Resolution No. 89-27 '- CITY OF TIGARD, OREGON
RESOLUTION NO. 89 -c
A RESOLUTION kAlOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN NPPI.ICATION FOR A
MINOR LLD PARTITION, SITE DEVELOPMENT REVIEW, A14D VARIANCE (MLP 88-16, SDR 88-
25, V 88-39) REQUESTED BY BURTON B. GRABHORN (CENTRON).
WHEREAS, Burt Grabhorn and Centron of Oregon_ Corp. have requested a par-Lition
to divide a 35.39 acre pavace'l inti two parcels of 17.83 and 17.56 acres and for
development of a 266 unit apartment complex on the southern 17.83 acre tract;
and
WuZRZ:.n, the Planning Division approved the above applications subject to
conditions on December 22, 1988; and
WHER-AS, the applicant appealed this decision tee b-> heard by the Tigard
Planning Commission. On February 7, 1989, the Commission modified the Planning
Division decision by deleting the requirement for a public east-west street but
retained all other conditions originally prescribed by the Planning Division;.
and
WHEREAS, at the applicants request, the City Council agreed to review the
Planning ^cmmission decision as it pertained to street right-of-way dedication
requirements. The Council also moved to review the east-west street issue as
well; and
WHEREAS, a public hearing was held before City Council on March 27, 1989, to
consider the proposal.
NOW , THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section It The proposal is consistent with all relevant criteria based upon
the facts, findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Minor band Partition (MLP 88-25), Site Development Review (SDR
BB-25) and, Variance (V 888-39)
REQUEST: To construct a 266 unit apartment complex on a 17.83 acre site.
The complex will be located on both sides of Summer Creek. A
minor land partition approval will divide the 35.39 acre parcel
Into two parcels of 17.83 and 17.56 acres. Also, to vary the
Cade building oetback along the eastern property lina to 232 feet
where 30 feat is requiredZone Designation: R-25 (multi-
family, 25 units/acre).
RESOLUTION !x0.99-0 7
�`.. PAGE 1
COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential
ZONING DESIGNATION: R-25 (Multi-family, 25 units/acre)
APPLICANT: Centron of Oregon Corp. OWNER:
11080 SN' Allen Blvd.
Beaverton, OR 97005
LOCATION: East of 135th Avenue, south of Scholls Perry Road,
spanning Summercreek �WCTM 1S1 33DB TAX LOT 3001
2. Background_ Information
The property was annexed into the City of Tigard in 1987. The
property was also involved in a local improvement district to .improve
135th Avenue. This property is subject to asseoemerts as are other
properties in the area for this street project. No other lewd use
applications have been reviewed by the City relating to this property.
The Planning Division approved the above application on December l2, 1986
subject to conditions. The applicant appealed this decision because of
objections to several of the conditions. Also, the applicant amended the
application before the Commission to include a building setback variance
request.
3. Vicinity Information
Scholls Ferry 14;.-ad and the City of Beaverton lie north of the subject
property. A church, a small acreage hcme site, and the Susmaerla_-ke
development are to the northeast and these properties are zoned R-7 (PD)
(Residential, 12 units/acre, Planned Development). An approved preliminary
plat for Brittany Square IV ha.P been approved for the property immediately
to the southeast which is zoned R-12 (PD) (Residential, 12 units/acre,
Planned Development). Immediately to the south are earlier phases or
Brittany Square subdivision end this area Is also zoned 11-12 (PL^).
Immediately west is 135th Avenue and beyond are the masher of developed and
undeveloped parcels that are zoned R-25.
4. Site Information and Pro gal Description
Summer Creek runs in an east-west direction through the southern portion of
the property and a 100-year flood plain as well as a wetland and wildlife
habitat area have been identified on both sides of the creek. The area to
the south of the 100-year flood plain is wooded and the area to the north
has been in agriculture use. There are no structures present on the
property.
RESOLUTION NO.89-
PAGE 2
The applicant is first proposing to divide the property into two parcels of
17.83 zzid 17.56 acres. The southern 17.83 acre site will include the 266
unit apartment complex. The remaining ii.r acres ace lrxietas.i cjoaart tc.
Scholls Ferry Road and are intended to be retained for future development.
The Site Development Review application applio:s to the 266 unit alpartment
complex which consists of a combination of 1, 2, and 3 bad-room units. Thia
development is divided Into two sections with 95 units proposed on the
south gids of c„!:r __mak and iF i unit. on the northerri aide. Each half
was originally intended to have one separate access onto 135th Avenue:. A
common activity center building and swimming pool are also proposed on the
northern portion of thea development. in addition, a day care facility is
shown in this northern section next to 135th Avenue. This day cars has
receivad a separate Conditional Use approval from the Hearings Officer on
January 5, 1989 (Case No. CU 88-11).
At the public hearing before the Planning Commission, the applicant
presented a revised site plan for the northern section of the apartmerit
complex which included two driveway entrancoo onto 135th Avenue. The
northern driveway heads east between the two parcels proposed in the
partition. Two additional entrances are to bo provtdod for the northern
portion of the project and the day care facility from this driveway. The
applicant also indicat=d th
adjacent to this parcel. 130th Avenue is designated to be a minor
collector street requiring a tC-fcat right-nf_way width, 40 feet of
pavement width, with the associated improvements. Right-of-way
dedication for 130th Avenue is necessary to provide for tha
construction of 130th Avenue. The construction of 130th .Avenue will
be required with the development of the adjacent properties.
In addition to the extension of 130th Avexiue to provide the necessary
' collector street network, City staff has identified a need foe and
east-west road from 135th Avenue to 130th Avenue.
d. Seholla Ferry Road Is a state major arterial roadway. Improvements to
Scholls Ferry Road are currently being designed in conjunction with
the Washington County Xajac Streets Transportation improvement
prvyram_ Right-of-way for these improvements is required to be 55
feet from the centerline. Current right—f-Ras is 30 feet from the
centerline.
e. The Community Development Code Section 16.108.070 requires that for
apartment complexes with 50-100 units, two 24-foot wide driveways be
provided with curbs and sidewalk. For the 170-unit complex, three
driveways are required. One driveway hav been proposed for each
complex.
The width of the southern apartment complex limits the ability to
have more than one access, therefore one access should be allowed,
provided the single access is modified to provide and increased
capacity.
f. The narrative submitted with the application indicated that the
roadways and parking areae within the complex are to be paved with 2
inches of class H asphaltic concrete over 2 inches of crushed rock
base. This total thickness is inadequate. The parking areas and low
,volume roadways require a minimum of 2 112 inches of a class C
asphaltic concrete over 8 inches of baeerock.
g. 133rd Avenue, a City local street, io stubbed up to the south property
line of the site from a residential subdivision. Typically, access
from a high density to low density development is not allowed.
Therefore, accoss to 133rd Avenue from the apartment site will not be
pursued as is shown in the submitted site plan. A breakaway type
barricade at the end of the existing 133rd Avenue may be required to
allow access to the apartment complex for emergency vehicles.
h. The apartment complex straddles Susaner Creak, therefore storm
drainage discharge is available. The 100-year flood plain to defined
to be below the elevation of 175 feet at 135th Avenue.
i. A OSA. trunk sanitary sewer line exists along Suter Creek and the
apartment complex proposes to connect into this line.
PxaaLT 3:o,4 mo.89-v�t7
P_�R 4
Building Inspection Division, Tigard Water Distrtct, PGB, and General
Ar Telephone all have no objections to the proposal.
R.
Washington County Fire District No. 1 has the foilowirq comments:
a. :here should be an intsrtie to 133rd Avenue to allew for an emergency
access from the south.
b. Thera are a number of areas within the developeaWlt where turning
radii are deficient. A minimum outside turning radius of 45 feet and
an inside radius of 24 feet should be provided in all locations.
0. Buildings K, P, and M all exceed eha 150 foot access requirement to
all portions of the first floor of t:a structures. This situation
carr be addressed :by relocating the buildings or providing automatic
sprinkler protection to these buildings.
d, Hydrants shall be located so that no portion of the first floor of a
4011-3prinklered building is further than 250 feet from a hydrant. If
buildings are equipped with automatic sprinklers, then distances may
ba extended to 500 feet. The hydrant locations on the plans should be
revised and resubmitted for approval.
e. Approximate available fire flow in the area is 21780 gallons per
minute. Required fire flow for any hydrant shall not exceed this
amount. As these plans do not show the number of stories, aggregate
square footage between fire walls and type of construction, the plans
examiner was unable to determine the required flow.
f. Prior to cons f.deratIon of this case by the Commission, the District
submitted a letter in support of a local street between 130th end
135th Avenue.
