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CPR 15-81
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] 11.14. r. hNr •SUMMERL?�KE II CPR 15-81 ---(•Me1 Stoudt) 1�riart Dev., Co. 1S1 33D I • . ;r' YI.:... k..., «.,' .». .:,.. , ,:.r.rr ,. .:. , .�.,r.„'."M—., ....i.,. ._. _._«.a„4..n.., ..].,,..,,x�. .....-.. .,..+11 ...+— ,4,,,...M ._r . t rr u i. y. F , i ti is r ill , 11 i 1, q, ot • I I' w i 0 :lel,; w _ ( e 11 r s ENI_, F CONI E it k SEE ALSO 1, , LEFT SIDE R IG T SIDE �.., A3:;essprit s Map "laps/Preliminary Plat N f e r1 \ !ecYa.l Desfcruipttiorr:rti/Detei dr ncurroud:ng PropertyNotce Letter oAhza ,S Affidavit of mailing _Copies of Correspondence with Applicant , Agency/NPO Notice Public Input ., Affidavit of Publication _ ___Agency/NPO Comments , P L +f E J�..J4 OT1& , p ( )_ - �° :..�. it../0„..6.,,, ,,,,s Articles/Notices from Ti Staff Re cert s Dates} ,�� t� f�'� w f. �r kis . ; r�e)14= fid_. #6,t-r74/10:-LL------- r, t' Application/Narrative Minutes of 'teetings , :,,, Plahnin Commission-Dat► ,__ F sial Action Notice ' C i ty Council.--Date 1, y Resolution No, Y2i2Date 2 prriinance No\ Date Corrc\spor'rdence After Approval 4 SUMMARY IM,?i Approved Denied No. of Lots No of Pbass ge �.al � qac. V' 1 c e t i Plat Recording , Name #ot k/4 age No., & 'Date Addi t iorial, hhas s Ret:orded W ,.,,, ,.:, , , ,_ ?.a;t,j (nook/Pae No.,) , { �1 t sO6fs ' L! b �1 \�v , tf \ �,. u. t y IP, It If 31 MEMORANDUM TO; Community Development Dept,, stiff F7.'3H: Keith Liden, Senior Planner I E: Summerlake/130th Av nue , DATE: March 27, 1989 The question hasbeen raised regarding rationale behind the platting of lots 94-97 of Summerlake subdivision which partially block the future extension of 130th Avenue (copy of plat attached). At the time decisions were made involvingthis development,pthe "Framework Plan" � adoptedby the Planning. Commission on May 17,1977 and the NPO #7 Neighborhood plan, adopted in 1979 +, (Ordinance 79-11), were in affect. Both plans did not call for the northerly extension of 130th Avenue past what is now Hawks Beard Eta et. A portion of the attached NPO #7 Plan map illustrates this intention. Following theplattin of this subdivision, the Comprehensive Ilan was revised 130th Avenue & Scholls Ferry Roao. in November, d to include the extensi©n. �fII 1983. 62*?*- I5-et I • k j y . . __ , ___ _ ,_, _ _ _ _____.; . .......4, IN. , .e6.,_,, r.(,,.) _25_, z ,: 7,,iilt,16.51..6 2..t,g.,.z...a ..11011_77 - __ - 4p , i+ 4t :r . 11$4!)44'i„, ,w v /7GG ti Jr,..-- 7`o ty - S.? : ,of.3; fir fa • s j r�� /K H a .5.: • 'OCA • s. 00 = I�°'� ICIq .. • �t / .S `10. 21)./G 0 r ..--- L 7 .. / 3,.t n cls' ¢ •° o ,o W. ,s 4t 4 LI9. - Itv�' - +�,1'34"•W' 1 - fir. oo' a ic•ab' - 7,� : 44,�z .l_ri..y - ` ly x7 j K• ii?io'i;"W 4, 4 „301 - '. -,N'� ��- dcc 6 0n° 41'4” A, `° t lot-74 ( • j "t~ 1 • ti w�j 9 moo. v' � ��� „ r` eG '� - Z • a /- "' -tet . Iq *. 1.: _ o `� �'` �_ r�J �ti)1=OS'��,n� L�. _ Qas1 `� •t &C : �' ;�• 1'�•� • iG a �. ► -i� rte. ''► Op . 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'� • t a f 1► I i n a IGG`� c� z :•I1.1'1 }, Citic o ci. F I01 '�l'Fy. kJ - N O y4 49 0(i''t N N.0 Ota�4-W ‘,.1 `� lOb:010 IOtP•►p1 93;?i I 'Ct t►� -1c� tib t a -1'xle, Vale, loo.o�. �b .v� - a• _w__ - ; �� ,y� `t�' or, ' ._ : xtvz3 0.4.- _ 0 t. 1,,, : a - N 0 I'31 W y��I`51�i�'w.,�.�na • f � G 10@�tl0 '� any ,,9L' 1- 0 -ir i. a O kr at fr ,�,fi a 'It. s ,''''..211;4/11C1.!-: -46 .n �� I tiXl- SCCA SII:' OCtf o - a ` ' ; e _ ILO- Vct.„. ...11.1,_ • --3:0- ff 11'1 G; 'a- tYt.� Go�30 a�';©Y! v- =1_d b„!r4 T,l yi. 2�z Gy 2o.oa - i:x t,o: Pewe �rttyr To.1Nt arty - - • _ • ,, a,y -j .. . :ice.',ZF. � 4 '�,� J 1 i• • •• • • • a • i 1 'w•R a • t • 1 •� I �c�.-.._� .-_ .*t, . - - •••.•.••:• - •• • • t = f. • . . • ♦ ••'T-►l,'. • • •-•.! • ....•...4.I - _ A .- ••i• • 0 • •• = 4 is • f� _• • • • • • • a • • , • •• ••• • •�� • e •' - I r.,.... 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'...: i..n:.....-..,. .. ..,. ,..._., ,...,.. ......... ........ ten„ ... ... ..... ,ill ., jt MEMORANDUM 1' To: Building wnspec tion Division June 5, 198611 fi FROM: Keith Liden, Senior Planner /kV �' SUBJECT: S:atback Tequiiirements 'for Summer Lake' )/'''l City change, development and subdivisiOn In 19'78,, the granted, zone planned. �, 41, approval for Summer Lake (ZCPD 28-77, S 8-78) . Although not specifically ,;a noted In the decision, special setbacks were also intended for this development. After discussing thin issue with Bill Monahan, Planni' g DirectorArthur Lutz sent a letteof confirmation dated June 14, 1983 (see CPI.) 15-81) . The agreement called for 4 ft. side yards for single and multi-story buildings, 18 ft. front yards, and 15 ft. rear yards. ' . o On July 9, 1985, the City gra,ntrA approval to develop the remaining phases, Of Summer Lake (S 11-85) . This approval only dealt with the t did not affect (for the most part) , Creation of additional lots and t the ora in-il planned developpment approval. developmentThe p -7( (Residential, , units/acre, Planned r Deveopment) zone swhich has s ecif iic c)setbackrequirements. The applicable ' setbacks for all phases of Summer Lake noted below represent a combination r of the Summer Lake ,and R-7 zone requirements with the least restrictive standard being applied. SETBACK. REQUIREMENTS _ter Front yard 15 feet near yard. 15 feet Side yard 4 feet Corner lot 10 feet for each side facing a street Garage setback - 3.8 feet between front of garage and property line ..c.*(ta.k eIC:Ilf)''' I i rIli /41 'i _tel. 1 Jr'_ '�,4 i ,e."-,--- y • 1. 'i i lio.rit TO FILE r , /0 ` ,` DATE: � . , � #" » /s.12,/ " /F le ( M BY: :_,,!'j L4 .,,/r1 `+ ► dL. 'w n..�/►.7 °° . . : = .._ Tse !° *V1.7`' "c=:..S �..1 T5 (" 1,, . 1 t", ' } , s. .... i I , iry , 1.1 ,, 14 - i q , AX!HUR & ASSOClAT : s ,� ,t am"►`'°'*� i , , Real Estate, Inc. l' ; �nn�nark�.1_t3'T� ' '', \ A Res:(503)297-4600 .,...t..- Y '` / I (603)297-3960•5120 SW Hewett Blvd. • Portland,©R 97221 , 1 , , . \ ..,,.. 1 il„. ,, _ r , T , . 1=� �{ 0. --- n J-- 1 t ��5G 4k.,‘,...) _ 1,faii a ,611 ; f a 1 'I4 130 129 128 � 6 :11. �. "' 123 12' 127 Mill '124atliii 121 9 !' . I ' 120 10 *114 116 1171 "`--,..._ 111� 119 ' , r I I113 , b 1 1' '112 13I 1 ,.'i, 11114 1'10' r6 '�' is 1 109 16i,... ._ ' 9t` 100 107 18 9899 96 101 106 , `! • l 95 102RN 20 i i • i4 1t�3 « ill , . 24 , • 92 91 0 89 88.87 86 •" 'b '`..ti ```�, I rr . 85 26 33 �i ., ` ,,,,,,„,,''')10 - 28 ...4',' '' : b "`, 2930 $2 3 45 43 '' "'mow ,,.k 4�i71 , 3/4 4'2 . 36 36 63 � ;.01 61 r 1 M w 1 f &uw 50 66 aa6 ''` +I 79 51r 1 r62 53 66 76 66 �: 72 6# I , ,,,,-„,,,, „,_, ,,....„,,. ..,. .. 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A gHl�1101, 14 i' • CITYO1GAD October 29, 1984 :' SHINGTON COUNTY,OREGON I•. • Mr. Stephen Biddle David Evans and A sociates 262 SW Corbett Avenue w Portland'i' Oregon 97201 I . Dear Mr. Biddle: o I have reviewed your request to amend the location of the street trees that remain to be planted in the Summerlake Subdivision. The modification described it your letter of October 25, 1984, is Consistent with the intent of - the original approval and therefore is approved by the Planning Director. Si�lcerly, Keith S. Lide;t Associate Planner (KST.,:cz/0750P) . . x"58 8 .ASH BOX 23307 0H8C``iC7N 97223 f H.b39 4. . 191111 C-_-_ ,)(cgO) DAVID CVF't(l3 Fins A330CIATE5, 2626 5W CORBETT AVEf1UE PORTLAfiD,°REGOO 97201 503/223.6663 October 25, 1984 File No. AMT002 0 13 AV' 117'11 MrKeith Liden 0 � 1 $� City of Tigard 12755 S.W. Ash Tigard, Oregon 97223 ITIS OF TIC RD PLANNING DEP 1 , ll.� Re: LANDSCAPING REQtJIREMENTSr SUMMER LAKE SUBDIVISION Dear Mr hideri: 7,\<-1The initial landscape p lan required one tree per lot line, With th actual plantings commencing in 1979. W :hn the :Last five (5) • yeare, numerous homes have peen constructed and professionally landscaped to standards exceeding initial requirements within theright-off-way. As Per our phone conversationyesterday, would like to propcL5Y=, the following landscape plan for the. re- maning 125 trees. 1. Where landscaping currently - do nothing-p gexistsg - 2. Where homes are currerclay under construction - plant one -•ree per lot 3. Vacant lots - plant one tree per lot line. 4. Tree: remaining of r `mplement tion of plane 2 and, placepathway easement btween Summer Lake b.. 3 in Drive and Glacier r,il and each of the Lily, pathways be- tween Glacier Lily and the main pathway on the north side of the lakes. All the � placed, with trues initially intended to be planted. will b change to be their actual location. I feel. only intended ' thatproposal Will meet or exceed the initial requirements.this ro cis al �i��; should have questions or need additional information pease contact me. -, is tJD .. .,.-.. ..'., ...................:...... ....a.......,. .,1.„.i�`.1 .�,... ........ ,. _ „. .,.. .. a.. „x,.. ,-. .., .,a..,. .,.. r.Mx.. -,...nM.:�n�'�a76A.M.+.,,v Mr. Keith Liden October 25, 1984 page two Your earliest consid(4ration of this matter would be greatly appreciate Very truly yours, DAVID EVANS AND ASSOCIATES, ; INC. Stephen Construction Inspector 01 is ... 5D i1 :ree Vii`n z I • A '''--1.- t II, e 'Z'% (k, . 1j June'� 14 1983 1x Arthur A. Lutz ,.` ' 12O :,s3..W. Hewett 1E1at Pt rt 1 and, Oregon 97221 PLANNING DEPT Mr. a.uc 1,1 Mon`rol�lan 4 )1„, Di rector of Planning City of TIga 12755 S.t,, t Ash P'.C. Box 23397 Tigard,d,, Oregon 97223 I Dear Mr. Monohan , r Thank you for the prompt respon and resolution to our inquiry r e A the setbacks in mart Summer Lake for our zero lot line ! ou' ng b l As we understand. your approval, prova? ►:i 6;li ts the side setbacie to 4 feet on eith, r side 'tor single level Or multi -1 vel homes- The front ivi to be 18 feet from the fro-'t ;6roper-ty line and the rear set back is to be 15 feet from thre roar- prvperty line. ?”. 7 Sincerely,y, i ,o...1, d',.:141t, ''''... t(71"; Ar hu-r- A. Lutz j '11.- } �, l'''uthm.an tahran 'i r X ,,1 • �{ kurahashi _ ,t1 f y s incorporated "'ti 11 1, \ � M r pldnnerG 12)..') a l\ JUN l o 190 1.3 June 1983 U11Y u; 1tU 1 � j. PLANNitiG DEP1. Mr. William A. Monahan 4 Director of Planning ! 1 City;of Tigard 12755 S. W. Ash .• P. O. Box 23397 Tigard, OR 97223 RE: Amart Summer Lake Dear Mr. Monahan: b ' Our firm has been retained by Art Lutz to design the "zero lot line ' I` < detached patio homes" project that was presented to you in a letter 4 dated May26 198 k We have' prepared the site plan, existing utility p plan and outlined our setback plan per your request. The existing eight lots are 41.97 x 100 except for the two corner lots which are a little wider. Typically in Summer Lake, these lots have accoti iodated duplex, zero lot line attached structures. In the past two Years, another form:.. of zero lot line housing, 'he detached patio home, has had favorable response because of its close relationship to the tradi- tional I' preference; the single family detached home. Thepatio homes �from1100 to 1500 square. feet.• The will range in size homes will be detached, having a minimum three foot setback from side lines to avoid construction of costly firewalls, to allow property ' light into the house and to provide access to the rear yards. Front setbacks are 18 feet and rear setbacks are 4esignated as 15 feet as originally platted. This row nf' l ots abuts a single family detached phase of Summer Lake, massing, the detachdpatio homes provide so in appearance a+nd � will pr^ovide c an appropriate transition from the duplex structures to the $ ingl e fami y detache,i structures to the south. The houses a^e all being designed tNo present art interesting continuity - along S. W. hawks Beard Street. Materials and coli ws of the houses will he compatible with the architectural theme that hs been e` tabl ishe in Summer Lake. We feel the patio homes will offer another destrable x avail able i n the S�.� lmer., small lot housing alalternative not present.�- v take deielop' , meat. The Changes requested do riot increase densities, change boundaries, or change any use. We would like to begin construction as scon as possible and hope that our program meets your approval . If yo ; have any questions, p=ease give me call i I Sin illy! ,tea. wu— < 1—**Vt''''' I !,-*\‘,...ii,..'' ''''''ssfil 11..0 6Ark.#7:4Y410004 Ralf O. T'ahran.. A.14A. Planning 9 Director r TM Incorporated 15113 S,W,Soon s Ferry 1ld. Lake Oswego v,aregorl 91034 (5O3) 1i/24i-O358 ..,.. ( 41 , („,„,„,,,h,,„,,„„•,,,,,g,. ,, , '+t 'yk CITY'OF 'If&lit') K WASHINGTON COl7NTY,OREGON June 3, 1933 klr. Arthur A. Lutz 3120 S.W. Hewitt Boulevard Portland, OR 97221 ttE: hurt Summer Lake Deal:': Mr. Lutz, In your recent letter dated May 31, 1983, yo: .expressed interest in your approved vroject to allow flexibility to include detached zero lot line homes. To receive apprval of your concept, you must file for a Minor Change to your planned ce, l,opment in accordance with Tigard Municipal COde section 18.56.160,, This change mat be aPProVad by me since the charge does not increase the densities, change boundaries ', or change any use. If, however, your proposal would result in such a boundary or use, ywould have to apply for modification to density, you a major change whichinvolves the Planning CottErlissio . and City Council. ltn order that I may review your request I require: 1. A site planshowing how th x bui'dings would be sited in to existing relationbuildings. 2. A utility plan r 3. A descr'!;ption of the setbacks wb "ch you expect to employ 1111 41 4. A narrative explaining the jo.stific.etion for the, modification. Upon receipt of the above information, I will promptly process your request. Sincerely,,, *,M i l iam A, mo ah .n `Il t irector of Piano.ing, & Del 4l.opment . :pJ r 12755 SW ASH PPC),'BOX 28351 i1 ARD,;011EGt N 97V3 PH:63941 71 ..., .�. ' t { ..... .... ... .,.....:.._.. .._. .:. ,. .. .. ..,:,.... ,.., ...w.✓..'.. „..xh 1 .. +1 t , ,. :.ver iY'YI4 SNrMrv(lMgll, ....w., ' / ° i r ' I. " , 16) "4 May 31 1/83 1 IY3 . 1 3 �� Artht,�drA. Lutz 5120 S.0,1. .tt Blvd CI 1 Y T I GAR Porr t liknd a Or 97221 '- PLANNINa DEP Mr. Bill Monohan Director of Planning City of Tigard 12755 'S.W. Ash P.O.Bo< 23397 Ti gar'd,, Oregon Dear Mr. Morahan a Summer Lake located presently the owner of a PD named ���tar•t, Su ,, I am r�esew�at� off Schol l s Ferry Road in The City of Tigard. As you iTk y already know Summer Lake was approved for zero lot � . '1 the hor;.�.s�4th nin phase A, and phase 11i). We launched i. ,pr'rsj e.�t with attaci is d duplex housing an d 'they proved successful n the • {i� ho� ever market conditions and economic condtions have slawwdsa� point �hefe it is no longer financiail1y practical t � continue with our initial concept. would like to have the flexibility. to ;i nc I _ l u�de a new product on t l y cats ;�.-*�4 and il`5,��-''�3. , This new product will. be a ctetached ze�O lot line home. Detacsved housing is currently selling at a better rate than all forrris of attached homes. These homes have more (:)ften been called Patio Homes or Garden I-comes a, etc. ,anmi during cur-rent market co ndi t.i c ns I -Feel that sales would he si lr i f i cantl y higher- if a different product choice could be offf:9red wo the public. Timing. is; cry i ti cal,, and lam not sure Whether or not there 'i s procedural change r-equirred by the cityr since it t.,'4a.s approved in beginning, herefore I needadvice as to what I must do the '�nnin .. "�' �, your your earliest at canver i'nce , t ,.;Y office i cep 684-1020 , or a my home- 297-- ee call meat4 + Sin ely • Arthur A. '..uxz. n ° rr t _, • CI1YOFTIQAiD December 1, 1982 WASHINGTON COUNTY,OREGON V B Mr. Dennis run Brun, Moreland, 0hrstopher ,X 1020 S'.'W. l0th Ave Portland, Oregon 97205 1 1E Summer Lake - Dear M J r. Brun, ' I have had an opportunity to review the landscape plan which a for Summer Lake on. November submitted 30, 1982. Please be advised that thelan as prepared by Linda T. Potter meets my P approval. A copy of the approved plan is enclosed. Sinro_rel William A. Monahan Director of Planning & Development WAMdmj enol ri. .127$6 SW ASH PA SOX 23397 1iGARb,OREGON 97223 PH:839-4171. ... Gynkii,na '. ,September 7, 1932 CITYO11YI6ARD WASHINGTON COUNTY,OREGON Mr.r J;nYis J. Brun, President Brun; Moreland, Christopher A rchitt.ct 1020 S./. Tenth Avenue Portland, Oregon 97205 w RE:- �4ummerlake `Garden Homes Dear. Mr. Brun-;-. Pursuant to your letter Of September 2 1982 concerning the Summerlake Garden Homes, I have reviewed your plans, 'pari ticul oly , the proposed setback revisions to lots 1 through 22. I I also reviewed the existing file for this project back to 1977. It appears that the City Council in March of 19,78 gave authorization t \ to the p lannzxg director to approve variances from t he setback ' .? re a .rements of. the Citycode. Based on that authorityi , -¢ hereby approve the varied front and rear i yard setbacks proposed in your August 81, 19.82 site plan. I ul derstand that this , „ approval does not result in an increase in density. xntiy only concerns relate to the need for adequate landscaping 0 the front of the properties between buildings, and streets and the needed adjustment of lot lines .on plots 19 and 20. Th("„rfore, I would like to review a landscape plan showing your .antin program for g; p g pror.)erties fronting on S.W. Summer Lake Drive, S.W. Burdock Street, and S.W.: Spike -Rush Court. . In ,k-- addition you mei.tioned during our meeting onl September 2, 19 82 4 accomodate the proposedplots ° l9 and 20 may be adjusted to garage configurations. ons I Would like to see a revised plan showing yourproposed revisions to remedy ec y this s itu.aton.. ) documents ear:�isP oonen .enc g ted at your Pl:eaise provide the. e _ which I have re ues Sincerely, « l -'- " - '''''''°::.,.e- .- 4'' 4''',' Will• iam A. Monahan Director of Planning and Development rVs, I Wr yy t{ w C`s.....,—,„..._ . rGf y }55 w A7H '.CwEO��5��� TIAR } OSGCN 97223 #� .w639417i , r ,„.. ...:: .. .... r ,A Sit k February 16, 1982 ,;. i i I 4 } iEFF{RENCE: CPR 15-81 AMART;APPEAL Please take, notice that on February 8, 1982, the Tigard City Council adopted, a final order denying the above application, filed by. AMART ; Development, Inch The signed final order, along with accompanying( I q findings and 'conclusions, was filed with the Pluming D.;,rector and , City Recorder on February 9, 1982. x � pran1, A. Currie, P1 znning Dxrec Lor City of Tigard • • FAC:dm 7 - 4•y • �0/llu/ib�n �11\ CI1YOFTIQPD WASHINGTON COUNTY OREGON February 16, 1982 Phil I�i�llar - AMZ RT e;f wancy Calhnell. • Bruce Parker gteve Kallio Mark Zim`l REFERENCE: Com:. '.5-81 ANNART APPEAT,,' Please make notice that on February 8, 1982, the' Tigard City Council final order denyingthe above application, filed by: .AMA T adc�pted a Pp •, Development, Inc The signed finial order., .along with . ccompanying findings and conclusions, was filed with the Planning Director and City Recorder on February 9, 1982. Frank A. Currie, Planning Director i City of Tigard FAC:dmj t • • 12756 SW ASIS BOX 28897 I A tk ,COE EGOW'91'223 PHx(1394111 a', ! , .,4 L.1-a a'«a a M a,W \ a,4'41..a a a.N. 4."ti tl,wq«i: .4 w Ny .M M+MI v.Wi 'Y, .a a - Yk- a Cr "r MY W«f'4,KC 1,',a, 4.w.h«We-a ,a'a.V.Nu.Yz W',w W, M X41.Ni 0.vi V....M.'WI.gym.-4 .a,;',I.',, W+Vw«V«W ✓ • 't 4 f 7 Ci'l'e'''''14 ,. ,> ..,...4 1. is , _ f f,/e.-.„ 47(.I.,...r.) Cu ,i',, 'C.,,t;ii ',t,,,,1",,../e,.\',..,,,,( , '',),.,/,,,(Lin,....00..1/r,7,,,,Itt, . ' . l" /, i6-. , , , , e ' r I Y , , . /< 1,5, - g J „ie., , ..,,,t,i.z.. , A /11-1,-- (..p. "1,-,. .,tai,-\ Ic-;.,‘ '''6;7 r 4 l ,, /p ..A. -- -' ,,,, 6 ,,A - ; 4r � ' A 'I; '''t,f.\ ' ,,O,„,4t,--' 'ci i 6 2,, ', ' , ' -''', i i I/ •' . RESOLUTION NO. 82-- BEFORE 2--BEFORE ';THE CITY COUNCIL OF TIGARD, OREGON IN RE: Appeal of AMART ) CPR,,15-81 �< DEVELOPMENT, LTD. } INAL ORDER THIS MATTER came before the Tigard City Council for :a public hearing on January 25, 1982, upon the appeal of AMART DEVELOPMENT, LTD. The decision from which this appeal was take'll was a :rzounced • by the Tigard Planning Commission on November. 100 198l r following a public is hearing-01 appellant's request for Co nprehensive Plan change from R-7 Urban Low Density to A-12 PD Urban Medium Density Development and for a Preliminary Plan Review. The. subject property is located north of Southwest Katherine between Southwest 126th and Southwest 128th (Washington County' Tax Map 151 33D, Tax Lot 100) . The Planning Commission unanimously denied the request, basedon the findings of fact and conclusions of law contained in the Staff Report and on testimony heard by the Commission. Appellant filed its Notice of Appeal, dated November 25, 1981, charging error in thePlanning Commission's decision in that: "A►ter careful review of the testimony in opposition and comments of the. Planning Commission, very ;few facts were presented supporting denial of the proposal. The major issues of con pat ibility of proposed housing types with existing neighborhoods and capac t of proposed streets were not deemed incompatible or U iaooeptable by the, : pre- sentation of facts with, the exception that the proposal is'` in Conflict with the NPO 47 Plan. AllAll �� Lreq.v ce...r s for change are inherently in conflict with existing plays but citythe• uhas shown a desire to increase density in the area and the proposal responds to thatwt CXttac hm ent to Notice of Appeal) /Ei _. T'I'� C� R Reg c ut it No. 8 - . 1 + s F is The appellant alleged that its interests were damaged by „ ' the Planning Commission°s decision in that; "The applicant desires to build primarily single family , homes on small lots in order to maintain construction quality but reduce overall cost,.a and; thereby provide homes on lots that people can atford, Most affordable - (twenty Percent of the proposed living units) would be condominiums which would not b6 built on lots but would ' Thataccomplished under allow home ownership. cannot be the existingComprehensive Plan designation nfor sR-7 Comprehensive ,- tx.on of . g the site but_ could be accomplished through a Plan Revision to A-12. Consequently the Planning' Commission decision to deny the change to A-12 does not allow the applicant to provide the city with the proposed ' . affordable homes. " (Attachment to Notice of Appeal) The appeal heard City Council under Rule p was de novo by the 4 of City 'of Tigard Ordinance NO. 81-68. Upon consideration of the Planning Commission recommendation, the record in this case and. the public testimony 2 1982, the City limon heard on. January ..5,� Council makes the following findings of fact and conclusions of law. STANDARDS APPLICABLE TO COMPREHENSIVE PLAN CHANGE pp a' i s• to the � must Approval of ; reams icon Tigard Comprehensive Plan 'm'u.� be based, on findings and conclusions demonstrating that the change is consistent with the goals and policies stated in the Compre- hensive Plan. Because 4.he TigardComprehensive Plan has not yet beenr , ` ac�nowled ed b . LCDC as 1n Com l�.ance with the State-wide Planning Goals the proponent of a plan change must also ,` compliance With those Goals. The City Council has demonstrate considered the applicants requested Comprehensive plan change ; in the light of this applicable Comprehensive Pian Policies and State Wi ., .g I de Planning Goals �nd enters the fc�llowl.n findings and • conclusions. ORDER RESOLXDTIO Niti, 82- / ... .,. . .n .....v a m...a ‘.y/ n ,� M � j r • TIGA.RD COMPREHENSIVE PLAN Findings. The subject property is locatedwithin the area of Neighborhood. Planning Organization #7. The NPO #7 Draft Plan is used b ythe City of Tigard as a policy guide for land use decisions concerning property within that planning area. Conclusion. The Comprehensive Policies direc+-ly relevant rthe subject t pp n are the Goals in the NPO #7 Draft t� sorb ec�t a licatio Plan. • Goal 1 States the city's intention to limit population aQ in the planning area to 115,000, with four categories of , residential density to "accommodate the housing needs of different family sizes and income" . Goal 1 further states' "The density of population influences the character of residential areas and determines the demand for public • facilities and services in different parts of the city. The citizens of the community should know thF� density of development that is planned for different pas'ts of ;thy: city as' it affects their own neighborhoods. City officials need to know the demands for different pubic facilities and services in dif _ the city." w �ferent parts of tn� Findings. The proposed Comprehensive Plan change Would increase population by 519 over the projected estimate contained in the applicant's prior developTn,ent plan for the subject property. The applicont proposed medium density housing in 'tbR form of attached single iamilY dwellingsr clustered single familY units and condotiniums. The proposed development is 'Jott�h of Summer Lakede a I , velapecl, low-density subdivision consisting primarily` ' dwellin s on7 0 0 0 s ware foot lots. tow density of single family ► g. .I x . ds zoned R . nei h hoo located to the � single, family g bor 7 are also 4 , east, south and southwest of the subject property. Undeveloped tto exisit Residential use is located 9` for Urban 1�©w b� y l��r�G designated,..e - `11+TAT�� ORDER OL��1 X b t No. a ! ` 1p n to the northeast, east, southwest and west of the subject property, 1 p parceldirectly snbject the exception of a ,,mall. west of the .���b ect' property which is designated for Urban Medium Dens:'.ty Residential ,< use. The subject property is located. south of Southwest of , Scholls Highway and would dependon " 130th Avenue and 128th Avenue, a local, street, foi traffic access to a main arterial, The site is net. adjacent'to a main arterial. The site is designated Urban ..ow Density on both the Tigard Comprehensive Plan Mapand the NPOParr M� p #7 MaP. Test�.mon � 'at the hearing indicated that property owners in adjacent neighbor- hoods purchased their homes because of the area's low-density - character and in partial reliance on the designation of the subject property for low-density resxe;tial development.ent. Th NPO #7 Plan Map designates areas along major arterials, including ' Sot,thwest Scholls Highway to the north of the Subject property, for medium density residential use. 4, conclusions. The requested Comprehensive P2.an change .,,,. violates Goal 1 because it represents an i'';tr.usion of medium- , ial use into a developed and designated't,:e y�.d:en-� p lowy density residential area. The proposed develQpmeat is inconsis- tent with the character of surrounding neighborhoods. Its (/ density is contrary to the expectations of citizens in adla; ent • neighborhoods and. to the Projections � �' officials in ` made byc�.t „ anticipating demands for public fa\;ciiIties and services in the d area. NPO #7 Draft Plan provides for a range of residential uses within the area to serve different fatriily sizes and i.,naames and I • has designated developable land With dirept access to main traffic • arterials for medium -denst.ty residential use 4 PI1 AL ORDER ® ' b :or,.T rrniirniJ 1+ " 1 � , Goal 2. -- "The Comprehnsive Plan recognizes p g izes tre established neighborhoods oda and seeks to y,�resex�,��� and �� of existingnea. Y hborho enhance existing neighborhood values. Future development proposals should he sensitive to the concern Of citizens for their own immediate environment as well as tc the well-being of fi the city as a whole. " Findings. NPO #7 Plan Map designates the subject property and the 'bulk of surrounding property for low-density residential use. The character of developed neighborhoods P g immediately adjacent to the subject property is predominantly low-density applicant proposes an increase in density from residential. The ', • , approximately four single-family dwelling units per acre to approximately nine °nits per acre. Cork`usianse The proposed development would not preserve and enhance the existing low-density character of existing, adjacent neighborhoods. The proposal ignores the concerns of , T, adjacent property owners who considered the property's 'low- C' density residential designation in purchasing their homes. The , . p*:oposal violates Goal 2 and in light ofthe., is not justified availability of more appropriate sites within the: NPO 47 Plan area. designated for meditim-density residential use. C=oa:L - Recognizes the natural features that give the city a ro distinctive character and provide ide for their.. ► • protection 1 N , aid enhanorGnt of community liveability through creation of a grecynway system,, Fxnazn9s. ►4ummer Lake City, Pari is on, the northern boundary a �M. Tyr { � of the subject propertyarid a northh, drairagewayf lawing + Itt s W LlUTIO • iA S.`MW• V2.- f„,/...-• � Lake will remain undeveloped' as a greenway, The into Summer applicant has provided common open space and walkways connecting these features with school grounds to the east of the property and planned open space around Winter L&k(a on the property's western edge- - conclusion. The proposed Comprehensive Plan change and development plan is consistent with Goal 3. A Goal 4 Recognizes the inherent conflict between large volumes of directs major routes be designed . volumes cr�h,icl.e 'craffic�.c, and andloch 1 minimize those conflicts while prcrviding te�dsoas to an efficient circulation network: for motorists. The Goal - • further states that: "the mayor street pattern indicated in the ticity intends Coim reh..nsive Plan will jive notice as p �' �t��a how the route traff.� c volumes u1'Cce s in the future."' major ''�'_ Findings. Only two local capacity streets provide access c to theproperty 4 nd' they presently dead-end at the south and west boundaries' • construction of 130th AVenue �s a neighbor- boohood d collector through the site could help alleviate potential traffic problems. The ext,h�nsion of 1313th from the north connectingto S. W. 128tr. at. the 6ou.th rn boundary isthe only y through street proposed for this project. There is a potential for large volumes of traffic exiting` the property to the south and traveling on S. W. 12811+, Avenue, a local street leading low density through' a de`v 1 oiled., res dent± 11 neighborhood, S. alnu4-. Street presently , 128th Avenue and �. W. hake traffic leads ator beyond their capacity. VinallYt the, subject property is not l o e ated adjacent, toany arterial, 6 - P11'4.1111 01113ER Conclusions. Permitting medium-residential use of the subject property would violate Goal 4 because such use would introduce large volumes of traffic into developed, low-density neighborhood , Large volumes of traffic on t local streets - nei �' s, ets ,. �3.�Y�flic ° with residential values and pose a threat toneighbor- hood � . 1 na ' .sghbor-- hood `liveability. The existing street network is Lnadequate to meet influx of traffic entailed in the Proposed thy;+. ' p P development `' adequately demonstrated that proposed t and thea applicant has pP street improvements would satisfy the demand and succi ssfull eliminate the conflicts with adjoining residential neighborhoods. Goal 7 - Provides in relevant part that, `'the location pf schooland parks affects the liveability of Tigard's residential neighborhoods. Youngsters in the e elementary'- grades should be ; .- ableand to walk to school should not have to cross`' busy streets. " • Althcugh the proposed development is located adjacent to Mary Woodward Elementary .Cool in the Tigard School District, ,r the children residingin the development would not 11 attend this school. The 'subject Property is located in the. • Beaverton School District, and the nearest elementary school ately two to three serving the proposed development is approxim miles` away, on the, north side of sch:lLs ��� 'v Ferry Road. Written testimony fror t the Beavert on School District indicates that the bistrict has adequate, classroom spacc to hanc t.e the projected aumbet of N � st'udents reading In the proposed development. liowe;Xer x ' o des .wndica€1h p ' lon was .�a,�ed �n current d�.mograph��o � �� the ,Lu�.i e..u"�, � � ,Y s'� g , r - that conaomx,niums a,.d attached are purchased primarily by singles and amiliev without children. Other testimony indicated that housing oi! this type bay the famil µ. FINAL ORDtk S+ t3tt l i gel.* >,.,.. .. .,,� .A4 r �""'. : * • t;..r,.s +N ' r home of the future and that many more children may reside in the proposed development than P currently i ro 'ected,. conclusions. Location of a medium-density residential �. development n the subject property is inconsistent •wi r. th Goal 7, because children residing in the developmentwould have to travel more than two miles to the elementary s, hool serving the develop-- went. There was no testimony indicating that the nearby elementaryschool in the Tigard gard School District ^out.d' at, squa.tely ' serve the proposed development Nor was th ;re any substantial testimony as to whether it would be feasible to incorporate the subject;: property into the Tigard School District. Allowance of requested `Comprehensive Plan change would constitute a the � potential violation Of State-wideGoal 2 (see infra at `.�.1) , .. because of :.he lack of coordination between -local governmental. units and special, districts. _� �*�illc�� q° "The single- fay l..., .�haractra.� of the area desig- nated on th*a Plan M.ap, as. Urban Low Dens ty is viewed as a positive I asset. to be retained- Projects proposed for this area must be judged n accordito effects upon - � f fth1S character." Findmn i ate. See Findings on. Goal 2 s .pro Conclusions. 'h;-e proposed Comprehensive I` an change is s n " , ,'t° low-den ity :h: racier of surrounding inconsistent gra.a.h the { neighborhoods. The proposal would b=' detrimental to that character because of increased populatio ► density and increased automobile trefic and its attendant noise, fumeand risk o. a? cid s.nts on n i. thborhood Streets. i t, , f "," 8 - f/NAL O'iW R RrSC%ttTio tier 82.--y 1 I i 301 ick 8 "When developments are proposed in the Urban Low Density area for sites which include identified natural features worthy of preservation, the planned development concept shall be ,•, utilized if the Planning Commission determines it the best method C for preservation. " 4 , Findings. The proposal Is for a planned development which identifies adjacentnatural features and provides for their • preservation and incorporation into the overall plan. Conclusions. The proposed development conforms to Policy 8. Policy 9. "The mzximrum overall density of development will. be 12 dwelling units or :'29 persons per cfrOsa acre." • Findings. The proposed development's density y per gross' acre is 9.27 dwe?ling units. Conclusions. The proposed development is consistent with Policy 9. .�. � p . ~1rovi s tion ?�evelo menti will; PoI�.0coincide with the �. of public streets, water and sewerage facilities. These facilities shall be (ai capable of adequately serving all intervening a » Proertesas ��rellast p he proposed' development,` and (b) designed , o , to meet city or county standards. c Tho suhj et property served by a sewerline. • 4 Tanning north-south through the property. The property is served by S. W. 130th tenue connecting north to S. W. Scha. 1s Highway,. • ti. W 128th Avertie arid 8 W Falcon Rise Drive," both local. streets, presently dead-end at the soutzernand western boundaries of the property. . • onc u.. i-It�.or�s. For the same reasons cited in the conolus ions �- . under doa.l 4, s r the requested Comprehensive Plan change iolzDEg . Est 3 b oto: 8 �✓,'/�.... .. ..... . .,:,.., a`, r e r • } violates Policy 11„ :aecatase the applicant has not adequately demonstrated that existing and proposed streets in the area will ,;adequately serve the proposed development without substantial adverse impacts on adjacent residential neighborhoods The City Council has considered Policy Nos. 10, 12, 13, 14, - 22, by applicant in its development proposal. r 2�. and discussed the a l The City Council finds that the development as proposed provides } two separate accesses to collector streets and concludes that it would comply with Policy 21. It is concluded that, the other A °1icies discussed byapplicant are not. relevant to the City � - 'p�' � Council's determination of this application and that compliance with them would be determined during site design re'iiew. The • City ;Countil concurs with applicant'F; conclusion that Policy Nos. 15, 16, 17, 18, 19 and 20 are not applicable to this comprehensive Plan change propoSale STATE-WTDt PLANNING GOALS Goal • . GGOAL1 (Citizen Involvement) -�-� 1 requires the city 0, to provide opportunities for citizens to be involved in the decision-making process. � v Findings. Notice of the. �' ga.rd Planning Commission s hearing wasubs P'� hed► in the regard Times on October 29, 1:9 81: % and November 5, 19'81." Notice was ^ai ed to surrounding property . owners within ,?.,00 feet on October 30, 198l. Appropriate noti- • f i Cation of the City Crsurnci t hearing cm January 2 5;� 19 8 2; 1it s provided in conformance with the Tigard l‘ilurticipal Code. } i i n CltbtR ttg$0'',,,t1TIONS No. 82- !t, - . x , .d TM { • Ir { Conclusions. The hearing process involved in the city's consideration of the subject Comprehensive Plan change request conforms with Goal 1and citizens were given adequate opportunity to be involved in the decision GOAL 2 (Land Use Planning) - Goal 2 requires that (1) the City of Tigard have an adequate factual base for its decision, 2 the decision be consistent with the city's Comprehensive Plan, and (3) the needsconcerns other affected units of and of g ovc rnment be considered and accommodated :to the extent feasible. Findings. The city council, inndings, has demon- strated these f i the factual base for its deci...1.on. The findings and conclusions addre;-14sing theand policies oal,s p c• 7 Draft in' the NPC � raf Plan demonstrate that the requested Com re ynsiVe Plan change, � P does not conform to the Tigard Comprehensive Plan. The findings and conclusions concerning Goal 7, su,.ra , at 7, indicate a ' P. r potential' lack of coordination betwee Li` the City of Tigard and other aff eb ed local governments and districts with respect to '. 1 provisian of publc schools and distribution of classroom loads, wE _ if the pcaptsea development were approved as requested. • adequate factual base for the City. An Council's decision has been demonstrated. The requested, Comprehensive Plan change is inconsistent with applicable goals and policies of the Tigard Comprehensive Plan ar1d would entail a lack of coordination t eery :local governments, with respect to provision of public die w �' schools, in violation of coal- 2 Ia.�..;. Goal 3 re Lcul- uires that a r GOAL 3 ,�ttrx�u�a�.�aR� Lands) q �' tural lands be preserved and maintained for far. use. VM FINAL ORDER IzSb.L'�'� � +� � I P� 82- t.. * 1City s Thesubject Findings. su sect pra�erty is entirely within the of Tigard's Urban. Growth Boundary and, therefore, contains no agricultural land, Conclusions. Goal 3 is not applicable to the CityCouncil"s decision. GOAL 4 (Forest Lands' -- Goal 4 requires that forest lands be preserved and, maintained for forest uses. Findings. The subject prope,t.ty is entirely with the City • of Tigard's Urban Growth Boundary ,aa-cd, therefore, contains no land designated for forest use. Conclusions. Goal 4 is not applicable to the City Council's decision. GOAL 5 (Open Spaces, Scenic and Historic Areas and Natural . ? � -- qProtection of Resources) foal. 5 requires listed 'types of ' natural resources, including needed open sp.,.r: :;,,�, and sites/structures with historic or cultural significance. Findings. Summer Lake City park is on the northern boundary of the subject property and a drainageway flowing into Summer Lake bisects the property in a north-south direction. The Proposed developmentdesignates the drainageway 'as a greex►way and and enhance the resource value:. ; . ." of 5u�ner is designed to maintain �. Lake. Conclusions. The ed propos ' develop i . . with ,�, Ment ,z s in compliance } Coal 5, because It would, protect natural resources on the subject III property, GOAL 6 (Air, water and Land Resource QualitN 4- Goal 6 requires: ire protection of the air, water and land. `resource quality t of the state ' 12 - FINAL OTD R i it C t*nnm'rt N'et. ,Frr—= ti ayA I . . Findings. Public testimony indicated that` increased auto traffic on the local streets through the adjacent residential would be detrimental to air quaL.ty in those areas. neighborhoodseas There was insufficient evidence to establish a threw to compliance with or attainment of federal, state or local air quality standards. Increased volume and veloc',:,ty of storm runoff to ' fromthe development as a result of construction at a higher er densitymayincrease turbidity of Summer Lake and reduce its quality as a recreational resource. Conclusions. Approval of the requested Comprehensive Plan ittay •violate Goal 6 because of potential threats to air and water quality. 