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City Council Packet - 10/22/1990 Revised Agenda (10/19/90) _ CITY OF TIGARD AGENDA OREGON T'&RE) tTY COUNCIL USINSS M#ETINC~ il(~BtR 1 r,~ pM PUBLIC NOTICE: Anyone wishing to speak on an agenda Item should sign on the appropriate sign-up NTR>>»<<:»><>»> <;>:>< sheet(s). If no sheet Is available ask to be recognized by the `'>8~r<<>«~'€<<><<>'~`~~~ 9'nda is Agenda of that agenda Mayor at the beginning o item. Vlslto items are asked to be two minutes or less. Longer matters can be Mayor or the CI the tin either n a by ntac co tY r r a futu e Aed t fo se g g Administrator. • STUDY SESSION (5:30 p.m.) 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call C 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 2.A PROCLAMATION - RED RIBBON WEEK - 'MY CHOICE ...DRUG FREE" • Mayor Edwards 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: September 17, 1990 3.2 Approve Senior Center/Tigard Christian Church Parking Agreement 3.3 Authorize Right-of-Way Acquisition for McDonald Street Project - Resolution No. 90--L-7 3.4 Continue Public Hearing on Comprehensive Plan and Community Development Code Revisions to November 5,1990 (Group Residential Care and Review of an Update on the "Economy" Chapter.) BALLOT MEASURE 5 - RESOLUTION NO. 90- • Mayor COUNCIL AGENDA - OCTOBER 22, 1990 - PAGE 1 5. APPEAL PUBLIC BEARING - SITE DEVELOPMENT REVIEW SDR 90-0004, PLANNED DEVELOPMENT REVIEW 90-0002, VARIANCE VAR 90-0007, TRIAD (NPO 6) A request for Site Development Review and detailed Planned Development approval of a 364 unit., apartment complex on a 27.2 acre property. Also, Variance approval is requested to allow a public street grade of up to 15%. ZONE: R-12 (PD) (Rsidential, 12 units/acre Planned Development) and R-25 (PD) Residential, 25 units/acre Planned Development). LOCATION: SW 109th Avenue and S.W. Naeve Street • Public Hearing Opened • Declarations or Challenges • Summation by Community Development Staff • NPO and/or CPO Testimony • Public Testimony - Proponents - Opponents • Recommendation by Community Development Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council: Motion to Direct Staff to Prepare a Final Order 6. COMPREHENSIVE PLAN AMENDMENT, CPA 90-0008, ZONE CHANGE ZONE 90-0008, W. L McCORMACK (NPO 5) • Public Hearing Opened • Declarations or Challenges • Summation by Community Development Staff • NPO and/or CPO Testimony • Public Testimony - Proponents - Opponents • Recommendation by Community Development Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council: Consider Ordinance 7. REVIEW OF STREETS SYSTEM DEVELOPMENT CHARGES • City Administrator 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT Cca1022 r" i i COUNCIL AGENDA - OCTOBER 22, 1990 - PAGE 2 Council Agenda Item 3.l T I G A R D C I T Y C O U N-C I L MEETING MINUTES - OCTOBER 22, 1990 • Meeting was called to order at 5:30 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson (arrived at 5:55 p.m.), Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Keith Liden, Senior Planner; Ed Murphy, { Community Development Director; Liz Newton, Community Relations Coordinator; Floyd Peoples, Park Supervisor (for Study Session only); Tim Ramis, City Attorney (arrived: 6:25 p.m.); Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer (arrived: 5:55 p.m.). 2. STUDY SESSION a. New Restrooms - Cook Park Council consensus was to authorize staff to proceed with a design consultant for new restrooms at Cook Park. Council requested that the Park Board review and make a recommendation concerning location of the new facilities. (Councilor Johnson arrived at 5:55 p.m. during discussion on cook Park restrooms) b. Council Calendar The October 29 meeting with Lake Oswego was canceled. The purpose of the meeting was to review the proposed State Highway project for I-5/217. Staff will reschedule the meeting. C. Tax Base Two Town Halls are planned for October 23 (Town Hall) and October 30 (Senior Center). The purpose for the meetings is to answer questions about the tax base proposal appearing on the ballot for Tigard voters. Council supported staff proceeding with preliminary work with a consultant to conduct a citizen-opinion poll immediately after the election, regardless of the election outcome on the tax base. Council noted it had been 1986 since any type of an information poll had been done. Details concerning the number and type of questions as well as sampling selection will be discussed more fully at a later date. E i d. Agenda Review ( Council and staff discussed agenda items. Public hearing process was outlined by legal counsel. 3. RED RIBBON PROCLAMATION: t Mayor Edwards declared October 22-28, 1990 as Red Ribbon Week which encouraged drug prevention activities and the pledge: "My Choice Drug Free." Red Ribbons are available in the employee lunch room to those persons who would like to join in the campaign efforts. The request for City of Tigard participation came from the Tigard-Tualatin School District. 4. CONSENT AGENDA• a. Motion by Councilor Eadon, seconded by Councilor Johnson to approve the Consent Agenda without Item .4. r .1 Approve City Council Minutes: September 17, 1990 .2 Approve senior center/Tigard Christian Church Parking Agreement .3 Authorize Right-of-Way Acquisition for McDonald I Street Project - Resolution No. 90-67 The motion was approved by a unanimous vote of Council present. b. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Consent Agenda Item .4 as follows: .4 Continue Public Hearing on Comprehensive Plan and Community Development Code Revisions to NOVEMBER 19, 1990 (Group Residential Care and Review of an Update on the "Economy" Chapter.) The motion was approved by a unanimous vote of Council present. 5. BALLOT MEASURE 5• a. Council considered Resolution No. 90-68 outlining a formal position on Ballot Measure No. 5 appearing on the November 6, 1990 general election ballot. Said measure proposes a Constitutional amendment changing the current property tax system. b. RESOLUTION NO. 90-68 - A RESOLUTION OPPOSING BALLOT MEASURE #5 C. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Resolution No. 90-68. ( CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 2 r= The motion was approved by a unanimous vote of Council present. 6. APPEAL PUBLIC FEARING - SITE DEVELOPMENT REVIEW SDR 90-0004 PIJMNED DEVELOPMENT REVIEW 90-0002. VARIANCE VAR 90-0007 TRIAD (NPO 6) - A request for Site Development Review and detailed Planned Development approval of a 364 unit apartment complex on a 27.2 acre property. Also, Variance approval is requested to allow a public street grade of up to 15%. ZONE: R-12 (PD) (Residential, 12 units/acre Planned Development) and R-25 (PD) Residential, 25 units/acre Planned Development). LOCATION: SW 109th Avenue and S.W. Naeve Street a. Public hearing was opened. t b. Councilors Eadon and Kasten declared that individuals in the community had discussed this issue with them. Both Councilors advised they did not think these conversations x would bias their decision with regard to this proposal. C. Senior Planner Liden summarized the staff report (see Council meeting material). The Planning Commission approved the subject application on September 4, 1990; this decision was subsequently appealed by NPO 6. d. Public Testimony: ~y. Proponent (Agree with Appellant NPO 6) • Beverly Swink, 15875 S.W. Greens Way, Tigard, OR 97224 testified against the proposal. She said the development was incompatible with the surrounding neighborhood and noted concern with safety issues relating to traffic and crime. She contended that a link with Beef Bend Road might be possible even though the applicant had advised otherwise. Ms. Swink said the Triad development does not meet two major criteria: 1) Proposal exceeds the maximum 12 percent grade by City standards, and 2) The development does not have direct access to a major road. • Steve Abel, 1211 S.W. Fifth Avenue, Suite 1800, Portland, Oregon advised he was an attorney representing Bernard McPhillips who resides at 15100 S.W. 109th, Tigard, Oregon (immediately east of the proposed development across 109th). Mr. Abel noted issues with regard to traffic for the proposal. ( CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 3 f t;: Mr. Abel advised the Planning commission decision would change the S.W. 109th from a local street to a minor collector street. He contended that such a change could only be done through the Comprehensive Plan Amendment process. In addition, the Comprehensive Plan identifies another street as eventually becoming a through street; therefore, the Comprehensive Plan never contemplated that 109th would become this sort of a bypass. Other key issues pointed out by Mr Abel included: - The developer never asked to connect SW 109th at the top. - Design standards for a local street allow a maximum 12% grade. - The applicant has requested a variance which would allow a 15% grade. - Variances (for design standards) on public right-of-way was not an option. - "Economic hardship" could not be the only criteria cited for variance approval. - Comprehensive Plan Policy 8.1.1 requires a safe and efficient street system, which this would not be. Marge Davenport, 15100 S.W. 109th Street, Tigard, Oregon 97224 noted her concerns with the traffic volume created by this development. She preferred that 109th to remain closed to all but emergency access. Other comments from Mrs. Davenport included: - Concerns about deforestation of little Bull Mountain. - Recommended that a decision to make SW 109th a through-street should be put on hold until it is known how the property to the east will be developed. No planning for this area has been completed. - Best solution would be to deny the application. • Phil Pasteris, 8935 S.W. Pinebrook, Tigard, OR 97224, advised he was representing Sue Carver of NPO 6 (appellant). His comments included the following: - Little Bull Mountain is designated as a scenic area in the Tigard Comprehensive Plan. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 4 Special care should be exercised with any f development near or within the area. - The local streets are designed for low density development because of steep slopes. The NPO questioned the wisdom of multi-family zoning which occurred when the Albertson's shopping center was built. The area was changed from low density to medium density to preserve the LCDC mandated 1110 units per acre on buildable land." He reviewed development which had occurred since the rezoning of the property. A new multi-family development has access to SW 109th where it is flat and allows safe and easy access. The proposed development does not belong at this site. It will not preserve or enhance the scenic qualities of Little Bull Mountain. He noted the steepness of SW 109th. With potential development to the east, SW 109th could qualify as a minor collector. He also questioned what advantages would be available to opening SW 109th. The NPO went on record in April 1988 favoring a continued closure of SW 109th. The NPO recognized Summerfield interests. = The NPO questioned whether Highway 99 access had been considered fully. The NPO recommended: 1. Denial of the development as proposed. 2. Keep S.W. 109th closed. 3. Take a regional approach to development on Little Bull Mountain, taking into account the following: a. The inherent scenic and environmental qualities of Little Bull Mountain as cited in the Comprehensive Plan. b. Transportation issues that account for the development east of 109th but is yet to be done. Mr. Pasteris stressed that the NPO was not satisfied that every alternative had been explored so Council could make the right decision at this time. • Al Erickson, 15200 S.W. 109th Street Tigard, Oregon objected to the proposed development. Mr. Erickson noted concerns with impact on wildlife, old growth timber and traffic volumes. • Peter Adamski (declined to testify). CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 5 • Paul Norr, attorney representing Triad Development, asked the Council to adopt the Planning Commission decision and approve the project. Mr. Norr reviewed the cooperative efforts from Triad through numerous meetings and the packaging of two proposals. He advised the project meets all of the i requirements in the Development Code. Below are E additional points noted by Mr. Norr: } E - Traffic counts do not justify a minor collector street status for 109th. - The City staff and Fire District were agreeable to a variance in grade of up to 15%. - The Beef Bend Road connection had been studied. The Oregon Department of s Transportation is not interested in pursuing. k • Ross Woods, Triad Development, 320 Andover Park r East, Seattle, WA 98138 recounted the history of the development proposal. Mr. Woods advised of work with nearby homeowners and subsequent inability to mediate a satisfactory traffic solution. With regard to connecting at Beef Bend Road, he advised that both ODOT and the City of 4 Tigard indicated this would not be the most k advisable option. Currently, S.W. 109th was unsafe; reduction of the grade to 15% would make it safer. Mr. Woods advised the development was designed to save as many trees as possible; if single family homes were built at this site, more trees would be f gone. i In response to a question from Councilor Eadon, Senior Planner Liden advised that the Development Code required a certain number of accesses for a development of this type. Currently, the requirement was for five accesses. The developer could apply for a variance on this requirement. • Greg Weston, licensed engineer, Kampe & Associates, 3681 S.W. Carman Drive, Lake Oswego, Oregon 97035, summarized the talks with the Oregon Department of Transportation (ODOT). The applicant does not want the Beef Bend Road access nor does Mr. Lee Gunderson of ODOT who noted issues which included that Beef Bend Road was not a safe choice because of -steep approach grades unacceptable to ODOT. Mr. Gunderson had questioned the wisdom of constructing another substandard intersection when it did not appear to be absolutely necessary. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 6 f: Council discussion followed. It was noted that ODOT was concerned about costs and safety issues with regard to access on Highway 99. • Wayne Kittleson, 512 S.W. Broadway, Portland, OR 97205 (Kittleson & Associates, Inc., - Traffic Planning/Traffic Engineering) testified that he was available for questions from the City Council. Mr. Kittleson reviewed the efforts to date on the consideration of a Beef Bend Road connection to this development. Mr. Kittleson advised that Mr. Gunderson (ODOT) had two major concerns which included the steep grade and stringent rules which apply for access to Pacific Highway. (A letter from Mr. Lee Gunderson of the Oregon Department of Transportation was received by Council.) Councilor Eadon asked questions about capacities for Naeve Road and Pacific Highway. There was discussion on requirements for signalization and the volumes which are required to warrant a signal. • Howard Graham, 9410 S.W. Lakeside Drive, Tigard, Oregon 97224 opposed the NPO appeal. He advised that the it would be preferable to negotiate a compromise with the neighborhood and developer. Max Miller, Attorney at Law, 888 S.W. 5th Avenue, Suite 1600, Portland, OR 97204 observed that most of the residents would not be disappointed if the proposal was denied and the influx of traffic into Summerfield would not be appreciated. He advised that if the Council allowed this development that they also adopt the Planning Commission position for protection of traffic flow into Summerfield. Mr. Miller referred to several Comprehensive Plan elements and noted concerns with noise. He advised that golf carts were driven on Summerfield streets and noted that increased traffic flow from this development may jeopardize the safety in this area. • Ken Cheeley, 15390 S.W. Alderbrook, Tigard, Oregon 97224 noted some history of the development process. He outlined overall livability concerns and the support which the Summerfield neighborhood has given the City in past efforts. • Larry Derr, Attorney, 2300 U.S. Bancorp Tower, 111 S.W. Fifth Avenue, Portland, Oregon 97204 supported the staff recommendation as contained in the staff CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 7 I report. He noted some issues where he felt the proposal by the Planning Commission was in violation of comprehensive Planning policies. These violations included: - A cul-de-sac cannot exceed 400 feet in length. - A project of this size needed five accesses; therefore, S.W. 109th Street must be utilized. - The Planning Commission did not have the authority to close off a street. - The Planning Commission proposal would set up a situation where there would be a house which would only have emergency access. - The closure of the a street must be done through a separate right-of-way vacation process. Mr. Derr urged the Council to adopt the staff ; recommendation. } • Cal Woolery, 12356 S.W. 132nd Court, Tigard, Oregon, 97223 advised he was Vice Chair of CPO 4. Mr. Woolery r reviewed the number of meetings to date on this development and the number of options which had been considered. He said the Planning Commission recommendation to improve S.W. 109th to a minor collector rr street was prudent and proper. lam. In response to a question from Councilor Johnson, Mr. Woolery responded that he was comfortable that every conceivable alternative had been explored for a traffic options. He said he did not believe the State would not support a Bull Mountain route. • Beverly Froude, 12200 S.W. Bull Mountain Road, Tigard, Oregon 97223 advised she was representing NPO No. 3 which had concerns with the increased amount of traffic on Highway 99 if this route were to be chosen. • Gene Birchill, Tualatin Valley Fire Department, P. O. Box 4755, Beaverton, OR 97005 advised that of the two alternatives proposed, the Fire District would support the second,:.-- alternative which would give better access for emergency vehicles and maneuverability. Mr. Birchill said that the first alternative would be livable. e. Recommendation by Staff: Community Development Director reviewed the alternatives available to City Council as outlined in the staff report for this agenda item. Staff's choice of alternatives was to modify the Planning Commission's decision and direct staff to prepare a CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 8 's corresponding resolution. This alternative would keep S.W. 109th Avenue open at both the south and north ends. Council meeting recessed: 9:37 p.m. Council meeting reconvened: 9:47 p.m. f. Council discussion followed: • Discussion on whether or not the cul-de-sac created, as noted in Mr. Derr's testimony, was in violation of the Code. Review of the two proposed alternatives with regard to restricting access to emergency vehicles only. It was noted that there would be one residential property which would be affected. • Discussion on how the an emergency access would be monitored it would be an inviting alternative to use as a shortcut. City Attorney advised that there were many details which would need to be resolved. • Discussion on ramifications of Alternative 1 and the street closure as it would be affected by the Comprehensive Planning polices. • Discussion of the amount of projected traffic in this area and whether or not "the status of the street would change to a minor collector. Discussion of the request for a variance in the grade of the street. • Discussion over whether or not the effects of future of development had been considered adequately. • Discussion over whether all options had been explored with regard to an intersection at Highway 99. g. Public hearing was closed. h. Consideration by City Council: • Councilor Schwartz - Noted concerns over the amount of vacant land still available for development in the area. In addition, he was apprehensive over the amount of traffic which would be forced out to S.W. Naeve and S.W. 109th. He noted the need to consider the overall transportation plan as it may develop in the future. Councilor Schwartz noted there were a number of unanswered questions with regard to the impacts of the development of the property. ' He was also unclear of enforcement capabilities of the proposed CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 9 traffic alternatives which included an emergency- access only route. Highlighted below are additional problems noted by Councilor Schwartz: f 6 - 15% grade of S.W. 109th - Issues needed to be resolved with regard to impacts caused by the opening of S.W. 109th ` - Further study warranted for an intersection at. Pacific Highway k- Councilor Schwartz stated that it appeared there R; were still other alternatives the developer could t review; all efforts have not been expended. t: Future transportation needs, such as traffic needs, should be provided for now which would assure that future costs would be borne by the Triad: Development for the signalization. t. • Councilor Kasten - Advised that he did not think all of the alternatives had been explored fully # including the access to Beef Bend Road. r. He noted that he concerns about: - City street constructed with a grade of 15% - Traffic circulation and emergency access Street closure was not a comfortable alternative • Councilor Johnson - Advised that she did not believe the project offered the City of Tigard a safe and efficient street system. She stated this project would place a burden on neighborhood streets. Councilor Johnson noted that this development, if built, closed alternatives to continue to plan for a safe and efficient street system. • Councilor Eadon advised that option 1, as approved by the Planning Commission was flawed. She was skeptical that discouragement of traffic through the emergency would be successful. If emergency access only was provided and this was not to be a public road, then, in essence, this would have the same effect as a street closure. This result was contrary to a policy issue which the Council had studied previously. Councilor Eadon noted it was not within the Planning commission's jurisdiction to close public streets. If 109th is to be used as a public road, CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 10 then it should be designed according to public road r standards. The Planning commission decision also appeared to have the effect of implementing a Comprehensive Plan change with regard to the status of S.W. 109th Street. She reminded that appropriate public process would be necessary. Councilor Eadon reviewed that past commitments had been made to residents on S.W. 109th that they would have direct access south to Durham Road until alternative routes were produced. It was her opinion that these alternative routes have not been produced. Comprehensive Plan Policy 8.1.1 calls for a safe and efficient street system; in her opinion, the developer did not offer a proposal meeting this requirement. She noted the development would not have adequate access to a minor or major collector as a project of this size should. Councilor Eadon advised that the development plan calls for four driveways onto a local street. A grade of up to 15% was not safe. Chapter 18.134 speaks of variance criteria; she noted she did not see where variance- approval criteria had been met and she would not be in favor. • Mayor Edwards - Noted his agreement with the Councilors, comments referencing the Comprehensive Plan policies and the dilemma of street access and grade capabilities. He reviewed the obligations to the people living in the surrounding neighborhoods. Mayor advised he did not believe the two alternatives were viable. He said he was opposed to road closures and referenced the recent Council action on a request to close S.W. North Dakota Street. Mayor said the site plan appeared to be flawed because it did not solve transportation issues for today and in the future. The second alternative, while it was better than the first, impacted unfairly one group of people while allowing relief to another. The relief, however, would be short lived because future development would create additional problems. It was inevitable that the area would develop which made it important to have it develop in a logical, thoughtful way. He advised he was not convinced that the Beef Bend CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 11 access was not a viable alternative. i. Council action: Motion by Councilor Eadon, seconded by Councilor Johnson, to deny the development request as presented and to direct staff to prepare the appropriate resolution and documents. Discussion on the motion followed. Consensus was that the criteria as stated during council consideration on this item would be the criteria listed as reasons for denial of the application. The motion was approved a unanimous vote of Council present. 7. COMPREHENSIVE PLAIN AMENDMENT CPA 90-0008 ZONE CHANGE ZONE 90-0008-W. L. MCCORMACK (NPO 5) A request for a Comprehensive Plan Amendment from Commercial Professional to Light Industrial. Also requested is a Zone Change f=om C-P (Commercial Professional) to I-P (Industrial Park). ZONE: (Commercial Professional); LOCATION: Southeast corner of SW 72nd Avenue and SW Sandburg Street. a. Public Hearing was opened. b. There were no declarations or challenges. C. Senior Planner Liden reviewed the staff report as presented to Council in their meeting packet. d. Public Testimony: • Mr. Lans Stout from MacKenzie Saito was available to answer questions. e. Senior Planner Liden advised the staff recommended approval of the proposed ordinance. f. Public hearing was closed. g. ORDINANCE NO. 90-38 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY THE W. L. MCCORMACK CO. (CPA 90- 0008, ZON 90-0008)o h. Motion by Councilor Johnson, seconded by Councilor Kasten to adopt Ordinance No. 90-38. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 12 The motion was approved by a unanimous vote of Council present. 8. REVIEW OF STREETS SYSTEM DEVELOPMENT CHARGES a. City Administrator reviewed this agenda item. Voters approved a county-wide traffic impact fee in September, 1990 with a 72% yes vote. The effective date of implementation is October 22, 1990. The policy question before Council was "Shall the Council retain a local system development charge for streets?" Staff recommended that the Council direct staff to initiate ordinance preparation, retaining a system development charge for transportation. It was further recommended that the Council direct staff to administer the proposed rates during the period prior to adoption of the amending ordinance and concurrent with implementation of TIF. Staff would submit justification for the system development charge (SDC) in accordance with state statute. b. There was lengthy discussion on this agenda item. Charles Hales of the Homebuilders Association and Mary Tobias of the Tualatin Valley Economic Development Corporation noted their concerns with the City of Tigard retaining the SDC charges along with the new TIF. It was stressed that the City of Tigard, throughout the review of a County-wide TIF, always retained the right to charge an SDC along with the TIF, if it was deemed desirable by the City. Councilor Johnson commented on this issue, reiterating Tigard's position. C. Motion by Councilor Eadon, seconded by Councilor Schwartz, to implement the county TIF with no local street SDC's collected. Tigard, however, would retain the right to reinstate local SDC fees. The motion passed by a majority of vote of Council present - 4-1 (Councilor Johnson voted "No.") 9. MAIN STREET BRIDGE a. Motion by Councilor Johnson, seconded by Councilor Eadon to support the staff recommendation authorizing the City Administrator to sign a contract with OBEC Consulting Engineers to do the Main Street Bridge (over Fanno Creek) Project. This project is to be funded under the Major Streets Traffic Safety Improvement Bond. The bridge replacement is to occur in 1991. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 13 The motion was approved by a unanimous vote of Council present. I 10. NON AGENDA Councilor Eadon announced a "Play in the Park" celebration to inaugurate installation of new park equipment in Cook Park. The event will take place at Cook Park on Saturday, October 13, at 10 a.m. 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNNENT: 9:53 p.m. E F Catherine Wheatley, City Recor r Att st Mayor, City of Tigard Date : 140 € 1 S ccm1022 s i 4 3 CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1990 - PAGE 14 i TIMES PUBLISHING COMPANY Le cle TT 7727 P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising ,The followm ineetutg uiformation is published far~.yyour mformaaon; Fur t then uefonon:may be obtauted Am the City Recorde, 113125 S W • ❑ Tearsheet Notice ; Hall Boulevard,'ESgard, Oregon .7!223, or by coaling 539-4171 t„ . • C'I'TY CUL►HI~ BUSINESS'Ii ETII~tG City of Tigard • ❑ Duplicate Atfidavi. BARD CIVI^r~tu ~rnwtr >TAi.L` s • PO Box 23397 1~3~ "wS SHAT ~BOL~YAR9 TICA_R~ OREGON ' Tigard, or 97223 • -s• Pablic • Appeal Iiearutg Sia, Development Review` SDRx90 (1404; Planned :'Development PDR 94=0002, Vanance VAR 9Q OOra, 'IYuud t'I!IPO -1364 Untt Agarttnent Complex a# S ~ ~09t1t Avenue and S W Naeve Street r ~ <<' ~~s AFFIDAVIT OF PUBLICATION - Comprehensive PlanAtriendment CPA 94.0408,'Zone nBe ZON 90-0008; W.W. McCorinacl<, L STATE OF OREGON, • Consider Resolution Opposing Ballot Measure #i5 ` COUNTY OF WASHINGTON, )ss. Review City Sweets System Development Cliairges • Local, ~onttact Review Board. f Judi :11 ~1:1 16, 1 1 • Executive Session: The Tigard City. Council will go lnt0 Executive being first duly sworn, depose and say that 1 am the Advertising T; rd T i maS Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to dos °p property Batisacdons,~curmait and pending Director, or his principal clerk, of the a newspaper of general circulation as defined in ORS 193.0 8 4 ussgati3 "m aotls'° k s and 193.020; published a M727 -Publi sh October 18, IM aforesaid count and state; that the _ e__ ting 0 1 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One One successive and consecutive in the following issues: October 18, 1990 Subscribed and sworn to before me this 1 Rt~.~ h A'y' Of ct ber 1990 0 OFFICIAL SEAL BEVERLY IL THOMAS Oregon NOTARY PUBLIC-OREGON v Notary Public for v~aa COMMISSIONNO.000M 1'? ~Q IatY COMMISSION EXPIRES JULY 15. 104 My Commission Expires: ~ AFFIDAVIT TIMES PUBLISHING COMPANY Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7722 BEAVERTON, OREGON 97075 1;UBL1C HF~Rnvr: Legal Notice Advertising The followu, will be considered; by the T-*W +Ciey Con ch on g 131 22.1990. at 7 30 P M of Tigard Civic Center 25 , Toad lialiyYtoom;` • 11 Tearsheet Notice S.W. . Hall Boiilevatd,` Tigard, Oregon _nrtller:.mforneaapn ma a obtained from the Commuru Develo City of Tigard ► p_ --iii( Director o~ City R • PO Box 23397 • 1:1 Duplicate Affidavit thesame , locaU°~ (9 by: iigg 639-di71, You are anvited to suhm ivnti tes>ymony m advance of. the - puiihc hearing:,wiitten and`'or Tigard, Or 97223 testimony will be consfdernd at the hearing The public.heanrlg wi114be^' • . conducted m accordance With the applicable Chapter 18 32;of. the gaud` MunicippaalI Code and any rules of procedure adopted by the Council and available at Ciiy Hall - ; SITE DEVl+i t'P&M r REVIEW `SDR 9Q-000~1; ' PLA_tvnn:.n DEVELAPMENT PDR 90-f1ix1~ < AFFIDAVIT OF PUBLICATION VARIANCE VAR 90-DOa7 An ' i (NppK; A. regeteat for Srte Development Review and detailed Planned STATE OF OREGON, )ss DPvelopinent #Tiovai ofia 364-iinrt apartment-complex' on a 272. acre COUNTY OF WASHINGTON, ) property,,.Also► -V anance;approval ts, iequestedto allow..a.pubhc~street grade of up to 15% ZONE. R-12 (PD) (Residefitw 12 -f~-dt ' i, th Knehler s iwtsJacrePiaiined being first duly sworn, depose and say that I m the Advertising Development) and R=25:' (PD} (Restdenpal,s 2$ tuttts/acre plaaitied: Development) APPLICABLE CRITERIq •C'ompre Director, or his principal clerk, of the Ti gar Times hensive,iPlan:Pbiicrest a newspaper of general circula ' n as ,defined in ORS 193.010 Z1.1., 3.1:1, 3 4.2, 61 1,.6.61, 7,12, 7.21; 7.4.4, 7.5.1,15.2,J"61.8.11. .,igard $.1.2. and 813,and Communityt Hevelopment Code Sections 1 and 193.020; Published at in the 2'856„1$.80,:1$.92; `181Q0 '18:102, 1$106, 18108, "18~Aa afore Pub lic said county and state that the _ '18134,18.15Wand 18161"I.OCATIO T S.W.- .109th Avenue end S:V6l ` . Naeve Sheet (WCTM 2S1; 0AD;;tax lot 930Q, 2SZ lOAC, tax lots fi00, ; a printed copy of which is hereto annexed, was published in the 700, 800; 900, and 2S1 IODB, tax l'o'ts 1 2 x entire issue of said newspaper for OnP successive and cIoMp R'N IVEPL N A~~^•** rpA°90, ZONE C1IA_~GE ZON 9ttfxtt►St ~l► r 1,~..rn>r - f consecutive in the following issues: „ (NPO#S) A request for. a CominehenAve,: Plan Amendment hom Commencra[ i October 11, 1990 Professio>al torLi ~Industrral. Also requested is a.}Z one;ChangeF:i±omi : C-P (Commercial Professional) I I P., (Industrial , Parlc)~ 2:ONfi;` (Co10110 i Professional): LOCATION Southeast'.corner of SSW ?2nd Avenue and 5 W 'Sandburg`Sir= (WCTM 2SI 1DC tax 1oc 3800) i M72Z PubWlfi.Oawb®r`l lr ll►ix01 . _ - `r r. Subscribed and sworn to before me thialth~Sday of October 1990 (J,Q~~-- ! x OFFICIAL SEAL /Notary Public for Oregon WMRLY a 1l19AilAS ' NOTARY PUBLIC-OREGON My Commission Expires: A1-, /,S-, /99~ COMMISSIONNQ.Ot)D352 AFFIDAVIT MY COMMISSION EXPIRES JULY is, 191x4 IIIIIIIIIIIIIIIIIE AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: 10/22/90 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED PLEASE PRINT i d. l Please sign in to testify on the following: AGENDA ITEM No. 5 DATE : 10/22/90 i AGENDA ITEM 5 - APPEAL PUBLIC HEARING - SITE DEVELOP- MENT REVIEW SDR 90-0004, PLANNED DEVELOPMENT REVIEW 90-0002, VARIANCE VAR 90-0007, TRIAD (NPO 6) PLEASE PRINT NAME & ADDRESS NAME & ADDRESS U v n-O~ k ~vy vzc6~cc:~ 7 ~~J 1 ~~~cy~~ Ll~C ~''r ~'i~~ ~UI r S OC CPO Please sign in to testify on the following: AGENDA ITEM NO. 6 DATE : 10/22/90 AGENDA ITEM 6 - COMPREHENSIVE PLAN AMENDMENT, CPA 90-0008, ZONE CHANGE ZON 90-0008, WL MCCORMACK (NPO 5) PLEASE PRINT NAME & ADDRESS NAME & ADDRESS V O rvc V 0'{1 E 1r ~ I u1C to . f CITY OF TIGARD, OREGON f AFFIDAVIT OF POSTRJG In the Matter of the Proposed Ordrna.~ee ejO-38 SPATE OF OREGON ) County of Washington ) ss City of Tigard ) E I, begin first duly sworn, on oath, depose say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) _ CIO --3 S c which were adopted at the Council Meeting dated 0G+0be.r- 09 a copy(s) of said ordinance (s) being h eto attached and by reference made a part hereof, on the a^(o date of 1990. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2., US National`Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albextson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and SW Durham Road, Tigard, Oregon g k i C Subscribed and sworn to before me this date of , 19(. Notary Public for Oregon My Commission Expires: 9 ke/CWPOST CITY OF TIGARD, OREGON ORDINANCE NO. 90 -12-5 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY THE W. L. MCCORMACR CO. (CPA 90-0008, ZON 90-0008). WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Professional Commercial to Light Industrial and a Zone Change from C-P to I-P; and WHEREAS, the Planning staff made recommendation of findings to the City of Tigard Planning Commission at a public hearing on October 4,1990; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on October 22, 1990 to review Planning staff and Planning Commission recommendations as well as public testimony. NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted below: A. FACTS 1. General Information C CASE: Comprehensive Plan Amendment CPA 90-0008 Zone Change ZON 90-0008 i REQUEST: 1. Plan map amendment from Commercial Professional to Light industrial. 