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97-011558 ~ Torland Court ST,-_OF OREGON l SS county of Washington f f Assess- I Jerry� � ns4 Pv(e .°o County ment and:,tcan> rtify that Clerk for said6osreceived the with i„nru 6ib6,of said and reed Irr f county,, � Jorron irector of pesseht Taxation,Ex- o ? taty lerk Doc 97011558 128. 00 Rett: 180216 02/07/1997 10: 11: 44am I � � I RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 CITY OF TIGARD, OREGON ORDINANCE NO. 96-3 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,431 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SOUTHWEST TORLAND COURT, ALSO TOGETHER WITH AN 8-FOOT-WIDE UTILITY EASEMENT ALONG THE SOUTH BOUNDARY OF LOT 3 AND THE NORTH BOUNDARY OF LOT 4, 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 on August 27th, 1996; and 1. WHEREAS, the right-of-way for SW Torland Court had been dedicated to the public with the recording of Torland Estates Subdivision on September 30, 1994; and WHEREAS,the easement is a dedicated easement, giving rights over the land for utilities; and WHEREAS, the utility easements are no longer necessary; and WHEREAS, Southwest Torland Court stubs at the property line of tax lot 6200; and WHEREAS,the property owners of tax lot 6200 (created with the recording of a final partition plat (MLP 94-0005) on May 10, 1994) desire to partition tax lot 6200 to create an additional two lots; and WHEREAS, City codes requires the extension and/or provision of a turnaround for SW Torland Court; and WHEREAS,such an improvement would render the proposed partition not feasible; and I WHEREAS, the applicant contends that extension of SW Torland Street is not necessary given the surrounding, development patterns; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including, utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS.. Tualatin Valley Fire and Rescue requires the provision of an easement for emergency vehicle turnaround purposes; and ORDINANCE No.96----t"I i:\ci"ide\ord\vactorl2.ord (Will D.)10/08/964:19?M Page I of 3 WHEREAS. Northwest Natural Gas has facilities located within the proposed vacation area that will require the granting of an easement protecting, the facility for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities: and WHEREAS, PGE requires the provision of easements for PGE under-round facilities, and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on October 22nd, 1996, finds that it is in the public interest to approve the request to vacate said public right-of-way and portions of a utility easement as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and NN'HEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emergency vehicles shall be provided within the vacation area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 4,431 I square feet of public right-of-way, also together with an 8-foot-wide public utility easement along the south boundary of Lot ') and the north boundary of Lot 4, reserving an 8-foot-wide easement along the east boundary of the area being vacated, as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emergency vehicles shall be provided within the vacation area. ORDINANCE No.96--3'- iAcitywide\ord\vactorl2.ord (Will D-)10/08/964:19 PN4 Page 2 of 3 3 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U Y)4,AiM0Q3 vote of all Council members present after being read by number and title only, this 00 day of aC.fn jap"L 1996. Catherine Wheatley, City Recorder !24 APPROVED: By Tigard City Council this cOP day of 996. Jam� Doli, Mayor Approved as to form: City Attorney /1-2/1-22 (12 Date Certified to be a True Copy of Original on file Lk a+j HCS J City Recorder- City of'�Pg �j Date: 1r) D ORDINANCE No.962:`7 i:"Ciq-wide\ord\vactorl2,ord (Will D.)10/08/964:19 Pki Page 3 of 3 I;XII$IT A t ; t � � t _ i ! � I E � ! 1 „e r +� -7 ! ! C, SW22.23"= VACATE R = 17.00 8' UTiUTY G = 90-25.45' t R = 27.00• ! CASfl CNTC - 24.13' i s L - 26.$3' ! C = .70* C8-= N4-50'29 '" - 6.70' -_ -._._ 'y Ca S 10'55.20"W S89'S6,3$"E 69.50• -{ t �• f400'20,5.rw R = 44.00' �:' ��*�► 1,x,.:0' = 2X41'29 f C = 23.06' AREA TO 6E L = 18.19' &II I5ANI ! TAUTEN ' CS = Si0-22'iSw _ __._ No0-Z0,52"`m $T$EEj 35.40' VACATE 'r t ! R = 44.00' : 8' ulnury ! ! = 61'43'11" i EASEMCNr j ! L C -_ 45.19' gnu = - 47.46' 1 ! ! CS = S3z22'32"E i jLF ! ! R!C STEREO ! I PROFcSSioN,3! RESE�YE ! $' U 4UTY ! ! � LwNO SUV YOrc Irasrf�t ! i NOTES: 2. TRACT ONE TO BC � 2 r VACATED ?a LOT 3 SouTt�w£a7 9IZEv�SN 2. nucr TWO To 8E Coag vjOCACE!} To Liar 4 T"LANQ 2r ATES i ! LEONARD A. RY' TORLANQ ESXATES City of Tigard. 'Ncshington County. Oregon STRM VACATIC)N MAP r, Saoia:: t" = =t0' Acte: 14 Feb. 199Drown r''�' nRuNr eIriIr MUC1i6IT-I MAY Pr-taareu Far Remiss.-.nce Development Phone- (503) 637-573 Iff VAU' nMN ic72 S. W VOcrmet.e Falls Drive. West Linn. Crecon 97068 EXHIBIT B-3 - - - - - - - - - - L LIJ -7 LJ > Q 500"22'23"E 4.67' POINT OF VACATE R = 17.00' 1 1 BEGINNING 8' UTILITY A 90'25'45R = 17.00' TRACT ONE EASEMENT C = 24.13' 1 a = 22'35'25" L 26.83- C = 6.66' t CB N4AV50'29' L = 6.70- 1, --------- CS = SI0*55'20-W -— - - -- - - - - S89*56'38"E 69.80' R =1 44.00' N00*20'52"W 1.118.74 TRACT ONE I a = 2 X 4 1'29L- 14.10' S 0. FT. j C = 18.06' 148829*38'E 82.28' 1 L = 18.19' S .W. T O.R N 1-� CS = S.10*22*18"W NO 35.90*—E3.3411.74 TRACT TWO STREET SO. FT. 5�� 38.W k �06�\ N89, .23, POINT OF BEGINNING TRACT TWO VACATE I R = 44.00' 4, 6 1'48*1 1' 8' UTILITY C 45.19' EASEMENT L 47.46' HOUSE C8 = S32'22'32"E REGISTERED RESERVE I 1 PROFESSIONAL 4 8' UTILITY 1 1 5 LAND SURVEYOR EASEMENT NOTES: 1. TRACT ONE TO BE SOUTHWEST 1 I OREGON VACATED TO LOT 3PTEMBER . 1,177 2. TRACT TWO TO BE CORNER E .10 "TORLANO ESTATES" I I LEONARD A. RYDELL VACATED TO LOT 4 -IL 1437 RENEWAL DATE i2/31 /96 rJWG. SiIS-VAC-Dw TORLAND ESTATES City of Tigard, Washington County, Oregon STREET VACATION MAP PREPARED BY: LEONARD A. RYE)ELL. PE, PL'_. '4FC. 601 Pineh ,role: 1" = 4:0DDate: 14 Feb. 1995TDrown NAwber-;. 0rejurst briv- g-:-n C.717" Pre,"reij For Renaissance Development Phone: (503) 657-573Ph-)Ae: (5413) 538-5700 1672 S. W. Willamette Falls Drive, West Linn. Orecion 97068 W.0. No. HST B-2 LEONARD EI NARD A. RYDELL, P.E., P.L.S. consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX LEGAL DESCRIPTION - Tract One W.O. No. 9115 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Southwest comer of Lot 3 of said "TORLAND ESTATES", thence South 89* 56' 38" East 69.80 feet along the South line of said Lot 3 to a to a 5/8-inch iron rebar; thence on a 17.00 foot radius curve left (long chord bears North 44' 50' 29" East 24.13 feet) an arc distance of 26.83 feet; thence South 00* 22' 23" East 4.67 feet; thence on a 17.00 foot radius curve right (long chord bears South 10* 55' 20" West 6.66 feet) an arc distance of 6.70 feet; thence on a 44.00 foot radius curve left (long chord bears South 10' 22' 18" West 18.06 feet) an are distance of 18.19 feet; thence South 88' 29' 38" West 82.28 feet to the West boundary of the plat of said "TORLAND ESTATES"; thence North 00' 20' 52" West along the West boundary of the plat of said "TORLAND ESTATES" 14.10 feet to the True Point of Beginning. Said parcel containing 1,119 square feet. ALSO TOGETHER WITH the 8.00 foot wide public utility easement along the South boundary of said Lot 3. RESERVING an 8.00 foot wide public utility easement along the East boundary of said tract being vacated. a I G IS I CR a i P a C)P Es 5 a,j L 0' 4LA %11D ORf CCH SEPT. ;a. 1977 is Lt;OgARD A. =et/-f Z/�3 PLANNED DEVELOPMENTS RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS * SOLAR-CONSERVATION HOMES EXHIBIT B LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEGAL DESCRIPTION - Tract Two W.O. No. 9115 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of "TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Northwest comer of Lot 4 of said "TORLAND ESTATES", thence North 00* 20' 52" West along the West line of said "TORLAND ESTATES" 35.90 feet; thence North 88' 29' 38" East 82.28 feet; thence on a 44.00 foot radius curve left (long chord bears South 32' 22' 32" East 45.19 feet) an arc distance of 47.46 feet to the North line of Lot 4 of said "TORLAND ESTATES"; thence North 89' 56' 38" West along the North line of said Lot 4 of "TORLAND ESTATES" 106.23 feet to the True Point of Beginning. Said parcel containing 3312 square feet. ALSO TOGETHER WITH the 8.00 foot wide utility easement along the North boundary of said Lot 4. RESERVING an 8.00 foot wide utility easement along the East boundary of said tract being vacated including its extension into Lot 4 of said "TORLAND ESTATES". I 9U L U P;t 0 F i S.