SDR16-80 POOR 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PLEASE NOTE: The original paper record has been archived and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.
[Page Too Large for OCR Processing]
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}I kiF ROBIRT RANDAL 'CO.' SbR ,16=-,80
7955 SW`'Botlita; 2S1 '12BA ,'5600',,,,'
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(P, e:v. 2S1 12B`) 401) Ref ,32-78(
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20.1 ACCEPT LATE BANCROFT APPLICATIONS 1,
(a) Deputy Recorder reported the following late bancroft application •
forms had been received and requested Council officially accept them
for consideration.
See attached listing numbered 2.8.
(b) City Administrator requested a short: recess so that details could be
worked out on the bond sale issue.
RECESS: 10:00 P.M. • .
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RECONVENE: 10:10 P.M. op
(c) Staff reported that the ordinance calling for the bond sale on 72nd
A Avenue (Sale #16) would need to be presented at the 'special meeting }; .
of 9-28-82 for Council adoption since many late applications will be " 4,,
accepted tonight and vary the bond sale amount.
(d) Mr. John Smets requested that Council accept his late application on
72nd Avenue for the deficit assessment on ID #115 in the amount of
$129.21 and #68a for $605.62 and #68b for $1,114.34. _ �- ...
(e) Motion by Councilor Stimler, seconded by Councilor rook to accept all
1 late applications as presented by staff.
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Approved by unanimous vote of Council.
(f) Motion by Councilor Scheckla, seconded by Councilor Cook to allow Mr. • '
Smets to file late applications by 11:00 A.M. on 9-28-82.
Approved by unanimous vote of Council.
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(g) Motion by Councilor Stituier, seconded by Councilor Scheckla to direct
:aff to prepare proper ordinance calling for bond sale #16 to be
heard at special Council meeting of 9-28-82, 11:30 A.M.
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Approved by unan4.tnous vote Lf Council.
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20.2 BONITA FIRS REPORT
(a) Director of Planning and uevelopment stated that the developers of
Bonita Firs need to process a major land partition for that project
and Planning Staff originally misdirected them by advising a major
partition not, necessary. q o land anti approve a
authorizing major Council
, ^° ^^resolution thorizin the processing Director
of the requested
jo
arti.tion was
without the imposition partition
"` � � � position. of the burden of financing the. filing fees. , `
(b) �11 h+ A RESOLUTION OF THE TIGARD CITY COUNCIL
b RESOLUTION �0'd ���.�
AUTIORIZING TR PROCESSING Or A MAJOR
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. LAND PARTITION FOR T Hl BONITA FIRS
PROJECT:
,,c) Motion by Council* Brian, seconded by Coin.. r Crook to approve.
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Approved byj uhanituous vote of Council.
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PAGE 7 - OUNCIL MINUTES - SEPTEMBER 27,, 1982
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the irtobert
Kandall
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company
Kristin Square• 9500 S.W. Barbur Blvd. 0 Suite 300• Portland,Oregon 97219• (503) 245-1131
Telex #360557
September 22, 1982
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Mayor Wilbur Bishop
, .a City of Tigard
P.O. Box 23397
• Tigard, Oregon 97223
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Dear Mayor Bishop:
On September 2nd we delivered to the Department of Public Works
various documents providing for the dedication of S.W. Fanno
Creek Drive and greenway areas through our Bonita Firs project.
This was done in accordance with the requirements of the design
review approval for the project issued prior to that construction.'
At the same time we delivered the condominium plat for Phase I of
the project, to be signed by the Chairman of the Planning Commission 6
after the dedications were approved. The condominium plat for Phase
II of the project was also ready to be signed once recording infor-
mation on the dedications was available. Recording of these
condominium plats is essential to permit our company to close the •
sale of 11 living units in the project. •
Establishment of Bonita Firs Village as a condominium has long been
anticipated and was considered during the planning approval of the
project.
After we delivered these materials to the city, we anticipated a
romp rp nse to request � _ representations
prompt spo our re uest forand made represen
to a number of our buyers that their sales could soon be clos..d. ' �o
Unfortunately have en unnecessary and now
l we h .
y encountered at first unriece
unjustifiable delay on the part of Mr. Currie, the Director of
Public Works.
materials we were the dedications
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} is � � ere
Upon. our submission of the mat told�that
could nod. be approved:... J until the City � ca�adceet�dedc.apionber
e Cif y Council
13th. Although most jurisdictions in this are p
simply b the signature of the Ma yor an d a check 7eck with your City
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Mayor Wilbur Bishop
September 22, 1982 .
