10/03/1990 - Packet AGENDA
NPC) #3 MEETING
WEa MAY, OCMEM 3, 1990 - 7:00 P.M.
TIGARD CITY HALL - TOM HAIL SCE ROC14
13125 SW HALL BOULEVARD
TIGARD, OR
1. CALL TO ORDER
2. ROLL CALL: PORTER BISHOP FROUDE HANSEN
MORTENSEN ROOT SMITH
3. Approve Minutes from previous meeting
4. Tax Base/Ballot Measure 5 presentation - City Staff
5. Transportation System proposal presentation - Gordon Martin
6. SUB 90-0011/PDR 90-0008/VAR 90-0030 - MB DEVELOPMENT/OLYMPIC HOMES
Applicant requests the following land development approvals for a 26.6 acre
parcel: 1) Planned Development conceptual plan / Subdivision preliminary
plat approval for a 79 lot, three phase subdivision; 2) Variances to
Community Development Code standards to allow: a) two hammerhead shaped
turnarounds on public streets whereas circular turnarounds are typically
required; b) 28 foot wide local streets whereas 34 feet is normally
required; c) 40 foot wide local street right-of-way whereas 50 feet is
normally required; d) maximum collector street grades of 15 percent whereas
42 percent maximum grade is the standard; e) sidewalks on one side of local
street whereas sidewalks on both sides of local streets are required.
LOCATION: North of SW Bull Mountain Road, west of 121st Avenue and SW
Gaarde Street (WCIM 2S1 3CC, tax lot 401, WCIM 2S1 4, tax lot 1400)
7. SDR 90-0004/PDR 90-0002 - TRIAD DEVELOPMENT (NPO 16)
An appeal by NPO #6 of the Planning Commission decision for Site
Development Review and detailed Planned Development of a 364 unit apartment
complex on a 27.2 acre property.
ZONE: R-12 (PD) and R-25 (PD)
8. SCE 90-0003 - TIGARD RETAIL CEN'TE'R
Council has called up for review a SCE variance granted by the Planning
Cmmission to allow a 50% increase in sign area and a 25% increase in sign
height.
LOCATION: 13702 SW Pacific Highway (WCIM 2S1 3DD, tax lots 400 and 500)
ZONE: C-G (General Commercial)
9. SCE 90-0006/VAR 90-0029 - PERMIT CONSULTING/TEXACO
Applicant requests Sign Code Exception to allow construction of a sign that
is 30 feet high and 94 square feet per sign face, where the code allows for
a sign with a 20 foot maximum height and a maximum sign size of 70 square
feet per sign face.
LOCATION: 11290 SW Bull Mountain Road (WCIM 2S1 10AC, tax lot 1100)
ZONE: C-G (General Commercial)
10. OTHER BUSINESS
11. ADJOURNMENT
da/npo3-a
PROPOSAL DESCRIPTION
FILE NO: SUB 90-0011 / PDR 90-0008 / VAR 90-0030
FILE TITLE: MB DEVELOPMENT / OLYMPIC HOMES, INC
APPLICANT: OLYMPIC HOMES, INC. OWNER: M B DEVELOPMENT, INC.
6950 SW HAMPTON STREET SUITE 130 12725 SW 66TH AVENUE
TIGARD, OR 97223 TIGARD, OR 97223
AGENT: BURTON ENGINEERING
11945 SW PACIFIC HIGHWAY #302
TIGARD, OR 97223
REQUEST: Applicant requests the following land development approvals for a 26.6
acre parcel: 1) Planned Development conceptual plan / Subdivision preliminary
plat approval for a 79 lot, three phase subdivision; 2) Variances to Community
Development Code standards to allow: a) two hammerhead shaped turnarounds on
public streets whereas circular turnarounds are typically required; b) 28 foot
wide local streets whereas 34 feet is normally required; c) 40 foot wide local
street right-of-way whereas 50 feet is normally required; d) maximum collector
street grades of 15 percent whereas 42 percent maximum grade is the standard;
e) sidewalks on one side of local streets whereas sidewalks on both sides of
local streets are required.
LOCATION: North of SW Bull Mountain Road, west of SW 121st Avenue and SW
Gaarde Street (WCTM 2S1 3CC, tax lot 401, WCTM 2S1 4, tax lot 1400)
ZONING DESIGNATION: R-4.5 (PD) (Residential, 4.5 units per acre, Planned
Development)
COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential
NPO NO: 3
CHAIRPERSON: Herman Porter
PHONE: 639-0895
STAFF DECISION
X PLANNING COMMISSION DATE 11/20/90 TIME 7:30
_ HEARINGS OFFICER DATE _/_/_ TIME
CITY COUNCIL DATE / / TIME
X REQUEST FOR COMMENTS (see attached list) RETURN BY /_
ATTACHMENTS: X VICINITY MAP _ LANDSCAPING PLAN
X NARRATIVE _ ARCHITECTURAL PLAN
SITE PLAN
STAFF CONTACT PERSON: Jerry Offer
•
PREPARE FOR PLANNER APPROVAL:
% ADVERTISEMENT - TIMES _/_/_ OREGONIAN
• NOTICE TO PROPERTY OWNERS TO BE MAILED
_ LETTER OF ACCEPTANCE OF APPLICATION
NOTICE TO DLCD - ATTACHMENTS:
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LAND USE DECISION APPEAL ILING FORM
The City of Tigard supports the citizen's right to
participate in local government. Tigard's Land Use
Code therefore sets out specific requirements for
filing appeals on certain land use decisions. CITY OF TIIFARD
The following form has been developed to assist you in
filing an appeal of a land use decision in proper OREGON
form. To determine what filing fees will be required
or to answer any questions you have regarding the
appeal process, please contact the Planning Division
or the City Recorder at 639-4171. _
1 . APPLICATION BEING APPEALED: AelVA6 Ae4le- M"
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2. HOW DO YOU QUALIFY AS A PARTY:
3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:( /' u �i9�d
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4. SCHEDULED DATE DECISION IS TO BE FINAL:
5. DAT NOTICE FI AL DECISION WAS GIVEN:
6. SIGNA E(S)-
FOR OFFICE USE ONLY: ed By:C Date: O U Time: 10-400d-4n
Approved As To Form By. MDate: C� OTime:
Denied As To Form By: a Dater Time:
Receipt No. Amount:
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13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (,503)619-4171
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CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANKING COMMISSION
1. Concerning Case Number(s): SDR 90-0004/PDR 90-0002
2. Name of Owner: Triad Development, Inc.
Name of Applicant: Kampe Associates
3. Address 3681 Carman Drive City Lake Oswego State OR Zip 97035
4. Address of Property: 11165 SW Naeve Street
Tax Map and Lot No(s).: 2S1 LOAD, tax lot 9300, 2S1 10AC, tax lots 600,
700, 800, 900, and 2S1 IODB, tax lots 100 & 200
S. Request: An appeal of a Planning Commisssion decision for Site
Development Review and detailed Planned Development of a 364
unit apartment complex on a 27.2 acre property. ZONE: R-12
(PD) (Residential, 12 units/acre Planned Development) and R-25
(PD) (Residential, 25 units/acre Planned Development)
6. Action: . Approval as requested
X Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall, and
mailed to:
X The applicant and owner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SETT- BE FINKY- ON October 2, 1990 UNLESS
AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions 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(B) and Section 18.32.370 which provides that a written
appeal may be filed within 10 days after notice is given and sent. The
appeal may be submitted on 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 of an appeal is 3:30 p.m. October 2, 1990
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 90-22 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS'WHICH APPROVES AN APPLICATION
FOR A PLANNED DEVELOPMENT (PDR 90-20), SITE DEVELOPMENT REVIEW (SDR 90-0004)0
AND VARIANCE (VAR 90-0007) REQUESTED BY TRIAD DEVELOPMENT, INC..
The Tigard Planning Commission has reviewed the above application at a public
hearing on September 4, 1990. The Commission has based its decision on the
facts, findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Planned Development PDR 90-0002
Site Development Review SDR 90-0004
Variance 90-0007
REQUEST: Planned Development detailed review/Site Development Review
of a plan for development of a 364 unit, 17 building multi-
family residential complex on a 27.2 acre property. Also
requested is a variance to allow a maximum local street
grade of 15% where a maximum grade of 12% is allowed.
APPLICANT/ENGINEER: Rampe Associates, _ Inc.