2. Zone change from C-P (Professional Commercial) district to I-P (Industrial Park) zoning district. APPLICANT: W. L. McCormack AGENT: Mackenzie/Saito & Assc. 7415 Fairway Loop (Lana Stout) Wilsonville, OR 97070 0690 SW Bancroft Street PO Box 69039 OWNER: Same Portland, OR 97201-0039 LOCATION: Southeast corner of SW 72nd Avenue and SW Sandburg Street. PROPERTY DESCRIPTION: WCTM 2S1 1DC, Tax Lot 3800 2. Background Information The plan for NPO #5 was adopted by the City Council on August 22, 1977. The plan and corresponding zoning designations selected for the area of the subject site were Industrial Park (M-4) on the north side of i ORDINANCE NO. 90-59 Page 1 Sandburg Street and Heavy Industrial (M-2) on the south side. Both of ` these zoning districts allowed for both commercial office and industrial uses. During the city-wide review of the Comprehensive Plan in 1983, the zoning for the subject property, along with several other parcels receiving access from Sandburg Street, was changed to C-P (Commercial Professional). Along with the change in map designation, the list of permitted uses in the C-P zone was reduced. The C-P zone does not allow industrial uses that were previously allowed in the former M-2 zone. In September, 1985, the City Council reviewed a proposed Plan Map redesignation of 21 tax lots that receive access to Sandburg Street from Commercial-Professional to Light Industrial, and a zone change from C-P to I-P. The Council approved the redesignation for only 7 of the parcels, not including the subject property (CPA 5-85). On July 3, 1990, the Director's designee approved a request by the current applicant for Site Development Review approval to redevelop the existing 14,432 square foot office/storage building on this site for administrative offices for a construction engineering and management firm and to allow construction of an approximately 13,000 square foot flex-space building on the east side of the parcel (SDR 90-0012). r Redevelopment of the site in accordance with this application is currently under way. No other land use or development applications involving the subject parcel have been reviewed by the City of Tigard. 3. Vicinity Information Properties to the north and south are also zoned C-P and contain a variety of office uses. Properties to the east are zoned I-P and include a variety of industrial uses. The adjacent parcel to the east contains the Gould Pump Company. Across SW 72nd Avenue from the subject site is a vacant parcel that is zoned I-P which is a part of the Tech Center Industrial Park. Properties to the northwest are zoned C-P and presently contain single-family residences or are vacant. SW 72nd Avenue abutting the site is a 44-foot wide paved major collector street that includes curbs and storm drainage. A sidewalk does not exist on either side of the street. SW Sandburg Street abutting the site is a fully improved local street with sidewalks on both sides. 4. Site Information and Proposal Description The 1.8 acre parcel presently contains the 14,432 square foot combination office/storage building. A parking lot containing approximately 60 parking spaces is located on the north side of the parcel. One access driveway connects the parking lot with SW Sandburg Street. The site contains a large amount of mature landscaping including several large trees along the SW 72nd Avenue frontage of the site and several oak trees along Sandburg Street. ORDINANCE NO. 90-35( Page 2 The applicant is in the process of remodelling the existing building into an office building for a construction management and engineering firm. Approximately 4,000 square feet of the existing storage area is to be modified for leasing to another use. The applicant also has begun construction of a new 14,000 square foot single story flex-space building on the east side of the parcel. The project includes expansion of the existing parking area to surround the existing building adding 25 additional spaces. Two new access driveways from Sandburg Street to the parking lot will be provided along with closure of the existing driveway. Also to be constructed is a new driveway and truck maneuvering area on the far eastern edge of the site to serve a number of overhead doors on the new flex-space building as well as the office building to the south. The applicant requests a Plan Map Amendment from Commercial Professional to Light Industrial and a Zone Change from the C-P (Commercial Professional) zoning district to the I-P (Industrial Park) zoning district for the 1.8 acre parcel. The applicant has submitted a statement titled Proposal for a Comprehensive Plan Amendment and Zone Change - W L. McCormack and Company. The primary intent of the request is to broaden the number of possible uses allowed in the t development. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: a. The site is already developed with paved parking and a building. The requested rezoning will not require any additional public facilities. b. As described in the applicant's submittal, substantially less vehicles per day would be expected from potential uses in the proposed zone as compared to traffic generation anticipated from uses permitted under the existing zoning. Furthermore, substantially less traffic during peak periods is typically associated with most industrial uses as compared to typical office uses. C. The Engineering Department has no objection to the proposed rezoning. The Building Division, Tualatin Valley Fire and Rescue District, Tigard Water District, General Telephone, and PGE have reviewed the proposal and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Statewide Planning Goals, 1, 2, 9, and 12; Comprehensive Plan Policies 2.1.1, 4.2.1, 4.3.1, 5.1.1, 7.1.2, ORDINANCE NO. 90-DID Page 3 7ti. a5 *1. 7.2.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3, 12.2.1, 12.3.1 (locational criteria for the Light Industrial plan designation); and the change or mistake quasi- judicial plan map amendment criteria of both the Comprehensive Plan and Community Development Code. In addition, the proposed redesignation should be consistent with the purpose section for the requested I-P zoning districts. Statewide Planning Goals The Planning Division concludes that the proposal is consistent with the applicable Statewide Planning Goals based upon the following findings: 1. Goal #1 (Citizen involvement) is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by Neighborhood Planning Organizations (NPOS). NPO #5 has been informed of the application and has been provided with the opportunity to comment on the proposal. In addition, all public notice requirements related to this application have been satisfied. 2. Goal #2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Community Development Code requirements to the review of this proposal. 3. Goal #9 (Economy of the state) is satisfied because the proposed redesignation would increase the City's inventory of developable industrial land on a parcel which is well suited for industrial use. The City has recently expressed concerns with its limited amount of C developable and/or leasable industrial lands in the City's review of a proposed plan amendment/zone change for Spieker Partners further south on SW 72nd Avenue at SW Lower Boones Ferry Road (CPA 90-0004). The City Council approved that application redesignating 6.6 acres from industrial to commercial plan and zoning designations although the Council indicated a desire to maintain a sufficient developable industrial land base. The present proposal would partially replace the industrial land lost through the Spieker redesignation. 4. Goal #12 (Transportation) is satisfied because the proposed I-P designation is not anticipated to result in an increase in site generated traffic, as described further under Policy 8.1.1, which follows. Plan Policies Staff has determined that the proposed Plan Map Amendment/Zone Change is consistent with the Comprehensive Plan based upon the findings below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #5 and surrounding property owners were given notice of the public hearing related to the request. In addition, notice of the public hearing was published in the Tigard Times and was announced on a sign placed on the site. ORDINANCE NO. 90-3? Page 4 C 2. Plan Policy 4.2.1 is satisfied since the site's improvements have been reviewed through the City's development review and building permit processes and have been shown to comply with applicable federal, state, and regional water quality requirements, including preparation and implementation of a non-point source pollution control plan and compliance with the Oregon Environmental Quality Commission's rules for the Tualatin River Basin. The proposed redesignation, with resulting changes in the uses which might occupy the site, would not affect compliance with this Plan Policy. 3. Plan Policy 4.3.1 is implemented through the development review process, in which building placement and landscaping have been reviewed with respect to minimizing noise impacts of use of the site upon adjacent land uses. No significant noise impacts would be expected due to light industrial use of the property as compared to commercial use permitted under the existing zoning. The parcel does not abut typical noise sensitive uses such as residences, schools, day care facilities, or retirement homes. 4. Plan Policy 5.1.1 is satisfied because this proposal would enhance the economic diversity of the Tigard area. The subject property is located within a transition area between predominantly office uses to the north and industrial uses to the south. The I-P zone will allow the existing approved site developments to accommodate a variety of uses more consistent with the nature of the surrounding area than would be allowed under the C-P zone. 5. Plan Policy 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because a full range of public service are currently provided to this site. Service providing review agencies have not raised any issues regarding their ability to provide service to this site if the Plan and zoning designations are changed. 6. Plan Policy 8.1.1 is satisfied because the proposed redesignation could decrease the demand on the public roadway system generated by uses on the property, depending upon the occupants of the buildings, as assessed utilizing the Institute of Traffic Engineers Trip Generation Manual. The applicants have provided the following basic traffic analysis, comparing projected trip generation using the site data and basic trip generation projections: site area 79,200 square feet (1.82 acre) building area 27,400 square feet C-P trip generation 520 vehicles per day (ITE Code 710) I-P trip generation 241 vehicles per day (ITE Code 110) The above analysis indicates that the Plan/zone change requested would not be expected to significantly affect the transportation system and could even result in a decrease in the potential for vehicle trips generated by industrial use of the property under the requested designations as compared to typical commercial uses allowed by the current designations . ORDINANCE NO. 90-_.39 Page 5 ` k c I 7. Plan Policy 8.1.3 is satisfied since all necessary public street improvements are in place and have been assessed for sufficiency for serving the existing and proposed site developments through the Site Development Review and Building Permit processes. 8. Plan Policy 12.2.1 provides locational criteria for commercial Plan designations. The Commercial-Professional Plan designation criteria indicate that site suitability, infrastructure, and adjacent land uses are the key elements in locating Commercial-Professional areas. High visibility is a site characteristic which is not a quality exhibited by the subject site. Of particular note is the site's location, existing development, and surrounding uses which are not definitively Commercial-Professional in nature. The property therefore might not be properly designated with the existing Commercial-Professional Plan designation. 9. Plan Policy 12.3.1.b provides locational criteria for Light Industrial Plan designations. The Proposal for a Comprehensive Plan Amendment and Zone Change - W. L. McCormack and Company addresses each of these criteria on page 3. The City Council generally concurs with this analysis and borrows liberally from the applicant in providing the following findings. The locational criteria are noted in capital letters: b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE: 1. BUFFERED FROM RESIDENTIAL AREAS TO ASSURE THAT PRIVACY AND ( THE RESIDENTIAL CHARACTER OF THE AREA IS PRESERVED. \ COMMENT: The only residential development in the vicinity of this site is to the northwest across SW 72nd Avenue. The proposed redesignation and industrial use of this site would not be anticipated to impact this-residential area due to the separation of these areas that is provided by SW 72nd Avenue and because the buildings on the subject property and traffic areas are set back some distance from the streets. 2. LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL AREAS." COMMENT: The site has access to SW 72nd Avenue, a major collector street, via SW Sandburg Street. Neither of these streets channel traffic through residential areas. C. A SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR THE SHORT AND LONG RANGE NEEDS OF THE USE." COMMENT: The site can accommodate the existing uses as well as potential future industrial uses within the confines of the buildings' sizes. ORDINANCE NO. 90-_-3_ Page 6 d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE TOPOGRAPHY OF LESS THAN 6 PERCENT GRADE OR THAT IT CAN BE DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL LIMITATIONS TO DEVELOPMENT AND THE PROVISION OF SERVICES CAN BE MITIGATED." COMMENT: The site's grades have been taken into consideration in the site development plans such that extensive grading was not required for the current construction on the property. The site grading plans have previously been approved by the City of Tigard Building Division. e. IT CAN BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE, AND OTHER EXTERNAL AFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES AND USES ON SURROUNDING PROPERTIES. COMMENT: Surrounding properties are developed with office and industrial uses which are largely consistent with the types of uses that would be permitted on the subject property under the requested Light Industrial Plan and I-P zoning designations. Existing landscaping and building setbacks should reduce the potential for l:_ght and noise impacts and other potential conflicts with adjacent uses. I-P Zonina District The purpose statement for the I-P zoning district states that the zone is intended: for combining light manufacturing, office and complimentary related commercial uses for combining uses which have no off-site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off-site impacts for combining parking, landscaping and other design features which physically and visually aid structures and uses within one development which prohibit residential use which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites which provide for a circulation system that provides direct access to arterials or collectors that will not channel traffic through residential areas which utilizes an internal circulation system which connects to adjoining sites.... which provide the complete set of pre-imposed restrictions (e.g., deed restrictions, restriction of covenants, etc.) that are enforceable upon all occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off-street parking, and site maintenance which provide evidence of continuing management responsibility to enforce restrictions established upon the original development plan and which recognize the differing transportation requirements of the employees and service vehicles with adequate provision for public transit access." The applicant has addressed this purpose statement in the Proposal for the Comprehensive Plan Amendment and Zone Change statement included with the application. The Council concurs with the applicant's assessment of the ORDINANCE NO. 90-,-,o Page 7 consistency between the proposed redesignation and the purpose statement. Existing and planned site improvements should be able to accommodate a variety of industrial and office uses that will be consistent with the use and performance standards applicable to the zone. The entire site is planned to be operated as a single unit in a manner consistent with adjacent properties. The site and surrounding area is nonresidential in character. The street and utility pattern is established. The site has access to a collector street that will direct traffic to other collector and arterial streets without routing traffic through residential neighborhoods. The subject site and an adjacent parcel, the Key Bank parcel to the south, share an access , drive on SW Sandburg Street. The subject site is under a single ownership which should ensure appropriate maintenance of the entire site and its buildings. Finally, Tri-Met route 38 provides bus service to this site on SW 72nd Avenue. Change or Mistake In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find evidence of a change in the neighborhood or community which affects the parcel. Alternatively, the City must find that there was a mistake or inconsistency with regard to the designation of the parcel (Comprehensive Plan, Volume II, Policy 1.1.1, Implementation Strategy Two; Community Development Code, Section 18.22.040.a). As noted under background information earlier in this report, the area within which the site is located was studied by the City in 1985 and the area was partially rezoned to I-P in response to concerns that most of the actual land uses were not consistent with the C-P zoning in effect at that time. Although the building on this parcel has somewhat of an industrial character, the use of the property at that time was predominantly an office- type use that would not have been a permitted use in the I-P zone; hence the property's former owner preferred to retain the C-P zoning. The C-P zoning of this parcel, as well as a few other properties in the area, was retained in order to avoid making the uses of those properties non-conforming uses. The recent sale of the subject property to the current owner has precipitated a desire to more accurately plan and zone the property with regard to the character of the site improvements and the surrounding area. It is likely that we may see similar requests for the other C-P properties in this transitional area as tenants turn over to more industrial uses. This history of events indicates that the City previously perceived a mistake in the original plan/zone designations in this area and if the property owner at that time had desired, this site likely would have been rezoned to I-P in 1985. This condition continues to exist with a building of industrial character abutted by similar developments to the east that are already zoned I-P. Therefore, it is clear that a mistake was made in the original designation and that I-P is a more appropriate designation to reflect the transitional nature of the area between the office uses to the north and industrial uses to the south. SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcel illustrated ORDINANCE NO. 90 Page 8 t on the attached Map, Exhibit A, with a Comprehensive Plan designation of Light Industrial and zoning of I-P. SECTION 3: This ordinance shall be effective on and after the 30th day after its passage by the Council, approval by the Mayor and posting by the Recorder. PASSED: By UnC r11Mous vote of~ll Council members present after being read by number and title only, thisaa day of C7C-(0b-PJL , 1990. ✓~~r~-~~-2..Q-mot herine Wheatley, City Recorder n~ APPROVED: This day of October, 199 . Gerald R. Edwards, Mayor proved a o form: C y Attorney u~aa/qb Date l ORDINANCE NO. 90-3-s Page 9 300 ` 25. i i 50.02 L1 ~~~~i . B6 Ac. N 89015 37 E' 179.93 EAST 9 .26 C H, ° NW COR GOVT. LOT 4 N < 20 3703 3700 I M m 1.55 Ac. 70Ac. I g ~ R ` N fy` L 2 310 O I N F- 1 O 1 400 'r W I BB Ac 3701 104.3 M ~C 08Ac. 2L3 C ____r24.4 GOVT. LOT 4 M l I N 1 Ito: 40`~ • 7893 I m 1 I N 89°24'W 310•' z 3702 ( m 1 \ DPIV' ~.NBB°4B~W 310 .75 AG a I na P ` S B8°48'E 310 ,r/.GE,y~\ W I W p ,•r I N B9°24 W, 310 o N I I 30 \ E n 1 500 o z 1 oNi .60 AG 43 \p 29.6' WEST 926WCN.7 47.14 4QC S89°05'17'W 1 , IN, /iu TO PUBLIC 895/529 o ..SW. SANDBURG STREET < 50 4602 to 3801 n 2.89 Ac. aN 23 AG 50 ° OZ40 O N S N 89024'W 310 .V m 2 6s.ee 2saoo 3t9.ee ~20 is rRoposep PLAN edANGE To LiGIM ItOPUSTR1AL. ZONE C14ANGE TO r -P ~ 50 wt ; Mo N Q ~ ~ ~ 3900 •i v '?y 2.1-9 Aa l \ r~ ri I\ 3; f _ I Z a \ at \ \ 1 N • N A r \1 r L Nl ~o VACATED 00,P, _ ~c 'f 82-32715 ay?" 1~' ¢ z 222.00 k,\ : S 88053 'E 412.04 DRIVE 3° r M 1X905.1 TRACT •C" RESERVE STRIP 4100 ° N STONE , ELY SE- COR W.W. GRAHAM D.L C.39 3 N 1 F 93 `07 100 9 o?y ~U 4.7OAc.°~B s 2 n EXHIBIT A 84396 4o"~ FOR ASS J' ~OF ,,n PURPOSES DO NOT R FOR ANY O. 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T e • SA3K>;T - TyAtJtYiN 71tuNK LteJl qZp QSP 55 BALL P A R K / N G yz" LE. tol PVC s r, f l+l 9 © © Q a REST ~ a e PAYEO f c C PKG. / w `vl BALL FiELO ` / MN! 01 COOK PAR «t l Q PARKI•• O ~x1 O $ `Fr f.E. t iT 3B \ Y sp a BALL FIELD J lJ ~ ` r X / e pp*~~ O sir 4" PVC s5 5 - .0385 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (LOCAL CONTRACT REVIEW BOARD) AGENDA OF: October 22, 1990 DATE SUBMITTED: ISSUE/AGENDA TITLE: Approve PREVIOUS ACTION: consultant contract for Main Street Brid e ~ PREPARED BY: City Engineer DEPT BEAD OR CITY ADMIN REQUESTED BY: sassaaaaaaxasasaaa=asa=aaaaaasaa a sa=aasaaaa=x=aaxx=axxxccxxxasaaxa=axxx==xxx LICY ISSUE Shall a contract be authorized for design of the Main Street Bridge replacement? aaaasasaassaaaa:gaga::aaaaasasaaaaxaaaaaaa=aaaax=x=ax=s=xcx=aaxaa=a=axcaaa=aaax INFORMATION SUMMARY Previously, the Council selected replacement of the Main Street bridge over Fanno Creek as a project to be funded under the Major Streets Traffic Safety j Improvement Bond. The bridge replacement is to occur in 1991. Staff recommends that an outside consultant be used for the design and detailed inspection, as adequate time and expertise are not available in-house. The project requires expertise in bridge design and flood channel hydraulics. After review of the qualifications of available consultants, the staff s interviewed two consultant teams for this project. Based on the interviews, staff are recommending that OBEC Consulting Engineers be selected for this project. OBEC has excellent qualifications in the field of bridge design and the associated engineering work. OBEC will use Portland landscape architect Robert Perron to provide design details related to bridge railings. The standard City consultant contract is to be used. Payment will be on a time-and-materials basis not to exceed $64,000 for engineering design, preparation of contract documents, and coordination with utilities. Construction inspection and testing services will be on an hourly basis as needed, at an estimated cost of $50,000 to $75,000. aasasasargasasaaaasassaaaaaaaaasaaxaa¢aaaaaxa=xaxaxa==aax=xxxxxxa=xaxcxaxxa=xxx ALTERNATIVES CONSIDERED 1. Authorize a contract with OBEC Consulting Engineers. 2. Select an alternative consultant. ==x==xxxxa=axsaaaasagags::aaxaaaxxaaaxaxxaa=v=c==c=c==ccx=x----_--._ FISCAL IMPACT All design costs will be paid from the Major Streets Traffic Safety Improvement Bond. SUGGESTED ACTION Staff recommends that the Local Contract Review Board authorize the City Administrator to sign a contract with OBEC Consulting Engineers, as outlined above. dj/ss-c-msb.RW - - - - - . ~i(I( ,1~"''i S.yw•`di~ „ff 'iiii ".i, 'iil i - : RED RIBBON CAMPAIGN PROCLAMATION WHEREAS, alcohol and other drug abuse in this nation has reached epidemic ! stages, and the 15-24 year old age group is dying at a faster rate than any other age group; and, t~nilf. WHEREAS, It is imperative that visible, unified prevention education efforts i" p.ry: by community members be launched to reduce the demand for drugs; and, WHEREAS, The National Federation of Parents for Drug Free Youth with w`I • the Oregon Federation of Parents for Drug Free Youth (and local affiliates) ' are sponsoring the National Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug free lifestyles; and, «:csz• >z, WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week," October 20-28, 1990; and, WHEREAS, President George Bush and Mrs. Barbara Bush are the National Honorary Chairpersons to provide this community focus on a Drug Free America; and, WHEREAS, Business, government, law enforcement, schools, religious institutions, service organizations, youth, physicians, senior citizens, military, l sports teams and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week long i _ campaign; and, - WHEREAS, The community of Tigard further commits its resources to ensure the success of the Red Ribbon Campaign; '3tliii> NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tigard does hereby support October 22-28, 1990 as Red Ribbon Week, and ! encourages all its patrons to participate in drug prevention education:' activities, making a visible statement that we are strongly committed to a drug free community. i i BE IT FURTHER RESOLVED, that the City Council of the City of Tigard encourages all its citizens to pledge: MY CHOICE ...DRUG FREE. Y~~e" ~zeee4-1 Mayor, tty of Tigard - ATTEST: " City Recorder, City of TigarcV- COUNCIL AGENDA ITEM: -3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 10/22/90 DATE SUBMITTED: 10/11/90 ISSUE/AGENDA TITLE: Reciprocal Parking PREVIOUS ACTION: none Easement Agreement % d PREPARED BY: Duane Roberts, Adm Plan DEPT HEAD OR CITY ADMIN OR REQUESTED BY: Ed Murphy, CD Dir POLI ISSUE Should the City allow the construction of a private driveway that will connect the Tigard Christian Church and Tigard Senior Center parking lots and also enter into a agreement with the church to share the use of each party's parking facilities. INFORMATION SUMMARY The Tigard Christian Church, located immediately east of the Tigard Senior Center, has requested the City's permission to build a private driveway connecting the Senior Center and church parking lots. According to the site plan submitted by the church, the proposed driveway would be located near the existing stairway between the two properties (see map attached). The church would pay the full cost of the improvement. The church and senior center have been sharing parking and facilities for some years. On Sundays the senior center lot is used for church overflow parking and during special events at the senior center the church lot is used for the same purpose. During the recent remodeling of the senior center the church provided temporary space for senior programs and activities at no charge. In the past the church has used the senior center building for church activities. The purpose of the driveway would be to reduce the inconvenience to the members of each group if their lot is found to be full of having to drive back out on Omara St. and around to the other lot. This is what is taking place at present. The senior center board endorses the proposal to connect the two lots and to continue the shared use arrangement. The City Attorney's office was consulted regarding the need for a joint parking agreement. The answer was affirmative. According to the attorney's office, a formal agreement is needed to prevent the establishment of any adverse right by church use of the senior center parking lot; to limit the scope of the use to the current size of the two parking lots (so that the other party's use of any future expansion of either parking lot would have to be specifically authorized); and to use as a recourse should any problems concerning maintenance arise. A copy of the agreement prepared by the attorney's office is attached. ALTERNATIVES CONSIDERED Not to allow a driveway connecting the church and senior center parking areas and not to enter into a reciprocal parking agreement FISCAL IMPACT The church will pay the full cost of the driveway improvement. Entering into the joint parking agreement would have no fiscal impact in the short term. It is possible to speculate that the steady 3-5% rate of increase in participation in senior activities and services and the proposed increased use of the center for other community activities could result in the future need for additional on-site parking for special and regular events. Should this increased use occur, and should the existing parking reach capacity, the agreement to share parking would lessen the need to build expensive new parking facilities. SUGGESTED ACTION Allow construction of the driveway and authorize the city Administrator to sign the parking agreement. DR/SenSum L l i LOT 0 L~'pIRWAY Ltt~tl4 5~N10R ~ privewaY ~ ~ GETTER ~ ~ 1 _ pRER ~ I ~d - A KE' ~R~KIN6 4 VIES _ _ QRiVEWA. PL,44 ~,jt~i++1B9R. DRIVEWAY f Arr { of PARKy4" 5"f' ARE AP~ROXZMA RECIPROCAL PARKING EASEMENT AGREEMENT nd THIS AGREEME NT 'is effective this•~ _ day of r1r_k0 q_ 1996 by'and aaiong.-the parties whose signatures appear below.. The parties hereto are fee owners '(hereinafter "Owners") 'of the following described real property: 2S1 2DA Tax Lot 701 2S1 2DB Tax Lot 500 Washington County, Oregon Washington County, Oregon Tigard Christian Church Tigard Senior Center 13405 SW Hall Boulevard (City of Tigard, owner) Tigard, Oregon 97223 8815 SW Omara Tigard, Oregon 97223 The parties hereto intend to share the use of the entry driveways, parking areas, a connecting driveway between the parking areas, the construction and grade of which must be approved by the City of Tigard's Engineering Department, and a stairway, as shown on Exhibit "A", to provide pedestrian and vehicular access and parking for events held by either party. 1. Grant of Easement. Each Owner shall have the right to use the other Owner's driveways and parking areas at all times except during events scheduled by the other owner, unless the other owner gives permission for use of -its parking area during such events. Both parties agree to exchange event schedules regularly, and to notify one another of additional special events as they occur, with as much advance notice as possible. 2. Limits of Easement. The privileges granted under this reciprocal agreement are limited to the areas shown on Exhibit E "A" as driveways, parking areas, and the driveway and the stairway connecting the parking areas on the date of this agreement. This agreement is not intended to cover any parking areas or driveways constructed after this date. This x agreement is not intended to cover additional parking demand t created by the expansion of either owner's facility. In the event of such expansion, this agreement may be renegotiated or terminated in accordance with paragraph 8 hereof. 3. Maintenance. Each Owner shall be responsible for the maintenance of its own driveways and parking area, except as provided under section (4) below. Each owner shall contribute to the maintenance and repair of the stairway connecting the parking areas, shown on Exhibit "A", except as provided under section (4) below. s t, ~ ~ I N CON~1'l~~ Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT MOT ~Cn(yo 4. Individual Responsibility. Notwithstanding the provisions of section (3), each Owner is solely responsible for any particular, damage caused to the shared stairway or to the .:privatte driveways and parking areas by. the offending owner, the Owner.'s guests; invitees, or contractors. 5. Indemnification. Each Owner agrees to indemnify and hold the other owner harmless from all claims arising out of the use of the shared stairway and of one Owner's driveway and parking area premises by the other owner, its contractors, agents, guests and invitees. 6. Notice. In the event an Owner causes damage to the stairway or to the private driveways or parking areas, then the owner shall be notified in writing of an assessment for the repair of the stairway, driveway or parking area in need of repair. Such notice shall be provided on behalf of the Owner who has determined that such repairs are needed. Written notice shall be mailed to the owner at the address shown in the introductory paragraph to this agreement. f i 7. Payment of Assessment. If an Owner is unable, unwilling or refuses to comply with a written demand for payment of the i assessment within thirty (30) days of written notice to the Owner, or the owners cannot agree to a mutually acceptable solution within thirty (30) days of written notice to the Owner, then the remaining owner shall have the right to do either or both of the following: i (a) Assess that Owner for the cost of the work done; and the remaining owner shall have a lien upon the nonperforming owner's real property for the cost of said repair, which lien shall be subordinate to any prior recorded mortgage, trust deed or. land sale contract; and (b) Bring suit or action against that Owner to enforce r collection of the assessment. In the event such suit or action is brought to collect an assessment or otherwise enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as awarded by the court at trial or on appeal. 8. Duration and Termination of Agreement. This Agreement and the obligations hereunder shall exist in perpetuity, unless terminated by mutual agreement or upon 90 days' written notice of termination by either party or unless all or a substantial part of the easement area is acquired by or dedicated to a municipal authority for public use. Both the benefit and burden of the Agreement shall be appurtenant to and run with the parcels described above. t Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT I 9. Successors and Assigns. Both the burden and the benefit of this Agreement shall extend to the heirs, successors and assigns.of all parties .hereto, and shall run with the land.. --.'subject 'subject 'tb ' .this. agreement. - It* j,§ the intent - of ' the parties. hereto- to create a .continuing `obligation on* the part of .each, s landowner,. present or future, including any additional Owners ; resulting from any further.division•of the existing parcels: ' c DATED this. o;a na day of Ocko 1990. h R CITY OF IGARD TIGARD CHRISTIAN CHURCH By. - ' By: khllz 5_ Re; t t1 Adrnt n fs o r Print Name & Title Print Name & Title ri STATE OF OREGON ) I ss. County of This instrument was acknowledged before me on as ~ 1990 by CA~I`I(/J.ReAw'l , .as c I ~6 f the City of F' (T' le) r. Tigard,.,,,Oregon. [NOTARIAL SEAL] OTARY PUBLIC FOR O GON ) My Commission Expire z ` Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT y STATE OF OREGON ) County of ) This' instrument Vais• acknowledged before' me on ; 1990 by ; as of the Tigard (Title) Christian Church. (NOTARIAL SEAL] NOTARY PUBLIC FOR OREGON My Commission Expires: r.\oree%Wemovkme\sencemdX AFTER RECORDING, RETURN TO: NO CHANGES IN TAX STATEMENTS Kenneth M. Elliott O'Donnell, Ramis, Crew & Corrigan 1727 NW Hoyt Street Portland, OR 97209 s 1 F f 4 C Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT 4 COUNCIL AGENDA ITEM 3.3 9 f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1990 DATE SUBMITTED: October 11, 1990 ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION: for Right-of-Way c isition for ~r McDonald Street P o'ect / PREPARED BY: Gary Alfson, Transv. Ena. DEPT HEAD OK CITY ADMIN OK / REQUESTED BY: POLICY ISSUE Acquisition of right-of-way and easements for the McDonald Street project. r ____=====x====J==x====a==========C=C6C=====cc=====_=====s====x====x =.-...====x====S f INFORMATION SUMMARY i Right-of-way and easements are needed in order to construct the proposed street improvements on McDonald Street. As has been done with other street projects, staff is requesting that the Council formally authorize the acquisition of the right-of-way and easements by adoption of the attached resolution. ALTERNATIVES CONSIDERED C 1. Adopt the attached resolution authorizing acquisition of right-of-way. 2. Withhold authorization. FISCAL IMPACT All costs of the McDonald Street project are funded by the Major Streets r Traffic Safety Improvement Bond. t~ t'- SUGGESTED ACTION Adoption of the attached resolution. dj/ss-mcd.GA C. In Y u{ [.r COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22. 1990 DATE SUBMITTED: October 11, 1990 ISSUE/AGENDA TITLE: Consider a PREVIOUS ACTION: Resolution O osin Ballot Measure PREPARED BY: Patrick Reilly DEPT HEAD OK CITY ADMIN O REQUESTED BY: POLICY ISSUE Should the Council take a formal position on Ballot Measure No. 5 which will appear on the November 6, 1990 general election ballot? Said measure proposes a Constitutional amendment changing the current property tax system. INFORMATION SUMMARY Attached is a resolution which opposes Ballot Measure No. 5. ALTERNATIVES CONSIDERED 1. Approve the resolution. FISCAL IMPACT SUGGESTED ACTION Staff recommends adoption of the attached resolution. sumbal5 COUNCIL AGENDA ITEM S CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1990 DATE SUBMITTED: 10/11/90 ISSUE/AGENDA TITLE: Triad, Site PREVIOUS ACTION: Planning Commission Development Review/Planned Develop- approval sub ect to condition ment SDR 90-04 PDR 90-02 / PREPARED BY: Keith Liden DEPT HEAD QJQLDITY ADMIN 0)( Z~YUI REQUESTED BY: L-` POLICY ISSUE Should portions of 109th Avenue be closed to through traffic? INFORMATION SUMMARY The Planning Commission approved of the above application on September 4, 1990 and this decision was subsequently appealed by NPO #6. The following memo summarizes the events leading to the Council's second review of this application and introduces the exhibits found in this packet. ALTERNATIVES CONSIDERED 1. Uphold the Commission's decision and direct staff to prepare a corresponding resolution. 