Hearings Officer Packet - 12/19/1986 - Ben Franklin Dev r
1640 HEARING OFrICER DECISION
12/19/86 Benj. Franklin Development
S 17-86
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY HEARINGS OFFICER
1. Concerning Case Number(s) : S 17-86 _
2. %:ame of Owner: "2NJ FRAN DEVELOPMENT INC.
3. Name of Applicant: Same
Address 9370 SW Greenburg Rd. City Portland State OR Zip 97223
4. Location of Property:
Address Immediately south of Morning Hill Nos. 2, 3, 4, and 5. and east of 135th
Legal Description 2S1 4AB lots 4500. 4600, 4700 & 251 4A lot 401
5. Nature of Application: Request to subdivide a 9.6 acre parcel into 37 lots
ranging between 7,500 and 8,500 approx, sq. ft. in size. The property
_
isrzoned R-4.5 (Residential 4.5 units/acre) and R-25 (1Z@sidential 25 units/acre) .
6. Action: Approval as requesteu
XX Approval with conditions
Denial
1 . Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX 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 January 2, au 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
Blvd. , 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 noticeisgiven and sent .
The deadline for filing of an appeal is X1: 30 P.M. January 2._1981.
10. Questions: If you have any questions, please call the City of Tigard
Planning Department , 619 41 / 1 .
0251P
BEFORE THE BEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION)
FOR A 37-LOT SUBDIVISION; ) No.
Benj . Fran. Development, Inc. , )
applicant. ) S 17-86
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of December 11 , 1986 , at the
Tigard Civic Center Town ;fall Room, in Tigard, Oregon; and
The applicant requests approval of a 37-1c,t subdivision
on property zoned R-4 . 5 and R-25, more specifically described
as Tax lots 4500 , 4600 , 4700 , Mari 2S1 4AB and Tax lot 501,
Map 2S1 4A, City of Tigard, County of Washington, State of
Oregon; and
The Hearings Officer conducted a public hearing on
December 11 , 1986, at which time testimony , evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopts the findings of fact and
conclusions contained in the Staff Report, a copy of which
is attached hereto, marked "Exhibit A" and incorporated by
reference herein.
NOW THEREFORE IT IS HEREBY OPPERFD that S 17-86 be and
hereby is approved subject to the following conditions :
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET
PRIOR TO RECORDING THE FINAL PLAT.
Page 1 - S 17-86
2. Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage, utilities and a traffic landing (at the
intersection of 135th) shall be installed. Said improvements
along SW Morning Hill Drive shall be built to minor collector
street standards and conform to the alignment of existing adjacent
improvements (being 60 ' R/W and 36 ' curb to curb) .
3. Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage and utilities shall be installed along
the balance of the proposed subdivision streets. Said improvements
shall be built to local street standards (50 ' R/W and 34 ' curb to
curb) .
4 . Seven (7) sets of plan-profile public improvement con-
struction 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.
5. Sanitary sewer and storm sewer plan profile details shall
be provided as part of the public improvement plans. Facilities
shall be extended to provide for future development of adjacent
undeveloped parcels.
6. A detailed grading plan for lots 125 through 128 shall
be submitted for Engineering and Building Division as part of the
public improvement plans which includes the following :
Page 2 - S 17-86
4
a. Grade profiles
b. Engineer' s report for Building areas that receive fill
c. Plan which will preserve existing vegetation to the
maximum extent possible
7. Additional right-of-way shall be dedicated to the public
along the SW 135th-Murray Road frontage to increase the right-of-
way to 35 feet from centerline. The description for said dedication
shall be tied to the existing 135th Avenue right-of-way centerline
as established by Washington County. The dedication document shall
be on City forms and approved by the Engineering Secticn. DEDICA-
TION FORMS AND INSTRUCTIONS ARE AVAILABLE AT THE ENGINEERING OFFICE
AT CITY HALL.
8. 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% Performance Bond, the payment of a permit fee and sign instal-
lation/streetlight fee. Also, the execution of a construction
compliance agreement shall occur prior to, or concurrently with
the issuance of approved public improvement plans. SEE THE
ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE
SCHEDULES, BONDING, AND AGREEMENTS.
