City Council Packet - 11/05/1990
REVISED (RENUMBERED)
CITY OF TIGARD
TIGARD CITY COUNCIL AGENDA OREGON
BUSINESS MEETING
NOVEMBER 5, 1990 6:30 PM PUBLIC NOTICE.- Anyone wishing to
TIGiARD CIVIC CENTER speak on an agenda item should sign on the appropriate sign-up
13125 SW HALL BLVD sheet(s). ff no sheet Is available, ask to be recognized by the
TIGARD, OREGON 97223 Mayor at the beginning of that agenda item. Visitor's Agenda
Items are asked to be two minutes or less. Longer matters can be
set for a future Agenda by contacting either the Mayor or the City
Administrator.
• STUDY SESSION (6:30 p.m.)
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
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)
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 Receive and File: Council Calendar
3.2 Approve Appointments to the Cooperative Library Advisory Board (Washington County)
3.3 Sign Code Exception SCE 90-0003 - Final Order - Tigard Retail Center - Resolution No.
90--Lq
4. ZONE CHANGE ANNEXATION ZCA 90-0012 SCIHECKLA ANNEXATION (NPO #6) A
request to annex a 20.49 and a 2.72 acre parcel into the City of Tigard and to assign zoning
designations of R-7, (Residential, 7 units/acre) and R-12 (Residential, 12 units/acre). The parcel
is located south of Durham Road between Serena Way and 104th Avenue. ZONE: R-7
(Residential, 7 units/acre and R-12, Residential, 12 units/acre) LOCATION: 10200 SW Durham
Road (WCTM 2S1 14BB, tax lot 5800 and 2S1 146C, tax lot 1500)
• 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: Resolution No. 90-70 & Ordinance No. 90-,~j
s
5. PUBLIC TEARING - SUBDIVISION SUB 90-0010 CASTILE/MCMONAGLE (NPO #6) An
appeal of a Hearings Officer decision for a Subdivision to divide a site which is approximately 1.45
acres in size into six parcels ranging from 7,500 to 10,800 square feet in size. ZONE: R-4.5
(Residential, 4.5 unit/acre) LOCATION: 14380 SW 97th Avenue (1NCTM 2S1 11 BA, tax lot 1301)
• 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
6. 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.
7. ADJOURNMENT
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` COUNCIL AGENDA ITEM NO.•I
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - NOVEMBER 5, 1990
6:30 p.m.
1. ROLL CALL: Present: President Pro-Tem John Schwartz;
Councilors Carolyn Eadon and Joe Kasten. Staff Present:
Patrick Reilly, City Administrator; Ken Elliott, Legal
Counsel; Keith Liden, Senior Planner; Ed Murphy, Community
Development Director; Catherine Wheatley, City Recorder; and
Randy Wooley, City Engineer.
2. EXECUTIVE SESSION: The Tigard City Council went into
Executive Section at 6:35 p.m. under the provisions of ORS
192.660(1)(d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
(Council meeting reconvened: 6:39 p.m.)
C 3. AGENDA REVIEW:
a. Legal Counsel reviewed process for the annexation public
hearing. Senior Planner Liden reviewed the zoning
history for the proposed annexation area. City Engineer
advised that a portion of the property was the subject of
condemnation proceedings for Durham Road right-of-way.
This process is separate and has no bearing on
annexation.
With regard to zoning of the property, Senior Planner
Liden advised that it was within Tigard's Active Planning
area; therefore, the City would not have to wait a year
if it appeared that rezoning would be desirable.
b. Council briefly reviewed process for the
Castile/McMonagle appeal public hearing.
4. VISITOR'S AGENDA
a. Paul Norr, attorney representing Triad Company, 200 Alder
Park Building, 808 SW Alder Street, Portland, Oregon
97205 addressed Council on the following issue: Council
denied a site development review and planned development
for a 364-unit apartment complex at SW 109th & Naeve on
CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 1
October 22, 1990. Mr. Norr requested clarification on
Council's position with regard to a transportation route
which would connect the subject property at Pacific
Highway and Beef Bend Road. The developer, according to
Mr. Norr, had approached the Oregon Department of
Transportation (ODOT) with this alternative. However,
ODOT advised they would only respond and document their
position at the City's request.
After brief discussion, Council consensus was to direct
staff to meet with ODOT representatives about
transportation for the entire area and obtain a written
response from the State on the issue.
4. CONSENT AGENDA
a. Motion by Councilor Eadon, seconded by Councilor Kasten
to approve the Consent Agenda:
.1 Receive and File: Council Calendar
t
.2 Approve Appointments to the Cooperative Library
Advisory Board (Washington County) f
.3 Sign Code Exception SCE 90-0003 - Final Order
Tigard Retail Center - Resolution No. 90-69
The motion was approved by a unanimous vote of Council
f present.
5. ZONE CHANGE ANNEXATION ZCA 90-0012 SCHECKLA ANNEXATION (NPO
j~6 A request to annex a 20.49 and a 2.72 acre parcel into
the City of Tigard and to assign zoning designations of R-7,
(Residential, 7 units/acre) and R-12 (Residential, 12
units/acre). The parcel is located south of Durham Road
between Serena Way and 104th Avenue. ZONE: R-7 (Residential,
7 units/acre and R-12, Residential, 12 units/acre) LOCATION:
10200 SW Durham Road (WCTM 2S1 14BB, tax lot 5800 and 281
14BC, tax lot 1500)
a. The public hearing was opened.
b. Councilor Schwartz advised he had had conversations
recently with both Mr. Ken Scheckla and Mr. Leonard
Scheckla. The subject of conversation with Mr. Leonard
Scheckla concerned City land acquisition for right-of-way
on Durham Road. He advised that he had not discussed the
issue of annexation.
C. Senior Planner Liden reviewed the annexation proposal.
(See staff report filed with the council meeting
material.) He reviewed the zoning history in the area
from 1983 to present.
CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 2
d. Public Testimony:
David Bantz, OTAK, 17355 S.W. Boones Ferry, Lake
• Oswego, Oregon 97035, advised he was working with
the developer for the property. The application
for annexation has bLsn submitted to the Boundary
Commission for their review. He advised that a
meeting had been scheduled with the NPO the next
week for their review of the proposed subdivision.
E
The development planned is for 82 lots which is at
a much lower density than current zoning would
allow. {
c
Mr. Bantz asked for City Council support and to
forward a positive recommendation for annexation to
the Boundary Commission.
• Joel Scoggins, 16126 S.W. 104th, Tigard, OR 97224 b,
testified he did not agree with the R-7 and R-12
zoning and development which could occur (i.e,
apartments). He noted increasing concerns with
traffic in the area and advised the City of Tigard
would not be best served by the present zoning of
x
this property.
• Jackie Shannon-Hollis 10245 S.W. Serena Way, '
Tigard, Oregon 97224 expressed concern about the
zoning and protection of the natural s
buffering/screening of the fir trees now on the
property.
• Gary Cook, 10582 S.W. Kent Street, Tigard, OR
97224, advised he was not opposed to the
annexation, but disagreed with the R-12 zoning
designation. He said he did not believe that
apartments were an appropriate use of this property
and outlined problems experienced from a nearby
apartment complex.
• Robert L. Lomerz, 10567 S.W. Tualatin Drive,
Tigard, Oregon 97224 noted his concerns with the
zoning and urged the Council to consider a lower
density zone change prior to annexation of the
property.
• Kevin Nolan, 10225 S.W. Serena Way, Tigard, OR
97224, testified that he was concerned about losing
the stand of trees on the subject property. He
also noted concerns with the zoning density.
CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 3
f
• Bob Sellers, 10421 S.W. Kent Street, Tigard, OR
97224, argued that the property now zoned R-12
should be rezoned R-7 and the property now zoned
R-7 should be rezoned R-4.5. He advised the
schools and roads were already overwhelmed and that
the present zoning was incorrect.
• Brad Florey, 10400 S.W. Tualatin Drive, Tigard, OR
97224 advised he was testifying on behalf of a
number of people who were in opposition to the
present zoning of the property. School impact and
road safety should be considered.
• Ross Rieke, 10543 S.W. River Drive, Tigard, OR
97224 advised he was not against the annexation
proposal, but he would not want to see apartments
built on the subject property. He cautioned that,
while the developer is currently planning to build
at a lower density, the possibility exists that
apartments could be built if for some reason the
existing proposal is dropped.
• Keith Borgnine, 16081 S.W. 104th Avenue, Tigard, OR
97224 testified he was opposed to the R-12 zoning.
He noted safety problems inherent with additional
traffic. He also referred to problems experienced
( by the crowded school system.
• Mark Herndon, 10265 S.W. Serena Way, Tigard, OR
97224 also stressed concerns with traffic
congestion. He pointed out that continued
development along the Tualatin River would make the
current clean-up effort more expensive. He
referred to protection of quality of life issues in
general.
• Mike Colson, 10647 S.W. River Drive, Tigard, OR
97224 challenged the R-12 zoning designation and
expressed concern that the potential for future
development of apartments was still left open. He
noted he was not opposed to the annexation.
e. Senior Planner Liden presented the staff recommendation
which was to forward a positive recommendation to the
Boundary Commission for approval of the annexation
request.
f. Council discussed the State's requirement for Tigard to
maintain an average housing density of 10 units per acre.
Senior Planner Liden advised Tigard had a 287-unit
surplus. If the entire area under consideration to be
CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 4
annexed was zoned R-7, the surplus would be reduced by
55-60 units. Council comments favored rezoning the
entire area to R-7.
g. Public hearing was closed.
h. RESOLUTION NO. 90-70 - A RESOLUTION INITIATING ANNEXATION
TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN S
EXHIBIT "All AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA
90-0012 SHECKLA)
i. Motion by Councilor Eadon, seconded by Councilor Kasten, c
to approve Resolution No. 90-70.
The motion passed by a unanimous vote of Council present.
j. ORDINANCE NO. 90-39 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 90-0012
SCHECKLA) AND DECLARING AN EFFECTIVE DATE.
k. Motion by Councilor Eadon, seconded by Councilor Kasten,
to amend and adopt ordinance No. 90-39 to rezone the
entire property R-7. t
The motion was approved by a unanimous vote of Council
present.
6. PUBLIC HEARING - SUBDIVISION SUB 90-0010 CASTILE/NCNONAGLE
(NPO #6) An appeal of a Hearings Officer decision for a
Subdivision to divide a site which is approximately 1.45 acres
in size into six parcels ranging from 7,500 to 10,800 square
feet in size. ZONE: R-4.5 (Residential, 4.5 unit/acre)
LOCATION: 14380 SW 97th Avenue (WCTM 2S1 11BA, tax lot 1301)
a. The public hearing was opened.
b. There were no declarations or challenges.
C. Senior Planner Liden summarized the issues. Staff recommended
affirmation of the hearings officer decision with modification
to the condition for storm drainage.
d. Public testimony:
• Stephanie Mitchell of NPO 6 outlined the NPO's concerns
regarding sanitary sewers, storm drainage, allowance of a
private street, and lot sizes. She said the NPO was not
against development of the property.
W CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 5
• W. L: McMonagle testified for the applicant; he
reviewed the NPO's concerns. Mr. McMonagle
contended that the lots did meet minimum size
requirements. He submitted an alternate plan
showing reconfiguration of the private street.
• Alan Peterman, 9335 S.W. View Terrace, Tigard, OR
97224 read a letter noting concerns with minimal
lot sizes and drainage issues.
• Lorraine and Ed Moore, 14405 S.W. 97th Avenue,
Tigard, Oregon a letter was submitted and
entered for the record (dated November 1, 1990).
The letter stated they were not against the
subdivision, but consideration should be given to
traffic problems in the area.
e. Lengthy Council discussion followed on the issues
raised by the NPO and the alternate plan submitted
by Mr. McMonagle.
Motion by Councilor Eadon, seconded by Councilor
Kasten to set the public hearing over to the
December 17, 1990 Council meeting. In the interim,
staff, the applicant, and the NPO will review the
overall traffic circulation, verify lots are at
least 7500 square feet in size, and examine
drainage adequacy.
The motion was approved by a unanimous vote of
Council present.
7. ADJOURNPUMT: 9:05 p.m.
I
herine Wheatley, Cit Recorde
ATT S
Gerald R. Edwards, Mayor f 7 ~qd
CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 1990 - PAGE 6
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• the; same location or by calling 639-4171. You are inDirectorvorited. to City ; submit ~vrit-
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City of Tigard o ❑ Duplicate Affidavit ten testimony m advance of the public,hearing; . will be conducted in
. willbe considered at thehearui$. 'The public hearing d Municipal:
• PO Box 23397 cordance, with ;the applicable Chapter 18:32 oE`the 'ligar
Council and available at
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AFFIDAVIT OF PUBLICATION 7;500 to`10,800'-squaw; feet in`size. ZONE R-4.S tRes'd~ 'h5
I OCATION..14380 S.W 97th: Av ' u6:;. WCTM 2Si 11BA, -
unit/4cre).
STATE OF OREGON, 1ss tax 16t'1301).
