Hearings Officer Packet - 04/23/1987 - Krueger Dev Co i I MEM S
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HEARING OFFICER 111.1111111
3/87 Krueger Development Company
S 87-03 and SL 87-01
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s) : S 87-03 and SL 87-01
2 . Name of Owner: Margery F. Krueger
3. Name of Applicant: Krueger Development Co.
Address 1 335 SW 66th # 40' City Portland StateOR_Zip 97225
4. Location of Property:
Address Immediately west and north of SW Wilton Avenue but east _gf SW
Scholls Ferry Road.
Legal Description (WCTM 1S1 33CD lot 2001 . —_
5. Nature of Application: F•r a .• . ' - ' 60 - • • • - • - • w - - • • s No.
4) to divide a 13.89 acre parcel into 72 lots between 5200 and 36, 463
sq. ft . in size on property zoned R-25 (Multi-family Residential , 25
units/acre ) . Also a request for a Sensitive Lands Permit to allow fill
6. Action: Approval as requested ing in a drainageway.
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 SHAL.) BE FINAL ON May 19, 1987 UNLESS AM APPEAL IS FILED
The adopted findings of fact, decision, and statement of condi..ion can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall
Blvd. , P.O. Box 23391 , Tigard, Oregon 97223.
9. Appeal
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.310 which provides that a written appeal
may be filed within 10 days after notice Is given and sent .
The deadline for filing of an appeal is 4: 30 P.N. May 191 1987
10 Questions: If you have any questions, please call the City of Tigard
Planning Department , 619 4111
0251P
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION) No. S 87-03, SL 87-01
FOR subdivision approval on )
property zoned R-25; Krueger
Development Co. , applicant.
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of April 23 , 1987 , at the
Tigard Civic Center Town Hall Room, in Tigard, Oregon; and
The applicant requests subdivision approvals to divide
13. 89 acres into 72 lots and for a sensitive lands permit to
allow filling and a drainageway, propert:y, described as Tax Lot 200,
Map 1S1, Section 33CD, City of Tigard, County of Washington,
State of Oregon; and
The Hearings Officer conducted a public hearing on Apii1 23 ,
1987 , at which time testimony, evidence and the Planning Department
Staff Report were received; and
The Hearings Officer adopts the findings of fact and conclu-
sions 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 ORDERED THAT S 87-03 and SL 87-01
be and hereby are approved subject to the following conditions.
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET
PRIOR TO RECORDING THE FINAL PLAT FOR PHASE I OR PHASE II .
2 . That sufficient right-of-way be dedicated now, with
this plat, along SW Clanfield to provide for the potent ►.l1
Page 1 - S 87-03, SL 87-01
1
minor realignment of Clanfield Street at the time of future SW
Davies Road extension.
3. That the applicant demonstrate that the westerly extensions
of SW Corston Street and SW Morning Hill Drive are logical with
respect to existing adjacent property lines.
4 . The applicant shall obtain a permit from the State of Oregon
Highway Division, to perform work within the right-of-way of SW
Scholls Ferry Road. A copy of said permit shall be provided to the
City Engineering Office prior to issuance of a Public Improvement
Permit.
5. Additional right-of-way shall be dedicated to the Public
along the SW Scholls Ferry Road frontage to increase the right-of-
way to 30 feet from centerline. The description for said dedication
shall be tied to the existing right-of-way centerline as established
by Washington County.
6. A one (1' ) foot reserve strip granted to the City of Tigard
shall be provided at the terminus of SW Morning Hill Drive and
SW Corston Street.
7. Street Centerline Monumentation
A. In accordance with ORS 92.060 subsection (2) , the
centerlines of all street and roadway right-of-ways shall be monu-
mented before the City shall accept a street improvement.
B. All centerline monuments shall be placed in a monument
box conforming to City standards, and the top of all monument boxes
shall be set at design finish grade of said street or roadway .
Page 2 - S 87-03, SL 87-01
C. The following centerline monuments shall be set:
(1) All centerline-centerline intersections.
Intersections created with "collector" or other existing, shall
be set when the centerline alignment of said "collector" or other
street has been established by or for the City;
(2) Center of al] cul-de-sacs;
(3) Curve points. Point of intersection (P. I . )
. hen their position falls inside the limits of the pavement other-
wise beginning and ending points (B.C. and E.C. )
(4) All sanitary and storm locations shall be placed
in positions that do not interfere with centerline monumentation.
