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Resolution No. 86-75 5 CITY OF TIGARD, OREGON RESOLUTION NO. 86—._:7 IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW, OF A PLANNING COMMISSION DENIAL OF A REQUEST FOR APPROVAL_ OF A SUBDIVISION (S7-86), PLANNED DEVELOPMENT (P02-86), AND SEIVSITIVE LANDS PERMITS (SL_4-86), ADOPTING FINDINGS AND CONCLUSIONS OF LAW. WHEREAS, this matter- came before the City Council at its meeting of June 16, 1986 and was continued to June 23, 1986 upon an appeal by the applicant for review of the Planning Commission's denial of the application request; and WHEREAS, the City Council had before it the Commission's denial, documentation provided by the applicant as part of the application, staff report to the Commission, supplemental staff report, Commission's final order, transcript and minutes of the April 8, 1986 Commission hearing, letters from residents submitted during the hearing process, applicant's appeal letter, and applicant's request for a correction to the Commission minutes; and WHEREAS, the applicable criteria in this decision are the following: Policies 2.1.1, 3.1.1, 3.2.3, 3.5.3, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 of the Tigard Comprehensive Plan and Chapters 18.50, 18.80, 18.84, 18.92, 18.160, 18.162, a-id 18.164 of the Tigae•d Community Development Code. E� WHEREAS, based on the record in this case, the City Council makes the following findings of fact: NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The subject site is located on both sides of SW 108th Avenue and north of the Tualatin River (WCTM 2S1 15A, T.L. 400 and WCTM, 2S1 15AD, T.L. 100, 200, 300, and 400). Section 2': The property is presently zoned R-5 in Washington County and R-2 (Residential, 2 units/acre) in the City of Tigard. The Washington County segment is presently in the process of being annexed to the City of Tigard with a R-4.5 (PD) (Residential, 4.5 units/acre, planned development) zone applying to the property. Section 3: The applicant requested approval of a subdivision and planned development consisting of 82 detached single- family residences on lots ranging from 4,800 to 28,000 square feet in size along with supplemental requests to allow minor lot line adjustments of up to 3 feet to be permitted with staff approval and permission to construct a sewer line and street improvements within a d rainageway. The City Council also makes the following conclusions of law based upon i the following findings: I RESOLUTION NO. 86—,:7 Page 1 a• Policy is satisfied because the Neighborhood Planning of the hearing and an o Organisation and surrounding property owners were given notice proposal. pportunity ,�O comment on the applicant's b• Policy 3.1.1 will be satisfied provided that any portions of I ots 4 through 13 which exceed 25% slope are riot graded or filled without a Sensitive Lands Permit. Such a permit has been requested to allow construction in the drainageway northwest corner, of the property and constructionin the r sewer line and a potion of a sanitary Cul-de—sac de_sac of a in the ravine. A review of the preliminary plans indicates that the work proposed can be accomplished in a manner consistent with this policy except for the cul--de—sac. The proposed cul—de—sac is within the 108th Avenue/113th Avenue ravine which is delineated by the 140 foot elevation and is identified as a and wildlife habitat. significant wetland Though the proposed cul—de—sac successfully constructed within the area, it can be unnecessary. The culs to be —de_sac should be shortened sop that it is above the existing 140 foot contour or designed so only a small portion lies below this elevation. A applicant and Cit En a field visit with the City g neer would be the most appropriate way to determine the street location. C. Policies 3.2.? and 3.5,3 call for dedication of flood plain areas to be incorporated into the Ci.ty's open sp-- system. The proposed dedication is consistent with this Policv. A related iI item which must be resolved is the proposed pedestrian access to the greenway. The access easements shown travel straight down slopes that range between 25 and 35%. These easements must be replaced by a Pedestrian path which Public access to the rivor. i, a feasible means of d. Policies 7.1.2, 7,3.1, and 7.4.4 can be satisfied because adequate water, sewer, and storm drainage facilities will be required to serve the development prior to approval Of the final plat. The aprlicant indicates Lnac these standards. facilities will be provided within the subdivision as required by the City Also, the storm sewer system will be modified so that the Proposed development will riot have an adverse impact upon the drainageway and—c�.round water areas on the west side e of 108th e. Policy 8.1.7 Calls for the provision of a safe street system which accommodates and efficient t needs. The alignment of Riverwood Lane shouldbe continued ethrough this development as a minor collector unless the Comprehensive Plan is modified in this regard, 108th Avenue will function as a collector and should also be improved as a minor collector. The City will .--quire full andinterim improvements to 108th ' in conjunction with the developmenas resoluticn of the intersection. t as well Avenue Present site distance limitations at the Durham/108th RESOLUTION NO. Page 2 f. Policy 8,1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The full street improvements on 108th Avenue where the street abuts the development will be required in conjunction with Phase I of the project. Interim improvements to the remainder of 108th Avenue will occur prior to October 1, 1987. These improvements will adequately accommodate the anticipated traffic generated by the project. 