COUNTY OF WASHINGTON,) ~+*.*rr G.,ANNEXATTON {w~s~■
Judith Koehler s s* WX TTON = 1 into the City of Tigard
I, hat I '1ts dvertising A request.to annexa 20A9-and a 2.72 acre parse and
units/acre)'.
~'t garc~ and to assign`zoning designations idential, 7
being first duly swnci aleelerk, of theay 'The, arcel is located south of lielY►
Director, or his p P in the ,R-12 (Residential; 12 unitslacre).,. p.. .
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fo s ~n 044 Durham`Rogd (WCTM 2S1 14BB, tax lot 5800 and 2SI 14BC. tail for
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a printed copy of which is her
One successive and Council shall ,review the following proposed~~°e°~ °f
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entire issue of said newspaper iiinict ~Code~
consecutive in l)„amend the de5nition of group
issues: Title 18:of the Bard Ml, children's day 4r bobysit
the following :~reLidrtul, tesret!1? s~ the
tober 25, 1990 kting.service in Secttan.'1842 46% ,:references'to thts}'c, }
Oc remainder,of Title .18, 2) amend Section 18 32 to conform ,with
law regarding procedural, requirements as well as:other proved
$es- in- Section .18.32: and other sectians° of Title;' 18, 3) itbdards °a .
18.162 pertaining to lot.line adjustinent"and- parntionnng
11 procedures; and 4) sihind typographical errors to Title 18.
Of October 1990 Tr1735 Publish October25,1990
25th day
Subscribed and swor to before me this
jNotary Public for Oregon
my Commiss xpires: (
AFFIDAVIT
RECEIVED TIMES PUBLISHING COMPANY Legal Tr 7746
N 0 V 14199,) P.O. BOX 370 PHONE (503) 684-0360 NotI.e
BEAVERTON, OREGON 97075
CITY OF TIGAAD
Legal Notice Advertising
City of Tigard • ❑ Tearsheet Notice
PO Box 23397
° Tigard, Or 97223 ° 13 Duplicate Affidavi $ ;
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STATE OF OREGON, ) fay' " .
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being first duly sworn, depose and say11hat 18rt~..,the Advertising N `U_ 11, . U c o.
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a newspaper of general circµlation as defined in ORS 193.010 0 cK o r.
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November 1 1990-~
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Subscribed and swor o before me this 1st day of November 1990
Notary Public for Oregon
My Commissi Expires:
AFFIDAVIT
CITY OF TIGARD, ORBWN
AFFIDAVIT OF Posrn4G
In the Matter of the Proposed
dz~ D - 0
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, - begin first duly sworn, on
oath, d and say:
That I posted in follow' public and conspicuous places, a copy of
ordinance Number (s) a' l
which were adopted at the council Meeting dated Il
copy(s) of said ordinance(s) be' hereto attached and reference made a part
hereof, on the )(a date of ~ ~ A , 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. Albertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and
SW Durham Road, Tigard, Oregon
I
5111crilie~l and sworn to before me this date of 19.
Notary Public for Oregon
My Commission Expires: Q q
IL ke/0QPO.ST
CITY OF TIGARD, OREGON
ORDINANCE NO. 90-1L
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 90-
0012 SCHECKLA) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by all owners of
the subject property; and
WHEREAS, the City Council held a public hearing on November 5, 1990, to consider
the annexation request and to consider zoning designation for the property; and
WHEREAS, on November 5, 1990, the City Council approved and resolution forwarding
the annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the zoning district designation recommended by the Planning staff and
set forth in section 1 below is that which conforms to the designation assigned
to the property on the Comprehensive Plan Land Use Map adopted by the City of r
Tigard.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The recommendation of the Planning staff as set forth below is
consistent with Policies 10. and 10. of the City~s Comprehensive
Plan.
i
Tax Ma»/Lot Number Current Zoning Proposed Zonis C(Z-~7P D, AQr
2S1 14BB 5800 Wa. Co. R-9 Tigard caps the ca" ~un~(
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2S1 14BC 1500 Wa. Co. R-9 R-7(PD)
SECTION 2: The property meets the definition for a developing area as defined in
Chapter 18.138 of the Community Development Code and shall be
designated as such on the development standards area map.
SECTION 3: This ordinance shall become effective upon filing of the annexation
final order with the office of the Secretary of State.
PASSED: By UI1LCY11fYli)i ff, vote of the Council members present after being
read by number and title only, this day of
1990.
&/1 Catherine Wheatley, City Recor er
APPROVED: This -day of `f ) 4 , 1990.
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Please sign in to testify on the following:
AGENDA ITEM NO. _ 4 DATE: 11/5190
ZONE CHANGE ANNEXATION ZCA 90-0012 SCHECKLA ANNEXATION
NPO 6
PLEASE PRINT
NAME & ADDRESS NAME & ADDRESS
PROPONENTS OPPONENTS
Joe- seo6c"
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Please sign in to testify on the following:
AGENDA ITEM NO. 5 DATE: 11/5/90
PUBLIC HEARING - SUBDIVISION SUB 90-0010 CASTILE/
MCMONAGLE - NPO 6
PLEASE PRINT
NAME & ADDRESS NAME & ADDRESS
FOR APPEAL AGAINST APPEAL,
NPo6
CLACKAMAS
MULTNOMAH
WASHINGTON
O CT 3 0 1990
7
•e' a •e•e r• e r I :e jib e e
320 S.W. STARK STREET (SUITE 530) PORTLAND, OREGON 97204 PHONE 229-5307
October 26, 1990
i
Donna M. Stovall I
8307 S. W. 41st Ave.
Portland. Oregon 97219 i
f
Dear Mrs. Stovall, Reference: 2872
i
This is in response to the written testimony which you delivered
to the Boundary Commission office on October 25, 1990.
First, let me assure you that this testimony will be given to the
Boundary Commission as a part of the staff report which they will
receive prior to the public hearing on this annexation.
An annexation has two parts which are somewhat separate and
distinct. First an annexation must be initiated. Then it must
be considered and decided. The initiation may be accomplished by
"a petition signed by the owners of at least one-half the land
area." ORS 199.490 (1)(c). The proposed annexation consists of
TL 1500, SW 1/4, NW 1/4 Sec. 14 and TL 5800, NW 1/4 NW 1/4 of
Sec. 14. Tax Lot 1500 contains 2.72 acres and is owned entirely
by Leonard Scheckla. TL 5800 contains 20.49 acres. One-fourth
of TL 5800 is owned by Leonard Scheckla; one-fourth is owned by
Michael Scheckla; one-fourth is owned by Kenneth Scheckla and
one-fourth is owned by, you. The total acreage in the proposed
annexation is 23.21. Assuming you did not sign the petition, the
total acreage signed for is 18.0875 which is more than the one-
half required to initiate an annexation. Therefore we do have a
valid petition initiating an annexation.
The second part of the annexation process is consideration and
decision. This includes a staff investigation (including
issuance of a staff report) and public hearing. If you object to
the annexation you should raise this objection during this part
of the annexation. Please send any further written comments to
the office and we will include them in our staff report. Please
feel free to contact the staff to discuss this proposal and give
STAFF: COMMISSIONERS:
KENNETH S. MARTIN, Executive Officer WAYNNE ATTEBERRY, Chair DONALD JOHNSON
DENIECE WON, Executive Assistant RAYMOND BARTEL. Vice-Chair SY KORNBRODT
MARCIA GWYNNE. Executive Assistant BOB BOUNEFF MURUN LITSON
LANA RULIEN, Administrative Assistant ELEANOR DAVIS ARDIS STEVENSON k
JOHN HALL RICHARD WEILL k
MARILYNN HELZERMAN TOM WHITTAKER
Donna M. Stovell
October 26, 1990
Page 2
l
your input verbally. Finally you may wish to appear at the
public hearing and express your position directly to the Boundary
Commission.
Sincerely,
Kenneth S. Martin
Executive Officer
KSM/lmr
CC: Wayne Atteberry
Leonard Scheckla
Michael Scheckla
Kenneth Scheckla
Ken Acker, City of Tigard
COUNCIL AGENDA ITEM 3 1
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator
DATE: October 26, 1990
SUBJECT: COUNCIL CALENDAR, November - December 190
Official Council meetings are marked with an asterisk If
generally OK, we can proceed and make specific adjustments in the
Monthly Council Calendars.
November '90
*5 Mon Council Business Agenda (6:30/7:30)
6 Tues Election Day
10-12 Sat- League of Oregon Cities Annual Conference - Portland
Mon
12 Mon Veteran's Day Holiday - City Offices Closed
13 Tues Lake Oswego Joint Council Meeting (7:00 p.m.;
Location TBA)
16-18 Mon Council Retreat Weekend
*19 Mon Council Business Agenda (5:30/7:30)
22-23 Thur- Thanksgiving Holiday - City Offices Closed
Fri
*26 Mon Council Business Agenda (5:30/7:30)
30 Fri Departure Day - National League of Cities; Houston,
Texas
December '90
1-5 Sat- National League of Cities; Houston, Texas
Wed
*10 Mon Council Business Agenda (5:30/7:30)
*17 Mon Council Business Agenda (5:30/7:30)
25 Tue Christmas Day Holiday - City Offices Closed
January '91
1 Tue New Years Day - City Offices Closed
*14 Mon Council Business Agenda (6:30/7:30)
*21 Mon Council Study Agenda (6:30/7:30)
*28 Mon Council Business Agenda
cccal
Council Calendar - Page 1
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COUNCIL AGENDA ITEM 3.Z
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 5. 1990 DATE SUBMITTED: Oct. 19, 1
ISSUE/AGENDA TITLE: Appointments to PREVIOUS ACTION: None
t Cooperative L'b a Adviso '1
Board as in to Count 1 i PREPARED BY: I. Ertell
DEPT HEAD OK ITY ADMIN OK; REQUESTED BY: P. Reilly €
PO SS
None
c
INFORMATION SUMMARY
The terms for Tigard's representative and alternate to the Cooperative
Library Advisory Board (CLAB) have expired. Yvonne Burgess was appointed in.
August 1989 to finish an unexpired term. Yvonne has indicated her
willingness to serve a full term. Vince Matarrese, alternate, wishes to be
replaced. Carolyn Eadon has expressed a willingness to be the alternate.
5
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ALTERNATIVES CONSIDERED
1. Appoint Yvonne Burgess as Tigard's representative to the CLAB and Carolyn!
Eadon as alternate.
2. Make other appointments as City Council may designate.'
FISCAL IMPACT
None'
SUGGESTED ACTION
Appoint Yvonne Burgess as Tigard's representative to the CLAB and Carolyn
Eadon as alternate.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF. 11/5/90 DATE SUBMITTED: 10/25/90
ISSUE/AGENDA TITLE: Sian code PREVIOUS ACTION: City Council denial
Exception SCE 90-0003 review of
Tigard Retail Center
PREPARED BY: Keith Liden
DEPT BEAD OK CITY ADMIN OK REQUESTED BY:
P LICY ISSUE
Should the applicant be allowed mole freestanding sign area than permitted by
the normal standards of Community Development Code?
INFORMATION SUMMARY
On October 8, 1990, the City Council reviewed a Planning Commission decision to
approve a Sign Code Exception for Tigard Retail Center. The Council determined
that the exception did not meet the applicable code criteria and denied the
application. The staff was directed to prepare a final order.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution for denial.
2. Modify and approve the attached resolution for denial.
FISCAL IMPACT
SUGGESTED ACTION
Approve the resolution
SCE90-03.SUM/kl
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 5, 1990 DATE SUBMITTED: October 24, 1990
ISSUE/AGENDA TITLE: Scheckla PREVIOUS ACTION: None
Zone Chance Annexation
ZCA 90-001 PREPARED BY: John Acker
DEPT HEAD OXAJhZ CITY ADMIN OR REQUESTED BY:
POLICY ISSUE
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a request for annexation of a 23.21 acres
located south of Durham Road?
INFORMATION SUMMARY
This annexation request consists of two parcels totalling 23.21 acres that are
contiguous to the City of Tigard. This property is located within Tigard's
area of interest. Attached is a resolution to forward the annexation request
and an ordinance to change the zone designation from Washington County R-9 to
City of Tigard R-7 (PD) and R-12 (PD) in conformity with the City's adopted
Comprehensive Plan. City zoning designations were determined for this
property during the comprehensive planning process in 1983 (ORD 83-39,
attached) for the purpose of assuring a transition between property to the east
that is zoned R-12 and property to the west zoned at R-4.5 The zoning was
subsequently clarified on the Comprehensive Plan Map when it was adopted in
November, 1983. In order to expedite the annexation processing time, the
applicant has applied for annexation directly to the Boundary Commission so
that City and Boundary Commission processing can proceed simultaneously.
Attached is a vicinity map, site map, and staff report.
