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Resolution No. 93-42 gas D9 i n i lS9d ed oto■Y I !�__ s CITY OF TIGARD, OREGON RESOLUTION NO. 93-//� A RESOLUTION ADOPTING A FINAL DECISION TO APPROVE THE PRELIMINARY SUBDIVISION PLAT, MES O CHARD rs; SUB 93-0002. WHEREAS, the above application was submitted for approval by the Planning commission; and WHEREAS, The Commission reviewed the application at public hearings on April 5, 1993 and June 7, 1993; and WHEREAS, the Commission found the application was not fully consistent with approval standards and therefore voted to deny approval; and WHEREAS, the applicant appealed the Planning Commission's decision, and also withd-aw the requost for a variance to thle street design standards, and also provided modified plans; WHEREAS, the City Council reviewed the Commission's decision at a public hearing on July 27, 1993; and WHEREAS, the City Council found that modified "Plan B" was acceptable to adjacent neighbors and was consistent with approval standards. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Planning Commission decision is hereby reversed. Section 2: The Final Decision to approve the preliminary subdivision plat for Ames Orchard II, SUB 93-0003, modified "Plan B", is hereby adopted subject to the conditions, facts, findings, and conclusions listed in the attached final decision. PASSED: This �� - :dyf t--�Lam;i i.c2 f , 1993. _i-Mayor - City of Tigard ATTEST: City Recorder - City of Tigard tb/AmselI.Res RESOLUTION NO. Page 1 A if A22 J0 JW XiM-�M EW- 57 FEW 3 TIGARD CITY COUNCIL FINAL DECISION A_FSNAL DECISION INCLUDING F_INDINGS AND CONCLUSIONS! RICH APPROVES APPAPPLICATION MAL OF A JUNE 07,, 1993 PLANNING COMM SSION DECIVISION REQUESTED By AXES/ROCKWELL ION TO D NYL ON The Tigard City Council has reviewed the application at a public hearing on July 27, 1993. The Council has based its decision on the facts, findings and conclusions noted below. I. SUMMARY OF THE REQUEST i CASE: Subdivision SUB293-0002 BION Variance VAR 93-0004 SUVIMARy: The applicant requests Subdivision preliminary plat approval to divide a 12.68 acre parcel into 33 lots ranging in size between 10,000 to 23,664 square feet. A 11,568 square foot space tract intended to include a water quality facility is also proposed. The applicant has withdrawn all variance requests relating to street widths and grades. APPLICANT: Robert Ames AGENT: Alpha Engineering J, (c/o Mark Rockwell) (Mark Dane/ t 16325 SW Boones Ferry Randy Clarno) Lake Oswego, OR 97035 9600 SW Oak Tigard, OR 97223 OWNER: Robert Ames i LOCATION: Goth of the aarde Street, intersection of the Ames Orchard subdivision. PROPERTY DESCRIPTION: WCTM 2S1 JOBB, Tax lot 600 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONIN;C- DESIGNATION: R-3.5 (Residential 3.5 units per acre) APPLICABLE LAW: Comwarlity Desve jopment Code Chapters 18.48, 18.88, 18.92, 18.150, 18.160, 18.164 and Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval of the subdivision request as modified (Applicant's --Pian B-) subject to conditions. AMES ORCHARD FINAL DECISION PAGE 1 I II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax lot 600 is 22.68 acres in size and has approximately 180 feet of frontage along the existing right-of-way of SW Gaarde Street. The property extends approximately 800 feet further west of SW Gaarde's intersection with SW 121st Avenue adjacent to an approved, but as yet to be constructed and dedicated, extension of SW Gaarde Street. The property is roughly rectangular in size. B. Site location: The site is located between the SW 121st Avenue/SW Gaarde Straet intersection and the Ames Orchard subdivision. The present northern terminus of SW Hazelhill Drive is located along the southern boundary of the site. C. gxisting uses and strut es: The site is presently vacant. Tree cover consists of a filbert orchard covering the western approximately 3/4 of the site. The eastern 1/4 of the site is open grassland. The applicants, exhibit 3 of 3 is an aerial photo which clearly illustrates the existing cover of the site. D. Topograrhy and drainage: l The property slopes generally from the south to the north and northeast. A broad swrale which includes an apparently intermittent stream extends from just northeast of the present terminus of SW Hazelhill Drive to the eastern property boundary. This intermittent stream and a storm sewer drain to a distinct drainageway just to the east of the site. E. Surrnnnding land uses. Adjacent acent pro`erti es to ttkia north and west are zoned R-4.5 (Residential, 4.5 units per acre). Properties to the west are developed with single family residences on parcels ranging in size from approximately 0.5 to 6.8 acres. An approximately 1500-1600 foot long private dead-end road which extends northward from SW Bull Mountain Road currently serves eight residences on these parcels to the west. The property to the north of the site has recently been approved for development of a 64 lot subdivision (SUB 92-0005/Vista Point Subdivision). This subdivision would include a westward extension of SW Gaarde Street. SW Gaarde would abut the northern property line of the subject Ames property. Lots on the north side of SW Gaarde Street near the subject Ames property will average approximately 8,500 square feet in size. ARIES ORCHARD FINAL DECISION PAGE 2 AN IM Properties to the south of the Ames property are zoned R-1 (Residential_ one unit per acre) and contain 23 single family residences within the Ames orchard subdivision. Lots within this subdivision range from approximately 0.5 to 1 acre in size. This subdivision was approved by Washington County in the 1976 (to include a second phase on the current subject site), but the subdivision was annexed to the City of Tigard while under construction. SW Hazelhill Drive extends through Ames Orchard I and is stubbed into the southern boundary of the subject site. The fully developed Shadow Hills subdivision is located to the southeast of the subject site and west of Ames Orchard subdivision. Shadow Hills is zoned R-2 (Residential, two dwelling units per acre). Shadow Hills is served by a loop road oft* of sw Bull Mountain Road. Properties to the east of the subject site range in size from 0.5 to 2 acres in size and contain single family residences, filbert orchards, and a water tank. Properties to the northeast in the Colonial View subdivision range in size from approximately 14,000 square feet to 40,000 square feet and are developed with single family residences. F. plan domd=ation and zoning: The site and surrounding properties are all designated for Low Density Residential development by the Tigard Comprehensive Plan. Properties to the east and northeast are under the jurisdiction of Washington County, but are within the City's planning area. Existing zoning of surrounding properties is t illustrated on the vicinity map attached to this report. G. Proposed use: The applicant proposes to subdivide the 12.68 acre parcel into 33 lots ranging in size between 10,000 to 23,664 square feet as illustrated on sheet 1 of 1 of the applicants' plan set and described in the applicants' statement, plus a submittal map dated July 7, 1993 submitted by Mark Rockwell to Dick Bewersdorff. A 11,568 square foot space tract intended to include a water quality facility is also proposed. A plan was submitted on May 7, 1993 in response to the Planning Commission's continuance of the review