9. Chapter 18.50 of the Code is satisfied because the proposal does meet the density requirements of the R-4.5 zone. h. Chapter 18.92 is satisfied because the proposed density is consistent with Code requirements. On page 3 of the applicant's narrative, the density calculations are presented. The calculations are correct except that they do not account for a 57,280 square foot area of the subject property which is presently within the City and zoned R-2. By adjusting for this factor, the allowable number of units is 82 as indicated in the supplemental staff report. Although many of the lots are less than the 7,500 square foot minimum in the R--4.5 zone, the Planned Development chapter of the Code (Chapter 18.80) allows for small lots provided that the average density does not exceed what is prescribed by the underlying zone. i. Chapter 18.80 is satisfied because the proposal is consistent with the purpose and requirements of this chapter pertaining to planned developments. Planned developments are intended to be used in undeveloped area such as this. As noted above, the Code does not require the enforcement of lot size and dimension standards within a planned development. j. Chapter 18.84 covers Sensitive Lands issues within flood plains, drainageways, and the 108th/113th Avenue ravine. The application can meet the applicable criteria. The 100 year flood plain of the Tualatin River will be dedicated and a pedestrian path will be constructed along the river. The length of Dover Court will be reduced to minimize any encroachment on the 108th/113th Avenue ravine. Also, the amendment to the storm sewer system recommended by the City Engineer will reduce any storm water runoff impact upon do-wnstream properties. Though not directly affected by the subdivision proposal, lots 4 through 13 may requii-e e, Sensitive Lands Permit in order to develop on slopes that exceed 25%. Based upon the contours shown on the preliminary plat, it appears that at a minimum Sensitive Lands approval will be required prior' to the development of Lot:; 9 through 12. k, Chapter 18.160 of the Code is satisfied because the proposal does meet the requirements set forth for the submission and approval of a preliminary plat. RESOLUTION NO. 86—_~ Page 3 l Chapter 18,162 2 The coverg the City's requirem ad s Zine after the N--Posed ability to regarding lot Plat is recorded can meet just side procedure for adiustin lot lines described below: 9 property line sCity requ.iraMerits but the Should follow the process of The Community Development Code provides a two- firstoevaluated dandtmonts. A preliminar ste p review -op Iica". a decision is made. y application is containin 2s "Pproved, a final If the Preliminary descriptions he roinal lot line �PP'icatyon is submitted 1lowin adjustment map and legal descriptions are recorded City approval, W ith washingthe map and legal Conflicts ton County. adjustmenta'nad result n _,,c eway rlocatior;co thThlacatlan of utility services ices each P eSal descri a hail final lot adjustment that occursPtunder's be requir•edlfor incIudenain ry approval. The maw Provision.. of the existinginformation regardingand descriptions should utilities and dr' y the Precise location of adjustmentshould be prouldedyswhiAh certificationfrom an that will not provided indicates that the the facilities will y affect existing Of those utilit be relocated .tu ng utilities or with change in �o'npany(s) involved. An the satisfaction developer. tiixty location z =acts associated wil_ be borne by the The PD overlay y Cone does not have narrow for but the 501 foot a minimum lot single famil w'de dots width side yard re y detached res'w are relatively 5-foo- requirement shall r ences. The t driveway setback re e . in effect 4-foot Section 15.04, quirement as we11 as the requirements 680 h arlances contained in T.m. ( ) 1 shall be or waivers of M. Cha v1ewed with disfa,,cr. these Ater or the of the plat will be satisfied r Process for the final duri 9 the approval The City Council, approved subject therefore, orders the ] to the f-11 referenced above referenced conditions: application be 1 UNLESS OTHERWIS RECORDIN IP79Lr6p TED. ALL COPD -10'JS SH LL G THE �_ 13E MET PRIOR TO 2. Standard � curbs, streetlight full and half_ eetli st y eap mprovements including sidewalks, shall be ghed drivewa installed along the storm dr improvements along SL' SW ainage and utilities City minor lv8th Rvenue shal8th Avenue fronto e, c collector street stand be built g aid existing centerline. Ards and to not conform to less than alignment of the RESOLUTION NO. Page 4 - �_ s 3. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 4. Sanitary and storm sewer, plan-profile details shall be provided as part of the public improvement plans. 5. 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 installation/streetlight fee. 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. 6. Prior to approval of the public improvement plans, the applicant shall submit data sufficient for the City Engineer to determine that the subdivision complies with the requirements of the Comprehensive Plan Transportation Map. Unless the Transportation Map is modified by the City Council, the data submitted must include evidence that S.W. Kent Drive can be connected to Riverwood La,,-. with an alignment that meets the City standards for minor collector streets. Unless the Transportation Map is modified by the City Council, S.W. Kent Drive shall be designed and platted to minor collector street standards. 7. A one (1') foot reserve strip granted to the City of Tigard shall be provided at the terminus of S.W. Kent Drive and, also at the terminus of S.W. River Lane. Special permission need be granted to T.L. #700 and NBC(' by the City to allow crossing of the reserve strip. B. Additional right-of-way shall be dedicated to the Public along the S.W. 108th Avenue frontaga to increase the right-of-way to 30 feet from centerline. The description for said dedication shall be. tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on City forms, and approved by the Engineering Section, or shall be detailed on the plat. 9. S.W. 108th Avenue shall remain open to traffic at all times during construction. 