One of the parcels, consisting of 20.49 acres, is co-owned by four people. On
October 26th one of these owners submitted to the City a letter (attached)
stating that her name had been forged on the petition of annexation and that
she has no real objection to the annexation but that she wants some assurances
concerning farm tax deferral, etc.. The Boundary Commission considers the
petition for annexation valid even if one of the signatures is not, because the
owners of over half of the property are still requesting annexation. Our
attorneys have suggested that we continue with the hearing thus giving the
issue a chance to be resolved by the owners and if that does not occur,
objectors will have an opportunity to testify.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution and ordinance to forward the annexation to
the Boundary Commission and to assign plan and zone designations to the
property in conformity with the Comprehensive Plan.
2. Deny the proposal.
FISCAL, IMPACT
Since the applicant has applied for annexation directly to the Boundary
Commission, the Boundary commission fee of $390 has been paid by the applicant.
The current land assessment is $111,370. No significant fiscal impact is
expected until development occurs. As development occurs, there will be
attendant demands for services. However, based upon prior cost/benefit studies
of annexation, it is expected that the overall fiscal impact of this developed
parcel will be positive. A more precise analysis requires development details
not available at this time.
SUGGESTED ACTION
Adopt the attached resolution and ordinance to forward the annexation to the
Boundary Commission and to assign plan and zone designation to the property in
conformity with the Comprehensive Plan.
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STAFF REPORT
MONDAY, November 5, 1990
TIGARD CITY COUNCIL
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON
A. FACTS
1. General Information
CASE: Zone Change Annexation ZCA 90-0012
REQUEST: To annex 23.21 acres of unincorporated Washington County property
into the City of Tigard and to change the zoning designation from
Washington County R-9 (Residential, 9 units per acre) to City of
Tigard R-7 (PD) (Residential 7 units per acre) and R-12 (PD)
(Residential 12 units per acre).
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential 9 units
per acre.
ZONING DESIGNATION: Washington County R-9 (Residential, 9 units per
acre).
APPLICANT: OTAK OWNER: Leonard Scheckla et. al.
17355 S.W. Boons Ferry Rd. 10200 S.W. Durham Rd.
Lake Oswego OR 97035 Tigard, OR 97224
LOCATION: South of S.W. Durham Road between Serena Way and 104th Avenue.
(WCTM 2S1 14BB, Tax Lot 5800 and WCTM 2S1 14BC, Tax Lot 1500.
2. Background Information
In August 1983, the City Council passed Ordinance 83-39 which approved
Comprehensive Plan Amendment CPA 5-83. This ordinance established an area
that includes the subject site as medium density and designated City
zoning for the area. The zoning was designated at that time in order to
assure a transition between the multi-family zone to the west and larger
lot single- family zone to the east. The area was zoned A-12(PD)
(Apartments, 12 units per acre) except for the first 100 feet of
developable land adjacent to Pick's Landing and the Tualatin River which
was zoned R-5(PD) (Residential, 5,000 square foot minimum lot size). How
the City refers to these zones was subsequently changed with A-12 becoming
R-12 and R-5 becoming R-7. The area to which these zoning designation
applies was clarified with the adoption of the Comprehensive Plan Map in
November, 1983 which expanded the R-7 zone to include all land south of a
point equal to the north property line of parcel 2S1 14BC lot 1500. The
planned development overlay was also applied so that non-traditional
development techniques can be used to preserve natural elements of the
site.
No previous applications have been reviewed by the City relating to this
i. property.
STAFF REPORT - SCHECKLA (ZCA 90-0012) PAGE 1
3. Vicinity Information
C- The Tualatin River lies to the south of the subject property. Pick's
Landing Subdivision lies to the east; Swanson's Glenn Subdivision and a
vacant three acre parcel are west of the property. Properties to the north
east and west of the subject parcels are within the City of Tigard.
Immediately south of the subject property is the Tualatin River with the
City of Tualatin on the opposite bank. The City of Tigard R-4.5
(Residential 4.5 units per acre) zone applies to Pick's Landing Subdivision
and the three acre parcel. Swanson's Glenn Subdivision is zoned R-12
(Residential 12 units per acre).
4. Site Information
The parcels have one residence and some out-buildings including a barn. The
upper or northern portion of the property is open field that was formerly
used for agricultural purposes. The property slopes to the south where it
becomes wooded and eventually drops abruptly down an embankment near the
river. The applicant requests an annexation to the City and has indicated
a desire to develop the property for single family residential use.
5. Agency and NPO Comments
The Tigard Police Department has reviewed this proposal and has no
objections.
The Tigard Water District has reviewed this proposal and has no objections.
NPO number 6 has reviewed this proposal and has no objections.
The Tigard School District has reviewed this proposal and stated that the
annexation and re-zoning will have no effect on their ability to service
the parcel. However, should this parcel be approved for construction of
single-family or multi-family housing, the statement of availability will
change.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1, 6.4.1, 10.1.1, 10.1.2, and 10.1.3; and Chapters 18.136 and 18.138 of
the Tigard Community Development Code.
The Planning staff has determined that the proposal is consistent with the
relevant portions of the Tigard Comprehensive Plan based upon the findings
noted below.
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and the Community Planning organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request.
STAFF REPORT - SCHECKLA (ZCA 90-0012) PAGE 2
2. Plan Policy 6.4.1 is satisfied because the annexed land will be
designated as a developing area on the development standards area map.
- This designation allows the use of planned development techniques
which are better suited for preserving natural amenities, such as
those found on the subject property. In order to further assure that
these techniques will be utilized, the staff recommends that the PD
(Planned Development) overlay zone be applied to the property in
addition to the R-7 and R-12 zone designations.
3. Plan Policy 10.1.1 is satisfied because the comments from the
Engineering Division and other service agencies indicate that adequate
urban services are available in the vicinity and may be extended to
accommodate the subject property. There will be no significant
reduction of services available to land already within the City.
4. Plan Policy 10.1.2 is satisfied because the annexation will not
create an irregular City boundary, the Police Department has been
notified of this request, the land is located within Tigard's area of
interest and adequate service capabilities can be made available to
accommodate the eventual development of the property as noted above.
5. Plan Policy 10.1.3 does not apply because the City applied the R-7
and R-12 zone to the property during the comprehensive planning
process and is identified as such in the acknowledged comprehensive
plan.
The Planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the findings
noted below.
1. Section 18.136.030 of the Code is met because all facilities and
services can be made available. The applicable Comprehensive Plan
policies discussed above have been satisfied and the property has been
determined to be a developing area in accordance with criteria in
Chapter 18.138 of the Code.
2. Chapter 18.38 of the Code is satisfied because the property meets the
definition for a developing area and shall be designated as such on
the development standards area map.
C. RECOMMENDATION
Based upon the findings and the conclusions noted above the Planning staff
recommends approval of ZCA 90-0012 and the application of the R-7 (PD)
(Residential, 7 units per acre) and R-12 (PD) (Residential, 12 units per
acre) zone for the property.
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PREPARED BY: Keith Liden, Senior Planner DATE
STAFF REPORT - SCHECKLA (ZCA 90-0012) PAGE 3
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CITY OF TIGARD
ORDINANCE NO. 83-
AN ORDINANCE ADOPTING FINDINGS, AMENDING THE COMPREHENSIVE PLAN P'.f.P (CPA 5-83
Sclieckla/Breed/Bissett) AND DECLARING AND EMERGENCY
WHEREAS, during the review and adoption of the City of Tigard Comprehensive
Plan Map which was adopted by Ordinance 83-24 on May 9, 1983, the City Council
found some conflicts between the Comprehensive Plan Map and existing plan
policies; and
WHEREAS, the Tigard City Council on May 9, 1983, directed the planning staff
to initiate the public hearing process to resolve those conflicts; and
WHEREAS, The proposed Comprehensive Plan Amendment involves property
identified by the City Council as being in conflict with the Comprehensive
Plan policies; and
WHEREAS, a public hearing was held before the Planning Commission on June. 21,
1983; and
WHEREAS, the Planning Commission has made certain recommendations to tnc City
Council; and
WHEREAS, the proposed Comprehensive Plan Amendment was reviewed by
Neighborhood Planning Organization six (NPO # 6); and
WHEREAS, after considering the comments of the Planning Co=ission, the NPO,
and individual citizens, the Council believes that the Comprehensive Plan Map
should be amended in the form set forth in Exhibit "A" attached hereto and, by
this reference, made a part hereof:
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council adopts findings in this case as follows:
1. The property meets the locational criteria for determining
areas cf medium density residential.
2. ;he proposal meets applicable adopted Conpre;-,ensive Plan
policies.
ORDINANCE NO. 83-,79
Section 2: The City Council, therefore, amends the Comprehensive Plan Map
as follows:
designate tax lots 500, 600, 601, 700 and 800 on Wash. Co. Tax Map '
2S1 14B as medium density on the Comprehensive Plan, zone A-12 PD,
except the first 100' along Picks Landing and the river as R-5PD in
the form set forth in the Exhibit "A" attached hereto and, by this
reference, made a part hereof.
Section 3: In order to provide a uniform date for the effectiveness of the
Comprehensive Plan to be adopted by the City Council in 1983, an emergency is
declared and this Comprehensive Flan Amendment shall become effective upon
adoption of the Community Development ;ode and final ratification of the
Comprehensive Plan.
PASSED: By p ~i o vote of all Council members present, after
being read by number and title only this ;L day of 1983.
Recorder - City of Iigard% = i
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APPROVED: By the Mayor, this day of 1983. }
~ayor - City of Tigard
APPROVED AS TO FORM
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L E T T E R O F T E S T I M O N Y
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October 259 1990 RECEIVED
C e,% T 2 6 1990
From: Donna M Stovall
To: PMALGBC, Tigard City Council, & All Interested Parties
Re: Petition For Annexation - 20.49 acres, 10200 SW Durham Rd
The signature of my name on the petition is a forgery.
The matter is pending legal investigation.
s
Provided that the designated land use could not be changed*
i and nothing else could happen to disqualify the property from
' tax deferral, or create any other expense or liability, I `
I would not be opposed to annexation. However, untill those
! assurances are secured, and the above mentioned legal matter
can be resolved, I can neither execute nor support the "Petition
For Annexation."
,
Move-
,
Donna M Stovall
8307 SW 41st Ave
Portland, OR 97219
(503)244-3950
Rhonda L. Etb-Notary Public
My Commission Expires February 17, 1992
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PMALGBC FORM #1
PETITION FOR
Annexation to the City of Tigard
OR I
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Withdrawal from the City of
To: PORTLAND MET°:)POLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
We, the undersigned, constitute at least the owners of one-half the. land
area of the property described in Exhibit A.
We desire to be (annexed to the) OR (withdrawn from the) City of
Tigard _
A map is attached, marked Exhibit B showing the affected territory and its
relationship to the present City boundaries.
The (annexation) OR (withdrawal) constitutes a minor boundary change under
the boundary commission act and should therefore be considered by the
Boundary Commission, and after study a Final Order should be entered by the
Doundary Commission. j
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COUNCIL AGENDA ITEM .r
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 1990 DATE SUBMITTED: October 24,1990
ISSUE/AGENDA TITLE: Appeal of Subdivisi n PREVIOUS ACTION: Hearings Officer
Approval SUB 0-0010 Castile hearing on August 28, 12 20
PREPARED BY: Jerr Offe sst. Planner }
DEPT HEAD O CITY ADMIN OR REQUESTED BY:
POL CY ISSUE
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Should the City Council overturn or modify the land use hearings officer approval s:
of a six lot subdivision located at 14380 SW 97th Avenue?.
INFORMATION SUMMARY
The land use hearings officer approved, subject to conditions, a request for
Subdivision approval for Jim Castile's proposed six lot subdivision. NPO #6
appealed the September 10, 1990 decision citing concerns related to sanitary M
sewers, storm drainage, street location, allowance of a private street, and a
general concern with regard to the pattern of development in the area east of SW
97th Avenue and north of Twality Junior High School. A memo is attached describing
the application, the NPO's concerns, and staff's response to those concerns.
ALTERNATIVES CONSIDERED
Y
1. Affirm the hearings officer's September 10, 1990 decision as is.
2. Affirm the hearings officer's decision and modify condition of approval #as
to add the following:
Furthermore, the applicant shall submit design criteria, calculations
and other information showing that the proposed storm drainage outfall
will not result in standing water, erosion, or other injury to the land
and is otherwise a legal discharge. 1CtCLJ,0 in i
Direct staff to prepare a revised final order including the above
modification.
3. Deny the application and direct staff to prepare a corresponding final order.
FISCAL IMPACT
i
None.
SUGGESTED ACTION
Affirm the hearings officer's decision with the modification described above.
Direct staff to prepare a modified final order.
Q
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council
FROM: Ed Murphy, Director, Community Development
DATE: October 24, 1990
SUBJECT: Appeal of the Hearings Officer Decision
Subdivision SUB 90-0010 (Castile/McMonagle)
SUMMARY OF REQUEST: The applicant requested preliminary plat approval to
subdivide one parcel of approximately 1.45 acres into 6 parcels
ranging from 7,500 to 10,800 square feet in size.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre)
LOCATION: 14380 SW 97th Avenue - East side of SW 97th Avenue north of Butler
Terrace Subdivision and Twality Junior High School (WCTM 2S1 11BA,
Tax Lot 1301).