2. Modify the Commission's decision and direct staff to prepare a corresponding resolution 3. Deny the development request and direct staff to prepare a corresponding resolution. Should the Council choose to deny the request, it should base the denial on Comprehensive Plan policies and Development Code standards. Please refer to the attached memo for a discussion of these alternatives. SUGGESTED ACTION If the Council chooses to approve one of the two design alternatives submitted by the applicant, staff recommends the alternative that would keep 109th Avenue open at both ends, south and north. The staff should be directed to prepare a corresponding resolution for any final decision made by the Council. SDR90-04.SUM/kl MEMORANDUM TO: Ed Murphy, Community Development Dept. Director FROM: Keith Liden, Senior Planner kl- RE: SDR 90-04 Triad Development DATE: October 15, 1990 On May 8, 1990, the Planning Commission approved the above application for a 364 unit apartment complex subject to conditions. These conditions included the required closure of 109th Avenue near the northeast corner of the project and immediately south of Naeve Street. The City Council reviewed this decision on June 25, 1990 and decided to remand the application for further consideration because of what the Council viewed as unresolved transportation issues (see attached minutes Exhibit "A"). Following the hearing, the staff and the applicant discussed a number of options for addressing the concerns expressed by the Council and the public. Based upon these discussions and additional information, the staff wrote a letter to Ronald Kampe, the applicant's engineer, expressing its position regarding the amendments that should be considered prior to a second hearing with the Planning Commission (see Exhibit "B"). On September 4, 1990, the Planning Commission approved the application which featured a revised street design for 109th Avenue and Naeve Street. The applicant submitted two alternatives relating to the design of 109th Avenue and Naeve Street. One featured an emergency access south of Naeve Street to 109th Avenue and the second allowed public access to the north and south on 109th Avenue. The staff recommended approval of the second alternative because it was viewed to be the most consistent with the Comprehensive Plan. Excerpts of the relevant findings from the staff report are attached (Exhibit "C"). The Commission considered the information provided in the applicant's traffic analysis provided by Kittleson and Assoc. (Exhibit "D"). The Commission found that the closure of 109th Avenue immediately south of Naeve Street and near the northeast corner of the project for through traffic was appropriate. An emergency access connection was required to link these two portions of 109th Avenue. The Commission position on this matter is noted in the minutes of the hearing (Exhibit "E") and Final order 90-22 PC (Exhibit "F"). NPO #6 has appealed this decision for seven reasons which are listed in Exhibit "G". The issues noted all are related to street design and access. On October 11, 1990, the Transportation Committee reviewed the proposal and recommended that 109th Avenue and Naeve Street remain open and that traffic control devices be used to minimize traffic impacts upon local residential streets. Blueprints of the site plan for the apartment complex, the emergency access option between 109th Avenue and Naeve Street approved by Planning Commission, and the standard intersection option recommended for approval by the staff are attached as Exhibit "H". The additional time spent to review this proposal has not resulted in reaching x a consensus among the applicant, residents in the area, the staff, and the Planning Commission. As a result, the staff anticipates that the Council will hear recommendations on October 22nd which will vary widely between different individuals or interest groups. The City Council has three basic approaches it may take in making a decision. 1. Uphold the Planning Commission decision The findings have been prepared to support this decision. The Council will need to determine whether the findings noted in the final order (Bahibit 'F') are adequate or need further amendments to clearly justify the decision. One issue that will, in the opinion of staff, need further research is determining whether the creation of an emergency access between 109th Avenue and Naeve Street constitutes a street closure. 2. Modify the Planning Commission decision The decision could be revised with corresponding findings written to support the amendments. For example, if the staff recommendation for having 109th Avenue open to the public, the findings in Exhibit "C" could be employed. 3. Require additional alternatives The Council could reject the two alternatives being considered and require that other options be formulated. This could be done by denying or tabling the proposal and requiring the applicant to file a revised plan(s). If the application is denied, the Council must draft findings, as required by Section 18.32.250 of the Community Development Code (CDC), explaining why the proposal is not consistent with applicable Comprehensive Plan policies and CDC standards. It is important that a clear line of reasoning is presented in the findings of the decision. This is of particular importance if the Council's final order is appealed to LUBA. These findings would include (but not be necessarily limited to) the following items: a. Plan Policy 8.1.1 - Safe and efficient street system b. Plan Policy 8.1.3 - Street improvements in conjunction with development C. CDC Chapter 18.134 - Variance criteria for exceeding maximum street grade of 12% With the exception of the extension of Beef Bend Road, the street designs proposed have primarily been located within existing street rights-of-way. If the Council finds that the two options presented are not consistent with any of the above criteria or other standards, it is likely that further alternatives will necessitate street alignments which are not within existing street rights-of-way. The Comprehensive Plan and associated Transportation Map do not require the City to keep 109th Avenue or Naeve Street in their present alignment. It is important however, that design and function of Naeve Street t remain consistent with its minor collector Plan designation. SDR 90-04.SUM/kl k * K :y a . ~.q r titGIWAY ♦ • et FM l tlf FY ~ /tN\ \ f>< tNt i0V" pRpp,IMVK, Kv~ r*i .je A,~~` Q p-0 ❑LD O , a V'K O0 FOL. ; ♦ • s.+ S ~ E ~"p R EFNO N,ll CONOOM,MWMS P ~ `'1 •h i ML i ~~~11 A ! Fv[ ON. ~ P ~ M E t~ ,Olra IDt,R s ~ e• ' ►F FV, p 'R h ~Op ~N F b 7 we t D '•M `004. ~ RD t.. ~ P K E ~ F i ~ Mt s ,M c H 1/).J ~ y n M CT. R, * `C ! t • aR Nl 4 per' .a GM,>t yt. .ERLNF ~C n n r , ~ t+ ,;*11 i in • a 4 L P i ( Motion by Councilor Kasten, seconded by Councilor Schwartz to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. 5. APPEAL PUBLIC HEARING - SITE DEVELOPMENT REVIEW SDR 90-0004 PLANNED DEVELOPMENT PDR 90-0002 TRIAD NPO #6 An appeal of a Planning Commission decision for Site Development Review and detailed Planned Development approval of E a 364-unit apartment complex on a 27.2 acre property. r a. Public hearing was opened. b. Declarations or challenges: none. C. Senior Planner Liden briefly reviewed the Planning commission decision. On May 8, 1990, the Planning commission approved the above application for a 364-unit apartment complex subject to conditions. The commission also required the closure of 109th Avenue immediately south of Naeve Street and near the northeast corner of the project. The City Council decided to review the Commission decision on June 25th, particularly in relation to the street closure issue. This date was chosen to allow adequate time for affected agencies and the NPOs to offer additional comments regarding traffic circulation and street closure issues. Also received was an appeal of the Planning Commission's decision by an abutting property owner to the north. The appellant indicates that since new information was introduced at the commission hearing, ORS 197.763 requires that the hearing be continued for a period of at least seven days prior to the commission making a decision. Contained in the Council packet was the following information: - Copy of vicinity map and transportation map - Staff memo reviewing the background of this case - Letters from King City and Fire District - Letter from Covenant Development Corporation - Final Order No. 90-11 PC - Petition from residents on 109th - Letter from Bill and Jean Lindsay - Comments from NPO #6 - Letter from Lyle Nicholson - Appeal letter Larry Derr (attorney for Helmut Kiffman ) CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 3 Copy of Site Plan d. Public Testimony Proponent: o Sue Carver, 10155 S.W. Hoodview Tigard, OR 97224, NPO #6 Chairman, discussed a motion passed by NPO #6. She outlined three points the NPO feels are necessary for good traffic flow: (1) leave 109th closed, (2) eliminate three proposed accesses to 109th, and (3) build new access to 99W through N.W. corner of the development. The NPO recommends that the principle access to the development be placed in the N.W. corner where 99W meets Beef Bend Road. The NPO further suggests tabling the application to allow for more input from the residents in the surrounding neighborhoods. o Ken Cheeley, 15390 S.W. Alderbrook Court, Tigard, represents the Summerfield Civic Association. He explained the community of Summerfield opposes opening 109th because of the anticipated detrimental traffic impact on the safety of the streets. o Howard Graham, 9410 S.W. Lakeside Drive, Summerfield, is on the Board of Directors for f~ Summerfield. He expressed concerns about the proposed high-density housing on the boundary of Summerfield and the traffic impact on the community. He indicated tentative endorsement for either of two plans that block off the traffic from coming into Summerfield. He said he would favor any plan which prevents traffic from the Triad Development from passing through Summerfield. o Georgina Allen, 10230 S. W. Highland Drive, Tigard, OR 97224, (resident of Summerfield) expressed concern that higher traffic levels would bring about unsafe conditions for Summerfield's senior citizens. She advised that approximately 19% of Tigard's senior citizens live in Summerfield (approximately 2,000 senior citizens). She added that there are 200 golf carts which are licensed to drive on their community streets. She said the proposed Triad complex would be the largest apartment complex in Tigard, and will greatly impact all of the surrounding neighborhoods, especially Summerfield. She further affirmed the blocking Naeve Road and S.W. 109th are imperative to Summerfield in the event this apartment complex ( is built. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 4 o Richard Watson, 10290 S.W. Highland Drive, Tigard, stated his opposition to the Triad apartment complex unless 109th Street is closed to protect Summerfield. He said this project would be in noncompliance with the standards of the Tigard Comprehensive Plan, Volume 2, if Summerfield is not protected from traffic impact. The increased traffic impact would cause a diminution in the quality of life for the community of Summerfield. He advised he would support the applicant's revised plan which prohibits the dramatic traffic increase on Highland Drive by means of a cul-de- sac on 109th Street. o Farrand Livingston, 10350 S.W. Kable Street, spoke on behalf of himself and his wife. He commented on the traffic problems on Pacific Highway and Durham Road, which are already severe. He expressed concern that the Triad apartment complex would only add to the traffic problem. He asked Council to look ahead at future development to the east of Summerfield, advising that a new traffic problem will occur in future developments, if traffic patterns allow cutting through quiet neighborhoods to avoid Pacific Highway. o Marge Davenport, 15100 S.W. 109th, advised that the people who live in her neighborhood are senior citizens. She stated that 109th Street is very steep. She would like to see the street remain closed to maintain safety. She suggested the apartment complex have exits at top to Canterbury and exit onto 99 W. She further suggested putting an emergency exit on 109th with a gate for the Fire Department to use in emergencies only. o Steve Abel, attorney representing Bernard McPhillips, discussed the traffic issues concerning 109th Street. He advised that Mr. McPhillips was in favor of leaving S.W. 109th closed at the top as well as closing the area below at the Summerfield location. He stated that Tigard's Comprehensive Plan calls for the designation of a local street. As a local street, S.W. 109th is dedicated to provide direct access to abutting properties and allow traffic movement in a neighborhood. The Comprehensive Plan defines local streets as those having 0 - 1500 vehicles per day, as well as speeds of 10 to 25 miles per hour. He said opening S.W. 109th would cause it to become a major CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 5 collector and, thus, create the need for a Comprehensive Plan Amendment. He said the grade on 109th is 15 - 17% and exceeds the engineering code criteria for development of streets whether they be major or minor collectors. He discussed locational criteria for apartment buildings, noting there should be access to major collectors or arterial streets. He further advised that access from the apartment complex should be to 99W. Opponents: f o Betty Peck, 11000 S.W. Naeve Street, expressed her r opposition to closing S.W. 109th at the bottom of the hill. She spoke about the 1974 County plan allowing traffic to flow to I-5 and Durham Road. She said she favors leaving S.W. 109th as it is now to allow easy access east and west out of her neighborhood. o Cal Woolery, 12356 S.W. 132nd Court, Chairman of CPO #4, suggested the need for a transportation study dealing with King City and the adjacent unincorporated areas. He favored creating an alternative route for entrance and exit from the Triad apartment complex at Beef Bend Road and Highway 99. o Stephen McShane, Mayor of King City, compared the Triad project with the Riverwood Heights development immediately south of King City. He noted some similarities between this 240-unit project and the Triad apartment complex. He said there was much community participation during the planning of Riverwood. As a result, the developer was required to provide improvements to Fischer Road making a T-intersection with 99W and had to provide traffic signals at the new intersection. This allowed the new development immediate access to the major arterial in the area. He explained King City favors locating the principle entrance and exit from the Triad complex at the Beef Bend Road intersection, rather than pushing the new traffic volume of the Triad area onto 99W at Naeve Road. He further stated the developer has not given the Beef Bend Road option adequate study. King City also urges further study of the street development on the south side of Bull Mountain. ` CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 6 9V o Beverly Froude, 12200 S.W. Bull Mountain Road, said the zoning designations have moved from R-4 to R- 12 and R-25 without a corresponding traffic management plan. She requested denial of the subdivision or remand to City staff for further study of transportation needs. o Art Greco, 10634 S.W. Cook, Pastor of the Covenant Church, represents the Covenant Development Corporation. Expressed the desire to work with the City and with Triad to develop a way to extend the Beef Bend Road as the primary access from the development, with safety as the main concern. o Larry Derr, representing the property owners north of the proposed Triad complex, agrees with previous testimony about the need for traffic study in the area. He favored following the guidelines set forth by the Comprehensive Plan. He opposed the Planning Commission decision approving the Triad Development. o Greg Weston, of Kampe Associates, a Civil Engineering and Surveying firm in Lake Oswego, stated he represented Triad Development at the Planning Commission. He said his firm designed the project which meets both the development code and the Comprehensive Plan. He discussed the access and egress from the project site, stating staff reviewed the submittal and approved it as satisfying all requirements of Chapter 18.108. He requested approval of the project. He clarified the proposal did not include street closures. He offered to have the project architect speak concerning the design of the project. He discussed various options for dealing with the traffic issue. o Dan Seaman is an associate with Kittleson and Associates, a traffic engineering firm at 512 SW Broadway. He said his firm prepared the traffic study for this project; he presented overhead slides showing the site plan. He described the study methodology used in the traffic study which included studying and evaluating existing conditions as well as future traffic impact from the proposed development and additional future developments. He answered questions from Councilor Eadon concerning the traffic pattern where Naeve intersects with Pacific Highway. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 7 f, s o Paul Norr, 808 S.W. Alder, Portland, advised he was the attorney representing the applicant. He reiterated the project complied with the zoning code and Comprehensive Plan. He reviewed the Planning commission's approval of the project, and noted that the commission placed the condition of closure of S.W. 109th. e. Recommendation by staff: Community Development Director gave a brief synopsis of the options available. He recommended against closing S.W. 109th, because this does not appear to meet the Comprehensive Plan policies regarding creating a safe and efficient transportation system. He said the second option of leaving S.W. 109th open at both ends could violate some of the Comprehensive Plan policies. The third alternative is to approve some other option; however, since the full impact of those options has not been studied, he recommended voting against this approach. The fourth option is to deny the proposal and have the developer submit a new proposal with a direct access onto Pacific Highway at Beef Bend Road. This fourth option is considered by staff as the best approach. Community Development Director referred to the Comprehensive Plan locational criteria (12.1, 12.2, and 12.3), which basically requires direct access from a major collector or arterial street to be provided to medium-high density residential. Staff does not feel that those Comprehensive Plan policies have been met, and more studies are needed. He pointed out that a decision must be made within 120 days of the date the completed application was made, March 21, 1990. He recommended either asking the developer for an extension of 120 days, to allow further study, or deny the application. Councilor Schwartz brought up concerns about future development of properties to the north, south, and east. He disagreed with the suggestion that bringing S.W. 109th to a grade of 15% would be a safe choice. He favors studying the traffic issue further and including longer range projections. Councilor Kasten agreed with Councilor Schwartz concerning transportation, safety, and planning. He is in favor of studying these issues before deciding the matter. CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 8 r Councilor Eadon noted her agreement with Councilors Schwartz and Kasten with regard to the transportation and safety issues. Because of her concerns, she noted that her position was for denial application and she would not support the Planning commission decision. f. Public hearing was closed. g. Consideration by Council: Mayor Edwards commented on the needs and desires of the residents of Tigard and Summerfield. He affirmed the need to study and implement improvements in the transportation system serving the area. Taking into account recommendations by the State, Police Department, and Fire Department, he concluded that there were two options: 1) Table the application for further consideration, or 2) Send it back to the Planning commission for a complete review. Legal Counsel discussed the 120-day time limitation stating that no waiver had been received from the applicant, and referral back to the Planning Commission or tabling the item would place the City in jeopardy of violating the time limit. l._ Paul Norr, attorney for the applicant, indicated willingness to waive the 120-day requirement to keep the proposal alive. Motion by Councilor Kasten, seconded by Councilor Schwartz, to remand the proposal to staff for further study. Motion passed by a majority of Council present; Councilor Eadon voted "Nay." Council recessed at 10:13 p.m. Council reconvened at 10:25 p.m. 5. PUBLIC HEARING - PALMER ACRES STREET VACATION Consideration of a proposed vacation of portions of two undeveloped street rights-of-way located to the north and west of Palmer Acres Subdivision which is located south and east of Pacific Highway and Highway 217. The request was initiated by the City Council on May 14, 1990, at the request of Western Investment Company. a. Public hearing was opened. i CITY COUNCIL MEETING MINUTES - JUNE 25, 1990 - PAGE 9 July 19, 1990 RD Ronald C. Kampe, P.E. CITYO T'FA Kampe Associates, Inc. ®~~G~±®~ 3681 SW Carman Drive Lake Oswego, OR 97035 Re: Proposed Triad development This letter is to clarify the position of the Engineering Department related to the proposed Triad development -t Naeve Street and 109th Avenue. Recently, your firm and Rittleson Associates have provided additional traffic engineering and roadway design data to allow the City and ODOT to better evaluate alternatives available for access to Highway 99W. Based on data provided, Lee Gunderson of ODOT is now prepared to take a clear position regarding access to the highway. As a result of this input, our position is revised somewhat. OUR POSITION Our position on the proposed development will now be as follows: s. Construction of an extension of Beef Bend Road east of Highway 99W is feasible but would require a steep grade with extensive cuts and curves. 2. Based on the traffic analysis provided by Rittleson and reviewed by ODOT, it appears that a signalized intersection of 99W at Naeve. Street would not cause any greater traffic delays than would the intersection modifications associated with an eastward extension of Beef Bend Road. 3. Therefore, Naeve street is the preferred access route for the Triad development and the undeveloped properties to the east. 4. Any proposal must maintain emergency vehicle access between 109th Avenue at Canterbury Lane and 109th Avenue at Highland Drive. Access via closed gates is not acceptable. 5. Any proposal must be designed to discourage through traffic from the Triad development in the Summerfield area. This will surely require reconfiguration of the existing 109th/Naeve intersection. Driveway accesses should be designed to encourage traffic from Triad's development to use 99W and to discourage use of 109th. Triad should be encouraged to consider realignment of existing streets as a way to discourage through traffic on 109th. 6. Any proposal submitted must demonstrate compliance with City design standards or provide support for a variance from design standards. 1 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 DISCUSSION Earlier this year we requested that Triad consider a Beef Bend Road extension, either as a public street or as a private access, as an alternative in its traffic analysis. This data has now been provided. Lee Gunderson has defined ODOT's position based on the additional data received. My understanding of Lee's position is as follows: 1. From the standpoint of traffic operations on 99W, the impacts of using Naeve Street as the primary access point are about the same as the impacts of extending Beef Bend Road as the primary access to the Triad development and adjoining areas. 2. Either Naeve Street or a Beef Bend Road extension, but not both, would be acceptable as a neighborhood collector street. If Beef Bend Road were extended, it would be necessary to close the median on 99W, so that only right turns would be allowed in and out of Naeve Street at 99W. 3. An extension of Beef Bend would require a steep approach grade to 99W and a series of low-speed curves. ODOT would require a flat landing area on the approach to 99W, longer than shown in the profiles suggested earlier by the City. This would result in significant cut slopes, including rock excavation, for the road extension. There are also concerns that the steep and curved approach to a signalized intersection would cause problems in icy weather. 4. For these reasons, ODOT prefers to keep Naeve Street as the approach street to 99W. i We have had extensive discussions with the Police Chief and the Fire Marshall's office regarding emergency access to the area. From these discussions, it is ' clear that emergency vehicle access must be maintained between the 109th/Canterbury area and the 109th/Highland area. This is necessary in order to maintain adequate emergency vehicle access to both Little Bull Mountain and the Summerfield area. Due to existing development and topography, there is no alternative north/south emergency access in the area between 99W and 98th Avenue; therefore, closure of 109th would be unacceptable. The access route need not be a direct connection. However, the access route must-be readily negotiable by both fire trucks and police cars. Gates or barriers are not acceptable. Clearly, from the past hearings, a major neighborhood concern is that the traffic from the proposed development not significantly impact the existing neighborhood streets. Any design must address this concern. As we discussed, this probably means elimination of direct driveway access to 109th Avenue, reconfiguration of the 109th/Naeve intersection, and some type of realignment of the existing streets to make it less attractive for drivers to use the streets of Summerfield and the future extensions of Kable Street and Hoodview Drive. Keith Liden of our Planning staff has indicated to Ross Woods that it will be possible to schedule this item for Planning Commission as soon as August 21, t'. 2 1990. However, it is important to understand that the staff must receive the revised plans three to four weeks Prior to the Commission hearing to allow for adequate'review by affected agencies and to meet legal notice requirements. In order for this second review to proceed smoothly, it is imperative that the Fire District, Police Department, King City, ODOT, Summerfield, NPO 6, CPO 4 Bull Mountain, and the individuals who presented concerns at the previous hearings be given an opportunity to review the amended plan before it is presented to the Planning Commission. I also urge you to work with these interest groups before the amended plans are submitted to the staff for processing. Time spent before the hearing will reduce the likelihood of further appeals. We remain willing to work with both developers and the neighborhoods to explore alternatives. Significant changes to the Triad proposal are needed in order to meet all of the goals described above. S~incerely,/ /J Randall R. Wooley City Engineer e. Ross Woods, Triad Lee Gunderson, ODOT Robert Larson, Covenant Church Cal Woolery, CPO #4 Bev Froude, NPO #3 Sue Carver, NPO #6 Summerfield Civic ssociation Planning file i t t rw/triad2 t r t t t 's 3 y s 6X s Cis ~ eK ITA Fr ec- PO CT To 4p" rJ N a 6 M . U&A" W& 011414 - SW 109th Avenue and that the access must have signs stating "For Emergency Vehicles Only". ;i No other comments from reviewing agencies have been received. Comments regarding this application from individuals have been provided to the Commission. i 8. ANALYSIS 1 -25 and R-12 Zoning Districts Mult family residential use of the site is a permitted use in both the R- 25 and -12 Zoning Districts. 96 dwelling units are proposed on area that provides opportunity for approximately 101 units in the area of the site designated th the R-25 zone. 268 dwelling units are proposed on area that provides maximum opportunity for 270 dwelling units on the portion of this site tha is designated with the R-12 zone. The applicant's density calculatio are noted on sheet A100 of the proposed site plan. Proposed site improv nts comply with both the R-12 and R-25 district requirements for building ight (45 foot maximum allowed; 35 foot maximum height proposed), lot cov age (maximum allowed site coverage of 80 i percent; proposed site coverage of less than 50 percent), and landscaped area (minimum landscape coverage 20 percent; proposed landscape coverage of greater than 50 percent). Al proposed building locations satisfy i minimum building setback requirement except for proposed building M along SW 109th Avenue which intrudes slightly into the required 20 foot corner yard setback. Revisions should be mad to the site plan to place this building in conformity with the setback etan ard. Site Development Review The proposal complies with Community Development Cod Chapter 18.120 Site Development Review standards for provision of pri to outdoor areas (balconies), shared recreation facilities, (swimming ol, recreation center, pathways), screening of service facilities multi-family residential building separation, and design offsets along building faces. Dwelling units and the recreation center have been situated oward the interior of the site so as to reduce possible noise impacts on ne hboring properties and to increase visual privacy between adjacent uses. Reasonable care has been taken to preserve a number of mature trees on the site as shown on the grading plan. Other Site Development Review standar related to other community Development Code standards are reviewed below. Access and Circulation/Roadway Improvements The proposal satisfies Community Development Code Chapter 18.108 standards for internal roadway widths (minimum width of 24 feet), number of access points (5 required; 5 provided),and pedestrian circulation. In addition, the proposed roadway system will provide good emergency vehicle access and ( maneuverability through the site despite the site's steep grade. STAFF REPORT - PDR 90-0002/SDR 90-0004 - TRIAD Page 10 X11, N~,~ ` f)III` ii I While staff agrees with the NPO that primary access to this site from i Pacific Highway would be preferable to the proposed plan with respect to reducing impacts upon local streets and adjacent uses, the plan does provide for the primary access to be on SW Naeve Street, a minor collector street, a short distance from its intersection with Pacific Highway, an arterial, and thus provides an adequate and safe access. The Comprehensive Plan's locational criteria for Medium Density Residential and Medium-High Density Residential Plan designations with regard to access to collector streets and arterials are used for determining how properties are to be designated. for future use and are not intended to be determinative of where all accesses for a development are to be placed. To require all five required accesses for this development to be located on i its collector street and arterial frontages would result in poor internal circulation, inadequate emergency vehicle access, and possible traffic safety problems on SW Naeve Street because of the number of locations where vehicles would-be making turning movements. If the Commission acts to limit the. number of accesses to the proposed development, as the NPO recommends, the Commission should look at the possible effects of its directive on internal circulation, emergency vehicle access, and overloading remaining driveways with too much traffic. is Based.upon the comments received, the Planning Division recommends that SW I 109th Avenue be.. opened to the north and that a standard street Intersection, as depicted in the applicant's second alternative, for SW i 109th Avenue and SW Naeve Street be approved. This is supported by the expressed need of the Police Department and Fire District for adequate emergency access within neighborhoods and for providing vehicular and pedestrian access between neighborhoods. Also, the permanent closure of SW 109th Avenue would create a dead-end street that is far in excess of the 400 foot length allowed by the Community Development Code.. The restriction of access between the area north of SW Naeve Street and Summerfield will create a situation where local north-south access shall not exist between SW Pacific Highway and SW 98th Avenue - a distance of approximately two-thirds of a mile. k f The site p rovides for an appropriate number of parking spaces for a 364 unit apartme development (594 parking spaces required; 701 parking spaces provided), c red parking spaces (364 covered parking spaces required; 368 spaces prov , and allowable compact to total required parking space distribution. he site plan appropriately designates 14 handicapped accessible parking space that are distributed throughout the site (a minimum of 14 designated ha capped accessible spaces are required). It is recommended that several of ese designated handicapped parking spaces be located under cover to be serve the needs of handicapped residents of the proposed development and h icapped visitors. Landscaping STAFF REPORT - PDR 90-0002/SDR 90-0004 - TRIAD Page 11 8.114, 18.120, 18.150, and 18.164. (Source: Planned Development Approval S ndard Code Section 18.80.120 and Site Development Review Approval Sta ards s --Code Section 18.120.180). The P ning Division has determined that the proposal, with minor modifica ons that should be required to be made prior to building permit issuance, is consistent with applicable portions of the Tigard Comprehensi Plan based upon the following findings: 1. Policy 2. 1 is satisfied because the NPO, CPO, and affected agencies have been n tified of this proposal and given an opportunity to comment. 2. Policy 3.1.1 i met because the portion of the property which has slopes over 25% i to remain in its natural state. 3. Policy 3.4.2 is sati ied because wooded sites such as this are to be reviewed through the P ed Development process. 4. Policy 6.1.1 is satisfied ecause the City is obligated to provide for a variety of housing types d rent levels. This multi-family project will add to that. diversi in a community that is predominantly developed with single family r idences at lower densities. 5. The preliminary-landscaping plan atisfies Policy 6.6.1 by providing suitable building .setbacks and la soaping between this project and the properties designated for single family -development on the east aide of SW 109th Avenue. All o er properties in the immediate vicinity are designated for multi-family se. 6. Policy 7.1.2 is met because adequate public ater, sanitary sewer, and storm sewer facilities are or will• -be made vailable to the project- and will-be constructed to City and Tigard Wate District standards. 7. In order to satisfy Policy 7.2.1, the applicant w 1, as a condition of approval, provide an appropriately engineered pl for disposing of storm water runoff from the site in a manner that wi 1 not adversely affect any downstream property owners or jurisdictions. 8. Policy 7.4.4 is met because the entire apartment comp x shall be i connected to the public sanitary sewer system. j ,I 9. Policies 7.5.1, 7.5.2, and 7.6.1 have been satisfied beca a the Tigard Police Department and the Tualatin Valley Fire District have been involved in the review of this application and have offered comments that been incorporated into this report. 