87-052776 ~ 76th Avenue ~ Gentle Woods Drive 87052776
CITY OF TIGARD, OREGON
ORDINANCE NO. 97- -
50
AN ORDINANCE VACATING A PORTION OF SW 76TH AVENUE, A DEDICATED PUBLIC
RIGHT-OF-WAY WITHIN DURHAM ACRES, A RECORDED PLAT, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return a portion of
SW 76th Avenue to private ownership for development purposes; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance with ORS 271. 100, the TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public
interest will not be prejudiced by the vacation as provided by ORS 271.120 and
TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 76'th Avenue right-of-way because the public
interest will not be prejudiced; and
WHEREAS, the Council finds that the following condition is necessary to vacate
said land:
1. The vacation shall not be effective until the effective date of this
ordinance, and a certified copy of this ordinance has been recorded
with the Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of a portion of
SW 76th Avenue as described and shown on the attached Exhibit "B", and by this
reference made part hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
1. The vacation shall not be effective until the effective date of
this ordinance, and a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and Surveyor.
ORDINANCE NO. 87---TO
Page 1
' ~
. ( (
. .
Section 3: In no situation shall this Ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: Bytf all Council members present after
being read by number
- and title only, thiu day
of e k= 1987.
wl" Recorder
APPROVED: This day of , 1987.
Thomas M. Brian, Mayor
RSC:cn/0067D
`
STATE OF OREGON }
/ County of Washington 1
" City of Tigard �
I, CATHERINE WHEATLEY, HEREBY CERTIFY THAT I am the duly appointed, qualified
and acting Deputy City Recorder of the City of Tigard. Oregon.
I further certify that I have compared the herewith copy of ORDINANCE
NO. of the City of Tigard with the original in my possession as
custodian of the official records of the City of Tigard, and that the herewith
copy is a correct transcript of ORDINANCE NO. o .
IN WITNESS 0F, Iereunto set my hand and muaI of the City of Tigard
this day of
1
Deputy City Recorder
ORDINANCE NO. 87-6-�= Co
Page 2
EXHIBIT "B"
That portion of SW 76th Avenue located in the southwest quarter of
Section 12, Township 2 South, Range I West, Willamette Meridian, City of
Tigard, Washington County, Oregon, being described as follows:
Beginning at the southeast corner of Tract "B", Gentle Woods, a recorded
plat, Washington County Plat Records; thence South 000 12' West, on the west
right-of-way line of SW 76th Avenue (being 40 feet in width), 530.60 feet to
the south line of Lot 23, Durham Acres, a recorded plat, Washington County
Plat Records; thence North 890 56' East, 40.0 feet to the east right-of-way
line of said SW 76th Avenue; thence North 000 12' East, on said east
right-of-way line, 530.60 feet to the north line of Lot 33, said Durham Acres;
thence South $90 56' West, 40.0 feet to the point- of beginning, containing
0.487 acres, approximately.
RF-GISTER90
]PROFESSIONAL
LAND SURVEYOR
0-%MG
JANUARY SASP,
JON T. FEIGION
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101
r 3100 _ 3000 - 2900 _ 2$0 1 600
R
23 22 $ 2121 _ 20 0
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)e �
--uu ui�r1liiii vvii� 70 97.77 a 96, •n ���j 3 2 T 6 2
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135 30 17 �, peal° z 'a /� ws `o19�
3400 T R• �• N'yR,�42200 �� : 194 N 32
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16 2300 sJ 2100 2000
8.
INITIAL � 11� � � i12 r 5o c 12
150 .plFi02 126 104 TRACT A. 97.16 24 3t6.
521216 321216 v; •v.:
3500 I 400
5-64 Ac. � 1.88 Ac.
27 26 25
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STATE OF OREGON l
County of Washington j} SS
- 329.06 1329.06 I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
0 700 the within instrument of writing was received
c
1&? Ac and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
CITY OF TUFA RD
OREGON
February 25, 1988
Mr. Gordon Hobbs, President
OR--AK Corporation
13050 S.W. Forest Meadows Way
Lake Oswego, OR 97034-1599
Re: I" of a portion of i.w. 76th oftim'
Dear Mr. Hobbs:
Thank you for your check in the amount of $435.04 for costs incurred by
the City with regard to the above-referenced street vacation. We received
the check this morning.
Enclosed is a copy of Ordinance No. 87-50 for this vacation which has been
recorded at Washington County.
Sincerely,
0't
Catherine Wheatley
Deputy Recorder
cw
Enclosure
cc: Randy Clarno, Development Services Manager
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY OF TIFA RD
OREGON
February 17, 1988
Mr. Gordon Hobbs
OR-AK Corporation
13050 S.W. Forest Meadows Way
Lake Oswego, OR 97034
Re: Vacation of a Portion of S.W. 76th Avenue
(Durham Acres)
Dear Mr. Hobbs:
Enclosed please find a copy of our letter to you dated December 31 , 1987.
This letter requested payment of $435.04 for costs incurred by the City
to process your requested vacation of a portion of S.W. 76th Avenue. I
did not receive a response to this request for payment.
Please mail payment of the amount requested to my attention. I advised
Randy Clarno, Development Services Manager, of this situation. He indicated
that if payment is not received by the end of this month, it may be
necessary to withhold further approvals of the Partridge Hills development.
If you have questions, please contact me.
Sincerely,
Catherine Wheatley
Deputy Recorder
ew
Enclosures
cc: Randy Clarno, Development Services Manager
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY OF ?I GA RD
OREGON
December 31, 1987
Mr. Gordon Hobbs, President
OR-AK Corporation
13050 S.W. Forest Meadows Way
Lake Oswego, OR 97034
Re: Vacation of a Portion of S.W. 76th Avenue (Durham Acres)
Dear Mr. Hobbs:
Enclosed is an itemization of costs incurred by the City to process the
above-referenced vacation. Please remit the total of $435.04. If you send
the payment to my attention, I'll see that a copy of the recorded Ordinance is
promptly mailed to you for your records.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Catherine Wheatley
Deputy Recorder
cw
Enclosure
13125 SW Hall Blvd.,P.U.Box 23397,Tigard,Oregon 97223 (503)639-4171
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy Clarno November 11, 1987
FROM: Cathy Wheatley
SUBJECT: S.W. Gonzaga Street, S.W. 76th Street and Bond Park No. 3
Street and Utility Easement Vacations
Randy, would you please estimate the time your staff spent on the S.W. Gonzaga
Street vacation process and return it to me as soon as possible. AttAched is
a copy of the ordinance (87-49) which has been recorded with Washington County
Records.
Thanks.
ew
Attachment
Also attached are copies of the recorded ordinances for the Bond Park No. 3
and S.W. 76th Avenue Street Vacations. I'll need who deposited the money
for these vacations and how much they deposited as well the number of hours
spent by you and your staff on these projects. Please let me know as soon
as you can, so I can close out these files. Thanks for your help.
Summary of Costs
Street Vacat-_on - Portion of S.W. 76th Avenue
(Durham Acres)
Development Services Manager
6 hours @ 122.30/hr. _ $133.80
Land Surveyor
3 hrs @ $17.30/hr. = 51.90
Engineering Technician [
2 hours @ $14.99/hr. 29.98
Office Assistant I
2 hours @ $10.48= 20.96
Copies, mailings (utility companies 54.00
property owner notification) ,
office aides & Deputy Recorder
(Council packet preparation, ad
preparation, public notice prep.)
Tigard Times Ad 93.40
Recording Fee (Wash. County) 51.00
TOTAL COSTS: $435.04
CITY OF TIGARD, OREGON
STREET VACATION TIME SHEET/BILLING STATEMENT
VACATION: 1 t `� (,° ,� '7
Petitioner or Representative:
Address: 13;J S 10
Fee Payment Split:
DATE WORK DONE COST PAYMENT BALANCE
T
r�L',i i n i.� �,,, c...�✓7'.. .fs� l7'! �i� 3 �Y7 t j U
Refund Paid Refund Amount
Vacation Process Completed
cw/4465A
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CITY OF TIG RD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: DATE SUBMITTED:
ISSUE/HCENDH TITLE: Street Vacation rxE«IVoS ACTION: Continued Public
Public Hearin( - P tion of SW 76th Hearinq from 7/27/87 to 9/14/87,--),
Avenue PREPARED BY: Dev. Services Mqkk�y?>z
DEPT HEAD OKCITY ADMIN 01(_____ REQUESTED BY: OR-AK Corpora
POLICY
Council-initiated street vacation request; consistent with Council policy a�
adopted by Resolution No, 85-30,
/
INFORMATION SUMMARY
Boring the July 27' 1987 public hearing Council and area resident,,.,- raised
several concerns relative to the proposed vacation of a portion of SW 76Ch
Avenue . Council directed staff to address those concerns for consideration on
September 14' 1987 , The attached "follow-up memo" to my original staff report
attempts to address those concerns .
ALTERNATIVES CONSIDERED
l . Approve vacation request as originally des"ibed in Resolution 87-84
(Exhibit "8") .
2. Approve vacation request with the amendment that excludes that portion of
SW 76th Avenue which is adjacent to Gentle Woods subdivision (Exhibit "8^)
3 Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing This
alternative would require the subdivision applicant to go back be["re the
Hearings Officer with a revised proposal .
FISCAL IMPACT
All fees and staff processing time will be reim6uryeJ by the appli, mN
regardless of the final deci ,inn (approximately $]50-$500) .
SUGGESTED ACTION
Staff reuommenJ, A t"rnatix^ No , 2 with mot ion t" approvo Lh"
presentud
sb/0818D
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MEMORANDUM
CITY OF TIG8RD' OREGON
TO: Honorable Mayor and City Council September 8' 1987
FROM: Randy Clarnu, Development Services ManaJ��z�_--'-
\ _�
SUBJECT: Follow-up to Staff Report for Proposed Vacation of a Portion of
SW 76th Avenue
`
The purpose of this memo is to address several concerns that both Council and
area residents raised at the July 27 i087 public hearing.
' .
' T ra f
1�!_79th Avenue
�
There was concern that SW 70th Avenue may not be able to handle all of the
area traffic and that the SW 76th avenue connection between SW Bonita Road and
SW Durham should be preserved . The Comprehensive Plan designates SW 79th
Avenue as a minor collector. Alt-- h current improvements on SW 79th Avenue
have traffic rapacity limitations, future standard improvements should be able
to handle anticipated traffic volumes . Staff supports the current position of
the Comprehensive Plan and feels preserving the SW 76th Avenue connection
between SW Durham Road and SW Bonita Road to handle future traffic is
unnecessary.
Zn terms of land use, size, and length of street' the area surrounding SW 79th
Avenue could be compared to SW 135th Avenue between SW Schollo Ferry Road and
the proposed Murray Boulevard extension. This portion of SW 135th Avenue was
reclassified from major collector to minor collector earlier this year,
'
Q2n,lopor' s Res i li
�
The proposed Partridge Hills development is required to construct public
street' drainage, and rower improvements and upgrade existing improvements .
In addition' the development will he extending these facilities to its south
and west boundaries which provides necessary access to adjoining properties
All of the ahooe imprnxemenLx are "conditions of approval." placed on the
_project by the Hearings Officer.Thg,improvement of SW 76th Avenue Thrc,Q___t_t!��_ Flood Plairi.
~
-
Approximately 1' 100 feet of the SW 70th Hvenue right-of-way is within the
flood plain, The improvement of this right-of -way to a minimum ol' lorAl
street standards would require tremendous amounts of filling' grading,
vegetation removal' and at least one major realignment of Faono Crook All of
this would be subject to receiving permit, from th" Corps of Engineer` And \h.`
Division of State Lands (Fish and Wildlife) . S(*[[ feels that Lhe r*si of
this improvement may far, outweigh the benefit and that a series of local
street connections Mat utilizes portions of SW /hih Avenue and avoids Mx,
flood plain is more practical
~ impacts to Propert' South of the Proposed Developir � and Future Vacation-,
/ -
The preliminary plat of the Partridge Hills subdivision proposes to move the
- SW 76th Avenue right-of-way (to 6e called Gentle Woods Lane) approximately
70 feet east of its current location at the nnuth boundary. The purpose of
this was to try and maximize the use of the property under the current
zoning. The obvious impact of this realignment was to properties south of the
deuelopment. Subject to a field survey locating the flood plain boundaries,
the applicant demonstrated that this may enhance the development potential of
the properties directly south. The Hearings Officer' s approval of the project
required the applicant to precisely locate the flood plain boundary south of
the proposed development to assist with evaluating the impacts . Based upon
this information the Community Development Director would access the impact to
' he adjacent property and require the applicant to move the right-of-way .
location one way nr the other if necessary. This could include moving Ke
, right-of-way back to its original location at SW 76th Avenue. '
os/0818D
'
/
EXHIBIT "A"
That portion of SW 76th Avenue located in the southwest quarter of
Section 12, Township 2 South, Range 1 West, Willamette Meridian' City of
Tigard' Washington County, Oregon, being described as follows:
Beginning at the northeast corner of Tract "B"' Gentle Woods' a recorded
plat' Washington County Plat Records; thence South OOo 12' West, on the west
right-of-way line of SW 76th Avenue (being 48 feet in width), 1063. 10 feet to
the south line of Lot 23, Durham Acres, a recorded plat' Washington County
Plat Records; thence North 89" 56' East, 40.8 feet to the east right-of-way
line of said SW 76th Avenue; thence North OUv 12' East, on said east
right-of-way line, 1063'10 feet to the north line of Lot 33^ said Durham
Acres; thence South 890 56' West, 40.0 feet to the point of beginning,
containing 0.976 acres, approximately.