9. The applicant shall provide for roof rain drainage to
the public stormwater system. there lots drain away from public
roads, facilities shall be provided to eliminate runoff problems.
10. The applicant shall provide for connection to proposed
buildings to the public sanitary sewerage system. A connection
permit is required in conjunction with Building Permit issuance.
Page 3 - S 17-86
11. 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.
12. A permit shall be obtained by the applicant from the
City (Authority : Tigard Municipal Code, Chapter 18 . 84) for land
form alteration on slopes of twenty-five percent or greater and
within drainageways) .
13. 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.
h. 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 F.C. )
Page 4 - S 17-86
I
11/
4 . All sanitary and storm locations shall be placed
in positions that do not interfere with centerline monumentation.
14 . The locations of all existing trees over 6 inches in
diameter shall be illustrated and a site plan for Lot 125-128 .
Justification shall be provided for the removal of any of these
trees.
15. The applicant shall contact the owner of Tax Lot 102
and after consultation shall submit a conceptual plan for providing
an acceptable means of access to Tax I,ot 102 .
16. The applicant shall submit a non-remonstrance agreement
for street improvements for 135th Avenue and Murray Blvd. If
the local improvement district is formed prior to recording the
plat, the applicant shall develop a method acceptable to the City ,
for dividing the L. I .D. assessment between the individual lots.
17 . After review and approval by the Director of Community
Development and the City Engineer, the final plat shall be recorded
with Washington County.
18 . This approval is valid if exercised within one year of
the final approval date noted below.
DATED this 19th day of December, 1986.
HEARINGS OFFICER
APPROD:� _
B rH MASOI3
// Page 5 - S 17-86
STAFF REPORT AGENDA ITEM 2 . 1
DECEMBER 11, 1986 - 7:00 P.M.
HEARINGS OFFICER
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FAC1S
1 . General Information
CASE: Subdivision S 17-86.
REQUEST: To subdivide a 9.6 acre parcel into 37 lots ranging between
7,500 and 8,500 approximately square feet in size.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, Medium
High Density Residential .
ZONING DESIGNATION: R- 4.5 (Residential, 4.5 units/acre), R 25
(Residential, 25 units/acre) .
APPLICANT: Benj . Fran. Development. Inc . OWNER: Same
9370 SW Greenburg Road
Portland, OR 97223
LOCATION: Immediately south of Morning Hill Nos 2, 3, 4, and 5 and
east of SW 135th Avenue (WCTM 2S1 4AB, T.L . 4500, 4600,
4700 and WCTM 2S1 4A, T.L. 501) .
2 . Background Information
The Morning Hill development was approved by the City in 1977, and
construction began in 1978 (ZC 5-77/SDR 52-78) . Additional plats were
approved in 1985 for Morning Hill Nos. 4 and 5 (S 12-85 and S 13--86) .
In 1978, the City Council approved an amendment to Phase III of the
Bellwood development subject to conditions . The parcel involved is
immediately east of Morning HI1l No. 4 and northeast of the subject
property . A conceptual plan was presented which featured a circular
drive with access provided through what is now Morning Hill No 4.
This was a departure from the original Bellwood residential Planned
Development which proposed access to 128th Avenue. An unrecorded
agreement was made between the previous owners of the Morning Hill and
Bellwood developments to provide access to the eastern (Bellwood)
parcel in this manner
This past Council approval and agreement was not known to the staff or
the present owners of the Morning Hill development . The owner of the
eastern tract was notified of the hearing for Morning Hill No. 4, but
no contact with the City was made until after the plat had been
approved and released by the City .
