to be ovtorlo al stre ©t standardsiatThe streets within the single family development P p+� to the standard as 28 foot wide paved streets, with curbs and a sidewalk on one aide, within a 37 foot wide right -of -way. In the eastern position single family division. 20' wide paved alleys within a :30 foot right - of-way are proposed between each street. The planned development overlay rs4uested allows for narrower street widths with adequate justification. The eastern portion of the site .1s on a hillside with varying degrees og eteepness. The avplic.ant-s report indicates that the reduced width and one side sidewalk will limit the amount of earthwork and preserve the views '.o the north and east. The alleyways have been proposed in the site plain to prcee rle additional access t As pre pose +oat lots in the eastern portion of the single to each site. e a p p family division will here cess to an alleyway and the public street. The staff has no objection to the reduced street and right of way widths and sidewalks for the eastern portion of the site. The proposed alleyways tend to offset the need for sidewalks on both sides of the street. a1 �.- A major portion area" within . p have 3 p Alleyways are not proposed in th e tutee grade �throughout. e central �eya within i�he loop road does not area Therefore, we find no justification for variances to street staanda s. 3. The site drains toward the north to Murray Boulevard o A drainage Swale el t Maintenance ao of this exists running licant °�vithira a 50 foot iwide public easement. in a natural this by the applicant should be part of the CCR s for the adjoining lots to prevent filling or dumping of refuse into the Swale. Street crosainge of this drainageway should be designed for the ultimate development of properties upetrea m. Improvements; coordinated with a new storm drainage line planned for r135thn Avenue uSouth of WainUt Street. Backlot drainage should be provided for the Iota which drain away from the street. ENSINEER NC COMMENTS EtRUEa R/MC®oN SUB 90- 00044 • MEETING NOTES - Pre Application Conference ATTENDEES: Gary Alfson, City of Tigard - Engineering Greg Berry, City of Tigard - Engineering Jerry Offer, City of Tigard Planning Tony Bonforte, McDonald Partners Sylvia Clark, McDonald Partners Greg Kurahashi, OTAK, Inc. Tony Rathbun, OTAK, Inc. DATE: . RE: November 29, 1989 Krueger DT. Parcel - Tax Lot 101 Map 251-4B PJIN� DEC 21 1989 amsonemal.........raamonor • Tony Bonforte opened the conversation with McDonald Partners proposed ideas for the ultimate development of the site. Zoning allows for up to 905 units, but the current proposal is to have mixed use (single and multi-family dwellings) with total development approsimately 700-750 units. • Tony Bonforte mentioned that a market study is now underway, but preliminary data indicates that a "Murrayhill" type atmosphere with upper middle class housing seems to be the direction that McDonald Partners wants to head with the project. Psi Greg Kurahashi stated that no preliminary layouts have been. done as of yet, and an Engineering Feasibility Study was just being started to determine major issues regarding the site. is Gary and Jerry addressed several issues that are yet to be resolved, but their preliminary information is as follows: % ) .° • Murra.y Boulevard extension from New Scholia Ferry Road to 135th Avenue will ., , ultimately be a 5-lane street, so the 70 feet wide existing right-of-way is inadequate \ r and additional right-of-way will have to be dedicated. The extolt amount is unknown, but 10 feet additional is the minimum amount that will be required by City of Tigard, • Murray Boulevard extension to be built as part of the Krueger 11 development will te\ ,,,,.1 be 44 feet face-of-curb to face-of-curb. Sidewalk wer8 not mentioned as a t .'.,‘ t gi, ,\ v requirement, but most likely will be required for both si,Jes of the roadway. Ow' • 135th Avenue frontage will be continued from exieig end of improvements to T into Murra,yhill. The existing 135th right-of-way wll no longer be used. o The City of Tigard vrould like to see Murray Boulevard build all at once as opposed to being phased. Construction would most likely be started at 135th Avenue and work westerlY until the connection was made at New Schollf3 Ferry Road. MEETING NOTES - Pre Application Conference Re: Krueger 11 Parcel Noventher 30, 1989 Page 2ef3 frosmommosrammosseammonwarow The Developer and OT AK indicated that present plans are to build the street in two phases starting at the east end constructing approximately N the length of Murray Boulevard. • The existing alignment of the Murray Boulevard extension has been tentatively approved by the City of Tigard (see County Survey Map No 21,399). Centerline radius of 500 feet at the 135th tie -in is adequate for a design speed of 35 mph. No super- elevated curve is required. Murray Boulevard will be considered a major collector and should be designed to the standards of that street classification. • 300 foot spacing between public street intersections for Murray Boulevard and the Krueger 1I access points. Right..in, right -out entrances would be considered appropriate for the 0.99 acre comrnercial zoned property north of the Murray Boulevard extension, but the City of Tigard considers them difficult to enforce from a traffic safety standpoint. Developer may be proposing two full accesses. • Street lights (Option B) are to be installed along Murray Boulevard by the developer. The lights will then become the ownershi-, of the City and are to be maintained by PG. 0 Maximum grade on Murray Boulevard X12 %, and additional public roadways on- site are not to exceed 15% grade. • Local street standards on -site are 34 feet face -of -curb to face -of -curb, but a 50 feet right-of-way is still required. Public alleys are allowed, but must be a minimum of 20 feet wide. 400 feet roadway maximum for streets with cul -de -sacs (grade maximun = 15%). Water pressure for the site was unknown, but an existing reservoir above the site king pressures for the parcel ar p probably adequate to handle the indicates that working p P proposed development. am will be contacting Tigard Water District to confirm service issues. An 18' trunk line was .. _ re c entl y instal led by along n e w S c ® ll s Perry Boad Preliminary information firm USA indicates that . s �� e can handle the e requirements of the Krueger Parcel that slopes tlu e directianExisting n sanitary sewer stubs on Crest Ct. and Hind= Ct. to the ,forth can be used. MEETING NOTES su r`re Re: Krueger ICI Parcel City of Tigard has indicated that sanitary capacities for the existing 8" line did not appear to be a problem, but Greg Berry was to look into it to insure the capacity would not be an issue if connections were made. Erosion control plans for the site will have to be submitted ` with the construction drawings. The interim rules and regulations on erosion control now apply regarding these' matters. New specifications are soon to be adopted by the City and should be in place by the time we are in from permits Private park and recreation areas will be allowed on-site .te 'help preserve some of the natural terrain that currently exists. Private streets would be considered once a site l gout is developed. Streets can be designed to current private Otreet standards (24 feet street width with curbs, gutter and sidewalk on one side). Jerry Offer will provide us copies of Conditions of Approvals of the two djacerkt y placed on these sites, ,, ktotA)60114 ‘40) c!, e "eel subdivisions and multifamily ante. to see what conditions were l Gary Alfson will confirm alignment at the north end of -of Murray and the aig�t way dedication that will be requested fiord the property. �x4:" IVIgjor issues at this point are centered around _ the Murray Boulevard extensions Additional right-of-way takes by the County may require some roadway re- alignment, but the ndaor concern is how much will be required to be built during the first phase: Tony Bonforte stated that if the Ci ty requires Murray Boulevard to be fully developed durit►g the first phase, the project becomes almost impossible to build due to the costs of the off-site construction. In further conversation with Gary Alfson, 135th is planned as a minor collector 60' right of way and 40' wide pavement. We would also request copies of the Conditions of Approval. We would request that participants in the meeting please contact us if they feel that any of the above information is incorrect or needs to be modified. We will write an addendum if necessary. Please call Gregory Kurahashi or Tony Rathbun at 635 -3618 (FAX: 635.5395). Prii>Pri?70, m1.0 vrif (13 p?riiii.vi, )00 , ,..iky,l,P,,t t 4/-41 4,,,y.P, l',-„y 24' 11,11409; k , 7 ' c),4 N.44,s-'',14203' r?'''27 — 9.,,r21". P5r1 �.. - 4w! ,00 e .71.5; : ,, 4711, Ceti PeY,Pr4f4nrir -1, ,,-,A 17rke 15 P9n°41 Pr141 c ,. .iry IL wW- 1 0401194! t ''-',-',"? r rco)d r Nopo- , ZYr )I-tto 9,1 rv5 '?0-'‘v! wiliorArip, I --,,p1r4) -‘031v-1 q/7 yexiiii ,7p120(y plIV14141499 £ 1912141 p7 - 1177 POO r Y 4t' ld Rid 11119'iti .T101 943 , .°N,1311.,1'n ,,,,V-4_,41 , 0 , '''.9..411141,711.471:091,14 a./ V, w. (m'9 M 5 ) -'14V/:/' y7741,-1-7,--vi "3"8/77 ' P/ipl-7)lip '&101411411/ (110?) pfr7P,A4, ..1 ,p y : wry . 4' f/1( 415 -70-Afivitly 21114-2, 1,2)7 u r Q, ` lrvi� e Se- November 4, 1991 Scott R,usaell 31291 Raymond Creek Road Scappoosa, OR 97056 CITY of TIGARD� OREGON / RE: Amended Decision- Extension of Approval Period for PDR 90 ->044 /SUB 90 -04 (Bull Mountain North Planned Development /Subdivision; location: between SW 135th Avenue and SW Scholia Ferry Road, WCTM 2S1 4B, Tax Lot 101) On September 23, 1991, your representative Craig Petrie submitted a re'4uest for an extension of the a pproval period for the Bull Mountain North planned development /subdivision. The extension was requested in order to allow additional time to record the final plat for the initial, phase of this development. The decision on this application was issued on May 11, 1990 and became a final decision on May 22, 1990. The original approval period will expire on November 22, 1991. On October 23, 1991, T issued a decision extending the approval time for this application for a one year period, conditioned upon automatic revocation of the p a p extension if the pending Plan Amendment /Zone Change affecting the subject parcel is approved. Your attorney, Garry !icMurry, raised concerns with the Planning Division's ability to condition the extension with an automatic revocation if the letter, We have decided to issue an�amendedwdecisi�on granting the November 1, 1991, .� pA Upon y Plan done amendment approval for a one year per- i period expiring an November 22, 1992 without an 'automatic revocaten. ... This amended decision le iedued in accordance with Community Development Code Section 10.32.275. Accordingly, we provide the following finings in support of thin decision. Community Development Code Section 18.8C.030 allows the Planning Division to extend the approval period for a planned development application for one year subject to the Division determining that 1) there have been no changed made to the original conceptual plan approved by the Commission; 2) the applicant i extended approval period; and :3 ) there intends to c�ubmit a final plat during the extends have been no changes in the Plan policies or ordinance provieione on which the original decision was based. Similarly, Code Section 18.160.040 allows the Planning Division to extend a subdivision approval period if the same extension approval standards listed above can be satisfied and if the extension of time will not preclude development of abutting properties. The Planning Division finds that these conditions for approval of an extension exist. No significant revisions to the approved preliminary subd vision plat have been made at this time; therefore, no changes have been made to the approved development plan as of the writing of this letter. However, a Comprehensive Plan Map Amendment and zone change are pending upon the western portion of this Elite. The conceptual planned development plan for lull Mountain North indicated that this area =gad to be reserved for development of up to 300 apartment units. The c�ep ..._.. o � rdig. nate this future multi-family residential sit for If this application is approved, a substantial change would exist that would affect the original conceptual planned development plan approved by the Planning Commission. Since this would create still, be significant t conflict we will approved conceptual development plan that Plan/Zone change based upon urgethe City Councgsrl to deny the proposed p pd u sin such an approval e ot potential use f the lands involved al roved development land and a chary e in the 13125 SW Hall Blvd., PA Box 23391, 1 gded, Oreooh1 97228 (503) 63941171 GF • in the development decision. As you undoubtedly know, this Is ,'just one of our many COnce_ns with the proposed Plan /Zone Change, but it potentially could be a significant issue with regard to this other application. Mr. Petrie's letter indicates that there is an intention to record the plat for the first phase of the planned dev elopment /subdivision within the extended p unawar( of a�':col,` a °gauges in the facts applicable to the deeie+;,.on such as a approval Brad. We substantial c'.liaw3e in the ability of service providing agencies to provide necessary public s ervices to the proposed dam selapment or substantial changes to the roads which would provide access to the site. No substantive changes in the Plan or ordinances on which '':he decision was based since have occurred approval, h the exception of the adoption of solar access requirements original apply to thelcreation of new single - family lots Code Section 18.88.040). However, Code Sectirn 13.88.050 also provides solar access standards to be applied to home consfsTuction on individual lots, regardless whether the lots were created prior to or after the effective date of the solar access standards. Although staff is unable to find specific mention of whether the City Council intended for approved but as yet un- created lots to be required to be re- reviewed for solar accessibility of the subdivision layout, it is believed that the Council intended only for these lots to be subject to the solar access standards that apply to home construction on these lots. Approval of an extension would not preclude development on any abutting property. A twenty lot subdivision was recently approved for development on an approximately five acre parcel abutting the subject property on its southern boundary. That subdivision would not be dependant on the development of the Bull Mountain North project for access or utility extensions,/ although its time the road and utility networks of the two approved but yet unbuilt subrai.srt lions will be joined. It was made clear at the hearing on this twenty lot subdivision that a rEquest for an extension of the approval period for the Bull Mountain North development was going to be made. The proepecW"ive developers of the smaller subdivision had no comment with regard to the needed