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City Council Packet - 07/28/1992AGENDA CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitors 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. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard In and order after 7:30 p.m. 6:30 • STUDY SESSION (6:30 PM) Tualatin Valley Economic Development Corporation Update - Mary Tobias 7:30 1. BUSINESS MEETING (7:30 PM)) 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 7:35 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: June 23, 1992 3.2 Authorize Submittal of Greenspaces Grant Application to Restore and Enhance Fanno Creek Park 3.3 Authorize City Administrator to Sign Quitclaim Deed Vacating an Easement within a Portion of the Meadowglade Subdivision - Resolution No. 92-1~ COUNCIL AGENDA - JULY 28, 1992 - PAGE 1 7:510 4. PUBLIC BEARING - SUBDIVISION SUB 92-0003 PLANNED DEVELOPMENT PDR 92-0001 LOT LINE ADJUSTMENT MIS 92-0006 HART/RENAISSANCE (NPO 7) The City Council has called up for review the Planning Commission's decision approving this application. The Council's review is specifically limited to Planning Commission's Condition of Approval No. 15. This condition of approval requires the site developer to provide a water quality treatment facility sized to handle stormwater runoff from this development only. Testimony before the Council will be limited to only that issue. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony - Planning Commission - NPO - Applicant Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council 8:20 5. SUBDIVISION SUB 92-0005 PLANNED DEVELOPMENT PDR 92-0003 VARIANCE VAR 92-0010 SENSITIVE LANDS SLR 92-0002 QUAESTOR/MATRIX DEVELOPMENT (NPO 3) The City Council has called up for review the Planning Commission's approval of the following development application. The Council's review is limited to the issue of whether the site's developer should be required to construct improvements to the S.W. Gaarde Street extension throughout the site or pay a fee in lieu of constructing the improvements. The Planning Commission's decision did not require the developer to construct improvements or pay a fee in lieu of construction. Testimony before the Council will be limited to that issue. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony - Planning Commission - NPO - Applicant Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council 9:00 6. NON-AGENDA ITEMS COUNCIL AGENDA - JULY 28, 1992 - PAGE 2 f 9.10 7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9:20 B. ADJOURNMENT =a6728.92 l` COUNCIL AGENDA - JULY 28, 1992 - PAGE 3 y Council Agenda Item T I G A R D C I T Y C O ..U N C I L MEETING MINUTES - July 28, 1992 • Meeting was called to order at 6:30 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson, Joe Kasten, and John Schwartz. Staff Present: Dick Bewersdorff, Senior Planner; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Tualatin Valley Economic Development Corporation Update President Mary Tobias: Ms. Tobias commented on the continuing Metro Charter Commission process. She noted concerns with recent Metro action forwarding an advisory vote to the November ballot proposing the consolidation of Clackamas, Multnomah, and Washington Counties with Metro and Tri- Met. Ms. Tobias referred to issues monitored by TVEDC. Two issues were: • Urban Growth Boundary Focus Group formed in response to a DLCD Study with regard to development issues. • DEQ proposals to issue regulations to curtail auto emissions include parking fees and toll roads in the Metro area. A packet of information on TVEDC's activities is on file with the Council packet material. Ms. Tobias, along with several other Washington County representatives, recently visited Poland. She advised several joint venture opportunities with considerable World Bank financing were available which would be of benefit to Washington County businesses. Water District Mayor Edwards updated Council on water issues. He noted concerns with timing of the efforts to form a 190 agency concurrent with regional water issues and the water Shortage. These issues are immediate but were slowing the efforts'`on 190 formation. There was lengthy discussion between Council, staff, and Audrey 0071- Castile who is Chair of the Tigard Water District. Council noted the work of the Tigard Water District Advisory Committee and that their process was on track. Council asked staff to prepare a Resolution of Intent with a draft 190 agreement attached. it is Council's understanding that a resolution supporting the formation of a 190 agency is being drafted for Water District Board approval. Audrey Castile noted the following areas of concern: The Water Board was seeking assurances of • Protection of Water District employees/status. • Form of Governance outlined. • Water assets, capital would be utilized for water-related services only. • Current Water District boundaries would remain intact. BUSINESS MEETING 2. VISITOR'S AGENDA Audrey Castile, Chair of the Tigard Water Board, spoke of the water shortage situation and restrictions in force. Presently, TWD patrons are self-policing. The number of calls complaint calls have been relatively small. She congratulated Tigard citizens on how well they have responded to the situation. 3. CONSENT AGENDA: Motion by Councilor Kasten, seconded by Councilor Johnson to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: June 23, 1992 3.2 Authorize Submittal of Greenspaces Grant Application to Restore and Enhance Fanno Creek Park 3.3 Authorize City Administrator to Sign Quitclaim Deed Vacating an Easement within a Portion of the Meadowglade Subdivision - Resolution No. 92- 38 The motion was approved by unanimous vote of Council present. 4. PUBLIC HEARING - SUBDIVISION SUB 92-0003 PLANNED DEVELOPMENT PDR 92-0001 LOT LINE ADJUSTMENT MIS 92-0006 HARTaMAISSANCE (NPO 7) The City Council has called up for review the Planning Commission's decision approving this application. The Council's review is specifically limited to Planning Commission's Condition of Approval No. 15. This condition of approval requires the site developer to provide a water quality treatment facility sized to handle stormwater runoff from this development only. Testimony before the Council will be limited to only that issue. a. Public Hearing was opened. b. There were no declarations or challenges. CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 2 C. Senior Planner Dick Bewersdorff reviewed the Staff Report (a copy of the Staff Report is on file with the Council meeting packet material). d. Public testimony: • Cal Woolery, Chair of NPO 7, advised the NPO thought the plan was basically good. He concurred with the proposal and advised that he thought requirements for addressing the water quality treatment issues were being met. • Bill McMonagle, 12555 SW Hall Blvd., Tigard, Oregon 97223, testified that he appreciated the staff's concerns in dealing with this issue. He commented on the regional efforts for treatment of storm water drainage and advised that he thought it would be more practical on an overall basis to treat smaller areas rather than trying to address the large county-wide issue as a whole. He advised that he agreed with the staff recommendation that the applicant pay a fee in lieu of construction of a water quality facility. Councilor Johnson urged Mr. McMonagle to contact citizen groups involved with Unified Sewerage Agency (USA) and submit his ideas of treating storm water in smaller areas. In response to a question from Councilor Schwartz, City Engineer Wooley advised that fees in lieu of construction would be placed in a reserve account. Funds in this account are dedicated for purposes of treating water quality. He advised that USA has criticized the City of Tigard saying Tigard may be too willing to accept a fee in lieu of construction. e. Public Hearing was closed. f. Motion by Councilor Johnson, seconded by Councilor Kasten, to amend Planning Commissions Condition No. 15 to read as follows: 15. The applicant shall provide a water quality facility meeting the requirements of Unified Sewerage Agency Resolution and Order No. 91-47 that is designed to accommodate this development. Subject to the City Engineer's approval, payment of fees in lieu of construction of a water quality facility to accommodate this development may be authorized. CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 3 v The motion was approved by a unanimous vote of Council present. 5. SUBDIVISION SUB 92-0005 PLANNED DEVELOPMEN-T PDR 92-0003 VARIANCE VAR 92-0010 SENSITIVE LANDS SLR 92-0002 •NPO 3) The City Council has called up f for r r review DEVELOPMEN theP Pla lanning commission's approval of the called up following development application. The council's review is limited to the issue of whether the site's developer should be required to construct improvements to the S.W. G a d lieu Street extension throughout the site or pay a f ee in of commission's constructing the improvements. The Planning decision did not require the developer to construct improvements or pay a fee in lieu of construction. Testimony before the Council will be limited to that issue. a. Public Hearing was opened. b. There were no declarations or challenges. C. Community Development Director Murphy reviewed the Staff Report which is on file with the Council packet material. Community Development Director referred to overhead layout. s showing the topography and proposed He referred to the Mountain Highlands subdivision which was similar. The Mountain Highlands developer was required to construct improvements to the For streets throughout the length of their property. proposal, however, staff recommended that Council uphold the the Planning Commission's decision to r through the developer extend Gaarde Street only partially subject property because of the unusually steep grade and difficult topography. d. Public Testimony: Bev Froude, NPO 3 member, advised that she was in • favor of requiring the partial construction of the road through the subject property. She also stated the that she would rather see decisions or minor alignment and type of road (i.e., major collector) be left open for future consideration. In response to a question from Councilor Johnson, City Engineer Wooley reviewed past Council action. lie noted that the Gaarde Street extension, if completed as recommended in the staff an and nand commission proposal, would be roughly the alignment would be established. CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 4 • Steve Pfeiffer, 900 SW 5th, Portland, Oregon 97204, testified as attorney for the applicant. He noted that the slope in the area was in excess of 20%. He referred to testimony submitted via letters contained in the Council packet. He advised that Gaarde Street would not serve the development as it would have other access. The houses would not face Gaarde Street; rather, Gaarde Street would run along the back property line. He referenced the topography and terrain as problems to overcome for an extension of the road. a Bruce Dunlap, 17017 SW Bendsdale Court, Tigard, Oregon testified that a road through the steep area would destroy the beauty of the canyon. He said requiring such a road would mean that it would not be economically feasible to proceed with the development. Councilor Fessler asked the difference between a major and minor collector with regard to cost of construction. Mr. Dunlap explained that the cost for this road would primarily be due to necessary cut-and-fill work; therefore, the costs between a major and minor collector would not be significant. He advised that right-of-way would be dedicated to the north boundary of the property line for the road. (See Condition #18 of the Planning Commission decision). If the street is developed as a major collector, the houses cannot face the property and, as such, it would create a double frontage situation for the abutting homes. Councilor Johnson noted that in time development to the north would necessitate completion of the Gaarde Street connection. She observed that the residents of the proposed subdivision (the subject of this hearing) would use the Gaarde extension when completed. G. Staff response to testimony: Community Development Director Murphy indicated that this situation was similar, although to a much larger.degree, to the Mountain Highlands CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 5 development. Staff's recommendation was against requiring collector street construction to the northern property line because of: topography, unusual natural features, and the City policy of disallowing frontage on major collector streets. Council discussed the fact that if the street was not stubbed out at this time, then eventually it must be determined who would pay for the street improvements. This particular extension would be eligible for TIF funding. It would be up to the City Council to recommend to the County to place it on the priority listing which would compete with other City transportation projects. It was noted, however, that TIF fees were paying for a portion of other improvements for this property. The amount of TIF fees collected from this development would not cover the expense of completing the Gaarde Street extension to the north property line. Community Development Director recommended that Council uphold the Planning Commission decision and require improvements to the Gaarde Street extension to the northern property line to be that of rough grading. In addition, the property owners should dedicate future right-of-way. Mr. Dunlap advised that Phase III could be drawn up which could show the Gaarde Street extension improvement to the northern property line. He summarized his choices as a developer included: 1) to ask that TIF funds be designated to develop the remaining Gaarde Street extension to the northern property line; 2) to resubmit a plat showing Phase III with the Gaarde Street extension; or 3) to abandon the project. f. Public Hearing was closed. g. Consideration by Council: • Councilor Kasten acknowledged the arguments against extending the road to the northern boundary and advised that he understood it was a unique situation. He noted that the City must plan for CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 6 the future with regard He cited the potential residents if the road with this development. road should be built. to development to the north. financial burden to Tigard extension was not required He advised that he felt the Councilor Fessler said that the decision on this issue was difficult. She advised that the Mountain Highlands development represented a similar situation. She proposed that the market potential for this property would bear the added cost of this road extension. She advised she supported continuing the road to the north property line. Councilor Johnson indicated that she, too, supported the continuation of the road to the northern property line. She advised that this segment of road would be of benefit to the proposed development when it was connected. She said that the topography was not unusual enough to warrant making an exception in this case. • Councilor Schwartz noted he agreed with the previous Councilors' comments. He also supported the continuation of the Gaarde Street extension to the northern property line. He referred to strenuous objections by residents when they learn that roads are going to be constructed, which were previously planned and approved, but delayed until after the homes were built. He noted the problems would not be as great if the road was already in place at the time people purchased their homes. • Councilor Fessler added that there was a need for a continual process of planning and follow-through with regard to transportation issues in the community. • Councilor Johnson asked a procedural question referring to testimony by the applicant that he may be able to submit a Phase III on the plat which would show the Gaarde Street extension and then the Phase III would remain unbuilt for an unspecified period of time. She advised she would not want the Gaarde Street extension to be held hostage to theoretical lots on Phase III. She requested that conditions for Phase III or a time limit be set to avoid this type of situation. CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 7 • In response to a question by Mayor Edwards, Legal Counsel Ramis advised that the Council must request staff to prepare a proposal for a set of findings in the context of supporting criteria for the Council's decision. • Mayor Edwards said he had not heard legal justification to deny the applicant's request. He did not support a requirement to construct the street extension as a condition of development on this property. He advised the Planning Commission and the NPO, in his opinion, were correct in their decision. i. Motion by Councilor Kasten, seconded by Councilor Johnson, directing staff to prepare tentative findings requiring the developer to construct the improvement to the SW Gaarde Street extension throughout the site to the northern property line. Motion passed by a majority vote, 4-1 (Mayor Edwards voted no). 6. COUNCIL CALENDAR/STAFF UPDATE Tualatin Valley Fire & Rescue Joint Meeting All Council members plan to attend. Meeting is on August 4, 6:30 p.m., at the TVF&R Regional Training and Simulation Center. Scholls Ferry Road Closed City Engineer Wooley advised ODOT told staff today that 121st at Scholls Ferry Road would be closed for construction this Thursday. Detour routes through Springwood and S.W. North Dakota are planned. Driveway to Burnham Street Council agreed that the driveway to Burnham Street from City Hall property should be put "on hold" for the time being. The property needed for an easement could not be purchased at this time. CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 8 7. EXECUTIVE SESSION: Canceled. 8. AD.TOURT: 9:45 p.m. 4 Attest: L~Xtherine Wheatley, City Rec err w~ i~ayar City of Tigard Date: ( (~Gl I ggt2- can0728 CITY COUNCIL MEETING MINUTES - July 28, 1992 - PAGE 9 %.0 co ~HH H® U W C J Z 6 z w z z 0 Z C) aC C u a c s F 0 u C oc 0 co (a Ire, w O., x ~ . T7 c> .C C GI) > c C s 1ii++ 2A I $ i~ rr cC~d ' n c `ate Oct . uj A a a3 a 00 0 Co A U E- va > cn e.> as, y C7 C' ? A O4, w C:4S Q > 13 h" d C od EL-0. o. p O D E ` e I I t n, ,o ® E o m a =0711 0 0 ~ CD m m E m ~ o mo v c •O~m. = c ca CL ca ~ I-m D I~ M ~ I s m ~ Q Z J~ ® • i ff~ ~ O ai 71 ctn. rn~ N o Y. b . ~'~oo ~c~-fD U W H 0 Z 0 Q m a CL LL O H LL U. ^Z C7 ~ 00 w~ 00 LL 0~: M 5 Z wU CD rn VI (D (1) 0 • c a CD ~c c ca m E-- •o >rll co ca co 0 (D t SE v ..a wO cd . = Ogbl, CD a~ d U o m m U U co •a c0 ~ 'C m m m ~ 'U c t O c m q Q wA m O G ~0Wo .r 4' C C+? O M C C1 ® T - M O v9 m t to Um ~ U CL co (1) m x m c c w m ® m t a c? o. O t $ U 's c $ :C O O G7 CL o O m U ~ •O N (D M C_ m n m m ~i m 0 m O CD t c m 7 U m O c O U N 0) rn ('r c\ rt ON r-f r-I h ~ 0~ .b ro c`y C4 m E E 3 M V c CD CD .O U .O N c O O) CD 0 CL co O z c o E 0 U. COMMUNITY NEWSPAPERS, INC. Legal TT 7332 Notice P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 R C E 11 Y E gal Notice Advertising • BUG 111992 ° O Tearsheet Notice ,y City of Tigard &-Lff' c",r. • PO Box 23397 OF TIGARD • O Duplicate Affidavit Tigard, Oro 9722 9ris o ev yf IG t AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' I, Judith Koehler being first duly sworn, depose and as at I nr the Advertising Director, or his principal clerk, of the garcl Imes a newspaper of general circula gn as defined in ORS 193.010 ard li g in the and 193.020; published at afor aid county and state, that the Public Hearig/ SUB W-0003 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive in the following issues: July 16, 1992 Subscribed and "sworn before me this 16th day of July 1992 Notary Public for Oregon My CorRmission Expires: !P AFFIDAVIT c The following will be consi de-red by the Tigard City Council on July 28, 1992, at 7:30 P.M. at Tigard Civic Center, Town Hall Room, 13125 S.W. Hall Blvd., Tigard, Oregon. Further information maybe obtained from the Community Development Director. or City Recorder at the same location or by calling 639-4171 You are invited to submit written testimony in ad- vance of the public hearing; written and oral testimony will be considered at the hearing. The public hearing will be conducted in accordance with and any roles the of oocedure adoptped by the council and eaailble a Cy Hail. ,ELTR*~MSION SUB 92-0042 PLANNED DEVELOPMENT PDR 92-Q09i LET LINE ADJUSTMENT MIS 2-0006.! HAR'1 /RENAISSANCE t°_ (NPO #7) The City Council has called up for review the Planning Commission's decision approving this application. The Council's review is specifically limited to planning commission's condition of approval #15. This condi- tion of approval requires the site developer to provide a water quality treatment facility sized to handle stormwater runoff from this develop- ment only. Testimony before the council will be limited to only that issue. ORIGINAL APPLICATION: A request for approval of the following development applications: 1) Lot Line Adjustment to adjust two parcels of aroximately 1.23 and 13.53 acres into two parcels of approximately 610 and 7.86 acres; 2) Subdivision preliminary Develop- parcelein into 34 lofts ment conceptual plan approval to divide a 7.86 plat/Planned between approximately 6,300 and 10,600 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.84, 18. 88, 18.92, 18.102, 18.108, 18.150, 18.160, 18.162,18.164; Comprehensive Plan Policies 2.1.1; 3.4.2, 3.5.4, 4.2,1, 7.1.2, 7.2.1, 7.3.1.7.4.4, 7.6.1, 8.1.1, 8.1.3. LOCATION: 10993 SW North Dakota (WCTM IS1, 34AC, pax lots 2300 and 2400). ZONE: R-4.5 (PD) (Residential, 4.5 units/acre, Planned Development). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, manufactured homes, family day care, home ocrupa- tions, and accessory structures among other uses. ' BDIVISION SUB 92 0005 PLANNED DEVELOPMENT PDR 92-0003 VARIANCE VAR 92 W10 SENSITIVE LANDS SLR 92-00L2 O[JAESTORlMATRiX DEVELOPMENT (NPO #3) The City Council has called up for review the Planning Commission's ap- proval of the following development application. The Council's review is limited to the issue of whether the sites developer should be required to construct improvements to the SW Gaarde. Street extension throughout the site or pay a fee in lieu of constructing the improvements. The Planning Commission's decision did not require the developer to construct im- pro<.ements or pay a fee in lieu of construction. Testimony before the Council will be limited to that issue. ORIGINAL APPLICATION: A rcgdcst for approval of the following developmem, applications: 1) Subdivision preliminary plat/Planned Development conceptual plan approval to divide a 33.8 acre parcel into 64 lots ranging between 7,000 and 21,950 square feet in size; 2) Variance ap- proval to allow a 14 percent grade for a 200 foot section of a proposed local street whereas Code Section 18.164.030 (M) (1) limits the grades of local streets to 12 percent; 3) Sensitive Lands Review approval to allow grading, road construction, and home construction on lots in excess of 25 percent gradient and to allow utility construction within a drainageway. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.160, and 18.164; Com- prehensive Flan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3. LOCATION: West of the intersection of 121st Avenue and Gaarde Street (WCTM 2SI 3CC, tax lot 401 and 2514, tax lot 1400). ZONE: R-4.5 (PD) (Residential, 4.5 units/acre, Planned Development). The R-4.5 zone allows single family residential units, public support r facilities, residential treatment homes, farming, manufactured homes, family day, care, home occupationstemporury,uses , and Accessory struc- Ctresamong other ups: T177332 -Publish July 16, IM.' { I ~/~~`~e~F DATE: ~'t2 /"~vAGly~`7/.~.3.L,;.k'y (Umited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. Q STAFF NAME & ADDRESS TOPIC CONTACTED i t og n o w ors.s it. f Depending on the number of person wishing to testify, the Chair of the Council may limit the amount l` of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: i1l~lll("~i,,fr DATE: ,`f192~ y' PLEASE PRINT PrQ ,,enL,--XSp9akingjm- Egvorzq .SUWMi31in opponent-,-N,(Speakingr-Agaumt-,7 0bff ri§i& 92- n...sir:.G. Ta!C.da l:iv:~.:zi+a""''' e'~i• `a~,n RA ax.-str~. ec.rw- ~yc,~: asst. ,,:,•e'pr Fi2nwskrir rau uvvaiuNr i iv7 ii i'Ur'f ~L-WC7' I ~'f wJ-rranriea r rvai~pn U10 It o-ur' ~c uw r °Lot -L*°LirW-Ad-~ia nrtelrYt Jii~y -f)fl 3 Lfirie" ►drus#~men llS 9 =f3€ 'Ha Renalsssnt Name Name 6P -A4 Address z3 sc~ry ~(3Z~~. rasa ame 4WdrOSS Address e \ Name Address Address Name Name dress dress Name me dress Address Name Name Address ress Name Name Address Address Name Name Address Address C Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. (A T PLEASE PRINT DATE~.ft ~s P qP.qp4 1 p 4 - f v r 5~ ~-.ogi, Oi?pongnj T ( akin ft ns ubdivis4on 92-'pq gr Sip+ent araarde , a+8at43~afFIX-Dei/®~C7 r~ 1eT1t` !