S 87-02 CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): PD 87-01, S 87-02, and ZC 87-01
2. Name of Owner: Dirtin Zirmer
3. Name of Applicant: Paul K. Bartholemy
Address 3701 SW Carmen Dr. City Lake State OR Zip 97034
Oswego
4. Location of Property:
Address Southern end of SW 132n Ave. , south- of Walnut St.
Tax Map and Lot No(s) . 2S1 4 lots 400 and 1200
5. Nature of Application: For a subdivision/planned development to
divide a 17 acre portion of a 35 acre parcel into 52 lots between
approximately 7, 500 and 17, 500 scuare feet and for a zone change
from R-4.5 (Residential , 4. 5 units/acre) to R-4.5 (PD) (Residential,
6. Action: Approval as requested 4.5 units/acre, planned development) .
Approval conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall and
mailed to:
xi The applicant & owners
xx Owners of record within the required distance
xx The affected Neighborhood Planning Organization
xx Affected governmental agencies
8. Final Decision:
THE DECISION SHALL BE FINAL ON June 15,1987 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall,
P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal:
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.370 which provides that a written appeal
may be filed within 10 days after notice is given and sent.
The deadline for filing of an appeal is 4:30 PM June 15, 1987
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
(0257P)
CITY OF TIGARD
FINAL ORDER NO. 87- 09 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A ZONE CHANGE, SUBDIVISION, SENSITIVE LANDS PERMIT, AND PLANNED
DEVELOPMENT (ZC 87-01/S 87-02/SL 87-04/PD 87-01) REQUESTED BY PAUL BARTHOLEMY.
The Tigard Planning Commission reviewed the above application at a public
hearing on May 5, 1987. The Commission based its decision upon the facts,
findings, and conclusions below.
ft. FACTS
1. General Information
CASE: Zone Change (ZC 87-01), Subdivision (S 87-02), Planned Development
(PD 87-01), Sensitive Lands (SL 87-04)
REQUEST: Zone Change from R-4.5 to R-4.5 (PD) (Residential, 4.5
units/acre, Planned Development) and a Subdivision/Planned
Development to divide a 17 acre portion of a 35 acre parcel
into 52 lots ranging between approximately 7,500 and 17,500
square feet in size and to allow development of areas
containing slopes over 25 percent.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre)
APPLICANT: Paul Bartholemy OWNER: Martin Zeimer
3701 SW Carmen Dr. 1928 SE 43rd
Lake Oswego, OR 97034 Portland, OR 97215
LOCATION: Southern terminus of SW 132nd Avenue between SW Walnut and SW
Bull Mountain Road (WCTM 2S1 4, Tax Lot 400 and 1200)
2. Background Information
The subject property was annexed to the City of Tigard in 1986
(CPA 16-85/ZC 15-85) . The County Zone designation of R-6 (Residential, 6
units/acre) was changed to R-4.5 in conjunction with the annexation. The
Commission reviewed a proposal to create 50 lots on 17 acres on February
17, 1987. The item was tabled so that additional information could be
submitted.
3 . Vicinity Information
Large parcels ranging between 3 and 40 acres surrounding the subject
property. The Tigard Comprehensive Plan designates the northern and
eastern properties for Low Density Residential (1-5 units/acre) and the
County R-6 zone applies to the remaining properties . A 40 acre tract,
which is within the City and zoned R-4.5 (PD) is immediately east.
The subject property is on the north side of Bull Mountain and the terrain
slopes down to the northeast. Access is provided via 132nd Avenue which
connects to Walnut Avenue which is approximately one-quarter mile to the
north.
Two street extensions are proposed for this area in the County' s Bull
Mountain Community Plan. The Murray Blvd. extension is intended to
connect 135th and Walnut with 121st Avenue and Gaarde Street. Preliminary
engineering reviews show that the most feasible route will be north of the
subject property .
The Plan shows a minor collector street connection between 132nd Avenue
and Bull Mountain Road. The conceptual alignment for this street
traverses the subject property .