APPLICANT: Jim Castile, represented by Harris/McMonagle & Associates
CONTRACT OWNER: Jim Castile
HEARINGS OFFICER'S DECISION: Approval, essentially as proposed, subject to
conditions. Decision issued September 10, 1990.
APPELLANT: Neighborhood Planning Organization NPO #6
PRIMARY CONCERNS:
- Adequacy of sanitary sewer system.
- Adequacy of privately owned storm drainage diffusion trench;
failure to direct storm drainage to public storm sewer.
- Private street location; private street rather than public
street.
- Lot configurations and piecemeal development of area.
STAFF RESPONSE TO CONCERNS:
Staff is uncertain as to the nature of the NPO's concern related
to sanitary sewers. The subdivision plan calls for the a public 4
sanitary sewer extension from an existing sanitary sewer in SW
( View Terrace to the east. The capacities of this existing sewer,
downstream lines, and the Unified Sewerage Agency Durham Road
Advanced Wastewater Treatment Plant appear adequate to handle
additional sanitary sewage from the proposed development.
Memo to City Council
October 23, 1990
Page 2
The Engineering Department has reconsidered the department's
recommendation regarding the adequacy of the proposed storm
drainage diffusion trench along with NPO's concern related to the
storm drain not being directed to a public storm sewer. The
proposed diffusion trench is being considered since typical
development of the downstream parcel (i.e., to the north) could
include the extension of the proposed line and abandonment of the
proposed temporary diffusion trench. The Engineering Department
will review a detailed construction plan and other information
required of the applicant by the recommended conditions of
approval to determine if the storm sewer meets City standards.
To ensure that the storm sewer meets City standards, the following
could be added to Condition 15:
Furthermore, the applicant shall submit design
criteria, calculations and other information
showing that the proposed storm drainage outfall
will not result in standing water, erosion, or
other injury to the land and is otherwise a legal
discharge.
The Engineering and Community Development Departments generally
share the concern of the NPO that streets within subdivisions
should be public streets as well as the concern that the proposed
development will continue a pattern of piecemeal development of
this area. Nevertheless, the applicant has satisfied the
applicable subdivision approval requirements of the Community
Development Code and Comprehensive Plan related to access to the
proposed parcels, even if it might have been preferable from the
standpoint of the NPO and City to have the proposed lots front on
a public street. Specifically, Code Section 18.108.070 permits
private residential access drives serving six or less lots. The
City could deny creation of the private street if the City found
it essential to have a public street in order to provide a needed
connection of streets or if it was necessary for a public street
to be developed in order to provide access to another parcel.
Neither of these conditions exist in this situation because SW
View Terrace and SW 97th Avenue abut the adjacent under-developed
parcel to the north, thereby providing both the necessary access
as well as the opportunity for a future connection between these
roads.
In addition, as the staff report points out on page 11, the
applicant's intent to keep the existing house on this property
makes it difficult to divide this property without locating a
street along its southern edge. It would be difficult to create a
logical and efficient lot pattern from this parcel with a street
along this parcel's southern edge curving northward to connect
with SW View Terrace. If the applicant should reconsider his
intent to keep the existing house on the subject parcel, staff
would strongly recommend that the applicant consider a new plan
that would extend a public street across the majority of the
northern boundary of the parcel intended to connect with SW View
Terrace.
STAFF RECOMMENDATION ON APPEAL: Uphold the Hearings Officer's decision, with
the addition of the above stated addition to condition of approval 15.
ATTACHED MATERIALS:
Vicinity Map.
Appeal form filed by NPO #6 on September 20, 1990.
Minutes of September 19, 1990 NPO #6 meeting.
Hearings officer's decision dated September 10, 1990.
Staff report to the Hearings Officer.
Preliminary plat for proposed Castile Park subdivision.
NPO #6 August 15, 1990 meeting comments on the proposed
subdivision.
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LAND USE DEC SI APPEAL FILING FORM
The City o Ti and supports the citizen's right- to
participate in ocal government. Tigard's Land Use 1
Code theref re sets out specific requirements for II
filing appe s o certain land use decisions. C1 !i®F T'G7AThe followin m has been developed to assist you in g
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. LL ~ ~
1. APPLICATION BEING APPEALED:-C&M('2,'-4W1cS//hC) Sz O ~F-0~-DD/O
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6. SIGNATU (S)•
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Receipt No. Amount:
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13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503)6394
171
NPO #6
MINUTES FROM SEPTEMBER 19, 1990
1. Members in attendance were: Carver, Crow, Davenport, Kasson, and
Mitchell. Excused: Dillin, Clinton and Pasteris.
2. Minutes of the August 15, 1990 meeting approved as written.
3. TRIAD SDR 90-0004/PDR 90-0002
After a lengthy discussion between NPO members and guests: Bruce and
Jan Law, Greg Law, Peter and Dorothy Adamski, Betty Peck, Jane Miller
and Richard and Judy Watson the following motion was made:
NPO #6 appeals the decision made by Planning Commission on TRIAD
DEVELOPMENT SDR 90-0004/ PDR 90-0002 based on the following issues:
1) Opening the North end of 109th; 2) Excessive traffic on a local
street; 3) Grade variance; 4) Restrictions to access of local driveways
(both private and business); 5) Limited access to Durham Road due to
"first option" intersection; 6) property is zoned R-25 and should have
direct access to a major arterial; and 7) No consideration given to the
potential development of the properties to the east of 109th and the
consequences of the increased traffic flow through the existing
neighborhoods East of these properties.
This motion passed unanimously.
4. Lot Line Adjustment MIS 90-0015 Royal Oaks/Beacon Homes. This adjustment
was requested in order to place a sidewalk on the west side of a private
drive instead of the east as originally planned. NPO members reviewed
the request and found no objections with it.
OTHER BUSINESS:
Stephanie Mitchell updated the NPO members on the status of the
Castile/McMonagle Subdivision Sub 90-0010. After discussing the
Hearings Officer's findings and learning of the surrounding neighbors'
concerns the following motion was made:
NPO #6 appeals the approval with conditions made by Tigard Hearings
Officer on the above referenced application based on the many concerns
of the local residents including the sewer and storm drainage system,
the private street and the lot configurations.
This motion pass unanimously.
5. The meeting was adjourned at 10:00 PM.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Jim Castile for approval of ) FINAL ORDER
a preliminary plat for a 6-lot subdivision in the R-4.5 )
zone for land adjoining SW 97th Avenue-south of ) SUB 90-0010
McDonald Street in the City of Tigard, Oregon ) (Castile Park)
I. SUMMARY OF THE REQUEST
The applicant requests approval of a preliminary plat to subdivide a 1.45-acre parcel into 6
lots ranging from 6,811 to 10,800 square feet. The applicant proposes to construct a
private drive along the south edge of the site to serve the lots. In addition the applicant will
improve SW 97th Avenue adjoining the site. An interim on-site storm water retention
facility is proposed until adjoining land to the north is developed and a storm sewer is
extended to the site.
Staff recommended conditional approval. In the staff report, the staff recommended that
the preliminary plat be limited to 5 lots to comply with minimum lot area requirements. At
the hearing, the applicant argued and the staff agreed that the proposed 6-lot plat could be
approved consistent with minimum lot area requirements. Five area residents testified.
Four expressed objections and concerns regarding the minimum lot size, the need for an
east-west through street in the area, setbacks and buffers, tree removal, storm drainage,
and detrimental impacts on area schools. One neighbor testified in support of the proposal.
LOCATION: Adjoining the east side of SW 97th Avenue, about 200 feet south of
McDonald Street, WCI'M 2S 1 11BA, Tax Lot 1301
APPLICANT: Jim Castile represented by Harris-McMonagle & Associates
PROPERTY OWNER: Jim Castile
SrM AREA: About 1.45 acres
APPLICABLE LAW: Community Development Code Ch. 18.50, 18.92, 18.108, 18.150,
18.160, and 18.164 and Comprehensive Plan policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1,
and 8.1.3
STAFF RECOMMENDATION: Conditionally approve
EXAMINER'S DECISION: Conditionally approved
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and shape :
The site is a rectangular parcel about 124 feet north-south and 505 feet east-west and
contains about 1.45 acres.
B. Site location :
The site adjoins the east side of SW 97th Avenue feet south of McDonald Street and
about 180 feet north of Twality Junior High School.
Page I - Hearings Oytcer decision
SUB 90-0010 (Castile Park)
C. Existing uses and structures :
There is a dwelling, garage and associated storage shed on the western portion of the
site. A gravel driveway leads from SW 97th Avenue to the garage.
D. Proposed uses and structures :
1. The applicant proposes to divide the site into six lots.
a. Lot 1 will contain about 10,600 square feet and the existing house. It has a lot
width of about 94 feet. The existing garage and shed are proposed for removal.
The preliminary plat notes a new garage will be built to serve the existing home. If
the existing shed is removed from the north side of the house, the house will be
setback about 15 feet from the north property line.
b. Lots 2 through 6 will contain about 7500 square feet and a minimum lot width
of about 67 feet.
2. The applicant will build a private drive within a 30-foot easement along the south
edge of the site from 97th Avenue either to the west edge of lot 5 or 6, depending on
how the lot area is computed. A turn-around is proposed at the east end of the
easement. As shown on the preliminary plat, the turn-around would extend onto lot 6;
however, to comply with minimum lot area requirements for that lot, the turn-around
will have to be moved west, because land within a road easement is not counted toward
lot area. The drive will consist of 24 feet of pavement between curbs. A 5-foot
concrete sidewalk will be built on the north side the curb. About 2-1/2 feet of the
sidewalk will be situated within a 10-foot wide easement on the north side of the private
drive easement. The sidewalk may terminate at the point where the drive serves only
two lots, consistent with CDC 18.108.070. If the sidewalk continues east of that
point, City staff recommends the area of the sidewalk be included in the lot area for the
lots it crosses. The remainder of the 10-foot easement will be used for utilities. The
drive within the easement will be setback about 2-1/2 feet from the south property line,
and the applicant will landscape that setback and install a fence at the south edge of the
site to the extent a fence does not exist between the site and land to the south. A fire
hydrant will be situated within the private drive or utility easements.
3. The applicant also will build a storm water drainage system. See finding H.F.
E. Existing and proposed vegetation :
There are several fir trees and assorted deciduous trees and other landscaping materials
on the western third of the site and along the east edge of the site. The remainder of the
site is mostly open and grass covered. The proposed development's private street,
utilities, and residences will require the removal of a significant number of trees. The
examiner assumes that the site will be landscaped with vegetation typical of other
developed lots in the vicinity.
F. Topography and drainage :
1. The site slopes from an elevation of about 292 feet in the southwest corner to 268
feet in the northeast corner. No grading plan has been submitted.
i
Page 2 - Hearings Officer decision
SUB 90-0010 (Castile Park)
2. The applicant will grant a 20-foot sanitary and storm sewer easement along the north
edge of the site across lots 2 through 6. The applicant will build a 10-inch diameter
` storm sewer line and an 8-inch diameter sanitary sewer line in the easement. Storm
water will flow due east on the paved drive and be directed to an inlet at the east end of
the drive. From there, it will be directed through a closed pipeline to a 3-foot deep and
roughly 50-foot long storm drainage diffusion trench in the storm sewer easement. The
trench will be filled with 2- to 3-inch rock. Storm water from roof and footing drains
also will be directed to the trench. The applicant testified that individual drainage
trenches may be provided for each lot as well as or instead of the single trench shown
on the preliminary plat. The storm sewer would eventually be linked with a public
storm sewer when development to the north makes this feasible. The storm sewer will
drain to McDonald Creek about 600 feet north when intervening land develops.
G. Plan designation and zoning :
The site and vicinity are designated Low Density Residential on the Comprehensive
Plan Map and are zoned R-4.5 (Residential, 4.5 units per acre), except the land to the
northeast known as Mara Court, which is R-7 (Residential, 7 units per acre).
H. Public services and utilities :
The site is served by public sewer and water systems. Sewer service is available from
an existing 8-inch line from an existing manhole at the west end of SW View Terrace
northeast of the site. The line will be extended across a 10- to 15-foot easement over
lot 32 in the Penrose Subdivision to the northeast. A 6-inch diameter water line will be
extended from 97th Avenue in the easement for the private drive.
L Streets and access
1. The site has about 124 feet of frontage along SW 97th Avenue, a major collector
street with a 30-foot paved section but no curbs, storm drains, or sidewalks. The
applicant will dedicate 5 feet for the widening of the 97th Avenue right of way and will
widen the street to a standard half-width section with curb and sidewalk on the east.
2. There is no direct vehicular connection between 97th and 93rd Avenues south of
McDonald Street and north of Sattler Road
a. SW View Terrace is about 100 feet north of the east edge of the site. View
Terrace could be extended west to 97th Avenue in the future. If the applicant
dedicated right of way for such an extension along the north edge of the site, it
would facilitate such a connection, but would result in creation of an irregular and
largely useless remainder tract where the street would have to curve to make the
connection. When adjoining land north of the site develops (TL 1300), View
Terrace could be extended west to 97th Avenue with a less extreme curve, so that it
will not create a largely useless area at the curve.
b. SE Inez Court serves lots south of the site in the Butler Terrace subdivision.
