Resolution No. 90-71 CITY OF TIGARD, OREGON
RESOLUTION NO. 90--/?/
A RESOLUTION CONCERNING A CITY COUNCIL DECISION WHICH REVERSES A PLANNING
COMMISSION DECISION AND DENIES AN APPLICATION FOR A SITE DEVELOPMENT REVTKW,
PLANNED DEVELOPMENT, AND VARIANCE (SDR 90-0004/ PDR 90-0002/VAR 90-0007)
REQUESTED BY TRIAD DEVELOPMENT, INC..
WHEREAS, the above application was submitted for apprcvnl by the Planning
Commission; and
WHERRAS, the Commission reviewed the application at a public hearing on MAY S,
1990; and
WHEREAS, the Commission approved the application subject to conditions,
including the closure of S.W. 109th Avenue south of S.W. Naeve Street as well
As a portion Of S.W. 109th near the northeast portion of the development; and
WHERZAS, the Tigard City Council elected to review the Commission decision at;
another public hearing as provided by Section 15.32.310 of the Community
Development Code; and
WHEREAS, the City Council reviewed the Commission's decision at a public
hearing on June 25, 1990 and the Council decided to remand the application to
the Planning Commiesion for further considermtion; and
WHEREAS, an aacanded proposal was reviewed by thfa Planning Commission at a
public hearing on September 4, 1990; and
WHEREAS, the Commission approved the application subject to conditions,
including the creation of a roadway connection for emergency access only
between S.W. Naeve Street and the section of S.W. 109th Avenue to the south;
and
WHEREAS, this decision was appealed by Neighborhood Planning Organisation No.
ba and
WHZREAS, the City Council reviewed this appeal and other public testimony at a
public hearing on October 22, 1990,
NOW THEREFORE, BE IT RESOLVE-D by the Tigard City Council that:
Section 1: The Planning Commission decision is reversed and the application is
DENIED.
Section 2: This decision is based upon the facts, findings, and conclusions
noted below:
Ry -,UTION NO. 90--/j PAGA 1
A. FACTS
General Information
CASE: Planned Development PDR 90-0003
Site Development Review SDR 90-0004
variance 90-0007
REQUESTS Planned Development detailed review/Site Development Review of
a plan for development or a Z64 unit, 17 building multi-family
residential complex on a 27.2 acre property. Also requested
is a variance to allow a maximum kcal street grade of 15%
where a maximum grade of 12% is allowed.
APPLICANT/ENGINEER: Ramps Associates, Inc.
3681 !SW Carmen Drive
Lake Oswego, OR 97035
ARCHITZCT: Driscoll Architects
2121 First Avenue, Suite 102
Seattle, WA 98121
OWNERS: Triad Tigard, Ltd. Partnership
320 Andover Park East
Seattle, WA 98138
LOCATION: North of Naeve Street, west of SW 209th Avenue,
south of the Little Bull mountain A.partneents (WCTM
2S1 10AD, Tax Lot 9300; WCTH 2S1 IOAC, Tax Lots 500,
700, 800, 900; WCTH 2S1 IODR$ 'lax Lots 100 and 200).
PLAN DESIGNATION: Medium Density Residential (23 ac=es)
Medium-RIgh Density Residential (4.2 $tree)
ZONING DESIGNATION: R-12 (PD) (12 units/acre--Planned Development
overlay) (23 acres)
R-25 (PC) (25 unite/acre-Planned Development-) (4.2
acres)
2. Backcrocaad Information
The subject; parcels have beer. involved in a number of City of Tigard
land use and development applications since annexation in 1981. 'prior
to annexation, the parcels were designated by Washington County with a
zoning designation of RU-4 (Residential, 4 Unita/acus).. City of Tigard
Comprehensive Pian Revision CPR 1-81 approved redesignation of the
parcels from Low Density Residential to Medium Density Residential and a
zone change to R-12 (Residential, 12 urita/acre). The Planned
Devxslopment (PD) overlay zone was added to the requested R-12
designation so that all development proposals for the properties would
be required to be reviewed by the Planning Cammiasion.
