Hearings Officer Packet - 06/26/1995
CITY OF TIGARD
OREGON
TIGARD HEARINGS OFFICER
PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on
the appropriate sign-up sheet(s).
Assistive Listening Devices are available for persons with impaired hearing
and should be scheduled for Planning Commission meetings by noon on the
Monday prior to the meeting. Please call 639-4171, Ext. 320 (voice) or
684-2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following
services:
• Qualified sign language interpreters for persons with
speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of
your need by 5:00 p.m. on the Wednesday preceding the meeting date at
the same phone numbers as listed above.
(OVER FOR MEETING AGENDA ITEM(S)
TIGARD HEARINGS OFFICER - 6/26/95 PAGE 1 OF 3
h:\log I n\oatMageno ho6.26
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CITY OF TIGARD
HEARINGS OFFICER
JUNE 26, 1995 - 7:00 P.M.
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 CONDITIONAL USE PERMIT (CUP) 95-0003 LIECHTY ? A request for
Conditional Use approval to allow an accessory dwelling unit within a
single family detached residential unit. LOCATION: 13398 SW 136th
Place. (WCTM 2S1 4CA, tax lot 8500). West of SW Hillshire Drive, east of
SW 136th Place and south of SW Westridge Terrace within Hillshire
subdivision. ZONE: R-7 (Residential, 7 units per acre). The R-7 zone
allows single family residential units, duplex residential units, public
support facilities, residential treatment home, farming, manufactured
home, family day care, home occupation, temporary use, and
accessory structures. APPLICABLE REVIEW CRITERIA: Community
Development Code Sections 18.52, 18.130.
2.2 SIGN CODE EXCEPTION (SCE) 95-0001 OFFICE DEPOT ? A request for
Sign Code Exception approval to allow an eight (8) foot increase in
height of an existing sign to a height of 40 feet, whereas the Code
specifies a maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 SW Cascade Boulevard (WCTM 1 S1 35BA, tax lot 3302).
North of SW Cascade Boulevard, south of Highway 217, east of SW
Scholls Ferry Road and west of SW Greenburg Road. ZONE: I-P
(Industrial Park) The Industrial Park zoning allows public agency
administrative services, public support facilities, professional and
administrative services, financial, insurance, and real estate services,
business support services, manufacturing of finished products,
packaging and processing, wholesale, storage, and distribution, among
other uses. APPLICABLE REVIEW CRITERIA: Community Development
Code Section 18.114
TIGARD HEARINGS OFFICER - 6/26/95 PAGE 2 OF 3
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2.3 SUBDIVISION (SUB) 95-0002/LOT LINE ADJUSTMENT (MIS) 95-0012
SENSITIVE LANDS REVIEW (SLR) 95-0006 FORAN PLACE/
PICULELL GROUP ? A request for approval of the following
development applications:
1.) Subdivision preliminaryplatapproval todivide anapproximately
3.9 acre parcel into 12 lots ranging between 6,091 square feet to
8,737 square feet.
2.) Lot Line adjustment request to adjust two parcels of
approximately 4.53 and 2.26 acres into two parcels of
approximately 3.9 and 2.89 acres.
3.) Sensitive Lands Review approval of preliminary plans for
grading, road construction and development of portions of the
subject property that exceed 25 percent grade.
LOCATION: West of Woodford Estates, and approximately 650 feet
north of SW Bull Mountain Road. (WCTM 2S1 9AB, tax lots 1200 and
5700). ZONE: R-7 (Residential, 7 units per acre). The R-7 zone allows
single family residential units, duplex residential units, public support
facilities, residential treatment home, farming, manufactured home,
family day care, home occupation, temporary use, and accessory
structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan
Policies: 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3.
Community Development Code Section 18.52, 18.84, 18.88, 18.92,
18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160 and 18.164.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARINGS OFFICER - 6/26/95 PAGE 3 OF 3
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PUBLIC HEARING
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,
AT A MEETING ON MONDAY, JUNE 26, 1995 AT 7:00 PM,
IN THE TOWN HALL OF THE 71GARD CIVIC CENTER, CITY OF TIGARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0003
FILE TITLE: LIECHTY
APPLICANT: Mark Liechty OWNER: Same
13398 SW 136th Place
Tigard, OR 97223
(503) 579-2925
REQUEST,- A request for Conditional Use approval to allow an accessory dwelling unit within
a single family detached residential unit.
LOCATION: 13398 SW 136th Place. (WCTM 2S1 4CA, tax lot 8500). West of SW Hillshire Drive, east of SW
136th Place and south of SW Westridge Terrace within Hillshire subdivision.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.52, 18.130.
ZONE: R-7 (Residential, 7 units per acre). The R-7 zone allows single family residential units, duplex
residential units, public support facilities, residential treatment home, farming, manufactured home,
family day care, home occupation, temporary use, and accessory structures.
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.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
CUP-95-0003 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER JUNE 6, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL
OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE
CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT
LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
VICINITY EXHIBIT MAP
BEET
0 400 d00
CUP-95-0003 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBUC HEARING
11
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COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON, OREGON 97075
Legal Notice Advertising
City of Tigard ' ? Tearsheet Notice
•13125 SW Hall Blvd. • ? Duplicate Affidavit
Tigard,Oregon 97223-8199
.Accounts Payable-Terry •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )as
COUNTY OF WASHINGTON, ).
i Kathv Snvder 11
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTigard-T>>alatin Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Ticrard in the
aforesaid county and state; that the
Conditional Use Permit 95-0003 Liechty
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
June 15,1995
Subscribed and
My Commission Expires:
AFFIDAVIT
The following will be considered by the Tigard Hearings Officer on Mon-
day, June 26 1995 at 7:00 P.M., at Tigard Civic Center - Town Hall,
13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter precludes an appeal., and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on that
criterion. Further information may be obtained from the Planning Division
at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling (503)
639-4171.
PUBLIC HEARING:
CONDITIONAL USE PERMIT (CUP195-0003 LIECHTY
The applicant has requested Conditional Use approval to allow an acces-
sorydwelling unit w?thm a single family detached residential unit. LOCA-
TION: 13398 S.W.136th Place. (WCTM 2S14CA, tax lot 8500). West of
S.W. Hillshire Drive, east of S.W. 136th Place and south of S.W.
Westridge Terrace within Hillshire subdivision. ZONE: R 7, (Residential,
7 units per acre). The R-7 zone allows single family residential units,
duplex residential units, public support facilities, residential treatm^:it
home, farming, manutacturea home, family day care, home occupaticn,
temporary use, and accessory structures. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.52, 18.130.
,19!
I
i
'fl°I'8235 - Publish June 15, 1995.
s •
AGENDA ITEM 2.1
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Mark Leichty CUP 95-0003
to allow a 700 square foot accessory dwelling
unit within a single-family detached residence.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit
CUP 95-0003
SUMMARY: A request for Conditional Use approval to allow a 700 square foot accessory
dwelling unit within a single-family detached residence.
APPLICANT/OWNER: Mark Leichty
13398 SW 136th Place
Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Medium-Low Density
ZONING DESIGNATION: R-7 (Residential, 7 units per acre)
LOCATION: 13398 SW 136th Place (WCTM 2S1 4CA, tax lot 8500). West of SW Hillshire
Drive, east of SW 136th Place and south of SW Westridge Terrace within Hillshire Subdivision.
APPLICABLE LAW: Community Development Code Chapters 18.52, 18.106, 18.108, 18.130,
18.164. Comprehensive Plan Policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. SITE AND VICINITY INFORMATION
A. Background Information:
The subject parcel was created in 1993 with the recording of the "Hillshire"
subdivision. No other development applications have been filed with the City.
HEARINGS OFFICER - CUP 95-0003 - LIECHTY Pagel
B. Site Information and Proposal Description:
The site is currently developed with a single family residence. The applicant proposes
to provide an accessory dwelling unit of approximately 700 square feet within the
basement of the existing residence, to be occupied by the owner's mother-in-law.
C. Vicinity Information:
The subject parcel and surrounding parcels are zoned R-7 (Residential, 7 units per
acre). The area is predominantly developed with single family residential dwellings.
III. APPLICABLE APPROVAL STANDARDS
A. Community Development Code:
1. Chapter 18.52.040 lists Accessory Dwelling Unit as a Conditional Use in the
R-7 zone.
2. Chapter 18.130.040 contains the following general approval criteria for a
Conditional Use:
A) The site size and dimensions provide adequate area for the needs of the
proposed use;
B) The characteristics of the site are suitable for the proposed use
considering size, shape, location, topography, and natural features.
C) All required public facilities have adequate capacity to serve the
proposal.
D) The applicable requirements of the zoning district are met except as
modified by this chapter.
E) The supplementary requirements set forth in Chapter 18.114 (Signs) and
Section 18.120.180 (Approval Standards) Site Development Review, if
applicable, are met.
F) The use will comply with the applicable policies of the Comprehensive
Plan.
HEARINGS OFFICER - CUP 95-0003 - LIECHTY Page2
3. Section 18.130.150(0 states that a secondary unit may be allowed within
an existing single-family detached unit for occupation by a person related by
blood or marriage to the property owner providing each of the following
conditions are satisfied:
A) The lot coverage standards of the base zone are not exceeded;
B) There are a minimum of 250 gross square feet of floor area for each
occupant; however, there shall be no more than two occupants and the
unit shall be limited in size to 800 gross square feet;
C) One of the units shall be occupied by the property owner at all times
that the accessory dwelling unit is occupied. Should the property owner
vacate one of the units, the accessory unit shall not be occupied;
D) All requirements of the base zone shall be satisfied and required yard
areas shall not be used for parking; and
E) The off-street parking requirements of Chapter 18.106 shall be satisfied
for the principal dwelling and one additional space shall be provided for
the accessory dwelling unit.
4. Section 18.52.050 (R-7 Zone) states that the minimum lot area shall be 5,000
square feet, the minimum lot width shall be 50 feet, and that the maximum lot
coverage shall be 80 percent.
5. Section 18.106.030(A)(1) (Parking) requires 2 off-street spaces for each
dwelling unit.
6. Section 18.108.070(A) (Access) requires one driveway with a width of 15 feet
(10 feet of pavement) for a single-family residence.
7. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the classification
of the street.
b. Section 18.164.090 requires sanitary sewer service.
HEARINGS OFFICER - CUP 95-0003 - LIECHTY Page3
C. Section 18.164. 100 requires adequate provisions for storm water runoff
and dedication of easements for storm drainage facilities.
B. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the City will assure that citizens will be provided an
opportunity to participate in all phases of the planning and development review
process.
2. Policy 7.1.2 provides the City will require, as a condition of development
approval, that public water, sewer, and storm drainage will be provided and
designed to City standards and utilities placed underground.
3. Policy 7.3.1 provides the City will coordinate water services with water
districts.
4. Policy 7.4.4 requires all new development to be connected to an approved
sanitary sewer system.
5. Policy 8.1.3 provides the City will require as a precondition of approval that:
a. Development abut a dedicated street or have other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
width;
C. The developer shall commit to construction of the streets, curbs,
sidewalks to City standards within the development.
d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the development's
impacts;
IV. AGENCY COMMENTS
1. The City of Tigard Building Division states that a building permit is required and the
accessory dwelling unit must meet Building Code standards, which include the
provision of a one-hour separation wall.
HEARINGS OFFICER - CUP 95-0003 - LIECHTY Page4
1 1) • •
V. EVALUATION OF REQUEST
1. Compliance with Community Development Code.
Section 18.130.040: The site size is adequate for the proposed use as the site exceeds
the 5,000 square foot minimum lot size and will be within an existing single family
residence; Adequate public facilities currently serve the site; Applicable requirements
of the zoning district are satisfied; Site Development Review supplemental
requirements are not applicable as there is no modification or addition to the existing
structure; and Comprehensive Plan Policies are satisfied as discussed below.
Section 18.130.150(C)(1) is satisfied. The lot coverage standards of the zone are not
affected by this conditional use and the lot coverage standards were reviewed during
building permit review. The acessory unit will be 700 gross square feet, under the
maximum 800 allowed. The property owner will occupy the principal residence. All
base zone standards are satisfied as reviewed with the building permit review process.
The applicant is proposing to utilize the existing garage and driveway and will not be
using required yard area for parking. The property contains a double car garage and
a 20 foot driveway. The garage and driveway area shall provide adequate area for
parking as the garage will provide the two required spaces for the principal residence
with the driveway providing the space for the accessory unit.
Section 18.106.030(A)(1) and 18.108.070(A) are satisfied as three parking spaces are
provided and as the residence has a minimum 15 foot wide driveway.
2. Compliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive Plan
Policies as follows:
1. Citizen Involvement. Policy 2. 1.1 is satisfied because notice of the application
and public hearing on this item was provided to owners of property in the
vicinity of the site and in a newspaper of general circulation.
2. Public Facilities and Services. The conditional use complies with Policies
7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public
Agencies have been provided with copies of the proposed development
application. All utilities are available to serve this proposal.
HEARINGS OFFICER - CUP 95-0003 - LIECHTY Page5
3. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of
the development plan in compliance with Policy 7.6.1. The Fire Department
has not provided objections to this proposal.
4. Transportation. This application complies with Policy 8.1.3 because SW 136th
Place has been developed to City street standards.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP
95-0003 subject to the following conditions:
1. The applicant shall obtain a building permit for the conversion to an accessory
dwelling unit.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by:
William D'Andrea
Assistant Planner
Approved by: ?Ad ?44??
James Hendryx
Community Development Director
HEARINGS OFFICER - CUP 95-0003 - LIECHTY
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VICINITY EXHIBIT MAP CASE:
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USE PERMIT (CUP)
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EXHIBIT A
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Tigard , Oregon 97223
(503) 579 2925
City of Tigard
!3 125 SW Hall
Tigard, Oregon 97223
Application for building permit to City Of Tigard
Plans submitted by Home owner ---Mark Liechty
Project, atddress
13395 SIN 136th Pl.
Tigard. Oregon 97223
Hillshire lot 86
Scope of project:
Finish 'unfinished basement'
Approximate square footage 1 100
•
Finishing to include one bedroom,one bathroom (full) kitchen area w/ gas range,garbage disposal,
dishwasher, double sink ; Bathroom with whirlpool type tub,W.C. lav. Addition of non load bearing walls
for closets,room division etc. Four windows to be cut in to load bearing exterior walls. Applicable
residential wiring to NEC specs -permit to be secured from Wash.Co.
F-Aisting LB. walls are framed 2x6 on 12" centers Headers are planned to be 4x12 not to exceed 4' 6" in
length. Request approval or recommendation if other specs preferred for headers .
insulation under floor is O" spun glass.Vapor barrier under 7/16" strand board underlayment (on top of
2x8" Ulkg) is tar impregnated type building paper.
Plumbing unil be same methods and materials used in initial construction (ABS & Copper ).
Gas piping will be approx. 35' in length to range (3/4" iron pipe).
.ydd to load bearing walls :
2 516" x 1'10" S.H. vinyl double pane argon filled windows
1 516" x 2'6" S.H. vinyl double pane argon filled window
l 2'x 2' slider vinyl double pane argon filled window
1 3' x 3' slider vinyl double pane argon filled window
Appliances 1 Bathtub 30" x60" whirlpool type
1 Lav
1 Toilet water saver 1.6 gal type
1 Gas range full size w/ 4 burner ( separate range hood
0 0
EXHIBIT B
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RF Cnii(I. ipnw1 l14F 1?eS'nlit 18.130.1M- -C -1
a. r'erson to occupy dwelling is mother of fernale owner
1i) Filnshing basernent involves no structural changes exceeding the original foundation and no
appearance changes trom outside except the addition of four windows which are of the same type installed
in ?rigina-l rt elling
11): nl, on- of cnipant will be allowed : the square footage of the floor area is 700 sq. ft.
;,Eli) The top two floors are the primary dwelling for the property owners
I-) The dt ellinghas an attached two car garage which is seperated from the street by a driveway
acconi modating two vehicles.