of this subdivision application. The Commission had reviewed a previous plan for the property on April 5, 1993, and had declined to approve the subdivision plan that had been presented at that time; or City staff proposed revisions to that plan. AMES ORCHARD FINAL DECISION PAGE 3 ��ss� ®— a i Based on the Planning Commission denial of the subdivision on June 7, 1993, the applicant's subsequent appeal and meeting with staff, the applicant submitted a modified design (Applicant's 'Plan All) for the western portion of the subdivision on July 7, 1993. That ;involved extending the legs of what was SW Vista Circle, a loop street, with two streets to the western boundary of the property and dedicating a portion of the right-of-way necessary for future street that would extend north to eventually connect with SW Gaarde. At the public hearing on July 27, 1993, the applicants presented a derivation of the above modification which called for the extens'on of the north leg of SW Vista Circle to the west and curving to the north to provide a future connection to SW Gaarde and property to the west. This was noted as "Plan B" and was ultimately approved by the City Council. H. Public c sarvi ce and utilities: The preliminary utility plan (applicant's Exhibit 2 of 2) proposes that the subdivision be served by development of a water main network from the existing 8 inch water line along the western edge of the site. Public storm sewers are proposed within the streets throughout the proposed subdivision with outfall to the proposed storm water quality and detention facility to be constructed within Tract A in the northeastern corner of the site abutting SW ( Gaarde Street. The detention facility would drain to an existing storm sewer within SW Gaarde. Sanitary sewers are proposed to be extended through the site from an existing sewer in Gaarde Street through lines to be located in the proposed new streets. g. Access and nearby streets: The street system for the proposed subdivisa�%n would consist of a southward local street extension from the intersection of SW 121st Avenue and SW Gaarde Street. As noted above, a modified design "Plan B1° submitted July 27, 1993 allows for accessibility to property to the west and an eventual connection north to SW Gaarde. An eight foot wide bicycle/pedestrian path extending 140 feet from the existing southern stub of SW Hazelhill Drive to the proposed cul de sac bulb at the end of the proposed new north-south street is also proposed. This pathway would be located within a 6,280 square foot, triangular shaped open space tract, Tract B. The applicant's statement notes that this tract is intended to be dedicated to the City. r AMES ORCHARD FINAL DECISION PAGE 4 G The existing section of SW Hazelhill Drive to which the bikepath within Tract B is proposed to connect Is approximately 42 feet wide, has bikeways/walkways striped on the pavement, has open drainage ditches, and has nc streetlighta, ourbs, or sidewalks. SW Hazeltreaea Terrace connects SW Hazelhill Drive to SW Bull Mountain Road, a major collector street under the jurisdiction of Washington County. SW Gaarde Street abuts the property to the north. Jurisdiction for SW Gaarde street lies with both the City of Tigard and Washington County. SW Gaarde is functionally C classified as a major collector street by both the City and County Transportation Plans. Current pavement on Gaarde is approximately 24 feet in width from this point eastward to S:: Pacific Highway. No sidewalks are currently provided along SW Gaarde and streetlights are few. There are no current plans for widening or improvements to SW Gaarde Street to the east in the near future. The applicants are proposing to connect this development to SW Gaarde Street directly at its intersection with SW 121st Avenue. The applicants propose dedicating 10 addition feet of right-of-way along the. existing right-of-way of SW Gaards, along the northeastern edge of the site. The plans submitted May 7, 1993 did not indicate that the applicants intend any improvement to this stretch of street, but the applicants, statement in responding to Policy 8.1.3 appears to indicate that improvements are contemplated. The applicant's appeal i statement indicates that a requirement that the applicant bear one-half the cost of the Gaarde Street extension or construct the extension is not a valid requirement. The applicant states that the issue of the Gaarde extension is beyond the scope of this application and should be left to subsequent proceeding relating to the improvement project or cost- sharing, including whether the applicant has any obligation to construct or pay for the proposed extension. At the July 27, 1993 public hearing, the applicant's testified that they would be willing to participate in the formation of a reimbursement district to allocate the costs of constructing the extension of SW Gaarde Street along their subdivision's frontage. The original proposal did not contemplate right-of-way dedication for SW Gaarde Street west of SW 121st Avenue. The applicants' subdivision submittal statement in its response to Section 18.108 provides arguments for the applicants not improving SW Gaarde Street west of SW 121st Avenue. SW 121st Avenue intersects SW Gaarde Street just north of the subject property. SW 121st Avenue in this area is under the jurisdiction of Washington County. SW 121st Avenue is also a major collector street with approximately 24 feet of pavement, open ditches, few streetlights, and no sidewalks. There are no current plans for widening or improvements to this section AMES ORCHARD FINAL DECISION PAGE 5 of SW 121st Avenue, except for half street improvements od the west side of SW 121st extending approximately 300 feet north of Gaarde that were required as a condition of development approval for the proposed Vista Point subdivision. .7. Othex. aggli tinq this parcel- The applicants have recently submitted an application (File No. ZON 93-01) for rezoning of tax lot 600 from R-1 and R-2 (Residential, 1 and 2 dwelling units per acre) to R-3.5 (Residential, 3.5 units'per acre). That request was approved by the Planning Commission on April. 7, 1993. The staff report for application ZON 93-01 contains a brief summary of previous land use and development applications affecting thils property. This report incorporates that information by re3f€srenca. I c is important; to note that the subject property had two prior subdivision approvals - the first approval was a Washington County approval that included this site with the land that has been developed as Ames Orchard I; the second was a City of Tigard approval for 14 lots on this parcel. III. APPLICABLE APPROVAL STANDARDS The approval standards for a preliminary subdivision plat are listed at Code Section 18.160.060.A. The hearings authority may grant variances to Community Development Code standards if the variance approval criteria of Code Section 18.160.120.8 are satisfied. In addition, the proposal must also be found to be consistent with the development standards of the following Code Chapters: Chapter 18.48 (R-3.5 zone); Chapter 18.88 (Solar Access Requirements); Chapter 18.92 {Density Computations); Chapter 18.150 (gree Protection); and Chapter 18.164 (Street and utility Improvement Standards). Standards of other Community Development Coda chapters may apply to subsequent development of the subject site but are not applicable to the current review. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3 also apply to the review of the subdivision development proposal. f i i i 3 I (' AMES ORCHARD FINAL DECISION PAGE 6 C`. Iv. NPO & AGENCY CO=MTS I 1. st+inmc�n CountY•e Dg rtsment o Land Use and Tr_ABnor't2!M has reviewed the proposal and has provided the following comments: A. SW 121st Avenue and SW Gaarde Street (east of SW 1218t) adjacent to the site are under the jurisdiction of Washington County. The Countyls Department of Land Use and Transportation recommends that approval of this subdivision proposal be conditioned upon the following: a. If made a condition of approval of this development proposal, the collector road extension of SW Gaarde Street along the north side of the site west of SW 121st Avenue shall be constructed pursuant to Section C.4.a., b., c., d., andbetween Washington Urba Planning Area Agreement (UPAA) County and the City of Tigard. H. Prior to Final Plat Approval: a. The County shall be afforded the opportunity to complete a traffic analysis pursuant to Washington County Resolution and Order No. 86-95. The applicant shall construct any improvements found to be warranted within the development's impact area pursuant to the County Traffic Analyst"s review in ( relation to R&O 86-95. The applicant shall provide certification from a registered engineer that sight distance is adequate at the SW Gaarde/SW 121st Avenue access point. t Contact Doug Norval, County Traffic analyst for specific questions regarding the traffic analysis. b. The applicant shall dedicate additional right-of- way to provide 37 feet from centerline of the site0s SW Gaarde Street frontage east of SW 121st Avenue, including adequate corner radius. C. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district or other mechanism to improve the base facility of SW Gaarde Street between SW 121st Avenue and SW Pacific Highway. d. A one-foot non-access reserve strip shall be ,�_ established along the ea...c's SW Gaarde Street frontage. PAGE 7 AMES ORCHARD FINAL DECISION ]NEW The documents needed to complete these conditions shall be prepared by the Washington County Survey Division and shall be recorded in the Washington County Records Department. e. Submit plans, obtain County Engineering Division ppprovai, and obtain a facility rcrMit for construction of the following public improvements: i. Concrete sidewalk to, County standards along SW Gaarde Street frontage. ii. Adequate roadway drainage along SW Caarde Street frontage. iii. Any traffic safety improvements required as a result of the completion of the County Traffic Analyst's report based on Washington County Rule and Order No. 86-95. iv. Provide design of the Gaarde Road extension as set forth in UPAA agreement between the City and County. These improvements shall be constructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. C. Prior to Occupancy: a. The road improvements to County roads listed above if required by conditions of approval shall be s completed and accepted by Washington County. In response to the potential access onto Gaarde at 121st or the possibility of access onto the Gaarde extension across from the Vista Point access, Washington County suggested the following two recommendations by transmittal vuly 14, 1993: 1. For either access alternative, submit a construction plain to the Engineering Section regarding the improvements of SW 121st Avenue and SW Gaarde intersection. Provide road improvements to create an intersection that masts Washington County Road Standards. 2. For either access alternative, submit an intersection control plan to the Operations Division. Provide traffic control improvements as recommended by the Operations Division. AIRES ORCHARD FINAL DECISION PAGE 8 2, mr,e City of Tiaard Building Division has provided the following comments: a. Individual lot drainage should be to an approved public storm sewerage system; alternatively, individual private storm drainage systems may be utilized. Plans will need to be reviewed and approved by the City of Tigard plumbing inspector, b. Maximum finished slopes of all cut banks shall be 2:1; C. Soil tests and engin6ered Zooti„yo «:as w yt 1. ;..' zMa, e.g individual lot basis. 3. +a City of Tigard ouerations Department recommends that SW riaz®ihili Drive be extended through the site to connect with SW Gaarde Street. 4. Tualatin Val�ev Far@ and Rescue District has reviewed the preliminary plat and has provided the following comments: a. Hydrant locations should be coordinated with the Tigard Water District and Fire District; b. No parking should be allowed on streets that would have less than 20 feet of driving surface, if such streets are proposed. c. The Fire District is very concerned with the number of residences in the proposed Ames Orchard II that would be served by a long single-access loop street system. A street connection or emergency vehicle access should be provided to connect the new development with SW Hazelhill Drive or to the Gaarde Street extension west of SW 121st. 5. Tj qa= School District 23J has reviewed the proposal and has noted that the proposed development lies within the attendance areas of C.F. Tigard Elementary School, Fowler Middle School, and the Tigard Senior High School. (School District review was made with regard to original subdivision plan, only. May submit: --Nor now tion; rescheduled school year, boundary adjustments, double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. Staff also contacted Bud Hillman of the School District (phone call on 2/25/93) with regard to whether the District had any concerns with school bus routing. (Contact was made with regard to original subdivision plan, only. The May, 1993 submittal was not forwarded to the District. ) Mr. Hillman stated that under present Policies, school buses would be routed into this subdivision t- ,+icy .. __�-r_z - students but that secondary students from the proposed development would need to walk out to SW 12181-- Avenue for school bus service. 6. ugiLrf.1._.-s_.....� nv.._.;.i...� ..-_�_s �e.t�on g3 supports the suggestion made by several neighbors to the south of the proposed development that access to the development should come off of SW Gaarde Street with only an emergency vehicle access/pedestrian and bike path between this development and Ames Orchard I. The NPO does not support any gT the variances to Cemmu�.ity Development Code rad improvement standards that had been originally requested. 