$3C~ _ilC~~`t Tent) Q6 Name Name Address Address Name J ( c7 D e teas ress Name . Name Addre _ ^ 4444 Address e; Name Address Address Name Name Address dress Name Name Address Address Name Name Address Address Name Name Address t, dress President's March 1992 The month of March provided TVEDC with a taste of international partnership as its president traveled to Eastern Europe to lecture on public/private partnerships in economic development. After weeks of planning the team, comprised of members of the business and academic communities, conducted seminars in the cities of Pecs, Hungary and Wroclaw, Poland. it was an enlightening 2 1/2 weeks filled with discovery and made the team appreciative of their country. TVEDC continues to work on fulfilling its contractual obligation to Washington County and is currently finishing the research portion of the economic development plan project. After soliciting feedback from county economic development professionals, we will begin the actual writing of the document in may. With every meeting of the Washington County reonomic Development Professionals Group, it becomes more appa important this network of people and information has become. The group continues to meet on a monthly basis and share information on various economic development issues affecting the region. Washington County Economic Development Plan Research assistant Darin Goble continues to volunteer his invaluable time and energy on this major project. The existing conditions aspect of the plan has now eaction lptan andT work his begun on a strategy for the 5 year scheduled to meet with the project steering committee for feedback and input in late May. John Mitchell, Chief Economist for U.S. Bancorp, will brief the committee on the state of Oregon's economy as part of this review stage. METRO Charter Committee After months of meetings, there is finally light filtering through with the morass of issues facing the committee. work is almost finished defining the functions of the regional government. The committee has also called for local government to act, in an advisory role, to METRO on issues of regional significance through a Regional to determine Policy Advisory remoftta eregional Work has now begun models: government using three primary m Status Quo - Elected Council/Elected Executive Council/rianager - Elected Council/Professional Manager Derr/Josselson Plan - Elected Council/Elected dExecutive (Council does policy an only. Executive runs all other operations and services.) Washin ton Count Economic Development Professionals Grou Mark Clemons, with two of his associates from the Portland Development Commission, demonstrated the way PDC make a business recruitment presentation. Using a variety chart and overheads, they gave an interesting and informative look at the city of Portland from a marketing viewpoint. There was a general discussion of strategy to incorporate Washington County into the presentation with an analysis of the area as a specific component. The Washington County Economic Development Plan was briefly discussed with a revision being made on the timeline and planning program. Beaverton Business Assistance Program TVEDC met with Beaverton economic development director Ann Mulroney about the City of Beaverton Business Assistance Program. Ann gave an overview of the program and discussed retaining aid expanding existing basic industries. The goal of the program to retain Beaverton's competitive position in the Portland area. One way the city has been able to coordinate retention and scheduledAssistance expansion efforts is through the Beaverton Business Center (BBAC) . The Westside Light Rail project, for completion in Beaverton in 1997, will also contribute to the city's economic position in the region. Economic development foundations are being established now to deal with the opportunities that will arise when the project is finished. Living Histor Museum (Washin ton Count Historical Society) Joan Smith, executive director of the Washington County inproject. Historical Society, briefed TVEDC on the status of the terest WCHS is working with local land owners and special groups to identify potential issues that could threaten the project. There is some resistance to the project because of concerns over land use and urbanization. "Doing Business in Washington Count " TVEDC discussed with Deanne Funk (PGE) the possibility of collaborating on this project. A meeting is scheduled for early may to go over the proposal and decide whether or notts feasible. PGE is interested in working on this kind of project, so we will actively pursue a grant. ISSUES MANAGEMENT DLCD Urban Growth Management Study Currently, the subcommittees change finishing recommendationsk oDraft administrative rule and statutory proposals will then go to the full committee for review and comments in April. There is a strong emphasis on density, infill and redevelopment in all the work. More than likely, some of the recommendations will be quite controversial. When the full package comes out for review, TVEDC will nced to create a task provide r force to do a thorough analysis and Western Bypass The proposed north/south route continues to be controversial with high activity from opponents. STOP heldA their were community meeting with over 300 people attending. ttendees predominantly, but not exclusively, anti-bypass. The "event" was carefully orchestrated and made many people angry because of its one-sided negative overtones. G (Gridlocked efforts Oregonians) able tot wrestd controls ofe then floor despite e STOP OP for a pro-bypass viewpoint. The Sunset Corridor Association hosted a dinner with the Washington County mayors forethew ODthe statu OT studys oPat Ritz y and Mary to gather input on support Tobias represented TVEDC at the event and responded to requests for background information, as well as an update on current strategies. The Wilsonville Chamber of Commerce hosted a bypass debate with TVEDC president Mary Tobias taking the "in favor" position and STOP member Dave Stewart taking the "against" position. C Oregon Transportation Policy Plan Draft The plan is now under review by the Oregon Department of Transportation advisory committees. TVEDC's comments on the plan C were submitted and will be included in the review. Bill Knox (UPS and a TVEDC board member) expressed concern about where the state of Oregon is going regarding the issue of automobiles vs. transit. He suggested a legislative committee be formed to monitor transportation issues next session. ODOT 6 Year Transportation and Improvement Plan This is what used to be called the Highway Improvement Plan. The name was changed to provide emphasis on the state's multi- modal transportation approach. The plan includes the Western Bypass study, but no additional funding beyond the study stage. Mentor Graphics is concerned about interchange improvements needed in Wilsonville and has solicited TVEDC's support. PCC Rock Creek UGB Amendment Request Currently, Portland Community College is outside the urban growth boundary. Because of the urban use nature of a community college, it needs to be included in the boundary. The college is planning some expansion, but can't build under the existing zoning designation. PCC needs business. community support and TVEDC has written a letter to the Metropolitan Boundary Commission urging a zoning change to keep the.facility consistent with the actual land use. Washington County Economic Development District The U.S. Resource Conservation + Development program has proposed the possibility of creating an economic development district in western Washington County. The purpose would be to attract federal business recruitment project money to the cities in the district. Bob Alexander/Forest Grove Council on Economic Development Coordinator will provide more information in early summer.. MEMBERSHIP AND PROGRAMS TVEDC continues to take a proactive approach to new member recruitment sending four information packets out and following up with letters of encouragement from TVEDC board members, the membership committee chair and the vice-chair. Calls were made to Sequent Computer Systems, Inc., Pumpkin Ridge Golf Club, Norris 6 Stevens and The Lutz Snyder Company. Subsequently, the Lutz Snyder Company became a new member of the corporation. The March I-5 Forum Breakfast featured Richard Callicrate, executive director of CESCO, as the guest speaker. He made a presentation on he benefits of employee ownership which elicited C a significant amount of interest among our members. It was decided at the membership meeting that a survey would be distributed at the April Forum soliciting feedback from the membership on the caliber of programs and suggestions on ways to improve the breakfast, etc. C The transportation committee and saw a better than average turnout of members discussing the I-5/217 interchange, the ODOT 6 Year Plan and improvements to the Stafford Road exit on Interstate 5. INFORMATION SERVICES Generally, requests were light in March after a good first quarter. Most inquiries are for general demographic information. In an effort to build on programming, board member Dick Porn and president Mary Tobias will discuss a new program component designed to develop a countywide base of economic data that we can market to the membership and others. ADMINISTRATION C The executive committee held a planning retreat this month to set the agenda for the board retreat scheduled for May 16th at Intel. The process of gathering information got underway for the 1992/1993 budget cycle. A significant amount of time was spent analyzing income and expenses for the first 8 months of 1991/1992 to project the 1992/1993 budget. New members for the month of March are Hillier & Associates and the Lutz Snyder Co. TVEDC continues to focus more on membership with plans for members to begin taking a more active role in this important aspect of the corporation. OUTSIDE MEETINGS C PRESENTATIONS SEEBA - Lecture Series in Wroclaw, Poland Lecture Series in Pecs, Hungary Wilsonville Chamber of Commerce - Western Bypass Debate with STOP REGIONAL MEETINGS Washington County Public Affairs Forum - Weekly Luncheon (2) METRO - Charter Committee (2) Washington County Visitors Association - Monthly Meeting DLCD Infill & Redevelopment - Bi-Weekly Meeting STOP - Bypass Meetings (2) Sunset Corridor Association - Bypass Meeting Tigard Chamber of Commerce - Open House Washington County Economic Development Professionals Group (2) GO - Western Bypass Meeting Washington County Business Consortium - Bypass Subcommittee C TVEDC SPONSORED ACTIVITIES OR EVENTS I-5 Breakfast Forum - Richard Callicrate, CESCO "Employee Ownership: Is It Worth The Investment?" INDIVIDUAL CONTACTS Bill Knox/UPS - Oregon Transportation Policy Draft Ann Mulroney/City of Beaverton - Business Assistance Program Betty Atteberry/Sunset Corridor Association - Western Bypass (3) Mike Cook/Mentor Graphics - ODOT 6 Year Highway Improvement Plan John Larsen/West One Bank - Western Bypass Bob Alexander/City of Forest Grove Economic Development Council- Economic Development District Joan Smith/Washington County Historical Society - Living History Museum Dr. Betty Duvall/PCC Rock Creek Campus - UGB Amendment Deanne Funk/PGE - Higher Education "Doing Business in Washington County" Tim Estes/Greenwood Inn - Membership Status INFORMATION SERVICES Generally, requests were light in March after a good first quarter. Most interest remains in general demographic information. Ili an effort to build on programming, board member Dick Porn and president Mary Tobias will discuss a new Iprogram component designed to develop a countywide base of economic data that we can market to the membership and others. TVEDC COMMITTEE STAFFING Executive Board Planning Retreat Transportation Con!n:i t.ta,e Membership Committee C DATE: March 25, 1992 TO: Board of Directors FROM: Mary L. Tobias RE: President's Report February 1992 vurTnn.NI, PROGRAMS AND PLANNING C After an extremely busy month in January, TVEDC's schedule returned to a more normal pace with an average number of meetings and individual contacts scheduled. A significant amount of time was invested in Western Bypass meetings and monitoring the status of the ODOT study. The Sunset Corridor, the Oregon Transportation Commission and Oregonians in Action all held special meetings on the issue and TVEDC provided information. TVEDC also collaborated with the Sunset Corridor in preparing strategies for this much needed circumferential arterial. The bypass's major opponent, Sensible Transportation Options for People (STOP) held three public meetings to generate additional grass roots'support for their position. TVEDC hosted Gridlocked Oregonians (GO) meetings to strategize for advocacy. The Washington County-Business Consortium also held a bypass strategy meeting. TVEDC continues to bring a Washington County based voice to the table of Portland State University's President's Advisory Council and the Greater Portland Trust in Higher Education. Mary Tobias president also continues to participate in consensus building for the writing of the Metro Charter with a final draft expected to be brought before the voters for consideration at the November general election. The media is still playing a strong role in TVEDC's increased in visibility. The corporation's president gave interviews regarding the charter to Jim Mayer of The Oregonian and was asked by Lisa DuPre of Hillsboro radio station KUIK to do a program in May. She also appeared on Bill Gallagher's talk show (KXL Radio) as a bypass proponent opposite Meeky Blizzard of STOP. During the month of February, TVEDC gave regional briefings to the city councils of Hillsboro and Tigard. C Sunset Corridor Association TVEDC's president and the Sunset Corridor's president Atteberry, have begun to schedule monthl Betty share information on various regional issues. in order to corridor association follow on several ke TVEDC and the issues including the Western B Y Washington County ypss Because interest are similar, both feel ita is. important toe areas of other apprised of new developments on a regular basis. keep each Portland State Universit President's Advisor Council Work continues on "PSU Listens" universit with the goal of linking the y to the community. Under the guidelines for the program, the private sector will be involved in providing input into the knowledge base that will be used to design long-term strategies for PSU. Greater Portland Trust in Hi her Education At last month's meeting, it was decided that the major area of effort would be assisting in the development of a regional research library network which would link the public and private university libraries in the Portland area. A presentation was made of PORTALS which included information that the federal government has pulled away from library development. There is federal support, however, for funding a regional information network. The governance aspect of the research library important because it will be the basic structured orsother cooperative efforts by the state's universities as well. The Council of Presidents has contacted the Murdoch Trust with the hope that it would be willing to provide funding to match with private sector dollars. They would like to discuss the project more at length sometime during the last week in March. State Acrencv Council Transportation was a focus of this month's meeting with briefings by ODOT, TVEDC and STOP on the Western Bypass. for discussion included mention that thestudyn begandwith the agreement of all parties to put aside biases and examine all the data with impartiality. Proponents of the bypass that request. There has been extensive examination ofvall lthe issues and until last week, all activist activities had been set aside. TVEDC did notify the council that with STOP's recognition of activist activities, TVEDC will be speaking publicly as a proponent of the bypass. TVEDC stressed that land use planning regardin part of the solution, but not all of it. g the bypass is stressed the importance of activel TVEDC s president y participating to find answers ;s' to Washington County's traffic problems. Ways to participate include becoming involved in DLCD's Urban Growth Management Study, reading and submitting written comments on the Oregon Transportation Plan. Presentations to the council were also made by the Oregon Department of Transportation, Sensible Transportation Options for People and 1,000 Friends of Oregon. The directors of the Department of Land Conservation and Development (Dick Benner) and the Department of Environmental Quality (Fred Hanson) along with the chairman of LCDC (Bill Blosser) all spoke to STOP's objections to the Western Bypass study. The three informed STOP representatives that their position had nothing to do with the ODOT study, but were instead issues directly related to a transportation system plan. The state representatives particularly told STOP members they would accomplish more for land use and transportation planning, if they would adopt an active approach. Bill Blosser noted that it would be in STOP's best interests to copy the TVEDC problem solving approach to regional issues. Social and East European Business Association (SEEBA) SEEBA, a program at Portland State University and funded by a U.S. government grant and private foundations, is aimed at establishing societies of marketing, accounting and financing in East Europe. A group of economic development professionals, including TVEDC's president will travel to Poland and Hungary to help governments there establish free-market economies. TVEDC's president will be team leader presenting seminars on defining the role of local government in economic development and its role in small business development. She will also take part in teaching a session on economic development practices using programs in place in the Portland area as models. Her final session will deal with the financing and pricing of public services. Metropolitan Chamber and Corridor Executives TVEDC updated metro area chamber and corridor executives on the status of the Metro Charter Committee and the direction it is heading. Chamber and corridor executives were told that discussion has continued on additional service responsibilities with concerns voiced about the role local governments will take in decision making process. Comments were also made about possible involvement of knowledgeable citizenry, concern for special districts and the role RPAC will eventually play in the charter. The final version of the charter is to be completed by July and placed before the voters in November. C Oregon Economic Development Department TVEDC's president met with Steve Peterson for an update on the status and direction of OEDD in the face of Ballot Measure S. Peterson said OEDD will have to cut about 20 positions. Despite the projected cuts, OEDD is concentrating on business development, tourism and international trade. Peterson was informed that CEDO has been put on hold for 1992. Peterson thinks CEDO is needed for the purposes of networking and training, but feels the organization is too formal and structured. He suggested that a volunteer group could be formed to informally facilitate a few professional development conferences a year. He would have an interest in reshaping the organization and stressed the importance of having economic development professionals as the driving force. Higher Education and Economic Development Dr. John Byrne, President of Oregon State University, Keith Mobley, OSU and Jon Carnahan, Linn-Benton Community College met with TVEDC President Mary Tobias to discuss issues surrounding stimulating Oregon's economy and the current state of higher education in the state of Oregon. Regional Briefings TVEDC gave quarterly briefings to the cities of Hillsboro and Tigard and met privately with Forest Grove Mayor Cliff Clark regarding the status of TVEDC programs. The briefings included an update on the Western Bypass and TVEDC's strategy to counter work done by the bypass's major opponent, STOP. INFORMATION SERVICES During the month of February we had an array of information requests ranging from regional maps requests to area office space availability. . The majority of requests were for information on demographics, the current job market and contacts in Washington County. ISSUES MANAGEMENT The management of issues continued to be a priority for TVEDC with a significant amount of involvement devoted to the Western Bypass, the Metro Charter and DLCD's Urban Growth Management Study. With the reactivation of GO (Gridlocked Oregonians), TVEDC is once again investing time and energy into countering the C efforts of STOP (Sensible Transportation Options for People), a grass roots special interest group formed to block the construction of the Western Bypass. C Western Bypass Progress on the Western Bypass continues with several different organizations holding strategy and informational meetings in which TVEDC participated or audited. After a hiatus, GO (Gridlocked Oregonians) has been reactivated, holding two meetings in February to define its mission as a staunch advocate of the bypass. GO attended a series of meetings organized by STOP and provided a much needed voice for support of the bypass. TVEDC continued to monitor the ODOT study's steering and technical advisory committee meetings and worked on future goals and strategies with the Sunset Corridor Association and the Washington County Business Consortium. TVEDC also presented an overview and update to the Oregon Transportation Commission and Oregonians in Action. Metro Charter Committee The Charter Committee is slowly moving forward with another round of public hearings scheduled for the end of March. Meetings in February focused on the scope of Metro's authority, service delivery functions, service responsibilities and the role of RPAC in relation to the Charter. As a member of the Charter Committee, TVEDC's president had requests from the Gresham Chamber of Commerce, Washington County Visitors' Association and Rep. Delna Jones for presentations and updates on the charter's status. The committee is expected to present a final draft of the document to voters for approval in the November general election. DLCD Urban Growth Management Study The satewide urban growth management study continues with TVEDC participating on the committees for infill and redevelopment for and land use and transportation. Areas of discussion in the infill and redevelopment committee include the role of local jurisdictions in providing incentives, additional funding from the state for infrastructure incentives and draft recommendations for LCDC to consider. Points covered in the land use and transportation committee include a possible public information project, revised draft recommendations and a funding and incentive package. Affordable Housin TVEDC met with Washington County Housing Authority's Susan Wilson to discuss housing needs for the region. Points that were discussed include methods for reducing housing costs, establishing long term financing programs and establishing tax credits in order to create affordable housing. One of WCHA's goals is to become interactive with various groups and working with non-profits and the private sector. WCHA also deals with low rent programs, federally subsidized Section 81s, bond projects to finance private development of affordable housing and the administration of the HOME program. In the future, it will be revising CHAS (Comprehensive Housing Affordability Study). Telecommunications TVEDC was the source of background information solicited by Bill Warner of Alliance Consulting Group. Alliance Consulting Group is conducting an informational survey for the Public Communications Network to determine how people are using cable access for data communication via video and audio linkages. Land Use/UGB Amendment Portland Community College (Rock Creek Campus) Executive Dean Betty Duvall asked for TVEDC's support in requesting an urban growth boundary amendment so that the PCC campus can be brought inside the UGB. There have been suggestions about relocating the campus to bring it inside the boundary. PCC opposes this unnecessary move and intends to remain in its current location. However, the campus will need to be brought inside the boundary before facilities expansion can occur on the present site. TVEDC wrote a letter on behalf of Duvall and sent it to Metro stating its support of PCC's request. Since the beginning of the year, TVEDC has been taking a more aggressive approach to membership and renewals. It has begun hosting business briefing breakfasts again which involves inviting members and potential members to hear representatives of local and regional government about current issues affecting business. A breakfast was held in February at MCI with State Senator Joyce Cohen and Lake Oswego Mayor Alice Schlenker as speakers. Forum Breakfast continues with Bill Fuller of Tualatin s as the February speaker. Although attendance for the s been consistent, TVEDC feels it could be higher and has d the Membership/Programs Committee to explore different achieve this. The committee is in the process of a survey to be used as a tool in understanding how membership feels about the breakfast's time, location, matter and ways to improve the monthly program. The Transportation Committee continues to meet monthly with a steady attendance of members addressing pertinent Washington County issues. The committee is currently working with ODOT on the possibility of hiring an ombudsman to work on behalf of area businesses during the I-5/217 interchange project. ADMINISTRATION The Executive Committee held a retreat at the Greenwood Inn in February to plan for the full board retreat scheduled for mid- May. The committee also discussed the goals of the TVEDC Board. Cathie Frederickson and Dick Johnson acted as facilitators. In the area of new member recruitment, TVEDC and the board are currently talking with Fred Meyer, Speed's Towing and Chapel & Stowell regarding membership. Staff member Stephanie Baker is also calling members who have received 3rd and 4th notices about renewing. OUTSIDE MEETINGS During the report period, TVEDC was represented at the following outside meetings or events: PRESENTATIONS State A gency Council - Bypass Presentation ( Hillsboro City Council - Regional Briefing Tigard City Council - Regional Briefing, Oregon Transportation Commission - Bypass Presentation Gresham Chamber of Commerce - Charter Update Washington County Visitors Association - Charter Update REGIONAL MEETINGS Sunset Corridor Association - Coordination on Issues (2) Forest Grove Mayor Cliff Clark - TVEDC Update Sherwood Chamber of Commerce - Monthly'Meeting SEEBA/PSU - East European Trip Planning (4) Higher Education Trust (2) PSU President's Advisory Council Executive Board Stage Agency Council Metro Chamber/Corridor Executives - Charter Update Affordable Housing Meetings - Susan Wilson/Wash. Co. & Mary Weber/Metro MACC Telecommunications/Public Communications Network - Bill Warner Oregon Transportation Commission - Bypass Oregonians in Action - Bypass Metro Charter Committee - Regional Meetings (3) Rep. Delna Jones - Charter Briefing DLCD Urban Growth Management Study (Infill & Redevelopment) (1) C DLCD Urban Growth Management Study (Land Use & Trans.) (1) STOP Meetings - Western Bypass (2) GO Meetings - Western Bypass (2) ODOT Technical Advisory Committee Meeting - Bypass ODOT Steering Committee Meeting - Bypass Q C June 24, 1992 TO: REGARDING: INFORMATION REQUESTS FILLED May - June 1992 Mel Hewitt Sherwood Land use Ralph Groener ASFME General economic trend information - Washington County Dee Staple James Brown & Associates Salem, OR Population, income and market profile Meg Frost Seattle NW Securities Portland, OR Major employers in Tualatin Valley Suzanne Stone Portland, OR TVEDC membership packet TVEDC Board of Directors INFORMATION SERVICES/Summary of Activity C. April 29, 1992 TO: REGARDING: INFORMATION REQUESTS FILLED March - April, 1992 Pietro Ferrer! Bolivian National Job Market Graduate Student Lewis & Clark College Portland, OR Market information, demographics for Washington County Deane Funk Portland General Electric Portland, OR "Doing Business" update - cooperative project Peggy Hoag Stan Wiley, Inc. Beaverton, OR Map of Western Bypass Study Area Jill Smith Willamette Week Portland, OR Washington County overview - 1st Congressional district Jackie Bradshaw Village Baptist Church Beaverton, OR Income - market profile t Y q n~ C TVEDC Board of Directors INFORMATION SERVICES/Summary of Activity Frank Trupil Relocation Consultants Fresno, CA TVEDC information packet, list of economic development professionals in Washington County Norman Voorhees Tigard, OR Market and population information, small business owner Alan Pedro Fidelity National Title Lake Oswego, OR Projected growth in Washington County - market information C ~ TALATI~i VALLEY ~T ECONO~tiIIC DEVELOPMENT CORPORATION June 16, 1992 1 Michael Hollern, Chairman Oregon Transportation Commission Salem, Oregon RE: 1993-1998 PROPOSED ODOT SIX-YEAR PROGRAM Mr. Hollern and Members of the Commission: The Tualatin Valley Economic Development Corporation is a public/private partnership linking the businpvs community of Washington County and portions of Clackamas County with the local governments of the region. It is our mission to work toward ensuring a positive. climate in which. those businesses can grow and prosper:- As we all know, an-efficient transgostation system in- an-d through a region is crucial to its economy. Tfris-is particularry important to- a region that is- experiencing- a health-y economic growth cycle. •Histarically when transportation improvements lag economic expansion, the costs of doing business that are directly related to time/delay rise significantly. These costs can be related to distribution costs or employee costs. Businesses that are particularly sensitive to this rise then begin the process of cost/benefit analysis and in many cases actually relocate to 'bring down the cost of doing business. If enough companies are impacted and forced to adjust their operations to accommodate the increased costs of shipping delays or employee commute time costs, then the healthy region begins the downward cycle that we see occurring in other parts of the nation. While TVEDC recognizes the complexities of balancing the many statewide needs with the limited funds available, we believe that it is in the best interests of the state of Oregon to take an active approach toward pfreserving the economic vitality of the Tualatin Valley. With that goal in mind, there are several projects that are very important to move through the process toward construction as rapidly as possible. We would like to be on record as supporting the issues raised by the Washington County Transportation Coordinating Committee and the individual projects supported by the county and C its cities. In addition, TVEDC has particulate concerns for four of the projects in the proposed six-year plan: the I-5/217/Kruse Way Interchange, the OR Hwy 47 bypass at Forest Grove, the I- 5/Stafford Road Interchange in Wilsonville, and the Western ODOT 10200 5.