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SDR1990-00006POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AFFIDAVIT OF HAILING STATE OF OR1GON County of Washington City of Tigard I - 1� r being first duly sworn /affirm, on oath depose and say:` (Please print'' am a lh, L� ms`s" . a (5I G(/1/G _ for That I � The City of Tigard, Oregon. That I' served NOTICE OF PUBLIC HEARING FOR: t.That I served NOTICE OF DECISION FOR: City of Tigard Planning Director. Tigard Planning Commission Tigard Hearings officer Tigard City Council. A copy (Public Hlear'ing Notice /Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the address shown on the attached list marked exhibit 1tl13" on the 2.-t.,(4' day of Npirk.k 19'1P ., notice NOTICE OF DECISION as hereto, attached, was peed on an appropriate said board on the "2-01— ' day of l , 19 '7 0 ..; and deposited bulletin l�____ 19_ s� � in the United States Mail on the ? ... day of , ...i postage Prepaid. prepared Notice /Posted Fot.,Decision S UUscri lied and sworn /affirm to me on the day of .,°NOTARY PUBLIC OF ORE ON My Commission' son who, delivered to POST OFFICE Subsgribed and sworn /affirm to me on the 1.9 NOT try PH)LIC' OF .OREGON ission Expires: • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION • Concerning, Case Number(s): SDR 90 -06 . Name of Owner: Richard Nelson Name of Applicant: Ken Paulsen Address 5638 SW Haines St. City Portland State oR Zip 97219 . Address of `Property: 8335 SW Durham Road Tax Map and Lot No(s) . : 2S1 12CCs tax lot 1600 • Request: A request for Site Development Review' approval to allow development of three additional apartment units and four additional aral a units at the proposed ` Durham. Estate apartment complex. In addition _ an existing house on the site will be incorporated into the apartment deyel,opment.. A proposal for development of 12 apartment units on an adi scent °parcel C SDR 88-- 24) was approved _in January, 1989. The currently .proposed units' will be added to that develo ment. • Action: This application was pre.- iously; approved as Site Development Review SDR 89,09. The app] igant is rec uestang reconoideration of a condition of approval requiring half-street improvements along Durham Road where ad-iatent sites_ have been allowed ,to execute nonremonstrance agreements' in lieu of. half-street improvements. ZONE R-12 Residential 2 units acre Approval as requested X Approval with conditions Dental 7. Notice: Notice was published in the news P P er , Posted at at Cit y Hall, , an d mailed to X The applicant' and owner(a) It Ov ners of record within the rewired- distance The affected Neighborhood Planning organization Y. Affected governmental agencies • Final ,Decision:: THU DECISION SHALL BE AN APPS Is FILED. The adopted findings of fact, decision, obtained from the Planning Department, F.O. Box 23397, Tigard, Oregon' 97223. FINAL ON MAY lf 1990 oNLgSS and statement of conditions can be Tigard City Hall, 13125 SW Hail, d A eat Any party to the decision may appeal this decisio accordance with 18.32-250(8) and Section 18.32 4370 which this provides that ' a written a Peai ma be filed within 10 days after notice is given and sent. The appeal ma. be submitted on O� pp may City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a ''maximum of $500.00). The deadline for filing 9 o f an appeal i s 3:30 p,M: MAY 10. 9uestions : If you have any questions, please call the Planning Department, 839-41/1+ C ty of Tirgard. CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO 90 -07 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH ,,APPROVES A SITE DEVELOPMENT REVIEW APPLICATION (SDR 90-0006) AND ELIMINATES A PREVIOUSLY APPLIED, CONDITION OF APPROVAL REQUIRING :HALF - STREET IMPROVEMENTS ALONG DURHAM ROAD. REVIEW BY THE PLANNING COMMISSION WAS REQUESTED BY KEN PAULSEN AND RICHARD NELSON. The Planning Commission reviewed this application at a public hearing on April 17, 1990. The Commission's decision is based upon the facts, findings, and conclusions noted below= FACTS 1. General Information CASE: Site Development Review SDR 90 -0006 (Previously SDR 89-09) REQUEST z To reconsider a previously issued Director's decision, (SDR 89 -09) at the applicants request because the ' original decision required half-street : improvements along Durham, Road, az a condition of approval, 'where other developments in the area have been required to execute only a nonremonstrance agreement and to dedicate right - of-way d NOTE= Since the time that the Planning Division received this application for reconsideration, the City Council has issued a policy stat ement regarding street improvements along Durham Road where the fund street Count "' y' s NtIP reet improvements. The, policy statement is ST wall. discussed on page 3, paragraph 3 of this report binder the Engineering Division's Comments. The Planning Commission's decision reflects this, policy. b p , tional apartment units and four To allow development of three adds garage the proposed Durham' Estates Apartments complex. In add on� at ntexistin house on the site will be '1 a Y incorporated into apartment p ,.. ,our P a.nto the a ar�.me�it devela meant fear a total of f units. A proposal for the development of 12 apartment unite on an adjacent parcel was approved by SDR 88-24 in December, 1988, The currently proposed units will be added to that development. ?one R -12 '(Residential 12 units /acre) Location: 8335 SW Durham Road, WCTM 2S1 12CC TL 1600. COMPREHENSIVE PLAN D ESIGNATION: Medium density residential FINAL ORDER NO. 90 -07 PC - NELSON/PAtLSEN - PAGE 1 ZONING: R -12 (Residential, 12 units /acre) APPLICANT: Ken Paulsen 5638 SW Haines St. Portland, OR 97219 OWNER. Richard Nelson 16143 SW 146th Ave. Tigard, OR 97224 LOCATION: 8335 SW Durham Road (WCTM 2S1 12CC tax lot 1600) . Background Information Except for Site Development Review SDR 89 -09, no previous land use applications regarding this parcel have been reviewed by the City of Tigard 3. ' .ricinit Information p west of the site are zoned R-.1.2 Properties to the north, east and we i Development i ' w approval (SDR 88-- 24 was ranted to develop 12 apartment units Residential. 12 units/acre). Sate Develo men eva.e granted p on the property immediately to the north and west of the subject parcel: Also, on the property further to the west and northwest another site te Development 89-08) granted 12 Review approval (SDR 8 08) has been , for an additions apartment units. These two projects are intended to use a common driveway to Durham Road, but construction has not yet begun. The Unified, Sewerage Agency's wastewater treatment p lant is located south of the site across Durham Road. This property is zoned I-P (industrial Park) Site Information a L Prot�osal square feet in size, It carport. Most of the The . subject property is approximately 13, 940 contains one single - family residence and a property is wooded, i i ditional apartment units and The applicant proposes to c,ontttruct three ad i also keep the existing single -- family residence. Access t these three single Provided y- way units and the house �.s proposed to be rovided b the comrnan drive note nits. The noted above the to Durham 24 apartment ti ' in� driveway for the ho am Road is to be removed. The Which is to serve the other i exit�t� g driveway required parking; for the three apartment units is to be provided by g s p he proposed ,common. driveway adding everal, s and, also to add three a' aces on the east sde�of g rage. spaces to the proposed apartment,00mPlex to the north. The applicant intends to develop this proposal along with the 12 units to the north as one project. In addition, the existing property boundary between the subject pr:oper`ty (TL 1600) p rcel' - ., and the a to the north (TL 1500) is proposed to be removed. FINAL ORDER; NO 9007 PC -- NELSON/PAULSP N - PAGE 2 5. Agency and NPO comments The Engineering Division has the following comments: a. The sub joct site has 100 feet : of frontage on '' Durham Road. The access and adjacent Proposed developments have 200 feet of P P frontage, creating 300 feet of total frontage for the combined apartment complexes. The access, approved for the previous complex,,' is also proposed to be used by the subject complex and is approximately 350 feet east of Hall Blvd. Engineering staff has no objections to this proposed access. In order to improve the access, we would prefer, that it be constructed with tapered apron wings so that cars would not have to slow down from Durham road to enter as much as they would for a typical driveway apron. We still require a concrete apron, but as long as the storm drainage is directly along Durham Road, the apron can be much flatter than that of the standard apron. b. 'Durham Road is a two-lane, ac paved State highway. The pavement is of the widened west o access to 28 feet from. centerline to provide a. right -turn lane at Hall Blvd. A signal is currently under contract for Road. con,grtruction at the intersection of Hall Blvd. and Durham R Na additional pavement widening is required beyond the eLinting right - turn ' ,lane for the signal on the ' north side of Durham Rt`a.d! . Half - street improvements typically required of developments such as this for Durharn Road are normally 25 feet from centerline. The halt - street ` improvements should include sidewalks, streetlights, and underground utilities. The existing right --of --way is 30 feet from centerline. .' Right wa y along Durham road is typically required to be 45 feet from "Centerline. Improve to Durham Road east of Hall Blvd are currently funded ^ Improvements t meeting with Washington County MSTIP II road levy bond. At a recent me. the with the Cat Engineer, City Council members . 