90AL 7 (Areas Subject to Natural Disasters zndHaZards) Coal 7 re ui es theprotection of life and q property from natural dizast'ers and hazards, . ) Findings. Public testimo...y indicated that Summer Lake has ' approached its capacity during certain periods of rainy weather in the past: Development of the subject property at an increased '' i density could add to the volume and velocity of storm runoff and exacerbate the potential flooding problem` in the, greenway. The ' record does not indicate the presence of any other natural hazards in the area Conclusions. The applicant has hot adequately addressed the impact of developing the subject property at an increased I I } r uno density storm r, tf and potential flooding inl 'she sumer L � e greenway aw n ' 8 -, ,' ILIAL o , f GOAL 8 (RecreationalNeeds) - - Goal 8 requires es governmental l 4 units that have responsibility for recreation, areas and favi? :*,:ties to plan for meeting the recreational needs of the citizens of the :tate and visitors. Finding Applicant has donated thea land around Summer Lake to the city andmade many of the mprove s during development nt of Summe:c Lake Phase 1. The proposed development is consistent with the Tigard Park and Open Space Plan. Conclusions., .she proposed development complies withGoal 8 . ' 'GC.AL; 9 (Economy of the State) Goal 9 requires the diver_si-- fication and improvement of the economy of the state. Findings. ,,evelopmo.nt of the subject property at the requested density, ins e.,:ad of for low density residential use for which it is presently designated,, will have no significant impact on the economy g of Tigard or the state. • requestedm .fir h .C4ncl ons. Denial of the Co p .e � �.ve Plan change will not adversely affect the economy of the area. GOAL 10 (Housin Goal 10 requires comprehensive plans . to provide for the housing needs "4f citizens of the state. Findings. NPO 07 Draft Plan provides for a mix of adequate nu mbers of housing unfits to meet varying family, sizes an`t incomes. The applicant red.i,ed heavily on the argument that, it8 pr Posal wi l provide affordable housing!'' for th.cse who cannot px-ese.r.itly purchase conventional single-family honie--s On large lots The applicant testimony indicated that thy,: single-"family attached t " from 1 g pric0 Q00C)., �n e: 18�,��J� to $l� t units �MY LI L�i�d range 3,.L moi � ... conc3.as ons. It it gttestio4aable whether the applicant's. prouosed housing unl..s prices in excess, -of $1.00t000 will help of 14 ~j1 b t ER 11 LtPJ IO No. a.- t 4 ,. • . r n l, 1 for housing referred to in Goal Oe alleviate the .:need affordable housi�. The proposed development seems to provide exclusive .holasing, • on a scale commensurateth the surto . ng low-density 'single- w uz�.r� f amply neighborhoods, but at a density incompatible with the existing development pattern in those neighborhoods. Denial of ' the requested Comprehensive Plan change will not adversely affect, the provision of affordable housing needed, by the .state's citizens. yoAL 1 (Public Facilities and, Sex;vices) -- Goal 11 requires local governments to plan for a timely, orderly and efficient ro arrangement ofpublic ac facilities and services. Findings. Public testimony indicated that the subject oproperty is seiveaaadequately IbY sewer and water facilities. There was conflicting testimony concerning the adequacy of the ti existing and proposed street system to serve the increased 'de ntial' densitycontem luted. The :applicant's own. testimony .. esz e P , � r presumed reconstruction of, the intersection at S. W. 1 3Glth Avenue and Schol.is Ferry Road with a traffic signal. C Cr nclusions. The requested Comprehensive Plan change e' 11, because violates GoalaL�se it would. require additional street viol 1 improvements not presently planned or necessaryfor the existing .level of lov-density residential devel.opment ., GOAL 12 (Transpo : ati oJ, - Goal 12 requires the provision • of a safe, convenient and economic trans ;ortation ' p system. ' impacts of the ProPosed k`ia�dx.ngs. the potential adverse P P development onthe �,� si.ing' street' network, the need of Impr�ve � :. �. the increased rnents to handle y traffic resulting from the to .ment and tZe y ocation of �• d.e�emedium-density, _ residential use. p , ta.�.th+out direct. �access' t�., atraf ' fic at e . al . lace stress on the I , , „ 15 - . `INAt ORDr,:E U�°1*r111/°N del. �� .�.. .. r I , r, n «- existing transportation system and disrupt planning for future I transportation needs in violation of Goal 12. GOAL 3 �oservation) -- Goal 13 requires' local 1, (Energyr�;; governments to encourage the conservation of energy. Findings. The proposed develop�rent would include condominiums r I, and attached single-family units axd the site design would encourage conservation. Conclusions. The proposed development complies with Goal 13. GOAL 14 (Urbanization) -•- Goal 14 requires an orderly and f. efficient trans ',tion from rural to urban land uses. Findings. The subject property is located within the T and •; Urban Growth Bo, ulidary and the city limits o.#f Tigard. Corclasions , The requested Comprehentve Plan change , 9 complies, with Goal 14. GOALS 15 - 19. • . Findings. The subjectproperty include does not any portion �_ :, of the Willamette Greenway and 1:4 not in the coastal area of the ` state. Conclusions. Goals 15 -) 19 are not applicable to the City '" Coun"il r s decision. l+Mt ) [ Based x on all of the foregoing considerations ons anri the . findings and conclusions I set forth above, � I IS HtREBY oRDE� D that the requested Comp r �.�,. ,6» e Plan change3 be, �+nd hereby 3:.8 Dtltp: �144, 16 - `INAI OP.DtR asOLI.ITIN 10. 82- I , • • PASS;r.): This da j° cf �' htYc 1982. � .. ayor l— City of Tigard !, ATTEST: Recorder � ty of Tig • • ♦ _ I , II I I S g act, • t ♦ • REVISION CPR 15-81Amart Development Com a�. - � p P .�� -� .NPO ,��7 15. COMPREHENSIVE PLAN An appeal by Amort Development Company of the Planning Commission denial of their request for a Comp rel ens,ive Plan Revision from R-7 Single Family Residential to A-12 Multi-Family Residential in Summerlake Phase lx: (Wash. Co. Tax Map 1S1 33D, Tax Lot 100) . This will be ^'n "argument-type" hearing only.« The Council will consider only the record be=Fare the Planning Commission, which is on file at City Hall, The Council shall not consider any new testimony or evidence which. is Liot in the record. (a) Before the public hearing; was opened, Legal Counsel reported that this public hearing would be held "de; novo". Mayor Bishop asked if anyone in. P the audience would be opposed to this style of hearing. No one objected. (b) Public Hearing Opened (c) Planning Director advised Council of history of applicationandthat Planning Commission voted unanimously to deny the, request. (d) Public Testimony: Proponents: Mr. Phil Mullard 8925 S. W. Beaverton/Hillsd°r leHighway, Portland, represented Amart Development Company. He presented three exhL,bits to Council as follows: Exhibit #1 .., Surrounding Land Use; Exhibit #2 - Development Plan; and Exhibit #3 - Typical Cluster Layout. Ne discussed the proposed housing configurations and how they would provide'affordab i:: housing which would met 7L.CDC Goal #10 Mr. Mullard said that Amax would be willing to drop the 1,umber of units per acre in tine condominium area; (adjacent to Katherine Street) from 18/acre to 12/acre. They requested a policy direction from City Council and then have Council send isst►eback to the Planning Commission with a total of "+`O units being given. up by Mart. .. Mr. nave' Evans, Civil. Engineer for Amart,t offered to answer any questions " . Council might ht ,nave. Opponents;• Ms. Nancy L. Campbell, 0 S.W. Katherine Street, opposed tha suggested high •; densityin the middle of 12 �single family residential zoning ate., stated this would greatlyimpact P act` the use of the streets. ,. A.. truce Parker, 12705 8.W. ~atherine Street, oppose. th. e hi gh density in the middle of low den6ity and suggested it be placed on the outside of the= Mart deyelopmcnt instead on in the middle. Mr. Parket presented a petition signed by 181 neighbors opposing the development suggested by ,Antart* ,' 1 Mark Zitne ., 12925 S:14. Katherine Street, requested Council i ott try to play oati + .,pneighborhood b ., . . .. #10. � " h u n" with this n�iwh orhood to try and' mete LCuC goal But .> to place high density residential dev� 1pmebta 10 areas: wh ,bh ebulo the increased traffic and congestion. A1•. ?�lI' TlwrdG I2]Nt.IICSS January �,5 1982 AGS 6 -- CUUIJC 1, 1•tEGUI' } _. ......._.. a_ , , r rk I jr Mr. Steve Kallio, 12940 S.,W. Glacier Lily Cr. , stated that he opposed / , the development of high residential property within low residential, k, developments and urged City Council to not reconsider the issue or remand back to Planning Cotriission, but to simply deny the request for any develop- ment in that area for anything over R-7 zoning. 1 Councilman ae : ckla expressed concern r `' egaxding o�fner vs renter occuancy of the homes. , Mayor Bishop stated that City CI, y Council had supported density increases in f ,� the. area, but only because the property faced onto Scholls Ferry Road which would not impact singl family residential property in the area and also noted that Scholls Ferry could , , handle the traffic impact. Without direct access to an arterial by a multi--fa dly development,, he: would be , unable to support the application. (e Public Hearing Closed 1 (f) City Administrator set forth Council's alternatives: • L , 1. Approve appeal overruling planning Cc mission and Staff Findings a 2. Approve compromise, by appellants. r pp F offeredI 3, Deny Appeal -- applicant could resin mit different proposal. ' %,q: 4. Refer back to the Planning Commission for further con sideration. • y: Counsel stated that since this issue is being heard' under the old (g) LegalAdministrative Rules, the appellant can rez pF ile anytime. } (h) Cour ,tc3lwoman 5timler noted opposition to high ./,u-t t -farnily residential � ` properties { being located within single family zone and noted other problems `,' , such astraffic wouldbe noncompatible, schools would be affected, and stated her objection to the statement by Amart that the pricing would be affordable at $125,,O00 per unit. ., r s i r � Stimler, s conded b Councilman Cook to have council 1 "' y ��.� Motion byCounc� woman make ,„enative deeis on to deny the . appeal' and reguest d staff and Lea lgCounsel to preaxe roPar forma': for formal adoption a£ findings at the February 8, I98? neett . p ppro, by *a ved. unanimous' ,rt+� of CouncilreseqL. (j) Legal Counsel stated he prepae final order Atur the b�b carst , 8, �9d?1,r pie #t ting.. , • i l ` I I 4 w I ..I ��: _... .,. _{, . _.,..,. ..,. ��,g• .nom,_ .�,. ,,.r.v 21. A%► RT APPEAL FINAL ,.sR n (a) Legal Counsel � ussed, the format of the final dr as drafted by hisoffice, , He noted that most final orders will not be this lengthy, however, they used c this case to prepare a compl;µte final order to, give staff and Corncil experi- ' , ence in`dealing with this format. Legal counsel also reported-that a copy of this had been forwarded to all parties concerned. :' (b) ;:I;,�SOLUTION No. 82-12 PIEFO<<E THE. CITY Z COUNCIL OF `rIGARD�, OREGONIN REGARDS . { f'IUN C TO APP. A� OFAMARrDEVELOPMENT LTD. ( CPR 1 a 81 Fina l l Order). w . (c) Motion by Coul',,ci lman Cook, seconded by Councilman Scheckla t; .approv . • 111 Approved by unanimous vote of Council present. fa. d) Legal Counsel requested that taf«, s4„rnd a signed copyof the order to the q g aPPlicants f ,,'�',�, 1:. ilk I i pi 1 A j �L 1, t( h” r w ; [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] • , M C . C r O f' Irlir -. • I Z~ )",>1 i I w N +y YD t" tR t2 111'1' Vii: Oq : =d w r: 1i„ enW t7 tD ' ' sa- Fr , • '"{^ A 'R3 to 1 6 0 k f . G Ayry .., • co rn RY � C ,,,,k, N i . , .-, (7,4 1.1) :..r. 1. I M i � s t t f? kr, w ., . , o jf p - I cko N x c x 3 Ory, hT' O, r;''' Gr 'J =. E O• : l C m a rn a PUBLIC HE.R1NG NOTICE Notice is hereby given that the City Council will consider the following at Fowier Junior Htife,h School lecture Room, 10865 SW Walnut Street, Tigard, Oregofa,On January 25,1982 at 8:00 p.m. • C1Dmprr hensiye Plan Rev tsion--CPR 16-81, City of Tigard- ? PO#`" A 7egr�est for amendment to Policy#28 of the NPO #1 Plan to include a timr flame and circumstance to allow for-the extension of Ash Avenue from ° Fre wing Street to SW Burnham Street. �..�.�...' ..�: - '�Azn art Development Com- Comprehensive Plan Revision--CPR 15-81 An appeal by Anmart Develo4lment Company of the Planning Commission 9 denial of their request for a Cornprehersve Plan Rev?'dion from R-7 Single Family.Residential to A-12 Multi-Family Residential l„:Sumnxrerlalse Phase II (Wash. Co.Tax,Map.1SI 331),Tax Lot 100).This will be an"argument-type" hearing only..`The,Council will consider only the.record before the Planning �- .Commission,which is on file at City Hall.The Council shall not consider anyl n ;T,test nriony or evidence which is not in•the record. , • Comprehensive Plan Revision' ---, CPR 14-81 Dr. Alva L Roberts --• , A N PO#7 I. reqL Multi-Faintly stby Dr.Alva Roberts for a "mpreh�ensive•Plan Revision from A- uest b 12 , identlal, to C P Commercial-Professional, on 1.01.1 acres located at 12520 SW S,*lollse.rry Re.,d(Wash.Co.Tax Map 1S1 33AD,Tax Lot 2500). TT6237---Publish Tan unry 21,1982. I , • 1 Persons notified of Summer Lake II/Amart Deve1opmer....c 7..ippeal to City Council 1-25-82 axtxxxxxxxxsx K. J. Won Ginther '.Engineering Wedgeod. Homes Repr, . I ]truce Parker 12705 S.W, Katherine Tigard, Oregon 97223 i'' James Nicolas 12750 S.W. Katherine St. Tigard, Oregon 97223 Mark Zimel a 12925 S.W. Katherine, Tigard, Oregon 97223 H. yKaY Capron p 12770 S.W, Marie Court Tigard, Oregon 97223 Ron Wagner I I" 12645 S .W. Katherine Tigard, Oregon 97223 Nancy Campbell 12790 S.W. Katherine Tigard, Oregon 97223 Allan Paterson 11605 Matizariita`I Tigard, Oregon 97223 tif 5 , p STT 1 t'.;..,, 114 ' g 1 ',. 44iii,J,:t. f#g w .4P. . i WASHINGTON COUNTY,OREGON '" January 7, 1982 Allan Paterson 11605 S.1•r'/. Manza lits • Tigard, Oregon 97223 REFERENCE: AMA11 ,' L1..I'1E;GOPMENT Coi4.PAN't CPR 15-81 Dear Mr. Paterson: 1 i willappeal ret ardiig Comprehensive The Tic.mrd City Council consider an Plan Revision, C 1 1581 which was denied by the' Planninn�t Co ssion on November 10, 1981. The Council will greet at 7;30 P.M. on Uanuary 25, 1982 � at Fowler Junior ,High ,�chc�c)l Lecture Room, 10865 S.W. Walnu ' Street, to ��y��: ii consider this matter. i, Council ii.11 onlyhear testimony The Council "on the recUrd°'. A copy of the verbatim transcript from the Planning Commission meeting is ayailab:)le at , City Hall, 12755 S.'W. Ash. Avenue, for your perusal. No Mnetcf testimony will be a11on+red at this time,. w' . this hearing or' the procedure . please Ifyou have anyquestions regarding contact myself or reen Wilson at 639--4171. ons y Sincerely, - ;a bort- Sartic City Recorder DH amnj y i 'j yy v �.... i 39:,:r 7I _`,., �,.�..._11 ��, OH!6 9 ,171, 4 . p� y�yy ��,at�y Y1yy /"� 1275 $,W. Ash A `e • YY({ CIF FT1YA. January 7, 1982 WASHINGTON COUNTY,OREGON! Nancy Campbell 12790 S.W. Katherine Tigard, Oregon 97223 4! REFERENCE .AMMRT DEVELOPMENT COMPANY CPR 15-81 • Dear Ms. Cam bell- 'he .Tigard City Council will consider sides an- appeal regarding Comprehensive Plan Revision, CPR 15-81 which was denied by the plan,Ling Commission on November 10,. 198/. The Council will meet at 7:30 P.M.. on January 25, 1982. at Fowler Junior High School Lecture Room, 10865 S. T. Walnut Street,`to . consider this matter• The 'Council will, only hear testimony "on the record". . A copy of the verbatim, transcript from the Planning Commission meetingis available at City Hall, 12755 S.W. Ash. Avenue, for your perusal. No new testimony will be allowed at this time. If you have any questions regarding this hearing or the procedures please contact myself or Loren Wilson at 639-4171. Since rely { 4 • 1 Doris Hartig City Recorder , DFI:dmj r l - ----- �` 'V ' 1 13.,0, 3OX 23359`` '1 "`Aki7;, ORE "t4 97,23 PH:6894171 12755 :8 .A.th ( if 1 3Y (''''''''' .0 e 47, uelill'I'll';fifit, ' a 4ice' TWAr* January 7, 1982 W.ASHHNGTON COUNTY,OREGON • -.„ Ron Wagner . 12645 S.W. Katherine, Tigard, Oregon 97223 N 15-81 E_ •DEVELOPMENT COMPANY CP�2. �2E.. R�IC�. AMART Q Dear Mr. Wagner: �The TigardCtr Council will consider an apeal regarding Comprehensive Plan Revision, CPR 15-81 which was denied by the Planning Commission on November 10, 1981. The Council will meet at 7:30 'E)„11. on January 25, 1982 at Fowler Junior High School Lecture Room, 10865 'S.W,► Walnut Street, to consider this matter. . The Council will only hearh testunoriy "on the record". A Copy of the verbatim transcript fronx the Planning Commission meeting i?) available at City Hall, 12755 S.W. Ash, for your perusal. No new tF stiinony. will be allowed at this time. If you have �-+ny questions regarding this hearing or the procedures, please, F. , contact. myself orIDoreen Wilson.at; 639-4171. ,I Sincerly; t 't� boat s. .Hartig �wr, ,1' city t. c order , y Diltdm II til, ,,J., j P.O., BOX,33 ` TI ARD, OI N 9714 1,441,635;',4111 L ,',` 1.2.755 S.W, :rish A . i , ,,,41 /`..,- . fi wl� f,'..,,, CMf'''40'i.. 11116- ' II' I', WASHINGTON COUNTY,OR�;GOI'�i' . January 7, 1982. ` { EFty Opron 121770 S.W. Marie Court • Tigard, Oregon 97223 REFERENCE: SRT DEVELOPMENT COP `?Y CPR 15-81 • • Dear Ms. Capron s The Tigard city Council will consider an appeal. regarding Comprehensive P!.an Revision, CPI 15-81 which was c3 :e4 by he' Planning Commission on Nove.� r 1C,, 1981. Zht9 Council will. meet at 'i e 30' P,•L. . on January 25, 1982 at F viler. Junior nigh ISchool Lectute Rclm, O8e'5 S.W. Walnut Street, to consider this matter. The Col.ncl will only hear testimony "on the, record A copy of the verbatim;;,transcript from the Planning Commi.Ession Meeting is available at City Rall, 12755 S.W. Ash, for your peru:;al. Ncnew testi pony Will . be a1lc;4ed at this time If y any questionsregerda.ng ths earitisg or ..the... procedures, - _ durasplease ro�.e , conf.act myself or7G•oreen Wilson at 639-''',,.1.71.. � P Sincerely, ,/,,.., r � � Doris liartig Cit.ty Recorder it DA:,dartj ---4***Ii',101r4Mit*6001P,0. tiOX133V l'lCxAR,bi OtZ�C�i40,it# 23PHt 6:494t11 12'/55 8 w.. 'Ash. iivetilia 1 l v� yI. '4s;f ",,,, ii , a3- 0 tt,,...r ' (: 1 '' '"' ``111.1t1F ITIOA:ik.,jf ill ., WASHINGTON COUNTY,OI EGOi A January 7, 1982 , ' i Mark Zimel l297.5 S.W. 'Katherine, Tigard, Oregon 97223 REFERENCE: AMART DEVELOPMENT COMPANY CPR 15-81 Dear tor. Zimel c She Tigard City Council w .a t consider an appeal regarding Com rehensive . • Phn Rev2sion, CPR 15-81 which was denied bythe Planning Commission on November 10, 1981. The council will meet at 7:30 P.M. on January 25, 1982 at yowler Junior High School r Lecture Rohm, 10865 'S.W. W lAut Street, to consider this matter. i only testimony "ren the record" A copy of the The Council will hear ` pt iz'om the Planning No new testimonyable � atverbatim CitymF�alinsl2�55 S.W. Ash, for�1Qur�e.rusalon meeting is available will ry P ► be allowed at this time., if you have any questions regarding this hearing or the procedures, Please y m self or Loreen Wilson at 639-4171.contact Sincerely t oris Haktig City Recorder 1 ;;7- DR dmj �K1 P.O., BOX 23897 T1OARb CIREOON 97223 t)1-1:630.4x`1 12755 S .MM. Ash Ave, r 1 -: „ M-+aw«'a7ste,aw.',... .._.oa.�..�ww.:,..,»:...«, `«'.w;....tM __• -' -:.:...., e.::.,..,.,.<,ti,h:,. .. ,. r w. d(4. y w ^r `+r rr' I ,A $, '',.4ti,';‘lc- ii s., b or( sitf 'FIFA 'y 'i WASHINGTON COUNTY,OREGON January 7, 1.9812 f$. �a !;d Nicolas l273() S.W. Katherine. Street, 11 Tigan r , Oregon 97223 REFERENCE: AMART DEVELOPMENT COMPANY CPR 1581 Dear Mr'. , Nicolas: The Tigard Clty Council will consider an appeal regarding Comprehensive Plan Revision, CPR 15-81 which was denied by the Planning Commission on November 10, 1981. The Caunci3 will meet at 7:30 P.M. on January 25, 1982 , - at Fowler Junior High School Lecture Root, 10865 S.W. Walnut Street, to consider this matter. on13,* hear testis ony 'Ton the record",. A copy of the verbatimtranscriptCZ om the Plannin... Commission meetingis available 4 at City Ilan, 12755 $.W. Ash,; for your perusal. No new testi ony will be allowed at this Lime. If You have anyquestions re ardin this hearing or the y g �. 9' this ,�` ha p�oce dares, please . u contact myself or Lorean Nilson lsor� at 639-4171. Sincerely, Doris Hartwacg City Ree:oraer 4 4h . n u ''''.'".'".*'"". ....''''''''''''''''''"..h. ,. " ` P40, -2339,E TIGA b, c kE00 P1-4z 639-41Y1 12/55 S.W'4.. .A th Ara a . 0 a *0"....',,Air�yit;• $ her iijr- trill! it .. CI frVy I. January 7, 1982 WASHNGTON COUhNTY,OREGON 1 , Bruce Parker 12705 S.W. Itatherine r 9 Tigard, Oregon g ' 97223 • REFERENCE AMART DEVE LOPMENT 'COMPANY CP1-. 15-81 Dear 1f r.. Parker: The Z'34 a,rd City Council will consider an appeal regarding Cbmprehensve Plan Revision, CPR 15-81, which was denied by the Manning QDimission on Neavember 10, 1981. The Council will meet at 7:30 P.M. on .31muary 25, 1982 at Fowler JivrIi.or High School Lectulwe Room, 10865 S.W. Walnut Street, to l-'' consider this matter. ,. The Council Teri71 only hear testimonyrecord". A copy rf the' s ti:non "on the '° p��r verbatim transcript t. f from p x tIr e Planning Cb1nmzss P .,� n: meeting is ;a,ai1�..lable ' at City Hall, 12755 S.We Ash Avenue, for your erual. No nek� testimony will be allowed at this time. If you have any questions regarding this hearing or the procedures, please Contact myself or Loreen Wilson at 639-4171. • Sincerely, I , A. 2...7,4,,,,47 ' Doris Hartig I City l'ieCorder DH:dzri`1 i 4:24100 13O 2339 11GARD,OREGON635-41 "1 f t ��As �il�-Y 'Y1, ' i �/���fn�F� -1 �11 r ....: ,. ., . .. l u +'NAV .. ,. i,a ,.,...., ti ::, , y ' • C Si 14 a ata: 4 CIT Janua .,cf de F TO i't ' * .. ry. 7, 1982 WASHINGTON COUNTY,OREGON K. J. Won Ginther Engineering 3800 S.W. Cedar Hills Blvd, Beaverton, Oregon 97005 ,1 REFERENCE:s. Amart nevelopmen4L Company CPR 15-8I. Lear Mr. Won; The Ti-':r `:.ax d City Council will ct'›nsider an appeal regarding Comprehensive s� by Plan Revision,g CPFI+: 15-81 which wase denied the Plar� ng Commission can, November 10, 1981. The Council will meet at 7:30 P.M. on Yanua.ry 25, 1992 i. at Fowler Di niorHigh School Lecture toom, 10855 S.W., Walnut Street, tra consider this matter. t Thewill only hear testimony tY copy of the Council transcript on the record . A , ve mfrom. the Planning Commission meeting is available at City H'a11., 12755 S.W. Asfh, for your perusal. Nc new t'3stimony. v11; be allowed at this time. If you have. any questions regarding this he.ariitig c�r the procedures please contact myself or Loreen Wilson at 639-4171. , Sincerely, r s s:. xtL g, City 'Pecarc n , tl'",,,,...-......,..... t :'0,,O. BOX 339 ,, ! . 12755 s,. . h . d ,, DEC S R ," DEC 14 1981 „Div \ OF TIGA� CTYOF T ,�.. ‘ , vUASMP1f,�GTGI',x C.,,,.'"",:'INTY OREGON Ue eember 8, 1981 Mel Stout Benkend')rf & Associates 620 S.W. Fifth Ave. Portland, Oregon 97204 Dear Mr. Stout: This, letter is to 'confirm the telep ,ra hors a conversation of last n week regarditig the scheduling of your appeal for Summer Lake IS,_ This appeal has been schedule for tht anuary 2 , 1982, City ' Council'' Meeting. A transcript of the Planning Commission l�leetzn will be ±orwarde d to you shortly. ??iease contact this office furtherf we can be of further assistance. Sincerely, w f / r Doris Hartig City Recorc ter Please sign and return this a cknowled9O!amentt: . " 3` hereby agree to the ,abovet� stated date for �xppes,l�rf�, the ''`' Plani in. 5rnssiori decisi•n to City (C'ounc:il. Own.elt er ri .Ait d App ibex ( f 'r4''iffererct 12420 S,W,MA1P h, _ a BEFORE THE CITY COUNCIL OF TIGARD, OREGON NOTICE OF APPEAL' File ho ,^PR 15-81 1. Mel Stout Benkendorf & Associates Ltd- 2, td Name . Address : 620 w Fifth Avenue .. '(Street/E'.0. Box Portland, Oregon 97204 �Ci.ty (State) (Z p Code) ' o 3. Telephone No. : 226-0068 4. If serving as a representative of other persons, list their name and addresses : Phil Mallard AMART Development Company 8925 S. '. Beaverton-Hillsdale Highway Portland, Oregon 97225 5. What is the decision you want the City Council to review? (Examples: denial of zone change; approval of variance. ) w rzev.., pion from R-7 Single Family Denial of a Comprehensive Plan y Residential to A-12 Multi-Family Residential. b. The decision, being appealed was a in r M �-� by the Planning Commis s ion, ot�n�od on November lot 1981 (Date) { 7. On whatround; do you claim (Seeparty? Section status 'as a paryl$R 9� g �.020 g ., Ti and Municipal Code. ) As the 'applicant. " (Use additional Grounds for reversal of decision. sheets if necessary. ) ?our response should deal with the following. a� n } (a) Explain how your interest is 1ds�naged . . e irelied oncn the " � y any incorrect facts �' �' �,) Iden.tif stnst - .,patt from. whichyouappeal. doc�s�.on or recommendation the, ;' �orin co�.eozother law which You by " (c) Identify any P cla'��ri has been violated the decision ot recommen4ation I �' from. which you appeal. (d) Describe what der. - sion you ate asking the City Councll to make. see attachment. „ page ofl ,, i ' Biu ' Y I , pori,._.._.._. ;. . .......a...., ._.._ • i I , ..../.r..�w...1wr+.r�r��., .....�w�r.•wnw.ur�fty v +".� ...., W -. ... .. 46.46.0.,..........!tl"�..o.• y V.. I �i�:.,. -.fir✓ 11 P wwriF......*.. i+',,. ,______-_•_____. ,.a.-. •------- --- -- -..�w..,._.rr.wr:yFi�..nP.:.+Fwa' PI' 9 i+ is timate the amount of time you will k' eed to present your argument to the City Cot... icil. (The Council will schedule more than 15 minutes pet side only in extraordinary circumstances. Each. side will be g , . .� i�r�,n the same leng .to of t�:me for its presentation. 15 minutes, -,-- r .-- + ,.r ,.....42...., +/1 /, • w D a ti a /, P�,d Ya a##.i## ###4#44444 4# 77' r a 1r IT t' r -�rr7rrr# tr # r # rsr- rxr�� . FOE. USE BY CITY . Date and time of filing: :,; :,i Date of Planning Commission s�.on z�ec iris ion� r-- Date set fd,5r Council consideration, i M Time. allowed for argutinents per side 4 Entered by: A,on.ttt paidt Receipt I. Pae 2 of Noticeof Agoo,a1 I I g .1i 4 8(a) Explain flow Your Interest is barraged The appi'icant desires to build primarily single family homes ;;n small lots .. in order ',;o maintain construction quality but reduce overall cor is and • ` thereby provide homes on lots that at pec�ole .:...an afford. Most affordable (twenty percent of the proposed .'sving units) would be condominiums which would not be built on lots k,,t w ould allow home c:wner,shp;. That- cannot b, accomplished unde', Ine existing Compreher lsive Plan designation of R-7 for the site but could be accomplished through a Comprehensive Plan Rftvinion to A-12. Cor secuently the Planning Commission decision to deny Vie change to A-12 does not allow the 4 • applicant to provide tf e city with the proposed affordable homes. 8(b) Identify Any �y incorrect Facts Mistakenly Relied on in;' the Decision or .( T Recommendation Frof�n Which You Appeal, j f After careful reviaw of t6•;tir�ony in opposition the s�tion and comments of the g CornmiA ' Planning � sion, very few facts Were presented supporting denial of r the proposal. The major issues of compatibility of proposed housing types, with existing neighborhoods and 'capacity of proposed streets were not deemed incompatible or unacceptable P � by the presentation of facts with the exception that the propose. ), is in conflict with the NPO #7 Plan. All ,,,t. requests for changeare inherently in conflict With existing plans but the City Council h.s shown a desire to increase density in the area and tF, proposal responds tis that. I Y 8(c) 1,� ri�.ify Any Part of the ZoningCoc.e or Other Law`Which Yn 11 Claim Has Been Violated by the Decision or 'l ecorm-nendation Fro Frolt1 Which You Appeal w•,,, NI{orie has hien ident.ified. 4 { 8(d) Describe What Decision You Are Asking th,;, Cit'y Council, to Make Approval of the Comprehensive Plan Revision From R-7 Single Family Residential to A-12 Multi-Family Residential u recommendation of how to provide affordable housing units as proposed at or 'near, the density proposed, fi I I I f L I I , FII r , gtil►,��fiti,.. •,,,, ,, Cl'ITOTfillia,''‘IRI) WASHINGTON COUNTY,OREGON x.4oi�ember 18, 1981 I Mel Stout . Benkendorf .& Associates 620 S.W. Fifth Avenue fl Tigard, Oregon 97204 REF1411ENCE: CPR '15-�8�,�. and M 6-31_ Summerlake II Tashinton County Tax Map 1S1 33D lot 100 Dear Mr. ` Stout: Please be aivised that the Tigard Planning Commission at their regular meeting of November 10, 1981, denied our request for y a Comprehensive Plan Revisi n from R-7 S:".,x g1t Family Residential to A--12 N ulti-Fairni1y Residential. ' This proposal was denied based on Staff Findings, conclusions usions and recommendationse ,.nd on the evidence presented during the meeting. i ' x , nnle, s notificatioL of�Ac:t.ian of the Planning Commission is final ; II ia��Qa to the City (!ou ncll l.s, filed with the City Recorder within 20 days of the �olar�nxn9 COmm�s.. CII AcIion. The PlanningCommission alsomoved for continuance Of the Sensitive Lands Permit .M 6-81. If we can be r.f any further assistance, please do not hesitate to contact this c.►ffice at 639-4171. { Sincerely,. . I , -44'/A. prank A. Currie Planning Die .tt µ , _. I ,d:C:d ` I I cc: At 'ik t Ike v" !. t Company a.. '.._.... ...a:, 12420,5{. . MAIN P O. BOX 2t139,' TI 2 PHt�+29 ,...--.. TIGARI"),, y�y �S yl y..� . rt p TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARIV4 i'o` ember 10, 1981 -- Comprehensive Plan Hovision CPR 1.5-81 tt Applicant: mart Development Company , - Fowler Senior High School « Lecture Room 10865 SW Walnut Street, Tigard, OR Present for l this hearing: Commission: President 'Tepedino, Cammiesioners Bonn, Christen, Herron, Kolleas, Moen, Owens, Speaker Staff: .Manning Director Currie, Associate Planner Necator,, Ken Elliott of City Counsel (This hearing opened abo .t 8:45. Tepedino: /tem .a, please-.t reportand recommendatona, p may we have � '��� staff please Newton: (She read the staff` report. She pointed out on the wall map the area involved in the request. She explained the school. children from the development would not_go to the Tigard \ school adjacent to the development but would be bussta to McKay Elementary School in Beaverton, north o'XScholls ; ter: Road.) Basically staff conclusions speak to the fact that the appli- 41 Aif cant hasn't made a. real strong case to the staff for locating an urban medium density .pro; ect in the Liddle of a, single, (Going to the wall maps.) This JP what th family area. e comp plan designations would be if . , '. . . . . . . . i The other con.cerAs staff has are in the increase in about triple the density; the fact that the school is not located in close pro .ty pit isnI t on a major the roug:fare--in fact one of the streets propose: would serve as a connector .from 130th-1 !jtb down to. 128th Avc3nuo, which is a local street; we are concerned about the amount of ,increasing traffic, . a . , (She then react the staff recommendations for denial i) Staff wot 1d like "tour z,her recom end, or suggest, that the Planning Commission consider ,a reaulkmission of ah application on the part of the applicant for 0 lower dens,,ty, maybe at the RR standard instead of Al2. , ' Te edino: Thank $011:' staff. 1 would suggest that 1r you have a hearing defect, please Move up to the first rOW. Wo don't have a soixr a System here. Hay we have thrrpresentation by the a 1)11,caut; please? Stouit�. ',.thena e is 4stel Stott, with Denkendor�f "and dissociates, 820 i , W V tth Avenue in Port lanali Ctegcn4The firm iS represen't ;,n,g. tct 't Xeire opment Ltd Jthtart .e the she company that devoloped Che ,fist phasic; '+�;f" ummer Lnke out" of $out west ; chollae' r I . ...,...own (,; ...;: ...._... a.i•... ...,,..v ,.... .,. :;.. ., ... ., .,can TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARING P �" �lravambe� 10, 1981 Comprehensive Plan Revision CPR 15-81 . Amart Develt pment Company - Summerlake II 4 Page 2 Stout: First of all, I would like our application package., of thea (Cont.) report you have before you, to become part of the record ta..Ong with the other information I will be presenting here tonight. The original rlanted development plan for Summerlake was A approved by the Tigard Manning, Cor mission in 19',77 Since then the applicant has proceeded with the development of the first phase. In association withthe initial approval the applicant has contributed land and improvements totaling over a half a million dollars: included was the 17 acres for Summerlake City Park, lake improvements such as the weir and the dr%4dging and the shore sloping; and help with installation of the trunk * ., sewer lines111 n We have revised the plan for the second phase of Summerlake, t and have returned this app1icat;;on for ,Several reasons: No. 1, real changes have taken place in the housing industry since the first phase was initiated. People are having, a difficult time finding single family homes on,,lots that they off. afford. This has been Well publicized, and the state as a whole is suffering from a national decline in housing constriction. V. No. 2, there is an increasing pressure from Metro and Lope to increase density to help provide affordable housing. And No. , recently the City Council unanimously directed a developer of an adjacent property to revise his application to 'a higher density than originally planned . .Por these reasons we have returnedi ith a plan that can provide for sale of 'single family units on lots that we know people still desire, but at a more affordable price than traditional 10,000 square toot homes that are becoming the dinosaur of the 80s. _. eou.ple of months ago we met withthe staff while A,lAdie Eo*ard_ was still.. here. We expressed a, desire to build sialler homes on smaller lots and increase the density of Phase II. We i r,ecei7ed enhouragement at that time to revise our plan and use the smaller unit types, and to apply for A"12 density. We went back, developed ,a plan, revewe,d it with` the .staff, and were advised to file a simultaneous ',Plum revision, Moue ohage and pP apillication. Consequer�t, y we deve)Aoped the -•) applli.catibn that is before you here tonight. As you knot, the site is located On the poutb side Of Sumi e:r- 3 eke and Summerlake City Park. On the e .st' side is Mary wordward school, the greetwaY runs th ou h this sea, and on the west etas ' s' 'Win ter akeA.,,. , � pond . . t� then �:,'�: the south the eAstitt v � l �.'�t�r��.k�kehere, �. � g ter'' neighborhoods. You cast, tee, ooupad I , It. a r. L ' :: '• , , :!, TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARING TRANSCRIPT November 1O,,t 1981 - Comprehensive :Plan Revision, CPR 15-.83_ } Amart Develo m:ent Company •- .Summerlake II P � y Page Stout with a drainaget , wayhat runs through the s e �.. tion a and theitn this d.re. (Cont. lake: city park and the school grounds, the , greenwe,,y and Winter Lake, there is an unusually large amount " of open space connected wits; this project. .Bas'aicarlly the site is bordered by neighboring developments on only the south and the' southwest, We' established three objectives which we worked , to a hieve ,`„'f',-, with this revised Plan: No. 1, we wanted to provide a range of housing types to'respond to the rapidly changing hLusing :.market while still promoting home ownership in a single- family I manner. ?rid Na 2, we wanted to assure compatibility w:;,th the existing and planned residences in the area. And No. 3, we wanted to integrate the park and greenwsy into the ,taster plea.. I Three affordable' owner-Occupied housing »4gypes are pro r osed, , and : Mould like to show these typical u i is at this; time; and those three include -- (-are ared to' show architectural, drawings' on, an eas(1.) Tepedi'no I a, just wondering if you would;put the easel or the ,ther d side, perhaps tt e people, in the audience could see it,i-.over in the corner. Thatts better. 1..";..4,1. sure they might have some y in ut. 8vertyLody see that , g 'his ie.:a typical layout of the attached un"tiax at sa.se�:� , �Oon.tF�,nu ,� :unite that �e would be p�oncs ing, and they are the same type o1 units that are now located along cholls in Phase I of ' f Summerlake.' They have individual front and rear yards, sopa-- . rate ex,tranc:es, driveways, garages, and they arejust. very we11 ,;, dout and 1 'dont t know if you have ever been by and seen those . j up there-. they are extremely well finished inside, andvery ,: , nice, home: h�:�n.M nged drawing"). These are the proposed clustered unitz, which are, detached units. They, are not connected to each oth.eri-»they are single family hones. They have their oon private yard spaces; there , are sopar, .te centra nes, and they are very Weill. designed 'units..- ' - :, ' ref open speacu the areas. <Changed dra ngm again. Neat, t .ie typioal. layout here ie of the condominium 'type, units proposed, and it. ,Ealhowd, ti, t en.tra1 driveway area garages ft r ,soca of the �unito4 and .eurroi di .g teen space. td oonnec- t�.rrs to the greenway system in t1Gie. pro je t. `.f Z could, I have About a dozen, slides of real projectso, sal; units that r I would like to shoe o each. a,,�:. �f those tu%3.t ;types. . TRANSCRIPT OF TIGARD PLI NI G COMMISSION HEARING November 10, 1981 - Comprehensive Flan Revision CPQ 15-81 Aiart Development Company Summerlake II Page . Tee ns: Okay. stove through it pretty quickly, because we have a number Of ether items. Stout: ll These attached favti1y units that exist- thesevery same units Seholls, and you can see the very nice character and design of these units-- front yard, rear yard space, separate', entrance-,-they are very yell done. Thes0 next twO or three slides are o4 the clustered units. This is a project down in California, a.a it 1h2ws 0.1 ,stezea units are placed. individUal1y4*-20t attached. Itwhas oyard spaceand are really _ .e e yard ,� , q; it w 11 done. These units were ihtroduced into this area 'first, I think; at the Street of Dreams--there were'sot .e clustered units there this year. This is a22 interior' shot of those type of units. This .s the plan, of the units down in that location showing some or the landscaping and land.` These next few elides are of the condom :zium type units that we have in mind---very high quality, you can see the shape and design of ahem--gory well done These units would be placed rear the western; portion of the project. I think that gives a good idea of the type of units c we are proposing. We are proposing 401 units on the b te. Of these, 80 per cent wi1:l, be"single family; only 20 per cent w3,'l be condominiums. And' of the 80 per cent single 'family, 80r .cent of those ill be detached units. One hundred, Pet '411t--or all of will he for sale for owner-occupied hot41,1+.,1 We feel that this proposed plan colem> 4ls the character o f' the existing' and planned net, hborhoods by the co iplementary single family housing types that we are pr posinpj, and by providing a densir.v- transit'.on ;'he majorityof the project is planned for single family lots. + The largest lots' are located in this area down here, and in this area up here CPo .ntIng iso his sketch .of the deVeloPleat) next, to 'eXisting',R- ' develop tints. The smaller lots are located in the central, area here off bf the open, space of the school and the drainageway and the oVqrt , in the park. The tondo- minium units are located to .some e :sting 1-la over in this `.