Resolution No. 87-143 CITY OF TIGARD, ORL.GON
RU,OL U J ION NO. 87- f t -
-__
IN THE MATTER OF THE: ADOP'TION OF A FINAL ORDER UPON CS"fY COUNCIL RF:VI:F-W OF A
PLANNING COMMISSION APPROVAL OF AN AMENDMENT TO A FINAL ORDER FOR BUTLER TERRACE
SUBDIVISION (S 8--86/V9--86, FINAL. ORDER 86--15-PC & FINAL ORDER 87-12PC).
WHEREAS, this matter, came before the City Council at its meeting of November 23,
1987, after the Council called the above item up for review; and
WHEREAS, the City Council had before it the Planning Commission final or-der, the
Planning staf'f's report, the minutes of the Planning Commis,;ion hearing and
documentation submitted by the applicant: as pari: of the application; and
WHEREAS, the applicable criteria in this decision are the following:
Policy 8.4.1 of the Tigard Comprehensive. Plan
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The subject site is located immediately north of the. Twality Junior
High School property on Inez Street,
Section 2: The applicant is requesting the modification of conditions S. and 9.
of Final Order 86-1SPC to delete the proposed sidewalk on the
southern perimeter of thea Inez Street cul-de-sac and its extension
to 97th Avenue,
The City Council also makes the following conclusions of law:
k
(1) The City Council concludes tl-iat the applicant's request for
elimination of the sidewalk does not meet, the .inteni'- of
Policy 8.4.1 of the Tigard Comprehensive Plan and that the
Planning Commission approval of the application contained in
Final Order- 87-12PC shall be reversed.
(2) The City Council concludes that the original cond_tions
contained in Final Order 86-15PC shall remain in effect.
(Exhibit "A" attached.)
The City Council, therefore, orders that the above reference proposal for
delection of sidewalks be, and same hereby is, denied.
The Council further orders that the City Recorder- send a copy of the final
order as a notice of final decision in this matter.
PASSED: This '23i day of Nwc-- 2� r .y7 1987.
Mayor - City of Tigard
ATT-_T:
:ity Recorder City of Tigard
dmj/146D
RESOLUTION NO. 87-/_qa
Page 1
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tz:xh , I, + I
CITY OF TIGARD PLANNING C044MISSION
FINAL ORDER NO. 06--/,5- PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A SUBDIVISION (S 8-86) AND VARIANCE (V 9-86) REQUESTED BY SAMUEL GOTrER.
The Tigard Planning Commission reviewed the above application at a public
hearing on May 20, 1986. The Commission based its decision on the facts,
findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Subdivision S 8-86 & Variance V 9-86
REQUEST: To divide a 1.37 acre parcel into 6 lots with a minimum size of
7,500 square feet and to allow a cul-de-sac of 600 feet in
length where a maximum length of 400 feet is required.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential 4.5 units/acre)
APPLICANT: Samuel A. Go Iter III OWNER: Same
7710 SW Gentlewoods Dr.
��- Tigard, OR 97224
LOCATION: Between the western end of Inez Street and 97th Avenue
(WCTM 2S1 11BA, T.L. 1400)
2. Background
A similar proposal to create a seven lot subdivision on the subject property
was denied by Planning Commission on March 4, 1986 (S 2-86/V 1-86).
3. Vicinity Information
The area on the east side of 97th Avenue is zoned R.4-5 and includes similar
small acreage parcels to the north, single family residences on 8,000 to
12,000 square foot lots to the east and Twality Junior High School to the
South. The land on the west side of 97th Avenue is zoned R-3.5 (Residential,
3.5 units/acre) and it consists of a combination of small acreage tracts and
single family residences.
4. Site Information and Proposal Description
The property is undeveloped and except for a number of large trees near the
eastern property line, it is covered with grass and a garden area. The
terrain slopes down gradually from west to east. A ten foot wide strip
provides the only frontage on 97th Avenue and the southeastern corner of the
parcel abuts the terminus of Inez Street.
FINAL ORDER. NO. 86- elm PC S 8-86 & V 9-86 PAGE 1
The applicant proposes to extend Inez Street, form a 600 foot long
cul-de-sac, and create six lots for sin•Ile family residences. A portion
of the street extension will utilize An existing 40 foot wide street
right-of-way which lies between the subject property and the junior high
school. The remaining right of way will be vacated.