3681 SW Carmen Drive
Lake Oswego, OR 97035
ARCHITECT: Driscoll Architects
2121 First Avenue, Suite 102
Seattle, WA 98121
OWNERS: Triad Tigard, Ltd. Partnership
320 Andover Park East
Seattle, WA 98138
LOCATION: North of, Naeve Street, west of SW 109th Avenue,
south of the Little Bull Mountain Apartments (WCTM
2S1 LOAD, Tax Lot 9300; WCTM 2S1 1OAC, Tax Lots
600, 700, 800, 900; WCTM 2S1 1ODB, Tax Lots 100
and 200).
PLAN DESIGNATION: Medium Density Residential (23 acres)
Medium-High Density Residential (4.2 acres)
ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development
overlay) (23 acres)
R-25 (PD) (25 units/acre-Planned Development)
(4.2 acres)
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 1
2. Background Information
The subject parcels have been involved in a number of City of Tigard
land use and development applications since annexation in 1981. Prior
to annexation, the parcels were designated by Washington County with a
zoning designation of RU-4 (Residential, 4 .units/acre). City of
Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of
the parcels from Low Density Residential to Medium Density Residential
and a zone change to R-12 (Residential, 12 units/acre). The Planned
Development (PD) overlay zone was added to the requested R-12
designation so that all development proposals for the properties would
be required to be reviewed by the Planning Commission.
In December, 1986, the Tigard City Council gave conditional approval
to the Albertson's Comprehensive Plan Amendment for changing the Plan
designation of several properties located at the southeast corner of
Durham Road and Pacific Highway. This approval redesignated these
properties from High Density Residential to General Commercial. The
result of this decision was the removal of the opportunity for
approximately 400 potential multi-family housing units from Tigard's
inventory of vacant, buildable land. The Metropolitan Housing Rule
(Oregon Administrative Rules, Chapter 660, Division 7), requires that
Tigard provide a housing opportunity for at least 50 percent multi-
family units and a net minimum housing density of 10 dwelling units
per acre on vacant buildable land within the City's Urban Planning
Area.
The Albertson's CPA was granted on the condition of redesignation of
sufficient residential land to higher densities to make up for the
housing opportunity shortfall created by the decision. Several sites
throughout the City, including Tax Lot 200, were considered for
increased residential densities to make up for the housing opportunity _
shortfall created by the Albertson's decision.. The western half of
Tax Lot 200 and the parcel to the west were proposed for Plan/Zone
redesignation from Medium Density Residential/R-12 (PD) to Medium-High
Density Residential/R-25 (PD) (Comprehensive Plan Amendment CPA 87-
07(G)/Zone Change ZC 87-02 (G)). No change in designation was
proposed for the eastern half of Tax Lot 200 or the other parcels that
are the subject of the current application. Redesignation of the
western half of Tax Lot 200 and the adjacent parcel was approved by
the City Council on April 13, 1987.
In April, 1989, the owners of Tax Lot 200 requested a Plan Map
Amendment from Medium Density Residential to Medium-High Density
Residential, and a Zone Change from R-12 (PD) (Residential, 12
units/acre, Planned Development) to R-25 (PD) (Residential, 25
units/acre, Planned Development) for the eastern 4.27 acres of that
parcel (Comprehensive Plan Amendment CPA 89-02/Zone Change ZC 89-02).
After review by the staff and Planning Commission, the City Council
denied the proposed Planned Amendment/Zone Change on April 24, 1989.
No other applications regarding that property have been reviewed by
the City of Tigard.
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 2
•
Tax Lot 100, which is located at the northwest corner of the
intersection of SW Naeve Street and SW 109th Avenue, was the subject
of a Subdivision/Planned Development review by the Planning Commission
on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01).
That application requested Planned Development detailed plan approval
and subdivision preliminary plat approval to divide the approximately
10.3 acre parcel into 60 lots intended for single-family residential
development. The proposed subdivision would have included a north-
south street running through the approximate center of the parcel with
connections to SW 109th Avenue, as well as to the property to the
west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb
at the northern end of the subdivision. SW 109th was to be improved
to local street standards and have a number of single-family lots
fronting on it. The proposed subdivision was approved by the Planning
Commission but has yet to be recorded.
Also on June. 6, 1989, the Planning Commission reviewed a proposal for
Planned Development/Site Development Review approval of -a request to
construct a 72 unit apartment complex on Tax Lots 900 and 9300 north
of the previously described proposed subdivision (Planned Development
PD 89-02, Site Development Review SDR 89-06, Variance V 89-20).
The Planning Commission. approved the proposed development plan which
included a cul-de-sac bulb at the end of the northern segment of SW
109th Avenue, approximately 250 north of the cul-de-sac bulb approved
for the single-family subdivision. The proposed dual cul-de-sacing of
SW 109th Avenue was intended to provide a separation between the
predominately multi-family residential character on the top half of
Little Bull Mountain from the primarily single-family residential
character of the neighborhood along the south slope of Little Bull
Mountain and the properties to the south. The Planning Commission's
final orders for both the subdivision and apartment proposals,
however, noted that 'if either of the proposed developments did not
occur as proposed, it would be necessary to re-evaluate the road
patterns in this area.
In September, 1989, the Planning Commission was presented with a
request to reconsider the application for the proposed 72 unit
apartment complex because a significant number of neighboring property
owners that were entitled to notice of the public hearing on the
inatter did not receive notice and did not have the opportunity to
testify before the Commission. The City Attorney's office reviewed
this request and advised staff that the request be placed on the
Commission's November 7, 1990 meeting agenda. The applicant, Terry
Cook, requested that the. hearing for reconsideration be indefinitely
postponed until the applicant determined whether to pursue the
application further.
On May 8, 1990, the Planning Commission approved,subject to
conditions, an application submitted by Triad for a 364 unit apartment
development on the subject property. This decision was called up for
review by the City Council. The decision was also appealed by an
abutting property owner. At a public hearing on June 25, 1990, the
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 3
Council decided to remand the application to the Planning Commission
for further consideration. The application which is now before the
Commission is an amended version of the proposal that was reviewed on
May 8, 1990.
No other land use or development applications have been reviewed by
the City for Tax Lots 600, 700, and' 800.
3. Vicinity Information
The development pattern in the area of. the subject site consists of
existing duplexes and a 130-unit multi-family development to the
north; a condominium development to the northeast; single family
residences and a nursery on large lots to the east; an undeveloped
parcel covered with tall fir trees to the west.; Pacific Highway and.
Ring City further west; and the Summerfield planned community to the
south. The existing zoning pattern in the area is 'illustrated on
Exhibit One.
The subject property has approximately 890 feet of frontage on SW
Naeve Street. SW Naeve Street is designated as a minor collector
street by -.the City's Transportation Plan Map. SW Naeve Street is
generally substandard in width and state- of improvements, with the
exception of the frontage of the Fountains at Summerfield development
to the south. Half-street improvements, including approximately 30
feet of pavement, curbs,_ a sidewalk, and streetlights • have been
installed along the Fountains frontage. Pacific Highway, a 4-lane
divided arterial, is located approximately 500 feet west of the
subject property. A left-turn lane is provided for southbound traffic
onto SW Naeve Street. The intersection of SW Naeve Street and Pacific
Highway is not signalized.
The subject parcels have approximately 1,500 feet of total frontage
along the alignment of SW 109th Avenue. SW 109th Avenue,- north of the
intersection with SW Naeve Street, is a steep gravel road extending
approximately 1,200 feet to a dead end: Approximately 200 feet further
north beyond this dead end, the northern segment of SW 109th Avenue
continues. This northern section of SW 109th Avenue extends northward
to Canterbury -Lane. The subject properties have approximately 100
feet of frontage along this northern section of SW 109th Avenue. SW
109th Avenue is classified as a local street by the Transportation
Plan Map.
Also, the northwest portion of the site has approximately 360 feet of
frontage on SW Pacific Highway. No improvements are proposed along
that site frontage.
4. Site Information and Proposal Description
The subject 27.2 acre property until recently contained houses on Tax
Lots 200, 700 800, and 9300. The remainder of the property is vacant,
covered with a combination of tall fir trees, lower deciduous trees
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 4
and brush. The property slopes predominantly to the southwest at
varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800
has a slope of greater than 25 percent.
The applicants propose to develop a 364 unit apartment complex on this
site. The development would include 120 one-bedroom, 148 two-bedroom,
and 96 three bedroom units for a total of 364 units. All buildings
would be two stories tall. Also proposed would be a recreation
building located near the center of the site, approximately 400 feet
north of SW Naeve Street. A gymnasium, pool, playground areas, and
walking path are proposed to provide recreational facilities for the
proposed development. The areas of tax lots 600, 700 and 800 would
not include any new improvements.
