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16000 SW NAEVE STREET FILE NO. NAEVE STREET - 16000 STR. OPN. PERMIT APPLICATION - STREET IMPR( TENT/EXCAVATION COPY TO: LE OFDINAI,„ E NO (YEL - 74-14 F,.)• (YELLOW)•INSP. (INSTRUCTIONS ON SEPARATE SHEET) (PINK)-OTHER AGENCY R (BLUE)•APPLICANT APPROVED APPLICATION %0. _4.00 NOT APP'RC-VED CITY OF TIGARD, OREGON FEE AMT.. f__4.8-.00__.. PENDING FEE. PMT. ❑ CITY HALL. F:ECEIP�T B77 PENDING SECURITY ❑ PUBLIC WORKS DEPARTMENT 9Y--+ �� DATE 1 - PENDING AGENCY ''OK" ❑ Application and Progress Rerord PENDING INFORMATION ❑ I-OR STREET IMPROVEMENT/EXCAVATION MAINTENANCE BOND w8 R +► EQUIRED x ANNUAL PENDING VARIANCE EXPIRAT N D TE: iF p year PERMIT NO.: . 3S-'9© DATE ISSUED: _ L_�Ll cIp BY. (1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL _CnnC. siJ'c-walk.. d curb AS DESCRIBED HEREIN, IN FULL �A�C,':ORDANCE 1NITH CITY REQUIREMENTS, ybfe�C� _ _ APPLICANT ._.ApL'X_�IIdl��@ �6 _H1__6ox 60A Banks, OP. 324- _ _ _ 87.70 324--20011 NAME ADDRESS CITY PHONE CONTRACTOR— (aallffi) ..___ _C17Y - --_P-HONE_— NAME PLANS Bl' Per City StandardlSoecifications NAME ADDRESS CIT-- PHONE ESTIMATED IMPROVEMENT TOTAL VALUATIOI I ( COST): $ _L200,00 __ OOLLA.AS (2) EXCAVATION DATA: FOR OFFICE USE --` --"- t`mIN'' n.n4 x s 12M-M-= S STREET DESCRIPTION PROGRESS & INSPECTION STATUS NAME SURFACE CUT CUT CUT MAI ERIAL INSTALLED ITEM DI TE REMARKS/TYPE BY TYPE LENGTH WIDTH DEPTH IT.EM A QUANTITY STREET -OPENED _ mapvp St. Conc. 481 81 C.R. & Conc. R SP E --- ---_ O U _..----- ESTIMATED STREET OPENING DATE: / / E ESTIMATED STREET CLOSING DATE: / / T --`� E D STREET (3) SECURITY NO. _ _ SECURITY AMT: S 14200II 0_. CLOSED ::;: SURETY CO A—. _ L , CERT-IFIED_CHELK COSH ❑ 11ONL INSPEC. I INL t (4) PLOT PLAN INDICATE .SITE PERTINENT PHYSICAL — SPECIAL PROVISIONS, CONDITIONS: FEATURES, EXCAVATION LOCATION AND EXTENT. 1. All sidewalk & curb work shall conform to City Standards & Cauerg. I 1 I I 7_ Traffis�nd.�et'�Q 1 na S4ll ,1'nl cuke ' �� _ _ _ _ -- - _ _ _ _ _ _ .,� _ _ to be provides for 12Y the ,contrac tom. ------ NnEVV AT- 3. Nalif y CRs _ _ _ J■- _ _ _ _ _ City inspector, 24 hrs prior to start of work; also inspection prior to pouring of concrete is I — ' required. SDF 139--10_is-applicable hereto. (5) NOTE THL CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF ORECDN. THE APPLICANT AGREES TO GfPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL. PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO !;AVE HARMLESS THE CITY AND EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS. ti\ APPLICANTS SIGNATURE 1 R/W CURB JOINT SEE NOTE 5 f — 2% _� ROAD -IiI is_ \ I �2" OF 3/4„—r COMPACTED SUBGRAOE -'.:iIDEWALK ADJACENT TO CURB R/W MI IV 6• i i — I ROAD_ ---- ►'—' 2 tsE:E NOTE 5 2” OF 3V4"-O COMPACTED SUBGPAOE SIDEWALK AWAY FROM CURB NOT E S I CONCRETE SHALL BE 300C PSI. AT 28 DAYS , 6 SACK MIX , ?;.UMP RAN.F- OF 1 /7 TO 3 2. PANELS TO BE 5 FEET LONG 3. EXPANSION JOINTS TO BE PLACED AT SIDES OF DRIVEWAY APPROACriE'., UTILITY VAULTS ,WHEEL.CHAIR RAMPS , 5 AT SPACING NOT TO EXCEED 45 Fr. 4 FOR SIDEWALKS ADJACENT TO THE CURB H POURED A.T THE SAME TIME AS THE CURB, THE JOINT BETWEEN THEM SHALL BE A TROWELED JOINT WITH A MIN I/2"RADIUS. 5 SIDEWAL . HAVE A MINIMUM THICKNES.`i OF 6 INCHES IF MOUNTABLE CURB IS �U OR IF SIDEWALK "I INTENDED AS PORTION OF DRIVEWAY . OTHERWISE SILEWALK SHALL HAVE A MINIMUM THICKNESS OF 4 INCHES . 6. DRAIN BL.00KOUTS IN CURBS SHALL BE EXTENDED TO BACK OF SIDEWALK WITH 3"DIA. PLASTIC PIPE AT 2 % SLOPE CONTRACTION JOINT TO BE PLACED OVER PIPE. WASHINGTUO COUNTY DEPARTMENT OF LAND USE CONCRETE SIDEWALK AND TRANSPORTATION DATE CIVIL ENGINEER a DRAWN APWA NO. WASK COUNTY NQ AEA NONE CS - 305 2 . of cuRe WIDTH OF STREET DRAINASE tLOCKOUT /�- 3" I.D. PL.A;SrIC PIPE WITH CCUPLING I" R ROAD -_ iO • • 2 MAX. 'D � - ILL BASE COURSE • 4 o n^c, I. FOR DESIGN SPEEDS GREATER THAN -40 MPH THE EMERGENCY MOUNTABLE CURB CS-300 SHALL BE USED. 2. CONCRETE TO HAVE A BREAWNG STRENGTH OF 3000 PS.1. AFTER 'I8 DAYS EXPANSION JOINTS . A. TO BE PROVIDED 1) AT FACH POINT' OF TANGENCY OF THE CURB . 2) AT EACH COLO JOINT . 3) AT EACH SIDE OF INLET STRUCTURES. 4) AT EACH END OF DRIVEWAYS . 5) AT LOCAfIONS NECESSARY TO LIMIT SPACING TO 43 FFET 8. MATERIAL TO BE PRE - MOLDED, ASPHALT IMPREGNATED, NON-EXTRUDING, WITH A THICKNESS OF 1/2 INCH_ 3 CONTRACTIOI ,JOINTS A, SPACING TO BE NOT MORE T14AN IS FEET B THE DEPTH OF THE JOINT SHALL BE AT LEAST 112 INCHES . 4. BASE ROCK - 2"-0 OR 3/4"-0 , 05 % COMPACTION. BASE ROCK SHALL BE TO SUBGRADE OF STREET STRUCTURE OR 4" IN DEPTH , WHICHEVER IS GREATER b DRAINAGE BLOCKOUT - 3" DIA. PLGSTIC PIPE . A. I.D. PLASTIC PIPE_ WITH COUPLI,"G. 8. DRAINAGE ACCESS THROUGH E',KISI ING CURBS SHALL BE CORE DRILLED OR CUF 2 SAW CUT VERTICALLr 18" EACH SIDE OF DRAIN B REPOURED TO FULL DEPTH OF CURB. j ; ;-WASHINGTON CC,OUNTY CURS NON - MOUNTABLE DEPARTMENT OF LAND USE FOR USE ON MEDIANS TRANSPORTATION DATE CIVIL E14GINEER DitAWN At>WA NO. WASH COUNII NQ 89 I� ( MOD.) CS-� 301 _ u �yI T p t �r �t COC) ac L, ?vu.