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DEW HEARING
AGENDA ITEM
• •
PUBLIC HEARING
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,
AT A MEETING ON MONDAY, JUNE 26, 1995 AT 7:00 PM,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: SIGN CODE EXCEPTION (SCE) 95-0001
FILE TITLE: OFFICE DEPOT
APPLICANT: Meyer Sign Company
7340 SW Landmark Lane
Tigard, OR 97223
(503) 620-8200
OWNER: Ernest Marx
13627 Sunset Boulevard
Pacific Palisades, CA 90272
REQUEST- A request for Sign Code Exception approval to allow an eight (8) foot increase in
height of an existing sign to a height of 40 feet, whereas the Code specifies a
maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 SW Cascade Boulevard (WCTM 1S1 35BA, tax lot 3302). North of SW Cascade
Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW Greenburg
Road.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.114
ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative services,
public support facilities, professional and administrative services, financial, insurance, and real
estate services, business support services, manufacturing of finished products, packaging and
processing, wholesale, storage, and distribution, among other uses.
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.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
SCE 960001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBUC HEARING
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER JUNE 6, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL
OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE
CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT
LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
VICINITY EXHIBIT MAP
I T.
sa« r.oa
FEET
0 j00 d00
SCE 950001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBUC HEARING
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COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684.0360
BEAVERTON, OREGON 97075
Legal Notice Advertising
*City of Tigard
13125 SW Hall Blvd.
•Tigard,Oregon 97223-8199
.Accounts Payable-Terry
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )as.
COUNTY OF WASHINGTON, )ss.
• ? Tearsheet Notice
0 11
0
Duplicate Affidavit
Legal
NoticeTT 8233
The following will be considered by the Tigard Hearings Officer on Mon-
day, June 21 1995 at 7:00 at Tigard Civic Center - Town Hall,
13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter precludes an appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based hat
Kathy Snyder criterion. Further information may be obtained from the Planning on t Division
being first duly sworn, depose and say, that I am the Advertisin, at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling (503)
Director, or his principal clerk, of theTlgard-Tualatin Time 639 4171.
a newspaper of general circulation as defined in ORS 193.010 PUBLIC HEARING:
and 193.020; published at Tigard in the
aforesaid county and state; that the SIGN CODE EXCEPTION (SCE) 95 0(1<Jtn rr ? n?
_Puh l ; c TiPa r i n q /Si gn Code-Office Depot A request for Sign Code Exception approval to allow an eight (8) foot in-
a printed copy of which is hereto annexed, was published in the crease in height of an existing sign to a height of 40 feet, whereas the
entire issue of said newspaper for ONE successive and Code specifies a maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 S.W. Cascade Boulevard (WCTM 1S135BA, tax lot
consecutive in the following issues: 3302). North of S.W. Cascade Boulevard, south of Highway 217, east of
S.W. Scholls Ferry Road and west of S.W. Greenburg Road. ZONE: I-P
June 15,1995 (Industrial Park). The Industrial Park zonin allo bl'
Subscribed and sworn to
mm>strative services, public support facilities, professional al and ad-
ministrative services, financial, insurance, and real estate services, build-
ing support services, manufacturing of finished products, packaging and
processing, wholesale, storage, and distribution, among other uses. AP-
PLICABLE REVIEW CRITERIA: Community Development Code Sec-
tion 18.114.
me thisl5th day of June, l! CASE: ---
Notary
My Commission Expires:
AFFIDAVIT
is for Oregon
ZIGN CWC
arcs 09
1. I __
P"Cm (9CC) 95- ,
TT8233 - Publish June 15, 1995.
VICINITY
MAP
AM®
1 I
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TIGARD
HEARINGS OFFICER
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME
AND NOTE THEIR ADDRESS ON THIS SHEET ...(Please PRINT)
A,??
CITY OF TIGARD
OREGON
AGENDA ITEM #: F 2.2 ]FATE OF HEARING: 6/26/95 Page 1 of 1
CASE NUMBER(S): -I FSIGN CODE EXCEPTION (SCE) 95-0001
OWNER/APPLICANT: OFFICE DEPOT
LOCATION: 10520 SW CASCADE BOULEVARD TIGARD OREGON
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR. ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name lAddress lZip & Affiliation) (Print Name/Address/Zip & Affiliation)
Name: yavcay'?zf-z Name:
Address: '7,3V,0 -SL J ?? ?'` ?? 6--J Address:
City: / /z oNty State: 0 01- Zip: ? 7? -473 City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
h: \ 1 ogi n\ p a t ty \ s i g ni n ho. m s t
• •
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application for a sign code exception to ) FINAL ORDER
allow a sign exceeding the 35-foot height limit that applies )
generally in the I-P zone for the Office Depot store at ) SCE 95-0001
10520 SW Cascade Avenue in the City of Tigard, Oregon ) (Office Depot)
1. SUMMARY OF THE REQUEST
The applicant requests approval of an exception to the sign code to allow an 8-foot increase
in the height of an existing freeway-oriented sign for the Office Depot store at 10520 SW
Cascade Avenue. If the exception is approved, the sign will be about 40 feet above grade
at the base of the sign. A freeway-oriented sign in the I-P zone generally is not permitted to
exceed a height of 35 feet. The applicant asserts that an exception should be granted in this
case, because a new structure between Highway 217 and the Office Depot sign blocks
views of the sign from the highway.
II. FINDINGS ABOUT THE SITE
The hearings officer incorporates by reference the findings about the site and
surroundings in Section II of the City of Tigard Staff Reported dated June 19, 1995.
III. APPLICABLE APPROVAL STANDARDS
The hearings officer incorporates by reference the approval standards in Section III
of the City of Tigard Staff Report dated June 19, 1995.
IV. HEARING AND RECORD
1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the
public hearing about this application on June 26, 19951. A record of that testimony is
included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and
Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall.
2. At the hearing, city planner Will. D'Andrea summarized the staff report and
recommendation. Ken VanDevender testified for the Meyer Sign Company in support of
the exception. He submitted 16 photographs of the site. He accepted the staff report and
recommendation without objections or corrections.
3. The hearings officer incorporates by reference the agency comments in Section
IV of the City of Tigard Staff Report dated June 19, 1995.
V . EVALUATION OF REQUEST
The hearings officer adopts as his own and incorporates by reference the findings
about compliance with the Community Development Code and Comprehensive Plan in
Section V of the City of Tigard Staff Report dated June 19, 1995.
VI. SITE VISIT
The hearings officer visited the site and surrounding area.
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 1
• •
VIL CONCLUSION AND DECISION
1. The hearings officer concludes that the proposed sign code exception complies
with the applicable criteria and standards of the Community Development Code, provided
development that occurs after this decision complies with applicable local, state, and federal
laws and with conditions of approval warranted to ensure such compliance occurs.
2. In recognition of the findings and conclusions contained herein, and
incorporating the Staff Report and other reports of effect agencies and public testimony and
exhibits received in this matter, the hearings officer hereby approves SCE 95-0001 subject
to the conditions of approval recommended in Section VI of the City of Tigard Staff Report
dated June 19, 1995.
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 2
DATED this 6th day of July, 1995.
10, t
AGENDA ITEM 2.2
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Meyer Sign Company
for a Sign Code Exception approval to allow an
eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code
specifies a maximum height of 35 feet for a freeway
oriented sign.
1. SUMMARY OF THE REQUEST
CASE: Sign Code Exception
SCE 95-0001
SCE 95-0001
SUMMARY: A request for Sign Code Exception approval to allow an eight (8) foot increase
in height of an existing sign to a height of 40 feet, whereas the Code specifies a maximum height
of 35 feet for a freeway oriented sign.
APPLICANT: Meyer Sign Co.
7340 SW Landmark Ln
OWNER: Ernest Marx
Tigard, OR 97223
13627 Sunset Blvd.
Pacific Palisades, CA 90272
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
LOCATION: 10520 SW Cascade Avenue (WCTM 1S1 35BA, tax lot 3302). North of SW
Cascade Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW
Greenburg Road.
APPLICABLE LAW: Community Development Code Chapters 18.32, 18.114.
STAFF RECOMMENDATION: Approval subject to conditions.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pagel
0 0
II. SITE AND VICINITY INFORMATION
A. Background Information:
In 1990, a Freeway Oriented sign was approved (SGN 90-0071) for a sign 35 feet in
height and 160 square feet per sign face. No other development applications have been
reviewed by the City.
B. Site Information and Proposal Description:
The site is currently developed and is occupied with an Office Depot. There is an
existing 32 foot, freeway oriented sign. The applicant states that due to the construction
of a new 30 foot tall building on the adjacent property, the subject sign has been
visually obscured. The applicant requests for a Sign Code Exception approval to allow
an eight (8) foot increase in height of an existing 32 foot sign to a height of 40 feet,
whereas the Code specifies a maximum height of 35 feet for a freeway oriented sign.
C. Vicinity Information:
The subject parcel and surrounding parcels are zoned I-P (Industrial Park). The area
is predominantly developed with a mix of commercial and industrial uses.
III. APPLICABLE APPROVAL STANDARDS
1. Section 18.114.090 (E) states that freeway oriented signs shall be permitted in the I-P
zone. Freeway oriented signs shall be permitted to locate within 200 feet of Highway
217 and/or I-5. One freeway oriented freestanding sign shall be allowed for each
parcel, development complex, or premises with a maximum height not to exceed 35
feet from the ground level at its base. The total maximum sign area shall be 160
square feet per sign face (320 square feet total). The sign shall be oriented to be
viewed from the freeway.
2. Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the
requirements of this chapter when the applicant demonstrates that, owing to special or
unusual circumstances relating to the design, structure or placement of the sign in
relation to other structures, the literal interpretation of this chapter would interfere with
the communicative function of the sign without corresponding public benefit.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page2
0 •
3. Section 18.114.145 (A) states that the Hearings Officer shall approve, approve with
conditions, or deny a request for an exception to the sign code based on findings that
at least one of five criteria are satisfied. Two criteria (#2 and #5) are related to a
second freestanding sign, and one criteria (#4) allow additional allowable sign area and
height not being requested. The two criteria applicable to this application are the
following:
1) The proposed exception to the height limits in the sign code is necessary to
make the sign visible from the street because of the topography of the site,
and/or a conforming building or sign on an adjacent property would limit the
view of a sign erected on the site in conformance with Sign Code standards;
3) Up to an additional 25 percent of sign area or height may be permitted when
it is determined that the increase will not deter from the purpose of this
chapter. This increase should be judged according to specific needs and
circumstances which necessitate additional area to make the sign sufficiently
legible. The increase(s) shall not conflict with any other nondimensional
standards or restrictions of this chapter.
4. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings
Officer shall review all of the existing or proposed signage for the development and
its relationship to the intent and purpose of this chapter. As a condition of approval,
the Hearings Officer may require:
1) Removal or alteration of nonconforming signs to achieve compliance with the
standards contained in this chapter;
2) Removal or alteration of conforming signs in order to establish a consistent sign
design throughout the development; and
3) Application for sign permits for signs erected without permits or removal of
such illegal signs.
IV. AGENCY COMMENTS
1. The City of Tigard Building Division states that the applicant shall submit calculations
to demonstrate adequacy of the existing pole and foundation for the new height.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page3
•
0
2. The City of Tigard Engineering Department and Tualatin Valley Fire and Rescue have
reviewed the proposal and have offered no comments or objections.
V. EVALUATION OF REQUEST
Compliance with Community Development Code.
Sections 18.114.090(E) and 18.114.145(A)(1) and (3) are satisfied. The existing freeway oriented
sign received a Sign Permit approval (SGN 90-0071) in 1990 and satisfied the criteria for
freeway oriented signs. The exception is necessary to make the sign visible from Highway 217,
specifically southbound traffic. The existing 32 foot sign had adequate visibility as the adjoining
property was undeveloped in the area of the sign. In 1994, the adjacent property constructed a
30 foot high building addition (SDR 94-0005). This addition obstructs a portion of the existing
sign, from southbound Highway 217 traffic. The proposed height exception would provide the
same unobstructed visibility as it did prior to the newly constructed addition. The proposed 40
foot height is under the 43 foot height allowed under this exception provision. Section
18.114.145(B) is satisfied as staff has examined the existing signage and has found the property
to be in compliance with sign standards, with the exception of a temporary banner sign. The
applicant shall obtain a temporary sign permit or remove the banner sign.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Sign Code Exception request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
In recognition of the findings, staff recommends APPROVAL of Sign Code Exception (SCE 95-
0001) subject to the following conditions:
1. The applicant shall obtain a sign permit. Along with the permit application, the
applicant shall submit calculations to demonstrate the adequacy of the existing pole and
foundation for the new height.
2. The applicant shall obtain a temporary sign permit for the banner sign or shall remove
the sign.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page4
6 6
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by: "&Z9!22 ?>6?:2& a
William D'Andrea
Assistant Planner
Approved by:
James Hendryx
Commmunity Development Director
6/19/95
Date
6/19/95
Date
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page5
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Scale 1':400• SIGN CODE EXCEPTION (SCE) 95-000
FEET OFFICE DEPOT
0 400 800
MAGIS0AT\TIGC0V\NELS0WG\SXN17 3/13/95
IBXUI]BIT
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ELECTP CAL
SIGNS
7340 Sw LANDwAN It
TGAM OR:GON 0722.
503/6204200
FAX 503/020.7074
May 10, 1995
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Office Depot #810
10520 SW Cascade Blvd.
Tigard, OR
As you may be aware, Office Depot has enjoyed excellent freeway visibility over the
past few years from the pole sign which was installed when this facility first opened
Most recently, the display has been visually obscured by the construction of the new
Honda building which sets on a piece of property between the Office Depot parcel and
Highway 217. Office Depot has spent much time and money on the existing sign, which
has provided excellent advertising. The new Honda building creates a hardship situation
by obstructing the view and limiting the signs effectiveness and thereby negating the
time, effort, and money put- forth by Office Depot
What we propose is to increase the existing sign height by 8 feet This extension would
allow Office Depot the adequate exposure to Highway 217. The new sign height would
be no more than 45 feet The increase in sign height would be achieved by adding on to
the existing pole not by erecting a completely new sign. We feel under sign code
18.114.145 section A.1 and section A.3 this should be allowed
If there are any questions or concerns, please feel free to call.
Sincerely,
Sean eill
Meyer Sign Co. of Oregon, Inc.
ro*% RIBIT
I "C 19
st) 00
SIG[ PERMIT
PSG? •= SUM90-0071 D= ISSN....: 08/31/90
BZPIRLTIOK D=.- / /
PZFjCZZ .........: 1S135Ba-03302
ZOIM........... : I-P
BUS13MSS MR ..: OFPICS CLUB
SICK LOCaTXON..: 10520 SR CASCAD$ BLVD
APPLIC AT/AGENT: MM SIGN COMPARZ
30333MSS T= NO:
SIGN: _
PST (Z) PIRG (Z) FR88?lY (Z)
( ) FALL ( ) ZXXCTRWIC ( )
oz?t { ) Brr-TjKMnn ( ) BALLOW i )
SIGN DZMSNSIOKS...... : 8 Z 20
ZOZM SI' AREA......: 160 sq. ft.
101LL AMS& ...........: sq. ft.
tACB (DZRmCTION) : Ra
SIM 2ZXC '..........: 35 fr.
PIN9 1 W "I "OQ FFJM JQLL.: ia.
Mmmacaa+rION.......... : XXT
DESCRIPTION OF SIGN:
Freeway oriented free-stern nq sign. 8' Z 20• 160 square feet. Internally ill=i=ted w
8 - 10 toot lamps. Sign will be mounted on new pole (existing pole w:Lll not support this
sepla?oemt sign.) .
............: SM= !=L
XXISTXNG SIGNS.......: 1
ZLz=RICAL PZRHI ' RsQUn=: T--S
BUILDING PERMIT REQUIRED..: Ia.S
ADMINISTRBMIVE EZCXPT-IONS.: N/A
PERT= P=: S 35.00
APPROVED BY:
DATE: 08/31/90
•
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VISUAL AND
iidtIrm SIMONY
SUBMITTED AT THE
REARING
TIGARD HEARINGS
OFFICER MINUTES
DATE: O b - a ?o -aJ
•
ACENIDA ITEM
7?
