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City Council Packet - 10/27/1992rhq^'~ AGENDA 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. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are esdmated; 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 any order after 7:30 p.m. • STUDY SESSION (6:30 PM) Joint Workshop with Planning Commission Region 2040 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 p.m. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 P.M. do ,.o,~;~A and may he enacted in one 3. CONSENT AGENDA: These items are considered a.. v.+ , motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Extinguishment of Storm Drainage Easement by Authorizing the City Administrator to Sign a Quitclaim Deed Vacating an Easement Within a Platted Portion of Riverview Estates #2 Subdivision - Resolution No. 92-4,q a- C. COUNCIL AGENDA - OCTOBER 27, 1992 - PAGE 1 7:50 p.m. 4. COMPREHENSIVE PLAN AMENDMENT CPA 92-0005 ZONE CHANGE 92-0003 TARKAIANEN/OTAK (NPO #5) A request for a Comprehensive Plan Map Amendment to redesignate a 4.04 acre site from Heavy Industrial and Professional Commercial to Light Industrial. In a! !dition, a Zone Change from the I-H and C-P zoning districts (Heavy Industrial and Professional Commercial) to the I-L (Light Industrial) zone is requested. LOCATION: 14010 SW 72nd Avenue (WCTM 2S1 1 DD, tax lot 900) and two adjacent parcels (2S1 1 DD, tax lot 700 and 2S1 1 DC, tax lot 4100) a. Open Public Hearing b. Declarations or Challenges C. Staff Report - Community Development d. Public Testimony • Opponents Proponents • Rebuttal e. Council Questions or Comments f. Staff Recommendation g. Close Public Hearing h. Council Consideration - Ordinance No. 92,c~Cj 8:15 p.m. 5 ZONE CHANGE ANNEXATION ZCA 92-0006 GARRETT (NPO #3) A request to annex one parcel consisting of 2.44 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to the City of Tigard zone R-4.5 (Residential, 4.5 units/acre). Location: 12040 S.W. Bull Mountain Road Public Hearing to be Continued to November 10, 1992 8:20 p.m. 6. NON-AGENDA ITEMS 8:30 p.m. , 7. ADMINISTRATIVE REVIEW/UPDATE • Review of Landscape Development Standards - Dartmouth Street Extension • Update on ADA Issues _ r xvve ho 110142- Update on Solid Waste Issues - rn0V#- 4a ulnlg4 9:15 p.m. 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the ,r. "I ref R. (h) to discuss labor relations, real property provisions of oH5 iy2.oou t1) Ujis k-,, transactions, current and pending litigation issues. 9:30 p.m. 9. ADJOURNMENT COUNCIL AGENDA - OCTOBER 27, 1992 - PAGE 2 A Council Agenda Item 4,1 T I G A R D C I T Y C O U N C I L MEETING MINUTES - OCTOBER 27, 1992 • Meeting was called to order at 6:30 by Council President Schwartz. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson, Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Senior Planner; Carol Landsman, Senior Planner; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Mike Robinson, Legal Counsel (arrived at 7:12 p.m.) ; and Catherine Wheatley, City Recorder. STUDY SESSION - Joint Workshop with Planning Commission Region 2040 a. Planning Commission members present: Harold Boone, Milton Fyre, Brian Moore, and Jack Schwab. b. Community Development Director Murphy reviewed the Metro 2040 (second round of Phase I). Council was asked to review and comment on some concepts that have been presented regarding how the region can grow. The concepts will be further evaluated in Phase II of the study. The material presented for Council review was also contained in a flyer submitted in the Council packet for this agenda item. C. Questions and comments from Council and the Planning Commission included the following: - How does a country/rural feeling mix with other "favored development forms"? What is the expected density for these options? (Answer: Unknown at this time.) Tn1hll icn t i-hccrc T11ftrp pmYll(1VTIl@Tlt npnortttni ~v L..t. ____-..1 expected (planned) down the I-5 corridor in Concept A? (Under headline of "Development Constraints.") CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 1 The proposal appears to be simplistic (compared to Y a "funny paper" another term used was "provincial") Several generations have dealt with these same issues for a long time. How does the Statewide Comprehensive Planning and the provisions of Senate Bill 100 fit within this planning effort? Comprehensive Plan Map for the region should be overlayed with the proposals in 2040 for a better visual concept. - Planning should begin with plotting of existing transportation corridors then add the Urban Growth Boundary to plan for regional growth centers. Design should also show densities necessary. - Noted that I-5 was not given as much importance ("major") as other corridors. - Technological advances were discussed: How do we know how we will be travelling in 50 years? In addition, change has accelerated. - Concepts portrayed lack of sensitivity to fine farm land soils. Metro Greenspaces plan, if approved by voters, will take 10,000 acres out of housing production within the UGB. Concern with lack of coordination among 2040, LUTRAQ, and Greenspaces programs. Note: Mike Robinson arrived: 7:12 p.m. - Concepts appear to show development taking place over floodplain, forest land, and slopes. - No utilization of rivers is proposed. (Concerned citizen Louise Richardson interjected a comment noting that Vancouver B.C. has done a superb job of encouraging walking rather than promoting a dependency on automobiles.) When comparing successes experienced in other cities, a comment was offered noting the importance of market dynamics (i.e., high gas prices in Canada) and current planning processes must be factored in. - Concern was expressed over the amount of money spent on a 50-year plan which appeared to be a "moving target." - Comment: 50 years ago light rail (known then as "street cars") was phased out. Traffic in Tigard still travelling over old "trails" which have simply been naved_ - Transportation issues should be the first priority in planning process. - Noted the plans for a high-speed bullet train from Canada to Eugene. C CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 2 Farm land areas within UGB which also need ' protection; incentives should be established to not develop farm land. Suggestion: Trade prime farm land within UGB for less-than-prime farm land outside the UGB. - Americans still wa::t "elbow room" which raises some questions about application of a "European model" in planning. With technological advances, people may find they are not constrained to live in this area but could live in eastern Oregon. Satellite cities such as The Dalles, Scappoose, McMinville, Newberg also contain valuable farm land which needs to be protected. Clark County Washington is important, but missing as a piece of the plan presented. The concept plan does not include a model for less than 500,000 population growth. - Portland area viewed by some businesses as adversarial to business: i.e., inflated real estate prices, EPA/pollution controls and mandates. Council Meeting recessed: 7:40 p.m. Council Meeting Reconvened: 8:45 p.m. 2. VISITOR'S AGENDA: • Paul Hunt gave words of thanks to the Council and staff for assisting him during the pre-election period. He said he appreciated all of the information and assistance he has received, in an impartial manner, to bring him up- to-date on the issues. • Louise Richardson, 15295 S.W. Bull Mountain Road, Tigard, OR submitted a portion of the Metro Greenspaces Master Plan to Council for their review concerning the Metro Greenspaces program. She said she learned that the City of Tigard did not support the Program and said it was a good thing for Tigard. Councilor Johnson reviewed the cost of the Program to Tigard taxpayers. She said it was not an ill-spirited choice to not support the Greenspaces Program; rather, a prioritization of cost:benefit. Councilor Fessler noted she endorsed Greenspaces but also agreed with Councilor Johnson's comments with regard to questions which need to be answered. Jack Pol.ans rgquPSred Council consider lowering the orice of 25 cents per page for copying costs for public record. Mr. Polans was advised that the copying charge was not intended to discourage public input, but rather, to C CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 3 address the need to be fiscally responsible. Council packet information is available at the Library for public review. Mr. Polans advised that the procedures were detrimental to public input. After brief discussion, Council requested Mr. Polans to put is concerns and requests in written form and submit them to the City Administrator in advance of scheduling a meeting to discuss his issues. 3. CONSENT AGENDA: Motion by Councilor Kasten, seconded by Councilor Johnson to approve the following: 3.1 Approve Extinguishment of Storm Drainage Easement by Authorizing the City Administrator to Sign a Quitclaim Deed Vacating an Easement Within a Platted Portion of Riverview Estates #2 Subdivision - Resolution No. 92-49a The motion was approved by a unanimous vote of Council present. 4. COMPREHENSIVE PLAN AMENDMENT CPA 92-0005 ZONE CHANGE 92-0003 TARKAIANEN/OTAK (NPO #5) A request for a Comprehensive Plan Map Amendment to redesignate a 4.04 acre site from Heavy Industrial and Professional Commercial to Light Industrial. In addition, a Zone Change from the I-H and C-P zoning districts (Heavy Industrial and Professional Commercial) to the I-L (Light Industrial) zone is requested. LOCATION: 14010 SW 72nd Avenue (WCTM 2S1 1DD, tax lot 900) and two adjacent parcels (2S1 1DD, tax lot 700 and 2S1 1DC, tax lot 4100) a. Public Hearing was opened. b. Declarations or Challenges: Councilor Fessler advised she reviewed this issue as a former member of the Planning commission. C. Staff Report - Community Development Senior Planner Bewersdorff summarized the staff report. d. Public Testimony • Mr. Jack Polans offered testimony noting concerns with uses in industrial zoning. He asked questions of staff with regard to what distinguishes light industrial as opposed to heavy industrial zoning. Senior Planner Bewersdorff advised the differences were not significant and dealt primarily with heavy industrial allowing the manufacture of raw materials. Councilor Johnson noted that the requested zone change would be more restrictive for that portion of the property which would be rezoned from heavy industrial to light industrial. C, CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 4 Mr. Polans indicated he was satisfied with the responses to his questions. e. Staff Recommendation: Senior Planner Bewersdorff advised that staff recommended approval of the request. f. Public hearing was closed. g. ORDINANCE NO. 92-29; AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT REQUESTED BY REINO AND MARILYN TARKIAINEN AND KEY BANK (CPA 92-0005/ZON 92-0003). h. Motion by Councilor Fessler, seconded by Councilor Kasten, to adopt Ordinance No. 92-29. The motion was approved by a unanimous vote of Council present. 5. ZONE CHANGE ANNEXATION ZCA 92-0006 GARRETT (NPO #3) A request to annex one parcel consisting of 2.44 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to the City of Tigard zone R- 4.5 (Residential, 4.5 units/acre). Location: 12040 S.W. Bull Mountain Road Public Hearing to be Continued to November 10, 1992 6. NON-AGENDA ITEMS a. Councilor Johnson recalled that several years ago residents near Englewood Park requested work be done to enhance the park which included landscaping to buffer the park from Scholls Ferry Road. Now that the road improvements to Scholls Ferry appear to be nearing completion, she asked about whether or not plantings or work was scheduled for the park to make it more appealing to be used. The landscaping planted previously did not survive. Community Development Director Murphy reported that the Oregon Department of Transportation has offered to do some improvements to the park to fulfill their mitigation obligation to wetlands arising from their work on Scholls Ferry Road. There is a possibility that the playground equipment will be moved as well as some landscaping work for which the State would bear the cost. Councilor Johnson requested that staff "get the word out" on the plann--d i; ^rn,remenf~c for the park by means of an article in the newspapers and the Cityscape. 0 CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 5 Ia. 7. ADMINISTRATIVE REVIEW/UPDATE. Review of Landscape Development Standards - Dartmouth Street Extension Representatives from W&H Pacific reviewed the Dartmouth Street Landscaping Plan (see material filed with the Council packet material.) Staff intends to use the plan the site review process as development occurs along Dartmouth. The guidelines will help insure a consistent and appealing streetscape. The plan referred only to landscaping, not to street design. Motion by Councilor Kasten, seconded by Councilor Fessler, to acknowledge the fact that Council had been familiarized with the Plan and accepted the conceptual plan as presented. Motion was approved by a unanimous vote of Council present. • Council briefly discussed the recent Hearings Officer Decision on Case Number 92-0010/VAR 92-0018 for Robert and Kathleen Hutchens. Consensus of Council was that the decision was acceptable and no action would be taken by Council for further review. 8. EXECUTIVE SESSION: Cancelled 9. ADJOURNMENT: 8:50 p.m. At st/ > atherine Wheatley, City Rec der ,amity of Tiga Date: / D~Ct J-- c=1027.92 h:\LOGIN\CATHY\CCMINUTE.92 `J CITY COUNCIL MEETING MINUTES - OCTOBER 27, 1992 - PAGE 6 c q; o~ ~I 02 4 V 'n F'•, IM N ' F° ~ S. ,U ctl o 1~. 3 C) 00 ~1 pQ,ty q ~v m ' E'" cn 9141 -In E--: oj.4 GL m p yA C3. 