R :.Un-ON NO. 90--:�' PAGE 2
i
1n December, 1986, the Tigard City Council gave conditional approval to
the Albertson's Comprehensive Plan Amendment for changing the Plan
designation of several properties located at the southeast corner of
Durham Road and Pacific Highway. This approval redesignated these
properties from High Density Residential to General Commercial. The
result of this decision was the removal of the opportunity for
approximately 400 potential multi-fancily housing units from Tigard's
inventory of vacant, buildable land. The _€etropolitan Housing Rule
(Oregon Administrative Rules, Chapter 6GO, Division 7), requires that
Tigard provide a housing opportunity for at least 50 percent multi-
family units and a net minimum housing density of 10 dwelling units per
acre on vacant buildable land within the City's Urban Planning Area.
The Albertson's CPA was granted on the condition of redesignation of
sufficient residential land to higher densities to make up for the
housing opportunity shortfall created by the decision. Several sites
throughout the City, including Tax Lot 200, were considered for
increased residentiaa _analties to make up for the housing opportunity
shortfall created by the Albertson's decision. The w8storn half of Tax
Lot 200 and the parcel to the west were proposed for Plan/Zone
redesignation from Medium Dert'_ty Residential/R-12 (PD) to Medium-131.gh
Density Rssidential/R-25 (PD) (Comprehensive Plan Amendment CPA 87-
07(G)/Zone Change ZC 87-02 (G)). No change in designation was proposed
for the eastern half of Tax Lot 200 or the other parcels that are the
subject of the current- application. Redesignation of the western half
of Tax Lot 200 and the adjacent parcel was approved by the City Council
on April. 13, 1987,
In April, 1989, the owners of Tax Lot 200 requested a Plan Map Nmendment
from Medium Density Residential to Medium-High Density Residential, and
a Zone Change from R-12 (PD) (Residential, 12 units/acre, Planned
Development) to R-25 (PD) (Residential, 25 units/acre, Planned
Development) for the eastern 4.2: acres of that parcel (Comprehensive
Plan Amendment CPA 89-02/Zone Change ZC 89-02). After review by the
staff and Planning Commission, the City Council denied the proposed
Planners Amendment/Zane Change on April 24, 1989. No other applications
regarding that property have bean reviewed by the City of Tigard.
Tax Lot 100, which is located at the northwest corner of the
intersection of Sw Naeve Street and SW 109th Avenue, was the subject of
a Subdivision/Planned Development review by the Planning CSJAmieaion on
June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01). That
application requested Planned Development detaiied plan approval and
subdivision preliminary plat approval to divide the approximately 10,3
acre parcel into 60 lots intended for single-family residential
development. The proposed subdivision would have included a north-south
street running through the approximate center' of the parcel with
connections to SW 109th Avenue, as well as to the property to the west.
SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the
northern end of the subdivision. SW 109th was to be improved to local
street standards and have a number of single-family lots fronting on. it.
The proposed subdivision was approved by the Planning Commission but has
R: :.UTSON No. 90- /) PAGE 3
yet to be recorded.
Also on June 6, 1989, the Planning Commission reviewed a proposal for
Planned Development/Site Development Review approval of a request to
construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of
the previously described proposed subdivision (Planned Development PD
89-02, Site Development Reviiaw SDR 89-06, Variance V 89-20). The
Planning Commission approved the proposed development plan which
Included a cul-de-sac bulb at the end of the northern se ment of SW
109th Avenue, approximately 250 north of the cul-de-sae. bulb approved
for the single-family subdivision. The proposed dual cul-de-sacing of
SW 109th Avenue was intended to provide a separation between the
predominately multi-family residential character on the top half of
Little Bull Mountain from the primarily single-family residential
character of the neighborhood along the south slope of Little Bull
Mountain and the properties to the south. The Plannli.g Commission'a
final orders for both the subdivision and apartment proposals, however,
noted that if either. of the proposed developments did not occur as
proposed, it would be necessary to re-evaluate the road patterns in this
area.