-P 1.0 E-1 A L L D SURYEyok __J ee SrPT. 30. 14" PLANNED DEVELOPMENTS • RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS * SOLAR-CONSERVATION HOMES EXHIBIT RECEIVED PLANNING INGRESS-EGRESS EASEMENT ACROSS VACATED S.W. TORLAND COURT JAN 2 2 1997 IN THE SE 1/4 OF SECTION 34, T. 1 S. R. 1 W. , W.M. CITY OF TIGARD WASHINGTON COUNTY OREGON GC OF 1" 30' LOT 3 VACATED SW TORLAND CT. ORD NO. 96-37 S.W. TORLA NO STREET s8er52*5:rW 81.67' LENGTH 21.43' RADIUS44.00' E DELTA 2754'26r NGRESSLITY— REESc AS Z CHORD BEARING N2(r4O'26*W D cli CHORD LENGTH 21.22' N8852'52"E 52.01' —Cxf- 7 *5 7 7 '.,_)_N8lir52E2 .02' PARCEL PARTITION PLAT NO. '994-035 b ua :2 LOT 4 N LA YNE CASWELL FOUND 11r IRON PIPE SURVEYOR INC. SOUTHWEST CORNER LOT 4 6120 S.W. LOMBARD AVE. BEAVERTON, OREGON 97008 (503) 644-3179 JOB NO. 5669 LAYNE CASWELL SURVEYOR, WC. REGISTERED LANG SURVEYOR 6120 S.W.Lombard Avenue « Telephone 503/644-3179 Oregon-Washington-Idaho Beaverton,Oregon 97008-4736 FAX 503/644.3190 RECEIVED PLANNING Job No. 5669--1 December 2 , 1996 JAN 2 2 1997 LEGAL DESCRIPTION CPOFTIGARD FOR INGRESS-EGRESS AND UTILITY EASEMENT A portion of the vacated S .W. Torland Court, a public right- of-way on the adjoining subdivision "TORLAND ESTATES" (Vacation Ordinance Number 96-37 ) in the SE 1/4 of Section 34 , Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, being more particularly described as follows: BEGINNING at a point on the West line of said "TORLAND ESTATES" said point bears N00'22'04"W 139. 50 feet from a 1/2" iron pipe at the Southwest corner of Lot 4 of said "TORLAND ESTATES" ; thence N88`52152"E 52 .01 feet; thence S64'24117"E 11 . 12 feet; thence N88'52152"E 27 .02 feet to the East line of said vacated S.W. Torland Court; thence following said East line Northwesterly 21 . 43 feet along the are of a 44.00 foot radius curve to the right (thru a central angle of 27`54126" ) the long chord bears N20'40'26"W 21 . 22 feet; thence 988"52 ' 52"W 81 .67 feet to a point on the West line of said "TORLAND ESTATES" ; thence 500'22104"E 15 . 00 feet to the Point of Beginning. 10 SOUNOARY SURVEYS • SUBDIVISIONS - TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT •M r f i1 s� s • p . MI } �.{. � � �- 1..11 � o .•`C ,s � �ct�'.�• 1'"'_ a• �•.. M1 �l r O .Irk., I All a* • • 1 CL rt^ i.i.i a st 3Lil �A X".• Y z W" 14 81, 12, ZZ M S �! �! _ M A .•w •.11• 1•.rr • s ..l. gu bon LL ; as M� i M� ru•s fowl .r a Z. }Zj = R J32� w VI C U N 1 T Y CASE NO. f TIRLANR CHH EXHIBIT MA P i FINUC SICU AF-WAY STREET UCATIiN { Agenda item No.__ Meeting of I t 3 TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Council President Paul Hunt > Council Present: Council President Paul Hunt, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Administrator Bill Monahan; Associate Planner Dick Bewersdorff; Community Development Director Jim Hendryx; Asst. to the City Administrator Liz Newton; Development Review Engineer Brian Rager; Senior Planner Nadine Smith; and City Recorder Catherine Wheatley. > Agenda Review Armory: Bill Monahan, City Administrator, reported on the status of the discussions with the Armory. Ms. Newton and Chief Goodpaster have met with them. The Armory has scheduled a meeting for Tuesday, October 29, to discuss their rental policy and new rental process. Tri-County Center Application. In response to a question from Councilor Rohlf, Mr. Monahan said that the Mayor and Mr. Bewersdorff have been talking with Mr. Christensen regarding the Tri-County Center application. The applicant did not request an extension within one-and-one-half years of the original application; therefore, the application was void. The City Attorney's office has provided a written opinion on this matter. Mr. Monahan commented that alterations to the application would be needed regardless. In response to a concern from Councilor Scheckla, Mr. Monahan said that Council could null this matter up to review the staff interpretation. He explained that he thought that staff could work with the applicant to package their application to go through both: levels of review simultaneously. Councilor Moore indicated support of the staff's decision. He asked if the applicant would continue to be .willing to incorporate some of the design elements of the original Tigard Triangle plan. Mr. Monahan said that staff was attempting to work through issues with the applicant. Farmer's Insurance office Building: Councilor Rohlf asked if Council needed topull up the Farmers Insurance office building for review. Dick Bewersdorff, Associate Planner, explained that the applicant was meeting the requirements. The development was high quality. He noted that a large number of trees would be removed and the fees that would be assessed. Councilor Rohlf commented that if staff felt that the developer would put in a development consistent with the design overlay, then there wasn't a need to call it up for review. Councilor Moore commented that he visited the site and thought that they could build the development with minimal tree removal since many of the trees ran down a gully. The Council reviewed a map to determine where the trees were located. Mr. Bewersdorff commented that there wasn't much the City could do, the applicant was meeting code requirements. > 2040 Functional Plan: Mr. Monahan referred to the most recent changes in the 2040 Functional Plan, mentioning in particular the increase of maximum retail square footage from 50,000 square feet to 60,000 square feet. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 1 Councilor Rohlf questioned from where a 60,000 square foot store would draw its market. Nadine Smith, Senior Planner, commented that Metro wanted stores to draw from a small market area. Councilor Rohlf stated that he disagreed with Metro's intent. Ms. Smith explained that another change was the criteria a local jurisdiction had to use to approve something larger than 60,000 square feet. This criteria 'Included a demonstration in the record that adequate transportation facilities would be available by the time the retail operation began and that adequate transportation facilities for the planned uses in the employment areas were included in the applicable Comprehensive Plan provision. Ms. Smith pointed out that this was unclear: what did "adequate,, mean? Did the requirement mean funded or simply planned? In response to a question from Councilor Scheckla, Ms. Smith said that she thought Metro wanted them to have a plan for transportation facilities in the Comprehensive Plan by which they could judge a request for something over 60,000 square feet. Councilor Scheckla commented on the necessity of knowing where the funding was coming from when planning transportation. Ms. Smith reviewed the public hearing schedule on the Functional Plan and the adoption process; October 24 might be the last time to give input on the document. Mr. Monahan stated that a staff member would attend the meeting on October 24. The Council discussed the issue of large stores. Councilor Rohlf commented that grocery stores needed a minimum of 65,000 to 70,000 square feet to operate these days. Ms. Smith commented that Councilor Kvistad proposed dropping this title because Metro didn't know how to locate retail property and shouldn't be telling the local jurisdictions how to do it. Mr. Monahan said that another area of concern was the accessory units on all residential units. He reviewed Councilor Morrisette's proposal to allow each individual lot one accessory unit; the proposal was still under discussion at Metro. Mr. Monahan said that this issue would be discussed at the joint meeting of Washington County managers as well as at MPAC. He commented that MPAC had worked hard to attain a compromise and that they would probably object to these changes. He said that staff would express Councilor lor Schecklats concern at the lack of responsiveness to local jurisdiction concerns. Councilor Rohlf expressed dissatisfaction with Metro's proposal on the "big issue. He said that Metro should drov this issue since this was a responsibility of the local jurisdiction. After discussion, Mr. Monahan asked for Council direction to write a letter to Metro on the accessory structures and the big box issues. Ms. Smith stated that she has not noted any additional new issues; the issues discussed in the past were still issues in this document. The Council agreed by consensus to direct staff to write a letter on the additional issues. Interfaith Outreach and the Severe Weather Shelter: Mr. Monahan