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. The eight foot wide pedestrian-bike path should be installed from the
proposed cul-de-sac to 97th Ave nava. A twenty foot wide public
right-of-way should be reserved for the path or a public easement
should be created.
b. The applicant should be responsible for initiating procedures for
vacating any remaining portions of the Inez Street right-of-way.
C. Due to the amount of school agp children needing safe access, the
absence of a sidewalk on the south side of Inez is not recommended
unless an appropriate alternative can be developed with the school
district.
The Building Inspection Division indicates that the method for providing
sanitary and storm sewer facilities should be clarified.
NPO ##6 has no objections to the proposal.
The Tualatin Rural Fire Protection gist riot has no objection to the
request.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan policies
2.1.1, 6.3.3, 7.1.2, 7.3.1, 7,4,4, 8.1.1, 8.1.3, and 8.4.1 and Chapters
18.50, 18.92, 18.150, 18.160, and 16.164 of the Community Development Code,
The Planning Commission concludes that the proposal is consistent with the
relevant portions of the Comprehensive Plan based upon the findings noted
below:
a. Policy 2.1.1 is satisfied because the Neighborhood planning
Organization and surrounding property owners were given notice of the
hearing and an opportunity to comment on the applicant's proposal.
b. Policy 6.3.3 is met because the single family residential development
is compatible with the character of this "established area".
C. Policy 7.1.2, 7.3.1, and 7.4.4 are satisfied because adequate water,
sewer, stores drainage facilities are available to the development.
The applicant also indicates that these facilities will be provided
yy within the subdivision as required by the City standards.
t!
FINAL ORDER NO. 86- �'S PC S 8-86 & V 9-86 PAGE 2
d. policy 8.1.1 is satisfied because the proposed cul-de-sac will
Provide for a safe and efficient- transportation system by providing a
terminus of this portion of Inez St-eet which meet City and Fire
District standards, except for cul-de-sac length which is discussed
below. In order to provide adequate access to the residential area
north of the school, the City has followed a policy of having Inez,
View Terrace or Mountain View extended west to 97th Avenue when
development occurs. From a traffic circulation standpoint, at least
one of these streets should connect with 97th Avenue.
The applicant has provided justification for a cul-de-sac on Inez
Street which is based primarily upon two factors. First, there is a
short, but relatively steep slope immediately east of 97th Avenue
which would require a significant amount of cut and fill. The
extension of View Terrace Or Mountain View would not face this
difficulty. Also, a preliminary plat approval, which has since
expired, included an extension of Mountain View to 97th. Second, an
intersection of Inez and 97th would occur in close proximity to a
main driveway for the junior high school which would result in a
traffic safety hazard.
e. Policy 8.1.3 will be satisfied when the conditions of approval
relating to street improvements are completed.
f. Policy 6.4.1 calls for the prov';,,n of safe and convenient bicycle
and pedestrian access to all portions of the city. A
bicycle/pedestrian lane is in place on the west side of 97th Avenue
and eventually such a facility will be in place on the east side as
well. The bicycle/pedestrian path shown on the plat is consistent
with this policy and is appropriate given the significant amount of
bicycle and pedestrian traffic generated by Twality Junior High
School and Templeton Elementary School.
The Planning Commission concludes that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1. Chapters 18.50 (R-4.5 zone) and 18.92 (Density computations) are
satisfied because each lot complies with the minimum lot size
standard of 7,500 square feet.
2. Chapter- 18.150 (Tree Removal) requires that City approval must be
granted before any trees with a trunk diameter of 6 inches or
greater. Some of the trees at the eastern end of the property will
need to be rc- ;oved but is expected that the maximum number of trees
will be retained for buffering purposes.
3. Chapter 18.160 (Land Division--Subdivision) is satisfied including
Section 18.160.120 which contains the following criteria for granting
a variance to the maximum length of the cul-de-sac (400 feet).
a. There are special circumstances or conditions affecting the
property which are unusual and peculiar to the land as compared
to other lands similarly situated;
FINAL ORDER NO. 86- /S pC 8 8-86 S V 9-86 PAGE 3
b. The variance is necessary for the proper design or function of
the subdivision.
