Resolution No. 93-57 CITY OF TIGARD,OREGON
RESOLUTION NO.93.57
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF
APPEALS OF A PLANNING COMMISSION DE=CISION TO APPROVE A SITE DEVELOPMENT
REVIEW/PLANNED DEVELOPMENT REVIEW APPLICATION (SDR 93-0009/PDR 9:3-0006)
PROPOSED BY TRIAD-TrIGARD UMi TED PARTNERSHIP.
1
WHEREAS,the Planning Commission reviewed this case at Its meeting of August 16, 19993; and
WHEREAS,the Planning Commission approved the application subject to certain conditions of
approval(Planning Commission Final Order 93-14PC);and
WHEREAS,the Planning Commission's decision was appealed to the City Council by separate
appeals filed by Marge Davenport,Beverly Svvirk;and
WHEREAS,this matter came before the City Council at its meeting of October 12, 1993; and
WHEREAS,the Council reviewed the evidence related to the applicants' appeals;
NC..,-1 HEREFORE, ESE IT RESOLVED that the City council upholds the Planning Commission's
decision+.approving Site Development Review/Planned Development Review application(SDR 93-
0009/PDR 93-0006)with some additional conditions of approval and modification of some of the
Commission's conditions of approval. This resolution Is based upon the facts, findings,
conclusions and conditions of approval noted in the attached Exhibit "A".
The City Council further orders that the City Recorder send a copy of this resolution and final
order to the applicant and appellants as a notice of the final decision In this matter.
I PASSED: This Cam' day of f,-?
Mayor- ity of Tigard
ATTEST-
City Recorder City of Tigard
RESOLUTION NO. 93-LI
V
oil
EXHIBIT°A"
CITY OF TIGARD CITY COUNCIL
FINAL ORDER NO.93a? - C.—nciL Russe, :.gym
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH AFFIRMS WITH
MODIFICATIONS PLANNING COMMISSION ORDER NO. 93-11 PC,WHICH APPROVED AN
APPLICATION FOR PLANNED DEVELOPMENT REVIEW DETAILED DEVELOPMENT PLAN
APPROVAL, SITE DEVELOPMENT REVIEW APPROVAL, AND ACCESS VARIANCE
APPROVAL REQUESTED BY TRIAD TIGARD LIMITED PARTNERSHIP.
The Tigard City Council has reviewed the above application at a public hearing on October
12, 1993. The Council has based Its decision on the facts, findings,and conclusions noted
below:
A. FACTS
1. Genesi Information
CASE: Site Development Review SDR 93-0009
Planned Development Review PDR 93-0008
Sensitive Lands Review SLR 93.OWS
REQUEST: Planned Development Roview/Site Development Review of a plan for
development of a 348 unit, 17 building multi-family residential complex on
a 26.2 acre property.
APPLICANT/ Triad Tigard, Ltd. Partnership
OWNER: 320 Andover Park East
Seattle,WA 98138
ENGINEER: Kampe Associates, Inc.
3681 SW Carmen Drive
Lake Oswego, OR 97035
ARCHITECT: Driscoll Architects
2121 First Avenue, Suite 102
Seattle,WA 98121
LOCATION: 11165-11185 SW Naeve Street. North side of Naeve Street, west of SW
109th Avenue, south of the Little Buil Mountain Apartments (VVCTM 2SI
1 ODB,Tax Lots 100 and 200 [also Tax Lot 300 for public road
realignment purposes only];WCTM 2SI 1 OAD,Tax Lot 9300; VVCTM 2SI
1OAC,Tax Lots 600, 700, 800,900).
PLAN DESIGNATION: Medium Density Residential (23 acres)Medium-High
Density Residential(4.2 acres)
FINAL ORDER- SDR 93-0009/PDR 93-0008/SLR 93-0005 TRIAD Page 2
ffm M
ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development overlay)(23
acres)
R-25 (PD) (25 units/acre-Planned Development) (4.2 acres)
APPLICABLE LAW:Community Development Code Chapters 18.32, 18.54, 18.56,
18.80, 18.84, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120,
18.144 and 18.150, and Comprehensive Plan Policies 2.1.1,3.1.1, 3.4.2, 4.2.1,8.1.1,
6.6.1, 7.1.2,7.2.1,7.4.4, 7.5.1.7.6. 1,S. 1. 1, and 8.1.3.
DECISION:Approve this conceptual development pian as requested subject to
conditions.
2. Background Information
The subject parcels have been 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
M,o__1,-.__.,_, ._.+� Cr.,„of Thorn!r_mprehenalve Plan Revision C!,R 1-11
ea aua,,t uiuw�cav,off. a...... ..-._..--'—
approved redesignation of the parcels from Loin Density Residential to Medium 001161-ti
Residential and a zone change to R-12(Residential, 12 units/acre). The Planned
Development(PD)overlay zone was added to the requested R-12 designation so that
all development proposals for the proporties would be required to be reviewed by the
Planning Commission.
In 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 comer of Durham Road and Pacific
Highway. This approval redesignated these properties from High Density Residential
to General Commercial. A result of this decision was the removal of the opportunity
for approximately 400 potential mufti-family housing units from Tigard's inventory of
vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules,
Chapter 660, 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 designated planning area. The
Albertson's CPA was approved on the condition of redesignation of sufficient
residential land to higher den3ft'ses 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 residential densities to make up for the housing opportunity
shortfall created by the Albertson's decision. The Western half of Tax Lot 200 and the
parcel to the west were proposed for Plan/Zone redesignation from Medium Density
Residential/R-12(PD)to Medium-High Density Residential/R-25 (PD) (Comprehensive
Pian Amendment CPA 8707(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 prior owners of Tax Lot 200 requested a Plan Map Amendment from
Medium Density Residential to Medium-High Density Residential, and a Zone Change
t
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 3
_A._; -
from R-12(PD) (Residential, 12 unfts/acre, Planned Development) to R-25(PD)
(Residential,25 units/acre, Planned Development)for the eastern 4.27 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
Planned Amendment/Zone Change on April 24, 1989.
Tax Lot 100,which is located at the northwest comer of the intersection of SW Naeve
..+.._ a SIA' Harr. Avenue ,,,nrc the subs' ^t r_,f a QiihH1vig(nn/P1= rick ri nwvalnnmwnf
7N OOt all4 sl9! tvo�a
review by the Planning Commission of�.tui G v, '"1011(vubdivioiv:: v vvv7/Piwilivd
Development PD 89-01). That application requested Planned Development conceptual
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 tm
approximate center of the parcel with connections to SW 109th Avenue as well as to
the property to the vvest. 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 the approval has since
expired.
Also on June 6, 1998, the Planning Commission reviewed a proposal for Planned
Dvvvelopment/�I G Vv4elopmiarlt fn9evlew apprVVG of a request to construct a 72 unit
apartment complex on Tax Lots 900 and 9300 north of the previously described
proposed subdivivon (Planned Development PD 89-02, Site Development Review SDR
89-06,Variance V 89-20). These tax lots are also part of the current application. The
Commission approved the proposed development plan which included a cul-de-sac
t bulb at the end of the northern segment of SW 109th Avenue, approximately 250 north
of the cul-de-sac 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 multifamily residential character on the top half of Little Buil 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 Planning
Commission's 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 request 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 Commission. 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, however, requested that the hearing for
reconsideration be indefinitely postponed until the applicant determined whether to
pursue the application further. No further action on that application has been taken.
The current applicant, Triad Tigard Limited Partnership,first made Site Development
Review/Planned Development Review application for development of a 364 unit
FINAL ORDER-SDR 93-0009/PDR 53-0006/SLR 93-0005 TRIAD Page 4
apartment complex for the entire site in early 1990(SDR 9CHM04/PDR 90-0002). The
proposal was fairly similar to the current proposal except that there was no public
roadway proposed to cut through the site as is currently proposed. The development
site was to be bounded by SW Naeve Street and SW 109th Avenue.
The Commission approved this prior application subject to conditions on May 11,
1990. The Commission's final order included conditions requiring that the two
segments of SW 109th Avenue abutting the site be permanently separated and also
closing SW 109th south of Naeve Street (Commission Final Order 90-111. The
Planning Commission's decision was reviewed by the City Council on June 25, 1990.
The City Council remanded the application back to the Commission for further review
regarding the proposed development's potential traffic Impacts on nearby streets.
1wduµ 'I in,the c:*cusrl�^� ...;. ,.�i.°^.i^.m v a:.`..9 Gf y' 'i]Gpf aci sci rYofj
from the west through the site to connect with SW 109th.
On September 4, 1990,the Commission on remand approved an amended application
including a variance to the maximum local street grade standard for SW 109th Avenue
(Commission Finai Order 90-22). �;s approval a!=>�"i owl development cf
emergency vehicle access connection between SW Weave Street and SW 109th
Avenue in Summerfleld, but no public street connection. This decision was appealed
to the Council by NPO 6.On appeal, the Council reversed the Planning Commission's
approval thereby denying the application (Resolution No. 90-71). The Council's
findings In support of this decision indicate that the Council did not find that the public
street connection between SW Naeve Street and SW 109th Avenue in Summerfield
was acceptable because it would not provide for an efficient neighborhood circulation
system and needed connections bei Peen residential neighborhoods with Pacific
Highway. The Council also was opposed to the development plan's proposal to direct
a significant amount of traffic onto an over-steep local street (SW 109th). In addition,
the Council was not convinced that a public road or private driveway connection to
SW Pacific Highway at the Beef Bend Road Intersection was not possible to serve the
proposed development.
in partial response to the previously described application, NPO 6 requested a
Comprehensive Plan Amendment to the Transportation Plan Map to remove the
collector street designation from SW Naeve Street and designate a study area in this
area seeking a collector street connsetion between the Pacific Highway/Royalty
Parkway signalized intersection and the SW 109th Avenue/Murdock Street
intersection,with a possible future connection of this collector street to SW Battier
Street. The City Council approved this map change on August 13, 1991 (Ordinance
91-22). The Council's decision was final on September 13, 1991. The Council's
decision was appealed to the Oregon Land Use Board of Appeals(LUBA)by a
neighbor of the proposed development site, Marge Davenport.