Mw Natural Gas Company comments that the applicant should be sure to
complete a set of construction drawings including as underground utility
plan is provided as soon as possible.
The City Park Board comments that a right-of-wray for a public bikepath
between 134th and 135th Avenue should be retained through the Summer Creek
drainagawaY.
The Beaverton School District comments that it would anticipate 37 school
age students frcvm the proposed development end that these students can be
acconvaodated at either McKay Elementary, Whitford Intermediate rhool, or
Beaverton High School.
A letter was recr-ived signed by Terry Wasco representing the homeownera
south u£ the subject property and Stephen J_ Malsam representing the
developer (Centron of Oregon) agreeing to the follawing conditions with
regard to the proposed apartment complex.
RBSOLDTZON N0.89-
PAG3 5 -__
s
a. The garages indicated on the site plan on the southern portion of the
Parking area will be guilt ae annr—Od hp the City of T:n.ard.
b. All natural vegetation, deciduous and fir trees will remain in a 30
foot buffer. The homeowners do realize that some trees will have to
be removed for compliance with City Code regarding grading.
C. Screening atruct-ure of a minimum of 3 feet will be attached to all
carport facilities to protect the adjoining households from
automobile headlights.
d. Asphalt speed bumps will be placed on the southern portion of the
parking area.
-j_.__y =_- _ante w4pg r—.ived.
8, FINDINGS AND CONCLUSIONS:
This application contains four parts; the Minor Land Partition, the Site
Development Review, the access Variance, and the setback Variance.
1. Minor Land Partition
Section 18.162.030 of the Community Development Code contains several
cri--cria which must be satisfied in order to approve a Minor Land
Partition. These criteria require that the proposal conform with the
City•s Comprehensive Plan and implementing ordinances, public
facilities and services are available to the site, the proposed lots
conformwith the size and dimensional requirements of the ..ode, and
all proposed improvements will meet City and applicable agency
standards. The council finds that this proposal is consistent with
these criteria subject to the conditions listed in Section C below.
It is the applicant's contention that the right-of-way dedication
requirements along the Scholls Ferry Road and 130th Avenue frontage is
inappropriate and premature. However, the Council finds that such a
requirement is called for by the Code in Sections 18.26.030 and
18.164.030. Section la.26.030 defines -development" to include
..dividing land into two or more parcels, including partitions ...-
and Section 18.164.330 requires that additional sight-of-way be
dedicated on abutting streets in accordance with an "approved street
plan. A dedication of 30 feet from centerline should be dedicated as
a condition of approval. The additional right-of--way needed to go
around lots 94-97 of Summerlake subdivision should be purchased by the
City at the time of development of the proposed northern parcel.
Scholls Perry Road is designated _nan arLaris
a strut and 130th
Avenue as a minor collector street on the City's Transportation Map
which is adopted as part of the Tigard Comprehensive Plan. Code
RESOLUTI0N' N0.89- -a7
PAGE 6
Section 18.164.030(e) requires a minimum right-of-way width for
��zz arccs.i3/c
of 50-94 feet ani 60 feet for minor collectors. Also, the
C2 improvements scheduled for Scholia FGrrY Road were approvs•3 by tie
county Major Streets Transportation
voters as part of the Washington
Improvement Program. The design of these improvements, including the
foot wide right-af�-way, have been reviewed in Public me=_sings
110
110fthrough the environmental hearing Process sponsored by the State
Highway Division.
2. Sita-+ Develo .rt Review
The proposed apartment complex to be located on the southern parcel
is consistent with City standards and the Community proposedunits
uCode
to a;iowabie density (266 units propo
relating `� and vision clearance.
permitted), building height, lot coverage,
Additional diacuseion is warranted pertaining to parking, the wetland
and wildlife habitat area, the public pedestrian pathway, landscaping,
the written agreement betwasnliciethe sr
a3.4.23.5a3, 3.5.4, and
ddr8svsion
the B-1-1.
clearance, as well as Plan po
a. Parking
The site development Plan Proposes a total of 447 parking spaces and
the CDC requires that 443 be provided. Also, of the required parking
spaces, 266 should be covered. This number of carports irovie;ons
,,,he only deficiency relative to parking is the lack of any p
for handicapped parking spaces. such space must be provided for
every 5o required parking spaces. This would result in the need to
One
incorporate g handicapped parking spaces as part of t're 447 spaces.
It is suggested that these spaces be concentrated near the common
activity areas such as the swimming Pool.
b. wetland and Wildlife Habitat Area
The wetland and wildlife habitat area has been identified in the
Comprehensive Plan and specific boundaries have been determined by a
wildlife biologist which are shown on the site pian. With some
etxceptiotxs shown in the grading plan, no development or earth moving
rehenaive Pian policy 3.4.2 raquirea
;s proposed in this area. Cotzp
that no development take place within a wetland. in addit;on, because
of the opera space element of the Plan, which is reflected in Plan
Policy 3.5.3, this area is to be dedicated to the public for greenway
Purposes. The grading plan should be amendedso
thatareano grading takes
place within this identified wetland/flood p
in
The applicant indicated a desire to retain ownership of t„� t0 100
oyeare
wetland/flaod plain area. The Council finds this
request
sPrivate
inconsistent with Plan Policy 3.5.3 and also, separate,
would create four individual parcels that
nocessita of this area _-- Partition approval.
neceasitstse a subdivision rather than a p
pmeoLvTlom
PAGE 7
C. Padestrian Pathway
[ The applicant has shown a public pedestrian bikepath along the
northern edge of the wetland area extending from the eastern boundary
to 135th Avenue. This pathway £a called for in the Comprehensive Plan
by Policies 3.5.3 and 3.5.4. Because this facility is an open space
amenity and the amount of fill required to install the path is
negligible, a sensitive Lando permit is not required. In addition,
the consulting biologist for the applicant has indicated that a Corps
of Engineers permit is also not required. The need for any possible
permits through the C-,rpe Of Sng£neera of Division of State Lands
shall be verified by the staff. The plans submitted by the applicant
eo not indicate any cormactionsbutwom.- the
8 I �
G .� pub—z Path
and any of the sidewalks withinthe development. The council
recommends that several connections be provided to allow for adequate
access to the public pathway from the northern portion of the
development.
d. Lando^4.ping and Buffering
The proposed landscaping plan conforms with Code requirements for
minimum amounts of landscaped area, street trees, trees within
parking areas, and buffering along property boundaries. The success
of this plan will depend primarily upon the ability to preserve the
existing fir trees on the south part of the property_ The proposed
landscaping plan indicates that the trees along the southern bounder,-
of
oundaryof the property will be presex-ved between the property line and the
proposed buildings and parking areas. In order to ensure that the
maximum number of existing fir trees can be preserved, an arborist's
report should be presented as part of the final landscaping plan for
staff approval. This report should indicate the methods to be used to
preserve the trees and to ensure their survival during and after
construction. After it Is determined which trees can be Im eeerved,
they should be protected at a miniwum by fences during the
construction phases and the arborist should be available to make
peri dlc inspections of the site during construction. In order to
meet the agreement betweenthe developer and the homeowners to the
south, the landscaping plan should include preservation of all natural
vegetation and deciduous and fir trees within 30 feet of the southern
property line.
a. Homeowner/Developer Agreement
The letter of agreement noted above between the homeowners of
Brittany Square II and centrcn of Oregon indicated four conditions
that should be met by the developer during the construction of the
project. Of the four, three are iteme that can be required by the
city. Those include construction of the gauges or carports as
Indicated in the site plan, preservation of natural vegetation ;. .
30 feet of the southern property line, and provision of a structural
screen that is a minimum of 5 feet to be mounted on all carports to
RESOLUTION KO.89--
FFGE 9
protect households from automobile headlights. The one item that
cannot be required through City Code is provision of asphalt speed
bumps. The enforcement of this condition will rest between the
homeowners and the developer.
f. Vision Clearance
The proposed landscaping plan does interfere with vision clearance at
driveway intersections. The Community Development Code states that
areas within a 30 foot triangular area on either side of the driveway
exists must not have obstructions that are over 3 feet in height. The
landscaping plan indicates ghat there will be a number of evergreen
trees and shrubs that would be over this height and would be within
the 30 foci triangle. The plan should be amended so that vision
clearance requirements can be satisfied.