In September, 1989, the Planning Commission was presented with a recuest
to reconsider the application for the proposed 72 unit apartment complex
because a significant number of neighboring property owners that were
entitled to notice of the public hearing on the matter did not receive
notice and did not have the opportunity to testify before the
Co=misslon. The City Attorney's office reviewed this request and
advised staff that the request be placed on the Commission's November 7,
1990 meeting agenda. The applicant, Terry Cook, requested that the
hearing for reconsideration be indefinitely postponed until the
applicant determined whether to pursue the application further.
On May 8, 1990, the Planning Commission approved,subject to conditions,
an application submitted by Triad for a 364 unit apartment development
on the subject property. This decision was called up for review by the
City Council. The decision was also appealed by an abutting property
owner. At a public hearing on June 25, 1990, the Council decided to
remand the application to the Planning Commission for further
consideration.
A revised application was submitted which contained two alternative
street designa th=_t are discussed in more detail .,c ow. The-
reviewed this amended version of the proposal on September 4, 1990 and
decided to approve the application subject to conditions. The street
design included the opening of the north section of 109th Avenue near
the north:aast corner of the subject property and an access for emergency
vehicles only between Naeve Street and 109th Avenue near the southeast
corner of the project.
R LUTTON NO. 90-_21 PAGE 4
Waighboncacd Plarnir..g organization appealed the Commission decision to
ble reviewed by the Council. This appeal and the development application
.. are the subject of this final order.
No other land use or development applications have been reviewed by the
City for Tax Lots 600, 700, a.nd 800.
3. Vicinity Znformatinn
The development pattern in the area of the subject sitcA consists of
existing duplexes and a 130-unit multi.-family development to the north;
a candominium development to the northeast, single family residences and
a nursery on large lots to the east, an undeveloped parcel covered with
tall fir trees to the west; Pacific Highway and Ringer City further west;
and the Summerfield planned community to the south. The existing zoning
pattern in the area is illustrated on Exhibit One.
The subject property has approximately 840 feet of frontage on SW Naeve
Street. SW Naeve Ftreet is designated as a minor collector street by
the City's Transportation Plan Map, SW Naeve Street is generally
aubstandard in widt;- and state of improvements, with the exception of
the frontage of the Fountains at Summarfield development to the south.
calf-street improvements, including approximately 30 feet of pavement,
curbs, a sidewalk, and streetlights have been installed along the
Fountains frontage. Pacific Highway, a 4-lane divided arterial, is
located approximately 500 feet west of the subject property. A left-
turn lane is provided for southbound traffic onto SW Naeve StrOet. The
inters(?CtiOn of SW Naeve Street and Pacific Highway is not signalized.
The subject parcess have approximately 1,500 feet of total frontage
along the alignmezft of SW 209th Avenue, SW 109th Avenue, north of the
intersection with SW Naeve Street, is a steep gravel road extending
approximately 1,200 fret 'to a dead and. Approximately 200 fees further
north beyond this dead end, the northern segment of Sw 104th Avenue
continues. This northern section of SW 104th Avenue extends northward
to Canterbury Line. The subject properties have approximately 100 feet
Of frontage along tW s northern section of SW 109th Avenue. SW 104th
Avenue is classified as a local street by the Transportation Plan Flap.
Also, the northwest portion of the site has approximately 360 feet of
frontage cn SW Pacific Highway, Ido improvements are proposed along that
site frontage.
4. Site information and. 7Protc5a1 oeecriotion
The subject 27.2 acre property until recently contained houses on ':ax
Lota 200, 700 800, and 9300. The remainder of the property is vacant,
covered with a combination of tall fir treesr lower deciduous trees and
brush. The property slop2s predominantly to the southwest at varying
gradas.. Approximately 0.8 acres on tax lets 600, 700, and 800 has a
slope of greater than 25 percent.
The applicants propose to develop a 364 unit apartment cc=plex on this
I, LJT1oN rdo. 90--2- _ PAGE 5
site. The development would include 120 one-bedroom, 148 two-bedroom,
and 96 three bedroom units for a total of 364 units. All buildings
would be two stories tall. Also proposed would be a recreation
building located near the center of the site, approximately 460 feet
north of Sw Naeve Street. A gymnasium, pool, playground areas, and
walking path are proposed to provide recreational facilities fur the
proposed dev�alopnent. The areas of tax lots 500, 700 and 800 would not
include any new improvements.