REWSTERED
PR SIONAL
LAND SURVEYOR
JANUARy 15.ISO?
ON T. FEIGION
164dW
l� O
i 000 1 100 1200 t1300T7I
N `{ 100
3 4 e a 1,77 Ac.
tl 1500ACT "B"
33
70 l0l
2900 _ 28 •, 200
21 20 1600 .` : .36 Ac.
- O 8 �-..
J (J \� h
TO 97.77 40,
110 92.77
2700 ��a`'J 1700 '� N
9 g 300
18 w 19 s=zo ;, a� o. t.43 Ac.
NZ}� 9a. C3 `� 1800
10
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195 �• �� as 14 lS N
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6 2300 . y2100 a r 2000
12
IAL 15 13 sapt I''= J�O,
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OQ tzt 104 .: .
S 10 32610
LF-
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400 ST-rz.Et--T
486 Ac,
E=
1?? 26
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188 Ac.
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. .
REGULAR MEETING MINUTES — July 27, 1987 — 6:80 P.M.
1 . ROLL CALL: Present: Mayor Tom Brian; Councilors: Carolyn Eadun,
Jerry Edwards, and Valerie Johnson; City Staff: Bandy
Clarnn, Development Services Manager; Ken Elliot, City
Attorney; Irene Ertell' Heal Librarian; David Lehr, Chief
of Police; William Monahan, Community Development
Director; Jill MonIey, Assistant City Administrator/CS
Director; and Loreen Wilson, City Recorder.
2. STUDY SESSION:
a. Assistant City Administrator highlighted agenda items noting that
agenda item 11 .2b would be discussed as agenda item 8. 1 and that
11 .5 should be pulled front the agenda for individual discussion
with each Council member at a later date.
b. Councilor Eadon stated that members of the Park Board would be
present at 0:00 PM for the Parks Plan Report and also requested
that agenda item 11.2d be pulled to be discussed under non—agenda
items as item 12. 1. She also muggeete6 pulling agenda items 11 .4
(a) and (6) to be handled as a separate discussion item at a
September Council meeting.
C. Mayor Brian questioned whether or not the 9-1-1 report should be
pulled for discussion at a future date when Councilor Schwartz
would be present since he currently worked for the Tualatin Fire
District. Councilor Edwards suggested that the report should be
received with no major decisions being mad* at this time. Chief
Lehr stated that Washington County was currently showing interest
in an E-0-1-1 study County—wide.
d. Discussion followed regarding the Durham Road Weight Limit
Ordinance. Mayor Brian noted that the item was not a public
hearing but a discussion issue. Census of Council was to
consider the issue further during the regular meeting. Concern
was noted by Council that adequate notice be given in the Tigard
Times prior to the official closing of Durham Road or the road
re—alignment which was to be done in conjunction with the Tigard
Towne Square development.
e. Chief Lehr gave a status report on the Neighborhood Watch
Committee advising Council there were basically three options:
(1) disband the Committee and thank them for their assistance
with the Polite Department staff; (2) modify the Committee' s
structure and note their advisory role to the Police Department
staff; or (3) have the Committee stay status quo with them
advising the Council and City Administratmr, Councilor Eadon
noted that tha_' City had hired a crime watch employee and could
support disbanding the Committee at this point and having
citizens nerve in an informal way in working with the Police
Department and existing neighborhood groups. Chief of Police
ekpreneed his desire to develop a group of volunteers of "Friends
of Crime Watch" and work on a more informal basis with citizens
at large. Consensus of Council was to disband the Neighborhood
Page 1 — COUNCIL MINUTES — July 27, 1987
Crime Watch Committee and have volunteers work with Deb Watroo,
the Crime Watch Coordinator in the Police Department. Council
further encouraged citizen involvement with this project and
requested the disbandment of the formal Committee be placed on
the agenda for August 31 .
COUNCIL MEETING RECESS: 7:03 PM
COUNCIL MEETING RECONVENE: 7:07 PM.
3. CALL TO STAFF AND COUNCIL FOR N00—AGENDA ITEMS
a. Mayor Brian highlighted for citizens in the audience the
following changes to the agenda: Item 11.2b would be discussed
an item 8 . 1^ item 11 .2d would be discussed as item 12. 1, item
11 .4 a and b would be pulled to be discussed at a Council meeting
in September, and item 11.5 was pulled from the agenda.
4. VISITOR'S AGENDA
a. Gary Gitzen, 22820 Holly Hill Road of Hillsboro, requested
Council approve a sign code exception for Zenith Sales Systems.
He requested a three—day sign code exception to allow placement
of an inflatable 20—foot high computer over the Schollm Ferry/
Nimbus Avenue commercial center, Community Development Director
noted that there was a citizen' s complaint initiated the last
time this inflatable sign was put up and also advised Council the
existing Code did not allow for sign node exceptions except
through the Planning Commission hearing process.
b. After lengthy discussion, Councilor Eadon expressed her concern
that a special promotion section should be added to the Tigard
Municipal Code which would allow for an exception process.
C. Motion by Councilor Johnson, seconded by Councilor Edwards, to
approve the sign node exception for one grand opening event for
July 30th through August 1st.
Approved by unanimous vote of Council present,
6. Consensus of Council was to direct staff to bring a sign code
exception amendment back for their review.
5. PRIVATE LAND AUTO SALES ORDINANCE STATUS REPORT
e. City Attorney synopsized the' history of the Private Land Auto
Sales Ord inanue- noting that it had failed upon second reading by
a two—two split of Council present. He reported that the City
Charter and adopted Council procedures did not specifically
address this issue. However, historical practice within the City
mandated an ordinance must pass by unanimous vote at the first
reading or, pass by majority vote at the second reading. If it
did fail upon a second reading by a split of the Council, it
would be brought back for Council reconsideration by either a
rk?queot of Council or, upon recommendation of staff. The City
Attorney further uuggeuted that a set of rules of procedure be
developed for the City Council at a future date. Once the
Page 2 — COUNCIL MINUTES — July 27, 1987
University of Oregon's Bureau of Governmental Research & Service
completed their model city charter, it might be an appropriate
time for the City of Tigard to do a complete charter review and
perhaps address this type of issue in that framewm.-k,
b. Motion by Councilor Ea6on, seconded by Councilor Johnson to
consider ordinance again.
Approved by unanimous vote of Council present.
C. ORDINANCE NO. 87-40 AN ORDINANCE AMENDING TIGAQD MUNICIPAL CODE
CHAPTER 10.28 TO INCLUDE THE REGULATION OF VEHICLE SALES ON
PRIVATE PROPERTY.
d. Councilor Edwards noted this obligates the property owner to be
aware of the use of his property or fz.ce a Class 1 Civil
Infraction. He requested staff be cautious in making sure the
property owner, was aware of this infraction possibility and
further encourage staff to work with property owners to enforce.
e. Mayor Brian stated that in trying to restrict overnight oar sales
on private property, the property owner would not always be aware
of the infraction prior to citing. For this reason, he stated he
would vote in opposition to the ordinance though he did support
the efforts to limit or restrict overnight car sales .
f. Ordinance No. 87-40 pmnoud by a 3 to 1 majority vote of the
Council present. Mayor Brian voted nay. Mayor Brian noted for
the record that the ordinance was approved as passed,
g. City Recorder explained for the record that Ordinance No. 87-40
would require a second reading since there was not a unanimous
vote on this first reading. Mayor Brian stated he would change
his vote to approval of the ordinance with his concerns regarding
private property owners being notified of overnight oar sales on
the record.
Ordinance No. 87-40 was approved by unanimous vote of Council on
it' s first reading.
6. PUBLIC HEARING (Continued) — Z0A 87-02 SIGN CODE EXCEPTION CRITERIA.
a. Public hearing continued from 7-13-87.
b. No declarations or challenges were filed by Council members.
-' .
C. Community Development Director highlighted the history of the
ionue. He noted the purpose of the amendment was to clarify
existing sign code exception approval and criteria and to also
provide new criteria.
d. Public Testimony : No one appeared to speak .
e. Community Development Director stated that staff and the Planning
Commission recommended approval of Z0A 87-02.
f. Public hearing oluoed.
Page 3 — COUNCIL MINUTES — July 27, 1987
g. ORDINANCE NO. 87-41 AN ORDINANCE TO AMEND SECTION 18. 1l5. 145 OF
THE COMMUNITY DEVELOPMENT CODE, SIGN CODE EXCEPTION CRITERIA
(Z0A 87-02) .
h. Motion by Councilor- Johnson, uuoon6eJ by Councilor- Eadon^ to
adopt.
Approved by unanimous vote of Council present.
7. PUBLIC HEARING — EASEMENT VACATION — CHELSEA HILLS
a. Public Hearing Opened.
b. No declarations or challenges were filed by Council.
C. Community Development Director stated the vacation request was
initiated by Jay Miller Homes and the City of Tigard . He further
noted the purpose of the easement vacation was to eliminate minor
encrouchment problems with adjacent homes. The objections and
concerns filed by utility companies had been addressed in the
conditions attached to the ordinance.
6. Public Testimony: No one appeared to speak.
e. Community Development Director advised that staff and Planning
Commission recommended approval .
f. ORDINANCE NO. 87-42 AN ORDINANCE VACATING A PORTION OF PUBLIC
UTILITY EASEMENTS WITHIN LOTS 13 AND 14 OF CHELSEA HILLS, NUMBER
1, A RECORDED PLAT IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON,
g. Motion by Councilor Edwards, seconded by Councilor Johnson, to
adopt.
Approved by unanimous vote of Council present.
8. PUBLIC HEARING — EASEMENT VACATION — MORNING HILL PHASE I
a. Public hearing opened
b. No declarations or challenges were filed by Council.
C. Community Development Director advised the vacation was being
processed at the request of Wedgewood Homes, Inc. He rioted that
Wedgewood Homey' Inc. received a minor land partition approval
for a portion -of Morning Hill Phase I in 1086. H condition of
the approval was that the company complete vacation of curtain
public utility easements including this request.
d. Public Testimony : No one appeared to speak ,
e. Con1munity Development Director- stated that Planning Commission
and staff recommended approval of said vacation.
Page 4 — COUNCIL MINUTES — July 27^ 1987
f. ORDINANCE NO. 07-48 AN ORDINANCE VACATING A PORTION OF PUBLIC
UTILITY EASEMENTS WITHIN LOTS 85^ 36^ AND TRACT I' MORNING HILL
NO. 1^ A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON.
g. Motion by Councilor Eadon, seconded by Councilor, Johnson to adopt.
h. Approved by unanimous vote of Council present.
g. PUBILC HEARING - STREET VACATION - 76 AVENUE
a. Public hearing opened
b. Na declarations or challenges were filed by Council.
C. Community Development Director outlined the history of the
request noting that OR-AK Corporation and City staff had
requested the vacation. He noted that OR-AK Corporation received
preliminary plat approval on June 23, 1987 to develop a 45-lot
subdivision called Partridge Hill . A portion of land to be
developed into lots was currently located in an old portion of
76th Avenue right-of-way. Originally staff evaluated the area
and felt the unimproved right-of-way could be vaoated. However
since that original evaluation, certain questions had been raised
regarding the access to adjacent properties and title to vacated
land. Community Development Director advised Council that it
appeared that considerable study would be required to resolve
some of the area transportation questions, therefore, staff was
recommending that the portion of 76th Avenue which was adjacent
to GentIewmod subdivision be excluded from the vacation.
d. Public Testimony:
OPPONENTS:
Randy Jones, 15235 8W 79th Avenue, expressed concern regarding
the precedence which would be set with a vacation in the area.
This would encourage the additional vacations of 76th Avenue in
the future and funnel traffic from the new subdivision onto 70th
Avenue which in very congested. He also expressed concern with
the extra land from the vacation process being used as
developable land instead of floodplain. He further rioted that
the intersection of 70th Avenue and Durham Road was hazardous
with existing traffic and felt the additional traffic impact
would be extremely dangerous.
e. Community Development Director recommended approval of the
vacation request an modified by staff's recommendation.
Development Services Manager, discussed the status of the
existing road and that staff had studied transportation issues
and impacts in the area.
Page 5 - COUNCIL MINUTES -- July 27, 1907
'
f. Councilur, Johnson rioted her concern regarding the winding
configuration of the proposed neighborhood streets and indicated
she was not in favor of eliminating the grid street nyotpm which
currently existed in the area.
Mayor Brian noted that it would be virtually impossible to
improve the road right—of—way within the flood plain area in this
location.
g. Development Services Manager stated that it was difficult for the
developer- to maximize the use of this property with the use of
the existing right—of—way for 76th Avenue.
City Engineer stated that the proposed vacation did riot eliminate
the use of 76th Avenue but would allow future developments south
of the site along existing right—of—way extended to Durham Road.