3. Access Variance and Traffic Circulation
Section 18.108.070 of the Community Development Code requires that the
southern portion of the development have two driveway accesses and
that the northern portion of the development have three access points.
The proposal shows one access for the southern segment and one common
driveway for the northern half between the two proposed parcels.
This common northern driveway will have two entrances to the apartment
complex as whown on the applicant's site plan which was amended
following the Planning Commission hearing. Section 18.108.150
contains variance criteria through which the Council can grant
variances to the access requirevents of this Chapter.
The southern half of the project has limited frontage along 135th.
Avenue and the establishment of two driveways with sufficient spacing
between each would be extremely difficult if not impossible. 133rd
Avenue terminates at the south end of the property boundary but due to
the single family development that exists to the south, opening this
access would be inappropriate. In order to meet the desires of the
Washington County Fire district, conditions of approval will include
that an emergency only access of approximately 12 feet In width be
provided from the terminus of 135th Avenue into the project. This
access should be located in a manner that preserves the maximum number
of trees, Because of the limited amount of frontage on 135th Avenue
and the provision of an emergency access, the variance to access for
the south part of the project appears to be justified. This driveway
will be across 135th Avenue from another apartment complex driveway.
The driveway for this project should either be directly opposite from
the existing driveway or have a sufficient offset so as not to pose a
traffic hazard for vehicles entering or exiting either site.
The northern portion of the apartment development is intended to be
served by two driveways onto 135th Tvenue .ss shown on the amended Site
plan. When reviewing the proposed access for the northern portion of
this development, it is Important to also consider the development
potential and future access for other abutting properties, mainly the
!_ Yk soLu'TIo7 No.89--
PAGE 9
17.56 _..rVparcel _ thZ s-ac maa
npnrcni project as well as the
property zoned R-12 (PD) which lies immediately to the east. In
evaluating the access situation for these properties, Comprehensive
Plan Policy 8.1.1. applies:
The City shall plan for a safe and efficient roadway systems
that meets current needs and anticipatod future growth and
development.
In addition to the 170 units proposed to the northern portion of this
project, the remaining parcel which is subject of the proposed
partition has a development potential of approximately 335 residences
and the adjacent eastern parcel zoned R-12 (PD) has a potential for 90
residential units in the area north of Summer creek. When this
project is viewed in conjunction with the development potential of
these abutting parcels tthe number of required access drives will vary
depending upon the method in which these properties are developed), it
is clear that a minimum of 10 driveways access points would be
required in order to meet Section 18.108.070 of the CDC. In addition,
18.108.060(8) discourages direct access to arterial and collector
streets.
This raises the question as to how driveway access will be provided
for this project as well as the abutting properties when they develop.
Street access is presently available on 135th Avenue, Scholls Ferry
!toad, and in the future on 136th Avenue. Although there is a
considerable amount of frontage, access is limited In the following
manner:
a. Scholls Ferry Road is under the State Highway jurisdiction and
the Division has a policy of discouraging the creation of new
driveways onto this road. Although an individual driveway access
would be possible, it is not likely and it will not be permitted
If other options are available.
b. 135th Avenue will have limited access within 350 feet of the
Scholle Ferry Road intersection in order to provide for turn
lanes and safe traffic flow as drivers approach the Intersection.
Driveways within 350 feet of this intersection will create
unwanted turning movements.
C. 130th Avenue has not been built but it also is designated as a
minor collector in the City's Comprehensive Pian. Aa a result,
the same limitations that apply to 135th will be present on 130th
as it is developed. Because of the functional classifications of
Scholls Ferry Road, 135th Averue, and 130th Avenue and the
distances between street intersections, it appears that the
maximum number of driveways which could be allowed for this
development glue the abutting properties mentioned would total
approximately 5 or 6.
i RasoulTION 230.89-'
PAGE 10
Tho .._~eati4n of an east-west local street, as recommended by
staff, would enhance traffic circulation within the nelgnborh.17,d
and allow for improved access to Summerlake Park which lies to
the east. The adopted park plan calls for improvements to
Summerlake Park as a community park, with vehicular access
primarily from 130th Avenue/Winterlake Drive. The park will be a
traffic generator, attracting traffic from the residential areas
along 135th Avenue. Currently, Brittany Drive is «lie only direct
connection between 135th and 130th. Brittany Drive is a local
street through a single-family residential area. Therefore, it
Is desirable to have an alternative connection to serve the
multi-family residential area south of Scholls Ferry Road.
Based upon the discussion above, the Council concludes that a
local street should be provided along the northern boundary of
the proposed development with the intent that future extensions
will take place in conjunction with additional development.
R:Lght-of-way dedication for this street should be made part of
the minor land partition approval and the actual improvement of
the street should occur simultaneously with the development of
the adjoining parcels. This condition will require a revision of
the site plan for the northern portion of the development. A
minimum of three driveway accesses onto 135th Avenue and the new
east-west local street should be providad with this development.
4. Se_;bac-k Variance
All the applicable setbacks for this proposal are consistent with Code
requirements with the exception of the proposed 20 foot setback north
of Summer Creek clang the eastern boundary of the property. section
18.55.050 of the Community Development Code (CDC) requires a 30 foot
building setback when an apartment complex of this type abuts a more
restrictive zoning district. Since the R-12 zone abuts the subjects
Property on the east and south, a 30 foot setback is required along
those property boundaries.
The applicant has requested that a ;setback of 20 feet be allowed from
the eastern property line that is north of Summer Creek, while
retaining the required 30 foot setback along the remaining eastern
boundary. The affected property owner testified that he had no
objection to this request.
The previous Planned Development approval (PD 88-01) for the abutting
eastorn property included an 11 lot single family residential
subdivision south of the Summer Creek flood plain and a future multi-
family development cf approximately 30 units north of the flood plain.
BeeausO of tha similarities between this future project and the
dssvelopment proposed in this application, the additional 10 of setback
area is not necessary north of the flood plain. The primary purpose
of the 30 foot setback Is ^,.. provide adequate separation between
single family and multi-familyresidences. This purpose will be =mat
SOLICTICO YgQ.89.-
VAGN 11
by maintaining a 30 foot setback from the south and southeast
property boundaries.
S
section 2; The city council APPROVES HLP 88-16 subject to the following
conditions which shall be met prior to recording the minor land
partition with Rasnington County.
-7
1. The legal description and survey maps shall be submitted for city
approval. STAFF CONTACTz Jon Faigion, Phone 639-4171.
2. Additional right-of-way shall be dedicated to the Public along the
135th Avenue frontage as shown in the 135th Avenue LID construction
plans prepared by Robert E. Mayer Consultants, Inc..- The dedirat-Wfl -
document shall be on City forms and approved by the Engineer Diviaion.
Dedication forms and instructions are available from the Engineering
Division. STAFF CONTACTz Jon Feigion.
.7
3. The applicant shall develop a method acceptable to the City for
dividing the assassaaent from the 135th Avenue LID between the
individual lots. STAFF CONTACT: Gary Alfoon, Phone 639-4171. �
4. Additional right-of-way shall be deeded to the State along the Schollst
Perry Road frontage to increase the right-of-way to a width from the CD3
canterline that is deemed neceasary by the State Highway Division.
The description shall be tied to the existing right-of-way centerline.
STAFF CONTACT: Jon Feigion.
S. Right.-of-way shal=l be dedicated to the public along the 130th Avenue
frontage to increase the right-of-way to 30 feet along the eastern 6 per
property line of the northern parcel. The description shall be tied to lfC
t-has existing right-of-way centerline. The dedication document shall
be on City forms and approved by the Engineering Division. Dedication
forms and instructianu are available from the Engineering Division.
STAFF CONTAI;.z Jon Feigion.
6. Right-cr-way° ahall be dedicated to the public for a street between
135th Avenue and 130th Avenue. The right-o€-way shall extend 25 feet
on either, ride of a centerline for a total width of 50 feet. The /J}p
right-of-way shall be aligned so as to be. accessible to both parcels �SS
created by the la:d partition. The centerline may be established to
follow the property ling between the subject property and Talc Lot 100
of Tax Map 1S1 33DO, however, it shall be wnrvelinear whero 1,P�02sible.