STAFF REPORT - S 17-86 - PAGE 1
l
11
3 . Vicinity Information
The single family residences zoned R-4.5(PD) lie to the north and are
part of the Morning Hill development. Morning Hill Drive and 131st
Avenue presently dead end along the northern boundary of the
subdivision proposed in this application. New single family residences
that are within Bellwood subdivision and zoned R--4 .5 lanlies
remmdiat the
the east . Undeveloped property also owned by the app
south and 135th Avenue forms the western boundary of this development
4. Site Information and Proposal Description
The property is gently rolling except for the extreme eastern end of
the project which contains a wooded drainageway that runs north to
Summer lake . Th applicant proposes to create 31 single family
residential lots ranging between 7,500 and 8,500 square feet. Morning
Hill Drive and 131st Avenue will be extended south to an east west
street that will direct traffic west to 135th Avenue.
The eastern portion of the subdivision (Lots 125-128) is close to the
drainageway . This development and associated grading is not intended
to interfere with the drainageway .
5. Agency and NPO Comments
,The Engineering Division has the following comments :
a. Provisions must be made to extend the public sanitary and
storm drainage system to the south to accommodate future
development "upstres.m"
b. No direct access should be permitted onto 135th Avenue
The entire right--of-way for Morning Hill Drive should be
dedicated at this time .
d The proposed L.I .D. for 135th Avenue
and Mhrrra Bl e d. will
ill
effect this development, particularly
vacation of the "old" portion of 135th Avenue.
e The access for Lot 142 should be as far east as possible
and Lots 141 and 150 should have access only to the
cul -de-sac .
f . A non remonstrance agreement related to street improvements
should be executed . If the method shouldI.D is rbeddevised to
r to
recording the final plat,
transfer the assessment to the individual lots
The Building Inspection Division has the following comments'
a. All lots should be required to slope toward the streetr
drainage purposes If this is not possible, an appropriate
storm drainage system will be necessary
STAFF REPORT - S 17- 86 - PAGE 2
b. Lots which have any fill , such as the eastern lots, will
require an engineer' s report .
Washington County Fire District No. 1 indicates that fire hydrants must
be provided so that all residential structures are within 500 feet of a
hydrant.
School District #48 indicates that adequate capacity is available to
accommodate the number of students anticipated by this development
The Tigard Water District has no objection to the request
No other comments have been received.
8. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan
policies 2. 1 . 1 , 3 . 1 . 1 , 6. 1 . 1, 7. 1 .2, 7. 3 . 1 , 7.4. 4, 8 . 1 . 1 , and 8. 1 . 3 and
Community Development Code Chapters 18.50, 18 . 160, and 18 164 . Since
the Comprehensive Plan has been acknowledged, the Statewide Planning
Goals and Guidelines no longer need to be addressed.
The Planning staff concludes that the proposal is consistent with the
relevant portions of the Comprehensive Plan based upo.i the findings
noted below:
a. Policy 2 . 1 . 1 is satisfied because the Neighborhood 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 will be satisfied provided that Lots 125 128 are
graded as shown in the utilities and site grading plan A
detailed grading plan including profiles and a method for
preserving as much existing vegetation as possible should be
developed . Encroachment into the drainageway will require a
Sensitive Lands permit .
c Policy 7. 1 .2, 7. 3 . 1 , and 7. 4 4 are satisfied because adequate
water, sewer, and storm drainage facilities can be made available
to the development and adjacent properties The applicant also
indicates that these facilities will be provided within the
subdivision as required by City standards .
d Policy 8 . 1 . 1 will be satisfied when all acceptable methods for
access is provided for Tax Lot 102. This develenment should not
be platted until this issue is resolved .
e. Policy 8. 1 . 3 will be satisfied when the conditions of approval
relating to street improvements are completed
STAFF RFPORT - S 17 6 — PAGE 3
1
The Planning staff has determined that the proposal , is consistent with
the relevant portions of the Community Development Code based upon the
findings noted below:
a Chapters 18.50 and 18.56 of the Code is satisfied because the
proposal meets all of the requirements of the R-4.5 and R-25
zones .
b. Chapter 18 . 150 will be satisfied as a condition of approval
When possible, all trees over 6 inches in diameter will be saved
c . Chapter 18. 160 of the Code is satisfied because the proposal
meets the requirements set forth for the submission and approval
of a preliminary plat.
d. Chapter 18. 164 of the Code will be satisfied during
the approval process for the final plat.