7. Northwest Nat„ ml-GAM has commented that there are both a 10 inch diameter high pressure feeder main within the approximate alignment of the Gaarde Strest extension along the northern edge of the site as well as a 2 inch diameter poly main on the north and west sides of the site. The developer°s representatives should contact Northwest Natural Gas to have the main located prior to any excavation on the site. ' 8. The T{Gard water Dj s ri 2•_- responded in a letter dated February 16, 1993, which stated that they "have faciliti-es located within existing easements along the eastern and southern property line: • 36-inch water transmission main • 12-inch water main from reservoirs with water station elevation of 713 feet above sea level 12-inch water main from reservoir adjacent to proposed Project, water station elevation of 410 Zaet • 12-inch drain line from adjacent reservoir to detention pond at west end of Tax Lot 500 • 24" drain line from terminal (10 million gallon) reservoir, at SW 125th Avenue and SW Bull Mountain Road, with the outfall located approximately the center of Tax Lot 300 along its western property line. The above listed facilities impact the eastern property lines of proposed Lots 39, 50, and 51. They also impact most of the { AMES ORCHARD FINAL DECISION PAGE 10 storm water quality and detention tract and the eastern and southern property line of proposed Lot 52. The existing easement is 30 feet wide and is located at the eastern property line. There is also a 15 foot easement along the northern property line of Tax Lot 2300 that con.'tec•ts the 30 foot easement to SW Hazelhill Drive. Although the water mains are located within existing easements, the average cover is 48 inches for the 36-inch water main and 36 inches for the 12-inch water main. One of the other concerns to the Water District is the connection shown to the existing 12-inch water main along the eastern property line. This water main is from the reservoir site adjacent to the proposed project which has a water station elevation o= 410 feet above sea level. This water main cannot supply adequate water pressure for this development. There is, however, an existing 8-inch water main capable of supplying the necessary water pressure located 75 feet east of the northwest property corner. The Water District will require the developer to extend that water main to the property line between Lot 31 and 32, then south along an easement to SW Vista Circle. The developer will be required to provide a minimum of 15 feet of water line easements when necessary. Although there is an existing 12-inch water main located within SW Hazelh411 Drive, which is capable of supplying the a demands of the proposed development under normal circumstances, it is not accessible due to the extensive thrust blocking of the 36-inch transmission main at the exiting terminus of SW Hazelhill Drive. Even though the Water District is not totally opposed to thio development, the developer should be advised of the existing facilities and the need for protecting them." 9. OTS has reviewed the proposal and offered no comments other than that the site dieveloper should contact GTE at least 30 days prior to the opening of utility trenches. 10. The Metramlitan Area Comm ni r. ai- television) and have reviewed the original (cable g proposal and have offered n: comments or objections. 11. At the public hearing on July 27, 1993, Fir. Steve Pfe;Lffe 900 SW 5th Avenue, Portland, Oregon 97204 advised that he represented those individuals for the Matrix Development in a nearby area. He advised he was in support of the Ames Orchard AMES ORCHARD FINAL DECISION PAGE 11 No. 2 subdivision, with the proviso that the applicants participate in the formulation of a reimbursement district, local improvement district, or other financial mechanism to allow for the const=uction of SW Gaarde Street, Mr, ofoi Cf_r cited Code section 18.164.030(a) as the basis for his argument that the applicant should participate and share in the responsibility for the extension of SW Gaarde Street. Mr. Pfeiffer noted the proposal presented as "Plan 3319 was acceptable to them. V. EVAWATION OF REQUEST A. Comm i ance with Co m nlry Develot2ment Code _ Subdivisi©as 1. Code Development Code Section 18.160.060.A provides the following approval standards for a st1bd:LviE3ion application: a. The proposed subdivision must comply with the City's Comprehensive Plan and the applicable zoning ordinance and other applicable ordinances and regulations: b. The proposed plat name may not be duplicative of another recorded plat and the plat must otherwise satisfy the provisions of ORS Chapter 92 related to a plat; C. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction, and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and d. An explanation has been provided for all common improvements. Staff finds that the modified Ames Orchard No. II subdivision is consistent with the approval criteria for a proposed subdivision as described below: a. The proposed subdivision complies with the Comprehensive Plan Map's Z,ow Density Residential density opportunity for the site and with the use, density, and dimensional standards of the R-3.5 zoning district as described in #3 below. b. The proposed name of the subdivision, Ames Orchard No. II, is not duplicative of any recorded plat AMES ORCHARD FINAL DECISION PAGE 12 M m< - MEN I Within Washington County other than the: first phase of Ames Orchard subdivision. The form and other details regarding the ?final plat •a Oulu be required to be consistent with applicable Oregon Revised Statute standards, as well as the detailed plat filing requirements of: the City of Tigard and Washington County. These details are not normally considered during the Planning Commission's preliminary plat review but instead are reviewed by the City's surveyor and the Washington County Surveyor's office, C. The preliminary plat does not provide for a northward extension or SW Hazelhill Drive as would be consistent with the existing road pattern with the previously approved plat for Ames Orchard I subdivision as well as a previous subdivision approval for the subject property. Conformity with the road patterns of existing plats is required by Code Section 18.160.060.A.3. unless the City determines it is in the public interest to modify the str=eet or road pattern. On April 5, 1993, the Planning Commission reviewed a plan that would have provided for an extension of SW Hazelhill Drive through the subject property. After hearing the comments of several residents of the Ames Orchard subdivision, the Commission determined that it was 1 in the public's interest to not provide for a road connection between the existing Ames Orchard subdivision and new development on she subject property. The neighbors and the Planning Commission were concerned about changes in the existing neighborhood that might result from additional traffic travelling between SW Gaarde Street and SW Bull Mountain Road. At the July 27, 1993 public hearing, the City Council heard testimony from the Ames Orchard Home Owners Association and accepted the applicant"s proposal. F Concerns about traffic safety due the number of potential trips that could be carried if the street were connected (as presented by the applicant's traffic consultant) and difficulties relating to limited sight distance at the intersection of SW Bull Mountain Road and SW Hazeltree Terrace, argue against the connection. The proposal does not provide for a street stub to serve future redevelopment of the properties to the east, as was previously proposed. The applicant's revised plan creates a street pattern which, if extended to the east, :,could create a 200 foot plus berm through adjacent properties to reach ordinance " AMES ORCHARD FINAL DECXSION PAGE 13 ft EUMU ars-M IK �,C_ d: — Mai required required street grades, according to applicant !_ submitted calculations. This would severely impact the development potential of the adjacent properties. With the modified "Plan B°, the applicants have eliminated the proposed loop street within Ames Orchard II, which could have been considered to be a oul du sac o le- access street. The southwestern most pointsofgthe proposed loop street would have been approximately 1,000 feet distant from the single SW Gaards access to the proposed subdivision. 