The alignment shall be approved by the Engineerl_ng Division. At 130th
Avenue, the centerline shall align with the existing centerline of
Hawks Heard Stress:. The dedication document shall be on City forms
and approved by the Engineering Division. Dedication forms and
inetructionse are available from the Engineering Division. STAFF
CONTACTz Jon ,Feigion.
AssoLaTux; No.89- ff
PAGE 12
q
Section 3: The City Council APPROV_'.S SDR 88-25/V 88-39 subject to the
s.... following conditions. Conditions #1 - #10 shall be satisfied
prior to issuance of building permits. Conditions ill = #15
shall be satia ied prior to issuance of site work permits.
1. The southern apartment complex access shall be improved to provide
increased capacity since only one access is to be used instead of the
two required. Improvements shall consist of widening the access at
135th Avenue to 28 feet, curb to curb, and constructing 20-foot radius
curb returns on either side of the access. The apron shall be
lengtLened to decrease the slope from the gutter to the right-of-way
line. STAFF CONTACT: Gary Alfaon, Phone 639-4171.
2. The g_zea below the 100 year flood plain elevation shall be dedicated
as greenway - open space to the City. A monumerted "boundary survey
showing all new title lines, prepared by a registered professional
land surveyor, shall be submitted to the City (Authority: Tigard
Municipal Cade, Chapter 18.90) prior to issuance of a building permit.
STAFT CONTACT. Jori Feigion.
3. A permit or, evidence demonstrating compliance with State, Federal, and
local environmental ragolations shall be obtained by the applicaut and
A copy shall be provided to the city (Authority: Tigard Municipal
Code, Chapter 18.90) prior to issuance of a building permit. STAFF
CONTACT: Reith Liden, Phones 635-4171.
4. The applicant shall provide tar roof and parking lot rain drainage to
the public stormwater drainage system or by an on-site system designed
to prevent runoff onto the adjacent property. STAFF CONTACT: Brad
Roast, Phone 639-4171.
5. The applicant shall obtain written approval from Unified Sewerage:
Agency of Washington county to connect to the sanitary sewer trunk
line prior to issuance of Public Improvement Permit. STAFF CONTACT:
Gary Al£Sall.
6. Seven (7) sets of plan and profile public improvement construction
plane and one (1) itemized construction cost estimate, stamped by a
Register Professional Civil Engineer, detailing all proposed public
improvements shall be submitted to the Engineering Division for-
approval.
orapproval. The public street between 130th and 135th shall be deoigned
to discourage high speed traffic. Two (2) sets of plan and profile
plans shall be submitted for preliminary review prior to sebmittal of
final plans. STAFF CONTACT: Gary Alfaon.
7. The proposed privately-operated and maintained parking lot and/or
roadway plan-profiles and cross section details shall be provided as
Vnart ng the public improvement plays. STAFF CONTACT: Gary Alfson.
r RfiSOLIIT IoN NO'.89-,2
PAGE 13
B. Street centerline monumentatiun shall be provided as follows:
a) Centerline ldonumentation
1) In accordance with Oregon Revised Statutes 92.060,
subeection (2), the centerline of all street and roadway
rights-of-way shall be monumented before the City accepts a
street improvement.
2) The following centerline monuments shall be set:
A) All centerline-centerline intersection points.
B) All cul-de-sac center points.
C) Curve points, beginning and ending points (P.C.'s and
P. T.'s).
b) Monument Bo::ea Required
1) Monument boxes conforming to City standards will be required
around all centerline intersection points and cul-de-sac
center points.
2) The tops of all monument boxes will be set to finished
pavement grade. ST.§F€ CONTACT; Jon Feigion.
9. The proposed paved pedestrian bike path along the north side of the
wetland shall be installed with a mi-:imam width of 8 feet and shall be
constructed to City standards. Plans for this pRth shall be submitted
prior to building permits. The City of Tigard shall obtain the
necessary permits from the Division of State Lands and the U. S. Arm,.
Corps of L+ngineers.
iO. uonstruation of the propuessd public improvz anto, i-clumdLng the path
noted in Condition 9. above, shall not commence until after the
Engineering Division has approved public improvement plans. The
Division will require a 100% performance assurance or letter of
commitment, a developer-engineer agreement, the payment of a permit
fee and a sign inetallation/streetlight fee. Also, the execution of a
street opening permit or construction compliance agreement shall occur
prior to, or cemcur=ently with the issuance of approved public
improvement plans.
11. The revised landscaping plan shall be submitted which is consistent
with visual clearance and buffering requirements in Chapter iS.100
and 18.102 of the Community Development Code. STAFF CONTACT: Keith
Liden.
12. An arbortst's report shall be submitted which outlines which trees
are to be preserved and the methods of which they will be protected
during and after construction. staff recommends that this be
i._ RESOLUTION NO-89-
PACE 14
accomplished with a field visit involving the developer, a staff
member, and the arho_-ist to adequately identify the trees. STAFF
CONTACT: Keith Liden.
13. Fencing with a minimum height of A feet shall be installed around the
drip line of all trees proposed for retention prior to any C'
construction, on the site. The fencing shall be inspected and approved
by the consulting arborist and the Planning Division prior to pe-mit
issuance. Any later land clearing work within the drip line shall be
performed by hand. A qualified arborist shall inspect the site at a
minimum of one time per week during construction to ensure that the
tree preservation program outlined in the above-mentioned arbori.st's
report is being followed. STAFF CONTA_.*T: Keith Liden.
14. Tree removal permit shall be obtained prior to any tree removal on (
the site. Removal permits will not be issued for trees designated for
protection in the approved arborist's report unless sufficient cause
is verified by the consulting arborist. STAFF CONTACT: Keith LIden.
15, A revised site plan shall be submitted for Planning Director's
approval which includes the following items:
a. vacation of the east-west local street in the vicinity of the
ns_rt.orn boundary of the proposed project.
b. Nine handicapped spaces within the development.
C. Turn radii and access requirements shall be revised to satisfy
Washington County Fire District standards.
d. A 30 foot building setback shall be provided along the eastern
boundary of the property south of the Summer Creek flood plain.
A minimum of a 20 foot building setback shall be provided along
the eastern property line to the north of the Summer Creek flood
plain. -
e. There shall be no encroachment within the identified wetland area
for either fill or construction with the exeption of path noted
in Condition 9. above. STAFF CONTACT: ReLth Liden.
16. The applicant shall comply with the letter of agreement dated November
29, 1986, between Cantron of Oregon and Brittany Square II with the
exception of item number 4 contained in that letter. Number 4 is not
enforceable by the City. STAFF CONTACT: Keith Liden.
Prior to an issuance of an occupancy permit for any new buildings on the site,
the following conditions shall be met to the satisfaction of the Planning
Division. STAPP CONTACT: Reith Liden.
17. All landscaping materials, permanent fencing, and other proposed site
Improvements shall be installed as per the approved landscaping and
site plans.
RESOLUTIon no.II9---�
PAGE 15
18. A sign hermit shall be obtained prior to the erection of an
z. identification sign. Sign lk'cation and size must be in accordance
with provisions of Section 18.114 of the Community Development Code.
STAFF CONTACT: Deborah Stuart, phone: 639-4171.
THIS APPROVAL SHALL BE VALID IF ES$RCISZD WITHIN OKS YEAR 8F THE FINAL APPROVAL
Dams.
t�
PASSED: This 10 day of April, 1989. -
Gerald R. Edwards, Mayor
ATTEST:
j6&vaaxa-A--dd&44**n, City Redder
Catherine Wheatley, Deputy
kl/edr88-25.cck
RRSOLUTICY NO.
PA" 26
i
saw- CITY yr LIvF+R+i, ...ti.^.^•.T
RESOLUTION NO. 85
A RESOLUTION ADOPTING FINDINGS PMENT R.$VIEh' Nyj •„+p►RIoAlFCE (Ryp 88-i-i6 ONSDR 88A
MINOR LAND PARTITION, SITE DEVELD
25, V 88-39) REQUESTED By SURTON E. GP,ABAORN (CENTRON).
partitionOregon
WiiEF.EAAS, Burt Grabhorn a and
Cennto two Parcels oCorp'7 have 83 and 17..36eacread for
to divide a 35.39 acre P lax on the southern 17,83 aces tract;
development of a 256 unit apartment comp
and
WHEREAS, the planning Division approved the above applications subject to
EA
conditions on Doc-ember 22, i9a8; and
}193ffiR.AS, the applicant appealed this decision to be l'ea'd by the Tigard
Planning Ctmajssion. On February 7, 1989, the C,ommirteion modified tine Planning
Division decision by deleting the requirement far a public east-neat. street but
retained all other onditions originally Prescribed by the Planning Division;
a
and.