reviewed the history of the severe weather policy established by the Council in 1994 that was implemented by Interfaith Outreach Services (IOS) For two years, IOS managed a severe weather shelter in the Water Building to provide temporary accommodations for the homeless. He noted management problems that resulted in Interfaith Outreach's decision to reexamine its role as the provider of this service. Mr. Monahan said that he suggested to Interfaith that in November and January they use the water building for the shelter, and in December and February they use the building the City was letting them use for offices. He reported that he received a letter from Kim Brown stating that IOS was concentrating its efforts on the CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 2 capital campaign and land use and funding problems for the RITE Center. The Board decided that they willbe unable to operate the severe weather shelter this year. Mr. Monahan stated that the City still had a policy of having a shelter; however, he did not know of any other agency interested in operating the shelter, particularly on such short notice- He noted that the water building and the senior center were potential shelter sites. Councilor Hunt stated that he thought there was room for a shelter at the City-owned building where IOS had offices. Mr. Monahan concurred but said that it wasn't an issue of space or security, but rather IOS' concentration on getting the RITE Center up and running. Councilor Scheckla asked if Interfaith's operations overlapped with Neighborshare. Mr. Monahan explained Interfaith's program included job counseling, crisis management and temporary shelter. He said that Ms. Brown said that Interfaith may be able to operate a severe weather shelter on a case-by-case basis at the Methodist Church as they did last year. Councilor Rohlf noted that the City funded both Interfaith and Neighborshare. He commented that if both were available, they served a larger public. Councilor Hunt pointed out that Interfaith and Neighborshare had two different goals. Interfaith's goal was to train people and help them to take care of themselves. Neighborshare might simply take care of immediate needs. - Mr. Monahan commented that the severe weather shelter didn't really fit into Interfaith's philosophy of providing a full range of services to families and homeless people in need. He said that last year Interfaith found that the clientele at the severe weather shelter had changed; it was no longer families but the day laborers who preferred to live in the woods. Councilor Hunt commented that he had suggested moving Interfaith into the city office building because he thought there was an understanding during budget discussions that it could also be used for the severe weather shelter. Mr. Monahan said that he thought Interfaith said they would consider doing so, but they had not yet decided on whether or not they would run the shelter this year. Councilor Scheckla commented that he thought the amount of money and effort going into the RITE Center was a high price to pay for only 30 beds. He noted the need of the homeless for more immediate help than was available. Councilor Hunt referenced the failed attempt two years ago to build a homeless facility for southeastern Washington County. In response to a question from Councilor Moore, Mr. Monahan stated that none of the surrounding communities had temporary shelters. He said Ms. Brown indicated that Beaverton had discussed with IOS the possibility of providing land, but IOS wanted to remain at their base in Tigard. Councilor Moore commented that Tigard could not support the whole region's homeless; something had to be done outside of Tigard also. Councilor Hunt concurred. Mr. Monahan said that the question before the Council was whether or not they wanted a severe weather shelter, and if so, how would they do it. He said that he did not think using volunteers was a good idea; it was better to use professional trained staff to deal with this situation and clientele. He said that he did not promote using the Senior Center facility for a temporary shelter. Councilor Hunt asked if they could take back part of the building they leased to Interfaith and renovate it for a shelter. Mr. Monahan said that he didn't think they could do that since the City CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 3 leased the entire building to them without an understanding that the severe weather shelter would be located there. Councilor Rohlf suggested dropping the program this year. In response to a question from Councilor Scheckla, Mr. Monahan reviewed the Council's discussions on this issue over the last several months. He noted an additional concern raised by the City's Risk Manager of an airborne pathogen (such as tuberculosis) in a confined space. Councilor Hunt said that he attended an Interfaith meeting 6 to 8 months ago at which Interfaith stated that if they had enough money to operate both the severe weather shelter and their own programs, they would do so; however, their first priority was the homeless center. Councilor Rohlf commented that he has seen this program as the City's support of Interfaith's program. Mr. Monahan said that they wrote the policy for a severe weather shelter primarily because was an operator willing to step forward. Without an operator, the policy fell apart. Councilor Hunt did not agree, referring to the Task Force that initially addressed this issue on an area-wide basis. Councilor Rohlf commented that his concern that children were being locked out was alleviated by knowing that the severe-weather clientele did not consist of children. The Council agreed by consensus to drop the severe weather shelter program until such time as Interfaith would support it again. Harry Bodine asked if the City would consider a request to operate the shelter from another responsible organization. The Council indicated yes, although they .expressed concerns at using the Water Building. Any organization operating such a shelter would also need to cover liability coverage. > Mr. Monahan announced an invitation from Jack Reardon to attend a meeting at the Summit Conference Room at Washington Square tomorrow to discuss Washington Square's donation of property for the Greenburg/Maple Leaf improvements. He said that he, the Mayor, and Gus Duenas were planning to attend. > Councilor Rohlf noted typographical errors on Page 26 of the Final Order for Hillshire Hollow. > Council President Hunt adjourned the study session at 6:27 p.m. 1- BUSINESS MEETING 0 Call to Order - City Council & Local Contract Review Board Council President Paul Hunt called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports: None 0 call to council and Staff for Non-Agenda Items Public Works Director Ed Wegner presented to Jeff Munroe, Senior Utility Worker, Grounds Division, an award to the City from the Oregon Parks and Recreation Association in recognition of outstanding maintenance and operations for flood damage repair work at Cook Park. He congratulated Mr. Munroe on a job well done. Mr. Munroe expressed his thanks to Mr. Wegner and to the Cit departments and citizen volunteers who participated in the clean up effort. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 4 2. VISITOR'S AGENDA Nancy Downs, PO Box 525, Wilsonville, a member of the Wilsonville Development Review Board, thanked City staff for their response to her requests for information. She presented photographs of illegal signs posted in the city, county and state rights of way, and pointed out that citizens had the right to take- down unsightly signs. She advised that one business posting these types of signs was a Tigard-based business. She asked that the Tigard City Council act on this issue and that volunteers were ready and willing to help clean up the city. Legal Counsel Pam Beery and Mayor Jim Nicoli arrived at 7:44 p.m. Councilor Hunt asked Pam Beery, Legal Counsel, if citizens could take down signs posted in the public right of way. Ms. Beery said such signs could be removed In addition, she noted that the City had regulations prohibiting obstructions and visual clutter in the rights of way. Mr. Monahan commented that staff has scheduled a meeting for November 21 to continue a discussion on this topic. He expressed appreciation for Ms. Downs' comments. Council President Hunt turned the meeting over to Mayor Nicoli who had arrived at 7:44 p.m. 3. CONSENT AGENDA Motion by Councilor Rohlf, seconded by Councilor Hunt, to approve the Consent Agenda. Motion