•
PUBLIC HEARING
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,
AT A MEETING ON MONDAY, JUNE 26. 1995 AT 7:00 PM,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: SUBDIVISION (SUB) 95-0002/LOT LINE ADJUSTMENT (MIS) 95-0012
SENSITIVE LANDS REVIEW (SLR) 95-0006
FILE TITLE: FORAN PLACE/PICULELL GROUP
APPLICANT: The Piculell Group, Inc. OWNER: Frank & Patricia Foran
3236 SW Kelly Street 13145 SW Bull Mtn. Rd
Portland, Oregon 97201 Tigard, OR 97224
(503) 243-3827 (503) 639-8980
REQUEST ? A request for approval of the following development applications:
1.) Subdivision preliminary plat approval to divide an approximately 3.9 acre
parcel into 12 lots ranging between 6,091 square feet to 8,737 square feet.
2.) Lot Line adjustment request to adjust two parcels of approximately 4.53
and 2.26 acres into two parcels of approximately 3.9 and 2.89 acres.
3.) Sensitive Lands Review approval of preliminary plans for grading, road
construction and development of portions of the subject property that
exceed 25 percent grade.
LOCATION: West of Woodford Estates, and approximately 650 feet north of SW Bull Mountain
Road. (WCTM 2S1 9AB, tax lots 1200 and 5700).
APPLICABLE
REVIEW Comprehensive Plan Policies: 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1,
CRITERIA: 8.1.3. Community Development Code Section 18.52, 18.84, 18.88, 18.92, 18.100,
18.102, 18.106, 18.108, 18.114, 18.150, 18.160 and 18.164.
ZONE: R-7 (Residential, 7 units per acre). The R-7 zone allows single family residential units,
duplex residential units, public support facilities, residential treatment home,
farming, manufactured home, family day care, home occupation, temporary use,
and accessory structures.
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.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR
(503) 684-2772 (TDD -TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR
TO THE HEARING TO MAKE ARRANGEMENTS.
SUB 95-0002 FORAN PLACE/PICULELL GROUP NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING.
AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY.
THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN
ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JUNE 6. 1995. ANY PARTY
IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED
AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN
FOR AT LEAST SEVEN DAYS AFTER THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST
PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION
MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD
OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION
AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT LEAST SEVEN DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
VICINITY EXHIBIT MAP
2
,... r..w
FEET
0 400 300
SUB 95-0002 FORAN PLACE/PICULELL GROUP NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
*City of Tigard
13125 SW Hall
•Tigard,Oregon
COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684.0360 R E C E WtiCe TT 8 2 3 4"
BEAVERTON, OREGON 97075 (AjN l 91995
Legal Notice Advertising
5:11,1_ Qf TIGARD.
• ?
Tearsheet Notice
Blvd.
97223-8199
•Accounts Payable-Terry
0 13
•
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
Kathv Snvder
Duplicate Affidavit
The following will be considered by the Tigard Hearings Officer on Mon-
day, June 26, 1995, at 7:00 P.M., at Tigard Civic Center - Town Hall,
13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter precludes an appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on that
criterion. Further information may be obtained from the Planning Division
at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling (503)
being first duly sworn, depose and say that I am the Advertisin
Director, or his principal clerk, of theTigard -Tualatin Time:
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state* hat the
Hearing:S_UB 95-002/Foran Place/Piculell
croup
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
June 15.1995
639-4171.
PUBLIC HEARING:
SUBDIVISION (SUB) 95-00021
LOT LINE ADJUSTMENT (MIS) 95-0012/
SENSITIVE LANDS REVIEW (SLR) 90006
FORAN PLACE/PICULELL GROUP
A request for approval of the following development applications:
1.) Subdivision preliminary plat approval to divide an approximately 3.9
acre parcel into 12 lots ranging between 6,091 square feet to 8,737
square feet.
2.) Lot Line adjustment request to adjust two parcels of approximately
4.54 and 2.26 acres into two parcels of approximately 3.9 and 2.89
acres.
3.) Sensitive Lands Review approval of preliminary plans for grading,
road construction and development of portions of the subject proper-
ty that exceed 25 percent grade.
LOCATION: West of Woodford Estates, and approximately 650 feet
north of S.W. Bull Mountain Road (WCTM 2S19AB, tax lots 1200 and
5700). ZONE: R-7 (Residential, 7 units per acre). The R-7 zone allows
single family residential units, duplex residential units, public support
facilities, residential treatment home, farming, manufactured home, family
day care, home occupation, temporary use, and accessory structures. AP-
PLICABLE REVIEW CRITERIA: Comprehensive Plan Policies: 2.1.1,
3:1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3. Community
Development Code Section 18.52, 18.84, 18.88, 18.92, 18.100, 18.102,
18.106, 18.108, 18.114, 18.150, 18.160 and 18.164.
Subscribed and sworn to f re me this 15th day of June, l!
Notaryblic for Oregon
My Commission Expires:
AFFIDAVIT
TT8234 - Publish June 15, 1995.
TIGARD
HEARINGS OFFICER
CITY OF TIGARD
OREGON
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME
AND NOTE THEIR ADDRESS ON THIS SHEET ...(Please PRINT)
II AGENDA ITEM #: 11 2.3 11 DATE OF HEARING: 6/26/95 Page 1 of _
II CASE NUMBER(S): II SDDIVIISSIONN 95-0002/LOT
(SLR) O LI ADJUSTMENT (MIS) 95-0012/SENSITIVE II
OWNERIAPPLICANT: ?I FORAN PLACE/PICULELL GROUP
LOCATION: ? :WEST MOUNTAIN ROADSTATESG? APPRO O6R5E0 O NORTH OF SW
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name/Address/Zip & Affiliation)
(Print Name/Address/Zip & Af1diation)
Address r Y74y S? /i,tls !A? Address:
City: 01116,448 State: r,K Zip: ri7zZ City: State: Zip:
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0 TIGARD 0
HEARINGS OFFICER
CITY OF TIGARO
OREGON
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME
AND NOTE THEIR ADDRESS ON THIS SHEET ...(Please PRINT)
1 AGENDA ITEM IF-2.3 IF-DATE OF HEARING: 6/26/95 Page of _
CASE NUMBER(S): 11 SUBDIVISION 95-0002/LOT LINE ADJUSTMENT (MIS) 95-0012/SENSITIVE
LANDS REVIEW (SLR) 95-0006
OWNER/APPLICANT: FORAN PLACE/PICULELL GROUP
LOCATION: WEST OF WOODFORD ESTATES, AND APPROX. 650 FT. NORTH OF SW
[ 1 BULL MOUNTAIN ROAD TIGAR.D OREGON
PLEASE PRINT YOUR. NAME, ADDRESS, AND INCLUDE YOUR. ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name lAddresslZip & Af/Uiation)
(Print Name /AddresslZip & Affiliation)
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City: State: Zip: City: State: Zip:
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•
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by The Piculell Group for approval) FINAL O R D E R
of a lot line adjustment, a preliminary plat for a 12-lot land ) SUB 95-0002
division, and sensitive lands review for steeply sloped areas ) MIS 95-0012
of the site in the R-7 zone north of Bull Mountain Road and ) SLR 95-0006
west of SW 130th Avenue in the City of Tigard, Oregon ) (Foran Subdivision)
1. SUMMARY
1. The applicant requests approval of three related actions.
a. First, the applicant proposes to adjust lot lines between two existing
parcels under common ownership. The existing lots contain 4.53 and 2.26 acres. After the
lot lines are adjusted, they will contain 3.9 and 2.89 acres, respectively.
b. Second, if the lot line adjustment is approved, the applicant requests
approval of a preliminary plat to create 11 lots ranging in size from 6091 to 8737 square
feet and one lot containing 1.59 acres and an associated street and utilities. As part of the
subdivision, the applicant proposes to extend SW 130th Avenue from its existing terminus
at the east edge of the site to the west edge of the site. The applicant would improve a
temporary turnaround near the west edge of the site. Proposed lots do or can comply with
the dimensional standards of the R-7 zone.
c. Third, because the site includes a drainage swale and land with slopes of
more than 25%, the applicant also requests approval of a sensitive lands review for
development of the steeply slopes land.
2. Hearings Officer Larry Epstein (the "hearings officer") conducted a public
hearing in this matter on June 26, 1995.
a. At the hearing, City staff recommended conditional approval.
b. The applicant accepted some of the recommended conditions, sought
clarification of other recommended conditions, and argued against recommended conditions
requiring dedication and improvement of a public half-street south of the proposed on-site
road, reservation of right of way for a street north of the proposed on-site road,
establishment of a public pedestrian pathway along the drainage swale through the site or
connections to such a path, and submission of a wetlands delineation.
c. Four witnesses testified orally against the subdivision or with objections
and concerns principally about the extension of the proposed street to the west and south,
preservation of trees, management of stormwater from the site, and the staff-recommended
pedestrian pathway.
d. At the applicant's request, the hearings officer held open the public
record for seven days after the hearing. The applicant and two neighbors submitted
additional written statements after the hearing and before the record closed. Additional
written testimony for and against the subdivision was submitted before the public hearing
in this matter.
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 1
• •
3. For the reasons stated or incorporated by reference herein, the hearings officer
hereby approves the lot line adjustment, preliminary plat and sensitive lands review subject
to conditions of approval incorporated herein by reference or stated at the end of this order.
II. ]HEARING AND RECORD
1. The hearings officer received testimony at the duly noticed public hearing about
this application on June 26, 1995 and received additional testimony and evidence through
July 3, 1995, when the record closed. A record of that testimony is included herein as
Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written
Testimony). These exhibits are filed at the Tigard City Hall.
a. City planner Will D'Andrea summarized the Staff Report and responded
to questions from the hearings officer. He argued in support of recommended conditions
requiring the applicant to reserve land for a northbound street and to dedicate and improve a
public half-width southbound street, based on the City's maximum block circumference
standard and on the standards for interconnection of streets.
b. Charles Chimento and Bill Horning testified for the applicant. Mr.
Chimento summarized public meetings that the applicant held before submitting the
application. Mr. Horning presented the applicant's case-in-chief. The majority of his
testimony concerned recommended conditions of approval to which the applicant objected,
including the following:
(1) Recommended condition of approval 2 requires the applicant to
dedicate a 22-foot half-width right of way extending south of the proposed east-west road
on the site (referred to as Foran Street for the sake of convenience) and to improve that
right of way with a 14-foot paved section, curb and sidewalk. This condition also requires
the applicant to reserve a 22-foot wide right of way and 28-foot slope easement for future
extension of a public road north of Foran Street. Recommended condition of approval 17
requires the applicant to show how the southerly street extension should intersect with
Foran Street. Mr. Horning objected to these conditions mainly for the following reasons:
(a) Neither extension is necessary to provide access to
surrounding properties. He submitted a future street to support this argument.
(b) Neither extension is necessary to fulfill the City's
transportation plan. He submitted a copy of the transportation plan in support of this
argument, noting that the plan does not call for the north-south extension of the street in
this case.
(c) The southerly road extension would cross land over
which other property owners own easements and over which the applicant does not have
exclusive control. The applicant cannot comply with the condition if those owners do not
also agree to accept the condition; they do not There already are six homes along the
private drive that exists within the area condition of approval 2 requires to be dedicated,
reducing the likelihood those lots will be further divided in the future.
(d) The northerly road extension is not practicable, because
of the steep slope and fill adjoining a portion of the west edge of the site.
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 2
• •
(2) Recommended condition of approval 9 requires the applicant to
relocate sewer connections for four lots to the street on which the lots front. Mr. Horning
asked whether private "grinder" pumps can be used to help fulfill that condition. City
development review engineer Michael Anderson testified private pumps can be used.
(3) Recommended condition of approval 14 requires the applicant to
more clearly define the boundaries of the drainageway on the west portion of the site so that
the City can determine whether any proposed development will affect that drainageway
and, therefore, will require sensitive land review. Mr. Horning described the nature of that
area, arguing that the drainageway does not have a defined boundary and that little
stormwater drains through that area. Therefore he argued the condition is unnecessary and
impracticable to comply with.
(4) Recommended condition of approval 15 requires a wetland
delineation. Although he conceded he is not qualified as an expert in such matters, Mr.
Horning argued the site does not contain a wetland based on the absence of wetland plant
species. Therefore he argued the condition is unnecessary.
(5) Recommended conditions of approval 16 and 21 address tree
removal. The hearings officer noted they are repetitive, and can be merged into one
statement. There was testimony clarifying which trees are subject to the condition, (i.e.,
trees with a diameter of more than 6 inches). Mr. Horning asked whether the applicant can
remove trees to undertake more detailed geotechnical analysis before the final plat is
approved. Mr. D'Andrea responded that such removal is permitted, provided the applicant
identified where such trees are situated. Mr. Horning agreed to provide a plan identifying
those trees or areas of trees.
(6) Recommended condition of approval 18 requires the applicant to
provide a pedestrian pathway along the drainageway connecting to the pathway in
Wilmington Heights to the northeast. Mr. Horning objected to this pathway, arguing it will
not lead anywhere. If it is required, he asked whether it could be improved with a gravel
surface. Otherwise he opined the applicant would have to install steps for the pathway to
overcome the steep slopes above the drainageway.
c. Edwin Murphy owns land west of the site (TL 1000). He testified in
favor of preserving existing vegetation on the site to protect the privacy and security of his
property, arguing that Foran Street should terminate some distance east of the west edge of
the site so that trees could be preserved on the site west of the end of the improved street
section. He also expressed concern about inequalities created by the extension of Foran
Street across his lot, (i.e., that he would have to dedicate and improve more than one-half
the street when he develops his property).
d. Ed Metzler owns land west of the site (TL 900). He testified in favor of
saving trees on the west part of the site, suggesting a lot line adjustment to include the trees
in his lot and Mr. Murphy's lot. His speculated drainage from his property has been
affected by filling on the property and clogged drains, so that his yard now floods. He
expressed concern about the geometry of Foran Street, arguing that it stubs at an
inconvenient angle, and that it should be moved south to avoid the fill on his property.
(1) Mr. Anderson testified that the applicant must submit and
receive approval of an engineered plan for the road, and that plan must extend at least 200
feet offsite. He opined that would ensure the road extension is practicable. He further
opined that the proposed road location best matches off-site grades. He disagreed with Mr.
Metzler's testimony that the road would work better if it was moved south.
Hearings Ogicer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 3
• •
e. Tom Jurhs owns land east of the north end of the site (TL 1100 and
1201). He objected to recommended condition of approval 18, which requires the
applicant to extend a pedestrian pathway along the drainageway on the site. He argued the
pathway would lead to loss of security and privacy. He argued the path would lead
nowhere, because the adjoining subdivision to the northeast (Wilmington Heights) was not
required to provide the connecting pathway. He testified the applicant had not contacted
him regarding an easement for extension of the sewer as shown on the preliminary plat.
He expressed concerns about loss of trees, hours of construction, people traveling on his
private driveway (which extends north from SW 129th Avenue), and drainage generally.
(1) Regarding the sewer easement, Mr. Chimento responded that, if
the applicant can use pumps to get sewage up to the street grade, then the applicant does not
need an easement across Mr. Jurhs' property.
(2) Regarding the pedestrian pathway, the hearings officer asked
City staff to provide a copy of the decision regarding Wilmington Heights.
f. Mike Done owns property east of the site adjoining the westward
extension of SW 130th Avenue. His principle concern was to reduce the volume of traffic
on Foran Street and 130th Avenue. To that end, he argued that the applicant should be
required to extend a street to Bull Mountain Road from the west end of Foran Street (i.e.,
as recommended by City staff in conditions of approval 2 and 17). He also argued the
applicant should not be permitted to use 130th Avenue for access to the site during
construction. He also argued Foran Street should not be extended west of the site, and it
should end in a permanent cul de sac. He also expressed concern about the pedestrian
pathway and about drainage.
g. Mr. Chimento and Mr. Horning responded to the testimony. Mr.
Chimento agreed to restrict the hours of construction on the site to 7 AM to 7 PM weekdays
and 8 AM to 7 PM Saturdays. No construction would occur on Sundays. He described
the storm drain at the common property line of Mr. Done's property. Mr. Horning
described why the applicant proposed a 1:1 slope at the proposed temporary turnaround at
the west end of Foran Street, (i.e., to reduce the area from which trees would have to be
removed from grading). He agreed to use a more gradual slope if necessary to comply
with the City Code.
h. At the end of the testimony, the hearings officer ordered the public
record to be kept open until July 3, 1995 to receive additional testimony.