. :fi3€A.�, at the applicant request, the City Council agreed to review the
Plan_.g _�iaslon decision as it partainrl to rigint-of-way dedication
street issue as
requiraxkents. The council also moved to review the east-west
well; and
WHEREAS, a public hearing was held before City Council on Hasrh 27, 1939, to
consider the Proposal.
now , TEREFORE, SS IT RESOLVED by the Tigard City Council that'
Section is The facts,proposal
oosafindingconsistent teria rased upon
aadcan conclusions noted below:
A. FACTS
1. General information
CASE: Minor Land partition (MLP 88-25), Site Development Review (SDR
86-25) and, Variance (V 88-39)
REQUEST. To ccnstrtict a. 266 unit apartment cnmplex on a 17.83 acre site
gyne compl will be located, on both 'idea of Summer Creek. A
minor land partition approval will divide the 35.39 acre parcel
into two Parcels of 17.83 and 17.56 acres- xtAlso, to vary t.he
line to 26 feet
Code building setback uired.thaeastern Zone Designation: R-25 (multi-
where 30 feet is raga
family, 25 units/acre).
RESOLUTION N,.89--D7
PAGE 1
COMPREHENSIVE PLAN DESIGNATION: Medium Nigh Density Residential
ZONING DESIGNATION: R-25 (Multi-family, 25 unite/acre)
APPLICANT: Cantron of Oregon corp. 011MER:
11080 SW Allen Blvd.
Beaverton, OR 97005
L3C-ATIOA. East of 135th Avenue, south of Scholls Ferry Road,
spanning Summercreek (WCTM 1S1 33DB TAX IAT 300)
2. Background IzafOrmation
The property Was annexed intO the City of Tigard in 1987. The
property was also involved in a local improvement district to improve
135th Avanue:. This property is subject to assessments as are other
VZOpertias in the area for this street project. No Other land use
aapplications have been reviewed by the City relating to this property.
The Blaming Division approved the above application on December 22, 1988
subject to conditions. The applicant appealed thin decision because of
cbjrct:Loas is several of the conditions. Also, the applicant amended the
application before the Commission to include a building setback variance
request.
3. Vicinity Information
Scholle Ferry Road and the City of Beaverton lie north of the subject
groperty. A church, a small acreage home site, and the Summerlake
dc:velopm:ent are to the northeast and these properties are zoned R-7 (PD)
(Residential, 12 units/acre, Planned Development). An approved preliminary
Plat for Brititany Squama IV has been approved for the property immediately
to the southeast which is zoned R-12 (PD) (Residential, 12 units/acre,
Pl€,xu;ed Development). Immediately to the south are earlier phases of
Brittany Sclua.r`e subdivision and this area is also zoned R-12 (PD).
immediatisly wrest is 135th Avenue and beyond are the number of developed and
undeveloped Pi:r_cels that are zoned R-25.
4. Site Informat inn and Prorso%al Deses'rsY ion
Summer Creek suns las an east-West direction through the southern portion of
the property a^rd a 100-yeas flood plain as well as a wetland and wildlife
habitat area have been identified on both aides of the crec-A. The area to
the south of the IOO-year flood plain is wooded an--J the area to the north
has been in agriculture use. There are no structures present on the
property.
+ RESOLUTION NO.89-
Q-7
PAGE 2
The applicant is first proposing to divide the property into two parcels of
17.83 and 37.56 acres. The southern 17.83 acre site w111 inc7ur7,+ ttie 266
unit apartment complex. The remaining 17.56 acres are located closest to
Scholls Ferry Road and are intended to be retained for future development_
The Site Development Review application applies to the 266 unit apartment
complex which consists of a combination of 1, 2, and 3 bedroom units,. This
development is divided into two sections with 96 units proposed on the
south side of Summer Creek and 170 units on the northern aide. Each half
was originally intended to have one separate access onto 135th Avenue. A
common activity center building and swimming pool are also proposed on the
northern portion of the development. In addition, a day care facility is
shown in thin northern section next to 135th Avenue. This day care has
received a separate Conditional r"E, approval from the Hearings Officer on
January 5, 1989 (Casa No. CO 88-11).
At the public hearing before the planning Cossmiscaion, the applicant
Presented a revised site plan for the northern section of thF apartment
complex which included two driveway entrances onto 135th Avenue. The
northern driveway Feada east between the two parnels proposed f_n the
partition. Two additional entrances are to be provided for the northern
Portion of the project and the day care facility from this driveway. The
applicant also indicated that this driveway could be extended in the future
to 130th Avenue and be made available for access to all abatting
d6velopment in lieu of a local public street.
S. Aaencr and NPO Comments
The Engineering Division has the following comments:
a. The submitted sites plan shows A proposed apartment complex consisting
of 96 units on the South side of Summer Creek and 170 units with the
adminiatration and recreational facilities on the north side of Summer
Creek, each with one access to 135th Avenue. Also proposed, as a
separate application, is a day care facility at the northwest corner
of the site with a separate access to 135th Avenue.
The proposed development is located on the southern portion of a
large parcel which is bordered by Scholls Ferry Road to the north and
130th Avenue to the east. This application propossas to partition the
apartment complex site from the larger parcel.
b. 135th Avenue is a City minor collector street and is currently being
fully Improved ty a focal Improvement District. The improvement® to
135th Avenue required realignment of 135th Avenue to the east at
Scholls Ferry Road, requiring additional right.-of-way ded3_ratic:a frcas
this parcel_
C. The City•e C4ftprehensive Plan Tr.autsportation Hap has identified the
need to extend 130th Avenue from Scholls Ferry Road to Winterlake
Drive. The portion from Scholls Ferry Road to Hawks Beard Street is
RESOLUTION N0.89- �7
PAGE 3
adjacent to this parcel. 130th Avenue is designated to be a minor
collector street requiring a 60-foot right-of-way width, an f „c
pavement width, with the asaociated improvit
amen". night-o€-way
dedication for 130th Avenue is necessary to provide for the
construction of 130th Avenue. The construction of 130th Avenue will
be rewired with the development of the adjacent Properties.
In addition to the, extension of 130th Avenue
collto provide the necessary
seat-west a est street network, City staff has identified a need for and
road from 135th Avenue to 130th Avenue.
d. Scholls Ferry Road is a state major arterial roadway, ,improvements to
Scholls Ferry Road Ara Currently being designed in conjunction with
the Washington County 14a.jcr Streets Transportation Improvement
program. 'tight-of-way for th$se improvements is ired to be 55
centerline.
feet from the centerline. Current right-o£-way irequs 30 feet from the
e. he Community Developmaent code Section 18.108.070 requires tha
apartment complexes with 50_100 units, t for two 24-foot widen driveways be
Provided with curba and sidewalk. For the 170-unit coamplex, three
driveways are required. One driveway has been proposed for each
complex.
The width of the southern apartment nt complex limits the ,ability to
have more than one access, therefore one access should be allowed,
provided the single access is modified to provide and increased
capacity.
f. The narrative submitted with the application indicated that the
roadways and parking areas within the coseplex are t0 be paved with 2
Inches of close 8 asphaltic
base. This concrete ovd.0-ver 2 inches of crusherock
velums read total thik
'thickness le inadequate. The parkareae reae and low
ways require a minimum of 2 1/2 inches of a class C
asphaltic concrete over 8 inches of baseroek.
g• 133rd Avenue, a City local street, is stubbed up ter the south property
line of the site from s residential subdivision.
from a high density to low density develo Typically, access
Therefore, access to 133rd Avenue from the a0a�eynt is not allowed.
pur=Umd as :Lu shown izi the submitted site o nt site will not be
barricade at the end of the ,existing 13.:3r'c, Avenue .,aa., bre=akaway type
allow access to the, apartment cexitplex for smarten r be required to
emergency vehicles.
h. The apartment Complex straddles Summer Creek, thee:- fere storm
drainage discharge is available. The 100-yeer flood plaint is defined
to be below the elevaL'ion of 175 feet at 235th Avenue.