was-approved by unanimous voice vote of Council present. (mayor Nicoli Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: September 17 and 24, 1996 3.2 Approve Resolution Amending the FY 1996-97 Salary Schedule for Management and Professional Group to add Youth Services Specialist at Range 50A - Resolution No. 96-66 3.3 Approve Resolution Amending Labor Agreement with the Oregon Public Employees Union, Local 199, to Provide for Bonus Pay to Certain Classifications for Possession of Manufactured Home Installation Inspector Certification - Resolution NO. 96-67 3.4 Approve Formation of Reimbursement District 8 without Modification to the Engineer's Report 3.5 Local Contract Review Board: a. Approve Contract with Bookin Group-SRI/Shapiro to update the Development Code b. Award GIS Utility Survey Contract to G.E. Raleigh Associates 4. PUBLIC HEARING - (QUASI-JUDICIAL) HILLSHIRE HOLLOW SUBDIVISION - COUNCIL CALL-UP FOR REVIEW: (SUBDIVISION (SUB) 96-004; PLANNED DEVELOPMENT REVIEW (PDR) 96-0005; VARIANCE (VAR) 96-0006 SENSITIVE LANDS REVIEW (SLR) 96-002 - A request to subdivide a 6.08 acre parcel into 24 lots. Planned Develovment Review to reduce the minimum lot size below 5,000 square feet to minimize site development impacts. Variances to the maximum permitted street length, a reduction of setbacks, and to the number of dwellings that would access a cul-de-sac street. Sensitive Lands Review to develop 'portions of the site with slopes in excess of 25 percent and to perform and form alterations to wetlands. Location: 13001 SW Ascension. The site is located on the west side of SW Ascension Drive, approximately 650 feet south of SW Fern Street. Applicable Review Criteria: Community Development Code chapters 18.52, 18.80, 18.84, 18,88, 18.90, 18,92, 18.120, 18.134, 18.150, 18.160 and 18.164. Zone: R-7 (PD) . (Single family residential, 5,000 square feet attached per unit) .. The purpose of the R-7 zoning district is to establish sites for attached and detached single family residences. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 5 a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges: None C. Staff Report Dick Bewersdorff, Associate Planner, presented the staff report. He reviewed the location of the development and the staff recommendation to- allow private streets. Public streets would require a redesign of at least 10 of the units because of the difference in street setback requirements between public (20 feet) and private (8 feet) streets. He stated that the Planning Commission approved the private streets because of the redesign issues and because a street extension in this location would not be feasible. He noted several typographical errors on Page 26 which would be corrected. d. Public Testimony Mayor Nicoli explained the hearing procedures and criteria. Mr. Monahan noted that the Council was scheduled to go into Executive Session at 8:30 p.m. , which might cause a recess of this hearing. W.C. Cox, attorney for the applicant, requested clarification on this call up for review. Based on the meeting minutes, he understood that the only concern the Council had with this application was the private streets, not with the project itself. He said that they were prepared to answer questions on that issue and to help the Council deal with it however they could. Councilor Rohlf stated he was also concerned that the staff concern on the drainage of Lots 16 through 22 (page 32) be addressed also. Mark Ferris, Alpha Engineering, 9600 SW Oak, Portland, noted that Ed Freeman and Steve Oswald were available to answer questions. He reviewed the history and context of the project, noting the location of the development on a map. He said that the parcel was long and narrow with steep hillsides on the south and east sides of the property. Other constraints included an easement and a significant drainage course along the west side of the property. He stated that there was no potential for through streets and that the topography made this an ideal site for infill development. Mr. Ferris described the development: 12 duplexes on 24 lots (out of the 31 lots allowed) . They tried to minimize the sensitive land impacts of the development by siting most of the units on the flatter portions of the site. He quoted from the Tigard Code to support their efforts "to create a more efficient economically viable development that preserved natural features while implementing the density ranges in the Comprehensive Plan. " He noted the two issues under discussion tonight: public vs. private streets, and the city's concern for street maintenance and upkeep. Mr. Ferris reviewed the history of their work with staff to reach the present point of a private street built to public street standards. Mr. Cox reiterated that he had understood that the scope of this hearing was the private vs. public streets issue, despite the notice including the variance as part of the discussion. Mayor Nicoli concurred with Mr. Cox that concerns with the Benchview Estates development (private street issues) was why the Council was concerned about private streets. He said that property owners in Benchview Estates felt that they had not been adequately advised, when they bought their homes, that they were responsible for the maintenance of the private street. Benchview residents wanted to give the street to the City even though the street was not built to city standards; CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 6 Mayor Nicoli asked if there was a clear statement in the recording documentation for each individual home that it was on a private street. He asked if the applicant intended to have all the property owners in the subdivision responsible for the maintenance of the street that was in front of just 10 homes. Mr. Cox said that the street was designed and planned as a separate tract which would be deeded over to the Homeowners Association. He reviewed similar arrangements he has made in the past regarding private streets; homeowners paid a fee that went into a maintenance fund and a reserve fund (designed to build up over the lifespan of the road) . A street built to city standards should last 20 years. Mr. Cox noted Tigard's requirement in TMC 18.165.030 for a one- to two-year maintenance bond on private streets. He described what Mr. Freeman would do when the deed was turned over to the Homeowners Association. In effect, there would be an insurance policy providing a bond for the City's benefit should the Association not be able to pay for the improvements. Mr. Cox explained the difference between the Benchview development and this development. He said that in other cities, the City Attorney would review homeowner association documents to protect the City. He commented that if Tigard did away with private streets, it would make it very difficult to develop infill areas because infill land tended to have physical problems. Private streets allow manipulation of setback requirements to achieve a higher density while maintaining the sense of a single family community. Mayor Nicoli noted Mr. Cox's point that Benchview might have been set up improperly. He asked how long did Mr. Cox think it was reasonable for a builder to be required to stand behind his work and make repairs as necessary. Mr. Cox, said that he understood that the utilities would remain in public ownership with easements in the private street. Fees would be paid by taxpayers for maintenance of those utilities. He referred to the two-year maintenance bond required by the City to cover defects in design or construction. He said that most cities, when they fixed water or sewer lines in private streets, only filled in the hole, leaving resurfacing of the street to the Homeowners Association. Mayor Nicoli explained that the City turned responsibility for the building of a private street to city standards over to the applicant. if the contractor forgot to compact the rock and the street started to break up after several years, at what point was it fair for the homeowners to return to the engineer of record and the contractor for performance failure. He asked who would be responsible if something went wrong. He spoke for guaranteeing the road for a period of time to give the homeowners some protection. Mr. Cox said that the warranty bond normally given to the owners by a contractor could be assigned to the Homeowners Association or directly to a local government (to avoid having two bonds covering the same risk) . He commented that the life of the bonded maintenance agreement provided for in the City's code was the life of the street until it was resurfaced (usually 15 to 20 years) , though this was an issue best dealt with by the City Engineer. Mr. Cox said that most problems with a street would probably occur within the first two years and would be covered by the other bond. He stated that whatever vehicle the City chose needed a reality check to determine whether a bonding company would write a bond for that long. Mayor Nicoli asked if it was possible to get a bond for four to five years. He mentioned that another problem the City has is its inability to enforce CC&Rs. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 7 Mr. Cox commented that most local jurisdictions did not want to have any responsibility to enforce CC&Rs, citing the City of Portland as an example. Mayor Nicoli cited an example to illustrate the purpose of his question. when homeowners failed to maintain a storm drainage system, the problems spread beyond the area, resulting in damage and liability for the City as well as for the Association. He expressed concern over a situation in which there was damage caused to other people and the City's hands were tied. Mr. Cox stated that he thought there was a legitimate government purpose in that situation. He said that the City could require access in a situation when there was a private system connected to the public system. Ed Freeman, Sierra Pacific, explained in detail the question of maintenance assurance continued beyond the developer's assurance of one to two years. Mr. Freeman said that they estimated a cost of $6,000 to resurface the road. He said that they were willing to forward the Homeowners Association $10,000 to set up the fund with the money paid back as the fund built up. Mr. Freeman stated that he thought there was a distinction between a single family detached residence subdivision like Benchview with a private street and the Hillshire Hollow type of project with a private street. He said that this discussion would not be occurring if they didn't have individual lots in this subdivision. He said that the original concept had been a private community with a security gate. > Mayor Nicoli recessed the hearing at 8:32 p.m. The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d) , (e) , & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Mayor Nicoli reconvened the hearing at 9:24 p.m. Councilor Hunt commented that in this situation it appeared that some homeowners bought on a private street while others bought on a public street, yet all the homeowners (as part of the Homeowners Association) would be responsible for maintenance of the private street. He said that a lot of people would buy without awareness of liability for the private street, a situation that needed to be remedied. Councilor Hunt reviewed the process described by Mr. Cox for setting up the Homeowners Association, noting that the Council would not see this application again to confirm that their concerns were specifically addressed in writing in the document. He pointed out that physical problems with terrain were the cause of the problem in the other case. He questioned whether the same thing would happen here. Councilor Hunt asked if the private street would meet all the public street design standards except for the street setback. Mr- Ferris reviewed the public street requirements that this street would meet, confirming that the only variance was in the street setback of 8 feet instead of 20 feet. Councilor Hunt noted discrepancies on page 27 pointed out by Councilor Rohlf in which there would be a sidewalk on only one side, and a 20 foot street width instead of a 24 foot width. Mr. Ferris clarified that there were in fact two private streets in this development; the main private street would be built to city public street standards and the small private street in Tract D serving 8 units would be built to city private street standards. He reviewed the location of the two streets on the map. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 8 Councilor Scheckla asked what would happen if the Homeowners Association were dissolved. Ms. Beery said that the applicant could most appropriately answer that question, since the answer depended on how they structured the document. She said that she did not advocate the City getting into the regular business of enforcing CC&Rs; the cost and policy issues required more discussion. Ms. Beery suggested conditioning the development in a limited situation like this by requiring a review of the CC&Rs by the City Attorney's office to insure that Council's concerns were addressed. If the CC&Rs weren't acceptable, then the development would not move forward. She said that she wanted more direction from council on the issues of concern to them. Mayor Nicoli suggested that staff and the applicant work together on appropriate documents and return to Council. Ms. Beery stated that the applicant would have to waive the 120 day rule which was up for this application on November S. Mr. Cox stated for the record that the Tigard Code already allowed private streets and that the applicant had the right to rely on the Code. He said that while they were willing to help the Council work through this issue, he did not want to waive the right to rely on the Code as written. Mr. Cox commented that the way some of the Council questions were formulated, it sounded as if they were making a legislative decision that would affect subdivisions in the future. He questioned making large legislative changes within the context of a quasijudicial hearing. He said that his client came in a good faith effort to answer questions about private streets -- not to throw his application into a debate about approving it with private streets_ MayorNicoli asked Ms. Beery for her opinion on Mr. Cox's comments. Ms. Beery said that Mr. Cox was correct to a point. She noted the discussion on Page 26 of the staff report which indicated a limitation on the number of lots allowed on a private street, suggesting that Council ask staff about that. Mr. Bewersdorff said that the City allowed private street development with six units; the applicant was using the planned development process to allow them the flexibility to add more than six units. He said that it was up to the judgment of the Council whether or not to allow more than six units on this private street. Mayor Nicoli noted that this was a request for 24 units on private streets. Ms. Beery said that the factor that weighed in the Council's consideration was whether or not it was an appropriate situation to use a private street. She said that the a._ scant had a right to build six units on a private street. Ms. Beery said that another factor in considering this request was the fact that they were building the street to city standards. She said that while she concurred with Mr. Cox's concern about setting policy in the context of a single hearing, she didn't hear that happening here. She said that this was simply a review of the project, pointing out that any discussion of issues relating to the CC&Rs had nothing to do with this application. Ms. Beery noted for the record that other members of her law firm have represented this developer in the past, although she has never done so nor did she have knowledge about any of the other projects. However she said there was no problem if the City wanted a different firm to review the CC&Rs. Councilor Rohlf referenced Page 32 in the staff report in which staff indicated that they were uncertain about the drainage of Lots 15 through 22. He asked if there was a drainage plan for those areas. Mr. Ferris said that from an engineering standpoint, they had a couple of options on drainage; the preliminary plans indicated CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 9 that they could serve and drain those lots by a deeper stormline within the street itself. Councilor Rohlf expressed his surprise that staff recommended approval, given the four pages relating concerns about streets. Mr. Bewersdorff said that they had recognized the problems the topography caused in this situation,. and had wanted to point out all the problems of private streets. He stated that this was a dead-end street with minimal traffic. He said that the Planning Commission found it acceptable to use private streets in this particular circumstance, and that staff did not disagree with that, given the topography, other conditions, and compliance with public street standards. In response to questions from Councilor Rohlf, Mr. Bewersdorff said that there were a considerable number of private