10. Policy 8.1.1 calls for the provision of a safe and efficient street system that meets current needs and anticipated future growth and development. This policy is satisfied because: 'a. The main driveway entrance to the development is on SW Naeve STAFF REPORT - PDR 90-0002/SDR 90-0004 - TRIAD Page 13 i I Street which is a minor collector street intended to accommodate this volume of traffic. Secondary access is provided onto SW 109th Avenue, a local street which will in turn direct traffic from the development north to SW Canterbury Lane, a minor collector, or south to SW Naeve Street. As indicated in the applicant's traffic report, some traffic will travel south of SW Naeve Street on SW 109th'Avenue. However, the anticipated volume of traffic is within acceptable standards for a local street. b. The applicant will be responsible for the construction of street improvements along the frontage of the development to City standards with the exception of the maximum street grade for SW 109th Avenue which is justified in the variance section of this report. i r C. The design of the standard street intersection for SW 109th Avenue and SW Naeve Street is the best option for joining the two streets by providing an appropriate transition and site distance. d. The proposed emergency access between SW Naeve Street and the southern segment of SW 109th Avenue is not consistent with this policy because it would create a dead-end street which exceeds the maximum of 400 feet required by the Community Development Code and local neighborhood access in a north-south direction will not be possible between SW Pacific Highway and SW 98th _ Avenue. Also, the purpose of a minor collector street (Naeve Street) is to provide a linkage between neighborhood streets and major through streets (Pacific Highway). Closing the connection of SW 109th Avenue from SW Naeve is contrary to this purpose. 11. Policy 8.1.2 is satisfied because the State Highway Division and the Washington County Department of Land Use-and Transportation have been involved in the review of the transportation issues pertaining to this application. 12. The conditions of approval for this project will ensure that Policy 8.1.3 is satisfied because: a. The development abuts two public streets and five driveway accesses, as required by the Community Development code, will be provided to distribute traffic entering public streets from the proposed development. b. Sufficient street right-of-way shall be dedicated as a condition of approval along SW 109th Avenue and SW Naeve Street. C. The applicant will be responsible for the improvement of SW 109th Avenue, SW Naeve Street, and SW Pacific Highway in a manner that is consistent with City and State standards, with exception of the street grade of SW 109th Avenue. However, this variance is found to be justified as noted in this report. Also, an interim street improvement will be provided between the property STAFF REPORT - PDR 90-0002/SDR 90-0004 - TRIAD Page 14 t I ii and SW Pacific Highway. d. The applicant has indicated a willingness to participate in the installation of a traffic signal at the SW Naeve Street and SW Pacific Highway intersection. As indicated in the comments from the Engineering Department, the State Highway Division has not determined whether a signal should be installed at this time. e. Due to the location of the project, a bus turnout is not necessary. f. Parking spaces for disabled persons will be provided as required by City and state standards. g. The property is not affected by the adopted bicycle/pedestrian plan for the 'City. Planning Division has determined that the proposal; with minor mod ications which should be required to be made prior to building permit issu e, is consistent with applicable portions of the Community Develo t Code based upon the following findings: 1. Chapter 8.54 (R-12 Zone) is satisfied because the proposal conforms with use, ensity, and applicable dimensional requirements of the R-12 zone with th exception of the corner yard setback intrusion of proposed buil g M. The site plan should be revised to locate that building in conf ity with the corner yard setback requirement. 2. Chapter 18.56 (R-25 e) is satisfied because the proposal conforms with use, density, and plicable dimensional requirements of the R-25 zone applied to the weste portion of Tax Lot 200. 3. Chapter 18.80 (Planned Develo ent) is satisfied because the proposal is to be reviewed by the nning Commission as required by the provisions of the Planned Developm t overlay zone. 4. Chapter 18.92 (Density computations) satisfied because the site plan provides an appropriate calculatio of the permitted number of housing units for the site and the propose development would provide fewer than the allowed number of dwelling uni 5. Chapter 18.96 (Additional Yard Setback Requiremen and Exceptions) is satisfied because the site plan provides for ap opriate distances between multi-family residential buildings so as to a ure privacy to residents and to also provide adequate light to all unit . 6. Chapter 18.100 (Landscaping and Screening) is satisfied be use plans for tree retention and added landscaping satisfy Code re 'rements for minimum site area landscaping, street trees, perimeter bu ering, and vision clearance at intersections. The site plan should, ho ever, be revised to retain additional existing mature trees in areas that do C, not need to be disturbed to accommodate the proposed buildings and STAFF REPORT - PDR 90-0002/SDR 90-0004 - TRIAD Page 15 TRANSPORTATION IMPACT ANALYSIS TI AR APARTMENTS C_ Tigard, Oregon K KITTELSON & ASSOCIATES, INC. February 1990 TRAFFIC IMPACT ANALYSIS for the TIGARD APARTMENTS Developer: Triad Development Inc. Prepared by Kittelson & Associates, Inc. 512 SW Broadway, Suite 220 Portland, Oregon 97205 (503) 228-5230 February 1990 RECEIVE": Project No.: 322.00 _ FEP3 G J 1 '9 Ac,50C.. RI C. - I l` TABLE OF CONTENTS I INTRODUCTION 1 SCOPE OF REPORT PROJECT DESCRIPTION PROJECT STUDY AREA i SUMMARY OF ANALYSIS FINDINGS 3 EXISTING CONDITIONS 4 SITE CONDITIONS AND ADJACENT LAND USES TRANSPORTATION FACILITIES TRANSIT SERVICE TRAFFIC SAFETY TRAFFIC VOLUMES AND PEAK HOUR OPERATIONS TRAFFIC IMPACT ANALYSIS 16 DEVELOPMENT PLANS SITE GENERATED TRAFFIC VOLUMES TRIP DISTRIBUTION IN-PROCESS TRAFFIC VOLUMES FUTURE TRAFFIC OPERATIONS/INTERSECTION LEVELS OF SERVICE COMPARISON OF ACCESS ALTERNATIVES INTERNAL SITE CIRCULATION ADDITIONAL DEVELOPMENT POTENTIAL SURROUNDING THE SITE TRAFFIC SIGNAL WARRAN'T'S PROGRESSION OF TRAFFIC ON PACIFIC HIGHWAY CONCLUSIONS AND RECOMMENDATIONS 35 REFERENCES 36 -i- r f t~ LIST OF FIGURES 1. Site Vicinity Map 2 2. Existing Peak Hour Volumes 7 3. Trip Distribution Pattern 19 4. Background Peak Hour Volumes 20 5. Site Generated Traffic Naeve-109th Access Alternative 21 6. Site Generated Traffic Naeve Only Access Alternative 22 7. Background + Project Traffic Naeve-109th Access Alternative 24 8. Background + Project Traffic Naeve Only Access Alternative 25 9. Site Generated Traffic Potential Additional Development 29 10. Background + Project + Potential Additional Traffic 30 e -u • f t t~ C LIST OF TABLES 1. Accident History at Naeve/Pacific Highway 6 2. Level of Service Definitions: Signalized Intersections 9 3. Level of Service Criteria for Signalized Intersections 10 4. Level of Service Definitions: Unsignalized Intersections 11 5. Level of Service Criteria for Unsignalized Intersections 12 6. Existing Level of Service Results 14 7. Gap Analysis Results 15 8. Trip Generation Characteristics: Proposed Development 18 9. Projected Level of Service Results (Background + Project) 26 t 10. Trip Generation Potential (Surrounding Properties) 28 11. Signal Warrant Analysis Results 32 12. Signal Progression Analysis Results 34 t c it s? ii r t, ~r u~x-~ Tigard Apartments INTRODUCTION SCOPE OF REPORT The purpose of this report is to assess the likely traffic-related impacts on the surrounding street system of a proposed 364 unit multi-family residential development located east of Pacific Highway (Highway 99W) and north of Naeve Street in Tigard, a Oregon. Figure 1 shows the site vicinity map. Specific traffic-related issues discussed in this report include: • Existing traffic conditions in the project area. • Trip characteristic estimates for the proposed development. • Site access location and operations. • Traffic impacts on the adjacent streets. • Safety considerations including accident experience, appropriate traffic control devices, and sight distance analysis. An analysis of the traffic impacts of potential future development surrounding the site. This report has been prepared following the guidelines set forth by the Oregon Department of Transportation's (ODOT) Minimum Requirements for a Traffic Report (Reference 1). PROJECT DESCRIPTION The western boundary of the proposed 364 dwelling unit multi-family residential development lies approximately 300 feet east of Pacific Highway (Highway 99W). SW Naeve Street and SW 109th Avenue form the southern and eastern boundaries of the site, respectively. First construction on the site is intended to begin in 1990. E E The current site plan includes one site access on SW Naeve Street, a secondary emergency vehicle access on SW 109th Avenue, and an access that connects the site to f the northern extension of SW 109th Avenue, which intersects with Canterbury Lane to the north. For the purposes of the report, this access alternative will hereafter be referred to as the Naeve-109th Access Alternative. In accordance with ODOT's Minimum Requirements for a Traffic Report a second site access alternative has also { been evaluated as well. The second access alternative consists of site access onto SW 1 - INTRODUCTION i F i c NORTH P = < J i tg t I , ~Pp ~Btv j DENNEY RD ¢ MULTNOMAH ~BLVD GIB HART RD = v ~ GARDEN r HOME no 4 ~ AROEN < i~ ST Tc T T A/gll yV Ov I i i ~~1 fE f TA 3 "FERRY RD S s R//y BROCKMAN ► n 1~ n RD < ° i < rrT£q Ap r-A PO WEIR RD ` $ AK T w ~ NA< O l A ST P W K OAK TA T' PFAf E i 7 PN N Q PP i Q9 M ST OONc BOLLS PO ' a 04~ $+,Iqo G 90 .9 p RR w9Y Imc ST SG~O~S! WALNVt i and ~`NSl Eq T ERG AD ~E R Q < o w~ < Bull ! COUNIA, CAUL. Mtn GAAROE MCOONALO ST m KfIUSF N at Rp ST . 8 LL VITA R R PO N yD o7w AD S lfi~ TT FR T PPM C. QPPy U'"~ F $ t A~`9F~ IpY~ v AD King ` BEN r -DURHAM RD !O BEEF i City > OaES Jp a mio REE TREE ' 00 e> ¢ !O It ? r~ara,;„ FI PO EA Durham y ; OgTOOK OR W TUALA 7IN RD p j¢ y O ¢ VI ® a CNILDS ~ RD Tualatin vergrove O BORLAND A[ It O PO AVERY i SAGERT AD ~ EDY RD RW OD !p C; (a '.mss O Q 94 JP~' c CM < l- N ST < tt' ? U OP ~1 = PO Q DELKER She oodo ro $ 3 " RD Z Q B V ¢ ¢ O y NELENIIUU ~W ? RI IA 'T N PO - C p 2 r uI O sc e~ ~oP RD a ~y„ ar .To cc o 5 _ r i PQ DAY RD . SITE VICINITY MAP -2- ITIGARD APARTMENTS Figure re ruory 1 9 i =f001 Tigard Apartments Naeve Street only. The second access alternative will hereafter be referred to as the Naeve Only Access Alternative. PROJECT STUDY AREA Based on the amount of traffic anticipated to be generated by the proposed development, the project study area has been identified to include the following key intersections: • SWNaeve St/Pacific Highway • SW Beef Bend Road/Pacific Highway • SW 109th Ave/Canterbury Lane SUMMARY OF ANALYSIS FINDINGS , Based on the traffic impact analysis described in this report, it is concluded that the proposed multi-family housing development can be built while still maintaining acceptable levels of safety and operations on the surrounding street system. The specific findings of the analysis are as follows: 1) All intersections within the study area are expected to operate within acceptable level of service limits under existing and projected weekday morning and evening peak hour conditions under any of the access alternatives. 2) The Naeve-109th Access Alternative results in slightly lower traffic demands at the Naeve Street/Pacific Highway intersection, and provides better emergency vehicle access. 3) The Naeve Street/Pacific Highway intersection can remain unsignalized and still accommodate the projected background plus project traffic safely and efficiently under either of the access alternatives. 4) Full development of the surrounding undeveloped land, with access similar to that described within this report would likely result in the need for a traffic signal at the Naeve Street/Pacific Highway intersection. 5) A traffic signal could be installed at Naeve Street without significantly impacting traffic signal progression on Pacific Highway. f - 3 - INTRODUCTIGN 7Ygard Apartmenu C. EXISTING COMMONS SITE CONDITIONS AND ADJACENT LAND USES The proposed project site is currently vacant. Land uses in the immediately surrounding area consist of a mixture of single family and multi-family residential developments. TRANSPORTATION FACILITIES Pacific Highway is a primary north-south route in the project area and as such is designated by Washington County as a major arterial (Reference 2). Pacific Highway is also a state highway and is maintained and operated by ODOT. Within the vicinity of the site, Pacific Highway is a four lane divided highway. The typical cross-section consists of two travel lanes in both the northbound and southbound directions, as well as separate exclusive left-turn lanes at most major intersections. The posted speed within the vicinity of the site is 45 miles per hour. No on-street parking is allowed on either side of the roadway. Within the vicinity of Pacific Highway, Beef Bend Road is designated a major collector (Reference 2) and is operated and maintained by Washington County. Beef Bend Road is an "L" shaped roadway connecting Pacific Highway to the south and Scholls Ferry Road (State Highway 210) to the north. The north-south section of Beef Bend Road connecting to Scholls Ferry Road is classified as a minor arterial by Washington County (Reference 2). The typical cross-section of Beef Bend Road consists of one twelve foot travel lane in each direction. The. posted speed within the vicinity of Pacific Highway is 45 miles per hour. No on-street parking is allowed on either side of the roadway. SW- Naeve Street is designated as a minor collector by Washington County (Reference 2). SW Naeve is currently a low volume two-lane roadway. Within the vicinity of Pacific Highway, the pavement is in poor condition, with a number of potholes. Existing Traffic sc Control The intersection of Pacific Highway/Beef Bend Road is controlled by a fully actuated traffic signal. The signal is maintained and operated by ODOT. The traffic signal is part of a coordinated signal system on Pacific Highway. The intersection of SW Naeve Street/Pacific Highway is unsignalized with stop sign control on the minor street approach. ffi -4- EXISTING CONDITIONS Tigard Apartments l TRANSIT SERVICE Bus transit service is provided along Pacific Highway by Tri-Met Bus Route No. 12. Route No. 12 provides weekday and weekend service between Sherwood and downtown Portland. This service is provided at 15-30 minute headways on weekdays and 60 minute headways on weekends. For the purposes of this analysis, it is assumed that none of the site-generated person trips are made by transit. TRAFFIC SAFETY Accident History In order to evaluate existing accident patterns near the Pacific Highway/Naeve Street intersection, a review was conducted of accident records maintained by ODOT. A a detailed summary was prepared of all reported accidents in the vicinity of the intersections for the time period between January 1986 through December 1988. Table 1 displays a summary of this review. As shown in the Table, a total of 5 accidents have occurred at the Naeve Street/Pacific Highway intersection during the three year time period. The review of the accident data did not reveal anything that might indicate a significant accident problem. Sight Distance Measurements As part of the traffic safety evaluation, field measurements of intersection sight distance were performed at all of the proposed access drives and key intersections. Based on these observations, it was found that more than adequate sight distance currently exists at the proposed access drive on Naeve Street as well as at all of the other key intersections within the study area. Based upon. a review of the accident data, and on the results of the field observations, it is concluded that no significant safety problems currently exist within the immediate site vicinity. It is not expected that development of this site will adversely affect the traffic safety characteristics of the surrounding street system. TRAFFIC VOLUMES AND PEAK HOUR. OPERATIONS Current weekday morning and evening peak hour traffic volumes at the key intersections within the study area were determined through manual counts conducted by Kittelson & Associates, Inc. These counts were conducted during November 1989, and January 1990. The peak hour observations revealed that the morning peak hour occurs from 7:00-8:00 a.m. while the evening peak hour occurs from 4:30-5:30 p.m. The existing morning and evening peak hour traffic volumes are shown in Figure 2. i -5 - EXISTING CONDITIONS z Tigard Apartments f t f' TABLE 1 SUMMARY OF ACCIDENT TYPES AT KEY INTERSECTIONS (January 1, 1986 through December 31, 1988) t. L Accident T= Imbue lNaeve St/Pacific Hay Rear End 4 Turning 1 Total 5 F.. i Y'. t a^, ti o Y ~O 70-14 `G Canterbu NORTH Q t Q OO O 45-0. 60 Beef 20ftx s-5 Bend N% r . . . . . . o to :SITE:. M O 01 ~ ~ eye S... • 1s-.r 10 LAM =PEAK 0 45-14 of a Canterbu NORTH 75 > ~t e t ~o ~o N O 110-0. 45 45~ 10 Beef Bend o .n M N O j~%, 5 0 t eye S 15 jo. a- 10 o~ N PM PEAK EXISTING PEAK HOUR -7- TRAFFIC VOLUMES Figure cvl ITIGA eaD AP 9RTMENTS 2 ry 10 322F00~ Tigard Apartments ' LOS is a concept developed to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. Recent research has determined that average stopped delay per vehicle is the best available measure of the LOS at a signalized intersection. As defined within the 1985 Highway Capacity Manual (Reference 3), six grades are used to denote the various LOS; these six grades are described qualitatively for signalized intersections in Table 2. Additionally, Table 3 identifies the relationship between level i of service and average stopped delay per vehicle. Using this definition, a "D" LOS is generally considered to represent the minimum acceptable design standard. For signalized intersections, LOS defines the quality of the traffic flow, but does not necessarily describe the overall design adequacy of the intersection to accommodate the i traffic volumes being analyzed. As an example, a good LOS can be achieved even when the volume/capacity ratio for the intersection exceeds 1.0. Similarly, there are f conditions under which a poor LOS is achieved even though the volume/capacity ratio for the intersection is well below 1.0. Therefore, all signalized intersection summary tables contained in this report provide both the calculated LOS and the calculated volume/capacity ratio for each intersection. In this way, the reader is provided with a complete description of the expected operation conditions for each signalized intersection that is analyzed. 's. s C For unsignalized intersections, LOS is defined differently than for signalized 3. intersections in that it is based upon the concept of "Reserve Capacity" (i.e., that portion of available hourly capacity that is not used). A qualitative description of the various service levels associated with an unsignalized intersection is presented in Table 4. A quantitative definition of LOS for an unSignalized intersection is presented in Table 5. s i The reserve capacity concept applies only to an individual traffic movement or to shared lane movements. Once the capacity of all the individual movements has been calculated and their LOS and expected delays determined, an overall evaluation of the intersection can be made. Normally, the movement having the worst LOS defines the overall evaluation, but this may be tempered by engineering judgement. Past experience with the unsignalized analysis procedure indicates that this methodology is very conservative in that it tends to overestimate the magnitude of any potential problems that might exist. Therefore, the results of any unSignalized inter- section analysis should be reviewed with this thought in mind. Generally, LOS E is considered to be acceptable for an unsignalized intersection, although it also indicates that the need for signalization should be investigated. All LOS analyses described in this report were performed in accordance with the procedures described above. Copies of the analysis forms can be reviewed upon request. In order to assure that this analysis is based upon worst case conditions, the weekday peak hour flow rates were used in the evaluation of all intersection levels of service. Thus, the analysis reflects conditions that are only likely to occur for two hours out of each average weekday. For the remainder of each weekday and throughout the weekends, traffic conditions within the study impact area are likely to be better than that described in this report. -8- EXISTING CONDITIONS r ` r b: k; 7Ygard Apartments TABLE 2 LEVEL OF SERVICE DEFINITIONS (SIGNALIZED INTERSECTIONS) Level of Service Traffic Flow Characteristics A Very low average stopped delay, less than five seconds per vehicle. This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Average stop delay is in the range of 5.1 to 15.0 seconds per vehicle. This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for LOS A, causing higher levels of average delay. C Average stopped delay is in the range of 15.1 to 25.0 seconds per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin to appear in this level. The number of vehicles stopping is significant at this level, although many still pass through r the intersection without stopping. D Average stopped delays are in the range of 25.1 to 40.0 seconds per vehicle. The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle length, or high - volume/capacity ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Average stopped delays are in the range of 40.1 to 60.0 seconds per vehicle. This is considered to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high volumetcapacity ratios. Individual cycle failures are frequent occurrences. F Average stop delay is in excess of 60 seconds per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with oversaturation. It may also occur at high volumetcapacity ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing causes to such high delay levels. Note: A signal cycle failure is considered to occur when one or more vehicles are forced to wait through more than one green signal indication for a particular approach. -9- 74gard Apartments TABLE 3. LEVEL-OF-SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Stopped Delay Per Level of Service Vehicle (Sec) A 5.0 B 5.1 to 15.0 C 15.1 to 25.0 D 25.1 to 40.0 E 40.0 to 60.0 F > 60.0 Source: Reference 2 ' i t` - 10- s E i ?Fgard Apartments TABLE 4 GENERAL LEVEL OF SERVICE DESCRIPTIONS FOR UNSIGNALIZED INTERSECTIONS f, t x: t LOS General Description E. S A - Nearly all drivers find freedom of operation f; Very seldom is there more than one vehicle in the i queue E" F B - Some drivers begin to consider the delay an ; inconvenience Occasionally there is more than one vehicle in the queue F C - Many times there is more than one vehicle in the queue: Most drivers feel restricted, but not objectionably so i D - Often there is more than one vehicle in the queue Drivers feel quite restricted E - Represents a condition in which the demand is near or equal- to the probable maximum number of vehicles that can be accommodated by the movement There is almost always more than one vehicle in the queue Drivers find the delays to be approaching intolerable levels F - Forced flow Represents an intersection failure condition that is caused by geometric and/or operational constraints external to the intersection i. i 3%. sti Tigard Apartments TABLE 5 LEVEL OF SERVICE CRITERIA for UNSIGNALIZED INTERSECTIONS Reserve Capacity Level of Expected Delay to (pcph) Service Minor Street Traffic >400 A Little or no delay 300-399 B Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0- 99 E Very long traffic delays * F * M When demand volume exceeds the capacity of the lane, extreme delays will be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection. Source: Transportation Research Board. "Highway Capacity Manual". Special Report 209 (1985) e -12- Tigard Apartments Table 6 summarizes the results of the intersection LOS calculations for the key intersections within the study area. As this table indicates, all intersections are currently operating at acceptable Levels of Service under existing weekday morning and evening peak hour conditions. In an effort to better estimate the existing capacity for minor street left-turn movements at the unsignalized intersection of Pacific Highway/Naeve Street a special gap study was conducted to determine the availability and distribution of acceptable gaps for left-turning movements. The gap study explicitly accounts for such factors as ' proximity of upstream and downstream traffic signals which effects whether or not the vehicles are arriving randomly, or in platoons. The results of the gap study reveal the number of critical time gaps available to drivers. Within the context of this report the critical gap is defined to be the time gap, expressed in seconds, which is found to be acceptable by 50 percent of the drivers on the minor street approach and movement. Past experience on other roadway facilities possessing similar speed and cross-sectional characteristics show the critical gap for minor street left turning vehicles to be fairly consistent and at about 6.0 seconds. I Another factor that needs to be considered when evaluating the operations of the Naeve St./Pacific Highway intersection is the presence of the wide median on Pacific Highway. This median provides a refuge for left-turn movements from the minor street and allows vehicles to cross one major street movement at a time. The result of this is the minor street left-turn movements do not have to wait for simultaneous gaps I in the northbound and southbound directions. Because of these factors, the gap analysis was analyzed for not only simultaneous ! C gaps, but gaps in the individual northbound and southbound directions as well. Table 7 displays the results of the gap analysis for weekday morning and evening peak hour conditions. As shown in the table, the existing available gaps are more than adequate to accommodate existing traffic volumes. PLANNED TRANSPORTATION IMPROVEMENTS Discussion with officials at, Washington County, and the City of Tigard indicate that the only significant transportation improvement currently planned within the study area is at the intersection of Beef Bend Road/Pacific Highway. At this intersection, Washington County has plans to widen the eastbound Beef Bend approach to Pacific Highway to provide for a separate right turn lane. Final engineering for this project ; has not yet been completed, but discussions with Washington Count- indicate that the improvement will likely take place within the next two years. For the purposes of the analysis of future conditions at the Beef Bend/Pacific Highway intersection, it was r assumed that the above mentioned improvement will be in place. i F i - 13 - EXISTING CONDITIONS c k ?4gard Apartments TABLE 6 K EXISTING LEVEL OF SERVICE RESULTS } Sienalized Unsienalized' Reserve Intersection Delay Y-\.Q LQ a Capacity LS2~ t: Beef Bend/Pacific Hwy AM 7 .55 B - PM 8 .70 B - Naeve/Pacific Hwy AM - PM - Canterbury/109th AM - 805 A r PM - 760 A , I s NOTES: * Operational analysis of this intersection was conducted using a gap i f" analysis procedure. See discussion on page 13. r k S p~ l I f i t i f l f -14- Tigard Apartments 4 TABLE 7 SUMMARY OF GAP ANALYSIS RESULTS NAEVE STREET/PACIFIC HIGHWAY _ N tuber ..r e f!r;F" t^j~nC Time Period Northbound Ejouthbound Simultaneous AM Peak Hour 380 510 180 PM Peak Hour 350 305 135 s i :r e. .15- k Tigard Apartments TRAFFIC IMPACT ANALYSIS The weekday peak hour impact of traffic generated by the proposed development was analyzed as follows: • The placement and size of the proposed multi-family housing development were confirmed. • The total number of future morning. and evening peak hour trips, both in and out of the proposed development were estimated for development of the site in 1990. • The distribution of site-generated trips onto the existing roadway system within the immediate site vicinity was estimated based on information obtained from Washington County's regional travel demand forecasting model. • An estimate of projected weekday a.m. and p.m. peak hour in-process traffic within the immediate site vicinity was obtained from Washington County staff. • The in-process traffic was added to the existing traffic volumes to obtain background traffic volumes for the future analysis condition. C_. • Site-generated traffic predicted for the weekday a.m. and p.m. peak hours was assigned to the street system and added to the projected background traffic volumes. • Traffic demands on each roadway facility were analyzed to identify any capacity, level of service, and/or physical deficiencies under projected future conditions for the two access alternatives. A detailed discussion of this methodology and the analysis results is contained in the remainder of this section. DEVELOPMENT PLANS Current site plans are for a 364 unit multi-family housing development to be constructed on the site by 1990. The proposed access scheme for the development includes three access drives, consisting of an access drive on Naeve Street, a secondary access on 109th Avenue, and an access that connects the site to the northern extension of SW 109th Avenue. It is intended that the access drive on Naeve Street will be designed such that left-turns out of the site on Naeve Street will be prohibited. This will force of the site's outbound traffic to Pacific Highway. - 16- TRAFFIC IMPACT ANALYSIS l Tigard Apartments C- In accordance with ODOTs Minimum Requirements for a Traffic Report, a second access 'alternative has been evaluated as well. The second access alternative consists of an access drive on Naeve Street. SITE GENERATED TRAFFIC VOLUMES Because the assumed trip generation characteristics represent the basis for the entire traffic impact analysis that follows, special care has been taken to ensure the reasonableness of these estimates. Estimates of total daily, morning and evening peak hour driveway volumes were calculated for the proposed multi-family housing development on the basis of empirical observations at similar developments located throughout the United States. These empirical observations are summarized in a standard reference manual published by the Institute of Transportation Engineers (ITE) (Reference 4). The trip generation characteristics shown in Table 8 were estimated for development of the property in accordance with the proposed site plan. TRIP DISTRIBUTION The distribution of site-generated trips onto the existing roadway system within the immediate site vicinity was estimated through examination of the origins and destinations of home-based work trips within the surrounding area that are contained in Washington County's regional travel demand forecasting model. On the basis of the information provided by Washington County, the estimated trip t._. distribution pattern shown in Figure 3 was prepared. As this figure indicates, it is estimated that approximately 70 percent of the site-generated traffic will travel to and from the north via Pacific Highway. IN-PROCESS TRAFFIC VOLUMES In-Process traffic volumes consist of traffic projections from planned or committed developments. Estimates of weekday a.m. and p.m. peak hour in-process traffic within the study area were obtained from Washington County staff. These volumes were added to the existing traffic volumes shown in Figure 2, to obtain the background traffic volumes for the projected future conditions shown in Figure 4. FUTURE TRAFFIC OPERATIONSANTERSECTION LEVELS OF SERVICE Using the estimated trip distribution pattern shown in Figure 3, the traffic anticipated to be generated by the proposed multi-family housing development during the weekday morning and evening peak hour was distributed onto the street system within the study area under the two access alternatives. These volumes are shown in Figures 5 and 6 for the respective access alternatives. - 17- TRAFFIC IMPACT ANALYSIS Tigard Apartments C_. TABLE 8 PROJECTED TRIP GENERATION FOR THE PROPOSED DEVELOPMENT Generated Trips (B) Size of A.M. Peak Hour P.M. Peak Hour Land Use Land Use (Units) (Al Daily Total 11I omt Total in 0-11t Multi-Family 364 2420 190 40 150 230 150 80 Housing ' r Notes: A. Units = Dwelling Units B. Includes both inbound and outbound trips. -18- NORTH ^4 ~Q Canterbury 61 > Qo Q rn 0 Beef Bend ~Qe~ o e S N ESTIMATED TRIP DISTRIBUTION PATTERN _lg_ Figure ITIGARD APARTMENTS ebrua 1 9 322F'003 Y ~,o 215-$ Conterbu NORTH 1 zs.~ 2 s no " nn O O 45--► 0-60 20~ 5 Beef T )e- Bend n •:SITE:• a - 5 ° . ,l * ~5 NOeye'S : 0.14 x--10 1o on N n N LAM =PEAK N ~o 150..$ oG\~o a Conterbu NORTH 95~ 4 Q t N O 11 O~1 f- 45 45-%~4 10 Beef Bend : j° n n :SITE:' s ° 1 e-s 15 ► .0-10 nn 0 M PM PEAK BACKGROUND PEAK HOUR C TRAFFIC VOLUMES _20_ Figure gel ARD APARTMENTS rua 990 A 9 322F004 . 0 1~O O N .C o Canterbu NORTH 5N Q~G; > vs ? s in an 0) 0 o~ r o SON ~0 Beef jr Bend o 0 M 'SITE' O N ja0 300-.$ .0-0 o .n AM PEAK ~o o in o-.$ ~G~u Q Canterbu NORTH ~o.y Q It s oin m o o_.► a- 0 3O N or 0 V% W Beef Bend . o •:SITE:•~ n O ao 45 20 NO@I~e S 200, ..-p t~ o~ h PM PEAK PROJECT SITE TRAFFIC NAEVE - 109TH ALTERNATIVE mr-mw _21_ Flguro ITIGARD APARTMENTS swi e rua 1990 5 Iml 322F005 o °n X30 o~ ~G Canterbu NORTH t QG Q 4 t in w~ ~ f i Beef - Bend -'SITE' o~ - l~ o »o f 40 NDe 40.-$ I't S, o-► 0 F t r e AM PEAK i1 in 'all Conterbu NORTH OG~ ION t Q t 0 Beef Bend :SITE:' 20 No - - - 1 * e~ 1s0-0 con M PM PEAK PROJECT SITE TRAFFIC Q NAEVE ONLY ALTERNATIVE r -22- Figure IGARD APARTMENTS 610 e rua 1 322F006 Tigard Apartments The site-generated traffic shown in Figures 5 and 6 were combined with the projected weekday morning and evening peak hour background traffic volumes shown in Figure 4 to arrive at the projected total morning and evening peak hour traffic volumes shown in Figures 7 and 8 for the two access alternatives. These volumes were used as the basis for analyzing the LOS at the intersections in the study under projected future weekday morning and evening peak hour conditions. The results of the LOS analysis for estimated future a.m. and p.m. peak hour r conditions for the two access alternatives are presented in Table 9. As shown in the table, all key intersections within the study area are expected to experience acceptable service levels under either of the access alternatives. As mentioned previously, the intersection of Naeve Street/Pacific Highway is different than typical unsignalized intersections due to the presence of the wide median on Pacific Highway. Because of this, future traffic operations this intersection were evaluated using the gap analysis results described previously and displayed in Table 7. The results of the gap analysis revealed that approximately 180 and 135 critical simultaneous gaps currently exist during the weekday morning and evening peak hours, respectively. However, for the individual directions in excess of 300 critical gaps are available in both the morning and evening peak hours. With the relatively low projected left-turn demand there appears to be more than adequate capacity to accommodate projected demands if the vehicles make use of the center median for a refuge and cross one direction at a time. Therefore, based on the t results of the detailed gap analysis, it is concluded that more than adequate capacity will be available to accommodate left turn movements at the Naeve Street/Pacific Highway intersection safely and efficiently under either of the access alternatives. COMPARISON OF ACCESS ALTERNATIVES - The analysis results indicate that either of the access alternati: es will adequately accommodate the projected site-generated traffic volumes. The Naeve-109th Access Alternative results in lower total traffic demands at the intersection of Naeve St/Pacific Highway than the Naeve Only Access Alternative. Therefore, the Naeve-109th Access Alternative would likely result in slightly better traffic operations at the intersection of Naeve Street/Pacific Highway. The Naeve-109th Access Alternative also provides better emergency vehicle access to the site via the connection to Canterbury Lane. RWERNAL SITE CIR.CUI ATION With regard to internal site circulation, the most important design feature from a traffic operations perspective is the site access driveways and their relationship to the internal road system. Specifically, ingress and egress at the site driveways should not interfere with parking/unparking maneuvers. If a conflict between these operations did exist, vehicle backups on the adjacent street system can occur. A review of the site plan reveals unobstructed access throats of at least 80 feet will be provided at the major access drives. Based on the volume of site-generated traffic that is expected at both of the access drives under any of the access alternatives, the depth -23- TRAFFIC IMPACT ANALYSIS i r C 21s.