2. Code Section 18.160.090 authorizes the decision-making k authority to grant variances to Code standards if the requested variance can be found to be consistent with the variance approval criteria of Code Section 18.160.120. The applicants appeal withdraws all variance requests. if, at the time of review of plans for and adopted e construction of public improvements, the City has approved new standards for local streets the applicant may use F. those Yxew standards. 3 saddo subdivision ii consistent Theproposed of the Ra5 zoning districtbecause the lots are pintended ermitteduse in the R 3 g5 zoninor g district- residences, (Code 18.48), The proposal is consistent acre allowed or the site density of 3.5 units per gr by the R-3.5 zone. All lots are consistent with the minimum 10,000 square feat minimum lot size of the R-3.5 zone. All proposed lots are consistent with the minimum average lot width standard of 65 Pest, Standard R-3.5 setbacks should apply to this subdivision. The proposed development is therefore found to be consistent with the applicable use and dimensional standards of Code Chapter 18.48. ter 4 standards forsolaraccessibilCode ity for sestablishes Community newly created residential lots. Code Section 18.88.040.E allows the hearinas authority to reduce the percentage of lots that must meet the solar access design standard if certain conditions relative to the site (such as slope, existing shade, or existing or planned road patterns) make it difficult or impossible to fully comply with the solar access design standards without adversely impacting the development°s permitted density and cost or amenities. The applicants request, and staff concurs, that lots 28 and 29 should be exempted from the solar access AMES ORCHARD FINAL DECISION PAGE 14 s� MarMW-Ali! calculation because these lots would have an east-west slope in excess of 20 percent. Of the remaining non-exempt lots, Code Section 18.80.040.0 requires that 80 percent, or 24 lots, must satisfy the solar access design standards. With the applicant's modified design only five lots, lots 28, 29, 30, 31, and 32, would need to be exempted. Therefore, over 80 percent of the lots satisfy the basic solar requirement of a front lot line orientation within 30 degrees of a true east-west orientation and a minimum north-south dimension of 90 feet as shown according to the applicant's solar access evaluation sheet. The proposed subdivision is therefore consistent with the solar access lot pattern standards of Chapter 18.88. 5. The Aroposed subdivision complies with the density standards of Chapter 18.92 (Density Computations) because the 441,930 square foot net developable area of the site (after deductions for streets and Tracts A and B) yields an opportunity for 44 dwelling units under the R-3.5 zoning district's 10,000 square foot minimum lot size. Thirty-three single family residential lots are proposed. The applicants' statement includes a density calculation. Due to the modification of design and the revisions to �- the subdivision proposal including increased right-of-way widths and different street pattern, the applicant should be required to submit a revised density calculation that assures taut the revised plat is still consistent with Chapter 18.92. It is noted that the proposed subdivision layout would still comply with the allowed density when rights-of way are increased to the standard 50 foot width. 6. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during construction be minimized. The proposed development's public streets, utilities, and residences and related grading are anticipated to necessitate the removal of all of the filbert trees on the western portion of the site as well as some of the other few trees on the site. The applicants intend to remove all of the filbert trees because these trees would generally not be compatible with the future residential landscaping of the proposed lots and because of the possibility of unmaintained nut trees harboring diseases and insects that could be harmful to nearby filbert orchards. For these reasons, removal of these trees should be permitted to occur with approval of a subdivision plan for this site and approval AMES ORCHARD FINAL DECISION PAGE 15 of grading and erosion control plans. In this special - case, no separate tree removal permit should be required. 7. The proposed modified subdivision plan streets and other public improvements, can be found consistent with the requirements of Chapter 13.164 (street and Utility improvement Standards) as described above with regard to the general subdivision approval standards if approved with conditions. Staff provides the following additional comments with regard to the requirements of Chapter 18.164: s. Approval of any development application for this site should be conditioned upon dedication of additional right-of-way for SW Gaarde Street as well as improvement to major collector standards. If development of this site follows development of the Vista Paint subdivision to the north, the developers of Ames Orchard II should anticipate being assessed for their share of these improvements through a public improvement reimbursement district or other financial mechanism. If development of this site precedes development of Vista Point, the developers of Ames Orchard II should be required to pay a fee to cover their share of the cost of constructing this collector street across the Ames Orchard SI frontage or participate in a financial mechanism that guarantees construction. construction of improvements to this major collector street by the site developer will qualify for traffic impact fee credits for the individual lots in the subdivision. The City was not persuaded by the applicants arguments for- not contributing to the costs of the Gaarde Straet extension west of SW 121st Avenue in their original submittal. First, the applicants argued that this street will not provide improved access to the subdivision"s residents to area destinations. Obviously, with the road approved for construction only several hundred feet west of this site, the road (at first) would not provide significant access to area destinations. However, when the road is fully constructed to SW Walnut Street, the road will provide significantly improved access to destinations in western Tigard, to Beaverton, and to other locations to the north and west through improved connections to SW Scholls Ferry Road. The City Council,'s final order for the Vista Point development to the north found the following regarding the Code standards which require new developments in this area to contribute AMES ORCHARD FINAL DECISION PAGE 16 to development of the Gaarde Street extension as well as the benefits the road will provide for future residents of the area: Tigard Municipal Code section 18.164.o30.A.Z.b states that Hany new street or additional street width planned as part of an approved street plan shall be dedicated and improved in accordance with this Code." This street section has been planned for by Comprehensive Plan Transportation Map Note 2. As noted in the introduction to the Plan, the Plan "provides a policy framework for decision making on such matters as. . .subdivisions." (Introduction, Page II-4.) The Council interprets this to mean that overall, the Comprehensive Plan represents the City's planning policies. The underlying basis for the Council's decision to require the Gaarde Street