%V. Nimbus A~-enue • Suite G-3 • Tigard. Oregon 97223 • (303) 620-1142 • FA_X (503) 624-0641 1993-1998 SIX-YEAR PROGRAM Testimony/June 16,'1992 Page 2 Bypass. The interesting thing about these projects is that in many ways, they each act as a gateway to the Tualatin Valley. They are all important to the future of the region for the movement of goods, services and people. For the most part, each of the projects will enhance access to other parts of the state which will undoubtedly provide an economic stimulus to other regional economies. I-5/217/KRUSE WAY INTERCHANGE With the increase in traffic into and around Portland, improvements to this interchange need to be placed on the 'urgent, it should have been done five years ago" list. Highway 217 provides the only continuous flow access from the south to the north on the west side of Portland. In combination with the Sunset Highway, it provides the only uninterrupted flow from I-5 to western Washington County. There is a significant problem with access to Highway 217 at the current traffic volumes. Work on the interch-ange improvements needs to proceed at an accelerated pace. Recommendation: Keep the 1-5/2-17/Kruse -Way Interchange project on the fastest possible timeline. OREGON HIGHWAY 47 BYPASS (FOREST GROVE) The cities of Western Washington County all experience access difficulties. As we explained earlier, ease of access is crucial to economic vitality. It is particularly important to the economy of Forest Grove that improved access to and from the Sunset Highway be enhanced. In keeping with the state's goals for providing jobs and housing in close proximity to one another, it will be ever more important that cities are connected to one another for the movement of product to and from the regions' distribution hubs. Currently,. access to Forest Grove causes the time factor to disadvantage the city in attracting business. One of the largest employers in the city, Pacific University, needs smooth, easy access for students, parents, faculty and visitors to keep it attractive in the higher education marketplace. An important _ component of this project is the local match that has been designated by the MSTIP2 funds in Washington County. In addition, the current access provides a significant safety problem. Recommendation: Move the Hwy 47 Bypass back onto the original schedule for construction. I-5/STAFFORD ROAD INTERCHANGE, WILSONVILLE ROAD This project is another example of the excellent cooperation ODOT is getting from the citizens and governments of the region. This 1993-1998' SIX-YEAR PROGRAM Testimony/June 16, 1992 Page 3 project has been designed to move forward in concert with a series of local improvements that have been endorsed and financed through the support of the City of Wilsonville and businesses that border SW 95th in that city. As is usual when governments plan projects of this scope, a lot of compromises have to be worked out. Wilsonville put a great deal of time and effort into the planning and negotiating that the 95th street improvements 3 required. In addition, because of regional plans for a solid waste transfer station, the negotiations for handling future traffic needs involved the Metropolitan Service District. A lot of Portland area public policy was predicated on the original j construction schedule. It is imperative that the good faith in which all of these decisions and compromises not be violated. In this time when all government is suspect, the City of Wilsonville needs to keep faith with its citizens and provide the promised improvements on time. Recommendation: Move the I-5/Stafford Road, Wilsonville Road improvement projects back up to the original construction schedule. Aff1h VESTSRN BYPASS As you know, north/south traffic in western Washington County is currently served .by-farm to market roads. As the northwest corner of the state of Oregon continues to experience economic and population growth, these roads are going to become congested and traffic safety will become a significant issue. It is most important that the commission continue to pursue ways in which this problem can be addressed. Currently the Western Bypass Study has the problem under intense scrutiny. However, there are issues of increased traffic on rural roads that may not be adequately examined in the context of the current study. These must be a prio'rity for the future. Recommendation: Continue to support the Western Bypass Study and keep it moving forward as rapidly as possible. TVEDC would like you to know that we support your efforts. These are difficult times for our state and there are many demands on our resources. However, we offer you any assistance that we can give in working toward the resolution of the issues surrounding transportation system improvements in Oregon. Sincerely, Mary L. Tobias . President/CEO g C n 6 T... O ® O Z G a. C'~ .S E c c a'3`J o .D u= > a ty ~ E._ 0. ~ 7 o"oo0.iny ~ o; ~ H e c 6 y~ u v u .G a 7 a r U . 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U r U l r ~2 N O r v ^ C ri S r r r r L A . r r 1 :S V-• _ ^ -2 = s ~ Si Wi- . ® I. ~7•~~r r?- tea`... -2p vlC=~- . =3ccc-- r AIM i aw V _ U C C u C~~ O C R C T O .bj C T~ Y V V V C of ,.o-.s _ v V r _ T C _ J 6 O = U Yl C. ~ > U L Y U - _ ^ = - ~ - ~ C V V V N r 7 ~ u v 1 h O _ U Cam. ;j v •9 r Gi s~ v G Z .7 7 c ~ p. C u 4 _ C. G . w to V: r 6. ~ r~` t J r~ V L F_c.~J. a.F_ yy Co macs--=J r~~ _ 'C r i C+ - = C J > _ T V ~ L CJ r L n v° Et C _ [ ^ > =~==u air= N W O ~ U 4-J 0 p L'ZA 0 - W Lij V / En lao N S W CL O 4- 4) E 4) %aft 000, mI~~ (^j( t ~ f 1 O Sao ■ r ~ - ~ - r v - C C _T _ _ ° r c T N > J r T r - r r = H - - U CJ H r- r^ 7 U G C ^ CSC v E. T r C 2 T U fi r - .O O r'. r~> C v U U Ci U • - 7 - U • i . = C 0, C. W Z,p Q. rr ca: n~ ° n ~ C G.' v _.O _ r m' o G. r C . C. "1 Tomorrow's transit - What happens if region can't meet ridership goals? Who gets hurt if transit doesn't entice the new riders that Tri-Met's general manager, Tom Walsh, projects in his draft plan for the agency's next decade? Those most dependent on clean air for health reasons, certainly. But in fact, all of us who want to breathe easily and not have to search for Mount Hood through a shroud of smog; who want a nation less depen- dent on foreign oil; who want to spend less time driving - or parked in lines of congested traffic - and more time at work and home. The list is longer, and it includes Oregonians outside of the metropoli- tan area who want.more transporta- tion dollars invested in highways and streets to serve them, instead of more freeways to serve Portland drivers. Under Walsh's plan, transit rider- ship here would grow from 200,000 a day this year to nearly 700,000 by 2005. However, the foundation for that growth includes: (1) new operat- ing money - $45 million a year in 1995 and $30 million more a year in 1998; (2) changed land-use patterns to foster growth along transit corridors, and (3) a third light-rail line to begin operating in 2002. If those things don't take place, Tri-Met's analysts estimated last week, daily ridership more likely would limp upward only to about 255,000 by 2005. Without new money, Tri-Met could add no new service hours after 1994, would delay bus replacement in 1995 and would gradually decrease service each year after 1997. Peak-hour trans- it would be standing-room-only. That would further discourage ridership growth. Take a look at traffic congestion today and the growing impact on resi- dential neighborhoods of drivers seeking alternative routes. Then apply the population-growth projec- tions for the metropolitan area. New high-cost freeways? More smog? More sprawl as people seek to get away from congestion, but actually increase reliance on the automobile? Increased fuel consumption? It's an ugly scene, one that resi- dents here cannot want framed in their home and workplace windows. Walsh envisions a different future, but Tri-Met is going to need help: First, citizen understanding of what is at stake. Then, strong support and advocacy to ensure Tri-Met the mon- ey it needs to serve more riders and to encourage local elected officials to make land-use decisions that will take full advantage of the public's investment in transit. COUNCIL AGENDA ITEM 3, a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 28 1992 DATE SUBMITTED: July 15, 1992 ISSUE/AGENDA TITLE: Greenspaces Grant PREVIOUS ACTION: none FannovCreek Pa PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed MurRhy CD_Dir. ISSUE BEFORE THE COUNCIL To authorize the submittal of an application for U.S. Fish and Wildlife Service grant funds available through Metro STAFF RECOMMENDATION Authorize submittal of the application INFORMATION SUMPIARY Grant funds are available from Metro to restore natural sites to their original states to the extent feasible. Eligible sites include urban wetlands, streams, and riparian corridors, and selected upland sites. The intent of the grant program is to demonstrate that open space protection and restoration projects can be successfully completed on a regional level with the proper planning, cooperative efforts, and the availability of resources. Last year Fowler School was awarded $10,000 in Greenspaces grant funds to diversify the ecology of the large wetland areas located on the school land. The City seeks funds to purchase and plant native trees and shrubs in Fanno Creek Park. The plantings are intended to improve the natural character of the park and its ability to support the area's wildlife inhabitants. The project is consistent with the master plan for the park, which calls for a continuous corridor of natural vegetation along the creek and the maintenance of the central portion of the park as a nature preserve. Technical assistance in designing the project has been provided by the Fish and Wildlife Service and the Urban Stream Council. PROPOSED ALTERNATIVES 1.) authorize as recommended 2.) do not authorize submittal of the grant application -Y_ FISCAL NOTES Approximately $20,000 is requested. A 50 percent local match is required. The City's match will include staff time to be allocated to the project and volunteer hours used for the clearing and planting work. The Fans of Fanno Creek and the Ti Tu Mi Girl Scouts will be partners in the project and will provide the volunteers. No local cash would be required. C Page 1 of 3 ® APPLICATION FORM Metropolitan Greensoaces Program - Demonstration Grants Due August 3, 1992 -by 5:00 p.m: Name of Applicant Organization: CITY OF TIGA n Department or Division: COMMUNITY DEVELORMENT DEPARTMENT Type of Organization: -2i-City County Special District Nonprofit Describe Your Organization: Incorporated Municipality (You may,enclose brochures about your organization.) If This Is A Joint Application of more than one agency/organization, please list all the agencies anal/or organizations: Fans of Fanno Creek, Ti Tu Me Girl Scouts Project Manager/Contact Person: Floyd Peoples, Parks Maintenance Supervi Address: 13125 SW Hall Blvd., Tigard, OR 97223 Telephone: (503) 639-4171 Project Title: /F~anno Creek Park Restoration Prnjprt Type in N of S'efn Ory: Gerald Edwards. Mayor Signatur, ' Date 7L-? k /qL of Ele 0fficia or ecutive Director r COUNCIL AGENDA ITEM 3.3_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY L tf , 1 y y z AGENDA OF: July ISSUE/AGENDA TITLE: Quitclai of an existing sewer easement DEPT HEAD OK CITY ADMIN OK DATE SUBMITTED: July 16, 1992 PREVIOUS ACTION: None PREPARED BY: Chris Davies _ REQUESTED BY: Should the sewer easement granted to the City, recording number 79020484, be extinguished? STAFF RECOMMENDATION Approval of the resolution authorizing that the easement be extinguished. INFORMATION SUMMARY In the early 1970's Muttley's Addition Subdivision was approved, (see attached map for location). A portion of the subdivision needed to access a sanitary sewer line located to the south. The adjacent property owner granted a public sanitary sewer easement to the City so that access would be available. In the late 1980's the City of Tigard had a sewer project in this vicinity that reconfigured the system so that it would be a gravity system instead of a pumped system. Therefore, at this point in time the easement that was granted as part of the Muttley's Addition Subdivision could have been extinguished though it was not. In 1991 the Planning Commission approved subdivision, SUB 91-14. As part of the conditions of approval it was required that the easement be vacated prior to final plat approval. The developer of SUB 91-14 has provided for all lots to be served by a public sanitary sewer and requests that the easement be extinguished. The attached resolution will allow the easement to be legally extinguished. PROPOSED ALTERNATIVES 1. Authorize the City Administrator to sign the easement extinguishment. 2. Deny authorization of the easement extinguishment. FISCAL NOTES No additional expenses are expected. glaubko-ca.1 % I COUNCIL AGENDA ITEM L CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 28, 1992 DATE SUBMITTED: July 15. 1992 ISSUE/AGENDA TITLE: Review-Hart's PREVIOUS ACTION: Planning Com. Landin Subdivision Approval-Sub 9 Hearin - June 8 1992 0003 PDR 92-000 MIS 92-0006 1 A11 1 PREPARED BY: Bewersdorff/Offer l DEPT HEAD OK C ITY ADMIN OK I /T M REQUESTED BY: Ed Murphy Should the City Council uphold the Planning commission's decision to require the developer to provide a water quality facility that is designed to accommodate this particular development even though it may not accommodate all future upstream runoff? STAFF RECOMMENDATION Affirm the Planning Commission's decision which was to require a water quality facility to accommodate runoff from the Hart's Landing Subdivision. Modify condition No. 15 to allow for the payment of fees in lieu of construction of a water quality facility to accommodate the Hart's Landing Subdivision. INFORMATION SUMMARY On June 23, 1992, the City council voted to call up for review the Planning { Commission's approval of the Hart's Landing Subdivision, a 34 lot subdivision by Renaissance Homes, Inc. located at 10993 SW North Dakota Street between Englewood Subdivision on the north, Englewood Park on the south and Black Bull Park Subdivision on the east. The Planning Commission's final order is attached for reference. Of specific concern was the Commission's decision not to require the developer to size a USA required water quality facility to accommodate the treatment of drainage from upstream properties. The Commission required that the water quality facility be designed to accommodate the subject development only. Staff had indicated to the developer and Commission that subsequent to the construction of the water quality facility, the developer could request that the City Council establish a reimbursement district for the purpose of having upstream benefitted properties compensate this developer for the cost of over-sizing the water quality facility. However, the reimbursement district process provides no certainty that such a district would be formed until after the developer actually constructs the facility. Without certainty that a zone of benefit could be established or that the developer would be fully compensated for over-sizing, the Commission did not require the over-sizing (see page 21 of P.C. Final Order). There was also concern that over-sizing the water quality facility would require the removal of additional trees and possibly reduce the number of lots. Staff's initial recommendation to require over-sizing was based on the City's policy to require public facilities, including storm drain facilities, to be C oversized to accommodate the impact of off-site impacts that must be routed through a particular development. Code Section 18.164.100. C. requires that: a culvert or other drainage facility shall, and in each case be, large enough to accommodate potential runoff from its e~iissue sis whetherl gths area, whether inside or outside thdevelopment'". Unified Sewerage Agency to code section applies to facilities required by t Storm drainage treat me need facility a uirements create treat storm drainage. a relatively new issue brought about by to impr the of specifically for the Tualatin River. The city's code lists no requirements are in a state storm drainage treatment facilities. changes U As ra result,l staff recommends no continuous flux and are likely concur with the Planning change in city code requirements and, therefore, Commission that the water quality treatment facilities should not be oversized. Current USA rules call for the construction of water qualit treatment exception process allows for payment of a fee in facilities on each site. An the Commission's recommended lieu of construction in some cases. M ifmould provide more flexibility condition No. i5 to allow for such _ payment in addressing the water quality treatment issues relative to Hart's Landing. The modified condition could read as follows: licant shall provide a water quality facility meeting the 1 The app Resolution and Order No. 91-47 that require ements of Unified Sewerage Agency Engineer's develo to th is designed to accommodate fees in hlieu of constructi unof a waterequality facility approval, payment nt be authorized. _ to accommodate this development may _ PROPOSED ALTERNATIVES 1. Affirm the Planning Commission's decision. the water 2. Amend the Planning Commission's decision to require over-sizing quality facility to accommodate upstream drain.of fees in lieu of a 3. Modify the condition of approval to allow payment - water quality facility. = FISCAL NOTES Financial impact unknown. CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 92-03 PC All, A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A LOT LINE ADJUSTMENT BETWEEN TWO EXISTING PARCELS. IN ADDITION, THE FINAL ORDER INCLUDES FINDINGS AND CONCLUSION WITH REGARD TO AN APPLICATION FOR A 34 LOT SUBDIVISION/PLANNED DEVELOPMENT FOR ONE OF THE ADJUSTED PARCELS. THE REQUESTS ARE MADE BY RENAISSANCE DEVELOPMENT. The Tigard Planning commission has reviewed the above-described applications at a public hearing on June 8, 1992. The Commission has based its decision on the facts, findings, and conclusions noted below. 1. SUMMARY OF THE REQUESTS CASE: HART'S LANDING Miscellaneous MIS 92-0006 Subdivision SUB 92-0003 Planned Development Review PDR 92-0001 SUMMARY: The applicant requests: 1) Lot Line Adjustment approval to adjust two parcels of 1.23 acres and 13.53 acres into two parcels of 6.9 acres and 7.86 acres; 2) Subdivision preliminary plat/Planned Development Review conceptual plan approval to divide the approximately 7.86 acre site into 34 single family residential lots averaging 7500 square feet in size. In addition, the applicant has requested an exception to the 25 foot undisturbed buffer area adjacent to "sensitive areas" requirement of the Unified Sewerage Agency Surface Water Management regulations. APPLICANT: Renaissance Homes, Inc. 2098 Eighth Avenue West Linn, Oregon 97068 AGENT: Harris-McMonagle, Inc. (Contact: Bill McMonagle) 12555 SW Hall Blvd. Tigard, OR 97223 OWNER: Mary Hart 10993 SW North Dakota St. Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5(PD) (Residential, 4.5 units/acre - Planned Development overlay) LOCATION: 10993 SW North Dakota Street (WCTM 1S1 34AC, Tax Lots 2300 and 2400) APPLICABLE LAW: Community Development Code Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.102, 18.108, 18.114, 18.150, 18.160, 18.162, 18.164; Comprehensive Plan Policies 2.1.1, 3.4.2, 3.5.4, FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 1 4.2.1, 7.1.2, 7.2.1, 7.3.1, Unified Sewers 7.4.4 7.6.1. and 8.3.3; Surface Water ga Agency Construction Standards Pertaining to Management R&O 91-47, as amended by R&O 91-75. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Sit--mssi--1 At present, tax lot 2300 is 13.53 acres in size and tax lot 2400 is 1.23 acres. B. Site location and surroundin uses: The site is bounded on the north and west by the Englewood subdivision; on the east by the Black Bull Park subdivision and on the south by th,- Carnahan•s Addition subdivision and a number of large lot sin le- residences. Englewood park is located to the northwest of this site. The Fanno Creek floodplain and g family Pedestrian/bicycle pathways are located insboth Fanno Creek and Englewood Parks relatively close to the subject the northeast. property. The site is surrounded by developed residential with all areas developed to their full develo mA; the large lot properties on all s;des properties to the south. P r` potential, except for C. Existin uses and structures: _ Tax lot 2400 presentl several outbuildin s•y contains a large house (the Hart area in the southern Tax lot 2300 contains sca tered trees dance) and and field pond on the northern a portion of the site and dense vegetation surrounding includes some potion of the parcel. The area of the deciduous trees in associated wetlands and a few lar a pond year. Access to bo hl nd areas is g mature fir and The pond has been drained in the past parcels North Dakota Street that extends acrosst provided by a gravel drivewa - ax lot 2500 to the south. y from SW D. Tonoara UhV arirl ec The site slopes to the north and east from a approximately 194 feet to a water level of 161.2 feet x ornthe pond n The maximum elevation on the north side of the pond is 178 feet in northwestern corner of the site. pond. The the E. Plan des' nation and zonin The site is designated for Comprehensive Plan low density residential units/acre Map. The site is zoned use by the The Planned R-4.5 (Residential, 4.5 parcels as well as two other Development overlay zone was a subdivision a properties to the south as applied to these art of an earlier Development overlay is not associated with onl approval but instead remains on the propert 1' a particular development also designated for low Y- Surrounding Pment are density residential use and are also o zoned properties d R-4.5. a FINAL ORDER - SUE 92-0003/PDR 92-00011MIS 92-0006 HART LAKE SUB. PAGE 2 F. Development proposal: The application proposes a lot line adjustment between the 1.23 acre tax tax lot 2300 so as to result in parcels of lot 2400 and the 13.53 acre 7.86 and 6.9 acres. The 6.9 acre parcel would contain the Hart residence, the pond, an undevelopable buffer area on the south side of the pond, and all of the area north of the pond. The applicant proposes subdividing the 7.86 acre parcel into 34 single family lots ranging in size from 5,920 to 10,610 square feet as shown on the preliminary plat. Access to Englewood Park to the northwest of the proposed subdivision is proposed from a 10-foot wide pedestrian access easement and pedestrian path across proposed lot 8 connecting to the public street system. The applicant proposes an internal network of roads that would include extensions of the current dead ended SW 109th Avenue and SW Black Diamond Way. A SW 109th-SW Black Diamond Way connection was required by the Planning Commission's decision for SUB 91-0001. These two streets would intersect just south of the Hart residence. In addition, two east-west public streets would be stubbed to provide for future extension to the south and west. Public street improvements within the subdivision are proposed to conform to City of Tigard local street standards, including 34 feet of pavement within 50 foot wide rights-of-way and sidewalks on both sides of all streets. A 24-foot wide private street with sidewalk on one side is proposed to serve lots 5-10 in the northwestern corner of the proposed subdivision. The private street would be located in a 32-foot wide access tract that would be commonly owned by the owners of lots 5-10. In addition, the applicant has requested an exception to the 25 foot undisturbed buffer area adjacent to "sensitive areas" requirement of the Unified Sewerage Agency Surface Water Management regulations (R&O 91-47, as amended by R&O 91-75). The exception would allow portions of the 25 feet adjacent to wetlands on the site to be included within lots 2-6 instead of being placed in A separate buffer tract as is usually required. The applicant has proposed that "compensating buffer area" between lots 6- 8 and other portions of the wetland area be set aside from development. The lot setback from the wetlands in this area would be 50 feet rather than the 25 foot requirement. G. Public service and utilities: The applicants propose replacing the existing cleanout at the end of the sanitary sewer at Ponderosa Court and Black Diamond Way with a manhole and extension of an 8-inch line installed westward to serve the proposed subdivision. Water service would be extended from existing dead end lines on Black Diamond Way and SW 109th Avenue. A storm drainage network would be developed throughout the site that would drain to the existing pond. No water quality treatment facility is proposed to treat storm drainage from the proposed subdivision. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 PAGE 3 HART LAKE SUB. III. APPLICABLE APPROVAL STANDARDS A. Community Development code: 1. Chapter 18.50 contains standards for the R-4.5 zone. Single-family detached residential units are the primary permitted uses in the zone. Single-family residential lots in the zone must comply with the following dimensional requirements: Minimum lot size 7,500 square feet Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Corner yard setback 15 feet Rear setback 15 feet Maximum building height 30 feet 2. Chapter 18.80 contains provides a process for providing a means for creating planned environments through the application of flexible development standards. The purpose statement notes that it is the intent of this section to preserve to the greatest extent possible the existing landscape features and amenities through the use of site planning procedures that relate the type and design of a development to the site. The Planned Development process is permitted only through the application of the Planned Development overlay zone to a parcel through a zone change application. If the application involves the subdivision of land, the application for the zone change and the preliminary plat approval may be heard-concurrently. Approval of the Planned Development overlay zone shall not expire. Approval of the Planned Development site development plan is valid for eighteen months, and may be extended for an additional twelve months. The minimum lot size, lot depth, and lot width standards of the underlying zone shall not apply to a planned development except as related to the'density computation. Building height requirements of the underlying zone shall not apply except within 100 feet an Established Area. Front yard, side yard, and rear yard setbacks of" the underlying zone shall not apply except on the perimeter of the site. Garages must maintain a twenty foot setback from public rights-of-way. An applicant may request special setbacks to be applied to the development or the Planning Commission may establish special setbacks. Code Section 18.80.120 identifies approval criteria for a planned development site plan. Of particular note with regard to the current request is Section 18.80.120.A.3.a(i) which states that streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest extent possible.- 3. Chapter 18.84 contains regulations for development within or adjacent to wetlands, including land within 25 feet of an identified wetlands. Wetland locations may include but are not limited to those areas identified as wetlands in either the Comprehensive FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 ` HART LAKE SUB. PAGE 4 Plan's Floodplain and Wetlands Hap or the "Wetland Inventory and Assessment for the City of Tigard, Oregon," by Scientific Resources Inc., 1989. Specific identification of wetland boundaries by ` qualified professionals may be required to be done at an applicant's expense. Code Section 18.84.040.D provides that the hearing body may approve a development adjacent to a significant wetlands provided that activities meeting the Code's definition of development are located at least 25 feet from the wetland boundary. 4. Chapter 18.88 contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80 percent or more of the newly created lots meet or exceed this standard. 5. 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, divide the net development area by the minimum parcel size permitted by the zoning district. 6. Chapter 18.102 requires that adequate vision be provided at road intersections. 7. Chapter 18.108 contains access standards. Private streets or driveways are permitted to serve up to six dwelling units subject to pavement width and improvement standards that vary with the number of dwelling units served. Common driveways serving three dwelling units to a maximum of six residences must have a minimum pavement width of 24 feet within a minimum 30 foot wide access tract. Curbs and a sidewalk on one side of the street are required. A turnaround area is required for private streets in excess of 150 feet in length. 8. Chapter 18.114 establishes standards for sizes and locations of signs. A process is established for the review and approval of sign permits. Platted subdivisions are permitted one permanent, freestanding sign at each entry point. Sign area is limited to 32 square feet per sign face. 9. 