2. The hearings officer received the following evidence between the close of the
hearing and July 3, 1995.
a. Kurt Hemry, who owns land in the Woodford Estates subdivision east
of the site, submitted a letter dated June 26, 1995, in which he argues that Mr. Done's
testimony did not represent the opinion of everyone in Woodford Estates. He stated that
half the subdivision's residents want Foran Street to extend west. He proposed that the
applicant provide a pedestrian pathway that can be extended to the Three Mountain Estates
subdivision to enhance pedestrian and bicycle access for the neighborhood without using
Bull Mountain Road.
b. Mr. Chimento submitted a letter dated July 3, 1995 in which he repeated
many of the arguments he and Mr. Horning made at the hearing. He expanded on the
argument against extending a street to Bull Mountain Road from the west end of Foran
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 4
• •
Street, arguing they cannot dedicate right of way for the street (because other people own
rights to the area as well), and that the cost of the such a street would be prohibitive. He
expanded on his argument against extending a street north of Foran Street because of the
steep grade of the fill on Mr. Metzler's property and the lack of need for the street. He
proposed to terminate Foran Street 20 feet from the west edge of the site to preserve more
trees there. He disputed the City staff testimony that a wetlands delineation is needed to
comply with requirements of the Unified Sewerage Agency, based on a telephone call with
USA staff. He objected to condition of approval 18 (the pedestrian path), because such a
path was not required in the adjoining subdivision and would lead nowhere.
c. City staff submitted a copy of the final order in the matter of SUB 95-01
(Wilmington Heights).
III. SITE VISIT
The hearings officer visited the site before the hearing without the company of others.
The hearings officer announced at the hearing that he had done so and invited parties to ask
what he observed. No one did so.
IV. DISCUSSION
1. City staff recommended approval of the applications in this case subject to
conditions in the Staff Report as amended at the hearing. The hearings officer finds that the
Staff Report generally contains all the applicable standards for the application and findings
showing the applications comply with those standards. Those findings are not disputed in
large part. To the extent the findings are not disputed, the hearings officer adopts them as
his own in support of a decision to approve the applications in this case subject to the
conditions recommended in the Staff Report except as expressly provided otherwise below.
2. There are several related disputes about streets in this case, including whether
and where Foran Street should be designed to extend off-site; whether a public road should
extend from Foran Street to Bull Mountain Road; and whether a public road should extend
from Foran Street to the north edge of the site. The standards relevant to those disputes are
CDC 18.160.060(A), CDC 18.164.030(F) and (G) and CDC 18.164.040(B).l
I CDC 18.160.060 provides:
A. The Hearings Officer may approve, approve with conditions or deny a preliminary
plat based on the following approval criteria:
1. The proposed preliminary plat complies with the City's comprehensive plan,
the applicable zoning ordinance and other applicable ordinances and regulations...
CDC 18.164.0300 provides:
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision
or partition. The plan shall show the pattern of existing and proposed future streets from
the boundaries of the proposed land division and shall include other properties within 200
feet surrounding and adjacent to the proposed land division...
2. Where necessary to give access and permit a satisfactory future division of adjoining
land, streets shall be extended to the boundary lines of the tract to be developed...
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 5
• •
3. The hearings officer finds that it is necessary to extend Foran Street off-site to
the west to give access to and to permit future division of adjoining land in a manner that
complies with applicable ordinances and regulations, particularly CDC 18.164.040(B)(1).
a. Existing development and topographical constraints do not preclude such
a street extension. Therefore, pursuant to CDC 18.164.030(F) and (G), the applicant
should be required to extend Foran Street to the west edge of the site.
b. Although extension of the street to 132nd Avenue in the future is
reasonably likely to increase traffic volume on Foran Street and 130th Avenue, that does
not preclude extension of the street. The volume of traffic on the street will not exceed its
design capacity. The increase in volume will result in a corresponding increase in the
potential for traffic hazards. However the conditions on the site are not and will not be
unusual in this respect. Pedestrians and cyclists will have to exercise a greater degree of
care when using the street. But the exercise of such care is commensurate with the urban
character of the site and roads in the area.
4. There is a dispute about whether the west end of Foran Street should be moved
further south. The relevant standard is CDC 18.164.030(D).2
CDC 18.164.030(G) provides:
2. All local and minor collector streets which abut a development site shall be extended
within the site to provide through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extension is considered precluded when it is
not possible to redesign or reconfigure the street pattern to provide required extensions. In
the case of environmental or topographical constraints, the mere presence of a constraint
is not sufficient to show that a street connection is not possible. The applicant must
show why the constraint precludes some reasonable street connection.
CDC 18.164.040(B) provides:
1. The preimeter of blocks formed by streets shall not exceed 1800 feet measured along
the right of way line except:
a. Where street location is precluded by natural topography, wetlands or other
bodies of water, or pre-existing development; or
b. For blocks adjacent to arterial strets, limited access highways, major
collectors or railroads;
c. For non-residential blocks ...
2. When block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be
provided through the block.
2 CDC 18.164.030(D) provides:
1. The location, width and grade of all streets shall conform to an approved street plan
and shall be considered in relation to existing and planned streets, to topographic
conditions, to public convenience and safety, and in their appropriate relation to the
proposed use of the land to be served by such streets...
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 6
• •
a. There is no future street plan for the area. Leaving Foran Street where it
is proposed may impose different burdens on owners of property to the west, but such
differences do not violate the CDC.
b. Shifting the street south so that the centerline of the street extends the
property line between TL 1000 and TL 900 would make it possible for the owner of each
of those properties to extend one-half the street. That enhances the ability to provide access
to potential lots on those properties.
c. If Foran Street is not shifted south, the owner of TL 900 would have to
divide or sell a portion of his land so that Foran Street could extend across the southeast
corner of TL 900 to reach TL 1000. If that does not occur, and if a public street is not
created from Foran Street to Bull Mountain Road (see below), then potential lots on TL
1000 can be served only from SW 132nd Avenue to the west.
d. Based on the foregoing and applicable standards, the hearings officer
finds the most appropriate location for the west end of Foran Street is the common property
line between TL 900 and 1000. This results in an appropriate projection of that street so
that it can serve both properties to the west independently. The hearings officer finds the
result is not impractical due to topographic conditions. In fact, by shifting the street south,
the elevation of the street will more nearly match the existing off-site grade to the west,
based on the topographic maps in the record (and contrary to testimony by Mr. Anderson).
Also shifting the street south reduces the need for grading in the drainageway north of
Foran Street to accommodate the temporary turnaround at the west end of the street,
consistent with CDC 18.84.040(B)(1). Conditions of approval should be amended
accordingly. The hearings officer recognizes that such a change in the location of Foran
Street may affect the layout and number of lots at the west end of the site. Changes in the
plat and lot line adjustment should be permitted to accommodate the change in street
location, provided the number of lots is not increased.
5. The hearings officer further finds that the improvement of Foran Street should
extend to the west edge of the site.
a. CDC 18.164.030(A)(1)(a) requires streets within a development to be
improved consistent with City standards.
b. The Director may accept a future improvement guarantee in lieu of
improvement only under limited conditions. See CDC 18.164.030(A)(1)(c). But the
hearings officer finds that a future improvement guarantee is not proposed, and the
conditions do not exist that warrant accepting such a guarantee in lieu of improvements.
b. Where the location of a street is not shown in an approved street plan, the
arrangement of streets in a development shall either.
(i) Provide for the continuation of appropriate projection of existing
streets in the surrounding area; or
(ii) Conform to a plan adopted by the Commission, if it is impractical
to conform to existing street patterns because of particular topographical or other existing
conditions of the land. Such a plan shall be based on the type of land use to be served,
the volume of traffic, the capacity of adjoining streets and the need for public convenience
and safety.
Hearings Ofcer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 7
0
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Preservation of trees is not one of the circumstances under which the City can accept a
guarantee in lieu of improvements.
c. CDC 18.164.030(E)(1)(b) requires street improvements to comply with
City standards unless compliance with the standards "will result in an unacceptable adverse
impact on existing development or on the proposed development or on natural features such
as wetlands, steep slopes or existing mature trees" and "the potential adverse impacts
exceed the public benefits" of compliance with the standards.
(1) Based on the tree survey in the application, there is only one
significant tree (i.e., with a diameter greater than 6 inches) within 20 feet of the west edge
of the property. If the road improvements stop 20 feet from the west edge of the site,
perhaps that tree could be preserved.
(2) The hearings officer finds that extension of the street to the west
edge of the site will not result in unacceptable adverse impacts. The potential adverse
impact of losing one tree does not outweigh the public benefits of extending the street to the
edge of the site so that it can be extended off-site more readily when land to the west
develops.
(3) There are many smaller trees in the west 20 feet of the site, but
the hearings officer finds the loss of those trees is not significantly adverse, because of
their small size.
6. The hearings officer finds that the applicant should not be required to extend a
public road from Foran Street to Bull Mountain Road, because Bull Mountain Road is a
major collector street, based on the City transportation plan. However the applicant should
be required to dedicate and improve, as needed, a public pedestrian and bicycle easement
through the block. Conditions of approval should be amended accordingly.
a. The perimeter of a block can exceed 1800 feet where the block adjoins a
major collector or arterial street. CDC 18.164.040(B)(1)(b). The hearings officer
assumes the purpose of allowing larger blocks next to major collectors (and arterials) is to
reduce the number of intersections onto such streets and, thereby, reduce the disruption of
traffic flow on those streets.
b. However, because the block circumference exceeds 1800 feet, the
applicant is required to provide a pedestrian and bicycle pathway through the block. CDC
18.164.040(B)(2). Therefore the hearings officer finds the applicant should dedicate a
public easement from the west end of Foran Street to Bull Mountain Road and should
improve that easement consistent with City standards for such a pathway, as needed, or as
otherwise directed by the City Engineer consistent with the law.
c. The hearings officer finds contractual commitments with owners of other
properties along the private street that now occupies the area where the easement should be
located does not preclude the applicant from providing the pedestrian and bicycle pathway.
The contracts in question are not in the record, so the hearings officer cannot evaluate them.
If the contracts in question require use of the 50-foot strip for access to the adjoining lots,
then dedication and improvement of an easement for a pedestrian and bicycle pathway is
consistent with those rights.
7. The hearings officer finds that the applicant should not be required to reserve or
dedicate right of way for a future public street extending north of Foran Street.
Hearings OJ7cer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 8
•
a. The hearings officer finds the street is not required to be extended, due to
physical constraints that preclude construction of such a street consistent with City
standards, most notably the drainage swale on the site and the substantial fill on Mr.
Metzler's property. CDC 18.164.030(G). Taken together these features would require
substantial grading of sensitive lands and/or street grades in excess of City standards. If
access can be provided to developable land without such grading, then it would conflict
with the sensitive lands review chapter to require or allow it. CDC 18.84.040.
b. Based on the future street plan submitted by the applicant at the hearing
(applicant's exhibit 3), access can be provided to the developable lots that can be created
from lots west and north of the site without extending the street north of Foran Street.
Therefore the street is not required to be extended to provide necessary access. CDC
18.164.030(F)(2).
c. Also the hearings officer finds the comprehensive plan (i.e., the City
transportation plan) does not require the street to be extended north of Foran Street. The
street is not identified as a collector on the transportation plan. SW 132nd Avenue, about
300 feet west of the site, is identified as a collector. Therefore the street does not have to
be extended to provide a collector street identified on the transportation plan. The
transportation plan does not identify local streets. The northward extension from Foran
Street would be a local street. Therefore it does not need to be extended to comply with the
comprehensive plan.
d. However, because the block circumference exceeds 1800 feet, the
applicant is required to provide a pedestrian and bicycle pathway through the block. CDC
18.164.040(8)(2). Therefore the hearings officer finds the applicant should dedicate a
public easement from Foran Street to the northeast corner of the site where it meets the
public pathway in the Wilmington Heights subdivision3 and should improve that easement
consistent with City standards for such a pathway or as otherwise directed by the City
Engineer consistent with the law. The City Engineer may allow the applicant to improve
steeply sloped areas of the pathway with a gravel surface to avoid the need for stairs.
e. The hearings officer recognizes that such a pathway may detract from the
security and privacy of adjoining properties. However the CDC does not authorize
waiving the required pathway for such a reason. The pathway is required to mitigate, in
part, the larger-than-permitted block circumference. In this case, where the size of the
block is more than twice the permitted size, the pedestrian and bicycle pathway is critical to
achieving an interconnected alternative transportation network, consistent with City
comprehensive plan policy 8 and the Transportation Planning Rule.
8. The record reflects that the City allows private pumps to be used to move
sewage uphill from a private property to the public line that serves a given lot. Therefore
the applicant can comply with condition of approval 9.
3 Condition of approval 16 of the final order in the matter of Wilmington Heights provides:
It is recommended that the 15-foot public sewer easement to be developed as a
pedestrian/bikeway path along the sideyard property line between Lots 5 and 6.
Although this condition of approval is stated as a recommendation, the hearings officer construes it as a
requirement, because it is a condition of approval. Also see finding 7 on page 10 of that decision, in which
the pathway is recognized as a requirement based on CDC 18.164.040(B)(2). The hearings officer disagrees
with the conclusions by the applicant and Mr. Juhr that the pathway in Wilmington Heights was not
required.
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 9
•
9. There is some uncertainty about whether there are wetlands on the site. The
preliminary plat shows a "drainage swale" across the site. The boundaries of that swale are
not clearly indicated. Testimony at the hearing indicated that more water drained through
the swale in the past. Condition of approval 14 requires the applicant to more precisely
determine the boundaries of the drainageway. Condition of approval 15 requires the
applicant to submit a wetlands delineation for the area in question.
a. The hearings officer finds these conditions of approval are consistent
with the information requirements listed in CDC 18.84.070. Until the boundaries of the
drainageway are precisely identified, and the character of the drainageway as a wetland or
some other sensitive lands feature is determined, the City cannot assure the final plat and
subsequent development will comply with the sensitive lands regulations. Testimony by
the applicant about this issue was relevant and probative, (e.g., Mr. Horning testified he
did not observe any wetland plant species in the drainageway), but was not conclusive or
supported by expert evidence. Compliance with conditions of approval 14 and 15 will
provide the necessary refinement of evidence.
10. The hearings officer finds conditions of approval 16 and 21 should be merged,
because they are substantially similar. The amended condition should authorize tree
removal before approval of the final plat to the extent necessary to accommodate surveys
and public infrastructure required before approval of the final plat, provided the applicant
submits a plan for such tree removal to City staff for review and approval.
11. The applicant proposed to limit hours of construction to be more restrictive
than the City Code. A condition of approval is warranted to reflect that proposal.
12. The hearings officer finds that conditions of approval 6 and 7 should be
amended to be more clear about their timing.
V. CONCLUSIONS
Based on the above findings, including the incorporated provisions of the Staff Report,
the hearings officer concludes that the applications in this case do or can comply with the
applicable standards of the City of Tigard Community Development Code and should be
approved, subject to the conditions of approval in the Staff Report with certain changes
consistent with the discussion in section III of the final order.
VI. ORDER
The hearings officer hereby approves MIS 95-12, SLR 95-06 and SUB 95-02
(Foran Subdivision), subject to the conditions in the Staff Report as amended herein.
1. Condition of approval 1 is hereby amended to read as follows:
1. The applicant shall dedicate right of way for and shall improve Foran
Street to City standards across the full width of the subdivision, including
traffic control devices, mailbox clusters, concrete sidewalks, driveway
aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, street lights, and underground utilities. Improvements shall be
constructed to local street standards. The centerline of the west end of
Foran Street shall be an extension of the property line between tax lot 900
and tax lot 1000 to the west. STAFF CONTACT: John Hagman,
Engineering Department (639-4171).
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 10
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2. Condition of approval 2 is hereby amended to read as follows:
2. The applicant shall dedicate to the City a public easement from the west
end of Foran Street to Bull Mountain Road for pedestrian and bicycle access
and shall improve that easement with a pathway for pedestrian and bicycle
use consistent with City standards or as otherwise permitted by the City
Engineer consistent with the City Code. STAFF CONTACT: Michael
Anderson, Engineering Department (639-4171).