Parking would be provided by 701 total parking spaces consisting OR 368
covered larking spaces (combination of garages and under apartment
buildingo), 14 designated handicapped parking spaces, and 319 other
uncovered spaces. The development would be served by one 36-foot wide
primary access driveway from SW Naeve Street, as well as four 36-foot
wide access driveways onto Sw 169th Avenu . The internal roadway system
would connect these driveways along the primary roadway extending
northward through the site. A network of five-foot wide sidewalks
would be provided along the primary roadway and between parking areas
and residential buildings. A north-south soft surfaced pathway would
also be provided through lands.,aped and tree covered area on the eastern
portion of the site.
The praliminary landscaping pian shows existing trees that are proposed
to be retained. The area along SW pacific Highway on tax lots 600, 700
and 800 is to be left with the existing vegetation. The landscaping plan
calls for removing underbrush and planting lawn and a variety of bushes
and trees throughout the site to create a park-like appearance on the
aite3. The landscaping plan shows cross sections of proposed perimeter
buffer material arrangements and lists plant materials. A painted chain
link fence would be included in the buffer areas.
The site plan notes a 5-foot wide right-of-way dedication along SA' 109th
Avenua and construction of three quarter street improvements including
pavement, curb and sidewalk. The plan would connect the paved northern
section of SW 109th with the currently unpaved central section of SW
109th. The site plan also notes a 10-foot wide right-of-•way dedication
along SW Naeve Street as well as construction of three quarter street
improvements.
In order to address the concerns expressed during the previous hearings,
the applicant submitted _ revised site plan that• features a slight
adjustment of building locations to accommodate a realignment of 109th
Avenue and :Naeve Street in the southeast corner of the property.
Two SW 109 Avenue/SW Naeve Street alignments have been presented by the
applicant wh9.ch both include a modification of present intersection into
a curved connection between the two streets. One option features a, cul-
de-sac for SW 109th Avenue and a 25 foot wide paved emergency acness
route between SW 109th Aver.=:e and SW Naeve Street. The second
alternative calls for a standard "T" intersection formed by a
northwestern extension of the paved southern portion of SW 109th Avecue
into the proposed curvilinear connection of sw Naeve Street and the
I LUTI01 NO. 90--)/ PAGE 6
middle portion of SW 109th Avenue. Adequate driveway access will be
retained for properties that abut either street.
5. AaencV and NPO C—cents
The Engineering Department has reviewed the proposal and has offered the
following Comments-
a. The site has frontage onto SW 109th Avenue, SW Naeve Street, and SW
Pacific Highway.
SW 109th Avenue is a gravel surfaced local street with the northern
portion uniaproved. The applicant has shown the street to be
improved connecting Naeve Street to the existing 109th avenue
extending from Canterbury Lane. The i,,.prQvements are shown to
cor_siet of 3i4 street iiuprovements, (half street plus 10 feet) as
recommended by staff. The preliminary profile indicates the grade
to be 1S percent, the maximum allowed by the Fire District. Duns to
the slope of the existing ground, no alternative to this road
grade ib available_
SW Naeve Street is a partially paved, mostly gravel surfaced minor
collector street. Three-quarter street improvements (half street
plus 10 feet) should be provided where the graveled surface exists
along the site's frontage, interim improvements should be provided
to the gravel portion of Naeve Street between Lhe site and Highway
99W. The interim improvements should consist of a minimum of three
inches of asphaltic concrete, 24 feet wide, over ten inches of
aggregate base rock. The existing gravel section can be included in
determining the depth :.° additional base rock required.
Pacific highway is under the jurisdiction of the State of Oregon.
Existing improvements consist of the paved roadway with a gravel -
shoulder and a ditch. The State has requested that curb, sidewalk
and drainage improvements be provided along the site'a frontages..
b. Regarding txe two revised Triad proposals for the design of the Sh'
Naeve Street and SW 109th Avenue intersection:
1. Both of the proposals appear to meet the minimum standards for
streets and utilities.