4. Site Information and Proposal Description
One abandoned house occupies the northern portion of the property and the
remainder is undeveloped. Except for a cleared area of approximately six
acres in the vicinity of the house, the parcel is totally wooded. Two
intermittent streams flow through the parcel to the northeast. The parcel
slopes down to the northeast from a high elevation of approximately 560
feet to 350 feet.
The applicant proposes to develop the property in two phases. Phase I of
the project includes the northwestern half of the parcel with the central
drainageway serving as the approximate boundary between the two phases.
The drainageway areas are to be designated as common open space tracts.
Private streets that are 34 feet in width with 40 foot radius .cul—de—sacs
are intended to provide internal access for the subdivision. A narrower
private access with a 20 foot width is proposed to serve lots 34 through
42. Sidewalks are intended for one side of the private and public streets.
The Bull Mountain Community Plan illustrates a minor collector street
connecting the present end of 132nd Avenue with Bull Mountain Road. The
route is depicted in a straight line and was apparently intended to
represent a conceptual alignment, however, the Comprehensive Framework
Plan does not allow for significant route modifications without a
Comprehensive Plan Amendment. A significant change has been interpreted
as a realignment from the properties shown to other parcels which do not
presently include this future street. A copy of the plan map is attached.
The applicant does not want to align the minor collector as shown on the
plan map due constraints presented by the terrain and the development
concept for the project. The preliminary plat offers two alternatives for
the minor collector extension, however, neither would conform with the
Community Plan alignment. Phase I features a street built to minor
collector standards extending to the abutting western parcel. Phase II
proposes a second collector proceeding south. This collector street would
only be constructed if a Plan amendment does not recognize the collector
street in Phase I.
5. Agency and NPO Comments
The Building Inspection Division notes that steep slopes exist, primarily
on Lots 8-19 and 37-46 and that consideration should be given to the need
for fill and/or engineered foundations.
FINAL ORDER NO. 87— 09 PC — PAGE 2
The Tigard Water District notes that 12 inch water mains will be necessary
to serve the development. The District will need to implement some line
and storage improvements in order to serve this and other developments in
the area. Also, the existing water line that runs through Tract "B" is
within a 20 foot wide easement which must be honored. Lot 1 represents a
problem in this regard and other lot lines appear too close to the
easement.
The Engineering Division has the following comments:
a. STREETS
SW 132nd Avenue is currently under the jurisdiction of Washington
County and should be improved to County interim standards from SW
Walnut Street to the proposed development. This interim improvement
will consist of a 22 foot pavement section with 3 inches of AC, base
rock, gravel shoulders, and drainage system. This type of improvement
is consistent with what the City has applied to other developments in
similar situations (e.g. , Dover Landing — 108th Avenue) .
The right—of—way and improvement standards being proposed for SW
Benchview Terrace are recommended by Washington County. The County is
requesting that this street be constructed to County minor collector
standards and extend to the applicant's westerly plat boundary. The
purpose for this classification (minor collector) is to not preclude a /
minor collector connection between SW 132nd Avenue and SW Bull
Mountain Road which is consistent with the Bull Mountain Community
Plan. As noted, direct access will not be permitted and improvements
will be constructed to public street standards.
The remaining streets are being proposed as private streets with 28
feet of pavement, standard curbs and a sidewalk on one side. • The -
proposed improvements are acceptable however they should be
constructed to City local street structural standards.
We should also note that the. proposed Murray Boulevard connection
between SW Scholls Ferry Road and SW Gaarde Street as shown on the
applicant's vicinity map is incorrect.
The adjacent property owner to the west has retained an engineer to
evaluate the extension of SW Benchview Terrace. It appears that the
extension should be located slightly south of its current position to
provide for more logical development of the adjacent tract. The
Engineering Section may recommend slight alignment and extension
changes consistent with the request if necessary.
b. STORM DRAINAGE
The applicant has not indicated whether the open space shown in Tracts
A, B, and C is to remain private or dedicated as public greenway. If
it is to remain private, provisions should be made for enforceable
maintenance and storm drainage easements should be granted to the City
as required .
FINAL ORDER NO. 87— 09 PC — PAGE 3
The general layout of the storm drainage system appears to be
acceptable; however, the applicant needs to demonstrate that the
downstream effect on private properties is not significant or that
easements will be provided. The applicant should also evaluate the
need for extending the system to the westerly plat boundary.