Any development north of the site along 76th would be expensive
to construct since it would require improvements within the flood
plain area.
h. Public hearing closed
i. ORDINANCE NO. 87-44 AN ORDINANCE VACATING A PORTION OF SW 76TH
AVENUE, H DEDICATED PUBLIC RIGHT-0E—WAY WITHIN DURHAM ACRES, A
RECORDED PLAT IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
' . Ordinance No. 87-44 died for a lack of motion and second.
k. Mayor Brian stated he felt that the Council was not wishing
development of the right—of—way within the flood plain, but were
concerned regarding the configuration proposed. This
configuration would restrict the flow of traffic within the
neighborhood areas .
Councilor Edwards noted his concern that the vacation seemed to
be for the benefit of the developer while at the name time
created long r-ange traffic impact problems in the area.
Councilor Johnson stated she would like to see the 70th Avenue
long—range proposal from it' s connection from Durham to Bonita
and the neighborhood traffic impact on 76th and 79th.
Councilor Ea6on shared the other Councilors' concerns. She
further commented that a variance granted to this development
would have a domino effect on future improvements along 70th
Avenue to the south. She expressed concern that the City's
tranopnrtatiun -.plan should -"ut change from subdivision to
subdivision development.
l . Motion by Councilor- 3mhnoun^ seconded by Councilor Edwards, to
continue the consideration to September 14^ 1487 to allow staff
time to submit additional information regarding the long—range
plans for transportation in the area.
Approved by unanimous vote of Council present.
Page 6 — COUNCIL MINUTES — July 27, 1987
10. TIGARD MUNICIPAL CODE AMENDMENT - DURHAM ROAD WEIGHT LIMIT
a. City Engineer stated that at the June 22*d meeting, Council
directed staff to prepare an Ordinance to extend existing truck
restrictions on Durham Road to 24 hours per day. Staff
recommended that the ordinance include through-truck prohibitions
on Sattler Street and McDonald Street to prevent those
residential streets being used by trucks diverted from Durham.
6. Mayor Brian summarized the Tualatin and Tigard Council meeting
and rioted what some of the concerns had been.
City Engineer stated that the surrounding jurisdictions were
concerned with the imposition of the truck limit and the impact
that could have on other road systems . He noted that Washington
County would be conducting a traffic study in the area shortly.
C. Mayor Brian noted the Council's options were: (1) adopt the
Ordinance; (2) defer to September 14th to receive the August
traffic study scheduled by Washington County to better determine
what impact there could be on surrounding road systems; or (3) to
defer to Spring, 1908. Mayor Brian noted that this was not a
public hearing, however, allowed public testimony.
o Eunice Day, 15040 SW Oak Meadow Lane, stated her home abutted
Durham Road and expressed concern with the validity of the City
of Tigard manual count in May. Also, she questioned how accurate
the Washington County statistics would be from their traffic
study. Her estimate noted that 12 vehicles during the additional
6 hours per day was the average going across the road which would
be the diverted to other jurisdictions. She encouraged Council
to adopt the ordinance noting the citizens in the Summerfield
area were concerned with safety.
The City Engineer highlighted the City of Tigard manual vehicle
ouunt, which was conducted earlier in the summer. He stated that
vehicles with three axles or larger were counted and that there
were about a hundred trucks during an eight hour count.
o Dave Atkinson, 10460 SW Century Oak Drive, gave historical data
regarding the through-truck traffic limit on Durham Road noting
that the Council had worked with the Department of Transportation
and Washington County. Hu expressed concern for the safety of
the seven residential subdivisions along that stretch of Durham
Road plus the Tigard Towne Center development which was currently
being constructed . Mr. Atkinson suggested that the Council take
action priorto the high 'school opening in September. His
concern was banjcalIy thm sa�oty of the pedemtr�an and x�hicular
traffic along that area.
o Due Bronownki, 9040 SW Lakeside Drive, stated she was the new
Civic Board Anyociatiun President for Summerfield and requested
the 24-hour ban of 25,000 # GVW through-truck traffic.
Page 7 - COUNCIL MINUTES - July 27, 1987
.
o Ken Sheeley, 15800 SW Alderbruok Court, questioned why City of
Tualatin did not request Tigard assistance and input when they
banned trucks on Tualatin Road. He noted for the record that
through—traffic trucks were the only ones banned, that this would
not affect the delivery by large trucks in the area.
d. Councilor Edwards stated he was still concerned with safety
issues and stated he wanted to take action immediately.
Councilor Johnson stated she had been in favor of tabling this
issue for one month in June to give a chance for the surrounding
jurisdictions to have input on the issue. She expressed her
disappointment with the communications with the other cities
noting that the joint meeting with the City of Tualatin had been
sot to discuss the Durham Road issue. She further advised that
the City of Tigard Council would show gnn6 faith in continuing to
work with Tualatin but felt she needed to support passage of the
ordinance right away.
Councilor Eadon thanked Commissioner- Rogers for his efforts in
the issue but wao concerned with the reaction by the surrounding
jurisdiotionu. She felt action was necessary for citizen safety
reasons .
Mayor Brian noted that with 108 trucks counted for six hours in
the 20,000 Pound and over weight class, the surrounding
jurisdiction roads would not be that heavily impacted. He
further stated that E6y Road was a rural road, while Durham Road
was a highly populated area with dips which made visibility
difficult and a large high school with students driving the road
6aily. He further encouraged the study to be conducted by
Washington County and requested the results be made available as
soon as possible. He further directed staff to post Durham Road
prior to the ochnnI year beginning,
e.
ORDINANCE NO. 87-45 AN ORDINANCE REPEALING ORDINANCE NO. 82-10,
ORDINANCE NO. 84-59 AND TMC SECTION 10. 16.050; ADDING TMC SECTION
10. 16.051 PROHIBITING THROUGH—TRUCK TRAFFIC 00 CERTAIN STREETS;
AND FIXING AN EFFECTIVE DATE.
g. Motion by Councilor Edwards, seconded by Councilor Johnson, to
adopt.
Approved by unanimouo Council present.
RECESS: 8:47 PM
`
RECONVENED: 8:58 8:58 PM.
11 . CITY ("ENTER TASK FORCE PROGRESS REPORT
a. Chairman Stuart Cohen, Vice Chairman Mike Marr, and Secretary Pam
Juarez presented the City Center Plan Task Force report. They
noted the first quarter year accomplishments and the second
quarter' s issues . They further requested special attention be
given to the request for a marketing consultant. This request
would be formalized with coot figures and brought back to Council
in the near future.
Page 8 — COUNCIL MINUTES — July 27' 1.987
b. Mayor Brian noted his excitement with the plan and was encouraged
with the direction it had taking,
12. PARKS PLAN REPORT
a. Dr. Graham, Park Board Chairman and City staff members Liz Newton
and Debbie Kneohtal presented the Park Plan to the City Council.
They noted the Park Plan was an overall picture with the next
,step being to recommend a prioritization list from the needed
improvements highlighted in the plan.
Councilor Johnson rioted there needed to be a City-wide priority
list and asked where the funding for the project was proposed.
Debbie Knechtal noted that the list of improvements was done on a
City-wide basis and lengthy discussion followed regarding the use
of the plan and the future of needed park acquisitions.
Dr. Graham noted the Board needed a consultant in the future to
assist in the design of Fanno Creek, Cook and Summerlmke Parks.
13.
9-1-1 REPORT
a. Chief Lehr highlighted his memos regarding Basic 9-1-1 funds
allocation and Enhanced 9-1-1 options.
He advised that the City of Tigard currently participated in a
basic 9-1-1 emergency telephone system with the Tualatin Fire
District. The District was the primary answering point with the
Tigard Police Dispatch Center as a secondary answering point. He
stated that since the City' s involvement in the system from 1982^
the City had paid 100% of 9-1-1 revenues to the district while
Tigard`o usage rate on incoming 9-1-1 calls was approximately
15.56%. He recommended that the City staff contact an audit firm
to perform a cost allocation study so that a determination can be
made as to the appropriate distribution of 0-1-1 revenues. He
further suggested other jurisdictions in the system be invited to
participate in the audit.
For Enhanced 9-1-1, he stated that the system currently used in a
mechanical system that provides opportunity for failures because
of user and npuratur, errors . E-9-1-1 was noted to be an
automated system that immediately identified in a visual display
the address, phone number, and service providers of the caller
and greatly reduced the opportunity for failure either by
operators or users of the system. He advised that staff would
recommend Wauhipgton County Public Safety Dispatch agencies band
together and explore a County-wide E-9-1-1 system with each
agency being a primary provider. He suggested that a joint study
could determine the costs and mechanics of the implementation and
maintenance of nueh a system. He requested Council authorize him
to work on a County-wide basis to determine what these variables
would be and to report back when further information was
available.
b. Chief Pittard, Tualatin Rural Fire Protection District, discussed
his concerns with basic and E-0-1-1 services in the area. He
referenced the Clay Durban review of the joint fire and police
Page 9 - COUNCIL MINUTES - July 27, 1087
. '
service concerns . He noted there was a group in Washington
County studying a three to five year plan for County-wide 9-1-1
service and stated that there was not a need for cities to be
involved with providing this type of service.
C, Lengthy discussion followed regarding the negotiation with the
Fire District and the recommended otudy by an audit firm for
basic 0-1-1 revenues and also the long range E_9-1-1 system.
Councilor Edwards noted a growth of dispatch services offered by
the City of Tigard Police and stated there was a need for
aomountability on the 0-1-1 revenues , He suggested a workshop
with the Council and Fire District Board might be appropriate.
Chief Lehr advised Council he would be willing to negotiate with
the District, however, an independent audit firm might be able to
conduct a study more coot-effectively.
Councilor Edwards stated that he did not feel that any funds had
been misappropriated but felt the issue should be studied . He
further advised Council that stated he had assured Councilor
Schwartz that no final decisions would be made before his return
from vacation but that only information gathering would be done
at this time.
Councilors Eadon and Johnson noted an independent cost study
would give the basis for negotiations and expressed their desire
to pay the Fire District what was fair and equitable.
d. Consensus of Council was to have Chief Lehr pursue an audit
noting revenues and costs for the basic 0-1-1 service Provided by
Tualatin Rural Fire Protection District. Further Chief Lehr was
encouraged to pursue round-table discussions with the Fire
District through the process of the audit. Council suggested
other jurisdictions in the area may want to participate in the
study.
e. Lengthy discussion followed regarding E-9-1-1 services . It was
rioted that a task force was pot together in January, 1987 to look
at existing dispatch centers in the County and to review needs
for E-0-1-1 systems throughout the County. Chief Lehr
recommended that the four dispatch entities should look at the
needs and do a complete otudy at this point.
Consensus of Council was to pursue with other public agencies in
the County a discussion of E-9-1-1 possibilities and suggested
Chief Lehr report back to Council when more information was
available.
14 CONSENT AGENDA: These items were considered to be routine and were
enacted in one motion without separate discussion. Motion to:
14. 1 Approve City Council Minutes of June 15^ 1987 and Council/
Planning Commission Workshop minutes Of July 7, 1987
14.2 REPORTS - Receive and File:
a. Departmental Monthly Reports:
Administration
Community & Administrative Services
Community Development Plus CIP Status Report
Page 10 - COUNCIL MINUTES - July 27, 1987
. .
Police
6. City Center Task Force Progress Report
o, Municipal Court Study Report
d. Tigard Water District Office/Shop Status Report
e. Sound Meter Report
f. Telephone Study Status Report
14.3 Receive and File:
a. City of Tigard Boardmanohip Manual
b. Updated Council Calendar
14.4 a. Approve Transfer of Appropriations For Library Shelves
Recess Council Mtg. ; Convene Local Contract Review Board Mtg.
b. Approve Purchase of Library Shelving;
C. Approve Purchase of Self-Propelled Street Sweeper
Adjourn Local Contract Review Board Meeting; Reconvene Council
Meeting
14.5 Approve Employee Assistance Program
14.6 Approve Final Acceptance - Gulfyide Estates Subd. - Res. No. 87-106
14.7 Ratify Council Poll Declaring Additional Surplus Property For 1087
City Auction - Resolution No. 87-1/07
14.8 Approve Board & Committee Appointments:
a. Planning Commission - Resolution No. 87-108
6. Utilities and Franchise - Resolution No. 87-109
a.
Motion by Councilor Johnson, seconded by Council Eadon, to approve
consent agenda with the following exceptions: .2b was discussed as
a separate agenda item; . 2d was removed to he discussed under
non-agenda items; .4(a) and (b) were removed and rescheduled to a
meeting in September; and . 5 was removed from the agenda to be
scheduled at a later date.
Approved by unanimous vote of Council present,
15. NON-AGENDA ITEMS
a. Tigard Water District office/shop status report. Due to the
lateness of the hour, Councilor Eadon suggested this be
rescheduled to a future meeting.
RECESS OF COUNCIL MEETING: 10:25 PM
1K EXECUTIVE SESSION: The Tigard City Council went into Executive Session
under the provisions of ORS 192.060 (1) (d), (e), & (h) to discuss
labor relations, real property transactions, and current and pending
litigation issues at 10:40 PM.