8. Sanitary and storm sewer details shall be provided as part
of the Public improvement plans. Calculations and topographic
service area - basin map shall be provided as a supplement to the
Public Improvement plans , to demonstrate evidence area - basin
full development serviceability. The location and capacity of
existing and proposed (or future) lines shall be addressed .
In addition, the applicant shall demonstrate ( 1) that
the downstream effect on Tax Lot 800 , Map 1S1 , Section 33C is
not significant or that public easements will be provided and
(2) that the affect on lots and public streets within the proposal
under a 100-year storm is not significant.
9 . The applicant shall provide for roof and site drainage
to the public stormwater system.
10 . Public improvement plan review and approval :
Upon completion of cursory plan reviewing of all public
improvements seven (7) sets of plan-profile improvement construction
Page 3 - S 87-03 , SL 87-01
0
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 final approval .
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 assurance, the payment of a permit fee and a sign
installation/street fee. Also, the execution of a street opening
permit or improvement construction agreement shall occur prior
to, or concurrently with the issuance of approved public improvement
plans.
11. A tree cutting permit shall be obtained from the Planning
Division prior to removal of any trees over 6 inches in diameter.
12 . If the SW Murray Blvd. and/or SW 135th Avenue Local
Improvement District (L. I .D. ) is formed prior to recording the
plat for Phase I or II , the applicant shall develop a method
acceptable to the City , for dividing the L. I .D. assessment between
the individual lots.
13. This approval is valid if exercised within one year of
the final approval date.
DATED this 5th day of May, 1987 .
HEARINGS OFFICER
-
DFT�-
Page 4 - S 87-03, SI, 87-01
6)(11.11.)17
STAFF REPORT AGENDA ITEM 2 . 1
THURSDAY, APRIL 23, 1987 - 7:00 P.M
TIGARD HEARINGS OFFICER
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1 . General Information
CASE: Subdivision S 87-03, Sensitive Lands S1 87-01 (Cotswald #4)
REQUEST: To divide 13 .9 acres into 72 lots ranging between 5,200 and
36,463 square feet in size.
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
ZONING DESIGNATION: R--25 (Residential, 25 units/acre)
APPLICANT: Krueger Development Co. OWNER: Margery Krueger
1335 SW 66th, Unit 402 Rt. 1 Box 792
Portland, OR 91223 Beaverton, OR 97007
LOCATION: Southeast of Scholls Ferry Road and immediately west of
Cotswald Meadows subdivision (WCTM 1S1 33CD, tax lot 200
and 2S1 4B, tax lot 101) .
2. Background Information
This is the fourth phase of the Cotswald Mead'ws subdivision. Phases
1 , 2, and 3 are immediately east of the subject property and are
presently being developed.
3 . Vicinity Information
The property is totally surrounded by property that is zoned R-25
(Residential 25 units/acre) . Single family residential development is
east in the first three phases of Cotswald subdivision. The proposed
Murray Blvd. extension and a five acre area zoned C-N (Commercial
Neighborhood) are located to the south. Several parcels occupied by
single family residences lie between the subject property and Scholls
Ferry Road.
4. Site Information and Proposal Description
The property is presently undeveloped. The eastern portion of the
property is wooded and a drainageway bisects the parcel on its downhill
route toward Scholls Ferry Road.
SlAI I RI PORI S 87-03/SI. 81--01 KRUFGER DIV. (COTSWAITI NO. 4) PAGE I
The applicant proposes to create a 72 lot subdivision with the majority
of the parcels ranging between 5,200 and 6,000 square feet in size.
The 36,463 square foot lot adjacent to the Scholls Ferry Road/Clanfield
Street intersection is intended for a day care center which will
require a separate Conditional Use review and approval. The
development is proposed in two phases with Phase I containing Lots 159,
168-217 and Phase II consisting of Lots 155-158, 160-167, and 218--226.
One street access is proposed onto Scholls Ferry Road. Ashbury Lane
and Morning Hill Drive will continue west from Cotswald No. 3 and two
streets are proposed to continue into the residentially zoned
properties to the west at some future date.
5. Agency and NPO Comments
The Engineering Division presented the following summary of findings
and recommendations relative to public streets, storm drainage, and
sanitary sewer.
a. STREETS
The applicant proposes to serve the subdivision from SW Scholls
Ferry Road and Cotswald Meadows No. 3 through a series of local
street connections. The applicant has also illustrated how the
connection to SW Scholls Ferry Road does not preclude the
potential extension of SW Davies Road . We would recommend that
sufficient right-of-way be dedicated now, with this plat, along
SW Clanfield to provide for the potential SW Davies Road
Extension.