All proposed public storm drainage lines will be subject to City
review, approval and construction permit. In addition all lines must
be encumbered by a 15 foot wide (minimum) easement granted to the City
when not within a public street right-of-way.
c. SANITARY SEWER
Sanitary sewer service must be extended along SW 132nd Avenue from SW
Walnut Street. The portion of sanitary sewer line, to be constructed,
from SW Walnut Street to the development site would be under the
jurisdiction of Unified Sewerage Agency (USA) unless transferred to
the City via a special agreement. All on-site sanitary sewer would be
under the jurisdiction of the City. Under current City policy, any
property owner not currently within the City would have to annex prior
to receiving City sewer service.
All public sanitary sewer lines must be encumbered by a 15 foot wide
(minimum) easement granted to the City when not within a public street
right-of-way.
As mentioned earlier under "Streets," the adjacent property owner to
the west has evaluated the street and sanitary sewer extensions to
their boundary. It appears the best location for extending the sewer
to this west line is between lots 18 and 19.
Washington County Fire District No. 1 has the following comments:
1 . The cul-de-sacs within the subdivision were indicated as forty (40)
foot turning radiuses. As the adopted policy of both the city and
county Fire District, cul-de-sacs are required to be forty five (45)
feet.
2. The access road leading top lots 38, 39, 40, 41, 42 and 43 does not
have an adequate turning around area for Fire Department access or
emergency vehicles. A hammer head or cul-de-sac should be provided at
the end of this proposed twenty (20) foot strip or driveway. Since it
does entail more than two lots, it is the feeling of this Department
that an adequate turnaround should be provided.
3. It was not indicated as to access or grade within the proposed
subdivision. Consequently, we must request that no grade in excess of
15 percent be used so that access by emergency vehicles can be
adequate and fire protection provided.
4. The plat indicates there is a dead end road proposed on the south side
of the public street that will be in excess of one hundred fifty (150)
feet in length. All access roads in excess of one hundred fifty (150)
feet in length must be provided with adequate turning for vehicles.
FINAL ORDER NO. 87-09 PC - PAGE 4
5. Fire hydrant spacing was not indicated on the proposed subdivision.
Fire hydrants must be provided for fire protection as prescribed and
no residential dwelling located more than five hundred (500) feet from
any such fire hydrant.
No other comments have been received .
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan policies
2. 1 .1, 3. 1 .1, 3 .4.2, 7.1.2, 7.3 .1, 7.4.4, 8. 1. 1 and 8 . 1.3 and Community
Development Code Chapters 18.50, 18.80, 18.84, 18.92, 18.160 and 18 .164.
The Bull Mountain Community Development Plan is addressed in conjunction
with the above criteria. Since both the Washington County Comprehensive
Plan and the Tigard Comprehensive Plan have been acknowledged, the
Statewide Planning Goals and Guidelines no longer need to be addressed.
The Planning Commission concludes that the proposal complies with the
relevant Plan policies and Code criteria based upon the findings noted
below:
a. Policy 2. 1 . 1 is satisfied because the Neighborhood Planning
Organization, Community Planning Organization, and surrounding
property owners were given notice of the hearing and an opportunity to
comment on the applicant's proposal.
b. Policy 3. 1 .1 can be satisfied because the Code allows development of
hillsides that are steeper than 25 percent when engineering
information is provided which shows that adverse environmental,
erosion, or slope stability consequences will not result.
The applicant has submitted a general description of the site but
techniques for mitigating any potential problems related to steep
slopes are not included. That the Commission does not anticipate any
difficulties provided that appropriate construction and erosion
control measures are employed. Since many issues regarding slopes are
site specific, staff recommends that methods for maintenance of slope
stability and erosion control be submitted for approval in conjunction
with public improvements plans and building permits on areas with
grades over 25 percent.
c. Policy 3 .4.2 is satisfied because the drainage areas will remain in
their natural state and large buffer areas will be established by the
proposed common open space tracts. The Bull Mountain Community Plan
identifies the wildlife habitat value of this property and those
adjoining. The Plan calls for the preservation of streams, water
courses, and trees whenever possible. The staff concludes that the
proposal is consistent with this policy.
d. Policies 7. 1.2, 7.3 . 1, and 7.4.4 can be satisfied because adequate
water, sewer, and storm drainage facilities will be required to serve
the development prior to approval of the final plat. The applicant
indicates that these facilities will be provided within the
subdivision as required by the City standards.