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City of Tigard ) I, Co Yl Yl tC' M `t k4l o begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) q-D which were adopted at the Council Meeting dated ~~7 2 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the .2-7 day of 19 q Z_ 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon r~ n 'Z 19 cl~ Subscribed and sworn to before me this, day of x OFFICIAL SEAL DIANE V.JELDERKS NOTARY PUBLIC-OREGON MY COW COMMISSION NO. 003977 AISSION EXPIRES SEPT. 7, 1995 AA 0 h otary Public Oregon My Commission Expires: 1og1n\io\affp0st CITY OF TIGARD, OREGON ORDINANCE NO. 92-CRg_ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT REQUESTED BY REINO AND MARILYN TARKIAINEN AND KEY BANK (CPA 92-0005/ZON 92- 0003). WHEREAS, the applicants have requested a Comprehensive Plan map amendment from Commercial Professional to Light Industrial and zoning redesignation from C-P to I-L for approximately 3.38 acres (WCTM 2S1 1DD tax lot 700 and WCTM 2S1 1DC tax lot 4100) and a comprehensive Plan map amendment from Heavy Industrial to Light Industrial and zoning redesignation from I-H to I-L for approximately 0.66 acres (WCTM 2S1 1DD tax lot 900); and WHEREAS, the Planning Commission held a public hearing on the request on October 5, 1992 and unanimously concurred with the Planning Division's recommendation for approval of the request; and WHEREAS, the Tigard City Council held a public hearing on the request on October 27, 1992, to review the applicants' statement, the staff report, staff and commission recommendations, and to receive public testimony; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION l: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached staff report, identified as Exhibit A, and also the applicants' report, identified as Exhibit B; SECTION 2: The City Council concurs with the Planning Commission and staff recommendations, and approves the request to amend the Comprehensive Plan Land Use Map (as shown on attached Exhibit C) with the subject parcels designated with lthe Light Industrial Plan designation, as well as approving the requested changes to the zoning map (attached Exhibit D) with the subject parcels designated with the I-L zoning district. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By (J/11c/1innp+tS vote of all Council members present after being read by number and title only, this -22±!i- day of 1992. herine Wheatley, City Recorder APPROVED: This day of 1992. Approved as to form: C. City Attorney C Jo/OrdCpa92 /s/ X id XI" WJJ ~x x--ro-r~ti Yohn Schwartz, council President ivla Date ORDINANCE No. 92- Page 1 h Y fir. ~TN~,t.~Y, ~ ,h• ®X'Y i;;~ •.."eO~~:ir4JLi1 ~ GI ~~FMa;;,{ (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED ct~t~ ui! /032V xv Ce.,j1-V,- ri: G cG og n o v 51 ors.s 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. AGENDA ITEM NO. 4 DATE: October 27, 1992 COMPREHENSIVE PLAN AMENDMENT CPA 92-0005 ZONE CHANGE 92-0003 TARKAIANEN/OTAK (NPO #5) A request for a Comprehensive Plan Map Amendment to redesignate a 4.04 acre site from Heavy Industrial and Professional Commercial to Light Industrial. In addition, a Zone Change from the I-H and C-P zoning districts (Heavy Industrial and Professional Commercial) to the I-L (Light Industrial) zone is requested. LOCATION: 14010 SW 72nd Avenue (WCTM 2S1 1 DD, tax lot 900) and two adjacent parcels (2S1 1 DD, tax lot 700 and 2S1 113C, tax lot 4100) PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS C Proponent - (Speakina In Favor) PLEASE PRINT nnnnnnn4 - Mnn-nLeinn Anninc4l Name Name Address Address Name me Address Address Name ame Address Address Name Name Address Address Name Name dress Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address me Name dress dress Name Name Address ress S'4-ua se ssican 12:0142 C MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: October 20, 1992 SUBJECT: Region 2040 Joint Workshop with Planning Commission As part of the second round of Phase I of "Region 2040,11 we are being asked to review and comment on some concepts that have been presented regarding how the region can grow. These concepts are discussed in some detail in the attached tabloid. This is a follow-up to our discussion last spring. Again, Ed Murphy will facilitate the discussion. We will be discussing whether the three concepts presented adequately convey the reasonable range of possible alternatives for the region's future. Are there modifications we should make to these growth concepts? Are there other growth concepts that should be considered along with these three? Are the concepts clear, reasonable, and fairly presented? In the evaluation of these concepts, what criteria do you think are the most important to be considered to help us choose the preferred alternative? Again, the task is not to choose an alternative, but to help choose those concepts that will be further evaluated in Phase II of the study. prc1020.92 C (c)12-1 LaZ sludgy session) f REFERENCES AND RESOURCES ' C IZ-V 1--K - - /8 ~yd-yam✓~ Metrvpa tan Greempaces Mager plate, Ady 1992 ROLES and RESPONSIBILITIES ERAUEWORK approved by the Metropolitan Greenspaces Policy Advisory Committee 6-24-92 (cross-references to pages in Master Plan added 7/6/92) 1 Program Goal: To create a cooperative regional system of natural areas, open space, trails and 2 greenways for wildlife and people in the four county bi-state Portland Oregon/Vancouver 3 Washington metropolitan area. (referenced in the Vision and overall Program goals) 4 Approach: Through a cooperative effort that complements local government and special district 5 open space, parks and recreation programs in the metropolitan area of Clackamas, Multnomah 6 and Washington counties, Oregon; Metro will identify, acquire and arrange for the management 7 of a system of greenspaces of metropolitan significance. A closely coordinated parallel effort 8 will be undertaken with the City of Vancouver, Clark County and the State of Washington so 9 that the program will cover the entire metropolitan area. (referenced in the Vision and Part 10 One, Sections 1 and 2, and Policy 1.14) 11 Prpgram Planning and Management: 12 After adoption of the Master Plan by the Metro Council and the general obligation bond measure 13 election, policy advisory responsibilities to the Metro Council will transition from the 14 Metropolitan Greenspaces Policy Advisory Committee to the Regional Policy Advisory 15 Committee established by Goal 1, Objective 2 of Metro's adopted Regional Urban Growth Goals 16 and Objectives. The Metropolitan Greenspaces Technical Advisory Committee will continue to 17 provide technical advice on the implementation and future revisions to the Master Plan, reporting 18 directly to RPAC. (referenced lu Fan One S--t-inn 1) 19 ROLES OF METRO AND LOCAL GOVERNMENTS 20 (Oregon portion of the region) 21 1) EDENTTFICATION OF LOCAL AND REGIONAL GREENSPACFS SYSTEM Q MdropoWn Grcempaees Muster Man, Jdy 1992 :3 . I (referenced in Pact One, Section 1 and 2) 2 a) Local governments and special districts providing park services, and local 3 governments with comprehensive planning responsibility, will identify 4 greenspaces systems in their jurisdictions. 5 b) Metro will identify a system of large acre natural areas and open spaces that 6 should be protected throughout and proximate to the Metro Boundary and a 7 system of trails and greenways to interconnect them. 8 c) The local government-identified and Metro-identified systems will be "overlaid" 9 to determine those greenspaces of common interest. 10 d) Local governments and special districts providing parks services, as well as local 11 governments with comprehensive planning responsibility, will meet with Metro 12 to decide whether the greenspaces of common interest are more appropriatel y 13 administered by local governments or Metro. In the case where a Metro- 14 identified greenspace designation would conflict with a local government 15 comprehensive plan designation, the affected parties will negotiate a resolution 16 to the conflict. Acquisition and management responsibility for those sites is 17 discussed, respectively, in sections 3 and 4 of this document. 18 2) PLANNING OF GREENSPACES 19 a) Metro in cooperation with local governments, special districts, state and federal 20 agencies, and nonprofit organizations will develop a metropolitan-wide 21 Greenspaces Masicr Plan while l w;1i i%A"&" Wnri nmmnFnrt p~rn~d.ainn of V ~W4e% 22 system of natural areas, open space, trails and greenways (see section 1 of this 23 document). (referenced in the Vision and Part One, Sections 1 and 2, and Heb»pe ¢ GreexV"es Master Plan, Daily 1992 4 I Policy 1.14) 2 b) Criteria will be delineated in the Master Plan to assist in the establishment of C 3 priorities for inclusion of specific greenspaces into the system. However, some 4 flexibility will be retained in order to quickly respond to unexpected preservation 5 opportunities that may arise or unforeseen changes in circumstances that may 6 affect priorities. (referenced In Part Two, Section 1 and Policy 2.5) 7 c) The location of large acre protection sites, restoration sites, . trail and other g interconnections shown on the Metropolitan Greenspaces Master Plan system map 9 are representative. More site specific definition of system components will be 10 undertaken in cooperation with local governments and other interests subsequent 11 to Master Plan adoption by the Metro Council. Balancing natural resource value 12 and development value will be an important planning activity when determining 13 the ultimate size. and location of specific greenspaces system components. 14 (referenced in Part One, Section 1) 15 d) Management plans for specific natural area sites will be prepared within a 16 specified time frame after securing them. These plans will serve as the basis for 17 local government, special district, non-profit organization, or Metro improvement 18 and operations of the sites. Metro will initiate management plans for greenspaces • 19 secured and/or managed at the regional level. Local parks providers will initiate 20 management. plans for greenspaces secured and/or managed at the local level. 21 Metro and local governments in whose jurisdiction greonspaces are located will ......,,A.~6WAv tg orepase management plans and execute them through 22 WON& 23 intergovernmental agreement. Interim protection guidelines may be adopted by C MdropOtdM Grecmpates Mostsr ~ald, J* 1992 • ~ 5 I Metro and/or local governments during preparation of management plans for 2 protected greenspaces. (reference in Part Two, Section 1 and Policies 1.2, 3 2.19-2.21) 4 e) Metro will be responsible for planning a Greenspaces trail system. The trail 5 system planning will result in a blueprint for a regional trail system that can be 6 adopted by all participating agencies. This trail system will be developed in 7 cooperation with local and state governments in Oregon and Washington, the U.S. 8 Forest Service, the 40 Mile Loop Trust, the Greenway to the Pacific program, 9 the Columbia Gorge Commission, the Chinook Trail and other interests. In the 10 case where a trails designation would conflict with a local government 11 comprehensive plan designation, the affected parties will negotiate a resolution 12 to the conflict. (referenced in Part Two, Section 1 and Policies 2.11- 2.14) 13 f) Metro will be responsible for working with local governments to delineate areas 14 that are potential restoration sites. Metro will give a priority to areas which are 15 deficient in open space and natural areas. Metro will provide technical and 16 financial assistance to local governments as appropriate. (referenced in Part 17 Two, Section 1 and Policies 2.16-1.18) 18 3. ACQUISMON OF GREENSPACES 19 a) Greenspaces to be administered at the local level will be the responsibility of local 20 governments to secure and manage. .(referenced in Part One, Section 2) 21. b) Greenspaces to be administered by Metro will be the responsibility of Metro to 22 secure and manage. (referenced in Part One, Section 2) 23 c) Greenspaces of common interest administered by Metro will be the responsibility MdWpaditaa Greenspaces Mater Plan, Jade 1992 6 I of Metro to secure. Metro will offer a first right of refusal to the local 2 government in which the sites are located to acquire the property. The first right 3 of refusal will only be offered to local governments currently providing part: 4 services in whose service area the greenspaces are located. It will not be offered 5 to local governments having comprehensive planning responsibility that do not 6 provide park services as of July 1, 1991. (referenced in Part One, Section 2) 7 (1) If the local government accepts acquisition responsibility from Metro, the 8 accepting government will be responsible for funding the acquisition of the 9 greenspace with their own resources. (referenced in Part One, Section 10 2) 11 (2) If the local government expresses interest in acquiring a site Metro may 12 enter into an intergovernmental agreement which includes provisions 13 related to regional or joint funding of the local acquisition. (referenced 14 in Part One, Section 2) 15 (2) If the local government chooses not to acquire the property, Metro will be 16 responsible for funding the acquisition of the greenspace with its own 17 resources. (referenced in Part One, Section 2) 18 d) Greenspaces of common interest administered at the local level will be the • 19 responsibility of local governments to secure and manage. (referenced in Part 20 One, Section 2) 21 e) Lower priority will be given acquisition of properties adequately protected by 22 federal, state or local regulations. The Greenspaces acquisition program will not 23 --dtut- 1,.,, r tarA ..oa rnA nqhiWl rP~tImP manav be construed as a siivsuw~a ,a.... emeat C M dnapol&an Greeaspaees Minster Plan, July IM 7 1, I regulations at any level of government, including local comprehensive plans. Continued application of such regulations to real property by appropriate levels 2 3 of government are recognized as one of several strategies necessary to fully 4 implement the Greenspaces Master Plan. (referenced in Part One, Section 2) 5 f in evaluating priorities for acquisition, Metro will first determine whether existing 6 federal, state, regional and local land use, environmental or other applicable 7 regulations provide adequate protection of greenspaces. If not, Metro will then determine if legally defensible new regulations could be adopted by appropriate 8 9 government agencies within timeframes necessary to protect significant 10 greenspaces. If not, Metro will pursue acquisition based on fair market value. 