2. Following review of additional traffic and design analysis by
the applicants, we now support the use of Naeve Street as the
primary access route to the development. For additional
explanation, see the 7_24_-90 letter from lee Gunderson of the
State Highway Division and Randy Wooley's 7-19-90 letter to
Ronald Kampe (attached as Exhibit "A").
Stt,e wTION No. 90--21— PAGE 7
3. At the time of detailed construction plan subm_ttal, the
4 applicants should be required to show how miniwaw eight
distance will he maintained at all driveways, especially at
the most aouthaxly Triad driveway to SW 109th Avenue. The
landscaping plan needs to be coordinated with the grading plan
to ssaura driveway eight distances are adequate.
4. In the plan that calls for relocation of an existing driveway
on the east side of 109th Avenue, the applicant should be
required to provide evidence that the driversay relocation is
satisfactory to the owner of the property served by the
relocated driveway.
5. One proposal calls for a driveway-type connection between
Naeva Street and 109th in Summerfield. Use of the driveway is
to be restricted by signing. It is our opinion that the use
restrictions would be difficult to enforce. We are not
optimistic that this driveway would prevent the flow of
traffic between Naeve and Summerfield. We do not recon=end
this option.
C. Ring City and others have requested that a trafflc signal be
installed at the Naeve/99W intersection as part of the Tried
development. We do not object to the signal installation.
However, prior to making this a requirement, we need to verify
whether the State Highway Division would allow a signal to be
installed at this time. We have asked the State this question and
are awaiting a response.
d. Most of the site slopes toward Naeve Street which then dralne to
109th Avenue and Pacific Highway. The proposed storm drainage
system is shown to collect runoff from the developed portion of the
site and discharge into an existing system in 109th Avenue at Naeve
Street. Presently a portion of this area drains toward Pacific
Highway along Naeve Street. This development should reduce the
drainage toward Pacific Highway from the site. The existing pipe
to be connected to in 109t.`l Avenue should be evaluated to determinP
if it has adequate caracit_v to handle ultimate development of the
entire drainage bagin.
a. Sanitary sewer is proposed to be extended through the site from the
system at the corner of Naeve Street and 109th Avenue. This system,
has adequate capacity to serve the site.
The Oregon State Highway Division has reviewed the proposal and has
commented that curb, sidewalk, and storm drainage is required along the
site's Pacific Highway frontage. In a subsequent letter dated July 24,
1990 (Exhibit "A"), the Division indicated that it had reviewed the
alternatives for primary access to the project at Naeve Street or at the
Present Beef Send Road intersection andwas strongly in favor of the
Naeve Street alternative.
Ix :XTION NO. 907�i PAGE a
The Tigard Water District has reviewed the proposal and has noted that
they site requirss service from two water pressure cones. Zone 1 is
supplied by the pressurized system on the top of Little Bull Mountain.
Zone 2 is a gravity system from the existing water Rina at t6.0 corner
Of SW Naeve street and SW 109th. 3n addition, the Water District has
noted that because of the size of the buildings, each building is to
have its own 2-inch water meter. The irrigation system will need to be
metered separately with Turbo meters. :nater meter locations are to be
provided with a minimum planter area of 3 feet by 5 feet. Thia also
holds true for fire hydrants. Water meters and fire hydrants are not
allowed tc be located in asphalt or concrete, or behind carports,
garages, or retaining walls. All water lines must be ductile iron
class 52.
The Tigard School District has reviawed the proposal and has noted that
the proposed complex is located within the Templeton Elemcantary#'Twadity
Junior High attendance boundaries. This proposed development, along
with 31 other currently proposed developments, is anticipated to
generate 67 new students for Templeton Elementary and 89 students at
Twality Junior High. The Tigard School District may not be able to
accommodate thsse students at those schools, Prospective occupants
should be advised that students may need to be bussed to other schools.
After the District completes its new middle school in 1992, there should
be room available at Templeton Elementary and Zwality Junior HigY.
Schools.
The Tualatin Valley mire and Rescue District has reviewed the proposal
and has commented that hydrant locations will need to be coordinated
between the Fire District and the Tigard Water District.