There is no potential for extending that street to 97th Avenue because of intervening
development. There is a pedestrian connection from 97th Avenue to Inez Court
along the north edge of the Twality Junior High School property south of the site.
c. The private drive on the applicant's site cannot be extended directly east to other
public streets to the east because of development to the east.
Page 3 - Hearings Officer decision
SUB 90-0010 (Castile Park)
J. Surrounding land uses :
Land to the north is a roughly 100,000 square foot tract that contain one older single
family home. Land to the east and south is divided into urban-sized lots that are
developed with single family detached dwellings. There is an oversized lot with a
single family home to the southwest. Land to the west is divided into oversized lots
and is developed with single family detached homes. Twality Junior High School is
about 180 feet south of the site.
III. APPLICABLE APPROVAL STANDARDS
A. Community Development Code.
1. Chapter 18.50 contains standards for the R-4.5 zone. A single family detached
residential unit is a permitted use in the zone. Lots in the zone must comply with the
following dimensional requirements:
Minimum lot size 7500 square feet
Average minimum lot width 50 feet
Front setback 20 feet
Interior side setback 5 feet
Street side setback 15 feet/20 feet for a garage
Rear setback 15 feet
Maximum building height 30 feet
2. Chapter 18.92 contains standards for density. The number of dwelling units
permitted is based on the net development area, excluding sensitive land areas and land
dedicated for public roads or parks. To determine the number of lots, multiply the net
development area by the number of units allowed per acre in the zone.
3. Chapter 18.108 allows private streets to serve up to 6 dwelling units subject to
pavement width and improvement standards that vary depending on the number of units
served. A private street serving 6 dwellings is required to have a minimum 24-foot
paved section in a 30-foot easement; curbs and walkways are required except beyond
the point where a private road serves fewer than 3 dwellings. A turn-around is required
for a private street that is more than 150 feet long. A hammerhead turn-around is
permitted if each leg of the hammerhead has a minimum depth of 40 feet and a
minimum width of 20 feet. CDC 18.92.020(A) and 18.26 provide that the area used
for private streets does not count toward the area of any lot.
4. Chapter 18.150 requires a permit and contains standards for removal of trees having
a trunk 6 inches or more in diameter four feet above the ground on undeveloped land.
A permit for tree removal must comply with the following criteria:
a. The trees are diseased, present a danger to property, or interfere with utility
service or traffic safety;
b. The trees have to be removed to construct proposed improvements or to
otherwise utilize the applicant's property in a reasonable manner,
c. The trees are not needed to prevent erosion, instability, or drainage problems;
i
Page 4 - Hearings Officer decision
SUB 90-0010 (Castile Park)
r
d. The trees are not needed to protect nearby trees as windbreaks or as a desirable
balance between shade and open space;
e. The aesthetic character in the area will not be visually adversely affected by the
tree removal; and
f. New vegetation planted by the applicant, if any, will replace the aesthetic value
of trees to be cut.
5. Chapter 18.160 contains standards for land divisions. To be approved, a
preliminary plat must comply with the following criteria:
a. It must comply with the City's comprehensive plan and the applicable zoning
ordinance and other applicable ordinances and regulations;
b. The proposed plat name may not be duplicative and must otherwise comply with
the provisions of ORS Chapter 92;
c. The streets and roads shall be laid out so as to conform to the plats of
subdivisions and maps of major partitions already approved for adjoining property
as to width, general direction and in all other respects unless the City determines it
is in the public interest to modify the street or road pattern.
6. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a development to be
dedicated and improved based on the classification of the street.
b. Section 18.164.030(E) provides a major collector street is to have a minimum
60-foot right of way and 44-foot paved section between curbs and sidewalks.
c. Section 18.164.060 prohibits lot depth from being more than 2-1h times the lot
width and requires at least 25 feet of frontage on a street.
d. Section 18.164.070 requires sidewalks adjoining all collector streets.
e. Section 18.164.090 requires sanitary sewer service.
f. Section 18.164.100 requires adequate provisions for storm water runoff and
dedication of easements for storm drainage facilities.
B. Applicable Comprehensive Plan Policies.
1. Policy 2. 1.1 provides the City will assure citizens will be provided an opportunity
for be involved in all phases of the planning process.
2. Policy 7.1.2 provides the City will require as a condition of development approval
that public water, sewer, and storm drainage will be provided and designed to City
standards and utilities placed underground.
3. Policy 7.3.1 provides the City will coordinate water services with water districts.
Page 5 - Hearings Officer decision
SUB 90-0010 (Castile Park)
f r
4. Policy 7.4.4 requires all new development to be connected to an approved sanitary
sewer system.
5. Policy 8. 1.1 provides the City will plan for a safe and efficient street and roadway
system that meets current needs and anticipated future growth and development.
6. Policy 8.1.3 provides the City will require as a precondition of approval that:
a. Development abuts a dedicated street or has other adequate access;
b. Street right of way shall be dedicated where the street is substandard in width;
c. The developer shall commit to construction of the streets, curbs and sidewalks to
City standards within the development;
d. The developer shall participate in the improvement of existing streets, curbs, and
sidewalks to the extent of the development's impacts;
e. Street improvements shall be made and street signs or signals shall be provided
when the development is found to create or intensify a traffic hazard.
IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
A. Hearing.
The examiner received testimony at the public hearing about this application on August
28, 1990. A record of that testimony is included herein as Exhibit A (Parties of
Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These
- exhibits are filed at the Tigard City Hall.
B. Summary of testimony.
1. Jerry Offer testified for the City and summarized the staff report and
recommendation. He modified the written staff report to recommend approval of a b-
lot land division, provided the private street and turn-around are redesigned so that all
lots comply with minimum dimensional standards and recommended that the area used
for sidewalk east of the point where such sidewalks are required be counted toward lot
area. -
2. Jim Castile and Bill McMonagle testified for the applicant. Mr. Castile introduced a
photograph showing the shed to be removed and testified that the house will be setback
at least 15 feet from the north property line once the shed is removed. He and W.
McMonagle testified that they could modify the private street to reduce its width and to
relocate the hammerhead turn-around so the 6 lots do comply with minimum lot size
requirements. Mr. Castile also testified that the lots are laid out to minimize adverse
effects on the views and privacy of lots to the south.
3. Stephanie Mitchell, Don Ferguson, James Long, and Lynn Worth testified against
the subdivision. In general their concerns were as follows:
a. The subdivision reflects a cookie-cutter approach to land development, continues
the proliferation of dead-end streets in the area, and does not address adequately the
integration of cross-streets. The applicant should be required to provide right of
Page 6 - Hearings OJJtcer decision
SUB 90-0010 (Castile Park)
way along the north edge of the site so View Terrace can be extended west. The
proposed street system violates policy 8.1.1, because it does not result in an
efficient and safe street system.
b. Storm drainage from the site will change as a result of the proposal. During
peak storms, storm water will flow over adjoining property to the north rather than
northeast as it does now.
c. Schools cannot accommodate more growth.
C. NPO and Agency Comments.
1. NPO #6 expressed concern about the impact of the street configuration on
circulation, voicing concerns articulated by Ms. Mitchell in her testimony.
2. The City Engineering Division recommends approval of the private street;
establishment of the storm drain system as a private sewer, connection of the private
storm system to a public storm sewer when feasible; and enforcement of surface water
management regulations.
3. The City Building Division recommends acquisition of a demolition permit before
removal of structures from the site; submission of utility locations and appropriate
easements; and extension of the storm drainage system to the public storm sewer.
4. Tigard School District noted its concern regarding growth in the area generally as it
relates to school capacity. It recommends prospective purchasers be advised that
students may have to be bused to other schools or placed in portable classrooms.
5. The Fire Department recommended the fire hydrant be situated at he intersection of
the private drive with 97th Avenue.
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code.
1. The proposed lots comply with the use standards of the R-4.5 zone, because they
will be used for single family detached dwelling units.
2. The lots so or can comply with the dimensional standards of the R-4.5 zone,
provided the private drive and turn-around are redesigned, because they each will
contain at least 7500 square feet and a minimum average lot width of 50 feet. the
existing structure on lot 1 violates setback requirements; therefore, a condition is
warranted requiring removal of the offending portion of that structure. A condition also
is warranted requiring the applicant to obtain a demolition permit for structures removed
from the site.
3. The proposed subdivision complies with the density standards of Chapter 18.92,
because the developable area of the site divided by 4.5 units per acre equals 6.3 lots.
4. The applicant will remove a significant number of mature trees to provide for public
rights of way and utilities. A condition is warranted prohibiting the applicant from
removing trees 6 inches or more in diameter four feet above the ground from the site
until the applicant applies for and receives a tree cutting permit pursuant to that chapter.
Page 7 - Hearings Officer decision
SUB 90-0010 (Castile Park)
' n I
5. The proposed subdivision complies with Chapter 18.160, because:
a. It complies with the Comprehensive plan map designation of the site, the
applicable plan policies, the regulations of the R-4.5 zone, and other applicable
regulations.
b. The proposed name of the subdivision is not duplicative.
c. The road on the site is adequate to serve the site and cannot be extended off-site
efficiently. Although a road along the north edge of the site could be designed to
join View Terrace, it will contain a curve that is more extreme and results in less
useable land area than would extension of that street due west across tax lot 1300
when- that lot develops. The Code does not authorize the hearings officer to require
this applicant to provide an access plan for the area to solve the cross-circulation
problems evident in the community. That responsibility falls on the City in its case-
by case review of proposed development. Whether that policy is most efficacious
is not relevant to the review of this subdivision nor within the jurisdiction of the
hearings officer.
6. The proposed subdivision complies with Chapter 18.164, because:
a. The applicant will dedicate for and improve the public road adjoining the site to
City standards.
b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of
frontage on a street.
c. The public street and the private street on the site will be improved with
sidewalks at least to the point where the street serves only 2 lots.
d. All lots will be served by public sanitary sewer and a storm drainage system.
Conditions are warranted requiring granting of easements for the storm sewer
system and other utilities where they cross private property, and requiring the
applicant to submit a plan showing the location of existing utilities that will be
retained.
B. Compliance with Comprehensive Plan policies.
1. The subdivision complies with Policy 2.1.1, because notice of the application or
hearing was provided to the neighborhood planning organization in the area and to
owners of property in the vicinity of the site. The concerns raised by the NPO and
neighbors have been considered in reaching this decision. Although the development
does not result in cross-circulation, it is consistent with the Comprehensive Plan to
develop the site with a private "dead-end" street.
2. The subdivision complies with Policies 7.1.2, 7.3.1, and 7.4.4, because the
applicant will extend public sewer and water system to the site, will provide a storm
water drainage system on the site, and will provide underground utilities. Detailed
public facility improvement plans need to be prepared and approved.
3. The subdivision complies with Policy 8. 1.1 and 8.1.3, because the street system on
and adjoining the site will be improved to City standards or modified as permitted.
Page 8 - Hearings Officer decision
SUB 90-0010 (Castile Park)
VI. SITE VISIT BY EXAMINER
The examiner visited the site and area that could be affected by the proposed change.
VII. CONCLUSION AND DECISION
The examiner concludes that the proposed subdivision will promote the general welfare of
the City, and will not be significantly detrimental nor injurious to surrounding land uses,
provided development that occurs after this decision complies with applicable local, state,
and federal law.
In recognition of the findings and conclusions contained herein, and incorporating the Staff
Report and other reports of affected agencies and public testimony and exhibits received in
this matter, the examiner hereby approves SUB 90-0010 (Castile Park), subject to the
following conditions:
UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND
COMPLETION OF PUBLIC IMPROVEMENTS FINANCIALLY SECURED PRIOR TO
RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY.
1. The applicant shall submit two (2) sets of detailed public improvement plans and
profile construction drawings to the Engineering Department for preliminary review and
approval. The applicant shall submit seven (7) sets of approved drawings and one (1)
itemized construction cost estimate. The plans and estimate shall be prepared by a
professional engineer licensed in Oregon. These plans are in addition to plans required
by the Building Division and should include only those sheets relating to public
improvements. Contact John Hagman, Engineering Department, 639-4171.
2. 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. The applicant shall provide a 100%
performance assurance or letter of commitment and a developer-engineer agreement,
and shall pay a permit fee and a sign installation/street light fee. Contact John Hagman.
3. The applicant shall dedicate to the City right of way as necessary for a 30-foot half-
width for 97th Avenue adjoining the site frontage. The description of the dedication
shall be tied to the existing right of way centerline. The dedication shall be on City
forms. Instructions are available from the Engineering Department. Contact John
Hagman.
4. The applicant shall make standard half-width improvements to 97th Avenue
adjoining the site, including sidewalk, driveway apron, curb, asphaltic concrete
pavement, sanitary sewer, storm drainage, street lights, and underground utilities.
Improvements shall be designed and built to collector street standards and shall
conform to the alignment of existing adjacent improvements or to an alignment
approved by the Engineering Department. Contact Gary Alfson.