1rmulated a g � y g y policy statement concerning half - street improvements along Durham Road east of Hall Blvd. ` The policy concurs' with a previous policy statement issued concerning half- street improvements along Durham Road west of Hall where the City's Street Improvement Bond is funding full street t improvements. Council agreed that the � previously stated policy should apply to development along Durham on west of Hall. Therefore; it is now the City's policy that half - street improvements and waivers of vemonstra.nce are not required, but that dedications of right -of --way are required and interim street improvements may be required where necessary for safety or g Road east of Hall ' Blvd', other specs. � `�l cons�.deratioris along Durham R c. , , , the north or rear of the p p he property. The ins would .. he site �s r O Of3�' to s drain to th ` � Public storm and sewer lines proposed y. ld connect to u ' ., constructed dust north of the subject propert The lines to b� construct r proposed to Church have been provide service to Tigard Friends Ch being constructed on Hall Blvd. The ctorrn and sanitary sewers will the existing faciliti t Court. g then drain to es �n Bond Street at 8ls FINAL ORDER NO. 50 -07 PC NELSDN /PAULSEN ..y PAGE 3 1A � • The Building Division sion has no objections to the proposal but indicates that the two tax lots would have to be consolidated into one lot in order to meet building setback requirements. The consolidated Fire and Rescue District comments that portions of the exterior first floor of the structures shall be within 150 feet of emergency' vehicular access and 250 feet within a fire hydrant. These measurements from the fire hydrants shall be made around the outside of the structures. y access permit is required The State Hi hwa Division indicates that an accea from requirements will be right-of-way ODC�T. At a minimum, the re nts dedication to 45 feet from centerline, curb and sidewalk along Durham Road, and pavement widening , to the curb location. Portland General Electric, Tigard Water District, and Northwest natural Gas Company have no objections '»o the request. No other comments have been received S. FINDINGS AND CONCLTISION The proposed development is consistent with Tigard, Community Development Code requirements relating to the R-i.2 zone, building heights, setbacks, maximum density. total parking spaces (7 required and 7 provided), covered parking (1 covered p covered s p ace per unit), and access. Also the proposed landscaping• ;plan (With the exception of street trees), visual screening and building orientation also appear to be appropriate. Additional information is required ' , however, relating to the provision of adequate vision clearance at the driveway entrance on Durham Road and the method by which the treed on the property shall be preserved. Vision Clearance The final plan for landscaping and the provision of a sign for the project will need to be reviewed by the Engineering and Planning Divisions to determine" it adequate vision clearance cant be provided ;for the driveway it " i along the entranr.c� to Durham Road. Also, street trees are required by the Code alo Durham Road frontage with a spacing of 20 to 40 feet, depending on ,the mature Size of the trees. The trees should also be.located and selected With the maintenance of adequate vision clearance in mind. Tree Preservation PP a significant percentage of the trees on the site The a llcant �.ndicateg that y ' y_ l shall be. prederved y However; verification of the,'. methods by which t�is steal should indicate the verified m�+�tiods �tbh be eused_ to presebrvei.st s s report. This report " the trees and to insure their survival during and after construction. rINAL ORDER NO 90 -07 PC NELSON /PADLSEN - PACE ;4 C. DECISION The Planning Commission approves Site Development Review SDR 90 -0006 (previously SDR 89-09) subject to the following conditiony Conditions 1-12; shall be Satisfied prior to issuance of Building Permits. • Additional right-of-way shall be deeded to the State along the Durham 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. The dedication document shall be approved by the State Highway Division prior to recording. STAFF CONTACT: Jon Feigion, Engineering Division, (639- 4171) . • The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right. -of -way of Durham Road.. A copy o,F. the permit ` shall be provided to the City Engineering Division Prior to issuance of a'Public Improvement Permit. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171) • The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property, STAFF CONTACT: Brad Roast, Building Division (639- 4171). • The publid Sanitary s, ewer and storm drainage details shall be provided as part of the public improvement plans. The location of existing and proposed lines shall be addressed. STAFF CONTACT: Cary Alfson, Engineering Div isio;n, (639- 4171) . Two (2) sets of detailed ( ) public improvement plans and profile conrrtructi.on drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings land one (1) itemized construction cost estimate, all ;prepared: by a Professional Engineer, shall be submitted for final review and approval '(NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to 'Public improvements. STAFF CONTACT: John Hagman, Engineering Division (639.4171). 6 • Building permits will not be issued; and construction' of proposed public;, improvements shall not commence until after the: Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction'contpliance agreement has been executed. A 100 percent 'performance assn; ance or letter of commitment, a developer - engineer agreement, the payment of a permit fee and a sign installation ` /streetlight fee are required. STAFF CONTACT: John klagman,, Engineering Division' (639-4111). use and maintenance agreement shall be e cuted and recorded Ion 7. A joint maintenance agagreement eni- executed City standard forms for the driveway shared with tax lots 1400 and 1500. The agreement shall be referenced on and become part of 'the all applicable parcel deeds. The agreement shall be approved by the FINAL ORDER NO. 90 -07 PC - NELSON/PAULSEN - PAGE 5 .. .:. r. rn -au .....u.N1 .. w- .,»a,..a4 s..•.+._ ._rr .:.=...:r,:ia Engineering Division prior to recording. STAFF CONTACT: Jon Feigion- • A revised landscaping plan shall be submitted for Planning division approval which is consistent with visual clearance and street tree requirements as outlined in Chapters 18.100 and 18.102 of the Community Development Code. STAFF CONTACT: Keith Liden, Planning Division, (639- - 4171). • An arborist's report ` shall be submitted which outlines which trees are to be preserved and the methods by which they will be protected during and after construction, Staff recommends that this be accomplished with a field visit, involving the developer, a staff member, and the arborist to adequately identify the trees. STAFF CONTACT: I:eith Liden, Planning DiViaion, (639 - 4171). 10. Fencing with a minimum height of 6 feet shall be installed around the drip line of all trees proposed for retention prior to any construction on the site. The fencing shall be inspected and approved by the consulting arborist and the Planning Division prior to building permit issuance. Any later land clearing work within the drip line shall be performed, by hand or in a manner approved by an arborist. A qualified arborist shall inspect the site at a minimum of one time per week during construction to insure that the tree preservation program outlined in the above mentioned arborist report is being followed. The frequency of inspection may be reduced with staff approval for the later stages of construction. STAFF CONTACT: Keith Liden, Planning Division, (639- C :Y 4171) . t shall be obtained A trees removal permit over 6 inches in diameter at breast hei to the removal of any X11. z prior ht on the site. Removal i P � g permits will not be issued for trees designated for protection in the ar ist's report unless sufficient cause is verified by the consulting arborist. STAFF CONTACT: Keith Liden, Planning Division, (639-4171)- 12. Tax Lots 1500 and 1600 shall be consolidated into one parcel and documentation shall be submitted to the Building Division. STAFF CONTACT: Brad ` , ( .j Roast, Engineering Division, X39- -� THIS APPROVAL SHALL BE VALID IF EKERCtSE 1 WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE. It is further ordered that the a PP licant be notified d of the entry of kh.s order. P'ASSEb: This L4" ` • day` of April., 1990 by the Planning Commission, ` of the City o Tigard. Mil a on F. Fy1- .ice Prbb ident Tigard Plariftin Commission . x N%P LSEI4 �-' RAGE 6 F�V`AL OP.�E NO. 0 -07 PC - � 9 �VfEI ;SO t, FINAL ORDER 90 -07PC' KEN PAULSEN 5638 SW HAINES ST PORTLAND,OR 97219 RICHARD NELSON 16143 ,SW 146Th AVE TIGARD, OR 97224 r ∎ ! . 3 it 1, 1 r' 1 y5'�nl������'1�*`iF_ v��/i�rf,'r!1'E�IrfL4h7ti.�• +t.+ar'..4 , r•{..}/c{M w."+.. M7�^+'%"^^ 1M1MYl T{ 1'} 1'! K�IxMl" Y" Y+ V{ a• w} t!Y�.1"'M'++'Y!�M�1NPR'�'Yi1"'M , .; {Vx�H•{1'�Hy1H.")rl.`!YN W.4n'Mb+Y.W'Ia. NNriNNxYa UI,Y,N WV AlltejMUedtwada4Wt ,a. STATE OF 'OREGON County of Washington City Of Tigard I,- d T (\ALLA kad'-11/1''N-- being first duly sworn /affirm, depose and say (Please print) That I am a ; (54(..e. 7 / I for The City of Tigard, Oregon. !i 'ghat I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR City of Tigard Planning Director T ✓ Ti g and Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of was. " mailed to each named " ) Exhibit A :� attached list marked exhibit "B" on the said notice NOTICE OF DECISION as hereto bulletin board on the day of in the united Staten Mail l on the "2.4141' postage prepaid Decision) of which is attached (Marked Pe sons at thl A addr as shown on the 72-111'4'*' day of F .,Grf.S1) att shed was �. � r � posted on an appropriate i J , 19' and ieposited day of\..G�.�V"G 19 -70 , Person who posted on Bulletin Board (For Deciai.on Only) /' /e P csbn wb,o delivered to POST OFFICE 'oI�lili1s on "'w x ±reB s bkm/AFFIDAU sKM HEARING RESCHEDULED N O T I C E O F P U B L I C : H E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD': PLANNING 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, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO SDR 90 -0006 FILE TITLE: Nelson /Paulsen APPLICANT: Ken Paulsen 5638 SW Haines St. Portland, OR 97219 NPO NO: OWNER: Richard Nelson 16143 SW 146th Ave. Tigard, OR 97224 REQUEST: SITE DEVELOPMENT REVIEW SDR 90-06 NELSON /:P.AULSEN NPO #5 A 1 1xquest. for Site Development Review approval to allow development three addditional apartment units and four additional garage, unity at the proposed Durham Estate apartment complex. In addition, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88-24) was approved in January, 1989 The currently proposed units will be added to that development. This application was previously approved as Site Development Review SDR 89-09. The applicant in requesting reconsideration of a condition of approval requiring half - street improvements along Durham Road where adjacent site have been allowed to execute nonremonstrance agreements in lieu of half - street ,improvements. ZONE R-12 (Residentia. 12 units /ace) LOCATION: 8335 SW Durham Road (WCTM 2S1 12CC, tax lot 1500) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER "18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROL. "'UI .L ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES "IF PROCEDURE SET FORTH IN CHAPTER 18.30. 