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Resolution No. 85-59 CITY OF TIGARD. OREGON RESOLUTION NO. 85- ---of A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR SUBDIVISION APPROVAL REQUESTED BY BARRON CONSTRUCTION/CHATTER LY, FILE NUMBER S 6-85, APPROVING THE APPLICATION, ENTERING FINDINGS, AND CONCLUSIONS. The Tigard City Council heard the above application July 29, 1985. Les Balsiger represented the applicant. No one appeared in opposition. The Council finds the following FACTS in this matter: 1. The applicant, Barron Construction requested approval to divide 1.7 acre parcel into 10 lots. on property zoned R-7 (Residential, 7 units/acre) and locatod at the southwest corner of Bonita Road and 79th Avenue (Wash. Co. Tax Map 2S1 12BD, Tax Lot 2400). Information relating to the request is found in Planning File NO, S 6-85, 2. The proposal was approved by the Planning -omrsi.ssi . on June 4, 1985 subject to conditions. The applicant appealed the decision on the basis that public improvements required in Cor;dition 2 of the decision was unnecessary at the present time. 3. The applicant's justification for tNle appeal was presented in the Council's information packet. 4. The relevant approval criteria in this case is contained in Section 18.164.030 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 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. 2. 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 Findings 1 and 2 above, the Council has determined that the Planning Commission's original requirement for half-street improvements along Bonita Poad as a condition of .=pproval is appropriate. RESOLUTION NO. 85-_'5' Page 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Based upon the above findings and conclusions, the Planning Commission decision is upheld and the Council therefore ORDERS that S6-85 be, and hereby is APPROVED subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR 1-0 RECORDING THE FINAL PLAT, 2, Standard half-street improvements including sidewalks, curbs, streetlights, storm drainage and utilities shall be installed along the SW Bonita Road frontage. Said improvements along SW Bonita Road shall be built to major collector street standards and shall conform to the centerline alignment as established for the City in County Survey 20,387. 3. Standard half-street improvements including sidewalks, Curbs, streetlights, storm drainage and utilities shall be installed along the SW 79th Avenue frontage. Said improvements along SW 79th Avenue shall be built to minor collector street standards. 4. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered Professional Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 5, Sanitary sewer plan-profile details shall be provided as part of the ( public improvement plans. The sewer shall be extended to the south boundary to provide for future development along SW 79th Avenue. 6. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans, The Section will require posting of a 100% Performance Bond, the payment of a permit fee and sign installation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEF_ THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES BONDING AND AGREEMENTS. 7. Additional right--of-way shall be dedicated to the City along the SW Bonita Road frontage to increase the right-of--way to 30 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by County Survey 20,387. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION INSTRUCTIONS ARE ENCLOSED. 8. Additional right-of-way shall be dedicated to the City along the SW 79th Avenue frontage to increase the right-of--way to 30 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by County Road No. 933. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION INSTRUCTIONS ARE EN•::LOSED. RESOLUTION NO. 85- 5f Page 2 9. The street design for the Bonita Road/79th Avenue/Fanno Creek Drive shall be approved by the City Engineer. t 10. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-oP-ways shall be monumented before the City shall accept a street improvement. b, All centerline monuments shall be placed on the surface of the final A.C. lift. C. The following centerline monuments shall be set: (1) All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other `.reet has been established by or for the City; (2) Center of all cul-de-sacs; (3) Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C.); (4) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 11. The "basis of bearings" for the Plat or Survey shall be County Survey No. 20,387, which is a part of the Tigard Field Survey Network. A reproducible copy of the boundary survey shall also be submitted. 12. After revi.w and approval by the Planning Director and City Engineer, the F=inal Plat shall be recorded with Washington County. 13. This approval is valid if exercised within one year of the final decision date. PASSED: This ��[7day of - ) Q � 1985. City of Tigard ATTEST: r Deputy City Recorder - City of Tigard (KSL:bs/1693P) RESOLUTION NO. 85-_5' Page 3