5. The applicant shall submit plan and profile drawings and cross section details of the
proposed private street and storm drain system as part of the public improvement plan.
Contact Gary Alfson.
\ . Page 9 - Hearings Officer decision
SUIT 90-0010 (Castile Park)
6. The applicant shall submit a method for maintenance of the private street and storm
water drainage system, such as a homeowners association. The plan and method shall
be approved by the Planning Division. Contact Jerry Offer.
7. The applicant shall post the private street with signs prohibiting parking on one side.
A sign noting the drive is private shall be posted at the drive's intersection with 97th
Avenue. A note shall be placed on the plat that the street is private.
8. All lots shall contain a minimum of 7500 square feet exclusive of public right of
way and private easements for road and sidewalk purposes, provided the area of an
easement for sidewalk may be counted toward the area of adjoining lots beyond the
point where the road serves only two dwellings. Minimum setbacks shall be:
Front setback 20 feet
Interior side setback 5 feet
Street side setback 15 feet/20 feet for a garage
Rear setback 15 feet
Garage, corner yard, and front yard setbacks shall be measured from the individual
lot/easement boundary for all lots fronting the private street. Contact Brad Roast.
9. The applicant shall locate driveway cuts at least 30 feet from intersection right of
way lines and at least 5 feet from property lines. Contact John Hagman.
10. The applicant shall submit sanitary and storm drainage details as part of the public
improvement plans. Plans shall include calculations and a topographic map of the
storm drainage basin. Calculations shall be based on full development of the
serviceable area. The location and capacity of existing, proposed, and future lines shall
be noted. Contact Greg Berry, Engineering Department, 639-4171.
11. The applicant shall show that storm water runoff can be discharged into the
existing drainageway without increasing the flow of storm water off-site more than the
flow from the property in its undeveloped condition. Contact Greg Berry.
12. The applicant shall submit a grading plan showing existing and proposed contours.
13. The applicant shall submit and receive approval of an erosion control plan as part
of the public improvement drawings. The plan shall conform to "Erosion Control
Plans - Technical Guidance Handbook," November, 1989. Contact Greg Berry.
14. The applicant shall obtain a tree cutting permit before removing any trees from the
property. Tree removal permits will be issued in two stages: private street area
preparation and lot preparation. The applicant shall provide an arborist to review the
plans for grading and tree protection. The arborist or City may prescribe protective
measures for trees to be retained on the site. A copy of the tree removal permit shall be
available on-site during all tree removal and grading activities. Contact Jerry Offer.
15. The applicant shall obtain a demolition permit before removing existing buildings
on the site. Contact Brad Roast.
16. The applicant shall submit a plan showing utilities for existing buildings. If the
utilities cross new property lines, then the applicant shall grant utility easements as
needed. Contact Brad Roast.
Page 10 - Hearings Officer decision
SUB 90-0010 (Castile Park)
SUBDIVISION .APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS
- RECORDED WITHIN 18 MONTH OF THE EFFECTIVE DATE OF THIS DECISION.
D TE s 7th day of ber, 1990.
Larry Epstein, g fficer
r\_ Page 11 - Hearings Oricer decision
SUB 90-0010 (Castile Park)
~.J
AGENDA ITEM 2.3
STAFF REPORT TO THE HEARINGS OFFICER
TUESDAY, AUGUST 28, 1990 - 7:00 PM
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OR 97223
1. SUMMARY OF THE REQUEST
CASE: Subdivision SUB 90-0010
SUMMARY: The applicant requests preliminary plat approval to subdivide one
parcel of approximately 1.45 acres into 6 parcels ranging from 7,500
to 10,800 square feet in size.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre)
APPLICANT/OWNER: Jim Castile
PO Box 23702
Tigard, OR 97223
REPRESENTATIVE: Bill MCMonagle
Harris-McMonagle & Assoc.
12555 SW Hall Blvd.
Tigard, OR 97223-6287
LOCATION: 14380 SW 97th Avenue (WCTM 2S1 11BA, Tax Lot 1301)
APPLICABLE LAW: Community Development Code Chapters 18.50, 18.92, 18.100,
18.108, 18.150, 18.160, 18.164, and Comprehensive Plan
Policies 2.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3
STAFF RECOMMENDATION: Conditionally approve a five lot subdivision following
the basic layout submitted for the six lot subdivision.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Site size and shape:
Tax lot 1301 is a rectangular shaped parcel on the east side of SW 97th
Avenue. The site is approximately 124 feet north-south by 505 feet east-
west containing approximately 1.44 acres.
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 1
B. Site location:
The site is situated approximately 180 feet north of Twality Junior High
School on the east side of SW 97th Avenue.
C. Existing uses and structures:
There is a dwelling and garage located on the western portion of the site.
A gravel driveway leads from SW 97th Avenue to the garage. There are
several fir trees and assorted deciduous trees and other landscaping
materials on the western one-third of the site. The remainder of the site
is mostly open and grass covered.
D. Proposed uses and structures:
The applicant proposes to divide the site into six lots. Lot 1 is intended
to contain the existing house. The existing garage and shed are proposed
for removal. The preliminary plat notes that a new garage is intended to
be constructed to serve the existing home.
The preliminary plat calls for six lots to be served by a private drive
that will be located along the southern edge of the site. The private
drive will be located within a 30 foot wide access tract and will contain a
C 3 foot wide landscaped area adjacent to the developed lots to the south, 24
feet of pavement with curbs on each side, and a 5 foot wide concrete
sidewalk along the north side of the private drive. The sidewalk is
intended to straddle the boundary between the access tract and lots 1
through S. The portion of the sidewalk which would be located on lots 1
through 5 will be located within a 10 foot wide sidewalk and utility
easement. The proposed drive is intended to terminate in a modified
hammerhead turnaround on its eastern end. One leg of the turnaround is
intended to be placed in an easement on proposed lot 6.
E. Topography and drainage:
The site slopes from an elevation of approximately 292 feet in its
southwestern corner to 268 feet in its northeastern corner. No grading
plan has been submitted.
The preliminary plat notes that a 10 inch diameter storm sewer will be
placed within an easement along the northern boundaries of proposed lots
2 through 6 draining to a storm drainage diffusion trench on the northern
portion of proposed lot 6. A 20 foot wide sanitary and storm sewer
easement is intended to be located along the lots, northern boundaries.
F. Plan designation and zoning:
The site and adjoining properties are designated Low Density Residential on
the Comprehensive Plan Map. Properties to the north, east, and south are
zoned R-4.5 (Residential, 4.5 units/acre). Properties to the west across
SW 97th Avenue are zoned R-3.5 (Residential, 3.5 units/acre).
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 2
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G. Public services and utilities:
The site will be served by public sanitary sewer and water systems. An
8 inch sanitary sewer line will be extended from an existing manhole at the
west end of SW View Terrace to the northeastern corner of the subject site.
The sanitary sewer is intended to be located through an easement to be !
acquired from lot 32 in Penrose Terrace subdivision to the east. The
sanitary sewer will extend westward within the 20 foot sanitary and storm
sewer easement to be located on the north end of proposed lots 2 through 6.
A 6 inch water line is proposed to be placed within the proposed private
drive extending eastward from an existing water line within SW 97th Avenue.
H. Streets and access:
The site has approximately 124 feet of frontage along SW 97th Avenue. SW
97th Avenue is classified as a major collector street by the Comprehensive
Plan Transportation Map. The street presently has approximately 30
feet of pavement width with no curbs, storm drains, or sidewalk. The
preliminary plat notes a 5 foot right-of-way dedication along the site's
western edge. The preliminary plat also notes that an expanded half
street improvement will be constructed along the frontage of SW 97th
Avenue.
As previously noted, access to the proposed six lots is intended to be
provided by a 24-foot wide private drive to extend eastward from SW 97th
Avenue along the subdivision's southern edge.
1. Surrounding land uses:
The Butler Terrace Subdivision which includes single family residences
built on lots close to 7,500 square feet in size is located to the south.
In addition, Tax Lot 1401 to the south is developed with a single-family
residence and has a potential to be redivided to create one additional lot.
Penrose Terrace Subdivision is located to the east. This subdivision
contains single family residences on lots averaging approximately 8,000
square feet in size. Parcels to the west of the site across SW 97th Avenue
are substantially larger than the minimum lot size for the zone, although
all contain single family residences. Parcels to the north of the proposed
subdivision are substantially larger than the minimum lot size for the zone
and most contain single family residences. A subdivision application has
been submitted for review by the City of Tigard Planning Commission for
approximately 2.4 acres located approximately 325 feet north of this
subject site.
III. APPLICABLE APPROVAL STANDARDS
A. Community Development Code.
1. Chapter 18.50 contains standards for the R-4.5 zone. A single-family
detached residential unit is a permitted use in the zone. Lots in the
zone must comply with the following dimensional requirements:
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 3
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Minimum lot size 7,500 square feet
Average minimum lot width 50 feet
Front setback 20 feet
Interior side setback 5 feet
Street side setback 15/20 feet for a garage
Rear setback 15 feet
Maximum building height 30 feet
2. Chapter 18.92 contains standards for density. The number of dwelling
units permitted is based on the net development area, excluding
sensitive land areas and land dedicated for public roads or parks, or
for private roadways. To determine the number of lots, multiply the
net development area by the number of units allowed per acre in the
zone.
3. Chapter 18.108 allows private streets to serve up to six dwelling
units subject to pavement width and improvement standards that vary
with the number of dwelling units served. Turnaround areas are
required for private streets in excess of 150 feet in length.
4. Chapter 18.150 requires a permit and contains standards for removal of
trees having a trunk 6 inches or more in diameter four feet above the
ground on undeveloped land. A permit for tree must comply with the
following criteria:
a. The trees are diseased, present a danger to property, or
interfere with utility service or traffic safety;
b. The trees have to be removed to construct proposed improvements
or to otherwise utilize the applicant's property in a reasonable
manner;
C. The trees are not needed to prevent erosion, instability, or
drainage problems;
d. The trees are not needed to protect nearby trees as windbreaks
or as a desirable balance between shade and open space;
e. The aesthetic character in the area will not be visually
adversely affected by the tree removal; and
f. New vegetation planted by the applicant, if any, will replace the
aesthetic value of trees to be cut.
5. Chapter 18.160 contains standards for land divisions. It allows
phased development, provided construction _is initiated within eighteen
months of the approval and construction of each phase does not exceed
a 2 years. To be approved, a preliminary plat must comply with the
following criteria:
a. It must comply with the City's Comprehensive Plan and the
applicable zoning ordinance and other applicable ordinances and
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 4
regulations;
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b. The proposed plat name is not duplicative or otherwise satisfies
the provisions of ORS Chapter 92;
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C. The streets and roads are laid out so as to conform to the plats
of subdivisions and maps of major partitions already approved for
adjoining property as to width, general direction and in all
other respects unless the City determines it is in the public
interest to modify the street or road pattern
6. Chapter 28.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a i
development to be dedicated and improved based on the
classification of the street. A future improvement guarantee may
be accepted in lieu of improvements, among other reasons, if:
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(1) A partial improvement is not feasible due to the inability
to achieve property (sic) design standards; or {
(2) A partial improvement may create a potential safety hazard
to motorists or pedestrians
b. Section 18.164.030(E) requires a local street to have a minimum
50-foot right-of-way and 34-foot paved section between curbs and
sidewalks.
C. Section 18.164.030(F) requires a reserve strip and barricade at
the end of a dedicated street that can be extended off-site.
d. Section 18.164.030(J) allows partial street improvement "where
essential to reasonable development when in conformity with the
other requirements of these regulations, and when it will be
practical to require the improvement of the other half when the
adjoining property [is] developed."
e. Section 18.164.030(M) requires local street grades of 12% or
less.
f. Section 18.164.060 prohibits lot depth from being more than 2
times the lot width and requires at least 25 feet of frontage on
a street.
g- Section 18.164.070 requires sidewalks adjoining all local
residential streets.
h. Section 18.164.090 requires sanitary sewer service.
i. Section 18.164.100 requires adequate provisions for storm water
runoff and dedication of easements for storm drainage facilities.
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 5
B. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the City will assure citizens will be provided
an opportunity to be involved in all phases of the planning process.
2. Policy 7.1.2 provides the City will require as a condition of
development approval that public water, sewer, and storm drainage will
be provided and designed to City standards and utilities placed
underground.
3. Policy 7.3.1 provides the City will coordinate water services with
water districts.
4. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
5. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
6. Policy 8.1.3 provides the City will require as a precondition of
approval that:
a. Development abuts a dedicated street or has other adequate
access;
b. Street right-of-way shall be dedicated where the street is
substandard in width;
C. The developer shall commit to construction of the streets, curbs
and sidewalks to City standards within the development.
d. The developer shall participate in the improvement of existing
streets, curbs, and sidewalks to the extent of the development's
impacts;
e. Street improvements shall be made and street signs or signals
shall be provided when the development is found to create or
intensify a traffic hazard.
IV. NPO & AGENCY COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and
offers the following comments:
a. Access to the site is provided by a private street from SW 97th
Avenue. The proposed street meets the requirements of subsection
18.108.070 A of the Code. SW 97th is a major collector street that
is not improved with curb and sidewalk along the frontage of the site.