-r n�P•oc`� 1/�c�SN S N�R��2'� ''T.� cy � `_� Zrx� rCITYOF TIRD February 9, 1990 OREGON Apex Industries HCR 61 Box 60A Banks, OR 97106 RE: Street Opening Permit 335-90 Dear Mr. Ward: In the matter of the one thousand two hundred dollars Agreement with Depositor and Trustee on savings Acct No 165-6030-309 between „1#�ex Industries _ and U.S. Bank of Oi•eg.. n and the City of Tigard, Oregon; this is to serve as written acknowledgement that the City has no furtther interest in sa_d Permit — Boni a.id, therefore, declares that this assurance obligation is void. If you have any questions regarding thie matter., please contact me at 639-•4171 . Sincerely, ) John S. Hagman N Engineering Technicain jr/apex.JSH 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (!M)639-4171 — ---- -- 7-0 - l Cil� Ale- Cot/ r.Jcs N f� =R.I�/'s 8a, - C?C t fs �O v �2 . �� c�+ 'Ndt rt--)\j&ll�v N s ram ss P"j REICIIIVgo � 0i� r CITY OF TIGARD RECEIPT OF PAYMENT PEC NO- OOJ.C,6e'77 CHE&- AMOLIN'T Fri.00 NAME: APEX INDUSTRIES CASH AMOUNt .00 IiDDRESSi HCR 61 BOX 60A PAYMENT DATE 01- 111-90 BANKS, OR 971.06 SL OD. NOiAODR; riff(P-135f: OF PAYMENT AMOUNT P61 F'IJFPOSE OF PAYMENT AM0,447 PAIL -------- --- - .+LJC IMPPOVEM �10-43600 43,,00 STREET OPENNG PERMIT mAm vou TUAL AMOUNT PAID - 48.00 USNB 185th & SUNSET "In . 503 645 95,1<-: Jar 12 90 18 :04 P .02/02 —. 1 • 01/10/90 09.26 Tr503 $84 7287 CITY OF 71(;Ak;) X041 XGRREMENT Kl'Cti DSp0S.;T0R ARL) TKUNT" ON GAV"tWS OA AKPWTT ^•-' This agroeunent is to Che purpoee of tji rl bb ng thu requirements of atXaet Opening Permit / 355- ( , dated 1/ 1/ _ ___ --___ between the City of TiCRrd and Vex n unit ies ana is entered into by the De sitor A ex In ustr lbs and ._ ank o ' Oregnn trustee. The undersigned depositor and trustee do hq..0by assign the right Co the City of Tigard to deteVol o mo t its discretion the paymont or all funds or securities held byy 11.S. Ben of Oregon as trustee In the aunt of 12(70.00 in Savings Account No. 105- 010-3On , or Deposit No. -�r,_,_�. In the __.Old hank !.n ecuordance with and for the qurpose of bonding _—the improvement& described in the above stated Street Opening Permit. It to undoretood end agreed that the _ll•S• Rank of Oregon will hold such funds or eoourities in the amount of S_ �_ . until an authorization or dirsction for payment is recei.sed from the City Of Cigard and that the City 9, Ttgard has the right to wither+w Prinalpal Funds wi•:h City of Tigard signature only, in the evwnt of Icon-Ferfo.mance. All fund deposits Aha11 be renewable at maturity and at ratee and tests in effect at the tion, of renewal, and all interest shall be paid to or acorued as directed by the Dospositor notwithstanding anything contained herein to tihe 0ankrary. . That accnul.t is to remain open until such time as all Publio Improvement@ are completed aid acceyted by the city of Tigard. pigned an,1 dated at: Portland Oregon. This -„ I i r h _ day of Tanuary M� i )90 8ignaturA - city of Tiejard Signature )f bapwsitor Address Address ACCtPTANCZ The undersigned here>ay accept a the tunds or securir.iee drrposited in the amount of 411�l0.0.4 thi.s 11th day of _January _ _ , 1990 , and hereby Aoknowledgts receipt r.1f the Passbook savings Account No, 65- x'309 J ) or the Certificate for Deposit No. i or nertifiea 'that there is no Yaeetbook Leaned for this account. It is further agreed that paid account will be held for the Veen and purposea above sta.telt ur t Ll authorization for diapositlon iv grantod by the City OD 'Tigard. 185th & SUNSET BRANCH N165 Author Ln .d a4gnakur• _ ._.. •� br/wl Wcomp.mat 60 !4r • • ♦ ►T• M•4 •F! 6 Mr I ,Y• T rA l* • • M a M•C TO:..�LL%.- --- - No or DEPT: FAX M•!Lv,3 ' PAGES 9 - - USNP I85th .R.-.-^J1NSFT ",Jo . 503 645 9548 Ja- 12 .90 18 :04 P .01/02 NCORP DATE: I /��/��� TO: 11A W�q po wdt- "Y STATE OF OREGON CONSTRUCTION CONTRACTORS BOARD BOND RIDERS This rider is to be attached to and form a part of band 964752C issued to MICHAEL JOHN WARD DBA APEX INDUSTRIES CCB#/ 5%1 TO CHANGE HE AMOUNT OF THE BOND: The sum of the bond is changed from FIVE THOUSAND p Dollars ($ 5,000.00 _) to TEN THOUSAND Dollars (S 10,000.00 TO CHANGE FROM RESIDENTIAL ONLY (PRESENT LANGUAGE.) TO INCLUDE NONRESIDENTIAL: The conditions of the bond are amended to read: Now, therefore, the conditions of the foregoing obligation are thar if said principal, with regard to all work done by the principal as a "contractor" as defined by ORS 701 .055, shall pay all amounts that may be ordered by the Construction Contractors Board against the principal by reason of negligent or improper work or breach of contract in performing any of said work, in accordance with ORS 701 . 