extension. The Planning Division therefore concludes that the request for extension of the approval period for application PDR 90-04/SUB 90-04 is consistent with the requirements for extension of the approvals for planned developments and subdivisions. The approval period for recording the final plat for the initial phase is hereby extends 6 to November 22, 1992. In accordance with Code Section 18.80.030.D, this decision may be appealed within 10 days of the issuance of this amended decision. The appeal period expires November 14, 1991. Appeals would be heard by the Planning Corrmisai.orl and would be confined to a review of the record in this nattez Further information regarding the subject of this amended decision and appeal procedures may be obtained from the City of 'Tigard Planning Department. Please contact me if ycu have further questions. Sincerely, ffe1 ate, ] -; finer co File Craig Petrie Coal Woo1ery, NPO 07 Carol Boyle, CPO 4$ Carry Mc Murry LI Ficir SO: extension LEGIBILITY ST October 23, 1991 Scott Russell 31291 Raymond Creek Road Sc ppoose, OR 97056 CITY OF TG OREGON RE: Extension of Approval Period for PDR 90-04/SUB 90-04 (Bull Mountain North) Craig Petrie has sebmitted a request ear an exteneion of the approval period for the Bull Mountain North planned development/subdivision. The extension is requested in order to allow additional time to record the final plat for the initial phase of this development. The decision on this application was issued on May 11, 1990 and became a final decision on May 22, 1990. The original approval period will expire on November 22e 1991. Community Development Code Section 18.80.030 allows the Planning Division to extend the approval period for a planned development application for one year subject to the Division determining that 1) there have been no changes made to the original conceptual plan approved by the Commis =lore: 1) the applicant intends to submit a final plat during the extended approval period; and 3) there have been no changes in the facts or ordinance provisions on which the original decision was based. Similarly, Code Section 18.160,040 allows the Planning Division to extend a subdivision approval period if the same extension approval standards lieted above can be satisfied and if the extension of time will not preclude development of abutting properties. The Planning Division finds that theae conditions for approval of an extension exist. No significant revisions to the approved preliminary Subdivision plat have been made at this time; therefore, no changes have been made to the approved development plan as of the writing of this letter. However, a Comprehensive Plan Map Amendment and zone change are pending upon the Western portion of this site. The conceptual planned developne it plan for Bull Mountain North indicated that this area was to be reserved for development of up to 300 apartment unit 6- The Plan/zone change application would redesignate this future melti-family residential site for General Commercial use. If this application is approved, a substan''al change would exist that would affect the original conceptual planned de■alopment plan approved by the Planning Coamission. This would necessarily make any extension of the approval period void. Mr. Petrie's letter indicates that there is an intention to record the plat for the first phase of the planned development/subdivisioa within the extended approval period, We are unaware of any changes in the facts applicable to the decision such aS a substantial change in the ability at service peoviding agencies to provide necessary public services to the proposed development or substantial changes to the roads which would provide accesa to the oite. No substantive changes in the Plan or ordinanceS on which the decision was based have occurred since the original approval, with the exception of the adoption if Solar access requirement0 that apply to the creation of new single-family lobs (Code Section 18.88.040), However, Code Sectton 18.88.050 also provides solar access standards to be applied to home eonstruction on individual lots, regardless whether the lots were created prior to or after the effective date of the solar access standards. Although staff is unable to find specific mention of whether the City Council intended for approved but all yet en-created lots to be required to be re-reviewed for solar accessibility of the subdivision layout, it is believed that the Council intended on]y for these lots to be subject to the Solar access standards that apply to home onstruction on these lots. 13125 SW Hall Blvd, RO. Box 23397 'Nardi Oregon 97223 (1503) 639-411I Approval of an extension would not preclude development on any abutting ;property. ' dare ivi parcel abutting approved for development on an A twenty tot s�ubd�vaLeio�a was recently aoundary. r.a� t subdivision livisio� a would not be e the dependant on the development . f th thull boundary. '�' ]� a Bull Mountain North project for access or utility extensions, ons, although in time th utility pp yet diviaione wil3. bete joined. It was made clear at the hearing on this twenty networks of the two approved but. et eanbuii,t. stub went lot subdivision that request for an extension- of the approval period for the Bull Mounts; in North dev = 1opeuent waa goon to be made. The prospective developers of the emaU er eubd vision had no comment with regard to the needed extension. ThePlanning est: for extension of the 3.anning Divieioaa, therefore concludes that the request' approval, period application Pn 90 -04 /SUB 90 -04 is a with the reriuire>r +nte forf® tension of the approvals for planned developments and eubdivLsiaione. The approval period for recording the final plat for the initial phase ie hereby extended to November 22, 1992. Thai extension is however deconditioned upon no changes being made in the Comprehensive Plan or zoning sig applied any portion subject Planned tDeve10 ent overlay zone t�or in other words, that hportion south of the approved alignment y connection. If any change to the Plan or zoning designations Ls made, such a change oertainxly constitute a change in the original the cones g North pinned . �' Oovelopreent r: proved by the Commission, for the ;teal approval pa ,•, would The extended a rowel �sc�: t1,,esrefore become void upon approval of a plan or zone ehrnge affecting the eultr` ect parcel. Pleaee contact me if you have further questions. Sincerely, ,Vb/2/' erry',A erg/ i/ Associate Planner c: rile Craig P :.f rie Cal Woolery, NWO Carol Boyle, CPO 4B JO: extension September 5, 1991 Mr. Jerry Offer Development Review Planner City of Tigard 13125 SW Hall Blvd. SEP 2 3 1991 Tigard Oregon 97223 RE: Final Order # 90-12 PC---Bull Mountain North PD (part o± Tax Lot 101, •Map 2S 1W, 43, Washington County Oregon) RECEIVED PLANNING Dear Mr. OSEer, As owners of the real property that Final Order # 90-12 PC (approved May llth. 1990) applies to we are requesting a one year extension oe the approval and the 26 conditions which were attached so that we may complete negotiations with a company which will build the Bull Mountain North PD. The upheaval in the financial markets combined with the additional burden o the financing and construction of Walnut Street though our property have made getting this protect under way diSficult. No changes in the final order are being requested at this time. The final plat will be submitted within this one year period. Would you please been granted as Russell and send send a letter confirming that this extension hat soon as postible. Please Address it to Scott a copy to Craig Petrie. Scott Russell 31291 Raymond Creek Road Scappoose Oregon 97056 Sincerely, Craig Petrie The Petrie Company 10920 SW Rarbur Blvd. Portland Oregon 97219 ie - Dat t22 7 September, 1991. Maw -rY F. Crist T0(,stee under the Margery P. Crist Living Trust dated July 10 1988 diik„,„4.64/4„, Datd: c:Istirx R. Cristo Trustee under the Margery F. Crist Living TrUst dated •j1.3•.1( 10 1988 — Wililam Scott RuSsell Individually Arian:M. Date: Septembero 1991. Septemb r, 1991. 0,4 A William Scott Russell? Tra8ted W'J.J.:LLixm Scott Russell, Trustee, under Trast agreement dated December 260 1978 tot the beefit of Zachary tetitis RUSSell and Trustee under Trust Agreement December 17, 1978 for the benefit of Carl Wade Russell. Page Two 9/5/91 letter to Jerry Offer City of Tigard Planning Dept, Date: September, 1391. Thdividual.ly Frederick He Russell, Trustee Frederick Henry Russell Trustee, under Trust Agreement dated May 1, 1985 for the benefit of Relledca Leigh Russell and Trustee under Trust Agreement dated May 2, 1985 for the benefit of .nna Marie Russell and Trustee under Trust Agreement dated may 3, 1985 for the ber ►fit of Stephanie Co Russell Date: . September, , 1991. lse,. R. Weems (formerly known as Peg' R. gyres) Pe R. Weets Pe; Weems December 20, 1978 fOr under Trust Agreement Alan Scott Ayres, and December 21, 1978 for , T rustee (formerly known, as Peggy R. Ayres) , Trustee, under Trust Agreement dated the benefit of Nancy Ayres and Trustee dated December 21, 1978 for the bereft o Trustee under Trust agreement dated the benefit of y Ayres. _ Dated: September, 1991 +e,r R. Weems gas Co- Conservator for Gerald Vincent Russell {Peggy R. Weems was formerly known as Peggy R. l es) ated Lewis Russel» as Co o sa rater for Russell September, 1931.. ge a1dVno t Date: September, 1991:. Individually virgin., t4, R. Mare/ virgin 'a R. Marel 18, 1978 for the benefit Agreement dated December Hawkins. Trustee , under Trust Agreement dated December of Rita Hawkins and Trustee under 19, 1978 78 for the benefit of Kenneth Lee September, Date: ember, 1991. ®... - �` November 1, 1991 Chris Davies City of Tigard PO Box 23397 Tigard, OR 97223 Dear t4r Davies The State of Oregon has transferred jurisdictional responsibility for Sti ch rekr Rd to Washington Coun y Enclosed is as scholia '' �► ty copy of th® agreement between the state and the county. We have been consulted by °TAR on behalf of the Bull Mountain North subdivision relating to the frontage improvements along Scholls Ferry Rd. The county told OTAK to dedicate 3' feet from centerline for right-of-way and assisted in the design of the frontage improvements. Washington County does tot ward 45 feet of r cght -of -way dedicated because Scholls Ferry Rd is not a county artei a1 but, a C-3 major collector. Please revise ottr records to reflect the jurisdictional change. Please reduce the rights7of-way'requirements along Scholia Ferry Rd to reflect Washington County's transportation plan. S ime re ly Michael A Borreson, PE Engineering /Survey Division Manager bilpailenont of Lond a t and Tsren 4 orksatioh, Englevetating stihtibod blvItion 155 North First Avenitc Hillsboro, Orgoiwi 971 Phone: 5061648.8761 PAkt 5031693 -4412 • vim. v�eye. <��'•�,."� , ® °'C"+ 1 ,,. OREGON 13125 S.W. HALL BLVD. P.O. BOX 23397 TI A R D, OR 97223 (503) 639-4171 -4171 FROM.. :Eva:,.1): ','B71:;rt 1 . j OATE . • EA 8 RETURN ONOINAL OORY WITH REPLY, BEEP OINK DOPY F bFi #VOU!R'Pico 06, July 24, 1991 Mr. Steven H. Smith Pacwest Center, Suite 593 1211 S.W. Fifth Avenue Portland, Oregon 97204 -3705 RE: Grist properly /Bull Mt. North plat Mr. Smith: We are in receipt of your letter dated July 5, 1991, in which you detailed the discussion Cit staff had with yourself, Craig Petrie and Scott Russell, and additionally asked some questions. This letter is in response to those questions and to clarify some of the points that were discussed: 1 The existing preliminary plat/conceptual development plan was approved on May p 22, year 22, ,',1990. The approval will be valid until November 22 199one of the extension to the approval may be granted subject to the requirements Community Development Code. A request for extension of the approval period must be directed to the Planning Division. The Planning Commission's attachment of the Planned Development overlay zone to the portion of the property south of Murray/Walnut does not expire. TIF Funds: A. Currently the Traffic impact Fee (TIF) for a single family residence is $1,360 (TIF fees increased slightly on July 1, 1991). B The TIF for apartment units is calcUilated with the following equation a y trip ) (No: of Units) X (6.10; Lea weekday aver tn : rate) X 13800; rate trip) eligible fc►r TIF credits. ImprovementsImprovements to S.W. 135th ar® NOT 1 for a .TIF credit. improvements to Murray/Walnut would be eligible We do not understand your question as to what percentage of the TIF funds are used 13125 Ni Hall BIVda PLO.., �3 639 -4171 Box 23397, �igcardOregon 97223 ��03 • w It is likely that a zone change would invalidate at least that portion of the previously approved preliminary plat affected by the zone change. If a TIP credit has been granted, a subsequent change in zoning does not charge the credit. Keep in mind that the amount of the TIF credit is based on actual construction cost of the TIF- eligible facilities. The amount of the credit may be more or less than the amount of the actual TIF due at the time of issuance of building permits. Planning ; Commission Final Order No 90 -12PC does have a termination date, it expires on November 22, 1 As stated earlier, an extension may be granted subject to the requirements in the Cummunity Development Code. Approval of a different preliminary plat for the parcel would not rev alidate the earlier plat; that is, there may be multiple plat approvals valid fora parcel at one time The applicant for TIF credits may decide how the credits will be apportioned (copy of the appropriate sections of the TIF manual is attached) Copy of section 3.17.070(c) of the TIF manual is attached, as requested. If a new preliminary plat is submitted, Unified Sewerage Agency rules do require water quality requirements be net, New regulations became effective July 1, 1991: The new regulations allow credits (similar to TIF credits ) in some situations; see attached information: 4. For your information and use attached is the Notice of Decision which includes the conditions of approval. 5. The extension of Murray Boulevard to the west is dependent upon City of Beaverton and Beaverton property owners development actions, We are not aware of an y imminent development plans that would result in construction of the rm ans Beaverton portion of the Murray/VValnut connection • Regarding Local 6 In provements Districts, the Tigard Man ic a! Code, Section 1304.040.(d)(1)(A) provides that The council shall not proceed with the formation of the district and the making of the improvement when the property owners swain two-thirds of the property area within this district to be specially g assessed remonstrate against the improvement. .. I not apply This provisions shall in case of. an emergency or to sidewalks as provided by Charter." ' b the Ch any If you have an other questions, or need further clarification, please contact either myself 4 71. R or Jer ry Offer, of the plannin g Department, at 639-41 Christopher F. Davies, P.E. Development Review Engineer aUl4mith.l ow. Randy Wooley Jerry Offer Bull Mt. North SUB/PO file • rR EUGENE E. FELTZ STEVEN H. SMITH JOSEPH D. MCDONALD WILLIAM A, PALMER (1911-1985) • TALMER,FELTZ,SMITH 8 MCDONALD ATTORNEYS AT LAW PACWEST CENTER, SUITE. 