` area and to the Winterlke site and the Winterlake open, space. All Of the units would be built withthe same high quall,ty and high standards ot the existing Phase I developmeLi to the .north.W The clustered unite ate estimated to sell for e.ppro - to - 8 iOOO;' the condominium units ;fox X55 - 000 and the attached units tot $9, -'- llO#0Ob*, All the °,nits will be 'built ad anent to the e, teh,sive park:. and eon spaOs areas 1 ,you, see here on the plan and there will, he connections t ough, out the project to those open space areas, • l I tl is h T ANSC1IPT Off' TIGAR,D PLANNING C04MISSI0N HEARING November 10, 1981 - Comprehensive Plan Revision CPE 15-81 a mart Deve1o;pment Company - ummer1ake II Page 5 Stout; The congept of the plan providesfor a connection, a ,street (Coat.) connection,' from 130th, through the project, to 128th. A loop street comes off' of that collectox in this way (pointing to the plan) to provide access to the rest of the project. All �.� d safe access. �.n and'ou t of he tev.� units would have ,e�s ; an h ., Y site,i »�=m� b he ,staff' we feel , � ,.,sa. cited t ' fir_ aadrQ,.,sr� ;the four cans. _ y , that 12 pp� P units: per acre ,�.s a ro riate fox this site becaubecausep of the large amount of open s ce surrounding t1t site, and •. because of the fuhre plans for street improvements in the area. Actual density for the plan is 9.27 ?? units per acre. Vit. locs�, 3$,ed LID is planned f1 r the area, as you probably know, . to consvcti t 1 30th and some associated 1.mprovements. _ A Peas- abi1itr study is proposed to be completed in January, with a aesign in the spring and construction this summer and in fall. Consequently-street improvements wil1 be iitproved and provided in the area. t 0 Regarding thea � .. second and third concerns f � �1.ir�i � school chool p , capacit,f exists for the project.'ect. I.n fact, in response to our letter to Beaverton School District, 'the response of the district was that because of the unit types that we are. pro- posing, t 1, he actual generation of students wall be 'less w�i��h this project that: the previously existing proposal. And tir district has the facilities to serve the project. AlthOugh the site is not in the Tigard chec1 District, we wou1a! have • no objection to supporting a petition to. change; he boundary and include It in. the Tigard district if., you know, the city thought that was desirable. �d e new sho ein' t t e o h the alta is conveniently �.ocata�, close P,, g center near 121st and SW sebolls it is close to jobs in the area and borders' considerable recreation and open space." Vie t hat traffic considerations would; be a concern on site We hired a traffic consultant to address the traffic pa. assure ourselves that the proposed street :system ,, cts to ' is. adequate._ We hired Carl uttke, who worked for the city before on a previous project of traffic circulation in N tto, 7. Carl' couldn't be here tonight, but I 'think I can answer questions ,regarding his report. a concludes that the proposed change in density will n. u dterseiy affect the operation; of r' the. phatmed 'street sy�atem. d off the ste.u. e there ark' too `n;� points of access on an w'her l Oh cotes i , and then the connects ott to ]28th. Moat of the. tratftc will -f�.o -infact, ttothirds off' ,it -will fioW .north r _ t , . e TNANBBCRIPT OF TIG k RDPLANNING COMMISSIO H NC November 10, 1981 - Comprehensive Plan.. Il'eviaion CPR 13-81 ,mart Development company - Summerlake I; ;,, Page .Stout; to Scholia. This is according to Carl's report. We expect (cont.) a large amount of traffic from the Bellwood neighborhood; coming through our Project in that direction also. However, the street system is adequate to handle it Although traffic. will increase r on 128th, it has adequate capacity to handle the load. The increase forecast is iz am 1600 to 2.i.00f vehicles per day. 128th was designatOd and a pr�au P° ed as, a collector based upon the NPO No. 7 study of MaY,, 19744. A collector is designed to handle 3,000 vehicles per day, and the year 2000 prosection at that time for 128th, at the time of the study, was projected to be 2,000 vehicles per day. Our proposal has a year 2000 projection of 2100, which is nearly the same, andwell under the 3,000 capacity of the street. In our application we have addressed the city and Lc3C goals, e and:have shown, _I think, that we meet the testa We have sbown that adequate public services are available to support the proposal. We have included letters of approval from the school district and the fire marshalll. Before I close, I would li hl I ti TRANSCRIPT OF TIGARD PLANTING COMMISSION' HEARING November 10,. 1981 - Comprehensive Plan revision CPR 15-. l Amart Development Company - Summerlake 1I Page 7 • I , Millard: In the Mulnomah, Clackamas and Washington Counties we are all (Cont,*) faced with an urban growth boundcry which includes the directives by the Land Conservation and DevFalopment Commission, LCDC, as to how all the land within that urban growt boundary are going to be developed. And �» adopted in ^, since that boundarywas February, 1979, the- land values within that, boundary have ro� just seared tremendously--three and four times--and that is within a two-year period. And when we address that back, to providing affordable housing, and the lots that result frar,; the land that is purchased at those higher rates,, that'-: one of the reasons people can't afford homes today. So I think our 'task as builders and developers, and your task generally speaking as planning commissioners--those tasks are to provide for the thousands of':peop10 in our tri-c.-county area who want home ownership but are having a tough time making it, affording those homes, but really in the American way they are entitled to it. So We have some individual responsibility to ;perform that $ , and acollective responsibility. LCDC has limited the amountbofavailableland, substantially increased the value per unit, and advised the cities that "you will meet the goals that were established in those guidelines" that.', they set up; and so we really can't count t>nthem in providing the houbing for the peolile that need affordable shelter, so they havedone nothing to help other than create some problems for In our position as builder-developer, we have a responsibility � to design the product and project its feasibility, and We y. think we have done our share in the proposal We have made hers tonight. In the financial community, they certainly have a responsibility to design new mortgagbs or refine the old ones that we have ez erienced, andthe publichas got to be provided with some way of adjusting to flocibil . terms to purchase these homes. so Ite anxiously await what the t nancial com k�.ri Gy isgoing to do. And. you of thelanning comttissio ,p n, have a resVonei :l;i,ty to judge our sa±isfaction of LCDC goals in creating the mix 'that, they would like to be created. lou have a responsibility to and its aua� tabLlity judge our innovation, orn , ;t�c�vattiv�� productp to the site,, considering all, the factors that, halt teen presented ," I ,yl hers by ' r. Stout The surrounding neighbor,.1 *.. 'l think they have a social cortin s;t mert to not take the approach of "I've got 'mine, a1' d let the no gu :su.dfer",, but adapt to the Vrospeot that wo ve got a I' , got ,t make sem° off'' ta�entrs to iso �� Co�i�C n . area "1 rx I a. TRANSCRIPT OF TIGARD PLA SNI SG COMMISSION HEARING November 10, 1961 - Comprehensive Plan Revision CPR15-81 Amart Development Company Summexlake II Q , Page 8 _ r provide affordable Millard: e housing to the new gene,ratio�a s coming on. (Cont.) I propose we are in a really brand new era in providing shelter on smaller lots. No one can afford the 7,000 square foot, X25 .. 30,000 lots,--and they are out there right 'now-..-that's what we are selling our individual lots for in the first pbiase of Summerlake on the north ,;tide of the lake. Actually they are going 1325,000 up to 540,000. I suppose that houses *ill be purohced on ibte in the future for 2,000 to 5,000 square feet with le,rge common areas--and they Will become the rule, not the excepition, and maybe tonight we are going to be the exception. We want to be the first in 'Tigard tb accomplish e , this task and certainly think that Tigard is re&dy for us. Thank dcu very much.; Stout: This in stwtaary 'a,n r es74onse to the staff's summary---we feel very strongly thatthe proposal will not considerably alter the single family character of the existing neighborhood. In fact,- we feel. it complements it very well. We are actually providing those types of units, only smaller. We point out that this is only an applilation for preliminary laan approval. #ny conditions and concerns-can "oe addressed Plan pedevelopment finafinal formation. Wo urge you to acc` P pt alternative /.umber 3 that the. staff has proposed, and approve the request as proposed. And I.Will be available for quyIst°118 at any time. . 'tou b r. Snout. Any other parties wishing to speak in Thank Te ed�.no•• favor of this proposal? In favor? Any parties wishing; 'to speak in opposition--those opposed-e-not . favor's won: myrams is E, d'• won,' of Ginther Engineering, in Beaverton, and represel ting Wedgeviood Homes. Wedgewood Homes is the develop- ment of the :," to ing Hill planned unit development which is located adjacent to t1.ais property in the southwest. rst of all, I would like to clarify that I am here speaking pOppositionproposal. neither l,n support of nor �.'n . to the p purpose n is neutral. My is to co ►.unicate eume od concerns in the comments Our tst past With re61peot to our develop intent. They are essentiall.rare �' y what you considering, to us Wou.14 be ar Major policy change--no question about it--yort are talking shoat obanging densities from 10W to. mediW4 Now we Bre nbt speaking to that issue. But what we would, le to go on records that in the event that You consent» to .app 'ole the amendftents, then we would like, if in the future we decide to aitertd our paneou .d lilte to be accorded similar' considerations Ito t 1' . s may or may not coma to pass; I just wanted to state:;it for, thl record. 1 TRANSCRIPT 0P TICARD F;GAL'VNING COMMISSION HEARING November 10, 1981 - Co ;arehensive Plan PoVision CPP 15-81 A:mihrt Development CompanSummerlake II Page 9 Won: A second item of concern has to do with the design of the (Cont.) project. We did not rev3,ew the plans presented to you tonight. r- Let me just say that our concerns are the physical impacts that the project would have on the Morning Hill development. very supportive � �ihal design. concepts that We were of ,.he ori�, show a higher de`Xsity along the mul'i i-staged lake locations and the major streets . d proposal,p ..- and it may very veil, be consistent with the original concepts. It seems to us higher density may mean more multistory buildings that could impact the views from our property. Now these are areas that can be resolved in design :review of the site plan. What I would like to do is to submit a letter from Wedgewood: have Homes. I summarized the major points in. this letter, and will respond to questions, if there are any. (Note: A com- missioner asked the location of the Morning Hill development; and was responded to by Mr. Won. Te recording here is poor.) We are bounded by 135th and Walnut. Christen: (?) Can SFou possibly show the relation to what they shoved in their proposed plan, please? Do you have a ,roai going into ° their plan? Do you have a road like a ralcon Drive, or a . Falcon something--a roar, that goes into theix. devalopment? i (Several persons talking at once,, but t o question las answered.) Won: That's It. 'fepediaa, y � on, �`e approciata it. Any, other parties o. Thank ou Mr.« �J Wishing to speak•�-in opposition -»- Are yo;� in favor or in opposition Parker: In opposition',, Tep'edino: This is the alternative. (Laughter.) P&rker: I am H uc,. Parker. I reside at; 1,27()5S Kathatittne.. l one v the r4presentatives of the neighborhood that surrounds • the adjoining site we are tking about. �jt Christens (?)(?) could you also show where. yo;� are r4�1atY-^fig to that site-- relating to the neighborhood that you are speaking Of? Parker: Well, the area most s. H'ao, us cote eros. Street, which is down in here (indicating en map), and; I know' of sate other PeoP, to who live up above theretoside o the other t the' (1 drainage way ,. . . . out here. But it, s nostly in the 1atherixic tree area. "The surrounding neighbors df` the sits were given about One ,t. 1 . TRANSCRIPT 0'.F TIGARD PLANNING COMMISSION HERR NG '- November 10, 1981 Comprehensive Plan Revision CPR 15-81 Annart'.Development company ;ummerlako IX ';,. Page 10 M P Parker:; week's notice of the, proposed change. Liz Newton and Amara (cont.) Development, through Phil. Millard have helped us a':great deal. '' , in supplying information to Us. But one week is really not eanugh time to assimilate all that information, to develop strong reactions and thorough research by residents of that area. We>.o not have the resources, money, t :te that Amara ;-� has. 'e do not ,have the attorneys, develope2.s or the experts to strengten our position. I will repeats we do not have these resources available. I know the board recognizes t:.his4, and will concern themselves the beet representiz'g the community into it. We want to acknowledge tie difficult pbeition of the board. Therefore we make a, point to present our objections without being redundant, by a series of spokespersons trying ,. to address different topica I am sure there is going to be some repetition, but we did trot have enough time to iron out all those wrinkles. We are also goii� to try to contain our emotions. It is an emotional f,ssue also. I would like alsr; just to show how many people ara here in opposition who aro not speaking so willthey please stand -- everybody who i a opposing this development' (Perhaps 30 to kO stood.) Thar. your Why is ,A,mart Development trying to change Rte? to A,-.12? I, think Phil Millard has aireadr answered. that - they Gantt sell houses at R-7 under Present conditions because today's money P.:iJket just won't allow ito We hope the planing commission 1 will look beyond that p6mnt grid 'look.. into '':e future and what it holds- We believe there will be housing again in the immediate future. Until, then we realize tle planning board is going to be under an additional onslaught tz' developers who own land that is zoned 2-7 wh,c= want: to ohange the zoning tohigher , density and then go about developing it M-am4 also, by the `ay' will reap am addtional profit at the higher d:)nsity'b . The surrounding site has areas of undevelopea R-7 which will 1111 ' , face an additional pre aeure. II you kook aa' the. map w:rich is here ,f � you Alin see (some, ;lost innchange of tapes. Vo also feel Amart, has not .adequately Proven the teed to change from -7 to A«12. az designed in the comprehensive plan. We feel this is drastically changing the neighborhood p;l.aar to ;' make this step, and about the only thing t see he has offered here in the presentation in the brown. boot that you have is the suggestion . .. :. . "x80/$0 . : ,, a the oorpreheneive plan: 18 going tO try to zae4)t that . . . . Trla_ e is ono further need tostartdensitymay ar than n . areOs to .a higher ,..st to��eet � g � � that goal, dei will have one off the nei n speakers in our group. r Y ♦ y l f . n , } TRANSCRIPT Cr TIGARD PLANNING COV,M; ISSICN HEARING November 102 1981 - Comprehensive Plan Revision CPR 15.8 Amaybt Development Company .. ummerlake II Page ll. Tepedino Thank you, sir. Any other parties wishing to speak in PPo i— tion to this proposal? If there are any other parties 'wishing to speaks, I would appreciate them coming dorm. It is 9:20' and • we may not be able to hear everyb&cy if we waste two minutes ' apiece. So move on down to the first two rows, please , Nu.�l.as: My names' James Nicolas. I live at 1270 SW Katherine Street I would l ke to read the staff report for September 5 of 1978. - This concerns the I28th Street. It says that the state traffic engineer logged (?) traffic counts, average daily trips on Walnut between 122nd and 123rd,, and between 124th and 128th; k. and betWee , 129th and 132nd.. This concerns the i3ellwood Park XII subdivision that was considering a zoning change. 'What it says is that "Staf r' also had, to estimate the additional amount ofovercapacitatcd existing local street, 128th." What they found was tl at 128th was already ovyercapacitated. It was: designated at that time as a local street, and now a ;7 collector. Nothing has changed these conditions, and the new proposed zone change would only, aggravate the condition:. more. Staff findings indicate that 128th Street is the only through project. street proposed for the 14y other points have been taken froa the comprehensive plan which designates the site for urbsn low density, approximately four units per acre. Policy No. 6 states that "The singa xamily character of the area, designated on th+ ., Plan maP as Urban Low Density, is viewed as a positive asset and to be retained. Projects proposed for this, areamust be judged according to the effects upon this character." I don't believe the proposed development is really sensitive to this i axud is h' insensitive to the goal from the saute plan One other concern l' have is the ability of Fenno Creek to handle the increased amount of waver normally absorbed by the area. that :is now in the flood. plain. The higher the density th t a site has, the less absorption; Of water takesplace and increase in water draining into Vanno- Creek, I do not believe, adequate and I believe at impact study should be made to Exee that this could he a, potential problem. The residents on. • , *, eres`wone Court told us of water rising iso their decks last sunmer because of the inability of Pahno ,Creek; to handle the fit* of water. The residentst of the area have u�chats+ed� hei homes with the understanding that the o tt ng of the area ie; 12_7. This ;includes, new homes in the Sumnerleke area recently const'i,noted and sold over thr past couple ofyea.` e., that's all. Tepedino. Thank you, air. Are there ,any other parties wishing t.ilk speak ,n oppositions • . I w TRANSCRIPT OF TIGARD P•LIANNCNG COMMISSION HEARING 4 November 10, 1981 - Co rrehensive Plan Revision CPR 15-81 - Alhax t: Development Company - t$ummer1ake II` Page 12 c w, dot i 4t W y, 1 .M live e6 'Ir�.221e�,., i My �Z. �.. ,�` � �.� and I 12��,� ��� Katherine.rin ; For tht' purposes of showing you e actly wLere that woizl d be-- , I can'tbe exac t--there is not ent,taa,gh 'tract (?) . . it would be right behind this 1;";ttle piece here, because the next lot Over to me is in the Bellwood subdivision . . . . . a but my fence is ;pt-:' b1y six inches in on my side of the A property ]sine. This is the pwoperty line, and .I guess I will be,'looking at cc ndominiuni ,' 'but, I thought I would be looking Al at-a heautifu; Art Lutz development 'of -- (outburst from audience) Sinoexely, 1 want to say one- thing , they are good developers.-- q , .. F . Ietr not keep anything away fre, them but give it all to them . r from the sta.n point of what they have done up to now--is q,ualtty. It is a1 We don't know what anyone is going to do in the future, or if we had a 'Crystal ball k e would all be at the raCre . all . anyway would like tracke, ,�;d; 3vc�uld be. Wealthy �'�) So an a I ,� to address a few things. , Phil Millavd was nice e ,itlgh to meet With our neighborhood III group and he went through essentiall.,. -- gave us a ,couple of ;t books that you have been submitted regarding Summerake II and looking at what they a7.'e trying to do, I appreciate the powerful Pressures of the citY' trying to get a 5O/ O density here it multifamily famil and single family--I appreciate the prassur es from a develop ent ;standpbttit. It's not necessarily the fact that pe(ale can't afford homes nowadays, it's that the trend 4 of the market as much as high interest rates. So I don't feel that to give someone a high density because of the high prime rate today, that that is going to be the ataVer. If >' they had 15)001 Units there today, they couldn't sell them today Withiwt financing stow essentially they address a number of issues , you said .you are in a little bit ofa .hurry tonight so 'I am; going to fil.: .xr a number of mine, bring them up at a later date, and just •I concentrate on two of them. 0 No 1, Carl y Buttkea� who is a ver trawe,a endows traffic consultant engineer in the State of Oregon,. 1 knots this becauw e my fath.e • and another gentleman hairs develo ed . . S. s1iri ing P P oeinter w' I ant t74.1.zo im commercial .:*eal estate. I Elm, the leasing a,;zn,t for Greenwayi,Greenway ,` .d when, we needed a traff`io ooneultant , , the ilra2, 1 was told to, ealli end the rc mon he couldn[t- 'ham . h2r e tonight" probabl ,x is the ter .�- busy, maxpeftsivso axd very goodat what hep does. I don.t., you know, 'refute that they didn,y t try to get the beet to 1tgl,p then Eut I think what el .stout was 'thinking ,G;b c;t tonight -, in conclusion:. Mel. said that the proposea thatge lu density, ch this zlits would t n.t�'t; adverse :affect the �i.ed, o� er,� t°� � the ea '. 1 � P a :� � f •�� s:moo 1 system .. .:s .#t ; �4 v to� ye' m �, n the �,.� ion � would, line � e anger, I, tion{ ,..,.. e , estion I will a forth to You* u t know the answer o the u e question is whether or not the oapa,city df the. ,Additional i r ., II TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARING % , November 10, 1981 ;-» Gomprehens1 e Plan Revision CPR 15.81 mart Development Company. - "aumme rinke II Page 13 . ;,. ZimO11 traffic goiag through 128th, which is the street I am concerned ' (Cont.) about because it goes right by my house personally I am on .,i Katherine, but it is close enough. --° i; I am raising kids they s are go�,.ng to beup there: -►� you see what 1 am concerned about is whether or not that capacity Is usual, or unusual in a residential neighbr ,,hood. Now if you are not used to hearing traffic numbers--aid :roll probably are a lot more than o ' -lad 1 j. of us out here-0.2,14o is quite a bit of traffic. Now T dOn''.. know--1 dia4 w t really hear Mel when he sx,..id that 2,100 was. Is' that the year 2000, or is that presently? - : I I :''24 I S t:.�u t The year 20000 Zim 1. Okay, the year 20(.0. That makes mei feel a little bit better 1 , in that I have heard -awell, ,we have developed shopping G.enters again -- and we have had 10,800 tray fic at the high level,' and that's one fifth of that Volume in that area* But x 1 anyway ' y point is, is it ueu l or unusual. f Qcr: . . in that area of th4,se? 1 'am concerned about gyp s and"I don't do. ' , la.e if the road can' handle it .. people really �r�a7tt �-.. I cion � op park on the road maybe there are 'clans for the road to , " parked oz '-- I don't know- There's a number of things to be loo ed tutu. NI No. In, they looked into schools. Beaverton, Tigard whoever, n ,x .. They talked wit , � but Beaverton in this case. �. a al. , or a s ' 1:',.4.,),'. gal by the name of «.10y,' ce, FaIl - X dont kn vi if she would .. like beihr.l. called a gal or not, though however she would be adores, ed she is really nice -- I talked with her -- she made a few general statements stating that . .. that they had Judged from the survey they had moat-. recently ., taken that �ulti;'a' l,y unit 4o not present to schools . mai ft t, kids as ',Inattachea single tamity homes do. Well, let's 66 back to the ;)sess .res the @pities feel. YOU want to have " 50/$0 of the goal 71,ere --you watt to haYs �,iiU per cent M11.1"''‘'.4.., ' fat;. . and 50 pe, cent single family, because there is a e..:. from. `using ,� p; essu::re out there ta �o as �av'e,rybfdy wIf W6 are a tlxe majority of the - everybsd yr and we areg ,ting away rom `h t j y people have been in for the last ua teen Million y eare ( * . . exaggerate ? too badly) by single fail... homes all 'ri ht that \4iventaally a, trend, I would. sug,ge'ort, would c mo• ap (I wu'i«°ld. .suppose, at lea4't` that It we°dl,r change, and that you �.;.a � � whole �.. . e'� t neo tcs.ga� ' ;espeai- ou .it ald start t. haying mor+ an more ds once a ally if that is; what the .r ;t°ark ur C'kayo s/i I : thin we have got real ptoolems itith maximum- density y being. } exceeded it the schools* whet ,el;k that be the _)3eavertov, t ,. i e�t about the �. "d side* ty, �� � �.de� ,a. suggestion�on a cx t ,� '�'.� !�.: .fit` I, ,.d. g � �g d,evol p4r *.ould be ` illing to come and be in a Tigard 16i e--I suggest tha)$t. you might be bettor off in the peavel.ton, ,, ,Islas except for tt6 concern .:dr the .k „ata having to go so far � w M. n e •s • l s ti A X „ ♦4 11 ,11 i ..,, ,4 TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARING November 10,!, ,,y ., p hensivc Plan Revis L n CPR' 15-81`� 1. 81 �`o�n--�^ Amart Deve ,,�pcient Company - Surnmerlake II ) Page 1 • the real n being 'chat MaryWoodward is already, from wh , 2�.rel. � 1 (r,•oni.. heard- ) I have hed (and this is ;rom my cousin who teaches *'.n the Tigard SchoolDistrict--a school professional there) that this is from that gal, and she says it is already close to capacity. Ithink that would pit it over, and I don ot know for sure. But anyway, my peint being is that the schools and the traffic are things the,,,t will change in time, and I would like to know „,f any tral xic pz,o j ec tions have been on target. Anyway', with vs1l' the 4:lyanging trends, 2C) years from now some, th5,r g else may happen, too. But essentially 1 was goiAg to say one other thing, and that is that we;'are r t all aganst each other here, T think -- it a matter of you've got d developer--and I am a developer also a;, but I ani not here in III front of you as a developer. I happen to be very concerned because'all of a sudden this condominium is gc.ing on behind ,, my backs Well, that may sound hypocritical, but it's not, because your 'job and your residence aro two different things. Host people don't Want to bring their work home, and anyway • 1 respect what they. are d; -,-if I hp,-1 t1 ep roperty I might be doing the same thing with the same consultants, because you t;an tell they have given a real rrof'ssionai representation up to now, and I donut figure that they would lose it from thin point on. evalue try point: is just to say that we do .have a different y because they,are looking .t•.�t from a development III t from system ,� standpoint; are lookingr g are emotional be„�cn�e we.a residential standpoint. An'l, I think one last importar.t thyung I would like to to ,.Y talk w,hout. is the fact that if anything . is ever given approval, it is a conceptual approval if it is granted-rand we don't want it to be granted if I Were to be s e ting for the neighbors d myself;f; but .hero is just a P Yn; sa 1 .ay s. lot of things in question w... we donut know the materials they talkingie; don't ow the design -+- you, know' are` about, using, ' en be shoved things on Murray Road or, you know, so fa,r what he has done in super; but who are to say .',"hat theyy are boil's to develop itl They get the higher d city .... they can tt icn around and :sell. it. No one,. not even myself' if ',I w re Cue developer, Voll'4a wait to pin myself down on a vi..c e of �..p Al and say °that I will develope ;t,t ...Y 'beoaat st Arr4' Lutz does a 0 good job of devel o pin , g « . but Iwoul like to have those thoughts considered once againabOut the fact that-- pro' ab'4y the most imPortaht feat is '. thatfina .oing is the thing that ,s got to iooben ix..pthat has rthatis s the th�.xtg stepped � fOrd' + tthua.g- . Its not' people Prom �a+�i .. � ®a ng ~�.'�'�� to of the issue that people coot afford a 71000 q toot. lot with a 10.0 sqaars fotyt home on it, Thank you. epedino: Thank. yam; 4 tnel. A'xy other patties wishing to a,,, eak in: oppusitiong, or oppeeod + this m )ass 'e " yes$ matam 10 . TRA iSC. TPT OF ' IGARD PLANNING G COMMISSION HI;A LING, (November 10 1981 Comprehensive Plan Revision CPR 13-81 :Amara Development Company - Summrlake II page 1,;, 7 Capron: *Ii am H. Cay Capron. I live at 12770 SW Marie Court. I probably live on the far outside edge of what can be looked upon here , as the affected area. I live just cuff of 128th--two houses - off of 128th ,and one �z:^t block off of Walnut. , I believe that we are talking about the same values here. , It isn't a.separation of neve oiler and residents at all, or of personal interest and social obligation that we are talking about -^,night. We are talking about how We are going to place certain types of bous ng--wher t it's going to be pl ,;redo r don't believe that anybody here denies that thele is a s need foultifa il,y housing, clustered homes, condominiums.omini g,' aumsp The question is, Where is itto be lOcated? I suppose it should .:got be located whore the applicant would like to il.ace t within this POrticult,r fteighborhood. The reason Thr thin - " is, that there shoU/d b.0.1- Options in housing. The argument of the applicant is, "Let us give the public options." I believe that if we have this t ne of rezoning, the opt On for the person'who,wants :a singis family dwelling' ri, a siugla gamily neighborhooc YYis. c winu.,l ing and in fact isdisappearing in this type ox action . Y The first man who.applied, for a zone change tonight spoke of ,ares and ,al'res of medic m density dwellings »-dwellings just across Soha,;` .s Ferry Road. When 1 was looking for a pace too live I rejected that area, and I rejected. ,,tlglos Lastly housing that waa' hear that area, because I, wanted to live �n a neigh- bor�hoa.. a z e . g fa unity, because s t � 4' that �: h type o late ed single fam�;l�` � that saux life would like it fits m , famSl ,, y y If You look at this plan, particularly with the idea that the , asst developer er ueXt ddor, Would also like a, similar situation, you art seeing mor and more orange on that map, and lees and p yellow. ref th . � is the sax,l plan that ist approved less in this area that ie out;llnedthere in yfllow, and 'wl are looting at 'tore orae a bounded by 128th. Walnut, the ,..greenway„ if these . .. . . . raieally change the character of the ne'ighbo; hood that We share the people; Who live on 129th,, 1taZherine going t.oltrteocl, 121st. eaple who ars living in the Morningside area that .are going towards 1'35th it the peol. ,. in my area 'auk, in: the BellWood area, goi g back tow ds Wa u.t ,'m » , all ofus are going to e perish+ice a gradu l difxeren►�.e>in our g m : differenoe is goi,g to be theta b , ne.x hho�hc�od. The , of eo le � oi in and: :out to the heart of the' ,nes �� � I� you look at, that xn .;... this pita � �.ghhor�'dood. #, you s.P i. or, higher density housing is right in the h of this largelysingle family d.ls:tgna tion. These p opl: are doing to' bei going in and out, and they „ , l ars going to be, going on 128th* If that is made a throng *i r r , TRANSCRIPT OF TIGA:RD PLANNING c OMM'ISpION HB RINC1 November 10. 1981 Comprehensive Klan; Revision CPQ 13-81 Ea hart D:vetox .ent Company -1 ummerlake II • Page 16 Ca ron. street, We are going, to have people who would ordinarily take 4 , `- (Cent. �cholle err --wha don't evenlivein this area-.whe ordinarily .0 / take ."r holl,s Ferry dOwn to 217 and take 217 into Tigarl or`to 121st over to Walnut*.-and nobody wants- to drive on Wa t because it has ? 2 but they will take that into Tigard; • but they Will not do trhat--»they will. out through 128th and we will have all those people in addition to all the people coming-in and out. • • The gentleman who spoke' before sae is very right, in that, that • may have the capacity to, hold the cars they are talking-about. But she co unity that lives along that pathway foxy that tY4t/ffic--peoPle do park on those roads and 'he,' have no ;Other places to ark because they,have turnead theires into a family room. There i;, no safe way that two cars can park on • • that street with cars parked on either side. There is ;. (cars parked?) all along there all the time. I dr"-,•'not-havve 4u childabove the age of two, but. + aM concerned for the people' around me who do, or who even have ones who p1av out in thm r ,yards with a ba_l We are looking at increased crime rate be�;ause we are looking at 'nigher population, density. Not becatse se the people who 'move{ in there aro criminals, but because apartments attract more people, because high den °it{y where ,: e y to move in and out OT� an .area 0 • * . 7, people attract" . • sThere s r way that this proposal, will not rad eall� changethis n��ghbohoa? or group of ,ne=ghbcrhoods in here from the Intended land Ute, as eztprozsed in the tone area that was in effect when the eole who lie in this area bought y their hom,ee ►- ituat;l y F .-�' g ail, hot al]. - virtually all the homes in this area are very new,--bout a dozen years old, dowli td some a few months old'. People bought the idea that they were selecting nate off' the • options :in housing- .a neigb,:" prhood filled with 81iagle faml.l. homes. That option is harder and harder. to fi�idd You ,h4ve to look rery hard to find ars area : n. which ,e ` s4uar , I m le that is' principally single fammily r,on:cc scar ial and I would, hope that the Commission world 3,00k, at that i.n. terms of unity -breed..not ju vt frir tr4e neighbors-that live c1os6, but he auae of sooial need, iPle don't want to becotce ho to geneous` and evetYbody ha e to live, in a si.z g2e fel .home but neither do we 'want to be homogeneous and say ;nth ;t every neigbbo hood must bet o4�J:(ibination, of different t ypes o f, w lags CAO th , g 1 would lie to, saty: lope uJll :4.11. my nd ;fors tha be'tterm'ent oxo` Tigard andfor, the continu` t of good rirl. tbar- 11,06di yor Will tura down t„le tonight ) ahCM' l..d you turn the, app r.,e t dog audthe �a '1 :c, oo wR• bask, with' another. • i � .. ;:fir • • i . SAI 1 { 5 /1 a n y t \ M n TRANSCRIPT OF TIGARD PCOMMISSION HEA PLANNING RING November 10# 1981. .. Comprehensive P7,an Revision CPR 15-81 Amart Developmerit Company Summerlake II page 17 Caron: proposal that is of lower density but still not within the (Cont'.,) existing plan, I would like to see that applicant work out '. a something different in tertro.a of traffic flow. I believe if there G any other type of development other than single family houses in that area, that 128th and 131st not hook tip ' n that manner--that there should not be an arterial between ,.. Scho1';Ls Ferry and Walnut at that point. Thank.your Tepedino s Than ThaWit you, mai am. Are there any other parties 'wishing to speak In opposition to this measure ..,opposition Wagner: MY name is Ron Wagner, and I live at 1a6 ,SWYatherine. This morning,'in the Oregonian there was 'an article, and it o s entitled "Beaverton Issue--Increase in Dens .tyL , and there is one paragraph in the article that I think.would be worthwhile r to read, anal Nit states: "The city requires developers seeking to increase the dens i'i*Y on their property to request .rezeniri frOn urban,standard single e fa ily home.to an urban medium multi mi u,y home designation to prove'a public need for additioral housing exists." I think the word "public need" is pretty important here. Do we have a public need here for the requested increase in d'tsit ? Ii., ;the Bellwood. housing developtent there is Be1lwo!:sd Terrace Condominiums;.ms• c �. Y p s 121st and Scholls Ferry there is ? '? t o,ndominiume, which has plenty cps' space available for someone who Wang to buy a condomintum. We have it':early offered about all the .c'ea around this particular proposed change that isalready zoned A0-12 Do we need another zone, change for :,his density? That t s it. 4 Thank you.. (Applaa`,:.se from audience.) T:ped';no: Any other parties wishing to speak in opposition? Campbr 1: Yes. I, am Nancy Campbell. I live at 12 9O SW Katherine. I am on the corner of the exit From the proposed development. ` I am against it from the traffic standp;i;inta I have aloe lived in two types of this community before»-arid both in Illinois, poth had some real problems with roads, as the other similar" types of develop, en.ts in that area had. Voice: What "community 'was that yo1: wer o, :fit" Tepedino: (Pounding Tavel) You ate out Of ord0r, sir. "atnpbel.l.: okay. why do you say that these will be private streets? One °±* the pro1I,6ms th roe ,ly tecame an i4$,ue in Illinois was r , that there had not' n,set aside proper reserve "triads to keep the roada ill a per, dual.. are situation. Ci w')urea thee' en ,ea up worse that. alms;,14 I also verymuch confirm abt, t the shortcut traffic th64t Would come down murray a` d out . 4 . I think, that the tr F 'fic would exceed the 2100 oars per day as r - , I , T T 44. • 1. • � f" /�1. n • t r � f Jtam'yrt , a • " 4 « T OF TICARD PLANNING COMMISSION HEARING Nbveiitber' 1981 - Comprehensve. Plan Revision GPB 15-81 Amart Dev lop'Ater,,t. Company ,ummerlaks IS Page 18 Campbell: soon as the ,development was finishad. I don't think people (Cont.) would be to ing Walnut any sore. I really s.eriousllr, doubt it.: 'There is another q xestion I have* , The -Art Lutz Development Company, from all I can find out, is in deep financial trouble, and they are trying to bail out wherever they can. What is to stop them from, getting the.project ha.;;f way thrDug, and. like what We see over across Scholls Ferry we've got units that are not tomp1eteare ..a,t a complete standsti'll• It brings rodents in'o the area, it brings broken windows .all sorts of problems. ? ? I don't see why they should-, dump this type of r velopment do the midd1 of our neighborhood, whirch has been basically s ngl.e fami;t.y. If they are small : Sots, single family's I might concede that*, But it#s taking away the essence oa our r.ommun ty. I r,`aoved, here and bought my"home on the basis that, 'I Wanted my child to grow up in a single family residential ,ieighbor,'tood . and I want to keep it that way. 'Tepedino: Thank you, ma'am. Any other parti8s wishing to speak in •1 oppoai'1:-on to this measure: to opposit on , Pattrsott Clairman �ep d no, CorimissionMembers: kith. Patterson,,ll6O SW Manzanita, Tigard. dust �.. 'latter of information ,I would ' like to make w I alk'n some acreage North of the Mary Woodward School and easy,. f this property approximately 820 feet north of the sectio: corner here in this area In 18 when I ple,tted the front pert of this street, presentlyl, Y c l:ed l e Baton Court, rather than cross tete sens tine lana and floodplain ,with a bridge,, it was suggested thatthe street he cula de �ace� and, that .the reaainzig roide al. land , rrma3:n landloc ed until such time as Phase II. Or III of SumM.er- }�}'y1r,�y was �y•tf��i �t `�' �"�,} ''y�w�yYy� G� �{�y �s ryyyA r�"� 1W»L s .ev�,eloped. so I,. reali...e thAt this is just, a conceptual ' r lan toni 'htr but when we of dowi. to the prela minas p g P Y flan, adcess to the center of that acreage is to be providedw I ' - t'ihought T would, Just state that for the record. That azul. eped3no. Thank you,' sir. A.ny other partisa withitg to speak .in oppbs, .', tioz1--o owed to this: Measure for .is an o ortunityy for pP '` pp cross.sexes'iatton .an or rebaattal. I requestthat: ': ' you have a a question r rebuttal,, you, keen it as brief as possible: Ag n.? otoss-,,eXamination or rebuttal?