140-701. 160, Chapter 923 Oregon Laws 1989, and Oregon Adminstr.ative Rules C'rapter 812, then this obligation shall be void; otherwise to remain in full force and effect. This bond is for the exclusive payment of final orders of the Construction Contractors Board in accordance with ORS Chapter 701 . i TO CHANGE THE PERIOD OF THE BOND FORM TWO OR MORE YFAAS: The period of the bond is chan?,ed from one (1) year to NO CHANGE (2) (3) (4) years. This bond shall be one continuing obligation and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty of this bond. This rider shall become effective JANUARY 1 1990. MICHAEL JOjW WARD DBA APEX INDUSTRIES INDEMNITY COMPANY OF- ALIFOR\IA \ (signature) - Susan Ulmer Attorney-In-Fact (name and title) RECEIVED IAN 3 1990 CITYOF TIGARD OREGON October 2.6, 1989 Mel Tennent Chairperson, Fountain Condominiums Association PO Box 23713 Tigard, OR 97224 Dear Mr. Tennent: On July 11, 1989, the City of Tigard Planning Commission approved the Fountains Condominium Assaciatione request for construction of a brick wall across the Fountains' Naeve Street entrance (SDR89-10) . The Comminsions approval is subject to replacing the existing driveway apron with a standard street curb and sidewalk and obtaining a street opening permit from the City of Tigard Engineering Division. This condition was clearly stated on page 5 of the Commission's July 24, 1989 final. order. The brick wall has subsequently been constructed thereby closing the entrance but the driveway apron has not been replazed as required. This creates a potentially dangerous gituation,. especially at night, for a motorist who may see the driveway approach and begin turning before seeing the wall. it is imperative that the Condominium Association immediately correct this situat' -- in compliance with the Planning Commissions approval of your application. Please contact John Hagman of the Engineering Division regarding curb and sidewalk specifications as well as to obtain a street opening permit for this work. Sincerely, Y //4, .rr f f Assistant Planner Jr/FCA—O cc: Planning Commissioners John Hagman, Engineering Division Coy Humphrey, Code Enforcement Officer 13125 SW Hall Blvd.,P U.Box 23397,Tigard,Oregon 972.23 (503)639-4171 — --- u CITY OF TIGARD Washington County, Oregor NOTICE OF FINAL ORDER - BY PLANNING C) MISS ON 1. Concerning Case Number(s) : SDR 89-10 2. Name of Owner: All owners within The Fountains Condominiums at Summerfield Name of Applicant: Mel Tennent - Fountains Condominium Association 3. AdJress P.O. Box 23713 __. City Tigard _ State OR Zip 97223 _ 4. Address of Property: _Naeve Street Tax Map and Lot No(B) . : 2S1 10DF, Supplemental M_ap_# 1, tax lot 90000 5. Request: An appeal of the Community Development Director's Site Development Review approval of a request to amend the approved, deve�.o ped site plan for the Fountains at Summerfield _condominiums to eliminate the access to the development from Naeve Road. The approval aliowB closing the access to through traffic onli• if an emergency access on Naeve Road is provided. The applicant•Lapppllant _had requested total closure of the access. ZONSt R-25 (PD) Residential, 25 units/acre - Planned Development) 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(B) Y_ Owners of reccrd within the required distance X The affected Neighborhood Planning organization X Affected governmental agencies B. Final Decision: THE DECISION SHALL BE FINAL ON Auguet 8, 1989 UNLESS AN APPEAL IS FILED. The adopted findings of fact, deci.nion, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P .O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 13.32.290(A) and Section 18.32.370 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 In August 8, 1989 10. Q-.estions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. bkm/SDR89-10.BKM CI"Y OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 89--_2j_PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLU.,IONS WHICH APPROVES 'HE CLOSURE OF AN EXISTING DPIVEWAY (SDR 89-10) REQUESTED BY THE CONDOMINIUM SOMEOWNr:P'S ASSOCIATION OF THE: FOUNTAINS AT SUMMERFIELD CONDOMTNIUMS. The PlannLng Commission reviewed this application at a public hearing on July ; 1, 1989. The COmmiOsion's decision is based upon the facts, findings and conclusions noted below: �. FACTS 1. General Information CASE: Site Design Review SUP 89-30 REQUEST: A request by the Condominium Homeowner's Association of the Fountaire at Summerfield cundomini'ims for administrative approval of a major modification to an existinq development's site plan and site improvements. The applicants request l,,rmiseion to close the SW Naeve Street access to the Fountains condominiums. Closure is proposed to be accomplished through continuation of the devglupment's existing brick wall along SW Naevo Street across the existing driveway. COMPREHENSIVE PLAN DESIGNATION: Medium-high Density Rebtdential ZONE: R-25 (PD) (Residential, 25 unite/acre - Planned Development) . LOCATION- south side of Naeve Street, approximately 750 feet east of Pacific Highway (WCTM 2S1 IODB, talc lot 90000) . 