11 (referenced in Part One, Section 2) 12 g) Metro will propose funding on a regional basis, to establish both: 13 (1) a greenspaces. acquisition and capital improvement fund with which to 14 acquire, in fee or easement, or otherwise secure and improve greenspaces 15 proposed for inclusion in the regional greenspaces system by the 16 Greenspaces Master Plan, and 17 (2) a management and operation fund. (referenced in Part One, Section 2) 18 h) Seventy five percent (75 of the capital and acquisition funds raised through the . 19 initial voter-approved regional general obligation bond, after netting out bond 20 issuance costs, will be retained by Metro. Twenty five percent (25%) of the net 21 initial and capital and acquisition funds will be distributed by Metro to local 22 governments. Cities and special districts not providing park and recreation 23 services as of July 1, 1991 are W ell ibie'to receive ~o~ds. e ends "All he M dropa Uan Greiu* ei iWastsr Am July 3992 - r ri', I distributed to counties, cities, and special parks districts in accordance with 2 attachment "A" of this roles and responsibilities document. Funds will be 3 expended as follows: (referenced in Part Two, Section 1) 4 (1) Metro will use the regional portion of funds for acquisition and S development of greenspaces and interconnections to be secured and 6 administered by Metro, for property transaction and associated 7 administrative costs, and for overall financial management of bond funds. S Funds may = be used for operations and maintenance activities. 9 (2) Funds distributed by Metro to local parks providers are to be used for any 10 locally determined open space, parks and recreational acquisition and 11 capital needs consistent with applicable tax laws and provisions of the 12 regional funding measure. Funds may = be used for operations and ! 13 l maintenance activities nor be used outside the Metropolitan Service ` 14 District's boundary, unless Metro finds that such expenditures clearly 15 benefit District residents. 16 (3) The "pass-through" of regional funds to local parks providers rAll be 17 executed through intergovernmental agreements. 18 (4) Eligible local governments and special districts may form consortiums to 19 combine their allocations for eligible purposes. 20 h) Metro and local agencies will maintain greenspaces included in the metropolitan- 21 wide system in - perpetuity in accordance . with management plans. Where 22 possible, deed restrictions will be included at the time of transfer of property, 23 from private property owner to Metro or local government Metro to local , C ` Mdropolitan Greensp"ae Mager eta, ,Jady 1993 f.~ I government, local government to Metro, or Metro or local government to non- 2 profit organization, which require use of the land for open space purposes in 3 perpetuity. (referenced in Part Two, Section 1 and in Policies 2.19 - 2.21) 4 4) OPERATION AND MANAGEMENT OF GREENSPACES 5 a) Using the resource management planning process (see section 2), acceptable 6 maintenance, types and levels of programmed use, and development standards 7 will be established for all components of the Greenspace system. The operator 8 (Metro or local government) shall be responsible for operation and management 9 in compliance with the standards developed through the management plan. 10 (referenced in Part Two, Section 1 and in Policies 2.19 - 2.21) 11 b) The management practices employed by Metro, local governments, special 12 districts or non-profit groups for the operation and maintenance of greenspaces 13 will be consistent with the adopted Greenspaces Master Plan and with specific site 14 management plans. (referenced in Part Two, Section 1 and in Policies 2.19 - 15 2.21) 16 c) Metro will budget for and manage, operate and maintain those portions of the 17 greenspaces program to be administered by Metro (see Section 1 of this 18 document). Metro may make provisions with local parks providers for 19 management of Metro-administered greenspaces, section 3.b) notwithstanding, if 20 local parks providers express interest to Metro. Nothing in this document shall 21 be construed to preclude local governments or,Metro from entering into ORS 22 Section 190 . agreements regarding park and recreation operations and 23 maintenance. (referenced in Part Two, Section 1) 10 Metro pan Greeesa ~las~ Plan,; d993 V. 'a ,S-r"fir I d) Local agencies will budget and fund the operation and maintenance of those 2 portions of the greenspaces program to be administered by local governments (see 3 section 1). (referenced in Part Two, Section 1) 4 e) Focal governments, special districts and Metro may choose to contract with 5 private entities, certified 501(c)(3) non-profit organizations and/or local parks 6 providers for development, operation, and maintenance, provided improvements .7 and activities . are consistent with adopted greenspaces management plans. g (referenced in Part Two, Section 1) 9 -fj Metro will offer a first right of refusal to local governments in which greenspaces 10 of common interest are located to provide management responsibility by 11 intergovernmental agreement. The first right of refusal will only be offered to 12 local governments providing park services, as of July 1, 1991, in whose service 13 area the greenspaces are located. (referenced in Part Two, Section 1) 14 (1) If the local government accepts management responsibility from Metro, 15 the accepting government will be responsible for funding the operation and 16 maintenance of the greenspace with their own resources, except as 17 provided in subsection (2). (referenced in Part Two, Section 1) When a regional funding source is available for operations and 1S (2) 19 maintenance, Metro will enter into intergovernmental agreements with 20 local parks providers to defray all or portions of the operations cost for locally administered or managed large acre components of the greenspaces 21 22 system where: (referenced in Pact Two, Section 1) .s..._'-,..,, ^nvye ,,rov+APr aarees to manage sites in accordance with 23 ta) I ME 1- P 'si`N®slar Pd~ias; ury 1992 N~Pcidtaei Grssa~e . ~ 11 r. I the standards established through adopted management plans and 2 policies; and 3 (b) The local parks provider renders the service at a cost less than that 4 which Metro could provide under the adopted management plan 5 and regional operations and management policies. 6 (3) If the local government chooses not to accept management responsibility, 7 Metro will be responsible for funding the operation and maintenance of 8 these sites with its own resources. (referenced in Part Two, Section 1) 9 g) Metro will undertake studies to determine future regional financing options for 10 greenspaces, parks and recreational facilities. The studies will be coordinated 11 with local, state and federal agencies, and non-profit groups. The studies will 12 address Metro's immediate revenue needs to acquire and manage Metro- 13 administered greenspaces identified in the Greenspaces Master Plan as well as a 14 long-term financing options of local governments, special districts and Metro for 15 additional acquisition, capital improvement, operations, and maintenance of 16 greenspaces, parks and recreational facilities. (referenced in Part One, Section 17 1 and in Policy 1.6) 18 5) ENVIRONMENTAL EDUCATION 19 a) Metro's role will be to actively pursue environmental education programs as both 20 facilitator and provider. Metro will ensure regional coordination among 21 environmental education providers. (referenced in Part Two, Section Two and 22 in Policies (2.30,- 2.42) 23 b) Metro will cooperate with local, state and federal park providers, and Afepellta Grasn VQ, spaces Al~ster ~'la~a, July IF92 12 I refuge/wildlife managers, as well as the Audubon Society of Portland's 2 Metropolitan Wildlife Refuge System project, Wetlands Conservancy and other 3 non-profit organizations to produce informational brochures, signage and other 4 interpretive materials for environmental education for the general public. 5 (referenced in Part Two, Section Two and in Policies (2.30 - 2.42) 6 c) Metro will develop a technical assistance program that may include, but is not 7 limited to, development of interpretive facilities and environmental education • 8 programs that relate to sites ultimately incorporated into the greenspaces system 9 and to assist in the implementation of the Greenspaces Master Plan by local 10 governments, special districts, nonprofit organizations and other interests. Metro 11 will also promote and coordinate recreational and environmental education 12 programs initiated by other governments and private organizations to broaden 13 participation in such programs by the residents of the metropolitan area. 14 (referenced in Part Two, Section 2 and in Policies 2.30 - 2.46) 15 6) ROLES OF STATE & FEDERAL AGENCIES 16 a) Metro, local governments, special districts and non-profit organizations will work 17 with state agencies such as Oregon Parks and Recreation Department,. Oregon 18 Department of Fish and Wildlife, Governor's Watershed Enhancement Board, and 19 Division of State Lands, to ensure maintenance, expansion of their parks, refuge 20 areas, grant programs and regulatory efforts in a coordinated and complementary 21 approach with the Metropolitan Greenspaces Program. These agencies should 22 address and fund the special urban needs of the region, including the 23 identification, planning, acquisition and management of natural areas. Future Mdropd ten Green4 wes Paster Pkx, .SAP 1992 13 1 2 3 4 S 6 7 8 9 10 11 7) 12 13 14 15 16 17 Titan region as a key target area. state acquisitions should include the Metropo ands, while owned and managed by the state, will be linked with and These 1 oted as parts of the Metropolitan Greenspaces system. (referenced in Part prom tion Two and in Polacy 1.28) One, Sec National Park Service, b) Federal agencies such as the Fish and Wildlife Service, wer Administration and Northwest Power Planning Council should Bonneville Po and identify new areas for maintain existing refuge and recreational areas, rated by the federal government, acquisition. These lands, while owned and ope ll be linked with and promoted as parts of the Metropolitan Greenspaces wi Section Two) system. (referenced in part One, ROLES OF NON-PROFIT ORGANIZATIONS AND LAND TRUSTS d sts and "Friends" a) 18 b) 19 20 21 22 ~a 14 Metro will work closely with non-profit organizations, lan w s to explore partnerships which include acceptance of land donations, group ation and other easements and management of sites. These sites may be c°nserv and operated by a non-profit or owned by a local, state, federal agency or Metro owned by anon -profit and managed by a local, state, federal the site may section One) agency or Metro. (referenced in Part Two, other educational institutions Metro will work with Portland State University and Portland Bureau throughout the region including, Audubon Society of Portland. Multnomah County and others, non- of parks and Recreation, Saturday Academy, anizations and agencies to develop a comprehensive environmental profit org (referenced in Pam education program which utilizes the gfeenspaces system* Two, Section Two) a 1Hadtr JIM JubM_a Mdrapolftan Greensp". ; 1 8) ROLES OF SPECIAL SERVICE DISTRICTS AND WATER QUALITY AGENCIES 2 a) Metro recognizes that agencies such as the federal Environmental Protection 3 Agency, Unified Sewerage Agency of Washington County, Portland's Bureau of 4 Environmental Services, Clackamas County Department of Utilities, state Water 5 Resources Department and Department of Environmental Quality, and other 6 interested agencies and other surface water managers have a tremendous stake in r 7 protection, restoration and management of the region's natural areas, including g wetlands, and river and stream ecosystems. Metro will work closely with these 9 agencies in development and implementation of cooperative Greenspaces-oriented 10 projects which promote multi-objective management of natural areas, regional 11 streams, rivers and wetlands. (referenced in Part One, Section Two, in Past 12 Two, Section Two, and in Policy 2.55) 13 R&RFINAL: revised July 5. 1992 C ' HdMpaBiM Green4wees Master Flax, July 1992 15 ATTACHMENT A The local share of bond funds, as described in Section 3h of this Roles and Responsibilities Framework, shall be apportioned among parks providers in each county on the basis of county-wide totals established using FY 1991-92 assessed valuation within the Metropolitan Service District boundary. Estimated county-wide totals are as follows: Clackamas County - 19.56% Multnomah County - 50.20% Washington County - 30.24% Formulas for allocating county-wide totals among parks providers in each county are as follows: CLACKAMAS COUNTY PARKS PROVIDERS LOCAL SHARE ALLOCATION FORMULA 1. The "local share" of funds raised from any bond measure approved by the voters of the Metro region for a Greenspaces capital and acquisition program apportioned to the parks and recreation providers of Clackamas County shall be distributed to such providers as follows: a) 50 percent shall be determined on the basis of the urban Clackamas County population (defined as those Clackamas County residents living within the boundary of the Metropolitan Service District) residing within the boundary of each such provider. Those residents living within the city of Milwaukie and the unincorporated areas of Clackamas County who also reside within the service area of North Clackamas Park and Recreation District (NCPRD) shall be included in the population count of NCPRD; and b) 50 percent shall be determined on the basis of the assessed valuation. 