` I oloae the'p tb i�c hearing on this issue* ,Oottittioutttl Cotttuiseioner. `:errdn .o hex"x on 1 'havesome reA a cerxig. about the traf±i:o flet and also qu,es tiona: they to Ure4 about the llcbool* They will have to rovl:4e act�sss for school truces in. gad Cut,' Of that coal' . p ar .area, and a concerned about that parti.ou lar phare of tr ,l* portae on, because that would ndl ode An elementary 'hue.;, r , 41/ � h e • k� 1 4 h . oft w u ti mM1 TRANSCRIPT OF TIGARD PLANNING COMMISSION HEARING November 10, 1981 .x. Comprehensive Plan vision CPR 15»81 Amart Development Company SummeA"la%Q 'II. Page 19 W a Herron: junior high bus, and a high school bus onto the streets. Even (Gott.) if"Chore was only one child going to Beaverton School;, he would 111 hav' to be transported, because it isn't`within ralki:ag'distance. I don't particularly care for the idea of this high density in that area--I think it is out 4f place. Teedino p Thank you. Commissioner IIolleas`a' Xolleas: Well, I don't like the high density either, bird the tra.efic volume going' through single family reside ntittl,; putting t in the center of the single family residential, it is far out IIIof place. Tepedino, Thank You,, Commissioner Speaker? I I Speaker: I would like to ask .tor. Patterson: You talked about access to the center of your property. Is that the center of this Summa r-- lake, or your property? Patterson; The center of my pr^operty. (Newton and cithers Identified it on the map. IIISpee erpi In other words you have affirmed that access to that 'Would come from this current application Patterson.: I was told by 1.14z set .(?) of conditions of the preliminary a Plat of lex=estone 1 thi4t's in the recorde back at that time, The plat is a � It is in the records, though; I ju."rt .. tatted you k:o' 'be aware of it, and the developer. Speaker. Very good. Thank you. I am inclined, to agree with the ladies that thiF; is hardly the place to have this kind of dansity. III III 1ovtever 1 do feel that it the futu7''4'e we are going to have to live on smaller lots whether we like it or not, for a variety 01 reasons; but I will state my Positioat 1 could not support, this density, but I would like to see it,, -this urea some examples or a small example, of the cluster type 'houw ng. Now in cot',- a.o;:,+aiou With that type housing, I� presume that setback , r� uirements would have to be mot�Ified: to accommodateit. Ie that''correct? Staff or . . . Tepedino; 4 . y . Pp Atld then there Would he certain adjustments, made to that under the, PD concept. I that oorreot, 'rankR° 0. S e ,er. Nod' Yon l stated in your brochure here that l there are no modi . f'ications of 6tandards that Were required by this development. I think you Were incorrect in that you d&d not mention. that , c „ '''1 ,, r' it TR.ANSORIPT OF TICS PLANNING COMMISSION HEARIVa November 10, 1981 - Comprehensive Plan Revision CPR 15-81 1• . Amart Development Company Sumserlake II page 20 1 ¢ Speaker: the setback 'requirements in this requested housing would have Y• (Cott.) to be modi,:ied.' Am I correct? Stout: (?) ; I ata �uat trying ',o think -- Newton: I think that he is relat uo to the fact in a regular detached single family housing development, you .have front yard, rear yard, side yard setback, and obvic=rd y in a cluster type housing you are not necessarily meeting the l'..1 foot rear yard , for each Nous and a five foot side yard for each house, so ' that they are modified somewhat. Currie: . development standard as a part of the pp plan . (?) ,. ,,{peaker: Okay t`xen, your presentation would have to be modified, at j fewpyougave _ ire, because you yeas'w in a respects is from what us h o 1 saitl that there were no modifications necessary -at least that is what I understood. Another thing I am interested in is, what al°e the prospects, or what are the means.,-maybe what is the desirability of getting this property into the Tigard School pis%:r ot. It seems kind of absurd to me to have a ' grammar school right on the edge of a school boundary. Maybe • that isn T t something that ,... Te ei no• 1 Wexha1a fought that pr.)b2.em for so many Years! Staff, do yoll have, any comments on that? Haveyn been in any of those battles? �2y understandingis that the �'a to modify these boundaries NeWtc�xt. y' � is foxy the people in the area to petition to the Beaverton €nd Tigard school Districts to have the boundaries changed. T e ', c:ty eta'ff does not eater into it, you knot., we have been sating, We supported it. Moen: day I *ontment on that? I live it B iglewood; aiad, we are in eXact1y that position--a; rather undomfortable ti)litiou; and this c0mmunite7 i'� . .l. a+after the same;thing* We are part of the fleaysrto. School District, but we are not part t oaf Tualatin Ha.l.la b Tig4 rd schools in Tigard p ovid.e all th recreational , area. Beavtrtan does not contribute to the,Barkdittric t# sw• ,fie aro in a kind of no tants lend. nowe'ver,, a 1c,t of the ,people that buy in tt..>e area, . #- . 4 ,► a lot of chi peopl. that buy and have bought into it, hats bought there ..w a rtumlber of them bought there for, tht, Specific purpose o� goihg to , Beaverton echools 4 And any time that comes ,Up it is a highly emotional issue,; and '1 would doubt that there elkor l(w I1 be , a change)/ e w (thea�,Ke Were some side c nvexsat�ons obscurin the moo eedings° some etas mis ed . ere.) g' g _ e '4 Christen,: have n0 quests of 5. ,. 1 t ,,, 1 ,, , ,, , , „, '/_+ per. ��'^'� ^ . r. ' .• ` / a d '''. o ,;r,.<; ., . ,. I�' �,h. ' . . f y TR R'SCR'IPT OF TIGARD PLANNING COMMISSION HEARING J; November 10, 1981 . Comprehensive Ple , Revision CPR 15.81 AMart Development Company -» Summerlake II Page 21 Tepedino: Thank you,, Commissioner. N omunission.er Owens? Owens: find . . .(she wAS some dxatan,rye from the recorder, and some of her comments are wholly undecipherable) a . but ca, plan definitely is not in agreement with the NPO 7 (Plan as it was devised. Tha whole concept of that kind of xensity` in the wholo area does not fit. It ?',oesn't fit the roals that exist, and there's you know, we were dealing with the problem of o . parking . ,.` road ev4t n with that s.nd of a density, and this just ,'rtakes it Worse. True, the ' canonics have changed, so" that bx dugs more to bear, you know--the possibility of what Was planned in one year doesn't fit for ano whey'a _'. a . ,.• . . . a bknow; it's don't �,"� B tough one. Te edi .o � Okay; Commissioner Bonn? E Bonn: I do not have anything -- (Laughter), No, aCtuall..y.. �thaY<'e are a n.umber of issues here. 'Etre density, with only the l ,nitod st.ount of street access, and of course right now it is very di "fic .t-y-any direction you go, the streets are horrendous. And T don't know whether (?there will 'be?) one hundred or two hundred or three hundred or five hundred, Will havfs, to be bussed to 3eaverton u . e .be something that has to be looked at thaw wasn't adc:ressed was the Patterson grope t that from what be says is a condition that has, to be ad& essed The concept. .-.. . like some of the concepts he hadon, this clr stering, and everything, but the density is going from 160 units to 401 units . . a tremendous .increase, and .l believe it will severely impact that area . . and create a tremendous amount of problems — pike Sholls ;Terry Road: you take that on a rush hour .now, you are going to sit quite a while just to got on Scholls Perry .Woad. The impact of another 1.50 cars or 600 cars or 'I don't know how many there wig: . be, is go to lead to problems that have not been addressedt. I believe that the feeling that there are problems that haven't been addressed yet # . . e. . I am going to vote against it. Tepedinno: Tki you, sir. Commissioneroena ben: Tell first of � all, .L would like to' •oom.�ieno the ;L�.oa;�.t. for applicant his prOfeSttiOrialiStl. ., I think It is one of the bost, we have 60en. in a long time. I would like to commend the opponents . . (the serve was for 'their thonghtrul z)resontation.) • I think we have a ,responsibility to the people that are already thtre .in u qhs Gem re the area. and a goad. in. N '7 :states that. � .," kaeixsi/e p.en recognizes the ostab .ished character of exi,ttitg neighborhoods and seeks• to preserve and enhance existing neighborhood valuesw." Anil that Leis been spoken to dare tonight. The developer also hat 0 responsibility to the people he has trlt t TRANSCRIPT OF TIGARDANNING COMMISSION HEARING November 10, 1981 . , Cora;pre'hensive Plan Revision CFR 15-$1 Amart 'peve.opment"company -- Sutmne;,rlake II page 22 Moen already '4 p o1�d to in the rst Yiae'e of thri dev lapment. I p (cont.) , actuay�,ly dropped in and talked to" these people and looked: at 3 • some homes in the,,area,, and I would comment here that IBX X had purchased that home in that area and was now in this situation l would be very unhappy under present conditions. , (f Lastly, I want to ;make a comment: what we do:here tonight, as on other night really affects what 'Tigard is going to look 1;i.ke for the next hundred years I don't think that We can make "hose deeis4ons `wholly on econontic states, such as we, .S. . ,would be very tempted to do so. I think . . . 4. ' ', I hope that Tigard, .oes continue to Provide options. I Suess , this is . . . . I think R-7 zones as providod in the past is the place for R-7 zones . I thin I know,some people like ttw R-51 and the R-5 is fine. I think We do need to have option for R-7 somewhere in T ;a,rdt ei d I , think this is an ideal place for it. ' . . . . (Applause ', from,audience.} Te- edjno: Thank you, Commissioner Mo'u. I would ax,preciate it ifyou world keep your outbursts d(),'4A. , ° my only commnknts are khat Tigard hasto provide. ?affordable? { housiug. .tbere is no question. they are under pressure to d that the problem I have With this particular application is really in terms of policy considerations . Some of the opponents +entioned that. We are looking at a policy change h o;: RANSCRIPT or TIGARD PLANNING COMMISSION GEARING o embezr, 100 1961 -» Comprehensive Plan Revision, CPR5 8l A fart Development 'Coripany Summerlake II Page 23 Eliot: a1plicant has stated in detail, beginning at gage 34 of.' its dont',) prs 1, say., .. hat If considers to be the applicable goals. I would jut like to suggest that the commissioners, if you have not a ready considered these in detail, to review the goals. and consider them in your decision. Particularly Goal 10, on housing, which is set forth on page 46 ; and it has already been discussed by individual; commissioners and by the applicant that the city does have an obligation to provide a mix of housing, and also to comply with its share of the regional housing need along with, the other jurisdictions rit'tin the " urban growth boundary. And I would just like to .bring tho ,. goals to the commissioners: attention, and ,erha+ps it might f be appropriate to discuss some of them if some individual commissioners would like to Tepedino: Thank you. I would like to respond to your pointing out Owens: 1, Goal 10 on I . housing particularly. At one point the NPO 7 met and design. natd areas which Would be for higher density housing. At that time WIPO 7 had the largest amount of land that Was not yel,, developed, and so a greater responsibility fell to N 7 , « that . e for this needL in the area, of increased density. Perhaps kind of tbir.i ' g and that particular ° at was designated for increased d area. wasn t one of the areas that density. The orange area that you seeother than that area are the ones that were designated for increased density* ag ourpart of contributing to the over—all Go} .l0 .requireient» • Sol don't, particularly see ati wr;l`,one of zny problems in' this ...Iap licateran here-�.is that I feel, that the areas til.z lady zoo fled within our . . . a » • 4 , epedino z All the commissioners ssioners b e bad O;Ka�'i ths. yqu, �a�niss�.oner» I , a chance to speak. The public hearing is closed on this. 1 would like to call for the guest3 o' , CoMmissioner Moen? Moen. 1 would move that . » (motion for 'denial lost .n change t tapes.) « you. ,� �; p �, o. I fban,� �c�a Gt��..�css�.on�r Moen made a. m.ot�.t�n, for disapproval based on findings of ."..."act and staff ;presentati n..0 as Well as the discussion here at the Co m scion: loved.+ leas: Second., .. epodito:I H"otiOn` made and'se ondedk Further .sets on? Further die-' c° scion/ l cell for too t uestioni, All. those in favor of the lotion made° and seconded for denial signify by saying Aye: is d . F+ • TRANSCRIPT OF TIGARD PLANN''ttG OOMMISSION T + RI G November l0,, 1981,- G .mpr ehensive Plan Revision CPR. 15-81 Amart DeveldopmentlCompany Suni uer1rke II P(ge 2+ lr (ibioraa: Aye + these opposed? (o `.r�spo se.) The '. ot; on is. defeated urian ,- ` Te ed3xxr. (Ste) ( Ie meant that the proposal was defeated.) is it • :...,., r ..— .. a....... .......i.... , 1i MILfl TES TIGARD PLANNING COMMISSION i Novemb r 10, 1901 page a 00 , Curry proposed a nonremonstrance agreement. Speaker inquired if what the applicant spent on the street would be recoverable. Currie said '8 no, on the basis that what<he would. put ke in now to Make the;site to � z present IIIable would be far from city street standards. ' )Senn �«OtrrE� approves. oofCPR 14 01, ussed on:` she findingsin Ehe sta.£t report, with conditions that a r_onrenons�s �rance aeene; b �t � T secured on future street improvements; that agreement be secured to dedicate nece.6sary righ�:-of;-way ;or the road; that the septic system be approved by the Washington County Department of Sanitation prior to issuance of orcuenc - permits;p y that thesite be connected to sewer when available. The motion was seconded. Currie suggested the inclusion o c' the standard conditions and one that is no,, standard, which is that he apply for a conditional use for a veterinary office. There insued, discussion on the necessity of the conditional use application. It was aa,,rt ed after the minutes of the April. 1929 ;PlanningCorn- mis$ioL: hearingonwerebybeen Dr. Roberts e had, y ` ' rina.rtsoff.Leseas a conditional use intheC-P amended to include vete zone, and that it would be necesr,ary for Roberts to request 'conditio+gal • use. Possibll procedures were c';iscussed, including continuing the request to .allow the applicant to include the request for conditional r,,,,, use. The'motion on the floor then failed, 5 to 3. Speaker thereupon MOVE continuance of CPR. ".k-8l to allow applicant and staff to work out conditions they feel a 4; appropriate, 'and, to allow the applicant to request condit4 rna1 use, with the feee to be waived for the conditional use, and that the item be placed first on the aencl . of the December meeting. The motion was seconded by Bonn and carrited unani iously. The President declared .a five-minute re;ess. VISIO.i CPQ' 15-81, SE SI..J` .1 I.A.ZIDS P3 tIT 1.'4-.6,-01, : ' DI°'VE7LiOd`l aT Cts*,1Pat`3y h PO -* A rertes� �� q ,� �rt y Deve o ment Company for a Comprehensive .a� Plan. Reviss,on front, fw.7 Single 1ii'am,„lytes... entia1 tQ A«42 Milt-i,$amily" tesidenti.al; and applica1:ion th address issue of Sen.siti''re lands in Sumimerlake phase' It (Washington County Tax Map. 1S1 '3,D to Lot 100. Newton read the ST�.1'1 REPOT and R COI,Uf " , iilu.strati.n, x { p.,. -; t , ., Various ,p�;l.f�,:t� on the Wall map, �.,.. E �� z p Wish to She explained s�af� s concerns and s ete d tb �}} 4 J.u��f G� �/Vi.,{dJi..r ti7s��.A61 might i ;.•�vrer density) t `��ht��.�ta�,.d��*�t��►��econend a. res�x��iss�.on at a perhaps 5 instead of A-i? The .APPLICA`ilt S'p.RnITATIOtt was'made by 14a S tOtto of l'or kendoarf I�Stociat .s 620 SA1 .P.ift . Avenue; Portia .d�. Re ope . ea With the request I I r 1 a ii MINUTES TIGARD PLANNING COMMISSION • November 10, 198 Page 3 that the written rAresent.tion be entered as part of the record of this hearth , (See`tlse c: pi'right notice on the sheet of tables following page 80.) ne s sated that since t'c...:w first phase of Summerlake was started the c Jmpany has contributed i•r p rov bents north over one-half pillion dollars, including 17 acres for park and park inprot;events, 1 ' .a trunk sewer line, etc. Tho'zr request euest for changes ;ia Phase' II are , occasioned by (1) real charges since 1977 in the h using induG ur J, `i (2) increasing pressure frog' Metro and LCDC to increase dens'*ty, and (3) unanimous direction b,: the City Council to the developer of an !, ,« adjacent property to increaMe his density bejond his request. I' Stout (detailed ne ;oi.'iations with the previous planning director , •bh l ,` which Prompted the nature of t ,.s e testrHe descriesthe F sica . , ; characteristicts and uses of neighboring PS'Oi3.rte es, and showed drawings ' of the types of units 'Proposed, and a few `slides of actual.. units in ' other nearby projects, and clustered units in Californi.ar He emphasiz,Q, `. that all of '`.he units, Ou d be for individual ownership, and stated ',°'A ,, I I the density would' be 9.27 r_:i.its per acre. He stated the density '� proposed is acceptable because of the large amount of opera, area int e p a P n� ' y• P 1 Re discussed for the benefit of the audience other material in • their printed present t ,ion on the access to th*: site and the proposed street system, the school situation, Carl Buttke's traffic analysis, . compliance with LCDC gnale, and approval from the, f'i.t e rarahall. He I'introduced Phil I,Millard, President of Lutz .Develof:9.aent Company, 8925 SW Beaverton irtirlhwaw, Portland. /1 ' l' Mir. Millard discussed the real estate market in some depth. provide "affordable 111 Az.a builder-developer he stated their task was to hot�s�.atr for tte acknowledged large market ft��• new housi.�i;'Utz.Lni�n the ' guidelines esta'biish.ed: ,i «. the area. T"nei.r� proposal. represents their aff or a as developers to meet this public need. PUBLIC TES`�'111.01:1, alnost all in. oppositions:, was prese sited by: *** X• ,J. k rt of Cl«ather Engineering, Penv'erton, ,1 representing , • r g. « Pt nt to the r �, mss, who a.5 the develo er of the d } 1� T y{ y�,t� h �1'�.d �r t1 r.}fil iaW ��.� �j �rve.L S. st�.C3 spout ZvwIst of +he Sutimer Lake site. e''took a neutral pasit or 4 He ' felt whatir, proposed is a lmajot change, to which they have its objec ' ' donbut tuat if t'-..it prop.osal is .ppbct v'c they ey would likZ o have ‘ � s�ila� consideration ard action on thirelopsnty He submitted a letter from Wedgewood `�ore�t exp ��s1�g their conoerns. Mr. 'Won was fo1low:_d by several ka.therine'Street residonts who « .. ;presented 'veil.-oarda.riate.di arg _�ents in i~p,p osi.tiOri: ti� * * Brute 1 marker,, 1270 SZ" H therinee felt that o e week prot notification Wee inadequatefor those in obpos►'tion to; pry tare, a proper, case against an, applicant; possessing the il'esoUrce41 of mart ')e 1.op .ent. n . . s 9 n6 fr . .' ♦ apt [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] ' TI tRD PX I1NING C0M, •rIS SI0Z.r a November 10, 1981 Page 4 ., asked those in the audience Who are not s9eaking5 buy,a. who are opposed to the proposal to stand. Perhaps two score did so. He expressed the conviction the developer is unable to sell 7,000 square foot lots in m today's market, but that this situation would change „i the immediate future." He urged the commission to resist the pressure under these conditions for higher density, stating the develoae j had �k. i_g h not made' a 1 . 1 case for the drastic change of the comprehensive plan. * James Nicole, 12750; SW Katherine, read, from the 1978 staff ' '\I ...r rencirt oxa. the Bellwood P�.sk subdi�isir�n in which it rtes found that 128th, then designated as' a local' streets was already used over capacity. While' it ,s not designated' as a collector, the level of traffic remains and will increase with the development proposed. He ;felt the proposal is insensiti.ie to goals in the /,1:0 7 plan. Another concern was the ' ability of fanno Creek to absorb the additional water from the imperme- surfaces 'in the' deveo ' ,able .: rm ent. ,,, *9 * Hark Zimel,; 12925 SW Katherine, whose property adjcins the development, credited the Lute. �.a�:i Company with q' ty developments. He p f recognized Carl Buttke as an expert in nis business, but raised the question whether the traffic vroposed on 128th is usual 'or unusual--a ...-- question .-. q He sugr, - rem had not been addressed. ��,ps�-Gd that, if the fore- " cast of more Peoplelivingcorrect. thea the; uF�,stzon which in smaller units is co d' Beaverton School District's estimate of school population based on 4 fewer children in the smaller units could be incorrect, oecause the smaller units could be housing a more representative elemnt, of the papulation with the normal ratio of school children. Thi%5, he felt,' would overburden the school capacity in e t,er. Beaverton oz., Tigard4 \` While bo approves .r, Lutz's develontezl cs, 11.e noted there is no as mit ra a.ce that Art Lutz would actu•.11y develop the site if the density were increased. He felt the present high interest rates will charge, riga that people generally will be able to purchase normal, s-�" homes on b�"'. 7,000 square toot lots. *4 H. KaCaproni 12770 SW Marie Court° felt that t is' proposal materially reduces the optons available to those who want single: family homes on standard lots. She expressed: concern for the increased traffic throe h. their established residential area, cy e .sed nrime rate, and the 'chaff;e in the land use from what people expected, when they bought their homes in the area. She did not feel it desirablr. to, have all types of dwellin s i*,. eVery neighborhood. She u ged a change in the ``proposed traffic flows, should this appl ca c submit,a request for lower density. **1' Von Vtagner, 12645 Sti katherine, read. a paragraph from an tion increase in dens.,y' in Beaverton which raised ques.. article abo�t he \\,1 �. t of rwpub�'�io need" Of condomin umt and other high-density land uses * '* flanoy ce=pbelio 12790 SW .Ketherine, opposed, the development .�+.f ,yp She told of her bad e:tperience in. another trot, the traffic =s sand � .�4 d.ca c ,*-y tita private streets She outlined possible diffictlties With !�, I } 1 . s 1.IINUTP� T3 G RD PLsliri'iIi'IG C01.11•1ISSIOl? November 10, 1981 Page 5 y ha development should the Lutz or�,a�i^� ation .hG T J ��� �r morit only y Partly finished. She wants to keep the neighborhood single family,. Alan Patterson, 1loStreet, *** Patterson,� _ �0� SW .-� stated a owns 2Ian:� .ita dt�eeter� ' 1 property just' east of the`' site. When he develop ^- n portion not cross the_se " t` his property ' t was suggested that he '-' sensitive lands of pro ar i to reach the western portion, but that instead access be gained through proposed Sur,�,;,:r Lake II. The street plan �►.ro osec does nod-, do this. There was no CROSS-.r( NINATI or REBUTTAL testimony;, offered. COImISSI0:7 DECISION AND ACTION: Herron expressed concern for the traffic situation, ' w especially' ith rem ect to school c aildre'n, a d ' felt higher density is out of place at this location. Kolleas disapprove the higher density in the middle of a single family area. Speaker explored with air. Patterson the previous arrangements for access to his property (which are apparently a matter of public. record). He ' couldnot approve the density requested, but expressed a desire to see is housing, which ` new to this a small ..example at least of tile cluster area aid needsto some examples to show that the concept does well. Hequestioned the of the statement that there were workaccuracy no adjustments to standards being asked!. for in the proposal. Re inquired the school district situation and the prospect of getting it changed. It was pointed out the request for change would have to come • from the residents, but Goma ssioner Moen stated a number of people ;kc' have bough t in the area because they wanted to be in the 'Beaverton s` emotional issue with little school district- He considered it an � ' prospect for change in the foreseeabLe fixture. Owens reported the WIPO r7 plan did not contelrplate densities of r this magnitude, nor were the roads planned far the traffic which .^ be generated. Born felt the increase of density' from. about 160 to BOO units Would have an adverse impact on the hi h ,� Moen .'' ��' system.eL1. commended the applicant on his professional: presente,tion," and the P� P s�� .. Presentation they made. He 'felt the Qp o;tenta on therel3. considered resen developer had an obligation to protect the neighborhood as contemplated C in the cortprehen sive plan, and e:preed the opinion that the high 1 intere;st ratos are not in adequate reason for charging density in this it location. Teped3.;tio l while recognizing Tigard°s obligation to provide a!range of 'housihg, felt that the policy issues Sf established neigh- borhoods eigh- borhoiod� ^ -_mud trafc g��,orat�L..�. on involved carried greater> weight.{ ;« .e 's staff` discussed the LCDC item Zllio tt of the city .t attorney's rny1 • goals, which had been well addressed. by the applicant in his written 1:1py..�� yy�� -�» ��1,1p�y�yuyy resent'ation.. I.. baseCPRd OA staff findn.s ��ioen..(1\\\ �•tO�,�D denial of t�olns�randn �. evidence reses.te� duri�a� $ o colt lusion..s and .. „commend, o p the meeting. The totion eras°Seconded: by "olle ,ss, and carried, unar mous1yi s Staff Report Agenda 5.2 Tiaard Planning Commission November 10, 1981 - 7:30 Fowler Junior High Lecture Room 10856 SW Walnut, Tigard, . I0C CET; Comprehensive Revision,. CPR 15 8l St me lake �I) . PUBLIC NOTIFYC,AZSON• Notice published in TigardTimes October 29, 1981 . and November 5, 1981. Notice was mailed to surrounding property owners within 300 feet on Qtober 30, 1981. APPLIC;AN T c AMART Development Company 8925 Sw Beaverton-Hillsdale Highway Portland, Oregon 97225 • OWNER: Same APPLICA11ON DATE: October 23, 1981 Katherine SITE LOCATION: North Of SW i`a.t between SW 126th and SW 128th • Washington County Tax Map 131 33D Tax 100) . REQUEST: For aComprehensive Plan Change from F 7 Urban Low Density ty to .A-12 PD Urban Medium Density Development and for a preliminary Jr an Revi.ew. PREVIOUS ACTION: Reference ZC 28.77 S8-778, SDR 36-79 FINDINGS: S: F 1 , 1. •gnyCity i.,far The site is de s�. ate.d Urban Low I7enst on the of T d Comprehensive Plan. Map and NPO 47 Plan Nap. 2. The applicant proposes a Planned Devel o ment Districtrictwith Singlele Family Attached Units, Single gamily u:;ter Units and To`rrihouse Con, ominiums 3. The :SPO 17' Plan Map designates this site, for Urban tow .Density, approximately four single family tnits per acre, .. The Surrounding land uses include single family homes to the south; Nary yreenway to the east; Summerlake Mar Woodard E'�.�:�:�ienenr� sa.�hle,�fam�thes.nd proposed �mul:ta.-ra:�iiZ to the. Park to the north,,. single g y" Y west. 5. Presently, deads atthe site SW 128th ends ... on the southern boundary and SW Falcon. 131se Drive dead ends on the western boundary Doth, of thes streets are designated as local streets on the NPH 47` plen .. g / through p l'e rty, ' �,rt`�ktn � � the #�� There a sew�r� .line � - �.. �.k't Mort sout�r thr�� property e sere is d School District '�,� Although ��ary 'F�oodard School is in. the Tit1a;�. �firiet az�d is located immediet.eiy west of the p toperty,, elementary school children would attend. sch�'of in, the Deaver � tun School District,:, . N \ n . , . . i „ 44 M+ . wi:r:rwYn + u�www .www+„ wa-1...wpwwv:a«�.hruJ+•+x.aw..d.uuw�wuf�...0ww «..r ..44Jµ:SIB.,.AO414 4.444YwdU.,,,,Lkh.,,,,t�.440..A..J41$•,til.4«r.,x.iwwwwNHr..4.•..au.na.........),4.i�4d....14.,..4..�v _.a r67 «.G:4al ui!w.�l7r�u%4ui �dn`h1z+#.. '4\ ' - h t t 8. Policia fmmthe NPO # 7 Plan applicablto lis request are: /'Policy6..' The single family character of the area designated f' on the Plan Map as Urban _Lour Density is viewed as a positive asset to be retained. Projects proposed for this area must be judged according to affects upon 'this character. Policy 7. Within the Urban Low Density residential area, allow d -on lots less appropriate for single family homes to include locations at street intersections, adjacent m ajOr thoroughfarfs, and as buffers between multi-family and single family areas Policy 8. When developments are proposed in the Urban Low tensity area for sites which include identified natural features' worthy of preservation, the planned developii,ent tioncept shall be utilized if the Planning Commission determines it the best method fOr preservation. #7 applicable request Goals from la. the NPO cable to this re .test are as follows: 2. The comprehensive Plan recognizes theestablished, character • Preserve enhance existing of exw�stir► ne .ahorh_o.,,pds andseekstc�ntrerorosalndsh neighborhood values. Future e l pzne Proposals should be sensitive. to the concern of citizens for their own ia\mediate environment as well as to the well-being of thecitizens-as a whole. 2 CONCLUSIONS: r . 1. The applicant proposes an increase in density. from 4 sin le family units per acre to :approximately 12 units per acre. Given the:surrounding lane uses and the existing Street network, staff feels this increase in density is inappropr:.ate , r.2 , 2. In locating mu lti-family devilloPmentp NPO Policy identifies appropriate. sites as thosa which are located in close proximity to schools shopping,. jobs t qnetwork � serve the density and is An adequate street to re crc�ti�i.on of a developmentcon cern multi-family also a ` 3. Although the proposed, prof ect is located adjacent to a Tigard School District elementary school, the children residing in tl-,,..i proposed development would not attend this school. The residents of this proposal ate in the Beaverton School, "District. The elementary school servi g this site is 2-3 miles away, north of Scholls Ferry Read. Alv pattern for this development is a Concern. There are only The street p� rn .� two local capacity Streets Which presently dead, end at the sotath and ri< as. a west boundaries to serve the site. The ..,.construction of ` 1.3bt minor collector ttirough the site would help alleviate potential t;of fic. problems. Floweve.r, the extension of 130th from, the north connecting 17.o SW 128th at the 'southern boundary is the only through street proposScl p t< 1 1,;..... ' for this roj ec. a ,. ., . YI 4., ( ,, e i «> ALTERNATIVES: 1, 3.. The Planning Cc.)mrnir,si�c n could deny the request as proposed. 2.' The Planning Commission could deny the request as proposed and approve a lower density. '3, The Planning Commission could approve the request as proposed. , 4. The Planning Commission could approve the request as proposed with conditions. • RECOMMENDATION: Staff recommends denial of CPtR iS-Bi anddenial of Preliminary Plan Review based on findings as follows: . e t The request violates Policy #6 anl. Goal #2 of the NPO #7 Planin that approval of this proposal would considerably alter the single family character of the existing neighborhood. Staff further recommends that the Planning Commission consider a request " yR-5 standards- upon re- 'u'bmi for Urban Low Density at xsttal of a proposal t, by the applicant, ! 'r F •••'-` -e" R -x Prepared by. a"/ reZII ,�1 Approved�by x , .x,w,�'.-::_:::74.:',/"...%__ ---24.-!_:"'''' �, !' Eliz beth A. Wert• Frank Ao. Currie , As ociate Planner Planning Director I } } I t„,„ . > • I ; w, t ' rr . , Y.,...U4u.1it.,..Y•,rc.wi+r w.. 14,.n.....41iww4a6.:.r�ws..,4',w,:ava l.6140.6,..,..41•44•wrsS.4 .0,0.....wr+..f ...'N.,�w�+.wj,\r•k••...'Iwai....^......4'. ra.»17 ;.�ssr.;++t:a%.tn: s.wry .iBw txt�;.".::._:":;rw ......iw..rd�l�w.�wa+4�+.?'..�.+.w++Y.;,:.. ...�Yx,�..�ww«Y,.Y...a..�.�.w4.3r-wd+.+� 4. I ' 0 -f y ,. 1. ti , , i ; 1 r ) Fillaw *Tflcj ( ;' F '� ... , LEARIINGH NOTICE IS HEREBY GIVEN`THAT THE " JI1�G COMMISSION AT ITS' MEETING ON TUESDAY, � ,_ I`IGARL� PLR;I�I�' NOVEMBER 10, 1981 , AT 7:3d P �,Vii,., IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH . f SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER. THE FOLLCMING APPLILCATI'.)N.: APP'LICANT:.tART Development Company OWNER: SAME 8855 S,W. Beaverton Hillsdale Highway Pov:t1and, Oregon 97225 REQUEST: For ;a Comprehensive ]elan Revision fromh:R-7 tO A-12PD and a Preliminary Plan Review. Also a, Sensitive Lands Permit ap17,lic&tion.' : T c.., - Lily c:3.e (Washington County Tax"Map ;I,OC,ATSON. iS,,ti�. 130th, .,,�uth'of Glacier Csr 4.S1 33D, Tax Lot 104) ,` s` s c) c . IL'> C •Cha ''. �t4a� t3 \ 44, 1 ".—I".:i r:,a' '411.11 - 94 F 1 '4 La.kl t%.',..;,,., .,g4• .., S` e_ .*** Sk1014()N( .' 7.,,,,,LI . wiony ,4 * s* C' sig 0,04,, Ct,— . 1 ''' 't) f; 4 4-es, \<1°° ri I . - k' 'it (..07.1-ot;W ,HAWX4, STAR I Obit'r ,'4. 04.y- 1_1 P _ 5. - I 6 ,ill'. ", Y "...\,.7(''' ' ' hfAP�lZAH1T�1 , 17 7 . Awa,a x. 13.3. PL• • ' ,„:: i 1 N.,t•511.4ni > ' .�. M I Y"-}... ; o.. bt • i � 1�i�aY ��# Amisigiamapi irsimislEr ■t7� ** M* — ,1 BURLHt!Gy fill ■f stf*• • 1 ■i3 if.tYiifi� ��i■ I f , , } 1 a` N .. y` w • "' 1 Nre- ,41 ii ------:› ..- ATI • k.....„ ,1 ! . ,,,c,,,. (.1) . . • r d `°.CR2ST DIRIVF .ie , , Fiv,:. ,, �!. «`� MRES *INE r � ' v ; (4 r aut. �' ,.ala►,* ... . �tJRNiJ 'i .t ..c 14 HILL 'OR: + a F ' 1��. �i me, hATHERIN r `". S • — m i „ �j yy. , �`” 'Y ,ice ^i .20(42,41,.,. ..‘ . c.�� •.. _ % � ` .- �'` St La "4 t. ..:: +-'" < r.., > . ) if)• f`""... w 4".i i, ifr, �'M�t,�rq,tl AI Tom: . ' .:R WILL BE CoNti' CTEt I iCCOI CE WtT r TH.8' �,CJLES OF PROM** Y,,, S O E PLZIN IN CO. ON ANY* t)ERSONE 1.IAVINC4 INTEREST IN THIS '.MMA ' `'R l .AZ iikZ.SN.0 U.S��TTEb. IN'�WRZTx�iG 'Tt) BE ENTERED' ,l~NT 0 TEE ; "CO'RD 'op:Til ,''I ITI� IlE�RING I Cit TEST�'t�iC� ' "� �" �E �, 5"ICON I) X011 t4ISr- TO APP.8AL, ,.A W1tITTEN ,LETTER bRESSED TO VIE CITEREECoR'DER ItitlET 1 .RECSI 'ED "PR :t R TO THE E PIR TIO T OF ' 'cfE' inTENTIST1►► DAY ITERTWE` L) CIEx .N OF TIM. TlIt ,'P.ii :`'' 140Tt Tia, .; FL" Xs N0T RECEIVED I`Y.T 11N 11,1EN • S, T,TE I IC)r IS VALII W p"yt�� y{/^� �yy i�+ .lay ,I } ¢yxf{ y ' .. +.', olI T'A T , aE .PSL. 4IN G 0.,�P 1RTirl ;N'! AT "•+ -417 CITY'' OE 'T1C `,i m .24 r0 St4 1�$n .. SCR F ':� INF�R�. ,T1t�'� RLE�SE C .,,..i ..d.i.:.... :., .....:-. .. .. ......•. .. ...,... ... :.. ..:.., i.. . ..- rA i I .. ...ve x,ii Aw i i Lx xl ✓, ruiwvlu iii t. . !; r ,••••,;:•,,,.:**''''' ,,,';.4P'1°''. 1 r rt. ..;',,':'2,i-1,'..1 �ax �v�x{ xv 1,,;,, * ,,. �� - .iii;''.. ,-• lifl '/I -ir x -.(0,,,, )w .''3 } i, 13eautiful homes in natural settings !... November 10, 19S' City of Tigard , + 12420 SW Main Street Tigard, Oregon 97223 RE: Zone Change requested by Art Lutz Co from R4 to A2'0 , Gentlemen; We are the developers of Morninghill the. 288 unit Planned Unit Deve1-- , ,�n:� "w, ty for which the zone . ap�cent ch lies to the southwest of the proper I; change is requested. This request raises a number of very serious issues, When we went though the planning process with Morninghill, the policy had: been established that in this area the properties would be devel_ . oped at the density of approximately four dwelling units to the acre (slightly higher in a Planned Unit Development) , and that higher den-- sities would be concentrated along the major highway, Scholls Ferry Road. The number of units which were approved in Morninghill was signifi= cantly less than the four plus that are allowed in a PUD although we diligently tried' to get the Maximum approved. The Planning Commission further endorsed this policy on Brayson's p Part y, to the east, when they refused to approve or more core'ctly�, r� re.-approe a higher density which had expired. The interior street circulation and the placement of 'the various den- sities was all planned based on this concept. Changing a lz<rge' parcel area without y study of the of land^ in the center �►,�•this of a ver celandsis. impact and, ofthe undevelopedinappro�- � the c,e�Ys�.�..,�es all of priate because of the many decisions which have been made and executed based on this long standing polity. Further,, we imagine that 20 unit density wile necessitate large two buildings isidera' le of the outstanding story " which will either black con view from our property or will become an undesirable part of-that view, 9055S W "va �rtlate503-292-8563 -856 i x , City of Tigard Noveihber 10, 1981 Page Two Also, earlyin the lannin which took p � Place between our firms because of our commort boundary, we had suggested that abutting the lake and park would be, an appropriate place for higher density since the con- trast between the more built up area, the open space and the close- !II ness of the reCreation would work well. We feel this location cr the , location along 1 .! Scholls Ferry Road are the appropriate places for ' higher density, Sincerely, (/ John H. Klein, President Wedgwood Homes of Portland, Inc JI-hK/yw 1( j AI r . z•_ F s ----EINIIMinNIENIii&.WAIMM=ii ‘MlinlilIMIIMMENIFA1111111.1111111116 CITY OFTIGARi ''''''''---.---,.--,..-, ,,11-t....-_,--.:.---i„ . � ., - ` „.,-,-.00,„.__-_,,...:!...f. ,=' s ,- i. .. _..- f SVV.Main-,Tigard,Oreg©n 97223 _ ° - - z:1:: I4.1 - �. �A(�� as - -- - ---'-'---.:,,,,?;,IV';',1--',jr..-,..,..,..r_. ...,,,,,,, - V L�� --_ _ __ _ - _---- - - _ _ _- ,-,,,..),-,(,) ..-,--' - ___ _ __ _ _ _ -g,...-,'.,,,„4.--,-,-:.:...- i. =!4`...4- - - - _ - - j f - ?Ec .; b �. ', Kurl ey C .. t273W. Wills Place -_ T-i;ar,c, Oregon 97223 i: : -- ' E 3s i= ani] " i8G l it _ v - -URTplRTEP _ R �. a a i T€.< s�--F--- I Bobs 4 t CITY F t A 1' i r b1::_, !l�ee� �.���,�. P.C) 8(x.23377 L, 1 _ x�j.:;...-1,-.7,:a4,v n i ;.a . 420.S W;Main,Tigard Orecton 971� 0 oc, �. . �. " 5z t Win... .- . „� E�us:� - r>r.w c M(OFiHEBWtVE 1 .e•"' r�,i3-• :,---....,',.• iaa.sss.ro..:..ati.rts;' _ xa D ltj+t , � s ., t , : r ,-,., ..., Russell A. Krueger 204 1 S.W. 58th g/\ * - ' Portland, Oregon 97221 '--..- ,.,,•,, -- �� I �T I TOS ,J t. r �-ttlat DELtVERAPLE E 8 1St_ ; 1UrRLE t FO VAA t(„. L AoN ) R uRU4 T4�liRtTQ. s` - _ ___ _ _ - • e3 - - _. — '. `'� # 4 - sni • l\ `'- — . a 0 . may ' t � 4 i\, 'I * T .-. - -, ' , f, --,.. le) Ink, P 1: )..7 i'* ., ,.. ,, 1/4, ,fr- ; - . / i. .. • p. EARh' G NOTICE Is H8EEBY GIVEN THAT THE TIGARD PLANNXNG COMMISSION AT ITS ME8TInG ON TUESDAY, NOVEMBER 10, 1981 AT 7:30 P.M., Or , IN THE ROOM OP FOWLER JUNIOR �i�: i . , 'rSCSCHOOL10855 S.W. WALNUT TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: " APPLICANT:AMART DevelopmentCompany OWNER: SAME 8855 S.W. Beaverton Hillsdale Highway Portland,, Oregon 9725 REQUEST: For ai Comprehensive Plan Revision, froml.R-7 to A-12PD and a Preliminary , plan :Review. Also ,a.. Sensitive Lands Pei mit ?pp?i ration. LOCATION S.W. 130th, South o Glacier, Lily Circle (Washington County Tax Map' 1 . 0 lsl 33;D, Tax Lot 100) . ria,q t Ign...44 . a d T 0 4. G "c;t 1.., !" S 1 ,.., , 1 _ 1c. , �� cv N. + -- ,, Q s o� ., 4 .. . , , a , rl ,/"s i _:...2.. ..... `� D ' GOTTOtiW 0 t'IAWK4: BEA YQ '• 5 tJMCt! flT > a t5' LL1 i.* s.,` -',0LILY CIR.' d PL,` ,,,.,., �sR w 1 w,\,'d E tR ....,s... -w .l ;iaa®ee+yidit il[ix ,.Cy ,�,,.......- .''� I I N SURLHEI w. ..... 3 to ,. SUMMER D . 'Hifi r. ',1 the N -. . R• �� � � • LOt,ST OF? !; 1-I . •F CREST I)RIVF �' ,� ," htEFIES r•:\i . c,.. - , .. � � �., .fc 111' , L ON ► u >� GT = . .. ALC OtV.RISE DII • -z ,__ -,______.1. I , »+c y � T s MhR C/ ' S kATHERIN .� �!i '..-- P.' SW ' r"--: l,,,, ,,,I . `� �i '` •I<ATNERINE ST AL1. f------ RfDG c )� w ,„-.* I').... 1 r: 1-1,-.... to" f LLS';, L .... .,:t , w ctir > ,, 11,,t* "" .0 ". r°ti...,.,,�....,. T:„.,40....... ` "iiittlitill t ' • THE PL' L"IO HEARING ON THIS' MA TER t rLL EE0ONbUcT. b C ,A.CCO 2.bANC 8 WITH T ItUtitS OF P O Oti s p OF THE PLANNINO COM tSSION`. ,i PERSON'S :iAVI IO INTEREST /N THIS MAIL ER MAY ATTEND .AND ti : EE.A OP.,, T S IMO ., r .1 F, L;IT3'.AL 1 ,` RINO.' �.�� ��.; ���. StrJA.�II.�7'Fb IN, �'PITINO TO BEENTE�I�► INTO THE :RECORD OIC z'�., I' SHOULD YOU. OISn wrO .APP8AL, A. WPITTENT8TTtRADDR8SS8D TO THE CITY PtcoPi8P- MuST B8 #`.EC;r".I, 'I r PESO1. TO THE E?PIP. T1t 4 OF` THE; TWENTrITEI tA1 AVTtP.. u Iy8OIS'SON OP T r, . E IC,.. 1 41-`OTIez To LAPP. AL IS NOT P CFX,vErt. WIT,I;TN Nj"lt DAYS, 'THS ►(TION IS VALID. VOR rt.TATI":1grt. ff FOR a1ATION PLEASE C,..)N'TACT ',HE 'P.I .?1TNO D•1,11P .R'IN NT la 619-4111 iw ITIe OF TTG ii.0 , i. 42 $ti,/ biax.n tVigatd, Oreton 9722 w , The attached, public notice was mailed to the following names Taylor Linderman and Richard F. & Dolores G. Gaibraith Wandaw y 687t Portland Ave. Corrie Labarre . West Linn, Oregon 97068 12133 S.W., 125th Street Tigard, Oregon 97223 .