The applicant has submitted a report showing the adequancy of the
sight distance from private street along SW 97th Avenue.
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 6
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b. Because of difficult maintenance, the proposed public storm sewer
along the back lot lines should be a private sewer. Upon development
of the parcel to the north, the proposed storm drainage diffusion
trench may be abandoned and the private storm sewer may be extended
to a public storm sewer.
C. Sanitary sewer service is provided by an existing line in SW View
Terrace. Access for maintenance vehicles to the manhole in the
proposed easement east of the site is required.
d. The Unified Sewerage Agency has established and the City has agreed to
enforce, (Resolution No.90-43) surface water management regulations
requiring the construction of on-site water quality and quantity
facilities are not required at this site and only a fee in lieu of the
construction of on-site water quality facilities should be assessed.
2. The City of Tigard Building Division has reviewed the proposal and has
commented that:
a. A demolition permit is required prior to removal of the existing
garage and shed.
b. The applicant must provide a drawing showing a location of utilities
for the existing residence. If the utilities will cross proposed
property lines, easements must be provided.
C. The proposed storm drain diffusion trench does not appear to be an
appropriate way to provide for storm drainage for an entire
subdivision. The Building Division feels that the applicant should be
required to extend the storm drain to a public facility.
3. The Tualatin Valley Fire and Rescue District has reviewed the proposal and
has commented that the proposed fire hydrant should be relocated to the
intersection of the private drive and SW 97th Avenue.
4. Tigard School District has noted concerns with its ability to maintain the
current level of educational programs and school facilities as a result of
rapid growth throughout the district. The projected enrollment resulting
from the proposed subdivision is 2 students at Templeton Elementary School
and 1 student at Twality Junior High. When combined with other recent
proposals on file with the school district, the total projected enrollment
increase is 72 students at Templeton and 99 students at Twality. This
exceeds the design capacity of both schools. Further, the District cannot
guarantee that the new schools which are planned to open in 1992 will have
the design capacity to serve these proposed developments if the rate of
growth continues to increase. Prospective home buyers should be advised
that students may have to be bused to other schools or placed in portable
classrooms.
S. NPO $6 has reviewed the proposal and has commented that the NPO has
( concerns regarding the effect this proposal may have on the future
extension of SW View Terrace from the east. The NPO raised concerns
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 7
regarding the future street pattern in this area at the time that the
Butler Terrace subdivision proposal was reviewed several years ago. The
NPO members are unhappy to see possible additional piecemeal development in
this area further reducing the possibibility of a connection between SW
97th Avenue and the developed neighborhood to the east. The NPO does not
find that approval of this proposal would be consistent with Plan policy
8.1.1 which promotes a safe and efficient street system.
6. The Tigard Water District, Metropolitan Area Communication Commission,
(cable television), and PGE have reviewed the proposal and have offered no
comments or-objections.
7. No other comments have been received.
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code.
1. The proposed lots comply with the use standards of the R-4.5 zone
because they are intended to be used for single family detached
dwelling units. The lots as shown on the preliminary plat, however,
C are not consistent with the dimensional standards of the R-4.5 zoning
district.
Proposed lot 6 as shown is only 6,811 square feet in size whereas 7500
square feet is the minimum lot size for the R-4.5 zoning district.
The applicant's engineer has not deducted the 747 square feet of
private street turnaround area intended to cover an access easement
from the net lot area to determine the net developable area. The
turnaround is required as part of the private street as per Code
Section 18.108.070.0. Code Section 18.92.020.A requires that "[A]ll
land proposed for private streets..." be subtracted from the gross
site to determine net developable area. Likewise, Code Section
18.162.050 states that in the case of a flag lot, the accessway may
not be included in the lot area calculation. The Code clearly does
not intend for required access areas to be included within the minimum
required lot area. Staff therefore finds that this lot as shown does
not meet the minimum lot size of the zone. Likewise, lots 3, 4 and 5
are not consistent with the minimum lot size standard because the area
covered by the required sidewalk has not been deducted from the gross
lot area. If the three foot wide area to be covered by sidewalk is
deducted, these lots would be less than 7500 square feet in size. The
subdivision plat must be revised so that all lots meet the minimum lot
size.
In addition, the house that would remain on proposed lot 1 would not
satisfy the fifteen foot rear yard setback required in this zoning
district. The required rear yard may be on either the north or east
side of this house because it would be located on a corner lot. As
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 8
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shown, the setback would be approximately ten feet on both of these
sides. The lot line between lots 1 and 2 will need to be shifted
eastward so that a minimum setback of fifteen feet is provided or else
the house must be moved or removed prior to recording a subdivision
plat.
In order to resolve both the minimum lot size and setback problems
described above, as well as to avoid the creation of unusual shaped
lots, staff recommends that approval of the preliminary plat be
conditioned upon lot 1 being increased in size to at least 15000
square feet so that setbacks can be met for the present time with the
possibility of the lot being re-divided in the future upon the house
either being removed or relocated. This would also allow the other
lots to be increased in size to satisfy the minimum lot size of the
R-4.5 zone. While this would result in only five lots being created
at this time rather than the six proposed, re-division of lot 1 would
fulfill the full housing opportunity of the parcel.
2. The proposed subdivision complies with the density standards of
Chapter 18.92 because the net developable area of the site divided by
4.5 units per acre equals an opportunity for 6.3 units.
3. The proposed subdivision is consistent with Chapter 18.108 because the
proposed private street is of an appropriate width for the number of
dwelling units to be served, contains a sidewalk and turnaround area,
and is provided with a three foot wide strip along its south side for
landscaping to buffer the impacts of the private street upon
residential uses to the south. A landscaping plan for this strip
should be submitted for staff review and approval prior to recording
the plat.
4. Chapter 18.150 requires that the number of trees over six inches in
diameter that are removed during the course of construction be
minimized. The proposed developments private street, utilities, and
residences will require the removal of a significant number of trees.
However, the number of trees removed should be minimized through
careful study of the site to be accomplished through phased tree
removal. Initial tree removal shall be limited to the proposed public
right-of-way expansion and the private street area. Individual lots,
potential driveway locations, and potential building sites will then
be easier to see. The developer and City staff can then identify
which trees will need to be removed to construct residences on the
lots. The developer shall provide the services of a certified
arborist for this analysis. Care should be taken to retain as many
mature trees as possible through careful site planning, curved
driveways around trees, and care during the site development process.
Minimizing, ."free removal should be a benefit to the proposed
development in both increased property values as well as atmosphere.
No tree removal may occur prior to Planning Division review and
approval of a tree removal permit.
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 9
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5. The proposed subdivision complies with Chapter 18.160 because:
1
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a. The proposed subdivision complies with the Comprehensive Plan Map
designation density opportunity for the site and with the
applicable plan policies except as noted below, the regulations
of the R-4.5 zone except as noted above, and other applicable
regulations; r:
b. The proposed name of the subdivision, Castile Park, is not
duplicative;
C. The private road into and adjoining this site conforms with the
typical road pattern in the area.
6. The proposed subdivision complies with Chapter 18.164 because:
a. The applicant will dedicate additional right-of-way for and
improve the SW 97th Avenue frontage of the site to City
standards.
b. The proposed private drive is consistent with City of Tigard
private roadway standards.
B. Compliance With Comprehensive Plan Policies
1. The subdivision is consistent with Policy 2.1.1 because notice of the
application and the public hearing on this item was provided to the
neighborhood planning organization and to owners of property in the
vicinity of the site. The proposed site has been posted with a sign
noting that a land use or development application on this site was
pending. Although the development changes the existing character of
this site, it is consistent with the Comprehensive Plan to develop
this site for housing and proposed densities so that expected
population growth can be accommodated in the urban area.
2. This subdivision complies with Policy 7.1.2, 7.3.1, and 7.4.4 because
the applicant will extend public sewer and water systems to this
site and will provide for underground installation of phone,
electricity, and cable television lines. Although staff concurs with
the Building Division's concern regarding the proposed storm drainage
diffusion trench for this size of a development, staff defers to the
Engineering Division's recommendation to allow the diffusion trench as
a temporary system if the applicant's detailed storm drainage analysis
(recommended to be required as condition of approval 15, page 13)
indicates the adequacy of such a method. It is recommended that the
proposed private storm drainage system be replaced with a connection
to a public storm sewer when storm sewer development in the area makes
this feasible. If the Engineering Division's review of the storm
drainage analysis finds the diffusion trench to be inadequate, a
public storm sewer extension may be necessary or an alternative
private drainage system(s) may need to be provided.
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 10
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3. The subdivision complies with Policy 8.1.1 and 8.1.3 because the
proposed improvements to the public street adjoining this site will be
consistent with city of Tigard standards and will be developed to the
full major collector street width called for by the functional
classification of SW 97th Avenue. The Engineering Division has
confirmed that adequate sight distance will exist along SW 97th
Avenue for the private street intersection.
Staff shares the concerns raised by NPO #6 with regard to the effect
this proposal may have upon the possibility of public street
connections between the neighborhood to the east and SW 97th Avenue.
The proposed subdivision would further restrict opportunities for
making such a connection but would not preclude the final opportunity
for a connection; therefore, staff is not willing to assert that this
proposal is sufficiently inconsistent with this policy so as to
mandate a public street connection through this property. The
applicant's intent to keep the existing house on this property makes
it difficult to divide this property without locating a street along
its southern edge. It would be difficult to create a logical and
efficient lot pattern from this parcel with a street along this
parcel's southern edge curving northward to connect with SW View
Terrace. If the applicant reconsiders keeping the existing house,
however, staff would strongly recommend that a public street extend
across the majority of the northern boundary of the parcel intended
to connect with SW View Terrace.
VI. CONCLUSION AND RECOMMENDATION
The staff concludes that the proposed subdivision with modifications, will
promote the general welfare of the City and will not be significantly
detrimental nor injurious to surrounding land uses, provided development that
occurs complies with applicable local state and federal laws.
Staff recommends, however, that reconfiguration of the proposed subdivision be
required to increase the size of proposed Lot 1 to at least 15,000 square feet
so as to accommodate a possible future partitioning as well as to allow the
existing house to comply with the rear yard setback requirements of the R-4.5
zone. In addition, staff recommends that the sidewalk and entire hammerhead
turnaround area be included within the common tract for the private drive. All
lots must meet the minimum required lot size of 7500 square feet for the R-4.5
zoning district. These modifications will require that the subdivision be
limited to five lots.
Staff recommends approval of this subdivision proposal subject to the
recommended conditions which follow:
UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC
IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED
PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY.
1. The preliminary plat shall be limited to creation of five (5) lots. All
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 11
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lots shall be fully dimensioned on the plat and shall be consistent with
R-4.5 zone dimensional requirements. A minimum rear yard setback of 15
feet shall exist for the existing house. STAFF CONTACT: Jerry Offer,
Planning Division, (639-4171).
2. A demolition permit shall be obtained from the Building Division prior to
demolition of the existing garage and shed. STAFF CONTACT: Brad Roast,
Engineering Division, (639-4171).
3. The applicant shall post a letter of assurance guaranteeing that a minimum
of one covered parking space will be provided for the existing house.
STAFF CONTACT: Jerry Offer, Planning Division, (639-4171).
4. The applicant shall submit a plan showing utility locations for the
existing dwelling. If the utilities will cross proposed property lines,
utility easements shall be granted as required. STAFF CONTACT: Brad
Roast, Engineering Division, (639-4171).
5. Any tree removal or grading on this property must be approved by the
Planning Division through approval of a tree removal permit and approval of
the grading plan. Trees over six inches in diameter shall be removed only
as necessary to construct streets, utilities, and residences. Tree removal
permits will be necessary for two stages: private street area preparation
and lot preparation. The applicant shall provide for an arborist to review
the plans for grading and tree protection. The arborist or the Planning
~r Division may prescribe protective measures for trees to be retained on the
site. A copy of the tree removal permit shall be available on-site during
all tree removal and grading activities. STAFF CONTACT: Jerry Offer,
Planning Division (639-4171).
6. The private street shall be signed for no parking on one side. A sign
noting that the drive is private shall be posted at the drive's
intersection with SW 97th Avenue. STAFF CONTACT: John Flagman, Engineering
Division (639-4171).
7. Minimum building setbacks on all parcels shall be as follows:
front yard - 15 feet
corner yard -10 feet
garage - 20 feet
side yard -5 feet
rear yard - 15 feet
Garage, corner yard, and front yard setbacks shall be measured from the
individual parcel/access tract boundary for all lots fronting on the
private street. STAFF CONTACT: Brad Roast, Building Division (639-4171).
8. 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
i be submitted for final review and approval (NOTE: these plans are in
addition to any drawings required by the Building Division and should only
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 12
include sheets relevant to the public improvements. STAFF CONTACT: John
Hagman, Engineering Department (639-4171).
9. 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, a fee in lieu of the
construction of an on-site water quality facility and a sign
installation/streetlight fee are required. STAFF CONTACT: John Hagman,
Engineering Department (639-4171).