2. The population used in this formula for the cities shall be the "July 1, 1991 Certified Population Estimate" developed by the Center for Population Research and Census, School of Urban and Public Affairs, Portland State University. The assessed valuation used in this formula shall be from the FY 1991-92 assessment rolls. 3. The unincorporated population used for NCPRD shall be an estimate based on a GIS tracing of the district boundaries and an adjustment to 1990 Census data based on the average percentage change for urban Clackamas County cities as shown by the PSU data from 1990 to 1991. 4. The unincorporated Clackamas County share shall be calculated on the basis of all unincorporated population (both inside and outside the Metro boundary, excluding unincorporated population within ±he CP=Ik ) a,d assessed value of unincorporated Clackamas County within the Metro boundary outside of NCPRD. MeuvRditan Gneraspr = Mater Plan, fuly, IM2 5. Distribution to those cities included in more than one county will be based on the population and assessed value that lies within Clackamas County. Based on these statements the distribution within Clackamas County will be: Gladstone 3.11% Happy Valley 0.70% Lake Oswego 13.82% Milwaukie 6.92% Oregon City 5.32% Portland 0.32% Rivergrove 0.10% Tualatin 0.90% West Linn 6.61% Wilsonville 4.32% NCPRD 20.68% Clackamas 37.20% County C I C MampaUa?a fiiumpaces MasW..M r! % My ~7YQ F ~ ynt 1 y t £ F f: IvIULTNOMAH COUNTY PARKS PROVIDERS LOCAL SHARE ALLOCATION FORMULA 1. Divide total Multnomah County allocation into two equal shares - 50 percent the county; 50 percent for the cities. 2. From the "county" share, allocate 200,000 to each city with a population of less than 50,000 (i.e., Troutdale, Wood Village and Fairview). 3. Distribute "cities" share based on percentage of population* (1990 census information). * Population for distribution purposes is defined as the sum of the populations from each municipality which was a "park provider" as of July 1, 1991, i.e., 518,611. Table 1 Amount to be allocated: $24,786,250* County share: 12,393,125** Cities share: 12,393,125 City F Base Allocation % Total Pop. ' County Population Allocation Total Allocation rtland 0 84.3% $10,447,405 $10,447,405 Gresham 0 13.2% 1,635,893 1,635,783 Troutdale $200,000 1.5% 185,897 385,897 Fairview 200,000 .5% 61,965 261,965 Wood Village 200,000 .5% 61,965 261,965 Totals $600,000 100% $12,393,125 $12,99314125 * Assumes $200,000,000 bond sale; no interest After adjustment for base allocation, County share = $11,793,125 Metropdftn Grti¢reaAwei Master Flare, July 19~ ~ . - • - 111 is 4. From the "county" share, establish a $5,000,000 fund for the pursuit of cooperative natural areas projects to be administered by the county as follows: a. Each city with a population of less than 50,000 to have $50,000 reserved for cooperative natural area projects within their city limits. b. Pro rata shares of the balance in this fund to be reserved for cooperative natural area projects in each city as in "3" above. C. d. e. f. t All cooperative projects to be consistent with the Multnomah Countv Natural Areas Protection and Management Plan. "City" cash contribution to be required for cooperative projects. (Specific levels to be determined at later date.) pro rata share of interest, if any, to "county" portion of allocation share accrue to this fund. Any city which has not identified cooperative natural area project(s) within three years from forfeit their access to resources reserved in this section. the time funds are available shall See Table 2 for details. Portland Gresham Troutdale Fairview Wood Village Totals Table 2 Base. teservation : 0 0 $ 50,000 X0,000 50;000 $150,000. qg Population 94.3% 13.2% 1.5% .5% -5% ;100% Population " Reservation $4,088,550 640,200 72,750 249250 24.250 54,850,000:.: Total . gteservation $4,088,550 640,200 122,750 749250 74.250 SS,000,OOfl Metropoftn lance luster Plan, MY 19X..; , iv r WASHINGTON COUNTY PARKS PROVIDERS LOCAL SHARE ALLOCATION FORMULA 1 2. 3. 4. 5. The "local share" of funds raised from any bond measure approved by the voters of the Metro region for a Greenspaces capital and acquisition program apportioned to the parks and recreation providers of Washington County shall be distributed to such providers based on the percentage of the urban Washington County population (defined as those Washington County residents living within the boundary of the Metropolitan Service District) residing within the boundary of each such provider and where those residents living within the unincorporated areas of Washington County who also reside within the service area of Tualatin Hills Park and Recreation District (THPRD) shall be included in the population count of THPRD. The population used in this formula for the cities shall be the most recent "July 1 Certified Population Estimate" developed by the Center for Population Research and Census, School of Urban and Public Affairs,-Portland State University. The population used for THPRD shall be based on a GIS tracing of the district boundaries excluding the population of the City of Beaverton and an adjustment to the 1990 Census data based on the average percentage change for urban Washington County cities as shown by the PSU data from 1990 to the appropriate date as described in 2 above (most likely 1992 or 1993). The population estimate for the urban unincorporated area of the County shall be the population used by Metro to determine the County's assessment for "Local Government Dues less the population of the urban cities (excluding King City) and the estimated THPRD population. For purposes of this program, estimated allocations for "parks avid recreation providers" based on PSU certified 1991 population data include: Beaverton Forest Grove Portland Tigard Washington County g:\pd\yrnW\zd-b.2 19.29% Cornelius 2.14% Durham 0.26% 4.66% Hillsboro 13.3% Lake Oswego 0.00($357) 0.41% Rivergrove 0.01% Sherwood 1.11% 10.38% Tualatin 5.46% ~'t te~r7~ nr J1•VJ N 11.12% MetropoUlan Greenspam MaasW ,Plan, July 1992 ~x . V C t PARKS PROVIDERS AS OF JULY 1. 1991 (eligible for local - regional general obligation bond split) Special Districts North Clackamas Parks and Recreation District Tualatin Hills Parks and Recreation District Counties Clackamas County Multnomah County Washington County Sim Beaverton Cornelius Durham Fairview Forest Grove Gladstone Gresham Happy Valley Hillsboro Lake Oswego Oregon City Portland Rivergrove Sherwood Tigard 'rfn»tdale Tualatin West Linn Wilsonville Wood Village Mdropditax Greenwees Mager PZa& JUIY IM 16 1, V Meet at 8 a.m. at -Tigard Water District, 8777 SW Burnham Road, for registration and orienta- tion. Volunteers will carpool to clean up sites at 8:30 a.m. Why do our streams need cleaning? Tires, household trash and construction debris are a serious threat to wildlife and may contrib- ute to localized winter flooding problems. Grass clippings and raked leaves dumped in or near the creek can pollute the water. As this organic debris decays, nutrients such as phosphorus are leached into the stream, polluting the water. What to 6rinq Wear sturdy shoes and dress for the weather. Volunteers may bring a rake or shovel. Children must be accompanied by an adult. Gloves and trash bags will be provided. More information Contact Dan Heagerty at 235-5022, ext 4652. Here Is What You Can ®o To Keep Fanno Creek Healthy • Home compost or recycle your grass clipping and raked leaves • Stencil your neighborhood storm drains • Use less toxic alternatives to pesticides and herbicides • Don't mow to the creekside, leave a buffer of natural vegetation • Revegetate streamsides • For more information on protecting Fanno Creek and its tributaries, contact the Fans of Fanno Creek Sponsored BY Fans of Fanno Creek P.O. Box 25835 Portland, OR 97225 TI-Ta-Me-Wood Girl Scouts Agot, iffIl , Pr GIRL SCOUTS Unified Sewerage Agency 1,90 U off; When COUNCIL AGENDA ITEM 3-1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Oct. 27, 1992 DATE SUBMITTED; Sep. 30, 1992 ISSUE/AGENDA TITLE: Extinguish RE IOUS ACTION: None existin storm draina a easement ABED BY: Chris Davies Qx4y DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Should the storm drainage easement described in Exhibit "A" be extinguished? STAFF RECOMMENDATION Q Approval of the resolution authorizing that the easement be extinguished. INFORMATION SUMMARY Currently, there is an existing storm drainage easement (see attached map) that was granted to the City in 1988. Its main purpose was to convey storm water from "Swanson's Glen" subdivision to the Tualatin River. In January 1991, the Planning commission approved Subdivision 90-0014, which is adjacent to Swanson's Glen. The applicant of SUB 90- 14 is currently constructing the public improvements, as required, and is installing an approved storm drainage system. The installation of the system will nullify the need for the existing easement. The attached resolution will allow the easement to be legally extinguished. PROPOSED ALTERNATIVES 1. Authorize the City Administrator to extinguishment sign the easement . 2. Deny authorization of the easement extinguishment. FISCAL NOTES No additional expenses are expected. riverv-c.1 16288 Q '88) 28 1911 - 163;0 C as ha 87 41 C 1 27 12 In, 146' 16324 15 m w... vo... ll l '88) 26 13 7 18 19 20 21 2' is Q 16346 42 14 60 59 58 P '88) 62 61N n 22 62 25 2' co sco 0 co °v .y,:. wo-.:: o - N 54' 16358 d 24 43 O '88 a N a " ,o , g ° .88)0 2, S.W. STUART CT II II 1-1/4'. (P)1188 2' P 23 P 11 II 11 " 169,2 4a to 1 lu+~7 IN Ig 172 62. = 0 22 O v' 27 N \ N `11^ P 16406 45 y 11 I I N (~s 89) -S-KETCH rm s o a°o 127' 75 N _OUT 2 F m ;Wks . - 16429 6 io f88) 20 P --7 - 2 67 66 65 64 co `0T / 43. 16448 46 51 53 68 69 7„0~ 71 73 2 V689) 76 47 !'~S Otbo 52 In m o a+ " C 77 S -w F 72 52' 21111: 6474 -~U S E 21 r 189)65 2' I 88y`S `0+0 89) - N " S . W. 21 2 SP .W. sl'KENT ST. i i~ ®kENT 2' II 2' 8 0 11 6' a CT. 2 CL CL 04 c4 CJ co v to o 7 cnl _46 58 I I 14' o rn ^'n m o c°DO o a°1o co ^ Re.~ co N 'o .r, , .rz_ 49 N 84 83 82 8t 80 79 78 wftz- 85 86 90 91 92 93 94 99 0 95 N J 87 88 "In~ m 8 Moo 5 rn.. ° pn - 50 59 J 1 ao u' v an " 61 57 v a v+ n ° N N 62 c S.W. zP Ln of a ~oX LOCI r~FR o0 1-21 `Y 83 88 VaC4~eo~l a 82 To y N~ 72 71 FUSE-~ .e I N 84 87 70 69 2' 65 86 ,QL 81 Ln 3 BONANZA ~?#'/p~ ash se 74 ~10~o N 67 I 66 79 78 77 75 COUNCIL AGENDA ITEM C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 27, 1992 DATE SUBMITTED: October 8, 1992 ISSUE/AGENDA TITLE: Comprehensive Plan PREVIOUS ACTION: Planning Commission Amendment CF 22-05/Zone Change 92 hearing on October 5, 1992 (Tarkianen/OTAM6 PREPARED BY: Jerry Offer, Assoc. Planner DEPT HEAD OK CITY ADMIN OK REQUESTED BY: _Ed Murphy, CDD Should the City Council approve a Comprehensive Plan Map Amendment from Heavy Industrial and Commercial Professional to Light Industrial and a zoning map redesignation from the I-H and C-P districts to the I-L zoning district for approximately 4.04 acres? The request would increase the amount of developable industrial land in the city at the expense of an equivalent reduction in developable commercial property. STAFF RECOMMENDATION Approve the attached ordinance approving the Plan Amendment and Zone Change request and adopt the staff report as findings in support of the decision. INFORMATION SUMMARY Reino & Marilyn Tarkiainen (owners of Finlandia Sauna and one of the involved parcels) and Key Bank (owners of the other two involved parcels) have requested approval of a Comprehensive Plan Map Amendment from Heavy Industrial and Commercial Professional to Light Industrial as well as zoning C redesignation from the I-H and C-P districts to the I-L zoning district for approximately 4.04 acres located on the east side of the curve on SW 72nd Avenue, south of Sandburg Street. The Tarkianen's parcel is developed with the industrial operations of Finlandia Sauna and Sandvik Steel. The Key Bank parcels are vacant. Finlandia Sauna would like to expand onto one of the parcels owned by Key Bank, but cannot under the existing C-P zoning district. The Planning Commission reviewed the proposal at a public hearing on October 5, 1992. No one commented in writing or orally at the public hearing, other than the applicant's representative. The Commission unanimously voted to join NPO #p5 and the Planning Division staff in recommending approval of the request. The NPO had recommended that no additional curb cuts to SW 72nd to the subject properties. The Commission and staff have noted that details on access like that are development issues rather than land use issues and should not be attached to a Plan amendment/zone change approval. Draft minutes of the Planning Commission hearing, the staff report, the applicant's statement, and a proposed ordinance for approving the request are attached. PROPOSED ALTERNATIVES 1. Approve the attached ordinance approving the requested Plan Amendment and Zone Change and adopting the staff report as findings in support of the decision. 