-- f Krueger Russell A. g 4320 S.W. 110th Raymond V. & Wilma R. Franco 1 , Beaverton, Oregon 97005 12/ 1 ''l S.W. 125th Tigard, Oregon 97223 Rodney D. & Lynda Douglas ' 'r b S.W. 130th, Ave -Donald T.r. & Anne Marie Marson 11500 Tigard, Oregon 97229 12103 S.W. 125th Tigard, Oregon 97223 A. Krueer Russell g 2041 S.W. 58th James C. Wickerd Portland, Oregon 97221 12497 S.U. Katherine Tigard, Ore;poi►' 97223 Wedgewood Homes of Portland Inc. 01 9055 S W, Beav-Hillsdale Hwy James C. Wickerd T Portland, Oregon 97225 12497 S.W. Katherine Tigard, Oregon 97223 School District #23 J 13137 S.W. Pacific Hwy Gregory S. Hampton. Tigard, oregon 97223 12495 S.W. Kathera ie ,, Tigard, Oregon °%223 J. Allen; Paterson 12700 S.W* Pacific Hwy Pall & an AcKe izie Tigard, Oregon 97223 12485 S.W. Katherne St Tigs:r0,, oregon 97223 American Builders, Inc. by Jean Stassens GfArald J. Dolores A. Liebertz 4800 S.W. MacAdam Suite 311 1,7483 S.W. Katherine Portland, Oregon 9720 .t.x gard, Gregon 5/223 Par West Federal Savings J.W. Sr and J.W. Jr. Brayson George G. Swayze 11059 S.B. Division 12155 S.W. 124th Portland, Oregon 1,)7266 Tigard, Oregon 97223 Thomas E Prentice EmilE & Annie Je,ln stun 12745 S.OregonbWillsace . . 12480 S.W. Kstherine, St Tigard, 57223 Tiga:4, :Jregon t 7223 John R. Murley 1 oemy C. Brenes- orua 12735 s+ - Vint Pace 12490 S.W. Katherine St Tigatd, Oregon 97223 Tigard,g�rd, Oregon 972.23.. Dennis L. :and Sandra Jo Ber1C.eh i r . _�.e Hyung Suk Lee % Lorino.z Jozeee 8.11 Al' �. Chung Ja: 4812 73rd Place S.W. 12118 S.W. 125 thEverett, were tt y Wash 98203 Tigard, Oregon 97'".23 David Aa & Luti.ndaJ. Cott, m.w 12175 'S.W.:- 127th Acre Tw o art, Oregon 97223 is ( . , M d John D. & Lynn E. Sdmlaon,5 Michael.. C,, & Donna A. LarimorE 1, 12155 S.1,4. 127th: Ave ' 1266,°i S..',11. Katherine ": Tigard, Oregon 5' 223 Tigard, Oregon 97223 , Geoffrey P. & Joyce Caron, Donald J. & Shannon Wagner 12720 S.W. Katherine 12645;S.W, Katherine Tigard, Oregon 97223 Tigard; Oregon 97223 Nancy L. Schneidei: Nancy A. Klass 1273c. S.W. Katherine 2625 V a.W. Katherine Tiy y,,r� g ara�� QrE_ 97223 Tigard, Oregon 97223 Jai,.s F. & Rose Marie J. Nicolas Timothy Mr, & Mary J. Clark 12750 S.W. KatherineT' 12610 S,r1. Katherine Tigard, Oregon 97223 Tigard, Oregon 97223 Niels Rasmussen Milo X. & L;,,ajearnne R. Pester r 12770 S.W.' 'Katheri,e St 12630 5.W Katherine Tigard, Oregon 97223 Tigard, Oregon 97223 4Nanc L 1y'Lt!ah Campbell Ronald L. Dickinson & 12790 S*'W Katherine St Ron ;�.d` P; Rogers 'sS Tigard, Oregon, 97223 12650 S.W. K.ather'ine, T Edward D. & Co Tigard, Oregon97223 .. an d .ene K. Eack`t,,..-.r 12785 S.W. Katherine William D. Udy Tigard, Oregon 97223 12670 S.W. Katherine St Tigard, Oregon` 97223 Pl aides E. Nichols 12765 S.W. Katherine William H. & Nancy L. Souder ' r 4,Tigardy Oregon97223 12140 S.W. 127th Tigard, Oregon, 97223 Dennis C. & Donna Ft. Merrill 42745 S.W, Katherihe J.Vi. Rayson Tigard', Oregon 97223 11,050 S.E. Division Ftohert L. & A • lice A. Jowle Portland (are on 92266 g. r 12725. S.W. Katherine St. Mark S. Zi mel & Terrie L Cates Tigard Oregon 97223 6960 S.W. llinton Tigard, O7:egon 97223 Peter Lynette Sehun 12715 S.W. Katheri"ne St Tigard, Oreg r. 97223 f' Kyle E. & Dorothy M. tray 4 15445 S.Vit, 150 Tigard, Ort%on 97223 ry" Mary X. Me; 'r 12695 S.W.; Kath tkri ie Tigard, Oregon X7225 Marvin masayuki & Oebrah 1~ssavuki 12685. s.C . Katherine ' Tigard, OrEgoi: 97228 r • w ,. e . ...., .:— v...,.. ......., ..1-/\\,s J �.;f, 1. — . i.J,:. a.n.., .s' a k" A4. .hUlAl111:N1• :i , • ZONE MAI? A. IENDZ4LENT COMPREHENSIVE PLAN REVISIC) CONDITXoT,: USE; �` nE�'ART w Fl.1, - TIC,?�RD PLANNI%�tf";k NSENT 639-4171 FSE REC.EIVE �� u 12420 SW MainStreet RECEIPT Tigard, Oregon 97223DATE RECEI, �.---, �. �, ° RECEIVED BY ...,..........._,... Yom, t The "contact person" .named in this application. will rer.ei� : all +i major correspondence from the Tigard Planning DepartMent and that person is responsible for providing same to ouTner, architects, etc j; In this case, the "contact person" is: ,, jy NAME Mel Stout/BenIccr iatesP;-10 ,E (Bliss).2.26-0068 ,(rtes.) " �.�._ dorf � � Assoc ADDRESS 620 S,W. Fifth Avenue Portland, Oregon 97204 __. Street - Ci Zip) ; , / , i .A S .g�.ature ,i A. ,ire/ar:.�,,� gate 1,r ACTION REQ: ESTED Cam rerherisive Pir,:Y",'� .evi sion from :R7 ,o Al:t and review T �` p 4 PIP '�rtiS7 of a Preliminaryfor Planned P Plana Plan.a�d Devel,o ment. APPLICANT'S NAME AM,' Development en.tCompany om ppa ny PR'ONE (Bus .) 2974521 (Res.) i , PrIDI--,ESIS 2,� 5 S• • Beaverton �-I..il1 s d a l e i Js„cc� Portland, Oregon 97 226 `',, , tereet City - Zip) P1OPERTY OWNER' ,, same as above � � '' N �E PB©rTE {Bus,! ,_... (Res ,?PHONE (Bus.) (Res.). ADDRESS Same as above (Street - City -- Zip) PRt]PER,'T OWNER R.E C CGN T ION OF AjP:F LT CATI ON ' : ,, �- of it l i LL SIgnatti r, AI'' owner,/ .;.a "'L ' 1-00 W PROPERTY rNV(:}L D: TA 4 3 T 110T(S)SE 1/4 Sec. 33, IS RIM, NOt app Ucable .AD�3I~tES S AREA MEAStIIIEEN7 43,26 acres ' i 1 EX'iSTINO Bk,; LDIt<G (i= and type) None , CN RENT oNTNt RG-7 APP/i/C:ANT'E PROPOSED ZONING A-12 i Ctir :IEN �. USE V�'oa,nt, A.PPLTCANT S PtoPOSED' I�SE _ .. Residential ,. . ,.. , a . w P. TCAT.T()L' WXtL NOT BE ACCEPTED tIN,BES ' FtJLL ' COI`IPLETEI). a , ,: ; 4 rIlt .,40titt,,, _ , _ , ,,,___ tv, . , „, - \txt,,,,,4 4 ei, aft d Summer La + AMART Developmen • October 23, 1981 Prepared for: AMAR:T Development Ltd. Pre Beed b nkendorf Vic.Associates �e `Lad. 620 S.W. Fifth Avenge Portland, Oregon 9720 (503) 226-0068 Car,h,r 1. Buttke, Inc. David Evans 4 Associates Traffic Consuitent Const itin P.0, Box 636 200 5.W. Market,Street Portland, Oreqr.ri. 97207 Portland Oregon 97201 ( 03) 223-4728 (503) 223-6663 " . j + , i s'; s • TABLE OF CONTENTS k �I ,''_ Page INTRODUCTION l I. General Information ) r': A. Ap lic6..nt f1el B. Vicinity Conditions 1. Land Characteristics 6 ,,,, o 2. Surrounding Land Uses. , 3. Accessibility 6 tf ristics 7. C. 'Site Characteristics , f 1, Topography t .- 2. Vegetation 7 ,,, 3. Views 7 4. F rair,iage and Runoff 9 5. Curr e,`m. Land Use 9 6. Surrounding Street System 9 7. Public Transportation>' 1 M 4 D. Services and Facilities 13 ` 1. Sanitary Sewer 13 2. Water 13 A. 3. Storm Drainage 13 g 4. Fire Protection 5. Police Protection, 15 6. Miscellaneous 16 4 E Regulatory. t 16 '' - G �su;�s lID Plan Arilaildment 17 A. Reguzretrients 17 1. City of Tigard 1 17 B. " orforrnance with Goals, P1ans and:Polrcie�► 17 1. Tigard Cotrtprehellsive Plan Revision Cr iterirr 17 a. Nature of the Proposal 17 b. Conformance with Tigard Comprehensive ° r •r►. 23 Ci Cornr`,:,.Inity Need 30 s di Changes in Environmental or Othe Conditions 31 • �� I a I I w a Page g t,. Location 32. f. Impact 32 g. Public Services 3 2. Neighborhood Planning g Or anization 1/7 33 3. Metropolitan Service District (METRO) 34 Conservation 4. Land and iDevelopment Commission 34 a. Compliance with Statewide Planning Goals 34 C. Impacts 51 1. Surrounding Land Use 51 2. City of Tigard 52 a. Population 52 b. Housing 55 w c. Financial 55 1 d. Traffic c Impact 56 3. Other Suri ` sdxctons - Schools 65 . D. Adequacy of Services and Facilities 69 8 1. Sanitary Sewer 69 2 Water System 71 111 3. Storm Drainage' 73 III'. Zone Change 75 p 76 ` Pv;;;,ti,, meat (PD) IV. P1 arllned D 1 A. Narrative 76 B. Written Report 76 1. Proposed Land tir,,e5 76 2. Density Calculations 82 3. Recre.',,Iti,orlal and Open Space 83 K 4, Sen ��si ive Landsg.4 �� d 5, Trai'fic CirculaUio�ti g4 6. Proposed Ownership Patterns 85 'I 7. Fire iVlarshai Letter 85 I t ., Lr 40 1 t • Page r 8. School District Letter 85 9. Indirect Source Permit Application 86 10. Deviations from Standards 86 APPENDIX A-1 A. Legal Description A-2 B. School Letter A-3 C. Fire Marshal Letter A-7 D. A- ,Comprehensive Plan Revision Application 1 E H1B1Tb Page 4 Y .1. Vicinity 2 2. Tax Lot Map -;' 3. Surrounding Land Use 4 Topography and Vegetation 8 . Adjacent Street system 11 6, Existing Sanitary Sewer and Water 14 , 7. CcdbiP rehensfVe Plan lc' • 8. Plan Amen/5rment 20 9. Existing Zoning 21 10. Proposed Zoning 22 11.. Directional Distribution Site Generated Traffic 60 • 12. Assignment of Site Generated Traffic 61 13. 1981 Adjacent Street Traffic 63 14. Year 2000 Traffic Forecasts 64 y; r 15. Proposed Sanitary Sewer Service 70 ;e 16. Proposed Water Service 72 17. Proposed Storm Drain System 74 18. Development Plan 78 19. Typical Attached Units 79 20. Typical Condominium Layout 80 21. Typical Cluster Layout 81 • Ii r.. INTRODUCTION The following research and analysis has been prepared to serve as the basis for evaluating an appi;tcation for a City of Tigard Comprehensive Plan Revision/Zone Change and Preliminary Planned Development. The request is outlined in Table 1. Table I '' . Land Use • Plan.Revision Single FamilyResidential Multi-Family Residential Zone Change R-7 A-1 Planned Dek'elopment District A-12 (P-D) The approvals are requested for a mixed unit residential development of 401 14nits nL on 43.26 acres. The site is the remaining undeveloped south side of the Summer Lake residential development. It is located off Scholls Ferry Road and east of 130th Avenue. See Exhibits 10 2 and n , is k ej►"1. O 2Gleiheal!fit: 1 !' i`t G ee9.1.4.1t.t3e o►r4 Rork! • _w, iv • 7 r kko . are.,A U ,ie, , t 61,,- i ''S‘,. . 4:;m:::::::.•,,,,. ••,-,.—..% w 4 p nh '7' riite IA` Not' Oo,t1ei;.1.'' /1,,Mil& ti, � 1�► '" n y • t...)t.w.bilii. 1 y i ^' 1 I P A 61, . t " r F A • I tea.n. $G , it a i� icy �- Lily N 13 tatio' is • 4 tl v, :.. cr►�. T t..iota 1 ,f 4 .Zty Afi. 4 . J.rl 11 5d� ' V y": \1 \LC y 6..*14 pais„... 1,i ?rV-' �. t - ; `tok ” 11/4 d . w-r4+`.61"ir 6.N. pM rkr e t . Y�1 M ti ,r ' t ' TI ax L { ' n f ` 1 4 11 • -L, C e t..rah •�lnf *.�� `v o 1rhr ita 1111 .:;♦`s Ii G � u11111.'11° ®w t JI _ 4 gni?7ri' 1 • I ` z ' f u _ ri1,, 'A,N■ • 1 . 4 111 Site �I } i 4 o,, r. _ 1 k., ® ia1ao ` I itt ., '1,� c® �z I ®t0N d` llAttot' ®T � 'd1 l, s Klieg t u1es®®1rw®A1ifi®Ia""a4.4 is lilfan ausiesi II Ili III rniiit,‘Im an mill Ah...gotek i„,,,, ,,,,I,,,ii„„h„ 41 . ...ii•o:•2114'g IIMP wiRip. vs f • wIMO r hp Akills 40,40., + mo 4,1r1 ,,iiir:soli, .....i, mom ,....i...,7-41, 41 l'ilt' ill 418 ili . '1 . IIIIII 1111114111 11116.V. •ai Iii,'‘" $10,..pit.* r---- _ IA: 0 _.am„....: Ill IP.' ■ �i�� r ' ... .____ de: WIA.i1�i1t"G.' 1�W • � I i P G err (.1 > , Ir'.411k d11%11 Li '.et,%r ttNI.ttAl + ■I t)rt ir4 K° 1116,1%4'/C.' North � I Vit; to'ri° t;i.lio 4.'',;' 4 ;114,(1'l'140t )co' Surrcunding Land . e , ,. • 11 • • r I. GENERAL INFORMATION A. Applicant ` plannedn ; :y 'g food being by Summer Lake is a residential i.,� hk�ortdeveloped AMART Development Ltd. The company is represented by: Planning Consultants Benkendorf & Associates Ltd. • 620 S.W. Fifth Avenue i�ortland, Oregon 91204 (503) 226-GU68 Consultant Transportation (kl'" Carl H. Buttke,s Inc P O BOh 6236 Portland, Oregon 97' , (503) 223-4728 Civil Engineering,Consultant David Evans & As.5oeiates, Zn : 200 S.W. Market,; Room 110 Portland, Oregon 97201 (5o5) 223-6663 w }; B. Vicinity Conditions 1. Land. Characteristics The site consists of the undeveloped portion of Summer Lake which extends south up a gentle slope from Summer Lake. The topography • w is characterized as gentlyrolling and the su.rounding topography is simaril , Runoff water in the area flows through creeks to the • Tualatin River and on to the Willamette River. • The area is generally now urbanized and significantly developed for residential purposes. • . 2. SurroundingLand:..... Uses The site is connectedto adjacentresidential developments through streets on the west and south only. These include Winter Lake (undeveloped) on the west, Morning Hillon the southwest, (partially developed) and Bellwood on the south , (mostly dev ;o ed). T • `' existing developments east of site are mosti';y dei/f.Toped but d not have street access to site. the; <+ee Exhibit 3. , 3. Accessibility Vehicular access tc., the site is restricted to three routes on the western and southwestern bou�.dtties. No vehicular eh � access is ` available or possible from the north L,r east. 7 Pedestrian access to the site, will occur on all four tides. It will b most predominant between the school playground on the southeast ` city parkon the north. The drairnageway, that runs basically • and the north ,and'south on the site, will, likely carry pedestrian traffic from ti surrounding neighborhoods to the city park. C. Site Characteristics I, Topography, The site slopes gently Io t p g y tothe south into Summer Lake. it slopes from, a high point of Elevation 220 down to the normal lake water elevation of appru�irnately 166. See Exhibit 4. Theof the site e,re the lake and the north most dominate features south drainageway that empties into the lake. The lakE�; was formed by building aweit in Summer Creek. Sloppes over much of the site arc. very minor ranging from 2c -4° ., The slopes are more steep on the southern portion of the site ranging up to 8%. The most steep slopes are in the drainageway near th�� southern boundary of the site. In this area the slope reaches 18% 1,11. one location. . Vegetation 2 Ve g The siteconsists of open fields c i,�ide db Ya d�,.rEx na eway and havee been farmed for many years. The only trees on the site are located ti in the drainageway and are mostly deciduov,'., smalland scattered. A exists group of larger trees ' in the drairiageway near the. southern, ...bundary of the site. Views 3. vi .. I Views from the site include the West Hills, to the northeast Surnrnei Lake to the North, Winter Lake: and nearby fir` groves to the ur��st, and the Bull Mountain area, to the south. Coupled with on-site open r r space these features will provide a good combination of foreground and background view$,•„ • i I , u i a v: I�'`�. �K/ to/tiG1,GP'" Lei O1 <o I I • IIII Ci19\ 4' y • > 'rl p.' 4ti ''',4 a at'te, \ "' 'xwT�t dj •� d ,' j.,s,:,,,,,,,,/w;. i'' •Wh`w w't , I 7+.„ �/ elt, 4,rtive, i '0,‘ i‘- '/if) i ., . . .., I , x % rilt. iirt'.* t ti ►`$',rr i �.:°/dile//.i , a i` w 1 ,,„_ �..... .,.. • .,,�r� ,fid W d f�'�.1 t. y''i ��, �'::s `y��� -. „ .. 'h' t 4 # 1 `"" , . 'W ":4 7fid; �CIper�'E t6 t,.-�-.V 44 • "�,�. I 4/ n .j,ptl,..•. II /i V '�/ ",,.»..,,;r.....,4,,,,,, ..«,,,� '1 i p i iN t d • naf/ �,••' • "y. et , C, .,,,,.,,,. )-•,„,.* kt: *'",i, ,,,If 1, • .,,il,,,.e,„,,, .„„,„-,---,, %„. \ ‘,„ .,,„„!: ,_ \ �d ��i ,�+� y y,, i 5i ,� '�, yy ,k ''',../d1;',,,... r, � "'" ,y `` , ,�,,, '''''s, ,� ��_ K �w YY.1'�i 1 1 �+,�,,}, } yry.+��}j/) `\ \ 4, 'i . f'y"J a,,,y,�..,y� ""„"v.,„. ,,.,"''..`wry. �, 'wy„w *.,,,,, ..........,,—.—...„...........,.._.„............., t'i \\,t;, • . i,o,gi,'4/ ,40.....1"......4, 't.••••••:*•4 ''''"*".'' ".""...4 t',44.....'4,44444444.7.', 1 1 :,1,t"i,,I,,,,w,,,...`—..- --`.. "`, 4 , 6.W. i' "itrGZ.. t. PV ymk.ii S i ' i r....w.....0 ' ' * ' . w d/&T f eq61\c4 ..aam wm 't,0 re,r p4TUr\d6►rt'' , RVI '"`"""""--'1 ' `,,#,,,le t l"si*e t Topography & Ver e a io } 4. Drainage and Runoff athe lake serve as the `major collection The on-site- drp,rnageway and points for surface arid storm drainage. The e,rainageway catches water fram the north slope of Bull Mountain, ,crosses Walnut Street and enters the site at the southwest corner and then flows across the sh\e and into Summer Lake Drainage on the site flows into the } dratinegeway and trim into the lake or directly into the lake. , • , • The100 y4.ar fIc od elevation in SmCrr� .�kar � tt�� Iake isl�2 near the northwest corner 171 near t1'le northeast corner. See Exhibit Lo. 5. Currei t Land Use The site is currently undevelc, k d. No structures exist on the site. �'• The site is fenced aloe: thy:* scno i of proper t;tr on the southeast and the residencesborderingsouth° property line. The site has' along the remained open for the constructs►- of p the. Second Phase of the Summer Lake re5ii sential neighborhood. 6. Surrounding Street System a. Scholls Fere.y Road Scholis Ferry Road isa major arterial street,eatendxng between . the Sunset Highway at the east to The town of Scholls at the it connects acts to Highway 215 to Newberg. ScholJ,s west where Ferry Road is also State Highway between Scho Ferry g �' �' lls and Beaverton-Hillsdale Highway. The radway is basically a two lane hight .y west of the site. To the east) it contains left turn ltines at themajor ll atersections (r t• and maidens to five lanes immediately west of, the Southern r Pacific Company tracks. At 130th Avenue, Scholls merry Road r.:onsists of a 26 foot, two lane travel way with five foot shoulders on each side and tapers on each side of 130th Avenue '1 on the north side. The right-of-way is 120 feet wide to ' accommodate the planned five lane roadway. • Ti'`e Oregon Department of 'Transportatt.On is presently developing plans to improve the intersection, comp.tx at Old Scholls Ferry Road arid 135th Avenue. ' b. 130th Avenue ; North of Sch%)lls Ferry Road, 130th Avenue is a 36 foot wide collector street connecting to Conestoga Drive which loops through a residential neighborhood and connects back to Scholls Ferry Road east of 121st Avenue. South of Scholls Ferry Road 130th Avenue is a dirt road approximately 12 feet wide. Plans are' underway to develop Kr Both Avet tw ,,?t peen Scholls Fr;:rry Road and either 128th ' w L p e Avenue through the site, on MorningHill Road west of the ` e � '� �,ta. Sa r The alignment will be decided during the feasibility analysis for a Local irrmprov,.trmernt District (L.1. �, Ll.) for this construction. ><_., z Y 130th. Avendk, is p{ ,tined as a'collector street 56 Seel-. lfid e. A possible alignment for 130th Avenue is shown on Exhibit 5. In I' the event tht t 130th Avenue tonhects directly to Mornin .:.Hill. • Drive, then 128th Avenue would be extended north through the the to conner,:i to 130th Avernue. 'x ...._ . as 1 { , a," ,1 A O .� y1 r �j li I. LS i ,0 •• •..••♦o•�• VJ _ v cV •w..‘4,• c•• •i . •11 SITE. 1' •: Vim'••1•nr•� '. r-1 O CV: • • EXHIBIT .5 PWL A CEN1J S'TREE$ C S 'EM • .,, , k ;: 1 qt„E '8111` KE,INC„ i' itittNtuilitld'A.AN5^b ttAil0i4 t d'INtik 1 • /`' �, 1 r ®` .n A 1 . I ` r M ,,' " 1 • '`tel• \Y , W.a) _ ".4,.. 6$:.1 `t I' ..ar �iV® c. 128th Avenue \ k 128th Avenue is a 34 foot. wide residential collector, street extending between Walnut Street and the south property line of the site. IId. 135th Avenue 135th Avenue is a 20 foot wide two lane roadway between Scholls Ferry Road and Walnut Street. A half street widening to the east exist 'at the intersection with Morning Hill .)riv _ Plans are also underway to construct 135th Avenue through an `'.. L.I.D. to a major collector street standard 44 feet'vti.de. The City plans to extend 135th Avenue south to Gaarde Street as a minor collector street as subdivisions s develop in that corridor. e. Walnut Streets k WalnutStreet is a two lane collector street extending from 135th Avenue to ,t'acifc Highway. I, 7. Public Transportation Tri-Met does not provide transit service to within walking distance, of the site. The Mo. +5 Line comes as close as 121st Avenue and Walnut Street. It serves downtown Tigard, Washington Square, and downtown Portland. The No: 87 Line, which provides only periodic commuter s,iervice between Washington Square and downtown Beaver ton, comes as close as 125th Avenue and S ;holls Ferry Road,: o 12 . Ate^ ... r - D. Services and Facilities 1. Sanitary Sewer Sanitary sewer service is provided by the City of Tigard. An • existing 10" sanitary sewer runs through the site from south to g y m the Morning north in the drama ev✓a It serves an 8" line from Hill subdivision and an 8" line from the Bellwood subdivision. The 10" line connects to the 27" trunk located on the north side of Summer Lake. '`See Exhibit 6. 2 G. Water Water service provided by the Tigard Water District arid is at the boundaries of the site. A 12" line is in S.W. Falcon h ise Road (Morning Hill subdivision) at the property line. It is • eventually planned to be cs nnected to the 12 line in S.W. Hawks Beard Street. A 6" line is in S.W. 128th Street at the property line. An 8" line is in S„W. Glacier Lily Circle north of the site. See Exhibit 6. •A 3. Storm Drainage • Existing storm drainage or: the site is contained by natural surface runoff and drainageways. These connect to the one larger drainagewa on •c'he site which empties into Summer Lake. Runoff impact is normal with no evidences of major erosion taking place. • 4, Fire Protection w I dire protection is Frovided by Washyng..ton County Fire District #1. Service is currently being pr'vided for the First Phase of I ; • - I I it . I . r { r * , Cb ' • !' (i I• t'l,,t�1er L`� 6,ir61e • alur d rni ••cry ~iY�r�q� a� p9IW 27" „ , W a:r f lcci� I H• . X11 •N 8,t‘ tp • 1 h1 ? ::Y1"111:•: • � � ' � 1 1 1 �• 1y �,I�L�I 1 1 1 1 • A 1 y I •:1 It p tit` ar r 1 11 1 1 ,ty♦ 1 1 h ‘•(:4,-,, t:11 tiJe yy ,1 , 1 1 1; • 1 : tki • ♦J 1 1 1• ♦♦na 1.. p. • 1 .A., '.1 dn•.•: 1•'••11• .. I >, III � ..ti., '�w 1 �' +• ° 1 7 1 1 1 h 11 • 1,4 e,:t+4. I Itcat+)\6'I yrt <� r r yet.9ii vicsimmimi I �•i I I 61 it drd y w r1�Ar e � t4rt of Minaret-WAt6 Lir I , 0 wo 400 040,16 t 0.4.001 y�- er 1.4 xis ing anitavy „ Sewer anctW aer ttxt,,,tit. 0 • • • 1 " r d e p s g Summer Lake, and the residential developments s�.�rroundin the site. E ire trucks can serve any area that has public water. 4 t 5. Protection p The Tigard Police Department has primary responsibility for this xF ri site Some'`assistance is provided by the Washington County Sheriff's`Department and the Oregon State Police. The Sheriff's Department statistics indicatr 1.5 cars should' • patrol for every 1,000 persons in metropolitan areas. The Tigard Police Department currently hat; 1.46 per 1,000 persons in the city. Washington County has an additional .18 cars per 1,000 persons in the county totaling 1.64 cars per 1,000 person. 6. Miscellaneous Other services for the site include: i ! Parks 4 Cit +` Tigard r Transit - Tri--vet Solid Waste - MSD Natural Gas - Northwest Natural Gas • Electricity -- Portland General Electric Tele Hone General Telephone Co �t � Schools - Beaverton School District McKay Elementary School Whitford :Intermediate,Scho( l Beaverton High School • • r � ri www, yY { ` ' 2^iM'K '✓� f1 ' - ' !.. • -* r# w `4 I ti E. Regulatory Issues The site is a portion of the Simmer Lake residential developrent.r; "• , . On August �5 1976 the:.entire .t ;cnmer Lake site was annexed to thea City of Tigard. Prior to proceeding with the preparation of a :, Preliminary Development Plan and Program; the, Tigard planning staff requested that an, area-wide "Framework Plan' be developed. During March and April, 1c1?7, the city staff, Benkendorf Associates, representing AMART Development Ltd. and Wedgewood Homes, Inc. 'jointly prepared a "Framework Plan" for all the property ,t, between Scholls Road and Walnut Avenue a.;ld S. NYY• 120th Ind 'Pa proposed , i densities a 135th Streets. The' plan ro oseci land s�ses resrdenti�, p open space system des�tgned to preserve circulation. concept and an the natural feitures and amenities of the area On May 17, 1977 the "Framework Plan' was reviewed and approved ' by the TiggardPlanning Coission. relio�in� this action a Preliminary Development Plan and Program for the Summer Lake w (L., site was prepared, presented and approved with conditions by the Tigard City Planning Commission on July 2.6, 1977. I On March 27, 1978 the Tigard"City Council denied anappeal of Condition 43 imposed by the Planning Commission in its action taken on February 7, 1968. The City Council approved a request for a zone map art endmer►t with 17 conditior►s. The northern portion of Summer r 'L Lake is now partially built. r 16 i • „ /yam II. PLAN AMENDMENT A. Requirements 1. City of Tigard • Revision of the Comprehensive Plan requires approval of a Conditional Use Permit by the Tigard Planning Commission. The zone change request •1/4/11,., require concurrent approval under consideration of mutual goals, plans, policies, etc. as described in the document. A Preliminary Development Plan and report is also in(orporated in this document for review by the Planning Commission.; The applicant's request is compatible with two other jurisdictions that ha-,e responsibility for planning in the area. These jurisdictions Cdr and their plan designations are as follows: Metropolitan Service ulstrict -- Urban Washington County Framework Plan Urban • 13. Conformance with Coal3, Plans and Policies 1. Tigard Comprehensive reprehensive Plan Revision Criteria (7 criteria) Seven criteria ace addressed in accordance with the requirements of the pplicatior°, to revise the Comprehensive Plan. a. Nature of the proposal and the reason T br re.qttestirig the particular action. LL ' ` ^ '' 944 r • 'The request is to change the Comprehensive Plan designation on fa the site from Single Family Residential to Multi-family Residential as indicated on Exhibits 7 and 8 and concurrently changing the zoic ng designation from R-7 to A-12. This change would allow d .,►elopment of 401 dwelling units on the x4,3.26 acre site. See]Exh .„:•rs 7, 8, 9 and 10. The proposal calls for construction of three unit types: Single Ftmily Attached ( Single Fe nily Clustered but detached Condominium, units The number ofper residential type E'tnd the respective densities are shown in the following table. Table 2 (r Unit Type and Count Sc Single Family Att;cched Units 48 Acres 6.03 Derlskty'f Acre 7.9 Cluster Units 191 r r Acres 1/ :�, ; J. density/Acre 10.8 Condcimm u.r n C.Inits 1 162 Acres 8 58 r W tensity 18.8 • , Total Units 401 y 4 I ) I ..f,.........8,.L1,.....,.......•".""..." —•=r,..v.,..1:17.7=F.:.::-.......:,:. , it ...........,„,:::...:.:.••=:•;,:.:.: ••••.:..... • , = • • , gtfilli„„,. .:•!::*•„,,:.,:,:*,:.:..x.:*,.•:..,:.:.:•::::::::: ...,....•., fir ..,,,. . ...I4.0.4 O. ... ... .... al kilt ...I 1 ....,.:::::.:,: ..• pi ,„ ....,,,14,7 i;...1.:. •• ,::::,;„:i.:,,,,,,:i*..-:;;;:,,1•••:i.*::i*,:,:ii::si:i:i:,:,:::.:„:,:::,,,, 3 . , ...,,.,.:.:„.,,:...,..,•:.„ ..• 0, .....ktp orpo.:•:•:•:•:•:4•,....,,,, -,,,,•••••,-••••• .•,....... 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IF.,... ,.1,01,,,,, 1,,,,, , fe.,00 act.t, 1 itti *ic)oo ie,-)r,,fit Pe•' , r.,,-....,..,.'i,,,,',..,-.,••:.,::.i,:..",,, IL,/ Ww 5,61\e/ii.'1) tt,6*1eNi-i0LI,, ode, ..1:•-t 1 ' ' NaK 1 ' U I i 111111 inr-", 1 , , t.,4::,,•-•;',..".."4,::',,,„',,:::,..,:„..;,,-,.,t,.*:-7,t,,,,,,•I ps...14 ' 0 ti 00' tl,.-.....,' )-.;,-„, roposed 4toniin,g , 1 t. _ ....r ,‘ . * - . ,i The increaseddensity and unit types proposed will help provide affordable single family owner occupied housing for Tigard I* residents. The proposal will help the City of Tigard meet its new housing mix of 501X3 single family and 50% multi-family by \ oru'viding more multi-family units. The smaller units proposed tend to not : r►Z'y be more affordable but are generally more energy eff icient.' The increased density will provide -not'e use of the city's investment ir+ large amounts of associated open sp a< e and the city park. The project will also improve the economy of city re;irvices. already provided,in the area. ,H • Th&t al,tached units proposed will be similar to those constructed in the First Phase of Summer Lake near S.W. Scholls Ferry goad. These units will b' high quality single family homes. The . P. clustered units will be similar in size and quality but will be . detach ' The located. on individual. lots. condominium units will be built in the standard manner in which the land under the unit is owned but all other land would be managed and' ‘ rnaintain�d by a homeowner's association. '$ 'N Vehicular ehicular access' to all the units will be through use of private drives and parking off the loop streets shown in Exhibit 18. pedestrian access will be provided throughout the development with special em basis in the open space areas, along the (, north/south dr•ainageway and between the sehc)ol grounds and the city park. b. How the proposed t,Ise is in conformance with Tigards Adopted Cornprehensve Plan Tht, followingk j ars goals and polrczes oc the 1�g,ard Comrriunity Plan ac ou alined .in t `- Neighborhood Planning Organization # Draft P . .t . A response reflecting how the proposal is in Cii 24 fI r [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] conformance with these goals follows each goal or policy- statement. odgy.ystatement GOAL #1 The city intends to iJmit the ultimate population of the planning area. The coo-.2rehensive plan provides for a maximum population of around 115,000 people. There are four categories of residential density, ranging from a suburban density of 2 families per acre to a hit,h in selected areas of up to 40 families per acre. This range of residential densities is intended to provide a variety of living environments that will accommodate the housing nem: of different family sizes and .incomes The density of population influences the character of residential areas and determines the demand for public facilities and services in differentparts of the city. The citizens of the community -should. know :the density of development that is planned for different parts ar,.s ofcity the cl own as it affects their t; ti neighbonco%ids. City officials need to know the demands for different public facilities and services .in different `parts of the t city. It is estimated that the proposed plan arn, ndment, zone change and planned develo,pmeny' would result in an ' ► crease in. p pulation of approximately 519 persons over the approved Phase • II Summer Lake project. The proposal will provide three different housing types as compare.d to one type proposed ..: ., ins'the. existing plan. This improve, therange of residential densitieswithin the city and will better accommodate the housing needs of different family sizes and incomes. Public awareness of planning and participation in planning is satisfiezA by the City's nearing process1 Demands upon public 24 F� I . a services are identified in th%, application.plicatian. These services have the capacity to be extended or improved to serve the proposed planned development. GOAL #2 ., The comprehensive plan recognize±; the established I ° character of existing neighborhoods and seeks to preserve and enhance existing neighborhood values._ Future development proposals should be sensitive ;o the concern of citizens for their own immediate environment as well as to the well being of the city as a whole. • The proposed plan complements the character of existing end planne1:1 neighborhoods by complementary single family housing types and by providing a transition density. The majority of the project is planned for single family lots. The largest lots are planned 'tor the areas adjacent to existing R-7 devw lopments. Smaller lots (ctustered units) are planned for the center of the project adjacent to theschool, city park and drainageway. The condominium a;lnits are planned for an area that is adjacent to n existing A-12 designation and open space for except a very small corner of the Morning Hill development. x , GOAL it3 The comprehensive plan takes advantage 1'f the natur,1 features that give Tigard a~ distinctive character and quafIt.r- These include toporaphic features such as Bull 4 Mountain w , L;�±tie Bull Mountain and l~anno Creek. F;,�ino Creek and its tributary streams provide rvitural drainageways and make possible a system of greenways connecting various parts of the ,p city, The comprehensive l�.n recognizes izes the potential of greenways in eryhancing, the livability of the, community. The implementation of a greenway system is a mnajor ele ,.nt of the Comprehensive Plan. I g �' t Tigard 2 • ' ;..,..., .... _..Ft• p.....:.- ,. • The proposal 1s for the second phase of Summer, Lake. The developer has donated a substantial amount of land and made several improvements to Summer Lake City laark. Additionally, the north south drainageway on the site wit remain undeveloped as a greenway. Planned open space in the project is 5.17 acres. r Adjacent to the site is the planned open space around Winter and the school grounds along the east property boundary of the site. Common open space and walkways will connect these areas as well as the greenwa.y and park. The park greenway and open spaces provide potential for connections to various parts of the city from all four sides of the; project. GOAL ft4 liear,y Heavytraffic is noisy; smelly and ,cangerocis. It conflict with residential values and with many of the other activities within the city. Therefore, major traffic routes need to be, designed and located in a manner' that will minimize these It inherent conflicts at the, same time allowing motorists'to reach their destinations quickly and safely. The comprehenisii!e`plan Provides for improvements m provenents in the traffic system. It desi 7 P yes streets and highways by category, and it sets standards for their a� design. The major street pattern indicated in the comprehensive plan willgive notice as to how th.; cityintends to route major major traffic:volumes in the future: Streets in the proposed plan have been designed to minimize the, disruption of residentialenvironments while allowing; efficient and safe access throughout the project. The 130th Avenue to Y } 128th Avenue cont ec.tion l.as been designed as a neighborhood collector street as recommended oh. the NPO 7 Plana The straight forward but curved design will collect traffic and carry , h i It through the neighborhood withoutunnecessary travel " distances. The proposed looped local streets proposed will i4 provide quick and safe access in and out of the area. GOAL #7 - The location of schoolr5 and parks affects the { livability of Tigard's residential neighborhoods. Youngsters in the elementary grades should be able to walk to school and should not have to cross busy streets. Where possible, parks and schools should be developed on ' �dace: t sites, tied t the . While the . , greenway system.stem y patterns of existing ideal development and topography do not always permit an ideal arrangement of schools and parks, the comprehensive Pl n will assist the community to approach this objective. See response to Goal 1/3. While Mary Woodward School is adjacent to the site it is in the Tigard School District. Summer Lake is in the Beaverton School District. POLICY #9 * The maximum overall density of development will be 12 dwelling units or 29 persons per gross acre. This amounts to a standard of 2,500 square feet of land � per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography or existing development patterns. The density per gross acre is 9.27 dwelling units; well under`the maximum allowable of 12. POLICY #10 - Urban medium-density residential areas wil') be developed ' tith paved streets, curbs and gutters, and walkways\\ according to city or county standards. All utilities will be placed underground. 27 The proposed development will comply with Policy ##la POLICY #11 - Development will coincide with the provision of public streets, water and sewerage facilitie'S , These facilities shall be (a) capable of adequately sercving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. The proposed development will corrmply with Po iC: #11. . POLICY Plpencouraged +I FC?1LiC'Y #1212 - a��ned unit developments rnents will be encoura on tracts large enough to accommodate ten or more dwellings. Planned unit developments will permita degree of flexibility in `'.\; design that will enable a higher quality of development in 4 accordance with zoning standards. The proposed P.U.D. site is planned for well over the minimum 10 dwellings. The proposed P.tJ.r3. offers a higher quality of development because of the large amount cmf open space that is planned, the connections on and off site prorlded through the open spaces and park and the variety of housing types now planned. POLICY 413 - Site plans will.provie for adequate open space to (a)protect adjacent properties, and (b) provide ample yard space cl . fof residents and play space for youngsters. pbnse to previously addressed goals and policies regarding Iiil dee rel open space and the city park. Both the proposed attached units and the clustered units will be developed on private lots and will ° have private yard space in addition to the open space and city park space previously mentioned for youngsters. The, condominium units, will `be located adjacent to tOni on areas 111. 2g , 4i I j e vr. in addition to the open space and park space available for play use. POLICY #14 - High density standards will be estblishec: for signing and appearance, including the landscaping of setback areas and the des g,is bion of access points. High qu'aity design ancl construt tion will be provided throughout the project in keeping with the high quality already • demonstrated in the first phase of Summer Lake. Additionally, under Chapter 18.56, Planned Development District of the zoning • ordinance, "As a conditi%n of approval of the Planned Development Distrik\, the applicant may be required to apply for Site Design Review" to assure compliance with this Policy. 'POLICIES #15 acid f ih at riot applicable because the proposal contains no apa`tmerits. POLICIES ##17 and #18 are not applicable because the proposal contains no commercial development. POLICIES 1/19 and #20 a.e. not applicable because the proposal does not adjoin the 4t?ee is identified. POLICY #21 - New major subci visions or planned unit development of 5 acres or 60 or larger shall provide at least two (2) separate accesses frnrn .ne devdalopme,nt to collector streets. Those accesses shall be approved by the City Planning Commissi+ort so as to ensure adequate .in re s a cess to } the subdivision for emergency service vehicles. ' Theop o��+�e' p� d 130th Avenue to 128th Avenue connection will be a coilect,r,r street. The local planned streets provide mere than 29 ( `h• a . • 1 , , two (2) separate accesses from the development to the collector '{. street. See Fire Marshal's approval of the plan for emergency service vehicles, Appendix C. POLICY #22 Where "dead end" streets are created with street plugs, future development will comply in alignment and f- . construction standard of the street to be continued )‘ S.W. 128th Avenue is identified in the, NPO #7 Draft Plan as a collector street and iW proposed to be connected with S.W. 130th Avenue in alignment and construction standards. The ;;onnection through the project is proposed to be built on a 60' right-of-way. S.W. Falcon Rise Drive is proposed to be met in alignment with a private road that will connect with S.W. 130th Avenue. It will be built with a 24' pavement width and will meet other street construction standards. 4 I c, Community need and/or public benefit derived from the proposed action. ,., . I Based upon, a City of Tigard Housing Unit Summary dated November 26, 1980, the current housing mix in the city is 55.7 single family, 42.E i - ; ",� Multi-family and 1.6% Mobile Home. According to the city's staff the city is adopting the goal of a i, ,‘' 50/50 new development split between single family and multi,-family unit types as recommended by METRO ''based upon: � �.,. � .. «.. fir; � render assumption That rising hod„ging cots will render single family home ownership more difficult, requiring a higher ratio of apartment or condoriniurn construction in the f,atire; than has occurred in the past. o The propccsed planneJdevelopment will help the city achieve the, 50/50 mix goal`by providing an approximate balance between proposed single family and multi-farrtily units, 30 • w.. Y I •.:» ...,:.,, ... r r uiius .w . .,,,.. .a w, ,, a ,lr,a fl c U'l l E Sfu Kt I { „_ � � 1. � .+r • 1 o Single family homes will most likely remain the most desirable of living unit tyres. The proposed M ttached and I clustered units provide smaller units on smaller than typical E � 7-10,000 square foot lots and consequently provide more of the most desired type of housing at a rriore affordable cost. r Accord"en g to the March-April, 1981 METRO Year 2000 Growth Allocation Workshops Summary, "Washington County will attract the largest share of growth - 1 38,000 people - ;end will house 22% of the regional population''. Tigard is targeted for a 980 to - jj year 2000 population growth of an additional 16,550 people. !