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 4)ERSON OR BY LETTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIrY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES: IN APPEAL BASED ON THAT CRITERION: FOR FURTHER INFORMATION PLEASE CONTACT THE PLANNING DEPARTMENT AT 639 -4171, IGARY) CITY HALL, 131255 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PL JNI'NG ORGANIZATION (NPO) iii. CHAIRPERSON: Crain Hopkins bkit /SDR90 -06 p BKM s3 0 c 0 z 1 2S112CC -01,: L00 m. w w s• w• r TIGARD FRIENDS CHURCH 7130 SW BEVELAND TIGARD OR 97223 2S112C0- 01300 ••aa ••• ADDINGTON, VALERIA G 8465 SW DURHAM RD TIGARD OR 97224 2S112CC- 01500 •••eo•a.• ♦•• aw•♦ NELSON, RICHARD A & CONSTANCY, L JOHNSON, TODD S & CIE A 16143 SW 146TH TIGARD OR 97223 2S112CC -01800 er•e;:= e•aro•ew••• W?YMIRE, MELVIN G JR i!'1845 SW DOVER CT TIGARD ' OR 97224 2S112CC- 06100,•••e••e••••••a•♦ KENNEDY, RREE SE C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 o • • • 2S112CC -06300 ••• ••ems•••• w♦•• . JONES, TERRY W & MARY 15889 SW 81ST CT TIGARD CR 97224 2S1I2CC- 06.500 •e• «•aej••••.is•.•u•w SAKODA, THOMAS Y AND TERESA J 15845 SW 81ST CT TIGARD OR 97224 2S113B0— .00600 •is••e�o•• du ee•..... BURLINGTON NORTHERN INC 2600 CONTINENTAL PLAZA BLDG 777 MAIN ST FORT WORTH TX 76102 :KENI PAULSEN 5688 SW TANGS ST PORTLAND, OR 97219 RICHARD MUM 16143 SW 146TH AVE 'YIGARD, OR. 97224 2S112CC -0l20, • . . COLLING, CHAR ; W AND JOYCE C 107,85 SW VIEW TERRACE T1 : ARIA OR 97223 2S112CC- 01400 .` . . . • • o a . • a .. e TAYLOR, HER.NIECE I NOW HAYMAN COLLING, CHARLES W 9720 SW FREWING TIGARD �y/�y� OR 97223 2S112CC -0170 w ♦• w•• •••• w.a.s POAGE, WAYNE 'E AND BLANCE M 8255 SW DURHAM RD TIGARD OR 97224 2SI12CC -- 01804 •••••e♦y`•••.••.,• BARRETT, GORDON " W & MELISSA J 15987 SW 81ST CT TIGARD OR 97223 , 12CC- 06200. .. . .. ., • • �a �a e • b .• o IAN, DAVID S /CHERYL':F 121, SW 81ST CT .L.LGARD OR 97224 2S112CC -06400 .. • . , • . LEWELLING, GREGORY G AND PAMELA .T 15867 SW 81ST CT TIGARD 0i91224 2S113B0 -00500 • e • a „• MOORE, DONALD , LESLIE JOAN ;K 8170 SW DURHAM RD TIGARD CRAIG HOPKINS 7480 SW VAR NS ST TIGARD, OR ' 97224 • • • OR 97224 •„ •- • • • D iM STATE OF OREGON County of Washington City of Tigard AFFIDAVIT OF MAILING ) being first duly sworn /affirm, on oath depose and say: (Please Print); That I am a V\ _LL_- for The City of Tigard, Oregon. ��That I served NOTICE OF PUBLIC HEARING FOR That I served NOTICE OF DECISION FOR City of Tigard Planning Director +✓'-i gird Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Harked Exhibit "A ") was mailed to each named persona at the address shown on the attached list marked exhibit "B" on the i `-°- day of V\ ,, said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate bulletin board on the day of 1t 19 ; and deposited in the United States fail on the day of t, A u"�144 19 , postage prepaid. Signature Personn who posted on Bulletin Board (For ..Decision On/Y) P son who delivered t� POST OFFI Subs gibed and sworn /affirm to me on the /4 °4-°(--'day of dM � N 31 d '\ tw :jk ��,',I � {r � M :,Cb ' ic�s�.+�, ri��tpires : � �~ 5 '43 Y Mt bkm /AFFlD V. yB NOT AR't UBLIC OF +OREGON' e �• xyji r "� 0. c> 1 N O T I C E O F P U B L I C H E A R I N G rl NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT ITS MEETING ON TUESDAY, April 3, 1990, AT 7x30 PM, I,N THE TOWN HALL OF THE TIGARD CIVIC_' CENTER , 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO SDR 90-0006 FILE TITLE: Nelson /Paulsen APPLICANT : Xen Paulsen 5638 SW Haines St Portland, OR 97219 NPO NO: OWNER: Richard Nelson. 16143 SW 146th Ave. Tigard, OR 97224 REQUEST: SITE DEVELOPMENT REVIEW SDR 90 -06 NELSON/PAULSEN NPO #5 A request filr'Site Development Review approval to allow development of three f C! `dditional apartment units and four additional garage uftif.s at the proposed Durham Estate apartment complex- In addition, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88 -.24) was approved in January, 1989, The currently proposed units will be added to that development. This application was previously approved ,acs Site Development ReView SDR 89-03 The applicant is requesting reconsideration of a condition ond on iti of d aC app requiring half - street improvements along Durham j nt sited have been allowed to execute nonremonstra`ce a greeM nts in lie u of f half = street improvements. ZONE: R-12 (ReSidential, 12 units/acre) LOCATION: 8335 SW Durham Road (WCTM 2S1 12CC; tax lot 1600) (See Map On Reverse Side) THE PUBLIC HEARING MATTER WILL BE CONDUCTED IN' ACCORDANCE WITH THE OF CHAPTER 18032 OF RULES COMMUNITY DEVELOPMENT CODE RULES .... ULES OF PROCEDURE ADOPTED BY THE CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN 180300 ANY PERSONS HAVING INTEREST IN THIS MATTER MAY , BE ED IN WRITING TO BE TEND AND BE OR TESTIMONY MAY BII SUBMITTED ENTERED INTO THE RECORD OF THE HEARING, FAILURE TO RAISE AN ISSUE IN BY P EI�SOP O R LETT ER PRECLUDES' AN APPEAL; AND FAILURE TO SPECI FY T HE CRITERION FRO M COMPUNITY . DEVELOPMENT CODE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPE ALBASEDONTHATITERION . . :. CONTACT THE PLANNING DEPARTMENT AT 639- 4171, TIGARD RCITY HALL, 13125 SW'EHALL BLVD., OR CONTACT ., . YOT,JR NEIGHBORHOOD PLANNING ORGANIZATION (NPO) # .: 5 CHAIRPERSON: .Craig Hopkins PHONE NUMBER: 639 ,5825 bkm/SL 90 -06. BKI �"_" AVON sT DURHAM DURHAM II I Mr I �M �e� i�E V �1, � i�� \� � $7a3 V r ' �1 i ! :�', � e�r4� ls����;��ir i�r'h �� . �llT�`i) 2S112GC_O1100 • . . TIGARD FRIENDS CHURCH 7130 SW }3EVELA;ND TIGARD o • OR 97223 2S112CC -01300 .••••r m••• ADDINGTON, VALERIA 0 8465 SW DURHAM RD TIGARD OR 97224 • 11 2S112CC -01500 ••.••.q..:....,� „� NELSON, RICHARD .A & CONSThNCE( L JOHNSON, TODD S & JULIE A 16143 SW 146TH TIGARD OR 97223' 2S112CCww01800 •. w••a.. ••• w WARM IRE, MELVIN G JR 10845 SW DOVER CT TIGARD OR 97224 2 s112CC -06100 . .I• . ..: a r .. • .''.. . KENNEDY, REESE !C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 28112CC*06300 ....... JONES, ''TERRY W & . MARY K 15889 SW 81ST CT TIGARD O • O,e • •, P.O e OR 97224' 2S112CC- 06500 a ••. ••. w,►•Aees • •+ SAKODA, THOMAS Y AND TERESA J 16845 SW 81ST CT TIGARD OR 97224 2511380000600 .••••.•::.w.....• .O• • BURLINGTON NORTHERN INC 2600 CONTINENTAL PLAZA BLDG 777 MAIN ST FORT WORTH KEN PAULSEU 5638 SGT HAINES ST PORTLAND, 'OR 97219 RICSARD NELSON'. 16143 SW 146TH AVE TIGARD OR 97224 A TX 76102 I u ' 2S1,12CC OI2 'Y�...w.,w• 11•e•wal C OLLING, C TARI o W AND JOYCE C 10185 SW VIEW TERRACE TIGARD OR 97223 2S112Cc...01400 ..�.t . TAYLOR, BERNIE dE I NOW HAYMAnT COLLING, CHARLES` 9720 SW FREWIN'O. TIGARD 2S112CC- -OI70Q •4 <, • POAGE, WAYNE Pr AVl 8255 SW DUR!LAM RD TIGARI n • 4,740, 97223 O • • e • •0•• •e•••:,., FIL nCE M OR 97224 2S112CC- 01804 • • • r. e • • . • • • • • • : • • 3ARRETT, GORDON W'; & AEL ISSA J 15987 SW 81ST CT , TIGARD OR 97223 2S112CC -06200 • e • • :.. • • . • • • . • INMAN, DAVID 451 /CHA YL° F 15921 SW 81ST CT TIGARD OR 97224 2S112CC -06400 ... • :.• w . a . • • 1,`. LEWELLING, GREGOkY G PAMELA 0 15867 SW 81ST CT TIGARD OR 97224 2S113B0- 00500, •••.•w•:r:s: MOORE, DONALD LESLIE JOAN K 8170 SW DURHAM RD TIGARD FOR 97224 CRAIG 8OPKINS 7430 SW VANS ST TIGARD, OR 97223 Ak I if SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box ,23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION' PROPERTY ADDRESS /LOCATION g''3 1c CASE. NO. _, .," OTHER CASE NI,'' S : S P' ba.- 4- RECEIPT NO. m"o1 I>irico revv .. APPLICATION ACCE TED BY: DATE: tiat9ige) Application elements ; submitted V7(A) Application form (1) SITE SIZE OWNER /DEED HOLDER* gicAioNLI, a )EL. on.' (42143" s.).) 14 eti PHONE 6, -Lo .11 -x. I Ti +tea APPLICANT* P VLSE-► ADDRESS authorization (C) Title transfer instrument (1) ( 0) Assessor's map (1) (E) Plot plan (pre -app checklist) � w &* iv . tPHO,NE 2-eki-- (Pc44a CITY`I"d./qrrvza ZIP 4/12.11 *When the owner and the. applicant are different people, the applicant must be the purchaser of record or i a leasee n 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.'. .PROPOSAL SUMMARY The owners of record of the stbwjeCt property request site development review approval to vow 1t8621) s )i Ticxt F (F') Applicant's statement (pre-app checklist) (G) List of property owners and addresses, within 250 'feet (1) (H) Filing fee (S s ),e) ) '(I) Constructien!Cost Estimate DATE DET R:MINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: Approval Date r;1314- 'AfEl, t 1+ I. ems. W Oro /' PlEfi L L 0524"1'/l3P 5 6. Rev' d 5V87'' Approval. Date: Planning F.ngineerini y 1414: ,ghiA IM • List any variance, conditional use, sensitive land;, or other land use actions to be considered as part of this application: oiJ . Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this. application THE APPLICANT(s) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. P Y. If the application is granted,. the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • A l 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 on this application, may be revoked if it is found that any such statements are false. m The applicant' has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this , day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. �KSL:pm /0524P) a)h) 016 441'3-'? 0 C ?)1 )) `'V'- ..n ..✓. wwrva�A. 4rw. �wM1. .:e?N4e+}.w�,4iWe.- +�- �.«�« -:J4 2 S112CC -- 01100 • . • w .. • TIGARD FRIENDS CHURCH 7130 SW BEVELAND TIGARD OR 97223 251.12CC -01300 .....e.w•0•. •p....•4• ADDINGTON, VALERIA G 8465 SW DURHAM RD TIGARD OR 97224 28112CC.- 01500 •.....,... «.. o NELSON, RICHARD A & CONSTANCE L JOHNSON, TODD S & JULIE A 16143 SW 146TH TIGARD OR 97223 25112CC -01800 ...•••••.•••••••••••• WAYMIRE, MELVIN G JR 10845 SW DOVER CT TIGARD OR 97224 2S112CC -06100 •••.e.....••..... KENNEDY, REESE C & RUTH U 1$943 SW 81ST CT I' TIGARD OR 97224 2S112CC -06300 .......... JONES, 'TERRY W & MARY XC 15889 SW 81ST CT TIGARD OR 97224 2 112CC- 06500 : ... .: ..: .. SAXODA, THOMAS ` Y AND TERESA ' J 15845 SW 81ST CT TIGARD OR 97224 2S113B0 -00600 • :e••..... BURLINGTON NORTHERN INC 2600 CONTINENTAL PLAZA BLDG 777 MAIN $T FORT WORTH T ` 76102 M1 >'M'i�..,, 2S112N e��+yry ('sr CC .-012 rw• w•wa•w ..•e••.••• COLLING, CHARLES W AND JOYCE C 10185 SW VIEW TERRACE TIGARD OR 97223 2S112CC- -01400 ....•......... TAYLOR, BERNIECE I NOW HAYMAN % COLLING,' CHARLES W 9720 SW FREWING TIGARD OR 97223 2S112CC -01700 ...e'4,.....•••••••••••• POAGE, WAYNE E AND GLANCE M 8258 SW DURHAM RD TIGARD OR 97224 2S112CC-01804 • ... • BARRETT, GORDON W & 15987 SW 81ST CT TIGARD MELISSA J OR 97223 2S112CC" -06200 ............ INMAN, DAVID S /CHERYL F 15921 SW 81ST CT TIGARD OR 97224 2SL12CC -06400 .. ..O•;....•w..••• :: LEWELLING, GREGORY G AND PAMELA J 15867 SW 81ST CT TIGARD 2811380-00500 .••:••, MOORE, DONALD 'LESLIE JOAN I{ 8170 SW DURHAM RD TIGARD OR 97224 • e b K it .:.:. • OR 97224 h.