On October 14, 1991,the Planning Commission approved with conditions the current
Planned Development Review/Sae Development Review application submitted by the
applicant(Planning Commission Final Order No.91-11 PC). This application
incorporates the realignment of 109th Avenue approved by the City Council in the
current site plan for a 348 unit apartment complex.
I"
FINAL ORDER-SDR 93-0009/PDR 93-0OOS/SLR 93-0005 TRIAD Page 5
NPO#6 and Marge E.Davenport separately appealed the Planning Commission's
decision to the Council. NPO#6's sole concern was that the completion of site
development not occur before construction of 109th Avenue through to Paclfio
Highway was completed. Ms. Davenport's appeal raised a number of Issues,
Including environmental effects, soil stability,and traffic effects. The Council held a
l public hearing on the appeal on December 10, 1991. The hearing was continued to
February 25, 1892; March 10, 1992; and April 14, 1992. At the March 14th hearing;
tha applicant su b, need a modified preliminary site plan that contained additional Ops,
apace on the northern boundary of the property in order to further minimize any p
adverse effect the development might have on vegetation and wildlife. At this public
hearing the Council approved this application.
Marge E. Davenport subsequently appealed the Council's approval of this application
to the State of Oregon Land Use Board of Appeals(LUBA). This appeal specified a
number of concerns. One of those concerns was that the City erred by applying the
amended, but as yet unacknowledged, Tigard Transportation Plan Map amendment
regarding the extension of SW 109th Avenue.
On October 22, 1992, LUBA remanded the application back to the City on a
procedural issue only,which was that the application for development should not have
been processed prior to the Comprehensive Plan Map amendment being
acknowledged. This amendment is now acknowledged and upheld by LUBA, and the
effects of such are taken into account by this current review and recommendation.
No other land use or development applications have been reviewed by the City for Tax
Lots 600, 700, and 800.
3. viginb Information
The development pattern in the area of the subject site consists of existing duplexes
and the 130-unit Timberline apartment development to the north;the Canterbury I
Woods condominium development to the northeast; single family residences and a
nursery on large parcels to the east; an undeveloped parcel covered with tall fir trees Ii
to the west (tax lot 300) [NOTE:the Planning Commission has recently approved
development of a church on this site]; Pacific Highway and Icing City further west; and
the Summerfield planned community to the south. The Fountains at Summerfield
cndominium complex is Immediately south of the site.
As previously noted,the City's Transportation Plan Map now calls for a minor collector
extension of S.W. 109th to be constructed through the subject property.
The subject property has approximately 890 feet of frontage on SW Naeve Street
which Is now functionally classified as a local street. SW Naeve Street is generally
substandard in w] width and state of improvements,with the exception of the frontage
of the Fountains at Summerfield development to the south. Haff-street improvements,
including approximately 30 feet of pavement,curbs,a sidewalk, and streetlights have
been installed along the Fountain's frontage.
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRiAD Page 6
mom
IL
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The subject parcels have approximately 1,500 feet of total frontage along the
alignment of SW loath Avenue. SW loath Avenue, north of the Intersection with SW
Naeve Street, is a steep gravel road extending approximately 1200 feet 1,3 a dead end.
Approximately 200 feet further north beyond this dead end,the northern segment of
Am SW loath Avenue continues. This northern section of SW loath Avenue extends
northward to Canterbury Lane. The subject properties have approximately 100 feet of
frontaae along this northern section of SW loath Avenue. Tax lots 500; 700 end Scx_1
have approximately 360 feet of frontage on SW Pacific Highway. Pacific Highway Is a
4-lane divided arterial. The southwestern corner of the subject site along SW Naeve is
located approximately 500 feet east of the Naeve/Pacific Highway Intersection. A left-
tum lane is provided on Pacific Highway for southbound traffic onto SW Naeve Street.
The Intersection of SW Naeve Street and Pacific Highway is not signalized.
4. Site Information
The subject 26.2 acre property previously contained houses on Tax Lots 200, 700,
600, and 9300. All have been removed except for the house on tax lot 9300 (despite
the applicatlon's topographic survey and tree survey still showing these houses to be
In e)istence). The remainder Off a ee piOpP614 15V.-= s .Q J6 cA w4k'w""~"n-s-tion'f
tail fir trees, lower height deciduous trees,and brush. 'rhe property slopes
predominantly to the south and southwest at varying grades. Approximately 0.8 acres
on tax lots 800, 700,and 600 in the northwestern comer of the site has a slope of
greater than 25 percent,as np,stra4ed on the site plan-sheet Aloo.(6/14/93)
5. Proposal Descri[p=
The applicants propose to develop a 348 unit apartment complex on this site. The
development would include 104 one-bedroom,148 two-bedroom,and 98 three
bedroom units. The development site would be split by a curved collector street
connection between SW Naeve Street and SW loath Avenue intended to conform with
the recently adopted Transportation Map amendment for this area. The alignment of
SW Naeve
Street to the west is proposed to be shifted somewhat northward in order to provide
for a 90 degree Intersection with this proposed now street.
The applicants' revised site plan dated June 14, 1993 modifies the site plan previously
reviewed by the Planning Commission In 1991 by moving the northernmost row of
apartments and parking spaces to the south. This revision allows additional
coniferous trees and vegetation to be preserved through enlarging the buffer area on
the northern boundary of the site.
The site plan proposal Includes a recreation building located near the center of the
site. An outdoor pool and spa, a lounge and sauna within the recreation building, and
playground areas and a walking path are proposed to provide recreational facilities for
the proposed development The size of the proposed recreation building has been
reduced from what was previously proposed.
FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93.0005 TRIAD Page 7
The steep,wooded area included within tax lots 600,700 and S00 would not include
any new improvements.
Parking would be provided by 609 total parking spaces consisting of 374 covered
parking spaces(combination of carports, separate garages and under apartment
building garages), 14 designated handleappea parking space (ail under cover'),and
235 other uncovered spaces. This represents a reduction of 52 toted parking spaces
from what had previously been proposed,with most of the reduction being made
along the central driveway In the northern segment of the proposed complex.
The southern section of the proposed development which contains 60 units would be
served by one 24-foot wide access driveway from the proposed 109tb-Royaky
Par,way connecting street. No driveways to this section of the development would be
provided from either SW Naeve Street or SW 109th Avenue,although th!s area of the
development would have a significant amount of frontage on each of these streets.
The plans propose dedication of right-of-way to 25 feet from centerline for both streets
as well as the construction of iccal street improvements.
The northern portion of the proposed development is proposed to be served by a 24
foot wide main access driveway from the proposed connector street extending
northward through the site to a connection with SW 109th Avenue in the northeastern
section of the site. The northern section would also be served by two 24-cot wide
access driveways onto SW 109th Avenue that would extend westward to connect with
the main Internal roadway. A network of five foot wide sidewalks would be provided
along the primary roadway and between parking areas and residential buildings. A
north-south sofit surfaced pathway would also be provided through landscaped and
tree covered area on the eastern portion of the site.
The preliminary landscaping plan (sheet L-100) shows existing trees that are proposed
to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 600 Is to
be left with existing vegetation. The landscaping plan calls for removing underbrush
and planting lawn and a variety of bushes and trees throughout the pardon of the site
to be develcped in order to create a park-fake appearance on the site. The
landscaping plan shows cross sections of proposed perimeter buffer material
arrangements and lists plant materials. Sheet L-101 provides planting details for the
southeastern corner of the northern section of the proposed complex.
6. Agency and NPO Comments
The Engb2ffjng Department has reviewed this proposal and has offered the following
comments:
STREETS:
The site has frontage onto S.W. 109th Avenue, S.W.Naeve Street, and S.W.Pac fic
Highway.
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 8
S.W. 10th Avenue is a gravel surfaced street with the northern portion unimproved.
Currently S.W. 109th Avenue runs in a north/south fashion on the east edge of the
development. Based on the preliminary plans, S.W. 1096 Ili bo reconfigured. For
this report,the following clarificat!on/definitions for S.W. 109th Avenue will be used:
A. "cid S.W 1=h" • iii be that portion of S.W. 109th between the existing
Intersection of 109th/Naeve north for a distance of approximately 400 feet;
B. "New S.W. 109th"will be the alignment specified on the Comprehensive Plan
Transportation Map, as follows:
(1) From Highway 99W to the new 109th/Naeve Intersection (which is
approximately 890 feet west of the existing intersection);
(2) From the neva 109th/Naeve intersection through the proposed
development to a point that Is approximately 700 feet north of the
existing Intersection of 109th/Naeve;
(3) From the point that is 700 feet north of the existing intersection of
109th/Naeve to the existing paved street near the northeast corner of the
development.
L� SSI,..e... L....sJ -
-,C— ino a`uuVc VG7V�/�/UVIIJ mio y gJO{A v�� `u`�6 ri�i iiidanis preliminary sire pISfI C78F®a7
May 20, 1993.
The existing S.W. 109th will terminate approximately 400 feet north of the existing S.W.
( Naeve/109th intersectic:n In a hammerhead. It Is proposed that the existing S.W.
109th remain a gravel road. The proposed new development will have no driveway
access to existing S.W. 109th. Existing S.W. 109th will serve only the driveways to two
existing homes. Since the amendment of the Comprehensive Plan Transportation
Map, the Existing S.W. 109th is not envisioned as part of the long-range plan for the
neighborhood. When the property to the east Is redeveloped in the future, It is
expected that the existing S.W. 109th will be eliminated or substantially reconfigured.
Therefore,the proposal to leave existing S.W. 109th as a gravel street is acceptable.
The Comprehensive Plan Transportation Map provides that the New 109th Ave., which
will be built to minor collector standards,will eventually intersect Pacific Highway
across from Royalty Parkway then proceed in a northeastern direction and connect
with the existing S.W. 109th Avenue.