593 1211 SW. FIFTH AvEINME PORTLAND, OREGON 97204-3705 July 5, 1991 Mr. Jerry Offer Development Review Planner City of Tigard PO Box 23397 Tigard, OR 97223 RE: Margery F. Crist„ et al Dear Jerry: I wanted to use this letter discussion we had in your office Petrie and Scott Russell visited Randall Wooley. TELEPHONE 248-9535 FAx Ea9:538 0 COMMUNITY OL, as an opportunity to confirm the on May 27, 1991 when I, Craig with you, Chris Davies and Set forth below are some of the points we discussed: 1. The existing plat fgr the s...„,.bject property is good for 18 months. The plat was initially approved in May, 1990 and will be good until November 27, 1991. I also understand that an extension can be applied for to extend that for a further period of time. 2. If the platting was changed, it would require an entire new preliminary plat review proceSS. You indicated it would be eight to ten weeks time from the submittal of a complete application to the hearing date on the plat. However, upon submittal of the new plat there would be a pre-application conference meeting with Chris Davies and yourself at which time a preliminary sketch would be provided of the new platting. At that meeting you would specify what would be needed for the application. 3. TIF Funds. (a) The TIF funds are a set amount per single family lot. Currently the amount of the TIF fund is $10350 per lot. (b) The TIF fund for apartment type units is $10200 per unit. The TIP fund is collected by the City of Tigard from the builder of the single family residence, the apartment compleX„ or commercial development when the builder applies for a building permit. (c) Both Walnut (Murra( extension) and SW 135th extension are eligible for the TIP credits. (d) Whoever putS in the road, suCh as WalinUt or 135th, gets the benefit of the TIP credit. However„ Vhoever PUtS in the Mr. Jerry Offer July 5, 1991 Page Two road can transfer that credit to the builder of the single family residence or the multi family unit or the commercial. (e) I have reviewed the letter which Randall R. Wooley directed to Craig Petrie on June 24, 1991. That letter indicates that the entire parcel owned by Mrs. Christ and her family is eligible for TIF funds and TIF credits. We understand this to include the single family residential agEglinag the multi-family and commercial zoned areas within tax lot 101. What is unclear, is what percentage of the TIF funds is used - is it 100% or a lower percentage. In addition, as you may know, there is discussion at this time of seeking approval to change the area currently zoned for multi-family to commercial and changing the area currently zoned commercial to multi-family zoning. Wonld that change or a new plat result in Planning Commission Final Order No 90-12PC being revoked and a change in the TIF credits or would the Planning Commission Final Order No 90-12PC remain in effect together with the TIF credits. Does Planning Commission Final Order No 90-12PC have a termination date or does it stay in effect permanently. Finally, in Randall R. Wooley's June 24, 1991 letter he states that "any TIP credits issued for the construction of Murray extension/Walnut connector street improvements may be apportioned to any of the property now known as Tax Lot 101. Who decides on how the TIF credits are apportioned? Could you also forward to me a copy of the section 3.17.070(c) of the county ordinance which you refer to in your letter of June 24, 1991. 4. If a new plat is put in now, United Sewage Agency District rules require water quality requirements be met which include certain improvements. The cost will be appronimately $375 per lot. 5. If the section of the property which is platted for single family residences is completed first i then your requirement would be that the tWo -thirds of the Walnut extension would have to be developed. 6. In our meeting you indicated it was not likely that the commercial property could be rezoned from commerOial to mUlti- . _ family or single family without the cooperation of the ownerS of the property, Mrs. Crist and her family. You did indicate that it is possible that the multi family area could be changed to commercial, and the commercial area could be changed to multi family. • Jerry Offer I4iy 5, 1991 Page Three 7. You indicated that if Walnut (Murray extension) is put .through the 60 acres that Mrs. Crist and her family own, that although it is in the comprehensive plan, it i.s not iiEinent that W'a lnut Will be extended through othe r property to adjoin the west end of Murray Boulevard. You explained that while Washington County has input into the planning process, the City of Tigard has the final say with regard to this property. 9. You indicated that if a developer chose to develop only one - third of the single-family designated area, it would not be required of the owner to complete the Walnut Street improvement through the entire property in order to put in other streets. You indicated that the owner cannot be eorccai to rake improvements obi the land without a local improvement district and the owner must approve the local imps ovemei t district. 1 look forward to hearing from you in the very near future for an answer to the questions which 1 have posed in paragraph 3(e) of this letter. SHS: !► cc: Chris Davies Randall R. Woo3.;.ty Scott Russell Yours very truly, Stever H. smith PROPOSAL DESCRIPTION FILE NO SUBDIVISION SUB 90 -0004, PLANNED DEVELOPMENT PDR 90- 00Q,,, ZONE CHANGE ZON 90 -0008, VARIANCE VAR 90 -.000$ FILE TITLE: ERUEGER /MCDONALD APPLICANT: MCD(`NALD PARTNERS 1r,60 SW GREEENBUR`. RD #400 TIGARD, OR 97223 OWNER: MARGERY F. KRUEG+ER RTE 1, BOX 792 BEAVERTON, OR 97007 REQUEST: A REQUEST FOR APPROVAL TO 1) SUBDIVIDE 42.2 ACRES INTO 194 LOTS IN TWO PHASEC. ALSO REQUESTED ARE 2) A VARIANCE TO ALLOW a) A 34 FOOT RIGHT -OF -WAY WHERE 50 FEET IS NORMALLY REQUIRED, b) A 17 FOOT GARAGE SETBACK WHERE 20 FEET IS NORMALLY REQUIRED, c) SIDEWALKS ON ONE SIDE OF ALL 28 FOOT LOCAL STREETS INCLUDED IN THE DEVELOPMENT, 3) A PLANNED DEVELOPMENT OVERLAY TO ALLOW PHASED DEVELOPMENT, AND 4) A ZONE CHANGE TO ALLOW APPLICATION OF THE PLANNED DEVELOPMENT OVERLAY. A MULTI - FAMILY DEVELOPMENT PROPOSED TO OCCUPY 12.5 ACRES OF THE SITE MAY BE SUBMITTED IN THE FUTURE. �^7 LOCATION: BETWEEN SCROLLS FERRY ROAD AND SW 135TH AVENUE, SOUTH OF THE PROPOSED MURRAY BLVD EXOTENS TON (WCTM 281 48 TAX LOT 101) ZONING DESIGNATION: R -12 & R -25 (RESIDENTIAL, 12 AND 25 UNITS /ACRE ) COMPREHENSIVE PLAN DESIGNATIOON: MEDIUM AND MEDIUM -HIGH DENSITY RESIDED TIAL NPO NO a CHAIRPERSON: JAMES BOYS PHONE: 626-0640 STAFF DECISION XX PLANNING COMMISSION DATE U+4 '.7 90 TIME 7. HEARINGS OFFICER DATE / / TIME , : CITY COUNCIL DATE _ /,..,_ /_ TIME XX REQUEST FOR COMMENTS (see attached list) RETURN BY __ / _ ATTACHMENTS: X4 VICINITY MAP XX LANDSCAPING PLAN XX NARRATIVE XX AROBITECTURAL PLAN XX SITE PLAN ST1VF CONTACT PERSON: JERRY OFFER PREPARE ;'OD1 PLANNER APPROVAL: XX ADVERTISEMENT =- TIMES 0122/90 FOR PUBLIC HEARING NOTICE NOTICE TO PROPERTY OWNERS TO BE MAILED / LETTER OF ACCEPTANCE OF APPLICATION �„-„ /, /�_ NOTICE TO DLCD - ATTACHMENTS: Maki imotms, • l(MaTina '414.0M'S .issvatv March 12, 1990 14 MIlk.VPAI6 t N"MK,",oilIVATI IrMtittM, .V101510iRkW IC496.41,11;41 WANIIRSPPAI VEZT.U.V:c ANtrAaAt41* 4;1„.41WillMitft& ght tt§g;:tiNk .Mr-F4'474TM `,.T.ce,WANkit1/4.fta.) 'NW %WA rotanskIn hzewigi4zo ‘VsniZLIM.V.i ,IlatiA0c4M44.% wowtjamak1/41.: :4-irk.V6Mcks-R, Sz,P,i;NATIMPIA 't44,aVINIPA1'W "WI:Vtad,,N1 ,,1041F-Mti4K4M 4itiOtk.1/410A1M,4 ."040,40140\MAKI of4446%,:cri=AU WeiitMitt;'41V 4410714( *"-ft'Mk OXIK1106Wi.VIW. Z4:114! ,t( Ms. Viola R. Goodwin Community Development Departmelh City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Ms. Goodwin: Please find attached a copy of the Purchase and Sale Agreement for the project submitted to you under the title of '011 Mountain North Planned Development and Variance Request." If further information is needed, piease call. Very truly, MCL.:" :ALD PARTNERS Sylvia Clark • ,, �i�,w'�,p •y S f, N. fl Jerry Offer;`, Assistant Planner City of Tigard P.O. Box 23397 Tigard, OR 97223 Dead: Mr. Offer 1 an an owner of property on the north side of Bull Morn ain, identified as Tax Lot 101 on an Assessor s l ap 2S1 4B in Tigard, Oregon. 1 hereby authorize McDonald partners to apply for a Planned Development Overlay with necessary Variances ,��� for the development of thiE property. Cerely, DATED: SALE AGREEMENT February 19, 1990 BR Russell A. KruecJer 1335 S. W. 66th Avenue, No. 402 Portland, Oregon 97225 AND and Krueger Development Co . , an Oregon `Corpoatiorn 1335 S. W., 66th Avenue, i�o. 402 Portland, bregon 97225 SELLERS McDonald Partners, a„ California Corporation 10260 S.W. Greenburg Road Suite 400 .. Portland, Oregon 97223 PURCHASER RECITALS: A. Krueger and Russell A. Krueger enured into an Margery ege� �n "Option A.. reemenat" on September 29, 1978, wherein ns Margery F. eX u erg ru 9 Kruger, as Seller, granted Russell A. Krueger, � sine, irrevocable right to purchase that certain real property Exhibit Al attached hereto and deer reference as hough et forth in full ("the Property"); thy. Margery F. Krueger, as GrantOre transferred and conveyed percent (1%) ownership interest in the Property to an �$d�:��de� one p they 2 ^ I _ . er a ® 197 a and aA�r wale r� ����' each of ���. �allo'a�ing Grantees on Interest each undivided one percent � lac) � 4 t�� 8# I.479 # so that eao of each of the following rantees ®n Janu4 such Grantees maintains an aggregate undivided two percent (2 %) ownership interest in the Property: (a) virgin a R Hawkins, _. TruStee under Trust Agreement dated Deoe pbe1 10 q 1975 a wherein Grantor is S tt1. rd created for the benefit of It Hawkin . ( Virginia R.,R awkinse Trustee under Trust A r �m m nt (dated 978 0 wherein Grantor is Sett1 r a created or the benefit of Kenneth Lee Hawkins; Fade 1 SALE AGREEMENT ' 4 , I (c) Peggy Belle R. Ayrea, Trustee under Trust Agreement dated December 20, 1978, wheleii% Grantor is Settlor, created for the benefit of Nancy Ayres; (6) Peggy Belle R. Ayres, Trustee under Trust Agreement dated December 21, 1978, wherein Grantor is SetLlOri, created for the benefit of Alan Scott Ayres; (e) Peggy Belle R. Ayres, Trustee under Ttlst Agreement dated December 22, 1978„ wherein Grantor is Settlor, created for the benefit of Amy Ayres; (f) William Scott Russell, Tru tee under Trust Agreement dated D3cember 26, 1978, wherein Grantor is Settlor, created for the benefit of Zachary Lewis Russell; (g) William Scott Russell, Trustee under Trust Agreement dated Deceuter 27, 1978, wherein Grantor is Settlor, created for the benefit of Carl Wade Russell; (h) Peggy Belle R. Ayres, individually; William Scott Russell, individually; Virginia R. Hawkins, individually; Frederick Henry Russell, indiVidual/Y; and Gerald Vincent Ruasell .individually. (i) (j) (k) (1) C. Ruasell A. Krueger transferred and assigned a five percent (5%) intere t in the "Option Agree ent," dated September 29, 1978, to Krueger Development Co., on April 19, 1983; D. Russell A. Krueger transferred and assigned a ninety-five percent (95%) interest in the "Option Agreement, dated September 29, 1978, to Krueger tevelopment Co., on March 27, 1985; E. Russell A. Krueger and Krueger Development Co. entered into an '''Amendment to Partial Assignment of Option" on September 17, 1985, wherein they amended the "Partial As ignment of Option" that they hAd executed on March 27, 1985; F. Margery P. Krueger, as Grantor, transferred .;nd coLveyed an undivided one Percent (1%) ownership interest in the prope,rty to each of the folloWing Grantees on June 5# 1985; (a) Frederick genry Russell, Truste ment dated May 1 1985, wherein Gtantor 13 the benefit of Rebecca Leigh Russell; (b) Prederick Henry Russell, Ttastee gent dated May 2, 1985, wherein Grantor is the benefit of Anna Marie Russell; and Page 2 - SALE AGREEMENT under Trust Agree Settlor, created for_ under Trust Agree Settlor, created for 4 • (c) Frederick Henry Russell, Trustee under Trust Agree- ment dated May 30 1985, wberbin Grantor is Settlbr, created for the benefit of Stephanie Jo Russell. G. Margery Pe Crist0 formerly known as Margery Fib Krueger; Virginia R. Hawkins, Trustee under Trust Agreement dated Decem- ber 18, for the benefit Rita • r ; V rgnia R. Hawkins, Trustee under Trust Agreement dated December , i for the bene- fit of Kenneth Lee Hawkins; Peggy Belie R. Ayres, Trustee under Trust Agreement December eement dated De 20, 1978 for the benefit of ; Hancy Ayres; Peggy Belle R. Ayres, Trustee under Trust Agreement dated December 21, 1978 for the benefit of Alan Scott Ayres; Peggy Belle R. Ayres, Trustee ender Trust egra'ement dated December 2 a, 1975 for Amy y rustee under the benefit of Ayres; William Scott RuSaell a '� Trust Agreement dated December 26, 197'1° for of Zachary; Lewis Russell; William Scott Re :30211f , under Trust Agreement da .... fe d December 27 , 1978 for the benefit it of Carl Wade ueel l; Peggy Belle . y Russell; Virginia R. Hawkins; Frederick Henry Russell; Gerald Vincent Russell, by and through his conservator Lewis Russell; r Henry � Russell, Trustee under Tr t Agreement dated �� 1�955 for the benefit of Rebedca Leigh x ck Henry Russell, Trustee under Trust Agreement Russell; tee May 22, 1935 for the benefit of Agana Marie Rues311; Frederick Rena;, ��nssell, Trustee under gust Ag 1985 for benefit of r regiment dated icy 3 19 .... Stephanie . Russel/4 ®Ruas sell A Krueger; and Krueger Development Co. entered into an ®Amendment to Option Agree s nt, r" on July 27, 1987, wherein they amended the original 'option Agree- ment," dated Septembers 29, 1978; I. The original "Option Agreement," dated September 29, 1978 ash amended by the "Amendment to Option Agreement, ° dated July 27, 1987, i hereinafter referred to as "the Krueger Option"; ' approximately of land 1 m Property contains a rox�.tely 5� � 70 The �ro'�ert �,.a�nt and is presently zoned R °12 and R-25 for residential development; J. Purchaser desires to purchase the Property from Sellers; K. Sellers are willing ,to exercise the Krueger Option# ac- quire the p y r sell the same to fee on title to and conditions set forth herein; Purchaser on the t NOW THEREFOR in con sid ration of the mutual promises and conditions contained herein., and in exchange for good and valuable considertion, the parties agree as follows SECTION AGREEMENT of sALE .m d purcireasse� a�twithstat ding any Prove in the 1 dale an g on ry, Sellers agree to sell the Propert Krueger t. �n � r�ca�nutra a� the to Purchaser, and Purchaser agrees to purchase the Property r Page 3 °° SALE AGREEMENT Sellers, for the price and oa herein 1.2 Purchase Price. Purcha °w.er promisee to pay Sellers as the total pure use pr ae car the Property the sum of 2, 827,530 (the "Purchase price"). 