� xO: �� /)(-CAN REQUEST FOR ANTS DATE: March '7, 1990 FROM: Tigard Planning Department RE: SDR 90-06 NELSON /PAULSEN A request for Site Development Revie' approval to allow development of three addditional apartment units and four additional garage units at the proposed Durham, Estate apartment complex- In addition, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88-24) was approved in January, 1989. The currently proposed units will be added to that development. This application was previously, approved as Site Development Review SDR 89-09. The applicant is requesting reconsideration of a condition of approval requiring half - street improvements along Durham Road where adjacent �a.tes have be en allowed to execute nonremonstrance a reements in lieu of half - street improvements. ZONE: R -12 (Residential, 12 units /acre) LOCATION: 8335 SW Durham Road(WCTM 2S1 12CC, tax lot 1600) Attached is the Site Plan and applicant's statement for your review. From linforntation supplied by various departments and agencies and from other information available to our staff, a re ort and 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 oc 1nente by Mar. 19, 1990. 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 er tions regarding � g g this matter, contact', the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Jerry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of ' our officd. Please refer to the enclosed letter. Written ommente:. Name of Person CoM gent ing: Phone 'Number: b M/8619o_b6. BKH 0. **l 1 a NOTIFICATION LIST FOR ALT APPLICATIONS NPO No. �% (2 copies) CITY DEPARTMENTS V/ Building Inspector /Brad R. City .Recorder Engineering /Gary A- . SPECIAL DISTRICTS Fire District (pick -up box bldg.) Tigard W.D. 8841 SW Commercial Tigard, OR. 97223 Metzger W,D. 6501, SW Taylors Ferry Rd. Tigard, OR 97223 . AFFECTED JURISDICTIONS wash. Co. Land Use & Tranep• 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin 'Martin Joann Rice Scott King Fred Eberle Mike Borreson city of Beaverton % Jim Hendr"yx PO Box 4755` - 4755 SW Griffith Beaverton, OR 97076 _._ State Highway 'Division Lee Gunderson PO Box 565 Beaverton, OR 97075 ▪ SPECIAL AGENCIES General Telephone Mike Mcsherry /Beaverton 4155 SW Cedar Hills Blvd.,97005 Bob Olsen 12460 SW Aain 97223 Northwest Natural Gas Ronald Di Polvi' PE PLS' 2120 NW !Second Aver Portland, OR 97209 TCI Cablevision of Oregon, 3500 SW' Bond o kiss; G -/z61 Inc. CPO No Parks & Recreation Board Police Other School Dist. No. 48 (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 School Dist. No. 23a (Tigard) 13137 SW Pacific Hwy. Tigard-, OR 97223 Boundary Commission 320 SW Stark' Room 530 Hillsbc' OR 97124 METRO 2000 SW let Ave. Portland, OR 97201 -5398 Other CcPAs Portland General Electric Brian Moore Portland General Electric 14655 SW Old Scholls Ferry Beaverton, OR 97007 Met rropolitan Area Communications Harlan Cook Twin Oaks Technology Center 1815 NW 169th Place* 5-6020 Beaverton, OR 97006 -4886 Pacific Northwest !ell 1...' T'Y f 1 ' 1!F Its • LU- F "':...ypl „;.p,N r I :EC t` C C Ci 1 l k 1O.LJN"' t � { 11 t 'V : JJr' NE,11.. ' . E ! 4. 1. t M' 3U . ' r� F+� ,s � y w:}� µ� ( �!c� 41 }� j kd.yt cey��,�f �s der. X . . Mil '1,i M i piste F L 4 1'" O'9 S 9,11.+ri�� 1 D TF n KMt s 1F'`0 F, ; ill llK" TtE 11111‘ ArICH I A1D 0; CITY OF, TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY PL"r, NNIEG COMMISSION Concerning Case Number(s): SDR 90 -06 • Name of Owner: Richard Nelson Name of Applicant: Ken Paulsen Address'5638 SW Haines St. City Portland State OR Zip 97219 • Address of Property: 8335 SW Durham Road Tax Map and Lot No(s).: 2S1 12CC, tax lot 1600 Request: 6. Action: A request for ` Site Development Review _`a royal to allow development, of three adddittonal' a artment units and four • o additional garage units at the pposed Durham Estate apartment complex. In addition; an existing `house on the site will be incorporated into the apartment development. A proposal for development 'of 12 apartment units an an 'ad-�acent parcel {SDR 88 24) was approved in January, 1989. The currently proposed units will be added to that development. This application was previously approved as Site Development Review SDR 89.09. The ' applicant is requesting reconsideration'' of a condition of approval': requiring half.- street improvements along 'Durham Road where adjacent `'sites have been allowed to execute nonremonstrance agreements in lieu of half -- street improvements. ZONE: R-12 (Residential _ 12 units /acre) Approval a requested X Approval with conditions Denial Notice. C' Notice was published in the newspaper, posted at :qty Hall, and mailed to X The applicant and owner(s) X Owners of record within the required distance ' g X The `affected Neighborhood Planning Organization X Affected governmental agencies . Final : Decision: THE DECISION SHALL BE FINAL OW MAY 1, 1990 UNLESS AN APPEAL IS FILED. The adopted findings of fact , decision , and statem ent conditions can be obtained from the Planning Department, Tigard City Ball, 18125 SW Hall; P.O, Box 23397, Tigard, Oregon 97223. • Appeal: Any party to the decision May appeal decision in accordance a eal'th_P with 18.32.290(18) and Section 18;32. { a filed s after notice so g ' en and sent= written ppeal' may be Y F r j filed w�.tha.z� 10 da Pp may � y y costs, varies up tapaied imumthe..., a eal ma be submitted on Cit forms and must be , accom an y PP ($ ) and, transcript cost , ( p maxim of a eel fee 315.00.... $5(10.00)., The deadline for filing of an appeal is 3:30 p.m.. 4 0 *• 10 Questions: If you have any questions, please call the City of Tigard Planning Department, 639 - -4171. r• • CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO 90 -07 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH APPROVES A SITE DEVELOPMENT REVIEW APPLICATION (SDR 90-0006) ` PREVIOUSLY CATION SDR 90 -000Ei AND ELIMINATr.S A P�tEVI�D'USL APPLIED CONDITION OF APPROVAL REQUIRING HALF - STREET IMPROVEMENTS ALONG DURHAM ROAD REVIEW BY THE PLANNING' COMMISSION WAS REQUESTED BY KEN PAULSEN AND RICHARD NELSON g application at a public hearing on April The Planning Commission reviewed this 17, 1990 The Commission's decision is based upon the facts, findings, and conclusions noted below: FACTS 1. General Information CAS E- site P e Develo ment Review SDR 90-0006 (Previously SDR 89 -09) REQUEST: a; To reconsider a previously issued Director's decision (SDR 69 -09)` at the applicants request`becauSe the original decision required half street improvements along Durham Road, as a condition of approval,' where other developments in the; area have been required to executa only a nonremonstrance agreement and to dedicate right - of -way. NOTE: Since the time that the Planning Division received this application for reconsderaion, the City Council has issued a policy statement regarding street ,improvements along Durham Road where, the county's t STIP will fund street improvements. The policy statement is discussed on page 3, paragraph 3 of this report under the Engineering ' r g 's decision reflects this D�.viszon s� comments. The Planning `Comrnissa.ori dec�.s�.on re, policy. �s, b) To allow development of three additional �,onal apartment units and f c. �.r additional garage units at the proposed Durham Estates Apartments complex. In addition, an existing house on the site will be incorporated into the apartment deve opment for a total of four units. A proposal for the development of 12 apartment Units on an adjacent parcel was approved by SDR 88 -24 inaDecember, 88. The currently proposed units will be added t that development. Zone .e) Location: 8335 SW Durham Road, I R -1.2 Residential 12 t.palits a�..c r WCTM 2S1 12CC TL 1600.' COMPREHENSIVE PLAN DESIGNATION: Medium density resident .al FINAL ORDER NOS 90 -07 PC NELSON /PAULSEN PAGE N i . ZONING:. R -12 (Residential, 12 units /acre APPLICANT: Ken Paulsen 5638 SW, Haines St. Portland, OR 97219 OWNER: Richard Nelson 16143 SW 146th Ave. Tigard, OR 97224, LOCATION: 8335 SW 'Durham Road (WCTM 2S1 12CC tax lot 1600) 2. Background Infornmation Except for Site Development Review SDR 89 -09, no previous land use applications regarding this parcel have been reviewed by the City of Tigard. . vicinity Information Properties to the north, east and west of the site are zoned R -12 (Residential 12 units/acre). Site Development Review approval, (SDR 88-- 24) was granted p .its on the property g to develop 12 a �rtnnent units immediately to the north and west of the subject parcel. Also, on the property further to the west and northwest another Site Development 8 has been granted for n add a al 12 approval (SDR 89 -0 ) Review � projects intended n apartment units. These two ro ects are driveway to Durham Road; but construction has not yet begun. The Unified Sewerage Agency'S wastewater treatment plant is located south of the site across Durham Road. This Property is zoned I -P (Industrial Park) . Site information and. proposal The subject proPerty is approximately 13 t 940 square feet . in size. It contains one single - family resi dance and a carport. Most of the property is wooded. Th? applicant proposes to construct three additional apartment units and also keep the existing. sin le -fami l � residence. Access olio these three 'p g g y ominon drivewa units and the house is proposed to be provided by Y noted above which is to e the other apartment units. The se�v then 24 � ` in driveway for the house to Durham Road i� y The _ g ,1 three a artment units is, o Lo be mprovided by ex�.k�t required parking for t�.� P adding several spares on the east side of the proposed common driveway, and also to add three garage spaces to the proposed apartment complex to the north. The applicant intends to develop this proposal along with the 12 units to the north as one project. In addition, the existing property boundary between the subject. property (TL 1600) and the parcel to the north (TL 1500) t, proposed to be removed rXI AL ORDER NO, '00-07 PC N8LSCSr1 /PA iLSSN PAGE . Agency and NPO Comments The Engineering Division has the following comments: a. The subject site has 100 feet of frontage on Durham Road. The access and 'adjacent proposed developments have',, 200 feet of frontage, creating 300 feet of total frontage for the combined' apartment Complexes. The access, approved for the previous complex, is also proposed to be used.by the subject complex and is approximately, 350 feet east of`Hall,Blvd. Engineering staff has no objections to this' proposed access. In order to improve the prefer ,constructed with tapered apron access we would �.efer that it by const wings so that cars would not have to slowdown from 'Durham road to enter as much as they ;,would for a typical driveway` apron. ''We still require a concrete apron,; but as long as the storm' drainage is dirt. 