17, ADJOURNMENT: 11:05 PM
Approved by the Tigard City Council on September 14, 1987~
ATTEST: City Recorder - City of Tigard
Mayor - City of Tigard
UW:cs/0821D
Page 11 - COUNCIL MINUTES - July 27' 1987
`
CITY OF TIGARD, OREGONCOUNCIL AGENDA ITEM SUMMARY
AGENDA OF: July 27, 1987 DATE SUBMITTED: Jul 14, 1987
ISSUE/AGENDA
Public Hearing — Portion of SW 76th Hearing — Res. #87-84 on 6-15-87
Avenue PREPARED BY: Dev. Services Mana
DEPT HEAD OK CITY ADMIN 0NREQUESTED BY: OR—AK Corp. and Cit of
Tigard
POLICY ISSUE
Council—initiated street vacation request; consistent with Council Policy an
adopted by Resolution No. 85-80.
INFORMATION SUMMARY
On June 15, 1087 Council passed a resolution to call for a public hearing on
Council—initiated vacation request to be held at 7:00 PM on July 17^ 1987.
The vacation is being processed by the City at the request of OR—AK
Corporation and City staff. 0R—AK Corporation received preliminary plat
approval on June 23" 1087 to develop m 45 lot subdivision (Partridge Hill) on
land which a portion of SW 76th Avenue is contained. Conditions of approval
included the vacation of this unimproved right—of—way. Staff felt it was
appropriate to include a segment of SW 70th Avenue north of the proposed
subdivision and east of Gentle Woods subdivision within the overall vacation
area. However, since staff's original evaluation, certain questions have been
raised regarding access to adjacent properties and title to vacated lands. It
appears that considerable study is required to resolve these questions.
Therefore, staff in now recommending that this portion of SW 76th Avenue
adjacent to the Gentle Woods subdivision be excluded from this vacation. Any
objections or concerns filed by utility companies have been addressed in the
'
conditions attached to the Ordinance. Planning Commission and the Department
of Community Development have recommended approval. The hearing was published
in The Tiqard Times according to City and State requirements and all abutting
and affected property owners have been notified by mail.
ALTERNATIVES CONSIDERED
1 . Approve vacation request as originally described in Res. 87-84
(Exhibit ''H'') .
2. Approve vacation request with the amendment that excludes that portion of
SW 76th Avenue which is adjacent to Gentle Woody subdivision (Exhibit ''B") .
3 . Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
FISCAL IMPACT
N/A
SUGGESTED ACTION
Staff recommends Alternative No. 2 with motion to approve the Ordinance as
presented.
RSC:on/0067D
,
CIT� OF TIGARD, OREGON
RESOLUTION NO. 87- W_
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 76TH AVENUE WITHIN
DURHAM ACRES, A RECORDED PLAT, IN THE CITY OF TZGARD^ WASHINGTON COUNTY,
OREGON (OR-AK, INC.) .
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of public street right-of-way; and
WHEREAS, this portion of land was previously granted for public street and
utility purposes, it has been determined to not be needed by the City for this
purpose in its currant alignment; and
WHEREAS, the Tigard City Council finds it necessary and desirable to initiate
vacation proceedings for said parcel.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
-
'
(1) That the Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mal{ of the proceedings and that the
' benefiting property owner, OR-AK, Inc. , and the City of Tigard, pay all '
' fees and charges as net out in TMC Chapter 15,08.
(2) That a public hearing is hereby called to he Meld by the City Council on
Monday' July 27' 1987, at 7:00 P.M. at the Tigard Civic Center Town Hall
Room, 13126 SW Hall Boulevard, within the City of Tigard, at which time
and place the Council shall hoar any objections thereto, and any
interested person may appear and be heard for or against the proposed
vacating of said lands.
(3) That the City Recorder be, and she is hereby, authorized and directed to
cause to have published in the Tigard Times, a newspaper of general
circulation in the City of Tigard hereby designated for such purpose, a
notice of said hearing in the form hereto attached and by this reference
made a part hereof, the first publication to be June 25^ 1087 and once
each week thereafter for five pu6\ishingy in all. ,
The Recorder be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a copy
of said notice in the form attached, at or near each end of the area
proposed to be vacated.
RESOLUTION NO. 87-�^�
Page 1
That the particular * portion of granted public street right—of—way
proposed to be vacated is described on the attached sheet headed Exhibit
"A" and by reference made a part thereof.
PASSED: This day of 1987.
Mayor City of Tigard
ATTEST:
Deputy City Recorder City Vf Tigard
(RC:sb/1485W/0013W)
RESOLUTION NO. 87—
Page 2
2. City Council needs to communicate back to the Planning Commission the
result (final order) and the reason for their decision.
3 . When an item is considered to be a "hot potato" Planning Commission
should determine if a respresentative should attend the City Council
hearing as a resource person.
4. Periodic meetings should be held with City Council and Planning
Commission when issue arise.
0 Priortization of Community Development Code Review 1987-88.
William Monahan, Director of Community Development reviewed the proposed
schedule of code revisions. Discussion followed.
3 . Workshop adjourned 9:30 PM
PLANNING COMMISSION
4. OTHER BUSINESS
0 Request by Citizens Swrim9s & Lxmn Association fbr a six month extension
to obtain preliminary plat approval for Summer Lake No. 2 Subdivision.
-Senior ftmwwr Liden reviewed the request and made staff' s recommendation
for approval.
Commissioner Fyre moved and Commissioner Vanderwood seconded to approve
the six month extension as requested. Motion carried by majority of
Commissioners present, Commissioner Ownes abstained.
0 1 . Request for vacation of public utility easements for Chelsea Hills No.
1 Subdivision (Lots 13 and 14) . 2. Request for vacation of public utility
easements for Morning Hill No. I Subdivison (lots 35, 36, and Tract 1) .
3. Vacation of SW 76th Avenue between SW Bonita Road and SW Durham Road .
Senior Planner Liden reviewed the requests and made staff' s recommendation
for approval.
0 Discussion followed regading the way Falcon Rise Drive dead ends .
Commissioner Peterson moved and Commissioner Vanderwood secondod to
forward the three request to City Council with a recommendation for
approval, requesting that a condition be added to the Morning 14ill No I
Subdivision that a temporary turnaround be installed at t:he and of 1 ,41( m,
Rise Drive. Motion carried unanimously by Commissioners present .
5. ADJOURNMENT 9:50 PM
3385Pdmj
CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES JULY 7, 1987 Page 2
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy CIarno July 14' 1987
FROM; Keith Lidan
SUBJECT: Street Street Vaoationu
On July 7' 1087' the Planning Commission reviewed the following easement and
right-of-way vacations:
-- Public utility easement for lots 13 and 14 in Chelsea Hills
subdivision
-- Public utility easements in Morning Hills No. 1
-- 76th Avenue right-of-waw in the vicinity of Genesis and the proposed
Partridge Hill subdivisions
,
The -Commission recommended approval of the proposals (minutes attached). The
Morning Hill No. 1 proposal is related to a recent land use approval
(MLP 4-86). Washington County Fire District No. 1 requested a temporary
turnaround at the end of Falcon Rise Drive and the Commission wanted to
' emphasize that this should be done.
KL:nn/0072D
Attachment
' .
MEMORANDUM
CITY OF TICARD, OREGON
TO: Honorable Mayor and City Council July 13^ 1087
FROM: Randy CIarno^ Development Services Manager4e
SUBJECT: Community Development Department Report for Proposed Vacation of
a Portion of SW 76th Avenue.
BACKGROUND
SW 76th Avenue between SW Bonita Road and SW Durham road (approximately 4100
feet) is classified as a local street and primarily unimproved. Approximately
1300 feet in improved, most of which in a gravel surface (sue attached map) .
The portion requested for vacation is about 1100 feet lnw3 and located
approximately in the middle of the overall section described above.
Gordon Hobbs of 0R—AK Development Corporation requested that the City vacate a
portion of SW 76th Avenue just mouth of the Gentle Woods subdivision to
facilitate his proposed Partridge Hills subdivision. After reviewing this
request, staff felt that portion of SW 76th Avenue just north of the proposed
Partridge Hills subdivision and east of the existing Gentle Woods subdivision,
should be included in the request before Council. On June 15, 1087 Council
initiated vacation proceedings for both segments of SW 76th Avenue and on
June 23, 1987 the Hearings Officer approved the preliminary plat of Partridge
Hills subject to conditions. One condition of the preliminary plat approval
was that SW 76th Avenue within the proposed plat be vacated.
Subsequent to Council action on June 15, 1087' several questions have been
'
raised concerning access to properties that adjoin that portion of SW 76th
Avenue which is adjacent to the Gentle Woods subdivision. It appears that
significant study in necessary to resolve these questions. Therefore, staff
is recommending that Council exclude that portion of the requested vacation.
FINDINGS
Planninq Commission
The Planning Commission is required to make a recommendation as provided by
Title 15.08 .000 of the Tigard Municipal Code. On July 7, 1087 the Commission
reviewed this request and recommended that it be approved without condition
(See attached memorandum from the Planning staff) .
Lraffic., Pedestrian and Bicycle Circulation
As previously described, this portion of SW 70th Avenue in classified as a
local street and is unimproved. Traffic circulation in the area will not be
enhanced by the improvement of this portion of SW 76th Avenue. Proper traffic
circulation is envisioned to occur by a series of local street connections
between Gentle Woods Drive, SW 76th Avenue near SW Bond Street and SW 79th
Avenue. To the north of GW Gentle Woods Drive, similar local street
connections between SW 79th Avenue and SW Bonita Road should provide for
proper circulation. Pedestrian and bicycle circulation will be provided as
part of these local street connections and improvement of the pathway system
along Fanno Creek.
' .
,
Proposed Vacation Memo
Page 2
July 13' 1087
Fire and Police Services
Responses were received from both the Police Department and Tualatin Fire
District, and neither had concerns relative to service or response time.
Drainaqe and Sanitary Sewer
Both drainage and sanitary sewer services will be provided when adjoining
tracts of land develop. These services are not dependent on utilizing this
right—of—way.
other Utilities
Responses were received from the following other utility providers and none
had objection to the proposal:
Tigard Water District
Northwest Natural Gas
Portland General Electric
General Telephone Company
`
Transportation Plan and Capital Improvements Plan
The Transportation and Capital Improvements Programs are not negatively
impacted by this proposed vacation. The Transportation Plan does not identify
SW 76th Avenue an a right—of—way that must be maintained as a through or other
' route. The Plan has identified SW 70th Avenue, between 8W Bonita Road and
SW Durham Road, as a minor collector which will nerve area local streets .
Future capital improvements have not been identified for this area at this
time. It in anticipated that future development will provide necessary
improvements in the area.
Title
Although determining title to vacated lands in a function of Washington
County, it in my opinion, given statutory guidelines, that title to the
proposed vacation lands will go evenly to properties on the west and east.
RECOMMENDATION
Staff recommends that the proposed vacation of a portion of SW 70th Avenue be
approved without condition.
RSC:on/0067D
7-1
7�4
ell
cc
July 14 , 1987
City of Tigard
City Recorder
P.O. Box 23397
Tigard, OR 97223
Dear Sir:
-7.G
RE: Vacation of S.W. 6-5-th Ave.
S.W. 76th Avenue is the only legal access that I have to my
property described as a portion of lot 32 Durham Acre tracts or
as Tax Lot #300 Sec 12 ac 2S Rge 1 W WM containing 1 . 43 acre more
or less .
If another legal access can be provided that is acceptable or if
someone wanted to purchase my property, I would be glad to
consider such an offer.
Sinceely,
Samu,9.1 A. Gotter Jr.
Ile
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy Clarno July 9, 1987
FROM: Cathy Wheatley
SUBJECT: S.W. 76th Avenue Street Vacation
--Randy, Steve Loar of the Tualatin Fire District called this afternoon concern-
ing the proposed S.W. 76th Avenue Street Vacation proposal. Mr. Loar commented
the street vaction will create a dead-end situation. He suggested having
the subdivision proposed be required to connect with Gentlewoods Drive and
79th.
He will get these comments to you in writing next week.
cw
July 7, 1087
Re: Notice of 76th Avenue Street Vacation (Between S.W. Bonita Road
and S.W. Durham Road); Vacation of Public Street Right-of-Way
Dear Property Owner:
The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at
7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of the above mentioned
utility easements . (See enclosed location map. ) Any interested person may
appear and be heard for or, against the proposed vacation of said lanJs. Any
written objection or remonstrance shall be filed with the City Recorder by
July 27, 1087 by 7:00 P.M. at Tigard City Hall at the address listed below.
Thu vacation requested was initiated on June 15, 1987 by the Tigard City
Council at the request of 0R-AK Corporation of Lake Oswego. to return the land
to private ownerohip. The legal description of the parcel to be vacated is
also attached for your information.
If you need further information, please contact my office.
Sincerely,
/ /� 7� �
\.�!��/�/�*�-� ��/
Catherine Wheatley ~
Deputy City Reonrder,
ow/4407A
CC: Planning Department
City Engineer,
'
'
`
AFFIDAVIT OF MAILING
STATE OF OREGON }
County of Washington ) ss .
City of Tigard )
I' —OAh ' being first duly sworn, on oath depose
and say: (please print) '
That I am the AjLA for
the City of Tigand, 0,egwn. / '
That I served notice of K��l Jlx
for the Tigard City Council /
of which the. attached is a copy (Marked Exhibit A) upon each of the d
��
persons listed on the attached Exhibit B on the ~7�t� day of
108 ' by mailing to each of them at the address shown on tMe attached
Exhibit 8 s�.�'d notice ao he to attached, deposited znUnited St tes Mail
on the day of 198
postage prepaid.