2. Background �'.. The Su►rimerfield planned community received its first City development approval in 1972 and has d9veloped in a series of phases Hince that time. The Fountains at Summerfield condominium development was approved by the Planning Commission on August 7, 1984 (PD 3-84) . The Fountains have since been develuhed in 16 phases. 3. Vicinity Information SW Naeve Street and two single fan0ly residences border the Fountains at Summerfield development on the north. Three relatively large, mostly undeveloped parcels zoned R-25 (PD) (Residential, 25 units/acre-Planned Development ) and R-12(PD) (Residential, 12 units/acre-Planned Development) are located on the north side of SW Naeve- Street. SW Naeve Street is functionally classified by the City's Transportation Plan Map as a minor collector street. At present, the street is undersized and gravel surfaced between S.W. 109th Avenue and Pacif'-c Highway except along the Naeve Street frontage of the Fountains. F 1 NAT, GIRDER -- SDR 09-10 FOUNTAINS CONDOMINIUMS - Page 1 This section is paved to approximately 28 feet In width and includes a sidewalk and curb on the southwest side of the street. Previously developed phases of, the Summerfield planned commLnicy containing single family residences, apartments, and condominiums are located to the east and south of the Fountains. :lW Summerfield Orive, a fully improved minor collector public street, extends east to weat through Summerfield and borders the Fountains dt Summerfield condominiums on their southern edge. SW Summerfield Oiive intersects Durham Road at a signalized intersection across from the Tigard Town Square Shopping Center. Mostly vacant properties zoned CG (PD) (General Commercial - Planned Development) are located to the west of the Fountains at Summerfield. Commercial operations on some of these parcels are located on the western edges of the properties. 4. Site Information, and Proposal Description The Fountains condominium development includes 110 condominium units located on approximtitely 9.3 arses. Access to the Fountains from public streets is provided at four .locations: SW Naeve Street approximately 750 feet east of Pacific Highway; SW 109th Avenue; and two driveways off of SW 114th Avenue. The applicants, the Condominium Homeowners Association, have requested permission to close the Naeve Street access to the 'Fountains by continuing. an existing 42 inch tall brick wall on the development's Naeve Street frontage across the existing driveway, Ilecauae the proposal changes accessways to an existing development in a way that could affect off-site traffic, the proposal is required to be reviewed as a major modification to an approves: site plan through the Site Development Review process. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and has provided the following comments: a. The Fountains is a 110 unit development currently served by 4 accesses. The Community Development Code requires a minimum of three access points for a development of this size. b. Closure of the access to Naeve Street would result I. the northernmost dwelling units within the Fountains being approximately 900 feet from either S.W. 1.14th Court or S.W. 109th Avenue, both public streets. Being this far from a public access is not a desirable situation for emergency police and fire protection purposes. Access to public utility facilities would not be affected since thesF utility providers can gain access to their facilities from the other access points and their access needs are not of an emergency nature. C. The Engineering Division has no objection to the proposal to FINAL. ORDER - SDR 89-10 FOUNTAINS CONDOMINIUMS - lage 2 close the Fountains' access onto S.W. Naeve Street. However, the Division recommends that an emergency access be provided along this frontage for police and fire protection purposes. Waph+.ngton County Fire District #1 has reviewed the original prcposal and has commented that the District strongly objects to the proposed elimination of the S.W. Naeve Street access to the Fountains. The District has commented that emergency vehicles already face difficult maneuvering within this development during non-emergency situations and closing the S.W. Naeve Street exit. would further :educe response times to units within the northern portion of the development. In addition, the DisLrict has commented that because both of the access points from SW 114th Court are off of one short street, this situation should effectively be considered one access. The Planning Division contacted the Fire District regarding whether the Fire District would be amenable to having the access closed to all but emergency vehicles through use of a gate with an emergency opening device. The Fire District commented that such gates often become problems becauarb of :lack of maintenance and later confusion regarding who nas re;irionsibility for maintaining the gate. Nevertheless, the District will agree to a gate providing euiergendy access to the Fountains from S.W. Naeve Street if the Diatrtct has the opportuni-ty to review the gate plans prior to construction and if the Homeowner."A Association agrees to -the long term maintenance of the gate. The Summerfield Civic Association Board has commented that they have no objection to the proposal. The Building Division had reviewed the J�roposal and had offered no comments or objections. No other comments have been received. B. ANALYSIS AND CONCLUSION Section 18.120.070(B) (6) of the Community Development Code states that a proposal to alter an existing development by changing ar_cessways such that off-street traffic would be affected constitutes a major modification to an approved site plan. Major modifications to approved site plans are required to be reviewed subject to all standards and requirements of the Site Developr.ient Review section of the Code. The only subsection of Section 1J. 120.180 (Site Development Review -- Approval Standards) which staff has found to apply to the present application is subsection 18.120.180(A) (11) . Access and Circul.ationr a. The number of allowed access points foo: a development shall FINAL ORDER - SDR 89-10 FOUNTAINS CONDOMINIUMS - Page 3 be as provided in Section 18.108.070; b. All circulation patterns within a development shall be designed to accommodate emergency vehicles; . . . Section. 18.108.070(D) requires that a development containing between 100 and 200 dwelling units be served by a minimum of three access driveways. The 109 unit Fountains development is served by four access driveways: 1)i;on S.W. Naeve Street; 2) on S.W. 109th Avenue; 3) at the northern end of SW 114th Court; and 4) on the west side of SW 114th Court approximately 200 feet south of the other SW 114th Court driveway. Closing the SW Naeve Street driveway access would leave the development served by three access driveways in conformance with this Code access requirement. The original internal circulation plan for the Fountains development appropriately provides for 24 foot wide private accessways throughout the development in conformance with Code standards. The narrative submitted with the original planned development application for the Fountains noted that: "To minimize the tendency of cff site traffic to use the private streets as a short cut such as the street connecting S.W. Summerfield Grive to Naeve Road, - two landscaped and fountain accented turn-around structures have been c--eated. The primary functions of these struct,-ires is Lo slow vehicles down and discourage thru traffic. . . ." Although the residents apparently feel that the turn-around structures do not do enough to discourage through traffic and slow traffic movementQ, the Fire District finds that the turn-around structures along with the narrow streets slow vehicles down, especially large emergency vehicles. The Fire District has commented that emergency vehicles currently• have a difficult time maneuvering through the site and that closing the Naeve Street exit will significantly increase the District's emergency response times to buildings in the northern portion of the development that would normally be accessed from Naeve Street. The northernmost buildings within the development would be in excess of 900 feet from the nearest access point from a public street if the access would be cloned as proposed. The Planning Commission concludes that the proposal to totally close the S.W. Naeve Street access to the Fountains would provide an adequate circulation pattern throughout the development designed to accommodate emergency vehicles as required by the Site Development Review approval. criteria. However, because it has been found that the proposed access closure would not affect the development's conformance with Code requirements for the number of access points and it wiuld not significantly affect off-site traffic, the request is approved and Director's decision is modified as noted in the conditions below. FINAL ORDER - SDR R9-10 FOUNTAINS CONDOMINIUMS - Page 4 C. DECISION The Planning Commission approves Site Development Review proposal SDR 89-10 to close the Naeve Street access to the Fountains at Summerfield condominiums to through traffic subject to the following conditions: 1. A street opening permit shall. be obtained from the Engineering Division prior to closing the Naeve Street driveway. The driveway apron shall be replaced with a standard street curb and sidewalk. STAFF CONTACT: .john Hagman, 639-4171. 2. THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL DECISION DATE NOTED BELOW. It is further ordered that the applicant be notified of the entry of this order. PASSED: This 'Al- day of July, 1989, by the Planning Commission of the City of Tigard. A. Donald Moen President Tigard Planning Commissiont br/SDR8910.PFO FINAL ORDER - SDR 81-10 FOUNTAINS CONDOMINIUMS - Page 5 CITY OE' TIGARD NOTICE OP' DECISION SITE DEVELOPMENT REVIEW SDR P4-10 FOUNTAINS CONDOMINIUMS APPLICATION: A request by the Condominium Homeowner's Association of the Fountains at Summerfield condominiums for administrative approval of a major modification to an existing development's site plan and site improvements. The applicants request permission to close the SW Naeve Street access to the Fountains condominiums. Closure is proposed to be accomplished through continuatinr of the development's existing brick wall along SW Naeve Street across the existing driveway. Zoning: R-25 (PD) (Residential, 25 units/acre - Planned Development) . Location: south side of Naeve StreeL, approximately 750 feet east of Pacific Highway (WCTM 2S1 1ODB, tax lot 90000) . DECISION: Notice is hereby given that the designee of the Community Development Director for the City of Tigard has APPROVED the above described application, subject to certain conditions which require that an emergency access on S.W. Naeve Street be provided. The findings and conclusions on which the decision is based are as noted below. A. FINDINGS OF FACT I . Background The Summerfield planned conmiunity received its first City development approval in 1972 and has developed in a series of phases since that lime. The Fountains at Summerfield condominium development was approved by the Planning Commission on August 7, 1984 (PD 3-84) . The Fountains have since been developed in 16 phases. 2 . Vicinity I tformation SW Naeve Street and two single family residences border the Fountains at Sumr.erfield development on the north. Three relatively large, mostly undeveloped parcels zoned R-25 (PD) (Residential, 25 units/ac^e-Planned Development.) and R-12 (PD) (Residential, 12 units/acre-Planned Development) are located on the north cide of SW Naeve Street. SW Naeve Street is functionally classified by the City's Transportation Plan Map as a minor collector street. At present, the street is undersized and gravel surfaced between S.W. 109th Avenue and Pacific Highway except along the Naeve Street, frontage of the Fountains. This section is paved to appro•:imately 28 feet in width and includes a sidewalk and curb on the sou0iwest side of the street. Previously developed phases of the Summerfield planned community containing single family residences, apartments, and condominiums are located to the east and south of the Fountains. SW Summerfield Drive, a fully improved minor collector public street, extends east to west NOTICE OF DECISION - SDR 89-10 FOUNTAINS CONDOMINIUMS PAGE: 1 through Summerfield and borders the Fountains at Summerfie,.d condominiums on their southern edge. SW Summerfield Driv; intersects Durham Road at a signalized intersection across from the Tigard Town Square Shopping Center. Mostly vacant properties zoned CG (PD) (General Commercial - Planned Development) are located to the west of the Fountains at Summerfield. Commercial operations on some of these parcels are located on the western edges of the properties. 3. Site Information and Propos..i Description The Fountains condominium development includes 110 condominium units located on approximately 9.3 acres. Access to the Fountains from public streets is provided at four loc.atio;ls: SW Naeve Street approximately 150 feet east of Pacific Highway; SW 109th Avenue; and two driveways off of. SW 114th Avenue. The applicants, the Condominium Homeowners Association, have requested pet-mission to close the Naeve Street access to the Fountains by continuing an existing 42 inch tall brick wall on the development's Naeve Street frontage across the existing driveway. Because the proposal changes accessways to an existing development in a way that could affect off-site traffic, the proposal is required to be reviewed as a major modification to an approved site plan through the Site Development Review process. 