'tly along 'Durham Road, the apron can .be much flatter than that of the standard apron. b. Durham Road is a two paved State hi" h from centerline to v ovi i a widened west of the access g � P s/to,�8 feet pr idea right-turn lane at Hall Blvd. A signal's currently under contract for construction at the intersection of HalliBlvd. aid Durham Road. No additional, pavement widening is required,. beyond the exi,suing right -turn' lane for the signal on the north side of Du' hdm Road. Half- street Yp im rovements t ically,required of developments such as P this for Durham Road are normally '2P from centerline. H,The half -str eet improvements should include si dewalks, streetlights, and underground utilities The existing right-of-way is 30 - feet from centerline. Right,'--of -way along Durham road is typically required to be 45 feet 'from centerline° Improvements to Durham' Road east of Hall Blvd are currently funded by the Washington County MSTIP IT road levy bond, At a recent meeting with the city' Engineer, City Council members formulated a policy statement concerning half - street improvements along Durham Road east of Hall Blvd. The policy concurs 'with a previous policy staten ent issued con cerning half- street improvements along Durham Road west of Hall where the city's Street Improvement Bond is funding full street improvements., Council. agreed that the previously stated policy should apply to development along Durham on west of Hall. Therefore, is now the City's policy ghat half - street improvements and Waivers of remonstrance are not required but that dedications of right- of_way are required and interim °mp - ay be required where necessary for ,safety'or atree: �.tn rovemeni;s m other special considerations along Durham Road east of Hall Blvd.. c The site is proposed to drain to the north , or rear of the property.' The drains would con nect to puba'.ic storm and sewer lines proposed to be constructed just north of the subject proportY.H The lines have been p ro p Deed to rovide service to Ti and FriendE C Du rch being cons tructed op Hall Blvd � The stonm arid ic ritary sewers' wild then drain to the existing facilities in Bond Street at 81st court.. FINAL ORDEfl NO. 90 -07 PC - NELSON PAIIDSEN - PAGE 3 n The Building Division has no objections to the proposal but indicates that the two tax lots would have to be consolidated into one lot in order to ;meet building setback requirements. The consolidated' Fire and Rescue District comments that portions of the exterior first floor of the structures shall be within 150 feet '' of emergency vehicular access and 250 feet within a fire hydrant. These measurements from the fire hydrants shall be made around the outside of the structures. The State Highway Division indicates that an access permit is required from ()DOT. At a minimum, the requirements will be right -of -.way dedication to 45 feet from centerline, curb and sidewalk along Durham Road, and pavement widening,to the curb location. Portland General Electric, Tigard Water District, and Northwest natural Gas Company have no objections, to the request. No other comments have been received. FINDINGS AND CONCLUSION The proposed development is consistent with Tigard Community Development Code requirements relating to the R.-12 zone, building heights, setbacks, TnaXimum density. total parking spaces (7 required and 7 , provided covered space per unit ), covered parking (1 ), and access. Also the proposed landscaping ° P g Plan (with the exception of street trees) , visual screening and building orientation also appear to be appropriate. Additional information is required,! however, relating to the provision of adequate vision clearance at the driveway entrance on Durham Road and the method by which the trees on the property shall be preserved. Vision Clearance The final' plan for landscaping and the �P pxov�ysion of �a sign for the project will need to be reviewed by the Engineering' and Plai Wing Di.visi.ons to d p driveway__ etern7i.ne � if adequate vision clearance can. be rov�.ded for :the entrance to Durham Road. Also, street trees are required by the Code along the frontage pa g 4 feet, p g on t with a s acin of 20 to 40 feet de endln size of the tree he mature s. The trees should also. be located and selected with the maintenance of ade qUate vision' clearance in mind- Tree Preservation The a lic � significant percentage of the trees the ant indicates that a on fp site s all be Preserved. Hawevez r ve if ` cation of the methods by Which this shall should indicate show occur should be verified through t methods to be used to presebve the report,' This re Port x ate the m trees and to insure; their survival during and after Construction, FINAL ORDER NO 90--07 PC -- NELSON /PAULSEN -' PAGE fl DECISION The Planning Commission, approves Site Development Review SDR 90 -0006 (previously SDR 59 -09), subject to the following conditions. Conditions 1-12 shall be satisfied prior to issuance of Building Permits, 1. Additional right-of-way shall be deeded to the State along the Durham Road frontage to increase the 'right -of --way to 45 feet from Lze4'erline. The description shall be tied to the existing right -of -way cen'..erline. The dedication document shall be approved by the State Highway rivision prior to recording. STAFF, CONTACT: Jon Feigion, Engineering Division, (639-4171) '.' • The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Durham Road.. A copy of the permit shall be provided to the City Engineering Division Prior ' p r�or to issuance of a'Public Improvement STAFF CONTACT: Gary P Alfson, Engineering Division (639- 4171) • The a licant shall p ye for r roof and pavement rain drainage to the Public drainage system or by an on -site system designed to Prevent' runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639- 4171). The public sanitary sewer and storm drainage details shall be provided p p p s. The location of existing and as part of the ubl�s.c �� rovement lan proposed lines shall be addressed. STAFF CONTACT: Gary Alfson Engineering Division, (639 - 4171)- • Two (2) Sets of detailed public improvement plans and profile constructio n drawings shall be submitted for preliminary review to the s s Engineering Division. drawings and one (1) itemized construction cost estimate, all Y ared Pre b a Professional P p Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Division (639-4171) ▪ Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 p ercent performance assurance e or letter of Commitment., a developer- engineer agreement, the payment Of a permit' fee and a sign installation /streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639-4171), 7. A joint use and maintenance agreement shall be. executed and recorded on 1400 and 1500 The agreement shall be referee ced shared onand become art sof the all. Cit standard form g n P applicable :parcel deeds. The agreement shall be approved by the FINAL ORDER NO. 90-07 PC NELSON /PAULSEN PAGE 5 Engineering Division prior to recording. STAFF CONTACT: Jon Feigion. t3. A revised landscaping p lan shall be submitted for Planning divisi on approval which is consistent with visual clearance and street tree requirements as outlined in Chapters 113.100 and 18.102 of the Community Development Code. STAFF CONTACT: Keith Liden, Planning Division, (639 -- 4171) 9. An arborist's report shall be submitted which outlines which trees are to be preserved and the methods by which they will be protected during and after construction. Staff recommends that 0iis be accomplished with a field visit involving the developer, a alraff member, and the arborist to adequately identify the trees. ;a,;'YA1�� F CONTACT: Keith Liden, Planning Division, (639-4171)- g minimum height of 6 feet shall hie6 installed around the 10. Fencing with a rt�.�nc I �� proposed for reten bion prior to any construction on the � site. The trees efencing shall be inspected and approved by the consulting arborist and i the Planning Division prior to building permit issuance. Any later land Clearing work within the drip line shall be performed by hand or in a manner - approved' by an arborist. A qualified arborist shall 'inspect the site at a minimum of one time per week during construction to insure that the tree preservation program outlined in the above mentioned arborist report is being fol,Low,fed. The frequency of inspection may be reduced with staff approval .)toi the later stages of construction. STAFF CONTACT: Keith Liden, Planning Division, (639- 4171). ' tik 11. A tree removal permit shall be obtained prior to the removal of, any trees over 6 inches in diameter at breast height. on the site. Removal permits will not be issued for trees designated for protection in the arborist ' s report unless sufficient cause is verified by the consulting arborist. STAFF CONTACT: Keith Liden, Planning Division, (639 - 4171). 12. Ta;: Lots 1500, and 1600 shall be consolidated into one parcel and documentation shall be submitted to the Building Division. STAFF CONTACT: Brad i Roast, Engineering Division, (639.4171) . THIS APPROVAL ISBAT,IL BE VALID' IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE., It is further ordared that the applicant be notified of the entry of this order. PASSED: This y -d'�y Iaf Ap1r�.X 1990 by- the. Planning C � �' � g Commission of the City of Tigard «'' I .Y" i;Jr r Iy.J . r/`� a, ;Mil on F. `Fy Tigard Plannin FINAL ORn 1 NO. 90.07 P - NELSON %PAULSEN - PAGE 6 ie6e Prb ident Commission j �r4H Key Bank of Oregon A KeyCorp Bank Real Estate Department 825 N,E, Multnomah Portland, Oregon 97232 (503) 790-7528 Toll Free; 1(800) 826-3387 March 13, 1991 Ms. Viola Goodman City of Tigard SW Hall Blvd Tigard, OR 97223 RE: Durham Estates Apartments (Richard Nelson - Developer) Dear MS. Goodman titeven W. Cele Vice President Income Property Key Bank of Oregon A KeyCorp Bank Real Estate 825 N.E. Multnomah St Portland, Oregon 97232 (503) 790-7555 Mobile: (503) ) T80 -071 7 (800) 826 -3387 Ext; 7555 FAX: (503) 790 -7536 BANK BANK please accept this correspondence as our "guarantee" that construction loan funds wi ll be withheld to complete the . landscaping and fencing for the Durham Estates project. It is our understanding that this dollar amount is $3,500 (+' /-). This guarantee is offered to the City of Tigard in favor of your " p y �r of erenced issuing an occu anc certf i�.ate for the above r complex. As soon as the landscaping and fencing is completed, to our mutual satisfaction, the funds shall be,, released to the level Viper Thank You in Vance for your courtesies. y Res Steven;' W. , Cole, vice President Income Property Division c. Richard Nelson cl/tigardo'sc IriVolved Innovative Professional a r."