Parking would be provided by 701 total parking spaces consisting of
368 covered parking spaces (combination of garages and under apartment
buildings), 14 designated handicapped parking spaces, and 319 other
uncovered spaces. The development would be served by one 36-foot wide
primary access driveway from SW Naeve Street, as well as four 30-foot
wide access driveways onto SW 109th Avenue. The internal roadway
system would connect these driveways along the primary roadway
extending northward through the site. A network of five-foot wide
sidewalks would be provided along the primary roadway and between
parking areas and residential buildings. A north-south soft surfaced
pathway would also be provided through landscaped and tree covered
area on the eastern portion of the site.
The preliminary landscaping plan shows existing trees that are
proposed to be retained. The area along SW Pacific Highway on tax
lots 600, 700 and 800 is to be left with the existing vegetation. The
landscaping plan calls for removing underbrush and planting lawn and a
variety of bushes and trees throughout the site to create a park-like
appearance on the site. The landscaping plan shows cross sections of
proposed perimeter buffer material arrangements and lists plant
materials. A painted chain link fence would be included in the
buffer areas.
The site plan notes a 5-foot wide right-of-way dedication along SW
109th Avenue and construction of three quarter street improvements
including pavement, curb and sidewalk. The plan would connect the
paved northern section of SW 109th with the currently unpaved central
section of SW 109th. The site plan also notes a 10-foot wide right-
of-way dedication along SW Naeve Street as well as construction of
three quarter street improvements.
In order to address the concerns expressed during the previous
hearings, the applicant has submitted a revised site plan, dated July
31, 1990, that features a slight adjustment of building locations to
accommodate a realignment of SW 109th Avenue and SW Naeve Street in
the southeast corner of the property.
Two SW 109 Avenue/SW Naeve Street alignments have been presented by
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 5
the applicant which both include a modification of present
intersection into a curved connection between the two streets. One
option features a cul-de-sac for SW 109th Avenue and a 25 foot wide
paved emergency access route between SW 109th Avenue and SW Naeve
Street. The second alternative calls for a standard "T" intersection
formed by a northwestern extension of the paved southern portion of SW
109th Avenue into the proposed curvilinear connection of SW Naeve
Street and the middle portion of SW 109th. Avenue. Adequate driveway
access will be retained for properties that abut either street.
5. Agency and NPO Comments
The Engineering Department has reviewed the proposal and has offered
.the following comments:
a. The site has frontage onto SW 109th Avenue, SW Naeve Street, and
SW Pacific Highway.
SW 109th Avenue is a gravel surfaced local street with the
northern portion unimproved. The applicant has shown the street
to be improved connecting Naeve Street to the existing 109th
Avenue--extending from Canterbury Lane. The. improvements are
shown to consist of 3/4 street improvements, .(half .street plus 10
feet) as recommended by staff. The preliminary profile indicates
the grade to be 15 percent, the maximum allowed by the Fire
District. Due to the slope of the . existing . ground, no
alternative to this road grade is available.
SW Naeve Street is a partially paved, mostly gravel surfaced
minor collector street. Three-quarter street improvements (half
street plus 10 feet) should be provided where the graveled
surface exists along the site's frontage. Interim improvements
should be provided to the gravel portion of Naeve Street between
the site and Highway 99W. The interim improvements should consist
of a minimum of three inches of asphaltic concrete, 24 feet wide,
over ten inches of aggregate base rock. The existing gravel
section can be included in determining the depth of additional
base rock required.
Pacific Highway is under the jurisdiction of the State of
Oregon. Existing improvements consist of the paved roadway with
a gravel shoulder and a ditch. The State has requested that
curb, sidewalk and drainage improvements be provided along the
site's frontage.
b. Regarding the two revised Triad proposals for the design of the
SW Naeve Street and SW 109th Avenue intersection:
1. Both of the proposals appear to meet the minimum standards
for streets and utilities.
2. Following review of additional traffic and design analysis
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 6
•
by the applicants, we now support the use of Naeve Street as
the primary access route to the development. For additional
explanation, see the 7-24-90 letter from Lee Gunderson of
the State Highway Division and Randy Wooley's 7-19-90 letter
to Ronald Kampe (attached as Exhibit "A").
3. At the time of detailed construction plan submittal, the
applicants should be required to show how minimum sight
distance will be maintained at all driveways, especially at
the most southerly Triad driveway to SW 109th Avenue. The
landscaping plan needs to be coordinated with the grading
plan to assure driveway sight distances are adequate.
4. In the plan that calls for relocation of an existing
driveway on the east side of 109th Avenue, the applicant
should be required to provide evidence that the driveway
relocation is satisfactory to the owner of the property
served by the relocated driveway.
5. One proposal calls for a driveway-type connection between
Naeve Street and 109th in Summerfield. Use of the driveway
is to be restricted by signing... -It is our opinion that the
use restrictions would be difficult to enforce. We are not
optimistic that this driveway would prevent the flow of
traffic between Naeve and Summerfield. We do not recommend
this option.
C. Ring city and others . have requested that a traffic signal be
installed at the Naeve/99W intersection as part of the Triad
development. We do not object to the signal installation.
However,_ prior to making this a requirement, we need to verify
whether the State Highway Division would allow a signal to be
installed at this time. We have asked the State this question
and are awaiting a response.
d. Most of the site slopes toward Naeve Street which then drains to
109th Avenue and Pacific Highway. The proposed storm drainage
system is shown to collect runoff from the developed portion of
the site and discharge into an existing system in 109th Avenue at
Naeve Street. Presently a portion of- this area drains toward
Pacific Highway along Naeve Street. This development should
reduce the drainage toward Pacific Highway from the site. The
existing pipe to be connected to in 109th Avenue should be
evaluated to determine if it has adequate capacity to handle
ultimate development of the entire drainage basin.
e. Sanitary sewer is proposed to be extended through the site from
the system at the corner of Naeve Street and 109th Avenue. This
system has adequate capacity to serve the site.
The Oregon State Highway Division has reviewed the proposal and has
commented that curb, sidewalk, and storm drainage is required along
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 7
the site's Pacific Highway frontage. In a subsequent letter dated
July 24, 1990 (Exhibit "A"), the Division indicated that it had
reviewed the alternatives for primary access to the project at Naeve
Street or at the.present Beef Bend Road intersection and was strongly
in favor of the Naeve Street alternative.
The Tigard Water District has reviewed the proposal and has noted that
the site requires service from two water pressure zones. Zone 1 is
supplied by the pressurized system on the top of Little Bull
Mountain. Zone 2 is a gravity system from the existing water line at
the corner of SW Naeve Street and SW 109th. In addition, the Water
District has noted that because of the size of the buildings, each
building is to have its own 2-inch water meter. The irrigation system
will need to be metered separately with Turbo meters. Water meter
locations are to be provided with a minimum planter area of 3 feet by
5 feet. This also holds true for fire hydrants. Water meters and
fire hydrants are not allowed to be located in asphalt or concrete, or
behind carports, garages, or retaining walls. All water lines must be
ductile iron class 52.
_ The. Tigard-:School. District has reviewed the proposal and has noted
that the proposed complex is located within the Templeton
Elementary/Twality Junior High attendance boundaries. This proposed
development; along with 31 other currently proposed developments, is
anticipated to generate 67 new .students for Templeton.Elementary and
89 students"-at Twality Junior High. The Tigard School District may
not be able to accommodate these students at those schools.
Prospective occupants should be advised that students may need to be
bussed to other schools. . After the District completes its new middle
school in 1992, there should be room available at Templeton Elementary
and Twality Junior High Schools.
The Tualatin Valley Fire and Rescue District has reviewed the
proposal and .has commented that hydrant locations will need to be
coordinated between the. Fire District and the Tigard Water District.
After reviewing the two proposed modifications of the SW 109th Avenue
and SW Naeve Street intersection, the District indicates that the
emergency access connection would be acceptable if 1) provisions are
made to prohibiting parking and/or increasing the pavement width to
provide a minimum unobstructed driving surface of 20 feet, and 2) the
SW Naeve Street entrance provides an outside turning radius of 45 feet
and an inside turning radius of 25 feet to allow for adequate
emergency vehicle access. The second option which features the
standard public street connection between the two streets is preferred
by the District because it provides increased pavement widths and
easier turning movements for emergency vehicles.