4. Agency and NPO Continents The Engineering Division has reviewed the proposal and has provided the following comments: a. The Fountains is a 110 unit development currently served by 4 accesses. The Community Development Code requires a minimum of three access points for a development of this size. b. Closure of the access to Naeve Street would result in the northernmost dwelling units within the Fountains being approximately I00 feet, from either S.W. 114th Court or S.W. 109th Avenue, buy. public streets. Being this far from a public access is not a desirable situation for emergency police and fire protection purposes. Access to public utility facilities would not be affected since these utility providers can gain access to their facilities from the other access points and their access needs are not of an emergency nature. C. The Engineering Division has no objection to the proposal to close the Fountains' access onto S.W. Naeve Street. However, the Division recommends that an emergency access be provided along this frontage for police and fire protection purposes. Washington County Fire District #1 has reviewed the original proposal and has commented that the District strongly objects to the proposed r1imi.nation of the S.W. Naeve Street access to the Fountains. The District has commented that emergency vehicles already face difficult maneuvering within this development during non-emergency situations and closing the S.W. Naeve Street exit would further reduce response times NOTICE: OF DECISION SDR 89 10 FOUNTAINS CONDOMINIUMS - PAGE 2 to units within the northern portion of the devel.•pment. In addition, the District has commented that because both of the access points from SW 114th Court are off of one short street, this situation should effectively be considered one access. The Planning Division contacted the Fire District regarding whether the Fire District would be amenable to having the access closed to all but emergency vehicles through use of a gate with an emergency opening device. The Fire District commented that such gates often become problems because of lack of maintenance and later confusion regarding who has responsibility for maintaining the gate. Nevertheless, the District will agree to a gate providing emergency access to the Fountains from S.W. Naeve Street if the District has the opportunity to review the gate plans prior to construction and if the liomeowner's Association agrees to the long teen maintenance of the gate. The Summerfield Civic Association Board has commented that they have no objection to the proposal. The Building Division had reviewed the proposal and had offered no comments or objections. No other comments have been received. B. ANALYSIS AND CONCLUSION Section 18.120.070(8)(6) of the Community Development Code states that a proposal to alter an existing development by changing accessways such that off-street traffic would be affected constitutes a major modification to an approved site plan. Major modifications to approved site plans are required tc be reviewed subject to all standards and requirements of the Site Development Review section of the Code. The only subsection of Section 18.120.180 (Site Development Review - Approval Standards) which staff has found to apply to the present application is subsection 18.120.180(A)(11) . Access and Circulation: a. The number of allowed access points for a development ,hall be as provided in Section 18.108.070; b. All circulation patterns within a development shall be designed to accommodate emergency vehicles; . . . Section 18. 108.070(D) requires that a development containing between 100 and 200 dwelling units be served by a minimum of three access driveways. The 109 unit Fountains development is served by four access driveways: 1) on S.W. Naeve Street; 2) on S.W. 109th Avenue; 3) at the northern end of SW 114th Court; and 4) on the west side of SW 114th Court approximately 200 feet south of the other SW 114th Court driveway. Closing the SW Naeve Street driveway access would leave the development served by three access driveways in conformance with this Code access requirement. NOTICE OF DECISION - SDR 89 10 FOUNTAINS CONDOMINIUMS - PACE 3 The original internal circulation plan for the rountains development appropriately provides for 24 foot wide private accessways throughout the development in conformance with Code standards. The narrative submitted with the original planned development application for the Fountains noted that: "To minimize the tendency of off site traffic to use the private streets as a short cut such is the street connecting S.W. Summerfield Drive to Naeve Road, two lal.idscaped and fountain accented turn- around structures have been cteated. The primary functions of these structures is to slow vehicles down and discourage thru traffi:.. . . ." Although