Persol who delivere'd to Post Office
Subscribed and sworn to before me on this N day of
i . HUNT Notary Public For Oregon
r,-, My Commission Expires:
CITYOF TIGA'
July 7, 1987 OREGON
25 Years of Service
1961-1986
(i
Re: Notice of 76th Avenue Street Vacation (Between S.W. Bonita Road
and S.W. Durham Road); Vacation of Public Street Right-of-Way
Dear Property Owner:
The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at
7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of the above mentioned
utility easements. (See enclosed location map. ) Any interested person may
appear and be heard for or against the proposed vacation of said lands. Any
written objection or remonstrance shall be filed with the City Recorder by
July 27, 1987 by 7:00 P.M. at Tigard City Hall at the address listed below.
The vacation requested was initiated on June 15, 1987 by the Tigard City
Council at the request of OR-AK Corporation of Lake Oswego. to return the land
to private ownership. The legal description of the parcel to be vacated is
also attached for your information.
If you need further information, please contact my office.
Sincerely,
()t't4e �e
Catherine Wheatley
Deputy City Recorder
cw/4487A
CC: Planning Department
City Engineer
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
gi = ae;a� i, •
so 9s•
stfN' ltsa»'
ROADWAY
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,
EXHIBIT "A"
That portion of SW 76th Avenue located in the southwest quarter of
Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County' Oregon, being described as follows:
Beginning at the northeast corner of Tract "B"' Gentle Wnndo' a recorded
plat, Washington County Plat Records; thence South 000 12' West, on the west
right—of—way line of SW 76th Avenue (being 40 feet in width), 1063 . 10 feet to
the south line of Lot 23^ Durham Acres, a recorded plat' Washington County
Plat Records; thence North 800 56' East, 40.0 feet to the east right—of—way
lino of said SW 76th Avenue; thence North 000 12' East, on said east
right—of—way line, 1063 . 10 feet to the north line of Lot 83, said Durham
Acres; thence South 890 56' West, 40.0 feet to the point of beginning,
containing 0.978 acres, approximately.
PROFESSIONAL
LAND SURVEYOR
n0 R E7r,—OO—;T'
1840W
1300 3600
Charles A & Colleen M Hess Walter & Joan Brooks
7755 S.W. Gentlewoods Dr. 15570 S.W. 79th Avenue
Tigard, OR 97223 Tigard, OR 97223
1400 2S1 12CD TL 100
Tigard City Hall Neva Elliott
John Williamson & Marvin Smith
3110 S.W. Fairveiw Blvd.
Portland, OR 97201
�¢ 1500 200
l Harry J & Patricia P Saporta Ga Mark
po Gary Frey
1 7745 S.W. Gentlewoods Dr. 15685 S.W. 76th Avenue
Tigard, OR 97223 Tigard, OR 97223
1600
Jon A & Peggy J Chisholm
7735 S.W. Gentlewoods Dr.
Tigard, OR 97223
2S1 12BDTL 300, 400 1700
Robert & Violet Malo John K & Patricia Jehrling
c/o Jacqueline Cornutt 7725 S.W. Gentlewoods Dr.
1170 S.W. Lynn Street Tigard, OR 97223
Tigard, OR 97223
2S1 12CA 100 1800
Robert & Violet Malo John E & Mara Kreick
c/o Jacgeline Cornutt 7715 S.W. Gentlewoods Dr.11720 S.W. Lynn Street Tigard, OR 97223
Tigard, OR 97223
200 1900
HoffaFrank & Paula Silici
12005 S.W.berHall Properties 7705 S.W. Gentlewoods Dr.
12005 S.W
Tigard, OR 97223 Tigard, OR 97223
300 2000
Samuel A. Gotter Jr. Gregory & Janette Gleaves
Rt.6 Box 549 7675 S.W. Gentlewoods Dr.
Hillsboro, OR 97123 Tigard, OR 97223
400 2100
Barbara G. Strickland
Harding Gilbert Carlson
Anita Louise 7710 S.W. Gentlewoods Dr.15245 S.W. 74th Avenue Tigard, OR 97223
Tigard, OR 97223
500 2200
Leonore Borland Michael R & Janet E Hollen
4342 S. Parker Rd. 15200 S.W. Gentlewoods Dr.
West Linn, OR 97068 Tigard, OR 97223
600, 700 3500
John & Nacmi Loewer Richard & Barbara Bradley
14725 S.W. 83rd 15390 S.W. 79th Avenue
Tigard, OR 97223 Tigard, OR 97223
MEMORANDUM
CITY OF TIQHRD, OREGON
TO: Cathy Wheatley I \ July O' 1987
.
FROM: Chief Lehr
^�
SUBJECT: Public Hearings for Street and Easement Vacations
The Police Department has reviewed the material relating to the Chelsea Hills
and Morning Hill easement vacations and the 70th Avenue Street vacation, and
have no objections to the vacations and have no conditions of approval to cite.
DL: xb/1971W
General Telephone Company
of the Northwest, Inc.
12u8DSVV, Ma|n. P O Box 23415
Tga/cl. D/egon97223
July 2, 1487
City of Tigard
P.O. 80X 23397
Tigard, Oregon 97223
Attn: Catherine Wheatley
General Telephone has no conflicts with the proposed vacation areas listed
below:
l, Chelsea Hills #I
Z, Morning Hill #1
3. ) Portion S.N. 76th Ave.
Robert Olsen
Service Supervisor-Engineering
An Opportunity Employer
A pa/1 o| GTE Co'oo/a(ion
NORTHWEST NATURAL GAS COMPANY
220 N.W.SECOND AVENUE PORTLAND,OREGON 97209
(5 0 3) 226-4211 July 1 , 1987
City of Tigard
Attn: Catherine Wheatley
P.O. Box 23397
Tigard, Oregon 97223
Re: Proposed Vacation of a portion of SW 76th Avenue
Dear Ms . Wheatley:
Please be advised that Northwest Natural Gas Company
has no facilities within the proposed vacation area.
We would, therefore, have no objection to the City
vacating the area.
Please notify us when the vacation is complete so
that we can update our records accordingly.
Sincerely,
&V 44X
Diantha G. Beal
Engineering Department
CC: R. Polvi
Vacation File
Plat : 46-21
June 30, 1087
Re: Notice of 70th Avenue Street Vacation (Between S.W. Bonita Road
and S.W. Durham Road) ; Vacation of Public Street Right-of-Way
Dear Property Owner:
The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at
7:00 P.M. at the Tigard Civic Center Town Hall Room, 13126 SW Hall Boulevard,
Tigard' Oregon to consider the proposed vacation of the above mentioned
utility easements . (See enclosed location map. ) Any interested person may
appear and be heard for or against the proposed vacation of said lands. Any
written nbjeotiun or remonstrance shall be filed with the City Recorder by
July 27, 1987 by 7:00 P.M. at Tigard City Hall at the address listed below.
The vacation requested was initiated on June 15' 1087 by the Tigard City
Council at the request of 8R-AK Corporation of Lake Oswego. to return the land
to private ownership. The legal description of the parcel to be vacated is
also attached for your information.
If you need further information, please contact my office.
Sincerely,
Lorean R. Wilson
City Renurder,
lw/4487A
CC: Planning Department
City Engineer
'
June 30, 1087
Ru: Chelsea Hill No. 1 Subdivision (Lots 13 and 14)
Vacation of Public Utility Easements
Dear Property Owner:
'
The Tigard City Council will hold a public hearing on Monday, July 27, 1087 at
7:00 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of the above mentioned
utility easements. (See enclosed location map. ) Any interested person may
appear and be heard for or against the proposed vacation of said lands . Any
written objection or remonstrance shall be filed with the City Recorder by
July 27, 1087 by 7:00 P.M. at Tigard City Hall at the address listed below.
The vekcatinn requested was initiated on June 15, 1987 by the Tigard City
^Council at the request of Jay Miller Builders to return the land to private
ownership. The legal description of the parcel to be vacated is also attached
for your informatinn.
If you need further information' please contact my office,
Sincerely,
Lnreen R. Wilson
City Recorder
lu/4487A
CC: Planning Department
City Engineer
AFFIDAVIT OF POSTING
In the Matter of the Proposed
S.W. 76TH AVENUE STREET VACATION (BETWEEN SW BONITA
AND SW DURHAM ROAD)
STATE OF OREGON
County of Washington) ss.
City of Tigard
being first duly sworn, on
oath depose and say:
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the S.W. 76th Avenue Street Vacation for
the July 27, 1987 Council meeting — a copy of said notice being
hereto attached and be reference made a part hereof, on the day of
19
4-D
CY;�?
"CC(
/c
SubZcribed and sworn to before me this, �'�day of
�-7
Notary Public for Oregon
Affidavit of Posting My Commission Expires:'_ ,
CITY OF TIGARD
NOTICE SW 76TH AVENUE STREET VACATION
(Between S.W. Bonita Road and SW Durham Road)
The Tigard City Council will hold a public hearing on Monday, July 27, 1987 at
7:00 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard,
Tigard, Oregon to consider the proposed public street right—of—way vacation
for a portion of SW 76th Avenue between SW Bonita Road and SW Durham Road to
facilitate a proposed 45 lot subdivision (currently under review). The
request was initiated by the City Council on June 15, 1987 at the request of
OR—AK Corporation of Lake Oswego. Any interested person may appear and be
heard for or against the proposed vacation of said lands. Any written
objections or remonstrances shall be filed with the City Recorder by July 27,
1987, by 7:00 p.m.
TT Publish June 25, July 2, 9, 16 and 23, 1987
4
t
'
'
CITY OF TZQARD' OREGON
RESOLUTION NO. 87— ��^�
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 76TH AVENUE WITHIN
DURHAM ACRES, A RECORDED PLAT, IN THE CITY OF TIGARD^ WASHINGTON COUNTY,
OREGON (0R—AK' INC. ) .
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of public street right—of—way; and
WHEREAS, this portinVof land was previously granted for public street and
utility purposes, it- has been determined to not be needed by the City for this
purpose in its current alignment; and
WHEREAS, the Tigard City Council finds it necessary and desirable to initiate
vacation proceedings for said parcel.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that-
'
(l) That the Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings and that the
benefiting property owner' 0R—AN, Inc. , and the City of Tigard' pay all
fees and charges as set out in TMC Chapter 16.08.
(2) That a public hearing is hereby called to be held by the City Council on
Monday, July 27, 1987' at 7:00 P.M. at the Tigard Civic Center Town Hall
Room, 12125 SW Hall Boulevard, within the City of Tigard, at which time
and place the Council shall hear any objections thereto' and any
interested person may appear and be heard for or against the proposed
vacating of said lands.
(3) That the City Recorder be, and she in hereby, authorized and directed to
cause to have published in the Tigard Times, a newspaper of general
circulation in the City of Tigard hereby designated for such ^purpose, a
notice of said hearing in the fnrm hereto attached and by this reference
made m part hereof, the first publication to be June 25^ 1987 and once
each week thereafter for five publiuhingu in all. ,
The Recorder be, and she is hereby, further directed to cause to have
posted within five (S) days after the date of first publication, a copy
of said notice in the form attached, at or near each end of the area
proposed to be vacated.
RESOLUTION NO. 87—
Page 1
. '
(4) That the particular portion of granted public street right-of-way
proposed to be vacated is described on the attached sheet headed Exhibit
"A" and by reference made a part thereof.
PASSED: This day of ^ 1087'
Mayor - City of Tigard
ATTEST:
-
Deputy City Recorder City "-df Tigard
'
(RC:nb/1485W/0013W)
�
RESOLUTION NO. 87-�____
^
. .
EXHIBIT "A"
That portion of SW 76th Avenue located in the southwest quarter of
Section 12^ Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard' Washington County, Oregon, being described an follows:
Beginning at the northeast corner of Tract "B", Gentle Woods, m recorded
plat, Washington County Plat Records; thence South 000 12' West, on the went
right—of-way line of--SW 76th Avenue (being 40 feet in width), 1068.10 feet to
the south line of Lot 23' Durham Acres, a recorded plat, Washington County
Plat Records; thence North 800 56' East, 40.0 feet to the east right—of—way
line of said SW 76th Avenue; thence North 000 12' East, on said east
right—of—way line, 1068.10 feet to the north line of Lot 33, said Durham
Acres; thence South 890 56' Went, 40.0 feet to the point of beginning, '
containing 0.976 acres, approximately. OREGO
.
PROFESSIONAL
LAND SURVEYOR
'DAD
'
ON T. FEIGION
252
1646W
' �ez.zs ui ....... z . s
1000 • •1100 1200 N 4w 56 t13or 1400 •,'..
loo
//��
H Q
n o n 1.77 Ac.
3 4 5 6
T
150033 tg33
GENTLE 7 Rn 127,�•
70 tOt Q 1�� zi
Zoo r
00 _ .,
29
0 2$0� 1600 : ;: .56 Ac.
21
20
70 9r.77 3
110 92.77 •9`j• 6 SJe 77 3.
?600 2700 ��,aao 1700 N
9 $ 300
1$ v 19 >x=20 ms o` ?T " 1.43 AC.