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; FImA3+ ORDER - SUB 92-0003/PDR 92-0001/HIS 92-0006 HART LAKE SUB. PAGE 5 C 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. 10. 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: t a. The subdivision proposal must comply with the City's Comprehensive Plan and the applicable zoning ordinance and other applicable ordinances and regulations; b. The proposed plat name may not be duplicative of other plats within Washington County and the plat must otherwise satisfy the provisions of ORS Chapter 92; C. The streets and roads must be laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining properties 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 11. Code Section 18.162.060 contains approval standards for adjusting parcel boundaries when no additional parcels are to be created. The proposed adjustment must not take either of the parcels out of conformance with the:-minimum lot size of the applicable zoning district; must not create setback violations; or otherwise take the parcels out of conformance with the access and dimensional standards of the zoning district or other Code standards. 12. 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) 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 street that can be extended off-site. 41 d. Section 18.164.030(M) requires local street grades of 12% or less. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 6 i t i e. Section 18.164.060 prohibits lot depth from being more than 21 times the lot width and requires lot frontage of at least 25 feet on a public or private street for all lots created through the subdivision process. f. Section 18.164.070 requires sidewalks adjoining all local residential streets. ction 18.164.090 requires sanitary sewer service. S e Cf. h. Section 18.164.100 requires adequate proviai0^_s for storm ements for storm drainage water runoff and dedication of eas facilities. B. A licable Com rehensive Plan Policies. 1. Policy 2.1.1 provides the city will assure citizens will be provided of the planning process. an opportunity to be involved in all phases 2. Policy 3.4.2 requires the protection of fish and wildlife habitat arian vegetation, requiring ri i i p n ng along stream corridors by mainta and by retaining standing trees and res , erosion control measu the maximum extent possible. This policy also natural vegetation to ecial consideration be given to minimizing tree removal s s eas i p re requ related to development in areas designated as timbered or tree ar etland areas on th e w in the Comprehensive Plan. The area south of the Plan's vegetation map at I-39 as ' is noted on the Hart property also d coniferous-deciduous tree cover. This p 1 i i xe having m w ldlife requires cluster development in as areas having important rehensive Plan's resource Com h p e habitat values as designated by t The Plan does not designate the subject site as an area document. with important values for wildlife (Plan Volume I, map at I-41). y 3 Policy 3.5.4 provides that the an interconnected pedestrian/pathway . system be developed throughout the City. 4 Policy-4 2-1 Provides'that' all development' within the Tigard Urban state and deral f , e Planning Area shall comply with applicable regional water quality standards. 5. Policy 7.1.2 provides the City will require as a condition of and storm drainage development approval that public water, sewer, standards and utilities placed d to Cit y will be provided and designe underground. 6. Policy 7.3.1 provides the City will coordinate water services with water districts. 7. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. B. Policy 7.6.1 requires that as a pre-condition to developments`., a m having adequate water t e development be served by a water sys and that the Fire District pressure for fire fighting purposes review all development applications. FINAL ORDER - SUB 92-0003/PDR 92-0001/HIS 92-0006 PAGE 7 HAR' LAKE SUB. 9. 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. 10. 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. C. USA Surface Water Management Regulations 1. Chapter 6 of the Unified Sewerage Agency Surface Water Management Regulations, Resolution and order 91-47, requires that a 25 foot undisturbed buffer corridor be provided between a development and a sensitive area, such as a wetland, floodplain, or pond. The undisturbed corridor may be required to be fenced, signed, or otherwise separated from parcels that will develop. The undisturbed corridor shall not be included in a developable lot and may be required to be dedicated to USA or the City or else an easement may be required conveying storm and marface water management rights to USA or the City and preventing the owner of the undisturbed buffer area from activities and uses inconsistent with the purpose of the corridor. Sensitive areas shall not include a constructed wetland or a water feature constructed during an earlier phase of site development for specific purposes such as a recreational lake or a water quality facility. Chapter 6 allows exceptions to the 25 foot standard where it is unfeasible to provide the full corridor. In the case of exceptions, an area equivalent to'the 25 foot corridor shall be provided. 2. Chapter 7 of the USA regulations requires that certain developments install water quality facilities for the purpose of removing phosphorous. The water quality facility may not be placed within a water quality buffer corridor separating a development from a "sensitive area" unless the corridor is widened to compensate for the placement of the water quality facility. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAZE SUB. PAGE 8 IV. NPO & AGENCY COMMENTS C 1. The City of Tigard Engineering Department reviewed the proposal and provided the following comments: Streets: The site is located north of SW North Dakota Street and.has access from two local streets: SW 109th Avenue and SW Black Diamond Way. The applicant is proposing to extend SW 109th to the north to intersect with a westward extension of SW Black Diamond Way. SW Black Diamond Way would extend further westward to intersect with SW 111th Avenue and a private drive. The applicant is also proposing two new streets, SW 111th and SW Geneva, to serve the interior of the subdivision. These two streets would be stubbed or dead ended so that they could be extended to serve the properties to the southwest for future development. All proposed public streets meet Code standards for local streets. The applicant should be required to install a temporary turn-around for SW Geneva Street. The Code requires that roads which terminate and are in excess of 150 feet in length provide a turn-around for fire apparatus until such time as they are extended. The applicant is proposing a private drive which would serve six lots in the northwest corner of the proposed development. The private drive meets applicable Code Chapter 18.108 standards for private drives. Sanitary Sewer: The applicant proposes to connect the development to an existing 8 inch line located at the intersection of SW Ponderosa Place and SW Black " Diamond Way. The existing system has the capacity to handle this development. In addition, the applicant has shown an extension of the sanitary sewer system to the subdivision's boundaries for future development. Storm Drainage The applicant is proposing to direct the storm drainage to the northern portion of the development and discharge it at two different locations, into an existing drainage way. The northern portion of the property contains an existing pond which ultimately drains into Fanno Creek. The applicant has shown an internal storm drainage system to handle this development with no extension for future development. Based on the contours of this and adjacent upstream parcels that could develop, the applicant should be required to extend the proposed storm sewer. The system should be extended and designed to handle this development and any future development which would drain into this area. The Unified Sewerage Agency has established and the City has agreed to enforce, Resolution and Order No. 91-47, Surface Water Management Regulations, requiring construction of on-site water quality facilities or fees in-lieu of their construction. The applicant has not proposed any such facility. After a review of the preliminary plat and the site it is FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 9 recommended that a combination of an on-site water quality facility and possible fees in-lieu be paid. Federal, State and local regulations all require erosion control permits for this project. The applicant should apply, through the City, for a joint permit. Application should be made at the time that construction drawings are submitted. Accordingly, the Engineering Department recommends that approval of the subdivision proposal be subject to the following conditions: - The applicant shall provide a water quality facility, meeting the requirements of Unified Sewerage Agency Resolution and Order No. 91- 47, that is designed to accommodate this and all future developments which will drain into this system. - The applicant shall, for Lots 2 through 5, provide for one of the follo: A. Install individual facilities on each lot that meets the requirements of Resolution and Order No. 91-47; or B. Design each lot so that it drains to the public storm sewer system; or C. Pay a fee in-lieu of construction. The final determination as to the acceptability of any alternative as outlined above shall be with the City of Tigard Engineering Department. - The applicant shall provide the City with an easement for the buffer and compensated buffer area, as shown on the preliminary plat. The easement shall convey storm and surface water management rights to the City and prevent the owner of the easement from activities and uses inconsistent with the purpose of the land. 2. The City of Tigard Building Division reviewed the proposal and submitted the following comments: a. A demolition permit will be required for removal of existing buildings. Any septic tank shall be pumped out and completely removed. An inspection shall be obtained after tanks are removed. A copy of the receipt from the pumping company shall be provided. If the building is connected to th,~ public sewer, the line shall be properly capped off and inspected by the City. b. A sewer permit shall be obtained prior to the connection-of the existing house to the sanitary sewer. C. Private storm drains shall be provided for lots 22, 23, 27-32. Easements shall be provided where crossing other lots. The minimum pipe size of a private rain drain shall be as follows: Serving 1 house - 3 inches Serving 2 houses - 4 inches FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 10 C C Serving 3-6 houses - 6 Serving 7-15 houses - g inches inches d' A joint access and maintenance agreement lot accessing a private shall storm drain as follows: : recorded with each Lots 27`32 shall have operate and maintain equal right use private or public drainsthe private to drainage facand an ilities legation to 3• The Ti ga easements as shown, within the to thegard Water District has proposal. reviewed the proposal locations However, the District and has be rev' water main sizes has commented no objections sewed and approved ae and locations, and that fire h apart of water meters will hydrant 4 need to . The Tualatin the final public Valle improvement , and onlyoone side ate street should bescue District has plans. Final of the required to be commented that the fore hydrant street and no parkin posted for Parkng Water District and locations will g within the turnarooundlar °n the ^ire D need to be approved b area. 5. estrict. by both the Tigard School Tigard within District 231 has the attendance noted that the Middle School areas of C. F_ proposed development develo is' and the Tigard Senioreg Hrdeg}1 Elementary school ent lies at thosee sc projected to , Fowl schools: 11 studenteenerate the School. The Fowler er Middle Sch at Ti following additional proposed District ool; and 2 atudenteard Elements enrollment notes Elementary School; 5 chool students at aesult of this that school capacities a re Tigard gh School. The S pproved developments development projected to be exceeded as that core ptnents within those and other rrenti a consider facilities the attendance Y reviewed and Portable schools areas. The District notes provided classroom additions. are insufficient including by other options Additional to be able to grade level reconf der consideration b school capacity adjustments, double lguration by the school may be bond shifting, burin • rescheduled sch district, measures leading to constructeon ° under-utilized faci i es boundary housing year, options. of new facilities and future The Unified Sewers other school approval of this develoAgency has reviewed the proposal pment application with the followinld reco~end~ Require on-site water qualit g conditions: L L Y facilities; Public storm and sanitary sewers shall the A Y'a R&O L Re enc 91-47, Chapter 3, as designed in conformance quire a plan showin amended by 91_75; with adopted g erosion control guidelines; measures that are I' Prohibit consistent eohib direct discharge of roof g or created wetlands; drains and surface L Require water to undisturbed buffers that the Agency,s RHO 91-47, Chapter 6, as amended are designed in conformance 7. FIN by 91-75. " ORDE UB•SUB 92-0003/pDR 92-0001/MIS The actual 92-0006 PAGE 11 r } a a r r' width of the buffer can be less than 25 feet only if the following a conditions are met: { i a) Any lot adjacent to a buffer that is less than 25 feet in width shall not drain into the buffer. All roof drains and ti surface water runoff from these lots shall be directed to the street or conveyed to the storm drain system, OR shall be conveyed to a buffer that has a minimum width of 25 feet; b) Any reduced or eliminated buffer must be compensated for elsewhere, to the effect that the total average width of the buffer shall be no less than 25 feet. 8. PGE, Northwest Natural Gas, and the Metropolitan Area Communications Commission (cable television) have reviewed the proposal and have offered - no comments or objections. 9. NPO #7 chairperson appeared at the public hearing and summarized the NPO's comments. NPO #7 has voted 3-1 to recommend approval. 10. Associate Planner Jerry Offer reported at the meeting that a letter had been received that day from the Oregon Division of State Lands noting that they had reviewed-the wetlands delineation report and concurred with its findings. No DSL permits are required. 11. The Commission received a substantial amount of oral and written testimony at the June 8, 1992 hearing on this item. Names and addresses of persons testifying and summaries of their comments are included in the minutes of the Commission's meeting. C V. EVALUATION OF LOT LINE ADJUSTMENT REQUEST The proposed reconfiguration of tax lots 2300 and 2400 will be consistent with the lot line adjustment approval standards of Code Section 18.162.060 as long as the existing::-outbiuildih southwest" of Mrs. Hart's house is removed prior to recording and if the applicant's engineer can demonstrate that both parcels will continue to have guaranteed access to a public street. Both parcels have substantially more area than the 7,500 square foot minimum lot size of the R-4.5 zoning district and both parcels will be consistent with other applicable dimensional standards. The outbuilding straddles the proposed lot line between the parcels and therefore a setback violation would occur if the building is not removed prior to recording. All other buildings would be consistent with the setback standards. Although Mrs. Hart currently receives access to her home from an easement across tax lot 2500 to SW North Dakota Street, the application materials do not indicate whether an easement already exists across the current configuration of tax lot 2300 to the proposed future configuration of tax lot 2400. Therefore, the applicant's engineer will need to provide the City with this information prior to recording the lot line adjustment. Of course, this will be unnecessary if the subdivision is recorded at the same time as the lot line adjustment since the proposed public streets will provide the required access to Mrs. Hart's parcel as well as the subdivision lots. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 12 C VI. EVALUATION OF SUBDIVISION/PLANNED DEVELOPMENT REQUEST A. Com liance with Communit Develo went Code. 1. The proposed subdivision/planned development complies with the use standards of the R-4.5 zoning district because t s are intended the to be used for single family detached dwelling units Because lay zone, the lots parcel is zoned with the Planned Development over need not individually be consistent with the in prel of zeplat nd setback requirements of the underlying zone. utilizes the lot size averaging allowance of the Planned Development smaller section of the Code result foot mi~nimumlothsize. However,tthe the R-4.5 zone's 7,500 square proposed lot sizes and other preliminary plat attempts to keep the 's lot dimensions relatively consistent with the underlying zone's standards and with the dimensions of lots in neighboring developments. 2. The proposed development scheme is consistent with the approval standards for a planned development (Code Section 18.80.120.A.1 and 2) as demonstrated by the findings_ presented for the various Code Chapters that the staff has found applicable to the request. The Commission finds that the requirements of the following Code Chapters are not directly applicable to the current review although future improvements on the subject site will need to conform s iith the requirements of these Chapters: Chapter 18.144, Structures; Chapter 18.96, Additional Yard Area Requirements; Chapter 18.98, Building Height Limitations: Exceptions; Chapter 18.100, Landscaping and Screening; Chapter 18.102, Visual Clearance Areas; Chapter 18.106, Parking; and Chapter 18.114, Signs. Staff is charged with reviewing the conformance of future improvements with these standards through the building permit and sign permit review processes as well as through continuing code enforcement actions. With regard to the additional Planned Development approval criteria, and (v) the Commission 'finds only Section 18.80.120.A.3.a( residential applicable to the review of this single-family".•. streets, subdivision proposal. These Sections state that buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest extent possible" and " Trees with a six inch caliper . shall be saved where possible." Although the subdivision's streets and residences will necessitate the removal of Ta number r mature trees and understory on the south side of the pod relatively considerate of the site's natural attributes through the reservation of an undisturbed buffer area adjacent to lots 2-8 ranging in width between 25 and 50 feet and also will provide for area retention of the majority of the existing mature trees on bthe uilding to be subdivided through the lots being configured so that requested envelopes would avoid major trees. The original proposal that the required undisturbed buffer area adjacent to lots 2-5 be omitted with this area to be included with d the s tlot an of to he north compensating increase in buffer area be can::, Randy Sebastian of lots 6-8. At the hearing, the app proposed development RenaissanceDevelopment, and a neighbor of the FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 13 i site, Doug Smithey, revealed that they had agreed that the plat 50 foot undisturbed buffer should be revised to provide a 25 to d the wetlands to the north. Mr. between all proposed lots an Ed Sullivan, submitted conditions of approval to Smithey's attorney, the decision to formalize the agreement. Those be included in cluded specifications on the variable width of the a i n conditions undisturbed buffer, restrictions on activities within the buffer, hts n pla and th requirement for the developer to install a fence the t a requiremen for between the lots and the buffer area, t informational signs regarding the benefits to developer to pos removal restrictions. The applicant agreed wetlands, and tree onditions into his development plan for the site. incorporate these c furthe ds that these additional conditions fi r the n The Commission and i lanned development approval f the the p purposes o conditions as conditions of approval for incorporate these development plan. In addition, the Commission believes that the development plan would f the site if the be more considerate of the natural attributes o roposed lots 2-8 can be further removed on it p es actual building s to the north. The Commission has decided from the wetland areas ard setback for lots 2-8 should be reduced nt f y ro that the minimum 10 feet (except for garage setbacks which should remain the tback should t o standard 20 foot setback). This special reduced se the the lots in order to increase encourage moving houses forward on or f the wetland area, may provide buildings' setbacks from etention between the buildings and the wetlands, additional tree r ld limit the amount of private open lawn area in the front of ace s p and wou these lots in exchange for an increase in private open In addition, a tlands . including mature trees adjacent to the -we ard setback should also be allowed for ont f y r minimum 10 foot proposed lot 1 due to its shallow front to back depth and because it the 2 Howeve , 5 - ame stretch of street as lots d . a h is along the s se Commission will not impose an increased rear yard as osal since a special ro hi p s p been proposed in the staff's report on t uire that trees be unnecessarily re ll q y setback like that could actua -to --meet the setback standard despite the order in be removed rovide the special setback to-reduce tree to i p on original intent related flexibility tt k s s o with regard homes future locate best d staff ev eloper an d existing trees. The currently proposed preliminary plat is substantially different than the preliminary plat reviewed by the commission in March, 1991 in that the current proposal does not propose to dedicate to the city the approximately 4.3 acres of pond, wetland, and upland areas to the north of the subdivision for public park and open space purposes. This area is not floodplain, a currently designated significant wetlands identified by the Comprehensive Plan's Floodplains and Wetlands map, or an area identified for park expansion by the Plan's Parks and Greenways map. As such, there is no authorization for the City to require dedication of this area. As was pointed out in the Commission's final order for the March, 1991 proposal, the earlier offer to dedicate this area was being made in exchange for a request to transfer density from the area to FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 PAGE 14 <iART LAKE SUB. be dedicated to the southern portion of that proposed project. The current application involves a substantially smaller area than the prior proposal and therefore has very limited opportunity for the transfer of development opportunities. The applicant has chosen not to use density transfer opportunities that might have been provided through including the wetland and heavily wooded area in the plat as reserved open space. In addition, and most importantly, Mrs. Hart has chosen not to sell that portion of her property for development purposes. Since there is no clear authority in the Plan or Code for the Commission to require dedication of this area and because this area that several commentors would have like to see transferred to public ownership is not part of the area being subdivided but is only involved in the lot line adjustment, the Commission will not require dedication as a condition of development approval. 3. The applicant had Scientific Resources, Inc., conduct a detailed wetland delineation for the site as is required by Code Section 18.84.028.B. The wetland boundaries as identified by SRI are shown on the preliminary plat. The wetland area on the subject site is identified as a wetland and drainageway on the Comprehensive Plan's Floodplain and Wetlands Map but is not identified as a significant wetland by this map or the Comprehensive Plan test. Because this area is not currently identified as a significant wetland and the drainageway characteristics are not being modified, the current proposal is not subject to the Sensitive Lands regulations of Code Chapter 18.84, except that Code Section 18.84.028.A requires that areas that are within 25 feet of a wetland are considered by the City as a wetland and therefore are subject to the Sensitive Lands regulations for r wetlands. This effectively requires a 25 foot setback for development activities from the edge of the actual wetland for lots 2-8 as is also required by the USA rules and as has agreed to in the developer's agreement with Mr. Smithey. This standard is therefore satisfied. This area ''isalso identified as a wetland area by the Scientific Resources 1989 wetlands study conducted for the City of Tigard. This identification does not make a judgement regarding the significance of this wetland area. This wetland identification by SRI does not supersede the earlier decision recorded by the Comprehensive Plan's Floodplain and Wetlands Map. Several comarren .ors made reference to a i-ane 2, 1992 letter frarr the Oregon Department of Land Conservation and Development relative to the City's responsibilities under the state's periodic review program to consider the information in the 1989 SRI study with regard to whether additional wetland areas in the city, including wetlands adjacent to the pond on the Hart property, should be designated as significant wetlands. The Commission was advised by staff and the city attorney that the DLCD letter had no bearing on the current application but that the issues raised by the DLCD letter would need to be reviewed and responded to separately. The erosion control requirements that apply to development within the Tualatin River basin will require that an erosion control plan be filed and followed during development of the site. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 15 3. Proposed lots 1, 7, 9-12, and 33 are excluded from the solar access calculation as the 20 percent of total lots that need not be considered as part of the solar access design standard (Code Chapter 18.88). Nineteen of the other proposed lots (lots 2-6, 8, 13-17, 21-26, 33 and 34) meet the basic solar access requirement's front lot line orientation standard of being within 30 degrees of true north-south and a minimum north-south lot dimension of 90 feet. Code Section 18.88.040.E allows the approval authority to reduce the number of lots that must meet the basic solar access standard if requiring changes in the design to achieve this standard would cause an adverse impact upon the allowed density or an adverse effect on amenities or a significant additional expense. This Section specifically states that one of the constraints upon the subdivision's design that may be relied upon is a showing that existing road patterns must be continued through the site or must be terminated on the site in a way that prevents the development from fully complying with the solar access standards. The existing stubbing of SW 109th Avenue into the site and the absence of any possible east-west road connections adjacent to the property other than the connection with SW Black Diamond Way dictate that the subdivision of this parcel include a substantial amount of north- south road frontage and a resulting need for lots to be oriented in an east-west direction. This constraint should adequately qualify the proposed subdivision for a partial adjustment to the solar access design standard as allowed by Code section 18.88.040.E. Any revisions to the plat will need to be approved by staff as generally conforming with these findings relative to solar accessibility. 4. The proposed subdivision complies with the density standards of Chapter 18.92 because the approximately 6 acre net developable area of the site (after deductions for proposed public and private streets) yields an opportunity for slightly more than 34 dwelling units under the R-4.5 zoning designation. The application proposes the creation of 34 lots in the subdivision. No density transfer from the buffer area is requested, nor is a density transfer possible from this buffer area since it is not proposed to be dedicated. The applicant's statement includes a detailed density calculation. 