FINAL ORDER NO. 87— 09 PC — PAGE 5
Also, the storm sewer system will be constructed so that the proposed
development will not have an adverse impact upon the drainageway areas
that run in a northeasterly direction from the property.
e. Policy 8. 1 . 1 calls for the provision of a safe and efficient street
system which accommodates present and future needs . The Bull Mountain
Community Plan calls for a minor collector street between the south
end of 132nd Avenue and Bull Mountain Road. The response from the
County staff indicates that further information and review is
necessary to determine the feasibility of the alignment proposed in
this application. However, the proposed street design for Phase I is
appropriate and collector street alignment to the north can be
re—evaluated prior to approval of Phase II.
In addition to the minor collector street, it is the intent of the
City to establish adequate local connections between developments to
provide alternate means of access for the convenience of local
residents and for enhanced access for emergency service (police, fire,
ambulance). Opportunities will be somewhat limited on Bull Mountain
but the Preliminary Plan will provide appropriate options for future
street connections.
f. Policy 8.1.3 will be satisfied when the conditions of approval
relating to street improvements are completed. The street
improvements on 132nd Avenue where the street abuts the development
will be required in conjunction with Phase I of the project. Interim
improvements to the remainder of 132nd Avenue north to Walnut will
also be necessary. These improvements will adequately accommodate the
anticipated traffic generated by the project. Also, the Murray
Boulevard extension will collect much of the traffic generated by this
development in the future.
g. Chapter 18.50 of the Code is satisfied because the proposal does meet
the density requirements of the R-4.5 zone.
h. Chapter 18.92 is satisfied because the proposed density is consistent
with Code requirements .
i . Chapter 18.80 is satisfied because the proposal is consistent with the
purpose and requirements of this chapter pertaining to planned
developments. Planned developments are intended to be used in
undeveloped areas such as this.
j . Chapter 18.84 covers Sensitive Lands issues within drainageways and
slopes over 25 percent. The two drainageways on the property will be
avoided but some areas with slopes over 25 percent will be developed
with streets, driveways or houses. Provided that grading,
construction, and erosion control plans are approved by the
Engineering and Building Inspection Divisions prior to initiating the
development, the provisions of the chapter will be met.
k . Chapter 18. 160 of the Code is satisfied because the proposal does meet
the requirements set forth for the submission and approval of a
preliminary plat.
FINAL ORDER NO. 87— 09 PC — PAGE 6
•
1 . Chapter 18. 164 of the Code will be satisfied during the approval
process for the final plat.
C. DECISION
Based upon the above findings, the Planning Commission approves
PD 87-01/S 87-02/ZC 87-01/SL 87-04 subject to the following conditions:
1 . UNLESS OTHERWISE NOTED BELOW, ALL CONDITIONS SHALL BE SATISFIED PRIOR
TO RECORDING THE FINAL PLAT.
2. That SW 132nd Avenue from Walnut Street to the proposed northerly plat
boundary be constructed to Washington County interim standards. In no
case shall such standard be less than 22 feet of pavement section with
3 inches of AC, base rock, 3 foot gravel shoulders and drainage
improvement (ditch and culverts) where necessary. Washington County
may desire to have the City review, approve and issue this public
improvement permit.
3 . That SW 132nd Avenue within the applicant's site be constructed to
minor collector standards as provided by Washington County. Such,-
improvements shall include sidewalks, streetlights and underground*
utilities.
4. The applicant shall re-evaluate the street and sanitary sewer
extensions to the west plat boundary. These public facility
extensions shall be subject to review and approval from the
Engineering Section.
