Resolution No. 87-16 � .....memo
CITY OF T"IGARD, OREGON
RESOLUTION NO. 87--1 (r
A FINAL_ ORDER IN THE! MATER OF THE APPLICATION FOR SUBDIVISION APPROVAL
REQUESTED BY BEWJ FRAN DEVELOPMENT INC., FILE NO. S 17-86, APPROVING THE
APPLICATION, ENTERING FINDINGS AND CONCLUSIONS,
The Tigard City Council heard the above application at a public hearing on
February 9, 1987.
The Council finds the following facts in this matter:
1. The applicant requested approval to divide a 9.6 acre parcel into 37 lots
on property zoned R-4.5 (Residential, 4,5 units/acre) and R-25
(Residential, 25 units/acre) and located immediately south of Morning Hill
Nos, 2, 3, 4, and 5 and east of 135th Avenue (WCTM 2S1 4AB, Tax Lot 4500,
4600, 4700; WCTM 2S1 4A, Tax Lot 401).
2. The proposal was approved by the Hearings Officer on December 19, 1986
subject to conditions. An adjoining property owner (Oregon Bank) appealed
the decision on the grounds that adequate access is not provided to Tax
Lot 102.
3, Oregon Bank's justification for- the appeal was presented in the Council's.-
information
ouncil'sinformation packet.
4. The relevant approval criteria is Section 18.164.030(f) of the Community
Development Code.
Based upon the record in this case, the Council makes the following findings:
1. Section 7.8.164.030(P) of the Code requires that provisions be made for
establishing adequate access for adjoining parcels.
2. Condition 15 of the Hearings Officer decision requires the provision of
adequate access as a condition of approval for Morning Hill No. 6
(S 17-86). This access must be approved by the Planning Director prior to
recording the plat.
I
The Council adopts the following conclusion of law:
Based upon Findings 1 and 2 above, the Council has determined that the
Hearings Officer decision and conditions of approval are appropriate.
RESOLUTION NO. 87-
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Based upon the above findings and conclusions, the Hearings Officer's decision
is upheld and the Council orders the S 17-86 is approved subject to the facts,
findings, conclusions, and conditions found in the decision (Exhibit "A").
PASSED: This day of 1987.
el
Mayan - City of Tigard
C�unc:l Pnes;dFv�-f
ATTEST:
•7 2y Recorder - City of'Tigard
(KL:cn12926P)
RESOLUTION NO. 87-J 0
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0
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s). ' S 17-86 _
2. Name of Owner: BENJ FRAN DEVELOPMENT INC.
3. Name of Applicant: Same
Address 9370 SW Greenburg Rd, _City Portland State OR Zip 97223
4. Location of Property:
Address Immediately south of Morning Hill Nos. 2 3, 4, and 5, and east of 135th
Legal Description 2S1 4AB lots 4500, 4600, 4700 & 231 4A lot 401
5. Nature of Application: Request to subdivide a 9.6 acre parcel into 37 lots
ranging prop—t-1,
7,500 and 8,500 ai3prox. so. ft. in size. The pron3,
is zoned R-4.5 (Residential 4.5 units/acre) and R-25 (Residential 29 ;r</acre).
6. Action: Approval as requested
XX Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
S. Final Decision:
THE DECISION SHALL BE FINAL ON January 2, 1987 UNLESS AN APPEAL IS FILED.
The adopted findings of fact decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall
Blvd., P.O. Box 23397, Tigard, Oregon 97223,
9. Appeal:
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.370 which provides that a written appeal
say be filed within 10 days after notice is given and sent.
The deadline for filing of ar, appeal is 1:30 P.M. January 2, 1987,
10, Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
0257F
i
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE PLATTER OF THE APPLICATION)
FOR A 37-LOT SUBDIVISION; ) No.
Benj. Fran. Development, Inc., )
applicant. ) S 17-86
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of December 11, 1486, at the
Tigard Civic Center Town Hall Room, in Tigard, Oregon; and
The applicant requests approval of a 37-lot subdivision
on property zoned R-4.5 and R-25, more specifically described
as Tax lots 4500, 4600, 4700, Nap 2S! 4AB and Tax lot 501,
Map 2S1 4A, City of Tigard, County of Washington, State of
Oregon; and
The Hearings Officer conducted a public hearing on
3 December 11, 1986, at which time testimony, evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopts the findings of fact and
conclusions contained in the Staff Report, a copy of which
is attached hereto, marked "Exhibit A" and incorpo;:ated by
reference herein.