2. Deny the Plan Amendment and Zone Change request. FISCAL NOTES No direct impacts. l jo/ccsunlo- 91 c z Z 0. P~ N D W V) 0 a_ O IAN ly 0- ~ B 1 ~~P{ I Z I r ! C7 I z R~RO~ 0 N eP `G Cr% z x = W TIGARD PLANNING COMMISSION REGULAR MEETING - OCTOBER 5, 1992 11. CALL TO ORDER: President Fyre called the meeting to order at 7:30 PM. The meeting was held in the Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard. 2. OIL CALL: President Fyre; Commissioners Boone, Castile, Hawley, Moore, Saporta, and Schwab. Staff: Associate Planner Jerry Offer, and Secretary Ellen Fox ABSENT: Commissioner Saxton. 3. MINUTES Commissioner ore moved and Commissioner Castile seconded o approve the mi tes of September 21st meeting as co: ed. Motion passed b majority vote of Commissioners . 1 sent President Pyre ab ained. 4. COMMUNICATIONS There were no communicaions received f this meeting. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT A 92-0006 ZONE CHANGE ZON 92-0004 AITKEN (NPO #2) A e est for a Comprehensive Plan Map Amendment to redes'gnat a 0.30 acre site from Professional Commercia to Gene 1 Commercial and a Zone Change from the C-P z e (Professio al Commercial) to the C-G zone (General Co cial). APPLICABLE APPROVAL CRITERIA: Statewide Planni Goals 2, 9, 12, an3; Comprehensive Plan Policies 1.1 .2 8.1.1, 8.2.2, and 1 2.1; and Community Development de Chapters 18.22, 18.32, ~nd 18.64. LOCATION: 1895 AND 11935 SW Greenburg R d (WCTM S21 2AA, tax lots 200 and 1300) o Asso 'ate Planner Jerry Offer explained that letter was re ived this date from Jack Steiger, plicant's presentative, requesting a continuance on this item until the NQvpmher 2nd D7=nn4nev (C-1-sinner Nteeting. PLANNING COMMISSION MINUTES - OCTOBER 5, 1992 PAGE 1 * Commissioner Hawley moved and Commissioner Boone--seconile-i-to continue the hearing to Nov , 92 meeting. Motion carried by unanimou of Commissioners present. Me g packets were returned to staff for update information. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 92-0005 ZONE CHANGE ZON 92-0003 TARKAIANEN/OTAK (NPO #5) A request for a Comprehensive Plan Map Amendment to redesignate a 4.04 acre site from Heavy Industrial and Professional Commercial to Light Industrial. In addition, a Zone Change from the I-H and C-P zoning districts (Heavy Industrial and Professional Commercial) to the I-L (Light Industrial) zone is requested. APPLICABLE APPROVAL CRITERIA: Statewide Planning Goals 1, 2, 9, and 12;•Comprehensive Plan (Policies 1.1.2, 5.1.1, 7.1.2, 7.4.4, 7.6.1, 8.1.1, 8.2.2, and 12.3.1; and Community Development Code Chapters 18.22, 18.32, and 18.70. LOCATION: 14010 SW 72nd Avenue (WCTM 2S1 1DD, tax lot 900) and two adjacent parcels (2S1 1DD, tax lot 700 and 2S1 1DC, tax lot 4100) o Associate Planner offer reviewed the application explaining the request to change Com Plan Amendment to Light Industrial and Zone Change to I-L (Light Industrial). he discussed the information contained in the packets, noting that some of the packets were sent out without the NPO #5 comments. He advised C that staff was recommending approval of the application. APPLICANT'S PRESENTATION o David Bantz of Otak discussed the zoning in the area and talked about the positive aspects of having a Light Industrial zone as a buffer between Heavy Industrial and Professional Commercial. He advised that the staff report presented the information well and he did not add anything further. PUBLIC TESTIMONY There was no one signed up to speak on this item. PUBLIC HEARING CLOSED o Associate Planner answered questions from Commissioners regarding future development which would trigger new sidewalks. * Commissioner Saporta moved and Commissioner Boone seconded to recommend to Council approval of CPA 92-0005 and ZON 92-0003. Motion passed by unanimous vote of Commissioners present. C PLANNING COMMISSION MINUTES - OCTOBER 5, 1992 PAGE 2 MEMORANDUM I-0/Q-7 Ift CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Ed Murpil DATE: October 1992 SUBJECT: Dartmouth Street Landscaping Plan Attached is the Dartmouth Street landscaping plan prepared by our consultant W&H Pacific. We intend to use this plan in our site review process as development occurs along Dartmouth. These guidelines will help insure a consistent and appealing streetscape. This plan refers only to landscaping, not to street design. It should be noted that the Tigard Development Code already requires the installation of street trees, This plan merely specifies the type, size and spacing of those required street trees. It is also important to note that the intent is that the street trees will be installed by the developer as property develops, and maintained by the adjoining property owners, not by the City. The Dartmouth Local Improvement District is not affected. cal/dart.mem October 15, 1992 C LANDSCAPE DEVELOPMENT STANDARDS FOR DARTMOUTH STREET EXTENSION CITY OF TIGARD TIGARD, OREGON October 1, 1992 OBJECTIVES The following landscape standards are recommended for the streetscape of the properties within the Dartmouth Street L.I.D. and in conjunction with the development standards for Tigard Triangle. enhance the standards are meant to provide typical landscape design criteria and guide development sueetscape right-of-way property along Dartmouth Street and to help insure that it is distinctive, clearly understandable and unified. In order to ensure unity of the streetscape along Dartmouth, a landscape master plan has been developed. Each development will be required to landscape their street corridor frontage as specified and detailed on the master plan. The streetscape corridor along Dartmouth is the primary image setting zone. This corridor begins at the back of the curb of Dartmouth and extends outward for a distance of 21 feet along both sides of the entire length the roadway. the The treeetsc pe corridor, elocated behind the sidewalk and on private tprope y, isa remaining 8 feet o required landscape setback. The entire 21 feet (including a 6 foot walk) shall be landscaped and installed by the developer during their project construction. Typical landscape layout details and plant lists are shown on the master plan drawing. The following are guidelines for elements that fall within the streetscape corridor area and are to be addressed by the developer. W&H Pacific . Revised 1011192 1.1 SCREENING 1.1.1 The screening intent of the Dartmouth landscape master plan is to block the low level, close-in views from the road, of parking lots, yet allow for higher, longer distant views to the commercial buildings and their identification signs. 1.12 All screening within the 8' landscape setback behind the sidewalk shall be a minimum of 3' above the surface parking elevation of adjacent existing and future developments. This screening shall be accomplished by installing shrubs specified on the landscape master plan. The screening shrubs specified on the plant list can be expected to reach 3' in height within 3 years. Minimum size at planting is specified on the landscape master plan. 1.1.3 Where buildings abut the road without a parking lot between the building and the street, the typical landscape buffer behind the right-of-way will not be required. The intent is that the area between the building and the right-of-way will be fully landscaped, but will not need the screening shrubs as typically required in front of parking lots. The 7 foot planting strip with trees and groundcover, between the road and the sidewalk, will still be required. 1.2 GRADING 1.2.1 Transition slopes between the streetscape corridor and development shall not exceed 3:1. If transition exceeds 3:1, the installation of walls may be required. " 1.3 PLANT MATERIALS 1.3.1 Street trees, screening shrubs, ornamental shrubs, and ground cover plants (species and spacing) will be required as shown on the landscape master plan. The layout and spacing of trees and plants is shown on the master plan. All streetscape landscaping shall be provided and installed by the developer during project construction. 1.3.3 Street trees should be placed so they will not conflict with underground utilities within the right-of-way. The utility corridor should be located in the 7 foot planting strip between the road and the sidewalk, within the first 4 feet nearest the curb. The trees should be placed within the remaining 3 feet nearest the sidewalk. 1.3.3 Shrubs in the streetscape corridor shall be installed to aid in the screening of future parking lot development and utility fixtures adjacent to the right-of-way. 1.3.4 The landscape master plan drawing specifies the approved list of plant material that can be used along Dartmouth Street. Landscape plans for the streetscape of each project must utilize combinations of plants selected from the approved plant list shown on the master plan drawing. Other plant material in the streetscape corridor will not be accepted. Plant layout shall be designed as "mass plantings," utilizing many plants of the same species together in "blocks" or "masses" of plants. w&H Paclfw Revised 1011192 C 1.4 IRRIGATION 1.4.1 An automatic underground irrigation system will be required along the entire length of the streetscape corridor. 1.4.2 As an alternative to conventional spray irrigation, a "drip" irrigation or low volume "micro- spray" system shall be designed to promote water conservation. 1.4.3 The developer will be required to submit an irrigation construction design to be approved by the City of Tigard. 1.5 SIGNAGE 1.5.1 Only directional and traffic control signage will be allowed in the streetscape corridor area. 1.5.2 Street trees should be placed so they will not conflict with clear vision to the traffic signs. Within the 7 foot planting strip between the road and the sidewalk, the signs should be placed nearest the curb and the trees should be placed away from the signs, nearest the sidewalk. 1.5.3 As trees mature, their lower branches should periodically be pruned up or "headed-up" to avoid conflicts with clear vision to traffic signs. 1.6 SIDEWALKS 1.6.1 Sidewalks shall provide a safe, vehicular separated, all weather, efficient and aesthetically pleasing means of pedestrian circulation connecting lots continuously along both sides of Dartmouth Street. 1.6.2 Sidewalks along Dartmouth Street shall be provided by the developer with locations as indicated on the master plan and shall meet the following standards: 6 feet in width, 4 inches in depth (concrete). 1.7 VISUAL CLEARANCE 1.7.1 proper sightline distances shall be provided at all access drives and intersections in the streetscape corridor area along Dartmouth Street. All plantings within the clear vision triangle should be planted and maintained, not to exceed 3 feet in height. Street trees should be set ,.va,,,.a.yn c~ f;, m c-urh Bn_.c at intersections and drives to allow for clear vision. aaauuaaaauaa'-)C' w WdH Pacific Revised 1011192 1.8 MAINTENANCE 1.8.1 It is the responsibility of the developer to maintain the streetscape corridor adjacent to their development throughout their occupancy of the site. 1.82 All trees and plant material in the streetscape corridor area shall be maintained in a healthy disease free condition. As trees mature, their lower branches should periodically be premed up or "headed-up" to avoid conflicts with vehicle travel and clear vision to traffic signs. 1.8.3 Water and fertilizer shall be applied as necessary to maintain normal color and rate of growth 1.8.4 Planting areas throughout the streetscape corridor shall be maintained in a weed and litter free condition. 1.8.5 All landscape features shall be maintained in an attractive manner at all times. W&H Pacific Revised 1011192 IOI21I q 2 Agendcs 4 `I c( 61 CITY OF TIGARD Washington County, Oregon 7 NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): SUB 92-0010/VAR 92-0018 2. Name of Owner: Robert & Kathleen Hutchins Name of Applicant: Same 3. Address 14520 SW Pleasant Valley Rd. City Beaverton State OR Zip 97005 4. Address of Property: 14160 SW 97th Avenue Tax Map and Lot No(s).: 2S1 11BA, tax lot 1100 5. Request: A request for approval of the following development applications: 1) Subdivision approval to divide a parcel of approximately 0.91 acres into four lots of approximately 7,890 and 9,985 square feet in size; 2) Variance approval to allow the use of an existing gravel driveway whereas Community Development Code Chapter 18.106.050 (4)(J)(5) requires access drives for residential development be improved with asphalt or a concrete surface. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.88, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, and 18.164. LOCATION: 14160 SW 97th Avenue (WCTM 2S1 11BA, tax lot 1100) Zone: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON November 2, 1992 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this dec-ollon in accordance with 15.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. November 2. 