� fy o The ro osed planned development with help house that P P anticipated growth. In addition to the community needs cited above, additional public benefit includes o Pro osea planned develoPpment provides 3 distinct housing types which allows the city to offer more variety in living environments to future residents. o The planned development allows p;ceservation of more open space and wildlife habitat in the drainageway, lake area and surrounding shoreline. This resource will be protected for the residents of Tigard. d. Any changes in environmental, e+ onomic or social conditions and/or chapg e s in availability or public services or acov SS 'for any other aspect of community deve opment directly affecting the subject site that would justify the requested actiion, 31 f n } y _ The proposed 130th Avenue 1..,I.U. now in the final planning stage .`' satisfies city policies that ensure that development coincides w •with the provisionof public streets and ensures that larger planned developments have access io collector streets. As previously discussed, changing economic conditions have made it desirable for the City to try to help provide affordable housing. The proposal will allow the City theopportunity pp rtunity to help provide quality housing at less cost to its citizen-, t Park d a n to the planned n d Development of summer_ Lake adjacent development will provide open space and recreational facilities that can be more efficiently used through the proposed higher density. i' e. Why the proposed location for the proposed land use: is more su• itable than other locations,in the city zoned to allows the 4. 4 proposed osed use. P The project is adjacent to and will provide an uivixsually large amount of park and open space. These features readily accommodate higher density. These characteristics and the size t. of the site make it unique and appropriate for the proposed use. * f. The impact or effect the proposed,development, use, or activity will have on Adjacent sites, occupants or activities and on the immediate neighborhood. . g Theproject has been specifically des eed to place single le family/. attached units as a "buffer" between existing single; family r neighborhoods. -Daly a small portion of the projc!ct's s'ou'thern boundary xs adjacent centto epi tx ng orproposed single ftz.tiily neighborhoods. Other portions are adjacent to parks, open space, schools orro osed A-12 land. P .p r I ; ' • Although 130th Avenue and 128th Avenue have been designateu as a collector connection regardless of how the site is developed, the proposal will develop additional traffic for this route. The , project will, however, be designed and located to make more , efficient use of the city's investment in the coilhctor street. See the section Sn t,-affic impact for additional inf;ormation. g. The types of public services necessitated by the proposed development and the impact that the project may have on these • .publc services. (Examples of such public services may be fire protection, police protection,'water and sewer service, schools, parks, street, roads, public transportation and/or utilities). 1 : °o Sanitary sewer service will be needed for the project. Capacity of the existing trunk is adequate. • o Storm sewer service will` be provided to city and county standards. o Water service is needed and can be provided by the Tgar,fi' Water District. o School capacity is very ,3diequat e to accommodate the project. See Appendix B, School letter. i i 1 ,o Fire service will be provided by Washington County Fire District #1. See Appendix C Fire District letter 2: Neighborhood P C t ani2atlon 11/ (NPO #7) r ° Af,ter completing the NPO #7 13raft Plan,g -.. the organization has become inactive. The Draft Plan is used by the City in reviewing proposals in the NPO #7 area. • 3. Metropolitan Service Dis �`ict (METRO) .- METRO has designated the site as Urban because it is within a designated Urban Growth Boundary. • 4. Land Conservation .c1).--d Development Commission a. Compliance with. Statewide Planning Goals GOAL 1 CITIZEN INVOLVEMENT To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process' The governing body `charged with preparing a.y: adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the ongoing land use planning process. The, citizen involvement program shall be appropriate to the scale of the planning effort. The program shall provide for; y participation information zontinu.it of citizen articiation ted of that enables citizens to identify and comprehend the issue., Federal., state and regional age•n es, and; special purpose districts shall coordinate their planning efforts with the affected governing g bodies and make use °of exslhg local citizen involvement programs established by counties and cities. The application will be heard in a regularly scheduled public hearing before the igarrd Planning Corr mission. Notices of Me 34 • hearing will be sent to affectedproperty owners and published in a newspaper of general circ{dation in the area as required by Chapter 18.84 and 18.88 of City of Tigard Title 18, Zoning lo Ordinance. Additionally, affected agencies and appropriate neighborhood and citizen groups will also be notified. Any person or group wishing to do so will be providedthe opportunity • to speak and be heard. ( OAL 2: LAND USE PLANNING PART I PLANNING: To establish a land use.planning p roces3 and policy framework as a basis for all decisions and actions related to use of land and to q for such decisions and actions. assure an adequate factual base } county and City ' federal agency and special di,Atrict state and plans and actions related to land use ina 1 be consistent with the a' comprehensive plans or cities abry.i counties and regional plans ad #sted under ORS 197.7(;5 through 197.795. ' x All land u e plans Beall include idc�r.fi ation of issues and inventories information inventories and other fact`��gal information for each applicable statewide planning goal, O+aluation of alternative courses of action(ficin and ultimate polity choices, taking into consideration social, economic, energy and environmental needs» The required d information shall be.contained in the z la' document .re or in supporting documents. The plans, support tr;g d ot:uments and implementation ordinances filed shallhe in a public office or other place easily accessible tC the public. The plans be the basisfor specific immplemnentation nea,sures. These measures ; shall be consistent with and adequate to carry out the plans. Each plan and related imp ermienication measure shall be coordinated with the plans of affected governmental units. � yy , is 1 f} 2 All band," use plans and implementation ordinances shall be adopted by the governing',r body 'after public hearing and shall be reviewed and, mssneeded, revised on a period' cycle to take into account changing public policies and circumstances, in accord • with a schedule set forth an the plan. Opportunities shall be 1 �... provided for review and comment by citizens'. and affected r governmental units during, preparation, review and ;.revision of plans and implementation ordinances. Affected persons shall receive understandable notice by mail of proposed charges in plans or zoning ordinances .sufficient.;y in advance of any hea,,ri.ng to allow the affected person reasonable time to review the proposal. - P ,RT II EXCEPTIONS: When, s;aring the application of the statewide goals to plans, it appear that it is net Possi'b a to apply the appropriate goal to �. -•. specific properties or situations, then each proposed exception to a goal shall be set forth duringth.., plart re ata 4 P p iicn phases and also specifically noted • in the notices. of public hearing. The notices of hearing shall summarize t.e issues in an understandable and m •eani.�i a ful ,g 'manner. If the exception to *aye goal is adopted, then the compelling ti ons and. facts for that conclusion *shall be r�eas completely set forth in the plan and 51al!L include (a) Why these other uses should be provided for; a areaO (b) What alternative locations within' the coin 'be used.for the proposed uses; M 1. .r u 4.3 , tt , t. ., (c) What are the long term environmental, economic, social and .• . ,, energy consequences to the locality, ti-se re iii ur the state from not applying the goal or permitting the alte,native use; (d) A finding that the proposed uses will be comppat>iblk, with other adjacent uses. Sr Pix T III --USE OF GUIDELINES: Governmental units ,shall review the guidelines set forth for the goals andeither utilize the guidelines or develop alternative rneans that will achieve the goals. All land lite plans shall state, how the guidelines of alternative means utilized achieve the goals. o a tl nt f the i `r- andfor me dme of. h The ap,zli.,�a,t�.on process o p � coni rehensiv�� plan, zone change and preliminary planned develo m2n:;. Z ~s compliance with appropriate Goals and Policies of the city's cornprehenrt ve plan and the NPO #7 , Draft Plan, appropriate sections of the zoning cede and -, a coordination with appropriate governmental and non-governmental agr.n le!s and organizations provide a basis for ,, this land use matter, No Part II local decision tnakir#�° on e„�.e lions are re ui ed as �� p`' q a part of the applications for plan� � amendment, zone change and preliminary planned developmei approval on #}:e site.' 1:, GOAL 3 AGRICULTURAL LANDS To preserve and mainf a.a ,ogrictilttiral lends. t Agriculture lands StS.,2 be preser ved and maintained for farm used consistent with '. trsting and future needs for agricultural '#y,. !' • i .,= ,., .a,>. .._ _... ... ... .... /r. 1/I products, forest and open space. These sh.�l1 be inventoried a..ldp reserved by adopting exclusive farm use zones pursuant to putilized for C�P.:� Chapter 215. Such: minimum lot sizes as are any farm use zones shall be appropriate for tN, continuation of the existing commercial agricultural enterprise within the area. , Conversion of rural, agri•cultti.t al land to urbanizable land shall he, based upon consideration of the following factors:. (1) environmental, energy, social and economic consequences; (2) demonstrated ryed, consistent with LCDC DC goals; (3) unavailability of an alternative suitab1e location for the requested use; (4) of the proposed use with related agricultural land; and (5) the retention of Clas$; I, Il, III and, IV soils in farm use,,, A governing body proposing to convert rural agricultural land to urbanizable land shall follow the procedures and requirements sryt forth in the Land Use LEianning, goal (Goal 2) for goal exceptions. ,. The Goal not because does .ao l p y the site is within theTigard Urban Growth Boundary and the incorporat d city limits of IL ° '1 ig ard. „ I a. I L GOAL 4: FOREST LANDS • To conserve forest t lands for fareyst uses. }krest land shall be retained for the irrodtictic)ii of wood fiber and other forest uses. Lands suitable fo forest uses shall be l ventoried and designated as forest lands: Existing forest land' uses shall be protected unless proposed changes re in conformance itxi.the cornpreheOth e,plan. ry. 3g til In the process of designating forest lands, comprehc nsive plans shall include the determination and mapping of forest site classes according to the United States Forest Service manual "Field Instructions for Integrated Forest Survey and Timber Management Inventories - Oregon, Washington and Calzforn, a 1974." The Goal do e,, not apply because the site is within the Tigard Urban Growth Boundary and the incorporated city limits of Tigard. GCS OPEN � AL. 5: �7F�N ,S AC:I::S SCENIC AND HISTORICAL N a RICAL,, AREAS AND NATURAL. RESOURCES nse � • open space and protect..natural and:scenic resources. I'ocArve Programs shall be provided that will: (1) ensure open space, (2) protect scenic and historic areas and natural resources for future • generations, and (3) promote heau`thy and visually attractive environments in h,,rrnony with the +natural landscape character. The location,` quality and quantity of the following resources shall be inventoried: a. Land needed or desirable for open space; b. Mineral and aggregate resources; c. Energy sources; a l 1c�.ra i Wildlife areas 6rs�1 d habitats; e. Ecologically and sc::ientifically 8ignificarit natural areas, including desert areas; f. OutstandLno scenic views and,site ; g. Water* a-t'eas3, wetlands" watersheds and groUndwatei resource } Udernessl areas;, a• I • , �` r ,; :}. . w I. Historic areas, sites, structures and objects; � r j. cultural areas; k. Potential and approved Oregon recreation trails; 1. Potential and approved federal wild and scenic wlaterways and state scenic waterways. Where no conflicting uses for such resources have been identified, such resources shall be managed so as to preserve their original character. There conflicting uses have been identif1ed the economic, social, environmental and energy consequences of the conflicting uses shall be determined and programs developed to achieve the goal. t 'l Design and Open Space Plan the and Et��rtronm..n a Review of Tigard P P indicates that the subject site is of significant value In only of the twelve categories of resources tobe inventoried and addressed. The site is currently undeveloped and contains no structures. The following listing of twelve categories contained in this Goal illustrates that the site and the proposed development represent no ttnresolvable conflicts with established inventories or Plan Policies: o Land needed or desirable for open space - A portion of the site has been designated as treenway and Greenway Dike Path on the Parks and. Opti Space PlanThe area so designated will be mainta;tredi in accordance with the Parks and Open Space Plan and will become an integral part of the total sit( development proposal. See Exhibit 3. o "'Mineral and aggregate resources - Not applicable. (, Energy sources - Not applicable. 4o y._ I 1 r7 • Y. r o Fish and wildlife areas and habitats - The two small lake!) 4,. formed by the retention of Summer Creek have become excellent habitats for variou?l forms of Wildlife; including waterfowl and fish. The development of the site will not alt er the character of the lakes and shorelands, nor the flow of the seasonal stream flowing from the south through the 4 • project area and emptying i c. nto West Lake. The greenway area around the lakes and stream will be maintained to provide a continued fish and wildlife area and habitat. As such; there will be no conflict created between the existing r' natural areas and the proposed residential development o Ecologically and scientifically significant natural areas, , including desert area; - The City of Tigard Sensitive Lads Permit process addresses the impacts of development on natural areas. o Outstanding scenic views and sites - Not identified on City of Tigard resource inventories. ... o water areas, wetlands, watersheds and groundwater resources -. The construction of Summer Lake Darn included 1' provisions for runoff detention.pan to control increases in rur off incurred by site development. The small runoff increase is insignificant in the total design calculations for the lake retention and is too small to represent any reliably predictable impact on the facilities, The existing major • drainage improvements wilt function the ,me regardless of the<.proposed basin. p pose chax.�ge art �.��as very small pt,�r tzon of �.he Interior drainage lines to provide l;>ositiAte drainage for the p. .. a y designed for the struts and; housingWill be s eczffc�,ll � +�, proposed, density. All of these fac.ilitie,i, will be. equipped 41 • • with silt collection basins. Oil separation manholes can be used to further protect the, dike which is the outlet for these on-site improvements. ddroundwater resources may De-, impacted by the additional lmpery obs areas created by the addition of streets, sidewalks and residential structures to the landscape. However., the size of the site and the lack of dependence on groundwater in the area for water supply will significantly reduce the minimal impact of the proposed development, on local groundwater resources. o Wilderness at.eas -- Not applicable. o Historicareas sitesstructures and objects Not applicable. o Cultural areas - Not identified on City of Tigard resource inventories. o Potential and approved Oregon recreational trails - Not 1. +i.... .. applicable. rr o Potential and approved federalwild and scenic waterways and state scenic waterways - Not applicable. I � GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air, water and land resources of the state. All waste androcess discharges from future development, when p � P 1I r combined with such discharges from existing developments shall not .;greaten to violate, or violate apr,licable state or federal ernv ronmerttal quality statutes, rules and standards. With 42 • respect to the air, water and land resources of the applicable air sheds andto river basins described o r included in state environmental quality statutes, rules, standards and implementation plan, such discharges shall not (1) exceed the carryk ag capacity of such resources, considering long range needs; (2) degrade such resources; or (3) threaten the y availability of such resources. 4.4The Plan Amendni\t,nt, Zone Change and Preliminar); Planned Development on the sit,e.= will generally maintain icscal alk rd water qualitystandards. All waste disch&ges generated on the f• �� site will be directed to appropriate facilities for collection and processing. The additional number of units proposed for the site will produce additional amounts of waste than would be produced under current zoning. However, existing facilities and services are capable of accepting the additional waste products. Minor amounts of additional site generated noise may result, but 'will be well, within any local, state and federal limitatiorns and Mg uidelines. The carrying capacity of the land is riot impacted by P Y the proposed plan aniendrnent, rezoning and futt.tre development because the site is within an urban area. I GOAL 7: AREAS SUBJECT TO NATURAL ijSASTERS AND HAZARDS a !, "i'o •protect life and property from natural disasters and hazards. Developments subject to damage or that could result in loss' of life shall not be planned nor located ih known areas of natural disasters and and ha2ards without appropriate safeguards. Plans shall be based on an inventory of known areas of natural disaster and hard. / $ 1 I'p •y A minor portion of the site is within the identified .100 year flood #!' plain but no development will occur within the identified flood plain area. See Exhibit 15. The portion of the site which is within the flood plain will be included in the proposed greenway' area. No other identified disaster or hazards exist within the site. GOAL 8: RECREATIONAL NEEDS . To satisfy the recreat it.„al needs of the citizens of the state and visitors. The re �.,� q r.ernenis for meeting such needs naw and in the future shall be planned for by governmental agencies having responsibility for recreation areas, facilities and opportunities: (1) in coordination with private enterprise, (2) in ap,, r' priate proportions and (3) in such quantity, quality and location as is consistent with the availability of the resources to meet such requirerrlerits. State and federal agency recreation plans shall be coordinated with local and regional recreational needs and plans. The Tigard Park and Open Space Plan identifies a greenwa}t around the lakes and stream, and a greenway bike path. This , land was donated to the city and many of the improvements were made by the applicant during the Phase I development. The • proposed school site adjacant to the subject property and the development of Sack Park, a neighborhood facility in the Bellwood' neighborhood directly south of the site will provide additional recreational facilities and opportunities nearby. Open space development around: the two'lakes north of the site is an P important aspect of the total Summer Lake development proposal. The lakes and stream will be part of a larger urban greenway inTigard provide ree�i�vaTi and which wlll extensive opportunities • 44 • W 11111 is for both active andassir p '►e recreation for residents of the °4 Summer Lake area and surrounding neighborhoodso . GOAL 9: ECONOMY OF THE STATE �. 'To diversifyande improve the economy of the state. Both state and federal economic plans and policies shall be coordinated by the state with local and regional needs. Plans and policies shall contribute to a stable and healthy economy in all regions of the state. Plans shall be based on inventories of areas suitable for increased economic growth and activity after, ,. taking into consideration the health of the current economic base, materials and energy a.v, ilabiiity; labor market factors; transportation; current market forces; availability of renewable and non-renewable resources; availability of land; and pollution control requirements. � 4 growth Economic and activity in accordance with such plans shall be encouraged in areas that have underutilized human and; natural resource capabilitiez and want increased growth and activity. Alternative sites ;suitable for economic growth and expansion shall be designa`;edin such plans,, ' The plan amendment, zone change and ,relimislaru planned development approval will, provide both short term and long term economic benefits to the city, region and state. Construction on-site will provide short term employment in several types o ` through the ?' businesses end contribute to the local economy g ' r)urchase of goods and services. Ultimate development of the ,a h i site will contribute additional tax revenue and will provide flow of dollars ,.ithich will remain in Tigard and the metropolitan region through mortgage payments and. maintenance expenditures, 45 • .r �+ GOAL 10: 1:-.1C)USING To provide for the h using needs of citizens of the state. Buildable lands for residential use shall be inventoried, and plans shall encourage the availability of adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial ca Viabilities of Oregon households and allow for flexibility of hous'i~P location, type and density. Increased density on the site through a diversified mix of housing types will assist the city in achieving the desired 50,150 ratio of single family to multiple family units on new buildable lands. The proposal meets, to a certain extent, requirements the of Goal 10 by providing affordable housing and a,variety of housing types. Condominium and cluster housing will be provided in a suitable location, in close proximity to existing or proposed recreation areas, commercial facilities and rriain access routes. ( The total development of the site will integrate with and complement existing development on surrounding lands. dernant for attached cluster and condominium housing may increase significantly if mortgage interest rates continue to stifle the homebuilding industry and the homebuyer's market. Vacancy rates for attached and condominium housing may reduce considerably as young familiesand potential homebuyers are,shut out of the market for large lot single family detach"?ri homes. Theneed for the proposed housing types is more urgent than it may have been prior to the rapid increase in the cost of the typical detached home on a large s ubdl/waio�i lot.. For additional information on housing, see Section;II, C. „zw b. 4 GOAL 11: PUBLIC FACILITIES ANI) SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural develaprntnt. Urban and rural development shall be guided and supported by types and levels of urban and rut-t public facilities and services appropriate for, but limited to, the needs and requirements of the urban, urihanizable and rural areas to be served. A provision for key facilities shall be included in each plan. To meet current t!. and long range needs, a provision for solid d `Wraste disposal sites, includinggsites for inert waste, shall be included in each plan. P 1' The full range of urban facilities and services are available to the site through the City of Tigard. There is no need for enlarged or improved services. Development on the site will not • cre to a burden on anyfacilityor service including fire " services g and , olir;;��t P protection; sanitary sewer; recreation facilities; energy and communication services; and community government services Although additional units on the site may generate some‘vhitit greater impacts, the deli r, and configuration of the P � gg site layout will assist in the provision of services and will not create additional problems for the capacitits of existing { services. See Section II. D. GOAL 12s TRANS,aSORTA T TORI T'o provide and, encourage a safes convenient and econo'rrmi transportation system., A transportation plan sh all ;(I) consider all modes of • trans or.ation � tt visit3 airs waterS pipeline, rail 47 - 44, 4 14 ' s ,1 highway, bicycle and pedestrian; (2) be based upon an inventory Y4. tk f.. r of local, regional andstat..... t.transportation needs; (3) consider the differences in social copseX1 uences that would result from �ra►�n utilizing differing combinations, of transportation modes; (4) ( avoid principal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environmental impacts and costs; (6) conserve energy; (7) meet the needs of the traRportation disadvantaged by improving transportation services; (8) facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with loc .1 and regional comprehensive land use plans. Each plan shall. include a provision for transportation as:a key facility. Development of the site will result in an integrated circulation system which will increase local transportation efficiencies and encourage the extension of mass transit use and service. See Section II. C. 2. d. • � l GOAL y.«. ENERGY CONSERVATION To conserve: energy. Land and uses developed on the land shallmanaged. p �e managed and controlled so as to maximize the conservation of all forms of • energy, based upo1 sound economic principles« The residentially developed site w.11 provide a density f housing which will be an efficient use of land and structures Atta._hd and condominium units are more energy efficietztt than single family detached homes, providing a savings over a similar number of developed detached units. The clustering effect of housing will require less street areaand will provide for better a r and more effective use of the available land in the area. ( 48 h GOAL 14: URBANkZATIUN 4 x To provide for an orderly and efficient transition from rural to urban land use. Urban gc�wth boundaries shall established to identify and separate ur5anibl�land from rural land. Establishment_ and changeofth boundaries shall be based upon consideration of the following factors: (1) Demonstrated need to accc,mrBmodate long range urban P papulation growth requirements consistent with L,.CDG goals; /' (2) Need for housing, employment opportunities, and livability; (3) Orderly and economic provision for public facilities and services; R { (4) Maximum efficiency of la ad uses within aha on the fringe of the existing urban area; (`,) Environmental ene'rgypeconomic and social constrit; The results of the above considerations shall be included' in thst. comprehensive plan. In the case of a change of „91 boundary, a governing body proosin such change in the boundary separating urbanizabie land from rural, land, shall follow •1hie procedures rtncl requirements as set forth in, the Land Use Plan thing. goal (Goal 2) for goal ea`,ceptions. Any urban growth boundary established prior to January 1, 1975 • which irtcludes aural lands that have not been built upon shall be rev.ive�d bythe gc).,rerriing body, utilizing the same factors applicable to the establishment or change of urban growth ' boundaries. Establishment and change of the boundaries shall be a cooperative process between a city and the county or counties that surround it Land within the boundaries separating urbanizable land from rural land shall be considered available over time for urban uses. Conversion of urbanizable land to urban uses shall be based on is consideration of: (1) Orderly, economic. provision p sign for public facilities and services; f (2) .Availability of sufficient find for the various uses to ensure • choices in the market place; , ; and ,tea li..CD�� goals;oals r I f 4) Encouragement of development Withiri urroan areas before conversion of urbanizable areas 50 • K 1 • ,r . • rt The site is within both the acknowledged Regional Urban C`}rowth Fioundary and the Tigard Urban Growth Boundary and the ad incorporated city limits of Tigard. The property is designated for urban use due to its l)cation within the city and the current availability of urban services. Thus, thisgoal is not` at issue because there is no conversion of rural to urban land or any change of local boundaries contemplated. C. lrn 5actr 1. Surrounding Land L,se Development of the total site will involve no significant impacts on surrounding lands. Properties to tfte .:north and south have already developed in larger lot single gamily detached and attached subdivisions while properties to the west are designated for future urban residential development. Development ref the subject Site as .g proposed will contribute to an integrated d 'un rbaneighborhood which.. .:, will be an asset to the ci�y. d • a. North ,w binge family housing on the north side of the lakes comprise the firstphase of the Summer' Lake project. The lakes separate the two project phasesplanned P 1 and the. units on the Ga south are singlc, fzmi1 y attached, specifically planned lanned to be compatible with the units on the north. ' b. East -1 Property immediately adjacent to th east is the exist n g school and no impact will occur. l ti I - 7 • _. .. ( _ .e. i t*..W • kgiWYw:,u.i.e':v d✓.1f4..F vd f1tlf.. I N1 e.(fA'1i. ltl4'A4 y p•Q h ' [ tl. « c. South - The Bellv,'ood subdivision to the south has already been developed and r>onsists of single fary.nily detached units on subdivided Lots,,, Single Family Attached units have been s ifY allysdted alorig the south property line to be com atilhjle with the existing units. d. West - Proposed devel( ,went of the Winter Lake project wi„1 involve a large numbet= of multi-family units. The ccndominiut1i� 641 units proposed in the plan have been specifically, cited to be •- compatible with 'the Winter. Lake plan ° 1 . G. City of .i1�,ard / The proposed plan amendrne'it zonee change and preliminary planned d.r.velopmei''rt may bear some impacts on the city in terms os� �o uz at: ° i` p; i ion increases;: housing[ and den,:,ties, traffic and: public c a �' facilities and serve.'..-es in the area. As discussed below, the impacts on the city are minimal and will not result in any major changes in local plans, services capabilities or development potential. a,, Population - The ar.ig�.:nal a, ravecdevelopment plan for Phase II • of Summer Lake set, forth a total of 168 detached units on subdivided tots. The 168units would yield a population of 462 ff” persons, based on 2.75 persons pryr unit. The following table illustrates ti-re charge in population resulting from the increased density and variation u.1. tk nit types.s. w - L • " b '� * ,r ..r " ° " f .. n •, 'rte , `',.,,k.. _ -' 8 ' Table 3 1 ,Compat`.son of Estimated Pcpulatiort Impacts Total al Site l;nits Persons/Unit Population Approved Phase II 16;1S.F.D. 2.75 462 Proposed 48 S.F.A. 2.75 132 { 191 Cluster S.F. 2.75 525 162 Condo. 2.0 324 981 The difference of 519 persons is a relatively vely srnall population and will have no significant impact on the overall projected Tigard » . population of approximately 115,000 people. The increase of 519 persons represents an increase of less than '/2 of 1%;of the total Propopulation. This minor in rea.,e will have no ;''„. projected d city adverse impacts on the city but inlstee d will return additional revenue to '`the city, promote local goods and services and I;ro vide a table z eighborhood base:' 'n �' edditio al b. Housing determined the need for a i. The cityhas multi-family units in the local housing mix in order to achieve a more desit'abie 50-50 ratio of single family to multi-family units1 The, approved roved Phase II portion of the Summer Lake project �'P would contribute 16$ single family units, but no multi-t-amily writs, The proposed change of density 84nd planned development would. yield 239 w.ingie famriy units' and 162 multi-family (condomrtiniurrm) units, The new unit count is much closer to the dusted 50-50 ratio than the approved Phase it cuncept. The <f following table illustrates the impact of both , », I rr, le , ! )...........it ji. -- 4 -, , I approved Phase H and the proposed change on the city's most recent housing inventory. r . • Table 4 Compar:rson of Estimated Hoa,isir g Impacts 981 1 Future Total Q5 of Total • Existing - Tigal,d 6,750 N.A. Single Family 3,850 57.0 Q`, Multi-Farnily 2,794 41.4 Mobile Horne 106 1.6 With Phase II 6,918 Single Family 4,018 58.1 Multi-Family 2,794 40.4 Mobile Home. 106 1.) With Proposed Revis,on 7,151 Single Family 4,089 57.1 hult�ltl�-Pam`1 iy 2,956 414 Home 106 ' 1 5 As can be seen in the zibove table the proposed ;revision would have the effect of altering the ratio offamily to ` multi Wfe,,rrlily housing to a more favorableratio than would occur with the existing 'Phase II project. This will assist the city in achieving a more fav�`a&yle overall housing mix. • r i w„ , rs !_ Financial This plan amendment zone change and planv'ed development will maintain the financial integrity of the City in two ways« 1) The City's policy that increased and extended services for a development are paid for by the developer; and • 2) The PP City's �`tax base is adequate to support the local sere:r„es and facilities after the development is completed • The increased tax revenue paid to the City will enable the City to maintain city operations at required levels. Although no city fiscal impact analysis has be yn, done; the continued integrity of the City's financial structure as a result of the proposed changes }has never presented a problem. More tax revenue will r ssi It from the greater density of residential development . I . i I , r,. ' d ( Try y. , I v • .' e„ • d. TRAFFIC IMPACT Imhe traffic impact resulting from the proposed Plan Amend- ment, zone change and preliminary P.,D. change is the rt difference in traffic added to the surrounding streets between the pproved and thepropose d development and the • : p resulting operation ofthe street system. These analyses rrO�ns3_dered the effect of proposed developments within the 'ylcinity of the site which would impact the surroundir.g street system. Ii P Y'= Site Generated Traffic The amount of traffic generated by t'-le site was estimated on the basis of measurements made at, various residential developments here in Washington County ands `throughout the United St ,.teF . _ rt a • I Approved D ve opniert : The approved development which is . I g .,4 proposed ti.') be char zd consists of .160 single family dwellings . As indicated on Table S it is esti mated that these 160 dT,,e1lings; would generate 1600 rehicl,c1 trips on a :« Y • v' llnstitt.te ,of Transportat' o.n En ,tneers. (1' ' Trip generation measurements made in Tigard T'ua.lat:t ,, wl Vorest Gro 'e Washington 0ounty, and hake Oswego bsµ Carl H. Buttke l : 5 y�.I}}����yy R'CARL}Hy `yrU,1'�"yi EEM«`�11y y ,}N y }� Mw NSuL111YA,y1 kR1pAu1C()ft.TAti4Fi71✓,6tar tti4 !II r II ..,. ,.._ . . ... ..� • n, .« .,,,. � ... .,._ .. .1 .... � ,,. �� wc_. z .e ial 4. i • 2 1 n TABLE COMPARISON .3F ESTIMATED SITE GENERATED TRAFFIC' Driveway Volumes • 24-Hour AM Peak Hr. PM Peak Hr. Two-Way -- ... Volume ! Enter Exit Enter Exit • Approved Development i 160 Single Family r 85 ,��, Unitszta 1600'.. _4�� 10 5 55 t • Proposed Development n, 48 Single Family Units 480 15 25 35 15 . Clustery` 6'0 . nits l ..0 TT 3 1919 162 Condominium • jjnts, 1050 15 90.. 90 30 1, Total 3430 1 80 215 255 105 t o ; P . A- . CARL H. BL1'"`rK5.HH . .oar i ,, r. z , .I_v 3 e +, a+dt I , typical weekday (800 outbound and 800 inbound) . During the PM peak hour, approximately 105 vehicles a. .s estimated to p enter the site and 55 vehicles to leave the site. 1n Proposed Deve1Op ent The estimated trE i fic generated by � the proposed development is also shown on Table 5. The 48 single family dwellings are estimated, to generate 4180 vehicle trips on .a typical weekday; the 191 cluster dwellings trips; , would generate approximately 1�00 vehicle and the l52 condominium units are estimated to generate 1050 vehicle '' i trips for a total of 3430 vehicle trips on a typical weekday (1715 outbound and 1715 inbound). During the PM peak hour, ' vehicles would e A(, yh appro„i�m.�tel 255 neer the site and 105 4 vehicles would leave the site. x�isan between theplan cQmpa approved, p n and theproposed '; development plan indicates that proposedwould generate slightlyover twice as much traffic On a ,typical weekday and 2, 4 times' as much traffic during the PM peak hour - - Distribution. of Site Generated Traffic The distribu pion of site generated t2affic to the surrounding street system was nad.e on the basis of a regional distri- i r bution of future traffic developed by METRO for trips to )4/158 r CARL H gUTTKt, INC:. E 1` t i 5tUL7f#t3 TAA#,ItL, i1 Plitt J , ttvitrl t i M ' «- . Y • qlf' \ fCC , .' rta,+.7 n..i..0 v' , '•titi Y 1 n. . Y,, •M Y a . 4 r,..4 and from the Tigard • g d area and: all. other areas throughout she region. This distribution by percent is shown on Exhibit 11 for the surrounding area. Assiiirrient of Cite Generated Traffic. Thesite generated traffic for conditions s with the approved plan, and the; proposed development assigned to the p plan was surrounding unding streets on the basis of the directional distri- bution s tri--bution of trips a.nd the configuration of the street system. These assignments of traffic for, a typical weekday are shown on Exhibit 3 for the approved plan and the proposed 1 development plan. As indicated on Exhibit 12, it is estimated that 120*-h Avenue south h of Scholls Ferry Road would carry approximately 040 vehicles per';day to and from the site, if developed as approved, and 2140 vehicles per day, if developed as pro posed. The site is estimated to add 5W0 vehicles per a e'1y to L28th Avenue north of Waln°ut Street, if dlevelcapVd as approved and �a � veehiole r day, if developed as pro- . ` poseGe r eAfIL t. 8UTTKE, INC , u r e 04#1:1"-i' 00 -, 1 VP'' „w„° ii . ,„.4,-, ,,,),1" , 1 h to • 4t #..,- 4 , ''t' , 6 ‘;„\. „/ 0'',,/' / ,'1 r"...:-. .. . . * arta r•••1 I I ' : • c is� • •♦• '• w yf • • n Mr { � Ll♦./ I ,.. .. �jfilfilriQ7i',&Tai1�Y•1:^�M]1. 41 F.4 «0 34/ m • DHy'}�yy��..��{.rI `��l : '�I, EXHJ.ThIT ii DIRECTIONAL DISTRIBUTION SITE, GENERATED " RA 'VI By Percent `'Mft,r i h • CARL II ti1J1 t`Kt•INC iCeoNtSUti'ihht't/i tSP ltA;;lbN tw►tNt 1:1 t ` !4',y f �` a ,� . d 14,00 �roved Site Traffic, ° 134o0 Proposed Site Tr.affi�� a:; '1 C) 100,0 ,. ;u ' (3.. • .,,,,,k,„,;,,,,,,,,,,, � ,� �; . 214 0 Ory,�:�:.,w.{� 4 , :{,-war,., SC ., J S . azo ' �, 140 r N a•• •• • • •• •a SITE' 1 Y i 7. � (- 140 a 70 r w 0 3 EXHi.DZrr 12 STGrNM WT OT SITE GENERATED TRAFFIC 1 , Average Weekday Voiix €: .. CARL H' i4t,N'f7'KE•INC CONSULX1Nc raOisrt ,,)1,1 4t i x tt4"bP E i /lr • r r .. Adjacent Street Traffic Traffic volume meaq�uz �.,ment� were obtained; from the Cit,T of Tigard and the Orogon Department :of Transportation (ODOT) for the adjacent major streets . These were supplemented by a manual peakeriod count at the intersection of 130th p Avenue and Scholls Ferry Road. Exhibit 13 summarizes the 2)4- adjacent traffic volumed on the ad,� ent streets as adjusted , between the various different traffic volume measurements. The adjacent street traffic was forecast to reflect conditions b theyear - or __ 2000 when this area woulde . I fully developed. This forecast utilized year 2000 traffic ,-, •i projections ons made by METRO as a guide for increasing thar ough ` traff c, the Traffic Circulation Analysis fo NPO #7 by Carl H. Buttkr• dated Ma;" 3, 1978, and analyses of the P .k, , devrelopment of land between Scholls Ferry Road and Walnut • Streetoetveenthis site and 135th Avenue . This foz:e cas : was made assuming the site developed) as approved and as proposed. , > I in the application. Er,hibit 14 summarizes the f*,recast year 2000 tr,aff' *ydevelopme/at.ftr both condition of site develop Street :Capacity The capacity of the streets affected by this site was. $... analyzed to determine the effect of the ',proposed development f W i • ' i CARL!, 6UTT E,INC t * = Estimated '' s V imat e1311j • QS' rye. +�° . VI �r +r.