1.3 OW S: of Purchas e Pr Put chase The total .Pu : sase Price shall pay d as 1.3.1 Purchaser has executed and delivered a Promissory Note in the sum of $28,275 to Sellers, as N:n earnest money deposit, the receipt of which is hereby acknowledged by Sellers (the "Earnest Money Note"). Purchaser shall redeem said Earnest Money Note April a 1930e provided Purchaser has not rescinded this Agreement prior to said date under Section 3.3 below, which cash Shall be paid d5 rect1y to Sellerk3 and credited to the Purchase. Price on the Closing Date. Said earnest money shall be deemed nonrefundable after ,April 200 1 990 and shall he retained by Sellers in the event the sale fails to close through no fault of Sellers. 1.3.2 The earnest money provided fo,i : under Paragraph 1 and any additiOna1 earnest aloney paid by Purchaser under Pat. gr,�ph 5.2 below, shall be credited to the Purchase P7Sce on the Closing Date. 1.33 Purchaser shall pay the remaining balance of the Purchase Price to Seller in sash on the Closing Date. SECTION 2 ESCROW . . Escrow. The parties shall, upon mutual ex cution of this Agreeu ent'� wediate1y opera an escrow account t Pidelity NatiOna1 � : Title Company of Oregon, 401 N.W. 4th, Portland, Oregon 97204 (the "Escrow ... " � Leo y- it this Agreement and the Earnest Money 4�1 ,� e8�t � and depo with said Escrow Agent. 2.2 EsOtow, ._ Tnatrunti�a�xeeuteea�aroiriat�aes�ronsutual eye o "�� Y� � .. pP pr „ instructions cut3 ®n of th� s A reeve , p J agent to 0o s to the u�. chase In accordance �riith the to the escrow � aan terms an P " d :. � . r etiac�s t� the �sc.�o� a� eaio i�eteo� a shall constituteo�o$ntni�sst�uforth herein The rov ht a provided, however g that the part! es shall exec t►e such addit .ona1 instruc tions as requested by taho escrow Agent not incc nsa sterAt with the provsions hereof. SECTION 3 CONTINGENCY lCY ,._ PERIOD 3.1 Purchaser's t�ont1xn erne Period The obligation .on of it a�ha _ chase to eons to a sa .e conteup "a~.ted by thI.sa Agreement is Page 4 m SALE AGREEMENT 0 expressly contingent upon, and subject to, Purchaser having 120 days from the date of mutual exenution of this Agreement (the- "Con- tingency tingency Period" ) 31.1 To investigate and research, at Purchaser's own of expense, the suitability of the Property and the feasibility developing the same for Purchaser's intended use, including but not limited to 3.101(a) Performing a comprehensive feasibility study, including appropriate engineering and soils test market analysis and environmental audit, and researching the availability and proximity of utilities to service the contemplated impeovements 3.1,.1(b) Verifying zoning and researchin! and analysing the availability of all necessary state, county and local governmental permit8 and ap,rova1s required for feaeib1e development of the Prop ty; and 3.1.1(c) Evaluating the total amount of usable acreage, talking into consideration any area which �,f. -.y be designated floodplains, easements or potential dedications. 3.1.2 To investigate the avail,�.bility of financing for g the acquisition and development of the. Property on terms and conditions satisfactory top Purchaser in Purc er ° s sole and absolute discretion. 3.2 Status Re oats. Purchaser Shall give Russell A. Krueger a status repgy on h project 30 days, 4,-days, 90 day, and 135 days after mutual execution of this Agreement. 3.3 Rescission of A reemelt Duda Gonda effigy Period. In the n Purchaser so a iscret on, bterat s that event Purchaser, • � ,� o v ® {�, ,a. the Property is unsu3l.+. 1 ��� � intended u�6-is, sill. that • ab1,e for Pun"w.haa ® Purchaser may, at any time satisfactory financing is unavailable, e during the Contingency Period, resciacknowledge�th�tting� written notice to Sellers. Sellers g Purchaser • .. judger .. and shall yy■ .., v� t � y olute ..i. YW YAVY gPM��QP �� tl e ab '�i �V`•� shalll. be the sole and exClue�.ve .._.- on,, in determining whether i s Sellers discreti g that the move noted contingencies have been there shall in n s�tisf Teal In the event Purchaser notifies a - this Agreement, ��: �tshaal� be de���l be no writing of its intentt to rescind thi closing s Agreement ,. g jd null �adsvoid oan�l�o g ee�ent and this A xee effect and the parties further binding force a�t� effe shall be releasedofro�; obligations hereunder. The l: in the event this Agreement Escrow Agent eh� ® �sur to prior to April 20, 1Y99 0, cancel the Earnest Money Note and immediately return the sane to Purchaser. 3.4 Sellers' obli a aticns Conditional U • on,. Perchaser 2rov Ldin� Loan Commitment .�.. Y.�• BEIT76..Ranagtrly Prior to ration b tp�YCY1 pYYYYem1YYl�� t® � ®� ��Y�YfO•II® Sellers to c'�anStmmate t 0+nnt'in ency._ Per og. T .•e e 0' t.e Property is Page 5 SALE AGkMNT i sa • subJe*t to, and expressly conditi6ned upon, Purchaser delivering a firm 10 an to not less than Percent (00%) Purchase Price prior to June 20, 1990. if Purch ser fails to deliver Said loan commitment to Sellers prior to June 20, 1990, sellers may rescind this Agreement by giving w Zitten notice to Purchaser. In th0 event Sellers notify Purchaser in writing of their intent to rescind this Agreement, there shell be no closing of this Agreement and thin Agreement shall be deemed null and void and of no further binding ;force and effect parties g hereunder. shall be released �r ®� all further obligations +� � SECTI N TITLE INSURANCE 4.1. Prelianinar.. t .e. ne. rt o within twenty (20) days after mutual earecu a.oti o than A reenaent, Sellers shall, at Sellers' sole Pe i � ap relminar `title report r t !lowing theconditionOf title to the Property, together with legible ?� ies of all documents listed *A exceptions thereon If Sellers' title to the Property is unmarketable, or subject to any liens or yh encumbrances, eucept those which are satisfactory t* Purchaser or area to be satisfied on the Closing Date out of the sal proceeds, purchaser �l l notify Sellers in writing of such de f y C is y and di s ° ap rosed exceptions and fellers thall ave (i) fifteen days there after to eVa1uat such defects n6 disa�pCe1ed exce p t ion (s) and notify Purchaser wh ether Seller will be able to e liminate name, and d (ii) thirty days thereafter within which to eliminate ate such defects and disapproved exception( and deliVer an amended preitminary title report to Purcbaser with said defects and disapproved excep- tioa i delete t inmate any defects d therefrom. If Sellers , a�. to el or disapproved uception(s) within sai 30 deePeriod, then Put er chaser y rescind this Agreement, in hich nt Purchaser sha11 be relieved of all further obligations hereunder and Sellers shall, ding the provisions of Section 1.3 b 1 above, i edintely nc�twi•��istan � g and refund all earnest money t together with any a a alb. interest earned thereon, to Purchaser and this Agreement t aa.l hereafter be deemed null and void and of no further binding fore and effect. 41.2 Title inagEAB521_galiplit. Sellers shall, at Seller ;+ ' sole expense, an TA ner s tandard Ccue g itle Ins urad oe } Policy to Purchaser on the Closing Date in an amougt equal to the - n. Purchase Price e i nsur n g Pu r chaser a g ain s t loss or damage nusta ned y w7aser rsuµ �n cf the u rkets i�f � Selles ' title liens or ehe u rances thereon, eaept for matters contained in the u a l pr inted eace p tio" ns in such titl e insurance policies, and except for those exceptions previously a prc red Or waived in w *it ing by Purchaser ,1 10 ns r . ► w e 00nt �'inae is cf the � �ses�ce .e� tba: Page SALE AGE .... 1° aN • • The sale provided for herein shall, be closed in escrow at Fidelity National Title Company of Oregon; 401 S.W. 4th, Portland, Oregon 97204, on or before thirt ", (30) day; from expiration of the Contingency Period provided for in Section 3 above, or th.rty (30) days from the date of Purchaser's written notice to Sellers that all contingencies have been satisfied or waived, whichever shall first occur (the "Closing Date") . 5.2 Extension of Closin Date. The Closing Date may be extended a EI i t irt`y�(30) days upon written notice given by Purchaw2r to Sellers at any time prior to the Closing Date provided in Paragraph 5.1 above. Such notice shall (i) specify that Purchaser elects to extend the Closing Date foe an additional thirty (30) days, and (ii) be accompanied by Purchaser's check, dyable to Sellersy in the um of $10,000, which shall be deemed additio :gal earnest money and applied to the Purchase Price on the Closing Date. This additional $10,000 earnest money deposit shall be nonrefundable and shall be retained b Sellers in the event the sale provided for herein fails to lose through no fault of Sellers. 5.3 Prorates and Cl.osin Costs. Ad valorem real property mvatrer,rimw mt rr. ®rssur.meammu mrws s,rm+ s ,. taxes and assessments, rentals from tenants, premiums on insurance acceptable to Purchaser and all other items customarily prorated shall be prorated between the parties as of the Closing Date Sellers ohala responsible for went of the Ppreciumthor� be r�s Pa ALTA Owner's Standard Coverage Title Insurance Policy, brokers' real estate commission, any and all tr nsfer taxes, and one-half of the escrow fee. Purchaser shall be responsible for the recording fees for recording the deed, and one -half of the escrow fee. �.. �.. - ®.... ,.. , °.�°. ''� Prw ei�t �n the Clos- ing ... 4 Possess' on Pu�rchaseross t to Enter and ans eat Pur- chaser chaser shae entitle to P Y Date. Sellers shall immediately make arrangements with Margery F . Krueger, - nd the other fee title owners of the Property, so that Purchaser and Purchaser's authorized representatives, agents and g _ lawful Property °nd per- form assigns, had :fie the � awfhl right to enter upon the � -� form such inspections, studies and teats on the Property as Pur- chaser to evaluate the su,tability of the chaser shall deems necessary Property for Purchase's intended . Purchaser shell pay all costs incurred in performing such inspections, Studies nd test s and shall indemnify, defend and �hold Se� arising from any and all liens, claims, losses and 1iabilit1 :� ear Pur- chaser's "'4 a � chaser ®s exercising such right and privilege to enter upon, and inspect, the Property. . a d � � -... , w �� y Shall acu►teb,�'a� raratl-i�ee�dt�oa�ve�.a�setnen the •C1os�. t Date a eneral $tataa . 5 5 Deg Se leis shall ear told y y. Pro p ert::-.. to Purchaser free and clear. of : all. lienn , enounbrarice0, ea$emen s and restrictions, except; for hose except ,one previously. approved or waived i n writing by Pudrohaer d 5..6 Deferred Tuxes k e ar iinr` Farm Jo6._. lassific ition. �e�,y�ep■p.-.11.6 . -.. .- ... � Margery F. Crue' eJI. 1 t ne of ei'� �� �+i y Page 7 SALE AGREEMENT '4y 0. • have obtained a special "farm use classification" for the Property and certain real property taxes have been deferred as a result thereof. Sellers shall pay all real property taxes and related penalties that have been deferred, through the Cloning Date, as a' result of the Property being specially classified for "far.{: use." SECTION 6 COVENANTS OP ,SELLERS 6.1 Plans and Records. Sellers shall, within ten (11). Jays of mutual execas t ono thlli Agre* ment, deriver all i aps a surveys, lane planning studies, apprais .Is, engineering plans, soil reports, and any other documents that Sellers have obtained or prepared in con- nection with the Property to Purchaser and shall, upon the Cl i osngn Date', transfer and assign all of their right, title and ietC such documents, if any, to Purchaser. 6.2 No Grant of Ri hts. Sellers shall not subsequent to mutual execution C9 thxs Agreement, grant any licensee, lease or other right relating to the use or possession of the Property, or enter into ars~y new contracts or act to change the current °zoning, mapping, easements or rights of way affecting the Property, without obtaining the prior written consent of Purchaser. • the Closing �g 6.3 overn enta . rC9vals Pe fish tis. Prior to gage Cl Date, Sel ers shal cooper } .te W t Purchaser end shall not only join with Purchaser in executing all applications reasonably re- quired by Purchaser in connection with Purchaser's attempts to obtain building or other necessary g permits and approv- als for its construction of improve ��ents one governmental eg of B the Pra�►per -., or use ty, but shall also obtain Margery a Krueger and the other fee title owners' signatures v e ,, tions . Purchaser �- a on all sushi applications. p ion herein to the contrary, shall, notwithstanding any other aov��,a have the right to rescind this ,►Agreement in the ey S event Sellers, or Margery F. Krueger owners of the Property, refuse to sign ay applications that are necessary for Purchaser to obtains all governmental tal permitss and approvals needed to develop the Property in accordance with Purchaser's intended use. In the event of such a re=scission, this Agref' inent shall be deemed null and void and of no further binding force and effect; Purchaser Shall be released from all further obligations hereunder, µand the Escrow together wit�a any edi,at+ely Agent shall, upon written i,tPtrchasser ftech�: sa:r, is �t�d all � a y interestlearned � thereon, lesss�an escrow cancel y �; cancellation charges. ....... r D _ t .m. Russell A. Krueger and .. 6 4 Exercise of true e. g beve o ent + o ® s a ezercise the Krueger Option a i Krueger respect to the Property on or before the C,,-losing Date and c'hal.l,p L.. and severally, take whatever other action is necessary to jointly acquire free and clear fee title to the Property and convey the 8 same to Purchaser in strict compliance with the terms and condi- tions of this Agreement SECTION 7 REMEDIES 7.1 Sellers' Remedies. In the event Purchaser does not re- scind this eement iii ing the Contingency Period provided for in Section 3 above, and the conditions set forth in Section 9 below are fulfilled pvior to or at the Closing Date, fandtPurchaser fails to close the sale of the Property, through , Purchaser shall forfeit all earnest money deposited in esorow, and all accrued interest thereon to Sellers, as liquidated damages, which shall be Sellers' excluaaive remedy. Sellers and Purchaser acknowledge that the amount of the earnest money to be forfeited and paid to Sellers, as liquidated damages hereunder has be n agreed by the parties to be reasonable compensation and the exclusive remedy for Purchaser's default, since the precise amount of such compensation would be difficult to determine. Seller's Initials: Purchaser's Initiaals4 7.2 Puechaser's Remedies. In the event Purchaser does not rescind this Igreemen r 4 the Contingency Period previded for in Section 3 above, and the conditions set forth in Section 9 below are fulfilled, or waived by Purchaser, prior to or at the Closing Date, and Sellers fail to furnish market ble title on the Closing Date, or otherwise breach this AgreeMent, Purchaser shall, in Purchaser's sole discretion, have the right i) to seek specific performance of this Agreement, or (it) to obtain a full refund of all earnest ,,money, and to pursue all remedies available at law or in equity. In the event Purchaser elects the letter, r, Sellers shall, notwithstanding the provisions of Section 1.7.1 above, immediately refund all earnest money to Purchaser, tcletner with an • and all interest earned thereon, which refund shall be nonexclusive and in addition to any and all other remedies available to Purchaser. SECTION 8 REPRESENTATIONS OF SELLERS represent to ]. Co�t if a� t�aereharewsto Sellere ® �nc�wi.eda�eraut no Purchaser any federal,, state or local law, code, ordinance, reregulation gulatlon or requirement q event affecting the Property, or any threatened pending litigation in connection with theeProperty, which would or endisn 1i adversely affect the fair market value of the or prohibit the development thereof. 