10. Additional right-of-way shall be dedicated to the public along the SW 97th
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 half-street improvements, including concrete sidewalk, driveway
apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage,
streetlights, and underground utilities shall be installed along the
frontage. Improvements shall be designed and constructed to 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. Plan and profile drawings, cross section details of the proposed privately
operated and maintained street and storm drain shall be provided as part of
the public improvement plans. STAFF CONTACT; Gary Alfson, Engineering
Department (639-4171).
13. Driveway cuts shall not be permitted within thirty feet of intersecting
right-of-way lines nor within five feet of property lines. STAFF CONTACT:
John Hagman, 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 shall be provided as a supplement to the public improvement
plans. STAFF CONTACT: Greg Berry, Engineering Department (639-4171).
15. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly impacting
properties downstream. STAFF CONTACT: Greg Berry, Engineering Department
(639-4171).
16. A method for maintenance, such as a homeowners association, shall be
provided for the private street. The plan and method for maintenance shall
be approved by the Planning Division. STAFF CONTACT: Jerry Offer,
of Planning Division (639-4171).
HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 13
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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).
SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN
EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION.
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APPROVED BY: Keith Liden DATE
Senior Planner
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HEARINGS OFFICER - SUB 90-0010 - CASTILE PAGE 14
RECEIVE E)
QW9 9 d 1990
COhIMUNRY DEMOPMENT
NPO #6
MINUTES FROM AUGUST 15, 1990
1. Members in attendance were: Carver, Crow, Davenport, Mitchell and
Pasteris. Excused: Dillin, Clinton Not Excused: Kasson
2. Minutes of the July 18, 1990 meeting approved as written.
3. ZONE ORDINANCE AMENDMENT/ZIA 90-0002. Fuel Tank Storage.
Reviewed without any objections.
4. PLANNED DEVELOPMENT REVIEW/PDR 90-007 - COAST FINANCE, INC.
Approval to allow construction of a 20 unit retirement complex.
Reviewed without any objections.
5. SITE DEVELOPMENT REVIEW/SDR 90-0017 - BATES. Request for approval to
allow the development of a retail garden center.
Reviewed without any objections.
6. SLR 90-0008 - COOK PARK. Reviewed without any objections.
SUBDIVISION SUB 90-0010 CASTILE/MCMONAGLE.
7E.
Request for subdivision approval to divide a site (1.45 acres) into six
parcels. The following comments were passed with one abstention.
"We have significant concerns about the extension of View Terrace and we
are further concerned that the spirit of the Comprehensive Plan is not
being followed by providing a safe and efficient street system. (See
0 811 of the Comp. Plan.)
"We saw this coming five years ago and we are very unhappy to see or
0 piece-meal development in the neighborhood.
"It should be noticed that no Butler Terrace residents were present at
the meeting."
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PRELIMINARY
5, 12' IY 27 cvr ~ :IE91.
„4 PLAT
• ~ • . s>n
!6•c'~ ' s'D UATED IN
rb•uJRe SIT THE N.W. 1/4 OF SECTION 11,
3•cL.ass'e•as~ftacnccoNCr~Te a~. ~ T-2S, R-1W, W.M., CffY OF TIGARD,
}ur cta9s ti",aSPFwLrrc coNCrr~Te - WASHINGTON COUNTY, OREGON
7.1}YJ L1:YFI.RJG RG+r'K Y ~Y-J LEVP1rNG ROCK
6• !!5Y-J 6A.°E ROCK 6.1>}Y J R~t4E FKCK DATE; 7- ~ 0-90
TYPICAL STREET SECTION scALE: 1"=50•
TYT'lC,4L N.4LF STREET SECTION ELEVATION DATUM: CITY OF TIGARD-U.S.G.S.
PRl1/.4TE DRlyE COMPREHENSIVE PLAN: LOW DENSITY
S.(U. 97TN,4YE ZONING: R-4.5
^'O SGaLe TAX LOT: 1301 MAP 2S-11-@A
AREA: 1.45 ACRES
I
I OWNER-APPLICANT: -
ENGINEERS SURVEYORS:
JIM CASTILE HARRIS-McMONAGLE
P.o. BOX 23702 ASSOCIATES, INC.
TIGARD, OREGON 97223 12555 S.W. HALL BLVD.
PHONE: (503) 639-1395 TIGARD, OR 97223-6287
N I PHONE: (503) 639-3453
~ FAX: (503) 639-1232
33
~ EXIST.
/ MANHOLE
s u ~ L 1 3 0 0 ~
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IJ.1 I I ELECIRlCAL
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. Q ~ I SR1RM ORAlNAGf S.W. VIEW TERRACE
= I I gfNS/ON TRENC , ~
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I _ _ _ _ I c~Da PENROSE
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PAVID N TES:
Q ` TURN ESMI, '
1. ALL PUBLIC WORKS WILL BE CONSTRUCTED TO THE CITY OF TIGARD STANDARDS.
I~ B TLE
I \ 2. A PRIVATE DRIVE AS SHOWN WILL BE UTILIZED FOR ACCESS TO THE SIX LOTS
~ ~ TE RACE
• i SHOWN. EACH LOT WILL OWN AN UNDIVIDED 1/6TH INTEREST IN THE PRNATE
I I 3 DRIVE AND WILL BE RESPONSIBLE FOR ITS MAINTENANCE.
I Jr'
I 2 3. 1HE PRIVATE DRIVE SHALL HAVE AN EASEMENT FOR ALL PUBLIC AND PRVATE
1
I 22 UTILIT1ES.
\ I 4. AN EXPAND -
I✓~~ 1' FRONTAGE OF S W. 97T11E AVE. PROVEMENT WILL BE CONSTRUCTED ALONG THE
T/L
~ ¢ O ~ 5. THE EXISTING GARAGE SHED WILL BE REMOVED. A NEW GARAGE WIL -
I RUCTED TD / L BE CONST
SERVE THE EXISTING HOME.
• ~ S.W. INEZ ST.
I - _ 6. THE SANITARY SEWER WILL BE EXTENDED VIA AN EASEMENT AS SHOWN,
F ,
• 7. THE STORM DRAINAGE FROM THE HOMES AND PRIVATE DRNE WILL BE COLLECTED
pl AND DISCHARGED INTO A DIFFUSION DISSIPATOR TRENCH AS SHOWN. THE AREA
DRAIN WILL HAVE A BLOKED STUB OUT TO THE NORTH FOR FUTIJRE CONNEC
a' TION,
w ~ AND AN OPEN STUB OUT INTO THE DRAIN ROCK WILL FUNCTION IN THE INTERIM,
I
8. A 10 FOOT WIDE UTILITY AND SIDEWALK EASEMENT SHALL BE PROVIDED ALONG
f;
THE NORTH SIDE OF THE PRIVATE DRIVE.
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' NOTE: IF THIS MICROFILMED I 2 3 4 5 6 7 8 9 10 I I 12
DRAWING IS LESG CLEAR THAN ~ ~
1HI& NOTICE, IT LS DUE TO t
1FiE QUALITY OF TI# ORIGINAL I
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sn~ Its Exrsr. r»sE aFFVrrr g5' P L~i. l
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16" CURB ' S1D. I .
SITUATED N THE N.W. 1/4 OF SECTION 11,
° ° ' rb° aRe
" i~ T-2S, R-1W, W:M., 'CITY OF TIGARD,
- 3" CLFLA9 'C'" ABPNALTIC CONCRETE 3-1/2" GLA55 C ASPHALTIC CONGRc"TE
- ~ Y ~Q f J LEVELING RaK 2" ~'Y-J LEVELING ROCK ~ WASHINGTON- COUNTY, .OREGON
6" 119Y-J BA9E ROCK 6" l!3"f-J BAS RA;K DAT•E: 11-2-90 -
SCALE: 1"=50'
7'YPIC,4L S7R~T S,EC~'JON ELEVATION DANM: CITY OF TIGARD-U.S.G.S.
7"~'P/C,4L NAL~ S7~RE~7' S~C7'ION '
' PR/1//-4TE DP~IV~ COMPREHENSNE PLAN: LOW DENSITY
S!U" 97]'N ~tYE. ZONING: R-4.5
'~O scALE TAK LOT: 1301 MAP 2S-11-BA
' AREA: 1.45 ACRES
I
I Olh'NER-APPLICANT: ENGINEERS-SURVEYORS:
- _ JIM CASTII:E HARRIS-McMONAGLE
- P.O. BDY. 23702 ASSOCIATES, INC. ,
I TIGARD, OREGON 97223 12555 S.W. HALL BLVD.
• PHONE: (503) 639-1395 TIGARD, OR 97223-6287
~I
N PHONE: (503) 639-3453
Op FAX: (503) 639-1232
' 33
~I
~ IXIST.
MANHOLE
v 25 T/L 1300
' I ,
LtJ I I ELECTRICAL I - _
Q I 7RANSFO MMfR - - X«Jf
I STORM DRAINAGE \ J.W. VIEW TERRACE
= I \I DIFFUSION TREN~ ~ ~
`I \ FILLED WITH 2"-3`
_ ~ ~ ~ I ~ \ CLEAN DRAIN ROCK. SAN/TARY SEWER rr. roan,, -
~ ' 1 ~ A\ROX. 3 DEEP I+- 75 EASEMENT 'TO BE ~ ~ i
I I , ` \ ACQUIRED - a •
I
~ I 32 umdlwa n.
\ ~ \ AREA DN~I I ~,\y~yE ~ ~ •
vi I - - - _ \ J03 T _ I ~~G P E N R O S >c ~ SITE
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09R TO /5' 20' SANTFA(Y & STORM SEWER fSRI . ~ w ~ 86 \
fT p RfMAfN 7500,S.F. 00 S.F. ~ 7500 SF. I I z~0
• S,F. ~ I~~w 7580 S.F. ~ ~ -
• ~i ~ a ~ ~ a1 z 2 ~ ~ 3 ~~4 el ~ ~ ~
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I N TO BE BO \ I I 5, 0 8,000 S.F. I
^I RfMOVEO I 15
• \ \ r7 ~GARTST`~ED ~ u J 3 O ° 51 \ 6 h a owaw xa
D/W' ~ ro I ~ ~7 ^ N
I ~ PROACH ` 4 ^
~I _ _ --f0 k _EASEMENT \
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o+oo' III _
_.-J ~ CUR 6.~ 28 ~j SCALE
20 PRIVATE DRIVE cure • N ss
II \ 505 :1
I a,, ~ ~ 4
I o \ \ ` NOTES:
~ \ ~ ~
w \ \ \ ~ 1. ALL PUBLIC WORKS WILL BE CONSTRUCTED TO THE CITY OF TIGARD STANDARDS.
~ ~1 ~ ~ \
, I ~ ~ B L E J2 2. A PRIVATE DRIVE AS SHOWN WILL BE UTILIZED FOR ACCESS. TO THE SIX LOTS _ .=a .
; ~ 7` ~ R R A C E SHOWN. EACH LOT WILL OWN AN UNDIVIDED 1/6TH INTEREST IN THE PRIVATE
r-•,~ i 3 DRIVE AND WILL BE RESPONSIBLE FOR,ITS 'MAINTENANCE.
_ ~I I 4 5 6
I 2 3. THE PRIVATE DRIVE SHALL HAVE AN EASEMENT FOR ALL PUBLIC AND PRIVATE ci J,,
" - I 22 UTILITIES.
x`:„-. d,
c,::~, I
r
II i 4. AN EXPANDED. HALF-STREET IMPROVEMENT WILL. BE CONSTRUCTED ALONG THE
FRONTAGE OF S:W. 97TH AVE.
, T/L
J 4 Q J 5. THE EXISTING GARAGE/SHED WILL BE REMOVED. A NEW GARAGE WILL BE'CONST-
t=.`H,; , I RUCTED TO SERVE THE EXISTING ,HOME. `.ts,^•,
~ S.W. fNEZ ST. ~,4,
I
~ ~ ~ ~ 6: THE SANITARY ~SEWER~ WILL BE EXTENDED .VIA AN EASEMENT. AS SHOWN.-
Y ~k.
3. e
• 7. THE STORM DRAIN
:~~a~ ~ - ES 'AND' PRIVATE DRNE, WILL'BE COLLECTED . T. r~'r~'~
~
AND DISCHAR,GEDINTOFA DIFFUSION,DISSIPATOR TRENCH AS SHOWN; THE.-,AREA
P'~;;_ ~ ' DRAIN-WILL HAVE A BLOKED STUB 6UT TO'THE~NORTH FOR'FUTURECONNEC110N;,;.., ~ it
M:~~r~ !S 1 AND. AN OPEN STUB OUT• INTO; R N ROCK' WILL FUNCTION iN THE,'INTERIM s-Y'
/ ~ ~ THE'D N ~
,r s
F !?~>l; , ~ 8. A 10 FOOT WIDE _
- • L,0
NG
UTILITY AND,_SIDEWALK~EASEMENT SHALL BE PROVIDED A, +
• I ; . THE,NORTH-SIDE OF-THE PRIVATE DRIV..s
,
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