The Tigard Police Department has reviewed the two SW 109th Avenue and
SW Naeve Street connections and indicates that the emergency access
connection would be acceptable but the Department is concerned because
it will not be able to commit the resources necessary to enforce the
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 8
intended prohibition for through traffic. The second alternative
which utilizes a standard public street intersection is recommended by
the Department.
The original comments from the City of Ring City indicated that the
City was concerned with the volume of runoff that would drain westward
from the site to a storm sewer on the east side of Pacific Highway and
into the Ring City storm sewer system. In addition, Ring City was
concerned about chemical run-off from impervious surfaces that would
ultimately flow into the Tualatin River.
After reviewing the recent transportation alternatives, Ring City
submitted a letter dated August 9, 1990 which makes the following
points:
a. Ring City accepts ODOT's determination that the access
should be located at Naeve Street.
b. The Pacific Highway/Naeve Street intersection should be
signalized at the expense of the developer prior to the
issuance of_ occupancy permits.
Neighborhood Planning Organization 6 has reviewed the proposal and
recommends the following:
a. SW 109th Avenue remain closed as it is presently at the north end
of gravel portion of the street.
b. The site plan should be redesigned so that- the focus of the main
traffic flow from the project is directed to SW Naeve Street
instead of SW 109th Avenue.
C. With SW 109th Avenue to remain closed at the top of the hill, the
standard street intersection design for SW 109th Avenue and SW
Naeve' Street proposed by the applicant is supported. The' NPO
feels this allows safer access for neighborhood traffic and
emergency vehicles.
d. The NPO favors the Beef Bend intersection as the primary access
and egress to the Triad development but if this proves not to be
feasible, the NPO requests that the City require Triad to install
a signal at the intersection of SW Naeve Street and SW Pacific
Highway as condition of approval to the project.
The City of Tigard Building Division, Washington County Department of
Land Use and Transportation, Metro Area Communications Commission,
PGE, and GTE have reviewed the proposal and have issued no comments or
objections.
A copy of a letter, dated July 30, 1990, from Charlotte Tice of the
Summerfield Civic Association to Triad Development indicated that the
Association's Board of Directors and interested residents were in
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 9
support of the emergency access connection between SW Naeve Street and
SW 109th. Avenue and that the access must have signs stating "For
Emergency Vehicles Only".
No other comments from reviewing agencies have been received.
Comments regarding this application from individuals were submitted to
the Commission during the hearing.
B. ANALYSIS
R-25 and R-12 Zoning Districts
Multi-family residential use of the site is a permitted use in both the R-
25 and R-12 Zoning Districts. 96 dwelling units are proposed on area that
providers an opportunity for approximately 101 units in the area of the site
designated with the R-25 zone. 268 dwelling units are proposed on area
that provides a. maximum opportunity for 270 dwelling units on the portion
of this site that is designated with the R-12 zone. The applicant's
density calculations are noted on sheet A100 of the proposed site plan.
Proposed site improvements comply with both the R-12 and R-25 district
requirements for building height (45 foot maximum allowed;_ 35 foot maximum
height proposed), lot coverage (maximum allowed site coverage of 80
percent; proposed site coverage of less than 50 percent), and landscaped
area (minimum landscape coverage of 20 percent; proposed landscape coverage
of greater than 50 percent). All proposed building locations satisfy
minimum building setback requirements except. for proposed building M along
SW 109th Avenue which intrudes slightly into the required 20 foot corner
yard setback. Revisions should be made to the site plan to place this
building in conformity with the setback standard.
Site Development Review
The proposal complies with Community Development Code Chapter 18.120 Site
Development Review standards for provision of private outdoor areas
(balconies), shared recreation facilities, (swimming pool, recreation
center, pathways), screening of service facilities, multi-family
residential building separation, and design offsets along building faces.
Dwelling units and the recreation center have been situated toward the
interior of the site so as to reduce possible noise impacts on neighboring
properties and to increase visual privacy between adjacent uses.
Reasonable care has been taken to preserve a number of mature trees on the
site as shown on the grading plan. Other Site Development Review standards
related to other Community Development Code standards are reviewed below.
Access and Circulation/Roadway Improvements
The proposal satisfies Community Development Code Chapter 18.108 standards
for internal roadway widths (minimum width of 24 feet), number of access
points (5 required; 5 provided),and pedestrian circulation. In addition,
the proposed roadway system will provide good emergency vehicle access and
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 10
maneuverability through the site despite the steep grade.
The Commission agrees with the NPO that primary access to this site from
Pacific Highway would be preferable to the proposed plan with respect to
reducing impacts upon local streets and adjacent uses. Direct access to SW
Pacific Highway is not possible and the plan does provide for the primary
access to'be on SW Naeve Street, a minor collector street, a short distance
from its intersection with Pacific Highway, an arterial. However, the
development will have four entrances on SW 109th Avenue and a significant
number of the vehicles entering and leaving the site will use these
driveways and this street.
The Comprehensive Plan's locational criteria for Medium Density Residential
and Medium-High Density Residential Plan designations with regard to access
to collector streets and arterials are used for determining how properties
are to be designated for future use and are not intended to be
determinative of where all accesses for a development are to be placed. To
require all five required accesses for this development to be located on
its collector street and arterial frontages would result in poor internal
circulation, inadequate emergency vehicle access, and possible traffic
safety problems on SW Naeve Street because of the number of locations where
vehicles would be- making turning movements. Limiting the number of
accesses to the proposed development, as the NPO recommends, will result in
poor internal circulation and emergency vehicle access as well as
overloading remaining driveways with too much traffic.
Based upon the comments received, the Planning Commission determined that
SW 109th Avenue be should be opened to the north. The minor collector
street standard shall be extended from the SW Pacific Highway/Naeve Street
intersection, east on Naeve street and continued north on SW 109th Avenue
to the north boundary of the project. The street intersection design, as
depicted in the applicant's first alternative, for SW 109th Avenue and SW
Naeve Street will also be required.
These transportation decisions are supported by the expressed concern of
several of the surrounding residents that the improvement of SW 109th
Avenue to local street standards would be inadequate to accommodate the
four proposed driveways. The additional street width afforded by the minor
collector street standard will provide a street that is -able to allow
adequate vehicular access. The needs of the Police Department and Fire
District for adequate emergency access within neighborhoods shall be
satisfied by the limited access design between the southern section of SW
109th Avenue and SW Naeve Street and the connection of SW 109th Avenue near
the top of Little Bull Mountain. The permanent closure of SW 109th Avenue
would create a dead-end street that is far in excess of the 400 foot length
allowed by the Community Development Code. Pedestrian access between
neighborhoods will remain available with the arrangement described above.
Parking
The site plan provides for an appropriate number of parking spaces for a
364 unit apartment development (594 parking spaces required; 701 parking
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 11
spaces provided), covered parking spaces (364 covered parking spaces
required; 368 spaces provided), and allowable compact to total required
parking space distribution. The site plan appropriately designates 14
handicapped accessible parking spaces that are distributed throughout the
site (a minimum of 14 designated handicapped accessible spaces are
required). It is recommended that several -of these designated handicapped
parking spaces be located under cover to better serve the needs of
handicapped residents of the proposed development and handicapped visitors.
Landscaping
The proposed landscaping plan provides appropriate locations, types,.
spacing and sizes for required street trees. The plan also provides
appropriate understory plantings along the site's frontages to reduce the
impacts of on-site traffic lights on adjacent uses and traffic on the
abutting streets. The plan provides for a row of evergreen trees along the
site's northern boundary to provide the required buffer area between this
site and the adjacent existing apartment complex. Proposed internal site
landscaping will provide appropriate numbers of parking area trees, .provide
buffering and screening between the proposed buildings, and should
supplement the trees and other existing vegetation that is to be retained
to make an attractive-development.
The proposed development and its attendant significant amount of grading
will necessarily require removal of a number of large trees. Reasonable
care appears to have been taken to plan the development with respect to
retaining a significant amount of the existing mature trees. The- western
section of the site above Pacific Highway will retain its existing
vegetation. A detailed tree survey of the balance of the site will need
to be submitted with the revised site and landscaping plans. If possible,
the applicant should endeavor to retain more mature trees in areas -that
will not undergo grading. A tree removal permit will be required before
trees with a diameter of six inches or greater can be removed. An
arborist's report will be required prescribing measures to be followed for
protection of existing trees to be retained.