Paget
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Attorney revealed that there is no requirement for Council approval under .
your ordinances, we somewhat reluctantly accepted this delay on the as-
sumption that after the Council meeting on the 13th these dedications ,
would be recorded and our plats signed and recorded shortly thereafter.
On the assurance that the approval of the dedications was merely a for-
mality, we did not appear to bring this matter of delay to the council's 'I
attention at the September 13th meeting,
- r The next morning when we went to the Public Works Department to pick up
the dedications and the plat to continue the recording process, Mr. Currie
I ' refused to release them to us. He asserted because we separated the Bonita '
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' Firs property into three parcels with the dedication of the street and we
sought to record a condominium plat on the project, we would need to apply
for a subdivision approval to be processed through the Planning Commission.
. This position simply is not legally justifiable, several of our attorneys
have reviewed this matter with Mr. Sullivan, your City Attorney, and they
all agree on this matter. The original P.U.D. approval for this project
and subsequent design review decisions established the alignment of Fanno
Creek Drive so the dedication we have submitted only formalizes decisions
reached through exhaustive hearings and negotiations.
Moreover, your City Attorney fully agrees with our legal counsel that under .
a long standing Attorney General's Opinion No 6199 (33 Atty. Gen. 69,
(1966)) the establishment of a condominium is not subject to requirements
of O.R,S. Chapter 92, regulating subdivisions.
Our legal advisors also told us that in such a case where a public official
acts in clear violation of established legal standards, he runs asubstan-
tial risk of being held personally liable for damages which result from
lhis actions. Several of our sales in Bonita Firs are in jeopardy due to
,
,,' this delay in recording.
In summation, economic conditions are very severe for all concerned, and
this unnecessary bureaucratic del ay impacts both t he
hom e bu and our
c omp any in an entirely unfair and unreasonable manner. We
re-
spectfully requk-ist that you take such action as is app,topriate to prevent
any further harm from occurring due to this 'delay, I thank you in advance
for your attention to this matter. i .
Very truly yours, /
, /11.-Ay___ -.- t,i/t,,*_///../ //: ,
Robert D. andal l
President
cc: Robert Jean, City Administrator
Edward Sullivan, City Attorney
ryy, iecto�: of P Works,I , u1�lic �'Jox
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Prank Curr Di
Stephen T. Janik, 1470 1 Main Pl., Portland; OR 97204
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April 9, 1982
MEMORANDUM
TO: Building Official.
FROM Planning Department
�: It has come to my a,ttent;ion that the conditions placed on Robert Randall's
Bonita Firs development have not been met. Specifically, Condition #3 of
Site Design Review (SDR 16-80) approval which states as follows: "All open
space areas and floodplain areas shall be cleaned of noxious vegetation and
dead/dying material. Areas are to be improved for the use of the residents
of this area. Plans for the improvements of these areas are to be submitted
to the Planning Director for review prior to issuance of Building Permits".
Until this condition is met, please do not issue any more permits for this
project.
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KENNE1H A PALE N Alik
ARCHITECTURE 0 PIANNING
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Aldie Howard
Planning Director
City Of Tigard°
12420 5, W. hian
• 'gard,' Oregon k 12 z
- : Bonita Firs Village Condominiums
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Dear Aldie;
D A ld
This letter is to confirm my understanding of our te :'ph//'°o'ne) //
conversation of Ma y 29, 1981;
1) The cul-de-sac at the end of S, W. Kroese Loop is to
remain a requirement. The reason is that a street sweeper ' •
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can not turn around without a cul,•de-sac and no alternative
method of cleaning the street is acceptable.
2) You are however able to accomodate the request to remove
the requirement for the ten foot wide emergency drive
(between builds 5 and 4-5) to the cul-de-sac, . The enclosed
print reflects our planned reVisions,
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Thank you for your reconsideration and removal of this emergency
drive requirement.
Sincerely,
Ken Paulsen
May 29, 1981
Enclosure
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4858 594. 5rEpHE N,oN oor4i l�Nb otEG O N 9��19 244-453q
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,a. RECEIVED
DEC - 198
NOTICE OF CLAIM CITY OF TIGARD
TO: T HE CITY OF TIGARD, ALAN MICKELSON,KELSON r ITS MAYOR, I
JOHN COOK, KEN SCHECKLA, NANCY STIMLER and TOM BRIAN, •
y MEMBERS OF ITS CITY COUNCIL and ALDIE HOWARD, ITS
PLANNING DIRECTOR.
You, a nd each of you, take notice under ORS 30.260 through
; 30. 300, that the persons listed below hereb y make claim against
you.