I. A USA trunk. sanitary Sewer line exists along Summer Creek and the
apar't'rent coealslex proposes to connect into this line_
RES—TioN No.g9_;R
PAGE 4
Building Inspection Division, Tigard Water District, pG$, and General
Telephone all have no objections to the proposal.
Washington county Fire District No. 1 has the following commentsa
a. There should be an intertie to 133rd Avenue to a11Ow fes an emergency
access from the south.
b. There are a number of areas within the development where turning
radii are deficient. A minimum outside turning radius of 45 feet and
an inside radius of 24 feet should he provided in all locations.
Buildings R, P, and H all exceed the 150 foot access requirement to
all portions of the first floor of the atructurea. This situation
can be addressed by relocating the buildings or providing automatic
sprinkler protection to these buildinya.
d. Hydrants shall be located so that no portion of the first floor of a
non-sprinklered building is further than 2so feet from a hydrant. 1f
buildings are equipped with automatic sprinklers, then distances may
be extended to 500 feet. The hydrant locations on the plans should be
revised and resubmitted for approval.
e. Approximate available fire flow in the area is 2,780 gallons per
minute. Required fire flow for any hydrant shall not exceed this
amount. As these plans do not show the number of stories, aggregate
square footage between -fire :calls and type of const.".action, the plans
examiner was unable to deter=ine the required flow.
f. Prior ttx consideration of this case by thy- COMmiaeion, the District
submitted a letkar in support Of a local street between 130th and
135th Avenue.
NW Natural Gas Company comments that the applicant should be sure to
cca'PletO a set of construction drawings including an underground utility
plan is provided as soon as possible.
The City Park Board comments that a right-of_way for a public bikepath
between 136th and 135th Avenue should be retained through the Summer Creek
drainageway.
The Beaverton SchOOL District comments that it would anticipate 37 school
age students from the proposed development and that these students can be
accommodated at either McKay Elementary, Whitford Intermediate School, or
Beaverton Bigft school.
A letter was received signed by Terry Wasco representing the homeowners
south Of the subject property and Stephen J. Halsam representing the
developer (Cantron Of Oregon) agreeing to the d following conditions with
regard to the proposed apartment complex.
RESOLUTION
PAGE 5
A. The garages indicated on the aite plan on the southern portion of the
parking area will be built as approved by tun City of Tigard.
b. All natural vegetation, deciduous and fir trees will remain in a 30
foot buffer. The homeowners do realize that acme trees will have to
be removed for compliance with City Cade regarding grading.
C. Screening structure of a minimum of g feet will be attached to all
cart facilities to protect the adjoining households from
autcmobila ho Blights.
d. Asphalt speed bumps will be placed on the southern portion of the
parking area.
No other agency comments were received.
S. .FINDINGS AND CONCLUSIONS%
This application contains four portal the Minor Land Partition, the Site
Development Review, the access Variance, said the setback Variance.
1. Minor Land_Partition
Section 16.162.030 of the Community Development Code contains several
criteria which must be sarlef'..ed in order to approve a Minor :Land
Partition. These criteria require that the proposal conform with the
City's Comprshenaiva• Plan and implementing ord_imances, public
facilities and servicea are available to the site, the proposed lots
conform with the site and dimensional requirements of the Code, and
all proposed improvements will meet city and applicable agency
standards. The Council finds that this proposal is consistent with
these criteria subject to the condit�..ons listed in Set-tion C below.
It is the applicant's contention that the right-of-way dedication
requirements along the Scholls ferry Road add 1304th Avenue frontage is
Inappropriate and premature. However, the Council finds that such a
requirement is called for by the Code in Sec-,tions 18.26.030 and
18.164.030. Section 16.26.030 defines "development" to include
..dividing land into two or more parcels, including partitions ...-
and Section 16.164.030 requires that additional right-of®way be
dedicated an abutting streets in accordance with an "approved street
plan-. A dedication of 30 feet from centerline should be dedicated as
a condition of approval. The additional right-of--way needed to ge
around kris 84-97 of Summerlake subdivision should be purchased by the
City at the time of development of the proposed northern parcel.
Scholls Ferry Road is designated as An arterial street and 130th
Avenue as a minor collector street on the City's Transportation Map
which Is adopted as part of the Tigard ComVrehensive Plan. Code
rAmOLuTION NO.Fig- Z#-�
PAGE 6
Section 18.164.030(e) requires a minimum right-of-way width for
arterials of 60-90 feet and 60 feet for minor collectors: Also, the
improvements scheduled for Scholle Ferry R°,ad were approved by the
voters as part of the Washington County Major Streets Transportation
lmprovemsnt Program. The design of these Improvements, including the
ilo foot wicks right-of-way, ,a____ beer. reviewed In public meat:+-ngs
through the environmental hearing process sponsored by the State
Highway Division.
2. Site Develop ent Review
The proposed apartment complex to be located on tha southern parcel
In consistent with City standards and the Cz=munity Developani: Code
relating to allowable density (266 units propcscd, 366 units
permitted), building height, lot coverage, and vision clearance.
Additional discussion is warranted pertaining to parking, the watland
and wildlife habitat area, the public pedestrian pathway, landscaping,
the written agreement between the developer and the homeowners, vision
clearance, as well_ as Plan policies 3.4.2, 3.5.3, 3.5.4, and 8.1.1.
a_ Parking
The site development plan proposes a total of 447 parking spaces and
the CDC requires that 443 be provided. Also, of the required parking
spaces, 266 should be covered. This number of carports is proposed.
The only deficiency relative to parking is the lack of any provisions
for handicapped parking spaces. one such space must be provided for
every 50 required parking spaces. This would result in the need to
incorporate 9 handicapped parking spaces as pati of the 447 spaces.
it is suggested that. thase spaces be concentrated near the common
activity areas such as the awl—ing pool.
b. Wetland and Wildlife Habitat Area
The wetland and wildlife habitat area has been identified in the
Comprehensive Placa and specific boundaries have been determined by a
wildlife biologist which are shown on the site plan. With some
exceptions shown in the grading plan, no development or earth moving
is proposed in this area. Comprehensive Plan Policy 3.4.2 requires
that no development take place within a wetland. in addition, because
of the open space element of the Plan, which is reflected in Plan
Policy 3.5.3, this area La to be dedicated to the public for grcenway
purposes. The grading plan should be amended so that no grading takes
place within this identified wetland/flood plain area.
The applicant indicated j, desire to retain owaaershlp of the 100 Year
wetland/flood plain area. The Council finds this request to be
Inconsistent with Plan Policy 3.5.3 and also, saparate, private
ownership of this area would crea:ca four individual parcels that
necessitates a subdivision rather than a partition approval.
RBSCi.UT1CN NO.89-,2-7
PAGE 7
C. Pedestrian Pathway
The applicant has shown a public pedestrian bikepath along the
northern edge of the wetland area extending from the eastern boundary
to 135th livens_ This pathway is called for in the Comnrehenaive Plan
by Policies 3.5.3 and 3.5.4. Because this facility is an open space
amenity and the amount of fill required to install the path is
negligible, a Sensitive Lands permit is not required. In addition,
the consulting biologist for the applicant has indicated that a Cup.
of Engineers permit is also not required. The need for any possible
permits through the corps of Engineers of Division of State Lands
shall be verified by the atarf. The plans submitted by the applicant
do not indicate any connections between the 8 foot side public path
and any of the sidewalks within the development. The Council
racommands that zeveral connections be provided to allow for adequate
access to the public pathway from the northern portion of the
development.
d. Landscaping and Buffering
The proposed landscaping pian conforms with code requirements for
minimum amounts of landscaped area, street trees, trees within
Parking areas, and buffering along property boundaries. The success
of this plan will depend primarily upon the ability to preserve the
existing fir trees on the south part of the propo ty.. The proposed
landscaping plan Lrdicates that the trees along the southern boundary
of the property will be preserved between the property line and the
proposed buildings and parking areas. In order to ensure that the
maximum number of existing fir, trees can be preserved, an arborist•s
report should be presented as part of the final landscaping plan for
staff approval. This report should indicate the methods to be used to
preserve the trees and to ensure their survival during and after
construction. After it is determined which trees can be preserved,
they should be protected at a minimum by fences during the
construction phases and the arborist should be available to make
periodic inspections of the site during construction. In order to
meet the agreement between the developer and the homeowners to the
south, the landscaping plan should include preservation of all natural
vegetation and deciduous and fir trees within 30 feet of the southern
property line.
e. Homeowner/Developer Agreement
The letter of agreement noted above between the homeowners of
Srittany Square II and Centron of Oregon indicated four conditions
that should be met by the developer during the construction of the
project. Of the four, three are items that can be required by the
City. Those include construction of the garages or carports as
indicated in the site plan, preservation of natural vegetation within
30 feet of the southemn property line, and provision of a structural
screen th--�ya-�fit is a minimum of 5 feet to be mounted ora all carports to
i Pzsou miom azo.ag- 7�
PAGE 8
protect houfieholds from automobile headlights. The one item that
cannot be required through city code is provision of asphalt speed
bumps. The enlorcement of this condition will rest between the
homeowners and the developer.
f. vision clearance
The proposed landecaping plan does interfsre with vision clearance at
driveway intersections. The Community Development code states that
areas within a 30 foot triangular area on either aide of the driveway
exists must not have obstructions that are over 3 feet in height. The
landscaping elan indicates that there will be a number of evergreen
traos and shrubs that would be over this height and would be within
the 30 .foot triangle. The plan should be amended so that viaion
clearance requirements can be satisfied_
3. Access Variance and Traffic circulation
Sections 18.108.070 of the Community Development Code requires that the
southern portion of the development have two driveway accesses and
that the northern portion of the development have three access points.