• F.� 1 .,,,n., ,h .',.,'',;.• i I :•y M1`4 'i I r1� w tiLçJiiii 4•i i 4 a i i♦•t a,r•r••+W • •.It• •.• •� I r-y'1 r ;f i { 1. -5 a .v4 a�-r` ` EXHIBIT 18 1981 ADJACE1T STREET r TRAFFIC 2�k-Hour Volume =ate 6 t'A 'i,u l'i 13urrKtliqc; oNtt!t ;,4d'Rl 4.tt*P P I/*TIOP di E 'INtf > •. p r 4 w 160 a _With, Approved Site' 2ooca ..... - 310-0')- With Proposed Slue 4 . t ,,; - . ' a 23300 5 , m 22.400 ,, ' . o r > I 244o0 ,, 4.; ,,..„4,,,,,,,,.0.,,,.0- 3' ($:,-?0 S) a tc4t.1;',`.4w ,,'y41' 4 CIOD ' , ' ' , ' '..L, N 1 XI. ' MJF 1z H( 0b }}},,,.r..!♦♦ Y*' ..* Y Y = . ••• •♦ . - r: • i• a. ��. T (goo • • f r t M SY 4:8 LVVL1 • ,1 •Y • 4 Y•+/ • M to � ''' 30C3 ' )5I.�0 1.-10 �500 pa., ..,,„,,,,:. 16oQ , gnu J2iôf 0 1.;)L17,I15IT 14 EA 2000 TRAPPIC ?ORE0ASTS ' 2t=-. otip Volum j' o d, 4• i 64 n! tiJNt 1l11a`6*Ari4to(J{EtA ll) ENt M e . s x .1 • 10 l These anal+ t, Avenue w;�� assumed 'that 130th uid be plan �� s " constructed to Scholls Ferry Road as a 36 foot gide . oadwa . The capacity of stop controlled approaches to Scholls Ferry Road is d-lrectly related to the volume of the passing traffic on Sc.,Iolls Ferr,r Road and the ava_ll.ab3e gaps to cross or enter Scholls Ferry Road. It is estimated that • the northbound approach of 130th Avenue to Scholls Ferry Road, if f:ont,rol:!ed with a stop sign, " would not have sufficient capacity to accommodate the projected traffic on 130th Avenue with either condition of site development . Therefore, a traffic signal will be required when 13th ` Avenue is constructed. constructed. c, Tabledicatee a comparisonthe intersection capacity 6 a.n.�.� of A 'for 130th Avenue and Scholls Ferry Road assuming the I I intersection is signalized, Scholls Ferry Toad cortains one travel lane in each direction plus a left turn lane, and 130th Av.-,!nue is 36 feet w ..de . A comparison was made for • • conditions in 1985, assuming the site and surrounding area li to be fully developed and occupied and, for similar conditions by the year 20C,O } 1965 Hlt-hway CaDacity: ,,Ian •11 and the . r ins Orta' .o `I e� �,d "Ma+'X y�W Y ia• y�i w..,.a � .r, ,'M .tr r TranzPoil-c'ation .i o n r..,. cademy of ci Lees. _A NNC. '.• Iuv�i YYM awn l • ..., '... .,, A I 1 � • Wim'" ' 1 A [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] 11 ,' �' . ;., .r�..,•r:i+.:.wr.www.ww � .•••n+•�.+v1n«H..�.r�wraw•wrw•r:«««-*w...,.w..,ww..++:..rw+.w,m.w«++•....w.N.a«r»xi :` A,. •L A B.J F. C ftPACITY COMPARISON OF 130th AVENUE AND SCHOLL�$ FERRY ROAD Percent of Capacity Utilized Level of By Traffic Service 1985 With Site As Approved 770 B to v I 1985 With Site2 As Proposed 85 C to D A � Year 2000 With Site As Approved 88 C to Year 2000 With Site As PropoEed 96 D to E # Note : Scrolls Ferry Road Iassumed to be two lanes with left TT .an.E'. aYld 130,,�x "1 Altnue to be36Peetwide •`1"`Y�'"'"�f'e"'sh+rcia:tmLL..i.irut�,.uYf}awMiMwwdw' .." ... t , 'a,+TIL H aU l IX INC • 12 "" As indicated on Table 6, if the site were developed as approved together with the surrounding area, the traffic passing through 130th Avenue and Scholls Ferry Rod is estimated to utilize 77 percent of the capacity by 1985 , and 88 percent of the capacity `by the year 2000. P • If developed as p proposed in this application, the total taffic would utilize 85 percent of the capacity by 1985 and 96 percent of the capacity p y by the year 2000. ' 1., The additional traffic generated bY this site, because of this proposed change in density, is expected to require eight percent of the capacity at 130th. Avenue and Scholls . Ferry Road. `' The effect on traffic operations would be to accelerate the schedule for when Scholls Ferry Road may require widening '1 from three lanes to five lanes. It is estimated dthatthis wid.enin.g probably would be required between 1q55 and the , year 2000 rather than after the year 2000. It is anticipated that alptber roads affected by this ensity charge will not be adversely affected by the i nc case' in traffic volume. "�� 13 Site Access Needs 4" It is recommended that the site circulation system connect to 130th Avenue to the north and 128th Avenue to the south. r : It is essential for circulation for the entire area that 130th Avenue connect to Scholls Ferry Road at a signalized intersection with a left turn lane in Scholls Ferry Road. 'Iha present traffic control on 128th Avenue at Walnut Street (stop sign) is expected to be sufficient for the forecast f ' traffic volume ' ConcJusioX1 It is concluded that the proposed change in density on this C'• site will not adversely affect the operation of the planned Ltreet system and will only accelerate the schedule for widening Scholls perry Road to its planned width of five lanes , This widening ing' may not be required until abrut 1995. � ry • CA " : PL h r I f 3. Other Jurisdictions - Schools Using the formula developed by the Beaverton School District to determine the number of children impacting a school system as a result of site development, it has been determined that the development of the property under the proposed revisions will actually generate fewer school age children per dwelling than would a • single family detached subdivision of 168 units as approved under Summer Lake project.Phase II of the p J For the Beaverton School District response and comments, see Appendix B. f D. Adequacy of Services and Facilities 1. Sanitary Sewer The existing8" and 10" sanitary sewer that extends through the Phase II site is defined as lateral "A" of the Scholls trunk sewer. It was I , designed in 1978 and constructed in 1979. David. Evans & Associates, t'ry Inc. provided engineering and contract administration on the project. { The design criteria estimated a population to be served by lateral�r� of 2,384. Using Unified Sewerage Agency criteria for estimated flows, 2,384 persons wou.'d generate an average sewage flow of 214,560 gallons per day. peaking factor to be used is 3.4 based on the formula 2.5 : (Ave. Flow)0, . The est mated peak flow is then 0.73 millions gallons per day (MGD). Infiltration and inflow are estimated at 900 gallons per acre per day and results in an additional flow from the entire basin of 0.18 MGb The total anticipated.ipated peak flow is.then 0,91 MGD. See Exhibit 15 r- ( I U P \ ti � foie •- . �iro1e r j. ate a _ • `s. . r 1u • ar S , s ii { ii 27 l , ..--•-•'-------------...--,--.-'-''' _4.0 , •V'` � � , o ^' r '```fir• V 1, it 1: r ,,,, i ,. 1 &ar\14.6,rq ? .ate 1 {, i 70 Prop cs . ani tr . Sewer Service. ', 1\1 `'1 ,11,. T+ The proposed plan would increase the population over the population assumed in the lateral "A" design by 471. The new anticipated flow would be 1.02 MCD. The average slope of the 10" line from its terminus at the Scholls trunk to the upper limit is 0.80%. The line at the average slope. has a g �l � capacity of 1.40 MGD or a 40% exce,51s capacity. The system will accommodate the increase with no adverse effects or restraints on this or other properties within the basin served by ,, 2. eater System , ' I I Tigard Water District supplies water to r?,e Scholls Summer Lake area. Lines 6" and 12" in diameter are adjacent to the site on the south and west and can be extended into the site. i hese supply lines are sized 'to provide fire flow for protection of 'i he existing and l proposed multi-family attached housing developments` on the west at Winter Lake and on the south in Morning Hill.The additional housing !' units proposed places no new demand on these '4,reas for Erre protection. The increase in domestic requirenlecit of 530 (approximately) additional persons represents a demand' of 50,000 gallons per day, average, and this represents ortly 2% of th e capacity of the supply lines under normal flow rate,M See Exhibit 16. I. It The proposed population increase can be easily accommodat i by the existing lines as they are extended into the site. { : '1(4� 71 1 J . -----, d, { ►fir 1,1 .,.-- • ! l • O .11�t b n j 8u , - t tlg . to V ir,E'j ...„,k-,... propari- 1?7ourtiti0,,ti 2 d Wa+e.r Lih p v$.1.,t-i Wo,-tar I,r b Nor+ 0 $on 4r. t.- 3 i, • • ro ose satei- , ),;,,1\-ii ).i‘r- 'to , . , .. „... ''.-)(2._ f' • .., 3. Storm Drainage 0," This portion of the site was included within the Hydrology study provided with Phase 1 of Scholls Summer Lake. The study resulted in the construction of the new dam and spillway on Summer Creek. As stated in that study; the total basin is approximately 3.2000 acres upstream from the new dam,. The construction of the dam includes provision sy for runoff detention to control 'increases in' runoff incurred by site development. The area of ;his portion of the site that is proposed for increased development is 26.3 acres. The increase in impervious surfaces introduced is estimated as less than 4 acres. Increased flow during 10 year storm (a 10% chance of occurring in any one year) would be 6 cubic feet per20 minutes into the storm and 3 cubic feet second at per second (cfs) at the 56 minute, point. Fifty-six minutes is the p y- dur.ation anticipated for flow to reach the dam site from the remotest point within the basin. The increase in detention storage ,, depth to accommodate this increase flow is 0.03 feet for the 20 minute duration time'and 0.0) feet (3/16 of an inch) at the time of peak flow from the basin. These small increments' I are insignificant in the total design calculations and are too small to represent any reliably predicable. impact on the facilities. Tn existing major drainage improvements will function the same regardless of the proposed change in this very small portion of the basin. 'nterior drainage lines to provide positive drainage for the streets and housing will be specifically designed for the proposed density. All of these facilities will be equipped with slit collection b sins., Oil separation manholes can be used to further protect the lar(e; which is the outlet for these on-site improvements. See Exhibit li. 73 4 r t + I/ R "' `.,- . f ie^ G. 1 i I ---\_,/ \,—,,,,,,,,,,.. , n kV .,.,. I _____ 4-1 ti,t,...,,,,,,; 7 `ft. ! , ' a 1 • c 1 CV-a for t\e, r .-- .'' ..- d tli Prope,r-fti otuhdArt) -,.. Prnpav d t•ortrt.0 naitr,*i.j 'om 74 Proposed 1 ,,,,i. m ,. ., . o kt x: ill. ZONE CHANGE �c,.. A Comprehensive Plan Revision results in a Concurrent zone change according .co the City's plan revision and zone change ordinances. i` N i l , k Yr } a r } I a' 0 r I i i iiiiiiimiw i , 75 I , a +� A IV. PLANt4ED DEVE LOPMENT (PDQ Section IV. of the application, is for the approval the Preliminary Development Plan and Report for Summer Lake. Upon approval of the Preliminary Development Plan and Report by the Planning Commission the applicant intends to file a General Plan and Report which will specifically illustrate how the Project will be constructed. directed in Ch,.toter 18.56.021 of the zoning ordinance? "Approval in principle of the Preliminary Jeveloprnent Plan and Report shall be limited to the preliminary ?" acceptability of the land uses proposed and their inter--relationships and shall not be construed to endorse precise location of uses nor engineering feasibility." The followingcriteria must be addressed for the written report.. . ' A. Narrative. See Table 7. II 13. Written R.epor .. 1. Proposed land uses in relationship to the comprehensive plan and _ surrounding areas. The applicant're-requests concurrent clapproval: fora.Multi-family Residential • use of the site since portions of two sides of the property artidesignated A-l2 Multi-family Residential and', much of the remaining boundary of the property adjoins a park, open space and schools. The concept of the plan is to: 1) Provide a range of housing,types that respond to the rapidly changing housing market while promoting home ownership in a single family` attached, detached arid condorrilniutn manner Y r C ^ • iq. 2) Assure compatibility with existing and planned residences and, 3) Integrate the park and greenway into the master plan. The proposal calls for development of three unit types: : f I , Single FaTil Attached mingle Family Clustered but detached Condominium The number of the units proposed is shown in Table 21 Unit Type and Count. The location of the units is shown on the Preliminary Development Plan Exhibit 18. The three unfit typ'.s are illustrated on Exhibits 19, 20 and 21. Table 7 I' Narrative Information Area 43.26 acres Current Zoning R-7 Proposed Zoning A-17' Number of Lots 54 Proposed Use Lots 1-48 Single Family Attachet1 Lots 49-50 Single Family Cont'orrtirilurn Units Lots 51-54 Single Family Detached • Clustered Housing Number 5 ildings 353 (401-48 SF Attached) Condominium Units 1 100 square feet • per unit Detached Clustered Housing Units - 1300 square feet per unit p it I tJper.1 \ '-, IParr / `.%,: I oo)tear' loo plain ��,�! �/ ,1�p A 9w e.fev. t'ly ../ '; .� .... 3r toy \ �r� � I r�,� 1 I 1` --ti70�'GCit" )' 1 / 1 r e 111 v rloa4 Main ` .. lra , -. P- .,...,. h ' \ 3 y„/ 1,1.9 p°o r it 1 i } 'opeN I/ +1, i hltrgyte IILSA�� tkikci 7,t'--...„..,\ ', `. �..,, L,., a+ 1 vw p\Uiurr4 1 / I G�QAei& ;• ! / V[iia.Ci\ \ "\ 7 e °,„„. ` 4z to `rf ! ` G..-U,Pit°I ' f I �`" (•lint&r&d Hoi►�n9 ,k ., - '' ``\Y 1 r Edi 6 . I i I t ,rt / ,,'1.? UNI* 1 -'. ''� f \ t - : _,„ .,„,'N\ 4,-.....„,-,,N,...'' ,, 1"..rri r,d ...i. 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' ' I ,,,,.,;,,-4,,,,, .htt,,, 00.'' ••.),4,, 4, • ..i• I, *.• , .4 4 . . ..i. ..-40.,,, ,-,7(,..r, F4k..4',4,"..,' '• 111 ''''31'{!,. , ' ' . r, '''',..,4P,40.,1,, ,-..! *".*41tIltr4tik, 1., la ,ie,,,i';:‘,......:, ..,;,,,,,i'‘''',...t..,;,1141•, - ', '1 '''' '' "—' '' ''' ' •`^f.'• '4'7,,,*k i\Z,..,7k,:;',,,,',,. r" iliiiiiii ... , 0 .,-=--....., -----"":',:?' ',,, ., ,P-.,',,t4 ',,,'''!,;'‘ ,4"..,;,:,'1...,T,Ir/ .• . ,_........,^--.., ,t, r 1,,:, p.4.4.r.411,....•••••• 1 '' ' f .-....., ,,,,,,,,,, gemmum•••••,........4., , • ,,.,.. N. . . ...,,,,,,,,,,, , . . — .$0' ilk $ i.; 4,....... ...lion.O• ,.. ,,'.! '.• 1/..,i l', r RN.'4,'''. ,tr? '7' 0 I rk'r * oinvo. '' * . r ' J,..1.- -,.-,...!!!I Pt•ivotkiAt,i , • ,,4, :',?',''''...', At , . .,:'i''..4.1'Ari';',',"4:11:'.;•'7,7,,,,.,,',',.1,,,-,:':P,,'.7',N,,, ,7`,',,, •- "Ip '' L4 '''''t --'.7 ' '-' - (--.';'.''''‘''*''':4;h••,..,,.,3;,' rr,,,t-, , / 1,'. ' ,,•,;,,,..,,,,....,; ' ''---!=ti,... ' . .• - 416, 0110, • ....., 'vk:.4!4.4,ir '.'",iR' . 1 ' , 1*';4!,;Q*'''',.,tif .,.',,,,-'t4.t ;',.L,:,',.,,;.,1,,,,',..,,,,,Itit. • '1 ---- --1,... .,1".....1.1.,.., ,,'• VIIIMMOVIIIML4 4 4 0, •-"!'rii.7,....11114... , Cion.+.rr\or Aret ' _ LI '11110 ''','i • '} r, 1 cl iii rt-ivate, y(it..cip.i fe,r tiri-L------1...... r, Typical1 , . us. ' 'r Layout •-• ,,,,,,,,, ,tti ,....,•' q , , , ....iti I • . kt f , ,... , •,-.11,10**.e..:',4410,.. ''.. lir r . 1111 • 404, 236 square feet = 21% Land /r Coverage Proposed for Buildings Number of Parking Spaces 795 (2.2.5 X 353), compact spaces 198 Total Area Open'Space 5.17 Acres = 225,205 square feet = 12% of 't Total Site Area (To be dedicated to the City oit Tigard). Area in 100 Yr. Flood Plain .71 acres of 5.17 acre Open Space Area in Roadway 6.49 acres = 282,704 square feet = 15% of Total Site Area Area Over 12% Grade 1.17 acres = 50,965 square feet ' =' 3% af Total Site Area Net Developable Area 30.43 acres = 1,325,530 square feet = 70% of Total Site Area Vertica' Datum 2' Contour Interval Legal Description S.B. Y4 Sec. 33, T.I.S., R.1.w`., W.M. • Tax'Lot 100, Map #151 33D t� 1f � .zer City of Tigard Sanitary Sewer City of Tigard y, 2. Density calculations based upon formulas included in this Section and , nor requestedviatior� from allowed densities or lot coverages., � reasons3 de g Table 8 indicates the density calculations for the project. No variances are bein f requests d. 82 rf O ap, n , Table 8 Density Calculations Total Acres 43.26 Less - Acres O res Open Space � p p 5.17 Acres Roadway (15%) 6.49 - Acres Over 12% Grade 1.17 Subtotal = 29.6% 12.83 Net Developable Acres 30.43 Net Developable Acres : 3630 sq. ft. per unit rrlinimum 365.16 10% Bonus 36:5,1. Total Number Units Allowed Al2 Pb 401 3. A description of recreational. openspace areas. proposed within a +e ,zona or residential development. In large industrial/commercial developments, open space and recreational areas shall be provided to serve expected employee demands. APP-locantshould also address the avaxlab,`ztY o fP public recreational areas as they relate to development (i.e. what increased use of public recreational facilities the City could expect from such development). The north: south on-site drama ewa will remain a f si a large open space, tt will connect with Summer Lake City Park which borders the entire north boundary of the project* Open space and common areas will also c ,meet with the Winter Lake open space and with MaryWoodward wI ek400l, The teenv ayi open spa esi school grounds and park will provide eesi eats with abundant recre itiona1 opportunity, i �,. 3 A4 Nearby city parks include lack Park and, Woodward Park. Use of these parks, however, is not likely to increase because of the proposed development. 4. A description of all sensitive lands.within the development and what effect the de 4-z:lopment will have on similar areas off-situ. In the case of flood plain or drainage area, this portion of the narrative will be very specific. The City the rreserves i� P,proht to hire a p riite professional . P' consultants to refute any portion of an applicants narrative concerning flood plain or drainage areas. The cost of this consulting allbe borne totally by the app cant. The 100 year floodplain .is shown in Exhibit 18. The 100year !:wood -.lain P is near elevation 172 at the northwest corner of the property and near elevation 171 at the northeast corner of the property.' The entire flood plain is within the area proposed to be dedicated for open space purposes. Consequently, no development will occur within the "sensitive lands" area. Additionally, the north h south drainageway is being preserved as open r- space as shown on the Preliminary Development Plan. The open space area very nearly the same shape and is the same size as was approved in the c,rigi.na :over;all plan for Summer Lake. Because storm drainage facilities will be'` designed and developed according to city and county standards, the project will'. have little or no effect on "off-site sensit ;;e landt' areas } 5., An analysis of traffic circulation for the development related existing or proposed transportation facilities on arid off-site. The City reserves ' the right to hire appropriate, professional consultants to refute a.ny/all portiori(s) of an applicant's narrative concerning traffic related issues. ;,} The cost o1 this consulti r tg shall be borne totally by the applicant. C . See II. C. 2. d., Traffic Impact. 6. Proposed ownership patterns shall be addressed. NOTE: If the developer proposes a conversion of ownership at a later dare,'phis must be explained in the narrative. ( onve;'cions of apartment houses to condominiums may be reviewed by the City Council prior to said conversion). Copies of all Homeowner's Agreements and Consent ;Covenant and Restrictions shall be submitted for review with the preliminary plans, Particular attention will be given to the fact that said Agreements a�;d Consent Covenant and Restrictions must not be written in conflict with the Uniform Building Code or any Section of the Tigard Municipal Code. All units will be sold for owner occupancy. Homeowner's agreements and Consent Covenant and iz,?strictions will be very specific for the units proposed and consequently it is not feasible to develop them until final General Plan Review. 1�' ('M 7. Applicant shall verify that the development proposal hasbeen reviewed oP p p lay the Fire Marshal. A letter verifying said review shall be includc d as part of the narrative and any conditions placed upon the devel(vp 'hent by the Fire Marshal shall be addressed in the narrative. See Appendix C. The project will comply, with the'conditions specified by' the Fire Marshal. ° 8. Residential developn'ternts shall be reviewed by the appropriate school district office.' A letter verifying said review' shall be included as a part ve and any conditions placed, upon The development by the of the narrative r. school district office shall be addressed in the narrative. ' See Appendix B. ,�' 1 9. An Indirect Source Permit application shall be made to the Department of Environmental Quality when more than 500 parking spacers are included on-site. A copy of this application shall be included wheh'A the preliminary application to the City. According to Howard Harris of the Department of Enviro;imental Quality single family dwelling units are considered exempt from requirements for Indirect Source Permits4 Multi-family developments requiring 250 or ' P 9 more parking spaces in the area of, the site do Tall under the application procedure. However, since the off street parking requirement for " multi-family units in the A-12 zone is 1Czspaces per ;nit and the proposed i� number of condominiums or multi-family units in the proposal is 162 and 1Y2 times 162 is less than 250, no Indirect Source Peftmt is necessary. 10 e A description of proposed deviations from the standards presci-s_bed by this I` title and dee► ` fromrequirements and standards of Title J�T of the •' this code, shall be presented with a showing that the public, health,safety and welfare will be better served by such proposal. No devia i : i tonfrom s the standards are proposed. S ' fill I I x I I' lYA Y R .,,, ,..,__ I p TABLES oa b.,,, Page 1. Land Use 1 2. Unit Type and Count 18 3. Comparison of Population Impacts 3 4. Comparison of Estimated Housing Impacts 54 5. Comparison of Estimated Site Generated Traffic 57 6. Capacity Comparison of 130th Avenue and 'Scholls'Ferry Road 66 • 7. Narrative Information 77 S. Density Calculations 1 83 • • 1 (" The enclosed material including any charts, map photographs, illustrations, studies or plans may not be reproduced or utilized in any respect by any party without the prior written consent of Benkendorf Associates Ltd. No portion of the enclosed materials shall be deemed public ii'lformationor Within the '' pziblic domain unless so submitted by 13enk vendor.f & Associates Ltd. 1 Benikendo,.f 6t Associates Ltd. reserves the right to determine all terms and conditions of release of_t r use of the enclosed material. _ 1 APPENDIX A. Legal Description B. School Letter C. Fire Marshal Letter D. Comprehensive Plan Revision Application . r !: 1 4p i c i is A- 1 • • 1 • 1 p n BEN005 10-21-81 Ronald E. Lambert APPENI ZX A Legal Description SUMMER LAKE PHASE II 0 figs A tract of land situated in the. Southeast one -quarter of Section 33, Township 1 South, Range 1 West of the Willamette Meridian in Washington County, Oregon, more particular7,y described as follows: ,r Beginning at the Southeast corner of Secti ;n 33; thence North 89'55' 41" West along the South line of saia Section 33 a distance ' of 1300. 36 feet to a point on the East line of S.W. 130th Avenue; thence North 0'01' 37" West along said East line a distance of 1196. 17 feet to a point on the South line of that certain tract. ", � thence in Book conveyed" to Shirley Dow by instrument recorded April 5, 1948 Book 2 4 2 pageWashington County; 9(e , C 17 7 , Deed Records of •, North 89°55' 41" East along said South line a distance of 390. 64 feet to an iron pipe at the Southeast corner of said tract; thence North 0'55' 40" Wes along the East line of said tract and the Northerly extension thereof a distance of 219. 59 feet to an iron : pipe Gt the Northeast. corner of that cerin tract conveyed to "� Shirley Dow by, instrument recorded Dec. rnber 8, 1948, in Book 291 page 349, Deed Records of Washington County, on a point on the South line of the duly recorded plat of Amart Summer Lake; thence South 55°40' 41" East along said South line 135. 00 feet; thence North 43°32' 57" East along said South line 531. 49 feet; thence South 62°441' 50" East along said South line 278. 86 feet; thence South 36°44' 33" East along said South line a distance of 315. 00 feet to-a point in the East line of Section '33thence South ' 0°00' 27" West along «t5aid East line a distance of 1345. 86 feet to the Point of be idnnin ��. acres, p g � Containing an area of 42.1 g4 more or less r I I i r J ' A- . E • .p a r . r. APPENDIX B CITY OF TIGAF, PLANNING DEPARTMENT SCHOOL IMPACT STATEf#EEtyT F OR RESIDENTIAL DEVELOP,,IENTS. OF 4 UNITS OR MORE , LL I 4 Since one aspect of development impact relates to schools, the following information must be completed, and this sheet submitted to the 1 P1ann,a.ng Dep& trCnt with the effected application, Please call 639-4171 if there are any Questions, • 1. TriE i OLL0 ING IS TO BE CO:41)LETED BY THE DEVELOPER, - Name of person or firm developing the property Lutz Development Company Person tc, contact Mel Stout Benkendorf & Associates i`Jtd. Phone number 226--0468 Mailing address 620 S.W. Fifth Avenue Portland, Oregon 97204 Legal description of property be3.n • proposed for development (map , num , and tax lot(s) riuxttber 33D i , 1(3D and 1S1: In order to expedite asp-..)uses from the school district nvolvec-1, please. �nidcate a general vicinity description of the property being prooposea for derelogrnt. The site is the undeveloped rnmer Lake portion of StAlout of the � lake off S.W.' Sch.olls Ferry Road, between '125th and 130th Atienues in rr'igard r Oregon. • -- Doe5 the proposed de- e ,opment require 'a: (please check appropriate 'box) Plan Artondment Zone Change, Sts ►division Variance ' • Co3nditioriel Use Perrvit nti.tber of dwelling units being prtlposed 4 01 1111111r411,_ • I is w r age 2 • - Type of units being proposed: Single Family Num,'-'er-of Units 191 Clustered Units Duplex Number,of Units 4$ Multiplex Number of Units Multifamily Number of Units - How many bedrooms in each unit: Single Family 1/3 2BR gal 2/3 3 BR multiplex u 3 BR P , Multiplex 1/2 2 BR and 1/2 3 BR Multiple Family - How many acres are involved in this proposal 193 Ntay Wheri is construction likely to'begin: year J`s month , - k I Is the completed development to be in. phases? , des If, so, hoot P many aria over what tixn pers.rd 5 phases over 5 years -- When is the last unit w';cheduled to be completed: year 1989 month Septe.?nbr�r II. SUBMIT THE COt•LPLETED FORM TO THE BUSINESS OP"FICE OF THE SCHOOL DISTRICT iii` t*IICH THE SITE BEING PROPOSED FOR DEVELOPriENT IS LOCATED III• THE FOLLOWING IS '10 BE CO?.tPLETED BY APPROPRI Al SCHOOL DISTRICT OFFICI.L SCHOOL NA:71E EXISTING ENR. EST. CAPAC.TY" I , I Elementary In te rrne c:ii ate I I I High • Ad ' .t]•on al Co r[me n.is• Info nation provided by Teleph ine 4- w n * Date y RE T URS TO IV, "`' bEVtLOPE.R FOA SUBNUSSIOLkt wXTa APRIItAT:ION (Name &: adc3tes.s Oh i page 1) I I i I • Beaverton Schools District No. 48 , P.O. Box 200 Beaverton, Oregon 97005 • 503/649-0480 August` 13 , 1981 M _ TO.: City of Beaverton and Wash,...ngton ' County P1an4 .in�g ,Departments I . , r FROM: Walt White Joy-Gay Pah } da an completed updated District has just com p �p ted demoqraphzc survey. For the first t3,.me attached single g y� homes were amilY included in the study. As a result of this survey, _ ors we �,rzll inHour •u�eutdiv�.sions following fact projecting . s b �'`orstudentpopulations n 1 Single Ffi a �.ly . 39 elementary--age children per dwel ling .16 intern rfdiate-age childrenper dwelling .12 school-age r, per + c��zoal--a. e children dwelling 67 total school'-age children per dwelling Lc Attached Single ?am .ly .1 . elementary-age children per dwelling ,02 intermediate-age children per dwelling . 02 high school-age children per dwelling .15 tota_,., school-age children per dwellin Multi le Fal it P Y 13 elementary-age children per dwelling 05 intern e6: ate-age children per dwelling , 04 high srcbnol--age children per dwelling • .22 total sncoof-age ohIldri n per dwelling C"ondomii 4i.11T17.5 031wementa:,: rage children 'oer dwe1lin t -Age children per d' el1inq �2 �n�ermeiate�-�. p� w Ol: high schc�ol.--a.c�e" childrenper �ll.�ng d u�. .06 total school-age children per c b4telling , ..... ... ... .:... ..: is,.. .,.......:,� .... _..F.... �_:.._...: .m..n ,.,::,. ..,-. .i ....... . .e r ,. .,. .. • ,au.wu,.4 .4,'L ,i.:,Lu w ....•u n wlwr.,;l j SUPPLEMENT TO IMPACT STATEMENT, t ANTICIPATED II OF PROJECTED LEVELSCI-100L: EA'IS T ING STUDE -I-S FROM ENROLLMENT NAME _--� CAPACITY iENIZOI.t.MENT TIAs SUBDIVISION 1981/8?_ 1982/83 Elementary - ` ` c�� a = f1 y) . fi IritermedIatie f 4'.-.4-47!t'` (-- !:`t/'; (.' -, tip ,;F• 't_.4-)-•I., ...1- ,---, ii , •t-4 - — 1 -' - 6_ • r _ _ADDITIONALMEQ S f e ' ,jf a . ,e . ( , y ' c, _ i e. / ; _ cc ,..L),..,., ,,,, e./1 .),,,I c: ).,r,. c, :. _.1 ,a c'ti./Liz it"z., c-..,/i-E---/Lo?.....te-(./ , . }_ '� .i( -�' 1.. ._e:P. t 1 c-,Ir 1f / 17 4> fit''"C r-t:.C`Cr( ,04,-)7,-,4(:(.. l 'l L(C,f ,.,,fit t`?( !`.f f_.t t .t , s;tit< ,C.C..I'k.t F 4 I cif/ ( .* Ci rG ,- , - 14 -* r: r{= t- = --, - iL,`r t I { e,I M n - l t_t.- 1. I/1..- -4. ). .-e -c i 1 (L' -tite jt-f. d.t‘..4.. mac' r off .* if ` ' I .. -lit '/f C- C- f1-t4 U' 4 .. �� Al �� �' ;-Ki..i�. �� c # = ��rs'€/L..�,,,� Ytz L(_(-,._-- (.,��r'to..s ;�L �G�.4'/�S_4g - 1 m(/''.-f € I .f =L.t . .*i t /I-1(4.., i, fI(' . - = `f {` f / '!i' `.,� ,- c r /f r I t c i , v _ �, c ..(Cc r �, trF t L l�=,,- f "_ ,r ,f r i �' ,(iee-( s i t l ..e,_-, t-'(-! �`l}_ �4ft'Ce-,:-._:). f s ' _ - r t sJ _1 €" tt, fi ! r..L. €e l L ,"I s l= E , - —,/ ,.} �` ft: rJlj g_`- r .'f £ t 1.: # .. tt _ 1 f f =4 cL 9- f- 1rr t t/X ' 1 vC+. // -%ts. I$(t- " _ ;; r-rrs4 F { b > ,r ry t` t , I, '.,' , �- ,..•..... APPENDIX C *•.\ . \ (i ,: ! . , 17b80,, W Blandon St 1., ; --:"1/ s ti A Afo hd Ori.-.),(1(3n D7r)0 9-8577 4 r r ISrt. SUBDI :,BION FIRE PROTECTION EVALUATION STATEMENT r' Subject Property: /X/ Preliminary Plat • . ,• Summer Lake / t,. (near Revised Preliminary P Jt • `', S. W. r ( r S. W.130th Avenue . �, Scholls Ferry Roads / / Final pi.it Fol 1 owi n g examinetior, of the above named project., Washington County Fire District No. '` , , /X/ Endorses the proposal insofar as fire regulations apply. . w v r / Does not endorse the proposal due to the tficenc'i es noted in items __ r� I Response rime (e).pproximate __ 371/2 ._ _�.� _ Miles 3 ;rpt mutes a) Traffic cOridi t i ons / Xi Acceptable / ,> Unacceptable b) Public ti'-odds ' ' 1 . width /V E3cci,-.pt5bl e / / anacceptabl e .n„Nr i i.. gra(le percent IX/ acceptah'e /� / unacceptable o• [a,. i ii. surf ce / acceptab;e /7 unacceptable II Fire Fighting Water uppls a.; ,ater ma i ns /A/ acceptable / / uriacceptab,l c b) F r'�c hydrant spac,=rr•3g / , l acceptable / unacceptable Coal l ops .�• ., per minute flow / xf acceptable / 7 unacceptable b ' ° 4 d) Duration of flow /„, X acceptable / / urnaccepta l e r. a , III Internal Design ) Access roads and`driveways /X.,/ acrepta")l e I unacceptable i. width min. /X/ acceptahl' / 1 ur:acceptable ii, grade percent. /X/ a :ceptable / / unacceptable iii. u: /X/ acceptttbl e / / unacceptable�y ttrr�n radi tv„ surfaces / acceptable 1_,/ unacce tab1 '4 ' , . ) Fi're h !drag It spacing /7 acc•-ptab►e ` / / unacceptable ..ft)''" riot, 8howwto TV 1ntpact on Physic l Cefenses. v4iith' Respect to a) Current number of fore i gbbt in,g units /max acceptable / 7 unac+ diptabl e �� b) Fire� station location AT ,,,,,"'ce.pti ble / / Jraacceptrab'le , .. c) Current manpower ,/ ” acceptable , 1 / 'unacceptab ie • rtto r'.t01,.";rItti".to rf to riot cosi 1t t:',A***S, 71 x ..gid ” : 4 ' '/'"'"` .Ar , ' - y •.' .�., _ -.., J �' , y,1- . �.. � �.� - n �„ , f '' Corlirtt.'nta r` Devel oe ' should be p aware of the following regLdi repents: 1 - 1 . F-i re hydrants flowing 1 ,000 g.p.m. C-.., 20 p.s . . a ` residual pressure, must be placed within "800 feet' 1,c. I clear travel. di stance, from any structure within this site. „ 1, L. Required access roads, streets, driveways and -- bridges shall be constructed to support a minium wheel `load of 12 500 ounds er square .' ,� p p q foot and a gross vehicle weight of 45,000 pounds. is • , 4 I • I App 1 , I r G ' Craig Keys iT /if' • Mel Stout w •' Tigard Planning 11+ pa trtmert , , h' ,{ t ,-"..:.. ,,,. ,. .. _.. ,». .... , ,..,...< ..,,.,,., w.• is .w_.. •_...., , v ' w .ir, x .+.+ I,F+tw a +{M 1 , 1 • ZO E MAP A-1'.ENDtEENT -- COMPREHENSIVE PLAN REVISION -- CONDITIONAL USE /I, Wik '. APPENDIX D FILE n �,S •TIGARD PLANNING DEPAR MENT 639-4171 FEE RECEIVED r , �' 12420 SW Main Street RECEIPT Tigard, Oregon 97223 I DATE RECEIVED t RECEIVE' BY �p I The "contact person" named in this application receive all. major correspondence from the Tigard Planning Department and that ", 1 person is responsible for providing same to owner, architect i, ett. In this case, the "contact person" is : ' i r kendos Mel Stout/Ben . rf & APH ) 226-OOF,8, (Res .) NAM. � spc.�ates ONE (Bus •,.. ADDRESS 620 S.W. Fifth Avenue Portlane► Oregon 97204'. ,_,,,,; (Street - Ci zip) if ,Signature SDatF �' 4ACTION REQUESTED UESTED ComP e rehensivPlan Revision from R7 to Al2 and review of .. , Preliminary Plan for a Planned Develo Tent. APPLICANT'S NA . AMART Development' Company PHON'E,(Bus . ) 2974521, (Res.) (,. I I _ a „ _.. _ �.: _. ... I ' fir ADDRESS 8925 S.W. Beaverton Hillsdale Highway ,Portland, 'Oregon 97225 a (Street Citi ) , P'ROPEtiTl' a e as OWNER' S NAND Sim above PHONE (Bus ,) (Res .) ' PONE (Bur.) (Res.) ADDRESS Same as above (Street City zip) PROPERTY OWNER RECOGNITION OP APPLICATION ; • ;,: ('Signature of owner ,- D Za�`.�Lot I 16 PROPERTY INVOLVED: TAX MAP -r I F. ��9,�6 TAX LOT(SASE �4- See. 33, TIS R1 r Not a li.cah:L; "St7T�E.�` N''1~ 3 �- At',�R�SS ......, : P'P . AREA 'i�;�.. 4 aor EXISTING Bt ILOING (4 and type) None X R....7 P I ' iPROPOSED ZONING A--1 C,U RRE;�T ',�C�NNG' A !'L CANT CURrENT usp, Vacant APPLICANT'S PROPOSED USE Res slential yII • { I . . . APPLICATION WILL NOT ,r3',t ACCEPTED UNLESS FULLY -44.0; M P' ETtb A-5 1 .:EN005 �a � 10-21-81 a Ronald E. Lambert ( ....: `• UU Legal_DescrLption SUMMER LAKE ?1iASE 5 , tTact of land situated in the Southeast one-quarter of Sectior. 33, Township 1 South, Range 1 West of :,the Willamette Meridian in , Washington County, Oregon,• more particularly described as follows: Beginning g g at the Southeast corner of Section 33; thence North: S w 89°55' 41" West alongthe South line of said Section 3:� a distance II of 1300. 36 feet to a point on the East line of S.W. 130th Avenue; ti thence North. 0°0l' 37"' West along said East line a distance of. 1196. 17 feet to a point on the South line of that certain tract conveyed to Shirley Dow by instrument recorded April 5, 1948 in Book 242, page 177, Deed Records of Washington County; thence North. 89°55' 41" East along sai yd. South line a distance of 390. 64 ' i feet to an iron i e at the Southeast corner of said tract; thence North 0055' 40" West along the East line of said tract and the Northerly extension thereof a distance of 219. 59 feet to an iron pipe at the Northeast corner of that certain tract conveyed to Shirley Dow by instrument recorded December 8, 1948, ih Book 291, page` 349w Deed Recorc.Ls of Washington County, on a point on the South line of the duly recorded plat of Amart Summer Lake; thence, South 55'40' 41" East alona said South line 135. 00, feet; thence North 43'32' 57" East alo ;zg said South line 531- 4.9 feet; thence r South 62°44' 50" East along said South line 278. 86 feet; thence South 36°44' 33" East along said South line a distance of 315. 00 a' feet to-a point in the. East line of Sertion 33; thence South 0°00' 27" West along said East line a disttiti e of 1345. 86 feet to the point of beginning. Containing a : area of 42. 84 acres, more or less. f , ki , ,,, is In �; ' i r ► 1, I 10 , . . " . , . . ti . d ' din ,,f. DcpAxpil i } ' VENDORxx )14,4'r 9590 S.W. Brentv000 Place ii,, * ADDRESS ,,,/ 14 irii., i f,, T.ga. d P� O r egari97223 fl, 1 Is CITY, STATE, ZIP cITy OF TIRD DATE 12-21-83, p.o. # WA 3HlNGCON COUNTY,OREGON , CHECK ONE: I have received the following. Please make payment. (Forward to Accounting.) REQUISITION Received: 12-17-81 DMI7 U. Date Initials I have ordered the following. Please issue OTHER INFORMATION: a confirming purchase order. (Forward to Administrative Secretary,) 0 I have researched the follow �,ng. Please l -issue a' Purchase Order. (Forwarc to — Administrative Secretary.) ,, i want to buy the -�ollawing. Please research. I + ; Return price inforiation to this office. . ,,forwardAdministrative y ) .�... ..,_.,.:. } Secretor I, to ` ACCOUNT # QUANTITY DESCRIPTION (Please explain thorn u;'lly) UNIT PRICE TOTAL PRICE 1 05-C nrJO-:745(BU T* °s Sip ct Planni g (.0xitsassicin Hearing , Item %.2 o t � ��� � O1 - C re 15-81 Mr Dl Y L .tI' CC ? ' ). .OBJ I , i - in{. Y�/%x�.. Yf.i.ra •. .. L#rYrY.MYwnl�..... :.. ..' .. .. 'jMt _+�riY.�+✓ r + y, 0MMwF.w'.r.."'�.110M W r_ i,r. -•--v .r*.ra.... ..,..,. .. .. .. TOTAL Al'O'tTltT DUE ",-11 46 U?UPARTI ENT tiEAD APPROVAL:' 4,...,-_,________.-_—_-______ rINANE . t� 1J S.d.tJ:Y d.,+µa:°w fa2P11 .... , ,.. .... ,....,... ,. .. ,. for SDO Acecurt', over $2,500, :dud all 700 accbuttts)I Y DXSTRIEt1TION: %lite Puri 'Coord,4 or ,Accourtting i lo'ir7"+-', Del:tav tu1en t Cop, rt' LiA�t.tl K fJml6tT 4 ,AasY'yfae- ' a.rh / ., + l f , {,*0,,,T Becoded. ,.,,,,•Notion . , ,rr rl,p irr I /'�' '4(''''''''''''' y �_ ° 4�,urtxn %Ccimp 11FAL r I�;� ?1.L'SALES CON .R11C�1r: • / 4/ a t /°a'J 7! ,t rl t. * a~ t/ Iii PAI27�9 j� t The part es to thic 4sr.)x'cetnent are'JAAFS "G. STARK, 1 ROBERT CRAIG STARK, GERALD KARL STARK, JOAN IIRD2RT STARK, each with an undivided 1/8 interest in the property hereinafter . described and RUTHJ.. STARK as to an undivided 1/2 interest ° ' therein, as Seller, and, ART LUTZ & CO. , an Oregon corporation licensed as an Oregon Real, estate Broker, as Buyer. II RECITALS Buyer has exercised its option to purchase the property described below pursuant to the terms of the Option Yo Purchase Real Estate Agreement dated effective February 1, 1977 (the "Option t Agreement") from Seller all on the terms and conditions set forth herein. AGREEMENT 1. Description of Property - The property, which is' the subject of this Agreement, is that property, together with all improvements, structures and appurtenances, known as Tar: Lot 100, Ash Valley Tracts Washington County, Oregon accordir,'t. .-6' 6' r the Washington County Tax Assessor's map NO. 1S133D, co11si8% ,A5 of 76.89 acres and more fully descr s hed on Annex A attached hereto. The above-described property is farm property, being • farmed as such by Seller, and shall be herein called the "Property's. The Pte,pt3rty is freo and C.lt°s:'ir t'tf -i11 enuntit}arc'ineos exc"cjtt• c;ol!„1y the following: (a) A first mort.yage loan payable to the Federal r LandBanki.1 a principal atitaitnt not exceeding $.5p,OOtI (the $ (b) Additional tti:kds, p :nnl:ti ,s and interest attributable attributable to the clasp ifioa cion of tha Property for farm uset (o) 'rhe lieu elf taxes not yet payable; x y : (d) Thestatutorypowers', ar���:uciaKrli� the of asses:Ment, oP the Unified SeWerage Atir nr;y or Waghi rtgtnn twntsnt y, . 1 4 ,i',22 J2/} C1 "' I.a1 �« }AtAiiwI •maRi1 �x ��yy5 �Wma.yI� fjj4� 'i ' "a anunicipa l cod az ties; \, . (e) Easement in favor of Portland General Electric ipan recorded January 19, inBook 364 at Page 698, Co t- Y 1955 Washington County Records; g temporary water connection (f) An agreement of .. recorded December 24, 1975 in Book 1060 at Page 469, Washington County Records. 2. Consideration - The purchase price, constituting the true and actual consideration for this purchase, is $537,625. 3. Title Report - Within thirty (30) days from the uate hereof, Seller, at Buyer's expense, shall deliver to ,Buyer a pre- l .urinary title repot from the Beaverton Branch of Pioneer National Title Insurance Company showing Seller's title to the Property to be good, marketable and insurable without encumbrances save and except the encumbrances described in ,paragraph 1 hereof and the standard printed exceptions, in Oregon pclicies of title insurance. Buyer shall then have ten (10) days after that time in which to examine the report to confirm that the title is good, marketable and / insurable. If Buyer fails to send written notice of objections to ` title during the ten (3 0) day period, then the status of title, as disclosed by the report, is deemed acceptable by Beyer except as ' to the standard printed exceptions, If the prQ.