1992 10. Ouestions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. BEFORE THE LAND USE HEARINGS OFFICER r FOR THE CITY OF TIGARD, OREGON Regarding an application by Robt. & Kathleen Hutchins ) FINAL ORDER for approval of a preliminary plat for a 4-lot subdivision ) SUB 92-0010 in the R-4.5 zone for land at SW 97th Avenue and SW ) VAR 92-0018 Mountain View Lane in the City of Tigard, Oregon ) (Mountain View Estates) 1. SUMMARY OF THE REQUEST The applicant requests approval of a preliminary plat to subdivide a 0.91-acre parcel into 4 lots ranging from 7500 to 9985 square feet. Proposed lots do or can comply with minimum dimensional requirements of the R-4.5 zone. All lots will be used for single family detached dwellings and will be served by public water and sewer systems. Only two of the proposed lots comply with the solar access standards for new development; an adjustment is requested to waive compliance for the other two lots. Access for three of the lots will be by means of an extension of Mountain View Lane from a stub at the east edge of the site across the site and a private driveway extending north from that street. The applicant will dedicate and improve the right of way for the extension of Mountain View Lane, which will taper as it extends east to west across the site. Access for the fourth lot will be by means of an easement accross adjoining property to the west. Because the driveway for the fourth lot does not comply with standards for a private street, (i.e., it is gravel, exceeds 150 feet and does not contain a turn-around), the applicant requests approval of variances from §18.108.070. Hearings Officer Larry Epstein held a duly noticed public hearing regarding the applications on September 30, 1992 and held open the record for 10 days thereafter to receive additional evidence. At the hearing, City staff recommended conditional approval of the subdivision. The applicant accepted the recommended conditions of approval. Five area residents testified. Two of the witnesses raised concerns about cost sharing for the private driveway and the relationship of this subdivision to two other subdivision applications that were denied in 1991 (SUB 90-0013NAR 90-0037 and SUB 90-0007NAR 90-0011). One witness asked about applicable approval standards and availability of the staff report. The two remaining witnesses testified with concerns about Mountain View Lane and the relationship of the subdivision to access for future developments onto 97th Avenue. LOCATION: 14160 SW 97th Avenue, WCTM 2S1 11BA, Tax Lot 1100 APPLICANTS & PROPERTY OWNERS: Robert and Kathleen Hutchins SITE AREA: About 0.91 acres (39,730 square feet) APPLICABLE LAW: Community Development Code Ch. 18.50.050, 18.88.040, 18.92.020, 18.108.070, 18.134.050, 18.150.020, 18.160.060, 18.160.120, 18.164.030, 18.164.060, 18.164.070, and 18.164.100 and Comprehensive Plan policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved C Page I - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) also will dedicate a right of way for and improve SW Mountain View Lane across the south edge of the site. The right of way width will taper from 50 feet at the east edge of the site to about 26 feet at the west edge of the site. 3. The applicant also will provide for storm water drainage and pay a fee in lieu of providing on-site water quality features. See finding II.F. E. Existing and proposed vegetation : There are several conifer trees and assorted deciduous trees and other landscaping materials on the site. The proposed development's private street, utilities, and residences will require the removal of a significant number of trees. The hearings officer assumes that the site will be landscaped with vegetation typical of other developed lots in the vicinity. F. Topography and drainage : 1. The site slopes gently from the south to the north. No grading plan or preliminary drainage plan has been submitted. 2. There is a public storm sewer in Mountain View Lane east of the site. The nearest catch basin is about 100 feet east of the site. The applicant could route storm water to Mountain View Lane where it would flow by gravity to the existing catch basin. In the alternative the applicant could provide a catch basin and pipelines on-site to carry the water to the Mountain View Lane system. G. Plan designation and zoning : The site and vicinity are designated Low Density Residential on the Comprehensive Plan Map and are zoned R-4.5 (Residential, 4.5 units per acre). H. Public services and utilities : The site is served by public sewer and water systems. Sewer service is available from an existing 8-inch diameter line on the west edge of the site. Water service is available from a 6-inch diameter line in Mountain View Lane. The line can be extended along Mountain View Lane to serve each lot, using easements where necessary. L Streets and access : 1. The site has 50 feet of frontage with Mountain View Lane (a local street) at the southeast corner of the site. The applicant will dedicate right of way for Mountain View Lane across the south edge of the site. The right of way will taper from 50 feet at the east edge to about 26 feet at the west edge of the site. The applicant will improve the right of way with pavement, curb and sidewalk on the north. East of the site. Mountain View Lane is improved with ? reughly 36-foot paved section between curbs. 2. City staff prepared an illustrative plan showing how Mountain View Lane can be dedicated and improved as land south and west of the site (TL 107 and 1200) is developed. If the illustrative plan is developed, then Mountain View Lane will intersect 97th Avenue (a collector arterial) about 305 feet south of Rhonda Street (measured centerline to centerline). Based on topography on the illustrative plan, this intersection will be about 600 feet north of and 30 feet below the crest of the hill on 97th Avenue. Page 3 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) 3. The applicant will establish a 25-foot wide easement from Mountain View Lane to a point about 70 feet north and will improve that easement with a paved private driveway that can serve the middle and northeast lot. 4. The northwest lot will not abut a street on the site. Instead, access to that lot will be provided by means of an existing private driveway in a 15-foot easement that extends from 97th Avenue to the east edge of the site. The driveway consists of a roughly 10- foot wide gravel surface in poor condition. It intersects 97th Avenue about 27 feet south of Rhonda Street (measured centerline to centerline). That driveway serves four other dwellings. This driveway is expected to be temporary, because adjoining land to the west is expected to develop in the foreseeable future. When the adjoining land to the west develops, then a public street will be developed where the private street now exists. When that street develops, then access to the northwest lot can be provided from that street by extending a private drive extending east of that street. City staff provided an illustrative plan showing how that street would be necessary to serve land to the west when that land develops. The Hearings Officer believes the illustrative plan would have to be modified to gain approval by curving to the north opposite Rhonda Street at 97th Avenue, based on the City Council decisions in SUB 90-0013NAR 90- 0037 and SUB 90-0007NAR 90-0011, unless the City grants a variance to section 18.164.030.G. However, the overall intent of the plan appears to be appropriate. J. Surrounding land uses : 1. Land to the north and west is developed with single family homes on oversized lots. Based on the illustrative plan provided by City staff, land to the north and west can be divided into more than 10 lots for single family homes if a public cul de sac street is developed to serve those lots. a. Land to the north and west was proposed for development in 1990. See the planning commission and city council decisions regarding SUB 90-0013NAR 90- 0037 and SUB 90-0007NAR 90-0011, incorporated herein by reference. The planning commission recommended approval of those applications. However, after two public hearings, the city council denied the applications. b. After reviewing the planning commission recommendation and the minutes of the City Council hearings regarding those cases, the Hearings Officer concludes that, although issues about flag lots and lot frontage were raised, the main reason for the City Council action was failure of the proposed plans to comply with intersection spacing standards. That is, a proposed cul de sac street extending east of 97th Avenue was situated only 65 feet south of Rhonda Street on the west side of 97th Avenue, This viclawd section 18.164.030.0 which requires new streets to be situated directly across from or at least 300 feet from existing streets. The City Council declined to approve a variance to that section; therefore, both subdivisions were denied. c. The record in those cases reflects that owners of properties north and west of the site are assessed for sewer line improvements based on the assumption that the number of lots proposed in those subdivisions would be approved. By modifying the preliminary plats for those subdivisions so that proposed Rh ,ada Court east of 97th Avenue is directly across from existing Rhonda Street west of 97th Avenue, it is reasonable to conclude that land to the north and west can be subdivided into almost the same number of lots proposed in 1990. Page 4 - Hearings Dicer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) 2. Land to the east is divided into urban-sized lots that are developed with single family detached dwellings. 3. Land immediately to the south is undeveloped. However, based on the illustrative plan provided by City staff and the final plats for SUB 91-0015 and SUB 90-0010, that land can be divided into several lots for single family homes, provided SW Mountain View Lane is developed south and west of the site. lII. APPLICABLE APPROVAL STANDARDS A. Community Development Code. 1. Chapter 18.50 contains standards for the R-4.5 zone. A single family detached residential unit is a permitted use in the zone. Lots in the zone must comply with the following dimensional requirements: Minimum lot size Average minimum lot width Front setback Interior side setback Street side setback Rear setback Maximum building height 7500 square feet 50 feet 20 feet 5 feet 15 feet/20 feet for a garage 15 feet 30 feet 2. Chapter 18.88 contains solar access standards. A lot complies with this chapter 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; or if a protected solar building line is designated on the plat or on documents recorded with the plat; or if solar performance- oriented standards are imposed on future structures. A subdivision complies with this section if 80% or more of the newly created lots comply with this standard. An adjustment to the solar access standard can be granted if compliance with the basic solar standard would reduce the density of the project, increase costs by at least 5 percent, or destroy or otherwise impair a significant development amenity. 3. Chapter 18.92 contains standards for density. The number of dwelling units permitted is based on the net development. area, excluding land dedicated for public roads or granted for private streets, among other things. To determine the maximum number of lots, divide the net development area by minimum lot size in the zone. 4. Chapter 18.108 allows private streets to serve up to 6 dwelling units subject to pavement width and improvement standards that vary depending on the number of units served. A private street serving 2 dwellings is required to be paved and have a minimum 20-foot paved section in a 25-foot easement; curbs and walkways are not required. A turn-around is required for a private street that is more than 150 feet long. CDC 18.92.020(A) and 18.26 provide that the area used for private streets does not count toward the area of any lot. 5. Chapter 18.134 provides that variances to the Code development standards may be approved if: a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; Page S - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) b. The variance is necessary for the proper design or function of the subdivision; c. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and d. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. 6. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter four feet above the ground on undeveloped land. A permit for tree removal must comply with the following criteria: a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; 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. 7. Chapter 18.160 contains standards for land divisions. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and the applicable zoning ordinance and other applicable ordinances and regulations; b. T fie proposed plat name may not be duplicative and must otherwise comply wi-u`i the provisions of ORS Chapter 92; c. The streets and roads shall be laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. 8. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires public streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) provides a local street is to have a minimum 50-foot right of way and minimum 34-foot paved section between curbs and sidewalks. Page 6 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) c. Section 18.164.0300 provides that the applicant must dedicate to the City a reserve strip across the end of a dedicated street that extends to the edge of a site and build a barricade across the street stub. d. Section 18.164.030(G) provides that rights of way shall be dedicated so that street centerlines align or are separated by at least 300 feet. e. Section 18.164.030(1) provides that whenever existing rights of way adjacent to or within a tract are of less than standard width, additional right of way shall be provided as a condition of approval of a subdivision or development. Note that it does not make the same requirements for substandard easements for private streets. L Section 18.164.030(n allows partial street improvements, (i.e., less than 24 feet of paving), when it is practical to require development of the other half of a street when adjoining property develops. g. Section 18.164.050 authorizes the City to require an applicant to dedicate easements for sewers, drainage, water mains, and other public utilities where they cross private property. h. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street i. Section 18.164.070 requires sidewalks adjoining all streets with certain exceptions not relevant to this case. j. Section 18.164.090 requires sanitary sewer service. - k. Section 18.164.100 requires adequate .provisions for storm water runoff and dedication of easements for storm drainage facilities. 1. Section 18.164.120 requires utilities to be installed underground. B. Applicable Comprehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure citizens will be provided an opportunity for be involved in all phases of the planning process. that all developments within the Tigard Urban Planning Area 2. Policy 4.2.._,.vide-O~...