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Planning Commission Packet - 09/04/1984 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. TIGARD PLANNING COMMISSION SEPTEMBER 4, 1984 - 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL - CONFERENCE ROOM 10865 SW WALNUT ST. TIGARD, OREGON 97223 1. Call to Order 2. Roll Call 3. Approve Minutes from August 7, and August 22, 1984, Planning Commission Meeting. 4. Planning Commission Communication 5. PUBLIC HEARINGS 5.1 REVIEW APPLICATION FOR APPOINTMENT TO NEIGBORHOOD PLANNING ORGANIZATIONS. 5.2 SUBDIVISION S 6-84 W. L. & BERTINA SAWYER NPO # 5 5.3 APPEAL OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO # 5 5.4 PLANNED DEVELOPMENT PD 3-84 TUALATIN DEVELOPMENT COMPANY NPO # 6 5.5 ZONE CHANGE AMENDMENT ZCA 12-84, PLANNED DEVELOPMENT PD 4-84, SUBDIVISION S 9-84, VARIANCE 15-84; Farr Development Co./Mallard Lake NPO #6 5.6 ZONE ORDINANCE AMENDMENT ZOA 6-84 Community Development Code: 18.32.120 Notice of the Decision by the Director 18.108.060 Inadequate or Hazardous Access 18.136.020 Administration and Approval Process (This Item will be postpone to October 2, 1984.) 5.7 COMPREHENSIVE PLAN AMENDMENT CPA 19-84 Upshaw House/Seven Gables. NPO #6 (This item will be postpone to October 2, 1984.) 6. OTHER BUSINESS o Should there be a second meeting in October? 7. ADJOURNMENT 0288P . • PLANNING GOA4IISSION DATE 671/(//.4 V ----1-1-71#14-1— Don Moen (.4 ?r'4L/ Bonnie Owens ilti Milt Fyre John Butler _L1(e/ i Dean Leverett Lt...." 1 Dave Petersen rift) i i Chris Yanclerwaod i a Floyd Bergmann i ' fia4tt pl i a . i R I i t l I i TIGARD PLANNING COMMISSION WORKSHOP/SPECIAL MEETING August 22, 1984 1. President Moen called the meeting to order at 8:55 P.M.. The meeting was held at Floyd Bergmann's - 11600 SW 90th Ave. 2. ROLL CALL: PRESENT: President Moen, Commissioners .Owens, Butler, Fyre, Vanderwood, Bergmann, Leverett, Campbell, and Peterson. STAFF: Director of Planning and Development William A. Monahan; Associate Planners Keith Liden and Elizabeth Newton; and Secretary Diane M. Jelderks 3. REVIEW FINAL ORDER FOR TIGARD WEST DEVELOPMENT, JB BISHOP, GI JOES, AND ALICE TREFINGER, FILE NUMBER CPA 11-84 AND ZC 8-84. o Commissioner Peterson stated that item number one of the CONCLUSIONS OF LAW was not a bases for denial. Consensus was to eliminate item number one. o Associate Planner Newton requested item number 10 of the FINDINGS be clarifed. Consensus was to eliminate "and is inadequate to carry heavier volumes of traffic at the present time". o Commissioner Peterson moved and Commissioner Fyre seconded to approved Final Order 84-01 as amended. Motion carried by majority vote, Commissioners Owens, Butler, Vanderwood and Campbell abstaining. 4. Meeting Adjourned 9:00 P.M. ® t + ;/ a, ,L Diane M. Jel.erk=, ecretary ATTEST: f? fl A. Donald Moen, President 0671P dmj CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 84-01 (36 A FINAL ORDER IN THE MATTER OF THE- APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND A ZONE CHANGE REQUESTED BY TIGARD WEST DEVELOPMENT, JB BISHOP, GI JOES, AND ALICE TREFFINGER, FILE NO. CPA 11-84 AND ZC 8-84, DENYING THE APPLICATION REQUESTS, ENTERING FINDINGS AND CONCLUSIONS. The Tigard Planning Commission heard the above application at its regular meeting of July 10, 1984. The applicants appeared along with their attorney and architect. Appearing for the opposition were a number of interested property owners, represented by legal counsel and the Neighborhood Planning Organization (NPO # 3)2. The Commission finds the following FACTS in this matter: 1. The applicants for this matter, Tigard West Development, JB Bishop, GI Joes and Alice Treffinger, requested a reclassification from R 3.5 zoning and low density designation, which would allow for single family residential units to a (C-G), General Commercial designation on a parcel of land designated as Washington County Tax Map 2S1 3DA Tax Lots 4700, 4800, 6100 and 6200 and Washington County Tax Map 2S1 3DD lot 200. The information supporting the request is found in File No. CPA 11-84. 2. The applicant's justification is presented in the minutes for the July 10, 1984, Planning Commission meeting. The applicants at that time, represented by Attorney Stephen Janik, spoke to issues relating to squaring off a parcel that is 80Z committed to commercial, potential negligible traffic impact on neighboring streets, a change to a commercial designation which would be better for the existing residences, the conformance of the application 7o the plan policies, whether the residential zoning on the 5 residential lots in question was a mistake, and the increase in jobs for local residents and the conformance of the application to locational criteria. 3. The relevant approval criteria in this case are the State-wide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, & 14. Goals 3, 4, and 15 - 19 do not apply. In addition, the City of Tigard Comprehensive Plan Policies 2.1.1, 5.1.4, 6.3.3 ,,Ind 12.2.1. The Commission make the following FINDINGS in this matter: 1. State-wide Planning Goal 0 1 is met because the City has adopted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NP0). In addition all public notice requirements were met. 2. State-wide Planning Goal # 2 is met because the City applied all applicable State-wide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. State-wide Planning Goal # 5 does not apply because no open space would be created or removed by this application proposal.; I( 4. State-wide Planning Goal # 6 does not apply because water, air and land resources quality would not be affected by this application proposal. 5. State-wide Planning Goal # 7' does not apply because there are no natural hazard areas on the property. 6. State-wide Planning Goal # 8 does not apply because there would be no recreational facilities being constructed or removed as a result of this proposal. 7. State-wide Planning Goal # 9 does not apply because the portion of land being proposed for the change from residential to commercial is too small to impact the City's employment picture. 8. State-wide Planning Goal # 10 does not apply because the removal of 5 homes from the City's housing stock would not have a great impact City-wide. 9. State-wide Planning Goal # 11 is met because public facilities are available to the site. 10. State-wide Planning Goal # 12 is not satisfied because SW Watkins Street is not improved to City standards. 11. State-wide Planning Goal # 13 does not apply because there are no great energy savings to be gained by changing the five residential properties to commercial. 12. State-wide Planning Goal # 14 does not apply because the proposed change does not affect rural land. 13. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property were given notice of the hearing and an opportunity to comment on the applicants proposal. 14. City of Tigard Comprehensive Plan Policy 5.1.4 is not satisfied because approval of the applicants' request would allow commercial development to encroach into a residential area that has not been designated for commercial use. 15. City of Tigard Comprehensive Plan Policy 6.3.3 is not satisfied because approval of the applicants' request will not preserve and enhance the character of the adjacent established area. 16. City of Tigard Comprehensive Plan Policy 12.2.1 is satisified in that all of the appropriate locational criteria have been applied to the project, however, not all of the locational criteria can be met by the applicants' proposal. The Commission adopts the following CONCLUSIONS OF LAW: 1. Based on Finding Number 14, the Commission has determined that the applicants' request to redesignate five single family residential lots to commercial would allow commercial development to encroach into a residential area that has not been designated for commercial use. 2. Based on Finding Number 15, the Commission has determined that the granting of the applicants' request will not preserve and enhance the character of the adjacent established area. 3. Based on Finding Number 16, the Commission has determined that the applicants' request does not meet all of the locational criteria setforth in Policy 12.2.1. Specifically, locational criteria (1) (a) is not met "The commercial area is not surrounded by residential districts on more than two sides." It is, therefore, ORDERED that, based on the above Findings and Conclusions, the application for a Comprehensive Plan Amendment and Zone Change in this matter be, and.. the same hereby is denied. It is further ordered that the applicant be notified of the entry of this order. PASSED: This Z0 day of Or6.6.1_ 1984, by Planning Commission of the City of Tigard. 6/ J ___ A. Donald Moen, President Tigard Planning Commission 0671P dmj 1 � MEMORANDUM CITY OF TIGARD TO: Members of the Planning Commission FROM: William A. Monahan, Director of Planning and 'Development N f DATE: July 5, 1984 SUBJECT: Training Workshop - July 24, 1984 On Tuesday, July 24, 1984, the staff and Commission will participate in a training workshop. The workshop will be informal and will follow one item of business, the adoption of findings in the Smith appeal of the Moreno home occupation. Attached for your review is a paper prepared by Attorney Adrienne Brockman I which she presented at a land use law symposiun at Lewis and Clark Law School t in February. Of particular interest are pages 34 though 60 on Quasi Judicial decision making. We will discuss these items as we identify staff and il commission roles and responsibilities. t Adrianne will be present at our July 10, 1984, meeting, however, she has a previous commitment for July 24. She has agreed to hold a follow up workshop with you using her paper as a starting point if the Commission wishes. i s: k' t. V; tl . 3 i TIGARD PLANNING COMMISSION REGULAR MEETING - SEPTEMBER 4, 1984 1. President Moen called the meeting to order at 7:38 P.M. The meeting was held at the Fowler Junior High - LGI Room - 10885 SW Walnut. 2. ROLL CALL; PRESENT: President Moen; Commissioners Owens, Eyre, Butler, Wan6arwood' Bergmann, Leverett, and Campbell. ABSENT: Commissioner Peterson. STAFF: Director of Planning and Development William A. Monahan (arriving at 9;30); Associate Planners Keith S. Liden, and Secretary Diane M. Jelderks. 3, APPROVAL OF MINUTES: • Commissioner Bergmann moved and Commissioner Owens seconded to approve the minutes as submitted. Motion carried by majority vote of Commissioners present. President Moen abstained. 4. PLANNING COMMISSION COMMUNICATION • There was no communication. 5. PUBLIC HEARING 5. 1 NPO APPLICATIONS REVIEWED • Commissioner Owens moved and Commissioner Vanderwood seconded to recommend to City Council to appoint Sandra Leihn to NPO # 2 and Naida James to NPO #3. Motion carried by unanimous vote of Commissioners present. 5.2 SUBDIVISION S 6-84 / W.L. SAWYER/CECIL BOONE PARK NPO #5 Request to subdivide a 2.37 and 0.20 acre parcels into 22 lots, located Northwest corner of Durham and 81st Avenue (WCTM 291 12CC, Lots 1800 and 1802. • Associate Planner Liden made staff' s recommendation for approval with 11 conditions. • Ryan O'Brien, representing the applicant was available for questions. • Discussion followed regarding the vacation of SW 81st, public improvements, access to Durham, and a turn around on 81st and \� Boone Street. PUBLIC TESTIMONY • No one appeared to speak, PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 1 PUBLIC HEARING CLOSED • Commissioner Butler, Eyre, and Leverett felt that a condition was needed for the Fire Department to review the project for a turn—around. • Commissioner Vanderwood was concerned about access from 79th to Durham Road. Discussion followed. Discussion followed. • Commissioner Butler moved, Commissioner Bergmann seconded to approve S 6-84, Cecil Boone Park, with the following conditions: 1. Standard half—street improvements including 24—foot pavement widths, sidewalks, curbs, street lights, and driveway aprons shall be provided along th 81st Avenue frontage and the Bond Street extension, Full—street improvements on Boone Street including a temporary turn around at the west end shall be installed. 2. Seven (7) sets of plan—profile improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. 3. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100 % performance bond), the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 4. Street plugs, one foot in width, shall be provided to the satisfaction of the Engineering Division on Boone and Bond Streets. 5, The 81st Avenue improvements shall be required as far south as the southerly subdivision street. The remaining portion of the right—of—way to Durham Road may be vacated. 