The applicant proposes to fully develop the road from the new intersection of
109th/Naeve,located in the southeast corner of the project,to where the road meets
the existing paved street near the northeast corner of the development. The
preliminary profile indicates the grade to be 12 percent,the maximum allowed by City
standards. Although not proposed by the developers,we feel that it may be
appropriate to construct New 109th to a reduced street width north of the main
entrance to the new development. On-street parking should not be needed In this
area. Based on traffic projections,there should not be a need for tum lanes.
FINAL ORDER-SDR 93-0009/PDR 93-OW6/SLR 93-0005 TRIAD Page 9
f
Therefore, the full minor collector street width may not be necessary. Reducing the
street width would help to fit the street into existing steep grades and to match the
existing 108th Avenue to the north. A reduced street width would reduce City
maintenance and encourages lower traffic speeds. For these reasons, it Is
recommended that the Planning Commission authorize the City Engineer to approve
reduced width. Deteiis wouid be worked out wRh the developer's englneer durina final
design of trio street Improvements.
S.W. Naeve Street is a partially paved, mostly gravel surfaced local street. The
applicant proposes to provide full street Improvements in the vicinity of the new
Intersection of 109th and Naeve; from the interrectlon eastward,the applicant is
proposing to provide two-thirds street improvements. In addition, the applicant Is
proposing a minor change to the old 109th/Naeve intersection by bringing it more into
a 90-degree intersection. This minor realignment Is intended to help discourage traffio
Into Summerfield and better provides for extension of Naeve in the future when the
property to the east redevelops. Therefore the applicant should be required to
construct the following:
A. full street improvements in the vicinity of the new Naeve/109th street
Intersection; l
l
two -d ,.teat I pmvernentc from the anti of the full street Improvements to
B. t�Srv-u n��d ou vo• mp.v .. from the_.._ _. _.. ._. street- .._ .__ __ ,q
the old Naeve/109th street intersection;
'sl
C. realignment of Naeve to intersect Old 109th at a 90-degree angle.
f 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's frontage.
Prior to the authorization for construction of the public improvements,the developer
and the City should enter into an agreement for the construction of S.W. 109th
between Highway 99 and the Naeve/109th intersection. Final wording of the
agreement should be reviewed and approved by the Ctty Attorney.
SANITARY SEWER:
Sanitary sewer Is proposed to be extended through the site from the system at the
corner of Naeve Street and 109th Avenue. This system appears to have adequate
capacity to serve the site. The applicant or the applicant's engineer should be
required to verify that the existing sanitary sewer system is able to handle this
development and any future development that would connect to this system.
STORM SEWER:
Most of the site slopes toward Naeve Street which then drains to 109th Avenue and
Pacific Highway.
FINAL ORDER- SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 10
rro
The proposed storm drainage system is a collection o. on-site conveyance structures
which dissipate energy and spread out the flow path, where the final runoff will be
conveyed to
an existing 30" storm drain at the Intersection of S.W. Neeve and S.W. 109th Avenue.
After review of the plans submitted by the applicant's engineer it became apparent
there were potential problems. In the areas where the storm drainage system crosses
.,._system was going from a private to public and back to private
® a puoli�road, uiv�ya•v,,, :....,a.....n . �..____
system without a break,and could cause potential maintenance problems. After
discussions with the applicant's engineer, it was determined that the best solution was
to keep each system separate with the final design being approved by the City's
Engineering Department.
Therefore the applicant should be required to do the following:
A. Evaluate the existing pipe in 109th Avenue to determine If it has adequate
capacity to handle ultimate development of the entire drainage basin;
B. Design jile cin-site water quality facility to meet current unified Sewerage
Agency design standards; further,verify that it will be the responsibility of the
owners of the site to maintain such facilities; and
D. Design the system so that there is a clear delineation between the private and
public storm drainage systems.
�g t3uilding_Division has reviewed this application and states the applicant^hould address
the location of all utilities which are to serve the site. Additionally, a drainage plan should be
submitted to show how all roof, underfloor and paved area drainage will be conducted to an
approved storm sewer system.
Tualatin Valley Fire District states that the plans which were submitted (dated May 20, 1993),
were not complete enough to provide a full review for hydrant location. If the plans have not
changed from the previous submittal, and alterations have been made as reques'ed by the
last approval,then the submittal is acceptable. The following comments were made by the
Fire District on the previous submittal:
a. Hydrant locations will need to be coordinated between the Fire District and the Tigard
Water District. hydrants will need to be placed within 250 feet of all exterior portions
of all buildings; however,this distance may be increased if buildings are equipped with
automatic fire sprinkler. Hydrants should be placed at all intersections.
b. The Fire District would prefer to see an emergency vehicle access between the
parking area for the southern portion of the development and the southernmost
section of SW 109th Avenue. Staff discussed this comment with Gene Girchiil of the
Fire District on September 22, 1991 Mr. eirchill commented that an emergency
vehicle access is a
"preference" and not necessarily a need. If an emergency access is developed, it
could be a grass-crate pad through the development's landscaped area.
FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 11
Ew
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abo
C, Fire fighting access roads should be extended to within 150 feet of all exterior portions
of all buildings;however,this distance may be Increased R automatic firs sprinklers are
utilized.
d. The applicant and the City Building Division have been provided with further details
regarding necessary fire protection for the proposed development.
Ilg_ard SCh Qj District 23J has reviewed the proposal and has noted that the proposed
development Is projected to generate 25 new students for Templeton Elementary School, 10
new students at Twality Middle School, and 7 new students at Tigard High School. The
School
District notes that school capacities at Templeton Elementary School and the High School
are already exceeded, although Twality Middle School Is presently below capacity,and that
this will not be changed by this application. The District nt,'es that the core facility of both
the High School and Templeton Elementary School are insufficient to be able to consider
portable additions. Additional school capacity may be provided by other options under
consideration by the School District, Including:grade level reconfiguration, rescheduled
__ "....,..d --,,.,rear-�rfl—+rl .--- las_fliture
school year, boundary adjustments, double si��"I g, .,..u.,.a+-----e. __.i7_
bond measures leading to construction of new fenilitles and other school housing options.
�jqr cif King Chty has submitted comments which state that icing City's Interest is that storm
drainage be confined to a routing on the east side of Highway 99 rather than crossing 99W
with a discharge Into Icing City's sy5teri,on the west de of 99W. in regards to she trefai_
issue, 141ng City states that they are aware of the plans to improve SW 10M Avenue to 99W,
and also to improve the Intersection of Royalty Parkway In Icing City;99W and 109tb. The
City is on record of supporting the improvements to 109th and the Intersection of 99W and
( Royalty Parkway. Wng City assumes that traffic issues will be addressed vvithin the context of
Washington County's Traffic Management Pian.
Metro Area 0ommunications Commission (MACC) specifies two major concerns. MACC
recommends that the developers Insure that the residents of the Arbor Heights Apartments
have franchised cable service available to them. Secondly,the developers should notify
Columbia Cable in advance as to when trenches will be opened for electricity and telephone
service, so that Columbia can Install cable most efficiently. The developer should confect
Josh Silverman of MACC for further information (Phone#529-8534).
Tigard Police Deoadmant has stated that they have major concerns with the proposed
addressing of this development. The Police Department requests that the applicant receive
approvalfrom the City of Tigard Police Department prior to assigning or installing addressing
on buildings or directional address boards internal to the development.
Neighborhood Planning Organization 6(NPO 6) has reviewed this application and states that
they object to this development on the grounds that it:
A. Destroys the Little Bull Mountain natural forest which is protected by Goal 5 In the
-.1gard Comprehensive Plan;
B. Unnecessarily Increases Tigard area traffic which is already overburdened;
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 12
w
C. Places an additional burden on the school district; and
D. Will inundate the adjacent retirement communities of Summerfield and King City with
traffic,creating hazards for elderly pedestrians and golf carts.
The NPO passed the following motion with 3 ayes, 1 nay and 1 abstention at its meeting on
June 16,1993:
"NPO 6 feels that, in light of the tremendous urban development in our NPO and the
areas adjacent to the Tualatin River,the zoning change made in the 1980's Is no
longer appropriate. We believe the original low density zoning is imperative and we
recommend the zoning be restored to this site."
Oregon State Highway Division has reviewed the proposal and has commented that
type C curb and sidewalk as well as storm drainage Improvements will be required
along the site's Pacific Highway frontage. The existing driveways to tax lots 700 and 'y
600 should be removed. An access reserve strip should be recorded along this
frontage. Street opening and access permits must be obtained from ODO T.
Tigard Water District has reviewed the proposal and has not provided any new
comments. With the prior application,the Water District reported no objections to the
proposed development but noted that the site requires service from two water
pressure zones. Zone 1 Is supplied by the pressurized system on u�a top of URIs vull
Mountain. Zone 2 Is a gravity system from the existing water line at the corner of SW
Naeve Street and SW 109th. In addition,the Water District has noted that because of
the size of the buildings, each building is to have its own 21nch water meter. The
Irrigation system will need to be metered separately with Turbo meters. Water meter
locations are to be provided with a minimum planter area of 3 feet by 5 feet. This also
holds true for fire hydrants. Water meters and fire hydrants are not allowed to be
located In asphalt or concrete,or behind carports, garages, or retaining walls. All
water lines must be ductile iron class 52.
Other affected reviewing agencies have been contacted for input regarding this
applanation and have either had no concerns or have not returned any comments to
the City.
The City received a letter from William Lindsay dated July 30, 1993, objecting to the
density allowed by the zoning, and the effect on the traffic congestion on Pacific '
Highway. (Copy of letter attached).
The City received a letter in opposition of this development from Mr. Douglas J.
Coleman on July 30, 1993. Mr.Coleman's letter states that the Tigard School District
cannot accommodate the influx of students projected to result from this development
Additionally,the road system cannot accommodate the increased traffic flow. He
notes the loss of the natural habitat and requests that this pian be denied. (Copy of
letter attached).
FINAL.ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 13
i�
The City received a letter dated August 7, 1993,from Lenore Schuster objecting to the
development on the basis of the size (number of units) and transportation and parking
issues. (Copy of letter attached).