... ; , 1�L K '41 --x ‘.. --- -.A i--....j , tai r� J qi T C t_ , �' N. +�FlfJfTjrl •t • j4r ' TT4� 7 T �77TT�TW� yFf l f T . r-T • �,, ' • �-� y:•i:• y ti� 7 r % •� yy. r�r)yr��tj;pY,r�,.•:: rSfit; rr43. �.$� r ��ti '•�S .yy� ` . 111 /? ?Jr.7flf/ /I r� �7:i! '.hf+fi ter '�` �t� :;:••:��', .�i�trl. ^�n, r•.�.+J'•fi ?.tirllLtr_ .�. - } }�= .}�,iyy�•,•..x c.a Co) CC r•e�..— .rr.- .+�..w..�,. - ..._.....r.r..+lr.r� Al.edx A.�AxrAh:tiiA i JOINT VENTURE AGREEMENT n�� ,_::+Jr+...twr._.wa�.- ...,..w w .. .-.....,: b.:« 1— � .,i..t✓.:L..k- +...rK..,n.�w...- 7.13. +:.�..i.i:..+�,.,+r..4». 90- 42920 Washington' County THIS AGREEMENT is by and between CHARLES (Chuck) LOLLING dba COLLING FIRS (Coiling) and RICHARD NELSON and TODD JOHNSON dba PRIME DEVELOPMENT (Prime) hereinafter referred to as The Parties. WHEREAS, The Parties to this Agreement are separa\:ely developing properties sharing a common boundary wh :Lch" intersects with S. W. Durham Road in Washington County,` City of Tigard, at right angles and extends ' north 417' 7" a t 0° 30' 30" E. WHEREAS, The Parties want to share costs of construction and • traversing said bounda north maintenance of a ce�mm�n drsveway travers 3 �' any and all driveways extending east or west. south, excluding to Y This common driveway is more particularly described in. Plan No- 8911, 8925, Sheet C dated 4/15/89, Arctic Designers, Durham Estates/Coiling Firs, Kenneth A. Paulsen, Architect. In consider al promises ' herein contained, �t:iorA of tYge znutu • Coiling and Prime agree as follows: 1. To share equally (5Ot to Coiling, 50% to Prime) the J costs of construction said Leway, �.v tructie�n and maa.x�tenance of sa.i.d eommc�n dr., 2 once initial construction is completed any new capital construction on said driveway shall require una. wmous consent o: The Parties. 3. To grant to each other perpetual reciprocal mutual easements and right to use said dri"eway for normal tenant automobile p ur P oses i. n g res s a: nd egress and uses incllen tal thereto. 4. If a party sells a parcel, they agree to eltecute any R� AGREEMENT 1 �7CI NT VENTURE easement documents required to complete Agreement and perfection r the intent of this of said perpetual reciprocal mutual easements for said common driveway. IN WITNESS WHEREOF, The Parties have hereunto set their hands in duplicate on this day _st 3 7 • • .. rte., + 11.'‘ tie •/�d•.qr•••,.�,! ,. • STATE OF OREGON ) )ss Washington) 4 '� du••• TYxis�,�.- �:x�.str+�:.i�ent '.T 1iy 1 , 10'4./'•• __ 1990 tolling Fxrs n PRIME DEVELOPMENT By: By v 1990. Richar A. Nelson T Jo s n was acknowledged before me on by Charles Coiling as re1aresentad-ive STATE OF OREGON ) )ss County of Washington) 1 0 Notary Public for Ore n My Commission Expires 2,-12-94 This a.nstr�ument was ac9�navgled g e before me on August 3 , 1990 by Richard Nelson m Todd aohnsa and S 4. 4444 r • ec- u: J• a ►�" fN,T '�iE {NTURE AGREEMENT • Me Id Ac for Commi ssio txp e r meht. d gon aLai • EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES A twenty (20) foot strip of land being situated in the southwest quarter of the southwest quarter of Section 12, Township 2 South, Range l West, Willamette Meridian, City of Tigard, Washington County, Oregon. Said .twenty -foot strip of land being more particularly described as follows. The easterly twenty (20) feet of that tract of land described in Book 1160, Page 3700 Washington County Deed Records The east line of said tract being described as commencing at the southwest corner of said Section 12; thence South 89°56'56" East a distance of 359 feet to the southea.st corner of said tract; thence North 00°30'301 West a distance of 417.7 feet to the northeast corner thereof. Said twenty foot strip may be used for ingress, egress and utility purposes as illustrated on Site Plan Sheet C -2, Plan No 8911, 8925, dated' 4/15/39 , prepared by Art�c Designers. STATE OF OREGON County of Washington } f� Donald W. Mason, Director of Ast ssrnenl and Taxation at ecordet of Con- veyances for •�� ". . cer ify',that the within '� . nl ant rlfu l `' received county, :.o-•1 • e. t Doc I 90042920 .Recta 88318 08/09/1990 03 « 38: 56PM_ of Ex- 2,3.()0 O 03/11/91 17:42 TIGARD R/W (503) 684- -6470 March 11, 1 991 Vi Goodwin City of Tigard 13125 SW Hall P.0, Box 23397 Tigard, OR 97223'. Re; Dedication Tax Lot 1600, map 28 1 1200 Washington County R 01 DErARTMENT OF TRANSPORTATION Highway Divi®ion nigh* of Way FILE CODE Julie Johnson has been in contact with our Right of Way Office in an attempt to fulfill the requirements f dedication of a portion of tax of 1600, map 28 1 1200 for highway use, Unfortunately, we have earns unresolved problems as to how to correctly write the description of the area to be dedicated. The problem appears to involve more than the one property currently requesting permits from the city, but we are atterrlpting to resolve the situation prdmptiy. There Is a question as to the description of the property as It exists today, and when (or if the southerly 30' was purchased or dedicated for road purpose, It is Unlikely that the description cuestlon will be decided prior to your March 13th deadline, I hope that this information is helpful, Julie Johnson has indicated their` willingness to provide a' deed of dedidation once this Issue can be cleared up. Please contact me if you recluire any additional information. Sincerely, • Jeanne Troeh Gibson Region Liaison Agent 03/11/91 16 44 X503 684 7297 CITY OF TIGARD ACT I VI Ty REPORT RECEPT I ON OK TRANSACTION # 9868 CONNECTION' TEL CONNECT I CAN ID 03 START TIME 03/11 16:41 USAGE TIME 02' 10 PAGES 3 r�l u/ , ' IA /et--W j Ole q -600 7165 SW Fit 11,0p 'igFird, OI 022 (503) 639 =7311 03/11,'91 17: 43 M 6 -9 1 WED ntithoil T I G IRD RAJ (503) 604-64 ?e 4 4 1 TQDD 11 0 P. 02 Prr2.... FfrstAmerkan TftIeIzsurance Company of Oregon 00 eaburi®d baafri*+ a name► p 111%1! INSUMANOE dOMPAMY clooAd0011 310 & VV., FOURTH AVENUE, P RI'LAND, OR 97204 2376 (603) 22 4430 51 • P' X (603) 202,47274 Pr Iim1 ary Title report ALTA Ow ora Stand, OQv, $ 4 r 0 0 0, a AL' A Ow ur$ Oxtl COY, $ ALTA Ltn+ are Stand, 0dv. $ ALTA L *n i' era Ext. 00v, 10 April 1089` Order too. 156853 indereern E4drow Noi 09 -5 0O05S Othor izn 4 N aae QVt, 8mrw S PPLRMSNTAL PAIPOR ' A ®oneall nactlen wl remlam $ 238 Promlunl $ Pramium Premium $ P►amium $ Oust $ ChArge Cant $ atltl eta►temaiu of AP charges and advenees !n con. h trtle ardor will 00 ONviosti at dleein . Ti rot American 'Tit a Tnr urth00 Coi anY of t re80n' 11706 S.W. Paoifi 0' 34y Tigard, 0r4fon 97223 Xtteftionr Gloria Miiie Telephone Dina t 884 -28e5 we ere pxeprted to Lttiaue ,Irit ,e Trio rano* pe1ity or paliaie$ in the fort And aMoutlt ehOwn aboVeb, title to the foi ,awia described land: 00 15,`00' A part of Section 12, Townehip Range 1 feat Of the Willamette Neridia ai in the Oit Y W f T ge 'd, county of eei,xi gto *rid 8tato 4! Oreg4 ,, more partiOul rLy (loseri):ed amt follow aginninf at the $O t;aeatt 00rh eacribed in Sc)a 425 pol 0e 703, a1®oa 4ef *aid POint tieing in the %ehOe West along , said 041i'ter Lin orth ParaL .ei With the East line d a point, thence fat Parallel t at 100 Feet, to the mAat line out atie d Eagt line tote plat.'' aIn ar of Door teckar Tract al a#hincrton Cult', O '4gonr Deed center of so W ® Durham Road 100 feet to a pointy thence 6f said Seckr x stratit 170 egeet the South lino of aai ! teoker of said Beaky TreCtJ thence beginning. al Of Mat'oh 3 , 1030 at 8 :00 4Pitse . tide ARAY b IAN ' MLLE 0 blact t4 the eXcePti ni, e$010si "he i1 d 4tiPt�c3atti+ ntir "Which ale oodi htri ly part of *uoh policy fOl� _ and ttie fl i t 1. 'a tell for tha AltotlYlt 0'i Pei #414 nco Dada V1 ► A 001,xnt No KyNO, Year 90g499# $020#5 $9280th t 0820,03 plus iri strut; if ah 2811200 0160+ Id1'1141o, Phe;r *.01.iisivo i.o. dl lii 40 lz� 1.e rti ti owti • d�r4 ale tiaiI b� Qo me Vold t1ti . galley lr 14 m otet/m/0)e/ to the rM :urndo 40 4 flit.Miuizinee p6110P 11401 dnb 019 r#rll ra t*ml r 4416,1, 1 „� 03/11/91 17 :43 , TI6ARD R/W (5133) 684 --64 THIS MAP le PURNISMeD As A 9NVENINNOt II' L ASSUMES NO LIABILITY FOR ANY VARIATIONS AS First American ritk 4 Ail 11 if I 28ZW12C 100+ 1100 2,39 ,44 1160 78. R 03 4 H 1,,vO N /ONO PROPERTY AND TMe COMPANY AY SE DISOLOS..Eh SV Ac1ruia6� SURVEY Company r of Oregon It? Isuuw i #VImH, „anio di 7f 11.0 IN&VP t902 CQIWNA IY OP 4FY!O*N 31P 8N FOURTH AVENUEi ORTLAND, OR 01304 (303) 2224 81 ,d 1OO to *.400, SOS 1400 /, 4 ci 160 18 Id 0 A C. 204.44 o�rY r 02,40 100 160 • I7Q►Q /4A , CC UU No W Oi'$ *TAY UI SEE I MAO 4i {ii'' 4 I eat) rw !/(14°A4:1.1 BUR ,4. It 03/11/91 17: 46 7I R/W C503) 684 -64?6 P. 01 TIGARD AI Okirr Cor WAY To, FROM: LO • /3 .Z6' TELEPHONE: TOTAL PAG INCLUDING COVER SHEET; COMMENTS; ; rr FAX #;:, z9� asimottittetni Fex Numborl (503) 684 -6478 {Olfica Phone: (503) 639 -7311 Di PART'MENT OF TRANSPORTATION Highway :Divi$ inn Right of Way FILE CODE: 1.65 SW Pir. Loop Tigard, or( 9722$ (5Q 63041,1, 034-ie 40140 /i 0 3 / 1 1 / 9 1 ; 1 , 7 : 4 6 ( :I GARD R/J (503) 694 -54 ?9 March 11, 1 991 Vi Goodwin City cif Tigard 10125 SW Hall P.O. i!3ox 23397 Tigard, OH 97223 Re: Dedication Tax Lot 1000, reap 25 1 ` 1200 Washington County P. 02 DEPARTMENT OP TRANSPORTATION Highway Division T igh4 of Way (FILE CODE Julie Johnson has been In contact with our Right of Way Office In an attempt to fulfill the requirements of dedication of a portion of tax lot 1600, map 2 1 1200 for highway use, Unfortunately, we have sortie unresolved problems as' to how to correctly write the description of the area to be dedicated, The problem appears to involve more than the one property currently requesting permits from the city, but we are attempting to resolve the situation promptly. There Is a question as to the description of the property as It exists today, and when (or if) the southerly 30' was purchased or dedicated for road purposes, It 1s unlikely that the description question will be decided prior to your Ma 13th deadline. I `hope that this information Is helpful, Julie Johnson has indioated their wiillnuness to provide a deed of dedication once this Issue can be cleared up, if require a add additional info +�matlon. Please contact me i you any � 5lncerely,' .