8.2 Haz rdous Waste Mateti ls. represent and . .. r rannt to Purchaser t asset t l e Pro ertyehas not, to the best of warrant 1 Sellers' :nowledge, ever been based for the storage or disposal of hazardous waste materials. 8.3 Validit of Krue, or.. Lion. Se1lamrs each repre ent and t e Recitals set forth above are trst�e�nc ®rrectst: c aser pl�tehat e : �:.. ..,nd cow (II) that Russell A. Krueger and SAL3 AOREEMENT • • Krueger Development Co maintain an exclusive, irrevocable right to purchase the Property under the Krueger Option; (iii) that the Krueger Option does not expire prior to the Closing Date set forth herein; (iv) that Russell A. Krueger and Krueger Development Co. are the lawful owners of all of the Buyer's right, tW a and inter- est in the Krueger Option, free and clear of all liens, pledgen- oharges and other encumbrances (v) that the Krueger Option, namely the original Option Agreement" dated September 29e 1973 and all amendments thereto, have been duly signed by all necessary parties and are valid, legally binding enforceable in accordance ance with theirt�rasSellers a9 ee to reimburse Purchaser, in the event the Krues,er Option is deemed invalid or unomforceable, in whole oe in part, and Selle rs are unable, for whatever reason, to conve y the Property to Purchaser in strict compliance itth the terms and conditions of this Agreement, for all reasonable expenses incurred by Purchaser in proceeding with this Agreement, including but not limited to all expenses incurred by Purchaser in performing p` feasibility y W g evaluating a comprehensive �eas� i.lit study and in researching and the suitability of the Property for Purchaser's intended use. 8.4 Cor orate Existence. Sellers each represent and warrant to Purchaser tat Krueger Development Co. is a corporation duly organized and validly existing and in good standing under the laws of the State of Oregon. SECTION 9 PURCHASER ° S OBLIGATIONS CONDITIONAL AIIIMIMMIIMMIUMMOMY 9.1 The obligation of Purchaser to consummate the sale of the Property is subject to, and expressly conditioned on, the fulfill- ment of each of the following conditions prior to or at the Closing Date, any one or a portion of which may be waived, in or,iting, by Purchasers 9.1.1 ea yv ern ne nt - A - oai .s . �ch" �h��� h l ve ' obtained all nY eMsiaFen to c i r Ynt and local g ve8 y - ment approvals to-preeneed-wirhe-develeipme of a minor inor land pa :tition and site plan necessary to obtain financing for acquisition of the Property. 9.1.2 Re resentatians and Covenants of Sellers. All p warranties d e n t s ASP ment�byrSellers�shallIInbe true as of the Closing late as y though p one and Warranties had fully as th�au h .match re rest ntat been made on the Closing Date and Sellers shall not have violated or failed to perform in accordance with any covenant contained in this Agree?crt. 9.2 any °' parties f the foregoing conditions are not satisfied o 2 The arties agree that if env ar satisfied prior to the Cloying Date, there shall be no clottin. of this Agreement and this Agreement shall be deemed null and void and of no further binding force and effect and the parties shall be released from all further obligations hereunder. Sealers . Section 9.�.� above, as a.result of the w shall, tionstseteforth this Sect nag. to close immediately refund all Page 10 . SALE AGREEMENT w • • earnest money to Purchaser, notwithstanding the provisions of Section 1.3.1 above, together with any and all interest thereon. SECTION 10 CONDEMNATION In the event proceedings are commenced for the taking of all or any portion of the Property by any governmental authority, through the exercise of such governmental authority's power of eminent domain, prior to the Closing Date, Seller n shall furnish to Purchaser on the Closing Date documents satisfactory to Purchaser g assignment to Purchaser of all of Sellers' right effecting the a�si nan<�,, and to any proceeds �r compensation from. such . title and interest in y p p condemnation proceedings, which assignment shall be conditioned on Purchaser closing the sale of the Property SECTION 11 SEAL ESTATE COMMISSIONS Each party shall indemnify, defend and hold the other harmless from any and all claims, liabilities, damages losses and expenses, which the indemnified party may incur or suffer by reason of, or in connection with, any claim .m for a broker's commission or finder's fee in connection with the negotiation, execution consummation � this Agreement, a if such claim is based upon any eta�tem:e�4nt, of or agreement alleged to have been made by the non indemnified party. SECTIOl 12 UTILITIES EASEMENT DEDICATION O STREE AND STREET IM& RQ OmS 12.1 Sellers represent nd warrant to Purchaser that Margery F. Crist (formerly known as Margery F. Krueger) and the various other grantees named in Paragraphs B and F of the Recitals hereof, presently own fee title to approximately seven acres of land that is locate northwest corner of the Property located tihere This seven parcel of sand, which is more part' .cularly Th " seven-acre a�'cel described /outlined on the nap attached hereto a Exhibit S, is hereinafter referred to as the "Commeecial Property." 12.2 Sellers further represent anu warrant to Purchaser that they have an exclusive, irrevocable option to purchase the Commercial Property from Margery F. Crist and the various other grantees named in of the Recitals hereO and .. that said option �does Paragraphs not exp renprior to the Closing Date lteare n. 12.3 Sellore agree that they a :i.l x rc s �- ... ... p t ion purchase the Coaaumero�a.al . ate�e�t��tionu� .saneces:= �a.r:... t� a n r+se and clear fee tt1e to the Pry party • on t Date herein, •And take wh he Closinf Date �eraef n ,_ �. lbw � _ owl'��"'�S oi' �:h Sellers sha�:l thereafter; as the new fc� title Co nmer'oia 1 Prop�.rty4 take •the fo cuing action: Pago 11 SALE AGREEMENT • 12 *3.1 Sellers shall, on the Closing Date herein grant to Purchaser two perpetual utilities easements over the ..� �e Commercial Property, together with appropriate construction ea .ernents in connection therewith, which are :sore particularly described as follows: 12.3.1(a) The first utilities easement shall consist of a strip of land .5.00 feet wide that shall run from the Property r y ng the east boundary line corner Commercial p of the Commercial to the southeast �P corner of the Commercial Property, as more particularly described in the attached Exhibit C -1 and shall connect the Property that Purchaser is purchasing herein with that certain property that Purchaser has punch -:sed from Sellers directly north of the Commercial Property. Sellers shall grant an u ePrchaser a 40.Oa' -foot wide tempor, ry construction ° n connection with the foregoing described utilities easement, as more particularly described in the attached Exhibit Ce2, for the purpose of permitting Purchaser to construct utilities within said utilities easement. 12.3.1(b) The second utilities easement shall consist of a strip of land 15.00 feet wide that shall run erci .1 Property, ire , from ®S.W. SehollsePerr the Road along the north � along boundary line of the Commercial Property to the northeast corner of the Commercial Pxopesty® as more p.rtfCul rly described in the attached Exhibit D-1. Sellers shall grant Purchaser a 40.00-foot wide temporary construction easement in connection with the foregoing described attached Exhibit � 2 for t particularly described in the utilities easement, as more -. , he perpose of permitting Exhibit to constrect utilities within said utilities easement, 12.3.1(c) Sellers acknowledge and ag ;ee that the foregoing de cribed utilities easements shall be pe pettaa1 and for the benefit of 11 of the Property, ar4) ,,.grew that Buyer shall have the right to determine the exact location and legal description thereof, as Purchaser will be utilizing same in developing the Property. 12.3. X ( d) Sellers actcnowledge and agree that the and shall ° be for the benefit of PA rtenant to the Property aribed utilities easements area u foregoing dose t of Purchaser and Purchaser's seccessor's and assigns. Closing e, dedicate 12.3.2 Sellers . d sate the south 35 feet o.. he Cc�mme�oieltPrortf `car��u�a�,ic ..use as a street The of this r oular strip �f property, pa p which is more particularly outlined on the map attached hereto as Exhibit E, shall ea by written instrument and shalt be for Page 12 SALE AGREEMENT • r. rhJ k y=�S the purpose of providing public access from S.T. Scholls Ferry Road to the interior of the Property. 12.3.3 Sellers and Buyer shall, as soon as possible after closing the sale of cane Property, jointly enter into a contract with a Dutually agreeable contractor to con trust that certain portion of the proposed Murray Blvd. that runs from S.W. Scholls Ferry Road to the east boundary of the Co y+ riercia1 Property, i pe y, which s more particularly outlined on the map attached hereto as Exhibit F. Purchaser = hall© in seeking governmental approval for said street© consult with Sellers, and work in good faith with Sellers to coordinate the access ®" street. The construction contract sh 11 points onto the s reflect the access points that are mutu, ily greed upon by the parties and accepted by the governmental authority that approves construction of said street. Sellers shall pay all costs incurred in constructing the north one -half of oaid Meet, y, nd Buyer shall pay all costs incurred in constructing the south one-half of said st,reet,, which costs shall include all improvements required by the governmental authority authorized by law to accept dedication of said street SECTION 13 MISCELLANEOUS. 13.1 Ri ^ht to Take Title in Different. Purchaser reserves t: e r ght to take t.': t e to the Property in a different name or nominee. 13.2 Entire �mpt� m roes at is the entire, final and �smOS�a1 M complete agree pa pertaining to the sale and pur- chase g chase of the Property and supersedes and replaces all written and oral agreements heretofore made or existing by and between the p,,rtiea or their representative insofar as the Property is con- cerned. 13.3 Modification. No supplement, modification or amendment of this t a �. be binding, unless the same is in writing and duly signed by both parties. 13.4 Severabiil1i� . In the event any provision or portion Of this Agreement s si to be unenforceable or invalid by any court remainder of this Agreement sh R 11 of competent jurisdiction, the rema�nde remain in full force and effect and shall in no way be affected or invalidated thereby. ]3A5 Notices. Any notice required or permitted under this Agreement in wrtin5 and shall be effective when actually hl delivered or 3 -days after being deposited in the United States Mail, Certified Mail, Return receipt Requested, addresse4 to the party t e ig address, to other eddress as may be specified time to timebY either of t e parties in coriting: Sellers: RUSSELL A. KRUEGER 1335 S.W. 66th Avenue, No. 402 Portland, Oregon 97225 KRUEGER DEVELOPMENT CO., an Oregon Corporation 336 S.W. 66th Avenue, No. 402 Portland, Oregon 97225 Purchaser: MCDONALD PARTNERS, a California Corporation 10260 S.W. Greenburg Road Suite 400 Portland, Oregon 97223 With acc2ytc: Stephen J. Connolly GARVEY, SC BERT & E,I ER Attorneys at Law 121 S.W. Morrison, llth Floor Portland, Oregon 97204 1306 Hindin Effect.. Al) , rights, remedies and liabilities herein given to or m;med upon either of the parties shall extend to, inure to the benefit of and bind, as the circumstances may require, the parties and their respective heirs, p y rsonal represen- tatives, successors and assigns. 13.7 Attorn Fees. In the event any suit, action or other legal pr:ocee ing shal `E instituted to declare or enforce by right created by this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees as fixed by the trial court and all appellate courts. 13.8 Survival of Covenants. A11 covenants, representations the parties iereunder shall survive the closing of this � thisAgreement and the delivery of the statutory warranty deed. been execute an entered into in Portland, Oregon, to I�Agr 13.9 Gouerntn Law. This Agreement nt shall be g and this Agree- ment and its for tion, operation and performancei, hall be gov- erned, rned, construed, performed and enforced in accordance with the substantive laws of the State of Oregon® Garley, Schu al rt & Barer as attorneys for Purchaser. prepared parties resentat�,ona This Agreement was r� are hereby acknowledge that Garvey, Schubert & S,ar r have acted as attorneys only for Purchaaer throughout this transaction and do not represent Sellers 13.11 Forei n Investment in Real Propert Tax Act. The _a®wtarera W rr ao.� .a+r • e e I s� �N Foreign Investment n Real Propen,ty Tax Aet (°FIRPT , IRC 1445, requires that every purchaser of U.S. real property must, unless an Page 14 SALE AGREEMENT 4 exemption applies, deduct and withhold from Sellers' proceeds ten percent (10 %) of the gross sale price. The primary exemptions which might be applicable are: (a) Sellers provide Purchaser with an affidavit under penalty of perjury, that Sellers asps net a "for- eign person," as defined in FIRPTA, or (b) Sellers provide Pur- chaser with a "qualified statement," as defined in FIRPTA, issued by the Internal Revenue Service. Sellers and Purchaser agree to execute and deliver as appropriate, any instrument, affidavit and statement, and to perform any acts reasonably necessary to carry out provisions of FIRPTA and regulations promulgated thereunder. 13.12 Sale of Property to Purchaser Hereunder Is Se state and Distinct from dirraP Pro ert De er tie Krueger t ono Se err- ac now a ,ge an agree (1) that Se ers are no ass i gnlnt the Krueger Option to Purchaser hereunder, ( ii) that the Krueger Option is a separate and distinct agreement, and shall remain a separate and distinct agreement, (iii0 (iii that the Krueger Option shall have absolutely no bearing on the terms and c nditiona of the sale of the Property herein, (iv) that Sellers are selling the Property to Purchaser for the price and on the terms and conditions set forth herein, notwithstanding the terms and conditions of the Krueger Option, and (v) that Sellers are responsible for re s olving any and all differences with Margery Krueger Grist and her children and gr ndchildren .e nd t king all action necessary to convey the Property to Purchaser in strict compliance with the terms and conditions herein. 13.13 Joint and Several Liabilit . Sellers shall be jointly and severally lxa le tor a o . gat cams to Purchaser under this Agreement. 