The propossl shows one access for the southern segment and one coffin
driveway for the northern half between the two proposed parcels.
This comm northern driveway will have two entrances to the apartment
complex as shown on the applicant's site plan which was amended
following the Planning Commission hearing. Section 18.108.250
contains variance criteria through which the Council can grant
variances to the access requirements of this Chapter.
The southern half of the project has limited frontage along 135th
Avenue and the establishment of two driveways with sufficient spacing
between each would be extremely difficult If not impossible. 133rd
Avenue terminates at the south end of the property boundary but due to
the single family development that exists to the south, opening this
access would be inappropriate. In order to meet the desires of the
Washington county Fire District, conditions of approval will include
that an emergency only access of approximately 12 feet In width be
provided from the terminus of 135th Avenue Into the project. This
access should be 1—ccated in a manner that preserves the maximum number
of trees. Because of the limited amount of frontage on 135th Avenue
and the provision of, an emergency access, the variance to access for
the south part of the project appears to be justified. This driveway
will be across 135th Avenue from another apartment complex driveway.
The driveway for this project should either be directly oppcolte from
the existing driveway or have a sufficient offset so as not to pace a
traffic hazard for vehicles ertering or exiting either site.
The northern portion of the apartment development is intended to be
served by two driveways onto 135th Avenue as shown on the amended site
plan. When reviewing the proposed access for the northern portion of
this development, it is important to also consider the development
potential and future access for other abutting properties, mainly the
RrssoLaTIoy no-ag—a7
PAGE 9
17.56 acre parcel to the north of the apartment project as well as the
property zoned ate.-12 (PD) which lies immediately to the east. In
evaluating the access situation :for the6> pZ-opsrties, Comprehensive
Plan Policy 8.1.1. applies:
The City shall plan for a safe and efficient roadway systems
that masts current needs and anticipated future growth and
development.
In addition to the 170 units proposed to the northern portion of this
project, the remaining parcel which is subject of the proposed
panic:ion has R development potential of approximately 435 residences
and the adjacent eaetarn parcel gorxed R-12 (PU) has a potential for 90
residential units in the area no.L-C.h of Summer Creek. schen this
project is viewed in conjunction with the development potential Of
these abutting parcels (the number of required access drives will vary
depending up"n the method in which these properties are developed), It-
:is
tis clear that a minimum of 10 driveways access points would be
required in order to meet Section 18.108.070 Of the CTic. In addition,
18.108.060(n) discourages direct access to arterial and collector
etreetS.
This raises the question as to how driveway access will be provided
for -this project as well as the aLbutting properties when they develop.
Street- access in presently available on 135th Avenue, Soholls Perry
Road, and in the future on 130th Avenue. Although there is .a
considerable amount of frontage, access is limited in the following
manner:
a. Scholln Perry Road is under the State Highway jurisdiction and
the Division has a policy of discouraging the creation of new
driveways onto this road. Although an individual driveway access
would be possible, it ie not likely and it will not be permitted
If othor options are available.
b. 135th Avenue will have limited access within 350 feet of the
Scholls Ferry Road intersection in order to provide for turn
lanes and safe traffic flow as drivers approach the intersection.
Driveways wVzhin 350 Zest of this intersection will cremate
unwanted turning movements.
c. 130th Avenue has not been built but it also le designated as a
minor collector in the City's Comprehersivo Plan. As a result,
the same limitations that apply to 135th will be present on 130th
as it is developed. Because of the functional classifications of
Schollsa Ferry Road, 135th Avenue, and 130th Avenue and the
distances between street intersections, it appears that the
maximum number of driveways which could be allowed fcr this
development plus the abutting properties mentioned would total
approxia.ately 5 or 6.
PZSOLUTION no.sg-Q F
PAGE 10
The creation of an east-west local atcoat, as recommendeti by
staff, would enhance traffic circulation within the nelyhlauz liuod
and allow for improved accasa to 6ummerl.ake Park which !Leo to
the east. The adopted park plan calls for improvements to
Summerlake Park as a community park, with vehicular access
primarily from 130th Avenue/Winterlake Drive. The park will be
traffic generator, attracting traffic from the residential areas
along 135th Avenue. currently, Brittany Drive is the only direct
connection between 135th and 130th. Brittany Drive is a local
street through a single-family residential area. Therefore, it
:is desirable to have an alternative connect-Ion to serve the
multi-family residential area south of Scholls Perry Road.
Based upon the discussion above, the Council concludes that a
local street should be provided along the northern boundary of
the proporood daval..r...,.nt with the intent that future extensions
will take place in conjunction with additional development.
Right-of-way dedication for this street should be made part of
the minor lend partition approval and the actual improveiant of
the street should occur simultaneouely with the development of
the adjoining parcols. This condition will require a revision of
the site plan for the northern portion of the da7elopment. A
minimum of three driveway accesses onto 135 ,h Avenue and the new
east-west local street should be provided wYth this development.
4. Setbacks Variance
All the aonlicable setbacks for this proposal are consistent with code
requirements with the exception of ;she proposed 20 foot setback north
of Sumner Creek along the eastern boundary of the property. Section
18.56.050 of the Community Development Code (CDC) requires a 30 foot
building setback when an apartment complex of this type abuts a wore
restrictive zoning district. Since the R-12 zone abuts the subjects
property on the east and south, a 30 foot setback is required along
those property boundaries.
The applicant has requested that a setback of 20 feet be allowed from
the eastern property line that is north of Summer Creek, while
rear-ming the required 30 foot setback along the remaining eastern
boundary. The affected property owner testified that he had no
o'•5jection to this request.
The previous Planned Development approval (PD 88-01) for the abutting
eastern property included an 1.1 lot single family residert-lal
subdivision south of the Sxmmor Creek flood plain and a future multi-
family development of approximately 90 unito north of the flood plain.
Because of the similarities between this future project mad the
development proposed in this application, the additional 10 of setback
area is not necessary, north of the flood plain. 'The primary, purpose
of the 30 foot setback is to provide adequate: separation between
single family and multi-family residences. This purpose will be met
r
RESOLUTION N0.89- QJ
PAGE 12
by maintaining a 30 foot setback from the south and southeast
property boundaries.
Section 2: The City Council APPROVES HLP 88-16 subiect to the follmoing
conditions which shall be met prior to recording the minor land
pa.-tition with Washington County.
1. The legal description and survey maps shall be submitted for City
approval. STAFF CONTACT: Jon Feigion, Phone 639-4171.
2. Additional right-of-way shall be dedicated to the Public along the
135th -wenuo frontage as shown in the 135th Avenue LSD construction
plans prepared by Robert E. meyer Consultants, Inc.. The 3adicat;ion
document shall be on city forms and approved by the Engineer Division.
Dedication forms and instructions are available from the Engineering
Divjr.ja... STAFF C--.'.TA--Ti Jon. ce,iglun.
3. The applicant shall develrvp a method acceptable to the City for
dividing the asst-.scan from the 135th Avenue LII) between the
individual lots. STAFF CONTACT: Gary Alfson, Phone 639-4171.
4. Additional right-o£-way shall be deeded to the State along the Schalls
Ferry Read frontage to increase the right-of-way to a width from the
centerline that is deemed necessary by the State Highway Division.