`r 4111/ jieanne Troeh Olbson Legion Liaison Agent .1 1165 3W Pit Loop Tigidret1 OR 9722 (0) 6394311 03/11/91 17: 47 T I GARD R/[4 (503) 684 -6478 P. 03 01 WED 1 :42 TODD S N ''HF ` 'Z1N y -✓ it '.' ' i ,I11 � � The MAP Is PUANISH D AS A CONVENIENCE IN I,. CATING PPoP RTY AND 7110 COMPANY ASSUMES NO LIAIIILITY FOR ANY VARIATIONS MAYBE DISCLOSED SY AMTUAL SURVEY First Americo Title Mauro/ Company.of Oregon iN ote ,,m.d mlnsee nom of tIil.RI iN601 4i OOMPANY ClP 0/11111*N 319 OA FOURTH AVENUE, p FTLAND, OR Al 1 5O3) 222.3e 1 .,� 21L-1"15C 6E Sal • iV‘,IM -- M4 ° W 800 114 . P:. AGENDA ITEM 5.4 March 26, 1990 Tigard Planning Commission Tigard City Hal]. - Town Hall. 13125 SW Hall Blvd Tigard, Oregon FACTS �. General Information CASE: Site Development Review SDR 904-0006 (Previously SDR 89 -09) REQUEST: ) To reconsider a previously issued Director °s decision (SDR, 89.09) at the applicants request because the original decision required half- along , as a condition of approval, where other o Durham l developments is in the area have been required to execute only a nonremonstrance agreement and to dedicate rihtof -wa NOTE • Since, the time that the Planning Division received this application for reconsideration, the City Council has issued a policy statement regarding street improvements along Durham Road where the County's;MSTIP will fund street improvements. The policy statement is discussed on ,Page 3, paragraph 3 of this report under the Engineering Division's. comments. Staff's recommendation reflects this policy. To allow development of" three P' additional apartment units and four additional ara a units at the proposed Durham Estates Apartments g g complex. In addition; an existing house, on the site will be L -a P . ncorporated into the artnent development for a total of four units. A ro osal ,for the development p,nent of 12 apartment units on an adjacent �. ,parcel was approved by SDR 88 -24 in December, 1988. The Currently p proposed will added to that develo p ment Zone R-12 (Residential12 unite/acre)' Location:_ 8335 SW Durham Road , WCTM 2S1 12CC TL 1600. COMPREHENSIVE PLAN DBSXGNATidNs Medium density residential ZONING: Rw.2 (Residential, 12 units/aore) APPLICANT: Ken Paulsen 5638 SW Haines St. Portland, OR 97219 STAFF REPORT -= S 1R 90 -0006 - NELSON/PAULSEN Page OW ER: Richard Nelson 16143 : SW 146th Ave Tigard, OR 97224 LOCATION: 8335 SW Durham Road (WCTM 2S1 12CC tax lot 1600) 2 . Background_, Information Except for Site Development Review SDR 89 -09, no previous land use applications regarding this parcel have been reviewed by the City of Tigard. 3. Vicinity Information Properties to the north, east and west of the site are zoned R--12 (Residential 12 units /acre). Site Develo ment Review a roval (SDR SS --24) p Pp was granted to develop 12 apartment unita on the property i.mimediately to the north and west of the subject parcel. Also, on the property further to the west and northwest another Site Development Review approval (SDR 89 -08) has been granted for an additional 12 apartment unitt ;. These two projects are intended to use a common driveway to Durham Road, but construction has not yet begun. The Unified Sewerage Agency's wastewater treatment plant is located south of'the site across Durham Road. This property is zoned I--P (Industrial Park). 4. Site lnforn•�at`�. on and Proposal The subject property is approximately 13,940` equate feet in size. It contains one Ei ngle � famil y residence and a car ort, � ost the pro petty is wooded. The a, construct three additional apartment units and also keep the pexs.st ng to fa ci.iy residence. Access to these three p units and the ,house 'id proposed to b e provided by the common driveway noted is' to be remo�red. T The existing above serve the other 24 apartment units, driveway h�for thethouse to Durham Road equired ar `men for the three a artment units is to be provided by adding The r p� ..king f p � on dr's.vewa and also several ar .spaces r.�n the east side of th e proposed cam y to add three rfarage spaces to the proposed ap plex to the ,,north. The applicant intends to develop this proposal along with the 12 unite to the north as one project In additiorr. the existing property` boundary between (.. 1500) is �.hF subject property' (TL 1.600)'. and the parcel to the north TL 1 proposed to be removed. 5. Agency and.NPO Comments The Engineering Division has the following comments: a. the subject site has 100 feet of frontage on Durham Road. The access �� eht proposed develo rents � et of frontage, creating and �.d`sac p have 20.0 feet 3. feet g apartment complexes. The QO fe�.t of total -frontage for ,the gombined STAFF REPORT 'SDR 90 -0006 NELSON /PAULSEN Page 2 access, approved for the previous complex, is also proposed to : e used by the subject complex and ALE3 approximately 350 feet east of Hall Blvd. Engineering staff has no objections to this proposed access. In order to improve the access, we would prefer that it be constructed with tapered apron wings so that cars would not have to slow down from Durham road to enter as much as they would for a typical driveway apron. we still require a concrete apron, but as long as the storm drainage is directly along Durham Road, the apron can be much flatter than that of the standard apron. b. Durham Road is a two-lane, paved State highway. The pavement is widened west of the access to 28 feet from centerline to provide a right -turn lane at Hall Blvd. A signal is currently under contract for construction at the intersection of Hall Blvd. and Durham Road. No additional pavement widening is required beyond the existing right - turn lane for the signal on the north side of Durham Road. Half - street improvements typically required of developments such as this for Durham Road are normally 25 feet from centerline. The half-street improvements should include sidewalks,• streetlights, and underground utilities. The existing g ht y ' - r, i -of -wa is 3U fePt from centerline. Ri ht -of -wa Y alon 'Durham road bs t ypi call y rr e qu ir e o be 45 feet from centerline. Improvements to Durham °Rad east of Hall Blvd are currently funded by t e Wa � han g ton Coinn t y MS�IF road 'levy bond. At recent meeting wath he Qit Y En g sneer, C t Y Council members formulat ed a policy statement concerning half'- street improvements along Durham Road east of Hall Blvd.The policy concurs with a previous policy statement issued concerning half- street improvements along Durham Road west of Hall where the C,i.ty e s Bond is funding full street improvements. Council a reed that th previousl stated policy should apply to g e � Y p g est of Hall Therefore, it is now the develo ment alon Durham on w City's policy that half- street improvements and waivers of remonstrance are not required, but that dedications of right - of-way are required and interim street imp.ovements may be required where necessary for saf y p e , , . g oad et or� other s �.cLal conszdera�.ions aeon, Durham R east of Hall Blvd. c. The site is proposed to drain' to the north or rear of the propel -y. The o p sewer lines proposed to .. drains would connect t ubl�.c storrd and be constructed just north of the subject property. The lines have been proposed to provide service to Tigard Friends Church being `tary sewers will then t0 t' r f.�ana.. constr Hall. Blaca�lities i drain he existin g ticted do � g �n Bond street at,Siat Court. vd. The s orm and.. The Building Division gas no objections to the pr( Nosal but' indicates that the two tax lots would have to be consolidated into one lot in order to Meet. building setback requirements. The consolidated Fire and Rescue District comments that (portions of the exterior first floor of the etructu w 50 feet of res shall oe within 1 g y . r access and 25' ` emer enc vehxcula aD feet ' within a f ire hydrant. These STAFF REP4RT - SDR 90 -0005 NELSON /PAULSEN Page 3 ti measurements from the fire hydrants : shall be made around the outside of the structures. The State Highway Division indicates that an access permit is required from ODOT. At a minimum, the requirements will be right -of -way dedication to 45 feet from centerline, curb and sidewalk along Durham Road, and pavement widening to the curb location. Portland General Electric, Water Tigard W .. District, and'Northwest natural Gas g Company have no objections to the request. No other comments have been received. B. FINDINGS AND CONCLUSION The proposed development is consistent with Tigard Community Development Code requirements relating to the R -12 zone, building heights, setbacks, maximum density. total parking spaces (7 required and 7 provided), covered parking (I covered space per unit) ,: and access. Also the proposed ` landscaping plan (with the exception of street trees), visual screening and building orientation also appear to be appropriate. Additional' information is required, however, relating to the provision of adequate vision clearance at the driveway entrance on Durham Road and the method by which the trees on the property shall be preserved. Vision Clearance The final plan for landscaping and the provision of a sign for the project will need to . be reviewed by the Engineering and Planning. Divisions to determine if adequate vision clearance can be provided' for the driveway entrance to Durham Road. Also, street trees are, required by the Code along the Durham Road frontage with a spacing of 20 to 40 feet, depending on the mature size' of the trees. The trees should also'be located and, selected with the maintenance of adequate vision clearance in mind. i Tree Preservation The applicant indicates that a significant percentage of the trees on the site shall be preserved. However, verification of the methods by which this shall occur should be verified through the use of an arborist's report. This - report preserve to insure should indicate the methods to be used" to reserve the trees g after construction. and ;their survival during and a C. RtCONMENDATION Planning mm i approval of Site Development Review SDR 90- The Plan g` Division recoimmer�ds �[ r ` (p. y ) j e following conditions s- tlOtlS reviousl. SD�t, 89»!19 Taub ecE to 'the Conditions -1 shall be' satisfied prior to issuance of Building Permits, 1. Additional -of -way shall be deeded to the State along the Durham Road frontage to increase the right -of -way to 45 feet from centerline. STAFF REPORT - SDR 90« -0005 NELSON %PAULSEN Page 4 C8 41 The description shall be tied to the existing right-of-way centerline. The dedication document shall be approved by the State Highway D =ivision prior' to recording. STAFF CONTACT: Jon Feigion, Engineering Division, (639-4171). . The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right - of-way of Durham Road.. A copy of the permit shall be provided to the City Engineering Division prior to issuance a Public Improvement Permit. STAFF CONTACT: r of Gary Alfson, Engineering Division (639- 4171). The applicant, shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639 - 4171) . . The public sanitary sewer, and storm drainage details be provided as part of the public improvement plans. The location of existing and proposed lines shall be addressed. STAFF CONTACT: Gary Alfson, Engineering Division, (639- -4171) . • Two (2) ,sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) Sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional. Engineer, shall be submitted for final review and approval (NOTE: these . plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Division (639 4171). ▪ Building perm' not be issued and construction of proposed Building Permits will Public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street Opening pe rmit or cons truction compliance agreement has been executed . A 100 percent performance assurance or' letter of commitment, a developer - engineer agreement, the payment Permit developer-engineer nt of a fee and a sign installation /stret1ight fee' are required. STAFF CONTACT: John `Hagman o Engineering Division 'C639-4171). A joint use and maintenance agreement shall be executed and recorded t a on City standard forms for the driveway shared with tax lots 1400 and 1 e referenced on and become part of the all 5b0. The ag ' reemen��: sha�l be refs applicable parcel' deeds'. The agreement 41hall. be approved by the Engineering Division prior to recording. STAFF CONTACT: d'on Feigion. . A revised landscaping plan shall be submitted for Planning division approval which is consistent with `th visual, clearance and street tree requirem Chapters 18.100 and 18.102 of the x.