6. A City of Tigard approved Non—remonstrance Agreement regarding future improvements along the Durham Road frontage shall be recorded with Washington County and returned to the Planning Department prior to issuance of building permits or change in property ownership. 7. Necessary survey work shall comply with the following: a. Vertical Datum shall be City of Tigard (N.G.S. 1929). All existing and established (temporary) bench marks in the vicinity of the project shall be shown on the construction drawing PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 2 - b. Compliance of 18.160.160 (all) with the following exception: 18 . 160.100 A.2 Capped 5/8" X 30" Iron Rods on surface of final lift will be acceptable. NOTE 18, 160. 160 8.1 City of Tigard Primary Control Surveys (CS. # 19'947 & 20,223) Local-Ground coordinates exist for all stations. State plan coordinates not regpired, City can make transformation given local coordinates. c. Compliance of 18.160.190 (B) ) d. All storm and sanitary lines shall be placed in positions that DO _NOT interfere with centerline monumentation. 8. The subdivision will contain a maximum of 22 lots. . 9. Additional right-of-way shall be dedicated to the City along th 81st Avenue frontage to increase the right-of-way to 25 feet from centerline. The description for said dedication shall be to the street centerline. The legal description shall be approved by the Engineering Division and recorded with Washington County . Also, additional right-of-way shall be dedicated as necessary to accommodate half-street improvements along the northern boundary of the subdivision. 10. After review and approval by the Planning Director and City Engineer, the final plat shall be recorded with Washington County and a mylar copy of the recorded plat shall be submitted to the City Engineering Division within 15 days of recording. �| 11. This approval is valid for the period of one year from the final decision date. Motion carried 6-2, Commissioner Owens and Vanderwood voting no. 5.3 APPEAL OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO #5 Appeal of condition for construction of industrial buildings and related H facilities on three parcels. Property zoned I-P (Industrial Park). Located Northwest corner of 72nd and Tech Center Dr. (WCTM 2S1 1OC Tax Lots 700 and 800) . • Associate Planner Liden reviewed the appeals noting that staff concurred with the applicant that the sidewalk was not necessary on the north side because of a previous latter. Discussion followed regarding the sidewalk and RR crossing. • Commissioner Butler asked if policy 11,5.1 had been applied to this application. Discussion followed. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 3 _ �� • Alan Fox, Representing Western International Properties reviewed changes they were proposing to protect the residential area. e Bob Rossi, landscaper for the applicant, reviewed the Landscaping Plan. • Alan Fox continued his presentation regarding the condition requiring the railroad crossing. • Bruce Magnuson, David Evans and Associate, reviewed a railroad crossing application submitted in 1981 by Nittleaon/8rnwn. • Alan Fox continued how they did not Feel they should be required to pay for installation of the railroad crossing. • Sharon Takahashi, Representing NPO #5, referred to policy 11.5.1 for a 50 foot buffer. The policy has been violated and should be h ld up e . PUBLIC TESTIMONY • Pat Hermanson, 7530 SW Cherry, owner of property behind Belknap, explained problems which they have experienced. She was concerned that the new development would only add to the problem. She wanted to know what assurance they would have that the residential area would be protected. Discussion followed. e John Torpling, 7430 SW Cherry, concerned for buffering and favored the 50 feet. m Mr Fredrich Jensen, 7450 SW Cherry, commented that he had attended the meeting between the applicant and the WP0. He commented on existing violations and the lack of protection for the residential area. He supported a 50 foot setback. He wanted to know when the sewer would be installed, what type of yard lights would be used, access, and the possibility of fenoing. He wanted to be assured of adequate screening within two years. REBUTTAL • Mr. Fox responded to concerns of the renidentn. He noted the building is set back 50 feet from the property line and how they had complied with requirements of the code. Questions and discussion followed between applicant, staff and Commissioners. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION e Commissioners Leverett, Fyre, Vanderwood, Campbell, Owens, Butler, Bergmann did not feel the RR crossing should be constructed by the applicant. President Moen felt that the applicant should assist with half of the construction but would concede, • Lengthy discussion regarding the setback, installation of the sewer, and sidewalk. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 4 e__ • Commissioner Fyre moved and Commissioner Leverett seconded to approve the first appeal for a variance to the sidewalk not required the RR crossing, and table 2nd appeal regarding landscaping and setback. Discussion followed. Motion failed 6-2, Commissioner Leverett and Fyre voting yes. • Commissioner Butler moved and Commissioner Owens seconded to accept the appeal filed by Carole Stewart, based on Section 18.68.050 C.4 of the Community Development Code and policy 11.5.1 C 1 and 2. Motion carried unanimously by Commissioners present, • Commissioner Fyre moved and Commissioner Leverett seconded to accept Western International's appeal as submitted based on information supplied and testimony given. Motion carried by majority vote of present, Commissioner Butler voting no. 5.4 PLANNED DEVELOPMENT PD 3-84 THE FOUNTAINS AT SUMMERFIELD NPO #6 Continued from August 7, 1984 Planning Commission meeting. • Associate Planner Liden reviewed history of the development and changes which have been proposed since the last hearing. APPLICANT'S PRESENTATION • Vlad Voytilla, 15300 SW 116th, supported staff's presentation and was available to answer questions. PUBLIC TESTIMONY • Phil Pasteris, NPO #6 Chairman, stated a meeting had been held and items of concern had been worked out. • Dave Atkinson, 10460 SW Century, member of NPO #6 and Summerfield Association member, supported the proposal adding there were some items which would be worked out between the applicant and the Summerfield Association. PUBLIC HEARING CLOSED • Associate Planner Liden added the following requirements: 1. Requirement, for additional right-of-way on Naeve Road. Half street improvements to minor collector. 2. Condition #5, "add "8" sewer line public maintained" . Owens moved and Commissioner VanderWood seconded for conceptual approval of PD 3--84 with the following conditions: 1. Seven(7) sets of plan_profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the (12)City's Engineering Division for review, • PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 5 • 2, Construction of proposed public improvements shall not commence until after said Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/streetlight deposit and also, the execution of a construction compliance agreement shall occur prior to the issuance of approved public improvement plans. 3. Vertical Datum shall be City of Tigard (N.G.S. 1929) . All existing and established temporary bench marks in the vicinity of the project shall be shown on the construction drawing. 4. Compliance of 18,160,160 (all) with the following exceptions: • 18.160.160 A.2. Capped 5/8" X 30" I.R, 's on surface of final lift will be acceptable. 5. The on-site sanitary and storm system shall be maintained by the homeowners associate except for the main sewer line serving the project. The 8" publicly maintained line shall have corresponding easements that are acceptable to the Engineering Division. 6. All sewer laterals serving more than one unit will require a joint maintenance agreement to be approved by the Engineering Division and recorded with the plat. 7. The storm and sanitary manholes at the north end of 114th Avenue shall be encompassed by public easements. 8. The on-site drainage ditch(s) shall be constructed to provide for ease of maintenance (wide & shallow, grass lined) and public safety. 9. The detailed plan shall be submitted for the Planning Director' s approval prior to issuance of building permits. Said plan shall include the following modifications: a. Revised landscaping plan which is consistent with the visual clearance Chapter 18,102 of the Code, b. Buildings shall be relocated to meet the setback provisions of the R-20 zone. 10. The existing stub street off of 109th Avenue shall be vacated and maintained by the Homeowners Association, 11, The project may be developed in phases for up to seven years from the date of detailed approval. A new application shall be required after seven years have passed, or if major ; modifications including a recreational facility are proposed. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 6 . ' -------- — 12. Additional requirement for 30 feet R from center line will be required for Naeve Road, and shall have half-street improvements to a minor collector. Motion carried unanimously by Commissioners present. 5.5 PLANNED DEVELOPMENT (PD 4-84) SUBDIVISION (S 9-84) ZONE CHANGE (ZC 12-84) VARIANCE (V 15-84) MALLARD LAKE/DAVID FARR/FARR DEVELOPMENT CO/WARDIN w Associate Planner Liden reviewed the application and made staff's recommendation for approval with 11 conditions. However, other items need to be discussed such as density and sensitive lands. Also other conditions would need to be added.. • APPLICANT'S PRESENTATION, Bill MnMonagle, 8905 SW Commercial, stated the Ponds could be filled in if necessary to create 7500 square foot lots. He wanted the proposal approved so they could begin the work. w David Farr, 9520 SW Beaverton Hillsdale Highway, spoke in favor of the application, PUBLIC TESTIMONY e Phil Pasteris, NPO #6 Chairman, stated that the livability of the area was their concern not the pondo. He reviewed the difficult time he had getting adequate opportunity to review this project and requested it be postponed. e Lengthy discussion followed. Consensus of the commission was that the project should be reviewed by the NPO and the Park Board. yo Commissioner Owens moved and Commissioner Vanderwood seconded the motion to table this item until October 2, 1984; it is to be the first item on the agenda, with direction to have the application reviewed by the NPO and Park Board. Motion carried by majority vote. Commissioner Leverett abstaining, because he is an abutting property owner. 6. OTHER BUSINESS • Discussion regarding 2nd meeting. Meetings to be held on October 2nd and October 3r4 if necessary. .` 7. MEETING ADJOURNED 11/06 4.1.1§11:L ' • / nne M. Jefi�/ n' Secretary ' � ATTEST: - ` ^^ Moen, -^' A. Donald President (DJ:bm/0631p) PLANNING COMMISSION MINUTES SEPTEMBER 44 1924 PAGE i7 � � ` �. ' ^ `'� � . '. 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AINNEM11111111111V Ormalef NOP I A■MIUMINIMMUNIMIIIIIMMMIIIOM I cwwwiwasammweem■mosese1.1 I 1 I I . l . y � PLANNING COMMISSION MEETING SEPTEMBER 4, 1984 AGENDA ITEM 5.1 MEMORANDUM CITY OF TIGARD TO: Members of the Planning Commission FROM: William A. Monahan, Director of Planning and Development DATE: August 28, 1984 SUBJECT: NPO Appointments Two citizens have applied for NPO Membership. They are: Sandra Leihn 14875 SW 103rd NPO 1# 2 Naida James 15100 SW 119th NPO # 3 The Commission should interview these two citizens and vote to recommend that the City Council appoint then to their respective NPO's. Should they be appointed, the representation on Tigard's NPO's will be as follows: NPO #1. 9 NPO #2. 4 NPO #3. 10 NPO ##4. 9 NPO #5. 10 NPO #6. 11 i NPO #7. 10 Staff recommends that the Commission invite these two citizens to state why they are interested in becoming members of their NPO, then vote to forward their applications to the City Council for consideration on September 10, 1984. (cz/0599P) CITY OF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: / --/5-/A/A/7- /A A/ DATE: /' ADDRESS (RES.) : 2.212 5— ' C C/ /) ‘5 RES. PHONE: i /f iY2 & fr< /5BUS. PHONE: ADDRESS (BUS. ) : ��//G� ...-�� `C- LENGTH OF RESIDENCE IN TIGARD: C. SUGGESTED BY: tic/ WHERE DID YOU LIVE PREVIOUSLY? // .,c �.. EDUCATIONAL BACKGROUND: �"'�,_ iL-LC f--� � cch.6.. . /'-r•2- '� �,�!-'��L-�. � , f , - -12_1-42-k--z_ - - OCCUPA ONAL STATUS AND BACKGROUND: •s24 ,.te: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FI' ? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS 0 L )? PREVIOUS COMMUNITY ACTIVITY: ��- �--° ORGANIZATIONS AND OFFICES: � �✓c-e OTHER INFORMATION (GENERAL REMARKS): CL L- n BOARDS, COMMITTEES OR NPO INTERESTED IN: E#S /4/4;>22 — Date Received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City (0346p) --.---..-.