~ Canterbu NORTH 125N Off' > t Q 1 b N O 45.-► 60 Beef 30N r 5 I : Bend • o ••:•SITE:•::• • oftn a o 85 r E 45 ~O@1'N 'S. 15-6. .0-10 tw l AM PEAK o 'n 00 C4!2 r I _ 150 ~o Canterbu NORTH 105N~ OG~ > l l Q t Q t .n o 0) N Q l.. 110--►• a 45 75N 10 _ Beef Bend . i t cm SITE cm N Ilk . so t 50 J or 25 N00. 120-f t S 15-o. -0-- 10 n PM PEAK BACKGROUND + PROJECTED TRAFFIC s NAEVE - 109TH ALTERNATIVE s -24 ITIGARD eAPARTMENTS Ire IKI 322F007 A ~O a r 215--$ oG`~o , Canterbu NORTH 125 t e s to n N Q r Beef Bend ' . ° •:SITE:' t 115 I~ 45 Nce~e 40 t 7 S 15--.o. 10 00 N~ N AM PEAK l . rl 0 so N ^ r 1so.~ V Canterbu NORTH OG~ 95-N V% 4 N Beef • Bend .SITE: IA N - 65 25 Noel 150 *r e S 1 s..-► a- t o ho oY M PM PEAK BACKGROUND + PROJECT TRAFFIC NAEVE ONLY ALTERNATIVE -25- Flgun ITIGARD APARTMENTS p February 1990 v 32F008 f~ Tigard Apartments TABLE 9 LEVEL OF SERVICE RESULTS BACKGROUND PLUS PROJECT TRAFFIC Signalized Unsienalized Reserve Intersection Delay Y-\.Q Wa Capacity LM Naeve-109th Alternative Beef Bend/Pacific Hwy AM 9 .57 B - PM 15 .80 C - b Naeve/Pacific Hwy AM - - - PM - Canterbury/109th AM - - - 763 A PM - 723 A Naeve Only Alternative Beef Bend/Pacific Hwy AM 9 .58 B - PM 15 .81 C - i Naeve/Pacific Hwy AM - - PM - - - Canterbury/109th AM - - 806 A PM - 759 A NOTES: * Operational analysis of this intersection was conducted using a gap analysis procedure. See discussion on page 23. -26- Tigard Apartments of the access throat will be adequate to minimize conflicts with parking/unparking maneuvers. Thus, the internal circulation is expected to operate acceptably, and moreover, circulation internal to the site is not expected to adversely affect traffic operations on the adjacent street system. ADDITIONAL (DEVELOPMENT POTENTIAL SURROUNDING THE SITE The City of Tigard requested that the traffic analysis take into account the development potential of currently undeveloped parcels located immediately east and west of the site. The parcels that considered included an approximately 10 acre parcel located immediately west of the site at the northeast corner of the intersection of Naeve Street/Pacific highway, and an approximately 40 acre parcel located immediately east of 109th Avenue. The 10 acre parcel is zoned R-25, which allows for the construction of approximately 250 multi-family housing units. For the purposes of the analysis, it was assumed that no direct access to Pacific Highway would be provided, and therefore, all of the 250 units would access Naeve Street. The 40 acre parcel is currently zoned R-3.5, which would allow for the construction of approximately 180 single family residential housing units. Discussion with City staff indicated that the 40 acre parcel would likely have access to 109th Avenue, Naeve Street, as well as a number of local streets located east of 109th Avenue. Based on a review of the likely internal street connections for the 40 acre parcel that was provided by City staff, it was estimated that approximately one third of the parcel, which represents approximately 60 single family housing units, would access Naeve Street. It is felt that this represents a conservatively high estimate, and therefore provides a reasonable worst-case estimate of future traffic operations on Naeve Street. Estimates of total daily, morning and evening peak hour driveway volumes were calculated for the potential future development on the basis of the empirical observations summarized by the Institute of Transportation Engineers (ITE) (Reference 4). The trip generation characteristics shown in Table 10 were estimated for development of the property as described above. Using the estimated trip distribution pattern shown in Figure 3, the traffic anticipated to be generated by the potential future development during the weekday morning and evening peak hour was distributed onto the street system within the study area. It was assumed that the southern and northern sections of 109th Avenue remained severed, and therefore all of the traffic was added to Naeve Street. The projected site- generated traffic volumes are shown in Figure 9 for the weekday morning and evening peak hour time periods. In order to evaluate a worst-case condition for the intersection of Naeve Street/Pacific Highway, the site-generated traffic shown in Figure 9 was added to the projected total traffic volumes for the Naeve Only Access Alternative, shown in Figure 6. The resulting Background + Project + Potential Future traffic volumes are shown in Figure 10 for the weekday morning and evening peak hours, respectively. -27- TRAFFIC IMPACT ANALYSIS { MOM 1 } ftard Apartments { i i TABLE 10 TRIP GENERATION POTENTIAL FOR SURROUNDING UNDEVELOPED PROPERTIES f tGenerated Trips (B) Size of A.M. Peak Hour P.M. Peak Hour Land Use Lend Use (Units) (A) Daily Total In Out Total In DjA Multi-Family 250 1650 130 30 100 160 105 55 f Housing t Single Family 60 (C) 605 45 10 35 60 45 15 Housing f ti t i Notes: E: r A. Units = Dwelling Units t is r' f B. Includes both inbound and outbound trips. portion of this future development that is C. This represents only the expected to access Naeve Street. r~ i F t -28- ~i r G``(, ' Canterbu NORTH QO q s O O Beef Bend . . OM a . . . 35 N<e~ 1~ eS o in AM PEAK Canterbu NORTH > Q q s rn ' o Beef Bend :..SITE.. O ^t 60 20 Noel ♦ w e S. C2 in M PM PEAK SITE TRAFFIC { POTENTIAL DEVELOPMENT " -29- Figure TIGARD APARTMENTS e rua 1 322F009 yo r ` - IC, , Canterbu NORTH QO Q t O) O Beef Bend • 'SIT'E: &°n o . of co I%& . 130 80 NOe • • 41' ~e N ^ l AM PEAK r~ i r OG`0 ' Canterbury NORTH Q Q t r 0 Jt o Beef Bend ^ N It&``125 Noe~e 45 1 1w S %n h o~ M PM PEAK BACKGROUND + PROJECT + POTENTIAL TRAFFIC -30- TIGARD APARTMENTS Flgure February 1990 10 322F0ot0 • - Tigard Apartments The operational analysis of projected conditions with the potential future development focused on conditions at the intersection of Naeve Street/Pacific Highway. Future traffic operations at this intersection were evaluated using the same procedures described previously. Based on the projected left-turning volumes during the evening peak hour, the combination of left-turns from Pacific Highway and left turns from Naeve Street would be approaching the capacity of the unsignalized intersection to handle left-turns. TRAFFIC SIGNAL WARRANTS As a part of this analysis, a special investigation was conducted to evaluate the need for installing a new traffic signal at the Naeve Street/Pacific Highway intersection. The warrant analysis was conducted for both of the access alternatives under projected background + project traffic volumes, as well as for projected background + project + potential future development traffic volumes. The Minimum Vehicular Volume Warrant (Warrant 1 as described in Reference 5) and the Interruption of Continuous Flow Warrant (Warrant 2) are both based on the eighth-highest hour conditions. The Peak Hour Volume Warrant (Warrant 11) was also examined. Based on previous work within. Washington County, it is assumed that the eighth- highest hour on Pacific Highway is approximately 70 percent of the peak hour, and the eighth-highest hour on Naeve Street is approximately 60 percent of the peak hour. Additionally, only half of the minor street's projected right-turn volume is included for warrant evaluation purposes, because right turning vehicles would benefit little from a traffic signal. ( The results of the traffic signal warrant analysis for Pacific Highway and Naeve Street are shown in Table 11. As shown in the table, under both of the access scenarios with background plus project traffic, the warrant requirements will not be met for Warrants 1, 2, or 11. When the traffic from the potential additional development is added to the background plus project traffic, it is projected that signal Warrants 2 and 11 would be met. Based on the results of the signal warrant analysis as well as the operational analysis for the Naeve Street/Pacific Highway intersection, it is concluded that a traffic signal would not be warranted with the addition of the proposed project traffic under either of the access alternatives. If however, the undeveloped land surrounding the project site develops to the full potential allowed under the current zoning, and access to these properties is as assumed in this analysis, it is likely that a traffic signal would be required to accommodate projected total traffic volumes. PROGRESSION OF TRAFFIC ON PACIFIC HIGHWAY With the potential for a traffic signal at the Naeve Street/Pacific Highway intersection at some time in the future, officials at ODOT requested that an analysis of the traffic signal progression characteristics be conducted to assess the impact of a traffic signal at the intersection of Naeve Street/Pacific Highway on the progression of through traffic on Pacific Highway. -31- TRAFFIC IMPACT ANALYSIS w M 1 $ tl T4gard Apart-ads TABLE 11 TRAFFIC SIGNAL WARRANT ANALYSIS i Warrant Volume Projected Volume Warrant Time Major Minor Pacific Naeve Met Name of Warrant Period Street Street J ghwav Street ~ i 111aeve-109th Access Alternative (Background + Project) Minimum Vehicular 420 140 1550 53 No i Volume e i Interruption of 630 70 1550 53 No Continuous Flow Peals Hour P.M. 2215 105 2215 88 No g t liaeve-Only Access Alternative (Background + Project) L Minimum Vehicular 420 140 1555 62 No Volume (-i Interruption of 630 70 1555 62 No L J Continuous Flow Peak Hour P.M. 2225 105 2225 103 No (Background + Project + Potential Future Development) Minimum Vehicular 420 140 1585 87 No i Volume Interruption of 630 70 1585 87 Yes _ Continuous Flow Peak Hour P.M. 2265 105 2265 145 Yes E t_. 1 8 -32- t Jim Tigard Apartments The effects on traffic signal progression characteristics along Pacific Highway were analyzed using a standard computerized simulation and optimization program (PASSER II-87). Passer H-87 is a macroscopic computer model that is designed to evaluate a variety of signal strategies along an arterial. Although the program is capable of analyzing isolated intersections, its most common application is in evaluating and optimizing signal progression on an arterial street system. For this analysis, Passer II-87 was used to evaluate the relative effects, from a signal progression standpoint, of an additional signalized intersection at Naeve Street/Pacific; 4 Highway. a Since a traffic signal would likely only be required when all of the undeveloped land surrounding the project site develops to its potential, the traffic volumes shown in Figure 10 were used as the basis for the analysis. ODOT requested that the i progression analysis include traffic signals at the following intersections on Pacific Highway: • Durham Road • Royalty Parkway • Naeve Street • Beef Bend Road • Bull Mountain Road • Canterbury Lane f; s i . Based on discussions with ODOT, the analysis time periods that were evaluated were the weekday evening peak hour, and the weekday off-peak time period. For the s. purposes of the analysis, the traffic volumes during the off peak time period were assumed to be equivalent to 70 percent of the weekday p.m. peak hour time period. Table 12 displays the measures of effectiveness (MOE's) typically used when evaluating E signal progression. As shown in the table, the results of the analysis indicate that "Great Progression" can be attained with a traffic signal at Naeve Street. Table 12 also displays the estimated green bandwidth (in seconds) both with and without a signal at Naeve Street. Based on the results of the signal operation and progression analysis, it is concluded that a traffic signal could eventually be installed at Naeve Street while maintaining excellent signal progression on Pacific Highway. r, - 33 - TRAFFIC IMPACT ANALYSIS r i; t~ Tigard Apartments 0 TABLE 12 SUMMARY OF SIGNAL PROGRESSION ANALYSIS RESULTS Arterial Progression Measures of Effectiveness NB Bandwidth SB Bandwidth . Efficiency (1) (seconds) PH Peak Sour Without Naeve Signal 0.45 52 73 With Naeve Signal 0.43 50 69 Off Peak Condition Without Naeve Signal 0.47 46 32 With Naeve Signal 0.48 46 35 I3Qf&se (1) Arterial Progression Evaluation Criteria is as Follows: Efficiency 0.00 - 0.12 Poor Progression L 0.13 - 0.24 Fair Progression 0.25 - 0.36 Good Progression 0.37 - 1.00 Great Progression G Cr t r-: i' - 34 Milli Tigard Apartments CONCLUSIONS AND RECONDATIONS Based on the traffic impact analysis described in this report, it is concluded that the proposed multi-family housing development can be built while still maintaining acceptable levels of safety and operations on the surrounding street system. The specific findings of the analysis are as follows: 1) All intersections within the study area are expected to operate within acceptable LOS limits under existing and projected weekday morning and evening peak hour conditions under.any of the access alternatives. 2) The Naeve-109th Access Alternative results in slightly lower traffic demands at the Naeve Street,/Pacific Highway intersection, and provides better emergency vehicle access. 3) The Naeve Street/Pacific Highway intersection can remain unsignalized and still accommodate the projected background plus project traffic safely and efficiently under either of the access alternatives. 4) Full development of the surrounding undeveloped land, with access l similar to that described within this report would likely result in the need for a traffic signal at the Naeve Street/Pacific Highway intersection. 5) A traffic signal could be installed at Naeve Street without significantly impacting traffic signal progression on Pacific Highway. F -35- CONCLUSIONS I ~ Tigard Apartments e REFERENCES 1. Oregon Department of Transportation, Minimum Requirements for a Traffic Report. 2. Washington County. Functional Classification System. (1988) 3. Transportation Research Board. Highway Capacity Manual. Special Report No. 209 (1985). 4. Institute of Transportation Engineers. Trip Generation Manual. Fourth Edition (1988). 5. Federal Highway Administration. Manual on Traffic Control Devices (1984). L.i L1 r~ l_ C.~ r 1. e -36- REFERENCES r\• t KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 512 S.W. BROADWAY • PORTLAND, OREGON 97205 • (503) 2285230 • FAX (503) 273.8169 March 7, 1990 RECEIVED MMING MAR 0 9 1990 Project: 330.00 Suzette Fontana Design Development Coordinator Triad Development, Inc. P.O. Box 88070 Seattle, WA 98138 SUBJECT: Tigard Apartment Traffic Analysis Dear Suzette: The purpose of this letter is to respond to the City of Tigard's February 23, 1990 letter requesting additional information with regard to the traffic analysis we conducted for the proposed Tigard Apartment Complex. The City's requests are summarized as follows: Revise the traffic analysis to consider a possible connection of the two currently severed segments of 109th. • Revise the traffic analysis to consider the effect of a full access drive on Naeve Street as opposed to the restricted right-turn only access evaluated in the original report. • Consider the potential for existing development to the south to use Naeve Street due to the required roadway improvements to Naeve Street. • Assess traffic operations at the intersection of 109th/Naeve Street for all alternatives. The following paragraphs respond to the specific comments from the City for which they have requested either additional information or further discussion. To A ~,~RFFlG IMPACT- 14Npi)/.S/S Suzette Fontana March 9, 1990 Page 2 Comment. The Transportation Analysis should be revised to also consider a possible connection of the two segments of 109th for purposes of analysis of possible transportation impacts. Based on an examination of the origins and destinations of home-based work trips within the surrounding area that are contained in Washington County's regional travel demand forecasting model, it is estimated that approximately 25 percent of the residential site-generated traffic within the surrounding area would travel to and from the south. A more detailed examination of Washington County's data reveals that of the traffic coming to and from the south, approximately 10 percent would come from Durham Road and 15 percent would come from Pacific Highway, south of Durham Road. On page 20 of the Tigard Apartments Transportation Impact Analysis, the morning and evening background peak hour traffic volumes at the 109th/Canterbury intersection are shown. These volumes represent the traffic north of the property that might be diverted to Naeve Street, or Durham Road with a 109th Avenue connection. ` For the purposes of evaluating a worst-case condition the entire 25 percent destined toward Pacific Highway to the south, or Durham Road to the east was re-assigned to the surrounding street system. This re-assignment is shown in Figure 1. As shown in the Figure the 109th Avenue connection would likely result in only 10 to 20 additional trips on 109th north of Naeve Street. Comment: The Transportation study's failure to consider the possibility that the right turn only exit would not be permitted makes the study's analysis incomplete with regard to traffic on Naeve Street and streets to the south. In addition, the study should also consider that future improvements to Naeve Street may make use of this street more attractive to traffic from the south thereby increasing traffic at the Naeve/Pacific Highway intersection, but also possibly reducing traffic on streets to the south. i l Suzette Fontana March 9, 1990 Page 3 Response: As mentioned previously, an estimated 10 percent of the site-generated traffic from the proposed apartment will travel to and from the east via Durham Road. Eliminating the right-turn only prohibition at the site driveway allows those drivers destined for Durham Road to turn left out of the site to cut-through the Summerfield development. Once again, for the purposes of evaluating a worst-case condition with respect to the potential for additional traffic on the internal streets in the Summerfield development, it was assumed that the entire 10 percent of site-traffic bound for Durham Road was re-assigned through the Summerfield development. This assignment is shown in Figure 2. As shown in the Figure allowing left-turns out of the site driveways would likely only result in a maximum of 10 to 20 additional trips through the Summerfield development. The City also asked that we consider that future improvements to Naeve Street may make use of this street more attractive to traffic from the south thereby increasing traffic at the Naeve/Pacific Highway intersection, but also possibly reducing traffic on streets to the south. The information obtained from Washington County indicates that E~ 70 percent of the residential site-generated traffic will travel to and from the north via Pacific Highway. s In an effort to evaluate this potential, census tract information was provided by the City to determine how many housing units might access Naeve Street. After analyzing the census tract information it was determined that, based on the layout of the internal street system within the Summerfield development, residents from . approximately 225 housing units might potentially use Naeve Street to access Pacific E Highway for the purpose of travelling to and from the north. Applying ITE's trip generation rates for a retirement community, this equates to 90 trips ends (45 in and 45 out) on an average weekday during both the morning and evening peak hours. The i assignment of this site-generated traffic is shown in Figure 3. It should be noted that this assumes that all of the housing units with the potential to access Naeve Street would in fact do so. Therefore, the volumes shown in Figure 3 are considered to be conservatively high. i r" 1, ' Suzette Fontana March 9, 1990 Page 4 COMBINED IMPACTS AT NAEVE/PACIFIC HIGHWAY INTERSECTION Focusing on the critical left-turn movements at the intersection, the combined effect of these assumptions reduces the previously projected left-turn movement from Naeve Street onto Pacific Highway by 5 to 10 vehicles, and increases the left-turn movement from Pacific Highway onto Naeve Street by 45 vehicles. However, the conclusion made in the original report still remains valid. Specifically, with the resulting total left-turn demand projected at the intersection, there appears to be more than adequate capacity to accommodate projected demands if the vehicles make use of the center median for a refuge and cross one direction at a time. Therefore, based on the results of the detailed gap analysis (discussed in the original report), it is concluded that more than adequate capacity will be available to accommodate left turn movements at the Naeve Street/Pacific Highway intersection safely and efficiently under any of the access alternatives. Also unchanged from the original report, assuming full development of the surrounding undeveloped land, with access similar to that described in the original report, there would likely be a need for a traffic signal at the Naeve Street/Pacific Highway intersection. COMBINED IMPACTS AT THE 109TII/NAEVE STREET INTERSECTION Based on the low projected demand at the 109th/Naeve Street intersection under every alternative evaluated to date, this intersection is projected to operate at an "A" Level of Service. Suzette Fontana March 9, 1990 Page 5 i 's I trust this letter adequately addresses the items that have been identified by City staff. However, if any of the items need additional clarification please do not hesitate to me. r r S Sincerely, a M k A. Vandehey s Traffic Analyst s cc: Jerry Offer, City of Tigard i k f Z f t LEGEND XX AM PEAK HOUR NORTH (XX) PM PEAK HOUR SW 98TH AVE. ts)4-i ♦--2(5) { ~K Ale- Z Q Q M lA v S J 0 = W_ = W = D N O SW 109TH AVE. SITE h~ PA0 H/G ,Ar ~ H ~ t 3(-j o~ `1 0 2 L E ADDITIONAL SITE TRAFFIC +"~r+:~,7a WITH 109TH EXTENSION MAR 09 ~ TIGARD APARTMENTS Figure { arch 1990 1 :322NOOI N~ialli'(H LEG'E~D PEAK HOUR SW 98TH AVE• XX PM PEAK HOUR (Y.X) .L y a s ~ a N SW 09TH AVE• ha SITE PACIFIC HIGHWAY 0 o (8) Js~ s • S(20) ~o (--Z) is d o yam ~ P 0 G~'ED TFtAFGESs RE" ASE, FULL- ~°G fig • ` + RD ~RY~ENSS 2 ,002 G~ 1 g90 ~r March LEGEND ( ) AM PEAK HOUR NORTH # PM PEAK HOUR SW 98TH AVE. 45(45) A / o 0 5 0 0¢ Ln = w c~ u- = w D D o N SW 109TH AVE. SITE ~P h (4SJQS~ ~p F7C y/Gy6yAY 1 O Fhs 2 1 h1 . ADDITIONAL:SITE ' TRAFFIC r FROM SUMMERFIELD. ' TIGARD APARTMENTS Flgure ` March 1990 3 322NO03 3 'APPLICANT'S PRESENT( ..ON o Mark Grenz stated he is with Multi-Tech Engineering Services, 1155 13th Street, Salem, and represents the. applicant. He described the project, noting that it will be next to an existing retirement apartment complex. He pointed out the variance request does not ask for fewer parking spaces, but only fewer covered parking spaces. He explained one reason was to avoid obstructing a view for residents living in the adjoining retirement units. In addition, he said a portion of the retired residents do not own automobiles; and therefore, there is not the need for as many covered parking spaces as there would be in a typical apartment complex. He answered questions from Commissioners pertaining to the facilities and services proposed. PUBLIC HEARING WAS CLOSED o The Commissioners commented favorably, with Commissioner Boone suggesting that the facility needs better signage. * Commissioner Peterson moved and Commissioner Fessler seconded to approve the PDR 90-0007, SDR 90-0018, and VAR 90-0024 based on staff's recommendation. Motion carried unanimously by Commissioners present. 5.2 ,.,;.:SITE,:,DEVELOP14ENT-:.REVIEW , SDR.90-0004 PLANNED DEVELOPMENT PDR 90-0002 l1ARIANCE VAR 90-0007 TRIAD (NPO #0 'A request for Site Development Review and detailed Planned Development approval of a 364 unit apartment complex on a 27.2 acre property. Also, Variance approval is requested to allow a public street grade of up to 15%. ZONE: R-12 (PD) (Residential, 12 units/acre Planned Development) and R-25 (PD) (Residential, 25 units/acre Planned Development). APPLICABLE CRITERIA: Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2, 7.6.1, 8.1.1, 8.1.2, and 8.1.3 and Community Development Code Sections 18.54, 18.56, 18.80, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. President Moen read a statement to those attending the meeting naming the specific Comprehensive Plan Policies and Community Development Code Sections by number (see 5.2 above "APPLICABLE CRITERIA"). Senior Planner Liden described the location of the proposed project. He reviewed past actions on this proposal and discussed the prior Planning Commission and City Council decisions. He said the City Council remanded this application back to the Planning Commission primarily because of transportation issues, including access to and from the property. He advised that the City does not presently have a legal process for closing a street which is open. If a street is not presently open, the City is not obligated to open the street when development occurs. He said an ordinance would first have to be implemented before a decision could be made to close a street. i i PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 2 Senior Plana displayed a graphic illustrati( and described the two proposed plan options the applicant has designed to deal with the intersection of Naeve Street and 109th Avenue. He explained that the first option was distinguished .by a cul-de-sac; and there was an access street off the cul-de-sac which would be designated for"use only by emergency vehicles. Option 2 featured a "T" intersection where Naeve. Street meets 109th Avenue. He said staff was recommending approval of the proposal with the implementation of the second option. He cited reasons for choosing the second option; and he reviewed the letters received from area residents. APPLICANT'S PRESENTATION o Paul Norr, 808 SW Alder, Suite 200, Portland, stated he is an attorney representing Triad Limited Partnership. He summarized the involvement of City staff, local residents, and City Council. He addressed the conditions recommended by staff, saying applicant has no objections to the conditions with the exception of #4 (page 18, Staff Report). He elaborated on the condition, which requires that applicant "...provide evidence that any driveway relocations are satisfactory to the owners of the properties served by the relocated driveways." He suggested applicant satisfy City Engineer rather than property owners. He also discussed the variance request which pertains to the grade of 109th Avenue. o Ross Woods, P.O. Box 88070, Seattle, stated he is with Triad Development. He displayed an architectural rendition of the project and described the site, buildings and the amenities. He talked about the landscaping and the efforts to preserve trees in the development. o Greg Weston, 3681 SW Carman Drive, Lake Oswego, said he is a civil engineer with of Kampe Associates. He discussed the planning phase and the initial traffic considerations. He advised that the steep grade of 109th Avenue presented some safety concerns. He explained the plan for alignment of 109th and Naeve. He clarified the driveway access to the Law's property and the access to<the nursery. o Wayne Kittleson, 512 SW Broadway, Portland, stated he is a registered professional traffic engineer with Kittleson and Associates. He said he performed a comprehensive transportation analysis of the impacts associated with the proposed development on the site access drive and the surrounding street system. He summarized the study methodology and findings. He advised the findings showed: 1. all intersections within the study areas would operate at acceptable levels of service during peak hours under both of the options under consideration; and 2. the intersection at Pacific Highway and Naeve Street would operate effectively without signalization after the development of the subject site. PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 3 Mr. Kittleson. answered questions from the Commissioners, clarifying trip ' ' volume and d'. ;ribution. He also addressed s(. .-generated traffic impact on Summerfield, which amounted to 60 vehicles expected to travel through the community during each peak hour. There was further discussion about signalizing intersections and levels of service currently and in the future. ' o Paul Norr spoke again to summarize the previous information. He commented about the future need for a signal at Naeve Street and Pacific Highway. Meeting Recessed - 9:00 p.m. Meeting Reconvened - 9:10 p.m. E. PUBLIC TESTIMONY o Sue Carver, Chair of NPO #6, advised that the members passed the following motions at their August 15th meeting: 1. NPO requests that north end of 109th remain closed. 2. NPO requests that Triad redesign project to direct main flow i; of traffic to Naeve Street instead of 109th Avenue. E 3. NPO supports the plan option 2, since it will allow 109th to remain closed, and the "T" intersection will promote a safer r traffic flow than option 1. 4. NPO requests that Planning Commission require Triad to install a signal at the intersection of Haeve and Pacific Highway. f F ( o Max Miller, 888 SW 5th, Portland, said he represents the Summerfield Civic Association. He advised that Summerfield residents favor the first option; and he said the residents adamantly oppose option 2. He emphasized the importance of signs indicating access for EMERGENCY VEHICLES ONLY for the connection between the cul-de-sac and Naeve Street. He indicated disappointment that staff favored option 2. N- noted tat originally staff expressed concerned about adverse impact on Summerfield, yet staff now favors option 2 which would increase the traffic impact in adjacent neighborhoods. He suggested that option 2 does not meet Community Development Code, Comprehensive Plan or zoning ordinance because it does not preserve or enhance the character of adjacent areas. He pointed out Tigard Code 10.32.175, which allows golf carts to be used on Summerfield streets. He said increased traffic would jeopardize the safe use of golf carts on the community streets. In conclusion, he discussed the absence of direct access to Triad from a major collector; and he suggested the variance request is not necessary to the development of the property and should not be granted. He reiterated that Summerfield is in favor of option 1. i PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 4 o Dave Atkinsor 10460 S.W. Century Oak Drive, ~immerfield, said he favored opti( 1 over option 2. He described a community characteristics of Summerfield, and explained the positive impact older citizens have on the City and the importance of preserving this unique community. He mentioned there would be a problem protecting cars from golf balls near the golf course. He suggested that enforcing the EMERGENCY VEHICLES ONLY connection between the cul-de-sac and Naeve Street would be feasible with help from the Police Department. o Richard Watson, 10290 SW Highland Drive, spoke for Summerfield. He quoted from the introduction to the Comprehensive Plan with reference to maintaining and improving the existing quality of life for the residents. He expressed concern about the increased traffic volumes, which have been estimate at 600 - 1,000 additional cars per day. He said this would adversely affect the livability, safety, and amenities of Summerfield. He voiced support of plan option 1 as opposed to option 2. o Howard Graham, 9410 SW Lakeside Drive, Summerfield, said he is President of Summerfield Civic Association Board of Directors and represents all of Summerfield. He commented that the residents are not happy about the proposed high-density project, but they also wish to remain good citizens. Therefore, as a compromise with Triad and the City, Summerfield residents endorses plan option 1. i o Stephen McShane, Mayor of King City, City Hall, King City, spoke on behalf of the City Council. He indicated concern-about the intersection of Naeve and Highway 99. He said his community favored installing a , traffic signal at this intersection, because it would be more dangerous s without a signal. o Larry Derr, 2300 U.S. Bancorp Tower, 111 SW Fifth, Portland, said he is representing Mr. Helmut Kiffman who is a property owner to the north of the proposed Triad project. He reported that his client is concerned about traffic circulation, and requests that S.W. 109th Avenue be left open at north and-south-ends. He discussed the Comprehensive Plan requirements and the current lack of legal authority to close a public street. o Beverly Froute stated she represented NPO #3. She said the NPO was .concerned about the intersection at Naeve Street and Pacific Highway. She requested that the developer work with the Covenant Company to widen the street in front of their property to allow for a center turn lane and a right turn lane. She also suggested placing a condition on the applicant to participate in the cost of a traffic signal when it is installed in the future. She advised that the NPO favors leaving all streets open. o John Bennett, 15550 SW 109th Avenue, said he lives at the foot of Little Bull Mountain. He expressed concern about the traffic study figures K t PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 5 offer d b the deve11o r. oin d.out that additional dev 1 m °t is expec ed o occur wi~i~~i wou~ed ~esu in adverse traftlC impact ~g at neighborhood. He requested that steps be taken to eventually close the street at Naeve. o Marge Davenport, 15100 SW 109th, Tigard, said she is a member of NPO #6. She spoke in opposition to the Triad Development and requested that 109th Avenue remain closed. She pointed out the grade is steeper than the allowable 15%. She noted that 109th Avenue is designated as a local street, which is not designed to carry the projected 800 cars per day. Ms. Davenport spoke about the unsafe situation brought about by a line-of-sight problem, the steep grade, and difficult access to emergency vehicles. She read a memo from Tualatin Valley Fire Marshall (Exhibit A), who would like to withdraw his recommendation to open 109th at the top of the hill because he would like to further research and study the issue. She asked the Planning Commission to consider the character of the neighborhood which will be adversely affected by the traffic from the Triad project. o Steve Abel, 1211 SW 5th Avenue, Suite 1800, Portland, said he is an attorney practicing with Schwabe, Williamson and Wyatt; and he stated he was representing Bernard McPhillips who resides at 15100 SW. 109th Avenue. He described the location of his client's residence north of the section of 109th which is not completed. He explained that his client does not wish to have 109th opened to traffic because of adverse traffic impact. He noted that the Comprehensive Plan calls for a local street to provide direct access to and from the neighborhood and allow the flow of traffic within a neighborhood. He discussed the Code requirements for a local street which call for 0-1500 vehicles per day and speeds of 25 miles per hour. Opening 109th, he said, would create a by-pass situation. He commented that the characteristics of neighborhood would not be preserved is 109th Avenue is opened at the top of the hill. Mr. Abel discussed the traffic study and the projected volume and the route alternatives. He advised that variances were intended for privately owned property and not for public streets; and he said this situation did not present a hardship for the developer. He recommended keeping 109th Avenue closed. o Lenore Schuster, 14962 SW 109th, said she represented residents of Canterbury Woods, which is north of the proposed project on the east side of 109th. She favored leaving 109th closed at the top because of the steep grade and unsafe intersection where 109th reaches Canterbury Lane. She said her community would prefer that traffic be directed away from Canterbury Woods. REBUTTAL o Paul Norr said traffic studies were done addressing the possibility of 109th Avenue being open, and these studies were in the file. He called upon Greg Weston to address the questions pertaining to the steep grade of the street. rt'. PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 6 _ i 'o Greg Weston,(.'