__ t,~.,....., shall comply with applicable federal, state and regional water quality starda;drs. 3. Policy 7.1.2 provides the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. future growth efcient street and development roadway 6. Policy 8. 1.1 that mee r current needs and will anti for a safe and system Page 7 - Hearings officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) 7. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abuts a dedicated street or has other adequate access; b. Street right of way shall be dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs and sidewalks to City standards within the development; d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on September 30, 1992 and during the subsequent 10 days. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Summary of testimony. 1. Ron Pomeroy tested for the City and summarized the staff report and recommendation. He modified the written staff report to note that the property does not contain a septic tank. He also responded to questions about the illustrative plans for development of the area north, west and south of the site and supplemented his testimony with additional evidence regarding such development after the hearing. 2. Robert and Kathleen Hutchins testified on their own behalf in favor of the proposal and accepted the conditions of approval recommended by City staff. 3. Jack Polans, Ron Lautt, Aase Otto, Dick Kluempke, and Virgil Volk testified with concerns or against the subdivision. a. Mr. Lautt and ;r:s. Otto --wn and were the applicants for the proposed subdivisions north and west of the site that are discussed under finding 1i.J.2. They expressed reasonable consternation that the proposed subdivision should be approved while their applications were denied. Each requested some assurance that their projects would now be approved, too. Mr. Lautt also requested a condition of approval that requires the owner of the proposed northwest lot to participate in maintenance of the private gravel drive that will serve that lot. Ms. Otto also requested a condition of approval that requires the owner of the northwest lot to improve the private driveway from the east end of future Rhonda Court to that lot when the future street is built. b. Mr. Polans asked questions about the applicable approval standards and availability of the staff report. The Hearings Officer responded by identifying applicable standards and noting that the staff report was available for inspection at Page 8 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) the planning department and City library at least 7 days before the hearing and could be photocopied for a fee. c. Mr. Kluempke tested with concerns about where Mountain View Lane will intersect with 97th Avenue in the future if adjoining land to the west and south develops. He noted that there is a vertical curve (i.e., a hill) on 97th Avenue south of the prospective intersection that would constrain sight distance and be hazardous. d. Mr. Volk noted that there is no temporary turn-around proposed on Mountain View Lane. The Hearings Officer noted that the private drive effectively provides a turn-around and that extension of Mountain View Lane to 97th Avenue in the future eliminates the need for a turn-around. C. NPO and Agency Comments. 1. The Hearings Officer incorporates by reference the findings regarding NPO and agency comments in section IV of the City of Tigard staff report dated September 24, 1992 with the following amendment. 2. The Engineering Department originally recommended that the applicant dedicate and improve a full-width right of way for Mountain View Lane across the site. See the last sentence of finding IV. LA of the City of Tigard staff report dated September 24, 1992. However, based on the illustrative plan for future development west and south of the site, they changed their recommendation to support approval of the tapered plan for Mountain View Lane, based on the memo from Ron Pomeroy dated October 6, 1992. V. EVALUATION OF REQUEST A. Compliance with Community Development Code. 1. The proposed lots comply with the use standards of the R-4.5 zone, because they will be used for single family detached dwelling units, based on finding II.D. 2. The proposed lots comply with the minimum lot size and average width standards of the R-4.5 zone, because they contain more than 7500 square feet apiece and are at least 50 feet wide on average. The south edge of the northeast lot will have to be at least 10 feet further north, so that the proposed middle lot has at least 25 feet of frontage on a private street to comply with section 18.164..060(B). However, even after doing so, those lots will comply with the dimensional standards of the R-4.5 zone. Also, the existing house that will remain on the middle lot will continue to comply with setback requirements. See finding II.C and D. 3. The northwest and northeast proposed lots (or 50% of the subdivision) comply with the basic solar access standard for new development, eased on finding H.D. Lc and d. The south and middle lots do not comply with any of the solar access standards. 'nere is no way for them to do so without eliminating one lot or the existing house, because the existing structure on the middle lot is situated such that two lots with a long north- south axis cannot be created without destroying the house. Therefore, compliance with the solar access standard would reduce the density of the project (by eliminating the south lot so that the middle lot has a 90-foot lot north-south depth) or increase development costs by at least 5 percent (by eliminating the house). The Hearings Officer assumes that the value of the house is at least 20 percent of the value of a lot without a house. This assumption can be verified by the County Assessor or C_ Page 9 - Hearings Officer decision SUB 92-0010NAR 92-0018 (Mountain View Estates) independent appraisal. Clearly, the house is a significant development amenity with considerable value to the purchaser of the middle lot. Therefore, eliminating the house so that two solar lots are created fronting on Mountain View Lane raises the effective cost of each lot by at least 5 percent and would destroy a significant development amenity. To avoid that result, an adjustment is warranted under sections 18.88.040.E.1.a and b to reduce the extent to which the subdivision must comply with the solar access standard to 50%. 4. The proposed subdivision complies with the density standards of Chapter 18.92, because the developable area of the site (32,849 square feet) divided by 7500 square feet per lot equals 4.38 lots, and the applicant proposes to create 4 lots. 5. The proposed private street extending north of Mountain View Lane complies with Chapter 18.108, because it will serve two lots (the northeast lot and middle lot) and is 25 feet wide. A condition is warranted requiring the applicant to improve or guarantee the improvement of the private street with a minimum 20-foot-paved section, to establish a minimum 25-foot wide easement for the street, to identify the street as private, to prohibit parking in the private street so that it can continuously oaccommodate two-way traffic, and to establish a joint maintenance agreement for the street to which owners of the middle and northeast lot are subject. 6. The private street to be used for access to the northwest lot is problematic. a. It is an existing private street and is reasonably likely to be a temporary measure, based on the discussion in findings II.I and II.J.1; perhaps that warrants different treatment. However, it is not clear from Chapter 18.108 that an existing private street is intended to be treated differently when a new subdivision is proposed that relies on that street. Because the existing private street already serves four dwellings and has less than a 24-foot paved section in less than a 30-foot easement, it does not comply with existing standards for a private street serving four dwellings. It does not even comply with standards for a private street serving two lots. Perhaps because the subdivision will not increase the number of lots served by the private street, it can be argued that using the private street for the northwest lot does no more than continue the existing status quo (in terms of the number of lots served). That argument is the linchpin of the fourth lot for this subdivision. b. Given the importance of maximizing the development of the urban area and the ambiguity about how to treat existing substandard private streets in the City Code, (e.g., section 18.164.030(1) does not require that additional easement width or improvements be made to a substandard private driveway when adjacent to or within a proposed development), the Hearings Officer accepts the argument described above. That is, because the proposed private street will serve no more than the number lots it already serves, has not been hazardous based on past use, and is reasonably likely to be temporary, the northwest lot should use that existing private street although that street does not comply with the standards for a private street sei wing Lour lots, or more. c. The applicant requests variances to waive paving requirements and to waive the requirement for a turn-around for the private street serving the northwest lot. The Hearings Officer finds that a variance is warranted to defer the paving requirement, but not to waive the turn-around requirement. Page 10 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) d. A variance to defer the paving requirement for the private drive and turn-around is warranted, because: (1) There are special circumstances that apply to the property that are unusual as compared to other lands similarly situated; that is, the majority of the private drive will be temporary in nature. When the adjoining land to the north and west is divided and a public street is developed on the west 250 feet or so of the existing easement, then the private driveway will be only about 100 to 150 feet long. It is inefficient and a waste of private and public economic and energy resources to require the applicant to pave the driveway only to tear it up within a year or two for the public street that will be developed to serve the potential lots north and west of the site. (2) However, in the interim, the owner of the northwest lot should be subject to a condition that requires participation in the maintenance of the private street, because the owner of that lot will use that street. Moreover, the owner of the northwest lot should be subject to a condition that requires that owner to pave the private street from the site to the edge of the public road that will be built between the site and 97th Avenue. The owner also should be required to pave the turn-around at that time, unless the private driveway is less than 150 feet long. Deed covenants and a condition of approval are warranted to fulfill these requirements. (3) The variance to defer paving is necessary for the proper design of the subdivision without causing a waste of economic and energy resources for a driveway that will be torn up in the near future. However, the variance is only necessary until the public street west of the site is developed. Once that street is developed, then paving of the private drive is warranted. (4) Granting the variance to defer paving will not be detrimental to the public health, safety and welfare or injurious to other owners of property, because the variance is temporary in nature, and it does not increase the number of lots using the private street. However, it would be detrimental to the public safety to waive the paving requirement altogether, because, unless the private street is paved within a reasonable time, vehicular access would be more hazadous and less stable and secure over time. (5) Granting the variance to defer paving is necessary to enable the applicant to create the northwest lot without a waste of economic and energy resources that constitute an extraordinary hardship. However, granting the variance to waive paving of the private street east of the future public street is not necessary to enjoy a substantial property right, because there is no right to have a gravel driveway in the City. e. A variance to the turn-around requirement is not warranted, because: (1) Nothing about the site precludes providing a turn-around on the site. There are no structures, topographic or other natural conditions that makes provision of such a turn-around problematic. (2) The applicant has not shown that providing 'u`,e turn-around is necessary Vr the proper design or function of the subdivision or the northwest lot. No building exists on the lot, and no building plan was proposed that would Page 11 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) conflict with providing the turn-around. Building plans can be prepared that accommodate the turn-around. In the alternative, the applicant could cooperate with the owner of the property north of the site to provide for a turn-around off- site that fulfills the same function as a turn-around on the site. (3) By not providing a turn-around, the applicant endangers the public health and safety, because emergency vehicles may be unable to turn around on the private street. (4) The variance is not necessary to the preservation and enjoyment of a property right, because there is no right to build a private street longer than 150 feet without providing a turn-around. Even after the public street is built between the site and 97th Avenue, the private drive will continue to be more than 150 feet long, based on the illustrative plan provided by the staff. If the private drive is less than 150 feet long after approval of the public street west of the site, then the Planning Director should be authorized to waive paving of the turn-around and to authorize use of the turn-around area for other purposes. 