- - A o• CITY OF TIGARD CITIZEN COMMITTEE INTERES1 APPLICAlION NAME,: ANIALL0,4 14 nil(015 ________ . NAlh. rIS,A4P0 ADDRhss ( ths. ) : /5700 SW // 9 .dia - '22 10% • plioNE: 43,—S3 in 0, ‘` • Li) ow. 7-2 211/ ADDRESS ( BUS. ) : // f jai / il v" ,, 4 BD!,. PHONE: dltaL 4000/0t Pgi. A 0 • LENGTH OF RESIDENCL IN lICARD: 4/4911, 0 SUGGESTED II? ' . , [ WHERE DID YOU LIVE PREVI SLY? PAMPirdoi4V0644) EDUCATIONAL BACKGROUND. . 0 OCCUPATIONAL STATUS AND BACKGROUND: A //f441AL A .. ■ , - ..,..ol . ■ . , ■ 0 S _ di...‘ ' / • . HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? NIS 44:21. 4' IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? 41%10 PREVIOUS COMMUNITY ACTIVITY: itiraPllgrAesiliCD P - .,., ... ORGANIZATIONS AND OFFICES: gillt,40,00 0 ' OTHER INFORMATION (GENERAL REMARKS) : BOARDS, COMM ITT OR EES O NPO INTERESTED IN: . --- - - _ ___—_-----. ---- 4P0 043 Date Received at CIL), Hall _ ha e t litieiviewed _ . 'OdIr Appellited hedid , Cemmillee . el N14) Ite. 111.• t 11 ,,, ()tit ., itle i tiv __ _. tilt,11,10 ■ d NAIDA JAMES -. Customer Representative I_ , Specialized Management Support , EDUCATION - Graduate - North Bend High School y Graduate - Lewis and Clark College B1 ,-Y _ BUSINESS EXPERIENCE -, 4 r Specialized Management Support, computerized accounting firm (five u Ya ,, years); City of Longview, Washington (Assistant Librarian); '! =lt 41' ".. 4 r;} Washington State School for the Deaf (Teacher); Warner Southern h k9 ,ra z . °, ; +t' f College, Lake Wales, Florida (Reference Librarian); Teacher in Grand 'S /�,° Cayman, British West Indies priv to school; Far West Federal Savings , ` ,a ' t l' and Loan (Personnel Department Marketing and Research Analyst). l d S tri#,N ' .(; `!' COMMUNITY INVOLVEMENT - �" p 1 4 FISH Volunteer; Washington Park Zoo Guide; Old Town Historic 1 Tour Guide; Disturbed Youth Camp Counselor; Lutheran Family Services (Publicity Brochure Chairman); Wildlife Artists Guild t, AREAS OF INTEREST AND EXPERTISE - . Youth programs; special education, community fund raising, publicity and publications, city planning and development. F 1' €j , t' 1 MS Speaakzed i, Manacd= '' ' 1128 SW 13th Avenue Portland,Oregon 97205 ,, (503)222-0108 i°t NaldaJames r i` Customer Service t Px tt'} i L. [4. f PLANNING COMMISSION MTG. SEPTEMBER 4, 1984 AGENDA ITEM NO. 5.2 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission August 30, 1984 FROM: Keith Liden SUBJECT: Cecil Boone Park S 6-84 The Planning Commission first reviewed the proposal at the April 17, 1984 hearing. The item was tabled until May 8, 1984 to resolve the access issue related to 81st Avenue and the half-street improvement on the north end of the subdivision. The issue has subsequently been tabled until September 4, 1984. The applicant has prepared a drawing showing the probable grade change necessary for a future improvement of Durham Road. A revised preliminary plat has also be submitted. The State Highway Division has indicated that a left turn lane will be required if 81st Street is opened. The Division also concludes that there is insufficient right-of-way available to construct this improvement. The City Engineer has reviewed the proposal and has the following comments: 1. With the present alignments of Durham Road, 81st Avenue is in a poor location in terms of site distance. Also, Durham Road will not be improved in the foreseeable future. 2. Ross Street and 79th Avenue are identified as minor collectors in the Comprehensive Plan and it would be appropriate to direct local traffic in the area northeast of the Hall Blvd. and Durham Road intersection toward these streets rather than the arterials. 3. In view of the present circumstances, the southern portion of 81st Avenue may be vacated. 4. Additional right-of-way should be required as necessary to provide an adequate half-street improvement along the north side of the subdivision. Enclosed is a copy of the staff report prepared for April 17, 1984 hearing. The Planning staff recommends approval subject to the conditions listed in this report with the following changes: 1. Condition 5 is deleted and replaced by a condition stating ' The 81st Avenue improvements shall be required as far south as the southerly subdivision street. The remaining portion of the right-of-way to Durham Road may be vacated." Planning Commission Memo August 30, 1984 Page 2 2. Condition 6 is modified to add "regarding future improvements along the Durham Road frontage" after the word Agreement. 3. Replace condition 9 with the following condition. "Additional right-of-way shall be dedicated to the City along the 81st Avenue frontage to increase the right-of-way to 25 feet from centerline. The description for said dedication shall be to the street centerline. The legal description shall be approved by the Engineering Division and recorded with Washington County. Also, additional right-of-way shall be dedicated as necessary to accommodate half-street improvements along the northern boundary of the subdivision." 4. Add the following as condition 10 and change condition 10 to 11. "After review and approval by the Planning Director and City Engineer, the final plat shall be recorded with Washington County and a mylar copy of the recorded plat shall be submitted to the City Engineering Division within 15 days of recording." (KL:pm/0602P) C• (. STAFF REPORT AGENDA ITEM 5.2 APRIL 17, 1984 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Subdivision S 6-84 Cecil Boone Park REQUEST: To divide a 2.37 and 0.29 acre parcel into 22 lots. APPLICANT: Bob Boone/Dave Hall OWNER: W.L. & Bertina Sawyer 9800 SW Beaverton/Hillsdale 7020 SW Hyland Way Beaverton, OR 97005 Beaverton, OR 97005 LOCATION: Northwest corner of Durham Road and 81st Avenue RECOMMENDATION: Approval subject to conditions. 2. Background A subdivision (S 11-81) , a conditional use (CU 7-81), and a minor land partition (MLP 21-81) were proposed for this property. The subdivision approval was upheld because of the lack of sewer service and the other two proposals were approved. Despite the approvals, no development has taken place. 3. Vicinity Information Surrounding properties north of Durham Road consist of small acreage homesites that are zoned R-12. The U.S.A. Treatment Plant property which is zoned I-P (Industrial Park) and the Durham Elementary School property are situated on the south side of Durham Road. Bond Park II and III has received Preliminary Plat approval on property immediately east of the 81st Avenue right-of-way. Bond Street is the southern east-west street in this development and it is intended to intersect with 81st Avenue near the northeast corner of the subject property. Durham Road is immediately south of the property. It is under state jurisdiction and is identified as an arterial route in the Comprehensive Plan. A bicycle lane is intended as part of the future street improvements. 4. Site Information and Property Description The property contains one residence near Durham Road and the remainder of the property is undeveloped. Boone Street is proposed to extend STAFF REPORT - S 6-84 - PAGE 1 between 81st Avenue and the western property line. A half-street dedication is also planned along the northern boundary of the project o allow for the continuation of Bond Street to the west. It is anticipated that the 81st Avenue right-of-way will be vacated between Boone Street and Durham Road. Detached single family residence are proposed on lots ranging from 3,200 to 4,370 square feet. The applicant is also requesting that the Planning Commission initiate an amendment to the setback provisions of the R-12 zone to allow single family residences to meet the setback standards of the R-7 zone. The Planning staff concurs with this request and this proposal will be presented on April 17 along with other Code amendments. 5. Agency and NPO Comments The Engineering Division has the following comments: a. 81st Avenue should not be vacated and the applicant should make the appropriate right-of-way dedication and half-street improvements. Pavement widths should not be less than 24 feet. b. All utilities should be extended to the outer boundaries of the project to facilitate the future development of adjacent properties. c. A temporary turn around should be provided at the west end of Boone Street. d. Parking along the half-street on the north end of the development should be restricted until both sides of the street are completed. e. A one-foot wide street plug should be provided at the end of Boone and Bond Streets and north side of the 25-foot Bond Street right-of-way. f. Survey work should comply with City standards. g. A non-remonstrance agreement should be required relating to future improvements along the Durham Road frontage. The Building Inspection Office notes that with the narrow lots and 5-foot side yard setbacks, the house widths will be quite small. School District 23J notes that the elementary, junior and senior high schools are operating below capacity. The development of this property along with others in the area may result in the modification of elementary school boundaries in order to accommodate new students. State Highway Division comments will be available for the Public Hearing. STAFF REPORT - S 6-84 •WAGE 2 The Tualatin Fire District and NPO #5 have not commented on this proposal. B. ANALYSIS AND CONCLUSIONS The proposed development conforms with the applicable requirement of the R-12 zone. It she le' be emphasized that detached single family homes will. only be feasible if the Code is amended as suggested by the applicant and the Planning staff because of the narrow lot widths that are proposed. The applicant is cautioned that the proposed 5-foot side yard setback will also necessitate relatively narrow buildings. Variance requests for side yard setbacks of less than five feet will be viewed unfavorably. The necessary right-of-way dedication along 81st Avenue frontage will probably require some adjustment to the southern row of lots in order to provide suitable building sites. It appears that retaining access to Durham Road is desirable because of the potential for additional residential growth in the area surrounding i by Hall Blvd. , Durham Road, 81st Avenue and Dorburn Place. Because of 1 the arterial status of Hall and Durham, access points should be kept to a minimum, particularly ,near the intersection of these two streets. The I1 existing 81st Avenue right-of-way is generally in the appropriate ' location for a street entrance to Durham Road. C. RECOMMENDATION The Planning staff recommends approval of Subdivision S 6-84 subject to the following conditions: 1. Standard half-street improvements including 24-foot pavement widths, sidewalks, curbs, street lights, and driveway aprons shall be provided along the 81st Avenue frontage and the Bond Street extension. Full-street improvements on Boone Street including a temporary turn around at the west end shall be installed. 2. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. '!'4 aj ■ 3. , Construction of proposed public improvements shall not commence until after the Engineering division has issued approved public improvement plans (the Division will require posting of a 1O0% 6 . performance bond), the payment of a permit fee and a sign i installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. '` C' 4. Street plugs, oee foot in width, shall be provided to the i satisfaction of the Engineering Division on Boone and Bond Streets. f ix STAFF REPORT - S 6-84 - PACE 3 `# . 5. The 81st Avenue right-of-way or alternate access shall provide a connection to Durham Road. Said access shall be reviewed and approved by the State Highway Division, Engineering Division, and Planning Director. 6. A City of Tigard approved Non-remonstrance Agreement shall be recorded with Washington County and returned to the Planning 1 . Department prior to issuance of building permits or change in property ownership. 7. Necessary survey work shall comply with the following: a. Vertical Datum shall be City of Tigard (N.G.S. 1929).. All existing and established (temporary) bench marks in the vicinity of the project shall be shown on the construction drawing. b. Compliance of 18.160.160 (all) with the following exceptions: 18.160.160 A.2 Capped 5/8" X 30" Iron Rods on surface of final lift will be acceptable. NOTE 18.160.160 B.1 City of Tigard Primary Control Surveys (CS. # 19,947 & 20,223) Local-Ground coordinates exist for all stations. State plane coordinates not required. City can make transformation given local coordinates. c. Compliance of 18.160.190 (B) d. All storm and sanitary lines shall be placed in positions that DO NOT interfere with centerline monumentation. 