The amended site plan will require corresponding adjustments to the
landscaping plan that was part of the original submittal. Special
consideration will be necessary regarding visual clearance in the area of
SW 109th Avenue and SW Naeve Street. Also, the type of landscaping and the
method for maintenance of the area between the present and proposed
alignment of these streets must be presented for Planning staff approval.
Signs
The site plan shows signs to be located at the development's SW Naeve
Street entrance and along SW Pacific Highway. Sign details are not
included. Community Development Code Section 18.114.130 permits housing
complex identification signs to be located only at entrances to the
development. The sign along SW Pacific Highway should be removed from the
necessary revised site plan prior to building permit issuance. A Sign Code
Variance to allow this sign location may be applied for separate from the
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 12
current application. Sign permits must be obtained prior to erecting any
sign.
B. FINDINGS AND CONCLUSIONS
The applicable criteria in this case are Tigard Comprehensive Plan policies
2.1.1, 3.1.1, 3.4.2, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2,
7.6.1, 8.1.1, 8.1.2, and 8.1.3 and Tigard Community Development Code
Chapters 18.54, 18.56, 18.80, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108,
18.114, 18.120, 18.150, and 18.164. (Source: Planned Development Approval
Standards - Code Section 18.80.120 and Site Development Review Approval
Standards - Code Section 18.120.180).
The. Planning Commission has determined that the proposal, with the
modifications noted in this final order, should be required to be made
prior to building permit issuance, is consistent with applicable portions
of the Tigard Comprehensive Plan based upon the following findings:
1. Policy 2.1.1 is satisfied because the NPO, CPO, and affected agencies
have been notified of this proposal and given an opportunity to
comment.
2. Policy 3.1.1 is met because the portion of the property which has
slopes over 25% is to remain in its natural state.
3. Policy 3.4.2 is satisfied because wooded sites such as this are to be
reviewed through the Planned Development process.
4. Policy 6.1.1 is satisfied because the City is obligated to provide for
a variety of housing types and rent levels. This multi-family project
will add to that diversity in a community that is predominantly
developed with single family residences at lower densities.
5. The preliminary landscaping plan satisfies Policy 6.6.1 by providing
suitable building setbacks and landscaping between this project and
the properties designated for single family development on the east
side of SW 109th Avenue. All other properties in the immediate
vicinity are designated for multi-family use.
6. Policy 7.1.2 is met because adequate public water, sanitary sewer, and
storm sewer facilities are or will be made available to the project
and will be constructed to City and Tigard Water District standards.
7. In order to satisfy Policy 7.2.1, the applicant will, as a condition
of approval, provide an appropriately engineered plan for disposing of
storm water runoff from the site in a manner that will not adversely
affect any downstream property owners or jurisdictions.
8. Policy 7.4.4 is met because the entire apartment complex shall be
connected to the public sanitary sewer system.
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 13
•
9. Policies 7.5.1, 7.5.2, and 7.6.1 have been satisfied because the
Tigard Police Department and the Tualatin Valley Fire District have
been involved in the review of this application and have offered
comments that been incorporated into this decision.
10. Policy 8.1.1 calls for the provision of a safe and efficient street
system that meets current needs and anticipated future growth and
development. This policy is satisfied because:
a. The main driveway entrance to the development is on SW Naeve
Street which is a minor collector street intended to accommodate
this volume of traffic. Secondary access is provided onto SW
109th Avenue, which will in turn direct traffic from the
development south on a street designed to minor collector
standards to SW Naeve Street or north to SW Canterbury Lane, a
minor collector. As indicated in the applicant's traffic report,
some traffic will travel south of SW Naeve Street on SW 109th
Avenue if the street is left open. The proposed emergency access
connection between SW Naeve Street and SW 109th Avenue will
largely eliminate the potential for southbound traffic on SW
109th Avenue through Summerfield.
b. The applicant will be responsible for the construction of street
improvements along the frontage of the development to City
standards with the exception of the maximum street grade for SW
109th Avenue which is justified in the variance section of this
fianl order.
C. The design of the emergency access connection. for SW 109th
Avenue and SW Naeve_ Street is the best option for providing
necessary police, fire district, and ambulance access between
neighborhoods.
d. The proposed street plan as amended by the Commission, is
consistent. with this policy because it would not create a dead-
end street which exceeds the maximum of 400 feet required by the
Community Development Code. Also,. the purpose of the requirement
for minor collector street standards for both SW Naeve Street and
109th Avenue is to provide a linkage between neighborhood
streets and SW Pacific Highway.
11. Policy 8.1.2 is satisfied because the State Highway Division and the
Washington County Department of Land Use and Transportation have been
involved in the review of the transportation issues pertaining to this
.application.
12. The conditions of approval for this project will ensure that Policy
8.1.3 is satisfied because:
a. The development abuts two public streets and five driveway
accesses, as required by the Community Development Code, will be
provided to distribute traffic entering public streets from the
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 14
proposed development.
b. Sufficient street right-of-way shall be dedicated as a condition
of approval along SW 109th Avenue and SW Naeve Street.
C. The applicant will be responsible for the improvement of SW
109th Avenue, SW Naeve Street, and SW Pacific Highway in a manner
that is consistent with City and State standards, with exception
of the street grade of SW 109th Avenue. However, this variance
is found to be justified as noted in this final order. Also, an
interim street improvement will be provided between the property
and SW Pacific Highway.
d. The applicant has indicated a willingness to participate in the
installation of a traffic signal at the SW Naeve Street and SW
Pacific Highway intersection. The State Highway Division has
commented that a traffic signal at SW Pacific Highway and SW
Naeve Street is not warranted at this time and will not be
permitted. However, it acknowledged that a signal will probably
be necessary in the future. Because of this likelyhood, the
Commission shall require that the applicant sign a non-
remonstrance agreement to participate in any future local
improvement district (LID) to provide a signal.
e. Due to the location of the project, a bus turnout is not
necessary.
f. Parking spaces for disabled persons will be provided as required
by City and State standards.
g. The property is not affected by the adopted bicycle/pedestrian
plan for the City.
The Planning Commission has determined. that the proposal, with the
modifications noted in this decision, is consistent with applicable
portions of the Community Development Code based upon the following
findings:
1. Chapter 18.54 (R-12 Zone) is satisfied because the proposal conforms
with use, density, and applicable dimensional requirements of the R-12
zone with the exception of the corner yard setback intrusion of
proposed building M. The site plan should be revised to locate that
building in conformity with the corner yard setback requirement.
2. Chapter 18.56 (R-25 Zone) is satisfied because the proposal conforms
with use, density, and applicable dimensional requirements of the R-25
zone applied to the western portion of Tax Lot 200.
3. Chapter 18.80 (Planned Development) is satisfied because the proposal
is to be reviewed by the Planning Commission as required by the
provisions of the Planned Development overlay zone.
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 15
4. Chapter 18.92 (Density Computations) is satisfied because the site
plan provides an appropriate calculation of the permitted number of
housing units for the site and the proposed development would provide
fewer than the allowed number of dwelling units.
5. Chapter -18.96 (Additional -Yard Setback Requirements and Exceptions) is
satisfied because the site plan provides for appropriate distances
between multi-family residential buildings so as to assure privacy to
residents and to also provide adequate light to all units.
6. Chapter 18.100 (Landscaping and Screening) is satisfied because plans
for tree retention and added landscaping satisfy Code requirements
for minimum site area landscaping, street trees, perimeter buffering,
and vision clearance at intersections. The site plan should, however,
be revised to retain additional existing mature trees in areas that do
not need to be disturbed to accommodate the proposed buildings and
roadways. A detailed tree survey and arborist's report must be
submitted.
7. Chapter 18.102 (Vision Clearance Areas) is satisfied because proposed
improvements at driveway/road intersections are located or sized with
respect to maintaining clear vision for motorists and -pedestrians.
The southerly driveway and the SW 109th Avenue/SW Naeve Street
intersection will be reviewed further by the Engineering and Planning
Divisions for compliance with this portion of the Code.
S. Chapter 18.106 (Off-Street Parking) is satisfied because the site plan
provides for the appropriate number of total parking spaces, covered
parking spaces, compact/total parking space ratio, designated
handicapped parking spaces, and -parking area lighting.