The first ground of our claim relates to the approval by the
City of Tigard of application No. 74C 32-78 from an R-7 , single-
family residential designation to A-2, a multi-family residential
designation, now known as A-l2 This application was heard by the
Tigard Planning Commission on February 6, 1979 , and approved by. the
Tigard City Council on March 26, 1979 , per Ordinance 79-24 ° at .its.'
meeting in Fowler Junior High School in Tigard, Oregon.
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The second ground of claim rela,tP
s to the design review a pp Ji-
cation submitted by the Robert Randall Company on or about July 2,
1980, and regarding the parcel which was the subject of the proceed-
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ings in Ordinance 79-24 of the City of Tigard. The Planning Director,
Mr. Howard; on July 8, 1980 , submitted a "site design review final
action° letter to the applicants, which was signed by them 11 on July
14, 1980, and placed of record in. the Planning Department files of
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• the City of Tigard; Oregon, at City Hall, at a date subsequent
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unknown to claimants . 1
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1 - NOTICE OF CLAIM
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Ron and Helen Saling are claimants in this matter and own
the following-described real property:
7980 S.W. Kroese Lp. , more particularly described as
Lot 43, Waverly Meadows, in the City of Tigard, County
• of Washington, State of Oregon,
which is in the immediate vicinity of the property described by #'
Tigard Ordinance 79-24. The actions described in the two grounds
of claim above are inconsistent with the applicable Comprehensive { .
Plan, i.e. , NPO 5 of the City of Tigard. This plan was adopted by 11
the City of Tigard Ordinance 77-69 on August 22, 1977. Claimants
did not discover the inconsistencies between NPO 5 and the actions ;'
described above until on or after August 1, 1980
O'DONNELL, RHOADES , GERBE• , SULLIVAN & RAMIS
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By:
Edwr d ullivan
Of At•o74ieys for Claimants
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2 NOTICE OF CLAIM
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. 4.8464
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CITYOF TiFrk
WASHINGTON COUNTY,OREGON
STAFF REPORT
SITE DESIGN REVIEW/FINAL ACTION
TIGARD PLANNING DEPARTMENT
July 8 1980
DOCKET: SITE DESIGN REVIEW, SDR 16-80 (The Robert Randall Company)
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• APPLICANT: The Robert Randall Company OWNER: SAME
9500 SW Barbur Blvd., Suite 300
Portland, Oregon 97219
SITE LOCATION: 7955 SW Bonita (Wash. Co. Tax Map 2S1 12BA, Tax Lot 5600) .
PREVIOUS ACTION:
Ordinance No. 79-24 was approved March 26, 1979 changing the Zone designation
from R-7 "Single Family Residential" to the Comprehensive Plan designation
of A-12 "Multifamily Residential". (ZC 32-78)
SITE PLAN/DESIGN REVIEW:
STAFF COMMENTS: Applicant has reviewed the alignment of Farina Creek Drive
With Bonita Road with the Public Works Director. The intent of NPO 45
to align this street with Bonita at the location of Marciene Terrace did not
happen, and this Staff moved the intersection to the West to align with
79th. The alignment is not at 900, but is workable.
One of the conditions of development stated in Ordinance No. 79-24 is the
continuation of Kroese Street from Waverly Meadows to the West. In consulting
with the applicant and Mr. Joe Gruelich, Fire Marshall, it has been decided
not to continue the atreet, but to construct an emergency ccesa from Kroese
Street to Fenno Creek Drive,
It is proposed to Convert thee apartment units to condominium at some
future date. The Planning CommisSion hall review this conversion at that
time.
STAFF RECOMMENDATION:
Staff recommends approval Subject to tha fdlowing conditions;
1. All Conditions of Ordinance No. 79-24 shall be met prior to isauance of
• Building Permits. (Condition #6 changed) .
I 2,
c 1 1.174, ree04.- „Argiuttra8 rer0.4"shall be
s P1' 7ig Ission reView prio s
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e 1111/
12420 SAW, MAIN PAO, BOX 28397 MARI), OREGON 97223 PH: 639-4171
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STAFF REPORT/FINAL ACTION . •
• SITE DESIGN. REVIEW, SDR 16-80 .
TIqARD PLANNING DEPARTMENT
July 8, 1980
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Page 2
3. All open space areas and floodplain areas shall be cleaned of noxious
'., vegetation and dead/dieing material. Areas are to 1 improved for the
,
use of the residents of this area. Plans for the improvements of these
t., areas are to be submitted to the Planning Director for review prior to :
) . issuance of Building Permits.