5. The proposed 32 foot wide access tract, 24 foot wide private street, and sidewalk on one side is consistent with the requirements for common driveways (commonly referred to as private streets) of Code Chapter 18.108 (Access). Code Section 18.108.070.A limits private streets to serving no more than six dwelling units. The proposed private street would serve proposed lots 5-10 and therefore is consistent with this standard. It is pointed out that the Code required minimum width for a private street access tract is 30 feet; the proposed width therefore exceeds this slightly. The Commission encourages the applicant and the applicant's engineer to look at reducing this width to 30 feet in order to obtain slightly more buildable area in the area of lots 5- 10 so as to result in enlargement of lots 6 and 7. In addition, the private drive could be moved slightly westward towards lots 9 and 10 so as to increase the buildable area on lots 5-7. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 16 The proposed hammerhead turnaround on this private street is consistent with the requirements of Code Section 18.108.070.C for turning areas for fire fighting apparatus, as well as general Y• traffic. As recommended by the Fire District, this turn around area as well as one side of the proposed common driveway should be required to be posted for no parking. In addition, a temporary turnaround will need to be provided at the western end of SW Geneva street in order to comply with Code Section 18.108.070.C since at least temporarily this street will be a dead end street in excess of 150 feet. This turnaround area may be provided by a temporary easement and turnaround area upon the proposed lots or upon the. adjacent parcel to the west if the developer of the subdivision can obtain an easement from that property owner for the turn around area. 6. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during the course of construction be minimized and requires that tree removal permits be obtained prior to the removal of any trees. This Chapter applies to all of the property involved in the Lot Line Adjustment and Subdivision applications. It is noted that the applicant's proposed location for the storm sewer outfall between lots 2 and 3 would apparently require the removal of a number of sizable trees. However, the USA Surface Water Management regulations (as referred to in the comments from USA) prohibit the discharge of surface waters directly-to a wetland without first being routed through a water quality treatment facility. This regulation will require that this outf all be relocated. This should result in these trees being spared, although relocation may require the removal of other trees. In addition, the reduced front yard setbacks for lots 1-8 should result in additional opportunities for retention of significant trees. Clearly the proposed development's streets, utilities, and residences"'Will' require the removal of a significant number of mature trees. The preliminary plat indicates trees within the proposed right-of-ways that will need to be removed and it is apparent that a number of other trees within the centers of the proposed lots will also need to be removed to allow for site grading and home construction. The Commission finds that the proposed development plan is quite reasonable in its attempt to retain existing trees given this property's zoning, location within an area that is mostly developed with single family detached residences, and with current housing market conditions that are not favorable to other types of construction such as condominiums or attached single- family development that could have resulted in less of a need for tree removal on this site. Still, the number of trees removed can be minimized through careful study of the site to be accomplished through phased tree removal. Initial tree removal on the site will be limited to the proposed public right-of-way areas and areas necessary for the installation of public utility facilities. Potential 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 FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 17 residences on the lots. The developer will be required to provide the services of a certified arborist for this analysis. Care should be taken to retain as many mature trees as possible through careful planning and execution of the final grading plan, curving driveways around trees, and care during the site development process. Minimizing tree removal should be a benefit to the proposed development in both increased property values as well as atmosphere. 5. The proposed subdivision complies with Chapter 18.160 because: a. The proposed subdivision complies with the Comprehensive Plan Map designation density opportunity for the site and with the applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations; b. The proposed name of the subdivision, Hart's Landing subdivision, is not duplicative of any other subdivision in Washington County; C. The proposed roads will provide for adequate and safe access through the site. In 1991, the Planning Commission required that SW 109th Avenue and Black Diamond Way be connected as a condition of approval of the prior subdivision application that was filed for this property. This will also be required with this proposal. Such a connection would not only provide better access for all types of emergency vehicles, but a connection would promote a feeling of neighborhood between the existing development to the east and the proposed development; would provide improved access for school buses and other important public and private service providers; and would provide improved 'access for the residents of this area. Because the connection would place the intersection of SW 109th Avenue and SW North Dakota Street closer to some of the existing residences in Black Bull subdivision than to the SW 106th and North Dakota intersection, the connection would likely reduce the traffic through the existing subdivision - "rather than increase traf€ic as some of the prior comments from this neighborhood have predicted. In addition, Black Diamond Way has been stubbed at the edge of the Hart property for several years and a sign has been posted announcing that the road would be extended with future development. Requiring a connection at this time will be consistent with earlier development plans for this general area. 6. The proposed subdivision is consistent with the requirements of Chapter 18.164 because: a. The proposed roadway preliminary designs are consistent with City of Tigard local street standards for gradient, improvements, and layout. The applicant will provide a needed and planned for connection between the current dead end of SW Black Diamond Way and the proposed extension of SW 109th Avenue as described above. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 18 b. The proposed lots are consistent with Code Section 18.164.060 standards for maximum lot depth-to-width ratio and other lot dimensional standards. All lots are consistent with Section 18.164.060.13 which require a minimum of 25 feet of public or private street frontage for lots created through the subdivision process. C. The subdivision proposal includes adequate provisions for public water and sanitary sewerage service as well as other typical utility services in accordance with Code Sections 18.164.090 and 18.164.120. Proposed utility facilities within the subdivision would be appropriately sized and located to facilitate extensions to serve adjacent properties. Utility providers will be provided with an opportunity to review final public improvement plans. d. The applicant should be required to redesign the proposed storm drainage system within the parameters set by the USA Surface Water Management Regulations and the comments of USA and the Engineering Department. The redesigned system should be subject to the approval of the C'it'y' Engineer in consultation with USA staff. The redesigned system will need to eliminate the discharge of both the public and private storm drainage to the wetlands adjacent to lots 2-8 unless first directed through an undisturbed buffer, include development of a water quality facility for the proposed development. It may be necessary that a lot be eliminated from the currently proposed development or additional land be acquired from an adjacent parcel in order to facilitate construction of the required water quality facility. B. Compliance With Comprehensive Plan Policies 1. The proposed subdivision is consistent with Policy 2.1.1 because riotice of 'the--applicatiori'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. A number of written comments regarding the proposal have been received by the Planning Commission prior to the hearing. The Planning Commission heard and considered a substantial amount of oral testimony at the June 8, 1992 hearing. Those comments are summarized in the minutes of the Commission's meeting. 2. The proposal is consistent with Policy 3.4.2 because the staff proposed reduced front yard setbacks, the 25 foot undisturbed buffer area adjoining lots 2-5, and the 50 foot wide buffer area abutting lots 6-8 area will result in the preservation of riparian wildlife habitat containing a number of mature trees and other important vegetation. In addition, the proposed development plan is being reviewed through the planned development review process as is required since this a designated treed area and special concern is FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 19 being given to reducing the numbers Ofto gni provide cat treesc o be removed. The developer will be required measures during the course ofbwetlandnaand home construction in order to reduce impacts upon the 3. The subdivision proposal is consistent with policy 3.5.4 because the proposal includes a bicycle/pedestrian path on lot 8 connecting the proposed development to the existing pathway system in Englewood Park. This area of Tigard is well served by pedestrian/bicycle pathways. This proposed connection will provide the proposed development with access to not only the pathway system for transportation purposes but will also provide access to public playground equipment in the park. It will be necessary for the wide pub final subdivision plat to include a minimum pr vfootstreet dlic pedestrian/bicyclist easement on the proposed lot 8. Public improvements to be constructed for the subdivision will need to include an eight foot wide g pathway within offered that the easement. area of The applicant's engineer, Bill the pedestrian/bicycle pathway will be fenced from adjoining lots to the west. 4. In order to comply with Policy 4.2.1, conditions of approval are warranted requiring the developer to submit an erosion control plan he Tualatin ensuring compliance with erosion control standards f of tthe grading River Basin and to obtain a NPDES permit as part permit application. 5. This subdivision proposal complies with Policy 7.1.2, .%.3.1, 7.4.4 and 7.6.1 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. The Fire and have not District and Water District have proposed development'speffects upon the raised concerns with the public water supply's capacity or water pressure. 6. The subdivision proposal complies with Policy .8.1.1 and 8.1.3 because the proposed-improvements to the public streets adjoining this site will be consistent with City of Tigard standards and should provide a safe and efficient network of local streets in the proposed development. C. Com liance With^USA Surface Water Mana ement Re lations 1. The applicant had requested an exception to the 25 foot undisturbed buffer area adjacent to "sensitive areas" requirement of the Unified Sewerage Agency Surface Water Management regulations (R&O 91-47, as amended by R&O 91-75). The exception would have allowed portions of the 25 feet adjacent to wetlands on the site to be o separate incltractuded lots 2-6 instead of being placed proposed that "compensating buffer usually required. The applicant area" between lots 6-8 and other portions of the wetland area be set from asi . The lot the area wofrom uld bev50 pmenettrather thansthea25 foot requirements in this At the public hearig on this matter, the approval of an exception to the1 the buffer area standard request for r app FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 PAGE 20 - ~ HART LAKE SUB. adjacent to lots 2-5 and to reconfigure the plat to provide for a 25 foot buffer area adjacent to these lots as well as the originally proposed 50 foot buffer area to the north of lots 6-8. The buffer area on the east side of lot 6 would vary between 25 and 50 feet in width. With the modifications required by the Commission's conditions of Subdivision/Planned Development approval, the proposed development is consistent with the USA Surface Water Management Regulations relative to buffering sensitive water areas. 2. Approval of the proposed subdivision proposal is conditioned upon the applicant providing a water quality facility largely as recommended by the Unified Sewerage Agency and the City's Engineering Department in order to satisfy the requirements of Chapter 7 of the USA Stormwater Management Regulations. The Engineering Department had recommended that the water quality facility to be constructed as part of this development should be sized to accommodate treatment of drainage from upstream properties. Development Review Engineer Chris Davies stated at the hearing that subsequent to the construction of the water quality facility, the developer could request that the City Council establish a zone of benefit for the purpose of having upstream benefitted properties compensate this developer for the cost of over-sizing this water quality facility. Without certainty that a zone of benefit can be established or that the developer of this facility will be fully compensated for over-sizing the water quality facility, the Commission is unwilling to require the developer-of the proposed subdivision to over-size the facility. The developer, however, will be-required to provide a facility that is adequately sized to serve anticipated drainage from this development. It will be the responsibility of the applicant to design a stormwater disposal and treatment facility for the review and approval of the City Engineer and USA within the limits of this condition. Areas that cannot be served by the required facility may not direct drainage to"the wetlands"'to the north without at least discharging the drainage to flow through an undisturbed buffer area. It should also be understood that the applicant may need to lose a lot to create the water quality facility. The applicant should have the latitude to redesign a portion of the proposed plat in order to meet these requirements without needing to resubmit a new preliminary plat. VI. CONCLUSION AND DECISION The Planning Commission 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 that development that occurs after this decision complies with. applicable local state and federal laws. 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 Commission approves Lot Line Adjustment application MIS 92-003 and Subdivision/Planned Development Review FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 21 proposal SUB 92-0003/PDR 92/0011 for the proposed Hart Lake subdivision subject to the conditions which follow. THE LOT LINE ADJUSTMENT PROPOSAL IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: 1. A lot line adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be submitted to the Engineering Department for review and approval. The applicant shall submit evidence that existing or new easements or direct access to a public road exists for both parcels. These requirements must be completed prior to the lot line adjustment survey map being recorded with Washington County by the applicant. The lot line adjustment may be recorded without the applicant following through on the proposed subdivision, as long as these conditions are satisfied. STAFF CONTACT: Chris Davies, Engineering Department. THE SUBDIVISION/PLANNED DEVELOPMENT REVIEW APPLICATION IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS WHICH, UNLESS OTHERWISE PROVIDED, APPLY TO THE AREA REQUESTED FOR PRELIMINARY PLAT APPROVAL. 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 SUBDIVISION PLAT WITH WASHINGTON COUNTY. STAFF CONTACT FOR ALL CONDITIONS OF APPROVAL IS DEVELOPMENT REVIEW ENGINEER CHRIS DAVIES, UNLESS LISTED OTHERWISE. 2. a. All lots shall be fully dimensioned on the final plat. The final plat shall comply with Chapter 92 of the Oregon Revised Statutes, Tigard Community Development Code Chapter 18.160; and Washington County standards, except to the extent otherwise provided by the County. The final plat shall be limited to the creation of thirty- four lots and shall be similar to the preliminary plat dated April 21, 1992, except as required to be modified by the following: - The public storm drainage water quality buffer easement to the north of lots 6, 7, and 8 shall be 50 feet in width and shall run southerly and parallel to the southern edge of the delineated wetland. The buffer area on the east side of proposed lot 6 shall vary in width from 25 to 50 feet as illustrated on the preliminary plat. The buffer easement may be provided on the adjacent parcel or may be a separate unbuildable tract that is part of the subdivision. - A public storm drainage water q*aality buffer easement shall be provided along lots 2, 3, 40 and 5 and shall be at least 25 feet wide, and shall run southerly and parallel to the southern edge of the delineated wetland. This buffer area shall be an unbuildable tract to be owned by the Homeowners Association or an entity charged with managing this area for protection of its resource values. SW Black Diamond Way and the private street may be shifted southward in response to the required increased buffer area to the north. Lot areas and dimensions may be modified throughout the proposed development in response to the increased buffer area adjacent to lots 2-5. FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 22 a b. The applicant shall submit plans, obtain city approval, and either construct the necessary improvements or provide an adequate financial assurance for the completion of the following public improvements: I. All public and private streets within the subdivision as specified in the following conditions; ii. storm drainage system. These improvements shall be designed and constructed in accordance with the requirements of the City of Tigard. The improvements shall be completed and accepted by the City within the time frame specified in the public assurance contract. 3. The public storm drainage water quality buffer easement shall be dedicated or granted to the public, or maintained by a home owner's association. The easement area shall remain in its natural state and shall be subject to the following additional requirements imposed on all lands subject to approvals in these proceedings: a. There shall be no trespassing, tree cutting, disposal of grass clippings or other yard debris nor landscaping in the easement. b. No spraying or other application of chemicals, nor dumping of chemicals or toxic materials shall be permitted. C. No littering or dumping shall be permitted. d. No activity shall be permitted within the easement which has the effect of harming or harassing wildlife. 4. The applicant shall provide a 5-foot high chain link fence along the public storm drainage water quality buffer easement as the south side of that easement borders the buildable portions of lots 2 through 8. The applicant shall plant native thorny plants on the north side of the fence to disdouragb'climbing or scaling the fence. - Those plants and the fence, shall thereafter be maintained by the Homeowner's Association. 5. The applicant shall provide and post informational signs, in consultation with the Wetlands Conservancy, along the fenced buffer area regarding the significance and benefits of wetlands. The Homeowner's Association shall cause these signs to be maintained and kept in good repair. 6. No trees shall be removed from the public storm drainage water quality buffer easement or the delineated wetland without approval of a tree removal permit under the standards and procedures provided in Tigard Municipal Code (TMC) Chapters 18.150 and 18.80, including TMC 18.80.120()(a)(v) and other relevant provisions of the Tigard Municipal Code. Any tree removal or grading can 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: right-of-way and utility FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 C HART LAKE SUB. PAGE 23 C licant shall provide construction preparation and lot preparation. grading The and app t Shall pr tree protection. The plans for g ive measures for for an arborist to review Division may prescribe protect structures or arborist or the Planning eas not covered by ssible after as p° roved trees to be retained on the site. re-vegetated as soon a d impervious surfaces shall co epyof °the tree removal permit an app completion of grading. A all tree removal and plan shall be available on-site Odurin ffer, planning Division, grading STAFF CONTACT: Jerry grading activities. 8 shall Minimum building setbacks on all parcels except for lots 1 through 7. be as follows: 2O feet front yard _ corner yard -15 feet garage - 20 feet side yard -5 feet rear yard - 15 feet B, Minimum building setbacks for lots 1 through 8 shall be as follows: front yard - 10 feet corner yard -10 feet garage - 20 feet side yard -5 feet rear yard - 15 feet fired for removal of existing buildings- . will be requ letely removed. An inspection g, A demolition pumped out and comp copy of the receipt from the Any septic tank k shall be connected to the shall be obtained after trovided removed if the building is cted by the pumping company shall be p rly capped off and inspe public sewer. the line shall be pro Building Division. City. STAFF CONTACT: Brad Roast, sewer system. A the sanitary 10. The existing house shall be connected to the connection of the existing sewer permit shall be obtained Prior grad Roast. house to the sanitary sewer' STAFF CONTACT. 23, 27-32 if drains shall be provided for lots 22ed to the public 11. Private storm a-from these parcels cannot'be convey Easements storm stormwater drainage system age sygstem in the strother adjacent to these lots. . shall be provided where crossing 12. A joint access and maintenance agreement shall be recorded with each lot accessing a private storm drain as follow: ation to Lots 27-32 shall have. an equal right to use and an oblig operate and maintain the private drainage facilities Bwit n the Roast. private or public drainage easements- STAFF CONTACT: ,mprovements for the internal streets including traffic 13. Full width street control devices, mailbox clusters, concrete sidewalks , storm driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, drainage, installed within the streetlights, and underground utilities shall be subdivision. Improvements shall be designed and constructed to local street standards. 14. A turn around shall be provided at the terminus of SW GGenevaa temporary blic access easement(s) shall be pov Street. Temporary public PAGE 24 rINP.L ORDER - SUB 92-0003/PDR 92-0001/HIS 92-000 HART LAKE SUB. turnaround area. 15. The applicant shall provide a water quality facility meeting the requirements of Unified S ewerage Agency Resolution and Order No. 91-47 that is designed to accommodate this development. 16. The applicant shall provide for storm drainage for lots 2 through 5 through one of the following: A. Install individual facilities on each lot that meet the requirements of Resolutio n and Order No. 91-47; or B. Design each lot so that it drains to the public storm sewer system; or C. Pay a fee in-lieu of construction. The final determination as to the acceptability of any alternative as outlined above shall be ith w the City of Tigard Engineering Department. 17. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitt d e for preliminary review to the Engineering Department. Seven (7) sets of a pproved drawings and one (1) itemized construction cost estimate, all prepared b a P f y ro essional Engineer, shall be submitted for final review and approval (NOTE: these plans addition t are in o any drawings required by the Building Division and should only include sheets relevant t o public improvements. 18. An erosion control plan shall be provided as part of the public improvement drawings. The lan h ll p s a conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 19. A grading plan shall be submitted showing the existing and proposed contours and typical finish d e floor elevations on each lot, including elevations at 4 different c orners of the floor plan tied to the top of curb elevations as shown on the public im provement plans. 20. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineerin D g epartment after approval of the public improvement plans but before startin w k g or on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting rio t p r o receiving the approved plans and permits. 21. For all common driveways a joint use easement shall be clearly defined and shown on the plat. In addition th , e plat shall also be accompanied with a maintenance agreement which shall be stat d e on the plat. 22. Construction of the proposed public improvements and issuance of Building Permits shall not comme nce until after the Engineering Department has reviewed and approved the public im provements plans, a street opening permit or construction compliance agreements has be f o en executed, execution a developer-engineer agreement and payment of ll a permit fees. 23. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance a ssurance or letter of commitment. As an alternative the applicant may have th e plat recorded after the FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 25 public improvements have been accepted by the City of Tigard and has posted the appropriate maintenance bond. 24. A maintenance and access agreement shall be executed and recorded on City standard forms for all storm drain outfalls. The agreement shall be referenced on and become part of all applicable parcel deeds. The agreement shall be approved by the Engineering Department prior to recording. 25. Wetland boundaries shall be clearly marked in the field. The field delineation shall be maintained throughout the subdivision development process and during construction activities on proposed lots 1-6. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. It is further ordered that the applicant and parties to these proceedingsbe notified of the entry of this order. PASSED: This /Z day of June, 1992, by the Planning Commission o the City of Tigard. _j JO:sub92-03.pc FINAL ORDER - SUB 92-0003/PDR 92-0001/MIS 92-0006 HART LAKE SUB. PAGE 26 + V v.-~ C'^J O O o p v an V N V Q . r CQ V V-C a.C> D . r ►+a a...... O C N C' a' . cn a~aov Y H v] r a 0 z G II Q 0 v 0 wtu w 1 " • ~a c a o ~,i s a a o a 4 s ~ "F" yYP s 'G l _ _ ~A. ~ 1 _ _ _ ______'__.'l' 'irY fY 4 K ; 3a ~c a,sxa'~35 - S q tj, 5,q6'.~ T' 38 ~'o 3 , , ~ a TRACT A'° - } _ i~ ~ ~ ~ S d 'sa - a r;aew ~ f.,R~ A• .i~ I ,AP r J"~ :~:ls ~ 40 ~ t :~=r f y , 1l~;F~j ~ ~ i 42 6¢ 4 • qu' , ax 43 E: ' ® .yam'" 'e~ ~ ~ rF' W f , _ A6 ~ 94 N ,S ?9 t s's- a6 a 1 26 :1Mft ,~FC~ 'ts4i ~ ~ . _ 4~' ~ ?7 p ~ A9rG "`ror b ~ 4_._ ' ~ ~ q ~'49~• 61 2b ~ ~ E TRAM 8~ i - " t 25 ~ _.m-_~ _ - -.--e r.r ~ ~ _ _ r! ~ [ x ~i ~ ' N ~ t, 'r' R'o Z, V~+ '~~t~ d r Im,.tutr f W~ ii ~ ~ S1 ~ ~r 7 r n°'>I e t` ,3,3see. 2J " ~ ~ r e` rl ~1 x.100 ~ S ~ O,IN~Z. ~ ;ir ~.t~ _ /,r~~ er, w• ! e~ X54 ~ • OteAi"~IS, ;e14 :$13 ! 12 it S10 ~},.u~: } 6 " ~ 9~ ~ a"°Pe~ ~ Itee» me 7,1k01 ~ ~,zc ;tcs} , J~ : Q,0 J • J e I 1Acot , glsof yap ' 56 1 i 3 ~'r' _ 60 ;Y ;g e ~ 6 tt ~ ~ \ 'yo t,'feo}' 7,~ro} '/A1at :eeea 4cood ~ ~'d ,`o U.l4oi 11,11oi t -T?'-1,-'~' - a• - I -~--z-- X04'_ ~ ~ S.W. GAARUE ST. - • ---R ~ - T N ► V •,P O O O O C C 0 O C - O O O O O 0 0 ul A A I'1 q n O p , O ~ J. a O O O O O e e JO a2 - r~ _ _ ~ - 'r'dr""'3 r~C,'tk? ~Q3 -b ~Ak,c~z::: ~F.~ 5wr~ ;e~~ ~,uv :J~~ a .emu#~~~£~~ t~E . ,..ass, ..fl s`,d5 qunr L'(~TAL be 1Abf#`~'s6r1ai6 f~.,.vt~r4abvl:r:4 4kF.,G,tf~ g:pfii`.~ ~ IEI&R4` Mkk1~ Rtes, Q8 rigs fib ditt e lCt3!YCA4"•`rsa~SiY> O.IYt+3bi,K,d 1J ~kNil'4gA1 .4t. 1 .•I •.,~a .1 0 50 100 200 i I ~ NORTk SCALE 1 = 100-0 ~R J t'f° T.