extension is found in the findings of the Transportation Section on Pages II-55 and II-56. The Council notes that the Community Development Code is intended to "implement the Tigard Comprehensive Plan," § 18.02.010, and the following referenced sections accomplish that policy. The Council considers the following findings from the Transportation section a as mandated guidance from the City's acknowledged plan in evaluating transportation issues for this area of Tigard. * Major congestion problems within the City have resulted from the rapid population growth since 1970, creating a need for major street improvements. * The City needs to develop a strategy to coordinate public street improvements with private sector improvements to achieve the most effective use of the limited dollars available for road development and improvement. t AMES ORCHARD FINAL DECISION PAGE 17 The major residential growth during the planning period is expected to occur in the westerly and southerly areas of Tigard (the affected area). Both of these areas lacic adequate improved traffic ways. * A need exists during the planning period to complete a col-lector street system between Scholls Ferry Road, Walnut Street, Gaarde street, Bull Mountain Road and Pacific Highway. In addition to the findings, the CZ7iitprelhansill a Pion Tranallortation map, Note 2 specifically states that "A major collector extension of Gaarde Street has been recommended by the Northeast Bull Mountain Transportation Study Report." The Council finds authority for this condition in Transportation Policy 5.1.1, which requires that the City "plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development.11 Strategy 5 of the Transportation Section states that "[t]he City's Tigard Community Development Code shall require developers of land to dedicate necessary rights-of-way and install necessary street improvements to the city's standards when such Improvements have not been done prior to the developer Is proposals. These necessary dedications may be required upon approval of any development proposal.°Y The project site is in the westerly area of Tigard where major residential development was expected and is occurring, and which lacks adequate improved traffic ways. Gaarde Street is specifically mentioned as a necessary collector/connector to Walnut Street. This project site is included in thea area covered by note 2 in the Transportation AMES ORCHARD FINAL DECISION PAGE le Plan, which specifically mentions a Gaarde Street-Walnut Street connection. This project represents one piece of the development puzzle, the completion of which will provide public improvements to help implement the solutions presented in the Comprehensive Plan. The Council finds there is a reasonable relationship between the current development of this project and the needs for transportation system improvements, as expressed in the Transportation Section of the Comprehensive Plan and implemented in the Development Code Sections IS.164.030.A. 1.b and 18.164.030.F.1. (City Council Final Order for the proposed Vista Point development, adopted by Council Resolution No. 93-19). The Council findings are just as applicable to the proposed Ames Orchard 11 development as they are to the Vista Point proposal. Additionally, the City Council apparently contemplated that other future developments in this area ahould be required to contribute to the cost of development of the Gaarde extension. The Council's final ( order for Vista Point also found: "The subdivision developer will be required to construct an extension of SW Gaarde Street and a major sewer line to o serve the proposed subdivision. These improvements will likely be used by other r7ayg7optnonFg. $4J Gaarde Street is identified in the Comprehensive Plan as a needed collector street improvement. The street and sewer improvements likely will only be constructed as part of a development. Therefore, the City finds it is appropriate to initiate a zones of benefit pursuant to Tigard Municipal Code Chapter 13.08 in order to allow the developer of these facilities to recover a portion of the improvement costs from other subsequent developments using these facilities. Section 13.08.020(a) allows the City to initiate formation of zones of benefit. -The City finds that the Comprehensive yPlan is furthered by initiating zones of benefit because it enables the subdivision developer to �' MIES ORCHARD F11TAL DECISION PAGE 19 proceed with the necessary public improvements." part of the application's arguments for not contributing to the costs of improving the Gaarde extension is the applicants state that the SW Gaarde Road extension is a detriment to the site. The Planning Commission's final order regarding the upzoning of this property from R-2 to R-3.5 (Final order No. 93-07 PC) cited the approved alignment for the SW Gaarde Street extension abutting the site as a reason why the property should be up- zoned due to the potential impacts to the site as well as providing improved access to the site. While some argument may be made that the road could be a detriment with regard to livability for future development, the plans for the road were used as an asset to the development in justifying the upzoning. t the sits has little Additionally, no abi lity tto argued a the dedicateadditional right-of-way for the Gaarde extension. The Staff report for the previous proposal noted that some might be needed. to be additional right-of-way g determined by the City Engineer through review of the public improvement plans for this sits as well as the vista Point development. neded may be found that no right-of-way is actually needed this road from the Anes orchard II subdivision, but this will not be clear until final road plans are developed. Washington County is recommending that ! the subject site be required to dedicate 17 feet for expansion of SW Gaarde east of SW 121st Avenue. It will therefore be necessary for some additional right-of-way to be provided to the west of SW 121st Avenue in order to make a proper transition between these two road segments. There is no physical reason why right-of-way could not be provided by this site. The applicants state the amount of Traffic pant Fees the proposed subdiviEior- will generate state that these fees should be more than a sufficient contribution to the construction of this section of the Gaardo extension. While this contribution is important, the City policy remains that developments are required to participate in actual stxast improvements, as well. The applicants did not present persuasive arguments for the City to distinguish this proposed AMES ORCHARD FINAL DECISION PAGE 20 �® lie 92 development from other developments that are required to improve collector or arterial streets. The applicants, in fact, agreed at the July 27, 1993 public hearing to participate in the formation of a reimbursement district to allocate the costs of the extension of SW Gaarde Street. b. Internal subdivision streets should be able to be developed although right-of way dedication for SW Gaarde Street would need to be increased to 37 feet from centerline east of SW 121st as the County has requested, and would need to be dependant on final road design west of SW 121st. Preliminary street improvement plans were consistent with these standards, with the exception of the requested variances for reduced width and sidewalk on one side. As noted above, the