-Ir inary*title report fails to establish the title of Seller to the Property to be good, marketable and insurable, Buyer will notify Seller in writing 1 of the defects within the ten (10) day period and Seller shall have , a f :asonable time., but not more than 'thirty ( 0) days, its; Which to make the titleood, marketable and insurable, and Seller ler .al.iall Use due diligence in an effort to do so.; If, after using due diligence, Seller is unable to Make the title good, marketable and Ins cable within such reasonable time, it, shall bt at the option of the )"layer either to aeccpt the title in its existing condition with no further obligation on the part of Seller to correct any defect, or to cancel this Agree{nrrnt 1 If this .Agreement is thus cancelled, all nohey Paid by t3ttyer to Seller by reason of this. purchase shall be retutnrd to tett tnd fh'4 A � h � ,r r"� 1,. .� 1 tzCatilrsf't14 4=t11q'1 terminate tai thr ut further obligation of either Patty to the. other, -......,u... N,..., .., �,. rix .. 4 . 4. Seller's 'Cooperation - Seller agrch 4: to cooperate fully , with Buyer in securing the annexation, rezoning, studieFi, platting, approval, loan commitments and' other activities described in para- graph 8 of the Option Agreement. Selleragrees to join in with Buyer and to diligently prosecute, at Buyer's request and at Buyer's sole expense, any litigation to, he commenced for the 'purpose of accom- pl fishing any of the foregoing. This obligation of seller will continue until the Property is fully developed, it being contemplated by Buyer that development of the Property shall be undertaken in stages. Seller will execute and recordt„at Bayer's expense, any , plat or platsh whir,h Buyer desires to place on record, so long as the same ),meets With the approval of the proper, governmental agencies having jurisdiction over land use, which plats will provide for dedication of such streets, waterways, common areas, public areas, ' Parks,' easements and restrictions as ':iuyer shall deem appropriate. This provision is made at the request of Buyer and it is not the intention of Seller to engage ::n or have any part in the subdividing or platting or selling of the Property, or i.ny part thereof, as a . � ng dealer in real estate or otherwise. The' digging and the use of fill excavated on the Property during the contract term shall not c' nstitute Waste. ' 5• Payment of Purchase Price - Buyer has paid to t Seller S30,000 000 of the $537,625 purchase price, receipt of which • by Sellef is acknowledged, and Buyer shall pay the balance of $507,625, together with interest, i,o Seller as follows (a) Principal, of $32,540 is considered paid upon /1 May 1, '.977 by Buyer's assumption of the restos.ltbi lity ��‘ to.pay,the aeditic ry4i property taxes payable for the ton year. ,,I)(-1 period prior to May 1, 1977, and the intereqt payable thereon,, 1, of fect with respect Which the farm-use a.,s�sst,�w. t watt in during to the Pro ae�t: Buyer shall notou required to pay such I y y Bu,� •=elditional taxes and £Merest until the sante become due and payable, tb? The b alanou Of $-1175,005- ptrincipal shall 1UA 124 el « 118A8T TR SlLBS CONTRACT ' • z » .. ' . Y '• r, •t ` .Safi be paid ininstallments of $47,508.50 every six (6) month:, commencing six ( ) months following the approval of tile Real Estate Division of tho Department of Commerce of the State of Oregon (the "Real Estate Division") for the sale of lots in Buyer's first subdivision in the Property. Buyer shall give written not;:.e to ' Seller of the date of such approval within ten (10) days of Buyer's reeeapt thereof. 1' prepay y . other part of the (c) Buyer t�:u• an • principal or the whole thereof at any time, subject to paragraph 11 hereof. (d) Interest at nine percent (9%) per annum shall be payable On the unpaid Principei balance of the pul etlase price Maybe a• semi-annually on. f�o.�t, 1, 1� 7. The. interest shall paid ' or before November.'1st and Mal 1st of each year commencing November 1, 1977. • ° (e) The obligation of Buyer to make the semi-annual minimum principal payments: and the semi- annual interest payments shall be postponed if, on the due date therefor, there are no lots • in the Property approved for sale by the Real. Estate Division which ., have not been released to Buyer or of which Buyer is not entitled to .release, as provided for in paragraph 9 below or, if there are '` such lots 'approvers for sale, sale thereof or construction of houses thereon is prevented by any,; other applicable governmental agency Jk through no fault of Buyer. In the event of suchpostponement, the oblT�gation to make the semi-annual minimum principal payments will resume one hundred and eighty (180) days subsequent to receipt by Buyer of the approval of the Reel. Estate: Division and all othet applicable governmental agencies to sell, c,,e' e1op.ad lots andcont,r<uct residences thereon and will continue every sii.: (6) months thereafter so long as, there aro unreleased lots approved for sale atni for house construction by thc .kcal Estate'Da:' ision and all other applicable fL'ternmontal agencies. Postponed interest shall be added to principal at the interest payment due date and shall thereafter bear interest at nine percent (9t3), per annum. The obligation tc► make farther Page 4 1�1��1T�� 800',1164 PALE3?,8 1231 interest payments will resume oh the firat interest due date following ` receipt by Buyer of the aforesaid approvals and will continue on each interest due date thereafter so long as there are unreleased lots^ approved for sale by the Real Estate Division. Notwithstanding any of the 'foregoing,, the postponement of principal and interest payments shall not arise until Buyer has paid to Seller $150,006.00, of principal, interest, or any combination thereof on account of the purchase price for the Property. For this purpose, the assumption by Buyer of the Mortgage reduces t,„e aforesaid $150,000 by the unpaid principal amount of the Mortgage on May 1, 1977, together with any unpaid ac„rued interest thereon assulnec1 by Buyer. References in this Agreement to relief for Buyer from pays fent, personal liability or other obligation to Seller or account of inability to construct houses on the, Property because of govern- i , mental prohibitions or lack "If guvernmental approval applies only to general prohibitions and not disapprovals of specific housplans for a specific lot. For instance, relief applies if the Unified Sewage Agency refuses to issue hook-up permits for lots generally. ' in a subdivision of the 1"roperty. Further, such relief does not apply unless Buyer is making and continues to make diligent efforts ! said . tmal ppr uj required to secure .s� d z overnmen approvals. Bu er shall not be re , i to commence litiggation t o sot asidelawfully en.�,erel governmental , rulings or orders. 6. 4)lral Estate Coim4. s.aon - Stan WIleY Inc. , hereinafter Wiley, has ea -reed a real est_Le o:e $13,936.45 from 3eller., oh this transaction. Except as provided herein below, the'coMmi,s- Sion shall be paid directly to by Buyer and Buyer shall receive credit against its obligations hereunder for all such Payments mada (, to Wiley. The payment of the commission shall be as i.)llows;. from .6 thea.downplyment. of .53O,0u0, .buyer has paid Miley $6,968.23 th,' " : balance of $6#568.22 shall accrue interest at the rate of nine percent (9.0%) peg. a,n.;rum from, may;1t 19 7 percent per � � and the B1,1yer Slia;tl pay • t of and at the sante time the `• a.3�,t•r..rest to Wiley out '�! 1 such �.31t.��G''!�t< �:� a'.abi. l e�y !�+sc herr .urd'er; then the ,+�•emm ss4en b K�'�Y'm, i' 9C�e►1 1d �: V1+Yr Yw i. .J.�iJ•5,�i o„l'..A.h $ 4r K'u 4r,Y,. 'iia +i wi.Jf r.wr 4W,++ L...iew�n t wunpaidinterest sh ll be 1paid' t C Wiley by :t#uy�t�:r t�rilh all accrued Patio tY t.tl'tttt.a t:tY'1 `t`t'l ww1`tV9 C�ON�t'1/At.:,1� PA t326 from the first installment payment to be made by Buyer in accordance i.'-h paragraph 5(b) or this 'contract, In the event that the first installment payment of paragraph 5(b) is not made prior to May 2, 1982, then Seller. shDl1 btu responsible to pay the balance of any commission then owed to Wiley 7, Development of Proport>t in 5ta'es 4 Easements and Restrictxons - It is understood thatBuyer intends to develop the Property in stages. Seller agrees to join with Buyer in dedicating . such easements and rights-of-way as may be necessary to enable ., the Property to be adequately served by gas, electricity, water, -' sewers, telephone and other utilities. Seller further authorizes Buyer to place. of record appropriate building restrictions and other restrictive ,r;avenants to run with the title to allor any portion of the Property and Seller shall. join with Buyer in executing appropriate documents to accomplish that result- "' 8. Subordination - Seller agrees, upon request of to subo;:dirate its interest in those port4.ons of the Property designated by Buyer to mortgages or deeds of trust securing land development ,. and home con .• loans procured by, Buyer for carrying out the truct~�.on rsidential develo ment project contemplated by the Agreement. It , is unde^stood that any funds derived from nny such land development loans or construction loans shall be used only for the stated Purpose of `-land development or resydnt,i a1 construction on the Property. Seller also agrees that Buyer may utilize Portions of the loan proceeds to reduce ar retire the Mortgage. l:3-,.Ly4.r agrees, that the land devel- opment andresidential construe ion loans shall be kept current at ` all times. Seller agrees .t,J ex:cu to such documentation as nee- essary to effactuOto the p.ocqu emw t of the aforesaid development and construction mortgage or trust deed loans. In no o+gent, shall Seller be personally liable for payment of the loans. Sorler shall not be required to subordinate to residential construction loans unless Provision is made therein for payment to Seller of the . ' Patin 6 - n r, VSTA'VE S71 s rnN'I4At!'r .4 { , ' ri • s , $2,300 (as increased, if applicable below) lot release price de- . • `bed in paragraph 9 below within forty-fivey (45) daYs after t start of construction of the residence on the lot in which seller's interest is to be subordinated. If a lender requires, as a prerequisite under its general lending nl i cies to making a land development loan to Buyer for ' development of the Property or specified portions thereof, that Buyer 4zhall be the fee title owner thereof, Seller;. as part of the land development loan closing, agrees to convey title to Buyer thereto by warranty d',ed free andclear of all encumbrances provided • that the parcel to be so conveyed is all or part of a recorded sub- , division plat and Buyer shall grant and convey a purchase money first mortgage interest `.:herein, subordinated to the land develop- ment loan mortgage. Lo Seller to secure that portion cfthe balance I of the purchase price equal to $2,309 (as increased, if`app"icable below) for each lot included in the subject parcel, In that even:, instead of the warranty deeds to be submitted by Seller into `" escrow for release asmorefully described'.in paragraph.. 9 below, Seller shall depOsit partial releases of Seller's subordinated purchase_ntoney first mortgage as to each lot included in the subject parcel for release in the manner provided for ir. paragraph 9 below. . s 9 Escrow of Warran•y Deeds and Reid es. - At any time and from time to time when Buyer is not in default in the pay_ mrnt of interest or princip.F1' of the purchase price as herein r.:t-ated and w when Buyer is not in default in any other of its obligations under ,1 this 'agreement, Seller shall ovnvey any of, the subdivided lois to Buyer upon request or Buyer and payment to Seller of the lot , release ►1rioe of $2,300 per lot. The semi-annual minimum principal payment,s pursuant to paragraph 5(b) above shall; creditedbe 5 made �' bC.. 401: $ account for purpos.rs of the release or lots to 13uyez such that Buyer shall not be required red to pay $2,300 per Lot for rcl,ae `, of Bots if suficient credits of $2,300 par lot for the lot or lots to b reload remain from the making of the soni-ani'. .kl minimum prine pal payments, • gain wt Pave 7 - :ABAt ESTA'1`.. 8Ahps. CONP1&hc ` M Buyer shall be l,equit ed to procure the release of any lot within forty-five (45) days after the start of construction of a residence on such lot and shall pay Seller $2,300 therefor if Buyer shall not have sufficient credits for release of lot purposes through the payments described in paragraph 5(b) above. All $2,300 Payments made by Buyer shall be cre- dited lot release upon the installments of semi-annual minimum principal ''pay- mtn::i next due as described in paragraph 5(b) above. The $2,300 lot rc ;aase price shall, be increased if Buyer exercises its rights to postpone the payment,_of interest and to add to principal as described in paragraph 5(e) above, The amount of increase shall k'e equal to the tot31 amount of interest so ' postponed divided by the number, of lots approved for sale and for house construction bythe Real Estate Division and other applicable �� + 0 governmental agencies at the time the moratorium is nu longer applict..'� 4 to Buyer. References herein to the $2,300 lot release price shall mean such price, as increased by this provision- when the context reasonably requires.., Tn addition to the release of platted lots, Sellcr agrees to convey to Buyer upon request of Buyer unplatted parcels of the Property upon payment of $9,000 per acre provided that the unplatt'd acreage to be released adjoins either a platted portion of the Property or a previously releasedunpiatted portion of the Property, All such payments shall be credited upon thenext installments of t semi-annual minimum principal payments described in paragraph w;(h) above. credits for the rcl ens o of per Lions of tho Property y generated by .buyer through paynnL: ts under paragraph 5(h) above may be applied against the release pr"ie ;provided hereunder for unplattud parcels of the Property. AL any time after recording a subdivision plat, tiuycr may , • require Seller to deliver warranty (leads, with respect to oath ' lot in the platt+ cl subdivision, conveying the lot to buyer, to ,a rcompany _. xy siness` In the' ,- licensed C:C}2t1.r��1 ��kt}1i',�3,:L`Ltd, to Gc"1�,1, on an escrow �Jlt State or Ot10,30n Seller agrees to execute appropriate InuLructions Page S114I ttCt ' 1i 11.'"l' bijot lir.14 Ata 32 1.23;: L. prepared ':ay Buyer which substantially provide for: (a) Payment in gash, certified funds or the equivalent, ofp rincipal end interest u on the purchase price through the escrow, including lot and parcel release prices; and (b) delivery of the subdivisio,-i lot deeds to Buyer upon payment of the relrse price theret~ r, all as Provided for under this paragraph 9,. Buyer shall bvs:resraon;.ible for the - preparation of a1;1_ deeds anc, releases dericribed herein and ";,;:r • paymvat of all escrow and recording fees, and shall indemnify and ,- hold Sellar- harmless from said fees. A�.1. conveyances to Buyer of any lot or parcel of the Property shall he by warranty deed in proper .dorm or recording, duly executed and acknowledged, conveying same in fee simple unto the' f Buyer, its successors and assigns' free and clear ,:7f all encumbrances 1 ' as of the date hereof exceting the encumbrances described in para- , - graph .graph 1 hereof and free and clear of all encumbrances since that date, pl_avcd, permitted or arising bye,, throu9'h or under Seller, except as °permitted by Buyer. 10. PoSsession - Buy'.Cr shall be entitled to possession of the Property on May 1, 19771 provided, however, that in the - ca.lenaar year 1977, Seller shall have the right of access to the ' property to complete tilt'', growing cycle for any crops then growing b on the Property and to harvest them at thry normal harvest tir u for such crops during 1577. seller agrees to use Seller 's best efforts to avoid interference e with Buyer during ,Seller's farming acti vIAt.1,o7'♦ , 1,1. epayrment axid Re trietion - During any calendar. y ar, Buyer shall make no principal payment} wnich, in the aggregate with all ether principal payments made in such Calendar year, will exceed --- $2611,812 regardless of whether '4!, 2, ��,��.._1, ;payment w�.�. a; prepayment o. not. In no event shall liuy'r p,*,xy mold than ;oi55,00O on .:account of the -. pur chasoptiee dur»xng 1+77: buYei fuy ma)4e tie+ aymcnts e:i" priAcip»1 durifl a calondar , t ,, « .t y�.,,�.� a.r� excess of the foreg.o�.��i�j �,ost�`�.etred..-:-,'101 , If buyer pays to, Senor the amount of any increasr in the rodoral 4. 1 Piiti t1' 9 - Iki,411,t, BBti'wrx SMS tot1,14,itActf L,I0 11 4 pelfk ' t w O . 1, n [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] and stt:tte income taxes Seller must pay by reason of thy, prepayment such as cotaxesSeller would have been required to pay .compared with . had the prepayment been postponed to the calendar year following the prepayment. Any partial prepayment, as well 'as, the $2,300. , .` lot =:td $9,000 per acre release payments, shall be applied against t.';ae installments of semi-annual minimum Principal payments next due as described in paragraph 5(b) hereof. • ' 12. .Assumption of Mor:gge - Buyer hereby personal;!y r assumes the Mortgage. buyer's obligation to pay the bal�nce ot: the , /k -" purchase price described in paragraph 5 hereof is reduced, by the amount of principal and accrued interest of the Mortgage as of May 1, 1977. That amount is also credited against the semi-annual ' 4 principal payments Y minimumra.nci al �t monts next due as described in paragraph 5(b) hereof but only to the extent at that time of actual principal reduction or elimination of the Mortgage. Buyer agrees to keep the Mortgage current by making all the payments requir'td thereunder and performing the covenants required therein. It is understood` Buyer may refinance the Mortgage at any time including i:ncorpor- ating the indebtedness into land,development loans. 13. Taxes - All property taxes levied against the Property shall be prorated between Seller and Buyer as of k'ebruaky, 1, 1977. o , Buyer shall be responsible for the payment of, and ,.;hall indemnify , 1 and hold Seller harmless thet:eftom, any additional taxes, penaltic5 or interest resulting from any disqualification of the property I a' ,t,.. from classification for farm use assessment as more fully dei' ribe J in 'CORS 308.370 et 50q.4 buyer receiving' credit against the re m':,; o price for portions thereof as prot.ridud in paragraph. 5(a) hereof. buyer agrees to pay when due all taxes and assessment which are thereafter levieda'i list the Property uiid to keep the Property free from all public, mmuilcipal. 4nd 'sta ,tory liens which may be thereafter lawfully imposed upon the iiroperty. If Buyer oh:locus ', in good faith to t a validity or amount of any such tax or asses-s- ite-tits y , t ,its 'solo expense, nuny orntent the validity , r , men �u e. ., , Pale 10 ., ni3Ati B5 .'h' Et ,s/‘,1',41,18, COt1.111thIC 1"' rl'ilA 1 / " Ici" . "i , N ' i ' ..s. , , ► y I amount of the tax or assessmentg -,and, seller agrees to join 1,,r :th ,Buyer inpursuingsuch tax protest but all such proceedi'igs shall be at tho expense of Buyer, 14. Eminent Domain - Tuyer assumes all risks of the taking of any part of the Property by any entity authorized to condemn: property by law, and agrees that any such taking shall not constitute a failare, of consideration, and, in the event of a monetaryaward arising from such taking by condemnation or eminent domain ptoceeding, or any agreement made pursuant thereto, it is agreed that of .all`mone s received Buyer shall pay Seller the proceeds thereof, after payment of all Buyer's expenses, lawyers' fees and court costs, up to the amount of the balance of the purchase price. Such payment, if less than the balance of the purchase price, shall be applied to the installments of semi-annual rtrinimum principal payments next due fr'oni Buyer to Seller under paragrt.rph 5(b) hereof. Buyer, at : its expense, shall be responsible for defending all condemnation proceedings and may sell to the condemning authority in lieu of proceedings or court decree but subject to the approy b l of Seller, A r which Seller agrees not to unreasonably withhold. r 15. Waste -- Buyer' shall,not commit or suffer any waste of the Property and Buyer shall maintain the property in t,00d con- «� , dition during the development Project. buy authorized is authorized to ' remove the barn and hangars on the Property, without being deemed i guilty of waste, if Seller refuses to remove such structures as g � ,l+ uc� provided in ;paragraph 24 hereoe 16. Indemnification - Buys .shall indemnify and defend Seilex, from any claim, loss or liability arising cut of or related to a.ny acti'rity of ;I uyer oh the Property or any condition, of the j Property, unless print,rily caused by ;ho wrongful or negl atter t act of` Soile 17. ,muyer's bef �1t Time is of the essence of this Agreement. Buyer's default shall occur if: (a) foyer fails to make any payment within 15 days after written notice b Sell'or of noir-payment too notice by y t Seller shall be required for xioi1"P ymerit if, during the ;same A 44 Lt A 0011, Ptigo 11 Y v � � !�1 V 'ly I wY' • . n .4 .r, ..,w s. :.w,1 u'.,u 44,44 4 4.44»+m...+r.w.....uu,.:...• ,.A...r n.. s.4 xi...a=F ..r: u+u.,.n,444 _ ....,.: .. ._ _ r -.... 12316 eighteen month period, Seller hPs sent a notice to Buyer concerning nQn»-pavmetit hereunder and, in such event, Buyer shall be in default: if the payment has not been made within • 10, clays of the duo date therefor. (b) Buyer fails to perform any other obligation imposed by this Agreement and does not correct or commence correction of such failure within• 30 days after receipt of written notice • from Seller specifying the manner in which Buyer is in default k and Buyer does not diligently pursue correction of the failure to the complete removal thereof. (c) Buyer becomes insolvent, or if a receiver is appointed pp - to take possession of all or a substantial par` of Buyer's property, or it Buyer makes an assignment for the benefit el creditors or files a voluntary petition in IIIbankruptcy, or if Buyer is the subject of an involuntary Petition in bankruptcy which is not dismissed within hin 9 0 days. 18. Seller's Remedies -, In the event of Buyer's default, in addition to any other rights in law or in equity, ,Seller shall have the right to declare the entire balance of the purchase price and interestimmediately due,and payable and to foreclose this contract 1 by suit _in equity, including strict foreclosure in the Court's discretion, Seller's remedy in foreclosure shall be only against portions of the Property for which. Buyer has not received a release:. '4 In the event the Court decrees foreclosure and sale of the '.of erLy . and the proceeds from fro rc sale of the Property on foreolnsy•,°e are in- sufficient to satisfy Buyer's indebtedness established in such pro- t;.aedings 3uyor, and any Permitted tted Alssignee of 8uy pr's interest n ' this Agreement, shall he personally l.i-ablc for any s»Ich deficiency and seller may have judgment therefor', Seller shall be entitled to appointment of a receiver during a foreclosure suit Upon proper application to the Court having jurisdiction therein. If construction of residences on lots on' the Property it is 'prohibited Pae 12 - ; AL tSTAT ' SAttS CONtR1rC'' ►: r A llb M b133 l Ir.. , I. 12316 permanently or for the foreseeable future, by war or by acts of any I governmental agency having jurisdictic- in the matter and not occasioned by the fault of Buyer, and Buyer notifies Seller that Buyer will be unable to continue, then Seller's rights hereunder shall be limited to declare the contract null and void and recover possession as of the date of notification and to retain as liquidated damages all amounts theretofore g paid by buyer. If, upon declaration of forfeiture, Buyer refuses to relinquish possession of the Property to Seller, Seller shall beentitled to the remedy of strict fore- closure and its costs and attorney's fees as hereinprovided. Y 19. Warranties Seller warrants to Buyer that Seller is the sole owner of the Property, subject to the encumbrances described in paragraph 1 hereof and that Seller has received no notice from any governmental agency that the subdivision development project 4,ontem ,fated hereunder '" p cannot be undertaken or completed. ."n Buyer certifies that this contract of purchase is accepted and executed on the basis of its own examination and personal knowledge of the Property and opinion of the value thereof; the .Buyer acknow- ledges that no warranties, express or irmtpiied, exceptas stated herein, or representations as to the proper zone or use to which the Property may be, put, oras to the condition or repair of the Property have been made by Seller or by any agent of Seller; that no agree merit or promise to alter, repair, or remove the Property has been made by Seller or by any agent of Seller unless in writing and •1 inscribed in this contract; and. this 1'rjr,eenmenL constitutes a full and complete integrataoi of all prior or contemporaneous agreements in respect to said Propertyt Propertyand that Buyer takethe Property and the improvements thereon in the condition existing at the time of this Agreement. 20, Assignment i- Other than by obLaininq r loaues as men- tioned in paragraph 5, and subordination for purposes stated in Para- graph 8, Buyer may not assign or sell all or any ;pare of its interest under this, nc1reement o or in and to the Property 'without. Sel .e.r°s prior written, at k ovni r ,which is not to ho ron on 1 1 y Wi ftt.hr*l.r t Eiuu. 1164 EAi.3 4 Vale 1.3 Ritz i kSTATI1 8ALRS CONTRACT i t A A li • may not withhold such approval of a sale or assignment to an assignee tt of Buyer whose financial condition is equivalent to, or greater than that of Art Lutz & Co. , and, at such time, Buyer agrees to submit to Seller accurate financial statements of Buyer and the proposed is Assignee as of a date recent thereto. Buyer may also assign all or any part of its interest under this Agreement,, or in and to the Property, or portions thereof, to a corporation affiliated by owner- , ship with Art Lutz & Co. or Arthur A. Lutz, or to a joint venturer , or partner or partnership in which Art Lutz & Co. or such affiliated company retains ah equal voice in management control and at least a ' twenty-five percent (25%) interest in the equity of the project. No such assignment shall release Buyer from the obligations of Buyer under this Agreement. Subject to the foregoing, this Agreement . shall inure to and be binding upon the heirs, administrators, executors, personalrepresentatives, successors •• - and assigns of the parties. 21. Non-Waiver - Each party '(first party) agrees that failure by the'other party (second party) at any time to require performance by the first party of any provision hereof shall in no ' right hereunder to enforce the same, .. g way affect the second party's nor shall any waiver by either party of any breach of any provision hereof be held to be a waiver of any succeeding breach of any st,ch provision, or as a waiver of the Provision, itself. 22. Attorney's eos - In case suit or action is in.:titutod to enforce any of the proviz.''ons hereof, to foreclose this Acjreemunt ox` for damages as the result of a b.:oach hereof, the* losi.nw, party ),,,44,4 shall ptyy, to the prevailing party the prevailing party's costs and reasonable attorney's fees incur;,x*Id in such p Woceedings, including such cost: and fees in anya u) ate proceedings. Ip;, p �� gs. 23. t\oti'Jes - Any notice or delivery required or permitted Ib4' i Iunder this Agreement si all be deemed suf'fieientli' given or served a if delivere,l'personally or sent by certified or registered, maiit, FVY 0 <• rage ,14 8AL1 Ct N 't.1ACW AA VA + q lea . .tl `a LE J W I � ., To Seller: ►."o +3Uye 1 •31.6 Robert C. Stark Art Lutz & co. Route 4, Box 347 8925 S. W. Beaverton-Hillsdale Highway Sherwood, Oregon 97140, Portland, Oregon 97225, Any party may change the place where notices are to be mailed by giving written notice to the other party as in this paragraph provided. 24Removal of Structures Seller shall be entitled to r,',tain possession of the buildings on the Property until Buyer gives Seller ninety '(90) days prior notice to vacate the buildings in T'I which event Seller shall so vacate the buildings, Further, Seller shall r rmovc the buildings from the premises upon ninety (90) days prior notice from.Buye . to do so and Seller shall be entitled to any salvage from the buildings removed by Sellar 25. Access to Dedicated Public 'Road - Buyer agrees that its subdivision activities contemplated hereunder will be carried out in such, a manner that no unreleased portion 05 the, Property, regardless of whether such portion of the Property .s a part of a ou subdivis ,� or not, will. be left surrounded by released subdivision y i7 on r lots but without tt access to a dedicated public read ( ,<egardless or whether such roan is constructed or not) ,, 26i. Adjoining 'lanes Stark Property Except.e6 from Parcel Iv in they description of the Property attached at Annex A is a two a`re parcel owned by James G. Stark and Sheryl'S4 Stark located at. the N.E. corner of the Property and upon wihich is , located a residence, and at least one machine shed and a hanyzr. Seller agrees toremove the machine shed';and hangar within ninety (90) days of Buyer's request therryfor when tuyer commences physical development of that portion of the Property in thu vicinity of the names Stark property,- In no event, will Buyer make such request prior to September, 1978. In no event shall layer sever the,waters drain fields, strom drains or Other utilities serv�Cin the James g, Stark Property front'the James St tr1' � pr=operty without roplac rtj such utilities` With other water, sewage disposal, stortn senor or ether utility services and Without appreciable>intetruptic:n of such;service, It is Page 15- AtTi 8TAT:g811t� 5 trC)NTA11�'1. 13011 f'A -43.16 possible that Buyer may acquire a portion of the James Stark property,; and such acquisition .shall not relieve Buyer from its responsibilities hereunder so long as the property on which the , residence is situated is no acquired by Buyer and remains resi• -' dentia? property. The obligal;ion of Buyer hereunder is to bring the replacement utilities to the house, on the James Stark property and to connect such u ilities to existing utilities, if 'anY,` on such house, at Buyer's expense. 27. AccrIss -- The conveyance of Parcel IV includes the 'j'.._.. conveyance of a ='oadway easement over the East 20 feet of the property North of the aforesaid James Stark property which roadway • easement intersects Scholls Ferry Road. Such roadway easement connects to a roadway easement on the East 23 feet of the James Stark property which, in turn, Provides access' to the Property so that the Property is serviced by the aforesaid roadway easements` to Scholls Ferry Road. The parties acknowledge that such roadway easement are insufficient to provide adequate access to the Property for land development purposes. Seller agrees that it will procure for Buyer the right to use five additional feet on the Easterly line of the James Stark property, if requested by Buyer, so long as Buyer and Seller replace the five feet so taken with five feet from the Property on' the Westerly line of the dames Stark property, provided, however, that theowner of the James Stark property;,shall not be required to conve property upon which structures are situated. buyer agrees: to maintain the roadway easements of whichever site during the period of i3uyz is ' use Lf to same provide;ingress and egress during the dcvaloPment period'. The standard of mainteiia,ncc sh;kll be that the roadway shall bemaintained in a cenda.ition at least comparable to its prose+,it condition on Febrt.ar;xr 1, 1977. ltiyer shall be deemed to haVe;, complied with its obligation, ci maintenance if Buyer pavesthe ppaving during the Period of use, tavC..► read anc'i maintains the y In no event shall buyer's use of the eaSemcstt area preclude the reasonable use thereof by the owners of the t7arries Stark property Page 16 - VtyykyyCoy�q'm'iq1 r BOLIK1164 4') f�o "l Or- fir+" ��``►f_/" l a; d the property North of the James Stark property. Assumption of the obligation of maintenance by the city of Tigard shall relieki: Buyer from any obligation of maintenance of the roadway 44 easett,ctt area. Buyer agrees that if Buyer develops the roadway I. easement area into a public street, the owners of the JEmt,rs Stark property shall not be ,reguired to pay for any street construction assessments asa result of the installation of the public street and 13ttyer shall indemnify and hold the owners of the James Stark property harmless therefrom. The parties execute this contract 4„n, duplicate. 1114DATED Febi:Uar y , ,1977. i A LUTZ & CO. , B "4 CL a°Lr ° By: `` Vide P -esider►t k;XNES C. STARK ROBERT CRAIG STARK '. "..t�FALD K RL 'STARK x JOHN HERBERT STARK RUTH L . STARTS STM E OF O r1lcOL . ,, County of� .;,�;� ) SS. Personally appeared before me on tie of 1977, Daniel i. Segel, who affirmed that he is Vice-1114eu`:i.slent of Art Lutz & Co. , an'; Orejort corporation, and, that said instrument was tined on behalf of said corporation by .t . �r; and he acknowledged as id authority of its 13aa�d of Dx, .�tti�z.�N instrument to be the voluntary act ando LLdeed corporation. tali; ofthe#,n G 'W. Notary t*�tt7l..xt:'i�t�r ox.erocy My i;Contnd s on t k;pirus j'((te 17 SALE(4 `0t4*,1'I1,ACTI'' 11300/1164 3 3 { '1. a, r sal..'rt3 ole oz2EGo)r,. ,) , 123. . 1 County of !✓,.��, fi ,., > t 1 Perr-,ollally�appeared before me on this / . 'day of „`� :�' �..4 e 197.7, the above named James G. Stark and ` ':-e foregoinginstrument to be his Voluntary act ackr�ow,l r.elgc't� �.h ?,ns trrtmt anU dewed,tt w; i i I ) 'sus"k e °Notary Pub' id 'or tt�C:.gon My Commission Expires: /. ....! " ;7 ST Th OF 012E " 1 y County ofSA -/ > SS. this Personally tare d before me, on a. /� agip., irty,clay of • ,,,i r wu .� , 19/7, the' above named `Robert Craig Stark and n.w e e the fore �oin instrument to be his voluntaryact' ac3e o 1 � 9 g ' y .�i) "� >' and deed.. ,t.,,Notary Public fo .)0regona • My Commission ,it':)? STATE 0 ss., ' County o , Personally appeared before;me this/ day of ,.. a' ''-'.�----- , 7 7, the above named Gerald Karl Start, and :L 9 acknowled e the foregoing instrument to be his voluntary act and deed. -- , :.. tilotaiy ill. liic - r''`� T n r ' My' CornrttiSSion 1.:ipiir s: ,A4 • n syn s8. ' , STAOTE ,'"__ a9u"u--- "' County ($..,/,,,,;,-..4'1,..-----,----.-.,)„ . Personally appeared before me this r µ` day of foregoingc hn lierbaert Stark and y. ,. ,� �,� �� 1977, the above nattted � be his voluntary act' �` aoknowied g ,» t2ie instrti ment to ,be deed.rldcd. }t IJtti��C.ak';�+' �ubl.�c orr ° , ).e.a' My Commir4sitin ,x p: rosL r sThTh 0p ofECON., County of,, .'' ,---,) SS- I rnrsorially aliplearod before,rite tha.s. ,� ..'� day of . , r 197"/, the above Fulton Ituth J Stark and adkr owlk,ttajntl° the foto50111g inst .urttent to b. her ,vcsitinttki, adt anti cle td. I 'Ntotary Public tfor oroqtiI` Myw�. • to CoFtt 1 n �`Xe,� 4 • 12316 ANNEX A Page 1 of Two Pages PARCEL I: Lots 9, 10, 11 and 1.4, ASH VALLEY TRACTS, in the County of • ,Washington and State of Oregon. PARCEL 11; Lot 12, ASH VALLEY TRACTS, Washington County, Oregon, EXCEPTING that part thereof deeded to Shirley Dow by that certain instrument recorded April 5, 1945 at Book 242, page 177, Deed Records of Washington County, Oregon, more particularly described as follows: A certain ono acre tract out of the Northwest corner of Lot 12 of _ ASH VALLEY TRACT, which one acre tract is°more particularly I described as follows, to-wit: I t Beginning at a point 20.0 feet West of az';, iron pipe and on the centerline of a 40.0 foot roadway, said point bearing South 89° 48' 34-4, 3; thence a, West ofand l320.y0 feetSection� from corners 33, North 0° 06' West 1210.0 feet alc centerline of the road to an angle print and 'tru.r' point of beginning; thence North 89° 48' East 20..0 feet to an iron pipe; thence continuing North 89°' 48'' East 376.0 feet to an iron pipe; thence North 0° 06' West 110.0 feet to an iron pipe on the North line of Lot 12; thence South 89° 48' t West 376.0 feet to an iron Pipe at the Northwest corner of Lot 12 thence continuing South 89° 48' West 20.0 feet to a point on the centerline of the roadway; thenceSouth0° t to 05 Last 13.0�0 fee , the true point of beginning; PARCEL .Is Lot 13, ASH VALLEY TRACTS, Washington County, Oregon,-EXCEPTING THAT part thereof Conveyed to Shirley Dow, by that certain instrument ' recorded December 8, 1948 at, Book 291, page 349, Deed IHecords of Washington County, Oregon, more particularly described as follows; • t�i,�s 1 The following described real property in Section 33, Township 1 • South,' Range 1 West of the Willamette- Meridian, Washington County, Oregon, and out of the Southwest corner of Lot 13, ASH VAr LL:'l" TRACTS. Beginning at an iron pipe at the Southwest corner of Lot 13 of said ASH '\TALLEY TRACTS Ian,i1 going thence along the Southerly line of Lot 13, 376 feet, more or less, to an i xu,t p.i' e , thence parallel to the Wcsierl r' lisle of Lot, North 0° 06' West 110 feet, more or less, to an iron pipet thence South 89° 48 West ' 376 feet, more or less, to an iron, pipe on the Easterly line ot a 40 foot width r atway; thence continuing South 39° 48' Wont 20 feet, More or lis, to a point on centerline; thence en. tonterline South 0° 06' East 110 'tool, mote or loss, to a point; thence North 89° 48' East 20 feet, more or less, to the point of beginning, Pk $4 i n ' , t ANNEX A ' Page 2 of Two Pages r,t,' : * 43,'.1 PARCEL I, 1')47'..'43'.1f.; ,..w All the East half of the Northeast quarter of Southeast quarter of f ``'• Section 33, Township 1 South, Range 1 West of Willamette Meridian 1 Washington County, Oregon, together with a 20 foot right of way on i . the Section line to the quarter post from Scholls Perry Road to " -..,, the above described property; EXCEPTING THEREFROM a tract of land in the Northeast quarter of the Southeast quarter of Section, 33, • Township 1 South,' Range 1 West of the Willamette`t4el idian, Washington County, Oregon' said tract being more particularly described as follows: Beginning at the quarter corner on the East lin.- of Section113, which is marked with a 1 1/2" .glavanized iron pipd and running thence South 0° 06' East 288.86 feet along the section line to a 5/8 inch iron rod; thence South 89° 45' 02" West'301.60 feet to a 5/d Inch>iron rc\d; thence North 00 06' West 288..86 feet to a 5/8 inch` iron rod on the North line of the Southeast quarter of Section 33; tlhenCe. North 89° 45' 02" East 301.60 feet to the point of beginning. 'OGE'1'iE2 W1TII , A roadway easement over the East 25 feet of the above--describer"i .eabove.Parcel excepted from Parcel IV �.botiM e • .zi, ,,,t , S'A?r*OF OfttOON i tyu i,(' county tit WastiinstOOn tM Ftdtiar Illotnxtgn*'tSiri,rtur tat .tst. a., enc t~tattKiiat and Es.-efff el 1t1YgLIt'jtby riI ti,�W attiatate± Int said county, tiia wsttitn tnxtrt.m of wrttinti aaax eaax n as,. and tait+otdud int k of ;tacoruat of #aid C°tarit1 )it,/ riNtti,os, any )land and Ydat, aitttytgd. arab . 'Ti4OMSStiN #tritotnr Ot Ftecotdx g+. 't±iactiotax r tr , , . ,,,,,, ,f3 puty ' li 5 3 iii'llisli B0tih; . t 4. rit p,„,,,.-, 4,,.....t,CF *y,,to.,""+ +1e' lA,,,,�a ,10,r.. ,irr. »;Ma w.;,,: .;,i0t4t*4..., -+S«r 4 ,.....-;a,*,ri.,,r,44+4,,. I,.,,,,,', t''A.k4,4at t, , A Avoid s ` CITY Or TIGAr q " C ;,. From° __. m ' , ' , .... ,.., ,,,#) .44 - Sub3e 4. 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