7. The applicant will remove a significant number of mature trees to provide for the public and private streets, utilities and buildings. A condition of approval is warranted prohibiting the applicant or future lot .owners from removing trees 6 inches or more in diameter four feet above the ground from the site until the applicant or owner applies for and receives a tree cutting permit pursuant to Chapter 18.150. The applicant should be required to provide a tree survey to facilitate compliance with that chapter. 8. The proposed subdivision complies with Chapter 18.160, because: a. It complies with the Comprehensive plan map designation of the site, the applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations. b. The proposed name of the subdivision is not duplicative. c. Mountain View Lane is adequate to serve three of the lots on the site and extends across the site in a manner that enables it to be extended to 97th Avenue consistent with City standards in the future as land to the west and south develops, based on the illustrative plan provided by the staff. A condition is warranted to require the applicant to dedicate reserve strips and to build a barricade at the street stub as required by section 18.164.040.F. d. The private drive is adequate to serve the northwest lot, subject to conditions, based on the preceding findings. The Code does not authorize the Hearings Officer to require this applicant to provide an access plan for the area to solve the cross- circulation problems evident in the community. That responsibility falls on the City in its case-by-case review of proposed development. Whether that policy is most efficacious is not relevant to the review of this subdivision nor within the jurisdiction of the Hearings Officer. However, the Hearings Officer encourages the City to consider enacting regulations that provide for adopting a future street plan for this and other neighborhoods to provide a process to guide provision of access for future developments. Page 12 - Hearings Officer decision SUB 92-0010NAR 92-0018 (Mountain View Estates) 9. The proposed subdivision complies with Chapter 18.164, because: a. The applicant will dedicate for and improve the public road adjoining the site to City standards. A tapering dedication and improvement for Mountain View Lane is warranted, because the remainder of the street can be dedicated and improved when adjoining land to the south develops. The centerline of the street will be aligned with existing Mountain View Lane to the east. Conditions are warranted to ensure the applicant makes dedications and improvements required by Code. Curbs and a sidewalk on the private drive are not required. b. Lots are not more than 2-1/2 deeper than wide and have at least 25 feet of frontage on a street, provided the frontage of the middle lot is increased to at least 25 feet. c. All lots will be served by public sanitary sewer and a storm drainage system. Conditions are warranted requiring granting of easements for utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. d. Storm water from the site can be accommodated by the existing storm sewer in Mountain View Lane if the applicant shows that water from the site will flow to that catch basin and the system has adequate capacity to accommodate that water. If the storm water from the site will not flow by gravity to the existing storm water inlet in Mountain View Lane east of the site, or if that inlet is not adequate to accommodate that stone water, then the applicant should be required to direct storm water to a catch basin on the site as a condition of approval. The applicant should be required to extend the storm sewer within the Mountain View Lane right of way where it crosses the site whether or not a catch basin is needed on the site, so that the storm sewer can accommodate storm water from land to the west when it develops, unless the City Engineer concludes storm water from land to the west should not or will not be directed to that line. d. The applicant will install underground utilities. B. Compliance with Comprehensive Plan policies. 1. The subdivision complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site. 2. In order to comply with Policy 4.2.1, a condition is warranted to require the applicant to prepare an erosion plan as part of the grading permit application and to pay a fee in lieu of providing on-site storm water quality features, consistent with standards for the Tualatin River Basin and Resolution and Order 91-47 or amendments thereto. The site is too small to accommodate an on-site storm water quality facility. 3. The subdivision complies with Policies 7.1.2, 7.3.1, and 7.4.4, because the applicant will extend public sewer and water system to the site, will provide a storm water drainage system on the site, and will provide underground utilities. Detailed public facility improvement plans need to be prepared and approved. Y. ,,,c,u1,A;.,A~=.,=. ~nrnnlips with Policy 8.1.1 and 8.1.3, because the street system on and adjoining the site will be improved to City standards or modified as permitted. Page 13 - Hearings Officer decision SUB 92-OOIONAR 92-0018 (Mountain View Estates) VI. SITE VISIT BY EXAMINER The Hearings Officer visited the site and area that could be affected by the proposed subdivision. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed subdivision will promote the general welfare of the City, and will not be significantly detrimental nor injurious to surrounding land uses, provided development that occurs after this decision complies with applicable local, state, and federal law. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves SUB 92-0010 (Mountain View Estates) and approves in part and denies in part VAR 92-0018, subject to the following conditions: UNLESS OTHERWISE NOTED: ALL CONDITIONS SHALL BE SATISFIED AND COMPLETION OF PUBLIC IMPROVEMENTS FINANCIALLY SECURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY, AND CONTACT CHRIS DAVIES (639-4171) REGARDING CONDITIONS. 1. The applicant shall submit two (2) sets of detailed public improvement plans and profile construction drawings to the Engineering Department for preliminary review and approval. The applicant shall submit seven (7) sets of approved drawings and one (1) itemized construction cost estimate. The plans and estimate shall be prepared by a professional engineer licensed in Oregon. These plans are in addition to plans required by the Building Division and should include only those sheets relating to public improvements. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans, a street opening permit or construction compliance agreement has been executed, a developer-engineer agreement has been executed, and all permit fees have been paid. 3. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the plans but prior to starting any work on the site. The applicant, applicant's engineer, and contractor shall attend this meeting before receiving approved plans and permits. 4. The applicant shall submit storm drainage details as part of the public improvement plans. Plans shall include calculations and a topographic map of the storm drainage basin. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be noted. If the calculations and plans show that storm water from the site will not flow to the existing catch basin in Mountain View Lane east of the site or that catch basin cannot accommodate the storm water from the site, the applicant shall provide appropriate features on the site to accommodate that storm water. Page 14 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) 5. The applicant shall dedicate to the City right of way for SW Mountain View Lane adjoining the site frontage substantially as shown on the preliminary plat and shall dedicate street reserve strips as directed by the Engineering Department. The description of the dedications shall be tied to the right of way centerline. The dedication shall be on City forms. Instructions are available from the Engineering Department. 6. The applicant shall improve Mountain View Lane to City standards within the right of way dedicated from the site, including sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, street lights, a street stub barricade and underground utilities, except as otherwise authorized by the City Engineer. Improvements shall be designed and built to local street standards. 7. The applicant shall submit to the Planning Division a covenant that applies to the owner of the proposed northwest lot and shall file the approved covenant with the deed to that lot. The covenant shall require the owner of that lot to: a. Participate in maintenance of the private driveway that serves that lot between the site and 97th Avenue; and b. Pave the private driveway with a minimum 10-foot section within 90 days after completion of the future public street that occupies the existing easement for that driveway between the edge of the improved portion of the public right of way and the edge of the lot; and c. Pave an emergency vehicle turn-around on or adjoining the private driveway when the owner is required to pave the private driveway, unless the Planning Division concludes that the length of the private driveway is less than 150 feet. 8. The applicant shall establish an emergency vehicle turn-around at the east end of the private driveway on or adjoining the easement for that driveway. That turn-around shall comply with requirements of the Tualatin Valley Fire and Rescue District. It shall be improved with at least a gravel surface. The turn-around may be removed if the Planning Division finds the private driveway is less than 150 feet long after construction of the public street between the site and 97th Avenue. 9. The applicant shall comply with the following requirements for the private street extending north of Mountain View Lane: a. Grant a minimum 25-foot wide easement for the private street; b. Improve that easement with a minimum 20-foot paved section or guarantee its improvement in a form approved by the City Attorney; c. Submit plan and profile drawings and cross section details of the proposed private street and associated storm drain system as part of the public improvement plans; d. Post the private street with signs prohibiting parking on both sides; e. Post a sign noting the drive is private at the drive's intersection with Mountain View Lane; f. Place a note on tha final plat that the street is private; and Page 15 - Hearings Officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) g. Submit a covenant that applies to the northeast and middle lots to the Planning Division for review and approval and file the approved covenant with the deeds to those lots. The covenant shall require the owners of those lots to participate equally in the maintenance of the private street. 10. The applicant shall submit and receive approval of an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook," November, 1989. 11. The applicant shall submit a survey identifying the type and size of all trees more than 6 inches in diameter measured 4 feet above grade. The survey shall identify which trees are to be preserved and which trees are to be removed for either construction of public improvements and utilities and for construction of buildings on each 10L Thapplicant shall obtain a tree cutting permit before removing any trees from the property. The applicant also shall include a note on the face of the final plat stating that owners of lots in the subdivision shall obtain a tree cutting permit before removing any trees more than 6 inches in diameter measured 4 feet above grade, and shall note that a tree survey is available at the Planning Division to facilitate compliance with this requirement. The Planning Division may require the applicant or future owners of lots to provide an arborist to review the plans for grading and tree protection. The arborist or City may prescribe protective measures for trees to be retained on the site. A copy of the tree removal permit shall be available on-site during all tree removal and grading activities. Contact Victor Adonri in the Planning Division. 12. The applicant shall pay a fee in lieu of construction of a water quality facility as authorized by USA Resolution and Order No. 91-47 and its amendments. This fee is paid in two installments. The first portion is paid before the City issues permits to construct public and private streets. The second portion is paid before the City issues a building permit on each lot. The applicant shall include a note on the final plat stating that the owners of each lot shall pay the proportionate share of the second fee before a building permit is issued for each lot. 13. The applicant shall submit a plan showing utilities for existing buildings. If the utilities cross new property lines, then the applicant shall grant utility easements as needed. Contact Brad Roast in the Building Division. 14. The applicant shall submit a grading plan showing existing and proposed contours and typical finished floor elevations on each lot, including the elevation at four corners of the floor plan tied to the top of the curb elevations as shown on the public improvement plans. 15. The applicant shall amend the preliminary plat to provide a minimum of 25 feet of frontage on the private street for the middle lot. Contact Ron Pomeroy in the Planning Division. SUBDIVISION APPROVAL 18 MONTH OF THE EFFECTIVE O RECORDED DATE OF THIS DECISION. AT this 20thi'd Octob r, 1992. I/ A Larry Epste' a gs Officer Page 16 - Hearings officer decision SUB 92-OOIOIVAR 92-0018 (Mountain View Estates) 0 p~ v r\ y0~~ TI SE E w a w Q S. W. S.W. I I IN 0 n s TWALITY JUNIOR HIGH SCHOOL 0 TO