3. Condition of approval 6 is hereby amended to read as follows:
6. Before the City approves a grading permit, the applicant shall submit a
final grading plan showing existing and proposed contours. A soils report
shall be provided detailing the soil compaction requirements consistent with
the requirements of Chapter 70 of the Uniform Building Code. STAFF
CONTACT: Michael Anderson, Engineering Department (639-4171).
4. Condition of approval 5 is hereby amended to read as follows:
5. Before the City approves a grading permit, the applicant shall submit a
geotechnical report for the proposed grading and slope construction. The
recommendations of the report shall be incorporated into the final grading
plan. A final construction supervision report shall be filed with the Building
Department. STAFF CONTACT: Michael Anderson, Engineering
Department (639-4171).
5. Condition of approval 9 is hereby amended to read as follows:
9. The final sewer plan shall provide for sewer connections in the proposed
street for lots 1 through 4; provided, the applicant may propose to install
private pumps to comply with this condition, subject to appropriate notes or
the plat or in documents filed with the plat.
6. Condition of approval 14 is hereby amended to read as follows:
14. The applicant shall identify the boundaries and centerline of the
drainageway in the west portion of the property. If proposed non-exempt
development will occur within the identified drainageway, the applicant
shall show that such grading or development will comply with the standards
for alteration of a drainageway in CDC 18.84.040(C).
7. Condition of approval 15 is hereby amended to read as follows:
15. The applicant shall submit a wetlands delineation prepared by a
wetlands ecologist or biologist or similar qualified professional. If there are
wetlands on the site, the applicant shall amend the final plat to identify a 25-
foot wide buffer extending outward from the edge of the wetland(s). If
proposed non-exempt development will occur within an identified wetland,
the applicant shall show that such grading or development will comply with
the standards for alteration of a wetland in CDC 18.84.040(D).
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 11
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8. Condition of approval 16 is hereby amended to read as follows:
16. A tree removal permit shall be obtained prior to removing trees. Trees
removal permits shall be issued in phases. Initial tree removal shall be
limited to the proposed public rights of way and easements and to areas
from which trees must be removed to allow topographic surveys and
geotechnical review of the site. Subsequent tree removal applications shall
identify trees to be removed in connection with preparation of individual
lots. STAFF CONTACT: Will D'Andrea, Planning Division.
9. Condition of approval 17 is hereby amended to read as follows:
17. The applicant may amend the lot line adjustment and preliminary plat to
revise the arrangement of lots as warranted by the required relocation of the
west end of Foran Street, provided, the applicant may not increase the
proposed number of lots.
10. Condition of approval 18 is hereby amended to read as follows:
18. The applicant shall dedicate to the City a public easement from Foran
Street to northeast corner of the site to match the corresponding easement in
Wilmington Heights for pedestrian and bicycle access and shall improve that
easement with a pathway for pedestrian and bicycle use consistent with City
standards or as otherwise permitted by the City Engineer consistent with the
City Code. The easement may be contained within the easement over the
drainageway on the site. The City Engineer may authorize the applicant to
improve the pathway with a gravel surface in steeply sloped areas to avoid
the need to build steps in the pathway. STAFF CONTACT: Michael
Anderson, Engineering Department (639-4171).
11. Condition of approval 21, (i.e., the second condition of approval 20 in the
Staff Report), is hereby amended to read as follows:
21. Construction of public and private improvements is permitted only
from 7 AM and 7 PM weekdays and from 8 AM to 7 PM Saturdays. No
construction is permitted on Sundays. The applicant shall include these
restrictions on the face of the final plat or in documents filed_Wkth the plat.
18th day y, 1995.
City of Tigard H?a4ng&ficer
Hearings Officer Final Order in the matter of
MIS 95-121SLR 95-061SUB 95-02 (Foran Subdivision) Page 12
AGENDA ITEM 2.3
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by The Piculell Group,
on behalf of Frank and Patricia Foran, for the following
development applications: 1) Lot Line adjustment request
to adjust two parcels of approximately 4.53 and 2.26 acres
into two parcels of approximately 3.9 and 2.89 acres.
2) Subdivision preliminary plat approval to divide an
approximately 3.9 acre parcel into 12 lots ranging between
6,091 square feet to 8,737 square feet; 3) Sensitive Lands
Review approval of preliminary plans for grading, road
construction and development of portions of the subject
property that exceed 25 percent grade.
1. SUMMARY OF THE REQUEST
CASE: Subdivision SUB 95-0002
Lot Line Adjustment MIS 95-0012
Sensitive Lands Review SLR 95-0006
STAFF REPORT
SUB 95-0002
MIS 95-0012
SLR 95-0006
SUMMARY: The applicant requests the following development applications: 1) Lot Line
adjustment request to adjust two parcels of approximately 4.53 and 2.26
acres into two parcels of approximately 3.9 and 2.89 acres.2) Subdivision
preliminary plat approval to divide an approximately 3.9 acre parcel into
12 lots ranging between 6,091 square feet to 8,737 square feet; 3)
Sensitive Lands Review approval of preliminary plans for grading, road
construction and development of portions of the subject property that
exceed 25 percent grade.
APPLICANT:The Picullel Group, Inc OWNER: Frank & Patricia Foran
3236 SW Kelly Street 13125 SW Bull Mtn. Rd
Portland, Oregon 97201 Tigard, OR 97223
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 1
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COMPREHENSIVE PLAN DESIGNATION: Medium-Low Density Residential
ZONING DESIGNATION: R-7, (Residential, 7 units per acre)
LOCATION:West of Woodford Estates, and approximately 650 feet north of SW Bull
Mountain Road. (WCTM 2S1 9AB, tax lots 1200 and 5700)
APPLICABLE LAW: Community Development Code Section 18.52, 18.84, 18.88, 18.92,
18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160, 18.162, and 18.164.
Comprehensive Plan Policies: 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1,
8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and shape:
Tax lot 1200 is a flag lot which contains approximately 4.53 acres. This parcel
is made up of an approximately 425' x 400' "flag" with a 50'x 620' "pole" with
frontage on SW Bull Mountain Road. Tax lot 5700 is an approximately 2.26 acre
square shaped lot. Tax lot 5700 obtains access to SW Bull Mountain through an
access easement granted across Tax lot 1200. Tax lot 5700 was created through
the approval of a Minor Land Partition (MLP 92-0001 / VAR 92-0008) in 1992.
B. Site location, Existing uses and structures:
The site is located north of SW Bull Mountain Road and west of Woodford Estates
Subdivision. Tax lot 1200 is vacant while tax lot 5700 is developed with a single
family residence.
C. Topography and drainage:
The site slopes from a high elevation of 552 at the southwest corner of the
property to an elevation of 464 at the northeast corner. A revine containing slopes
greater than 25 percent and a drainageway runs through the site, also in a
southwest to northeast direction.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 2
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D.
Surrounding zoning and land uses:
The surrounding properties to the south and east are zoned R-7 (Residential, 7
units per acre). All other adjoining properties are under the jurisdiction of
Washington County. The area is predominantly developed with single family
residential dwellings.
III. APPLICABLE APPROVAL STANDARDS
A.
Community Development Code:
Development Standards: Section 18.52 contains standards for the R-7 zone.
Single-family detached residential units are a permitted use in the zone, and must
comply with the following dimensional requirements:
Minimum lot size
Average lot width
Front setback
Garage setback
Interior sideyard setback
Corner sideyard setback
Rear setback
Maximum building height
5,000 square feet/unit
50 feet
15 feet
20 feet
5 feet
10 feet
15 feet
35 feet
Solar Access: Section 18.88.040(C)(1) contains solar access standards for new
residential development. A lot meets the basic solar access lot standard if it has
a north-south dimension of 90 feet or more and has a front lot line that is oriented
within 30 degrees of a true east-west axis. A subdivision complies with the basic
requirement if 80% or more of the newly created parcels meet this standard.
Alternatively, an applicant can meet the City's Solar Access Standards by
complying with the protected Solar Building Line Option or the Performance
Option. Energy efficiency is ensured through the location of the residence with
sufficient solar access or through the design of the homes which incorporates
window glazing with solar orientation. An applicant can request an exception to
the solar access standards based on the following development constraints: Site
topography in excess of a 10 percent slope, shade from existing on-site or off-site
vegetation or structures, significant natural features, existing street public easement
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 3
•
patterns, impacts to density, cost or amenities of the project which adds five
percent or more to the cost of each lot.
Sensitive Lands: Section 18.84.040(8) contains regulations for the development of
lands with a slope of 25 percent or greater. The intent of the Sensitive Lands
Review process is to assure that land disturbances on slopes of 25 percent or
greater are limited in extent to what is necessary for the intended use so as to limit
soil erosion, ground instability, and other possible adverse effects or hazards to life
or property. The Director shall approve an application for sensitive lands permit
on slopes of 25% or greater based upon findings that all of the following criteria
have been satisfied:
1. The extent and nature of the proposed land use form alteration or
development will not create site disturbances to an extent greater than that
required for the use;
2. The proposed land form alteration or development will not result in
erosion, stream sedimentation, ground instability, or other adverse on-site
and off-site effects or hazards to life or property;
3. The structures are appropriately sited and designed to ensure structural
stability and proper drainage of foundation and crawl space areas for
development with any of the following soil conditions: wet/high water
table; high shrink-swell capability; compressible/organic; and shallow
depth-to-bedrock; and
4. Where natural vegetation has been removed due to land form alteration
or development, the areas not covered by structures or impervious surfaces
will be replanted to prevent erosion in accordance with Chapter 18.100,
Landscaping and Screening.
Section 18.84.040(C) states that the Director shall approve or approve with
conditions an application request for a sensitive lands permit within drainageways
based upon findings that all of the following criteria has been satisfied:
1. The extent and nature of the proposed land form alteration or
development will not create site disturbances to the extent greater
than that required for the use.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 4
•
2. The proposed land form alteration or development will not result in
erosion, stream sedimentation, ground instability, or other adverse
on-site and off-site effects or hazards to life or property.
3. The water flow capacity of the drainageway is not decreased.
4. Where natural vegetation has been removed due to land form
alteration or development, the areas not covered by structures or
impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.100, Landscaping and Screening.
5. The drainageway will be replaced by a public facility of adequate
size to accommodate maximum flow in accordance with the
adopted 1981 Master Drainage Plan.
6. The necessary U.S. Army Corps of Engineers and State of Oregon
Land Board, Division of State Lands approvals shall be obtained.
7. Where landform alterations and/or development are allowed within
and adjacent to the 100-year floodplain, the City shall require the
dedication of sufficient open land area within and adjacent to the
floodplain in accordance with the Comprehensive Plan. This area
shall include portions of a suitable elevation for the construction of
a pedestrian/bicycle pathway within the floodplain in accordance
with the adopted pedestrian bicycle pathway plan.
Because a subdivision is reviewed by the Hearings Officer, the sensitive lands
requirements for slopes and drainage come under the scope of the Hearings
Officer review.
Density: Section 18.92.020 contains standards for density. The number of
dwelling units permitted is based on the net development area, excluding sensitive
land areas and land dedicated for public roads or parks, or for private roadways.
This land area is then divided by the minimum parcel size permitted by the
zoning district to determine the number of lots which may be created on a site.
Section 18.92.030 lists provisions for residential density transfer for areas within
sensitive lands, ie. slopes in excess of 25 percent. This section allows a transfer
of 25 percent of the total number of units which could have been constructed on
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 5
the unbuildable area or the number of units which would have been allowed on
25 percent of the unbuildable area.
Landscaping: Section 18.100 contains landscaping standards for new
development. The applicant must also comply with the standards set forth in
Section 18.100.035 which requires that all development projects fronting on a
public or private street, or a private driveway more than 100 feet in length plant
street trees.
Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways or
the intersection of a public street and a private driveway. A visual clearance area
is the triangular area formed by measuring a 30 foot distance along the street right-
of-way and the driveway and then connecting these two 30 foot distance points
with a straight line. A clear vision area shall contain no vehicle, hedge, planting,
fence, wall structure, signs, or temporary or permanent obstruction exceeding
three feet in height. The height is measured from the top of the curb, or where
no curb exists, from the street center line grade, except that trees exceeding this
height may be located in this area, provided all branches below eight feet are
removed.
Access, Egress, Circulation: Section 18.108 contains standards for the width of
access driveways to single family residences. In order to comply with the
standard each lot must be provided with a ten foot wide residential driveway.
Tree Removal: Section 18.150.020(E) requires a permit for removal of trees
having a trunk six inches or more in diameter measured four feet above the
ground level. A permit for tree removal must comply with the following criteria
as specified in Section 18.150.030(A):
a. The trees are diseased, present a danger to property, or interfere
with utility service or traffic safety;
b. The trees have to be removed to construct proposed improvements
or to otherwise utilize the applicant's property in a reasonable
manner;
C. The trees are not needed to prevent erosion, instability, or drainage
problems;
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 6
d. The trees are not needed to protect nearby trees as windbreaks or
as a desirable balance between shade and open space;
e. The aesthetic character in the area will not be visually adversely
affected by the tree removal; and
f. New vegetation planted by the applicant, if any, will replace the
aesthetic value of trees to be cut.
Subdivision Design: Section 18.160.060(A) contains standards for subdivision of
parcels into four or more lots. To be approved, a preliminary plat must comply
with the following criteria:
1. The proposal must comply with the City's Comprehensive Plan, the
applicable zoning ordinance and other applicable ordinances and
regulations;
2. The proposed plat name must not be duplicative and must
otherwise satisfy the provisions of ORS Chapter 92;
3. Streets and roads must be laid out so as to conform to the plats of
subdivisions and maps of partitions or subdivisions already
approved for adjoining property as to width, general direction and
in all other respects unless the City determines it is in the public
interest to modify the street or road pattern; and
4. An explanation has been provided for all common improvements.
Street and Utility Improvements: Section 18.164 contains standards for streets and
utilities serving a subdivision:
1. Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the
classification of the street.
2. Section 18.164.030(E) requires a local street to have a minimum 44
foot right-of-way and 28 foot paved section between curbs and
sidewalks.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 7
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3. Section 18.164.030(F) states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from
the boundaries of the proposed land division. This section also
states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be
extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street
stubs to adjoining properties are not considered to be cul-de-sac
since they are intended to continue as through streets at such time
as the adjoining property is developed.
4. Section 18.164.030(G) requires all local streets which abut a
development site shall be extended within the site to provide
through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict
adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the
case of environmental or topographical constraints, the mere
presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
5. Section 18.164.030(K) requires that a cul-de-sac shall be no more
than 400 feet long nor provide access to greater than 20 dwelling
units.
6. Section 18.164.030(M) requires that grades shall not exceed 12
percent on local streets, except that local residential streets may
have segments with grades up to 15 percent for distances of no
greater than 250 feet.
7. Section 18.164.040(A) (Blocks Design) states that the length, width
and shape of blocks shall be designed with due regard to providing
adequate building sites for the use contemplated, consideration of
needs for convenient access, circulation, control and safety of street
traffic and recognition of limitations and opportunities of
topography.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 8
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E
8. Section 18.164.040(B)(1) states that the perimeter of blocks formed
by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
a. Where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing
development or;
b. For blocks adjacent to arterial streets, limited access
highways, major collectors or railroads.
C. For non-residential blocks in which internal public
circulation provides equivalent access.
9. Section 18.164.040(B)(2) states that when block lengths greater than
600 feet are permitted, pedestrian / bikeways shall be provided
through the block.
10. Section 18.164.060(A) prohibits lot depth from being more than 2.5
times the average lot width, unless the parcel is less than 1.5 times
the minimum lot size of the applicable zoning district.
11. Section 18.164.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley.
12. Section 18.164.070 requires sidewalks adjoining all residential
streets.
13. Section 18.164.090 requires sanitary sewer service.
14. Section 18.164.100 requires adequate provisions for storm water
runoff and dedication of easements for storm drainage facilities.
B. Applicable Comprehensive Plan Policies.
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the planning and
development review process.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 9
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Physical Limitations: Policy 3.1.1 states that the City shall not allow development
in areas having severe development limitations, including slopes of 25 percent or
greater, except where it can be shown that established and proven engineering
techniques will make the site suitable for the proposed development.
Water Qual ity: Pol icy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and regional water
quality standards.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require
as a condition of development approval that public water, sewer, and storm
drainage will be provided and designed to City standards and that utilities shall
be placed underground.