9. Chapter 18.108 (Access, Egress, and Circulation) is satisfied because
the site plan provides for safe and efficient access and egress for
the proposed use and for general circulation on the site. The plan
provides for five access driveways for the proposed 364 unit
development in compliance with Code Section 18.108.070.D. The plan
also provides for adequate and safe pedestrian sidewalks through the
site. The proposed access and internal roadway plan provides for
adequate emergency vehicle access sand maneuverability through the
site.
10. Chapter 18.114 (Signs) will be satisfied when the site plan is revised
to locate signs only in conformity with Code allowances. Sign
permits must be obtained prior to the erection of any sign on the
site.
11. Chapter 18.120 (Site Development Review) is satisfied because the site
plan generally provides for the proposed buildings and other site
improvements to be located so as to preserve existing trees and to
minimize alterations to the site's topography and drainage systems.
The site plan also situates the buildings so as to provide for privacy
and light for the proposed dwelling units and to assure compatibility
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 16
between the proposed development and adjacent uses. The proposed
recreation center, pool, and walking trail will provide appropriate
recreational facilities for the development's residents.
12. Chapter 18.134 (Variance) establishes the criteria which must be met
to allow a Variance to the provisions of. the Community Development
Code. The project will include the improvement of SW 109th Avenue to
minor collector street standards and a portion of the street will
exceed the maximum grade specified in Section 18.164.030 M. of 12% but
it will be less than 15%.
The proposed Variance is consistent with the criteria in. this section
because:
�. The proposed street grade will provide safe access as required in
the Comprehensive Plan by meeting the Fire District standard of a _. . ;.
15i maximum grade, by realigning the SW 109th Avenue and SW Naeve
Street to reduce the length of street that exceeds 12% and to
provide a better transition between the two streets, and through
the provision of alternate access for the development during
periods of icy conditions.
b. There are special circumstances that make it impractical to meet
the 12% standard. The alignment of SW 109th is established and
abutting properties have been developed and utilities have been
installed in a manner which corresponds with the present grade of
the street. Constructing SW 109th Avenue with a 12% grade
throughout would require an excessive amount of excavation,
relocation and/or reconstruction of existing utility lines, and
possible problems for properties depending upon the street for
access.
C. The street will be designed to minimize the extent to which the
12% standard is. exceeded. The proposed street design and the
transition between SW 109th Avenue and SW Naeve Street will
reduce the existing grade, which reaches a maximum of
approximately 17%, and provide a safer street alignment for
downhill traffic.
d. Physical systems will not be adversely affected by the Variance
for the reasons noted above. Natural systems or environmental
considerations will not be affected by the difference between the
Code standard and proposed street grade.
e. The hardship is not . self-imposed because the developer is
responsible for improving a street in a pre-existing alignment
which dictates that construction occur within the existing right-
of-way.
13. Chapter 18.150 (Tree Removal) will be satisfied because the applicant
will be required to obtain a tree removal permit prior to removing
trees in preparation for development. Permits will be granted only if
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 17
it is found necessary to remove the trees to accommodate structures,
driveways, utilities, or other proposed site improvements. The site
plan illustrates trees within the development that will be retained. A
detailed tree survey and an arborist's report outlining methods of
protection of the trees to be retained must be submitted prior to the
issuance .of a site grading permit or a tree removal permit.
14. Chapter 18.164 (Street and Utility Standards) will be satisfied upon
approval of public improvement plans for and construction of the
proposed improvements to SW Naeve Street, SW 109th Avenue, and SW
Pacific Highway. Approval of public improvement plans is required
prior to the issuance of building permits and tree removal permits for
the proposed development.
Although the proposed development will contribute additional
traffic to nearby streets such as SW Pacific Highway and SW 109th
Avenue, the additional traffic should not result in the design
capacity of these roads being exceeded or require additional traffic
control measures.
The proposed storm drainage system will collect stormwater from the
portion of the site to be developed and direct this water to the
storm sewer at the intersection of SW 109th and Naeve. The public
improvement plans should include an analysis of the anticipated
stormwater flow' from this area. Drainage pipes shall be sized
accordingly. some stormwater drainage resulting from the interim
improvements to SW Naeve Street will- be directed towards Ring City
through a culvert under SW Pacific Highway. The City should
coordinate the review of final storm drainage plans for this section
with the City 'of Ring City. Total stormwater flow from this site to
the west should be reduced because the on-site storm drainage system
should capture Isome overland flow that would drain westward if the
site remained undeveloped.
C. DECISION
The Planning Commission APPROVES of Planned Development PDR 90-0002/Site
Development Review SDR 90-0004/Variance VAR 90-0007 subject to the
following conditions:
THE FOLLOWING CONDITIONS SHALL BE MET OR FINANCIALLY ASSURED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS:
1. The site plan shall be revised to relocate proposed building M a
minimum of 15 feet from the site's eastern boundary in conformity
with the corner yard setback requirement of the R-12 zoning district
and to remove the proposed signage from the project's SW Pacific
Highway frontage. STAFF CONTACT: Jerry Offer, Planning Division (639-
4171)
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 18
2. A complete set of revised landscaping, grading, and utility plans
conforming with the site plan shall be submitted. STAFF CONTACT:
Jerry Offer, Planning Division (639-4171).
3. A demolition permit shall be obtained prior to destruction or moving
any of the existing buildings on the site. STAFF CONTACT: Brad Roast,
Building Division (639-4171).
4. SW 109th Avenue shall be connected to the paved portion of the street
to the north. The 109th/Naeve intersection shall be designed as shown
by the first option (Exhibit "A") presented by the applicant which
features a curved transition between 109th Avenue and Naeve Street,
built to full minor collector standards. The northerly extension of
109th Avenue shall be built to minor collector street standards to the
northern boundary of the property. The intersection of 109th and
Naeve shall be modified to only allow an emergency access between the
two streets. Street grades shall not exceed 15%. The applicant shall
provide necessary driveway relocations and modifications that are
satisfactory to the Engineering Department. STAFF CONTACT: Gary
Alfson, Engineering Department (639-4171).
5. Two (2) sets of detailed public improvement plans and profile
construction drawings shall be submitted for preliminary review to the
Engineering Department. 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). These plans and the related landscaping and
grading plans will show how minimum sight distance will be maintained
at all driveways. STAFF CONTACT: John Hagman, Engineering
Department (639-4171).
6. Building permits will not be issued and construction of proposed.
public improvements shall not commence until after the Engineering
Department has reviewed and approved the public improvement plans and
a street opening permit or construction compliance agreement has been
executed. A 100 percent performance assurance or letter of
commitment, a developer-engineer agreement; the payment of a permit
fee and a sign installation/streetlight fee are required. STAFF
CONTACT: John Hagman, Engineering Department (639-4171).
7. Standard half-street improvements, including concrete sidewalk, curb,
asphaltic concrete pavement, storm drainage, and streetlights shall be
installed along the Pacific Highway frontage. Improvements shall be
designed and constructed to State Highway Division standards and shall
conform to the alignment of existing adjacent improvements or to an
alignment approved by the Engineering Department. STAFF CONTACT:
Gary Alfson, Engineering Department (639-4171).
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 19
8. The applicant shall obtain a permit from the State of Oregon Highway
Division, to perform work within the right-of-way of Pacific Highway.
A copy of the permit shall be provided to the City Engineering
Department prior to issuance of a Public Improvement Permit. STAFF
CONTACT: Gary Alfson, Engineering Department (639-4171).
9. Standard 3/4 street improvements, including concrete sidewalk,
driveway apron, curb, asphaltic concrete pavement, storm drainage,
streetlights, and underground utilities shall be installed along the
109th Avenue frontage. The grade shall be allowed to be a maximum of
IS percent. Improvements shall be designed and constructed to minor
collector street standards and shall conform to the alignment of
existing adjacent improvements or to an alignment approved by the
Engineering Department. STAFF CONTACT: Gary Alfson, Engineering
Department (639-4171).
10. Additional right-of-way shall be dedicated to the Public along the
109th Avenue frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of-
way- centerline. The dedication document shall be on City forms.
Instructions are available from the Engineering Department. STAFF
CONTACT: John Hagman, Engineering Department (639-41.71).
11. Standard 3/4 street improvements, including concrete sidewalk,
driveway apron, curb, asphaltic concrete pavement, sanitary sewer,
storm drainage, streetlights, and underground utilities shall be
installed along the Naeve Street frontage. Improvements shall be
designed and.constructed to minor collector street standards and shall
conform to the alignment of existing adjacent improvements or to an
alignment approved by the Engineering Department. STAFF CONTACT:
Gary Alfson, Engineering Department (639-4171).