5. The applicant shall dedicate Tracts A, 8, and C to the City as
Greenway. An alternative to this requirement would be to keep the
tracts in private ownership with enforceable maintenance agreements
and storm drainage easements where necessary. Said agreements and
easements will be subject to Engineering Section approval .
6. The applicant shall demonstrate that the storm drainage downstream
effect on private properties is not significant or that easements will
be obtained. The applicant shall also evaluate the need for storm
drainage system extension to the west plat boundary.
7. All public storm drainage and sanitary sewer lines shall be encumbered
by a 15 foot wide (minimum) easement granted to the City.
8 . The applicant shall obtain the necessary permits from Unified Sewerage
Agency for sanitary sewer construction and provide the Engineering
Section with copies of said permits.
9. A one foot strip granted to the City of Tigard shall be provided at
the terminus of SW Benchview Terrace.
10. The applicant shall provide for roof rain drainage to the public
stormwater system. {,
FINAL ORDER NO. 87- 09 PC - PAGE 7
11. The applicant shall obtain a letter of serviceability from the
Department of Land Use and Transportation of Washington County, to
perform work within the right—of—way of SW 132nd Avenue. A copy of
said letter shall be provided to the City Engineering Office prior to
issuance of a Public Improvement Permit.
12. Sanitary and storm sewer details shall be provided as part of the
Public Improvement plans. Calculations and topographic service area —
basin map shall be provided as a supplement to the Public Improvement
plans, to demonstrate evidence of area — basin full development
serviceability. The location and capacity of existing and proposed
(or future) lines shall be addressed.
13 . Additional right—of—way shall be dedicated to the Public along the
SW 132nd Avenue frontage within the proposed development to increase
the right—of—way to 30 feet from centerline. The description for said
dedication shall be tied to the existing right—of—way centerline as
established by Washington County. The dedication document shall be on
City forms and approved by the Engineering Section.
14. Street Centerline Monumentation
A. In accordance with ORS 92.060 subsection (2), the centerlines of
all street and roadway right—of—ways shall be monumented before
the City shall accept a street improvement.
B. All centerline monuments shall be placed in a monument box
conforming to City standards, and the top of all monument boxes
shall be set at design finish grade of said street or roadway.
C. The following centerline monuments shall be set:
(1) All centerline—centerline intersections. Intersections
created with "collector" or other existing streets, shall
be set when the centerline alignment of said "collector" or
other street has been established by or for the City;
(2) Center of all cul—de—sacs;
(3) Curve points. Point of intersection (P.I. ) when their
position falls inside the limits of the pavement otherwise
beginning and ending points (B.C. and E.C.) .
(4) All sanitary and storm locations shall be placed in
positions that do not interfere with centerline
monumentation.
15. Upon completion of a cursory review of the public improvement
construction drawings, seven (7) sets of plan—profile public
improvement construction plans, and one (1) itemized construction cost
estimate, stamped by a Registered Professional Civil Engineer,
detailing all proposed public improvements shall be submitted to the
Engineering Section for approval. Said drawings shall include methods -
for erosion control and maintenance of slope stability.
09
FINAL ORDER NO. 87— PC — PAGE 8
16. Construction of proposed public improvements shall not commence until
after the Engineering Section has issued approved public improvement
plans . The Section will require posting of a 100 percent performance
assurance, the payment of a permit fee and a sign
installation/streetlight fee. Also, the execution of a street opening
permit or construction compliance agreement shall occur prior to, or
concurrently with the issuance of approved public improvement plans.
17. Street design and grades and fire hydrant location shall be approved
by Washington County Fire District No. 1 .
18. The final plat shall be modified as necessary to accommodate the
existing Tigard Water District line and easement.
19. Plans for erosion control shall be submitted for Building Inspection
Division approval in conjunction with Building Permits for all lots.
20. This approval is valid if exercised within one year of the final
approval date.
It is further ordered that the applicant be notified of the entry of this
order.
(VD
PASSED: This 0L day of June, 1987 by the Planning Commission of the City
of Tigard.
L< U
A. Donald Moen, President
Tigard Planning Commission
(KL: sb/2962P/0030P)
FINAL ORDER NO. 87— 09 PC — PAGE 9