Fire Protection: Policy 7.6.1 states that Fire District shall review all new
development applications to ensure adequate fire protection is available to serve
each new development.
Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated future
growth and development.
Street Improvements. Policy 8.1.3 states that the City will require the following
as a precondition of approval:
a. Development abut a dedicated street or have other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
width;
C. The developer shall commit to construction of the streets, curbs, and
sidewalks to City standards within the development.
d. The developer shall participate in the improvement of existing streets,
curbs, and sidewalks to the extent of the development's impacts;
e. Street improvements shall be made and street signs or signals shall be
provided when the development is found to create or intensify a traffic
hazard.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 10
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IV. OTHER STAFF COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and offers
the following comments:
A. Streets:
The project proposes to construct a new street, SW Foran Terrace
(unnamed on the submittal), that would extend westerly from the end of
the knuckle constructed in the Woodford Estates subdivision at the
northerly end of SW 130th Avenue.
The applicant has submitted a Future Transportation Plan as required by
Section 18.164.030(F) of the CDC which indicates that SW Foran Terrace
will extend westerly to a private driveway approximately at the location of
future SW 132nd Avenue. In addition, the Engineering Department is
recommending street connections be provided at other existing private
streets in the neighborhood that currently serve more than one property,
based on the need for street inter-connection.
Attached is a copy of the submitted plan which has been revised to show
the connections proposed, as marked in red. It is recommended that the
applicant revise the subdivision final plat to provide street connections for
the future construction of 131 st Avenue at the existing driveway serving the
three properties to the south that connects to SW Bull Mountain Road. The
proposed street should consist of a half-street width dedication of 22 feet,
with a pavement width of 14 feet and a 5 foot sidewalk.
In addition, 131st Avenue could be extended northerly in the future,
connecting to the future extension of Wilmington Court as shown on the
revised sketch, and the applicant should provide for a half-street reservation
along the westerly property line, together with a slope easement to enable
this future road construction across the site. This future extension would
also provide access to proposed Lot 1 to enable further subdivision of the
lot.
The overall subdivision street and pad grading, that is shown on the
preliminary grading plan, will require significant excavation and fill that
should comply with Chapter 70 of the Uniform Building Code. The
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 11
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applicant should provide a preliminary geotechnical report and final
construction supervision grading report by a Professional Civil Engineer and
Engineering Geologist.
In regards to the application for Sensitive Lands Review, the geotechnical
report should also address the structural adequacy of the proposed
residential construction on the 25% slopes. All proposed foundation
construction should be required to remove excess soils from the building
site, and no fills should be allowed in any area exceeding 15% as per the
requirements of Chapter 70.
B. Sanitary Sewer:
The existing 8 inch public sanitary out-fall sewer from the Woodford
Estates subdivision is located an easement off-site to the proposed
subdivision. The applicant proposes to construct a new main that will
connect to this off-site sewer in an easement secured from the adjacent
property owner.
In addition, the preliminary utility plan shows a parallel multi-pipe
construction of private sewer lines along the rear of the lots within the 25%
slope area for Lots 1 through 4. This would require extra-ordinary means
for future maintenance by the property owners and should be avoided.
The final sewer design should provide for sewer connections of these lots
in the street.
The existing sewer has sufficient capacity for the proposed development.
C. Storm Drainage:
The existing site currently drains to the natural swale crossing the property
in a northeast direction. The applicant proposes to collect the storm water
in a new underground system that will extend from the new street to this
existing swale. The proposed construction from the street to the swale
should be located within Lot 2 only.
The Unified Sewerage Agency has established and the City has agreed to
enforce (Resolution and Order No. 91-47) Surface Water Management
Regulations requiring the construction of on-site water quality facilities or
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 12
• •
fees in-lieu of their construction. Section 7.10b of the above noted
Resolution and Order cites conditions under which the fee in-lieu may be
accepted. Specifically, it provides, that if, "The site is small compared to
the development plan, and the loss of area for the on-site facility would
preclude the effective development.", the fee may apply. It is our opinion
that this site is consistent with this criteria, and we recommend that a fee
in-lieu be required.
The City of Tigard Water Department states that it will need to review the water
system layout, standards and details when the plans are available. The developer
is urged to contact the Water Department for current design standards and details.
The City of Tigard Building Division has reviewed the proposal and states: 1) all
grading shall conform to Appendix Chapter 70 of the UBC. Maximum slope
permited is 2:1 and 2) lots 4 and 5 do not have direct access to a storm drainage
easement. Such access needs to be provided. Lot 3 should be given a lateral into
the storm line in the adjacent easement.
V. AGENCY COMMENTS
The Unified Sewerage Agency states: 1) All lots within the development must have
access to public sanitary sewer and storm sewer. The private connections
between the house and the public main are not to be installed upon any lot other
than the lot upon which the house is to be built; 2) Provisions for treatment or
storm run-off are necessary. Design to meet the requirements of R&O 91-47, as
amended by R&O 91-75, and City Code; 3) Public sanitary sewer and storm sewer
to be extended to adjacent properties in a location for logical extension to serve
upstream developments; 4) Wetlands, if existing, are to be protected by a 25 foot
corridor, as defined in the R&O specified above; 5) Detailed hydraulic and
hydrological analysis of storm conveyance should be provided prior to approval
of construction plans; 6) Detailed grading and erosion control plan should be
submitted with construction plans.
2. Tualatin Valley Fire and Rescue states that the plans on file with the Fire District
(dated 5/1/95) are approved subject to the following: 1) Fire hydrant shown on lot
eleven (11) to be moved to west lot line of lot ten (10); 2) Inspection of final street
construction.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 13
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3. GTE states that the developer is to provide trenches and "A" conduit at crossings
per GTE/PGE specifications.
4. The City of Tigard Police Department, City of Tigard Maintenance Services
Division, Washington County Department of Land Use and Transportation, and
Portland General Electic have no objections to this proposal.
VI. EVALUATION OF REQUEST
A. Compliance with Community Development Code.
Development: The proposed subdivision shall comply with the use and setback
standards of the R-7 zoning district (Code Section 18.52) through the building
permit plan check review process. The proposed lots range in size between 6,091
square feet up to 8,737 square feet which exceeds the 5,000 square foot minimum
of the R-7 zoning district. This application would also create a remnant parcel of
1.59 acres on the north side of the drainageway which may be further subdivided.
The R-7 zone requires a minimum lot width of 50 feet. As indicated on the site
plan all the proposed lots will meet this minimum width requirement.
Solar Access: As proposed 10 of the 11 lots comply with the basic solar access
requirements as specified in Code Section 18.88.040(C)(1) which requires that
80% of the lots created through the subdivision provide a minimum north-south
dimension of at least 90 feet and a front lot line orientation within 30 degrees of
true east-west. The remaining lot which does not meet the basic requirements can
be counted as the standard 20% exemption from these solar lot requirements.
Sensitive Lands - Steep Slopes: Development will not create site disturbances to
an extent greater than that required for the use. Grading related to road
construction will result in street grades which do not exceed 12 percent grades
and will comply with City standards. The development will not result in adverse
on-site or off-site hazards. The applicant states that erosion will be mitigated by
a combination of measures applied under the direction of a geotechnical engineer.
The applicant intends to minimize erosion on those lots with steep slopes through
the selective use of retaining walls, slope stabilization measures, construction
during dry weather months and revegetation of impacted areas. The applicant's
grading shall comply with the requirements of Chapter 70 of the 1991 Uniform
Building Code. Individual lot development will further be reviewed by the
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 14
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Building Official for slope stability during the building permit review process and
shall likewise comply with Chapter 70.
Sensitive Lands - Drainageways: Portions of proposed lots #1 and #2 potentially
contain drainageway. The applicant's narrative states that "the drainageway is
defined in the eastern portion of the site, and is undefined in the western portion.
In the western portion of the site a buffer has been placed over the area that
contians the most drainage". The applicant shall determine the location of the
drainageway on the western portion of the property. Analysis of the drainageway
and its relationship to the proposed lots will be reviewed by the Planning and
Engineering Department. Should disturbance of the drainageway be necessary,
the applicant shall submit evidence of compliance with drainageway criteria. The
Unified Sewerage Agency has stated that wetland, if existing, are to be protected
by a 25 foot corridor. The applicant shall submit a wetlands delineation for this
drainageway area for verification of the existence of wetlands. If wetlands are
present, the applicant shall make a note on the final plat of the 25 foot wetland
buffer for all lots effected by the wetland. The applicant shall obtain permits from
the Division of State Lands and Army Corps of Engineers, if applicable, prior to
site development.
Density: The gross area of the site, after the lot line adjustment, is approximately
3.9 acres. Subtraction of 2.1 acres that contain slopes greater than 25 percent
leaves a gross acreage of 1.8 or approximately 78,408 square feet. The net
developable area of the site, after deduction of 20% of the gross area for public
right-of-way is approximately 62,726 square feet. With a minimum of 5,000
square feet per lot, this site yields an opportunity for up to 12.5 dwelling units
under the R-7 zoning designation. The applicant is proposing 12 lots (including
tract for phase 2), and is therefore in compliance with density requirements.
The 2.1 acres, or 91,476 square feet, containing slopes greater than 25 percent is
eligible for a density transfer under section 18.92.030. This section allows a
transfer of 25 percent of the total number of units which could have been
constructed on the unbuildable area or the number of units which would have
been allowed on 25 percent of the unbuildable area. The total sensitive land area
is 2.1 acres or 91,476 square feet. The net developable area of this area, after
deduction of 20% of the gross area for public right-of-way is approximately 73,180
square feet. With a minimum of 5,000 square feet per lot, this area yields an
opportunity for up to 14.6 dwelling units under the R-7 zoning designation.
Therefore, the number of units eligible for transfer is 3.6 (14.6 x .25). The total
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 15
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allowable density for the entire 3.9 acre site, including the density transfer, is 16
lots. The applicant is proposing to develope 11 lots with this application, with a
remnant 1.59 parcel for future development. The remaining 1.59 acre parcel
therefore is limited to an additional 4 lots.
Landscaping: The preliminary plans show the provision of red maple trees to be
spaced approximately 35 feet, 2 per lot, on both sides of the street thereby
satisfying this requirement.
Clear Vision: The Planning and Building Division will review each residence and
other related permits for compliance with setback standards set forth for structures
within the clear vision area. A visual clearance area for all street intersections
shall be that triangular area 30 feet from the intersection of the right-of-way.
Placement of any future possible obstructions including street trees and
subdivision identification signs shall comply with this standard. Proposed
placement of signs and street trees shall be reviewed by the Planning Division for
compliance with the requirements of Sections 18.102 (Vision Clearance) and
18.114 (Signs).
Access, Egress, Circulation: Section 18.108 shall be reviewed for compliance at
the time of building permits for each lot.
Tree Removal: Section 18.150 requires that the number of trees over six inches
in diameter that will be removed during construction be minimized. The
proposed location and construction of streets, utilities, and the corresponding
grading required to accomodate these improvements will require the removal of
a significant number of trees on the site. The applicant has been conditioned to
provide for a street stub to the south located within lot #11. This plan change has
the potential to preserve a number of trees in the area of the proposed emergency
vehicle turn-around. The applicant shall submit revised grading plans which
incorporate the change in street design. This plan shall be reviewed for its
potential to save some of the fir trees which would be removed under the
applicant's proposed plan. Tree removal permits shall be issued in phases. Initial
tree removal shall be limited to the proposed public right-of-way areas and public
utility easement areas. The second phase shall be related to development of
individual lots.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 16
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Subdivision Design: Section 18.160.060(A) provides standards for review of
subdivision proposals. The subdivision partially complies with these standards for
the following reasons:
1. The proposed subdivision complies with the Comprehensive Plan
Map's Low Density Residential opportunity for the site as well as
the regulations of the R-7 zone. The proposed site plan does not
comply with other applicable ordinances and regulations or with
Comprehensive Plan policies as they relate to street connectivity. A
revised site plan which provides for a future street connection to
SW Bull Mountain Road within the "pole" portion of the subject flag
lot would comply with applicable Development Code and
Comprehensive Plan policies. Therefore, the applicant shall submit
a revised site plan which provides connectivity as required by City
standards as discussed within this report, thereby satisfying this
criteria;
2. The proposed name of the subdivision, "Foran Subdivision", is not
duplicative of any other plat recorded in Washington County;
3. The proposed subdivision has been laid out so as to conform to the
plats of adjoining property. Woodford Estates, located to the east
of this proposal, is the only platted subdivision adjoining this
proposal. The preliminary plan has provided for an extension of
SW 130th Avenue and has therefore complied with this criteria.
4. The applicant has provided an explanation for all common
improvements including the provision for public services such as
sewer, water, drainage and street improvements.
Street and Utility Improvements: Chapter 18.164 provides standards for street and
utility improvements.
1. Section 18.164.030(A) and (E) are satisfied as the applicant shall dedicate
right-of-way for the extension of SW 130th Avenue and as proposed street
meet the City's street standards.
2. Section 18.164.030(F) is partially satisfied. The applicant's submittal
contained a future street plan and the proposed site plan provided a street
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 17
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stub with a barracade in accordance with this criteria. However, the
proposed site plan does not meet the requirements of this section as it
relates to permitting a satisfactory future division of adjoining land.
This section states that where it is necessary to permit a satisfactory future
division of adjoining land streets shall be extended to the boundary lines
of the tract to be developed. The proposed plan precludes a street
connection to the south toward SW Bull Mountain Road. Tax lots 5700
and 5800 to the south have the potential for redevelopment. Staff has
calculated the density potential, based on the dimensions on the
preliminary plan, at approximately 23 lots. This calculation utilizes the
5,000 minimum lot size of the R-7 zone. Under the proposed plan, the
only available public street access that would be available is a street
connection from SW Bull Mountain Road. This street would would have
to be a cul-de-sac and would exceed the maximum cul-de-sac length
standards. Such a design ignores the Transportation Planning Rule, City
policies and standards relating to street connectivity, block length, affording
suitable division of adjoining property and design of an efficient
transportation system.
Further, the applicant has stated in the narrative that tax lot 1200 is
encumbered with access easements and therefore provision of a public
street to SW Bull Mountain Road is not possible. Staff disagrees with the
applicant's assertion. These easements are agreements and rights to utilize
property for access purposes. The applicant has requested a lot line
adjustment with tax lot 5700. As a result, lot 5700 will have direct
property frontage on and access to SW Bull Mountain Road. Tax lot 5800
will retain access easements to utilize the existing driveway. Further, with
a public street connection, private agreements and easements will no
longer be necessary and shall free all properties involved of encumbrances.
Assuming for a moment that these easements could preclude a street, then
tax lot 5700 would be in a similiar situation as tax lot 1200 is currently.
The reason for this is that tax lot 5800 also has an access easement across
the "pole" of tax lot 1200 and therefore this easement would preclude tax
lot 5700 from providing street access to SW Bull Mountain Road. Given
this scenario, tax lot 5700 would not have access to a public street under
the applicant's preliminary plan and the most logical and satisfactory
division of land would be for a street connection from the north.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 18
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Under either scenario, a change in the proposed site plan to provide a
street stub to SW Bull Mountain Road would permit the most satisfactory
subdivision of tax lot 5700. Such a connection would create the most
efficient street system given the size of potential developable property and
location of existing driveways.
3. Section 18.164.030(G) is partially satisfied. The applicant has provided for
a future street extension to the west. This would allow the opportunity for
westerly through circulation, as shown on the applicant's future
transportation map. However, given City standards for street connectivity
and block length reduction, the applicant's plan does not allow for through
circulation to the extent required by Code and that which could be
accommodated given the site characteristics. The parcel under
consideration has direct frontage on SW Bull Mountain Road. Staff
recognizes that while the proposed lot line adjustment would no longer
give the subject parcel direct frontage on SW Bull Mountain Road, staff
finds that modifying the preliminary plan to stub a street to the south
would satisfy the requirement to allow through circulation to the degree
the code requires. Such a connection would provide for access to and
facilitate future development of tax lot 5700, would greatly reduce the
length of the created block and would increase street connectivity. This
section does allow provisions for topographical constriants, however the
applicant has not shown how such an extension is precluded by
environmental or topographical constraints. Therefore, a revised plan shall
be submitted which provides for a street stub to the south, thereby
satisfying this requirement.