~ LIAi 101 A.'tU A YONTRl~V ftR' :fit / t11k 1,()i' lR03 et ecpY~ Ru s ra _,.~._m._.._ , awe . p.. _ a,. 1 r'I C~ 4 W 4 ~i Z 0 a a ! i 1 'VC .i• u.. •wv I EXHIBIT A 1 $.NI NO. _ 3870 e.oi.e, No. YiCi~HTY IiAP COUNCIL AGENDA ITEM 5 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 28 1992 _ DATE SUBMITTED: July 15 1992 ISSUE/AGENDA TITLE: Review-VisOPPoil PREVIOUS ACTION : Planning Com. Subdivision A roval-Sub 92-00Hearing - June 22 1992 92-0003 SLR 92-0002 VAR 92-00PREPARED BY: Bewersdorff/Offer DEPT HEAD OK CITY ADMIN-REQUESTED-BY_-Ed-Murphy------------ ~N ISSUE BEFORE THE COUNCIL Should the City Council uphold the Planning Commission's decision to require the developer to extend Gaarde Street only partially through the subject property because of unusual circumstances peculiar to the property? STAFF RECOMMENDATION Affirm the Planning Commission's decision. INFORMATION SUMMARY On June 23, 1992, the City Council voted to call up for review the Planning commission's approval of the Matrix/Quaestor subdivision, Vista Point. This is a 64 lot subdivision west of the intersection of 121st Avenue and Gaarde Street. The Planning Commission's final order is attached for reference. Of specific concern was the Commission's decision not to require improvement of the extension of Gaarde Street beyond lots 53 and 64 or pay a fee in lieu of construction. The Planning Commission required that the portion of Gaarde beyond lots 53 and 64 be dedicated and graded concurrent with the construction of phase II of the subdivision. The Commission found the relationship between the needs created by the proposal and the benefits to its residents did not justify the imposition of the improvement of this portion of Gaarde Street (see page 12 and 13 of P.C. Final Order). The staff had recommended construction or payment of a fee in lieu of construction. Staff's recommendation followed previous application of code requirements calling for the developer to build all public facilities within the boundaries of their property regardless of relationship to the need generated by the development. Staff referenced Code Section 18.164.030.A.1.b. which states that "any new street or additional street width planned as part of an approved street plan shall be dedicated and improved in accordance with this Code." The Commission found that this street section has been planned for by the Comprehensive Plan Transportation Map Note 2. However, the Commission did not find that this Code Section was an open-ended directive to require both dedication and improvements even if there is not a reasonable relationship between the needs created by a proposed development and the exaction requested. The Commission did not find a reasonable relationship between the proposal and the need to improve this section of Gaarde Street. Another consideration was Code section 18.164.030.F.1. which states that "Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed " This particular development is, perhaps, different because of the extent of the required improvements compared to the size of the development, the steep slopes involved and the developer's decision not to try to build on these slopes, the shape of the property and the city's policy of limiting direct access on collectors. In addition, the Commission found that access to property to the north was not dependent on the development of the subject property. PROPOSED ALTERNATIVES 1. Affirm the Planning Commission's decision. 2. Amend the Planning Commission's decision and require the full street improvement through the subject property or payment of a fee in lieu of construction for the Gaarde Street extension. FISCAL NOTES Construction of the extension of Gaarde as a major collector was estimated at $250,000 by the developer. (This is the portion of Gaarde Street that would not be built by the developer. It would be assumed that the public or the adjacent properties would eventually have to pay for the construction.) RECEIVED PLANNING L RIVES 13OLEY STOE _ _ T-N/ )ONES `J u1`G T JUL. T 7 lonj war. :YTTORNEYS AT LAW SUITE ?300 STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE PORTLAND, OREGON 97204-1268 Telephone ( 3380 T'lecopier (503) 220-2380 Cable Lampert Telex 703455 Writer's Direct Dial Number (503) 294-9523 July 15, 1992 Mayor Gerald R. Edwards City Council City of Tigard 13125 SW Hall Blvd. PO Box 23397 Tigard, OR 97223 Dear Mayor Edwards and Fellow Councillors: On behalf of Matrix Development Corporation ort of ("Matrix"), these written comments are offered 1992uto approve of June 22, the Planning Commission's decisiond development. As part of Matrix to develop an the above-referenced 64-lot planne this decision, the commission has required extension of SW Gaarde Street to major collector standards plat to the northern boundary of Lot 52, which coincides with the this new roadway. Although SW Gaarde street platted lots along remains undeveloped north of the applicant's property, the commission further required the applicant to dedicate the necessary right-of-way and complete preliminary grading from Lot 52 to the northern boundary of the site in an effort to facilitate extension of the roadway concurrent with future development of the adjoining property. The applicant concurs conditions and is otherwise supportive of conditions imposed by the commission. all with these remaining mandato As evident from its final order, the commission's the decision was bayed upon a number of considerations. First, need for extensions of new streets by Section 18.164.030(F) proposed development tract is q of the code, which provides: 41 pDXJ-13389.1 18817 0001 lY A51IINGTON ROISE. D15TRICT OF COLD..WIA BELI.EVUE. \'ASIIINGON IDA110 ST.ATTLE, 1Y ASHINGT PORTLAND. N'A5I IINGTON OREGON ll'ASIIINGIUN 5-1UEL KI V ES BVLEY ION ES & V KEY Mayor Jerry Edwards City Council July 15, 1992 Page 2 "F. Future Extensions of Streets and Reserve Strips: "1. If it were necessary to give access or permit satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and * * Since the record demonstrates that the 40-acre tract to the north enjoys adequate street access along two boundaries and is not dependent upon the extension of SW Gaarde Street for access or redevelopment, the Commission properly found that this criterion is not met. This fact, coupled with the fact that none of the platted lots would front or receive access to or from the uncompleted portion of SW Gaarde Street, led the Commission to find that there is no reasonable relationship between the proposed development and any public need to improve this portion of SW Gaarde Street. To the contrary, the record demonstrates that all transportation impacts created by this proposed development can be accommodated through the substantial portion of SW Gaarde Street to be constructed by the applicant and existing surface streets within the area. Second, the Commission found that Section 18.164.030(A)(1)(b) of the Code, which states that any new street planned as a part of an "approved street plan" shall be improved in accordance with the Code, does not provide a basis for a mandatory construction requirement absent such a reasonable relationship between the need created by the development and the specific improvements to be required. Further, we believe that, it light of the specific section noted above addressing street extensions, this provision can only be reasonably interpreted to require that any new street constructed under the terms of this ordinance be in compliance with all construction standards. To hold otherwise would ignore the more specific criterion quoted above and would otherwise be contrary to the ruling in Dolan v City of Tigard, 113 Or App 162 (1992) that there must be some reasonable relationship to support the required improvement. Since the construction of SW Gaarde Street north of Lot 52 is designed to serve the developable property to the north and would be of no benefit to the Vista Point project, the Commission was correct in finding that this criterion cannot be construed to support this additional roadway construction. PDX1-13389.1 10817 0001 STOEL RIVES QOLEY r c. ^n C JONES) ~ At" Mayor Jerry Edwards City Council July 15, 1992 Page 3 Finally, it is important to recognize tohee uniquethe circumstances associated with the Vista Point Pr the Council. portion of SW Gaarde street of which were presented to the de: These circumstances, all include: Commission during its consideration of this matter, Re ired Facilit Im rovements. dedication the and Commission elect to require only of this limited portion of SW Gaarde Street, grading ced to dedicate and construct the applicant is requi the street to full major collective standards through the remainder of the proposed project and to improve SW 21st Avenue on the eastern perimeter of the site. In addition, the applicant will be requugh ired to construct full sewer improvements ther the vacant oximately tract to the north at the cost of atract and $200,000 to serve this undeveloped on developed properties in the immediate vicinity now septic tanks as well as the Vista Pint projct. Taken together, these required improvements s e e to ning beyond the demands of the Vista Point project oi to a provide substantial additional whole property owners Environmental Considerations. The Vista Point project will be located in an area of extreme topography and natural resource valves.the site is Consequently, a substantial portion undevelopable and is not available to offset the estimated $25•offsSW constructing tFurthermore, additional segment construction n of of this portion of the roadway at this nointo a time would constitute a suubstandial intrusion wooded ravine containing service to this project and no assurance that the licant's road will be continued north Cof the ommission determined property. Consequently, the only the that it would be more appropriate to require at this dedication and grading of the right-of-way went time and defer actual construction until development of the adjoining tract to the north. Construction Options. While the Vista Point project . does not create a need for construction of the PDX1-13389.1 18817 0001 STOEL RIVES 6OLEY JONES & GREY Mayor Jerry Edwards City Council July 15, 1992 Page 4 contested portion of SW Gaarde Street, development of the 40-acre tract to the north will generate such a need and provide a means before constructing the roadway through conditions attached to any such development approval. Since the right-of-way will be dedicated and graded as a condition of the Vista Point plat, this future exaction will be limited to actual construction of the roadway and will be available as a credit to the traffic impact fees associated with the project. Further, there can be little doubt that development of this scale will create a need for access to SW Gaarde Street, thereby providing the type and degree of relationship between the project and infrastructure requirements which is not present under the Vista Point scenario. • Construction Cost Impact. Given the substantial portion of the Vista Point tract which is undevelopable due to terrain and the extraordinary roadway and sewer improvements required as a condition of approval , it has become apparent that the project cannot accommodate the additional cost of constructing the remaining segment of SW Gaarde Street under current acquisitiGn terms. Consequently, it appears likely that the project would not go forward under this additional improvement burden, thereby leaving the portion of SW Gaarde Street lying south of Lot 53 to be constructed at public expense or as part of other development projects in the immediate vicinity. Based upon such considerations unique to this project and the specific code criterion relating to road extensions noted above, we believe that the Commission's decision is appropriate and does not constitute a precedent which would serve to preclude the City from requiring the construction of full road improvements throughout a tract during future development reviews. To the extent that the Council agrees with the commission's ruling, we would be happy to assist the staff in preparing additional findings to establish these unique circumstances as a basis for the decision and to ensure that the City remains free to review future road exaction on a case- by-case basis. k PDX1-13389.1 18817 0001 S l OEL RAVES 30LEY )ONES & GREY c Mayor Jerry Edwards City Council July 15, 1992 Page 5 We appreciate the opportunity to present these comments, and we look forward to presenting oral testimony at the hearing on this issue scheduled for July 28, 1992. For your reference, I enclose a copy of a recent letter to Mr. Ramis addressing this same issue. Very truly yours, Steven L. Pfeiffer SLP:a-m Enclosur cc: Mr. Mr. Mr. Mr. 11 e Timothy V. Ramis Jerry Offer Randy Wooley Bruce Dunlap PDX1-13389.1 18817 0001 STOEL RIVES BOLEY JONES Cs GREY ,I r0RNF1ti %r 1. WW ,;LITE 2300 STANDARD INSURANCE CENTER 400 Sly' FIFTH AVENUE PORTLAND. OREGON 1)7204.1268 i:Irldnnre x5031 2_'4-.3380 T•lrroprer ;L)3)220-2480 Cable Laws rt R-Ie.r 03455 R'n fr •'s Orrxt Dial Number (503) 294-9523 July 10, 1992 VIA FACSIMILE Mr. Timothy V. Ramis O'Donnell, Ramis, Crew & Corrigan 1717 NW Hoyt Street Portland, OR 97209-2242 Re: City of Tigard - Vista Point Dear Tim: Pursuant to our recent telephone conversation, the ` purpose of this letter is to provide you with a brief written " summary of the issues pertaining to the Council's decision to call up the above-referenced Planning Commission decision, together with related code language. As you know, the Planning Commission rejected the recommendation of the City Engineer to require dedication and full improvement of SW Gaarde Street through the entire proposed development. Specifically, the commission's order requires the applicant to construct the street extension to major collector standards as far west as Lot 52 and the applicant agrees with this improvement requirement. Although the Planning commission and the applicant agree that the remainder of the right-of-away to the north edge of Tax Lot 14 should be dedicated and graded by the applicant as a condition of this approval, the City Engineer's request goes beyond this requirement to demand full improvement of this portion of the right-of-away notwithstanding the absence of any right-of-way, approved or otherwise, on the property to the north. The findings adopted by the Planning Commission provide express justification for its decision to not require full improvements of the right-of-way north of Lot 52. Among other findings, the Commission found that all lots within the subdivision can be served through the provision of SW Gaarde up to Lot 52 and additional collector improvements on the east side of SW 121 Avenue. In other words, there is no evidence or PDX1-12888.1 PORTLAND. SEATTLE. BELLEVUE. VANCOUVER. BOISE. %'ASHI NG TON. OREGON LV A5111NGTON ',WASHINGTON WASHINGTON IDAHO DISTRICT OF COLUMBIA '-TOEL RIVES BOLEY JONES & GREY Mr. Timothy V. Ramis July 10, 1992 Page 2 testimony to suggest that the extraordinary improvement requested by the City Engineer is necessary to serve the Vista Point development or otherwise mitigate any infrastructure demands created by this project. The initial staff recommendation for full road improvements to the north boundary relied exclusively upon Section 18.164.030(F), which provides as follows: "F. Future Extensions of Streets and Reserve Strips: 1. Where necessary to give access or permit satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and * * Contrary to the staff report, however, it is obvious that this language requires the street extension only under the two specified circumstances, and the Planning Commission agreed with our position that neither of these circumstances are present in this instance. The record contains evidence, which is relied upon by the Commission and its findings, that the forty-acre tract to the north enjoys adequate street access along two boundaries and is not dependent upon the extension of Gaarde for access or re-development. Further, the staff offered no testimony that these circumstances exist or, to my recollection, any other testimony or evidence to suggest why this standard provides a basis for the required extension and improvement in the face of this interpretation. At the close of the hearing, the staff was asked to respond to this issue and Randy offered two bases for his recommendation. First, he indicated that it has long been "Council policy" to require the dedication and full improvement of all new streets through the entire development site. As we have discussed, however, it is our position that city policy on this issue is set forth in Section 18.164.030(F) and indicates that such exactions are mandatory only in these circumstances. Second, Randy indicated that Section 18.164.030(A)(1)(b) requires full street dedication and improvement in all instances. This section provides as follows: PDXI-12888.1 STOEL RIVES COLEY 10N ES & vREY ti Mr. Timothy V. Ramis July 10, 1992 Page 3 111. No development shall occur unless the development has frontage or approved access to a public street: "b. Any new street or additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this code; and This standard was not cited in the staff report or relied upon as a basis for the exaction until the closing of the public hearing. As you can see from the Commission's order, the Commission noted that this type of standard, even if properly interpreted by Randy, is subject to a demonstration of a reasonable relationship between the "needs created by the proposed development and the exaction requested." It was apparent from the oral discussion among the commission members z that they agreed with our position that this development should not be construed to create a need for the improvement north of Lot 52. From my perspective, I believe that Randy has misconstrued this standard to require that any street depicted on the Transportation Map shall be improved in its entirety regardless of the absence of any nexus between the proposed development and the burdens it imposes on the transportation system. To the contrary, I believe that the only reasonable interpretation of this standard is to confirm that any new street or additional street, as may be required under the terms of this ordinance, shall be constructed in compliance with all prescriptive development standards. Under this interpretation, one would first look to more specific criteria such as Subsection F to determine whether a street shall be extended to the boundary lines of the tract to be developed ***11 and, if so, to the former standard to assure construction in accordance with the Code. Even under the Dolan ruling, Randy's assumption of automatic exaction authority in all circumstances is unsupportable, particularly in the face of a more specific criterion which identifies two specific circumstances under which the full improvement must be provided. During the hearing I called the Commission's attention to Section 18.32.250(E) regarding the circumstances precedent to the imposition of conditions of approval. As you know, this section authorizes conditions which are found to be necessary to (1) carry out the comprehensive plan, (2) carry PDX1-12888.1 5,TOEL RIVES QOLEY )ONES & V REY Mr. Timothy V. Ramis July 10, 1992 Page 4 out the applicable implementing ordinances and (3) ensure that adequate public services are provided to the development or as otherwise required under the ordinance. Since the record does not support the finding that full road improvment is necessary to comply with Section 18.164.030(F) and I do not believe that Subsection 030(A)(1)(b) can be read to authorize or require an automatic exaction, it appears that these limitations on conditions of approval provide a separate basis for the Commission's ruling. The basis for Randy's concern and any potential concern by an individual Council member remains unclear to us. If, on the one hand, Randy is concerned that allowing this development to proceed without constructing the entire roadway would mean that the city would be left to construct this limited portion of road with public funds, this concern would appear to be unrealistic in light of the expected development of the parcel to the north. At the time of such development approval, this burden could be imposed in an effort to assure adequate access and circulation to and through this large (40 acre) parcel. Moreover, it is apparent to me that any decision to reverse the Commission's ruling will likely have the opposite effect of requiring public funding for the construction of the entire section of collector from SW 121 Avenue through the Vista Point site since our clients have indicated that, under current acquisition circumstances, this project will not move forward if the additional $250,000 expenditure for road construction is required. If, on the other hand, Randy or the Council are concerned that the Commission's ruling, while perhaps appropriate in this instance, creates some form of unfavorable precedent, the more appropriate approach would be to eliminate any such precedence through the adoption of specific findings addressing the unique circumstances surrounding this particular plat. The circumstances include extreme typography, significant natural resource values, the absence of lot frontage within the affected area and the ability to serve the entire development through the new collector south of Lot 152. The commission's order contains a number of these specific findings, and it would be an easy task for the Council to modify the order and provide a more detailed analysis in its own written determination. C I hope this information is of assistance to you in your upcoming meetings with city representatives. If you have PDX1-12888.1 STOEL RIVES BOLEY JONES & VREY WL; Mr. Timothy V. Ramis July 10, 1992 Page 5 any questions regarding any aspect of our position or the specific circumstances surrounding the Planning Commission's decision, please feel free to give me a call. Very truly yours, Steven L. Pfeiffer SLP:a-m cc: Mr. Bruce Dunlap Mr. Larry York Mr. David Bantz PDX1-12888.1 C Aff ON CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 92-04 PC AND SUBDIV SIO /PLANNED A FINAL ORDER INCLUDING To AN APPLICAT ONUFOR A 64C LOTINCLUDES LOPMEOPMENT T FOR A 33.8 ACRE SITE. THE REQUESTS ARE MADE BY MATRIX DEVELOPMENT. DEVELOPMENT WITH REGARD The Tigard Planning Commission has reviewed the above-described applications at a public hearing on June 22, 1992. The Commission has based its decision on the facts, findings, and conclusions noted below. 1. SUMMARY OF THE REQUEST CASE: VISTA POINT SUBDIVISION Subdivision SUB 92-0005 Planned Development Review PDR 92-0003 Sensitive Lands Review SLR 92-0002 Variance VAR 92-0010 SUMMARY: The applicant requests Subdivision preliminary plat/Planned Development conceptual plan approval to divide a 33.81 acre parcel into 64 lots ranging in size between approximately 7,000 and 21,950 square feet. Two private open space tracts totalling 6.78 acres would also be created. Sensitive Lands Review approval is requested to allow home construction, road development, and utility construction on slopes in excess of 25 percent and to allow utility construction within a drainageway. A Variance has been requested t200 foot long stretch Section a 18.164.030.M.1 to allow an approximately proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. APPLICANT/OWNER: Matrix Development 7160 SW Hazelfern Road Tigard, OR 97224 ADDITIONAL OWNER: Quaestor, Inc. 1990 SW Bundy Avenue, Suite 725 Los Angeles, California 90025 REPRESENTATIVE: OT ISW . (David Bantz) 55 Road Lake Oswego, OR 97035 PLAN DESIGNATION: Low Density Residential ZONING: R-4.5(PD) (Residential, 4.5 units/acre, Planned Development Overlay) LOCATION: West of the intersection of SW 121st Avenue andi SW Gaare Street. (WCTM 2S1 3CC Tax Lot 401 and eastern po t of WCT14 2S1 4 Tax lot 1400). PnGd^. 1 FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT APPLICABLE LAW: Community Development Code Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.150, 18.160, 18.162, 18.164 and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. DECISION: Approval of the Subdivision/Planned Development requests as well as the Variance and Sensitive Lands Review requests associated with the Subdivision preliminary plat. Approval is subject to several conditions of approval listed at the end of this order. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax lot 401 is 7.7 acres and has approximately 330 feet of frontage along SW Gaarde Street. The property extends approximately 805 feet to the west. Tax lot 1400 is immediately west of tax lot 401. Tax Lot 1400 includes 40 acres in a square shape. The proposed subdivision would include approximately the eastern two-thirds of tax lot 1400, as well as all of tax lot 401. B. Site location: The site extends westward from the intersection of SW 121st Avenue and SW Gaarde Street. The northeastern-most portion of the proposed subdivision is approximately 450 feet east of Benchview Estates Subdivision and the present terminus of SW 132nd Avenue. C. Existing uses and structures: e. The site is presently vacant. Tree cover consisting of a mixture of evergreen and deciduous species is found onrthe western half of the site. Meadow and orchard land occupies most of the eastern half of the site. The applicant's exhibit 3 (last page of the applicant's statement booklet) includes a tree inventory for areas that would be directly affected by the development proposal. D. Topography and drainage: The property slopes generally from the south to the north. The steepest slopes occur in the south to north ravine in the center of Tax Lot 1400. Grades in these areas are approximately 40 percent. Grades on the remainder of the site are in the 2 percent to 25 percent range. (See applicant's site analysis map at exhibit B). E. Surrounding land uses: The areas to the east and northeast of the site are generally single family homes on lots larger than the minimum lot sizes of their zones, although limited redevelopment potential exists in these areas at this time due to the lack of sanitary sewers in this area. The western half of tax lot 1400 is a rather steep property that is heavily wooded. The Planning Commission has previously approved a separate subdivision application (SUB 91-0009) for a 52 lot subdivision on the western half of tax lot 401 (Mountain Highlands subdivision). No development activity is occurring on this property. The Benchview Estate= cubdivicion, phases I FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 2 and II (to be developed) are further west. Large parcels that are generally undeveloped lie to the north. F. Plan designation and zoning: All surrounding properties are designated for Low Density Residential development by the Comprehensive Plan map. Properties to the north and northeast are within Washington County, but are within the City of Tigard's area of interest for planning purposes. Existing zoning of surrounding properties is illustrated on the vicinity map attached to this report. G. Proposed use: The applicant proposes to subdivide the site into 64 single family residential lots ranging in size from 7,000 square feet to 21,950 square feet as shown on Exhibit A. Two development phases are proposed: 35 lots in phase I and 29 lots in phase II. In general, the smaller parcels are located along the eastern edge of phase II (lots 24-34). The applicant proposes leaving the steep ravine areas on tax lot 4100 as private open space area (Tracts A and B). The only disturbances proposed in these areas are for sanitary and storm sewer construction. H. Public service and utilities: The preliminary utility plan (applicant's exhibit D) proposes that the subdivision be served by development of a water main network from the existing water main at the intersection of SW 121st Avenue and SW Gaarde Street and another main on the southern edge of the site. r` Public storm sewers are proposed within the streets throughout the proposed subdivision with four separate outlets, including one outlet to the existing ditch on the south side of Gaarde Street east of the proposed subdivision. No treatment.of storm drainage is proposed. Sanitary sewers are proposed to be extended through the site from 1) an existing sewer in Gaarde Street (this extension is proposed to serve proposed lots 1-15 and 58-60) and 2) from a planned but as yet to be constructed sewer to extend from the northern edge of the site to an existing sewer in SW Walnut Street (this sewer is proposed to serve the remainder of the proposed lots). Exhibit D illustrates possible future extensions of this sewer within proposed Tract C to serve other nearby properties. 