12. Additional right-of-way shall be dedicated to the Public along the
Naeve Street frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of-
way centerline. The dedication document shall be on City forms.
Instructions are available from the Engineering Department. STAFF
CONTACT: Jon Hagman, Engineering Department (639-4171).
13. On Naeve Street, interim street improvements consisting of a 24 foot
wide paved street with 2 foot gravel shoulders and drainage ditches
shall be installed from Pacific Highway to the site. The pavement
section shall consist of a minimum of 3 inches of asphaltic concrete
on a minimum of 10 inches of aggregate base rock. STAFF CONTACT: Gary
Alfson, Engineering Department (639-4171).
14. Sanitary sewer and storm drainage details shall be provided as part of
the public improvement plans. Calculations and a topographic map of
the storm drainage basin and sanitary sewer service area shall be
provided as a supplement to the public improvement plans.
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 20
Calculations shall be based on full development of the serviceable
area. The location and capacity of existing, proposed, and future
lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering
Department (639-4171).
15. The proposed privately-operated and maintained parking lot and/or
roadway plan-profile and cross section details shall be provided as
part of the public improvement plans. STAFF CONTACT: Gary Alfson,
Engineering Department (639-4171).
16. A grading plan shall be submitted showing the existing and proposed
contours. A soils report shall be provided detailing the soil
compaction requirements. STAFF CONTACT: Greg Berry, Engineering
Department (639-4171).
17. An erosion control plan shall be provided as part of the public
improvement drawings. The plan shall conform to "Erosion Control
Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT:
Greg Berry, Engineering Department (639-4171).
18. During construction of the on-site and off-site improvements, all
construction traffic shall travel to and from the site via the
intersection of Naeve Street and Pacific Highway. Construction
vehicles, including employee vehicles, shall not be allowed to park on
Naeve Street nor 109th Avenue. STAFF CONTACT: Coy Humphrey, Code
Enforcement Officer (639-4171).
19. The applicant shall sign a waiver of remonstrance agreement, on City
forms, which waives the property owner's right to object to the
formation of a future local improvement district (LID) to provide a
traffic signal for the Pacific Highway/Naeve Street intersection.
This agreement shall be recorded with the applicable property deeds.
STAFF CONTACT: John Hagman, Engineering Department (639-4171).
20. A detailed tree protection plan shall be submitted for Planning
Division approval which includes locations and types of trees to be
removed or retained, an arborist's recommendation for methods of
protecting retained trees during construction of the proposed
apartments as well as for the long-term health of these trees. This
tree protection plan shall include at a minimum all trees designated
for retention on the preliminary landscaping plan and should endeavor
to add additional mature trees as practicable. The trees to be saved
shall be protected during construction by fencing or similar means
approved by the Planning Division. No site grading, clearing or tree
removal shall occur prior to satisfaction of this condition. STAFF
CONTACT: Jerry Offer, Planning Division, (639-4171) .
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 21
0
PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS
SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY
PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE
NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A
TEMPORARY OCCUPANCY PERMIT.
21. All landscaping materials and other proposed site improvements shall
be installed as per the revised landscaping and site plans. STAFF
CONTACT: Jerry Offer, Planning Division (639-4171)
22. A sign permit shall be obtained from the Planning Division prior to
the erection of an identification sign. Sign location and size must
be in accordance with the provisions of Section 18.114 of the
Community Development Code.
THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF
THE FINAL APPROVAL DATE.
It is further ordered that the applicant be notified of the entry of this
order.
PASSED: This 1Y
day of September, 1990, by the Planning Commission of the
City of Tigard.
A. Donald Moen, President
Tigard Planning Commission
PDR 90-02.PFO/kl
FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 22
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F,170 TIGARD APARTMENTS MATT L DRL4COIL
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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 CITY COUNCIL, AT ITS MEETING ON MONDAY,
October 8, 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.: SCE 90-0003 NPO NO: 3
FILE TITLE: Martin Bros./Tigard Retail
APPLICANT: Martin Brothers Signs, Inc. OWNER: Tigard Retail Center
Roy M. Boswell 15800 SW Boones Fry Rd.
PO Box 1012 C-301
Tualatin, OR 97062 Lake Oswego, OR 97035
REQUEST: SIGN CODE EXCEPTION SCE 90-0003 MARTIN BROTHERS/TIGARD RETAIL (NPO
#3) A City Council review of a Planning Commission decision for a
Sign Code Exception to allow a 50% increase in sign area (up to 105
square feet per face) and a 25% increase in sign height (up to 25
feet) for a freestading sign. ZONE: C-G (General Commercial)
LOCATION: 13702 SW Pacific Highway (WCTM 2S1 3DD, tax lots, 400 and
500)
(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 PROCEDURE
ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF
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.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR PLANNING DEPARTMENT
AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON 97223.
bkm/SCE90-03.BKM
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CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 90-19 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A SIGN CODE EXCEPTION (SCE 90-0003) REQUESTED BY MARTIN BROS. SIGNS AND
TIGARD RETAIL CENTER.
The Tigard Planning Commission has reviewed the above application at a public
hearing on August 7, 1990. The Commission has based its decision on the facts,
findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Sign Code Exception (SCS 90-0003).
REQUEST: For a sign code exception approval allowing a 50% increase in
sign area up to 105 square feet per face, and a 25% increase
in sign height, up to 25 feet.
COMPREHENSIVE PLAN: Commercial General
ZONE: C-G (Commercial General).
APPLICANT: Martin Brothers Signs, Incorporated
Roy M. Boswell
P.O. Box 1012
Tualatin, OR 97062
OWNER: Tigard Retail Center
15800 SW Boones Ferry Road, C-301
Lake Oswego, OR 97035
LOCATION: 13702 SW Pacific Highway (WCTM 2S1 3DD, Tax Lots 400 and
500) .
2. Background Information
The Hudson service station previously occupied this site and during the
last several years the station had been abandoned. Several signs were
subject to the sign amortization program which required their removal
because they were slightly over-sized and abandoned (Case No. 88-102-Z).
In September, 1989, Site Development Review, (SDR 89-20/V 89-24) was
FINAL ORDER 90-19 PC - SCE 90-0003 MARTIN BROS. PAGE 1
approved to establish a commercial retail center consisting of three
separate buildings. Prior to construction of that project, the Hudson
service station and all signs on the property were removed. The retail
center is now almost fully developed and tenants are beginning to occupy
the buildings.
Recently, the, property owner has been requested to remove several
strings of illegal banners, as well as an illegal temporary sign.
Although a financial assurance has been provided, a final landscaping
has not been provided and a minor amount of landscaping remains to be
completed.
3. Vicinity Information
Properties to the south, east, and north along Pacific Highway are also
zoned and developed C-G (Commercial General). Residential property
zoned R-3.5 (Single family residential, 3.5 units/acre) lies immediately
west of the subject property. The parcel is located at the southwest
corner of Pacific Highway which is an arterial street, and Watkins
Street which is a minor collector.
4. Site Information and Proposal Description
The project is developed with three separate buildings and will
probably contain between six and ten tenants. At the present time,
automotive businesses occupy all of the northeastern building and half
of the northwestern building. The third and largest building on the
southwest side of the property is just beginning to be occupied. The
project has direct driveway access onto Pacific Highway, as well as
Watkins Street. Presently, there are no freestanding signs on the
property.
The applicant is requesting permission to construct one freestanding
sign that exceeds the normal allowances for sign size and height as
specified in the sign code chapter of the Community Development Code.
The applicant proposes a sign height of 21 feet with an 8-foot clearance
at the bottom and sign dimensions of 13 ft. x 8 ft., for a total of 104
square feet of sign area per face. The applicant indicates that by
using 9 inch letter copy as the minimum size, the 13 ft. x 8 ft. sign
dimensions necessary to provide adequate room to advertise the different
tenants in the retail center.
5. Agency and NPO Comments
The Building Division and the State Highway Division have no objections
to this proposal.
NPO #3 reviewed the proposal on July 18, 1990 and the NPO recommends
that the sign code exception not be granted because the buildings are
FINAL ORDER 90-19 PC - SCE 90-0003 MARTIN BROS. PAGE 2
I
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F., 0 •
significantly visible and the NPO has consistently recommended that
additional sign area not be allowed for other properties along Pacific
Highway.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The basic standard in the C-G zone allows for one freestanding sign with a
maximum square footage of 70 square feet per face and a maximum height of 20
feet. Wall signage is also allowed at a percentage of 15% of the size of the
wall that the sign is mounted on. The Planning Commission may grant
additional sign height and/or sign area, if variation from the standard Code
requirements is deemed appropriate in accordance with the criteria found in
Section 18.114.145 and Section 18.114.130.E of the Code.