It is also noted that the applicant must obtain a permit from the
State Highway Division for improvements to SW Scholls Ferry Road.
The applicant has shown two street extensions to the west, namely
SW Morning Hill Drive and SW Corston Street. He should
demonstrate that these extensions do not negatively impact
existing improvements and provide for future logical development
of adjacent properties .
b STORM DRAINAGE
The applicant is proposing to fill and pipe a significant
drainageway that runs north-south through the subject property .
He has also submitted a preliminary engineering analysis
demonstrating that provision has been made for future upstream
development. However, two additional items should be addressed:
(1) the downstream effect on tax lot 800, map 1S1 33C and (2) the
effect on lots and streets within the proposal under 100-year
storm frequency conditions.
It also appears that the applicant has appropriately extended the
proposed storm drainage system to adjacent properties where
necessary .
STAFF REPOR1 - S 87--03/St 87-01 KRUEGER DEV. (COTSWAID NO. 4) - PAGE 7
c . SANITARY SEWER
The applicant is proposing to serve the development from the Weir
trunk line near Summer Creek . Here again, it appears that
appropriate extensions are being made where necessary to serve
adjacent properties.
The State Highway Division notes that a left turn lane with appropriate
storage width and tapers will be necessary along with a 50 foot
right-of-way dedication from centerline.
The Washington County Department of Land Use and Transportation states
that if the jurisdiction of Scholls Ferry Road is transferred to the
County, a 45 foot right--of-way from centerline along with a sidewalk
improvement would be required.
Washington County Fire Districr. No. 1 states that all residences must
be within 500 feet of a fire hydrant.
Beaverton School District indicates that Beaverton High and McKay
Elementary are over capacity but the District is in the process of
rectifying the situation.
Tigard Water District has no objection to the request.
The Building Inspection Division notes that any fill placed on lots
will require a soils engineer report prior to issuance of building
permits.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan
policies 2. 1 . 1, 3 .4.2, 6.6. 1, 7. 1 .2, 7. 2 . 1, 7.3 . 1, 7.4.4, 8 . 1 . 1, and
8. 1 .3 and Community Development Code Chapters 18.50, 18.44, 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 with modifications is
consistent with the relevant portions of the Comprehensive Plan based
upon 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 .4 .2 calls for the protection of vegetation and natural
drainage courses . The drainageway only carries water seasonally
and no special protection is prescribed in the Bull Mountain
Community Plan, but the trees on the site should be protected t_
the maximum extent possible. The trees on the site may only be
cleared after receiving staff approval .
STAFF REPORT - S 87-03/Sl 87 01 KRUFGFR DIV. (COTSWAL D NO. 4) PAGE 3
a
c. Policy 6.6. 1 required buffering between different land uses.
When residential development occurs adjacent to C—N property, a
10 foot wide landscaped buffer with screening is required. Lots
220-223 will have a sufficient setback through the 15 foot
building setback requirement for rear yards.
d. Policy 7.2. 1 will be satisfied when additional engineering work
is completed for accommodating storm drainage above and within
the development. The Washington County Dull Mountain Community
Plan which applied to the property prior to annexation,
identified a drainage swale running south to Summer Creek which
lies within this phase of the subdivision. It is regarded as a
natural feature that must be considered, through a Sensitive
Lands review, during the development of the property but it is
not classified as a significant wetland or wildlife habitat area
requiring special protection.
e. Policy 7. 1 .2, 7.3. 1 , and 7 . 4 .4 ari, satisfied because adequate
water, sewer, and storm drainage facilities are available to the
development. the applicant also indicates that these facilities
will be provided within the subdivision as required by City
standards.
f. Policy 8. 1 . 1 calls for a safe and efficient street system that
meets current and projected needs. The plat appropriately allows
for the connection of local streets and an alternate access tc
Scholls Ferry Road. The proposed westerly street extensions of
Corston Street and Morning Hill Drive may need to be modified to
provide an appropriate street location for the adjoining
properties .
g. Policy 8. 1 .3 will be satisfied when the conditions of approval
relating to street improvements are completed .