1800
z„3„�J Z p a90
10
31,42
.500 iR 1Tn 3 0 a a �00 JJ t X93 Y
17y# 2200 v 96 190? 15
=
14
2400 2000
1623M ¢ / 2100
�Q t5 � 13 ATIAL Csa 12
pt�4 1 10 r cr`�i sine ��Q
52n 1a sn 1a+ 328 10 ' � _
EUEIQT)
400 �rs2 I;FT D -
1.68E
Ac. BE_ VAc.1?7c o:
h
-7 IR 26 >a
rl
500
166 Ac.
F R�Sti4..+t•
N •r 24
I
1 i -
SW 76th AVE
---ry, - : ' -----� 1 . ' --- �- STREET SURFACES
1} f CURBED AND
........
PAVED
PAVED
GRAVEL
400'
.5 ? 100 YR
{ t';•:•; FLOODPLAIN
——--i— -- •a.
..........
....... ....
. ...........
...... ..........
. . .. ........
. .........
...........
.... ..........
.............. .
...............
. ............ . ......
Q •- . ..........
{ 7-7 ..... ......
:•.......
::: :::•:::: :•.
S.W. GEN".,
ry
F•' <:•.
�o =.:::
us o ' =x•.,:.. i ice+
. .... .
. ..... ..
6s
SW KABLE LN. —
N u} ::. ..•• l l
SW
CHURCHILL :•:,•:: 3 a i �qP
z• ui r I
t: _
,us
JtR!-IAN+ i : 11
......
. • /J.
C17YOFTIGARD
Y
1961-1986
Ti---,
OREGON
25 Years of Service
June 29, 1987
General Telephone Company
Attn: Bob Olson
P. 0. box 23416
Tigard, OR 97223
Dear Mr. Olson:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
o Chelsea Hills No. 1
(Easements)
o Morning Hill No. 1
(Easements)
o Portion SW 76th Avenue
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
Catherine Wheatley
Deputy City Recorder
ow
Enclosure
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITYOFTIIFARD
June 29, 1987 OREGON
25 Years of Service
196
CITY
1-1986
Northwest Natural Gas Company
Attn: Mr. Jack Mills
210 NW Second Avenue
Portland, OR 97209
Dear Mr. Mills:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. I
(Easements)
• Morning Hill No. 1
(Easements)
• Portion SW 76th Avenue
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171.
Sincerely,
Catherine Wheatley
Deputy City Recorder
cw
Enclosure
13125 SW Hall Blvd,,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITYOFTIIFAPD
OREGON
25 Years of Service
June 29, 1987 (Y 1961-1986
P.G.E. Company
Attn: Jim Ryan
14655 S.W. Old Scholls Ferry Rd.
Beaverton, OR 97005
Dear Mr. Ryan:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. 1
(Easements) L) P&F- kEEb5. hA F-AsF-MC-kT- r-Oe- T*f-
NNC'Ugmj�' Tit N4spoef'- .R- 'Ib
• Morning Hill No. 1 6A -Lsl3a. L�.T- L,.IL. —jjtF -r96,4sFogMt�L taaKs
(Easements) T-16 SF- OQT OF 'ME
Tt- BE MEL--woru -ro
ep,sE.meAv- As &&T
7-� FF-Elb,"LL
elfL A4
• Portion SW 76th Avenue 41-*rM4A-nsj rr- ko..Wr.' "-r ,,,,,sr PAJ
Iid. P2.'6LE-'t'
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171.
Sincerely,
Catherine Wheatley
Deputy City Recorder
ew
Enclosure
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CIT YOFTIFARD
OREGON
June 29, 1987 25 Years of Service
1961-1986
Tigard Water District
Attn: Bob Santee
8841 S.W. Commercial Street
Tigard, OR 97223
Dear Mr. Santee:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. 1 No problems
(Easements)
• Morning Hill No. 1 Parcel I: Existing 6" D.I. water
(Easements) main 6" from proposed vacation. TWD
needs 10' on each side of pipeline
for maintenance. (See map) .
• Portion SW 76th Avenue Parcels II & III : No problems .
*'- No problems, except assume Gentle
Woods Lane will substitute therefor.
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
Catherine Wheatley
Deputy City Recorder
ow
Enclosure
13125 SW Hall Blvd.,RO,Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY
OF TIVARD
OREGON
June 29, 1987 25 Years of Service
1961-1986
Tualatin Rural Fire District
Attn: Tom Thompson
P. 0. Box 127
Tualatin, OR 97062
Dear Mr. Thompson:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
ofapproval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. I
(Easements)
• Morning Hill No. 1
(Easements)
• Portion SW 76th Avenue
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
Catherine Wheatley
Deputy City Recorder
ow
Enclosure
13125 SW Hall Blvd.,RO.Box 23397,Tigard,Oregon 97223 (503)639-4171
11 EC I
M11 1 1987
CITYOFTIIFARD
N
OREGON
25 Years of Service
June 29, 1987 1961-1986
Unified Sewerage Agency
Attn: Terry Chamberlain
105 North First
Hillsboro OR 97123
Gentlemen:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
o Portion SW 76th Avenue
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
IL
Catherine Wheatley
Deputy City Recorder
cw
Enclosure
11" NZ91A. -11110 Sr-- VA'--jS-T- V-0 WtTI+it'j 11-W GtT-y "t"jP WF
*40
We -P0 AW&
4x� LA-Yr 51AW1\410tJ
13125 SW Hall Blvd,,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITYOFTIVAMD
OREGON
June 29, 1987 25 Years of Service
1961-1986
(i
Washington County Fire District No. 1
20665 S.W. Blanton Street
Aloha, OR 97007
Gentlemen:
The City of Tigard is considering vacation of the area shown on the attached
map. Please respond, in writing, with regard to any concerns you foresee
should this proposed vacation be approved. Also, cite any conditions of
approval you would recoomend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
o Morning Hill No. I
(Easements)
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
Catherine Wheatley
Deputy City Recorder
ew
Enclosure
13125 SW Hall Blvd.,RO.Box 23397,Tigard,Oregon 97223 (503)639-4171
C17YOFTIGARD
OREGON
July 29, 1987 25 Years of Service
(Y 1961-1986
Willamette Cable
Attn: Frank Stone
14200 S.W. Brigadoon Court
Beaverton, OR 97005
Dear Mr. Stone:
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. I
(Easements)
• Morning Hill No. 1
(Easements)
Due to time constraints, please return this letter and any questions you
have regarding this matter by July 8, 1987 to Catherine Wheatley, Deputy
City Recorder, City of Tigard, P. 0. Box 23397, Tigard, OR 97223, 639-4171 .
Sincerely,
tGt_v"P/ tvA-E'er
Catherine Wheatley
Deputy City Recorder
cW
Enclosure
13125 SW Hall Blvd.,RO.Box 23397,Tigard,Oregon 97223 (503)639-4171
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Chief Lehr June 29, 1987
FROM: Cathy Wheatley 6'-�)
SUBJECT: Public Hearings for Street and Easements Vacations
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. 1
(Easements)
• Morning Hill No. 1
(Easements)
• Portion SW 76th Avenue
Due to time constraints, please return this memorandum with any concerns/comments
you may have to me by July 8, 1987.
Thanks for your help.
cw
Attachments
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Keith Liden June 29, 1987
FROM: Cathy Wheatley
SUBJECT: Public Hearings for Street and Easements Vacations
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
o Chelsea Hills No. 1
(Easements)
o Morning Hill No. 1
(Easements)
o Portion SW 76th Avenue
Due to time constraints, please return this memorandum with any concerns/comments
you may have to me by July 8, 1987.
Thanks for your help.
cw
Attachments
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy Clarno June 29, 1987
FROM: Cathy Wheatley P
SUBJECT: Public Hearings for Street and Easements Vacations
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions
.of approval you would recommend to protect your interests.
AREA TO BE VACATED PROBLEMS TO BE ADDRESSED
• Chelsea Hills No. 1
(Easements)
• Morning Hill No. 1
(Easements)
• Portion SW 76th Avenue
Due to time constraints, please return this memorandum with any concerns/comments
you may have to me by July 8, 1987.
Thanks for your help.
ew
Attachments
MEMORANDUM
CITY OF TIGARD' OREGON
TO: Keith Liden & Randy Clarnu June 26, 1087
FROM: Cathy Wheatley
SUBJECT: Vacations Scheduled for Council Public Hearing - July 27, 1987
Attached is a copy of each letter which will be sent to surrounding property
owners notifying them of the July 27, 1987 Council hearing for the following
vacation requests :
Chelsea Hills No. 1 Subdivision (Lots 13 and 14) - Vacation of Public
Utility Easements
Morning Hill No. 1 Subdivision (Lots 85, 36 & Tract I) - Vacation of
Public Utility Easements
Notice of S.W. 76th Avenue Street Vacation - (Between S.W. Bonita Road and
S.W. Durham Road)
Please refer to TMC 15.08 if you wish to recheck vacation ordinance
requirements which outline the information needed from your offices to be
presented at the Council' s Public Hearing.
Please note this is due July 10 for the packet of the 27th.
cw/4720A
19 . Where building rain drains will not slope toward the
street, a public storm sewer line or private line with a joint
maintenance/access agreement will be required.
20. After review and approval by the Director of Conimunity
Development and the City Engineer, the final plat shall be recorded
with Washington County. Submit the final plat to ion Feigion in
Engineering for coordination of review and signature approval.
21. This approval is valid if exercised within one year of
the final approval. date.
DATED this 23rd day of June , 1987 .
HEARINGS OFFI-CER
Page 5 S 87-06 , SL, 87--06
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 15, 1987 DATE SUBMITTED: 'June 4, 1987
ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: None
Request - A Portion of SW 76th
Avenue between SW Bonita Road and—
SW Durham Road PREPARED BY: Randy Clarn�
REQUESTED BY: OR-AK CorpodMion and
DEPT HEAD OK_166K�-CITY ADMIN OK the City of Tigard
POLICY ISSUE
Council initiated easement vacation request - consistent with Council policy
as adopted by Resolution No. 85-30.
INFORMATION SUMMARY
OR-AK Corporation of Lake Oswego is requesting the vacation of a portion of 8W
76th Avenue between SW Bonita Road and SW Durham Road to facilitate a proposed
45 lot subdivision. - 0R-AN Corporation' s subdivision application is currently
under review. The proposed segment, and significant portions north and south
of this segment, are currently unimproved (nee attached map) . The portion
directly north of the proposed segment in adjacent to public greamway which
was dedicated an part of the Gentle Woods subdivision plat. This portion is
also within the 100 year floodplain and probably will never be developed.
Staff is recommending that this segment be included in the vacation and that
the overall cost of the vacation be prorated based on lineal footage between
the City and OR-AK Corporation.
If the attached resolution is approved' the public hearing would be scheduled
for 7/27/87. The City Recorder will mail notice to each property owner who
would normally be required to sign a vacation petition.
ALTERNATIVES CONSIDERED
1. Approve attached resolution calling for public hearing on 7/27/87. If
Council has concerns about including that portion adjacent to Gentle
Woods, it mould be excluded from the vacation area at the hearing. Staff
would attempt to address theme concerns prior to the hearing.
2. Take no action at this time and require property owner to circulate
petition.
FISCAL IMPACT
1 . Fees paid by applicant and the City (if portion adjacent to Gentle Woods
is included) .
SUGGESTED ACTION
Staff recommends alternative #1 .
RSC:cn/1472W/0013W
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CITY OF TIGARD^ OREGON
RESOLUTION NO. 87__�_^1_
A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 70TH AVENUE WITHIN
DURHAM ACRES, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY,
OREGON (OR-AK, INC. ) .
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of public street right-of-way; and
WHEREAS, this portion of land was previously granted for public street and
utility purposes, it has been determined to not be needed by the City for this
purpose in its current alignment; and
WHEREAS, the Tigard City Council finds it necessary and desirable to initiate
vacation proceedings for said parcel.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) That the Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings and that the
benefiting property owner, OR-AK, Inc. , and the City of Tigard, pay all
fees and charges as set out in TMC Chapter 15.08.
(2) That a public hearing is hereby called to be held by the City Council on
Monday' July 27^ 1987' at 7:00 P.M. at the Tigard Civic Center Town Hall
Room, 13125 SW Hm\I Boulevard, within the City of Tigard, at which time
and place the Council shall hear any objections thereto, and any
interested person may appear and be heard for or against the proposed
vacating of said lands.
(3) That the City Recorder be, and she is hereby, authorized and directed to
cause to have published in the Tigard 'Times, a newspaper of general
�
circulation in the City of Tigard hereby designated for such purpose, a
notice of said hearing in the form hereto attached and by this reference
made a part hereof, the first publication to be June 25, 1987 and once
each week thereafter for five pu6liohings in all. ,
The Recorder be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a copy
of said notice in the form attached, at or near each end of the area
proposed to be vacated.
/�
RESOLUTION NO, 87- ��_�`ƒ`_
Page 1
(4) That the particular portion of granted public street right—of—way
proposed to be vacated in described on the attached sheet headed Exhibit
"A" and by reference made a part thereof.
PASSED: This day of ' 1987.