13.14 Guar . Russell A. Krueger uncoeditfona 1y and irrevocably guarantees to Purchaser the performance by Krueger Development Co of each and every obligation undertaken by Krueger Development Co. in this Agreement. This guaranty is a continuing one and shall terminate only upon the ssatisf :action of each and every obligation of Krueger Development Co. under this Agreement. ( shall not be Russell ecessary A. for uPurchaser�to instituteesuit �orhexhat t fast his legal remedies against Krueger Development Co. in order � enforce this g uarant y , (ii) that this g uarant y may oe immediately enforced by rchaser upon Krueger Development Co.'s failure to perform any obligation under this Agreement, (111 ) that the bankruptcy of hereunder, relieve hiss of his obligations Krueger Development not assumed hereunder, (iv) that lPurchaaser Ana. from time to time extend p • y modify, � g 9► the time for performance or otherwise n if , alter, or chase... a this Agreement without in any way releasing or discharging his from his obligations hereunder, and (v) this guaranty Shall Oct be releases , ear extinguished, -� modified, or in any wt affected b.- failure on the y y Y part of Purchaser ® to enforce all of the rights or remedies avail able under this Agreement 13.15 Co! prate Authorisation. The execution, delivery and performance of thie Belt have been duly authorized by the Page 15 SALE AGREEMENT o rd of Directors and Shareholders of Krueger Development Co. and constitutes a valid and binding agreement of Kreger Development Co. in accordance a with its terms. 13.16 Waiver No waiver of a breach of any covenant, term or condition or-TEN Agreement shall be a waver of any other subsequent breach of same, or any other term, covenant or condition; nor shall such waiver require any notice of any kind be given to reinstate the defaulted ter , covenant or condition, or make time and strict performance t Dams of the essence 13.17 Further Documents. Sellers and Purchaser ; agree to make, execute and-Mliirsfier documents and undertake such other and further acts as may be reasonably necessary to carry out the intent of the parties as set forth herein. 13.18 Permits. event Purchaser resc�,n sit%,,sg A reement Plans and Agreement 'uruug the Cont :ngencynPeri v set forth in Section 3 above, for in the event the conditions se forth in Section 9 above are not satisfied prior to the Closing Date and this Agreement becomes null and void as a result thereof, Purchaser shall provide Seller 4 with a copy of all maps, surveys, land planning studies, appraisals, engineering plans, soil reports and any other documents that Purchaser has obtained or prepared in connection with the Property: EXCLUDING any marketing plans and any architectural plans regarding >anprovernentsjstructu res on the Prop- erty, p- tity, and shall transfer and assign to SeUers all of his right, tit l c a n d interest in a ll government .1 pe r its and approvals, if any, obtained in connection with the Property; 13.19 Land Use Laws and Re ulatiOns. THIS INSTRUMENT NT WILD NOT ALLOW USE OF THE PROPERTY DESCRIBED I THIS INSTRUMENT IN VIOLATION OP APPLXCABLP LAND USE LAWS AND REGULATIONS. PEPORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PER ON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR PINING DEPARTMENT TO VERIPSZ APPROVED USES. 13.20 Aoknowled ement 2 Purchaser. o Purchaser acknowledges; and agrees r , j e +5i�t ■M.■ nes the Property is 40�� � ree� t• �t, �w. �. VY event f t ���`t���M�00Fv'/I Y�11r feasibi:.e for development and closes the sale provided herein, it will hold the Property for the benefit of a limited partnership to be formed by Purchaser, as general partne *b and Pm IUChael McDOna1d and Anthony G. Sonforte© as limited partners. /5?CUNV 13.21 Time for Ace tare. In the event 5, lens do not execute this Agreement on or More February-kV, 19 90 p this document shall become null and void, and the earnest money receipted for herein shall be immediately returned to Purchaser. Page 16 SALE AGREEMENT i 4 IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the Lqui day of February, 1990. lC NAW PARTNERS, a California corporation, doiag business in Oregon as McDonald Partners,/ Inc d SELLERS Legal Description and Map of Property / - e 1 Legal nescriPtion and Map of 7.05-Acre Parcel Commercial Property /Page 11, Section 12,1 r., C-1 - Legal Descr;ption and M p) Of First Utilities Easement /Page 120 Section 12.3.2 (a) C-'2 Legal Desctipt on and Grp Of TemPorarY ConutruatUon Easement for First Utilities • Easement/Page 120 Section 12.3.1(a) 0 -1 - Legal Description and Nap of e nd: Utilities • Easement/Page 120 Section 123,1(b) Legal Description n tampon ConntnnctLon Easement fir a and Utilitiea Easement/Page 120 Section 1231(b) Legal Description and Map of Street Dedication / Page 120, Section 12.3.2 Gega . Description and Map of Proposed Pa rt;ia1 Construction of !array Blvd./Page 13, Section 12.3 3// Ski /J1 E /5 A Legal Description and Map of Property /Page 2 Leg ., -1. Description and of '74,1r35 -Aare P e1 of Co r rC .a1 Pro m /Page 11 v Section 12.1 C-1 Legal Description and Map f Pivot Utilities Easement/Page 12g Section t2.32 (a) C-2 . Legal DescriPtion and Hap of temporary Construction Easement for Fir { t Utilities • Easement/Page 12, fAct ion 123.1(a) 1 Legal DeserLptien and Map of SeCond Utilities • Easement/Rage 12,x, r Section 12.3.1(b) D-2 Legal DeBor , ption and Ba rer Construction 9 t i1itioa EAsament/Page 12, Section 12 Legal tion , sand Maa p Of Street Dedication/ ation/ Page 12 0.n geOtion 12.3;2 Legal Description and Map of A roptsed Partial Conwtruatibn of Murray B1vda /Page 3, Section 12.3.3 3/S YC /BE7 /5 parcel • • rr "eV DESCRIPTION A of land in the northwest one qu of Se tion 4,; T2 S, W n Coup , Oregon, d parcel being more particularly described is follow. Beginning t intersection of the n line of Section 4 with the easterly a of � S. W. Scholia Pam ;, County id � � , �o� � 60 feet wia de ; e S 4�0956. bong "d a y line, 101.48 feet to the a Point f t e A _ ... of panel here described; thence S 5 30'O4 ., 48.51 feet to he loin cal eve left of a 900.00 foot radius tangent tee; thence along the arc of said cure left through fe central angle Ie of 224 5 , 614.69 feet (thord beans 12 02 Q4"E 50711 feet) thew 3 doe loo. 05 feet; thence a .01�34'S7'" .a 13. southerly line of 6feetteatheso " , thence tracing tad southerly he along tea following courses end , di cep ut , �� ���do� of Which south ; . t &7 o the of a 900.00 foot r dins a�os�t bears N.13"06'37%) y e . of 1. .'4O , 181.08 feet e . of through � �� o 8.88626'03'S., 424.81 feet to the point of tight �.3 '��.e x.30 ; ?'� feet); thence � thence 4�� the arc ��' sad �e right through a . alit nut , feet) e a 5�� � foot rai ® ' " 24.47 feet ( b .8DO '56 ., 24.47 coaled angle of A2�43 � , �� �bt . . '$1� . �- southeasterly corner of ea�d 'Cotswold No. 3a; theme �'.04°`23 .a � southeasterly corner of ►t 9O ' t +a ld Meader ►. 3 ", which point is the southwest ,conveyed to - E. d J °e E. recorded Dad ... to the of t corner 83 Washington County Records; the ace. 8.88'25'03"E. along the (southerly late parcel page 334 parcel, 46O� 9 feet tot e we��r► line of S `'' 135 Avenue, County of aid Book 1210, thence r:� Road No. 934, which road l 40.00 feet wide; 021.4 2 along cold '� of the ago " _ � along the � 1��, X36 33 f� to � .erx� l� of . ,� . , �; . the northeast ou the thence N.33. 58'10 '1i t of . � s�ouer no r of d ;nd northwest one r of the northwest one quarter of d northeast o� Section 49 2g614 :39 feet a easterly due of the Bonneville potter e...faWsty; a N.02°13'64%. alortg end easterly line) 534 feet ta the easterly line of ie�d S.W. ollas Pe d„ tae .340953. along ; 1 r line, 871.42 feet tell True Point of Beginningb Contains 2,332,7122 square feet (54.70 scree), more or 1 e. '73 ..F dit iS A11N:11631 A parcel of lend in the northwest on a' ser of Sermon < ` " County, Oregon, said parcel being more particularly described as follows: Seginning a the intersection of the north line of said con 4 the e t ly litoe of Road; Ro sm. Schalk Ver..7 d; ad No. 812, which ich ad is 50 feet wide; tboiee 5.34'20'56'W. ` ly line, $,55"39'04T., 548.51 feet to the o�g �d ��r �a�. �� feet; thence . t�� � ���' �� ���� _ _` + « c sic' g point of ew a left of a 900 00 foot radius g.* cu thence � het); (chord b .7 0 0 southerly .r 50 6 y left t�aro� a central �� °e of s�"45 59 , 514.69 fees thence .99 'O3 . 1.56 feet; thence N. ' ., 18 the .liic of 0�� �''. 1+� fa��t � +of said "1k���s�d Meadows �� �" Cott Meadows Igo. 3' thence tracing the boundaries allows courses t1 distances: nom r y of r &us along � fallowing � � on c of a J0� ��3 f® . . y . "06 3'' "Es) through a central ogle a (the radius point f which ' ' . ro ,, non tangent ���e e�a.s �+► �3 3 0� .00 0 "7 4 feet to o d h 1 r'i 9'Zl' '., °i. fete a° of��0 °' �, t '� "� westerly line "Of t ,09, . feet thence 11.01.34'57%, �� ?b9Y3 �ee�, to �� � �� � �,o�d `�oe:' wd�dow the �� No. 3 � ���s 1���` '�'� 1� � e tb�°��►est on�g r of e, 3 � 11.88.20'06V., 202.10 feet � �o ' 8"9'59V �698 89 feet . one of d Section 4, then .. the Point of Zeginning. + i Conte:ars 342„143 square feet ri.85 saes), more or less. x/35 004 stsellihn /35117 VC t;. EICHISZT "C-11." DEsettiniott 'UTILITIES £ '► A map of land, 15.00 fool, .Ade, In the northwest one.quarter of Section 4, MIS., ., MIX, Washington Cotmty, r ; s a'd strip being more particularly des bed as follow : Begirining at Ole northeast orner of . Exhibit "; Tent )w.8$ 0 "D6 . . aims t t • DTth l7 line of said Exhibit ° °', 15.00 feet to a point on a late '%iiith is parallel so, a d 15.00 feet 3 , to, , northerly 4 +e or said ibit *De; ����rwesterly �u�° when measured at *he ,. .,lhtn `4 �.,er, the �q 'w �. ffi�il'�,fn�� � i�ei$�, d' to d1. .3�.�0 �lr� d A � 606 � /�eg��SAe �G6LIDO+e�4 �i9ea a6'L�W b t4 �4' angler: 6�d OrtlA�G Q+� ��� ��� 6 V� � � �p �N 1i+�� ®ia�aM�ee ��r.. thence 5.101 57 . pa llel to northerly east line f line of said Exhibit ", thrdzige easterly and northerly Gong the Bout e 3 ``mod easterly bound aria of said 'bs �w to the Poi nt of Begin ge \2785 ..MBA 1Y 41M SPA RAI AMU kL' � 1 y OetP ti Vat. egilrogMmt 9 � v. is �_ � i �.::'.�'�. � i n._ �.+r y 1 _� +� „. "`•� � � t�� �r4.4_ r ThI eel,, Zoe TEMPORARY CONSTRUCTION EASEMENT. I .ITT A strip a land, 4000 feet video in the MOIthwNst OttflUarta of Section 72,10 ® Washington County, Oregon, said s ip be'ng toore ptirticularly leseribed Ib- lh s. Beginning at the northeast heest corner of rezbibit '"DI; thence l'4.08•20.061W. alcatg the potbelly 00 feet to a point on a line which, is pa a lel , aid 40 00 feet ���d�' of $�,�d e+ Exhibit be �0. east line � � � ��� It c�be t of said.. _�b w � �.e when measured at rat �1 ��� the northerly p er 1 * e`l era line of �d ibit to the souther thence .�� �� �7°'"�!. 1)''.; parallel to easterly and �aor*e�ae:l�, along the southerly d eesterl�. line of said Exhibit theme boundaries of said "bit " to the Paint ®f Beginning. 12785 0.6411101Mi01171116/1161;10 gioi* ufAir.,11,11,106141114:ACSataitt4titlitriZI.dACtralit trIttOSkitiLi011aStAiiiitik:a06400.. .4. 4,;1 IDESCItirrloit L°IL''rIES `,►T WSi of lima, 1540 feet wide, in the r�:: ��. �za� �te � Se ed . oaWashington County, 07egoz, said asp being =ae particularly ®eStrabei as fallow= , The northerly 1540 feet o .......... . 7Si$ s, 4. 0 , + -0* *. Yuri 4r4ri.t, ` A strap of laza, 40.00 feet i ei it 'Olt tao:Oxiyiett one1u r of SectiO4 .4, cotititz O re n rid ettip be u u tore '& er et s' f fl : Theintotberly 40.00 feet of bibit \2785 crAlPtioraftd. tlm tater Y '_ �•. 4�' 4. • t� fib' OL 1)=CETTiox the no ones ue T of Section . q • o . ' � bing�n �;��ree'1 �a$ lend �� . eiese $�aed as follows: County, Oregon, said parcel being MOM particularly Beginning at the intersection *U + b line of said Se at 4 with the easterly a of S.W. S boI h Pet.ry toads Count Ro od No. 6 � � d . eb roodis 50 feet wide ; thence . •:' *W. along said easterly line, 101.43 feet to the True t'oint n f Bc the parcel herein de$lbed thence S.5739 O4 6.51 feed point curve left 900.00 0 fc t �� dew tangent ©rvee thence a a'n S e ere of said curve left through a CO3 . )1 angle f 2745'59% 514.69 feet (chard bed 72 02° ., 50 " 7l feet); t e ee . °0 " ', 11.56 feet; thence ��n�yy ° o 5M Te� 13�L6 fee* to the southerly oe ®f *Cotswold .• Zadowa No. "; thence tracing the boundaries of said � Cotswold Meadows No. 3 a �� following c courses ,d die norchwe,sterly on the of 90 e00 foot sSidasrie IttiOntaget1 curve (tee radius point of which be .13"o5 13 ) *Tam en a centre glii ar 909361e'tl 1e43 � feet; wee leaving feet (chop .. �, 5 ,6 7 feet, d b►� %s75�'11'"'�'�, A. feet); thence N.13'35'01%., Y �3.5� feet � e point of thewesterly line or said a ,, alid : eed �v�a . 5. . along , .. the tee, . e� a �y �he �'� or d �e right t �i� �, of � �±. ®a foot x�►� �4. �7�� feet); l 5 feet (chord ben 141,12•02'0M., .d t�� � Gent �1� ' �� °�'������9�. thence 5°'39'04 ., 531)1 feet the point of a tof foot ;90°00'00'„ . � �� of �.•' men t tlrougkt a cettral Ile C1304"; 'glance �a� tbe � �f �d �,te cr�� �.55'�5�9°04°°»� 5.00 feed to e t��Yly deem ( l� �e.1�9 ®�� 21�; � feet); � .���'�"�'"� a .�� ,, 6.00 het to �' 56 along said a stet y Vie; the iirue Point of Beginning. Contains 37,219 square feet . (0.35 es), =ore or less{ 785 ,....� . . � . .�. ...�.. .. ._. .. ..�� p. � uo � P ,,. eg e! or Do. P.l of land h the northwest maaeow:t r of Sect©x 4, Tel „ IUW.b 33:11.„ Washington C pare i Countj a Oregon„ s aid parcel being more particularly desaibed etie fallout: the intersection of the north Bete of said 4 the easterly line of Beginning �t t� � ��' feet wide; t�aetac 69» &chofls Ferry Road, County Road c. $ ad ie 50 e Point •ofBe Beginning 5.84°20'56" '. 'slang sad easterly line, x.01.43 feet to the true e to herein described; thence S.55°39'04'12., 543.51 feet tae point of e�ary left ®fs parcel r X87 r �°,�,` 900.00 fa ®t radius tangent curve; thence along the arc ca. � feet); thence 5'.l6��"25 �....��, ° : � ., b ��`�iT »55 ' feet °�! � point of of 22645 5a 5 (chord bears S. e 2 i2 04 7.56 met thence 5.0x®34"'5 ?" W., P5.O0 feet; thence N.8 0 " '� angle �� �.�. �a , � 55 fees . curve ri�wcat ®e a 935e00 foot radios 'ge8a , ,�:, thence alcng, a arc of "�3 �� �.�� feed; through i central angle of 32°45'59', 5�, r , , eat (chi 1 72 2104 e, thence .55°39'O4'W., 53.51 feet to t?„ of curve left c r le o f 90'00'0V, tangent curve thence along the arc of said cum, ;u a central angle feet (eh ®rd bey s.7ranrix., 28.25 feet); to . »55 9° `"` ' 5 00 ,feet to easterly a lie of told S. W. Scheib Ferry Road; thence Neee'20'551 55900 feet to the ''rue Foam of Beginning. Contains 38O12 square feet (0.87 acres), more or lei V \ 785 BULL MOUNTAIN NORTH Sryv; .vu -1� � •:J'• �iti '<4'ii. k r rii4' 9;6': ':�8:�; far ,: t1� r - wl •..