the residents apparently feel that the turn-around structures do not do enough to discourage through traffic and slow traffic movements, the Fire District finds that the turn-around structures along with the narrow streets slow vehicles down, especially large emergency vehicles. The Fire District has commented that emergency vehicles currently have a difficult time maneuvering through the site and that closing the Naeve Street exit will sigicificantly increase the District's emergency response times to buildings in the northern portion of the development that mould normally be accessed from Naeve Street. The northernmost buildings within the development would be in excess of 900 feet from the nearest access point from a public street, if the access would be closed as proposed. Because of the concerns raised by the Fire District, the Planning Division is unable to conclude that the proposal to totally close the S.W Naeve Street access to the Fountains would provide an adequate circulation pattern throughout the development designed to accommodate emergency vehicles as required by the Site Development Review approval criteria. However, because it has been found that the proposed access closure would not affect the development's conformance with Code requirements for number of access points, and would not significantly affect off-site traffic, the Planning Division finds that an alternative to the proposed total closure should be considered. An alternative that would attain the homeowners Association's primary objective of prohibiting through access would be to revise the access closure plan to incorporate some ••ethod of assuring emergency vehicle access to the Fountains from S.W. Naeve Street. Such a proposal might include a gate with a breakaway locking mechanism ov an electronically controlled emergency opening mechanism. The applicants Should contact Washington County Fire District #1 and the City of T'_gard Police Department regarding appropriate techniques for closing the access to all but emergency traffic.. C. DECISION The Community Development Director's designee approves Sita Development Review proposal SDR 89-10 to close the Naeve Street access to the Fountains at Summerfield condominiums to through traffic subject to the following condition which will assure continued emergency vehicle access through the existing driveway: NOTICE OF DECISION - SDR 89-10 FOUNTAINS CONDOMINIUMS PAGE 4 a I. The plan for . ,sing the access shall be rev_. ad to eliminate the proposed brick wall completely across the driveway. A break-away gate or other gate opening mechanism that will assure continued emergency access to the site from SW Naeve Street may be utilized across a -� minimum access width of 20 feet. The applicants shall provide to the Planning Division: documentation from Washington County Fire District #1 and the Tigard Police Department that the revised gate plan adequately provides for their emergency access needs. Such / documentation shall be provided prior to any modification to the existing access. Contacts: Lei.utenaat Bob Wheeler, Tigard Police Department. Phone 639-4111; Gene Birchill, Washington County Fire District #1, Phone 645-8577; Jerry Offer, Tigard P13nniv g Division, Phone 639-4111. 2 THIS APPROVAL IS VALID IF EXERCISED WITKIN 18 'HS 0 ' AL DECISION DATE NOTED BELOW. f �AS D. PROCEDURE �t �l S See 7-.Z¢- � 1. Notice: Notice was published in the news per, posted at City liall and mailed to: XX — The applicant & ovrnprs XX Owners of record withit. the required distance X1 The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final_Decision: THE DECISION SHALL BE FINAL ON June 5, 1989 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decisio,i 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 n written appeal must be filed with the CITY RECORDFR within 10 days after notice is given and sent. Appeal fee ;,Aiedule :and forms are available at Tigard pity Hall, 13125 SW Hall Blvd. , Tigard, Oregon. The deadline for filing of an appeal is 3:30 P.M. junp 5. 1989 4. Questions: If you hove any questions, please call the City of Tigard Planning Department , Tigard City Hall, 13125 SW Hall Blvd. , PO Box 23391 , Tigard, n.,egon 97223, 639-4111. PREPARED BY: J t; Of j A^sis'_ant Planner DAT Keith S. Liden, Senior Plannet DATE APPROVED br/9813D NOTICE OF DECISION - SUR 89--10 FOUNTAINS CONDOMIFlUMS - PAGE 5 i 1 1 w u.in 2 40T Ul all 'AILL � B R 1 0 'y FARM z �0 �l ! 1 oo -r--- = I co ����� s < IQJR AM W. —. ui l m AVE -- Il i.. — AM" �L T 7 I SW L 0 AVE. �►� _ S.1_D VER Ci J SIW •��)�eL- • Ir. 1 ���-rai-lGTn"L 1 1 ,s:vi(�:f- APEX INDUSTRIES Construction Demolition Excavation �EL �'cr�r►A+a\ Owned and Operated by M. J. Ward C s T i z o Banks Oregon 324-2000 324-8270