The City received a letter from Diane Barton,dated August 9, 1983, objecting on the
basis of school capacity. (Copy of letter attached).
B. DECISION:
The application is consistent with all relevant criteria as noted below:
The relevant criteria in this case are Tigard Community Development Code (TCDC)
chapters
18.54, 18.56, 18.80, 18.84, 18.52, 18.96, 18.98, 18.100, 18.102, 18.108, 18.108,
18.114, 18.720, 18.144,and 18.150. Applicable Tigard Comprehensive Plan Policies
are 2.1.1, 3.1.1, 3.4.2, 4.2.1, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.6.1, S.1.1 and
8.1.3.
i n..m�-��___
_ u,o1eQ11„tlt'7 rll7fl 1011 -e?C
The 010ffiffi m ` Policy 2.1.1 is satisfied because NPO
No. 6 was notified of the hsaring and commented on the proposal. A
pubiin notice wn� b ffah_a,__.
hearing. rv�`"�`""" °"c'uding the date, time and piece of the
(b) Poligy 3,1.1. This Policy Is Implemented through Tigard Community
Development Co. (`TCDC") chapter 18.84 and Is met because the
northwestern portion of this site containing slopes over 25 percent is
proposed to remain in its natural state. The applicant's geotechnical
engineering study prepared by Terra Associates, Inc. shows that the
remainder of the site has few, If any, significant development constraints.
r The proposed apartment buildings, accessory structures and parking lots
can be constructed without difficulty through the use of the established
and proven engineering techniques described in Terra Associates'study.
The Planning Commission concluded that the Terra Associates'study is
substantial evidence to show that development will not occur In areas
having slopes in excess of 25 percent except with established and
proven engineering techniques and that the remainder of the site is not
subject to the listed development limitations.
(c) This policy requires the City to protect fish and wildlife
habitat along stream corridors and areas of standing trees and natural
vegetation along natural drainage courses and waterways where
possible, to review development proposals In designated timbered or tree
areas through the planned development process to minimize the number
of trees removed and to require cluster-type development in areas with
important wildlife habitat values defined in the City's "Fish and Wildlife
Habitat Map."
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD page 14
HUM W
Policy 3.4.2 and its implementing measures apply directly only to the
mature coniferous forcat on the northern portion of the site Identified as
"Area A" In figure 3 of the March 1992 Fishman Emdronmental Services
report,which Is a part of the record and was physically before the
Planning Commission. Area A is the portion of the she within the Little
Buil Mountain Natural Forest,the only significant natural resource that the
Comprehensive Goal 5 analysis designates on the site. No significant
wildlife habitat areas are designated on the site by the pian. In fact, the
Little Bull Mountain Natural Forest is Inventoried because of its scenic
value. Tigard Comprehensive Plan volume 1,96.
Pursuant to the requirements of Statewide Planning Goal 5,the City
Inventoried Goal 5 resources and designated in its Comprehensive Plan
those resources that it determined to be significant. Comprehensive
Plan,volume I, pages 94-109. For the designated Goal 5 resources,the
plan identifies potential conflicts; performs an economic,social,
environmental and energy consequences analysis of the conflicts; and
adopts a proi to read-ID the Crnflicts. `Sfti&,. The City's
Comprehensive Plan, including its Goal 5 provisions,were acknowiedged
by the Land Conservation Development Commission on October 11,
1984.
The summit of Little mull ffounteln is mentioned as a"special area"in an
area of scenic value in the City's natural features and open space
Comprehensive Plan report. 3M Comprehensive Plan,volume 1, page
42. The summit of Little Bull Mountain outside of the Little Bull Mountain
Natural Forest was not inventoried as a significant Goal 5 resource.
The Comprehensive Plan resolved conflicts between Little Bull Mountain
Natural Forest's scenic values and of land uses in accordance with
I Statewide Planning Goal 5. All of the areas included In the Little Bull
Mountain Natural Forest are designated by the Comprehensive Pian for
future residential development. Although the plan's background
document noted that the area was zoned for low-density residential
development, the City, as noted above, approved plan amendments
increasing the residential density of the area. These amendments are an
acknowledged part of the plan. The plan's Goal 5 analysis notes that
future development may create conflicts with the designated Goal 5
resources of the Little Bull Mountain Natural Forest and resolves the
conflict as follows.
'The significant wooded areas are identified and mapped. The policy of the
city's comprehensive plan is that these areas will be preserved in a natural state
g§much as_po_ssible or integrated into the design of any develooment,J,@,,
parking lot island, building set-backs,street rights-of-way and landscaping areas
whenever possible. if it is necessary to remove a portion or all of the trees,the
replacement landscape feature shall be subject to approval by the applicable
approval authority." Comprehensive Plan, volume I, p. 95.
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 15
The plan expressly requires that"development proposals In
designated timbered or tree areas be reviewed through the plan
development process to minimize the number of trees
removed." Plan Policy 3.4.2-b. The plan thus expressly
} anticipates that future residential development may remove
some or all of the trees,providing the development complies
with the Implementing provisions of the TCDC. The City's
acknowledged Comprehensive Plan thus expressly anticipates
residential development in the area despite conflicts with the
designated goal 5 resource in the Little Bull Mountain Natural
Forest.
The proposed development complies with the TCDC provisions that
implement Policy 3.4.2. The proposed development minimizes to the
greatest extent possible the number of trees to be removed, I
particularly the mature coniferous trees that Ile within the Little Bull a
Mountain Natural Forest in the northern portions of the site. The
nort.h,.vevtsrn portlon a,the site is ieid antireiy undisturbed, and a large
buffer of coniferous trees is left along the northern boundary of the
site,as recommended by the Fishman Report. In addition, the site
plan incorporates several groves of existing mature trees within the
landscaping areas of the developed portion of the site and provides
substantial replacement landscaping in areas that will be disturbed.
Furthermore,the applicant is required to obtain a tree removal permit
In accordance with the provisions of TWO Chapter 15.150 before
{ removing any trees. Permits may be granted only when the City finds
that the removal of the tree is necessary to accommodate structures,
driveways, utilities or other proposed site Improvements. The she plan
illustrates trees within the development that will be removed and
demonstrates compliance with Policy 3.4.2 and Its Implementing
provisions. A detailed tree survey and an arborist's report outlining
methods of protection of the trees to be retained is to be submitted
prior to the issuance of a site grading or clearing permit or tree
removal
Marge Davenport submitted an unsigned anti unda4;?±, one-pFaragraph
statement on Aragon Department of Wildiffe�Fish letterhead,
our orting to take a contrary position to the Fish��.a.. s+�udy• Sam
declines to give this letter any credibility whatsoever because it
is unsigned and undated and because it Is unclear precisely which
project it refers to.
(d) Pokey,-2.1. This policy requires that al!development shall
comply with applicable federal, state and regional water quality
standards. A condition of approval requires the applicant to
prepare an erosion control plan as part of the improvement
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-4005 TRIAD Page 18
drawings,and to obtain a permit meeting the requirements of
the NPDES and Tualatin Basin Erosion Control Program. The
J1JZJJM finds that this policy can be satisfied through these
condttions of approval.
poiicv 6.1.1. This policy requires the City to provide an
opportunity for diversity of housing densities and residential
bus rice and rent levels. This policy is satisfied
types at various p p cy
because this proposed multi-family project adds to the housing
diversity in a community that is predominantly developed with
single-family residences at lower densities. This site has been
designated for multi-family development by the Comprehensive
Pian for some time.
Beverly Swink testified that the area surrounding Summerfleld
and this site Is saturated with apartments. The OEM=
finds that Policy 6.1.1 requires a diversity of housing
opportunities throughout the city without consideration of a
partcuiar araea. 1-116 Presence of a number of apartment units
at this location simply implements the City's density
requirements. Moreover, the JIMIRM rejects the argument
that more apartments than sin le-farm homes In a given area
is contrary to city policy. The finds that this policy
Is met.
(f) Poricy B.(!1. This policy requires the City to provide appropriate
buffers between different types of land uses (for example,
between single-family and multi-family residential) and to
provide on-sIte screening of various uses within a housing
development. This policy is implemented through TCDC
Chapter 18.100, "Landscaping and Screening," and TCDC
g 18.80.1220(A)(3)(b). Compliance with these TCDC provisions
are discussed later in these findings.
(g) policy 7.2.1. In order to satisfy this policy,the applicant will, as
condition of approval, provide an appropriately engineered pian
for disposing of stormwater run-off from the site In a manner
that will not adversely affect any downstream property owners
or jurisdictions. Based upon the view of technical evidence and
In the record,the"t Wi , . finds that it Is feasible for the
F.pplicant to satisfy this condition. f
(h) PQhcy 7.4.4. This policy is met because the entire apartment
complex will be connected to the public sanitary sewer system.
(1) Policies 7.5.2 and 7.6.1. These policies are met because the
Tigard Police Department and the Tualatin Valley Fire District
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 17
have reviewed this application and have offer ad comments that
have been Incorporated into the staff report.
�) golicv 81.1.
This policy requires the provision oS a safe and
efficlent street system that meets current and anticipated future
growth and development needs. This policy Is satlerled for the
following reasons'
1. the main driveway entrance to the development is I
proposed to be on the realigned 109th Avenue,a minor
collector street intended to accommodate the
approximately 2,000 vehicles per day that this
development is expected to generate. Secondary access
is also provided onto SW 109th Avenue which,In turn,
provides direct traffic from the development south onto
the new street or north to SW Canterbury Lane,also a
minor coiiedcr. The a^^"rr••c'-.nt's traffic report Indicated
that so,ne traffic will travel south of SW Naeve Street on
SW 109th if the street is left open. The proposed
segmenting of both SVV Naeve Street and SW 109th
t Plica,d'y discourage southbound traffic on
d�t�enUe will ao��,.,w,.-.�
SYJ 109th Avenue through the Summerfield
neighborhood.