1. Access and nearby streets: The proposed development would be provided with access from an extension of SW Gaarde Street from its intersection with SW 121st Avenue. Jurisdiction for SW Gaarde Street lies with both the City of Tigard and Washington County. SW Gaarde is functionally classified as a major collector street. Current pavement on Gaarde is approximately 24 feet in width from this point eastward to SW Pacific Highway. No sidewalks are provided along SW Gaarde and streetlights are few. There are no current plans for widening or improvements to SW Gaarde Street in the near future other than the current project for realignment of Gaarde with SW Pacific Highway and improvements in the area of that intersection. 4-5 FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 3 SW 121st Avenue abuts the subject property for a alon the pproximately 330 feet g property's eastern side. SW 121st Avenue in this area is under the jurisdiction of Washington County. SW 121st Avenue is also a major collector street with approximately 24 feet of pavement, open ditches, few streetlights, and no sidewalks. There are no current plans for widening or improvements to this section of SW 121st Avenue. In general, the proposed subdivision would consist of a local street paralleling the collector street extension of SW Gaarde, with two streets stubbed to the property to the north and east. In addition, four lots would be located off of an eyebrow street widening on the west side of the Gaarde extension. The proposal also includes stubbing the Gaarde Street extension at the western end of phase I, although right-of-way would be dedicated for the further extension of this street. Right-of-way would be rough graded for street construction in areas abutting lots 46-52. Preliminary street sections on exhibit D indicate that local streets within the subdivision would be fully developed with 34 feet of pavement. The proposed SW Gaarde extension would include 40 feet of pavement. The applicant's statement indicates that the streets within the proposed development will be developed consistent with the standards of Community Development Code Chapter 18.164, except that a variance has been requested to Community Development Code Section 18.164.030.M.1 to allow an approximately 200 foot long stretch of a proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. The portion of street for which the variance is requested is the proposed north-south local 'street abutting lots 16, 17, and 20-21. The applicant's statement at Section VI addresses the subdivision variance criteria of Code Section 18.160.120. J. Previous applications affecting this parcel Two separate subdivision applications were submitted in the fall of 1990 for development of both parcels involved in the current application, as well as an adjacent parcel to the west (SUB 90-0011/PDR 90-0007 and SUB 90-0012/PDR 90-0008). Both applications were withdrawn prior to hearings on the requests. 'In September 1991, the Planning Commission approved the subdivision plan for the 52 lot Mountain Highlands subdivision on the western portion of tax lot 1400. That decision also approved the partitioning of tax lot 1400 into two parcels: the area involved in the Mountain Highlands subdivision and the area involved in the current subdivision application. Neither the partition or subdivision plats have yet been recorded. III. APPLICABLE APPROVAL STANDARDS The approval criteria for a Planned Development are found at Code Section 18.80.120. The approval standards for a preliminary subdivision plat are listed at Code Section 18.160.060.A. The hearings authority may grant variances to Community Development Code standards if the variance approval criteria of Code Section 18.160.120.8 are satisfied. In addition, the proposal must also be found to be consistent with the development standards of the following Code Chapters: Chapter 18.50 (R-4.5 zone); Chapter 18.88 (Solar Access Requirements); Chapter 18.92 (Density Computations); Chapter 18.150 (Tree Protection); and Chapter 18.164 (Street and Utility Improvement Standards). Standards of other community Development Code chapters may apply to subsequent development of the subject site T FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 4 but are not applicable to the current review. Comprehensive Plan policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3 also O apply to the review of this development proposal. The approval criteria for Sensitive Lands Review approval relative to development or landform modifications on slopes of 25 percent or greater are listed at code Section 18.84.040.B. IV. NPO & AGENCY COMMENTS 1. Both SW 121st Avenue and SW Gaarde Street adjacent to the site are under the jurisdiction of Washington County. The County's Department of Land Use and Transportation has reviewed the request and recommends that approval of this subdivision proposal be conditioned upon the following: A. The proposed collector road shall be constructed pursuant to Section C.4.a., b., c., d., and e. of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard. B. Prior to Final Approval/Issuance of a Building Permit: 1. The applicant shall submit an Access Report per Washington County Resolution and Order 86-95. The County will review this study and condition any necessary improvements prior to final approval. Contact Doug Norval, County Traffic analyst for specific questions regarding the Access Report. -2. The applicant shall dedicate additional right-of-way to provide 33 feet from centerline of SW 121st Avenue frontage, including adequate corner radius. 3. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district o'r other mechanism to improve the base facility of SW 121st Avenue between SW Walnut Street and SW Gaarde Street. 4. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district 'or other mechanism to improve the base facility of SW Gaarde Street between SW 121st Avenue and SW Pacific Highway. 5. A one-foot non-access reserve strip shall be established along SW 121st Avenue frontage, except at the approved access point (extension of SW Gaarde into the site). The documents needed to complete conditions B.1 through B.5 above- shall be prepared by the Washington County Survey Division and recorded in the Washington County Records Department. 6. The applicant shall assure that the access to SW 121st Avenue will be adequately illuminated through the formation of a street lighting service district, or other measures as approved by the County Engineering Division. FINAL ORDER SUB 92-05/PAR 92-03/VAR 92-10 VISTA POINT PAGE 5 L 7. Submit plans, obtain County Engineering Division approval, and obtain a facility permit for construction of the following public improvements: a. Concrete sidewalk to County standard along SW 121st Avenue frontage. b. Adequate roadway drainage along SW 121st Avenue frontage. C. Any traffic improvements required as a result of the applicant's required Access Report and UPAA agreement. d. Construction of the 121st/Gaarde/Gaarde westward extension intersection to County standards. These improvements shall be constructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. C. Prior to Occupancy: 1. The 121st/Gaarde/Gaarde westward extension intersection shall be adequately illuminated as required by Condition B.6. 2. The road improvements required by Conditions B.7.a., b., c., and d. shall be completed and accepted by the County. 2. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: A. Comprehensive Plan Compliance: The Comprehensive Plan Transportation Map designates the area of the proposed subdivision as a study area. Map note #2 indicates that two options for the extension of Gaarde Street must be considered in this study area. The recommendations of the Northeast Bull Mountain Transportation Study Report are one option to be considered. This option would extend SW Gaarde north and west from SW 121st Avenue to connect to SW Walnut Street as a major collector. The proposed subdivision would satisfy this option if the extension is required to be constructed to major collector street standards. The other option to be considered, as specified by the study area notes, is a minor collector extension of SW Gaarde Street west from SW 121st to connect with SW 132nd Avenue, as was previously recommended by NPO #3. The NPO has reviewed the proposed subdivision and concluded that the proposal does adequately provide for the NPO's option. B. Streets: Access to the site is provided from the southwest corner of the intersection of SW 121st and SW Gaarde. Both of these existing streets are currently under the jurisdiction of Washington County. The Engineering Department has reviewed the County's recommendations for these streets (above). We agree with the County's recommendations except for the following: FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 6 a. Section 18.164.030A.1.a. of the Community Development Code specifically requires that "streets within a development and streets adjacent shall be improved in accordance with this " title". Therefore the applicant should be required to install t half-street improvements along the frontage of SW 121st Avenue J instead of deferring these improvements until a local improvement district is formed. s' s b. The county has requested that the applicant be required to sign a non-remonstrance agreement for future participation in an LID for SW Gaarde Street, east of the site. With reference to Section 18.164 of the Community Development Code, there is ; no specific requirement that the applicant be required to participate in the improvements for S.W. Gaarde east of the subdivision, be it now or in the future, with respect to this development. The Code specifically limits improvements to roads that front the development and it has been City policy to not extend this requirement to adjacent roads. Therefore, the applicant should not be required to execute a non- remonstrance agreement for future improvements to SW Gaarde as requested by i:aahi: y ^v.. Count - I . , Thy,, applicant is proposing to extend SW Gaarde Street as a minor collector street to the west and north. In order to meet the requirements of the Comprehensive Plan's Transportation Hap, the Gaarde extension would be required to be built as a major collector street. This proposal would then meet both options as required by the Transportation Map. In addition, the proposed road would be eligible for credits through the county-wide Traffic Impact Fee program. The applicant has indicated that they would install full street improvements for the extension of Gaarde only up to the Phase I boundary. From the end of the full improvements, grading only would be provided to the northwest corner of lot 45, and no further improvements would be provided to extend the road to ;the north property line. Code Section 18.164.030.F.1. requires that streets be extended to the boundary lines of the development. We feel that if and when Phase II is developed, the road extension should be completed by the developer to the north property line. This would be consistent with current City policy. As an alternative, the applicant could be required to dedicate the right-of-way, do the grading, and pay a fee-in-lieu-of construction for the remaining work. The applicant is proposing several internal streets to serve the interior of the subdivision. The streets that are to be extended are located so that they would serve the properties to the northeast for future development. The internal streets meet city standards except as follows: a. The applicant should be required to install a temporary turn- around for the local street which would serve lots 16 through 22. The standard requires that roads which terminate and are in excess of 150 feet in length provide a turn-around for fire apparatus until such time as they are extended. b. . The applicant has requested a variance to the maximum grade of 12 percent. The applicant has shown on the preliminary plan a need to propose a local road with a 14 percent grade for a FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 7 ,distance of approximately 200 feet. We do not feel this has any detrimental effects to the standards and would recommend AITP* approval of the requested variance. VL. C. The applicant should also be required to demonstrate that the road grades can be logically extended and meet city standards. C. Sanitary sewer: The applicant is proposing to install and extend two existing sanitary sewer systems to serve this development. The first system is located in SW Gaarde, approximately 200 feet east of the proposed development. The existing 8 inch public line within SW Gaarde has the capacity to handle this proposed development. The second system is located approximately 200 feet south of SW Walnut, in SW Lansdowne. The applicant is proposing to extend the line to the south to serve this development. There are several issues that need to be addressed relative to sanitary sewers: a. Both systems would need to be installed to serve Phase I of the development; while this is not a problem, we wish to bring attention to it; b. There are some lots along the west boundary of the development which show that they would be connected to a proposed future sanitary sewer line. The proposed line would need to be installed as part of the development; C. The line that is to be extended south from the vicinity of SW Walnut would go through a area that is not within the city limits. The applicant has indicated that it is their intent not to annex the properties where the extension would go to the City of Tigard. Therefore, the line would ruin the responsibility of the Unified Sewerage Agency. In addition, the City would require that prior to any Berson connecting to the line outside the city limits be annexed into the City or sign a non-remonstrance against annexation, and that access be provided to the sanitary sewer line; and d. There are numerous portions of the sanitary sewer main line and manholes that are not within the public right-of-way and will cause maintenance problems. Therefore, it should be required that access to the manholes outside of the right-of- way will be assured. D. Storm Drainage: The applicant has submitted a preliminary plan for the storm drainage system. Based on the information presented, it appears that it would be adequate to serve the development. Again the applicant has shown two different systems to drain the development. The first system would drain the southeast corner of the development and connect to an existing drainage system located approximately 200 feet east. The second system would drain into an existing drainage channel located to the west of the development. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 8 It& The Unified Sewerage Agency has established, and the City has agreed to enforce (Resolution and Order No. 91-47), Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Requiring surface water quality facilities on this site would result in facilities at various locations that would become a maintenance burden to the City. In addition, regional facilities, funded by fees in-lieu of construction of these facilities, would provide the required treatment for this site and future development. The regional facility would also provide improved reliability and less maintenance. Therefore, the applicant should be required to pay the fee in-lieu of constructing an on-site facility. Federal, state and local regulations all require erosion control permits for this project. The applicant should apply, through the City, for a joint permit. Application should be made at the time that construction drawings are submitted. 3. The City of Tigard Building Division has commented that private storm drain lines and easements should be provided for lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other properties. A joint use and maintenance agreement should be recorded for each lot utilizing a common private storm drain. In addition, the finished slope of all lots with cuts or fills should have a maximum slope of 2:1, or else an engineer shall certify the stability of any steeper slopes. This would include the slope and fill from excavation for foundations for the structures. 4. The Tualatin Valley Fire and Rescue District has reviewed the preliminary plat and has provided the following comments: a. Hydrant locations should be coordinated with the Tigard Water District. b. The Fire District always encourages the reduction of street grades to the minimum possible grade; however, the proposed street grades are within acceptable limits for the District. 5. Tigard School District 23J reviewed the proposal and has noted that the proposed development lies within the attendance areas of C.F. Tigard Elementary School, Fowler Middle School, and the Tigard Senior High School. The proposed development is projected to generate the following additional enrollment at those schools: 20 students at the Tigard School; 2 students at Fowler Middle School; and 1 student at Tigard High School. The School District notes that school capacities are projected to be exceeded as a result of this proposed development and other recently reviewed and approved developments within those attendance areas. The District notes that core facilities of the schools are insufficient to be able to consider portable additions. Additional school capacity may be provided by other options under consideration by the School District, including: grade level reconfiguration, rescheduled school year, boundary adjystments, double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. 41 FINAL nRDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 9 6. Neighborhood Planning Organization #3 Chairperson Herman Porter provided testimony at the public hearing regarding the NPO's position on the proposal. NPO 3 recommended approval of the proposed subdivision/planned development subject to the following conditions: a. Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. The intersection of SW 121st and Gaarde should be widened and improved. b. At a minimum, a three way stop should be provided at the 121st and Gaarde intersection with consideration of a traffic signal as traffic increases in this area. 7. Washington County Community Planning Organization CPO 4B has provided the following comments: a. The CPO urges the City to require dedication of the proposed private open space tracts to be developed as an area-wide greenspace network; b. Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. Appropriate safety improvements should be provided at the 121st and Gaarde intersection with TIF fees applied for these improvements. B. The Unified Sewerage Agency has provided the following comments: a. An on-site water quality facility should.be required; b. Sensitive areas should be identified. A minimum 25 foot undisturbed buffer should be required from the edge of sensitive areas to rear lot lines; C. An erosion control plan should be required to be submitted and approved prior to any construction on the site. An NPEDES permit should be required for this site since the area to be disturbed would be larger than five acres in size. 9. Northwest Natural Gas has commented that there are both a 10 inch diameter high pressure feeder main and a 2 inch gas line within the approximate alignment of the Gaarde Street extension in the southeastern portion of the site. The developer's representatives should contact Northwest Natural Gas to have the main located prior to any excavation on the site. 10. The Tigard Water District has provided the following comments: a. A 16 inch diameter water main will need to be installed along the SW Gaarde Street extension; b. Utility plans will need to be revised to place water mains on the south and east sides of streets; C. Final approval of the plans for water main location and size, Aff FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 10 including water meters, will need to be approved jointly-by the Fire and Water Districts. 11. The Metropolitan Area Communications Commission (cable television) has reviewed the proposal and offered no comments other than that the site developer should contact Columbia cable prior to the opening of utility trenches. 12. PGE and GTE have reviewed the proposal and have offered no comments or objections. 13. Mrs. Ellen Bechtold, property owner and resident of tax lot 500 of WCTM 2S1 3 CC, provided the following comments to staff: a. The septic tank and drainfield for her house cross the property boundary onto the subject site Sh . e also has stated that the owner of 401 has previously agreed to rovide f p or a sewer line extension to her property boundary as per the sales agreement between the Bechtold's and the original purchasers of tax lot 401; b. There should not be a stop sign for southbound traffic on SW 121st Avenue since traffic stopped for this sign would back up and block existing driveways; C. Mrs. Bechtold would like a solid fence around her property to be installed prior to the st t ON, w ar of construction on the subject site; V. EVALUATION OF REQUEST A. Compliance with Communitv Development Code Subdivision/Planned Development/Sensitive Lands Review 1. The proposed Vista Point subdivision is consistent with the approval criteria for a subdivision (Code Section 18.160.060.A) because: a. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential density opportunity for the site and with applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations, except as noted within the accompanying paragraphs that point out specific deficiencies that will need to be corrected. b. The proposed name of the subdivision, Vista Point, is not duplicative of any recorded plat within Washington County. C. The extension of SW Gaarde Street through the proposed development is laid out so as to conform with the planned collector street connection between SW Gaarde and SW Walnut Street as illustrated on the Comprehensive Plan's Transportation Plan Map. It will be necessary that this road be required to be constructed in accordance with Section III.C.4.a of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard, or in other words, FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 11 it will need to be constructed to collector street standards as far west as lot 52. The city Engineer shall be charged Aff Mi. with determining whether the roadway width may be reduced in width from collector standards. The conditions of approval should also specify that the applicant should be responsible for grading the remainder of the Gaarde right-of-way to the north edge of tax lot 1400. The commission has determined that the applicant should not be required to provide street improvements for SW Gaarde past lot 52 with the development of phase two, or to pay an equivalent fee in lieu of construction of this road section as had been recommended by staff. The Commission finds that the applicant _ has a substantial enough burden in providing collector street improvements to both SW 121st Avenue on the east side of the site and for SW Gaarde up to lot 52. These street sections are both necessary to serve the proposed development; however, these collector street segments would be oversized to major collector standards and would not allow for direct driveway connections and therefore place a substantial burden on the applicant that goes beyond just a direct relationship to the needs created by the development. The applicant loses possible developable area to right-of-way for these street sections and also gets charged with a substantial financial outlay for developing to collector standards rather than local street standards that would typically apply to other subdivisions of this size. The applicant, however, does not object to these requirements on these street sections. The applicant also does not object to dedicating right-of-way and grading beyond lot 53 for a further extension of SW Gaarde to the northern edge of the site. However, the applicant requests to not have to build this roadway section since: 1) it will not provide necessary access to any of the lots to be developed as part of the subdivision; 2) this street section will not connect to any existing public streets to the north or west that might provide better access to the site or access from the site to facilities such as shopping areas or schools that might be a benefit to the subdivision; and 3) this street section is not necessary to provide access to or permit the future division of the property to the north. The Commission agrees that there does not appear to be enough of a relationship between needs created by the proposed development or benefits to its future residents and this section of the collector street to justify the imposition of the substantial burden of improving this street section on the applicant. As noted by the applicant,.. this street section will not provide access to any of the proposed lots in this subdivision and will not connect to any existing streets to the north at this time that might provide access from this proposed development to schools, parks, or shopping facilities or connections to other roads that would reduce travel times for the subdivision's residents. The Commission notes that Code Section 18.164.030.F.1. requires that streets be extended to the boundary lines of the FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 12 tract to be developed to give access or permit a satisfactory future division of adjoining land as pointed out by staff, but the Commission finds that this Section does not apply to this situation since the Moore property immediately to the north (WCPM 2S1 4, tax lots 100, 200, and 300) already are provided with adequate street access from SW 132nd Avenue from the west and a private access road to SW 121st on the east and therefore these parcels are not dependent on extension of this section of SW Gaarde for access or to allow for redevelopment. In addition, right-of-way for SW Gaarde Street would be dedicated as a condition of this approval and therefore would extend to the Moore property to allow for street development if it is found desirable at the time of development of the Moore property. If this street section is found necessary at that time, it might be able to be constructed, or partially constructed, with funds from traffic impact fees. Staff also pointed to Code Section 18.164.030.A.i.b which states that -any new street or additional street width planned as part of an approved street plan shall be dedicated and improved in accordance with this Code.- The Commission finds that this street section in question has been planned for by Comprehensive Plan Transportation Map Note 2. However, the Commission does not find that this Code Section is an open- ended directive to require both dedication and improvements even if there is not a reasonable relationship between the needs created by a proposed development and the exaction requested. Because the Commission does not find the reasonable relationship exists between this proposal and the need to improve this section of SW Gaarde Street, the- 4L Commission finds that Section 18.164.030.A.I does not apply to this case. d. The proposal would provide stubbed local streets adjacent to lots 20 and 21 and adjacent to lots 30 and 31 to provide for future extensions of the local street network in this area. In addition, the right-of-way for SW Gaarde Street would be stubbad to allow for future extension. Exhibit C of the applicant's statement illustrates how these streets could be extended to facilitate future development of this area. e. The subdivision s_s proposed to be developed in two phases of 35 and 29 lots. The proposal to develop the subdivision in two phases is consistent with the approval standards for a phased subdivision/planned development (Sections 18.160.050.0 and 18.80.100.B) because necessary public facilities are proposed to be constructed in conjunction with each of the phases and because no temporary public facilities will be required for either phase. A schedule for total development of the site will be required to be submitted prior to development of, the initial phase. The total time period for developing all phases of a planned development may not exceed seven years without reapplying for conceptual plan approval. 