8. The subdivision will contain a maximum of 22 lots. 9. If the requested revision to the setback requirements of the R-12 zone is not approved, a revised preliminary plat or variance application must be reviewed and approved by the Planning . Commission prior to submission of the final plat. 10. This approval is valid for the period of one year from the final decision date. PREP ED B Li en APPR °ED BY': William A. Monahan L� Associate Planner Director of Planning & Development (KL:pm/0401P) STAFF REPORT - S 6-84 1- 'AGE 4 >f 1' 4 . COMMISSION DISCUSSION AND ACTION o Discussion regarding size and number of signs. o Commissioner Moen wanted to be assured the approval would be for the restaurant only and not another business that would move in later. o Commissioner Butler moved for approval of SCE 1-84 with the following conditions: 1. Two freestanding signs will be allowed for the shopping center, including the restaurant. 2. The signs shall be reviewed and approved by the Planning Director prior to issuance of building permits. 3. The approval for the second free standing sign shall be for the restaurant only. o Commissioner Owens seconded. Motion carried unanimously. 5.2 SUBDIVISION S 6-84 W.L. & Bertina Sawyer/CECIL BOONE PARK NPO #5 Request for preliminary subdivision plat approval for a 20 lot development on a 2.37 acre parcel zoned R-12 (Residential, 12 units/acre) located on the northwest corner. of Durham Road and 81st Avenue (Wash. Co. Tax Map 2S1 12CC, Tax Lots 1800 and 1802). Associate Planner Liden made staff's recommendation noting concerns of the Public Works Department. Staff recommended approval, conditioned on resolving issues of concern. NPO COMMENTS - Debra Naubert, 14365 SW 80th - NPO #5 Chairperson. The NPO had concerns for houses abutting Durham Road, suggested some type of sound buffer. Another issue was the traffic flow. APPLICANT'S PRESENTATION - Ryan O'Brian, 1134 S.E. 23rd Ave. , Hillsboro, responded to the traffic issue and public improvements. He requested changing 24 ft. to 18 ft. on condition number One. PUBLIC TESTIMONY o Edward Cotter, 8065 SW Durham Rd. , was concerned about the vacation of SW 81st and what this would mean. CROSS EXAMINATION AND REBUTTLE o Discussion followed between applicant and Commissioners regarding street improvements. o Discussion between staff and Commissioners regarding vacating of SW 81st. o Dorothy Cage, adjoining property owner, expressed her concern for decreasing pavement from 24 to 18 ft. Discussion followed. PAGE 2 - PLANNING COMMISSION MINUTES - APRIL 17, 1984 i' O ' / o Discussion regarding City's policy on half-street improvements - Further discussion on street improvements. o Dorothy Gage wanted to go on record that she did not want to have to make a commitment because of adjoining property developing. o Further discussion between staff and NPO #5 chairperson regarding access and egress onto Durham Road. o Mr. Peterson questioned what would happen to lot 5 if the street would go through. Discussion followed. o Commissioners and staff discussed the half street improvements at length. o Commissioner Moen asked if Mrs. Gage would object to letting the developer put 7 ft. of pavement on her property. She felt this was an encroachment on her property and did not want it. Discussion followed. PUBLIC HEARING CLOSED o Commissioner Peterson felt lots 4, 5, and 6 should be adjusted. He was concerned that the City was not clear about public improvements. o Commissioner Butler did not support a non-remonstrance. He felt SW 81st should go through or be dedicated. He did not feel developer should pave 24 ft. to the north. Discussion followed. o Commissioner Eyre supported Commissioner Butler's comments. o Commissioner Owens wanted to see the 81st Street issue resolved. Also the setback issue had not been discussed. There was also concern about ingress and egress on Durham from 81st, and the condition of Durham Road. o Commissioner Moen supported having 81st going through. o Ryan O'Brien interjected how difficult it would be if the street was opened. o Staff recommended item be tabled until May 8th meeting to give them opportunity to resolve issues of concern. o Commissioner Butler moved to table S 6-84 until the May 8, 1984 meeting to allow staff, State Highway, and applicant to resolve issue regarding SW 81st. o Commissioner Moen added that lots 4, 5 and 6 might need adjusting. He also had a concern for any half street improvements. He felt Bond Street should go straight through. o Commissioner Owens suggested adding to the motion that staff encourage the property owners to negotiate so street improvements could be made on property to the north. PAGE 3 - PLANNING COMMISSION MINUTES APRIL 17, 1984 • Commissioner Butler agreed to add to his motion. Commissioner Peterson seconded. Motion carried unanimously. 5.3 SUBDIVISION S 7-84 VARIANCE V 7-84 Century 21 Properties/SHADOW PARK-NPO #1 A request for preliminary subdivision plat approval of a 67 lot development and a variance to the yard requirements of the R-12 (Residential, 12 units/acre) zone to allow a 5 foot side yard and a 15 foot rear yard where 10 and 20 feet respectively are required. The property is located at 9125 SW O'Mara Street, Tigard (Wash. Co. Tax Map 2S1 2DB Tax Lots 400 and 500). Associate Planner Liden reviewed the applicant's proposal and letters submitted by Paul Johnson, Phil Edin and Willene Ettestad. He explained that a sensitive land permit would be required as a condition of approval. NPO COMMENTS - J B Bishop speaking as an individual member of NPO #1 supported staff's recommendation. He stated they wanted access to the park APPLICANT'S PRESENTATION - Mike Fain, Century 21 Properties, Inc. , responded to the Sensitive Land issues. He was concerned about J B Bishop's comment regarding access to the park. His understanding from the recent NPO #1 meeting was that they wanted the access closed. He reviewed the traffic circulation, and addressed concerns which had been raised at the previous hearing. He agreed to the conditions placed by staff as long as condition one didn't include both the bikepath and sidewalks. PUBLIC TESTIMONY o Larry Saub, Burnham Ct. and Hill 3t. - stated he had attended NPO • #1's meeting. It was the consensus of the NPO and individuals present to eliminate the park access. o Willene Ettestad, 9130 SW O'Mara, would like bikepath on south side of the street. o Gloria Johnson, 9700 SW Hill, was concerned about the park access which would increase traffic problems in the residential area. CROSS EXAM AND REBUTTAL o Discussion regarding moving bikepath and the affect it would have. o Staff's commented that the Public Works Director preferred having • bikepath on the north side. Discussion followed. o Butler questioned City's policy regarding dedicating open space e; areas. Discussion followed. o Lengthy discussion regarding alignment of the streets. PACE 4 - PLANNING COMMISSION MINUTES - APRIL 17, 1984 PLANNING COMMISSION MEETING SEPTEMBER 4, 1984 AGENDA ITEM 5.3 MEMORANDUM CITY OF TIGARD, OREGON + TO: Planning Commission August 30, 1984 FROM: Keith Liden, Associate Planner SUBJECT: Appeal. of SDR 12-84, Western International Properties On July 26, 1984, the Planning Director approved SDR 12-84 subject to conditions. Two appeals were filed regarding this approval. The applicant has appealed conditions 1 and 4 with an explanation including attachments. The second appeal was received by a property owner immediately north of the subject property. Both letters of appeal and the Director's decision are attached. (KL:pm/0602P) ) (�1�� 7450 SW Cherry Street ``� �g�A +t\u Tigard, OR 97223 v -c R Ggil s ) w � O` ® ° , , August 6, 1984 ` G p City of Tigard Planning Department Tigard City Hall , 12755 SW Ash sz ,, 6/%may Tigard, OR 97223 O-dCJ' "" 'a""h A.ua'r'' °'`-41.. Appeal by Carole J. Stewart, deedholder, Lot 41, Rolling Hills No. 2 k/a 7450 SW Cherry Street, Tiard, Oregon. Re: SITE DEVELOPMENT REVIEW 12-84 MINOR LAND PARTITION 2-84 Gentlemen: It would appear that the Decision (Section C of notice dated 7/26/84) is premature and inconsistan w `he Analysis and Conclusion (Section B) . in the following particulars: 1. Conclusion (B.d) retention of most or all of the originally pro- posed 50 to 60 foot side landscaping strip in width adjacent to the residential properties ro erties Decision (C. 1 (3)/p. 6) retention of as much as possible of the northern lands.caped 'strip that was originally proposed. 2. Requirment of presentation of additional information for Planning Com- mission approval before building permits are issued. (P.3) including: d grading plan wihc coincides with the modified building a. A revise 9 9 gp location c. A revised site plan illustrating parking layout consistant with Chaptor 18.106 or the Code including a justification for the num- ber of spaces it is respectfully submitted that no decision should be rendered on the subject applications until full and completed detail is of record which will provide the adjacent property owners (residential ) to the North of the subject properties a full prospective of what the development con- ists of. It is our position that the revised plan of development of the property proposing off street parking within the rear yard buffer area within 20 feet of the property line willeffectively devaluate our residence. In consideration of the abuses relative to development of the Belknap Indu- stries parcelwest of the subject property, we feel that all matters re- lating to screening, etc. should be fully specified before a decision is rendered. Please advise of a hearing date on this matter. Very t my yours, a O 71'511 i F. C. Jens Carole J. Stew t, Deed Holder �' Spouse "' 47117 AP L--- ØlWl AUG 6 1984 CITY OF TIGARD PLANNING DEPT. August 6, 1984 HAND DELIVERED Ms. Jerri Widener, City Recorder City of Tigard Tigard City Hall 12755 SW Ash PO Box 23397 Tigard, OR 97223 RE: Appeal of Notice of Decision, Site Development Review 12-84; Western International Properties, applicant Date Decision Filed: 7/26/84 Date Notice of Decision Given: 7/27/84 Dear Ms . Widener: Please be advised that Western International Properties, as land owner, developer and applicant for the subject permit, respect- , fully wishes to appeal conditions Nos . 1 and 4 of the Director' s Decision, pursuant to the provisions of the City of Tigard Community Development Code. Regarding Condition No 1: Condition No. 1 of SDR 12-84 , requires standard half-street im- provements, specifically sidewalks, along the Tech, Center Drive frontage. Western International Properties contends that this requirement was deleted by a variance dated June 30 , 1981 for sidewalk to be constructed on only one side of the street. This variance was subsequently amended by the enclosed letter dated December 17, 1981 authorizing the sidewalk to be installed on the south side of the street vs . the north side as originally intended. Accordingly, this condition has been satisfied and should be deleted from SDR 12-84 . Regarding Condition No. 4 : On 8/3/84 , Mr. Alan Fox of our office had a telephone conversation with Mr. Frank Curry regarding Condition No. 4 pertaining to the railroad crossing application. In that conversation, Mr. Fox requested clarification of the wording . .shall be resolved to the satisfaction of the City Engineer. . . " . Mr. Curry replied that Western International Properties 1805 Northwest Glisan Street Porlland,Orogon 97209 503 2417198 the City of Tigard would require Western International Properties to provide a guarantee that it would pay, for the ciossing in question. Mr. Curry added that he had " . . .always considered it (the crossing) to be a condition of the development of Phase I and II . . . " of subdivision S8-81. Western International Properties contends that condition No. 4 of SPR 12-84 and condition No. 3 of subdivision S8-81 Staff Report do not require provision of such a guarantee, but merely that the applicant prepare the application for the crossing, i.e. provide engineering design of the crossing. Supporting this contention are the following: 1. Western International Properties does not require the railroad crossing to gain access to its property, nor does it benefit from the crossing. 2. At no time during the subdivision permit process were Mr. Bob Williams of our office or Mr. Bruce Magnuson of David Evans Associates, our engineers , informed by City staff that Western International would be required to bear the costs of the railroad crossing; 3. The paragraph titled Site Plan and Design Review of SDR 14-81 for Belknap Industries development clearly states that the development of land on the west side of the railroad tracks was conditioned on com letion of the crossing. ("Across this R.O,W. a project was approved for Kittelson Brown (Ret ZC PD 13-80 and 3-80) . A Condition of Phase II development from Bonita Park was that a railroad crossing be completed. Application for this crossing shall be made by Kittleson Brown, reference February 3, 1981. letter to Mr. Mike Shepherd from Western International Properties in file SDR 14-81. ") This wording clearly makes a distinction between "completion" of the crossing and preparation of the permit application. Enclosed are copies of SDR 14-81 and the referenced letter to Mr. Shepherd which states that Kittelson Brown is to pay for the railroad crossing. This documentation refutes Mr. Curry' s understanding of the condition, and goes one step further to state that Kittelson Brown was to have prepared the permit application. 