Opponents testified that they believed this project would
result In Increased traffic through Summerfield,with
Increased danger to pedestrians and golfers. The
applicant's evidence, especially the traffic study,shows
that the vast majority of the traffic will either go north to
SW Canterbury Lane or southwest to Highway 99W. The
finds there is little lii eilhood that a
substantial increase of traffic through the Summerfield
neighborhood will result from this proposal. Moreover,
testimony by Beverly Swink indicated that some"pass-
through"traffic airs ad occurs in the Summerfield r
neihborhood.
Thee
�� � finds this to bedenthat if there is
} per x�re .r
a problem associated with pass-through traffic;it exists
regardless of the Triad development and, moreover,the ;
realignment of SW 109th and Naeve Avenue will
significantly reduce the chances of Increased pass-
through traffic from the Triad development.
Thekffififfconsidered but rejected a condition of
approval requiring a"No Left Turn"sign to be installed at
the Intersection of SW Naeve and SW 909th. The
i
FiNAL ORDER-SDR 93-00139/PDR 93-0006/SLR 93-0005 TRIAD Page 18
I
finds that a"No Left Tura° sign would likely be
ignored and, if it is required In the future,can be
Installed.
II. The�pmprovemalonicant g responsible
g the frontage of its ruction of
development.
Iil. Based upon traffic studies In the record,the �.
concludes that the traffic generated by this development
will be within the capacity of the adjacent local street
system. This conclusion holds strue.even If SW 109th
Avenue is not constructed between Naeve Street and
Highway 99W. However,the applicant has agreed to
construct a portion of Naeve Street, and a condition of
approval requires such construction. In addition, the
church will be required to construct two-thirds of Nasve
street upon S i;oMPlvuun.
iV. The applicant has agreed to enter into an agreement with
the City whereby the applicant will contribute$300,000 to
the construction of th!s pardon 1099th Avenue
south of Naeve in exchange for a$300,000 traffic impact
fee credit.
(k) Policy 8.1.3. This policy is satisfied for the following reasons:
(, 1. The development abuts three public streets which will
provide it with appropriate and adequate access
approved by the appropriate approval authority.
11. Sufficient street right-of-way shall be dedicated as a ,
condition of approval along the existing SW Naeve
Street, as well as full right-of-wry dedication for the new
collector street through the project.
Iii. The developer will construct streets,curves and
sidewalks to City standar development.
ds within the p
IV. The developer will participate in necessary street
improvements to the extent of its impacts.
V. Transit stops, bus turn-out latlas and shelters are not
required to be provided because the project Is on a
street (SW 109th) not served by public transit. The
portion of the project adjacent to Highway 99W is not
suitable for a bus shelter because of the steep slope
FINAL L ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 19
�e
between the ro ect and the h! hwa
vi. Parking spaces will be set aside and marked for cars
operated by disabled Individuals,and those spaces will
be located as close as possible to the entrance
designated for disabled persons.
vii. This site is not affected by the City's adopted
Bicycle/Pedestrian Plan.
2. TCDC Provisions.
(a) Chanter 18.54 (R-12,Zgng). This chapter Is satisfied because the
proposal conforms with the use, density and applicable dimensional
requirements of the R-12 zone.
(b) rrnr�r`h�n�r 1f3.56 fR-25 ZonAl. This chanter is satisfied becauag
the proposal conforms with the use, density and applicable
dimensional requirements of the R-25 zone applied to the western
portion of Tax Lot 200.
(c) 'TaUay®iraam ae ° This Ch-- *-r is satisfied
because the proposal has been reviewed as required by the
provisions of the Planned Development Overlay Zone. The Planned
Development Overlay Tone approval standards are found at TCDC
( § 18.80.120. These approval standards ln!orporate various TCDC
chapters described here. In addition, TCDC § 18.80.120(a)(3) sets
forth the additional following criteria:
a. Relation to the natural and physical environment.
(I) As demonstrated by the site plan submitted by the
applicant,the proposed development preserves existing
trees,topography and natural drainage to the greatest
degree possible. The most important trees on the site
are the large,mature coniferous trees on the
northwestern and northern portions of the site. The
proposed development leaves the northwestern corner
entirely In its natural state and preserves the lame traces
alon the northern border of the site.
Development on the
remainder of the site avoids large stands of mature trees
wherever possible and incorporates them Into the
landscape pian. In addition, a tree removal permit
pursuant to TCDC Chapter 18.150 will be required before
trees with a diameter of six inches or greater can be
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 20
removed, and a arborist`s report describing
protection measures for existing trees during
construction will be required as condition of approval.
With respect to topography and drainage,the proposed
F development follows the natural contour of the she and
avoids the steep slopes in the northwestern corner of the
she,thereby preserving the existing topography and
drainage to the greatest degree possible.
(11) The northwestern comer of the she contains a small area
In which slopes exceed 25 percent. This area will be left
entirely In its natural state. As shown by the
geotechnical engineering study which Is a part of the
record,and which included extensive on-site soils testing
and analysis, the remainder of the site contains stable
soils and slopes that have few development constraints.
The proposed apartment buildings and other structures
can be built without difficulty through the use of
established and proven engineering techniques.
(Ili) As discussed above, the proposed development satisfies
or exceeds all set-back and building separation
requirements of the TCDC. The placement and
separation of buildings will provide ample light,air
circulation and fire protection. There are no
circumstances with respect to this site that would warrant
additional separation requirements.
Marge Davenport raised the Issue of whether an
additional buffer to the ad acent residential area Is
required. The finds that the proposed
separation complies with the TCDC provisions and an
additional buffer Is not necessary.
(iv) The proposed development places buildings along the
contour of a generally south-facing slope, thereby
maximizing the amount of sunlight available to each of
the proposed buildings. In addition., because of the
site's topography,the proposed de elyN mi will not
deprive adjacent properties of sunlight. Wind direction is
not a factor in the placement of structures because high
winds are relatively rare and of unpredictable direction.
Proposed building heights, bulk, separation and set-
backs are such that air will be able to circulate freely
without creating a"wind tunnel"effect.
FINAL ORDER -SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 21
b. Triad's plans Identity existing trees on the site and presence
them when possible. The largest and most scenic trees are in
the northern portion of the site. As noted above,the
northwestern corner of the site will be left in its natural state, as
will other large areas of trees. Also as noted above,a tree
removal permit pursuant to TCDC Chapter 18.160 will be
required.
fi
Q)-(2)(a)-(e) The proposed buffer, including screening and
landscaping,is more than adequate to meet the specific
requirements of TCDC Chapter 18.100 and the more general
requirements of TCDC g 18.80.120.A.3.1o.
The site Is nearly surrounded by multi-family development or
undeveloped property zoned for mufti-family use. There is a
small area of single-family development across SW 109th
Avenue from the site.
Given the residential nature of the site and nearby properties,
the purpose to be served by the buffer Is primarily to enhance
the attractiveness of the development and to enhance privacy
by screening sights and sounds from neighboring properties
and to some extentfor mcderaao`u a i�:on adjacent streets.
They buffer accomplishes these purposes.
To the west,there is at least a 250-foot buffer between the
proposed apartments and Highway 99W. The northwestern
corner will be left in its natural state with large coniferous trees
that provide a visual screen and dampen noise. The property v
Immediately west of the southern portion of the site is
undeveloped but is zoned for similar multi-family development.
Along the boundary with this property, a 10-foot buffer of
existing trees and additional landscaping will be more than
adequate, given that the apartment buildings proposed for this
area of the site are generally oriented at an angle from the
property line,thereby minimizing the number of units adjacent
to the property line.
To the north, a large area of mature coniferous trees will be
preserved. Buildings and parking areas arra generally Placed y
75 Peet or more from the northern property line. Additional
landscaping and evergreen screen trees will be planted
between the existing trees and the apartment buildings and
parking areas.
To the east and south, adjacent properties are buffered from
the site by SW 109th Avenue and Naeve Street, street trees,
berm landscaped with shrubs and evergreen buffer trees, and Y I
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 22
ROOM
building set-backs. In addition, apartment buildings along 108th
Avenue are generally oriented away from the street. The
proposed buffering will thus be more than adequate to buffer
the residential uses on either side of 109th Avenue and Neeve
Street from one another and to buffer the proposed residential
uses from the traffic on these streets.
011)(a)-(c) The site Is heavily screened from the north and west
by substantial buffers of mature coniferous trees. The site is
screened from the east and south by street trees, landscape
berms,Including evergreen buffer trees and other landscaping.
In Addition, mechanical devices and dumpsters will be enclosed
and parking areas will be fully landscaped with external and
Internal landscaping. tittle, If any, of the parking area should
be visible from adjacent properties.
C. This provision is inapplicable because no nonresidential s
structures are proposed io:abut any exis`,1;;maiden.lal t
dwellings.
d. Triad's plans provide required outdoor space in the form of
separate, private patios or balconies that are piecc_�d on the
south side of buildings and oriented toward sunlight.
e. Triad's site plans show a proposed recreation center, pool,
Jogging paths, trails, balconies, patios and other public, private
or common space which amply satisfied the observable
recreational space requirements of this section.
i. The proposed development satisfies the requirements of TWO
Chapter 18.108. Circulation patterns within the proposed
development accommodate emergency vehicles. internal
roadways are two-way roadways, 24 feet wide. These
roadways provide direct access to all dwellings and other
buildings in the proposed development. Adequate turn-arounde
for emergoncy vehicles are provided on each Internal roadway
that is not a through roadway.
No pedestrian or bicycle ways are shown for the site on an
adopted plan. The proposed development, however, will ;ill
provide on-site pedestrian and jogging trails, sidewalks and
bicycle parking facilities.
g. Triad's plans provide more than 20 percent of the site in
landscaping.
h. Neither Naeve Street nor SW 109th Avenue Is served by public
transit. Although the site abuts highway 99W,which Is a public
t`
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-=5 TRIAD Page 23
�S
s=+
M
transit street,that portion of the site is steeply sloped and Is to
be left.in its natural state. A pathway with a shelter at this
location would create a crime safety hazard because tho
pathway would not be readily observable from the proposed
development or neighboring developments. Therefore, no
ublic transit provisions are ap o orlate under this section.