.th Kampe and Associates, spoke ain about the steep grade. He advised that the road can be brought to 15% grade. He discussed the driveways which would be affected. He answered questions about using Beef.Bend Road, explaining that..Oregon Department of Transportation (ODOT) would not approve using Beef Bend Road. o Wayne Kittleson spoke about the traffic analysis performed which included a study of 109th if it were opened. P. r o Paul Norr commented further that Tigard's Comprehensive Plan and all the f City's codes would be met except for the 12% grade requirement; and the, 15% grade is approved by the Fire District and approved 6y City staff. He answered questions from Commissioners concerning alternatives to the steep grade. s Legal Counsel Grillo answered questions pertaining to variance ~ standards; and he interpreted Section 18.134.020 section A and B as not limiting variance provisions to private property. He addressed the subject of street closure, advising there are no standards defining street closure at this time. He noted that designations in the Comprehensive Plan may limit actions such as opening a street if this action would change the character of the neighborhood. ti. Commissioner Fessler discussed proposed street improvements and the possibility of a non-remonstrance agreement for installing a traffic signal. Commissioner Castile raised the issue of opening 109th and changing the traffic volume higher than allowed for a designated local street. There was discussion about the Comprehensive Plan and amendments. Senior Planner explained that staff favors option 2 because option 1 has an intersection which would be substandard. He also cited the problems s associated with the access to be signed FOR EMERGENCY VEHICLES ONLY. There was discussion regarding providing additional access to Naeve and eliminate some accesses to 109th. Senior Planner discussed code requirements and traffic flow. PUBLIC HEARING CLOSED o Commissioner Fessler said traffic projections indicate the possibility of local street becoming a minor collector. She noted that Tigard lacks sufficient number of through streets for proper circulation. She favored option 2 with a more direct route into Summerfield. o Commissioner Castile said he would prefer to save the integrity of Summerfield, and continue to have 109th closed at the top of the hill. He spoke about future development in the area. o Commissioner Fyre discussed the problems with each option. For traffic safety reasons, he favored keeping 109th closed at the top and closing it at the bottom of the hill. a "r PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 7 o Commissioner(saporta favored option 1 and lack of continuance of 109th Avenue. o Commissioner Barber favored option 2 with a non-remonstrance agreement. o Commissioner Boone agreed with Commissioner-Fessler.about the lack of sufficient through streets. He commented on the street layouts, which do not promote circulation. He favored opening 109th Avenue at the top. o Commissioner Peterson said the property has a P.D. overlay, giving Commission a right to look at the matter carefully. He favored alternative i as it would tend to protect Summerfield from severe traffic impact. o President Moen agreed with previous comments regarding Tigard's need for more through streets and better circulation. He favored connecting 109th to the north and building to minor collector standards. t o Commissioner Fyre expressed concern about the volume of traffic which will be using 109th Avenue and will impact Summerfield adversely. He favored option 1. s t o Dorothy Adamski, 10950 SW Naeve, Summerfield, was asked to speak regarding her property which would have a driveway onto the emergency d access lane. She testified that she was concerned about the-access to her home by delivery workers, postal workers and automobiles of family members and visiting friends if the only entrance to her driveway was from the emergency drive. There was discussion regarding this private driveway. Mrs. Adamski also asked about access to Summerfield, which would be blocked by option 1. There was further discussion about difficulty enforcing the EMERGENCY VEHICLES ONLY aspect. r * Commissioner Peterson moved, and Commissioner Saporta seconded, to approve SDR 90-0004, PDR 90-0002, and VAR 90-0007 with plan option 1, with a non-remonstrance agreement for a signal at Naeve when it becomes necessary; with street built to minor collector standards; with the emergency access signed to read EMERGENCY VEHICLES ONLY; developer to work with staff to determine a way to route the private driveway of the Adamski property onto one of the two public streets; and item 4 of the conditions to require developer to satisfy staff rather than property owners for any relocation of driveways. Motion was passed by a 6 to 2 majority vote of Commissioners present. Commissioners Boone and Fessler voted "nay." 5.3 SIGN CODE EXCEPTION SCE 90-0004 VARIANCE VAR 90-0022 RUSS CHEVROLET (NPO #5) A request for Sign Code Exception and Variance approval to allow three freestanding signs on site where one is normally allowed. E Two signs are requested on SW Hall Boulevard and one sign on SW Pacific Highway. applicant requests a Variance to increase the height of the ' sign on Pacific Highway from the allowed 20 feet to 30 feet. ZONE: C-G (General Commercial) LOCATION: 11880 SW Pacific Highway (WCTM 2S1 1 BB, tax lot 401, and 2S1 1BB, tax lot 700) PLANNING COMMISSION MINUTES - SEPTEMBER 4, 1990 PAGE 8 E CITY OF TIGARD.PLANNING•COMMISSION FINAL ORDER NO. 90-22 PC A FINAL'ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES-AN APPLICATION f FOR A PLANNED DEVELOPMENT (PDR 90-20), SITE DEVELOPMENT REVIEW (SDR 90-0004), AND VARIANCE (VAR 90-0007) REQUESTED BY TRIAD DEVELOPMENT, INC.. 2> The Tigard Planning Commission has reviewed the above application at a public hearing on September 4, 1990. The Commission has based its decision on the facts, findings, and conclusions noted below. ' Ij. A. FACTS r. i 1. General Information CASE: Planned Development PDR 90-0002 Site Development Review SDR 90-0004 Variance 90-0007 r: REQUEST: Planned Development detailed review/Site Development Review of a plan for development of a 364 unit, 17 building multi- family residential complex on a 27.2 'acre property. Also requested is a variance to allow a maximum local street grade of 15% where a maximum grade of 12% is allowed. 1 APPLICANT/ENGINEER: Kampe Associates, Inc. 3681 SW Carmen Drive. Lake Oswego, OR 97035 } e: ARCHITECT: Driscoll Architects 2121 First Avenue, Suite 102 Seattle, WA 98121 OWNERS: Triad Tigard, Ltd. Partnership 320 Andover Park East Seattle, WA 98138 LOCATION: North of. Naeve Street, west of SW 109th Avenue, south of the Little Bull Mountain Apartments (WCTM 2S1 LOAD, Tax Lot 9300; WCTM 2S1 10AC, Tax Lots 600, 700, 800, 900; WCTM 2S1 lODB, Tax Lots 100 and 200). PLAN DESIGNATION: Medium Density Residential (23 acres) Medium-High Density Residential (4.2 acres) ZONING DESIGNATION: R-12 (PD) (12 units/acre-Planned Development overlay) (23 acres) R-25 (PD) (25 units/acre-Planned Development) (4.2 acres) FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 1 r 2. Backar4und 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 RD-4 (Residential, 4 .units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of the parcels from Low Density Residential to Medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for the properties would be required to be reviewed by the Planning 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 corner of Durham Road and Pacific Highway. This approval redesignated these properties from High Density Residential to General Commercial. The result of this decision was the removal of the opportunity for approximately 400 potential multi-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 Urban Planning Area. ( The Albertson's CPA was granted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the city, including Tax Lot 200, were considered for increased 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 Plan Amendment CPA 87- 07(G)/Zone Change ZC 87-02 (G)). No change in designation was proposed for the eastern half of Tax Lot 200 or the other parcels that are the subject of the current application. Redesignation of the western half of Tax Lot 200 and the adjacent parcel was approved by the City Council on April 13, 1987. In April, 1989, the owners of Tax Lot 200 requested a Plan Map Amendment from Medium Density Residential to Medium-High Density Residential, and a Zone Change from R-12 (PD) (Residential, 12 units/acre, Planned Development) to R-25 (PD) (Residential, 25 units/acre, Planned Development) for the eastern 4.27 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. No other applications regarding that property have been reviewed by the City of Tigard. FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 2 i Tax Lot 100, which is located at the. northwest corner of the intersection of SW Naeve. Street and • SW, 109th Avenue;., ,was the subject of a Subdivision/Pl'anned Development review by the Planning Commission, on June 6, 1989 (Subdivision S 89-07/Planned Development PD 89-01). That application requested Planned Development detailed plan approval and subdivision preliminary plat approval to divide the approximately 10.3 acre parcel into 60 lots intended for single-family residential development. The proposed subdivision would have included a north- south street running through the approximate center of the parcel with connections to SW 109th Avenue, as well as to the property to the west. SW 109th Avenue was proposed to terminate in a cul-de-sac bulb at the northern end of the subdivision. SW 109th was to be improved to local street standards and have a number of single-family lots fronting on it. The proposed subdivision was approved by the Planning Commission but has yet to be recorded. Also on June 6, 1989, the Planning Commission reviewed a proposal for Planned Development/Site Development Review approval of -a request to construct a 72 unit apartment complex on Tax Lots 900 and 9300 north of the previously described proposed subdivision (Planned Development PD 89-02, Site Development Review SDR 89-06, Variance V 89-20). The Planning Commission approved the proposed development plan which included a cul-de-sac bulb at the end of the northern 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 multi-family residential character on the top half of f Little Bull Mountain from the primarily single-family residential character of the neighborhood along the south slope of Little Bull Mountain and the properties to the south. The 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, Terry Cook, requested that the. hearing for reconsideration be indefinitely postponed until the applicant determined whether to pursue the application further. On May 8, 1990, the Planning commission approved,subject to conditions, an application submitted by Triad for a 364 unit apartment development on the subject property. This decision was called up for review by the City Council. The decision was also appealed by an abutting property owner. At a public hearing on June 25, 1990, the FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 3 s r Council decided to 'remand'.the application to the Planning commission. for further consideration..'. The application -which is now befdre '.the. Commission is. an amended version of the proposal that was reviewed on May 8, 1990. No other land use or development applications have been reviewed by the City for Tax Lots 600, 700, and 800. 3. Vicinity Information The development pattern in the area of the subject site consists of existing duplexes and a 130-unit multi-family development to the north; a condominium development to the northeast; single family residences and a nursery on large lots to the east; an undeveloped parcel covered with tall fir trees to the west; Pacific Highway and Ring City further west; and the Summerfield planned community to the south. The existing zoning pattern in the area is illustrated on Exhibit One. The subject property has approximately 890 feet of frontage on SW Naeve Street. SW Naeve Street is designated as a minor collector street by the City's Transportation Plan Map. SW Naeve Street is generally substandard in width and' state. of improvements, with the exception of the frontage of the Fountains at Summerfield development to the south. Half-street improvements, including approximately 30 feet of pavement, curbs,. a sidewalk, and streetlights have been installed along the Fountains frontage. Pacific Highway, a 4-lane divided arterial, is located approximately 500 feet west of the subject property. A left-turn lane is provided for southbound traffic onto SW Naeve Street. The Intersection of SW Naeve Street and Pacific Highway is not signalized. The subject parcels have approximately 1,500 feet of total frontage along the alignment of SW 109th Avenue. SW 109th Avenue, north of the intersection with SW Naeve Street, is a steep gravel road extending approximately 1,200 feet to a dead end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet of frontage along this northern section of SW 109th Avenue. SW 109th Avenue is classified as a local street by the Transportation Plan Map. Also, the northwest portion of the site has approximately 360 feet of frontage on SW Pacific Highway. No improvements are proposed along that site frontage. 4. Site Information and Proposal Description The subject 27.2 acre property until recently contained houses on Tax Lots 200, 700 800, and 9300. The remainder of the property is vacant, covered with a combination of tall fir trees, lower deciduous trees ` FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 4 and brush. The property slopes predominantly to the southwest at .varying, grades.: Approximately 0.8 acres on •t8.x lots 600, 700, and 800 • . has,a slope of greater than.25 percent.. ' The applicants propose to develop a 364 unit apartment complex on this site. The development would include 120 one-bedroom, 148 two-bedroom, and 96 three bedroom units for a total of 364 units. All buildings would be two stories tall. Also proposed would be a recreation building located near the center of the site, approximately 400 feet north of SW Naeve Street. A gymnasium, pool, playground areas, and walking path are proposed to provide recreational facilities for the proposed development. The areas of tax lots 600, 700 and 800 would not include any new improvements. Parking would be provided by 701 total parking spaces consisting of 368 covered parking spaces (combination of garages and under apartment buildings), 14 designated handicapped parking spaces, and 319 other uncovered spaces. The development would be served by one 36-foot wide primary access driveway from SW Naeve Street, as well as four 30-foot wide access driveways onto SW 109th Avenue. The internal roadway system would connect these driveways along the primary roadway extending northward through the site. A network of five-foot wide sidewalks would be provided along the primary roadway and between parking areas and residential buildings.. A north-south soft surfaced pathway would also be provided through landscaped and tree covered area on the eastern portion of the site. The preliminary landscaping plan shows existing trees that are proposed to be retained. The area along SW Pacific Highway on tax lots 600, 700 and 800 is to be left with the existing vegetation. The landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the site to create a park-like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. A painted chain link fence would be included in the buffer areas. The site plan notes a 5-foot wide right-of-way dedication along SW 109th Avenue and construction of three quarter street improvements including pavement, curb and sidewalk. The plan would connect the paved northern section of SW 109th with the currently unpaved central section of SW 109th. The site plan also notes a 10-foot wide right- of-way dedication along SW Naeve Street as well as construction of three quarter street improvements. In order to address the concerns expressed during the previous hearings, the applicant has submitted a revised site plan, dated July 31, 1990, that features a slight adjustment of building locations to accommodate a realignment of SW 109th Avenue and SW Naeve Street in the southeast corner of the property. Two SW 109 Avenue/SW Naeve Street alignments have been presented by FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 5 the applicant which both include a modification of present intersection into a curved. connection between the two streets.- One - option features '.'a cul-de-sac' for SW 109th Avenue and a'.25 foot wide, paved emergency access route between SW 109th Avenue and SW Naeve Street. The second alternative calls for a standard "T" intersection formed by a northwestern extension of the paved southern portion of SW 109th Avenue into the proposed curvilinear connection of SW Naeve Street and the middle portion of SW 109th Avenue. Adequate driveway access will be retained for properties that abut either street. 5. Agency and NPO Comments The Engineering Department has reviewed the proposal and has offered .the following comments: a. The site has frontage onto SW 109th Avenue, SW Naeve Street, and SW Pacific Highway. SW 109th Avenue is a gravel surfaced local street with the northern portion unimproved. The applicant has shown the street to be improved connecting Naeve Street to the existing 109th Avenue extending from Canterbury Lane. The improvements are shown to consist of 3/4 street improvements, (half street plus 10 feet) at recommended by staff., The preliminary profile indicates the grade to be 15 percent, the maximum allowed by the Fire District. Due to the slope of the existing ground, no alternative to this road grade is available. SW Naeve Street is a partially paved, mostly gravel surfaced minor collector street. Three-quarter street improvements (half street plus 10 feet) should be provided where the graveled surface exists along the site's frontage. Interim improvements should be provided to the gravel portion of Naeve Street between the site and Highway 99W. The interim improvements should consist of a minimum of three inches of asphaltic concrete, 24 feet wide, over ten inches of aggregate base rock. The existing gravel section can be included in determining the depth of additional base rock required. Pacific Highway is under the jurisdiction of the State of Oregon. Existing improvements consist of the paved roadway with a gravel shoulder and a ditch. The State has requested that curb, sidewalk and drainage improvements be provided along the site's frontage. b. Regarding the two revised Triad proposals for the design of the SW Naeve Street and SW 109th Avenue intersection: 1. Both of the proposals appear to meet the minimum standards for streets and utilities. 2. Following review of additional traffic and design analysis FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 6 by the applicants, we now support the use of Naeve Street as• the primary access route to.the development. • For, additional explanation; see the 7-24-90 letter from. Lee GundeYaon of'. . the State Highway Division and Randy Wooley•s 7-19-90 letter to Ronald Kampe (attached as Exhibit "A"). 3. At the time of detailed construction plan submittal, the applicants should be required to show how minimum sight distance will be maintained at all driveways, especially at the most southerly Triad driveway to SW 109th Avenue. The landscaping plan needs to be coordinated with the grading plan to assure driveway sight distances are adequate. 4. In the plan that calls for relocation of an existing driveway on the east side of 109th Avenue, the applicant should be required to provide evidence that the driveway relocation is satisfactory to the owner of the property served by the relocated driveway. 5. One proposal calls for a driveway-type connection between Naeve Street and 109th in Summerfield. Use of the driveway is to be restricted by signing.. It is our opinion that the use restrictions would be difficult to enforce. We are not optimistic that this driveway would prevent the flow of traffic between Naeve and Summerfield. We do not recommend this option. c. King City and others have requested that a traffic signal be installed at the Naeve/99W intersection as part of the Triad development. We do not object to the signal installation. However, prior to making this a requirement, we need to verify whether the State Highway Division would allow a signal to be installed at this time. We have asked the State this question and are awaiting a response. d. Most of the site slopes toward Naeve Street which then drains to 109th Avenue and Pacific Highway. The proposed storm drainage system is shown to collect runoff from the developed portion of the site and discharge into an existing system in 109th Avenue at Naeve Street. Presently a portion of this area drains toward Pacific Highway along Naeve Street. This development should reduce the drainage toward Pacific Highway from the site. The existing pipe to be connected to in 109th Avenue should be evaluated to determine if it has adequate capacity to handle ultimate development of the entire drainage basin. e. Sanitary sewer is proposed to be extended through the site from the system at the corner of Naeve Street and 109th Avenue. This system has adequate capacity to serve the site. The Oregon State Highway Division has reviewed the proposal and has commented that curb, sidewalk, and storm drainage is required along FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 7 i r" the site's Padific Highway frontage'.' 'a' ,subsequent ietter, dated. July 24, 1990 (Exhibit "A"), 'the Division' indicated -that it had reviewed the alternatives for primary access to the project at Naeve Street or at the present Beef Bend Road intersection and was strongly in favor of the Naeve Street alternative. The Tigard Water District has reviewed the proposal and has noted that the site requires service from two water pressure zones. Zone 1 is supplied by the pressurized system on the top of Little Bull Mountain. Zone 2 is a gravity system from the existing water 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 2-inch 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. The Tigard 'School District has reviewed the proposal and has noted that the proposed complex is located within the Templeton Elementary/Twality Junior High attendance boundaries. This proposed development, along with 31 other currently proposed developments, is anticipated to generate 67 new students for Templeton. Elementary and 89 students at Twality Junior High. The Tigard School District may not be able to accommodate these students at those schools. Prospective occupants should be advised that students may need to be bussed to other schools. After the District completes its new middle s school in 1992, there should be room available at Templeton Elementary and Twality Junior High Schools. The Tualatin Valley Fire and Rescue District has reviewed the proposal and has commented that hydrant locations will need to be coordinated between the Fire District and the Tigard Water District. After reviewing the two proposed modifications of the SW 109th Avenue and SW Naeve Street intersection, the District indicates that the emergency access connection would be acceptable if 1) provisions are made to prohibiting parking and/or increasing the pavement width to provide a minimum unobstructed driving surface of 20 feet, and 2) the SW Naeve Street entrance provides an outside turning radius of 45 feet and an inside turning radius of 25 feet to allow for adequate emergency vehicle access. The second option which features the standard public street connection between the two streets is preferred by the District because it provides increased pavement widths and easier turning movements for emergency vehicles. The Tigard Police Department has reviewed the two SW 109th Avenue and SW Naeve Street connections and indicates that the emergency access connection would be acceptable but the Department is concerned because it will not be able to commit the resources necessary to enforce the FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 8 intended prohibition for through traffic.'. The second alternative..., which utilizes a standard'.public street intersection 'is recommended by the Department. The original comments from the City of Ring City indicated that the City was concerned with the volume of runoff that would drain westward from the site to a storm sewer on the east side of Pacific Highway and into the King City storm sewer system. In addition, Ring City was concerned about chemical run-off from impervious surfaces that would ultimately flow into the Tualatin River. After reviewing the recent transportation alternatives, King City submitted a letter dated August 9, 1990 which makes the following points: a. King City accepts ODOT's determination that the access should be located at Naeve Street. b. The Pacific Highway/Naeve Street intersection should be signalized at the expense of the developer prior to the issuance of.occupancy permits. Neighborhood Planning Organization 6 -has reviewed the proposal and recommends the following: a. SW 109th Avenue remain closed as it is presently at the north end of gravel portion of the street. b. The site plan should be redesigned so that the focus of the main traffic flow from the project is directed to SW Naeve Street instead of SW 109th Avenue. C. With SW 109th Avenue to remain closed at the top of the hill, the standard street intersection design for SW 109th Avenue and SW Naeve'Street proposed by the applicant is supported. The' NPO feels this allows safer access for neighborhood traffic and emergency vehicles. d. The NPO favors the Beef Bend intersection as the primary access and egress to the Triad development but if this proves not to be feasible, the NPO requests that the City require Triad to install a signal at the intersection of SW Naeve Street and SW Pacific Highway as condition of approval to the project. The City of Tigard Building Division, Washington County Department of Land Use and Transportation, Metro Area Communications Commission, PGE, and GTE have reviewed the proposal and have issued no comments or objections. A copy of a letter, dated July 30, 1990, from Charlotte Tice of the Summerfield Civic Association to Triad Development indicated that the Association's Board of Directors and interested residents were in FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 9 f f support of the emergency access connection between SW Naeve Street'.and SW 109th Avenue •'and that,• the accesd must have signs**stating .:"For Emergency Vehicles Only°. No other comments from reviewing agencies have been received. Comments regarding this application from individuals were submitted to the Commission during the hearing. B. ANALYSIS R-25 and R-12 Zoning Districts Multi-family residential use of the site is a permitted use in both the R- 25 and R-12 Zoning Districts. 96 dwelling units are proposed on area that provides an opportunity for approximately 101 units in the area of the site designated with the R-25 zone. 268 dwelling units are proposed on area that provides a maximum opportunity for 270 dwelling units on the portion of this site that is designated with the R-12 zone. The applicant's density calculations are noted on sheet A100 of the proposed site plan. Proposed site improvements comply with both the R-12 and R-25 district requirements for building height (45 foot maximum allowed; 35 foot maximum height proposed), lot coverage (maximum allowed site coverage -of 80 percent; proposed site coverage of less than 50 percent), and landscaped area (minimum landscape coverage of 20 percent; proposed landscape coverage of greater than 50 percent). All proposed building locations satisfy minimum building setback requirements except for proposed building M along SW 109th Avenue which intrudes slightly into the required 20 foot corner yard setback. Revisions should be made to the site plan to place this building in conformity with the setback standard. Site Development Review The proposal complies with Community Development Code Chapter 18.120 Site Development Review standards for provision of private outdoor areas (balconies), shared recreation facilities, (swimming pool; recreation center, pathways), screening of service facilities, multi-family residential building separation, and design offsets along building faces. Dwelling units and the recreation center have been situated toward the interior of the site so as to reduce possible noise impacts on neighboring properties and to increase visual privacy between adjacent uses. Reasonable care has been taken to preserve a number of mature trees on the site as shown on the grading plan. Other Site Development Review standards related to other Community Development Code standards are reviewed below. Access and Circulation/Roadway Improvements The proposal satisfies Community Development Code Chapter 18.108 standards for internal roadway widths (minimum width of 24 feet), number of access points (5 required; 5 provided),and pedestrian circulation. In addition, the proposed roadway system will provide good emergency vehicle access and FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 10 maneuverability through the site despite the steep grade. The Commission agrees with -the NPO that primary access to-this bits' from Pacific Highway would be preferable to the proposed plan with respect to reducing impacts upon local streets and adjacent uses. Direct access to SW Pacific Highway is not possible and the plan does provide for the primary access to be on SW Naeve Street, a minor collector street, a short distance i. from its intersection with Pacific Highway, an arterial. However, the development will have four entrances on SW 109th Avenue and a significant number of the vehicles entering and leaving the site will use these driveways and this street. The Comprehensive Plan's locational criteria for Medium Density Residential and Medium-High Density Residential Plan designations with regard to access to collector streets and arterials are used' for determining how properties are to be designated for future use and are not intended to be t, determinative of where all accesses for a development are to be placed. To require all five required accesses for this development to be located on its collector street and arterial frontages would result in poor internal' circulation, inadequate emergency vehicle access, and possible traffic safety problems on SW Naeve Street because of the number of locations where vehicles would be making turning movements. Limiting the 'number of accesses to the proposed development, as the NPO recommends, will result in poor internal circulation and emergency vehicle access as well as overloading remaining driveways with too much traffic. Based upon the comments received, the Planning Commission determined that SW 109th Avenue be should be opened to the north. The minor collector street standard shall be extended from the SW Pacific Highway/Naeve Street intersection, east on Naeve Street and continued north on SW 109th Avenue to the north boundary of the project. The street intersection design, as depicted in the applicant's first alternative, for SW 109th Avenue and SW Naeve street will also be required. These transportation decisions are supported by the expressed concern of several of the surrounding residents that the improvement of SW 109th Avenue to local street standards would be inadequate to accommodate the four proposed driveways. The additional street width afforded by the minor collector street standard will provide a street that is -able to allow adequate vehicular access. The needs of the Police Department and Fire District for adequate emergency access within neighborhoods shall be satisfied by the limited access design between the southern section of SW 109th Avenue and SW Naeve street and the connection of SW 109th Avenue near the top of Little Bull Mountain. The permanent closure of SW 109th Avenue would create a dead-end street that is far in excess of the 400 foot length allowed by the Community Development Code. Pedestrian access between neighborhoods will remain available with the arrangement described above. Parking The site plan provides for an appropriate number of parking spaces for a 364 unit apartment development (594 parking spaces required; 701 parking FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 11 spaces provided), coveredparking spaces (364 covered parking spaces required; 368•spaces provided), and:' allowable' compact •'to:total required parking space distribution.' The site plan appropriately designates 14 handicapped accessible parking spaces that are distributed throughout the site (a minimum of 14 designated handicapped accessible spaces are required). It is recommended that several of these designated handicapped parking spaces be located under cover to better serve the needs of handicapped residents of the proposed development and handicapped visitors. Landscaping The proposed landscaping plan provides appropriate locations, types, spacing and sizes for required street trees. The plan also provides appropriate understory plantings along the site's frontages to reduce the impacts of on-site traffic lights on adjacent uses and traffic on the abutting streets. The plan provides for a row of evergreen trees along the site's northern boundary to provide the required buffer area between this site and the adjacent existing apartment complex. Proposed internal site landscaping will provide appropriate numbers of parking area trees, provide buffering and screening between the proposed buildings, and should supplement the trees and other existing vegetation that is to be retained to make an attractive-development. The proposed development and its attendant significant amount of grading will necessarily require removal of a number of large trees. Reasonable care appears to have been taken to plan the development with respect to retaining a significant amount of the existing mature trees. The western ( section of the site above Pacific Highway will retain its existing vegetation. A detailed tree survey of the balance of the site will need to be submitted with.the revised site and landscaping plans. If possible, the applicant should endeavor to retain more mature trees in areas that will not undergo grading. A tree removal permit will be required before trees with a diameter of six inches or greater can be removed. An arborist's report will be required prescribing measures to be followed for protection of existing trees to be retained. The amended site plan will require corresponding adjustments to the landscaping plan that was part of the original submittal. Special consideration will be necessary regarding visual clearance in the area of SW 109th Avenue and SW Naeve Street. Also, the type of landscaping and the method for maintenance of the area between the present and proposed alignment of these streets must be presented for Planning staff approval. Signs The site plan shows signs to be located at the development's SW Naeve Street entrance and along SW Pacific Highway. sign details are not included. Community Development Code Section 18.114.130 permits housing complex identification signs to be located only at entrances to the development. The sign along SW Pacific Highway should be removed from the necessary revised site plan prior to building permit issuance. A Sign Code Variance to allow this sign location may be applied for separate from the FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 12 current application. Sign permits must be obtained prior to erecting any sign. B. FINDINGS AND CONCLUSIONS The applicable criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 3.1.1, 3.4.2, 6.1.1, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1, 7.5.2, 7.6.1, 8.1.1, 8.1.21 and 8.1.3 and Tigard Community Development Code Chapters 18.54, 18.56, 18.80, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. (Source: Planned Development Approval Standards - Code Section 18.80.120 and Site Development Review Approval Standards - Code Section 18.120.180). The. Planning commission has determined that the proposal, with the modifications noted in this final order, should be required to be -made prior to building permit issuance, is consistent with applicable portions .of the Tigard Comprehensive Plan based upon the following findings: 1. Policy 2.1.1 is satisfied because the NPO, CPO, and affected agencies have been notified of this proposal and given an opportunity to comment. 2. Policy 3.1.1 is met because the portion of the property which has slopes over 25% is to remain in its natural state. 