4. Also refuting this interpretation is the fact that the conditions of Western International's permits SDR 14-81, S 8-81, and SDR 12-84 make no reference to "completion" of the railroad crossing or to bearing the construction costs, but only to preparation and approval of the permit application. 5. Discussions with City staff regarding the subdivision permit referred to Western International Properties constructing Tech Center Drive only to the Southern Pacific right of way and no further. Western International conceded to extending Tech Center Drive to the railroad right of way as a condition of the permit so that the City at some future date could com- plete a connection to a road through land on the west side of the tracks. Such a connection would not benefit the Tech Center Development because it would bring unwanted traffic by the site. ll In conclusion, Western International Properties has in good faith Y' complied with all agreements made withthe City of 'Tigard and will continue to do so in the future. We appreciate this opportunity to clarify this misunderstanding and trust our appeal will be accepted in that spirit. Thank you for your consideration. Sincerely, James' E. Neuman General Partner Enclosures dk ti RECEIVED STAFF REPORT SITE DESIGN .REVIEW JUN 3 0 1931 _AL& June 29 , 1981 TIGARD 2 CITY HALL VanDomelen & i���!� "Q� CAN OF TI GA RD 12420 SW Main St. 'i igard , Oregon 97223 WASHINGTON COUNTY,OREGON DOCKET: SITE DESIGN REVIEW SDR 14-81 NPO #5 `- Belknap Industries Tigard Business Park S-8-81 APPLICANT: K&L Investment P.O. Box 3896 Seattle, WA 98124 LOCATION: S .W. 72nd Avenue Tigard Business Park Washington Co. Map 2S1 1DC Lot 1 S-8-81 REQUEST: For Site Design Review for Light Industrial Building to House Belknap Industries PREVIOUS ACTION: Ref . Subdivision 8-81 Tigard Business Park SITE PLAN AND DESIGN REVIEW: In this case the original parcel was subdivided into two (2) lots . (Reference S8-81 for Tigard Business Parl .) A new street from S .W. 72nd West to the Railroad R.O.W. was made a condition of approval of S-8-81. Across this R.O.W. a ILL Ci project was approved for Kittelson Brown (Ref ZC PD 13-80 &f3-80) . A condition of Phase II development from-Bonita Park was that a I, railroad crossing be completed. Application for this crossing shall , be made by Kittelson Brown, reference February 3, 1981 letter to Mr . Mike Shepherd from Western International Properties in file SDR 14-81. Also included in this file is a copy of the Declaration of Covenants, Conditions and Restrictions (CCR's) for Tigard Business Park. STAFF ACTION: Staff approves the Site Plans for Belknap Industries PP Development may commence if the following conditions are met: 1. Applicant (Belknap Industries) and owner Tigard Business Park shall submit a letter agreeing to conditions of development as outlined in the CCR's . This letter shall state that Belknap has met the expectations of development established by this document. This letter shall be delivered to the Planning Director prior to the issuance of a Building Permit. 2 . A grading plan for the site shall be prepared and reviewed with the Public Works Director. Particular attention shall be given to the severe slope area to the North. Adequate fencing shall be installed to prohibit adjacent property owners from entering this site along the high back to the North. Measures shall be taken to eliminate soil slippage/erosion on this bank. No Builsing Permit shall be issued until these issues have been resolved and approved by the Public Works Director/Building'' 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 _ t. ' • RECrM) r ( ' SDR 14-81 Page Two Inspector and Planning Director. 3. The installation of a sanitary sewer service to serve this site shall be approved by the Public Works Director prior to issue of Building Permits . 4 . No Occupance Permits shall be issued until all conditions placed I upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 5 . No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 6 . Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plant, or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 7 . All proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 8 . All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 9 . No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval . NOTE: Sign below to acknowledge conditions set forth for this project and return to the City of Tigard Planning Department. Failure to acknowledge will result in no further action on this project with regards to issuance of Building Permits or engineering approval . 63. IV, l/ 6/30 Signature - Applicant Date ��� '' '''' ' ---" /6Ce-Le47-14ieN 'sign Lure -.l;Charles An erson 5 a i Director • • February 3, 1981 Mr. Mike Shepard APARTMENT DATA CNETER 6823 SW Canyon Road Portland, Oregon 97225 Dear Mr. Shepard: We have received a letter from Mr. Milton O. Brown re- garding the execution of the easement agreement between Kittleson, Brown, Starkweather, .et. al. and Western - International Properties, Oregon State University Found- ation and St. Vincent Hospital Foundation. The process of obtaining all the necessary signatures is now being under- taken and should be completed soon. Due to conditions imposed by the City of Tigard, Kittleson, Brown, et. al. , may be required to provide a more extensive grade crossing than the emergency ingress and egress de- scribed in paragraph 4 of the above mentioned agreement. The agreement clearly provides that all costs attendant to the construction of a grade crossing within the rail- road right-of-way shall be borne by First Party (Kittleson, Brown, et. al. ) . In no event will Second Party (Western, et. al.) be required to pay for any improvements related to the crossing of the rail right-of-way (such as signals) other than extending the roadway to the right-of-way property line as provided in the agreement. Please have the copy of this letter executed by your clients, Kittleson, Brown, et. al. acknowledging the above and return it to my attention. Ve*Morn koternalsonst Prop.Aws 1805Nrnthwes∎Gbs3r•,Slreei Portiand,Orepe'? 503241 74 88_ <k4 ,4,yry It Mr. Mike Shepard February 3, 1981 Page Two I look forward to working with you and coordinating the necessary engineering data for the road connection. Sincerely, WESTERN INTERNATIONAL PROPERTIES Tre°444-e- Robert E. Williams, Jr. REW/jk Enclosures ACKNOWLEDGEMENT 1 1 MILTON O. BROWN RAYMOND J. KITTLESON L. R. DAVIS ' 9 IWAN M. STARKWEATHER ROBERT STARKWEATHER i , `•; , .-: ii* . . , • ,. ............ . . ' or( WARD . WASHINGTON COUNTY,OREGON • December 17, 1981 _ - = = - Jl- 1 ".7, • David Evans and Associates, Inc. = ---• 200 SW Market Street, Suite 110 �� Portland, Oregon 97201 -:::::-.^ A'1'1N: Bruce L. Magnuson - - _ .. • HE Tech Center Business Park :- _ ``' "' Dear Bruce: e - This is sent to acknowledge approval of your proposal to locate the side- walk along the southerly side of Tech Center Drive in lieu of along the . northerly side thereof. • After discussing the proposed relocation with Marlin Dermas, in con-- • - sideration of the 72nd Avenue improvement project, we've concluded that - by the simple expedient of swinging the walk to a location adjacent to the curb, along the to-be-constructed-yet portion of Tech Center Drive, an adverse grade transition at the intersection will be sufficently relieved and, therefore, is of no particular concern. Further, since an acknowledgment of the proposed relocation didn`•t accom - pany your submittal, from Tigard Water District, I took the 'liberty of . contacting Mr, John Miller and have received verbal confirmation that no .. _ . conflict exists therein regarding their facilities. . -- Very truly, . •,. •,... . , .. . . A. .... ,, , . . , .. .. ,. ' John S. Hagman . ' Superintendent Engineering Division - .. 8.1?) E - • DE 1 ,• . . . 198 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON,972?3 PH:639-4171 A CITY OF TIGARD NOTICE OF DEC L3ION SITE DEVELOPMENT REVIEW 12-84 MINOR LAND PARTITION 2-84 APPLICATION: Request by Western iuternational Properties for approval for a Minor Partition to divide a 6.9 acre parcel into three parcels of 2.5, 2.4, and 2.0 acres each. Also, Site Development Review approval is requested to allow the construction of one industrial building and related facilities on each of the three parcels. The property is zoned I-P (Industrial Park) and is located on the northwest corner of 72nd Avenue and Tech Center Drive( Wash. Co. Tax Map 2S1 1DC, Tax Lots 700 and 800). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described applications subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background On May 11, 1981, the Planning Director approved a subdivision (S 8-81 Tigard Business Park) which created two parcels of 5.1 and 6.9 acres as well as Tech Center Drive. One condition of this approval stated "Application for the railroad crossing shall be made/approved prior to the issuance of building permits on this site. This condition may be 'adjusted' in relationship to the PDC/Railroad time frames." In June, 1981, Site Design Review approval was granted to allow the construction of an industrial building on the 5.1 acre parcel (SDR 14-81). 2. Vicinity Information The land south of Tech Center Drive is zoned I-L (Light Industrial) to the west and I-H (Heavy Industrial) towards 72nd Avenue. The Belknap Industries parcel is west of the subject property and it is zoned I-P. Commercial properties are east of 72nd Avenue. The northern property line is bordered by single family residences zoned R-3.5 (Residential, 3.5 units/acre) and one parcel which is adjacent to 72nd Avenue which is zoned I-P. 3. Site Information and Proposal Description The property is presently undeveloped. There are numerous trees on the east and northern portions of the property. The land slopes downward from northeast to southwest. NOTICE OF DECISION - SDR 12-84 & MLP 2-84 - PAGE 1 _ t The applicant proposes to divide the property into three parcels of 2.5, 2.4, and 2.0 acres with each having frontage on Tech Center Drive. It was originally proposed that the development of the three parcels would consist of five industrial buildings with the first phase occurring on the central 2.4 acre lot. During the application review process, a revised plan was submitted for central and western lots to construct two buildings (B and C), one on each parcel, instead of four. The total building square footage is approximately the same. Building A on the eastern 2.0 acre parcel remains unchanged. The building sizes are 27,000, 33,500, and 33,500 square feet for buildings A, B, and C respectively. 