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Resolution No. 94-29 CITY OF TTGARD, OREGON RESOLUTION NO. 94-29 IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF A SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT REVIEW APPLICATION (SDR 93-0009/PDR 93-0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP. WHEREAS, the Planning Commission reviewed this case at its meeting of August 16, 1993; 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 and Beverly Swink; and WHEREAS, the Triad application was approved by the City Council on October 6, 3-993 'with additional conditions of approval and modification of some of the Commission's conditions of approval; and WHEREAS, the Councils approval was appealed to the Land Use Board of Appeals and LUBA remanded the plaias back to the City Council for review of driveway widths on May 19, 1994; and WHEREAS, the Council reviewed revised plans and findings at a public hearing on 3una 23, 1994. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: the City Council upholds the Planning Commission's decision approving Site Development Review/Planner Development elopment R_'view aD 1'eation (SDR 93-0009/ PDR 93-0006) with the additional conditions of approval and modification of the conditions of approval as approved by the City Council on October 26, 1993, with the added condition that the access points on the detailed development plan conform to TCDC 18.102.030 as determined by the City Engir_e+ar. The Council adopted as findings the attached Exhibit "A". The site plan which is approved is the revised site plan addressing the LUBA remand. PASSED: This Z� day of � 1994. or - City of Tigard ATTEST: 1q City Eecor er - i y of Tigard NEEM RESOLUTION NO. 94-29 Page 1 EXHIBIT A CITY OF TIGARD CITY COUNCIL A FINAL ORDER INCLUDING FI1VD1NGS AND CONTCLUSIONS APPROVING REVISED PLANS PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP (SDR 93-0009/PDR 93-0006) WITH RESPECT TO TCDC 18.108.070(D). The Tigard City Council has reviewed the above application at a public hearing on June 28, 1994- '.'rhe Council has based its decision on the facts, findings, and conclusions noted below: This matter is before the City Council as a limited evidentiary hearing. The Oregon Land Use Board of Appeals ("LUBA") remanded the City's prior approval of this application in Davenport v. City of Tiaard, Or LUBA_ No. 93-191, May 19, 1994. LIMA rejected all o: petitioners' assignments of error, except their argument concerning the width of required access driveways. The purpose of this limited evidentiary hearing is to take testimony only on the 'ssue of the site plan's compliance with TCDC 18.108.070(D) . tic other evidence or testimony is permitted. TCDC 18.108.070(D) establishes the minimal requirements for vehicular access and egress for multiple-family residential uses. For multiple- family residential projects with more than 100 dwelling units, the minimum access width for each driveway is 24 feet with a five-foot walkway, or a public street. Triad's site plan proposes nonpublic streets, so the drives must be 24 feet wide with a five-foot :walkway. in Davenport v. City of Tictard, LUBA No. 93-191, LUBA upheld the City's interpretation that the site plan provided the required number of access driveways (eight). Slip op 13, 14. LUBA said, with respect to TCDC 18.108.070(D) , that the minimum pavement width is 24 feet. The applicant has submitted the revised site plan which demonstrates that each of the eight access driveways is a minimum of 24 feet wide with a five-foot walkway. The driveways serving the multiple-family residential project are all a minimum of 24 feet. Further, the site plan indicates that there are no changes other than the width of the driveways from the site plan previously approved by the City. The City Council finds that it is necessary to determine whether the site plan conforms to TCDC 3-8.108.070(D) . The ordinance's requirements are noted above. The City Council interprets this section to permit the driveways to he 24 feet wide on either side of the median, therefore meeting both the minimum number of access points required and the minimum pavement width. The City Council also interprets this section to allow all driveways to be a minimum of 24 feet wide. The City Council finds that these interpretations are necessary to demonstrate that the revised site plan conforms to the requirements or TCDC 18.108.070(D) . The City Council hereby determines that the revised site plan meets requirements of this ordinance section. The median islands shown on the site plan are conceptual_ The precise configuration of the islands should be determined during- detailed design: The City Engineer shall approve a final design that adequately Page 1 - E7Z-HIBIT A TO RESOLUTION NO. 94-29 provides for left-turn movements to and from the driveways and that meets adopted standards for pedestrian crossings. The sinal design approved by the City Engineer shall maintain, as a minimum, the driveway widths shown on the revised site plan. The petitioners/appellants raised an issue with respect to the number of driveways to be approved as part of this conceptual development plan, to the e±fect that two ore-way drives separated by a median do not constitute two access points. LUBA has previously upheld the City Council I s interpretation of the applicable code provision (TCDC 18.108,070(D)) in its opinion dated May 19, 1994 on this point. This issue may not therefore hie raised at this hearing and Council declines to consider it. The petitioners/appellants believe the approval of the current application would result in inconsistency with prior findings that 24- foot driveways would be "confusing and dangerous." There is no evidence in the record to support such a conclusion at this point. Moreover, the petitioners/appellants cite no TCDC provision concerning safety or any other provision which would apply. Council finds that LUBA, in its remand of the decision, required 24-foot driveways as shown on the current application. The Council therefore finds that the proposed 24- foot driveways conform to TCDC,1S.iG8.070(D) and are consistent with LUBA`s remana. The petitioners/appellants raised the possible lack of conformance of 24-foot driveways to the City's Visual Clearance Areas code provisions, TCDC 18.102.030. There were no precise calculations submitted to demonstrate the lack of conformity to TCDC 18.102.030 as the drawing was not to scale. However, the site plan as submitted appears to have some minor conflicts of garage structures with the required visual. clearance area. Council concludes that such minor conflicts can be addressed and conformance with TCDC 18.102.030 can be assured through the final design process in approval of the detailed development plan. A condition of approval shall be added to the conceptual development approval requiring confoiwance to TCDC 18.102.030. Finally, petitioners/appellants raised the issue of the need for 80 feet of unobstructed distance at each entrance to the project. This is an issue which was not raised in the prior appeals and Council therefore declines to consider it. Council's review is limited to the issue on remand, namely driveway width. Nevertheless, Council finds: there was no the:r evidence submitted on this point. Council finds that the statement describing 80 feet of unobstructed distance at each driveway from tha traffic study was based on a prior site plan. Nothing in the study affirmatively requires suci unobstructed distance nor does any City code provision rec4ire it or provide such a Standard. Council therefore concludes that there was insufficient evidence presented to determine that any traffic safety issue which Council is required to address results from the current site plan. Council refects the submittal by - petitioners/appellants of an alternative site plan as not relevant to the issue on remand which issue was the sola topic of the public hearing, i.e., driveway widths under TCDC 18.3.08.070(D) . Page 2 - !::.MIBIT A TO RESOLUTION NO, 94-29