3. Policy 3.4.2 is satisfied because wooded sites such as this are to be reviewed through the Planned Development process. 4. Policy 6.1.1 is satisfied because the City is obligated to provide for a variety of housing types and rent levels. This multi-family project will add to that diversity in a community that is predominantly developed with single family residences at lower densities. 5. The preliminary landscaping plan satisfies Policy 6.6.1 by providing suitable building setbacks and landscaping between this project and the properties designated for single family development on the east side of SW 109th Avenue. All other properties in the immediate vicinity are designated for multi-family use. 6. Policy 7.1.2 is met because adequate public water, sanitary sewer, and storm sewer facilities are or will be made available to the project and will be constructed to-City and Tigard Water District standards. 7. In order to satisfy Policy 7.2.1, the applicant will, as a condition of approval, provide an appropriately engineered plan for disposing of storm water runoff from the site in a manner that will not adversely affect any downstream property owners or jurisdictions. 8. Policy 7.4.4 is met because the entire apartment complex shall be connected to the public sanitary sewer system. FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 13 9.. Policies 7.5..l'. 7.5.2; .and - 7,6:1 have. been ..sat sfied because the Tigard Police. Department and, the Tualatin Valley. Fire bistrict• -'have been involved in the review'of this application and 'have offered comments that been incorporated into this decision. 10. Policy 8.1.1 calls for the provision of a safe and efficient street system that meets current needs and anticipated future growth and development. This policy is satisfied because: a.' The main driveway entrance to the development is on SW Naeve Street which is a minor collector street intended to accommodate this volume of traffic. Secondary access is provided onto SW 109th Avenue, which will in turn direct traffic from the development south on a street designed to minor collector standards to SW Naeve Street or north to SW Canterbury Lane, a minor collector. As indicated in the applicant's traffic report, some traffic will travel south of SW Naeve Street on SW 109th Avenue if the street is left open. The proposed emergency access connection between SW Naeve Street and SW 109th Avenue will largely eliminate the potential for southbound traffic on SW 109th Avenue through Summerfield. b. The applicant will be responsible for the construction of street improvements along the frontage of the development 'to City standards with the exception of the maximum street grade for SW 109th Avenue which is justified in the variance section of this fianl order. C. The design of the emergency access connection. for SW 109th Avenue and SW Naeve Street is the best option for providing necessary police, fire district, and ambulance access between neighborhoods. d. The proposed street plan as amended by the Commission, is consistent with this policy because it would not create a dead- end street which exceeds the maximum of 400 feet required by the Community Development Code. Also,. the purpose of the requirement for minor collector street standards for both SW Naeve Street and 109th Avenue is to provide a linkage between neighborhood streets and SW Pacific Highway. 11. Policy 8.1.2 is satisfied because the State Highway Division and the Washington County Department of Land Use and Transportation have been involved in the review of the transportation issues pertaining to this application. 12. The conditions of approval for this project will ensure that Policy 8.1.3 is satisfied because: a. The development abuts two public streets and five driveway accesses, as required by the Community Development Code, will be provided to distribute traffic entering public streets from the FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 14 Proposed.development•.: b. Sufficient street right-of-way shall be dedicated as a condition of approval along SW 109th Avenue and'SW Naeve Street. C. The applicant will be responsible for the improvement of SW 109th Avenue, SW Naeve Street, and SW Pacific Highway in a manner that is consistent with City and State standards, with exception of the street grade of SW 109th Avenue. However, this variance is found to be justified as noted in this final order. Also, an interim street improvement will be provided between the property and SW Pacific Highway. d. The applicant has indicated a willingness to participate in the installation of a traffic signal at the SW Naeve Street and SW Pacific Highway intersection. The State Highway Division has commented that a traffic signal at SW Pacific Highway and SW Naeve Street is not warranted at this time and will not be permitted. However, it acknowledged that a signal will probably be necessary in the future. Because of this likelyhood, the Commission shall require that the applicant sign a non- remonstrance agreement to participate in any future local improvement district (LID) to provide a signal. e. Due to the location of the project, a bus turnout is not necessary. f. Parking spaces for disabled persons will be provided as required by City and State standards. g. The property is not affected by the adopted bicycle/pedestrian plan for the City. The Planning Commission has determined- that the proposal, with the modifications noted in this decision, is consistent with applicable portions of the Community Development Code based upon the following findings: 1. Chapter 18.54 (R-12 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-12 zone with the exception of the corner yard setback intrusion of proposed building M. The site plan should be revised to locate that building in conformity with the corner yard setback requirement. 2. Chapter 18.56 (R-25 Zone) is satisfied because the proposal conforms with use, density, and applicable dimensional requirements of the R-25 zone applied to the western portion of Tax Lot 200. 3. Chapter 18.80 (Planned Development) is satisfied because the proposal is to be reviewed by the Planning Commission as required by the provisions of the Planned Development overlay zone. FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 15 I 4. Chapter. 18.92- (Density. 'Computations) is satisfied 'because the site ( plan provides an appropriate' calculation -Of the permitted siuinber: of ' housing units for the site and the proposed development would provide fewer than the allowed number of dwelling units. 5. Chapter 18.96 (Additional Yard Setback Requirements and Exceptions) is satisfied because the site plan provides for appropriate distances between multi-family residential buildings so as to assure privacy to residents and to also provide adequate light to all units. 6. Chapter 18.100 (Landscaping and Screening) is satisfied because plans for tree retention and added landscaping satisfy Code requirements for minimum site area landscaping, street trees, perimeter buffering, and vision clearance at intersections. The site plan should, however, be revised to retain additional existing mature trees in areas that do not need to be disturbed to accommodate the proposed buildings and roadways. A detailed tree survey and arborist's report must be submitted. 7. Chapter 18.102 (Vision Clearance Areas) is satisfied because proposed improvements at driveway/road intersections are located or sized with respect to maintaining clear vision for motorists and pedestrians. The southerly driveway and the SW 109th Avenue/SW Naeve Street intersection will be reviewed further by the Engineering and Planning Divisions for compliance with this portion of the Code. 8. Chapter 18.106 (Off-Street Parking) is satisfied because the site plan provides for the appropriate number of total parking spaces, covered parking spaces, compact/total parking space ratio, designated handicapped parking spaces, and parking area lighting. 9. Chapter 18.108 (Access, Egress, and Circulation) is satisfied because the site plan provides for safe and efficient access and egress for the proposed use and for general circulation on the site. The plan provides for five access driveways for the proposed 364 unit development in compliance with Code Section 18.108.070.D. The plan also provides for adequate and safe pedestrian sidewalks through the site. The proposed access and internal roadway plan provides for adequate emergency vehicle access _and maneuverability through the site. 10. Chapter 18.114 (Signs) will be satisfied when the site plan is revised to locate signs only in conformity with Code allowances. Sign permits must be obtained prior to the erection of any sign on the site. 11. Chapter 18.120 (Site Development Review) is satisfied because the site plan generally provides for the proposed buildings and other site improvements to be located so as to preserve existing trees and to minimize alterations to the site's topography and drainage systems. The site plan also situates the buildings so as to provide for privacy and light for the proposed dwelling units and to assure compatibility FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 16 between the proposed development and adjacent uses. The proposed re creation•'ente; pool,.-and walking 'trail' will provide. appropriate recreational facilities for the development's residents. 12. Chapter 18.134 (Variance) establishes the criteria which must be met to allow a Variance to the provisions of the Community Development Code. The project will include the improvement of SW 109th Avenue to minor collector street standards and a portion of the street will exceed the maximum grade specified in Section 18.164.030 M. of 12% but s it will be less than 15%. The proposed Variance is consistent with the criteria in-this section because: a. The proposed street grade will provide safe access as required in the Comprehensive Plan by meeting the Fire District standard of a 15% maximum grade, by realigning the SW 109th Avenue and SW Naeve Street to reduce the. length of street that exceeds 12% and to provide a better transition between the two streets, and through the provision of alternate access for the' development during - periods of icy conditions. b. There are special circumstances that make it impractical to meet the 12% standard. The alignment of SW 109th is established and abutting properties have been developed and utilities have been s installed in a manner which corresponds with the present grade of the street. Constructing SW 109th Avenue with a 12% grade throughout would require an excessive amount of excavation, relocation and/or reconstruction of existing utility lines, and possible problems for properties depending upon the street for access. C. The street will be designed to minimize the extent to which the 12% standard is exceeded. The proposed street design and the transition between SW 109th Avenue and SW Naeve street will reduce the existing grade, which reaches a maximum of approximately 17%, and provide a safer street alignment for downhill traffic. d. Physical systems will not be adversely affected by the Variance for the reasons noted above. Natural systems or environmental considerations will not be affected by the difference between the Code standard and proposed street grade. e. The hardship is not self-imposed because the developer is responsible for improving a street in a pre-existing alignment which dictates that construction occur within the existing right- of-way. 13. Chapter 18.150 (Tree Removal) will be satisfied because the applicant will be required to obtain a tree removal permit prior to removing trees in preparation for development. Permits will be granted only if r FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 17 e t ) H i 1. r H .it is found' necessary. to remove the, trees to accommodate. structures, driveways, • utilities; or. -other propbsed ''site .improvements: The : site - plan illustrates trees within the development that will be retained. A detailed tree survey and an arboriet's report outlining methods of protection of the trees to be retained must be submitted prior to the issuance-of a site grading permit or a tree removal permit. 14. Chapter 18.164 (Street and Utility Standards) will be satisfied upon i approval of public improvement plans for and construction of the proposed improvements to SW Naeve Street, SW 109th Avenue, and SW Pacific Highway. Approval of public improvement plans is required prior to the issuance of building permits and tree removal permits for the proposed development. r Although the proposed development will contribute additional traffic to nearby streets such as SW Pacific Highway and SW 109th Avenue, the additional traffic should not result in the design capacity of these roads being exceeded or require additional traffic control measures. The proposed storm drainage system will collect stormwater from the portion of the site to be developed and direct this water to the j a storm sewer at the intersection of SW 109th and Naeve. The public r. improvement plans should include an analysis of the anticipated stormwaier flow from this 'area. Drainage pipes shall be sized accordingly. Some stormwater drainage resulting from the interim v improvements to SW Naeve Street will be directed towards king City through a culvert under SW Pacific Highway. The City should coordinate the review of final storm drainage plans for this section with the City of Ring City. Total stormwater flow from this site to C. the west should be teduced because the on-site storm drainage system should capture some overland flow that would drain westward if the site remained undeveloped. i C. DECISION t' The Planning Commission APPROVES of Planned Development PDR 90-0002/Site Development Review SDR 90-0004/Variance VAR 90-0007 subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE MET OR FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. The site plan shall be revised to relocate proposed building M a minimum of 15 feet from the site's eastern boundary in conformity with the corner yard setback requirement of the R-12 zoning district and to remove the proposed signage from the project's SW Pacific Highway frontage. STAFF CONTACT: Jerry Offer, Planning Division (639- 4171) FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 18 Y+ 2. A complete set of revised- landscaping; grading, and gtility.plans conforming with the site plan shall' be submitted. STAFF CONTACT:- Jerry Offer,. Planning Division (639-4171). 3. A demolition permit shall be obtained prior to destruction or moving any of the existing buildings on the site. STAFF CONTACT: Brad Roast, Building Division (639-4171). 4. SW 109th Avenue shall be connected to the paved portion of the street to the north. The 109th/Naeve intersection shall be designed as shown by the first option (Exhibit "A") presented by the applicant which features a curved transition between 109th Avenue and Naeve Street, built to full minor collector standards. The northerly extension of 109th Avenue shall be built to minor collector street standards to the northern boundary of the property. The intersection of 109th and Naeve shall be modified to only allow an emergency access between the two streets. Street grades shall not exceed 158. The applicant shall provide necessary driveway relocations and modifications that are satisfactory to the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 5. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required - by the Building Division and should only include sheets relevant to public improvements). These plans and the related landscaping and grading plans will show how minimum sight distance will be maintained at all driveways. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 6. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department 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 developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 7. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to state Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 19 S. 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. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 9. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities shall be installed along the 109th Avenue frontage. The grade shall be allowed to be a maximum of 15 percent. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 10. Additional right-of-way shall be dedicated to the Public along the 109th Avenue frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 11. Standard 3/4 street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the Naeve Street frontage. Improvements shall be designed and.constructed to minor collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 12. Additional right-of-way shall be dedicated to the Public along the Naeve Street frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of- way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: Jon Hagman, Engineering Department (639-4171). 13. On Naeve Street, interim street improvements consisting of a 24 foot wide paved street with 2 foot gravel shoulders and drainage ditches shall be installed from Pacific Highway to the site. The pavement section shall consist of a minimum of 3 inches of asphaltic concrete on a minimum of 10 inches of aggregate base rock. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 14. 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. FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 20 CAlculations shall 'be based on full development of the. serviceable area. The. location and capacity of'existi:ig,-proposed, and future lines shall be addressed. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 15. The proposed privately-operated and maintained parking lot and/or roadway plan-profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171). 16. A grading plan shall be submitted showing the existing and proposed E contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 17. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 18. During construction of the on-site and off-site improvements, all construction traffic shall travel to and from the site via the intersection of Naeve Street and Pacific Highway. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street nor 109th Avenue. STAFF CONTACT: Coy Humphrey, Code f Enforcement officer (639-4171). y 19. The applicant shall sign a waiver of remonstrance agreement, on City forms, which waives the property owner's right to object to the formation of a future local improvement district (LID) to provide a traffic signal for the Pacific Highway/Naeve Street intersection. This agreement shall be recorded with the applicable property deeds. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 20. A detailed tree protection plan shall be submitted for Planning Division approval which includes locations and types of trees to be removed or retained, an arborist's recommendation for methods of protecting retained trees during construction of the proposed - apartments as well as for the long-term health of these trees. This tree protection plan shall include at a minimum all trees designated for retention on the preliminary landscaping plan and should endeavor to add additional mature trees as practicable. The trees to be saved shall be protected during construction by fencing or similar means approved by the Planning Division. No site grading, clearing or tree removal shall occur prior to satisfaction of this condition. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171). f f FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 21 i 11 WIN PRIOR TO THE ISSUANCE OF AN OCCUPANCY' PERMIT' FOR ANY NEW BUILDINGS' ON 'THIS SITE, THE FOLLOWING CONDITIONS SHALL BE - SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. 21. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Jerry Offer, Planning Division (639-4171) 22. 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. THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL APPROVAL DATE. i. Y It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of September, 1990, by the Planning Commission of the r. City of Tigard. A. Donald Moen, President Tigard Planning Commission PDR 90-02.PFO/kl i tc FINAL ORDER 90-22 PC - PDR 90-0002/SDR 90-0004 - TRIAD Page 22 e ~s maim Ji O~ v 1 _ . yo t t ' t ~ o . ' 3 Z4o S, W /VA TREET ~ pt7/~t46 A--x n~ , 1 1 w•r 1 j LA'sO "USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right- to participate in local. government. Tigard`s Land Use Code therefore - sets out specific requirements for filing appeals on certain land use decisions. C11 I ®F TWARLD The following for-in has been developed to assist you in V/~1 filing an appeal of a land use decision in proper OREGON form. To determine what- filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171. 1. APPLICATION BEING APPEALED: Sly '-?o 0,C ~o - D 2. HOW 00 YOU QUALIFY AS A PARTY: POG C/~ 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: , 7i l ~Fd anirn~ vos~~ ~ ~•e ~60~ ~ c Lc a,>4 ~sc ~x 7~ ~ • s : ~ ~ .st ~.c,b~-SQL ~.vc~ l0~ ~r • ~e~s~'~ Yiri~~ ~o~ ~s«u ss .s" ~ii~r.y~cd~Gcc~Ss 7v ~cy~~( lY1a C ~C~lc~(~ - ,¢.u0 7 .(fo cdyca ~cu ~ioK~ ~ ~a 4. SCHEDULED DATE DECISION IS TO BE FINAL 5. DAT NOTICE FI AL DECISION WAS GIVEN: % lv -/O 6. SIGNA E(S)• ...FOR OFFICE USE ONLY: R eived 83Xb Date: O UTime: U ~cL/rZ Approved As To Form By: Date: 6 OTime: Qccyj). Denied As To Form By: Date:' Time: Receipt No. Amount: iC-x X -3( ~Ci( -x3(-7(4H(-1HC-x~H(iHH(iHE-}(x3E-x-xdE}ExiH('!F)HCi(-x-x-x~(xiFx-x~HC xi(IHH(•!E Cc& act &n c ue, C~ 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 6L-4171 j • • max. ' ` t~ y~.. I ~ ~ ~ ~ ~ ~ ~ . ~o v ~ ` ~U . ~ . J ~ ~ ~ ' - r:~+ :Zi , O ` ' ~ O AUG 291990 ea, 'n .S- Co . 77a e~ 5t q- S- cu, Zv. - ~m / - l/o00 sue, i Z¢ ..wee 71) a LU. -~,-2- (~..c~ ~r 9z e- 6 . I 1 IN THE BOARD OF COUNTY COMMISSIONERS m 2 FOR WASHINGTON COUNTY, OREGON c ' 3 In the Matter of the Vacation,) RESOLUTION AND:ORDEF, Pursuant to ORS 368.565(2) of ) c> 4 a Portion of County Road No. ) NO. 7 y' - v. 900 in Section 10, T2S, R1W, 5 W.M. Vacation No. 143 6 This matter having come on regularly before this Board at its F: 7 meeting of August 13, 1974 after being continued from the meeting f' g of July 23, 1974; and 9 It appearing to the Board that pursuant to ORS 368.565(2) this 10 Board may, for satisfactory reasons, adopt a resolution to be entered 11 in its Journals declaring that proceedings to vacate a county road be i 12 undertaken at once, and that the Board acted in accordance therewith 13 on May 28, 1974, when it resolved and ordered that the proceedings 14 commence to vacate that certain portion of County Road No. 900; and 15 It appearing to the Board that by Resolution and Omer No. 16 74-106, this Board declared its intent to commence proceedings to 17 vacate the following described portion of County Road No. 900: 18 A portion of County Road No. 900, 40.0 feet wide, being 20.0 feet on either side of the following centerline: 19 Beginning at a point on the centerline of said County Z 20 Road No. 900, which bears north 45.0 feet from the beginning point of said county road; thence north along Z^ 21 said centerline a distance of 1268.8 feet to and termin- °o sting at the northwest corner of Lot 3, "Willow-Brook 22 Farm", a duly recorded subdivision in Washington County, No Oregon. 3- 23 All lying within the southeast quarter of Section 10, T2S, R1W, W.M., Washington County, Oregon. «0 24 ~o u 2 25 and ° J 26 It appearing to the Board that said Resolution and Order No. Page 1 {pC' 4 1 74-106 did in fact show the legal description of the land adjacent 2 to the road or part thereof to be vacated, the names of the owners 3 of such land, the termini of the road or parts thereof to be vacated, 4 and that the road was to be vacated and that such road was useless S as a part of the general road system, burdensome to maintain and 6 that the public would be benefited by its vacation; and 7 It appearing to the Board that notice of pendency of said 8 petition was given by written notice being posted more than 30 days 9 prior to the date of the hearing which notices were posted in three 10 of the most public and conspicuous places within the said roadway 11 as shown by the affidavit on file herein; and 12 It appearing to the Board that-said notices contained a descrip- r 13 tion of the said portion of the road to be vacated, and gave the i 14 date of Tuesday, the 23rd day of July, 1974, at 7:30 o'clock p.m. 15 as the time and Room 402 of the Washington County Administration 16 Building, Hillsboro, Oregon, as the place for public hearing of the 4r r' 17 matter and for receiving remonstrances. thereto; and r 18 It appearing to the Board that the aforementioned meeting was 19 held on the 23rd day of July, 1974, at 7:30 o'clock p.m., and was Z 20 continued till the 13th day of August, 1974, in order to permit 0 ZA 21 time for staff to have further contact with citizens in the area; Ou I.- A Z 22 and sr 3`m 23 It appearing to the Board that oral remonstrance was made at .0 24 the meeting of August 13th, 1974,by a person representing five pro- M zm N 25 perty owners in the area upon the basis that the vacation would 26 cause inconvenience to said five fanilies by requiring them to take 0 v Page 2 n5' ^;K t)8 f x I a more circuitous route and to have to drive through a more con- 2 jested area as a result of the said vacation; and 3 It appearing to the Board that said portion of County Road 4 No. 900 to be vacated is a 20 'foot wide graveled road and that 5 should it be vacated a condition of such vacation would include 6 that the vacation not take place until replacement roads have been 7 dedicated and accepted by the County and physically opened for g travel and that the entrance of said replacement road to Durham 9 Road be reconstructed to provide for a minimum width of 20 feet 10 between curbs in each lane; and 11 It appearing to the Board that weighing and balancing the 12 factors of the physical condition of the present road and the r 13 physical condition of the future proposed replacement streets, their 14 placement upon the ground and the relative public benefit and incon- 15 venience of the present residents, the present property owners in 16 the area, and future residents, the Board finds that-:upon completion 17 of the replacement roads the said portion of County Road 900 pro- ig posed to be vacated would be useless as a part of the genera 1 road 19 system, burdensome to be maintained and that the public would be r 20 benefited by such vacation, and the Board being fully advised in D 0 U A 21 the premises; it is therefore pe s z 22 RESOLVED AND ORDERED that that portion of County Road No. ;o ~C 23 900 described as follows: .0 J . 24 A portion of County Road No. 900, 40.0 feet wide, being 20.0 feet on either side of the following described 25 centerline: Beginning at a point on the centerline of said County a( 75 Road No. 900 which bears North 45.0 feet from the V Page 3 BOOK RJR fAuE 253 i I beginning point of said county Road; thence North .fi. along said centerline a distance of 1268.8 feet to 2 and terminating at the northwest corner of Lot 3, "Willow-Brook Farm", a duly recorded subdivision 3 in Washington County, Oregon. All lying within the southeast quarter of Section 4 10, T2S, T1W, W.M., Washington County, Oregon S be vacated upon the happening of two conditions; to wit: 6 1. Replacement roads be dedicated,. accepted by the Board of 7 County Commissioners and open to travel; and 8 2. The entrance road into this area, the intersection of S.W-. 9 Summerfield Road and SW Durham Road, be reconstructed to 10 provide minimum width of 20 feet between curbs for each 11 direction of travel on SW Summerfield Road; and it is 12 further 13 RESOLVED AND ORDERED that this matter be brought back for 14 the entry of a final order of vacation upon the happening of the 15 above mentioned two conditions; and it is further 16 RESOLVED AND ORDERED that a copy of this Resolution and 17 order be filed in the Commissioner's Journals. I8 HATED this 13th day of August, 1974. 19 BOARD 'C' COUNTY COMMISSIONERS WASHZkdTON ~JNTY, OREGON 0 20 % z 21 Cti'rman z 22 C9' W 23 24 R/ecor ing Secretary W O Zm =g o 25 V } H M 26 0 v Page 4 ,JAMES E_ AUXI ER ATTORNEY AT LAW SUITE 32S-MAYER BU1LOING 1130 S. W. MORRISON PORTLAND. OREGON 57205 TELEPHONE 227-1411 August 26, 1975 Nom-. & Mrs. Charles Peck, Jr. 11000 S.W. Naeve Road Tigard, Oregon 97223 Dear Mr. & Mrs. Peck: With reference to your road problem as outlined in your letter and enclosure, dated August 5, 1975, after review of the docu- ments I called Mr. Ken Meng and discussed his letter with him. Mr. :Meng informed me as follows: 1. The County has jurisdiction over 109th Avenue. 2. As a condition to the vacation of 109th Avenue it was to be left in tact until an alternative system of streets were dedicated, accepted, cons- tructed and opened to travel. This was not his conclusion, but an expressed condition to vacation. 3. Mr. Meng is sending an investigative team to review 109th Avenue. He is also going to personally take a look at the situation as soon as his team reports. Mr. Meng stated that if the condition had been violated he will so notify TDC and take appropriate action. I informed hurl that you had advised my office that some improve- ment in the road had been made in the past few days however, it was still in very rough condition and in essence had been totally blocked off or otherwise unusable for some period of time now. I further expressed my opinion to Mr. Meng that it presently appears that TDC is considering the road vacated and using it for its own purpose without having a legal authority to do so. Mr. Meng will contact my office with his findings. Very truly yours, mes E. Auxier x- G JEh:lb August 26, 1975 Tualatim-PrazUin 15300 S. W. 116.th Avenue Tigard, Oregon .97223 Attention: Ron Sorenson Ref: S. W. 109th Avenue Vacation No. 143 Gentlemen: By Resolution and Order No. 74-182, dated August 13, 1974 the Washington County Board of Commissioners, after notice and public hearing ordered the southerly portion of S. W. 109th Avenue (County Road 0900 in the City of Tigard) vacated upon the happening of two conditions, to-wit: 1. Replacement road be dedicated, accepted by the Board of County ff Commissioners and opened to travel; and 2. The entrance road into this area, the intersection of S.W. Summerfield Rd. and S.H. Durham Rd. be reconstructed to provide minimum width of 20 feet between curbs for each direction of travel on S.W. Summerfield Rd. The resolution and order further stipulated that the matter be brought back for the entry of a final order of vacation upon the happening of the above mentioned two condi- tions. It is my understanding that your Flat of Summerfield No. 6 is completed and awaiting re- cording. Of course, said recording can not take place until the vacation is finalized since it is impossible to plat over a county road. While we recognize that fulfillment of condition #1 requires relocation of portions of S.W. 109th by constructing a new urban standard street and further, that said construc- tion of necessity, requires some dissruption to traffic flow. Technically, 109th is not vacated, and therefore, can not be closed. An inspection on August 25, 1975 reveals that 109th is barricaded on the north side of Durham Road and a dop-off off of Durham Road has been installed. Further, that sections of 109th between Durham and Summerfield have been torn up and are impassable. We also find that a portion of S.H. 109th, as well as the westerly portion of Highland Drive, are in the process of being constructed. We find that curbs have been installed, some base rock placed but not shaped and compacted, and finally, we find some excavations near the north end of 109th and near the intersection of Summerfield Drive restricting the width of travel. We understand that during periods of construction, both 109th and Highland Drive have been vfrtually impassable at times and that 109th has been severed for sometime. In R. Sorenson Page 2 August 2E, 1975 conversation with your engineer this date, I am informed that the underground work has been completed and that the streets will be paved in the very near future. I hope this is the case. In the meantime, we rust caution you that since legally 1009th has not been vacated, it will be necessary for you to maintain the new 109th and highland Drive in acceptable condition for traffic until the paving can be accomplished. We do not consider its present condition to be acceptable for this purpose. Upon the complete fulfillment of the two conditions, it will be necessary to re-submit the matter to the Board of County Commissioners for fi-.alizing the vacation. I believe it is to your advantage to see that these streets are paved at the earl_est ?ossi;:.