Section 18.114.130.G.l(c) states that when a premises contains more than a
single tenant, but is not defined as a shopping center (8 or more tenants),
an additional 50% of sign copy area may be permitted under the design review
process (or sign code exception process in this case) so as to adequately
identify the separate tenants when it is determined that the increased sign
area will not deter from the purpose of the Code. A shopping center is also
eligible for a 50% sign area increase.
The sign illustrated by the applicant shows advertising space for nine
tenants. As mentioned earlier, one of the three buildings is fully
occupied. Also Hollywood Video is intended to occupy a significant portion
of the third building. Given the space that remains, it appears likely that
the center will be occupied by more than six tenants.
Based upon the information present by the applicant, there is adequate
justification to grant an additional 50% in sign area but additional sign
height is not consistent with the applicable sign code criteria. The
increase in the area of the freestanding sign is necessary to adequately
identify the tenants of the center and this size is consistent with the code
criteria and with the signage allowed for similar retail centers in the City.
C. DECISION
Based upon the discussion above, the Planning Commission approves SCE 90-
0003 subject to the following conditions:
1. The freestanding sign shall not exceed 105 square feet per sign face
with a total maximum sign area of 210 square feet. The sign shall meet
the standard height requirements of the Community Development Code.
STAFF CONTACT: Vi Goodwin, Planning Division, 639-4171.
2. Prior to installation of the freestanding sign, a sign permit shall be
approved by the Planning Division. STAFF CONTACT: Vi Goodwin,
Planning Division, 639-4171.
FINAL ORDER 90-19 PC - SCE 90-0003 MARTIN BROS. PAGE 3
3. Prior to issuance of a sign permit and installation of the freestanding
sign, all conditions of SDR 89-20 shall be satisfied. STAFF CONTACT.
Reith Liden, Planning Division, 639-4171.
4. This approval is valid if exercised within 18 months of the final
approval date..
It is further ordered that the applicant be notified of the entry of this
order. -
PASSED: This 4 day of August, 1990, by the Planning Commission of the City
of Tigard.
on F. iyr V' Pre dent
Tigard Planni ission
SCE90-03.PFO/kl
FINAL ORDER 90-19 PC - SCE 90-0003 MARTIN BROS. PAGE 4
•
PROPOSAL DESCRIPTION
FILE NO: SCE 90-0006 / VAR 90-0029
FILE TITLE: PERMIT CONSULTING / TEXACO
APPLICANT: PERMIT CONSULTING SERVICE OWNER: TEXACO REFINING & MARKETING
ED ABRAHAMSON JERRY LaJAMB
122 SE 27TH AVENUE 10 UNIVERSAL CITY PLAZA
PORTLAND, OR 97214 UNIVERSAL CITY, CA 91608
REQUEST: Applicant requests Sign Code Exception to allow construction of a sign
that is 30 feet high and 94 square feet per sign face, where the code allows
for a sign with a 20 foot maximum height and a maximum sign size of 70 square
feet per sign face.
LOCATION: 11290 SW Bull Mountain Road (WCTM 2S1 10AC, tax lot 1100)
ZONING DESIGNATION: C-G (General Commercial)
COMPREHENSIVE PLAN DESIGNATION: General Commercial
NPO NO: 3
CHAIRPERSON: Herman Porter
PHONE: 639-0895
STAFF DECISION /� �� is
X PLANNING COMMISSION DATE 90 TIME 7:30
_ HEARINGS OFFICER DATE _/_/_ TIME
CITY COUNCIL DATE / / TIME
X REQUEST FOR COMMENTS (see attached list) RETURN BY
ATTACHMENTS: X VICINITY MAP _ LANDSCAPING PLAN
X NARRATIVE _ ARCHITECTURAL PLAN
X SITE PLAN
STAFF CONTACT PERSON: Vi Goodwin
PREPARE FOR PLANNER APPROVAL:
X ADVERTISEMENT - TIMES _/_/_ OREGONIAN
X NOTICE TO PROPERTY OWNERS TO BE MAILED
_ LETTER OF ACCEPTANCE OF APPLICATION
NOTICE TO DLCD - ATTACHMENTS:
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NARRATIVE
Texaco USA is currently constructing a new service station, car j
wash and convenience store at SW Bull Mt. Road and Pacific,
Highway in Tigard. Texaco wishes to install a freestanding sign
that is 30 feet tall and 94 square feet in area (per., side) .
In a C-G zone, Texaco is allowed to install a freestanding sign
20 feet tall and 70 square feet in area. An exception to. the
sign code could allow Texaco to install a sign 25 feet high and
87 .5 square feet in area. . However as Texaco wishes to install a
sign 30 feet high and 94 square feet in area, Texaco is hereby
requesting a sign code exception with .a variance to the size
limits.
Initially Texaco preferred to install their eight foot module- .
system that would have been 30-40 feet tall and 170 square feet
in area. However in an attempt. to conform with Tigard's
standards and still utilize one of Texaco's standard sign
systems, Texaco elected to utilize the six foot module system
that reduced the proposed sign area to 94 square feet.
As Texaco understands the Tigard sign code, an exception to a
sign's height is allowed due to the topography of a site. ,
Texaco's Bull Mt. site is affected by topographyfrom two :---
aspects. First the site itself is situated as much as ten feet . _
below the grade of Pacific Highway.. Compounding this factor is
the consideration that the intersection of SW Bull Mt Road and
Pacific Highway is at. the crest of hill , making it. even more
difficult to see the service station and its sign.
Because of this topographical difference, a sign 20 feet high
would not be seen by a motorist travelling on Pacific Highway
until they were almost at the intersection itself. To help
ensure a motorist's safety in maneuvering into the proper lane
sufficiently prior' to entering the -SW Bull Mt. Road and Pacific ,_ -
Highway intersection,- ,Texaco would like to install a sign".30',feet.
in height.
For the sake of conformity among its service stations`�nationwide,
Texaco has devised a'-standard .sign module system. _, To`' attempt'•to
meet many,.of ' the sign- codes, Texacol has-.two. standard?sizes_`; ian;;:
eight foot module system and a six foot module system. To'-enable- --
the Bull Mt. Texaco service statipm to advertise•. its:;on-site =
services, while still trying to meet Tigard's sign code, Texaco
proposes installing the smaller of the two systems,. the six.'foot
module system.
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The modules (please refer to attachments for module descriptions) ,
that Texaco proposes to install include:
1. Logo Module: 36 square feet
' 2 . Food Mart Module: 9 square feet
3 . Car Wash Module: 9 square feet
4. Price Module: 28 square feet
5. Diesel Price Module: 12 square feet
Total 94 square feet
The sign proposed by Texaco would exceed that .allowed under a
sign code exception by only 6.5 square feet in area and five feet
in height. While it is possible that Texaco could remove one of
the modules to reduce the sign's size to less than 87 .5 square
feet, Texaco feels that each of the modules are necessary to.
conduct business .
From Texaco's perspective the logo module is essential to first
identify the site specifically as a Texaco service station.
Second the car wash 'and food mart modules are each necessary .to
identify the other services offered at the service station.
Third, to remain competitive, Texaco must advertise its prices. ,
Compounding this, federal regulations require that if diesel fuel
is sold, and the price of the other fuel is displayed, the- price
of the diesel fuel must also be displayed.
Furthermore, it is Texaco's understanding that section
18.114.130.E of Tigard's sign code could allow for an additional
50 percent of the allowable sign area,. if determined appropriate
under the development review process. Texaco was unaware of this
provision when they submitted their conditional. use application
for the service station. Had Texaco been aware of this section,
the request would have been made at. that time to allow for"an
increase in the size limits as per this section.
Although a 50 percent increase in allowable sign area permits a
sign in a C-G zone to be as large as 105 square feet, Texaco is
seeking to install a sign of 94 square feet. _ As it appears that'-
the proposed sign is consistent with section 18.114.130 .G, Texaco
is requesting thattheincrease be applied retroactively.
Therefore, due to the topography of the area surrounding the
proposed Texaco service .station; Texaco's standardized sign- .
system, and the potential applicability of section 18 .114.130.G
of the Tigard Sign Code, a sign code-exception with a variance to
the area and height limitations imposed by the sign code are
being requested.