After reviewing the two proposed modifications of the SW 109th Avenue
and SW Naeve Street intersection, the District indicates that the
emergency access connection would be acceptable if 13 prtWieions aro
made to prohibiting parking and/or increasing the pavement width to
provide a minimum unobstructed driving surface of 20 feet, and 2) the SW
Naeve Street enhance provides an outside turning radius of 45 feet and
an inside turning radius of 25 feet to allow for adequate emergency
vehicle access. The second option which features the btaodard public
street connection between the two streets is preferred by the District
because it provides increased pavement widths and easier turning
movements for emergency vehicles.
The Tigard Police Department has reviewed the two sw 109th Avenue and SW
Naeve Street connections and indicates that the emergency access
+:connection would be acceptable but the Department is concerned because
it will not be able to commit the resources necessary to enforces the
Intended prohibition for through traffic. The second alternative which
utilizes a standard public street intersection is recommended by t_j-,e
Department.
The original comments from the City of icing City indicated that the City
was concerned with the volume of runoff that would drainwestward from
the site to a. storm sewer on the east side of Pacific Highway and into
P.`, ..UTZQN N0. 90--2-L- PAGE 9
the King City storm sewer system. 11, addition, King City was concerned
about chemical run-off from impervious surfaces that would ulti &tely
flow into the Tualatin River.
Ater reviewing the recent transportation alternatives. Ksng city
submitted a letter dated August 9, 1990 which makes the following
points:
a. King City accepts OD07.'s determination that the access should
be located at Naeve Street.
b. The Pacific Highway/Naeve Street intersection should be
signalized at the expense of the developer prior to the
issuance of occupancy permits.
Neighborhood Planning Organization 6 has reviewed the proposal and
recommends the following:
_. SW 109th Avenue remain closed as it is presently at the north end
of gravel portion of the street.
b. The site plan should be redesigned so that the focus of the main
traffic flow from the project is directed to SW Naeve Street
instead of SW 104th Avenue.
C. With SW 109th Avenue to remain closed at the top of the hill; the
standard street intersection design for SW 109th Avenue and SW
Naeve Street proposed by the applicant is Supported. The NPO feels
this allows safer access for neighborhood traffic and emergency
vehicles.
d. The NPO favors the Beef Band intersection as the primary access and
egress to the Triad developxsent but if this proves not to be
feasible, the NPO requests that the City require Triad to install a
signal at the intersection of SW Naeve Street and SW Pacific
Highway as condition of approval to the project.
The City of Tigard Building Division, Washington County Department of
Land Use and Transportation, Metro Area Communications Commission, PGE,
and GTE have reviewed the proposal and have issued no comments or
objections.
A copy of a letter: dated July 30, 1990, from Charlotte Tice of the
Summerfield Civic Associat.ton to Triad Development indicated that the
Association's Board. of Directors and interested residents were in
support of the emergency access connection between SW Naeve Street_ and
SW 109th Avenue and that the access must have signs stating "For
Emergency Vehicles only".
No other comments from reviewing agencies have been received. Corm;ents
regarding this application were submitted to the City Council during the
hearing.
R.. LUTION NO. 90-21 PAGE 10
S. PINDINCS AND CONCLUSIONS
The applicable criteria in this caa,? are Tigard Comprehensive Plan policies
3.1.1, 3.4.2, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2, 7.6.1,
8.1.2, and 8.1.3 and Tigard Community Development Code Chapters 18.54,
18.56. 18.80, 18.92, 18.96, 18.-0o, !8.1,02, 18.106, 18.106, 18.114, 18.129,
18.150, and 18.164. (source: Planned Development Approval Standards - code
section X8.80.129 and Site Development Review Approval Standards - code
section 18.120.180).
The City Council has determined. that the proposal is not ccneiatent with
applicable portions of the Tigard Comprehensive Plan and the Community
Development Code batted upon the following findings:
1. policy 8.1.1 calls for the provision of a safe and efficient street-
system
treetsystem that meets current needs and anticipated future growtia and
development. This policy is not satisfied because:
a. one driveway entrance to the development is on SW Naeve Street
which is a minor collector street intended to accommodate this
volume of traffic. Four additional driveways are provided onto SW
109th Avenue, which is designated as a local street.