`equiretnents as outlined ,�n Cha y Development Code. STAFF CONTACT: Keith 'Laden, Planning Division i (639 -4171) :, STAFF REPORT - SDR 90 -0006 - NELSON/PAULSEN' Page :5 7/ • .,...,:,C 1ww; k1 u.. r;.a..u.c.r:M:rs.:;a�i..�,:�,i� An arborist's report shall be submitted which outlines which trees are to be preserved and the methods by which they will be protected during and after construction. Staff recommends that this, be accomplished with a field visit involving the developer, a staff member, and the arborist' to adequately identify the trees. STAFF CONTACT: Keith Liden, Planning Division, (639- -4171) 10- Fencing with a minimum height of 6 feet shall be installed around the drip line of all trees proposed for retention prior to any construction on the site. The fencing shall be inspected and approved by the consulting arborist and the Planning Division prior to building permit issuance. Any later land clearing work within the P P Y P y an dri line shall be Performed b hand or in a manner a Proved b qualified inspect the site at a minimum of arborist. A ualifi.ed arbor�.st shall one time per week during construction to insure that the tree preservation program outliT1e6 ix the above mentioned arborist ,report is being followed. The frequency of inspection may be reduced with staff approval for the later stages of construction. STAFF CONTACT: Keith Liden, Planning Division, (639 - 4171)' . 11. A tree removal permit shall be obtained prior to the removal of any trees over 6 inches in diameter at breast height on the site. Removal permits will not be issued for trees designated for Protection in the arborist's report unless sufficient cause is verified by the consulting arborist. STAFF CONTACT: Keith Lidenu Planning Division, (639-4171). 12. Tax Lots 1500 and 1600 shall be nonso1idated into one parcel and documentation shall be submitted to the Building Division. STAFF CONTACT: Brad Roast, Engineering Division, (639-4171). THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE: PREPARED BY:: APPROVED BY j e AlF fittarke/4/ viola Rd Goodwin Development Peview Planner Keith s. Liden Senior ,Planner' DATE: DATE STAFF REPORT - SDR 90 -0006 - NELSON/PAULSEN page r.. • REQUEST FOR COMMENTS TO: a/v e-- { DATE: March 7 1990 FROM: Tigard Planning Department RE: SDR 90 -06 NELSON /PAULSEN A request for Site Development Review approval to allow development of three addditional apartment units and four additional garage units ; at the proposed, Durham Estate apartment complex. In addition, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88 -24) was approved in January, 1989. The currently proposed units will be added to that development. This application was previously approved as Site Developinent Review SDR 89 -09. The applicant is requesting reconsideration of a condition of approval requiring half- street improvements along Durham Road where adjacent sites have been allowed to execute nonremonstrance_ agreements in lieu of half- street improvements. ZONE: R -12 (Residential, 12 units/acre) LOCATION: 8335 SR Durham Road (WCTM 2S1 12CC, tax lot 1600) Attached �s the Site Plan and a pp licant ' s statement for yoUr.review. From information ' supplied by.' various departments and agencies and from other information available to our stafaf, a report and recommendation Will be prepared and a deo /Sion will be rendered on the proposal in the near future. you this application, we need your comments by Mar. 190 If ou wLah to Y ommerct on t below 'You may use the space provided or attach a separate letter to . 1990. return your comments. If you are unable to respond bL the above datg4 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, contct, the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Jerry :,Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: r We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ... Written commenta: :r- 61(4„( c). i a tl /\,.1 w s S C 4.C1, t 04f ) 5 mat Name of "Person Commenting: ak' '' Phone Number bkim/sm9Q -06 . Bf{M IVO [VAR 2 7 19 0 rt, PROPOSAL DESCRIPTION 'FILE` NO: SITE DEVELOPMENT REVIEW SDI' 90-06 FILE TITLE: NELSON /PAULSEN APPLICANT: KEN PAULSEN 5638 SW HAINES ST PORTLAND, OR 97219 OWNER: RICHARD NELSON 16143 SW 146TH AVE TIGARD, OR 97224 REQUEST: A REQUEST FOR S ITE DEVELOPMENT REVIEW APPROVAL TO ALLOW DEVELOPMENT OF THREE ADDITIONAL APARTMENT UNITS AND FOUR ADDITIONAL GARAGE UNITS AT THE PROPOSED DURHAM ESTATE APARTMENT COMPLEX. IN ADDITION, AN EXISTING HOUSE ON THE SITE WILL BE INCORPORATED INTO THE APARTMENT DEVELOPMENT. A PROPOSAL FOR A'�'�) DEVELOPMENT OF 12 APARTMENT UNITS ON AN ADJACENT PARCEL (SDR 88 -24) WAS �u APPROVUD IN BEeE ELr t, 8� � ""�' THE CURRENTLY. PROPOSED UNITS WILL BE ADDED TO THAT f DEVELOPMENT. 6 (% ‘f'1""" ,,► r THIS APPLICATION WAS PREVIOUSLY APPROVED AS SITE DEVELOPMENT'iREVIEW SDR '89- 09. THEE APPLICANT IS REQUESTING RECONSIDERATION OF A. CONDITION OF APPROVAL RE QUIRING HALF-STREET IMPROVEMENTS ALONG DURHAM ROAD WHERE ADJACENT SITES HAVE BEEN ALLOWED TO EXECUTE NONREMONSTRANCE AGREEMENTS IN LIEU OF HALF STREET IMPROVEMENTS. LOCATION:' 8335 SW DURHAM ROAD (WCTM 281 12CC TAX LOT 1600) ZONING DESIGNATION: R -12 (RESIDENTIAL, 12 UNITS /ACRE) COMPREHENSIVE PLAN DESIGNATION MEDIUM DENSITY RESIDENTIAL NPO NO: 8 CHAIRPERSON: CRAIG HOPKINS PHONE: 639-5823 XX STAFF DECISION PLANNING COMMISSION HEARINGS OFFICER CITY COUNCIL DATE / / TIME DATE /, / _ TIME DATE / / TIME XX REQUEST FOR COMMENTS (see attached list) RETURN BY / / ATTACHMENTS: VICINITY MAp - LANDSCAPING PLAN NARRATIVE _ ARCHITECTURAL PLAN -- SITE PLAN STAFF CONTACT PERSON: PREPARE FOR PLANNER APPROVAL: ADVERTISEMENT TIMES 3 OREaONIAN NOTICE TO PROPERTY OWNERS TO BE' MAILED �- LETTER OF ACCEPTANCE OF APPLICATION r /` M . , MEgPIEST FOR COMMENTS TO: DATE: March 7 1990 FROM: Tigard Planning Department RN: SDR 90 -06 NELSON/PAULSEN A request for Site Development Review approval to allow development of three addditional apartment units and four additional garage units at the pro Posed Durham Estate apartment complex. In addition, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88 -24) was approved in January, 1989. The currently proposed units will be added to that development. This application was previously approved as Site Development Review SDR 89-09. The applicant is requesting reconsideration of a condition of approval requiring, half - street improvements along Durham Road where adjacent sites have been allowed to execute nonremonstrance agreements in lieu of half-street improvements. ZONE: R-12 (Residential, 12 units /acre), LOCATION: 8335 SW Durham Road (WCTM 251 12CC, tax lot 1500) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other and. a decision will render d on will be information available to our report and recommendation prepared the proposal in the near future. if you wish to comment on this application, we need your comments by . 19, 1990. You may use the space provided below or attach a sepa.L ate letter to return your comments. If you are unable to respond_ 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, 13.125 SW Hall, Blvd., Tigard, OR 9722.3 PHONE: 639 - 4171. STAFF CONTACT : Jerry Offer PLEAS ? CHECK THE 'FOLLOWING ITEMS THAT APPLY: We have reviewed the ; proposal arid have no objections to it. Please contact of our office. Please refer to the enclosed 1 etter. Written Comments Name' of Person Commenting: Phone Number bkm /SDR9O. -06.1 TO: FROM: Tigard Planning Department RE: SDR 90 -06 NELSON /PAULSEN A request for Site Development Review approval to allow development of three addditional apartment units and, four !additional garage units at the proposed Durham Estate apartment complex. In add,i.tion, an existing house on the site will be incorporated into the apartment development. A proposal for development of 12 apartment units on an adjacent parcel (SDR 88-24) was approved in January, 1989. The currently proposed units will be added to that development. I REQUEST FOR C lQK 'S (U45(01,/\ DATE: March 7 1990 This application was previously approved ,as Site Development Review SDIt 89-09- The applicant is requesting reconsideration of a condition of approval requiring half- street improvements along Durham Road where adjacent sites have been allowed to execute nonremonstrance agreements in lieu of half- street improvements. ZONE: R - -12 (Residential, 12 units/acre) LOCA ) TION: 8335 SW Durham Road (WCTM 281 12CC, tax lot 1800) Attached is the Site Plan and applicant's statement for your review. From information 1uppT3.ad ' 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 Mar. 19v 1990, You may use the Space Provided below or attach a separate letter to Y p P return your comments. _ Eyou are unable to respop ndby 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 Tigard Department, 13125 SW xall Blvd., Ta.gard, OR 97223. � PHONEann639 -q,171 rtmeiet, PO Box. i /' y Derr Offer STAFF CONTACT: V PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We hav pr p j � ° e reviewed the x.o osal and have , no ob ° �ction�s to a.t Please contact of our office. Please refer to the enclosed letter. Written Commentb : . t,9 art 6,1 *1‘ a 'L. Ve9 ame of Person Commenti Phone 'Number t b m/SbR9 b MAR 1 2 1990 wiet. L1 A. . l DURHAM T "8Z.6 D'R USH X1762 r�� "•'v