1. No signs are proposed In the application. Future signs,If
needed, will obtain a sign permit pursuant to TCDC
Chapter 38.114. Any such signs will not obscure the sight
distance of vehicle drivers.
J. As discussed above,the proposed development meets the
requirements set forth in TCDC Chapter 18.108.
k The efte ;e not w fthi^a dr Sir agiv,vay. 1-1 larelofe, thu criteria in
TCDC Chapter 18.84 do not apply. However, the site plans
show that on-site drainage is adequate to drain the site without
creating erosion,ground Instability or adversely affecting
properties at lower elevations.
€. This section is inapplicable because the site is not within or
adjacent to a 100-year flood plain.
(d) TCDC Chapter 84(Sensitive Lands). Th€a chapter is satisfied
because the development plan avoids development of areas of the site
with slopes in excess of 25 percent, therefore not trigigering the
sensitive lands review process for steep slopes. In addition,the site
does not contain designated drainage ways, 100-year flood plain areas
or wetlands regulated by this TCDC chapter. The National Wetlands
inventory maps and the City of Tigard Wetlands Inventory and
Assessment conducted by Scientific Resources, Inc. do not Indicate
the presence of wetlands on the site. However, a condition of
approval requires that the applicant submit a delineation of wetland
boundaries, if any, prior to issuance of building ermits.
ONIMMWOM M-4010:
(e) TCDC Chanter 18.92 (Density Computations). This chapter is satisfied
because the site plan provides an appropriate calculation of the
permitted number of housing units for the site and the proposed
development would provide fewer than the allowed number of dwelling
units.
(f) MEG Chfl tp ar 1f 96(Additional Yard Set-Lac Raarsirement�and
Exce tiR ons). This chapter is satisfied because the site plan provides
for appropriate distances required by this chapter between the
FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 9340005 TRIAD Page 24
fti iu a Bii1
MEM
proposed multi-family buildings in order to assure privacy to residents
and to provide adequate light to all units.
(g) TCDC Chanter 18,100( andscapin2+ anClScreening). This chapter Is
satisfied because plans for tree retention and added landscaping
satisfy TCDC requirements for minimum site area landscaping, street
trees,perimeter buffering and vision clearance at Intersections.
(h) TCDD Chanter 1s 102(Vision Clearance reaa). This chapter is
satisfied because proposed Improvements at driveway and road
Intersections are located or sized with respect to maintaining clear
vision for motorists and pedestrians.
p) TCDC Chapter 18.10(Off Stra t Parfjb . This chapter is satisfied
because the applicant proposes to build 252 dwelling units of two
bedrooms or less, and 96 units of three bedrooms or more. Under
TCDC Chapter 18.106.030.A.4, 570 parking spaces, of which 348 must
bu Cuvered, are required. in addition, 86 shared parking spaces and
five parking spaces for the recreation building must be provided for a
total of 661 parking spaces. Of these, 14 must be barrier-free spaces,
and 25 percent (165)may be compact spaces.
The site plans show a total of 661 parking spaces,of which 3W will be
covered, 160 will be compact and 14 will be barrier free. Spaces will
meet all dimensional,access, locational, lighting and other
requirements of TCDC Chapter 18.106.
In addition, the required number of bicycle parking spaces will be
provided through bicycle racks and individual apartment garages.
Q) TCDC`,ChaDt®r 18 10>�(pccess Egress and Circulation). TCDC
§ 18.108.070.D is ambiguous, but the construes it to
require two access points for the first 100 dwelling units and an
additional access point for each 100 parking spaces over the number
of parking spaces required to serve the first 100 units. This
construction requires eight access points rather than the four
proposed by Triad. The site plan demonstrates that the proposed
development can meet the requirement; of this chapter. The plans
satisfy the requirements for pedestrian and vehicle access to buildings,
provide the required 24-foot wide internal roadway system with five-
foot walkways and provide required internal circulation system; and
turnarounds for emergency vehicles. The proposed access points
would not create hazardous traffic conditions or inadequate access for
emergency vehicles.
11011M 6
FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 25
®WWQszffHow �=JrJIMA-0KIMEW
loom
dad's
proposal satisfies the access variance approval standards set forth In
TCDC § 18.108.150. Those standards are:
a. It is not possible to share access. The proposed development
does- not abut othar dpvalopad PWOsa nor-H! w In the uture.
Therefore,shared access is not possible.
b. There are no other alternative access points on the street In
question or from another street. Placing additional access
points on. 139th Avenue would create dangerous sight distance
situations because of the curve and linear nature of the road.
Access to Highway 99W is not possible and is limited by the
Oregon Department of Transportation's Access Management
( Policy.
C. The access separation requirements cannot be met. tlmfted
sight distance along the sharp curve on 109th precludes access
points there.
d. The request Is the minimum variance required to provide
adequate access. Four access points are the minimum
necessary to provide safe and adequate access to the site.
e. The approved access or access approved with conditions will
result in a safe access. The proposed acoess points will be
well marked and placed at points which will not interfere with
one another and that will have ample sight distance. In
addition,the four proposed access points will be distributed
throughout the site to provide adequate and efficient access for
residents,visitors and emergency vehicles.
f. The visual clearance requirements of Chapter 18.102 will be
met. The access points meet these requirements.
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 28
AL
Ma
WE
(k) TCDC Chapter 18.114 (Signa). This chapter Is Inapplicable because
Triad Is not proposing signs as part of this application.
(I) TCDC Chapter 18,120 (Site Development Review). In general,the
approval standards contained In TCDC § 18.120.180(a)(1)and (2) are
the same as those found In TCDC Chapter 18.80. However,the
additional approval standards are discussed below:
a. Exterior Elevations. The site pian provides the required offsets.
b. Demarcation of Public, Semipublic and private Spaces: Crime j
Prevention. The site plan shows that the structures and site
improvements will be designed so that public areas are clearly
defined by the various architectural and site treatments
described In the ordinance.
c. Crime Prevention and Safety. The site plan shows that the
various improvements viii sed*these requirements to preverA
crime and encourage safety on the site.
(m) TCDC Chapter 18.150 (Tree Removal). This chapter will be satisfied
because the applicant is required to obtain a tree removal permit prior
to removing trees.
(n) TCDC;ChaMor 18 162 "- nd
M-2 Mon{
(o) TCDC Chapter 18.164 (Street and-Utlifiy Standards). This chapter will
be satisfied upon approval of public improvement plans for and
construction of the recommended improvements to the proposed new
Naeve Street/109th Street connection,SW Naeve Street, SW 109th
Avenue and SW Pack Highway.
WOMEMOMM
Approval of pubilc improvement plans is required prior to the issuance
of building permits for the proposed development.
Although the proposed development will contribute a substantial
amount of traffic to nearby streets,the additional traffic will not result in
the designed capacity of these roads being exceeded or require
additional traffic control measures. Creation of the SW 109th/Naeve
connecting street will discourage traffic from traveling through the
Summerfield area especially when the street is extended through to
the SW Royalty Parkway/Pacific Highway Intersection.
The proposed storm drainage system will collect storm water from the
portion of the site to be developed and direct this water to the storm
r
t
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 27
sewer at the Intersection of SW 109th and Naeve. Public Improvement
plans will Include an analysis of the anticipated storm water flow from
this area. Drainage pipes can be and shall be sized accordingly.
Total storm water flow from the site to the west will be reduced
because the on-site storm drainage system will recapture some
overland flow that would drain westward N the site remained
undeveloped.
The OEM=concludes that the proposal, with minor modifications
required as conditions of approval prior to building permit Issuance,
meets the above applicable portions of the TCDC.
3. - O12=91=-
(a)
anergia.(a) impact , One opponant argued that the
proposal will overload Tigard school district facilities. The
finds that there are no applicable approval standards related to
capacity of school facilities. Tigard Comprehensive Pian Policy 7.8.1
provides,
"The City shall work closely with the school districts to
assure the maximum community use of the school facility
for Tigard residents through locational criteria and the
provisions of urban services."
The INIXIM interprets this policy to require coordination with the
( school district, but there is no requirement in the policy for an analysis
of capacity and Impact by a development. The school district
commented that
"additional school capacity may be provided by other
d options under consideration by the school district
including: grade level reconfiguration, rescheduled
school year, boundary adjustments, double shifting,
busing to unutilized facilities,future bond measures
leading to construction of new facilities and other school
housing options."
in addition,Tigard Comprehensive Plan Policy 7.8.1, Implementation
Strategy I,provides as follows:
'Tbe City shall monitor school capacity by requlrir•.rs requests for
development proposals and permits to be reviewed by [the]
applicable school district for effects on school capacity as a
pre-condition to development."
FINAL ORDER - SDR 93-0009/PDR 93-0005/SLR 93-0005 TRIAD Page 28
The Isomfinds that this implementing strategy has been
comp led with by the opportunity for notice and comment provided to
the school district.
The Oregon Land Use Board of Appeals has upheld the City's
interpretation that TCP Policy 7.8.1 Implementation Strategy 1 does not
require a finding of adequate school facilities. Davenport y. City of
,fig d,_Or LUBA_(LUBA No. 92-104, March 15, 1993).
(b) An apartment complex is incompatible with the surroundin. rea. The
finds that previously established zoning and density
requirements established this area as an appropriate location for multi-
family development. Moreover,the area Is largely surrounded by
mufti-family projects as testified to by Beverly Swink. A limited single-
family area is adjacent to the project on the southeast. However,the
substantial landscaping buffer and new SW 109th will provide an
acceptable bull to this area. The RIM finds that the apartment i
complex is not incompatible with the surrounding area and, in any
event, incompatibility is not an approval standard.
(c) Children on bikes and skateboards will cmate_a dsnAff for elderly 1
$edestrians. One opponent argued that the apartments'presence
would create a danger for elderi pedes lanv by virtue of children'
use of bikes and skateboards. The MEN """ finds that this Is not
related to an applicable approval criteria. in any event,there is no
evidence in the record that children from apartment cpm IRexes pose a
danger to pedestrians, elderly or otherwise than children from other
types of residential units.