4. Agency and NPO Comments The Engineering Division has the following comments: a. The sanitary sewer line should be capable of extending to 74th Avenue. b. The railroad crossing application is incomplete because the protective devices portion is lacking sufficient information. c. Installation cost shall not be borne by the City. The Building Inspection Office has no objection. The Tualatin Rural Fire Protection District has the following comments: a. Driveways and entrances shall not be less than 20 feet wide. b. Inside and outside turning radii should be a minimum of 30 and 52 feet respectively. c. Fire hydrants must be within 250 feet of all portions of the buildings. d. Additional fire hydrants should be installed at the northeast corner of Building B and the northwest corner of Building C. NPO #5 has no objection to the proposed development. B. ANALYSIS AND CONCLUSION 1. Partition (MLP 2-84) The I-P zone has a minimum lot width requirement of 50 feet and no minimum size requirement. All lots will have adequate frontage on Tech Center Drive and/or 72nd Avenue. The partitioning meets all Code requirements. NOTICE OF DECISION - SDR 12-84 & MLP 2-84 - PAGE 2 4 2. Site Development Review (SDR 12-84) The proposed industrial development is in basic conformance with. the applicable provisions of the Code. The original site plan provided specific information regarding placement of utilities, parking, grading, drainage facilities, landscaping and lot coverage calculations. A revised site plan was received on July 14th which proposed only two buildings on the two western parcels instead of four. This generalized site plan did not include corresponding information noted above. Additional information should be presented for Planning Department approval before building permits are issued. The eastern parcel which contains Building A is unaffected by the site plan revisions. A 27,000 square foot industrial building with a two-way access to 72nd Avenue and a pair of one-way driveways to Tech Center Drive is anticipated. A 7,250 square foot loading area and 90 parking spaces are shown on the site plan. The building and related improvements, including the landscaping plan, are consistent with Code requirements with the following exceptions: a. The parking spaces appear to be 8.5 x 20 feet and the Code requires dimensions of 9 x 18 feet. Compact car spaces of 8.5 x 15 feet may constitute 25 percent of the required parking. b. No handicapped parking spaces are shown and two 12 x 18 foot spaces are necessary. c. .A minimum of five bicycle parking spaces are required near the building entrance(s). The two western parcels feature Buildings B and C which are 33,600 square feet each. The proposed site plan is consistent conceptually with Code requirements, however, the following information and modifications should be submitted and reviewed by the Planning Department before building permits are issued: a. A revised grading plan which coincides with the modified building location. b. A revised utilities plan. c. A revised site plan illustrating - parking layout consistent with Chapter 18.106 of the Code including a justification for the number of spaces - a minimum of one, two-way driveway, 24 feet in width - one-way driveways clearly marked. NOTICE OF DECISION - SDR 12-84 & MLP 2-84 - PAGE 3 d. An amended landscaping plan including - the location of the trees along the norther property line that is not shown on the "Existing Site Conditions" sheet - the preservation of these trees for buffering purposes -- retention of most or all of the originally proposed 50 to 60 foot wide landscaping strip in width adjacent to the residential properties - screening along the northern property line consistent with Chapter 18.100 of the Code e. A lighting plan which will be compatible with the residences to the north. In summary, the site plans for all three parcels will need the revisions and additional information noted above before building permits may be issued. Based upon the proposed use of the property, the information supplied by the applicant, and the requirements of the Community Development Code, there appears to be no reason why all City standards cannot be met. C. DECISION The Planning Director approves MLP 2-84 subject to the following conditions: 1. The property shall be divided into three parcels as shown on the preliminary partitioning map submitted by the applicant. 2. The partition survey shall be tied to a City of Tigard "Primary" or "Secondary" control station if one exists within 1000 feet of the partition and the bearings oriented thereon. 3. Tigard grid coordinates for all established boundary points on the partition shall be submitted to the City within 15 days of recording. 4. After review and approval by the Planning Director, the Minor Land partition shall be recorded with Washington County and a reproducible copy of the "record of survey" shall be submitted to the Engineering Division within 15 days of recording. 5. This approval is valid if exercised within one year of the final decision date noted below. The Planning Director approves SDR 12-84 subject to the following conditions: 1. Standard half-street improvements including sidewalks, curbs, street lights, and driveway aprons shall be provided along the 72nd Avenue and Tech Center Drive frontage. NOTICE OF DECISION - SDR 12-84 & MLP 2-84 - PAGE 4 !` 2. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvement shall be submitted to the City's Engineering Division for review. 3. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 4. The railroad crossing application with the Public Utilities Commission shall be resolved to the batisfaction of the City Engineer prior to the issuance of building permits on any of the three parcels. 5. Prior to issuing building permits, a revised site plan for the eastern parcel (Building A), containing the items noted below, shall be submitted for Planning Director approval: a. Parking facilities and driveways consistent with Chapters 18.106 and 18.108 of the Code. b. Bicycle rack placement and design. c. Projected use of the building and a justification of the number of parking spaces. 6. Prior to issuing building permits on the two western parcels (Buildings B and C), the following information shall be submitted for Planning Director review and approval: fi a. A revised grading plan b. A revised utilities plan c. A revised site plan which includes: ith onsis ent • (1) parking facilities and driveways c. t w Chapter 18.106 and 18.108 of the Code including a justification of the number of parking spaces based upon the anticipated use of the buildings $s (2) bicycle rack location and design (3) a minimum of one, two-way driveway, 24 feet in width d. An amended landscaping plan including: (1) location of the trees along the northern property line that are not shown on the "Existing Site Conditions" sheet NOTICE OF DECISION SDR 12-84 & MLP 2-84 PAGE 5 OMMMINIMMIMMMI e �4. (2) preservation of this group of trees for buffering purposes (3) retention of as much as possible of the northern landscaped strip that was originally proposed (4) screening along the northern property line that is consistent with Chapter 18.100 of the Code e. A lighting plan which will be compatible with the residences to the north. 7. Prior to occupancy of any building, plant materials shall be installed as shown on the approved landscaping plan for the corresponding lot. 8. This approval is valid if exercised within one year of the final decision date noted below. The third phase must be initiated within three years or a new Site Development Review application will be necessary. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX.� Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON AutiE 6 1,x$4 _ UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is August 6, 1984 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223., 639-4171. 66.r J_wi�r Au_ 'lo' iam A. Monahan, Direct,r of Planning & Development ATE AP ROVED (KSL:pm/0544P) NOTICE OF DECISION - SDR 12-84 & MLP 2-84 - PAGE 6 ._ A•110•11111=1111111111• . . I SANOOUR Miltmommoi, SU;JECT r Air STREE \\SITE 04. mi vIllf „ , . • • . . . . . . , . .. ... ...,. ....„ June 3, 1981 II Mr. Aldie Howard Planning Director CITY OF TIGARD 12420 SW Main P.O. Box 23397 Tigard, Oregon 97223 Dear Mr. Howard: Pursuant to our meeting of this date, I have enclosed the materials you requested. We are particularly concerned about the agreement with the Kittleson, Brown, et. al. partnership, related to the re- sponsibility for funding the cost of the rail crossing in the Southern Pacific right-of-way between our properties. We feel that our easement agreement of October 28, 1980 covers this point in paragraph 4. In order to further clarify the cost responsibility, we sent a letter to Kittleson, Brown et. al. through their broker, Mike Shepard, dated February 3, 1981, a copy of which is enclosed. In as much as the full benefit of this crossing is in their interest, we would appreciate any cooperation you and the City might be able to provide in assuring that it is carried forward in the manner set forth in the easement agreement. The other item we discussed was the review of plans for the Belknap Industries Manufacturing plant. I have enclosed a revised draft of the covenants, conditions and restrictions for the Tech Center Business Park which we intend to record with the plat. These C.C. & R's were the basis for our comments to Fred Van Domelen in the letter of June 2, 1981, which is attached. In order to assure that the standards be beneficial to both us and the City, the Site Design Review should consider the points in the C.C. & R' s when reviewing plans for approval in the Tech Center Business Park. We will provide any cooperation necessary in assisting with this process. Woolom inlernolsnol Propene.* Ip.' t, 'w , ;v 1 B'};.{. a, ., •a -4'. 506. ;ep� Mr. Aldie Howard Page Two June 3, 1981 Thank you again for your comments on the status of our application for project approval. If I can be of any further assistance in reviewing the enclosed documents, please let me know. Sincerely, WESTERN INTERNATIONAL, PROPERTIES obert E. Williams, Jr. REW/jk Enclosures PLANNING COMMISSION MEETING SEPTEMBER 4, 1984 AGENDA ITEM 5.4 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission August 30, 1984 FROM: Keith Liden, Associate Planner " SUBJECT: The Fountains at Summerfield (PD 3-84) revisions At the August 11, 1984 Commission meeting, the first phase of the project received Conceptual Approval and the remainder of the proposal was tabled until the September 4, 1984 hearing. The approval was subject to the following conditions: 1. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. 2. Construction of proposed public improvements shall not commence until after said Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/ streetlight deposit and also, the execution of a construction compliance agreement shall occur prior to the issuance of approved public improvement plans. 3. Vertical Datum shall be City of Tigard (N.G.S. 1929). All existing and established temporary bench marks in the vicinity of the project shall be shown on the construction drawing. 4. Compliance of 18.160.160 (all) with the following exceptions: 18.160.160 A.2. Capped 5/8" X 30" I.R.'s on surface of final lift will be acceptable. 5. The on-site sanitary and storm system shall be maintained by the homeowners associate except for the main sewer line serving the project. 6. All sewer laterals serving more than one unit will require a joint maintenance agreement to be approved by the Engineering Division and recorded with the plat. PLANNING COMMISSION MEMO AUGUST 30, 1984 PAGE 2 7. The storm and sanitary manholes at the north end of 114th Avenue shall be encompassed by public easements. 8. The on-site drainage ditch(s) shall be constructed to provide for ease of maintenance (wide & shallow, grass lined) and public safety. 9. The detailed plan shall be submitted for the Planning Director's approval prior to issuance of building permits. Said plan shall include the following modifications: a. Revised landscaping plan which is consistent with the visual Clearance Chapter. 18.102 of the Code. b. Buildings shall be relocated to meet the setback provisions of the R-20 zone. 10. Applicant will work with the NPO to address concerns for the location of the swimming pool and the 100-foot buffering strip. Applicant will work with Engineering staff to see if an alternative for the cul-de-sac is possible. 11. The project may be developed in phases for up to seven years from the date of detailed approval. A new application shall be required after seven years have passed. In response to Condition 10, the applicant has met with the Summerfield Civic Association, the City Engineer, and NPO #6. A revised site plan has been prepared based upon the outcome of these meetings which includes the following changes: a. A cul-de-sac will be provided at the end of 114th Avenue and it shall be dedicated as a public street. b. The stub street off of 109th Avenue will be vacated and maintained as part of the private street system for the development. c. The pool has been eliminated. d. The number of units has been reduced from 112 to 110 and a 95-foot setback is provided between the eastern dwelling units and the residential lots to the east. The revised proposal appears to resolve the concerns raised at the previous hearing. The Planning staff recommends conceptual plan approval of phases 2 through 5 of PD 3-84 subject to the following conditions: 1. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. PLANNING COMMISSION MEMO AUGUST 30, 1984 PAGE 3 2. Construction of proposed public improvements shall not commence until after said Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/ streetlight deposit and also, the execution of a construction compliance agreement shall occur prior to the issuance of approved public improvement plans. 3. Vertical Datum shall be City of Tigard (N.G.S. 1929). All existing and established temporary bench marks in the vicinity of the project shall be shown on the construction drawing. 4. Compliance of 18.160.160 (all) with the following exceptions: 18.160.160 A.2. Capped 5/8" X 30" I.R.'s on surface of final lift will be acceptable. 5. The on-site sanitary and storm system shall be maintained by the homeowners associate except for the main sewer line serving the project. The publicly maintained line shall have corresponding easements that are acceptable to the Engineering Division. 