• f -. -.1� 1 j.,7;. nl ,7,r�_. u5 a!'7� Request for Planned. Development Overlay and. Variance Prepared for McDonald. P rtners 10260 S.W. Greenburg oa . Portland, OR 97223 May 19 1990 2*oe)b /' BULL MOUNTAIN 1'40RM REQUEST FOR PLANNED DEVELOPMENT OVERLAY ' AND vAnaNcE . TABLE OF CONTENTS I. Statement of Intent �i. Summary of :rasons for the Request m Site and Vicinity Information IV. Project Design V. Clmpliance with Planned Development Criteria VI. Compliance with Variance Criteria VII Summary V111. Appendices A, Exhibits 1 Preliminary Plat 2 Site Analysi 3: Landscape Plan 4 Grading and Drainage Plan 5 Utility Plan B BULL MOUNTAIN NORTH Revised 5/1/90 REQUEST FOR PLANNED DEVELOPMENT OVERLAY AND VARIANCE 1. tatcment of Intent The following is a request for a planned development overlay and variance for the Bull Mountain North Planned Development. Bull Mountain' North is a residential development planned for 194 single - family dwellings. A 12 -acre area is planned for a maximum of 300 multi- family dwellings to be developed in the future. The requested approval for 494 dwelling units is 50% of the permitted density on the site There are four variances which are requested as part of this application: Reduction of the local street right- of-way width from 50' to 37' on three streets: Baker :.?.rive, Baker Court, and Hood Drive. The 37' right-of-way will be used for 28' -wide streets which are allowed by the planned development overlay, 2 Approval of 28'-wide streets with parking and sidewalk: on one side. This request applies to the same three streets as cited above. The City's standard atir et width is 34' with sidewalks and parking on both sides of the street. 1 . Allowance of 6' fences located 10 feet from the front for line for 10 lots on Baker Drive. The City's front yard setback standard is 15 feet. d 4: Allowance of a lot depth -to -width ratio in excess of 2.5:1 for 21 buts. Lots 2442 and 59- 60 are generally 50'x150' lots to maximize view potential: A Preliminary Plat has been developed for the 194 single-family lots (See Exhibit it 1). The plat is proposed as a "Conceptual Plan" as defined by the Planned Development chapter of the Tigard Development Code. The planned development request applies only to the area south of Murray Boulevard. Approval of the planned development for the area illustrated in Exhibit 1 will create a new parc9.1 north of Murray Boulevard. This parcel is currently zoned Neighborhood Commercial. The alignment for Murray Boulevard required by the City will create two "remnant ", buildable parcels. Following plat approval, these lots will be for sale: It is the developer's intent that the lots will be combined with the adjacent ownerships. 11 summary of Reasons for the Request The planned development overlay is requested in order to provide for flexible standards for design of the development and transfer of density within the site. The planned development is equal off- street allows streets with an improved standard street overlay parking. he planned development n width d gds also allow for transfer density and Y establishing These tl �' flexibility in setbacks. Th flexible development standards have been incorporated into the project as part of an overall objective of achieving a unique, view-oriented P J p objective g �I� � 7. LEG!BII Y ST 1 1 1 1 Revised 5/1/90 Bull 'Merge North Planned Development and Vcace Request residential development. The 'p is slope of Bull Mountain and has �' • Mt. Hood. :located. on the north ao P the north and east, including d. .The objective of the lot spectacular views to Safi ration for the east end property 1 + configuration nd of the , ro er is to axir�ni�e views. The right-of-way width variance is requested in order to maximize views for as many lots as possible while minimizing � cutting and grading into the hillside. Implementation' mpleme t atio of the required ' right of -way width for streets which are 28' wide would caws . s...ne grading 50' driveways and building pads. The requested 37' ti and cutting into the hillside to create the d - ri ht -of wa is a reasonable right- offway for, the 28' wide street and eliminate? the right-of-way unnecessary cutting and grading. The variance for 28' streets with sidewalks and parking on one side is requested to reduce development costs and grading of the hillside, Adequate pedestrian circulation is provided from the propo ed one -side sideway on the 28' streets, sidewalks on two sides on Northview Loop, 20' alleyways, pedestrian right-of-way in Area 2, and sidewalks along Murray Boulevard, q parking p p by parking on one side of the 28' streets, lot and the two sided parking planned for St' Adequate arkin ca a�iliti�s will be provided �� hd b garage spaces and 2 driveway spaces on Helens Court, Northview Loop and a portion of Hood Drive. Approval of the variance will q ,, 00 linear feet. The variance is reduce the amount •, by approximately on either ' oexnt of required sidewalks b a rox inae tel 4 er aflde of ]Loop. The necessary to provide a con�sisteat width for Baker Dr consistent width aligns the drive lanes, provides a more planned appeterance and visuaiiy links the two sections of Baker Drive. Site and Vicin ty ]information A site analysis is illustrated in Exhibit 2. Site Area 54.7 acres - total site Walnut Street 50.5 acres - net developable area south of proposed extension Zonings Medium and Medium High Density Residential Comprehensive Plan designations. R -25 and R -12 zone districts. Land Use: Single family detached and multi-family dwellb gs are permitted uses in both Single zones; The site `s hillside on the north slope of Bull Mountain. It has te is an undeveloped been cultivated with cover grasses. Adjacent land uses includes North Greenfield Apartments and Cotswold o si Subdivi n (170.25) West: Scholls Ferry Road Page 2 1 1 1 1 1 1 1 1 Revised 5/1/90 Bull Mountain North Planned Development and Variance Request Topography: Vegetation: ‘..;outh: Rural Residential (zoned Washington County 5 units/acre.) East: Residential land (R4.5 and R-25). The highest point on the property is approximately elevation 318 MSL, 84' above the low point of elevation 234 li/ISL. Slopes on the property average approximately 10%. There site is an open field cover et.'i primarily with grasses. The drainege ditch which runs through the site has several poplar trees within it The southwest portion of the site has a few conifers. W. Project Design A. Phasing and Design Objective; The proposed Preliminary Plat for the project is illustrated on Exhibit 1. A detail of the lot layout and typical landscaping is illustrated on the Landscape Plan, Exhibit 3 The following is a summary of the design objectives for each area of the project, Area 1 is designed for moderately priced "starter" homes. Lots sizes range from 5000 to :13,350 square feet with an average lot size of approximately 6,200 square feet. Two access points are provided to improve access for emergency and service vehicles. There is a drainage corridor which runs through Area 1. A drainage easement is planned for this corridor to ensure that it remains as open space, The easement will extend 25 feet on either side of the center of the drainage, Area 2 is designed to maximize the site's spectacular views of Mount :1; ocid and the Tualatin Valley. Lot sizes range from 5,000 to 13,240 square feet, with and average lot size of 6750 square feet. The street layout and lot configuration creates three terraces stepping up from Murray Boulevard and S.W. 135th. A cross-section of the terra es in Area 2 is illustrated on Exhibit 4. Lots 1 through 68 have frontage on two streets within the subdivision. 11..4 shown on the plat, the front yards and homesites for Lots 24 through 42 will be staggered to alternate the entries to the homes. A detail of the lot layout is illustrated on the Landscape Plan, Exhibit 3. The staggering of the lots is intended to maximize views from each homesite and increase the open space and visual interest of the streetscape. By staggering the lots, the linear appearance of a row of garages and driveways that is commonly used in suburban subdivisions will be avoided, Instead, the street will have a pattern of alternating front yards and backyards. The two alleyways are designed as garage access for a relatively small number of lots (11 on Adams Lane and 6 on Cooper Lane). This design will result in very little traffic along the alleyways and a sense of privacy along the alleyway. The lots have been planned for two-level patio home g which have a footprint of approximately 2000+ squire feet, The anticipated patio home will have L "blind" side (few windows) and a "view side with many windows. Entries will Page 3 1 1 1 1 Revised 5/1/90 Bull Mountain North Planned Development and Variance Request likely be along the side of each home. There will be no parking in the alleyways. Each "uphill" home access from an alleyway will also have a path from the street on the downhill side of tha lot. Area 3 is a multi-family phase to be developed in the ,future. The total area of Area 3 is 12.5 acres, including the power line easement: The planned development overlay assumes that the Planning Connnission will review development plans for Area 3. B. Density The area of the site is 54.7 acres, including the Murray Boulevard right-of-way. This area is zoned R-25 and R-12. The following is a summary of the permitted and requested densities. Permitted Proposed Permitted Dwelling Dwelling Units Zone Area 12e,Lisity Units ciku,1 Single Multi R-25 25.8 Ac 25 units/ac 645 d.u. 70 250 R-12 28.9 Ac 12 units/ac ag Cd.111 124 50 Total permitted dwelling units 991 d.u, Total requested dwelling units 194 lots 300 d.u. The requested 494 dwelling units is 50% of the allowable density. This density will have far less ixnpact of traffic, schools and other public facilities and services. C. Access, Circulation and Streets There are two access points from Murray Boulevard. The ;accesses are separated by a distance of approximately 900 feet. These access points are the ends of the main loop road; Northview Loop, serving the interior of the property, This main loop road will have 50' of right-of-way and a 34' improved width with sidewalks on both sides. Area 1 is aucessed from two intersections with the main loop road. The two access design is intended te promote access for emergency vehicles. Baker Drhee and Baker Court streets will be 37' of right-of-way and 28' improved surface, with parking and sidewalks on one side. Area 2 is accessed from three streets which intersect the Ki.ain loop road. The lots are served by two local streets planned for a 37' right-of-way with rt 28' improved width. 'rwo alleyways are planned to provide double frontage for some of the lots. The double frontage will allow for staggering of the entries into lots, as illustrated on Exhibits 1 and 3. The alleyways will have a 30 right-of-way and a 20' improved surface. A 40' right-of-way is planned for the southern section of Hood Drive, Ten feet of this right-of-way will be used as landscaping to buffer properties to the south, Page 4 • Revised 5/1/90 Bull Mountain North Flamed Development and Variance Request Two street stubs (St. Helens Court and Hood Drive) with a 50' right-of-way have been included at the request of City staff. These street stubs will provide for access and circulation for properties to the south. They will r)e built to full City standard. All streets will be public. There will be a 6' utility easement outside the right-of-way on each side of the street. D. Parking All residential lots will accommodate a minimum of t wo off-street exterior spaces. The main, loop road will have a 3e improved width which allows for parking on both sides of the street: The local streets in Areas 1 and 2 will have a 28' improved width, therefore parking will be limited to one side There will no on- street parking in the 20' alleyways. car garage and space for two cars in the driveway. This off�street Each g seconside have adequate to accommodate the one -side paring for 23' streets and no parking on the 20' alleyways. As described above, Lots 24 through 42 are designed with a staggered uphill - downhill layout. Each uphill home will have an entry walk provided from the downhill street so that guests can park below and easily walk to the home. The goal of the design ' p privacy and access from the uphill side while provide sufficient parkng des is to provide opportunities in the driveways and from the downhill side of the lot. E. Landscaping Street trees will be planted along all streets as illustrated on the landscape plan, Exhibit 3. The property entrances at Murray Boulevard will be improved with entry paving. Lot owners will have responsibility for maintenance of landscaping, Y V. Consistency with Planned Development Approval Standards Section 18.80.120 of the Tigard Development Code sets forth the approval criteria for a planned development. The applicable criteria are discussed below. Density Due to the inclusion of two areas of single - family residential development, the property will build out with one -half the maximum density allowed by the Development Code: The request is for 494 units (194 single- family and 300 multi - family). Maximum density allowed by the Code is 991 units. Visual Clearance Areas: As required by the Development Code , all streets will have a minimum visual clearance triangle measuring a minimum of 30' from the intersection of - ri ht of wa� b y lines. The entrance to the site from Murray Boulevard has been designed with a 35' of vision clearance area See Exhibit 3. 