The description shall be tied to the existing right-of-way centerline.
STAFF CONTACT: Jon Feigion.
5. Right--of-way shall be dedicated to the public along the 130th Avenue
frontage to increase the right-of-way to 30 feet along the eastern
property line of the northern parcel.. The description ohall be tied to
the existing right-of-way centerline. The dedication document shall
be on City forms and approved by the Engineering Division. Dedication
forms and instructions are available from the Engimaering Division.
STAFF COKTA T: Jon Feigion.
: . Right-of-way shall be dedicated to _he public for a street between
135th Avenue and 130th Avenue. The right-of-way shall extend 2G feet
on either side of s. centerline for a total width of 50 feet. The
right-of-way shall be aligned so as to be accessible to both parcels
created by the land partition. The centerline may be establiuhed to
follow the property ]Line between the subject property and Tax Lot :LOO
of Tax Hap ISI 3300, however, it shall be ourveliasar where possible.
The alignment shall be apprcved by the Engineering Division. At 130th
Avenue, the centerline shall align, with the existing centerline of
Hawks Beard Street. The dedication document shall be an City forms
and approved by the Engineering Division. Dedicatian forms and
Instructions are available from th• Engineering Diviaion. STAFF
CONTACT: Jon Feigion.
RESQLUTION No.84-.7
PAGE 12
Section 3: The City u,uncil APPROVES SDR 88-25/V 88-39 subject to the
following c,—ditions. Conditions #1 - #10 shall be satisfied
prior to issuance of building permits. Conditions #11 - #15
shall be satiufied prior to issuance of site work permits.
1. Tha southern apartment complex access shall be improved to provide
increased capacity since only one access is to be used instead of the
two required. Improvements shall consist of widening the access at
135th Avenue to 28 feet, curb to curb, and constructing 20-foot radius
curb returns on either side of the access. The apron shall be
lengthened to decrease the slope from the gutter to the right--of-way
line. STAFF CONTACT: Gary Alfson, Phone 639-4171.
2. The area below the 100 vear flood mein sal=nation shall hie .sdinated
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 (Authorityt Tigard
Municipal Code, Chapter 18.90) prior to issuance of a building permit.
STAFF CONTACT; Jon Feigion.
3. A permit or evidence demonstrating compliance with State, Federal, and
local environmental regulations shall be obtained by the applicant and
a copy shall be provided to the City (Authority: Tigard Municipal
Cads. Chapter 18.90) prior to issuance of a building permit. STAFF
CONTACT: Reith 7Liden, Phone 639-4171.
4. The applicant shall provide for roof and parking lot rain drainage to
the public atormwater drainage system or by an on-este system designed
to prevent runoff onto the adjacent property. STAFF CONTACT. Brad
Roast, Phone 639-4171.
S. The applicant shall obtain written approval from Unified Sewerage
Agency of Washington County to connect to the sar:itrary sir- ,--
11ma prior to Issuance of Public Improvement Permit. ,STAFF CONTACT:
Gary Alfson.
6. Seven (7) sets of plan and profile public lzprovement construction
plans and one (1) itemized construction cost estimate, stamped by a
Register PrOfeseional Civil Engineer, detailing all proposed public
iaprc:vemsnts shall be submitted to the Engineering Division for
approval. The public street between 130th and 135th shall be designed
to discourage high speed traffic. Two (2) sets of plat2 and profile
PIP-no shall be submitted for preliminary review prior to submittal of
final plans. STAPP CONTACT: Gary Alfson.
7. The proposed privately-operated and maintained parking lot and/or
roadway plan-profile and cross section, details shall be provided as
part of the public improvement plans. STAFF CONTACT; Gary Alfson.
RzsaLuT:roH wo.89-
PACS 13
e. Street centerline monumentation shall be provided as follows:
a) Centerline Monumentation
1) Zit accordance with Oregon Revised Statutes 92.060,
subsection (2), the centerline of all street and roadway
rights-of-way shall be monumented before the city accepts a.
street improvement.
2) The following centerline mcnu.:'ants shall be sat:
A) All cenaerline--centerline ia:terseetion points.
B) All cul-de-sac center points.
C) Curve points, beginning and ending points (F.c.'a and
P. T.'&).
b) Monument Boxes Required
1) Monument boxes conforming to city standards will be required
around all centerline intersection points and cul-de-sac
center poiuts.
2) The tops of all monument boxes will be set to finished
pavemens, grade. STAFF C ONTAU-7: Jon Feigion.
9. The proposed paved pedestrian blke path along the north side of the
wetland shall be installed with a minimum width of 8 feet and shall be
constructed to City standards. plane for this path shall be submitted
prior to building permits. The City of Tigard shall obtain the
necesaary permits from the Division of State Lands and the U_ S. Army
Corps of Engineers.
10. construction of the proposed public Improvements, including the path
noted in Condition 9. above, shall not comnence until after the
Engineering Division has approved public improvement plans. The
Division will require a 100% performance assurance or letter of
commitment, a develcper-snglneer agreement, the payment of a permit
fee acrid 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 approvsad. public
Improvement plans.
11. The revised lasidscaping plan shall be submitted which is consiatent
with visual clearance and buffering requirements in chapter 18.100
and 19.102 of the Community Development Code. STAFF CONTACT: Keith
l idea.
12. An arborist's report shall be submitted which outllnes which trees
are to be preserved and the method& of which they will be protected
during and after construction. staff reconaaends that this be
l PxsoLuTIou NO-89- :1-7
fPAGE 14
accomplished with a field visit involving the developer, a staff
member, and the arbcrist to adequately identify the trees. STAFF
CONTACT: Reith Liden.
13. Fencing with a minimum height of 8 feet shall be installed around the
drip line of all trees proposed for retention prior to any
construction on the site. The fencing shall be inspected and approved
by tha consulting arboriet and the Planning Division prior to permit
issuance. Any later land clearing work within the drip line shall be
performed by hand. A qualified arborist shall inspect the site at a
minimum of one time per week during construction to ensure that the
tree preservation program outlined in tho above-mentioned arborist's
report is being followed. STAFF CONTACT: Reith Liden.
14. Tree removal permit shall be obtained prior to any tree removal or
the site. Removal permits will not be issued for trees designated for
protection in the approved arborist's report unless sufficient cause
is verified by than consulting arborist. STAFF CONTACT: Reith Liden.
15. A revised site plan shall be submitted for Planning Director's
approval which includes the following items:
a. Location of the east-west local street in the vicinity of the
northern boundary of the proposed project.
b. ;Sine handicapped spaces within the development.
C. Turn radii and access requirements shall be revised to satisfy
Washington County Fire District standards.
d. A 30 foot building setback Shall be provided along the eastern
boundary of the property south of the Summer Creek flood plain_
A minimum of a 20 foot building setback shall be provided along
the eastern property line to the north of the Summer Creek flood
plain.
e. There shall be no encroachment within the identified wetland area
for either fill or construction with the exeption of path noted
In Condition 9. above. STAFF CONTACT: Reith Liden.
16. The applicant shall comply with the letter of agreement dated. November
29, 1988, between Centron of Oregon and Brittany Square lY with the
exception of item number 4 contained in that letter. Number 4 is not
enforceable by the City. STAFF CONTACT: Reith Liden.
Prior to an issuance of an occupancy permit for any new buildings on the site,
the following conditions shall be met to the satisfaction of the Planning
Division. STAFF CONTACT: Reith Liden.
17= All landscaping materials, permanent fencing, and other proposed site
improvementa shall be installed as per the approved landscaping; and
site plans.
e '`�7
RESOLUTION No.89-c=>
PAGE: 1,
18. A sign permit shall be obtained prior to the erection of an
identification sign. Sign location and size must be in accordance
with provisions of Section 18.114 of the Community Development Code.
ST"F CONTACT: Deborah Stuart, phones 639-4271.
THIS "PliOVAL 811AL. H8 VALID IF $I=ISBU WITHIN ONE YEAR OF THE FINAL APPROVAL
DATE.
h
PASSEDs This 10 day of April, 1989. _
Gerald R. Edwards, Mayor
ATTESTS
�r(.-UI2E�'C,troat j� C_L'�_A? ,ice
46@n, City Pecbsder
Catherine Wheatley, Deputy
kl/sdr88-25.cck
r PXSOLUTIOS mo.89-cam
PAGE 16