streets in the City serving six units, with a few private streets serving a higher number of units. Councilor Scheckla asked if the police patrolled private streets. Mr. Monahan said they did not patrol the streets but would come in if called. Ms. Beery confirmed Councilor Scheckla's comment that a private street meant no public access, not even pedestrian. Mayor Nicoli suggested that Councilors make a position statement prior to closing the public hearing. Ms. Beery cautioned that if new evidence was mentioned, the applicant would have the right of rebuttal. Mayor Nicoli said that he did not have a problem with the proposal as long as the issues of concern to the Council were addressed properly. He said that he thought they could have private streets here if additional documentation were attached. Councilor Hunt asked if they could deny the project because the applicant was putting more than six homes on a private street. Ms. Beery said yes. Councilor Rohlf concurred with the Mayor, stating that he was more concerned with a situation like Benchview surprising homeowners. Councilor Rohlf stated that he was fundamentally opposed to the concept of private streets. He said that he was not sure that it would be a problem for the community to restrict private streets. He questioned whether there was community support for infill development. He suggested wording the CC&Rs in such a way that people would not miss that they were responsible for the maintenance of the road. Councilor Moore commented that they would have private streets until such time as the Code was changed. He said that he thought this was an appropriate situation for private streets. He said that he would uphold the Planning Commission decision. Councilor Moore said the city should recommend that the developer do the best job possible to make sure homeowners were aware of what they were buying into, while he did not ot-ect to a City review of the CC&Rls, he said he did not think that was the City's role. Councilor Scheckla expressed concern at the liability that might come back to the City if something happened on a private street, such as erosion, flooding, etc. She stated that she did not think this subdivision was any more liable to produce problems for the City than any other subdivision. Mayor Nicoli suggested (prior to selling any lots) putting up a sign at the entrance to the private street stating that it was a private street beyond this point. Councilor Hunt commented that they would not be able to enforce such a sign. Councilor Rohlf suggested a Council workshop with staff to discuss the issue of private streets and to review the Code. Eventually, CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 10 the Council could decide the question legislatively at a public hearing. Mr. Cox pointed out that the staff report on Page 27 stated that private streets serving more than six lots were allowed in planned developments. He said that he was hearing the suggestion that anything over six lots was something new when in fact they were allowed. He-said that he did not think a sign at the entrance would be a positive selling point from a realtor's point of view. Mr. Cox said that his client would do what was necessary to inform people. He noted that some mandated consumer laws worked while others did not. He said that they were willing to cooperate with staff and submit a set of proposed Homeowners Association documents for review prior to the building permit approval. Councilor Hunt commented that the Homeowners Association documents didn't really mean anything because the homeowners could change them with a majority vote. Mr. Cox said that the state statutes did allow that; although he did not know if the Association could do away with a street fund. The Association's membership could adjust the amount paid monthly to the fund by each homeowner. Mayor Nicoli asked if the agreement could say that the fund could not fall below a certain dollar amount over the life of the property in order to maintain certain items. Mr. Cox said that the Association standards he wrote stated clearly that the Association could not dissolve or do away with the street maintenance fund unless approved by the City. Councilor Hunt noted agreement with Councilor Moore's position to avoid City responsibility to enforce CC&Rs. Mayor Nicoli commented that other subdivisions promised to take care of the City's concerns through their CC&Rs, but then wrote the CC&Rs so poorly that the Association had no way to enforce its own CC&Rs, leaving the city to take them to circuit court to resolve problems. He said that if they were going to allow developers to use CC&Rs, then they needed to make sure they were written so that the City would have some ability to enforce areas of concern. Councilor Rohlf said that he did not favor that as he thought it led to accountability of the City for those private streets. Councilor Rohlf asked staff if they stood by their recommendation to accept the Planning Commission's recommendation without any changes to the CC&Rs. Mr. Bewersdorff said that they could change Condition #S if the Council wanted to put "more teeth" into the CC&Rs. e. Mayor Nicoli closed the public hearing. f. Council Consideration Notion by Councilor Moore to adopt Exhibit A. There was no second. Councilor Rohlf asked if the applicant would be willing to adjust the CC&Rs about notice to the purchasing public both now and in the future. He mentioned Mr. Cox's suggestion to put a notification in the CC&R document in bold, extra-large print. Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution No. 96-68, with the modification to give notice in the CC&Rs to buyers with no obligation on the City's part. The City Recorder read the number and title of Resolution NO. 96-68 RESOLUTION NO. 96-68, A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE HILLSHIRE HOLLOW SUBDIVISION (SUB 96-04) PLANNED DEVELOPMENT REVIEW 96-02, VARIANCE 96-06 AND SENSITIVE LANDS REVIEW 96-02. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 PAGE 11 Ms. Beery asked if the Council wanted a modification to Condition No. 5 adding language that the property owners be clearly notified in bold print in the CC&Rs of the ownership and maintenance responsibility of the private street. Mr. Monahan noted the language in Section 5 that addressed that issue already including submitting copies to the City Engineering Department and the City Attorney. The Council indicated that they wanted the City Attorney excluded. Motion was approved by 4-1 voice vote of Council present. (Mayor Nicoli, Councilors Moore, Rohlf and Scheckla voted "yes"; Councilor Hunt voted "no. ") 5. PUBLIC HEARING - (QUASI-JUDICIAL) - PUBLIC RIGHT OF WAY STREET VACATION -- SW TORLAND COURT - Request for a vacation of approximately 4,431 square feet of public right-of-way located on SW Torland Court, also together with an 8-foot wide utility easement along the south boundary of Lot 3 and the north boundary of Lot 4, reserving an 8-foot wide easement along the east boundary of the area being vacated. a. mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges: None C. Staff Report Mr. Bewersdorff presented the staff report. He reviewed the specifics of this request to vacate a public right-of-way utility easement that was originally dedicated to allow the extension and connection of future streets . He said that Mr. Kinnon partitioned his property prior to the platting of Torland Estates; he now wanted to repartition Lot 6200 to allow development. Mr. Bewersdorff said that developing the lot required the street vacation. He said that because of surrounding development and street connections, staff did not think it necessary to keep Torland Court. He said that Mr. Kinnon would provide easements along the western edge of the right of way to handle the utilities. d. Public Testimony: None e. Staff Recommendation Mr. Bewersdorff recommended approval. f. Council Questions Councilor Moore asked if Tract 1 would become part of Lot 3 and Tract 2 part of Lot 4. Mr. Bewersdorff said yes. Councilor Rohlf asked if the City paid for the property when it was acquired. Mr. Bewersdorff said that it was dedicated as part of the subdivision. 