4 FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 13 f. The applicant requests approval of a variance to allow the local street adjacent to lots 16-22 to have a grade of • approximately 14 percent grade for a 200 foot long stretch whereas a maximum local street grade of 12 percent is allowed by Code Section 18.164.030.H.1 Code Section 18.160.090 authorizes the Commission to grant variances to code standards if the requested variance can be found to be consistent with the variance approval criteria of code section 18.160.120. The applicant's statement addresses the criteria point-for-point relative to the requested variance. Service providing agencies and the neighborhood planning organizations have not raised concerns with the requested variance. The length of road that would exceed 12 percent grade is approximately the same as the 200 foot maximum distance for excessive grade allowed by the new Fire District standards. The Commission concurs with the applicant's analysis on the requested variance and hereby adopts the applicants's proposed findings as the Commission's findings in support of the variance request. These findings are hereby made appendix A of this final order. 2. The proposed subdivision is consistent with the use standards of the R-4.5 zoning district because the lots are intended to be used for single family detached dwelling units. The Planned Development overlay zone applied to the parcel provides for flexibility with regard to lot dimensional standards, including lot size. Although not all lots are consistent with the minimum 7,500 square foot minimum lot size of the R-4.5 zone, the average lot size of the proposed lots is well in excess of 7,500 square feet; therefore, the proposal is consistent with the density allowed for the site by the R-4.5 zone. All proposed lots are consistent with the minimum lot width requirement of 50 feet. No special setbacks have been requested. Therefore, standard R-4.5 setbacks should apply to this subdivision 3. The proposed development scheme is consistent with the approval standards for a Planned Development (Chapter 18.80) as demonstrated by the findings presented for the various Plan policies and Code Chapters applicable to the request. The requirements of the following Code chapters are not directly applicable to the current review, although future improvements on the subject site will need to conform with the requirements of these chapters: Chapter 18.96, Additional Yard Area Requirements; Chapter 18.98, Building Height Limitations: Exceptions; Chapter 18.100, Landscaping and Screening; Chapter 18.106, Parking; and Chapter 18.144, Accessory Structures. Staff is charged with reviewing the conformance of future improvements with these standards through the building permit and sign permit review processes as well as through continuing Code enforcement actions. with regard to the additional Planned Development approval criteria, the Commission finds that only Section 18.80:120.A.3.a(i) is directly applicable to the review of this proposal since the other additional criteria relate to commercial • or multi-family developments in planned development areas. This particular section states that streets, buildings, and other site elements shall FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 14 F be designed and located to preserve the existing trees, topography, and natural drainage to the greatest extent possible." The proposal does not provide for crossings of the drainageways on the site except as called for by the City's Transportation Plan Map. The proposal avoids placing development in or adjacent to these drainageways. Instead, the plat would reserve a 6.78 acre portion of the site for private, tree-covered, open space and drainage purposes rather than including this area within lots. Because this area would have very limited recreational potential for the general public and dedication would remove this area from the tax roll, dedication of this area to the City is not considered desirable. Through the subdivision plat recording, this area will be created as common tracts to be owned by the lot owners in the subdivision. 4. The proposal is consistent with the Sensitive Lands requirements of Chapter 18.84, although some site grading within areas in excess of 25 percent slopes will be necessary to facilitate the proposed development. Review of the grading plan shows that grading of areas in excess of 25 percent slope is primarily limited to areas within and abutting proposed public right-of-ways and where necessary to construct sanitary sewer utilities. Opportunities to further limit grading of the site are restricted because of the number of building sites that must be prepared due to the single-family residential nature of the proposed development and the need to provide limited grade public streets. Plans for methods for maintaining slope stability shall be required to be submitted as a part of individual building permit applications for the individual lots. ' The erosion control requirements that now apply to development within the Tualatin River basin require that an erosion control plan be filed and followed during development of a subdivision as well as prior to construction of individual homes. S. Exhibit 5 of the applicant's statement contains a solar access evaluation demonstrating consistency with the solar access requirements of Chapter 18.88. Code Secticn 18.88.040.E allows the hearings authority to reduce the percentage of lots that must meet the solar access design standard if certain conditions relative to the site (such as slope, existing shade, or existing or planned road patterns) make it difficult or impossible to fully ccmply with the o solar access design standards without adversely impacting the development's permitted density and cost or amenities. The applicant requests, and the Commission concurs, that lots 25-33, 38- 43, 47, 50 and 51 should be exempted from the solar access calculation because the collector street alignment through this site required by the Transportation Plan Map, along with collector street access spacing standards, dictates a parallelling local street and a concomitant number of lots with an east-west orientation. In addition, lots 46 and 63 are exempted due to northwestward facing slopes in excess of 20 percent. Of the remaining 43 lots not exempted for the above causes, twenty-two other lots satisfy the basic solar requirement of a front lot line orientation within 30 degrees of a true east-west orientation and a minimum north-south dimension of 90 feet as shown on the applicant's solar access evaluation sheet. Seven other lots (lots 6, 7, 8, 17, 20-22) are proposed to have solar building lines recorded. Lots 23, 24, 35, 52-55, and 63 are exempted under the basic 20 percent exemption. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 15 Therefore, eighty percent of the lots not exempted for cause would meet the solar access design standard. The proposed subdivision is therefore consistent with the requirements of Chapter 18.88. 6. The proposed subdivision complies with the density standards of Chapter 18.92 because the 18.31 acre net developable area of the site (after deductions for streets and excluding original slopes of 25 percent and greater) yields an opportunity for 106 dwelling units under the R-4.5 zoning designation. Sixty-four single family residential lots are proposed. The applicant's submittal includes a density calculation. 7. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during construction be minimized. The proposed development's public streets, utilities, and.residences and related grading will necessitate the removal of a number of apple trees on the eastern portion of the site as well as several fir trees adjacent to lots 39, 45, 46, 47, 62, and 63. In addition, trees will need to be removed within Tract B for installation of sanitary and storm sewer facilities. However, the majority of the site area proposed to be developed is open field and will not require any tree removal. The preliminary plat is reasonably designed with respect to minimizing tree removal. However, special care should be given in the development of final grading and public utility plans to further limit tree removal, especially in Tract B. No tree removal should be allowed until review and approval of a tree removal permit. The commission should require the developer of the site to provide for an arborist's analysis of the tree removal plans with the arborist being requested to recommend to staff protective measures to be employed during site construction to protect trees to be retained. 8. The proposed subdivision's streets and other public improvements, with modifications recommended by staff, comply with the requirements of chapter 18.164 because: a. The applicant will be required to dedicate additional right- of-way for SW 121st Avenue and SW Gaarde street to major collector street standards adjacent to or through the site. As noted above, the applicant will be required to improve SW 121st Avenue and the the portion of SW Gaarde Street to major collector standards with development of phase one, but the Commission will not require the applicant to construct improvements to SW Gaarde beyond lots 53 and 64 for the reasons described in la above. Construction of these major collector streets by the developer will qualify for traffic impact fee credits for the individual lots in the subdivision. b. Internal subdivision streets should be able to be developed consistent with City standards for local streets, except for the short stretch of the street adjacent to lots 16-22 which is -recommended to be allowed to exceed the 12 percent grade standard as described above. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 16 C. The preliminary plat provides for street stubs to the north to provide for a future further extension of SW Gaarde Street and to the east to allow for a possible local street network connection eastward to SW 121st Avenue. When the subdivision is built, reserve strips and barricades should required to be provided for these street stubs. The stubs should be posted with signs indicating that future extension of these streets is anticipated with future development. d. The proposed lots are consistent with Code standards for maximum lot depth-to-width ratio and other lot dimensional standards, except for lots 18 and 19 which do not provide the required minimum 25 feet of frontage required by Section 18,164.060.8 for lots created _through the subdivision process. It is staff's understanding that the minimum lot frontage requirement is at least partially intended to discourage the creation of flag lots such as these two lots. The applicant has not requested a variance to the minimum frontage standard, and even if a variance had been requested, the Commission doubts whether we could approve such a variance. The applicant will need to revise the plat in this area to provide a minimum 25 feet of frontage on a street other than an alley for these lots- This standard could be met by placing a private street in this area, as long as the private street is consistent with the standards of Code Section 18.108.070.A. If an east-west private street is utilized, lots 17 and 20 could be oriented towards the- private street in a manner that should increase the development's compliance with the solar access standards. e. Access to SW Gaarde Street and SW 121st Avenue should be prohibited for all lots which would have frontage along these collector streets. These lots as well as all other lots can receive access from local streets or the proposed knuckle fronting lots 61-64. C. Compliance With Comprehensive Plan Policies Subdivision/Planned Development/Sensitive Lands Review/Variances 1. The Subdivision/Planned Development proposal is consistent with Plan 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 development application on this site was pending. The Commission conducted a hearing on this proposal, on June 22, 1992. Therefore, a substantial opportunity has been provided for the public to comment on this development application as is required by this policy. 2. Policy 3.1.1 is satisfied because the Code allows development of hillsides that are steeper than 25 percent when sufficient detailed information is provided which shows that adverse environmental erosion or slope instability will not result. The applicant has submitted a general description of the site; however, specific techniques for mitigating any potential problems related to steep C FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 17 slopes have not been described. Significant construction ` difficulties are not anticipated for development in these areas provided that appropriate construction and erosion control measures are employed. Since many issues regarding slopes are site specific, it shall be required that methods for maintenance of slope stability and erosion control be submitted for approval in conjunction with the detailed grading and public improvement plans and building permits with particular attention being paid to grades over 25 percent. As recommended by the Building Division, finished grades on lots with cuts or fills shall be limited to a maximum 2 to 1 slope or else an engineer shall be required to certify the stability of the greater slopes. 3. The proposal is consistent with Policy 3.4_2 because the development application is being reviewed through the Planned Development process and because wildlife habitat along drainage corridors will be protected through the establishment of private open space tracts along the drainage corridor on the site. The private open space tracts should serve to limit tree and understory vegetation removal in the drainageway to only what is necessary for utility construction. The undeveloped nature of this area will allow the vegetative understory to return after construction. 4. The proposal is consistent with Policy 3.5.1 because 6.78 acres of long-term open space will be provided for by tracts A and B which will be commonly held and maintained by the residents of the subdivision. Mature trees will be retained in these areas except for trees that must be removed to construct utilities. Because of the steepness of these areas, their usefulness for active recreational opportunities are limited. The Comprehensive Plan's greenways map does not call for these areas to be required to be dedicated for greenway/open space purposes. In order to provide better opportunities for residents of this subdivision to have access to the open space tracts and to also provide better pedestrian circulation for other purposes, a minimum 10 foot wide pedestrian pathway tract, or extension of tract A, will be required between the north-south street in Phase 2 and the extension of SW Gaarde Street. This may require that the pathway be provided in a relatively steep area; therefore, the pathway to be provided by the applicant may need to be either a stairs or else may need to be a soft-surfaced pathway. The applicant should work with the Engineering Department with regard to the location of the pathway, its construction, and pedestrian warning signs on SW Gaarde Street. 5. In order to comply with Policy 4.2.1, a condition is warranted to require the developer to submit an erosion control plan ensuring compliance with erosion control standards for the Tualatin River basin, as part of the grading permit application. 6. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and 7.4.4 because the applicant will be required to extend public sewer and water systems to this site prior to development or else the development of this site will be dependent upon others extending these utilities to the property. Extension of a sanitary sewer to serve this area is presently being contemplated by the Unified FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 18 . , Sewerage Agency. The prospective developer of this subdivision may need to work with USA to assure that the extension will be constructed prior to expiration of approval for the proposed development plan. The Tigard Water District did not raise any significant concerns with regard to the District's ability to provide for the additional water demand created by the proposed subdivision although the Water District has pointed out revisions that will need to be made to the applicant's preliminary plans for extending water service through the site. In addition, development of this site will require provisions for underground installation of phone, electricity, and cable television lines. No significant concerns were raised by the providers of these utilities. 7. The proposed development would provide for a safe and efficient street system as required by Policy 8.1.1 for the reasons stated in sections 1 and 8 of the section above describing the proposed subdivision/planned development's consistency with Community Development Code public road requirements. 8. The subdivision proposal complies with Policy 8.1.3 because required improvements to the public streets and utilities within this proposed subdivision will be consistent with City of Tigard standards, except as specifically recommended for the variance to the local street gradient standard. VI. CONCLUSION AND DECISION AM- The Planning Commission concludes that the proposed subdivision/planned development, with minor modifications, will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding land uses, provided that development that occurs after this decision complies with applicable local state and federal laws. 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 Commission approves Subdivision/Planned Development Review proposal SUB 92-0005/PDR 92-0003 and the associated Sensitive Lands Review SLR 92-0002 and Variance VAR 92-0010 requests for the proposed Vista Point subdivision subject to the conditions which follow. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPP.OVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, STAFF CONTACT IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT. 1. The preliminary plat shall be limited to the creation of 64 lots. All lots shall be fully dimensioned on the plat and shall be consistent with R-4.5 zoning district dimensional requirements. Lots 18 and 19 shall be revised to provide for a minimum 25 feet of road frontage. (A private street consistent with the standards of Code Section 18.108.070.A may be developed in this area to meet this standard. Any 9 FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 19 such private street should be located in a tract separate from individual lots. ownership and maintenance responsibilities for this road should be 41 specified on the plat and/or the covenants, codes, and restrictions for the subdivision.) Tracts A and B shall be platted as a common open space tract for the subdivision to be maintained privately by the homeowners in Vista Point subdivision. The manner by which these tracts are to be maintained by the homeowners association shall be approved by the Planning Division. The plat shall be revised to provide an extension of Tract A to the proposed north-south street in Phase Two in order to provide access to Tract A for all residents of the subdivision. Alternatively, pedestrian access to Tract A may be provided by easements across lots from the street to the tract. Access to the tract shall be provided by a minimum 5 foot wide soft surfaced trail. STAFF CONTACT: Jerry Offer, Planning Division. 2. The subdivision/planned development may be constructed in two phases as proposed. Total development time for the proposed planned development may not exceed seven years. 3. 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: public right-of-way and utility construction and lot preparation. The applicant shall provide for an arborist to review the plans for grading and tree protection. The arborist or the Planning Division may prescribe protective measures for trees to be retained on the site. Areas not covered by structures or impervious surfaces shall be re-vegetated as soon as possible after completion of grading. A copy of the tree removal permit and approved grading plan shall be available on-site during all tree removal activities. STAFF CONTACT: Jerry Offer, Planning Division. 4. A grading plan shall= be submitted showing the existing and proposed contours including elevations at the corners of the lots tied to the top of curb elevations, as shown in the public improvement plans. If trees are to be removed as part of grading activities, the grading permit is not valid without a tree removal permit also being issued. 5. 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." 6. No construction plans for this subdivision shall be approved until the Engineering Department has received evidence that right of way has been dedicated and assurance has been posted to assure construction of improvements to provide public roadway access to the subdivision consistent with City roadway standards. 7. No construction plans for this subdivision shall be approved until the Engineering Department has received evidence that sanitary sewer service will be made available to the property and that construction of necessary off-site sanitary sewer lines is assured. 8. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 20 e 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 include sheets relevant to public improvements. 9. Approval of the requested variance to the 12 percent grade standard is approved to a maximum grade of 14 percent for a distance no greater that 250 feet. 10. The applicant shall be required to pay the fees in lieu of construction of a water quality facility as established under the guidelines of unified Sewerage Agency Resolution and order No. 91-47. NOTE: This is a two part fee. The first portion is paid with the public improvements which is for that portion of the development which increase the impervious area within the public right-of-way. The second portion is paid at building permit issuance which is for each individual lot. 11. The applicant shall provide for a temporary turn around at the terminus of the local street which serves lots 16 through 22. 12. The applicant shall submit a traffic study per Washington County Resolution and order 86-95. The City and County shall review this study and condition any necessary improvements at the SW 1218t and Gaarde intersection prior to final approval of the construction plans. 13. The applicant shall dedicate- additional right-of-way to provide 33 feet from centerline of S.W. 121st Avenue frontage, including adequate corner radius. `y 14. The applicant shall investigate whether the septic tank and/or drainfield for the residences on tax lot 400 of WCTM 2S1 30C to the north are located on the subject site. If the septic system(s) intrudes onto this property, the applicant shall show how development of this property will not violate standards for the placement of septic systems or else shall arrange for the connection of these residences to the sanitary sewerage system. STAFF CONTACT: Brad Roast, Building Division. 15. As part of the public improvement plans, the applicant shall apply for and provide the necessary information to obtain a 'Joint Permit' for erosion control. 16. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 17. The SW Gaarde Street extension shall be built to major collector standards from SW 121st Avenue to proposed Lot 52. 18. Concurrent with construction of phase II, the applicant shall provide for the grading of the SW Gaarde Street extension in Phase II. Dedication of this right-of-way shall be required with recordation of the plat for phase II. 19. Full width street improvements (including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 21 utilities) shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards; except for the SW Gaarde Street extension which shall be built to major collector standards. 20. Profiles of SW 121st Avenue, SW Gaarde Street, the Proposed SW Gaarde extension, and the local internal streets that may be extended shall be required to be submitted. The profiles shall extend 300 feet beyond the subject site showing the existing grade and potential future grades. 21. The applicant shall submit plans, obtain Washington County/City of Tigard Engineering Division approval, and obtain a facility permit from Washington County for construction of the following public improvements: a. 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 site's SW 121st Avenue frontage. b. Any traffic improvements required by the City and county in response to the applicant's required traffic study. C. Construction of the 121st/Gaarde intersection to County standards. 22. The applicant shall assure that the access to SW 121st Avenue will be adequately illuminated. Plans shall be approved by the Washington County Engineering Division. 23. Construction --,of the proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public 411 improvements - plans, a street opening permit or construction compliance agreements has been executed, a developer-engineer agreement has been executed, and all permit fees have been paid. 24. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. 25. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance assurance or letter of commitment. 7:s an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate maintenance bond. 26. One-foot non-access reserve strips shall be established along all SW 121st Avenue and Gaarde Street frontages, except at approved access locations. 27. The finished slope of all lots with cuts or fills should have a maximum slope of 2:1, or else a professional engineer shall certify the stability of any steeper slopes. Prior to the issuance of building permits for construction on all lots with slopes in excess of 25 percent, building permit applicants shall demonstrate that the proposed structure will be sited and designed to ensure structural stability. Foundation plans shall be stamped by a registered engineer. Approved erosion control measures shall be employed throughout the construction process on individual building lots. STAFF CONTACT: Brad Roast, Building Division (639-4171). FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 22 - 8' LANOSCAWE BUFFER BEHIND ALL PLANT MATERUIL IN THE VISUAL CLEARANCE - - R.O.W. fSEE PLANT LIST) TRIANGLES SHALL MEET C.O.T. VISION STANDARDS, SECTION 1&iD2,020 CHANCELLOR LINDEN I F 25• ~ 50' n DARTMOUTH STREET ~O BEARBERRY COTONEASTER 1 tRitCTION 1fl VILLAGE GREEN ZELKOVA NT ~ wAL cLtARANCE PLAN CHANCELLOR LMrOEN - >rO' O/C ~f W~~ VILLAGE GREEN ZELIfO1M - SO" O/C e' SIDEWALK fTYP.) r -TURN LANE ~ I _-:v v ~ - v. - _ _ _ 40'0/C DARTMOUTH STREET - BEARBERRY COTONEASTER ~ L ORNAMENTAL SIiRUB (SEE PLANT LIST) CHANCELLOR LINDEN EVERGREEN SCREEN SHRUB (SEE PLANT LIST) DRIVEWAY & TURN LANE PLAN SCALE: 1 "=30'-0" GROUNDCOVER SHRUB (SEE PLANT LIST) _ ~a+ sofa g ,..s a. w~ I- 1l.i 1~- ~ Q F- 0.u Oft/Y2 0./yn. M~9MN Dn.n r1F'4 CheeMW ~ Rmnanf 10/t/A2 ~ ~G ° • ~I~pfr r r (iiiL,tiVV i'~ ~t~, ~1. Shrrl Muniber MP-1 4-296-0601 28. Private storm drain lines shall be provided for lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other properties. A joint use and maintenance agreement should be recorded for each lot utilizing a common private storm drain. STAFF CONTACT: Brad Roast. C 29. Utility plans will need to be revised to place water mains on the south and east sides of streets. A 16 inch diameter water main will need to be provided along the SW Gaarde Street extension, unless a smaller diameter main is approved by the Tigard Water District. Final approval of the plans for water main location and size, including water meters, will need to be approved jointly by the Fire and Water Districts. The applicant shall be responsible for providing the City with proof of the water District and Fire District's approval of the revised water service plan. APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT L-R PHASE ONE 1S SUBMITTED FOR APPROVAL WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. THE MAXIMUM TIME FOR COMPLETION OF ALL PHASES OF THE APPROVED PLANNED DEVELOPMENT IS SEVEN YEARS. It is further ordered that the applicant and parties to these proceedingsbe notified of the entry of-this order. PASSED: This -2--day of July, 1992, by the Planning Commission of the City of Tigard. JO/Vista Point FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 23