, 4. Fire hydrants to be installed to the satisfaction of the Fire Marshall.
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5. No Occupancy Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections ;
verifying this have been carried out by the appropriate department. ,.
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6. No minor land partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning Depart-
ment
ment and the minor land partition is approved and recorded. '
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7. No Changes will be made to approved plans or specifications unless formal
■ 4 I application is made to the appropriate City dqpartment and changes are
, approved by that department. Application for changes will be made in
writing and shall include applicable drawings .
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8. Grading plans and construction plans on all public rights-of-way shall be , •
% submitted and approved by the Public Works Director prior to the commence-
ment of work.
, 9. Public water service and sanitary service shall be installed to this
'
. site prior to the issuance of Building Permits.
10. All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director. H
11. No Building Permits shall be issued until the expiration of the twenty
(20) day appeal period from the date of approval,
• . 12. Improvements may be bonded prior to issuance of Building Permits, however
4' all improvements Shall be made prior to issuance of Occupancy Permits.
13. That street improvements be constructed to the approval of the Public
Works Director prior to the recording of the final plat or issuance of
t , Building Permits. ; ,
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' 14. A copy of the proposed Homeowners' Agreement shall be submitted for
re.v. prior to issuance of Building Permits.
Director
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_pre! This acknowledgement must be signed and returned to the City of Tigard,
Planning Department. Failure to return this acknowledgement will result '
in no further action on this project with regards to issuance of Iluilding
Pe Us or engineetin. approvalo
,,,,,-. til. t,L, eu, 1 t•i• 81) • .
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i410 ure 4 V 4 Date
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DES tG:; REVIEW TE;r APPLICATION rq, C 3..2 --?�
(Use File r on all, correspondence)
' CITY or TIGARD PLANNING DEPARTMENT File # P �i -"
12420 SW :Main Street
Tigard, Oregon 97223 Fee .Roc'd ;25O
;,:. Receipt # eO
Date 'Rec'd__ V
E
THIS MUST BE C O M P L E T E BEFORE IT WILL BE ACCEPTED BY TILE
PLANNING DEPARTMENT.
The "contact person" named in this application will receive all
correspondence from the Tigard, Planning Department and that person
is responsible for providing same to owner, architects, engineers,
consultants, etc.
In this case the "contact person" is:
NAME Ken Paulsen The Robert Randall Co.
ADDRESS 9500 S.W. BarbUr Blvd. Suite 300 Portland, Oregon 97219 I I
(Street) (City) (State) (Zip)
I TELEPHONE 245-1131 •
I have read this section and I agree, as the "contact person",
to provide all information to other persons with an interest •
in this project. .
po.,,,4----- 5-22-80 �}
SIGNATURE DATE
PLEASE PRINT OR TYPE IN INK
PROJECT TITLE: Bon'ta `• De _lo -at tt.Qt. — am. j,w, '',
PROJECT ADDRESS:near-.94 — IIagi.ta-'-Rd. _ 4 .R.-.. ': :r:
TAX MAP #: 2S1 128A r, � TAX LOT(s) #:401 5'61 0 ,_
4 e►, e* `, l , P� 4. �"'p, ,
NATURE Ox' P POSE' DEVELOPMENT Developed as an apartment development
With provisions for conversion to a condominium development •
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fot
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,1 CIRCLE AS APPLICABLE
Off"7ER1 EVELOPER' NAME The Robert Randall Co. , '.w�..
I " . ADDRESS 9500 S.W. 5arbur Blvd Suite 300 Portland Oregon 97219 i t
(Street (City) (State) (Zip)
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' TELEPIIO � (Bus 248-1131
SIoAIk'ATullLi l,—PA" .pvW""'.-u.L..-dh�:f.,l,o...+M ' '
REPRESENTATIVt'S 1,.'t:1E KO Paulsen The Robert Randall Co. �,l
ADDRESS ,9500 S:.,_Rar r kivd. R, ^ d., Oreoi 9721
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-(Street) (City) ;Stote xp °
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SITE DEVLOPY'ENT PLAN AND DESIGN REVIEW
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x Site Plan Review
' File No. '
Architectural Review
' Fee Received $
APPLICATION Receipt #
Tigard Planning Department Date Received
12420 SW Main Street, Tigard, Or. 97223 By
639-4171
Project Title (,B to Roa.d _Davxj pale t.,)__ _■ s r.. Date Filed •
wruw�r, e,
Project Address 79th and S.W. Bonita Rd.