9- Mayor Nicoli closed the public hearing. h. Council Consideration Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Ordinance No. 96-27. The City Recorder read the number and title of Ordinance No. 96-37. ORDINANCE NO. 96-37, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4, 431 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW TORLAND COURT ALSO TOGETHER WITH AN 8 FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH BOUNDARY OF LOT 3 AND THE NORTH BOUNDARY OF LOT 4 IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 12 $yes. 14) 7. PUBLIC HEARING - (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96- 0006/ZONE CHANGE (ZON) 96-001 DR. GENE DAVIS/FOREIGN MISSION REQUEST: To amend the Comprehensive Plan map on Tax Lots 3500, 3600, 3700, 3800, 3900, Map 1S1 36AC, located southeast of Oak Street, east of SW 95th, from Low Density Residential to Commercial Professional and a Zone Change from R 4.5 to CP. Location: Southeast of SW Oak Street, north of Highway 217. Applicable Review Criteria: Comprehensive Plan polices 1.12 (2) , 2.1.1, 6.1.1, 8.1.1 and 12.2.3; Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. Zone: R-4.5 (Single family residential) allows single-family detached units, manufactured homes, farming, family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges: None C. Staff Report Laurie Nicholson, Associate Planner, presented the staff report. She reviewed the specifics of the request for a plan amendment to rezone the property under consideration from R-4.5 to CP in order to construct a 6,000 square-foot restaurant. In addition, the applicant requested a plan amendment to reorient the hotel already Approved on the adjacent property. She reviewed the location of the parcel on a map. Ms. Nicholson noted that both ODOT and Washington County recommended denial of the request due to traffic impacts, although they both would support the request if the plan amendment were conditioned to limit the number of trips allowed for the land use. She said that Metro supported the request because it was compatible with this area's designation in the 2040 plan as a regional transportation center. Ms. Nicholson mentioned that the Washington Square developer, Windmar Pacific, recommended denial based on negative traffic impacts. Pat Whiting submitted two letters recommending denial on the traffic and wetlands issues. Ms. Nicholson said that staff did not believe that the land use was appropriate for the site. The City has supported the 2040 designation of this area as a regional center with the recommended mix of office, high density residential, and commercial uses. She commented that the City was not required to comply with the Metro plan at this time. Ms. Nicholson explained that staff believed that transportation was the main concern for this application. She noted that the primary facility that would be impacted was Greenburg Road which was under County jurisdiction. The County recommended denial if the land use was not limited. She stated that traditionally the City has not conditioned a plan amendment, pointing out that it added another layer of enforcement which currently the staff did not do. The City Attorney's office recommended against such a condition because of the enforcement issues. Ms. Nicholson said that the purpose of the Comprehensive Plan was to provide guidelines for land use, not to address specific design issues, which were typically addressed during the site design review application. She said that staff did not think it was good policy CITY COUNCIL MEETING MINUT - OCTOBER 22, 1996 - PAGE 13 to place trip conditions on a plan amendment. She stated that staff and the Planning Commission both recommended denial. d. Public Testimony APPLICANT Dave Seagall, W & H Pacific, 8405 SW Nimbus, Beaverton, representing the applicant Dr. Gone Davis, gave an overview of their presentation. He said the roadway and parking for the proposed hotel would be provided for on the adjacent property. Mr. Seagall stated that when a proposed land use action met all the specific criteria for approval, then approval should be granted. He said that staff indicated that the proposal met all the criteria for a proposed land zone change except for the transportation impact. He said that they intended to present evidence demonstrating that the proposal met the transportation test and should be approved. He stated that they would also provide a demonstration of good will to address the concerns regarding development with high intensity uses. Laura Jenson, W & H Pacific, 8405 SW Nimbus, Beaverton, reviewed on overhead graphics the location of the 4.S acre parcel. She said that they were requesting rotation of the already approved hotel for aesthetic reasons and development of the adjacent parcel as a restaurant with possible other commercial uses to support the hotel (such as dry cleaners, coffee outlet) . She stated that the site had no wetlands on it. She described the access road to the hotel. Ms. Jensen stated that the current zoning of low density residential was not an appropriate use of the land. The commercial band along the freeway made the residential area into an island. She said that the commercial property adjacent to the highway would probably not develop without the proposed road through this parcel, which provided the primary access. Without rezone approval, the road would not be built and the properties would not develop. She said that residential use did not make economic sense and that neither hotel owners nor the neighbors wanted hotel patrons traveling through a single-family residential neighborhood. Ms. Jensen reiterated that the City of Tigard allowed zone changes if the criteria were met and that staff acknowledged in their report and testimony before the Planning Commission that this proposal met all the applicable criteria with the exception of the traffic criteria.-- Ms. Jensen reviewed the history of the property. She said that the property was zoned residential upon annexation to the City to match the County's zoning, similar to the properties on which Lincoln Center and the Unisys building were located (these were rezoned to allow commercial development) . She mentioned the City's attempt in 1990 to designate this area for redevelopment as the "President's Parkway, " a ballot issue which failed, causing the rezoning to commercial to revert to the original zoning of residential. Ms. Jensen said that there have been neighborhood meetings over the past couple of years to discuss several proposals for the larger area (including other properties owned by the applicant and by others) . All the proposals except one fell through; last year Dr. Davis got approval to build a hotel on the site. However, in order to provide an aesthetically pleasing hotel and to meet the requirements, they wanted to rotate the hotel. This would cause a small amount of the entry area to fall on the subject parcel. She said that as part of this proposal, Dr. Davis was committed to extending Lincoln Street as the access road on the subject property. Ms. Jensen explained that while the parcel was 4.5 acres, when they took out the land for roadway, parking, and right of way, they were left with only 2 to 2.5 acres. She said that the scenario on which the traffic study was based was the worst-case scenario for the entire 4.5 acres. The intensity of development and amount of traffic CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 PAGE 14 generated would be significantly less when the acreage was reduced by the road and parking. Ms. Jensen stated that there was a commitment to develop the adjacent CP site as a hotel. One of the conditions of approval for that development was the extension of Lincoln Street into the site for access- This commitment restricted the amount of developable land in the 4.5 acre parcel and would eliminate any sort of Yarge office type development. Ms. Jensen stated that the request met the siting criteria for the CP zone as defined in the City's Code and the changes in land use proposed under metro's 2040 framework. She said that it did not impact the City's housing balance. She stated that the only issue that could be considered as a basis for denial was transportation, specifically on Greenburg Road. Ms. Jensen said that because Greenburg Road was a Washington County road, the comments from the Washington County staff were treated with relevance, as were ODOT's because Hall Blvd was an ODOT facility. She said that traffic would reroute to Locust and Hall because of the traffic signal at that intersection; ODOT staff found this acceptable. She noted that ODOT also suggested approval of a condition to limit traffic generated by the site, though they did not mention whether to condition the land use or to condition the traffic generation. Hahn Lee, Parametrics, 7820 SE Holman, Suite 86, Portland, the applicant's traffic consultant, addressed