-le LcT.E. :ours very truly Ken Zang Director of Public Works KM: ;s cc: W. L. 7.1cm0ncgiB dames ttorney ?,z Late CITY OF TIGAfRD P. O. Box 23557 12420 S. W. Main Tigard. Oregon 97223 August 29, 1975 Mr. & Mrs. Charles Peck 11000 S. W. Naeve Road Tigard, Oregon 97223 Dear Mr. & Mrs. Peck: Your communication to the Tigard City Council was considered at their regularly scheduled meeting on August 25. I have been instructed to advise you that 109th Street, south of its proposed intersection with Highland Drive has been vacated by action of the County Commissioners with the vacation to become effective upon the completion of paving of Highland Drive into Summerfield Drive. That portion of 109th lying southerly of Summerfield Drive has been vacated in its entirety. You are correct in your statement that the action by the Board of County Commissioners left 109th Street open until such time as the alternate street system is open for travel. Implicit in that action is acknowledgement that construction of the alternate street system will have an effect upon existing conditions of 109th during the construction period. The road pattern that is being developed was initially approved by Washington County prior to 1973. Upon its annexation to the City the road pattern was reaffirmed by the Tigard Planning Commission and City Council. Action to vacate 109th by the County occurred some time since that period. As this letter is being written, paving is commencing on the alternate street system which will effectively consummate the final step of vacation of 109th street. Throughout the entire process relating to the development of Summerfield, both before the County and the City, numerous public hearings and meetings were held in order to ascertain all of the relevant information relating to this development. Several people appeared before the City and the County and their concerns and ideas were taken into consideration in the approval of Summerfield Subdivision. Thank you for your interest in the community. Very truly yours, Bruce P. Clark City Administrator BPC:ms WASi oNGTON COI),-4 FY C Intcr-Dcpartmcut Correspondcucr Date Sept. 9, 1975 For Meeting of: Sept. 16, 1975 To : Honorable Board of County Commissioners From : Director of Public Works Subject : Vacation No. 143 (S.W. 109th Avenue). On August 13, 1974 your Board by Resolution and Order No. 74-182 approved the vacation of a portion of County Road No. 900 (S.W. 109th Avenue), subject to the following conditions: 1.) Replacement roads be dedicated, accepted by the Board of County Commissioners and open to travel; and 2.) The entrance road into this area, the intersection of S.W. Summerfield Drive and S.W. Durham Road, be reconstructed to provide minimum width of 20 feet between curbs for each direction of travel on S.W. Summer- field Drive. The replacement roads have been dedicated and are open to travel, but since they will be under the jurisdiction of and have been accepted by the City of Tigard rather than Washington County, your Board need not formally accept the dedications. C The first condition will be satisfied by your Board's acceptance of the replace- ment roads as an alternate route to the vacated county road. Thd construction of S. W. Summerfield Drive has been completed, thus fulfilling the second condition. RECOMI-iENDATION: Your Board adopt the attached.resolution and order vacating said pDrtion of County Road No, 900 and accepting said replace- ment roads. Respectfully submitted, ' 0 Ken Meng r,- - c r` - KM: j s Attachment: R&O - t~ - m ~ - C IN THE BOARD OF CJUIJTY COMMISSIONERS c C FOR WASHINGTON COUNTY, OREGON In the Matter of the Vacation, ) E•`' , ' ' Pursuant to ORS 368.565 (2) of ) 'r = ' a Portion of County Road No. ) RESOLUTION AND ORDER =•i~;'~ 900 in Section 10, T2S, R1W, W.M. Vacation No. 143 NO. This matter having come on regularly before this Board at its meeting of September 16, 1975; and It appearing to the Board that on May 28, 1974 pursuant to ORS 368.565 (2) this Board by Resolution and Order No. 74-106 declared its intent to commence pro- ceedings to vacate the following described portion of County Road No. 900: A portion of County Road No. 900 40.0 feet wide, being 20.0 feet on either side of the following centerline: Beginning at a point on the centerline of said County Road No. 900, which bears north 45.0 feet from the beginning point of said county road; thence north along said centerline a distance of 1268.8 feet to and terminating at the northwest corner of Lot 3, "Willow Brook Farm", a duly recorded subdivision in Washington County, Oregon. All lying within the southeast quarter of Section 10, T2S, R1W, W.M., Washington County, Oregon. and It appearing to the Board that said Resolution and Order No. 74-106 did in fact show the legal description of the land adjacent to the road or part thereof to be vacated, the names of the owners of such land, the termini of the road or parts thereof to be vacated, and that the road was to be vacated and that such road was useless as a part of the general road system, burdensome to maintain and that the public would be benefited by its vacation; and It appearing to the Board that notice of pendency of said petition was given by written notice being posted more than 30 days prior to the date of the hearing which notices were posted in three of the most public and conspicuous places within the said roadway as shown by the affidavit on file herein; and It appearing to the Board that said notices contained a description of the said portion of the road to be vacated, and gave the date of Tuesday, the 23rd day of July, 1974, 'at 7:30 o'clock p.m. as the time and Room 402 of the Washington County Administration Building, Hillsboro, Oregon, as the place for public hearing of the matter and for receiving remonstrances thereto; and It appearing to the Board that the aforementioned meeting was held on the 23rd day of July, 1974, at 7:30 o'clock p.m., and was continued till the 13th day of August, 1974, in order to permit time for staff to have further contact with citizens r in the area; and . It appearing to the Board that oral remonstrance was made at the meeting of August 13th, 1974, by a person representing five property owners in the area upon the basis that the vacation would cause inconvenience to said five families by requiring J Ql~~"( t1;em to take a more litous route and to have to dr > Through a more congested area as a result of the saic vacation; and it appearing to the Board that after weighing and balancing the factors of the physical condition, of the present road and the physical condition of the future proposed replacement streets, their placement upon the grounc and the relative public benefit and inconvenience of the present residents, the present property owners in the area, and future residents, the Board found that upon cor..pletion of the replace- ment roads the said portion of County Road 900 proposed to be vacated would be useless as a part of the general road system, burdensome to be maintained and that the public would be benefited by such vacation, and determined by Resolution and Order No. 74-182 that said portion of County Road No. 900 should be vacated on the following conditions: 1. Replacement roads be dedicated, accepted by the Board of County Commissioners and open to travel; and 2. The entrance road into this area, the intersection of S.W. Summerfield Drive and S.H. Durham Road, be reconstructed to provide minimur width of 20 feet between curbs for each direction of travel on S.H. Summerfield Road; and it appearing to the Board that said replacement roads have been dedicated and accepted by the City of Tigard and are open to travel; it is therefore RESOLVED AND ORDERED that said replacement roads be, and hereby are, accepted as a replacement route for the portion of County Road No. 903 to be vacated; and it appearing to the Board that the intersection of S.H. Summerfield Drive and S.H. Durham Road has been reconstructed to the required standards, and that both conditions imposed by said Resolution and Order.No. 74-182 have therefore been net; it is therefore RESOLVED AND ORDERED that the hereinabove described portion of County Road No. 900 in Washington County, Oregon be, and hereby is, vacated; and it is further RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon., be, and hereby is, authorized and directed to make the foregoing corrections on the plats and records of Washington County, Oregon; and it is further RESOLVED AND ORDERED that the Director of Records and Elections for Washington County, Oregon, is hereby ordered to have this order of vacation recorded in the records of Washington County, Oregon. DATED this 16th day of September, 1975. £ a c . o ?Of RD OF COUNTY COMMISSIONERS i FOR W . N11 ' LYNTY, OREGON AP VED AS 40 0 / L%v~ c L'~v., r`' a 4' Chaz~r ran sr--: Co; .!y Counsel t ?or I'~~..,. lion County" O_e. AYE NAY pESEHI,F.ecording Secretary DAGG HEISLER .-.-1_ _ Ho E MILLER R E 0 No. ROTH- Page 2 o Vacation N'o. 143 ann.' n~i7 rqn rte. f U T U R'E \ I APARTMENTS O • t r o; IN, 5 ? 4 • N, Q ` LP2 . y J f U 1 U R E A P A R T M E N T S \ REA To BE CoOSTRUGTEA E u T u R E A A µ1NIMU►A 2o• WIOTH PROPOSED ` - VAC.A-rl o tJ -G COM/A E R 1 C Al S. W. DURHAM :+r,'~, w...w~..w~wp,.,._,•q~„vr „~t,,,n~~1^..~.~'T+~~+~w....ry~y.":'t~r~....-y%1r•..•~+!~..••~w+.+.,~^t_•'Y :'~fqi.... p.q„.rn!+I'^'!""'r •n"'Tr"y°O•'~tT?~rr,^."Y.'K ~•rT!~• •I I ~ ' r 1 M M • Ole 11.104 1•.111 « 1 OD'el•e I.« .•p1-I ®®R 1 , I w p 00',01' ; ° w 1e I ...w M ® 13 ~L y VJ ► ~ I. 111p r •y ■ ao•e1' 1 r.e.11 1 _ ■ oo•el't ® IN ~ ®;.'Ste w G1. No KO ► S. W. s 109 rh AVENUE 1117 ~ ■Nt, ♦r 1.1.1 b i s d A a =3 U N0 (D o o tl l f. I Q v j M e( l a E ~ Q cn 'ri S f0 Rc I c y I ' R ,l tit F + w Q •.C.a ~I ~ ~ ~ Sq o 't• ~ j 'r.~ oil, a°' 1 n li . a:.~ :i 1 to .91 x cn, (S~ t e Q + if 5,, ~ ' ?t !2 f j i Temporary Use F I s w HO VIE ORI l~c•YS~'"'' s w KA LE ST EE N4lee,~E flruee ~a S?ip o SFr /O'S Ject Mt ite ® it 0 A ID- r 2 FD CE r O K Durham Road . . . 'ti•l...sS ~ RECEIVED 7 1999 Oregon State Highway Division DISTRICT 2A MAINTENANCE SUPERVISOR GpMMUNt1Y DE~1~-UPMENj #48Lc0i0saw0T PO BOX 25412, PORTLAND, OREGON 97225-0412 PHONE 229-5002 July 24, 1990 InRe*fWfW10 F" No- Randy Wooly City Engineer• 1 City of Tigard P. O. Box 23397 Tigard, OR 97223 7 I Re: Triad Development ! 99W/Beef Bend Road, Naeve Street Oregon Department of Transportation has reviewed the traffic report for the proposed Triad Development. In the analysis of the signal progression and delay to the highway using the projected volumes, the two alternatives are equal. The analysis for the Beef Bend Road alternative did not consider the grade on 99W that would have additional impact to total delay for northbound traffic. The proposed Beef Bend alternative, built to minimum ASHTO and Washington County standards, is less desirable in vertical and horizontal alignment than the existing Naeve roadway. During ice and snow the Beef Bend alternative would be virtually impassable, and would cause operational and safety problems, not only on the local street, but also at the intersection at 99W. Pacific Highway West is an Access Oregon Highway with access restrictions. To protect the future operational integrity, we will not approve additional highway access where adequate alternative access is available. The Highway Division will not accept an additional access at Beef Bend without closing the median at Naeve. In comparing the alternatives for highway operation, safety, and delay, the Highway Division strongly recommends the Naeve alternative. i ~ Sincer - / Leonal H. Gunderson Acting District Manager LHG:mbb cc: Don Adams, Tom Schwab, Ron Failmezger, Lenore Akerson, Ross Woods, Robert Larson, Cal Woolery, Bev Froude, Sue Carver, Summerfield Civic Association, Lynda Jenkins BRAKE OREGON S ROAD 6 UiIUiY WORKERS 7v.1AW1 s-9m AKI Pr111A1 (1PP()RTUNITY FMPI (IYFR OJA 0 - TO ee Trayi -5 We: ()ctc,42er 1'7, IM i 1D«r;~~ ~e re~u(~Y e$rk of -f'he 1413 orl-rd, tl AdvlSor olwintC ~G~. Sue, Carver , NPO-1*6 (~naivr , reresfe-d ckc(Vr re (Ardln s;h;o f closinc ilea- / V o e ve Ave.. In o / i on ul a 5 SCcolla a at roVCd Ci vo LLe- of 7 / n fGV/or ' GbS~G if.eo( t M ~ iz Ye-comeh" `7 e- fib//0w/Its ' JJ ! The yard -Ira nsporfafi D/7 14dl Vi,5or y C0197 rni f~eL p~e~oi%nm~r ~ -f~af -fhe _OJi Cournci leave a 5}-,r{ e~5 o n ma ~1 fai r1 C c cCs s 0 old P` od -lrafc, cokl -col -6 i scou-r(~Y-e i nfo exisf incq iie~A~Orh oods, i ~l rGi +t' ✓ I La1k 4-- Oct. 19" 1 Dear Mayor L:.dwaurdsr. ar-ic_I t;'ou,.lc:il r Here we go again and :i will. say it- again, we do not want oUr- road changed in any way, leave it as i <s ! T1 le plans I saw of Triads months ago, showed LAS a road on t_I•i,, North end of Triads Prop. going over the hill to Canterbury and leaving 109th, North end closed as, it is now and I°t as been f or-evc3r ! Thiey also had a curved road it the S,. E. end of their P-op. gcsi. ig across -the bottom of their Prop. towards the West NOW that would leave 109th alone and also the intersection of 109t h, and S.W.. Naeve at 'le~asi. open. We would rather see Triad go to the Highway, 99W on the !Hest of their Prop. There are two existing drivewc-tys on the West side of the property now, one is at Bend Rd light and the other is at Bull. Mt. Rd. light. This would send traffic out of their project to 99W rather than through our neighborhood onto miner- collector- roads I don't see why we have to be drawn into Triad's scheme. It's upto them to provide a way through their property without disrupting oc_cr lives and routes. Most of us living on 109th and S. W. Naeve Rd. have been here for over- A•c_ryr s. That should count for something! It will disrupt our U. S. Mail service r-oL.cte, the Fire Dept. and Police Dept. routes. And most of all our route of -travel. ! Come on City Council, "Give us a break" Sincerely. i Mr. Mrs. Charles Y; Bette Peck 11000 S.W. NNE VE= ST.. TIGARD, ORE. 9.7224. ~S.cc lt~, y~ , I RECEIVED PIANN(N6 O CT 191990 4 _ _ _ _ r:-- - - - i I ii nn ' 1~~~11~T~ a ~ - , _ ~r {iil~IhIIIIOIftlT(f~f(ffll~llTmffl rpnl nnpuillmpiu n . 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SCALE: 1'-40' HOq I SCALE: 1'-20' ' 1'-10' VEq f P,li•i i cJ S.W. NAEVE STREET S 1 .W. 09TH AVENUE ALTERNATE INTERSECTION PLAN KAMPE ASSOCIATES ~ avl~ ems wv~surr+~vor2s ~e,sW • ~4~ BB•7o B~IO~o h~Illli~yIPIIIIIgIPIIP.111111U~gIlglliPllllplllln(n~~~n~InIIII~IIgIIIIIIIIIP~q•IIU~q~IgI~IUIgIIgIIq1~qI~Ip11pI~PppllPlqlllplylflllllplgllry~l4qqlllllln.. ~ I rort: IY mis xlmoYluxn 2 3 4 5 8 7 B B f0 II I ~~b•'• I ~ ORMiIro IS IESS BEAR nux MIS roil¢~ ti IS OnF N llk gMLIYY Of lln OAIOInxL 014WIIq. I e ez ez iz 9z sz bz et~ zz Iz oz el ul el m sl bl 1 IR EI II OI 0 0 ! 0 S, b C 2 I~-~ numdnuLuyunxnpnillniluulunlnnlanhlu Inxnulnu nlullunlnu~nWunluulmdlnllunhn ~ I {ullwilypl mlmi uplnnlu„ ( ~ I , I E1pluulw~Inlluulunllq~Imllwluillnnhndnnhm6mbW~WfiwluuVmlwlWuhmliu~lwh CC ~EBRUARY~ 19 X1991 - . W. s COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY sf AGENDA OF: October 22, 1990 DATE SUBMITTED: October 10,1990 ISSUE/AGENDA TITLE: Comprehensive Plan PREVIOUS ACTION: Planning Commission Amendment CPA 90-0008 Zone Change hearing on October 4, 1990 ZON 90-0008 ack-Pacificl /Will PREPARED BY: Jerry Offer, Asst. Planner DEPT HEAD OK CITY ADMIN OK REQUESTED BY: "L P L Y ISSUE Should the City reduce its leasable co ercial land base to allow for additional industrial development on a parcel on SW 72nd Avenue? INFORMATION SUMMARY The proposal seeks to redesignate 1.8 acres from a Plan designation of Professional Commercial and zoning of C-P to the Light Industrial Plan designation and I-P (Industrial Park) zoning. The parcel contains an approximately 14,000 square foot office and flex-space building to be occupied by the applicant. In addition, a 14,000 square foot flex-space building is also being constructed on the parcel. The applicant, whose use is a permitted use in either the existing or requested zoning districts, requests the redesignations in order to increase the potential allowable tenants in the leasable portions of the site. The applicant also states that redesignation would be consistent with the predominantly industrial character of adjacent parcels. The parcel is located at the southeastern corner of SW 72nd Avenue and SW Sandburg Street. The Planning Division issued a staff report to the Planning Commission recommending approval of the application. No negative responses were received with - regard to the proposed redesignation from reviewing agencies. No adverse impacts upon adjacent streets or upon neighboring parcels are foreseen if the parcel is redesignated. All applicable Plan and zone change criteria are satisfied. The Planning Commission reviewed the proposal at the Commission's October 4, 1990 meeting. The Planning Commission also recommends approval of the requested Light Industrial Plan designation and I-P zoning designation. Draft minutes of the Commission's discussion and an ordinance incorporating the findings of the Planning Division staff report are attached. ALTERNATIVES CONSIDERED 1. Approve the requested Light Industrial Plan and I-P zoning designations and adopt the attached ordinance. 2. Approve the requested designations and direct staff to prepare an ordinance reflecting comments and concerns raised at the Council hearing as well as the Council's reasoning for approving the request. 3. Deny the application and direct staff to prepare a corresponding resolution. FISCAL IMPACT None. SUGGESTED ACTION Approve the request and adopt the attached ordinance. He said there were three main reasons for asking for a $3,580,260 tax base at this time: 1) it is fiscally sound to plan for the City and develop a stable source of financing over a multi-year period; 2) it is important to avoid depletion of the fund balance and the problems associated with that; and 3) the City needs the increase in order to maintain current services in the face of increased demand for the services. He pointed to the growth in population, which does not increase the tax base, and the 15% to 20% inflation which increases the costs of maintaining the services. He discussed the language describing the tax base measure as, it will appear on the ballot; and Community Relations Coordinator Newton passed out copies of the ballot item. o Finance Director Wayne Lowry discussed Ballot Measure 5, which is a Constitutional Amendment to phase in property tax limits of $15/$1,000 over a 5 year period and to limit certain fees and charges related to ownerhsip of property. He advised there is no plan as to how to implement the tax limitation; and there are many unanswered questions at this point. He explained there are two categories: School Category and Non School Category. He discussed how different fees and charges currently paid by property owners would affect the amount of revenue the City receives. He pointed out the many administrative difficulties of this type of system, as well as the unfavorable impact on Bancroft bonds and LIDS. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 90-0008 ZONE CHANGE ZON 90-0008 W.L. McCORMACK (NPO #5) A request for Comprehensive Plan Amendment approval from Commercial Professional to Light. Industrial and a Zone Change from Commercial Professional to Industrial Park. LOCATION: Southeast corner of SW 72nd Avenue and SW Sandburg Street (WCTM 2sl 1DC, tax lot 3800) o Assistant Planner Jerry Offer described site and explained that the one existing building will be remodeled and will be occupied by the applicant, W. L. McCormack Company; and a new 14,000 square-foot building will be constructed on the site. He reviewed the background of the subject property, which has been zoned C-P (Commercial Professional) since 1983. He discussed the business activities which are planned by the applicant, determining that the company is primarily a professional and administrative company providing management services for construction projects; and they will not be storing construction equipment on the site. He said the plan and zone change are being requested to broaden the uses that are allowed on the site, including construction-related businesses which are complementary to the applicant's business. In discussing the vicinity information, Assistant Planner pointed out that there are a mix of building types in the area, some zoned C-P and I-P. Assistant Planner stated that comment was received from NPO #5, recommending that the impact on the Comprehensive Plan should be considered when changes are made; and NPO stressed the importance of understanding the reason behind a given designation, with changes being carefully considered. DRAFT PLANNING COMMISSION MINUTES - OCTOBER 2, 1990 PAGE 3 He advised there is not a great distinction in the plan policies and locational criteria between C-P and I-L. He said staff did not feel there would be any negative impacts on the adjacent properties, for there is no substantial difference in the uses generated by the two zone designations. He said staff recommended to Planning Commission to send a recommendation to City Council for approval of the request. There was discussion concerning the Key Bank site which would remain zoned C-P. APPLICANT'S PRESENTATION o Lans Stout, Mckenzie/Saito, spoke on behalf of the applicant, W. L. McCormack and Company.- He discussed the background of the site, which was previously owned by Key Bank. He said his firm researched the market area to determine the best use for the site. Their research determined that the I-P zone designation would be appropriate based on the existing building style and change in character of the area brought about by new uses in the area. PUBLIC HEARING CLOSED o Commissioner Peterson stated he had no objection to the request, based on the argument that an error was made in zoning. o Commissioner Boone agreed that there should not be a problem with the requested zone change. He commented that it seemed unusual to have the zone change requested after the building on the site was under construction. o Commissioner Castile advised that his company has worked for McCormack Pacific in the past; but he did not believe this would influence his decision in the matter. He pointed out there is a shortage in I-P property in Tigard, making it difficult for certain businesses to locate in the City. He said he was in favor of recommending approval of the request. o Commissioner Fessler agreed with the other Commissioners; and she said the look of the rest of the area tends to be more industrial; and she felt there was a mistake in the original comp plan. She did not have any objections to this zone change request. o President Moen expressed some concern about creating a C-P island of the property still owned by Key Bank; but he said he agreed with the previous Commissioners regarding the transitional and mixed nature of the area, particularly since there are bordering properties zoned I-P. He pointed out that past actions have taken I-P property and changed it to C-P; so he favored adding more I-P property to Tigard's inventory. He said approving this request would result in the applicant having more flexibility, as well as providing a site for future business location. PLANNING COMMISSION MINUTES - OCTOBER 2, 1990 PAGE 4 * Commissioner Peterson moved and Commissioner Fessler seconded to approve CPA 90-0008 and ZON 90-0008, with the finding of fact that an error had been made in the original zoning. Motion carried unanimously by Commissioners present. 5.2 APPEAL OF SITE DEVELOPMENT REVIEW SDR 90-0011 SNYDER An appeal of Planning Division decision for SDR 90-0011, which approved, subject to conditions, a request for Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow placement of a manufactured home on the site for a caretaker's residence associated with the various industrial uses on the property. Variance approval to 1) allow the relocation of a caretaker's residence; 2) allow a two-way driveway less than 24 feet in width; and 3) allow a portion of the site to remain gravel. ZONE: I-P (Industrial Park) LOCATION: 9740 SW Tigard Street (WCTM 2sl 2BA, tax lot 501) Item was postponed by applicant's request. See motion in Item 4. 6. OTHER BUSINESS There was no other business. 7. ADJOURNMENT - 8:28 P.M. Ellen P. Fox, Secretary ATTEST: A. Donald Moen, President of/pcm10290 i PLANNING COMMISSION MINUTES - OCTOBER 2, 1990 PAGE 5 1 t a }gk !YYti fi r, €i i. t F. {FLF 4 PROPOSAL FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE W.L. McCORMACK K CO.' TIGARD, OREGON 4 t F i August 1990 Project Number 290321 prepared by: Mackenzie/Saito & Associates, P.C. (MSA) t 0690 S.W. Bancroft Street P.O. Box 69039 Portland, Oregon 97201-0039 503/224-9570 i; 1. so...wzFxw...u. TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND II. APPROVAL CRITERIA A. Comprehensive Plan Policies B. Statewide Planning Goals C. Code Standards D. Evidence of Change or Mistake III. SUMMARY IV. ATTACHMENTS A. Vicinity Map B. Fee C. Copy of Deed r soar\sma\aotee.u. I. INTRODUCTION AND BACKGROUND This is a proposal to change the Comprehensive Plan designation on the subject site from Commercial Professional to Light Industrial, and the corresponding zoning from "CP" to "IP." The purpose of the change is to establish a range of potential land uses for the site that is more consistent with the existing site development and the surrounding area. The site was part of the "Key Bank" campus. The existing building formerly housed the bank's computer operations and consequently is a combination of office and industrial design. The bank's operation in this building included approximately 7,000 sq. ft. of office space and approximately 7,400 sq. ft. of warehouse, which housed the computer equipment. William McCormack acquired the property in July 1990 and is in the process of renovating the building to accommodate the needs of his business, W.L. McCormack & Company, which is a construction management firm. Such businesses are allowed in both the CP and IP zones.. An additional building, and related parking, is planned for the vacant part of the site. The building design can accommodate CP and IP uses, but it is anticipated that the most compatible tenants will be in the IP categories, based - on the nature of the area and the surrounding activities. The Plan for NPO #5 was adopted by the City Council on August 22, 1977, (Ord. 77- 69). The Plan and corresponding zone designations were Industrial Park (M-4) on the north side of Sandberg Street and Heavy Industrial (M-2) to the south. Both of these zoning districts allowed commercial office and industrial uses. During the City-wide review of the Comprehensive Plan in 1983, the zoning on the site changed to CP. In 1985, several properties to the northwest of the subject property were rezoned from CP to IP to eliminate the non-conforming status of those properties caused by the 1983 Comprehensive Plan amendments. The decision as to which properties became IP was based largely on the property owner's request. Key Bank requested that all of its properties retain the CP designation. The site abuts IP-zoned properties to the east, developed with a mix of industrial buildings. Across S.W. 72nd Avenue to the west, the "Tech Center" project is zoned both IP and IH, and is developed with several "multi-tenant" industrial buildings. Across S.W. Sandberg Street to the north, the CP-zoned area is developed with office buildings. Three adjacent parcels to the south of the site along S.W. 72nd Avenue are zoned CP. All of these are owned by Key Bank, but only one is developed. This site is in a transition area between the predominantly office area to the north of S.W. Sandberg Street and the predominantly industrial area to the south. H. APPROVAL CRITERIA The Community Development Code provides criteria for approval of the Plan Map/Zoning amendments. Each is reviewed in the following section: A. Comprehensive Plan Policies The applicable Comprehensive Plan Policies are: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #5 and surrounding property owners will be given notice of public hearings related to the request and to their opportunity to comment on the proposal. 2. Plan Policy 4.2.1 is satisfied since the site development has gone through the development review and building permit processes, and has been shown to comply with applicable Federal, State, and regional water quality requirements, including preparation and implementation of a non- point source pollution control plan in compliance with the Oregon Environmental Quality Commission's rules for the Tualatin River Basin. The proposed redesignation does not, by itself, affect compliance with this Plan Policy. 3. Plan Policy 4.3.1 is implemented through the development review process in which building placement and landscaping have been reviewed with respect to minimizing noise impacts of the developing use upon neighboring land uses. 4. Plan Policy 5.1.1 is satisfied because this proposal will enhance the economic diversity of the Tigard area. The subject property is located within a transition area between predominantly office uses to the north and industrial uses to the south. The IP zone will allow the existing/approved site development to accommodate a variety of uses consistent with the nature of the surrounding area. 5. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve the site. A full range of public services are.currently provided to the site. 6. Plan Policy 8.1.1 is satisfied because the proposed redesignation could actually decrease the site's demand on the public roadway system, depending upon the actual occupants of the buildings. A traffic comparison may be made by applying trip generation to the site data: Site Area . . . . . . . . . . . . . . . 79,200 sq. ft. (1.82 ac) Building Area . . . . . . . * * * . . . 27,400 sq. ft. CP Trip Generation . . . . . 520 Vehicles per Day (ITE Code 710) IP Trip Generation . . . . . 241 Vehicles per Day (ITE Code 110) i 2 - 416- 11- Therefore, the plan/zone change will not significantly effect the transportation system. 7. Plan Policy 8.1.3 is satisfied since all transportation improvements to support the site are in place. 8. Plan Policy 12.2.1 provides locational criteria for the commercial plan designations. The Commercial Professional criteria indicate that site suitability, infrastructure, and adjacent land uses are the key elements F in'locating CP areas. "High visibility" is a site characteristic which is not a quality exhibited by the subject site. Of particular note is x the site's location, existing development, and surrounding uses, which are not definitively CP in nature. 9. Plan Policy 12.3.1(b) provides locational criteria for Light Industrial f- designation: "b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE: [ 1. BUFFERED FROM RESIDENTIAL AREAS TO ENSURE THAT PRIVACY AND THE RESIDENTIAL CHARACTER- OF•THE AREA ARE PRESERVED." COMMENT: There are no residential areas in the vicinity of the site. "2. LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL AREAS.. s. COMMENT: The site has access to S.W. 72nd Avenue vi.a S.W. Sandberg z; Street. "c. THE SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR THE SHORT AND LONG RANGE NEEDS OF THE USE." t COMMENT: The site can accommodate the existing and planned development. "d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE TOPOGRAPHY OF LESS THAN 6% GRADE, OR THAT IT CAN BE-DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL LIMITATIONS TO DEVELOPMENT AND THE PROVISION OF SERVICES CAN BE MITIGATED." COMMENT: The site grades have been taken into consideration in the development of such that extensive grading is not required. s i o...ov.~....... - 3 - "e. IT BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE, AND OTHER EXTERNAL EFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES AND USES ON SURROUNDING PROPERTIES." COMMENT: Surrounding properties are developed in light industrial and office uses, which are consistent with the nature of the site. Existing landscaping and building setbacks ensure that no use conflicts will occur. "f. ALL OTHER APPLICABLE PLAN POLICIES CAN BE MET." COMMENT: No conflicts with other plan policies have been identified. B. Statewide Planning Goals 1.- Goal #1 (Citizen Involvement) is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by neighborhood planning organizations (NPOs). In addition, public notice requirements related to this application will be satisfied. 2. Goal #2 (Land Use Planning) is satisfied because the City will apply applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Community Development Code requirements to the review of this proposal. 3. Goal #9 (Economy of the State) is satisfied because the proposed redesignation would increase the City's inventory of developable Light Industrial land on a parcel which is best suited for Industrial/IP uses. 4. Goal #12 (Transportation) is satisfied because the proposed IP designation will not increase potential site generated traffic, as documented by a traffic comparison in a preceding section. C. Code Standards Section 18.68.010 of the Code provides a statement of purpose for the IP District." "1. For combing light manufacturing, office and complementary-related commercial uses, e.g., restaurant, barber shop, beauty salons, and fitness centers; 2. For combining uses which have no off-site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off-site impacts;" Comment: The existing and planned development will accommodate a variety of uses that meet the performance standards. ,...~,n»...r..,. - 4 - i "3. For combining parking, landscaping and other design features which physically and visually link structures and uses within one development;" Comment: The entire site is planned as a unit, in a manner consistent with adjacent properties. "4. Which prohibit residential use;" Comment: The site and area are nonresidential. "5. Which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites; 6. Which provide for a circulation system that provides direct access to arterials or collectors that will not channel traffic through residential area;" Comment: The street and utility pattern is established, with access to a collector street. 117. Which utilize an internal circulation system which connects to adjoining sites;" Comment: The subject site and an adjacent parcel share an access point. "8. Which provide a complete set of pre-imposed restrictions (e.g., deed restrictions, restriction covenants, etc.), that are enforceable upon all occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off-street parking, and site maintenance. 9. Which provide evidence of continuing management responsibility to enforce restrictions established upon the original development plan; and" Comment: The subject site is under a single ownership, which will ensure appropriate maintenance. 1110. Which recognize the differing transportation requirements of employees and service vehicles with adequate provision for public transit access." Comment: Tri-Met Route 38 serves the site on S.W. 72nd Avenue. r D. EVIDENCE OF A CHANGE OR MISTAKE As noted above, the area within which the site is located was studied in 1985 and partially rezoned to IP in response to concerns that the actual land uses were not consistent with the existing CP zoning. Although the building on the site has an industrial character, the owner at that time was predominantly an office-type use and, hence, preferred to retain the CP . zoning on all of its properties. The recent sale to the current owner precipitated the desire to more accurately plan and zone the property, given the character of the site development and the surrounding area. This history of events indicates that in 1985, the City perceived a mistake in the original plan/zone designations in this area, and had the property owner so desired, this site likely would have been rezoned to IP at that time. This condition continues to exist, with a building of industrial character abutted by similar development to the east and west that is already zoned IP. -Therefore, it is clear that a mistake was made in -the original designation, and that IP is a more appropriate designation to reflect the transitional nature of the area between the office use to the north and industrial use to the south. III. SUMMARY This site is in a transitional area between the predominantly office and industrial areas to the north and south, respectively. The adjacent properties to the east and west are zoned IP and are industrial in character. The proposed change to IP meets the required criteria and responds to the nature of the existing site development, and also is consistent with the public infrastructure in the area. It is therefore requested that the plan and zoning on this site be changed to Light Industrial and IP, respectively. ,a e..,~.,A..,..... - 6 - COUNCIL AGENM ITEM: r7 CITY OF TIGARD, ORMW COUNCIL AGENDA TM4 SUMMARY ADEN M OF: October 22, 1990 DATE SUFYmI`i`I'ID: October 11, 1990 ISSEJE/AGQIDA TME: Partial retention pr=ICE7s A=CK: Street System Development Charge PREPAM BY: Patrick J. Reilly DEPT HEAD OK CITY A MIN REVJES1'ED BY: POOI?CY ISSUE Shall the city retain a local system development charge for streets? Il TION SLZ24ARY Voters approved a county wide traffic fee in September, 1990 with a 72% yes vote. The effective date of implementation is October 22, 1990. The fee is based upon the number of trips generated by a development multiplied by the applicable TIF rate. For example, a single family residence's rate is $135 per average weekday trip and would pay a TIF of $1350 based upon 10 trips per day. The rate is essentially the same as what the county was charging in unincorporated areas, the only difference being a rate increase of $10 for transit. The City will administer this program in concert with Washington County, which would include applying certain credits for work accomplished; all money would be expended in our planning area. An agreement outlining responsibilities is being developed and should be before Council in the near future. E &.ensive discussion took place during development of the County wide TIF program about the future of municipal SDCs if the TIF program was voter approved and it was decided that imposition of local SDC for transportation purposes was at local discretion, due to the need to aodate growth. The development commnity opposed the local option, favoring a flat rate county wide. It is my understanding that, as of this writing, no other city is considering a local SDC for transportation purposes. In addition it is important to note that new state regulations concerning system development charges takes effect July 1, 1991. This will require justification for such charges and limit types of expenditures permitted. Me county wide TIF is exempt due to the vote, although it appears to be in substantial compliance with state law. Any local-option SDC would have to coMply, however. CONSIDERED 1. Eliminate our system development charge for transportation rejected due to need to generate revenue to accommodate growth. The TIF, it is estimated, will produce revenues sufficient to meet only 32$ of future im z-o- vement costs for our urban planning area and 42% of future-inprovement projects within existing city limits. 2. Continuation of our current charge of $600 for a single family residential unit ...rejected due to degree of disparity it would cause between development • within Tigard and within adjacent oommamities and unincorporated areas. i 3. Continuation of a local system development change, but at a lesser anournt... selected, because of revemm stream created, but reduction of disparity. FISCAL IMPAGT Anticipated revenues associated only with the local SDC for transportation pMpases are estimated to be apprmcixmtely $130,000 through the end of this fiscal year. SUGGESTED ACPI~i Staff reoomwem s that the Council direct staff to initiate ordinance preparation, establishing a system development charge for transportation of $250 for single fancily unit, $95 for mobile home court space, $15o for multi family residential unit and $35 per parking space required for comm=ial, dial and institutional deve1cpaaent. F m ther, that Council direct staff to administer the aforementioned proposed rates during the period prior to adoption of the amending ordinance but current with iuplementation of TIP'. Last, that staff submit justification for the system developanent charge in accordance with state statute.