C. RECOMMENDATION
Based upon the findings, and conclusions above, the Planning staff
recommends approval of S 17-86 subject to the following conditions :
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL. BE MEI PRIOR 10
RECORDING THE FINAL PLAT.
2. Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage, utilities and a t iffic landing (at the
intersection of 135th) shall be installed. Said improvements
along SW Morning Hill Drive shall be built to minor collector
street standards and conform to the alignment of existing
adjacent improvements (being 60' R/W and 36' curb to curb) .
3 . Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage and utilities shall be installed along
the balance of the proposed subdivision streets said
improvements shall be built to local street standards (50' R/W
and 34' curb to curb) .
4. 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
5 Sanitary sewer and storm sewer plan-profile details shall be
provided as part of the public improvement plans. Facilities
shall be extended to provide for future development of adjacent
undeveloped parcels .
STAFF REPORT - S 17-86 - PAGE 4
1
6. A detailed grading plan for lots 125 through 178 shall be
submitted for Engineering and Building Division as part of the
public improvement plans which includes the following:
a. Grade profiles
b. Engineer's report for Building areas that receive fill
c . Plan which will preserve existing vegetation to the maximum
extent possible.
'. Additional right-of-way shall be dedicated to the public along
the SW 135th-Murray Road frontage to increase the right-of-way to
35 feet from centerline. The description for said dedication
shall be tied to the existing 135th Avenue right of-way
centerline as established by Washington County . The dedication
document shall be on City forms and approved by the Engineering
Section. DEDICATION FORMS AND INSTRUCTIONS ARE AVAIIABIF Al 1111
ENGINEERING OFFICE AT CITY HALL.
8 . 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%
Performance Bond, the payment of a permit fee and sign
installation/streetlight fee. Also, the execution of a
construction compliance agreement shall occur prior to, or
• concurrently with the issuance of approved public improvement
plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION
REGARDING FEE SCHEDULES, BONDING, AND AGREEMENTS.
9. The applicant shall provide for roof rain drainage to the public
stormwater system. Where lots drain away from public roads,
facilities shall be provided to eliminate runoff problems .
10. The applicant shall provide for connection to proposed buildings
to the public sanitary sewerage system. A connection permit is
required in conjunction with Building Permit issuance.
11 . 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
12 , A permit shall be obtained by the applicant from the City
(Authority: Tigard Municipal Code, Chapter 18.84) for land form
alteration on slopes of twenty-five percent or greater and within
drainageways) .
13 Street Centerline Monumentation
1 . 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
STAFF REPORT - S 17-86 - PAGE 5
1
2. 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.
3. The following centerline monuments shall be set:
a. 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;
b. Center of all cul-de-sacs;
c . Curve points. Point of intersection (P. I. ) when
their position falls inside the limits of the
pavement otherwise beginning and ending points (B.0
and E .C. ) .
d. All sanitary and storm locations shall be placed in
positions that do not interfere with centerline
monumentation.
14. The Locations of all existing trees over 6 inches in
diameter shall be illustrated and a site plan for Lot
125- 128. Justification shall be provided for the removal
of any of these trees .
15. The applicant (and the owner of Tax Lot. 102) shall submit a
conceptual plan for providing an acceptable means of access
to Tax Lot 102 .
16. The applicant shall submit a non-remonstrance agreement for
street improvements for 135th Avenue and Murray Blvd . If
the local improvement district is formed prior to recording
the plat, the applicant shall develop a method acceptable
to the City, for dividing the L.I.D. assessment between the
individual lots .
17. After review and approval by the Director of Community
Development and the City Engineer, the final plat shall be
recorded with Washington County .
18. This approval is valid if exercised within one year of the
final approval date noted below.
/ 111-'77Z41 -
PREPARED BY . Keith S. Liden APP'ROVrD BY William A. Monahan
Senior Planner Director of Community
Development
(KSL:bs2768P)
STAFF REPORT - S 17-86 - PAGE 6