(d) lmprwrinerns to Naeve Street are needgd. The • , notes
that the above findings Indicate that Naeve will be bulli as required by .
TCDC provisions.
(e) A need for cin-street parking SW 109th. One opponent argued that
the Improvements on SW 109th lack on-street parking, and this will be
required for the nearby Christmas tree farm. The W=finds that
the proposal's off-street parking Is sufficient for its purposes. Any
issue of on-street parking Is separate from the application proposal
discussed herein. On-street arking is to be addressed throu In street
develo went standards. °" .
(f) Petftion in opposition to the pro2sai. Marge Davenport indicated that
a petition signed by many residents of nearby areas opposed this
FINAL ORDER - SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 29
LMM
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project. The City Council notes that this petition is not before it and is,
therefore, not in.the record.
(g) MN I 19t must have a bi
(h) ¢red, ibiifty of applicant's traffic Qg11%&=. Marge Davenport
challenged the credibility of the traffic report submitted by Wayne
Melson and Associates on the basis that the study was not objective
h®nsaiansa it wan�alA fnr h1 thq gn�ll_—". Tho v,y Engineer reviewed
the study and testified that he is comfortable with its results.
Moreover, the City Council finds that Mr. I(I telson has a long history
of experience wish such studies and is satisfied that Mr. Melson Is a
credible and reliable witness on the Issue of traffic.
C. DECISION:
The City Council hereby approves Site Development Review 93-0009 and
Planned Development Review 93-0006 and the associated access variance,
and rejects the appeal of the Planning Commission's approval subject to the
following conditions:
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING
CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED:
Unless otherwise noted, the contact person shall be Randy Wooley of the
Engineering Department.
1. During all construction of the on-site and off-site Improvements, all
construction traffic shall travel to and from the site via Pacific Highway and
either Naeve Street or the proposed new connection between 109th and
Royalty Parkway. Construction traffic shall NOT use existing 109th north of
the site nor existing 109th south of Naeve Street. Construction vehicles,
Including employee vehicles,shall not be allowed to park on Naeve Street,
109th Avenue or within the public right-of-way.
2. 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 estimated,all prepared by a Professional Engineer,shall be
f
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 30
Iva
submitted for final review and approval (NOTE: these plans are in addition to
any drawings required by the Building Division and should only include
sheets relevant to public Improvements.
3. Standard half-street Improvements, including concrete sidewalks,curbs,
asphaltic concrete pavement,storm drainage,and streetiights shall be
Installed along the Pacific Highway frontage. Improvements shall be
designed and constructed to Oregon State Highway Division standards and
shall conform to the alignment of existing adjacent Improvements or to an
alignment approved by the Highway Division. A copy of the approved plans
shall be provided to the City Engineering Department prior to issuance of a
Public Improvement Permit. The existing driveways to tax lots 700 and 800
shall be removed. An access reserve strip shall be recorded along this
frontage.
4. The applicant shall obtain a permit from the State of Oregon Highway
Division,to perform work within the right-of-way of Pacific Highway. A copy
of the permit shall be provided to the City Engineering Department prior to
Issuance of a Public Improvement Permit.
s, Sanitary sewer and storm drainage details shall be provided as part of the
public Improvement plans. Calculations and a topographic map of the storm
drainage basin and sanitary sewer 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.
6. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly impacting
properties downstream.
7. The proposed privately-operated and maintained parking lot and/or roadway
plan-profile and cross section details shall be provided as part of the public
Improvement plans.
S. An erosion control pian shall be provided as part of the improvement
drawings. The plan shall conform to"Erosion Control Plans-Technical
Guidance Handbook, November 1989."
9. The applicant shall obtain a"joint permit'from the City of Tigard Engineering
Department. This permit shall meet the requirements of the NPDES and
Tualatin Basin Erosion Control Program.
10. Prior to the issuance of building permits,a delineation of wetland boundaries,
if an ,on the site shall be completed by the applicant. s `
OfEM.
jtwfth the applicable previsions of Section
1884 (Sensitive L.anos)of the Community Development Code. Staff Contact
(Planning Division).
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 31
i
11. There shall be no vehicle connection between Old 109th and New 168th. A
turnaround, i.e.hammerhead meeting the City's and Fire District's approval
shall be provided at the end of Old 109th. No other improvements shall be
required north of the intersection of Old 109th and Naeve Street.
12. Naeve Street shall be realigned at Old 109th to Intersect Old 109th at
approximately a 90-degree angle, and shall conform to the alignment shown
on the submo%ted preliminary pians (Drawing 0100, dated(3/14/83). The
e:dsting south curb shall be reconstructed to match the new alignment.
13. New S.W. Naeve Street shall be improved in the following manner (NOTE: all
stationing is taken from the submitted preliminary plans dated May 20, 1983):
A. Full street Improvements, meeting local strost standards, shall be
provided from STA. 2+37 to STA.7+00. Full width street
Improvements shall Include traffic control devices, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement,sanitary sewers,
istu,rm dra.,liege strcotlinhtc and underground,nd u Militles.
B. Two-thirds street improvements, meeting local street standards, shall
be provided from STA. 7+00 to STA. 14+59. Two-thirds street
Improvements shall include traffic control devices, concrete sidewalks,
driveway aprons, curbs asphaltic concrete pavement,sanitary sewers,
storm drainage, streetlights, underground utilities, and Interim
Improvements to maintain traffic flow in the eastbound lane.
14. S.W. 109th Avenue shall be improved in the following manner(NOTE: all
stationing is taken from the submitted preliminary plans dated May 20, 1993):
A. Full street improvements, meeting minor collector street standards,
shall be provided from STA. 10+00 to STA. 19+20. Full width street
improvements shall include traffic control devices, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement,sanitary sewers,
storm drainage, streetlights, and underground utilities.
B. Two-thirds street improvements, meeting minor collector street
standards,shall be provided from STA. 19+20. Match the existing
Improved street at approximately STA. 27+80. Two-thirds street
improvements shall include traffic control devices, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement,sanitary sewers,
storm drainage, streetlights, underground utilities, and interim
Improvements to maintain traffic flow in the northbound lane.
15. The applicant shall do the following with respect to the storm sewer system:
FINAL ORDER- SDR 93-0009/PDR 93-0008/SLR 93-0M5 TRIAD Page 32 j
Ism
rw s
WIN
now
A. Demonstrate that the existing pipe in 109th Avenue had adequate
capacity to handle ultimate development of the entire drainage basins.
B. Design the on-site water quality facility to meet current Unified
Sewerage Agency design standards and verify that it will be the
` responsibility of the owners of the site to maintain such facilities.
C. Design the system(s)so that there is a clear delineation between the
private and public systems.
16. The applicant shall dedicate the following right-of-way(NOTE: stationing Is
based on preliminary plans as submitted to the Planning Department dated
:Ray 20, 1993):
A. S.W. Naeve Street:
(1) From STA. 2+00 to STA. 7+00 -50 feat of R.O.:;'., i.e. 25 feat
either side of the new center line alignment;
(2) From STA. 7+00 to STA. 14+58-25 feet of R.O.W., 25 feet
from centerline along the north side of Naeve.
B. Old S.W. 109th Avenue-provide R.O.W.for the hammerhead
turnaround.
C. New S.W. 109th Avenue:
(1) From STA. 10+00 to STA. 19+20-60 feet of R.O.W.; 30 feet
either side of the new centerline.
(2) From STA. 19+20 to STA. 27+28-30 feet of R.O.W.; 30 feet
from csnterline along the west side of 10:3th.
17. The landscaping pian shall be revised to provide for a minimum caliper of 2
Inches at planting for all street trees along public streets abutting the site.
STAFF CONTACT: Planning Division (639-4171).
18. A demolition permit shall be obtained prior to destruction or moving any of
the existing buildings on the site. if the buildings are on septic tanks,the
tanks shall be pumped out and either removed or filled with sand or gravel.
If the buildings are connected to sanitary sewers,the lines shall be capped
off In an approved manner. An inspection shall be obtained after the tank is
filled or the sewer capped. A copy of the receipt for septic tank pumping
shall be provided to the Building Division. STAFF CONTACT: Dave Scott,
Building Division (639-4171).
f
FINAL ORDER- SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 33
19. The finished grade of cuts or fills shall have a maximum slope of 2:1, or else
a professional engineer shall certify the stability of any steeper elopes. Prior
to the Issuance of building permits, a report from a registered engineer shall
be submitted. The report shall Indicate the location of any fill placed on
building sites,suitability of the soil for building construction, and soil bearing
capacity. STAFF CONTACT: Dave Scott, Building Division (839-4171).
20. Building permits will not be issued and construction of proposed public
Improvements shall not commance until after the Engineering Division has
reviewed and approved the public Improvement plans and a street opening
permit or construction compliance agreement has been executed. A 100
percent performance assurance or letter of commitment, a devsloper-
engineer agreement, the payment of a permit fee and a sign
Installation/streetlight fee are required.
21. A detailed tree protection Ian
shall be submitted
I
PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW
at w DINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED
OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED
GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN
FINAL ORDER-SDR 93-0009/PDR 93-0006/SLR 93-0005 TRIAD Page 34
NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY
OCCUPANCY PERMrr.
23. The applicant shall receive approval from the City of Tigard police
Department prior to assigning or installing addressing on buildings or
directional address boards internal to the development_ STAFF CONT ACT•
Kelley Jennings (639-4171).
24. All landscaping materiais and other proposed site Improvements shall be
Installed as per the revised landscaping and site plans. STAFF CONTACT:
Planning Division (639-4171).
25. A sign permit shall be obtained from the Planning Division prior to the
erection of an Identification sign. Sign location and size must be In
accordance with the provisions of Section 18.114 of the Community
Development Code. STAFF CONTACT: Planning Division (639-4171).
26. Prior to the aut?orszetlon to pro—C! W%h Uiculon of any public
Improvements,the developer and the City shall enter Into an agreement
substantially similar to the draft agreement proposed by Triad and attached
to this approval as"Attachment B." Final wording of the agreement shall be
reviewed and approved by the City Attorney. STAFF CONTACT. Randy
Wooley, City Engineer.