• . Tax Map No. 2 S 1 12 B Tax Lot No. 401
Developer's Name The Robert Randall Company
Address —9500 S.W Barbur -. Blvd. Suite 300 Portland, Oregon .97219
Telephone 2..1.5-1131
Owner's Name ,■ same as above
Address
Telephone w `
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Owner's Signature , w� -tr �t F •
DescrIpt .,on of Proposed U[g►el oped as an apartment development with provisions for
conversion to a condominium development
DESCRIPTION OF PROPERTY •
12x2§_ed Use Ouildi
Dwelling Units 14
73
Garages 21 6
--.,yin-r.:.,•.;...... _ , ,
Site Size 399,000 sq. ft, Tot. Sq., Ft. of Buildings 67;642 sq. ft,
Sq. Ft. of Paving X3;000 ra ,,... ..�., Sq. Ft. of Landscaping 248,000 sq.. ft.
Anticipated Development Date
Anticipated Development� '� Pha s e s ......
Qaltator� S1 09.5 000 00
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CITY OF TIGARD, OREGON
ORDINANCE No. 79-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY THE ROBERT RANDALL
COMPANY FOR AN AMENDMENT' TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT FOR A TRACT OF LAND AT 7955 S.W. IBONITA ROAD AND DEPICTED ON WASHINGTON�
COUNTY TAX MAP 2S1 12B,B, TAX LOT 401, FROM CITY OF,TIGARD R-7" TO CITY OF TIGARD
2342" 114'TILz;,A.MILY RESIDENTIAL ZONE SAND ADOPTING EXHIBITS A", "B , & „CO2 t,." GRANTING ,
THE APPLICATION AND FIXING AN EFFECTIVE DATE. '
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the Lands hereinafter described have been heretofore and
are now classified as' Cihy of Tigard "R-7" and further findings that
pursuant to prescriber.1 procedures, the above--ststed application for a zoning map
amendment was heard in a public hearing held by the Tigard Planning Commission on
February 6, 1979, and all interested persons were there and then. afforded' an
opportunity to be heard, and thereafter the Planning Commission filed its report
and recommended approval with the City Recorder, a copy therefore hereto attached
and by reference made a part hereof, the. Council adopts the following substantive , '
findings:
A. The proposed zone change is in keeping with the NPO 5 Plan for the area,
and
B. Sanitation o and water are r services dr� available to the site off of the
�� . existing lines from the Fanno Creek and Kroese Street adjacent west to .
the subject site.
SECTION 2: THEREFORE, pursuant to the requirements of 'Chapter 18.88 of Tigard
Municipal Code, the applicant' s request for an amendment of the
Tigard Zoning Map of 1970 to zone those lands described in the attached Exhibit "A"
for Multifamily Residential (A-2) use is hereby approved subject to the provisions
of Chapter 18;24 (Multifamily Residential Zone) of the Tigard Municipal Code as
embodied in or exhibited by the documents submitted and identified as follows
Exhibit "A":, - Legal Description
Exhibit "B" - Staff Report •
Exhibit "C": - Site Plan
And further subject to the following conditions:
l. That the g
es
y densit level be restricted to eiht uni
density >r units per acre.
aN. 2e That the applicant dedicate the Greenway atea to the City as
determined by the 140 foot contour flood plain level,.
i, That no development or paving in the flood plait or greenway be
permitted, except where grossing will, be necesSary to continue
the Panto Creek Spine road. The approval will be based on a
hydrologic engineer's study indicati ng adequate facilities needed
to offset any adverse effect due to the construction,
ORDINANCE No: -Ali
C 32-78 The Robert Aandall Company"
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4. That a ten foot right-of-way be dedicated to the. City along S.W. . '
Bonita Road with half street improvements to `'city standards. '
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5. That Fanno Creek Drive be improved as a PPr oved by the Engineering
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Department and align with the existing streets to the. west. ,i .
6. That Kroese Street be continued onto the site from the Waverly
Meadows Planned Development.
7. That all construction and drainage plans with required bonds be
submitted, to the Engineering and Building Departments prior to
issuance of permits.
8. No changes will be made to approved plans or specifications'unless
formal application, is made to the appropriate departments and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. 'o
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
Sect on 3: This ordinance shall be 'effective on and after the 31st day after its
passage by the Council and approval of the Mayor. ,
PASSED: By x.c.en.tz,M i 4n L tr _ vlote of all Council members present This „21.0
day of ,,, 1 , 1979, after being read two times by number
and title only.
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Recorder - CI y of Tiga
APPROVED: By the Mayor. this ay of /L'/'r 1979
Mayor City of Tigard
PACE
ORDINANCE No. 79- 2.L__
Z/u 32-78 "The Robert Randall Company"
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