6. All sewer laterals serving more than one unit will require a joint maintenance agreement to be approved by the Engineering Division and recorded with the plat. 7. The storm and sanitary manholes at the north end of 114th Avenue shall be encompassed by public easements. 8. The on-site drainage ditch(s) shall be constructed to provide for ease of maintenance (wide & shallow, grass lined) and public safety. 9. The detailed plan shall be submitted for the Planning Director's approval prior to issuance of building permits. Said plan shall include the following modifications: a. Revised landscaping plan which is consistent with the visual Clearance Chapter 18.102 of the Code. b. Buildings shall be relocated to meet the setback provisions of the R-20 zone:. 10. The existing stub street off of 109th Avenue shall be vacated and maintained by the Homeowners Association. 11. The project may be developed in phases for up to seven years from the date of detailed approval. A new application shall be required after seven years have passed, or if major modifications including a recreational facility are proposed. (KL:pm/0601P) m;-S Hayden Corporation Tualatin Development Company August 22 , 1984 AUG 2 41984 CITY OF tIGARD Mr . Keith Liden , Planner PLANNING DEPT. City of Tigard P . 0 . Box 23397 Tigard, Oregon 97223 Re : The Fountains At Summerfield (File No . PD3-84) Dear Mr . Liden : As you are aware , we presented this project to the Tigard Planning Commission at their regular meeting of August 11th . As a result of their review, the Commissioners granted approval to the first phase of 14 units of this project and tabled any further discussion until their next meeting of September 4th. During the interum, they requested I meet with representatives of the Summerfield Civic Association, the Neighborhood Planning Organization #6 , and the City Engineer , Mr . Frank Curry , in an effort to resolve some of the concerns that were discussed at the hearing . To date , I have meet with each of these groups and have revised the master plan, addressing the concerns generated at the various meetings . I feel that this new plan will be favorbly reviewed and approved by the Commissioners at their next meeting . Major concern of the Summerfield Civic Association was the location and the need of a swimming pool facility as proposed with this project . The Board of Directors were unable to eliminate the swimming pool facility because it is a decision that will have to be made by the Summerfield community as a whole . Instead, they wanted to have some time to survey the residents in Summerfield as to their specific needs for an additional swimming pool facility , or, instead for Tualatin Development to provide funds equivelant to the cost of the swimming pool facility for use somewhere else within Summerfield . Obviously the survey will take time and does not fit into our intended development schedule . In an effort to work with the residents of Summerfield, I suggested to the Board that Tualatin Development Company remove the area designated for swimming pool facility from their application and that any develop- ment that would occur on this site would have to be reviewed and approved by the Board of Directors of Summerfield , Neighborhood Planning Organization and the City of Tigard . Within the next year the Board of Directors of Summerfield will organize and conduct a survey to determine the appropriateness of a swimming pool on the • site. We hope that the survey will give us a definite direction 15300 S.W.116th Avenue Tigard,Oregon 97223 (503)639-3101 as to the commmunities needs in either creating the swimming pool facility, a satalite recreation facility , or a contribution from Tualatin Development Company for an addition to the existing club house . If the result of the survey determines that this site is inappropriate for any community facility , Tualatin Deve- lopment Company will not add any additional units on this site , instead , the site will be used for landscaped open space . If a swimming pool facility is placed on the site , we will provide a fifty foot landscaped open space buffer between the existing residents to the East and the swimming pool . The Neighborhood Planning Organization had very little comments regarding this project . Their major concern was the fact that they were unable to review this proposal prior to the Planning Commission ' s meeting of August 11th . Therefore , I gave a very detailed presentation including the concerns that were voiced at the Planning Commission Hearing and the comments of the Board of Directors of the Summerfield Civic Association . They did express concern over the county ' s designation of Southwest Naeve Road as a collector street and their intention of placing a bike path as part of the ultimate improvement of this facility . The concerns of the City of Tigard were addressed during our meeting with yourself and the City Engineer on August 10th . Most of the issues discussed at the meeting regarded the dedication and types of improvements to be constructed at Southwest 114th Street and the stub street off of Southwest 109th Street . We have taken Frank Curry ' s suggestion in proposing the construction of a cul-de-sac at the termination of Southwest 114th Street located directly adjacent to the driveway entrance to the Willowbrook Apartments . The approximate diameter of the cul-de-sac improvement will be sixty feet and the public right-of-way dedication will be seventy- four feet in diameter . It is our intent that Southwest 114th Street would be dedicated to the public and that standard driveway entrances to the Fountains at Summerfield project would be directly off of this street . The entrance off of the stub street at South- west 109th Street will not accomodate a cul-de-sac and, as a result , we will be implementing the City 's suggestion in vacating this small section of public right-of-way and assume maintenance responsibility for this street section. The street will be modified in order to make adequate distinction between the existing public right-of-way at Southwest 109th Street and the entrance into the project at this point . We feel that we have adequately addressed all concerns that were raised by the Planning Commission at their prior hearing and look forward to presenting the revised master plan for the Fountains at Summerfield at the Planning Commissions next hearing on September 4th . If you feel it is necessary , I would like the opportunity to discuss with you these revisions to the master plan in greater detail with you , before you prepare your staff report . If you want to set up such a meeting , or if you have any questions , do not hesitate to call me directly . Sincerely, TUALATIN DEVELOPMENT COMPANY 0 ( C..7C Vlad Voyti'ka Manager 111111 Department of Planning and Design VV:ae cc : Don Kliewer Summerfield Civic Association, Board of Directors 8/16/84 .::, a This, is the only action taken at NPO 6 last night - we finally had a quorum when Tower showed up. No one showed for items 4 & 6, so no action taken`. Eunice Day will get the minutes to me for typing in the next few days and I will bring them to Diane Thanks, Jane Miller • .4 A 84 REQUESTS FOR COMMENTS One%F T7�,��D TO: , Z If/io✓Te.d DATE: = • 'f5� FROM: Tigard Planning Department RE: Tualatin Develo.ment Com.an - Fountains at Summerfield Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by , 19 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have, any questions regarding this matter, contact the Tigard Planning Department, P.O. Box 23397, Burnham and Ash Ave. , Tigard, OR 97223. Phone: 639-4171. STAFF CONTACT: -- PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to its, Please contact of our office. Please refer to the enclosed letter. Written comments: Vlad Voytilla of TDC a• •eared before NPO #6 with revised plan based on recommendations of Tigard Planning Commission - • W 9 • W. 0 Uo' .. P.11 • -• • .• -• n • • • . .• Name of Person Commenting: Jane P. Miller, acting chairman NPO#6 (due to absence of Phil Pasteris) Phone No. 620-2038 (KSL:pm/0356P) NPO #6 MINUTES--Wednesday, August 15, 1984, 7 :30 p.m. 1. Called to order by Acting Chairman, Jane Miller at 7 :30 p.m. 2. Roll Call. Presents Atkinson, Day, Miller, Tower, Carver, Smith. 3. Approval of minutes was postponed until September meeting because of lack of quorum. 4. Presentation by Joe Van Lom was postponed. No information. 5. Vlad Voytilla from Tualatin Development Co. made presentation of p Tans for Fountains at Summerfield. Some changes are being made in negotiations with SCA and City. Propose 97 units instead of 112. Delay swimming pool and parking until SCA has opportunity to decide on enlarging clubhouse and pool and to plant 50 ft . in trees as a buffer to abutting Summerf field residences. Sue Carver moved to accept plans as outlined and to recommend that a 50 ft . right of way be allowed on Naeve Rd . instead of the 60 ft . now required . Smith seconded the motion and it passed unanimously. 6. Because no information was available on Zone Change, no action was taken. 7 . No more business . 8. Adjourned at 9 p.m. • Eunice Day Acting Secretary IRX03/111/1. D AUG 2 7 1984 CITY OF TIGARD PLANNING DEPT. August 16 , 1984 HISCIE111!711D. AUG 2 Q 1984 CITY OF TIGARD Mr. Keith Liden, Planner PLANNING DEP'P City of Tigard r P . O. Box 23397 Tigard, Oregon 97223 Re : The fountains at Summerfield (File # PD3--84) Dear Mr. Liden: At the August 14th Board of Directors meeting of the Summer- field Civic Association we reviewed a presentation for this condominium project as presented by Mr . Vlad Voytilla of Tualatin Development Company. As you are aware , Mr . Voytilla reviewed this project with the Summerfield Civic Association as requested by the City of Tigard Planning Commission during their meeting of August 11th. Although we have no objections with the project as a whole , we do have concern with the swimming pool facility proposed in the Eastern portion of the project . Those concerns are as follows : 1) The residents directly adjacent to the proposed pool would perhaps lose privacy ; 2) There is a question as to the need of an additional pool within the Summerfield community due to the minimal use of the existing pool at the club house ; 3) There are perhaps alternative ways in which Tualatin Development may provide a more beneficial service to the residents of Summerfield . Based on these observations , we have reached the following agreement with the Tualatin Development Company : 1) Tualatin Development Company will omit the area of land proposed to contain the pool from their application of this project ; 2) This land, when developed , would be submitted for separate review to Summerfield Civic Association, the Neighborhood Planning Organization #6 , and the City of Tigard; 3) Within the next 12 months the Summerfield Civic Association will conduct a survey to assertsin the specific needs of the community for either an additional swimming pool facility to be located on the site, an addition to the existing club house, . Page 2 or the construction of a satelite recreation building located on this site ; 4) Depending on the results of the Civic Associa- tion study, Tualatin Development Company will construct either the swimming pool facility or satelite recreation facility on the site within the Fountains Condominium project , or contribute in an effort to make an addition to the existing Summerfield Club House; 5) If a swimming pool facility is placed on the site within the Fountain Condominium P roject , a fifty foot landscaped open space, containing only ever- green plant material , will be placed as a buffer between this facility and the adjacent residents within the Summerfield Phase 14 . We look forward to having this last phase of Summerfield completed and thank the City of Tigard for allowing us to review this project in more detail . Sincerely , Board of Directors Summerfield Civic Association e dgat&a,t,t,/ 4 Gyl STAFF REPORT AGENDA ITEM 5.5 SEPTEMBER 4, 1984 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Planned Development (PD 4-84), Subdivision (S 9-84), Zoned Change (ZC 12-84) and Variance (V 15-84) REQUEST: Request by G. Ferd Wardin for a rezoning from R-4.5 (Residential, 4.5 units/acre) to R-4.5 (PD) (R-4.5 units/acre, Planned Development) Detailed Planned Development approval and Preliminary Plat approval of a 43 lot, single family residential development. A variance to the maximum cul-de-sac length of 400 feet to allow a 460+ foot long cul-de-sac is also requested. The property is located on the north side of S.W. Sattler Street between Lauralinda Park and Scheckla Park subdivision, Tigard (Wash. Co. Tax Map 2S1 11AD, Tax Lot 6500). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT: David L. Farr OWNER: G. Ferd Wardin Farr Development Co. 915 E. First St. 9520 SW Beaverton Hwy. Newberg, OR 97132 Beaverton, OR 97005 2. Background Sattler Park Estates received preliminary approval in 1979 (ZC 22-78, Ord. 79-52), however, the project did not proceed. In 1981, a revised proposal featuring 34 common wall units, 3 single family residences, and a 3.7 acre open space area at the northern end of the property. This project also did not materialize. 3. Vicinity Information Single family residential subdivisions zoned R-4.5 and R-4.5 (PD) abut the property on the east, north, and west. The Summerfield development which zoned R-7 (PD) is located to the southwest on the opposite side of Sattler Street. The remaining area south of the street is undeveloped and zoned R-4.5. Except for this undeveloped parcel, the surrounding properties are within an Established Area as identified in the Comprehensive Plan. STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 - PAGE 1 'ra A wooded tract adjacent to the northeast corner of the property is owned by the City as park land. It contains a drainageway for the ponds and a bicycle/pedestrian path which connects 89th Avenue with Scheckla Park. 4. Site Information The property is undeveloped, relatively flat, and it contains two small man-made ponds near the north end of the parcel. The ponds are not +' identified in the Comprehensive Plan as a sensitive land area or as open space. The applicant proposes to develop a 43 lot, single family residential subdivision. Lots will vary between 4,250 and 8,680 square feet in size. Two separate parcels of 0.82 and 0.61 acres which include the two ponds are proposed to be dedicated to the City as park land. The addition of a Planned Development zoning designation is requested to allow for a planned development instead of a standard subdivision. +" This development will connect the two stub streets which presently terminate at the east and west sides of the property. The primary za access to the development will be provided by a local street intersecting with Sattler Street and terminating with a cul-de-sac near the northern end of the project. The cul-de-sac is proposed to be 460 feet in length from the intersection with the subdivision cross-street. The area around the ponds is to be cleared selectively, however, they are to basically be retained in their natural state. The cul-de-sac street will extend between the ponds. The land adjacent to the ponds is proposed to be dedicated as a City park. 5. Agency & NPO Comments ' v The Engineering Division has the following comments: a. Sattler Street is a minor collector street which requires a right-of-way width of 60 feet. b. Joint use and maintenance agreements should be required for all common driveways. 1'i` c. The Code requires that street intersections are not less than 60°. t_, d. The street intersection should be modified to be consistent with Section 18.164.030 H. 1. . 1 r. e. Sidewalks should be 5 feet wide and adjacent to the curb except along Reiling Street between 91st Avenue and Scheckla c . Park Estates and along Sattler Street where they should be 1't constructed along the right-of-way line. 1; t r^< I STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 - PAGE 2 G .' 1 f. Interior streets shall be dedicated to the public and shall be improved to City local street standards (50 feet right-of-way, 34 feet between curbs), including curbs, sidewalks, streetlights, driveway aprons and wheelchair ramps. g. The City Park Board should review proposed "Park Dedication" of ponds. h. Private streets (designated Tract "C" & "D") require that a bonded maintenance agreement be filed with the City or that a homeowners association be created to assure continued maintenance. (T.M.C. 18.164.030(S)(2)). i. Storm drainage and sanitary sewer details should be provided as part of the public improvement plans. B. ANALYSIS AND CONCLUSION The proposed development is basically in conformance with the purpose and intent of the Comprehensive Plan and Community Development Code. There are several aspects of the project that should be noted and perhaps discussed in more detail during the public hearing. 1. Zone Change The Zone Change to add the Planned Development (PD) overlay zone to the R-4.5 designation is consistent with the R-4.5 (PD) zone which applies to Scheckla Park Estates to the east. The overall density allowed on the property remains unchanged. 2. Subdivision Lots The lots range in size from 4,250 to 8,b80 square feet. Setbacks of 15 feet for front and rear yards, 4 foot side yards, 10 foot street side yards, and 20 feet between garages and property lines are proposed. It appears that each lot will have an adequate buildable area. The setbacks on the periphery of the development must meet the requirements of the R-4.5 zone. Also, a house on Lot 29 must maintain a 10 foot side yard setback from the eastern property line as required in Section 18.96.090 of the Code. 3. Density The R-4.5 zone allows for a maximum, density of 4.5 units per acre. Chapter 18.92 of the Code provides a method for calculating the allowable density for a specific proposal. Sensitive lands, park land dedications, and public facilities (e.g. streets) are subtracted from the total to produce a net acreage. The net acreage is then divided by the minimum lot size (7,500 square feet) to establish the maximum number of units allowed. STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 PAGE 3 The answer for the density calculation varies depending upon disposition of the ponds. If the ponds are not dedicated to the public and not considered as a sensitive land area, 44 lots are permissible on the property. When the ponds are subtracted from the gross acreage, 40 lots are allowed. If the proposed park land is dedicated as shown, 38 lots are permitted. 4. Density Transition Area Section 18.40.040 of the Code provides that when developing within 100 feet of an Established Area, the density within this 100 foot wide area may not exceed 125% of the density allowed by the Comprehensive Plan. Accordingly, a 100 foot strip along the west, north, and property t s p party lines may not have more than 6.25 units per acre. The 100 foot wide boundary area contains 5.31 acres and 31 lots for a density of 5.8 units per acre. 5. Park Land The proposed park land dedication would need to be reviewed by the City Park. and Recreation Board. Based upon the City's present financial situation and resulting difficulty in maintaining existing parks, acquiring additional land is probably not desirable. The land could be maintained by a homeowners association and dedicated to the public at a later time when the City's financial situation improves. 6. Variance No objections were received in regard to the variance to exceed the maximum cul-de-sac length noted in the Code by 60 feet. Section 18.160.120 B. states the following: A variance may be approved, approved with conditions or denied provided the Planning Commission finds: 1. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; 2. The variance is necessary for the proper design or function of the subdivision; 3. The granting of a variance will not be detrimental to the public health, safety and welfare or injurious to the rights of other owners of property; and 4. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this ordinance. STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 - PAGE 4 The applicant has submitted the following response to these approval criteria: a. The previously determined street stubout locations of S.W. Reiling Street determined the southerly intersection location. The position of the cul-de-sac was placed so as to provide more usable ground adjacent to the ponds. It is felt that a variance of approximately 60 feet in length tends to preserve the ponds adjacent area. b. The variance requested is the minimum required to serve the land adjacent to the cul-de-sac and preserve the ponds as opposed to using the City standard of 400 feet and causing unnecessary construction directly adjacent to the ponds. c. The granting of this variance will not be detrimental to the public health, safety or welfare and will not injure any adjacent property rights. d. All other City requirements for street construction will be met. Sewer, storm drainage, water supply and utilities do not pose any problems due to this request. Traffic circulation will be virtually the same as any other cul-de-sac. The Planning staff concurs with the rationale presented by the applicant. However, this is based upon the assumption that development around and north of the ponds does not conflict with it any sensitive lands or environmental issues. As stated above, the proposal warrants additional discussion before a complete set of recommended conditions can be established. tl C. RECOMMENDATION The Planning staff recommends approval of PD 4-84, S 9-84, ZC 12-84, and V 15-84 subject to the following conditions: 1. Standard half-street improvement to minor collector standards including sidewalks, curbs, street lights, and wheelchair ramps shall be provided along the S.W. Settler Street frontage to match the alignment of existing improvements. 2. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for approval. 3. Storm and sanitary sewer details and pond details shall be , provided as part of the public improvement plans. STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 - PAGE 5 4. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 5. Joint use and maintenance agreements shall be recorded for all common driveways and copies of the recorded document(s) shall be submitted to the Planning Director. 6. The intersection of 91st Avenue and Reiling Street shall be modified to be consistent with Section 18.164.030 H.1.. 7. Additional right-of-way shall be dedicated to the public along the Sattler Street frontage to increase the right-of-way to 30 feet from centerline. The legal description for said dedication shall be on City forms and approved by the Engineering Division and recorded with Washington County. 8. After review and approval by the Planning Director and City Engineer, the final plat shall be recorded with Washington county and a mylar copy of the recorded plat shall be submitted to the City Engineering Division within 15 days of recording. 9. Survey Conditions apply as follows: a. Compliance with Section 18.160.160 (All) with the following exceptions and notes: Exceptions: (1) 18.160.160 A.2. Capped 5/8" X 30" I.R. 's on surface of final asphalt lift will be acceptable. Notes: (1) 18.160.160 B.1. Point numbers for all points in C.S. 20,223 have been increased by one. Ex: point No. 56 is not point No. 57. This was due to improper point numbering in S.C. 19.947. (2) 18.160.160 B.2. Local grid coordinates are acceptable. The City will make transformation to State Plan coordinates. STAFF REPORT - PD 4-84, -S 9-84, ZC 12-84, V 15-84 - PAGE 6 18.160.160 Monumentation, Basis of Bearing Requirements and Acceptance of Improvements A. Monumentation 1. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. 2. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. 3. The following centerline monuments shall be set: a. All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; b. Center of all cul-de-sacs; c. Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C.). d. All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 10. The zoning map designation shall be changed from R-4.5 to R-4.5 (PD). 11. This approval is valid if exercised within one year of the final decision date. The final plat must be filed within this time period or the approval shall expire. dellar01111111" 4.14401114 PREP D BY: Keith Liden APPROVED BY: William A. Monahan Associate Planner Director of Planning & Development p'. (KSL:pm/0604P) ' STAFF REPORT - PD 4-84, S 9-84, ZC 12-84, V 15-84 - PAGE 7 ti PLANNING COMMISSION MEETING SEPTEMBER 4, 1984 AGENDA ITEM 5.5 & 5.6 MEMORANDUM CITY OF TIGARD, OREGON TO: PLANNING COMMISSION AUGUST 30, 1984 FROM: PLANNING STAFF SUBJECT: ITEMS 5.5 and 5.6 on September 4, 1984, Plannning Commission Agenda Items 5.5 and 5.6 should be continued to the October 2, 1984, Planning Commission meeting to allow time for citizen and NPO input on those items. 0599P :�•��� � '.•J�trY•`'r:r `t9'�tj�4 » �r�i d aytJ&�'fi' :"•t +!Y+tM,*kp,+?6 a,u, rnb4`" k'AVM;� H? � C ,, a..Y'•+,• :•y, .. y. 1�r^ r �-.V�ty.,' 4'�k,,�+^."�C"kc n�"� Gi.:F° + , �'?ryt•<A;e �" -a • P� a,.�c�• �, ,Pirt'`• ti4. , ` { .J �,.._.. - - .... - .- ,., _ - W rA�tIY,' ...L?;}"'`a ` yv. y4 i 3. ,r >., .., - .01 .'t. i. ,., - �. t .Y: -.wr..,..rc,- • x; t3 rH. A� ,iii, r. ,,ti„� 5 iV' ,. ,• .,,, ^{, ,;,�'sr• t* '..„4"4,•,• T "err "b r;I i r t x. °'. tM•.: .r>t r a y ,. .:.x •. £,. .71•,„ ,•. '1F/'" ,.,I' �''a. ,''4,Rt. 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