10. Street Centerline Monumentation - A. In accordance with ORS 92.060 subsection (2), the centerlines of all streets and roadway rights-of-way shall be monumented before the City shall accept a street improvement. B. All certerlizee monuments rhali be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. RESOLUTION NO. 86 Page 5 C. The following centerline monuments shall be set: (1) All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall, be set when the centerline alignment of said "collector" or other street has been established by or for the City; (2) Center of all cul--de--saes; (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. A Sensitive Lands Permit will be required for any landform alteration, including the development of single family homes, on slopes greater than 25%. 12. Construction of the proposed sanitary sewerage improvement shall not commence until posting of a 100% performance bond, payment of public improvement plan check and inspection fees and execution of (and City acceptance of) a construction compliance agreement occurs. 13. Construction of improvements below the 140 foot elevation contour west of 108th Avenue or within the 100 year flood plain shall occur 2911 for the purposes of bikepaath and other public improvement requirements only during the period between April 30th and October 1st or at other times approved in advance and in writing by the City Engineer. 14. A site grading plan shall be submitted with the improvement plans. The site grading plan shall include provisions for erosion control including temporary erosion control during construction. No construction shall occur until the site grading plan has been approved by the City Engineer. 15. The applicant shall construct interim street improvements on S.W. 108th Avenue from S.W. Durham Road to the point where full street improvements are required by Condition 2 above. Interim street improvements shall include a minimum 2.2 foot pavement width. Also, 3 foot gravel shoulders and drainage ditches shall be constructed unless otherwise specifically approved by the City Engineer and Washington County in conjunction with Phase I improvements, but not later than October 1, 1987. 16. The applicant shall obtain from Washington County a letter of service- ability and approval of public improvement plans for S.W. 108th Avenue. 17. At the intersectionof S.W. 108th Avenue and S.W. Durham Road, the interim street improvements shall include improvements adequate to provide a minimum intersection sight distance of 450 feet. The ir�ersaction sight distance shall be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road, and shall. be measured from the center of 108th Avenue at a point 10 feet south of the edge of the Durham Road pavement. t RESOLUTION NO. 06-_-Z5 Page 6 a 18. Storm drainage from streets and other public improvements shall be conveyed in closed conduits and discharged at points within the flood plain area. All storm drainage conduits shall be located in public rights-of-way or in easements dedicated to the public. 19. Any on-site or off-site sanitary and storm sewer easement, wr,ich may be necessary for provision of service, shall be on City forms and approved by the Engineering Division; on-site easements should be denoted on the subdivision plat. 20. The existing (access-egress) easement across the end of Tax Lots #100-#400 shall be vacated; the cost thereof to be borne by the applicant. 21. The lands which are within the 100 year flood plain shall be dedicated to the public for greenway purposes. The flood plain boundary shall be surveyed and clearly marked. Said markers shall be maintained throughout the course of development. 22. The existing dwellings which are to remain must be connected to sanitary sewerage facilities as soon as the available. facilities become 23. An asphalt surfaced pedestrian/bicycle path with a width of 10 feet shall be constructed along the Tualatin River within the boundaries of the greenway. The path shall include one public pedestrian path connection to S.W, River Drive at via a public right-of-way or public easement in the vicinity of SW 108th. The easement width and alignment shall be approved by the City Engineer. 24. After review and approval by the Planning Director and City Engineer, the Final Plat shall be recorded with Washington County. 25. ALL CONDITIONS BELOW SHALL BE MET PRIOR TO RECORDING ANY LOT LINE ADJUSTMENT WITH WASHINGTON COUNTY. A. The final lot line adjustment application(s) shall be reviewed and approved by the Planning Director PRIOR TO RECORDING The Lot Line Adjustment documents shall be recorded by shall the City and a copy be forwarded to the applicant. Ir, addition to the requirements of Sectionl8.162.080 of the Code (copy enclosed), the applicant shall provide information illustrating the location of all utility facilities in the vicinity of the property line(s) to be adjusted. B. A registered engineer shall certify that each final lot line adjustment will not have an adverse impact upon the utility services within the subdivision and the service available to individual lots, C. Any relocation of utilities shall be approved by the appropriate utility company. All cost incurred shall be borne by the developer or lot owner. z RESOLUTION NO. 86--�._—, Page 7 e e � D. Variance or waiver requests to the 4 foot side yard setback requirement or the driveway setback standard in TMS 18.04.080(b) must be compelling and substantial evidence must be provided. E, One or more final lot line adjustment applications may be filed for all lots in the development as provided by the above condition. This approval shall expire within one year of the final decision date noted below. 26. Four foot side yard setbacks are allowed but all other setback standards of the underlying zones shall remain in affect. 27. Dover Court cul-de-sac shall be shortened to the City Engineer's specifications. 28. This approval is valid if exercised within one year of the final decision date noted below. The Council further orders that the City Recorder send a copy of the final order as a notice of decision in the mattter, PASSED: This *h day of 1966. �iaybr-'- City of Tigard ATTEST: eputy City of TigardRecorde�- City KSL:bsl28 a i I RESOLUTION NO. 86—'�S Page 8