applicant has withdrawn the variance requests in the appeal. C. The preliminary plat submitted to the Planning Commission did not provide for a street stub to the east to provide for a future further extension of this street to connect up with SW Gaarde Street (potentially opposite SW 118th Avenue), as was previously proposed with the first submittal. To meet street grade requirements for such a street would require an elongated fill which would inhibit potential development on properties to the east according to calculations and profiles submitted by the applicant. d. The modified development "Plan B" would eliminate the block_ length that exceeded the 1200 foot maximum block length standard of Code Section 18.164.040.8. The proposed connection to the west and dedication to allow a future connection to SW Gaarde have eliminated the long block length caused by the loop street system that had been proposed. While nothing in the City Council's decision can inhibit the decision making of future Councils, the extension of the "Plan B" modification street to the west and north is predicated on the realization that further extension will not be probable unless adjacent property to the west is developed. e. The proposed lots are consistent with Code standards for maximum lot depth-to-width ratio, minimum frontage, and other lot AMES ORCHARD FINAL DECISION PAGE 21 a ARE am ter` dimensional standards specified by Code Section 18.164.060. Although this Code j Section discourages the creation of through lots, such as proposed lots 10-17 on the modified "Plan B", the Code recognizes that situations such as this are necessary to avoid lots taking access from major streets such as Gaarde. These lots would need to meet the minimum 20 foot front yard setback standard along both streets as specified by this Code Section. f. Access to SW Gaarde Street anou:id ve prohibited for all lots which would have frontage along this collector street. These lots as well as all other lots could receive access from local streets. g. Preliminary plans for sanitary sewers, storm drainage, water supplyand other utilities would provide appropriate service to the proposed development. B. gompliance with ComRrehonsive Plan Policies 1. The Subdivision/Variance review process for Ames Orchard II is consistent with Plan 'Policy 2.1.1 because notices of the application and the original April 5, 1993 public d hearing on this item were provided to the neighborhood planning organization and to owners of property in the vicinity of the site. Notice of that hearing was also advertised in the Tigard Times newspaper. The hearing was continued to a date certain by the Planning Commission. consistent with Community Development Code and Oregon Revised Statute provisions, no additional notice was provided for the continued hearing date. Notice of the City Council July 27, 1993 public hearing was published and notice was also sent to property owners in the vicinity. in addition, the applicants and their representatives, as well as City staff, have held meetings with concerned neighbors of the proposed development. Therefore, a substantial opportunity has been provided for the public to comment on this development application as is required by this policy. 2. In order to comply with Policy 4.2.1, conditions of approval would be warranted to require the developer to submit an erosion control plan ensuring compliance with erosion control standards for the Tualatin River basin as part of the grading permit application, as well as to AMES ORCHARD FINAL DECISION PAGE 22 4 AN a part of the grading permit application, as well as to provide an on-site water quality facility consistent with the recommendations of the City of Tigard Engineering Department. 3. The preliminary subdivision proposal complies with Policy 7.1.2, 7.3.1, and 7.4.4 because development of this site will require the developer to extend public sewer, storm drainage, and public water systems through this site. Utility and service providers were provided with an opportunity to comment on the proposal. No significant concerns have been raised with regard to the capacities M of these necessary-services, although the site developer will need to accommodate the utility relocation and construction concerns raised by the utility providers, most notably the Tigard Water District and Northwest Natural Gas. Future development of this site will require provisions for underground installation of phone, electricity, and cable television lines. No significant concerns were raised by the providers of those utilities. 4. Staff finds that the modified preliminary plat would s provide for an efficient street system as required by Policy 8.1.1 for the reasons stated above. r 5. The modified subdivision proposal complies with Policy 8.1.3 because the proposed improvements to the public streets and utilities within the proposed subdivision and along SW Gaarde Street east of SW 121st can be consistent with City of Tigard standards or Washington County road improvement standards. The policy is further met with the revised preliminary plan which provides access to the west, and right-of-way dedication for a future-connection to the north. Finally, the policy will be met through " I the condition to participate in the establishment of a funding mechanism for the improvement of SW Gaarde to the west of 121st Avenue. j C. �rocedLral At the July 27, 1993 public hearing, a request was made to hold the record open for seven days. The request was conditional. since this was not the initial evidentiary hearing, Council action to hold the record open is discretionary under ORS 197.763. The Council did not hold the record open. AMES ORCHARD FINAL DECISION PAGE 23 4 �_i � I Sao mmm 1 VI. CONCLUSION AND RECOMMENDATION The City of Tigard Planning Division concludes that the proposed subdivision°s street plan ("Plan B11) will promote the general welfare of tl:e City and will not be detrimental to surrounding land uses provided that development that occurs after this decision complies with applicable local, state and federal laws and conditions. In recognition of the findings and conclusions contained herein, and incorporating the staff report and other reports of affected agencies and public testimony and exhibits received in this matter, the City Council approves Subdivision proposal SUB 93-0002 request for the proposed Ames Orchard II subdivision subject to the conditions which follow. UNLESS OTHERWISE NOTED, AIS, CONDITIONS SHALL BE SATISFIED AND I PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, STAFF CONTACT IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT. 1. The final plat shall be limited to the creation of no more than 33 lots. All lots shall be fully dimensioned on the plat and shall be consistent with R-3.5 zoning district dimensional requirements. ( The plat and public improvement plans shall be revised to provide for local street connections as approved by the City Council at its July 27, 1993 public hearing. ("Plan B11) The above recommended modifications to the plat will affect the applicant's density calculation submitted with the subdivision application. The application shall prepare a revised density calculation, clearly exhibiting consistency with the density standards ofCommunity Development Code Chapter 18.92. STAFF CONTACT: Dick Bewersdorff, Planning Division. 2. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards consistent with Code Chapter 18.164. Street improvements are not required for the partial right-of-way along the west boundary of lot 10 on "Plan B/0. The partial right-of-way shall be graded to the approximate horizontal and vertical alignment of proposed street with a pathway constructed at the approximate grade and alignment of a standard sidewalk for the continuation of the proposed street. i AMES ORCHARD FINAL DECISION PAGE 24 �t.�a rear .. 1Y:a - 3. The pedestrian pathway and emergency vehicle in Tract B shall be constructed to City specifications at the time of other public improvements are made. II 4. If at the time of plan review for the construction of the public improvements, which includes the local streets, the City of Tigard has approved and adouted new standards for local streets, the applicant may utilize standards applicable at that time. 5. Additional right-of-way shall be dedicated to the public along the site's SW Gaarde Street frontage (from the Gaarde/121st intersection east) to increase the right-of-way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 6. The applicant shall pureicipata i4r, a reimbursement district or other financial mechanism to share the cost of extending SW Gaarde Street west of 121st where it abuts the north property line. Exact cost allocations or percentages are to be determined through subsequent proceedings. If the Ames orchard II subdivision precedes development of property abutting SW Gaarde to the north, the final plat shall be conditioned to show, and additional documents will be required to be recorded, giving notice that each individual lot in the subdivision will be required to participate in a reimbursement district or other financial mechanism to share in the cost of extending SW Gaarde along the frontage of the subdivision. 7. Right-of-way shall be dedicated to the public along the SW Gaarde Street extension. The basis for the right-of-way shall be as proposed in the preli-inary plat and submitted with the Vista Point subdivision (SUB 92-0005). The exact amount to be dedicated, which is that portion of the property that lies within 30 feet of the right-of-way centerline as shown on the preliminary plat of SUB 92-0005, shall be approved by the City Engineer. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms, Instructions are available from the Engineering Department. 8. The developer shall grade along the north boundary of the subdivision where right-of-way is to ba dedicated. The grading shall be to the approximate horizontal and vertical alignment of the standard sidewalk location for the proposed streets. Adjacent lot owners shall not affect or alter the grade as prepared for the future street and sidewalk. 9. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are AMES ORCHARD FINAL DECISION PAGE 25 - ---- �I MOM i in saanjtioto any drawings required by the Building Division and a should only include €3heete relevant to public j improvements. 10. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 11. The applicant shall provide an on-site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No., 91-47. Proposed Tract A shall either be dedicated to the City of Tigard or shall be owned by a homeowner's association, with an access easement provided to the City of Tigard and the Unified Sewerage Agency for storm drainage maintenance purposes. 12. The applicant shall demonstrate that storm drainage runoff can � be discharged into the existing drainageways without significantly i;cpacting properties downstream. 13. Storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. 14. A grading plan shall be submitted showing the existing and proposed contours and typical finished floor elevations on each lot, including elevations at 4 different corners of the floor plan tied to the top of curb elevations as shown on the public improvement plane. 15. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. 16. Construction of the proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer-engineer agreement and payment of all permit fees. 17. Prior to the plat being recorded with Washington County, the applicant shall provide a 100 percent performance assurance or letter of commitment. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and posted the appropriate maintenance bond has been posted. AMES ORCHARD FINAL DECISION PAGE 26 a "_7 1$. The applicant shall obtain a "Joint Pdrmit" from the City of Tigard. This permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. 19. Prior to the recording of the final plat with Washington county, the City of Tigard shall ensure that the "street plug" at the present terminus of SW Hazelhill Drive is dedicated to the public. The "street plug" is shown as Tract "A" on the Ames Orchard plat (referred to in this report as Ames Orchard I subdivision). The Ames Orchard plat is recorded on Page 37 in Book 39 Record of Town Plats of Washington County. 20. The applicant shall provide half-street improvements along SW Gaarde Street from SW 121st to the cast boundary of the subdivision. Half-street improvements shall meet Washington County standards. 21. A one foot non-access reserve strip shall be established along the site's SW Gaarde Street frontage except at approved access i points. 22. The applicant shall obtain a facility permit from the Department of Land Use and Transportation of Washington County to perform work within the right-of-way of SW Gaarde Street. A copy shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. 23. The finished slope of all lots with cuts or fills should have ( a maximum slope of 2:1, or else a professional engineer shall certify the stability of any steeper slopes. Prior to the issuance of building permits for construction on all lots with slopes in excess of 25 percent, building permit applicants i shall demonstrate that the proposed structure will be sited and designed to ensure structural stability. Foundation plans shall be stamped by a registered engineer. Approved erosion control measures shall be employed throughout the construction process on individual building lots. STAFF CONTACT: City of Tigard Building Official. 24_ Private storm drain lines shall be as necessary to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other properties. A joint use and maintenance agreement should be recorded for lots utilizing common private storm drains. STAFF CONTACT: City of Tigard Building Official. 25. Utility plans will need to be revised to adequately satisfy the concerns raised by the Tigard Water District's February 16, 1993 letter to Jerry Offer (copied to Randy Clarno of Alpha Engineering). Final approval of the plans for water main location and size, including water meters, will need to be approved jointly by the Fire and Water Districts. The applicant shall be responsible for providing the City with ( proof of the Water District and Fire District's approval of P14ES ORCHARD FINAL DECISION PAGE 27 B the revised water service plan. CONTACT: Michael VUllar, Tigard Water District. .'apc°Rv Vsaa.�..a. �barf. BE VALID as�aE arca:� �f �L FOR iatiiafi LLAT' is SVYJ.W.L"9:1 APPROVAL WITHIN EIGHTZZW XONTHE OF THE Z7FECTM DATE ®F THIS DECISION. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. PASSED: This .�L 11, day of c.<��t;1�f , 1993, by the City Council of the-CitT3. mrd. Gerald Edwarcas, maywr Tigard City Council db/Amee20rc 1 1 AMES ORCHARD FINAL DECISION PAGE 28