Mayor — City of Tigard
Al TEST:
Deputy City Recorder City Wf Tigard
(RC: yb/1485W/0813W)
�
'
RESOLUTION NO. 87—
Page 2
`
EXHIBIT "A"
That portion of SW 76th Avenue located in the southwest quarter of
Section 12, Township 2 South, Range 1 West, Willamette Meridian' City of
Tigard, Washington County, Oregon, being described as follows:
Beginning at the northeast corner of Tract "B"^ Gentle Woods, a recorded
plat, Washington County Plat Records; thence South 000 12' West, on the west
right—of—way line of GW 76th Avenue (being 40 feet in width), 1063. 10 feet to
the south line of Lot 23, Durham Acres, a recorded plat, Washington County
Plat Records; thence North 890 56' East, 40.0 feet to the east right—of—way
line of said SW 76th Avenue; thence North 800 12' East, on said east
right—of—way line, 1063. 10 feet to the north line of Lot 33' said Durham
Acres; thence South 800 56' Went, 48.0 feet to the point of beginning,
containing 0.976 acres, approximately.
RMSTERED
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GENTLE ?J , 127
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�DJRHAN
STAFF REPORT AGENDA ITEM 2.1
JUNE 11, 1987 — 7:00 P.M.
TIGARD PLANNING COMMISSION
TIGARD CITY HALL — TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1 . General Information
CASE: Subdivision S 87-06, Sensitive Lands Permit SL 87-06
REQUEST: To subdivide 11.76 acres into 45 lots ranging between 5,555
and 11,000 square feet to modify a drainageway, and to install
a sewer line within the 100 year flood plain.
COMPREHENSIVE PLAN DESIGNATION: Low and Medium Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) and R-7
(Residential, 7 units/acre).
APPLICANT: OR—AK CORP.
13050 Forest Meadows Way
Lake Oswego, OR 97034
OWNERS: Harding & Anita Carlson Lenore Borland
15245 SW 74th Ave. 4342 South Parker Rd.
Tigard, Or 97223 West Linn, OR 97068
Walter & Jean Brooks Richard & Barbara Bradley
15540 SW 79th Ave. 15390 SW 79th Ave.
Tigard, OR 97223 Tigard, OR 97223
LOCATION: 15000 block of SW 79th Ave. south of Gentlewoods Subdivision
(WCTM 2SI 12CA, lots 400, 500, 3500, 3600)
2. Background Information
No previous land use proposals have been reviewed by the City.
3 . Vicinity Information
The Fanno Creek Flood Plain and the I—P (Industrial Park) zone lie along
the eastern boundary of the property. Gentlewoods subdivision (zoned
R-4.5, planned development) is directly north and small acreage homesites
zoned -R-7, R-12 (Residential 7 or 12 units/acre), and R-4.,5 lie to the
west and south. SW 79th Avenue is designated as a minor collector street
and it borders the property on the west.
STAFF REPORT OR—AM CORP. S'87-06 & SL 87-06 — PAGE 1
REQUESTS FOENT
3
TO: WAITIDE- I qA7
FROM: Tigard Planning Department P1�N ��r
RE: S 87-06/SL 87-06 Reauest by BROOKS/R0RT.AND-/`rART-SQN-.4RR anr.PV fnr Sub
approval to divide a 11 . 76 acre prQperty into 45 lots ranging between 5 , 555
and 11 ,000 square feet and or sensitive Lands approval t-0 madify -a--A-Ainaq
and install a sewer line within the 100 year flood plain on property zoned
R-4. 5 and R.-7 (Residential , 4. 5 or 7 6nits/acre) . T,orateao 15000 block
of SW 79th Avenue south of Gentlewoods Subdivision.
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 June
2nd _, 19 87 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 commont3 and
confirm your comments in writing as soon as possible. If you have any
questions regarding this matter,. contact the Tigard Planniing Department, P.O.
Box 23397, Burnham and*Ash Ave. , Tigard, OR 97223. Phone: 639-4171.
STAFF CONTACT: Keith Liden
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of'our office.
Please refer to the enclosed letter.
Written comments:
Name of Person Commenting: Cv-c4a-
Phone No.
(KSL:Pm/0356P)
4. Site Information and Proposal Description
The two eastern tax lots (400' 500) are undeveloped, partially within the
180 year flood plain of Fanno Creek, and zoned R-7. Tax lots 3500 and
3600 each contain one dwelling with access onto 79th Avenue and are zoned
R-4.5. The undeveloped right-of-way for 76th Avenue separates tax lots
408 and 500 from 3500 and 8600.
The applicant proposes to combine the four properties for the purpose of
creating a 45 lots subdivision. Qentlewnods Drive is intended to be
extended south and 76th Avenue in to be vacated and placed in a new
location. One street access will be provided to 70th Avenue.
A 6rainageway travels from west to east through the southern portion of
the property. The applicant intends to regrade the property to make it
more suitable for street and building construction and the utormwater will
be accommodated with a storm sewer line that will terminate at Fanno
Creek . The sanitary sewer line will also be located in the Fanno Creek
flood plain in order to connect with a trunk line that parallels the creek.
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. SW 79th Avenue is under the jurisdiction of the City and is classified
as a minor collector which provides two lanes of moving traffic and
turn lanes where necessary. Existing improvements and right-of-way
are substandard. Existing topographic conditions prevent the
completion of half-street improvements, along to applicant' s frontage,
to recommended design standards without negatively impacting adjacent
properties. In lieu of half-street improvements, the applicant should
sign a waiver of remonstrance for future participation in local
improvement district. The proposed new public street accessing
SW 79th Avenue should meet design standards for sight-6istance. In
addition, the applicant should also demonstrate to the satisfaction of
the Engineering Section by completing a preliminary centerline design
profile and necessary cross sections that ultimate improvement of
SW 79th Avenue to design standards will not significantly impact
adjacent lntn .
The applicant should also provide a 1 font non-access strip along the
entire frontage of SW 79th Avenue which would prohibit direct access ,
6. All internal streets are proposed to be of a local classification and
must meet local street design standards. SW Gentle Woods Drive will
be extended south into a tee intersection. The applicant is also
proposing to vacate the existing unimproved SW 70th Avenue
right-of-way which will provide for more logical development of the
property to the south. The applicant has already initiated the
vacation process and City Council is scheduled to hear the request on
July 27' 1987.
c. The applicant proposes to extend sanitary sewer service west, through
the site to SW 79th Avenue' from the Fanno Creek interceptor. A
connection permit from Unified Sewerage Agency, who has jurisdiction
over the Fanno Creek interceptor, must be obtained by the applicant.
STAFF REPORT - 0R-AK CORP, S 87-06 & SL 87-06 - PAGE 2
6. The proposed storm drainage system includes piping the existing
drainageuay and extending this piped system where necessary to
accommodate the proposed streets and lots. An engineered fill will be
required for new grading in the Jrainageway. In addition' the
proposed closed storm drainage system will need to be extended to the
went nide of SW 79th Avenue and be sized to handle ultimate upstream
runoff.
e. All lands within the 100 year flood plain shall be dedicated to the
public as greenway .
The Building Inspection Division has the following comments:
a. The building on lots 1 and 2 must he moved or demolished .
6. Sewer connections will be required for the existing residences .
C. Provision should be made for storm drains for the two existing
residences.
d. Where building rain drains will not slope toward the street' a public
storm line or private line with a joint maintenance/access agreement
will be required.
e. A soils engineer report will be necessary covering the areas to be
excavated or filled.
The Tualatin Rural Fire Protection District street that fire hydrant
locations must he approved as part of the final plat process.
The Tigard School District notes that development such as this will tend
to shrink the Durham Elementary School attendance area but the District
anticipates no problems in accommodating the increase student population,
General Telephone and Tigard Water District have no objection to the
request.
The Parks and Recreation Board recommends that paved pedestrian paths be
provided between lots 18 and 10 and 12 and 13 . It is also suggested that
a pathway be constructed along Fannu Creek .
No other comments have been received .
B. FINDINGS AND CONCLUSIONS
The proposed subdivision in consistent with Community Development Code
requirements for overall density, minimum lot size for the respective
zones, and lot dimensions. Additional discussion is necessary regarding
existing buildings on the property' grading, flood plain, open space
dedication, alignment of 76th Avenue, and the applicable Sensitive Lands
criteria.
STAFF REPORT -- OR—AK CORP. S 87-00 & SL 87-00 - PAGE 3
Existing Buildings
As noted by the Building Inspection Division the building shown on lots 1
and 2 must be removed prior to recording the final plat. In addition, the
existing house on lot 45 appears to have a rear yard setback of 12-13 feet
and a 15 font setback is required. All buildings to remain must be shown
to meet all applicable setback standards as a condition of the final plat.
Site Grading
The proposed grading in some areas of the property in extensive and as a
result trees cannot be retained throughout the subdivision. The notes on
the preliminary plat indicate that lots 11-18 will only have trees removed
an necessary to install utilities and houses. This protection should be
expanded to include lots 7-10 and 25-37. Also, it appears that the amount
of filling shown along the northern edge of lots 19-22 could be reduced in
order to retain existing trees along this property line. Probably the
best method for determining which trees to be saved can be made during a
field visit involving the staff and applicant.
Flood Plain
The applicant intends to dedicate the 100 year flood plain to the City for
open space purposes. The proposed lot boundaries do not coincide with the
100 year flood plain elevation. In order to avoid the creation of
unclaimed area, the plat boundary should also represent the western extent
of the flood plain area to be dedicated. While in the process of making
this adjustment, lot 12 should he made deeper and more rectangular in
shape to avoid the potential for building setback problems,
Open Space Dedication
The 100 year flood plain of Fannn Creek is identified as a greenway area
in the Comprehensive Plan. Along with the dedication of this area as a
condition of development, public access in the form of pathways should
also be provided. The Park Board recommended paved pedestrian access
between lots 18 and 19' 12 and 13^ and along Fanno Creek. The slope
between lots 10 and 10 is about 24% and therefore the only access to the
flood plain should occur between lots 12 and 13.
The provision of a pathway along the creek is rioted in the Plan and
Section 18.84 .048(a)(5) requires installation unless it "is deemed by the
Hearings Officer as untimely" . There are no developed sections of pathway
between Bonita Road and Durham Road and a conceptual alignment has not be
established. Since the eastern nide of the flood plain in zoned I-P and
the western is designated for residential use, a pathway along the western
flood plain boundary would be preferable. However' this segment of Fannn
Creek contains a number of steep banks such as the section adjacent to
lots 18 and 10. Construction of a path through these areas will be
expensive to construct and maintain.
Because of the uncertainties related to the proper alignment of the path'
the staff recommends that only the access between lots 12 and 13 6e
provided at this time. This recommendation is consistent with previous
Sensitive Lands approvals in the vicinity .
STAFF REPORT - OR-AK CORP- S 87-06 & SL 87-O6 -- PAGE 4
76th Avenue Alignment
The northernmost development of the 76th Avenue right—of—way ends
approximately 700 feet south of the subject property. The vacant portion
of this 40 foot wide right—of—way does not correspond well with the
terrain or the 100 year flood plain boundary. The proposed vacation of
76th Avenue and the establishment of a new street approximately 110 feet
to the east will work well for the development of the subject property.
The applicant has an obligation to provide a street stub in a suitable
location for the abutting southern property. The property to the south is
also partially within the 100 year flood plain but the exact location must
be determined by a survey. The dimensions of the developable portion of
the southern property should be determined in order to identify the most
appropriate street location.
Sensitive Lando
In order to approve a proposal that involves a drainageway the following
criteria contained in Section 18.84.040(c) must be satisfied:
l . The extent and nature of the proposed land form alteration or
development will not create site disturbance to the extend greater
than that required for the use;
2. The proposed land form alteration or development will not result in
erosion, steam sedimentation, ground stability or other adverse
on—site and off—site effects or hazards to life or property;
3 . The water flow capacity of the drainageway is not decreased; and
4. Where natural vegetation has been removed due to land form alteration
or the development, the areas not covered by structures or impervious
surfaces will be replanted to prevent erosion in accordance with
Section 10. 100 (LANDSCAPING AND SCREENING) .
In order to approve a proposal that involves the 100 year flood plain, the
following criteria contained in Section 18 .84.040 (a) must be satisfied:
1. Land form alterations shall preserve or enhance the flood plain
storage function and maintenance of the zero—font rise flno6way shall
not result in any narrowing of the flwodway boundary,
2. The land form alteration or development within the 100 year flood
plain shall be allowed only in an area designated as commercial or
industrial on the Comprehensive Plan Land Use Map;
3 . The land form alteration or development is not located within the
floodway;
4 , The land form alteration or development will not result in any
increase in he elevation of the zero—foot rise floodway;
STAFF REPORT — 0R—AK CORP. S 87-06 & SL 87-00 -- PAGE 5
5. The land form alteration or development plan includes a
pedestrian/bicycle pathway in accordance with the adopted
pedestrian/bicycle pathway plan, unless the construction of said
pathway in deemed by the Hearing Officer as untimely;
0. The plans for the pedestrian/bicycle pathway indicate that no pathway
will be below the elevation of an average annual flood;
7. The land within the 100 year flood plain boundary which remains after
development shall be dedicated to the public.
The excavation and fill work in and near the drainageway is necessary to
effectively utilize the property. Sanitary and storm sewer facilities
will be installed within the 180 year flood plain but upon completion, the
existing topography will be virtually unchanged. No other land form
alterations are proposed within the flood pIain.