Having the majority of driveways on a local street with a 15% grade
.is not found to be a "safe" street system as required by this
policy. SW Naeve Street may be constructed in conformity with all
City standards and therefore it is the most appropriate location to
concentrate traffic flow in and out of this development. The
maximum grade requirement of 12% is intended to allow for adequate
stopping distances for vehicles. Concentrating traffic on a
street which exceeds this standard is not found to be consistent
with. this Plan policy, particularly when other options for access
are available.
b. The design of the emergency access connection for SW 109th Avenue
and SW Naeve Street is not an adequate street connection. It does
not provide proper or "efficient" neighborhood traffic circulation
or an adequate connection between the local street network and
Nasave Street, a minor collector. This will act as a barrier
particularly to north and south traffic movement between
neighborhoods and for a proper linkage between the neighborhood
streets, Naeve Street and Pacific Highway. Without thla
connection, there will not, be a north-south street connection
between SW Pacific Highway and 98th R.venue, which ate
approximately one-half miles apart.
C. The appllca.t han not presented sufficient evidence to prove that
it in not p:::�z ble to establish a direct access for the proj�--,t
onto SW Pacific Highway. The information in the record indicates
that such an entrance to the development would aleviate much of the
concern over traffic volumes on 5W 109th Avenue. A State Highway -
.... :.UTIQR No. 90_x_ PAGE 11
Diviscn representative indicated that the Division did not favor
this proposal, but the record does not confirm that such an access
would not be able to gain State Highway Division approval.
2. Chapter 18.134 (Variance) establishes the criteria which must be met to
allow a Variance to the provisions of the Community Development Code.
The project wil' include the improvement of SW 109th Avenue to City
standards. However, a portion of the street will exceed the maximum
grade specified in Section 18.164.030 M. of 123 but it will be leas than
15%.
The proposed Variance is not consistent with the criteriain this
section bescausa:
a. The proposed street grade will not provide safe access as required
in the Comprehensive Plan because the 156 maximum grade i.s proposed
on a local street which is intended to accommodate four of the five
driveways from this development as well as additional residential
development in the area. The purpose of Plan policy 8.1.1 is to
ensure that streets are designed and constructed in a manner that
Js safe for motorists and pedestrians. The 123 maximum grade
standard reflects the intent of this policy by reducing stopping
distances .for downhill traffic. This problem is obviously
exacerbated during wet and icy conditions.
b. It has not been shown that special cireu.nstances make it
impractical to meet the 12% standard. Sufficient engineering
documentation has not been provided to confirm that constructing SW
109th Avenue with a maximum 128 grade throughout would require an
excessive amount of excavation, relocation and/or reconstruction of
existing utility lines, or possible problems for properties
depending upon the street for access. It has also not been
demonstrated that an alternate street design and alignment is not
available which would comply with the maximum street grade standard
of 123.
C. The street design does not appear to minimize the extent to which
the 12% standard is exceeded. The proposed street design and the
tranaition between SW 109th Avenue and S'w Naeve Street will reduce
the existing grade, which reaches a maximum of approximately 173,
but it appears that other options to reduce the grade further,
including a reai.ignment of SW 109th Avenue and/or creating a
direct access to SW Pacific Highway noted above, have not been
thoroughly Investigated.
C'. Physical svRrwma, will be adversely affected by the Variance for
the reasons noted above. Natural systems or environmental
considerations will riot be affected by the difference be`�ween the
Code standard and proposed street grade.
e. The hardship could be considered as not being self-imposed because
developers are generally responsible for improving abutting streets
R :,UTION NO. 90-_ 2L PAGE 12
within the existing right-of-way. However, in this case, the
applicant is not obligated to use the existing 109th Avenue
alignment if a suitable alternative route is provided.
PASSEL: Ey ILI) 0; ,Tr,_ i5 vote Of all Caunci3 members prezant
after being read by number and title only. this of
November, 1990.
,,qq City Recorder, City of Tir d-
APPROVEDe This, _`'Iday of Novemb®r,x/1.99
Mayor,
- -City of Tigard
SDR90--04.RzS/ki
t
:.UTION NO. 90-_L/_.L PAGE 13