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Resolution No. 87-31 s CI:TY OF TIGARD, OREGON RESOLUTION NO. 87-31 A "FINAL ORDER IN THE MAT1-ER OFTHE. APPLICATION FOR SITE DEVELOPMENT REVIEW APPROVAL REQUESTED BY DAROL_D AND SUE SYNDER, FILE NUMBER SDR 21--86, APPROVING THE APPLICATION SUBJECT TO CERTAIN CONDI:FIONS, MODIFIED HEREIN, ENTERING FINDING; AND CONCLUSIONS (SNYDER SDR 21-86). WHEREAS, the applicants requested a Site Development Review approval to allow a mail order and general retail business on a 2.43 acre site which is coned I-P (Industrial Park) and a Variance to allow a gravel driveway with a 15 to 20 foot width where pavement and a 24 foot width is required; and WHEREAS, the Director of Community Development approved said application for the Site Development Review subject to 15 conditions but denied the Variance request- and WHEREAS, the Director's decision was appealed to the Tigard City Council; and WHEREAS, the Tigard City Council heard the appeal request at its regular meeting on February 9, 1986, and voted to approve the applicants' request subject to modified conditions. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal satisfies the criteria necessary to approve a Site Development Review, Section 2: The applicant has objected to conditions of approval: 1) requiring half--street ;improvements along their Tigard Street frontage on the premise that no other property owners are required to do so; 2) the greenway dedication requirement.; 3) the denial of the variance request; and requested a refund of the appeal fee. Section 3: The Council voted unanimously to approve the application with old conditions of approval. 1--5, 10-12, 14 and 15 unchanged; that a non--remonstrance agreement be required on condition No. 6; that conditions No. 7 and 8 be deleted; and that condition No. 13 be altered so that parking and driveway areas shall he paved upon expansion of the existing commercial building. The changes are contained in the conditions set forth below. Section 4: The Council did not approve a refund of the appeal fee. Section 5: The Council, therefore ORDERS that the above-referenced request be, and the same hereby is, APPROVED subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ESTABLISHMENT OF THE NEW BUSINESS. 2. Approval shall be obtained for the change of occupancy from the r` Building Inspection Division and the Tualatin Rural Fire Protection District. RESOLUTION 1110. 87-aL Page I i 3. Additional right-of-way shall be dedicated to the public along the SW Tigard Street 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 Washington County. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE AVAILABLE FROM THE ENGINEERING SECTION. 4. The applicant shall provide for roof rain drainage to the public stormwater system. 5. The applicant shall provide for connection to proposed buildings to the public sanitary sewer system. A connection permit is required. 6. A non-remonstrance agreement for the future development of Tigard Streetshall be executed by the applicant, on City forms, and shall be reviewed and approved by the City Engineering Office prior to iestablishment of the new business. 7. The area within the 100 year floodway shall be dedicated as greenway - open space to the City. A monumented boundary survey showing all new title lines, prepared by a registered professional land surveyor, shall be submitted to the City for review and approval prior to recording (on City forms). 8. No grading, filling, or landform alteration shall occur on the property without prior approval by the City of grading plans, and without obtaining property City and U.S. Army Corp of Engineers approval(s) and permit(s). 9. Visibility at the site ingress-egress drive be maintained in accordance with City Code and vehicle sight distance criteria per I.T.E. (Institute of Traffic Engineers) manual. 10. A revised landscaping plan shall be submitted for Plannii .l Director approval which provides vis4al screening to the north and west. Following approval, the specified materials shall be installed. (Contact Keith Liden at 639-4171 regarding specifications.) 11. The driveway entrance shall be a minimum of 20 feet wide and the driveway serving the rear of the building shall be a minimum of 16 feet in width. All parking and driveway areas -shall be paved upon expansion of the present commercial building. 12. The nonoperating vehicles and miscellaneous materials shall be removed from the site. 13. This approval is valid if exercised within one year of the final approval date. PASSED:. This PLk day of _T/ 1987. Mayor - City of Tigard g._ it-TEST: YCity Recorder - City of 'Tigard DAS:bs3007P RESOLUTIOIV NO. 87:3 Page