C. The gran Ling of the variance will not be detrimental to the
public health, safety and welfare or injurious to the rights of
other owners of property; and
d. The variance is necessary for the preservation and enjoyment of
a substantial property right because of an extraordinary
hardship which would result from strict compliance with the
regulation of this ordinance.
When Penrose Terrace subdivision way developed, it was apparently
intended that Inez Street would to extended into the subject
property, possibly to 97th Avenue. The length of Inez Street from
its intersection with 93rd Avenue and the subject property is 330
feet. The proposed 600 foot long cul-de-sac is necessary to provide
proper access to the subdivision. A street connection to 97th Avenue
is a second alternative which is not as desirable because of the
relatively steep grade adjacent to 97th Avenue and the close
proximity to a driveway to the south which serves the junior high
school.
The subdivision would probably function properly with either a
cul-de-sac or- through street, but for the reasons noted above, a
cul-de-sac is preferable. Also, appropriate emergency access can be
provided. The variance will not be detrimental in any way and the
additional length over required 400 foot standard contained in
Section 18.164.030(k) is justified.
4. Chapter 18.164 (Street and Utility Improvement Standards) is
satisfied except for Section 18.164.030(k) which is the subject of
the variance proposal noted above and the 600 foot length is
appropriate.
In summary, the proposal subdivision will be consistent with City
policies and standards if modified as discussed above. It is
essential that the developer work closely with the Tigard School
District to provide appropriate bicycle and pedestrian connections
between the school and adjoining neighborhood.
C. DECISION
Based upon the findings, and conclusion above, the Planning Commission
approves S 8-86 and V 9-86 subject to the following conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
RECORDING TNF_ FINAL PLAT.
p. Standard street improvements including base, pavement, sidewalks,
curbs, ramps, streetlights, driveway aprons, storm drainage and
utilities shall be installed along the proposed cul-de-sac roadway.
Said improvements shall be built to city local street standards and
conform to the algnment of existing adjacent improvements.
FINAL ORDER NO. 96-__,/S PC S 8-86 S V 9-86 PAGE 4
3. Seven (7) sets of plan-profile public improvement construction plans
and one (1) itemized construction cost estimate, stamped by
aRegistered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the Engineering Section for
approval.
4. Sanitary sewer domestic water and storm sewer system 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 Section has issued approved public improvement
plans. The Sections 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 construction compliance agreement shall
occur prior to, or concurrently with thF issuance of approved public
improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC
INFORMATION REGARDING FEE SCHEDULES BONDING AND AGREEMENTS.
6. Street Centerline Monumentation
a. In accordance with ORS 92.060 subsection (2), the centerlines of
all street and roadway rights-of-way 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 intersection. 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-sacs;
3) Curve points, points 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
monumentations.
S. An 8 foot wide bicycle/pedestrian path, and accompanying 20 foot wide
public right-of-way or easement, shall be installed between the end
of the cul-de-sac and 97th Avenue which meets City standards as
determined by the Engineering Division.
9. A sidewalk shall be installed along the south side of Inez Street
which meets City standards. In lieu of this condition, an alternate
method of terminating the existing southern sidewalk, which is
acceptable to the Tigard School District, may be approved by the
T Planning Director.
FINAL ORDER NO. 86- !�PC S 8-86 6 V 9-86 PAGE 5
10. The unused portion of the existing Inez Street right—of—wav shall be
vacated and said vacation shall be initiated by the applicant. See
Loreen Wilson at City Hall for further information.
11. A tree cutting permit shall be obtained prior to the removal of any
trees with a trunk diameter of 6 inches or greater.
12. After review and approval by the Planning Director and City Engineer,
the Final Plat shall be recorded with Washington County.
13. This approval is valid if exercised within one year of the final
decision date noted below.
It is further ordered that the applicant be notified of the entry of this
order.
PASSED: This �day of May, 1986 by the Planning Commission of the City
of Tigard.
A. Donald Moen, President
Tigard Planning Commission
(2563P)
FINAL ORDER No. 86— /1 PC S 8-86 S V 9-86 PAGE 6