The Planning staff has determined that the proposal with modifications,
is consistent with the relevant portions of the Community Development
code based upon the findings noted below:
a. Chapter 18.50 of the Code is satisfied because the proposal meets
all the requirements of the R- 25 zone.
b. Chapter 18 .84 is satisfied because appropriate measures are being
proposed to mitigate any storm drainage problems related to the
filling and regrading of the property.
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.
STAFF REPORT S 87- 03/SI 87-01 KRUFGER DEV. (COTSWAID NO. 4) PAGI 4
C. RECOMMENDATION
Based upon the findings and conclusions above, the Planning staff
recommends approval of S 87-03/SL 87-01 subject to the following
conditions:
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRI0R 10
RECORDING THE FINAL PLAT FOR PHASE I OR PHASE II.
2. That sufficient right-of-way be dedicated now, with this plat,
along SW Clanfield to provide for the potential minor realignment
of Clanfield Street at the time of future SW Davies Road
extension.
3 . That the applicant demonstrate that the westerly extensions of
SW Corston Street and SW Morning Hill Drive are logical with
respect to existing adjacent property lines .
4. The applicant shall obtain a permit from the State of Oregon
Highway Division, to perform work within the right-of-way of
SW Scholls Ferry Road. A copy of said permit shall be provided
to the City Engineering Office prior to issuance of a Public
Improvement Permit.
5. Additional right-of--way shall be dedicated to the Public along
the SW Scholls Ferry Road frontage to increase the right--of way
to 30 feet , •wm centerline. The description for said dedication
shall be ..ed to the existing right-of-way centerline as
established by Washington County .
6. A one (1 ' ) foot reserve strip granted to the City of Tigard shall
be provided at the terminus of SW Morning Hill Drive and
SW Corston Street.
7. Street Centerline Monumentation
A. In accordance with ORS 92.060 subsection (2), the
centerlines of all street and roadway right--of-ways shall
be monumented before the City shall accept a street
improvement .
B. All centerline monuments shall be placed in a monument box
conforming to City standards, and the top of all monument
boxes shall be set at design finish grade of said street or
roadway .
C. The following centerline monuments shall be set:
(1) All centerline-centerline intersections .
Intersections created with "collector" or other
existing streets, shall be set when the centerline
alignment of said "collector" or other street has
been established by or for the City:
'AM ! Rt PORI s R/ 0t/H 87 01 KRUEGER DIV. (COTSWAID NO. 4) PAGE 5
(2) Center of all cul-de—sacs;
(3) Curve points. Point of intersection (P.I . ) when
their position falls inside the limits of the
pavement otherwise beginning and ending points (B.C.
and E.C. ) .
(4) All sanitary and storm locations shall be placed in
positions that do not interfere with centerline
monumentation.
8 . Sanitary and storm sewer details shall be provided as part of the
Public Improvement plans . Calculations and topographic service
area — basin map shall be provided as a supplement to the Public
Improvement plans, to demonstrate evidence of area - basin full
development serviceability . The location and capacity of
Qxisting and proposed (or future) lines shall be addressed.
In addition, the applicant shall demonstrate (1) that the
downstream effect on tax 800, map 1S1 33C is not significant or
that public easements will be provided and (2) that the affect on
lots and public streets within the proposal under a 100—year
storm is not significant.-7j
9. The applicant shall provide for roof and site drainage to the
public stormwater system.
10. Public improvement plan review and approval :
Upon completion of cursJry plan reviewing of all public
improvements seven (7) sets of plan—profile 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 final approval .
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 assurance, the payment of a permit fee and a sign
installation/street fee. Also, the execution of a street opening
permit or improvement construction agreement shall occur prior
to, or concurrently with the issuance of approved public
improvement plans.
11 . A tree cutting permit shall be obtained from the Planning
Division prior to removal of an. trees over 6 inches in diameter.
12 . If the SW Murray Blvd. and/or SW 135th Avenue Local Improvement
District (L.I .D. ) is formed prior to recording the plat for Phase
I or II, the applicant shall develop a method acceptable to the
City, for dividing the L.I.D. assessment between the individual
lots.
STAFF RI PORT S 87--03/SL 87-01 KRUE.GER DEV. (COTSWAI D NO. 4) -- PAGE' 6
13. This approval is valid if exercised within one year of the final
approval date.
PREPARED BY: Keith 'Aden APPROVED BY: William A. Monahan
Senior Planner Director of Community
Development
(KL:cn/3140P)
STAFF REPORT -- S 8/ 03/ti1 87 01 KRUEGFR DIV. (COTSWAID NO 4) PAGI 1