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Resolution No. 84-74 a CITY TIGARD CITY COUNCIL RESOLUTION NO. 84 - A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR SITE DEVELOPMENT REVIEW APPROVAL REQUESTED BY PUGET CORPORTATION, FILE NUMBER SDR 8-84, APPROVING THE APPLICATION, ENTERING FINDING' AND CONCLUSIONS. The Tigard City Council heard the above application on September 24, 1984. John Osborn and Geoff Levear represented the applicant. Wo one appeared in opposition. The Council finds the following FACTS in this matter: 1. The applicant, Puget Corporation, requested approval to expand an existing industrial plan on property zoned I-P (Industrial Park) and located at 7440 S.W. Bonita Road (Wash. Co. Tax Map 2S1 12A, Tax Lot 800). Information relating to the request is found in Planning File No. SOR 8-84A. 2. The proposal was approved by the Planning Director on June 29, 1984 subject to conditions. The applicant appealed the decision on the basis that public improvements required in Conditions 1 and 4 of the decision were unnecessary at the present time. 3. The Planning Commission reviewed the appeal at its August 7, 1984 hearing. The Commission modified the conditions of the Planning Director's decision and approved the application subject to the following conditions: a. A City of Tigard approved non-remonstrance agreement shall be recorded with Washington Country and a copy returned to the City Planning Department before issuance of Building Permits or a change of property ownership. b. A street right-of-way dedication of 30 feet from the Bonita Road centerline and a 25-foot right-of-way dedication 'From the 74th Avenue centerline shall be provided. The desc,iption for said dedication shall be tied to the centerline as established by County Survey #20,593 and #20,387. The legal descriptions shall be approved by the Engineering Division and recorded with Washington County prior to issuance of building permits. c. Prior to issuance of building permits, a revised landscaping site Plan shall be submitted for Planning Director's approval showing a minimum of three additional willow trees on the west side of the building located in such a manner as to prevent future problems with the USA sewer line. d. This approval shall be valid for the period of one year from the final approval date. I RESOLUTION NO. 94 - - PAGE 1 4. The applicant's justification for the appeal was presented in the Council's information packet and the minutes of the September 24, 1984 heating. 5. The relevant approval criteria in this case is contained in Section 18.164.030 A of the Community Development Code. Based upon the record in this case, the Council. makes the following FINDINGS: 1. Section 18.164.030 of the Community Development Code contains the relevant criteria dealing with the issue of half-street improvements along the Bonita Road and 74th Avenue frontage. The Code requires the installation of street improvements is required unless the City Engineer finds that the street improvement would not be "timely" or lack of support by other property owners would prevent the eventual improvement of the street. It is recognized that full street improvements do not exist in the immediate area but the installation of half-street improvements as a condition of approval is appropriate in this case. The immediate area is generally underdeveloped and it is anticipated that other development requests will occur and the desired street improvements shall be installed. The Council adopts the following CONCLUSION OF LAW: 1. Based upon Finaing 1 above, the Council has determined that the Planning Director's original requirement for half-street improvements along Bonita Road and 74th Avenue as a condition of approval is appropriate. HOLD, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Based upon the above findings and conclusions, the Planning Commission decision is revised and the Council therefore ORDERS that SDR 8-84A be, and hereby is APPROVED subject to the following conditions: 1. Standard half-street improvements including sidewalks, curbs, street lights, and driveway aprons shall be provided along the 74th Avenue and Bonita Road frontage. 2. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvement shall be submitted to the City's Engineering Division for review. 3. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign ins tallationistreetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. RESOLUTION NO. 84 - Z�( - PAGE 2 4. A street right—of—way dedication of 30 feet from the Bonita Road centerline and a 25—foot right—o'--way dedication from th 74th Avenue centerline shall be provided. The description for said dedication shall be tied to the centerline as established by County Survey 020,593 and #20,387. The legal descriptions shall be approved by the Engineering Division and recorded with Washington County prior to issuance 3f building permits. 5. Prior to issuance of building permits, a revised landscaping site plan shall be submitted for Planning Director's approval showing a minimum of three additional willow trees on the west side of the building located in such a manner as to prevent future problems with the USA sewer line. 6. This approval shall be valid for the period of one year from the final approval date. It is further ordered that applicant be notified of the entry of this order. PASSED: This o2oZ day of � 1i�/L 1984. gor — City of Tigard ATTEST: ��..LCLCt � ���li✓V Deputy City Recorder — City of Tigard (KSL-be/0682P) RESOLUTION NO, 84 PAGE 3 t -- im