NOW THEREFORE IT IS HEREBY ORDERED that S 17-86 be and
hereby is approved subject to the following conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET
PRIOR TO RECORDING THE FINAL PLAT.
Page 1 - S 17-86
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` 2. Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage, utilities and a traffic landing (at the
intersection of 135th) shall be installed. Said improvements
along SRS Morning Hill Drive shall be built to minor collector
street standards and conform to the alignment of existing adjacent
improvements (being 60' R/W and 36' curb to curb) .
3. Standard street improvement including concrete sidewalks,
concrete curbs, streetlights, concrete driveway aprons, mailbox
clusters, storm drainage and u'iliti_es shall be installed along
the balance of the proposed subdivision streets. Said improvements
shall be built to local street standards (50' R/W and 34' curb to
curb) .
4. Seven (7) sets of plan-profile public improvement con-
struction 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.
5. Sanitary sewer and storm sewer plan profile details shall
be provided as part of the public improvement plans. Facilities
shall be extended to provide for future development of adjacent
undeveloped parcels.
6. A detailed grading pian for lots 125 through 128 shall
be submitted for Engineering and Building Division as part of the
public improvement plans which includes the following:
Page 2 - S 17-86
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a. Grade profiles
b. Engineer's report for Building areas that receive fill
C. Plan which will preserve existing vegetation to the
maximum extent possible
7. Additional right-of-way shall be dedicated to the public
along the SW 135th-Murray Road frontage to increase the right-of-
way to 35 feet from centerline. The description for said dedication
shall be tied to the existing 135th Avenue right-of-way centerline
as established by Washington County. The dedication document shall
be on City forms and approved by the Engineering Section. DEDICA-
TION FORMS.AND INSTRUCTIONS ARE AVAILABLE AT THE ENGINEERING OFFICE
AT CITY HALL.
8. 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 instal-
lation/streetlight fee. Also, the execution of a construction
compliance agreement shall occur prior to, or concurrently with
the issuance of approved public improvement plans. SEE THE
ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE
SCHEDULES, BONDING, AND AGREEMENTS.
9. The applicant shall provide for roof rain drainage to
the public stormwater system. Where lots drain away from public
roads, facilities shall be provided to eliminate runoff problems.
10. The applicant shall provide for connection to proposed
buildings to the public sanitary sewerage system. A connection
permit is required in conjunction with Building Permit issuance.
Page 3 - S 17-86
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making
11. Storm sewer details shall be provided as part of the
Public Improvement plans. Calculations and topographic service
area - basin map shall be provided as a supplement to the Public
improvement plans, to demonstrate evidence of area - basin full
development serviceability. The location and capacity of existing
and proposed (or future) lines shall be addressed.
12. A permit shall be obtained by the applicant from the
City (Authority: Tigard Municipal Code, Chapter 18.84) for land
form alteration on slopes of twenty-five percent or greater and
within drainageways)
13. Street Centerline Monumentation
a. In accordance with ORS 92.060 subsection (2) , the
centerlines of all street and roadway right-of-ways shall be
monumented before the City shall accept a street improvement.
b. All centerline monuments shall be placed in a
monument box conforming to City standards, and the top of all
monument boxes shall be set at design finish grade of said street
or roadway.
C. The following centerline monuments shall be set:
1. All centerline-centerline intersections.
intersections created with "collector" or other existing streets,
shall be set when the centerline alignment of said "collector"
or other street has been established by or for the Ci'--y;
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.)
Page 4 - S 17-86
4. All sanitary and storm locations shall be placed
in positions that do not interfere with centerline monumentation.
14. The locations of all existing trees over 6 inches in
diameter shall be illustrated and a site plan for Lot 125-128.
Justification shall be provided for the removal of any of these
trees.
15. The applicant shall contact the owner of Tax Lot 102
and after consultation shall submit a conceptual plan for providing
an acceptable means of access to .Tax Lot 102.
16. The applicant shall submit a non-remonstrance agreement
for street improvements for 135th Avenue and Murray Blvd. If
the local improvement district is formed prior to recording the
plat, the applicant shall develop a method acceptable to the City,
for dividing the L.I.D. assessment between the individual lots.
17. After review and approval by the Director of Community
Development and the City Engineer, the final plat shall be recorded
with Washington County.
18. This approval is valid if exercised within one year of
the final approval date noted below.
DATED this 19th day of December, 1986.
HEARINGS FSCER
APPRO' D. -
B-vTH RASO.
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