The suggested conditions of approval noted below will require that
assurances be made to the Engineering Division that the potential negative
impacts listed in the above criteria will not occur. Provided the
conditions below are met, this application in consistent with the above
Code provisions .
C. RECOMMENDATION
Based upon the discussion above, the Planning staff recommends approval of
S 87-06 and SL 87-06 subject to the following conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED PRIOR TO
RECORDING THE FINAL PLAT.
2. The applicant shall demonstrate to the satisfaction of the Engineering
Section by completing a preliminary design profile and necessary cross
sections, that ultimate improvement of SW 79t6 Avenue to 30 MPH design
standards will not significantly impact adjacent lots. In addition
the applicant shall demonstrate that a minimum of 250 feet of
sight-distance is available at SW Partridge Lane. Contact John Hayman
in Engineering for further information.
3 . Additional right-of-way shall be dedicated to the public along the
SW 79th Avenue frontage to increase the right-of-way to 38 feet from
centerline. The description for said dedication shall be tied to the
existing right-of-way centerline as established by Washington County ,
4. 8 one (1 ' ) foot reserve strip granted to the "City of Tigard" shall be
provided at the terminus of SW Gentle Woods Lane,
S. The SW 76th Avenue right-of-way within the proposed subdivision shall
be vacated.
h. The 100 year flood plain boundary for the property immediately south
shall be identified by survey to determine the dimension of the
developable portion of the property . Based upon this information' thp
Planning Director shall approve final location and alignment for
Gentle Woods Lane.
STAFF RE-PORI - 0R-AK CORP, S 87-00 & SL 87-06 - PAGE 6
7. Street Centerline Monumentation
a. In accordance with ORS 92.060 subsection (2)' the centerlines of
all street and roadway right—of—ways shall be mmnumented before
the City shall accept a street improvement.
b. Al} centerline monuments shall be placed in a monument box
conforming to City standards, and the top of all monument boxes
shall be net at design finish grade of said street or roadway .
o. The following centerline monuments shall be set:
(1) 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;
(2) Center of all cul—de—sacs;
(3) Curve points . Point of intersection (P.I. ) when their
position falls inside the limits of the pavement otherwise
beginning and ending pointy (8.C. and E.C. ) .
(4) All sanitary and storm locations shall be placed in positions
that do not interfere with centerline mmnumentation.
8. The applicant shall connect the existing homes on lots 1 and 45 to the
public sanitary sewer system. A connection permit from the Building
Section will be required.
Q. SW Gentle Woody Drive, SW Gentle Woods Lane and SW Partridge Lane
shall be designed and constructed to local street standards.
10. The area below the 100 year flood plain elevation shall be dedicated
as greenway — open space to the City.
11. Sanitary and storm sewer details shall be provided an part of the
public improvement plans . Calculations and topographic service area —
basin map shall be provided as a supplement to the Public Improvement
plans, to demonstrate evidence of area — basin full development
serviceability. The location and capacity of -existing . and proposed
lines shall be addressed.
12. All public sanitary and storm drainage lines not within public streets
shall be encumbered by 15 foot public easement.
13 . Upon completion of cursory review of the public improvement drawings
by the Engineering Section, seven (7) complete sets and one (1)
itemized construction cost estimate, stamped by a Registered
Professional Civil Engineer shall be submitted to the Engineering
Section for final approval .
STAFF REPORT — 0R—AK CORP. S 87-06 & GL 87-06 — PAGE 7
'
14. Construction of proposed public improvements shall not commence until
after the Engineering Section has issued approved public improvement
plans. The Section will require posting of a 100% Performance
Assurance, the payment of a permit fee and a sign
inatallation/utreetlight fee. Also, the execution of a construction
compliance agreement shall occur prior to, or concurrently with the
issuance of approved public improvement plans,
15. An 8 foot wide paved pedestrian/bicycle pathway within a minimum
easement width of 10 feet shall be provided between lots 12 and 13 .
The path design and lighting shall be reviewed and approved in
conjunction with the public improvement plans.
10. A soils engineer report shall be required prior to issuance of
building permits on all lots effected by the proposed regrading.
17. All existing structures on the property shall meet applicable setback
standards or shall he removed.
18. Treem over six inches in diameter located on lots 7-18 and 35-37 and
on the northern boundary of lots 19-28 shall he removed only to
construct utilities and ruuidenoen. Any additional tree removal on
these lots must be approved by the Planning staff,
10. Where building rain drains will not slope toward the street, a public
storm newer line or private line with a joint maintenance/access
agreement will he required.
20. After review and approval by the Director of Community Development and
the City Engineer, the final plat shall he recorded with Washington
County. Submit the final plat to Jon Feigion in Engineering for
coordination of review and signature approval.
21. This approval is valid if exercised within one year of the final
approval date.
PREPARED BY: Keith Liden 8PPQ0VED BY: William A. Monahan
Senior Planner Director of Community
Development
KL:cn/3300P
STAFF REPORT -- OR-HN CORP. S 87-00 SL 87-06 - PAGE 8
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THF APPLICATION)
FOR a Subdivision and Sensitive No. S 37-06 ; SL 87-06
Lands Permit on property zoned
R-4 . 5 and R-7 ; OR-AK Corp. ,
applicant.
The above-entitled matters came before the Hearings officer
at the regularly scheduled meeting of June 11, 1987 , at the Tigard
Civic Center Town Hall Room in Tigard, Oregon; and
The applicant requests a Subdivision Permit to subdivide 11 . 76
acres into 45 lots and a Sensitive Lands Permit to modify a drainage-
way, and to install a sewer line within the 100 year flood plain
on property zoned R-4 . 5 and R-7, property described as Tax Lots 400 ,
500 , 3500 and 3600 , Map 2S1 12CA; and
The Hearings Officer conducted a public hearing on June 11 ,
1987 , at which time testimony, evidence and the Planning Department
Staff Report were received; and
The Hearings Officer adopts the findings of fact and conclusion:.;
contained in the Staff Report, a copy of which is attached hereto ,
marked "Exhibit A" and incorporated by reference herein;
NOW THEREFORE IT IS HEREBY ORDERED THAT S 87-06 and SL 87-o(,
be and hereby are approved subject to the following conditions :
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED
PRIOR TO RECORDING THE FINAL PLAT.
Page 1 - S 87-06 , SL 87-06
2 . The applicant shall demonstrate to the satisfaction of the
Engineering Section by completing a preliminary design profile and
necessary cross sections , that ultimate improvement of SW 79th A,,;-e-
nue to 30 MPH design standards will not significantly impact adja-
cent lots. In addition, the applicant shall demonstrate that a
minimum of 250 feet of sight-distance is available at SW Partridge
Lane. Contact John Hagman in Engineering for further information.
3 . Additional right-of-way shall be dedicated to the public
along the SW 79th Avenue frontage to increase the right-of-way to
30 feet from centerline. The description for said dedication shall
be tied to the existing right-of-way centerline as established by
Washington County.
4 . A one W ) foot reserve strip granted to the "City of
Tigard" shall be provided at the terminus of SW Gentle Woods Lane.
5. The SW 76th Avenue right-of-way within the proposed sub-
division shall be vacated.
6 . The 100 year flood plain boundary for the property imme-
diately south shall be identified by survey to determine the
dimension of the developable portion of the property. Based upon
this information, the Planning Director shall approve final location
and alignment for Gentle Woods Lane.
7 . Street Centerline Monumentation
a. In accordance with ORS 92 . 060 subsection (2) , the
centerlines of all street and roadway right-of-ways shall be ii-ionu-
mented before the City shall accept a street improvement.
Page 2 - S 87-06 , SL 87-06
b. 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.
C. The following centerline monuments shall be set :
(1) All centerline-centerline intersections. Inter-
sections 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;
(2) Center of all cul-de-sacs ;
(3) 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. )
(4 ) All sanitary and storm locations shall be placed
in positions that do not interfere with centerline monumentation .
8 . The applicant shall connect the existing homes on lots 1
and 45 to the public sanitary sewer system. A connection permit
from the Building Section will be required.
9 . SW Gentle Woods Drive, SW Gentle Woods Lane and SW Partridge
Lane shall be designed and constructed to local street standards.
10 . The area below the 100 year flood plain elevation shall
be dedicated as greenway - open space to the City.
11. Sanitary and storm sewer details shall be provided as
part of the public improvement plans. Calculations and topographic
service area - basin map shall be provided as a supplement to the
Public Improvement plans , to demonstrate evidence of area - basin
full development serviceability. The location and capacity of
existing and proposed lines shall be addressed .
Page 3 - S 87-06 , SL 87-06
12. All public sanitary and storm drainage lines not within
public streets shall be encumbered by 15 foot public easement.
13. Upon completion of cursory review of the public improve-
ment drawings by the Engineering Section, seven (7) complete sets
and one (1) itemized construction cost estimate, stamped by a
Registered Professional Civil Engineer shall be submitted to the
Engineering Section for final approval..
14. Construction of proposed public improvements shall not
commence until after the Engineering Section hay issued approved
public improvement plans. The Section will require posting of
a 100% Performance Assurance, the payment of a permit fee and a
sign installation/streetlight fee. Also, the execution of a con-
struction compliance agreement shall occur prior to, or concurrently
with the issuance of approved public improvement plans.
15. An 8 foot wide paved pedestrian/bicycle pathway within
a minimum easement width of 10 feet shall be provided between lots
12 and 13 . The path design and lighting shall be reviewed and
approved in conjunction with the public improvement plans.
16. A soils engineer report shall be required prior to issu-
ance of building permits on all lots affected by the proposed
regrading.
17 . All existing structures on the property shall meet
applicable setback standards or shall be removed.
18 . Trees over six inches in diameter located in lots 7-18
and 35-37 and on the northern boundary of lots 1.9-23 shall be
removed only to construct utilities and residences . Any additional
tree removal on these lots must be approved by the Planning Staff .
Page 4 - S 87-06 , SL 87-06
c:::4 _W Co 7 o ta.tion
OREGON-ALASKA LAND DEVELOPMENT CO.
13050 SW FOREST MEADOWS WAY
LAKE OSWEGO, OREGON 97034 503-635-4551
APRIL 10, 1987
RANDY S. CLARNO
TIGARD CITY HALL
P.O. BOX 23397
TIGARD, OREGON 97223
RE: VACATION OF A PORTION
OF S.W. 76TH AVENUE
DEAR RANDY,
ENCLOSED YOU WILL FIND A MAP PREPARED BY OUR ENGINEER, LEONARD
A. RYDELL. WE WILL BE SUBMITTING AN APPLICATION FOR APPROVAL
OF A PRELIMINARY PLAT TO SUBDIVIDE LOTS 22, 23, 24, 25, 26 AND
27, DURHAM ACRES SUBDIVISION, TIGARD, OREGON.
THE MAP SHOWS THE FLOOD PLAIN AS WELL AS THE "TOP OF BANK
LINE" ON LOTS 24 AND 25.
WE INTEND TO CONTINUE THE STREET KNOWN AS S.W. GENTLE WOODS
DRIVE, TO THE SOUTH INTO LOTS 25, 26 AND 27 OF DURHAM ACRES.
THE EXISTING DEDICATED STREET KNOWN AS S.W. 76TH AVENUE
HAPPENS TO BE IN THE WRONG LOCATION FOR THE CONTINUATION OF
S.W. GENTLE WOODS DRIVE.
WE ALSO INTEND TO ENTER LOT 22, DURHAM ACRES, FROM S.W. 79TH
STREET, CONTINUE EAST THEN TURN TO THE SOUTH AND RECONNECT AND
LINE UP WITH S.W. 76TH AVENUE AT THE SOUTH PROPERTY LINE OF
LOTS 23 AND 24, DURHAM ACRES.
BECAUSE OF THE LOCATION OF S.W. GENTLE WOODS DRIVE AT THE
NORTH BOUNDARY OF LOT 26, DURHAM ACRES, THE LOCATION OF THE
"TOP OF THE BANK" ON LOT 25, DURHAM ACRES AND THE LOCATION OF
THE FLOOD PLAIN ON LOTS 24 AND 25, DURHAM ACRES, WE REQUEST
THAT S.W. 76TH AVENUE BE VACATED FROM THE NORTH BOUNDARY OF
LOTS 25 AND 26, DURHAM ACRES TO THE SOUTH BOUNDARY OF LOTS 23
AND 24, DURHAM ACRES.
WE WILL PAY FOR ALL COSTS THAT ARE REASONABLY INCURRED BY THE
CITY FOR THE VACATION OF S.W. 76TH AVENUE AS REQUESTED.
WE ALSO REQUEST THAT THE CITY INITIATES THE VACATION PROCESS.
THE PRELIMINARY PLAT APPLICATION SHOULD BE COMPLETED AND
SUBMITTED TO THE CITY BY MAY 1 , 1987.
FEEL FREE TO CONTACT ME IF YOU HAVE ANY QUESTIONS AT 635-4551 .
THANK YOU.
YOURS TRULY,
GORDON HOBBS, PRESIDENT
ENCLOSURES: AS STATED
N .t UI a•a 1l 1.U
I Wo 1100 1200 1300 1400
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3 ° 5 rn o: 1.77 Ac.
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