1 1 Revised 5/1/90 Bull Mountain North Planned Development and Variance quest Landscaping and Screerningd Street trees will be planted throughout the subdivision. Due to the width of the streets, street trees will be installed 'Within the yards of the dots. All landscaping will be installed and maintained according Duo the standards of the Code. A 40' right; -of -away section for Hood Drive has been planned tcs provide a landscape lauffer between the site and properties to the south. Low maintenance landscaping will be planted. Off - street Parl ins Two off-street parking spaces will be provided for each dwelling. At least one of the two spaces will be covered, In addition, the driveway to each homes will have space for two additional parking spaces. ,elationshi a to Phys cal nvironment The excellent views from the site are its greatest physical feature. The preliminary plat has been designed to maximize views. The few trees which exist on the property will be retained as much as possible. Street trees will be planted as required by the Code. The drainage way will be left open as a drainage easement extending 25' from the centerline of the drainage way. Ptafferiia and Noise: Buffering from noise on adjacent collector streets is provided by the orientation of the perimeter lots toward the inside of the development. Private Outdoor .g ea 1ach will have a private yard. Pedestrian Ci culationa Pedestrian access from the upper streets in Area to Murray Boulevard and S.W. 135th will be provided by a 10' pedestrian path right -of -way dedicated to the City. The main loop road will have sidewalks on both sides of the street. The leca1 streets will have sidewalks on one side of the streets. Public transit: There is currently no transit service to the property, Adequate area exists for a bus stop within the Walnut Street right -of -way, should Tri-Met extend service to this area in the future, ge and Utilities: A grading and drainage plan, Exhibit 4 is included as part of this Drains � . ' g p application. Final drainage plans will be engineered according the Chapter 18.84 and the 1981 Master Drainage: Plan. A Utility Plan is illustrated in Exhibit 5. VI. Compliance with Variance Criteria Four variances are requested as part of the subdivision: 1. Redaction of the local street right-of-way width from 50' to 37' for three streets: Baker Drive, Baker Court, and .food Delve; Approval l of 28' local streets with sidewalk and parking on one side. applies to the same three streets cited above. ' lots on Baker Drive. Allowance of o fences looted 10 feet from the front lot Rine for 10 This request 1 1 �1 1 1 1 1 1 co 1 Bull Mountain North Planned Development and Variance Request Revised 5/1/90 4. Allowance of a lot depth -to- width ratio in excess of 2.5 :1 for 21 lots. Section 18.160.120 of the Development Code est ablishes:4 the criteria for review of variances as part of a subdivision. The following findings address those criteria for each of the two variances. ll ight -of Way Variance: The right -of-way width valance is requested in order to maximize views for as many lots as possible while minimizing grading into the hillside. The proposed street width 28' r i. 50' has 28 (curb to curb). Implementation a: the required 50 right -of -way width for streets which are 28' wide would cause unnecessary grading wild cutting into the hillside to create the driveways and building pads. The requested 37' right-of-way is a reasonable right-of-way for the 28' wide streets and eliminates the unnecessary cutting and grading. The right - of-way variance is necessary for the proper design and function of the subdivision because it will allow the maximum number of lots to have views with the minimum amount of grading of the hillside. The granting of the requested 37' right-of-way will not be detrimental Within planned developments, the Code allows for the proposed improved street width of 28'. A 50' right -of -way is unnecessary for 28' street. It would result in unusually large setbacks for the homes, with extensive grading into the hillside. Strict compliance with the 50' right-of-way y standard would result in fewer lots with views and P more grading of the hillside to create building pads. These impacts would create a hardship for the applicant by increasing the costs of development. They would also be inconsistent with the purpose of a planned development to promote development which complements physical feature, i.e. view potential. Variance for 28' Streets with Parking and Sidewalks on (one -Side. This variance is requested ' �t for three streets: Baker Drive, Baker Court, and Hood Drive: Together, these streets are 4,000 feet in total length. Northview Loop, St. Helens Court and a short section of Hood Drive will be standard 34' streets with parking and sidewalks on both sides. minimize grading, improve view potential, reduce The purposes of ,t a variance are to ce development costs to a feasible level, and achieve continuity of the design of Baker Erive along its full length. The grading and view rationale apply to the lots east of Northview Loop in Area 2. This area has an average grade of approximately 10%. If the standard 34' street is used in this area, it would result in more grading and impact on the hillside. The grading sta ... . . gg g the along east side of Baker Drive, thus would reduce the ern of the 19 lots alon the south and e reducing the view potential for the 10 homes which will have driveway access from Adams Lane. One of the objectives of incorporating the alleyways into the design is to maximize views. Standard 34' streets would detract from this objective. The cost rationale for this variance is reality that the applicant and City must address. The applicant will be required to build S.W. 135th, , Scholls Ferry Rossi to . Murray rra }3c�ulevard and collector standards with full utility improvements This level of financial obligation : in q places g very heavy burden on the project. Approval of the requested variance will assist keeping the project financially feasible while providing an adequate h proveinent standard far three 1 1 1 Revised 5/1/90 Bull Mountain North Planned Development and Variance Request streets subject to the variance. Sidewalks on one side of the three streets will not be detrimental because adequate circulation for pedestrians has been provided. There will be an off .street pedestrian right-of way in Area 2, sidewalks on both sides of Northview Loop, Murray Boulevard, St. Helens Court and a short section of Hood Drive. There will also be safe walking opportunities in the alleyways. Taken together, these elements of the plan provide a complete pedestrian circulation system. Parking on one side of the three streets subject .to the variable will not be detrimental because adequate parking will be available through a combination of parking on one side and parking in driveways and garages. Each lot will have a two-car garage and two driveway spaces for on- site parking. In addition, the 11 homes which have driveway access from Adams Lane will have space on their Baker Drive frontages to provide additional on-site parking if the homeowner needs it Parking on one side of Baker Court will provide approximately 8 on- street spaces. Parking on one side of Baker Drive will pride approximately 67 spaces. Parking on one side of Hood Drive will provide approximately 36 spaces. These on-street parking spaces will, in combination with the on-site parking spaces provide adequate parking for the streets. • 4 . Baker Drive has been designed with a 28' street width in Area 2 for the reason cited above. On the east side of Northview Loop, Baker Drive and Baker Court are also 28 in width to provide continuity and a consistent design for the street. It would not be logical to design a different street width for Baker Drive on either side of Northview Loop, The consistent width aligns the drive lanes, grovides a more planned appearance and visually links the two sections of Baker Drive. Strict compliance with the standard street width will increase grading, reduce view potential, increase development coste, and provide design continuity for the entire length of Baker Drive. As described above, the project is carrying the cost of off-site improvements on three sides of the property. The requested variance will save the cost of Etpproximately 24,000 square feet of paved street and 4,000 linear feet of sidewalks. Approval of the variance will be consistent with providing flexible development standards within the planned development overlay. Variance to allow 6' fences 10' from Baker Drive for 10 lots, This request applies to lots 25, 26, 29, 30, 33, 34, 37, 38, 41, and 42. These are the lots south and west of Baker DriN'e which will have their driveway access from the Adams Lane alleyway. For the homeowners of these lots, the front of the home will be along Adams Lane. However, the City has informed the applicant that addresses for the lots must be Baker Drivo addresses. According to staff, the city defines the Baker Drive side of these lots as the "front" lot line. The Development Code restricts the height of fences to three feet within the 15' front yard setback. The purpose of the requested variance is to allowed the homeowners of the Subject lots to place 6' fences in the area they use a' rear of their lots. 1 The variailce will not be detrimental because the fences will be set back a minimum of 10P from the right-of-way. The impact of the fence will be further reduced by the fact that there will l("a.ge 8 • ' Revised 5/1/90 Bull Mountain North Maimed 'Deve1op reeeof and Varian Request be only 10 homes authorized ;,tor the variance. The ten homes alternate in sets of two as illustrated on the plat. With the 10' setback and alternating pattern there will not be a i g addition, , q 10' sethack Tor cumulative effect of a tall wall along the street. In addition the requested �. fences will provide for adequate clean vision from adjacent driveways. i. rd' ance would cause property owners to set 'their 6' fences 20 feet P i their proper and the potential Strict compliance with the ordinance , back from Baker drive. This would result in inefficient use of tlge for a large, overgrown area between their fence and Baker Drive. The purpose of the standard, to avoid a walled appearance adjacent to the street, can be fulfilled while allowing for 10' of additional backyard. Allowance of a lot. depth -to -width ratio in excess of 2.5:1 . This request applies to lots 24 -42 and 59 -60: These lots are generally 50' to 150' to maximize view potential. The greater the lot depth, the more staggering of the home and views which can be created: The variance will not be detrimental because the lots cannot be further divided to create flag lots. The purpose of the ordinance's depth -to -width ratio of 2,51 is to leaser. the potential of . y u There purpose ; the flag lots on land that can be more efficiently used for standard n1 not be area on any standard will be maintained by the requested variance. .aher n of the subject lots to further divide the lots into flag lot configurations, Strict compliance with the ordinance will cause the applicant to redesign the plat to lessen the staggering of the homesites for lots 24 -42, View potential for the horaesites would be lessened without any public benefit. Strict compliance with the standard depth -to- width ratio would be contrary to the main objective of the design -- to maximize views. MIL Smeary The Bull Mountain North Planned Development is designed to meet two objectives (1) Maximize the spectacular views of Mount Hood and the Tualatin Valley, acid; (2) Provide lots "starter" homes. The City s planned development overlay is a useful tool for moderately priced . City's , The ability to design for streets which in width and in implementing these objectives. � without an unnecessch ,�ainount of grading. setbacks helps to provide sews w�. contribute lots reduces the costs of street construction, which will contra to competitive costs of lots and homes, particularly in Area 1. The three requested variances are an integral part of the subdivision design, : The applicant respectfully requests approval of the planned development overlay and variances. Page 9 APPENDIX A EXHIBITS dY 1. Preliminary Plat `�. Site Analysis 3. Landscape Plan 4 Grading and Drainage Plan 5. Utility Plan LEGIBILITY STRIP 0111.19.• 40' R:OwW. SECTION: 30' R.O .W. ROAD SECTION (TYPi P3 3 3T Ft O.W> ROAD SECTION (TYP.) //--Area: l: s_w Hindan SL IAN R.O.W. sit aro TO SE VACATED st: itLl@M.{ir NOTES: 1. Not straws me 6' LtiSty easements • an either side el al sweets. 2. Strew names a s p el:ninety . d.- .Parcels -A; 'B' and ''C' are not within Flamed untt deretopment.' - S.W. : MURRAY BLVD.. SE_ 115- 2785 BULL MOUNTAIN NORTH, Planned Development Thar¢, oar, McDonald Partners garage Rving entry paving adry sign wan— SW. MU RAY BLVD. CONCEPTUAL LOT LAYOUT,: ENTRY & TYPICAL LANrDS(APING_DETAIL scrim r 2O -0' SMALL ORNAMENTAL STREET TREE MEDIUM SIZED STREET TREE 4. LARGE STET TREE -'�tf, ■kl scaka r - 2'Y — Baker Or SEC ION: A -A OF PHASE TWO TERRACES S.W. Morning Hii Dr. S:Vt Cdst St. ne' • 1111 ,[1J S:W. , Hindcrt St r _ ,1[ to 1' 117 114 . & ..1'. .7 _ - �/. ! 3'j �►�J fir, 1. to 7 �� tai- �i=i: �/. t�i.' ��'�� /% s � e.- a - ' 5410 1i • . A� L� .. It it -'( 1 111511114011r ."ffit 11 44:11.3-‘”?1,141,3.11, /14, ir n sz:to.i NOTE: - G MANG SHOWN G PRELIMINARY OR 9Y zor- 4 lS 'j7QS J. _ SAY. Mwning.1- 111.Or; :.W.- Cast St.. FUTURE: MU1ii-FAMILY SITE 41 Ma: IS ST I.. Mae Wrie tar sar14++a0w0.21 earawas ?mat- .1111.71a ` -. 13 pm *m UTMES- SHOWN ARE PREUMNARY ONLY R 2105 ' 17355 SAN. Boones Ferry Road Lake Oswego, Oregon 9703 5 503/635-3618 25 Central Ways Suite 305 Kirkland, Washington 98033 206/822-4446 ArthOtittiN a Chfl Ena ineering a L,andscaPt) Archlt4,cturc ® Land Plana n • Urban bodkin ® Sun eyirig • . i� .r 2 I a:, STATE OF OREGON County of Washington City of Tigard AFFIDAVIT OF MAILING i SO. being first duly sworn/affirm, (Please print) a S for That. I a� ��� The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HARING FOR served NOTICE OF DECISION FOR: City of Tigard Planning Director .„...Tigard Planning Commission Tigard Hearings Officer Tigard City Coancil on oath copy i A Public Blearing Notice /Notice of � Exhibit "A") was wailed to each name attached list marked exhibit "F" on the said notice NOTICE OF DECISION as hereto bulletin board oaa the i... day of in tie Uni t:Lyd Stated Hail on the post ge T)re paid e Decision) f which is attached (Marked d perecbnB at the add_reas shown o��the day of �a 13 attached , war poste siate Ste on an appropriate r and deposited day m / r 19j, ; J A4 P ejpaxed Notice /Pasted . ('or Decision ®!! Yl • yrrt'J "l��fi►� rl stipit 1bac ` + d sworn/affirm to ate on the ,rW ✓ a + are "Yw w i. o: - CTA'E��' PUBLIC! �.on nxjp�.res o • .., e:son Who delivered to POST OFFICE Subscribed and 19 ;36 1.4k1r,111; sworn/affirm tC ine on the l��' gy of, PUBLIC CAF -C3 ' ' aON� M.. ... Commission .vn EXpir ee a d �` ,, 4• k L: 1t CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING ..... COMMISSION 1 Concerning Case Number(s): SUB 90 -0004 PDR 90 -0004 aO -0 04 VAR 90 -.0008 2. Name of Owner: Marclem uecfer, et _al Name of Applicant: McDonald Partners 3. Andreae 102 60 SW Oreenbu4d City Tigard State OR Zip 97223 4. Addresa of Property: Between Soholle fi ers.y► Road _and 8W 135th Avenue Mouth of the Cotswald subdivision Tax Map and Lot No (s) : _2§3„,a_aajaaam lot 101 5 Request: a recueat for c 1,J„ a zone _ Change to _ angav the Plannp d Development overlay zone to the enlidagtaigatatP-21...0120adagMl_RrelimillikEZ lat Planned De nl ment conserjtual 21an approval . to divide 42.2 acres into _ 194 sin le Tamil residential lots to le develo ed in typo haves. lri _ gatl. on a 12.5 agge_mgEcel . would be created for a potential future m u 1ti- Eemf 1y,deveiow,e�at� and 3 a �'ara��cee. to allow , ,' a 3' foot wise right -of- wa where 50 feet is normall,yare ired t a 17 foot c Ora : e setback where 20 feet is normally re • fired and c sidewalks on one . side of all 28 foot wide local streets included in the dcvelomment. ZONE. .R -32;r R al (.Residential 12 and 25,,Raitg/22021 6. Action: Approval as requested Approval with conditions Denial ' 7. getice: Notice was published' in the newspaper; posted at city Hall ,..and. mailed to: g The applicant and o;her(h) X Owners of record within the required distance The affected Neighborhood Planning Organization X Affected governmental agencies 8. Pinal ecimion THE DECISION SHALL BE FINAL ON r_,2 '0 9Ad _ UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Nall, 13125 SW Ball, P.O. Box 23397, Tigard, Oregon 97223. 9 Ap sal s Any party to the decision may appeal this decision. in accordance with 18.32.290(B) and Section 18.32.370 yh dh provides that a written appeal may be filed Within 10 days after notice is given and want. The appeal may be submitted on City forms and dust be accompanied by the appear fee ($31.5.00) and transcript costs, (variao3 up to a maximum of $500.00). The deadline i:or filing of an appeal is 3 :30 pan', lay 22, 1990 10 ►1 Questions: If you have any questions, please call the city of Tigard Planning Department, 639-4171. [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]