4. Section 18.164.030(K) is satisfied as the proposed street is not considered
a cul-de-sac under section 18.164.030(F) above. The applicant has
submitted an alternative street design which would provide a cul-de-sac.
This alternative plan would exceed the cul-de-sac length standard and
would not provide street connectivity and therefore would not meet the
applicable street standards.
5. Section 18.164.030(M) is satisfied as grades do not exceed 12 percent.
6. Section 18.164.040(B)(1) is not satisfied as proposed. Given the existing
street patterns surrounding the subject property, the applicant cannot meet
the specified 1,800 foot block length requirement. However, this does not
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 19
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excuse the applicant from attempting to satisfy the intent of this standard.
The intent of this standard is to increase connectivity by reducing the
length individuals have to travel by providing more frequent connections
to parrallel streets. Given the sites orientation and shape, the applicant can
satisfy the intent of this block section, if not the specified block length.
The block length created under the applicant's future street plan has been
estimated to be in excess of 3,500 lineal feet. Alternatively, providing a
street stub to the south toward SW Bull Mountain Road would provide for
a future block length of approximately 2,900 lineal feet. While this length
is in excess of the 1,800 foot block length requirement, this connection
would create the shortest block length in the area given the existing
development patterns. This would also have the potential to reduce blocks
created with future development on adjoining properties. Therefore, to
comply with the intent of this standard, a revised site plan shall be
submitted which provides for a future extension of the proposed street to
SW Bull Mountain Road and shall be located within the proposed lot #11.
The applicant shall provide a survey and study which determines that the
revised location of the street stub can be accomodated as proposed in
Exhibit A or that the street shall be offset so the street shall be within the
existing 50 foot width of the "pole".
7. Section 18.164.040(B)(2) is not satisfied as proposed. Staff again
recognizes that the creation of the block length is beyond the control of
this application. However, given the potential for future development and
the proposed future street system, the applicant should be required to
provide a pedestrian connection through the block in accordance with the
intent of this requirement. The City of Tigard recently approved the
Wilmington Heights subdivision located to the northeast of this subject site.
That subdivision provided a pedestrian path with would align with the
drainage swale contained in this subject site. In an effort to provide
pedestrian connection, the applicant should be required to provide a
pedestrian connection which would allow for a future connection to the
path within Wilmington Heights. This pathway can be contained with the
proposed drianage easement.
8. Section 18.164.060(A) is satisfied as the plan shows that the proposed lots
will not exceed the depth to width ratio.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 20
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9. Section 18.164.060(B) is satisfied as the proposed lots have at least 25 feet
of frontage on a public street.
10. Section 18.164.070 is satisfied as sidewalks shall adjoin all residential
streets.
11. Section 18.164.090 is satisfied as sanitary sewer service shall be provided.
12. Section 18.164.100 is satisfied as provisions for storm water runoff and
dedication of easements for storm drainage facilities has been provided.
B. Compliance With Comprehensive Plan Policies
Citizen Input: The subdivision is consistent with Policy 2.1.1 because a
neighborhood meeting was held by the applicant on September 29, 1994, notice
of the public hearing was provided to owners of property within 250 feet and was
published in a newspaper of general circulation.
Physical Limitations: The subdivision is consistent with Policy 3.1.1 because the
methods for maintenance of slope stability and erosion control shall be submitted
for review and approval in conjuction with the public improvement plans and
building permits. Review of plans will ensure the use of proven engineering
techniques which allow the site to be suitable for development.
Water Quality: To comply with Policy 4.2.1 as the applicant shall be required to
pay a fee in-lieu of constructing an on-site water quality facility. This is allowed
under the guidelines established by the Unified Sewerage Agency Resolution
Order NO. 9147.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the developer
is required to extend public sewer and water systems to this site prior to
development. In addition, the developer is required to provide for underground
installation of utility lines.
Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of the
development plan in compliance with Policy 7.6.1.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 21
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Street Improvements: The subdivision proposal partially complies with Policies
8.1.1 and 8.1.3. Policy 8.1.3 is satisfied as the proposed improvements to the
streets will be consistent with City of Tigard standards and will be developed to
local street widths. Policy 8.1.1 requires that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated future
growth and development. This policy is not satisfied by the proposed preliminary
plan. One of policy 8.1.1's supporting findings states that "many of the streets
in Tigard are dead-end streets which adds to the congestion on existing completed
streets. Therefore, a number of street connections need to be constructed." The
proposed plan is contrary to this finding as well as Code standards as stated
above. As also previously discussed, the current plan would force cul-de-sac
construction for future development. This type of development is not providing
an efficient street system nor meeting the current nor future needs of the
community. Therefore, to satisfy Policy 8.1.1 a revised site plan shall be
submitted which provides for a street stub to the south to allow for a future street
connection to SW Bull Mountain Road.
SECTION VII - FINDINGS AND CONCLUSIONS - LOT LINE ADIUSTMENT
The applicant is proposing to adjust two parcels of approximately 4.53 and 2.26 acres into
two parcels of approximately 3.9 and 2.89 acres.
Community Development Code Section 18.162.060 contains standards for approval of a lot
line adjustment request:
1. An additional parcel is not created by the lot line adjustment, and
the existing parcel reduced in size by the adjustment is not reduced
below the minimum lot size established by the zoning district;
2. By reducing the lot size, the lot or structure(s) on the lot will not be
in violation of the site development or zoning district regulations for
that district; and
3. The resulting parcels are in conformity with the dimensional
standards of the zoning district.
The proposed lot line adjustment is consistent with these standards.
No new parcel will be created by the adjustment. Both lots will
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 22
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continue to meet the dimensional requirements of the R-7 zone. All
site development improvements applicable to the parcels will
remain consistent with Code requirements.
In addition to meeting the above standards, a lot line adjustment must also
meet the following criteria applicable to lots created through the minor
land partition process (Code Section 18.162.050):
A. Lot Width: The minimum width of the building envelope area shall
meet the lot requirement of the applicable zoning district.
B. Lot Area: The lot area shall be as required by the applicable zoning
district. In the case of a flag lot, the accessway may not be
included in the lot area calculation.
C. Lot Frontage: Each lot created through the partition process shall
front a public right-of-way by at least 15 feet or have a legally
recorded minimum 15 foot wide access easement.
D. Setbacks: Setbacks shall be as required by the applicable zoning
district.
E. Front Yard Determination for Flag Lot: When the partitioned lot is
a flag lot, the developer may determine the location of the front
yard, provided that no side yard is less than 10 feet. Structures shall
generally be located so as to maximize separation from existing
structures.
F. Screening on Flag Lots: A screen shall be provided along the
property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance
with Sections 18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
G. Fire Protection: The fire district may require the installation of a fire
hydrant where the length of an accessway would have a detrimental
effect on fire fighting capabilities.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 23
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H. Reciprocal Easements: Where a common drive is to be provided to
serve more than one lot, a reciprocal easement which will ensure
access and maintenance rights shall be recorded with the approved
partition map.
1. Accessway: Any accessway shall comply with the standards set
forth in Chapter 18.108, Access, Egress, and Circulation.
J. Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the
dedication of sufficient open land area for greenway adjoining and
within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with
the floodplain in accordance with the adopted pedestrian/bicycle
pathway plan.
Criteria A,B,C, and D are satisfied. The proposed adjusted lot areas are
approximately 3.9 and 2.89 acres, thereby exceeding the required 5,000
square foot minimum lot area of the R-7 zone. The adjusted lot widths are
approximately 420 and 410 feet, thereby exceeding the minimum 50 foot
minimum lot width requirement of the R-7 zone. The lots have
approximately 57 and 50 feet of frontage on SW Bull Mountain Road and
SW 130th Avenue respectively, thereby exceeding the minimum 15 foot
frontage requirement. As indicated on the site plans, setbacks are satisfied
on tax lot 5700.
Criteria E, F are not applicable to tax lot 1200 as this lot is not a flag lot.
Criteria E and F are satisfied on tax lot 5700 as the driveway is an existing
driveway and setbacks are not affected by this adjustment. Fire hydrants
shall be consistent with Uniform Fire Code standards thereby satisfying
criteria G. Criteria H is not applicable to these lots because a reciprocal
easement is not required for these lots. Criteria I is satisfied as accessways
are not effected by this adjustment and will continue to comply with access
standards. Criteria J is not applicable as this application does not involve
landfill and/or development within the floodplain.
VIII. CONCLUSION AND RECOMMENDATION
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 24
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The Planning Division concludes that the Hearings Officer should find that the proposed
subdivision, will promote the general welfare of the City and will not be significantly
detrimental nor injurious to surrounding properties provided that development which
occurs after this decision complies with applicable local state and federal laws.
In recognition of the findings staff recommends APPROVAL of Subdivision SUB 95-0002
/ MIS 95-0012 / SLR 95-0006 subject to the recommendations which follow:
ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO
RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE
SPECIFIED, THE STAFF CONTACT FOR ALL RECOMMENDED CONDITIONS IS Michael
Anderson WITH THE ENGINEERING DEPARTMENT, 639-4171.
1. Full width street improvements, including traffic control devices, mailbox clusters,
concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
sewers, storm drainage, streetlights, and underground utilities shall be installed
within the subdivision. Improvements shall be designed and constructed to local
street standards. STAFF CONTACT: John Hagman, Engineering Department (639-
4171)
2. The applicant shall revise the final plat to provide for a half-street connection to
the south. The improvements shall provide for a 14 foot wide roadway, curb and
sidewalk within a 22 foot half street right-of-way. In addition, the final plat shall
provide for a 22 foot wide street reservation and 28 foot wide slope easement,
extending from proposed SW Foran Terrace to the northerly boundary of the
subdivision for a possible street extension to the north.
STAFF CONTACT: Michael Anderson, Engineering Department (6394171)
3. Three (3) 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. STAFF CONTACT: John Hagman, Engineering Department (639-
4171)
4. The applicant shall demonstrate that the adequacy of drainage facilities
downstream of the proposed development is sufficient to insure compliance with
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 25
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USA R & O 91-47, Section 6.02. STAFF CONTACT: Greg Berry, Engineering
Department (639-4171)
5. The applicant shall provide a hydrology and hydraulic study to describe the
adequacy of the proposed system. STAFF CONTACT: Greg Berry, Engineering
Department (639-4171)
6. A final grading plan shall be submitted showing the existing and proposed
contours. A soils report shall be provided detailing the soil compaction
requirements consistent with the requirements of Chapter 70 of the Uniform
Building Code. STAFF CONTACT: Michael Anderson, Engineering Dept(639-
4171).
7. The applicant shall provide a geotechnical report for the proposed grading and
slope construction. The recommendations of the report shall be incorporated into
the final grading plan. A final construction supervision report shall be filed with
the Building Department. STAFF CONTACT: Michael Anderson, Engineering
Dept(639-4171)
8. 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, February, 1994".
9. The final sewer plan shall provide for sewer connections in the proposed street for
Lots 1,2,3 and 4.
10. The applicant shall pay the fees as established under the guidelines of Unified
Sewerage Agency Resolution and Order No. 9147. NOTE: This is a two part fee
which is paid at different times. The first part is paid with any associated public
improvements which is for that portion of the development which increases the
impervious area within the public right-of-way. The second part is paid at
Building Permit issuance which is for each individual lot.
11. The applicant shall make an appointment for a pre-construction meeting with the
City of Tigard Engineering Department after approval of the public improvement
plans but before starting work on the site. The applicant, the applicant's engineer,
and contractor shall be required to attend this meeting prior to receiving the
approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering
Department (6394171)
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 26
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12. Construction of the proposed public improvements and issuance of Building
Permits shall not commence until after the Engineering Department has reviewed
and approved the public improvements plans, a street opening permit or
construction compliance agreements has been executed, execution of a developer-
engineer agreement and payment of all permit fees.
STAFF CONTACT: John Hagman, Engineering Department (639-4171)
13. Prior to the plat being recorded with Washington County the applicant shall
provide a 100 percent performance bond. As an alternative the applicant may
have the plat recorded after the public improvements have been accepted by the
City of Tigard and has posted the appropriate Maintenance Bond.
14. The applicant shall determine the location of the drainageway on the western
portion of the property. Analysis of the drainageway and its relationship to the
proposed lots will be reviewed by the Planning and Engineering Department.
Should disturbance of the drainageway be necessary, the applicant shall submit
evidence of compliance with drainageway criteria.
15. The applicant shall submit a wetlands delineation for verification of the existence
of wetlands. If wetlands are present, the applicant shall make a note on the final
plat of the 25 foot wetland buffer for all lots effected by the wetland.
16. A tree removal permit shall be obtained prior to obtaining any site permits. Tree
removal permits shall be issued in phases. Initial tree removal shall be limited to
the proposed public right-of-way areas and public utility easement areas.
17. The applicant shall provide a survey and study which determines that the revised
location of the street stub can be accomodated as proposed in Exhibit A or that
the street shall be offset so the street shall be within the existing 50 foot width of
the "pole".
18. The applicant shall provide a pedestrian connection which would allow for a
future connection to the path within Wilmington Heights. This pathway can be
contained with the proposed drianage easement.
19. A lot line adjustment survey map and legal descriptions showing the existing and
proposed lot lines shall be reviewed and approved by the Engineering
Department. Staff Contact: Michael Anderson, Engineering Department (639-
4171).
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 27
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20. Lots 4 and 5 shall provide direct access to the storm drainage easement. Lot 3
should be given a lateral into the storm line in the adjacent easement. Staff
Contact: Michael Anderson, Engineering Department (639-4171).
THE APPLICANT IS REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
20. A tree removal permit shall be submitted which specifies those trees which are to
be removed in connection with the preparation of individual lots. This tree
removal shall be applied for and approved by the Planning Division prior to
removal of such trees on-site. STAFF CONTACT: Will D'Andrea, Planning
Division.
IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS
OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST.
1. SECTION 18.160.170 Improvement Agreement
A. Before City approval is certified on the final plat, and before approved
construction plans are issued by the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the
period within which all required improvements and repairs shall be
completed; and
2. Include in the agreement provisions that if such work is not
completed within the period specified, the City may complete the
work and recover the full cost and expenses from the subdivider.
B. The agreement shall stipulate improvement fees and deposits as may be
required to be paid and may also provide for the construction of the
improvements in stages and for the extension of time under specific
conditions therein stated in the contract.
2. SECTION 18.160.180 Bond
A. As required by Section 18.160.170, the subdivider shall file with the
agreement an assurance of performance supported by one of the following:
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 28
• •
1. An irrevocable letter of credit executed by a financial institution
authorized to transact business in the State of Oregon;
2. A surety bond executed by a surety company authorized to transact
business in the State of Oregon which remains in force until the
surety company is notified by the City in writing that it may be
terminated; or
3. Cash.
B. The subdivider shall furnish to the City Engineer an itemized improvement
estimate, certified by a registered civil engineer, to assist the City Engineer
in calculating the amount of the performance assurance.
C. The subdivider shall not cause termination of nor allow expiration of said
guarantee without having first secured written authorization from the City.
3. SECTION 18.160.190 Filing and Recording
A Within 60 days of the City review and approval, the applicant shall submit
the final plat to the County for signatures of County officials as required by
ORS Chapter 92.
B. Upon final recording with the County, the applicant shall submit to the
City a mylar copy of the recorded final plat.
4. SECTION 18.162.080 Final Plat Application Submission Requirements
A. Three copies of the partition plat prepared by a land surveyor licensed to
practice in Oregon, and necessary data or narrative.
B. The partition plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
C. Street centerline monumentation shall be provided as follows:
a) Centerline Monumentation
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 29
0 0
1) In accordance with Oregon Revised Statutes 92.060,
subsection (2), the centerline of all street and roadway rights-
of-way shall be monumented before the City accepts a street
improvement.
2) The following centerline monuments shall be set:
A) All centerline-centerline intersection points.
B) All cul-de-sac center points.
C) Curve points, beginning and ending points (PC's and
PT's).
b) Monument Boxes Required
1) Monument boxes conforming to City standards will be
required around all centerline intersection points, cul-de-sac
center points, and curve points.
2) The tops of all monument boxes shall be set to finished
pavement grade.
STAFF CONTACT: John Hagman, Engineering Dept(639-4171).