APPROVAL SHALL BE VAUD FOR A PERIOD OF EIGHTEEN MONTHS FROM THE
EFFECTIVE DATE OF THIS DECISION.
It Is further ordered that the applicant be notified of the entry of this order.
i�
FINAL ORDER-SDR 93-0009/PDR 93-OOW/SLR 93-0005 TRIAD Page 35
�aoa�ra�ra Zr.-.AMI
ATTACHMENT "W'
ROAD IMPROVEMENT AGREEMENT
k
This Agreement is made this day of
19 , by and between TRIAD TIGARD LIMITED PARTNERSHIP, a
Washington limited partnership, hereinafter referred to as
"Triad" and the CITY OF TIGARD, hereinafter referred to as the
.City. �
WHEREAS Ordinance No. 92-07 of the Tigard City
Council approved an amendment to the Tigard Comprehensive Plan
Transportation Map providing for the realignment and extension
of SW 109th Avenue to intersect Pacific Highway opposite the
existing intersection of Royalty Parkway and designating
SW 109th Avenue as a minor collector street.
WHEREAS Resolution No. 91-68 of the Tigard City
Council found that the purpose o:C- the proposed extension of
SW 109th Avenue between Naeve Street and Pacific Highway is to
Mitigate traffic impacts of future development on the
surrounding street system, including Pacific Highway and that
the portion of the proposed extension of SW 109th Avenue
between Native Street and Pacific Highway should be designated
as an eligible facility and an eligible project under the
Washington County Traffic Impact Fee Ordinance and requested
that Appendix "D" (Base Report) of the Washington County
( Traffic Impact Fee Ordinance No. 379 be amended to include the
portion of SW 109th Avenue extension between Naeve Street and
Pacific Highway as an eligible facility in Table 2 of the Base
Report and as an eligible project in Table 4 of the Base
Report.
r WHEREAS the City of Tigard desires to commence
construction of the extension of the SW 109th Avenue between
Naeve Street and Pacific-Highway during the spring of 1992.
WHEREAS the City Engineer for the City of Tigard
estimates the cost of construction of the portion of the
SW 109th Avenue extension between Naeve Street and Pacific
Highway to be approximately $800,000.
WHEREAS the Tigard City Council, on October 28, 1991,
approved a budget authorizing the expenditure of $300,000 in
fiscal year 1991-92 for the improvement of the extension of
SW 109th Avenue between Naeve Street and Pacific Highway.
WHEREAS it is anticipated that the City of Tigard
Transportation Advisory Committee will recommend a budget
authorizing the expenditure of an additional $200,000 in fiscal
year 1992-93 for the improvement of the extension of SW 109th
Avenue between Naeve Street and Pacific Highway.
( ng _S Final Order No. 1
ninWHER9 -11 PC of the City of
i
applicationfor Commssion approved. subject to conditions, an
Plan Approval, Planned Development Review Detailed Development
varianovaltreDevelopment Review Approval, and Access
348----it quested by Triad for the development of a
' 17 build_zIg multi-family residential complex t 26.2
acres of property located at 11165_3_ SW Naeve Street.
Ti and Planning
WHEREAS Final order No. 91-11 PC of the City of
9 Planning Commission has been appealed to the Ti
Council and the Tigard City in
has affirmed Final Order
No_ 91--11 PC and Bard City
No_ g1. eliurinated the condition in Final Order
improvements on1NaevEtch reetes Tfrom theriad to prede interim
Strest west to the pacific Highway_ gnment of Naeve
Ordinance WHEREAS the Washington County Traffic I--_
(TIF) imposes a tom; o ruct fee
`L-iaci`s development_ f aPProximately $292,960 on
Ordinance WHEREAS the Washington County Traffic Impact Fee
tax for construcentiteli Ies a veloper to a credit against the
g ecapital improvement.
tRiEatt the City Engineer of the City of Tigard has
determined that the extension of SW 109th Avenue between
Street and Pacific Highway is within the
development. impact area of Triads
determinedWHhat ththe Ci y Engineer of the City of Ti a_
extension of SW 109 g• location, desiscope f has
Hi hwa th Avenue between NaevegStreetandPacithe
fic
g y improvementst with and furthers the objectives of the
i capital in p gram of
the City of Tigard.
const ructioHEREAthet
riad desires to participate in the
Street and Pacific exension of SW 109th Avenue between N
TIF tax for such construction to receive a credit aeve
against the
WHER
construction oofAthe1 x desires for Triad to partici
n the
Street and extension of SW 109th Avenue between Pate 1Naeve
Pacific Hig2-z�.ray_
WHEREAS the parties desire to resolve the terms of
Triad'E; participation in the construction of the extension of
of 109th Avenue between Naeve Street and Pacific Highway and to
o liga mid set forth their respective requirements and
obligations thereto_
S-PP1340
2
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NOW, TNF'REFORE, in consideration of the mutual
~ promises and stipulations set forth herein, it is
between the parties as follows: agreed
1. Construction of Road Im rovements.
Triad agrees to participate in the construction of
the extension of sw 109th Avenue between Naeve Street and
Pacific Highway on the terms and conditions set forth in this
Agreement. '
2. Participation.
Triad agrees to pay $300,000 of the cost of
constructing the extension of sw 109th Avenue between Naeve
Street and Pacific Highway.
3. Preconditions to Participation.
Triad's obligation to participate is conditioned uponr further appeal of the
(i) the expiration of all periods fo
affirmance of Final Order No_ 91_11 PC by the Tigard City
council; (ii) the expiration of all periods for appeal of the
elimination by the Tigard City Council of the conditia
Final Order No. 91-11 n f
PC which requires Triad to provide
in
Naeve Street west to
interim improvements on Naeve Street from the realignment of
the pacific Highway; and (iii) the
ultimate affirmance of Ordinance No_ 92-07 and the expiration
Of all periods for further appeal of such affirmance_ If the
foregoing conditions are not satisfied, this Agreement shall
terminate and all obligations of the parties under this
Agreement will thereafter cease.
i
4. Deposit in Escrow.
$300,000
Triad shall deposit a pro ata portion of the
ir
n escrow upon receipt of all required permits for
each building in Triad s development to be held in accordance
with the termor of this Agreement. The pro rata portion shall
be based on the ratio that the value of such building (as set
forth in the permit application) bears to the value of all
buildings constructed and to be constructed in the development.
Notwithstanding the foregoing, Triad shall deposit the entire
$300,000 in escrow prior to the issuance of a certificate of
occupancy for any building in Triad's development_
5- Escrow.
Triad shall deposit the $300,000 in escrow with
Title Insurance Company (the "Escrow" Ticor
Tigard, Oregon or at such other ) at its offices in
mutually select. Escrow s place as the parties may a
hall deposit the $300,000 in an
r-v,i3<o 3 -.s
i
MENNEN
vim
r �
interest-bearing account with interest accruing to Triad. The
Parties shall execute joint instructions to escrow directing it
to disburse the funds in accordance with the provisions of this
Agreement. Triad shall pay the escrow fee.
6. Participation.
The City of Tigard shall use the $300,000 .solely fox-
the purpose of constructing the extension of SW 109th Avenue
between Naeve Street and Pacific Highway. The City shall spend
such funds only on improvements which are eligible for credit
under the Washington County Traffic Impact Fee Ordinance (TIF) .
Escrow shall disburse the $300,000 to City upon presentation of
invoices by the City, certified by the City Engineer as
accurate, for the cost of constructing credit-eligible
improvements to the extension of SW 109th Avenue between Naeve
Street and Pacific Highway. Credit-eligible
iiiGiiide right of way ac �Pzove uencs may
and inspection costs as provided ins thea Washington County
Traffic Impact Fee Ordinance (TSF) _
7. Credit.
The City shall grant Triad a credit against the tax
due on Triad's development under the Washington County Traffic
Impact Fee Ordinance in the amount of $300,000 for Triad's
participation in the construction of the extension of SW 109th
t Avenue between Naeve Street and Pacific Highway pursuant to
this Agreement. The City shall direct the City Engineer to
grant Triad such credit in accordance with the terms of this
Agreement.
S. Default.
If either party defaults under this agreement the
other party shall be entitled to such remedies for breach of
contract that may be available under applicable law including
without limitation the remedy of specific performance.
9. Miscellaneous Provisions_
9.1 Attorneys' Fees. In the event suit or action is
instituted to interpret or enforce this Agreement, the
prevailing party shall be entitled to recover from the other
Party such sums as the court may adjudge reasonable as
attorneys' fees at trial or on any appeal, and on any petition
for review, in addition to all other sums provided by law.
9.2 Time of Essence. Time is of the essence of each
and every provision of this Agreement.
9.3 Notices. Notices under this Agreement shall be
in writing and shall be effective when personally delivered, or
7-PP1340 4
MW �. - -
if mailed, upon deposit as certified mail, postage prepaid,
part directed to the other phrty at the address shown below. Either
the he o may the
change its address for notices by written notice to
to
Triad: Triad Tigard Limited Partnership
City: City of Tigard
9.4
upon and inure tonthe benefit of��nq Effect. Tthe phis arties
rteieemss'anshall be binding
respective successors and assigns.
o-G Chu.-es In Writing. This Agreement and any of
by a its terms may only be changed, waivedgned by , discharged or terminated
whom
enforcementnofnthee instrument
hange1 diver, discharge or is
sought.
9.6 Authority. The persons who have executed this
Agreement have been duly authorized to do so by the party. The
Party has a. goad and legal right to enter into this Agreement
f and to per--Or-- all covenants of the
i Agreement in accordance with its termsrty contained in this
IN WITNESS WHEREOF, the parties have caused this-
Agreement to be executed in duplicate as of the day and year
first above written.
� Triad:
Triad Tigard Limited Partnership
a Washington limited partnership
By
Title: General Partner
City: City of Tigard
By
Title
l
T-P71140
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