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DIR1992-SUMMIT AT BULL MOUNTAIN . . ��Q � �L��•�'�'"� c%�,' C_'vj�t�lc�Z C�r;l � ._1 �_ June 24, 1992 CITY OF TIGARD OREGON Mr. Mark Rockwell Benchmark Land Company RE: Director's Interpretation of Timelines for Summit at Bull Mountain Subdivision/Planned Development Dear Mark: You have asked for an interpretation of the City of Tigard's imposed deadlines related to development of the various phases of the Summit at Bull Mountain subdivision. The Planning Commission and City Council have reviewed various aspects of this proposed development at several different times resulting in a number of different deadlines. I agree with you that it is very important that we straighten out the timeframes applicable to this development in order to avoid future confusion. Phase I, the Bull Mountain Summit View Estates subdivision, was approved by the Planning Commission on March 7, 1990 with an eighteen month approval period for submittal of a final subdivision plat. The final plat for Phase I was submitted in November, 1990, within the eighteen month approval period. As you know, signing of the final plat by the City has been delayed by the developer's inability to construct improvements to SW 135th Avenue and to post a maintenance bond for the public improvements. Since the majority of the work is complete and the final plat was submitted in a timely manner, there is no pending approval expiration for Phase I. Phase IIA, which was referred to as the Summit at Bull Mountain subdivision, was approved by the Planning Commission on May 8, 1990. The Commission's decision was upheld by the City Council on appeal on June 18th, 1990. An eighteen month approval period for submittal of a final subdivision plat began with the Council's decision on the appeal,. That approval period was to run until December 18, 1992 . On September 25, 1991, the Planning Commission approved a preliminary plat for Phase IIB of the Summit at Bull Mountain subdivision. On that date, the Commission also approved a rephasing schedule for all of Phases IIA and IIB. The Commission's approval of the rephasing plan for all of Phase II effectively reset the clock for all of Phase II with an eighteen month approval period expiring on March 25, 1993 . Therefore, the final plat for at least one phase of Phase II must be submitted for final approval 13125 SW Hall Blvd�P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 DI R lq°l�- and the necessary City signatures by that date. One one-year extension of that approval period may be requested. The Commission's September 25, 1991 final order repeated the . Community Development Code's directive that "the maximum time for completion of all phases of the approved planned development is seven years . " Since the only portions of the proposed development that were reviewed by the Commission as a single package or planned development were Phases IIA and IIB (i.e. , Summit at Bull Mountain) , we interpret this condition to only apply to those phases and not Phase I . The City of Tigard Engineering Department approved construction plans for Phase IIA on February 21, 1991. Some construction has already begun on Phase IIA, although this activity has now ceased due to the difficulties that the developer has run into. Because construction activity for Phase II is deemed to have begun with approval of those construction plans, construction plans must be approved and all fees must be paid for the remainder of Phase II no later than February 28, 1998. I hope that this clarifies any confusion that may exist regarding this development. Please contact Jerry Offer or Dick Bewersdorff of the Planning Division if you have further questions . S' rel , Murp y Communi y Development Director c: Kurt VanVolkenburgh, Seyiu International Chris Davies, Engineering Department Herman Porter NPO #3 Files Jun. 23 '92 E:4E 6239 2K P ROCKWELL TEL 503-63� '?2 P. li 1 ._. ..._ ..._.._._--.... .._ �I BENCHMARK LAND COMPANY TELECOPY June 23, 1992 To: Jerry Offer- City of Tifla�d From: Mark Rockwell - Benchmark Land Company Ret: Letter reQardin4 Summit at Bull Mountain timelines Jerry: Thanks for the "draft" copy of the letter. It looks fine to me. Thought perhaps the letter �hpldd b8 Acldrqssed to Kurt At Seiyu International in response to questions that I had asked. Either way it wfll work. I'il be i� and out ot the oftice today, so { thouqht it mipht be Quickest to j��st send you this fax. Keep cooi� Mark Jun. � '92 16:39 62�9 M�—'' P ROCKWELL TEL 5��-6'�-�122 P. 1/ 1 BEIYCIYMAR/( CAND COMPANY . TELECOPY 7une 3, 1992 Mr. Jeny Offer Community Development CITY OF TIGARD P.O. Box 23397 Tigard, Oregon Ref; Summit at Bull Mountain Dear Jerry: This is in follow-up to thc meeting I haci with you and Dick Bewersdorff at your office ta discuss Benchmark Land Company's interest in the Summit at Bull Mountain. At that time, we discussed the duration of the existing approvals and when they would expire, and/or need to be exteaded. As an examp)e, one of the summary paragraphs on page 13 of the September 25, 1991 repart sEates, " The maximum tifne for completion of all phases of the approved planned development is seven years." Question. From wliat date did the "seven year" timeperiod begin? The September 25, 1991 date7 Question. What does "campletion of all phases" mean? Perhaps the plans for the final phase have to be sub�niiled and approved within seven years? We really need specific guidance regarding the existing approvals for the Summit at Bull Mountain. It wouid be very helpfui, if the City Attorn�y would review these approvals and establish specific dates when extensi�ns are required, and/or approvals expire. This will avoid future confusion, and possibly our inCerpreting the timcframes in a manncr that could eventually put the balance of the project in jeopardy. Sincerely, /� Mark Rc�ckwell Partner �a ,� wQ1�°,�. _ +� �e�, ' � s�� P� � r Z ►+�+o� a�X�•cv� �p �" D,,,,dQ�(J� ��uc�, �. 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