5. SECTION 18.164
A. 18.164.120 Utilities
1. All utility lines including, but not limited to those required for
electric, communication, lighting and cable television services and
related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility
service facilities during construction, high capacity electric lines
operating at 50,000 volts or above.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 30
0 0
B. 18.164.130 Cash or Bond Required
1. All improvements installed by the subdivider shall be guaranteed as
to workmanship and material for a period of one year following
acceptance by the City.
2. Such guarantee shall be secured by cash deposit or bond in the
amount of the value of the improvements as set by the City
Engineer.
3. The Cash or bond shall comply with the terms and conditions of
Section 18.160.180.
C. 18.164.150 Installation: Prerequisite/Permit Fee
1. No land division improvements, including sanitary sewers, storm
sewers, streets, sidewalks, curbs, lighting or other requirements shall
be undertaken except after the plans therefor have been approved
by the City, permit fee paid and permit issued.
D. 18.164.180 Notice to City Required
1. Work shall not begin until the City has been notified in advance.
2. If work is discontinued for any reason, it shall not be resumed until
the City is notified.
E. 18.164.200 Engineer's Certification Required
1. The land divider's engineer shall provide written certification of a
form provided by the City that all improvements, workmanship and
materials are in accord with current and standard engineering and
construction practices, and are of high grade, prior the City
acceptance of the subdivision's improvements or any portion thereof
for operation and maintenance.
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 31
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED
WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION
PREPARED BY: Will D'Andrea, ATE
Assistant Planner
6 e9 ?
/APPROVED BY: James endryx, DATE
Community Development Director
HEARINGS OFFICER - SUB 95-0002 - FORAN / PICULELL GROUP PAGE 32
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FEET SENSITM LANDS REVIEW (SLR) 95-0
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SUBDIVISION APPLICATION
TO CITY OF TIGARD
FOR FORAN PROPERTY
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DATE: May 3, 1995
OWNER: Frank and Patricia Foran
13145 S.W. Bull Mountain Road
Tigard, OR 97224
APPLICANT: The Piculell Group, Inc.
3236 S.W. Kelly Street
Portland, OR 97201
(503) 243-3827
Contact: Chuck Chimento
PLANNER: Western Planning Associates, Inc.
4621 S.W. Kelly Ave.
Portland, OR 97201
(503) 294-0222
Contact: Gary Van Dyke, P.E.
SUBJECT PROPERTY: Tax Lots 1200 and 5700, Map 2S 1 9AB, City of Tigard,
Washington County
SITE AREA: 6.79 acres +
PROPOSAL REQUEST: Subdivision Preliminary Plat Approval for 11 single family lots on a
public road and one future lot in an R-7 zone.
SUBDIVISION APPLICATION
TO CITY OF TIGARD
FOR FORAM PROPERTY
TABLE OF CONTENTS
APPLICATION
NEIGHBORHOOD CONTACT INFORMATION
PROJECT NARRATIVE
PLANS:
SHEET 1: PRELIMINARY PLAT
SHEET 2: GRADING PLAN
?j SHEET 3: EXISTING CONDITIONS PLAN
SHEET 4: UTILITY PLAN
f 14 (CPU C ?4-TlV r?
CITY OF TIGARD, OREGON
SUBDIVISION APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639-4171
r
FOR STAFF USE ONLY
CASE NO.
OTHER CASE NO's:
RECEIPT NO.
APPLICATION ACCEPTED BY:
DATE:
1. GENERAL INFORMATION
PROPERTY ADDRESS /LOCATION Parcel "north of S,.W. Bull
Mountain Rd., west of S.W. 130th Avenue
TAX MAP AND TAR LOT NO. Lots 1200 and 5700, Map
2S1 9AB, City of Tigard, Washington County
SITE SIZE 6.79 acres
PROPERTY OWNER/DEED HOLDER* Frank and Patricia Foran
ADDRESS 13125 S.W. Bull Mtn Rd
r CITY
Tigard, OR
PHONE 639-8980
ZIP 97223
APPLICANT* The Piculell Group, Inc.
ADDRESS 3236 S. W. Ke11 y Street PHONE 243-3827
CITY Portland, OR ZIP 97201
*When the owner and the applicant are different
people, the applicant must be the purchaser of record
or a leasee in possession with written authorization
Erom the owner or an agent of the owner with written
authorization. The owner(s) must sign this
application in the space provided on page two or
submit a written authorization with this application.
i12. PROPOSAL SUMMARY
The owners of record of the subject property
request permission to divide a 6.7y acre
(Total Area)
parcel into 12 lots between
(number of lots)
6.091 and 8.737 square feet in size.
I
)520P/13P
tev'd: 3/88
Application elements submitted:
(A) Application form (1) Z---"
(B) Owner's signature/written
authorization
(C) Title transfer instrument (1)?
(E) Preliminary Plat (pre-app
checklist) 1?
(F) Applicant's statement
(pre-app checklist)
(G) List of property owners and
addresses within 250 feet (1)
(H) Filing fee ($415 plus $5 .1?
per lot)
DATE DETERMINED TO BE COMPLETE:
FINAL DECISION DEADLINE:
COMP. PLAN/ZONE DESIGNATION:
N.P.O. Number:
Preliminary Plat Approval Date:
Final Approval Date:
Planning'
Engineering
Recording Date and Number:
3. List any variance, Planned Development, Sensitive Lands, or other land use
actions to be considered as part of this application: SENSITIVE LANDS
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S) SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are true; and the
applicants so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false.
D. The applicant has read the entire contents of the application, including
the policies and criteria, and understands the requirements for approving
or denying the application.
DATED this 2nd day of May 19 95
SIGNATURES of each owner (eg. husband and wife) of the subject property.
I (KSL:pm/0520P)
FORAN SUBDIVISION APPLICATION
NEIGHBORHOOD CONTACT
Name of applicant Frank Foran
Subject Property: Tax Map and Lot # 2S 19AB #1200
i Address or General Location at the end of SW 130th-Ave. in Woodford subdivision
AFFIDAVIT OF POSTING NOTICE
I
Charles Chimento , do affirm that I (represent) the party Initiating Interest in a proposed
11 lot subdivision affecting the land located at the end of SW 130th AVe.
and did on the 6 th day of April . 199.?_ personally post notice indicating that
the site may be proposed fora -land use application, and the time, date and place of a
neighborhood meeting to discuss the proposal.
The sign was posted at the end of SW 130th Ave. in Woodford subdivision
(state location on property)
This 2nd day of May
' Signature
Subscribed and swom to. affirmed, before me this day of 19L
OFFICIAL SEAL
BECKY HUBBARD_ Notary Public f r e State of Oregon
' NOTARY PUBLIC - OREGON My Commission Expires:
COMMISSION NO.021643
MY COMMISSION EXPIRES APR. 04,1997
1
WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO:
City of Tigard
Planning Division
13125 SW Hall Blvd.
Tigard, OR 97223
Iogin\Jo\postnot.dt
STATE OF OREGON
CITY OF TIGARD
AFFIDAVIT OF MAILING
)
SS
Charles W. Chimento , being duly sworn, depose and say that on April 6, 1995
. 19-----j 1 caused to have mailed to each of the persons on the attached list a notice of
a meeting to discuss a proposed development at the end of S. W. 130th Ave.
. a copy of which notice so mailed is attached hereto and made a part of hereof.
i further state that said notices were enclosed in envelopes plainly addressed to said persons and
were deposited on the date indicated above in the United States Post Office at
I . with postage prepaid thereon.
5117 SW Macadam
(.CJ
Signature
Subscribed and sworn to before me this f3 day of C 18??
' OFFICIAL SEAL i
" BECKY HusBARD
NOTARY PUBLIC - OREGON Notary Public ' f
COMMISSION N0.021W My Commission Expires: 4 -
MY COMMISSION EXPIRES APR. 04,1597
h:\Iogin\jo\affmaII.cit
FirstName LastName Addressl City State PostalCode
Lawrence & Jo Ann Altendorf 14472 SW 130th Ave Tigard Or. 97224
Terrence & Dee Ann Boyd 14390 SW 130th Ave Tigard Or. 97224
Cascade Communities Inc 700 N Hayden Island Dr. Portland Or. 97217
Frank & Patricia Foran 13145 SW Bull Mountain Rd. Tigard Or. 97224
Kurt & Nancy Hemry 14332 SW 130th Ave Tigard Or. 97224
Robert & Nancy Konick 14412 SW 130th Ave Tigard Or. 97224
'
James & Lois McWhirter 14434 SW 130th Ave. Tigard Or. 97224
Ken Olden 14450 SW 130th Ave Tigard Or 97224
James & Madeline Shultz 13268 SW Bull Mountain Rd Tigard Or. 97224
' Melvin & Judith Waymire 14467 SW 130th Ave Tigard Or. 97224
Peter & Nancy Barnett 14356 SW 130th Ave Tigard Or. 97224
Mark & Laura Brennan 14378 SW 130th Ave Tigard Or. 97224
R Michael & Pamela Rae Done 7931 SW 40th Ave #C Portland Or. 97219
'
Thomas & Jill Jurhs 12975 SW Bull Mountain Rd Tigard Or. 97224
Jay & Margaret Larson 14800 SW 133rd Ave Tigard Or. 97224
Edward & Saundra Metzler 13267 SW Bull Mountain Rd Tigard Or. 97224
C Elizabeth Price Lee Goddard 13125 SW Bull Mountain Rd Tigard Or. 97224
Squier
Scott & Laurie White 14423 SW 130th Ave Tigard Or. 97224
Jeffery Berry 13175 SW Bull Mountain Rd Tigard Or. 97224
Paul & Deana Campbell 14445 SW 130th Ave Tigard Or. 97224
Anthony & Gayle Fidanzo 13210 SW Bull Mountain Rd Tigard Or. 97224
Rick & Cheryl Gimlin 13250 SW Bull Mountain Rd Tigard Or. 97224
John & Sheryl Klearman 14318 SW 130th Ave Tigard Or. 97224
Family Trust Mansfield 13265 SW Bull Mountain Rd. Tigard Or. 97224
Edwin Murphy 13255 SW Bull Mountain Rd. Tigard Or. 97224
' Alberta Rider 13040 SW Bull Mountain Rd Tigard Or. 97224
City of Tigard PO Box 23397 Tigard Or. 97281
Abdullah Alkaki 11905 SW 125th Ct Tigard Or. 97223
Bev Froude 12200 SW Bull Mountain Rd Tigard Or. 97224
Bill Gross 11035 SW135th Tigard Or 97223
Christy Hen 11386 SW Ironwood Loop Tigard Or. 97223
Ed Howden 11829 SW Morning Hill Tigard Or. 97223
Kathie Kallio 12940 SW Glacier Lily Tigard Or. 97223
Linda Masters 15120 SW 141st Tigard Or. 97224
Bonne and Jim Roach 14447 SW Tewkesbury Tigard Or. 97224
Scott Russell 31291 Raymond Creek Rd Scappoose Or 97056
Barara Sattler 11245 SW Morgen Ct. Tigard Or. 97223
Kathy Smith 11645 SW Cloud Ct. Tigard Or. 97224
June Sulffridge 15949 SW 146th Ave Tigard Or. 97224
Larry Westerman 13665 SW Fern St. Tigard Or. 97223
Cal Woolery 12356 SW 132nd Ct. Tigard Or. 97223
ov Z-&wk-G. Zeller 13290 SW Shore Dr. Tigard Or. 97223
Gloria Stebbins 13273 SW Bull Mountain Rd. Tigard Or. 97224
James & Karla Westerman 14503 SW 130th Ave Tigard Or. 97224
Daniel & Lisa Cincotta 14583 SW 130th Ave Tigard Or. 97224
' Mark & Linda Cooley 13135 SW Bull Mountain Rd. Tigard Or. 97224
NEIGHBORHOOD MEETING
REVIEW OF PROPOSED SUBDIVISION: "FORAN PLACE"
20-Apr-95
' ATTENDEES: NAME
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MINUTES FROM A NEIGHBORHOOD MEETING HELD ON APRIL 20, 1995 AT
THE TOWN HALL ROOM AT CITY HALL TO REVIEW THE PROPOSED
SUBDIVISION "FORAN PLACE".
An informational meeting was held at the Tigard City Hall in the Town Hall room on April
20, 1995. The purpose of the meeting was to present to the neighbors a plan for a
residential use of the property owned by Frank Foran which is located at the end of 130th
Avenue in the Woodford Estates Subdivision.
Chuck Chimento, one of the developers, made the presentation. Art Piculell, also one of
the developers, was also present to answer questions. The essence of the presentation was
that this development would be an extension of Woodford in design, lot size and aesthetic
value. The plan showed a 11 lot subdivision with the street extending to the western edge
of the property so that it could be extended at a future date and connect with Alpine View
' in Three Mountain Subdivision.
Several of the neighbors had questions and comments regarding different aspects of the
subdivision. Mr. and Mrs. Metzger voiced their concern that they would be looking
down on a lot of additional homes built on this property and the extension of the road to
the western property boundary would require large fir trees to be taken out. Chuck
Chimento replied that the lot sizes ranged from 6091 S.F. to 8737 S.F. and was in
compliance with the current zoning and any trees that were in the right of way would be
removed. The road was being extended to the western property boundary in compliance
with the City of Tigard's development ordinances.
Tom Jurhs expressed concern that the proposed pedestrian pathway which would run
north from the street along the eastern property boundary down the hill to the creek would
contribute to the delinquency of minors. He stated that this path would provide a
convenient access to his property along the creek, where kids would go to drink beer and
smoke cigarettes. He stated he was also worried about an increased incidence of trespass
on his property as an easy access would be created by the dedication of the pedestrian
pathway. This would also result in the creation of a fire hazard to his property when kids
congregate to smoke and drink out of view of adults. And as such he is opposed to the
construciton of a pedestrian path. Chuck Chimento replied that the path was proposed to
' comply with city development ordinances.
A number of other residents of Woodhurst including Mike Done, Kurt Hemry, Pete
Barnett and others were concerned about construction traffic running through the
neighborhood. They stated all of the neighborhood kids use the street for a play area and
' aren't cognizant of the need to be concerned about traffic. Should 130th Ave. be
extended and connected to Alpine View and the extension of the Morningstar
Development below at a future date, the traffic volumes would increase and negatively
' impact their neighborhood. They also wanted to know if the CC&R's would be similar to
those for Woodford. Chuck Chimento stated that it was their intention to use something
similar to those used for Woodford.
As we were discussing the Metzgers desire to retain the large fir trees at the western
property boundary to screen their view of the new development and the concerns of the
Woodford residents to limit post development traffic on 130th Ave in the Woodford
subdivision, common discussion turned toward the use of a a culdesac. The Metzger's as
' well as Mike Done, Kurt Hemry, Peter Barnett and other residents of Woodford requsted
this design since it would allow 1) for the preservation of vegetation (save the large fir
trees), 2) control traffic flows through their subdvision and further 3) the homeowners felt
' the extension of 130th Ave. was not a probability because of the unengineered fill (up to
20 feet deep) on the nearby property.
Several of those in attendance mentioned that some individuals who were within 250 ft. of
the site did not receive notice of the Neighborhood Meeting. As a consequence, we agreed
to hold another neighborhood meeting to give them a chance to attend. One will be
scheduled immediately.
I A list of those in attendance is attached.
FORAN SUBDIVISION APPLICATION
PROJECT NARRATIVE
SUBDIVISION APPLICATION
TO CITY OF TIGARD
FOR FORAN PROPERTY
PROJECT NARRATIVE
DATE: May 3, 1995
OWNER: Frank and Patricia Foran
13145 S.W. Bull Mountain Road
Tigard, OR 97224
APPLICANT: The Piculell Group, Inc.
3236 S.W. Kelly Street
Portland, OR 97201
(503) 243-3827
Contact: Chuck Chimento
PLANNER: Western Planning Associates, Inc.
4621 S.W. Kelly Ave.
Portland, OR 97201
(503) 294-0222
Contact: Gary Van Dyke, P.E.
SUBJECT PROPERTY: Tax Lots 1200 and 5700, Map 2S1 9AB, City of Tigard,
Washington County
SITE AREA: 6.79 acres +
PROPOSAL REQUEST: Subdivision Preliminary Plat Approval for 11 single family lots on a
public road and one future lot in an R-7 zone.