traffic analysis methodology and the results of the traffic analysis. He reviewed the two types of traffic analysis methodology used by Washington County, a general planning level analysis and an operational level analysis. He explained that the County used the general planning level analysis because a rezone request went to the long-range planning staff, not to the transportation staff. Mr. Lee said that the general planning level analysis resulted only in preliminary and general conclusions and was not applicable in this case because it did not address the complex traffic issues on Greenburg Road. He said that the County transportation staff would have used the same operational analysis that Parametrics used at the request of the City of Tigard staff. Mr. Lee reviewed the conclusions of the operational analysis. The proposal met the Washington County level of service D requirement along Greenburg Road. A comparison between the level of service between the existing and proposed zoning alternatives showed only a 1-2 second difference in the average intersection delay (which was considered insignificant) . Traffic added by the rezone 'alternatives would equal less than one car per minute per lane (also considered insignificant) . The proposed extension of Lincoln Street would significantly improve local traffic circulation but -would not occur without a rezone. The results of the traffic analysis were consistent with the Hall/Greenburg/Scholls Ferry Traffic Needs Study conducted for the City of Tigard by Parametrics in 1993. Mr. Lee stated that Parametrics used the appropriate analysis approach to determine the impact. He reiterated that they met the level of service standard test, that there were no significant differences between existing and proposed zoning alternatives and that the study results were consistent with the regional study conducted in 1993 (which resulted in the Greenburg Road improvement project expected to accommodate traffic at level of service D to the year 2010) . Ms. Jensen stated that the request deserved approval, pointing out that they used the traffic analysis method requested by the City and they have demonstrated that they met the level of service standard. Mr. Seagall discussed the conditioning of the zone change with a limitation on either the type of development or on the trips CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 15 generated by future development. He said that this was a common practice with most communities of any size in Oregon. He said that they were not talking about conditioning a plan amendment but conditioning the zone change that would occur concurrently with the plan amendment if approved. Mr: Seagall cited Section 18.32.250 of the Tigard Development Code which allowed the City to attach conditions to a zone change if it wished to do so. He noted that initially staff had been favorable towards their proposal but grew concerned for the potential traffic impact because of the Washington County letter. He said that they met with staff to try to find a way to deal with the situation, possibly placing a limitation on use. Mr. Seagall stated that staff indicated concerns with tracking conditions of approval and, therefore, declined to recommend approval. He noted that many communities routinely conditioned the zone chancre accompanying a plan amendment change, citing his experience as the Development Services Manager for the City of Salem. He said that tracking such conditions could be done in a manner that was not onerous. Mr. Seagall noted the Planning Commission's discussion of approving the request with a condition on the future development of the 4.5 acres. The Planning Commission attempted to develop appropriate language that at the hearing. When their attempt failed, they denied the request. Mr. Seagall reiterated that the property would serve as the access road and parking for an adjacent development already approved by the City. He said that according to the staff report, they met the criteria. for a plan and zone change and that they have demonstrated that themeet the City's standards for traffic impact. He noted their wily lingness to work with staff to alleviate concerns regarding the intensity of uses on the property (which was only 2.5 acres after taking away for parking, roadway and right of way) . Mayor Nicoli asked if there was a good map showing exactly where the parcel was located. Ms. Nicholson reviewed the map. Councilor Scheckla stated that he looked at the property and noticed wetlands and wildlife. He asked why that wasn't acknowledged. Ms. Jensen explained that about a year ago a wetlands scientist, DSL, and the Army Corps of Engineers identified all the wetlands in that vicinity; this parcel was not in the area below the old railroad right of way which was where all the wetlands were located. Councilor Scheckla asked if putting in pavement wouldn't affect the wetlands runoff. Ms. Jensen said that all conditions with respect to wetlands would be dealt with during the site design approval. Mr. Seagall stated that there were no wetlands identified on the 4.5 acres under consideration tonight. He said that, should this be approved, they would have to go through arigorous development review process during which any wetlands issues would be resolved before the development could be approved. Councilor Scheckla said that he realized that but thought that there would be an impact and problems. Councilor Scheckla noted concerns about the findings of the traffic study. He asked who should the Council believe: ODOT and the County or the applicant's hired consultant? Mr. Seagall asked staff to explain the development review process the applicant would have to go through. Mr. Bewersdorff said that Mr. Seagall was correct in stating that there were no wetlands on the property. He noted that there was a creek running at the very southern portion of the area but that he didn't know if this property was part of the creek. He stated that those issues would be dealt with during development review. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 16 t' Mr. Seagall reiterated that the wetlands issue would be dealt with to the City's satisfaction during development review or the development would not proceed. PROPONENTS: Ed Dunden, commercial real estate broker specializing in the 'hotel industry, stated that Dr. Davis has had a long term goal of attracting an upscale hotel to his property; he has been working with him recently to accomplish this goal. He said that he has been asked to comment on the suitability of the site for a hotel. Mr. Dunden said that the developer currently interested in developing a hotel on this property intended to build a hotel of the quality of a Suites hotel or Residence Inn. He said that without the zone change, it would be impossible to site the hotel appropriately on the land currently zoned for the hotel. He said that the current site plan proposed by the developer included land over to the proposed Lincoln Street extension. He commented that the extension would encourage better traffic flow in the area. Joel Adamson, 4485 NW Wallowa, Portland, stated that he owned property on Oak Street that was part of this proposal. He referred to the Trammel Crow proposal for the President's Parkway development which was had been opposed by many at the time. He said that those same people now admitted that the area would inevitably be developed. He cited as an example one man who moved out of the area because he could see that the residential quality of life would continue to decline. He said that he would like to see the area developed. OPPONENTS Jacqueline Smith, 8935 SW Oak Street, a 27-year resident, stated that she thought that the citizens needed to look at this area as a I resource. A plan for the area should be developed based on what has already transpired, rather than changing the zoning one parcel at a time. The plan should include consideration of wetlands, traffic and schools. The school in the area would be isolated by this proposal. Cliff Epler, 8845 SW Spruce Street, said that he opposed the proposal because the land use was not appropriate for the site. He said that, based on ODOT and Washington County's comments, the City should look at this area in the overall spectrum. He mentioned the President's Parkway urban renewal attempt and noted that 82% of the people voted against the President's Parkway because of the projected 12,000 cars a day. He contended that the road extension was a small street, not like Hall or Greenburg, and that vehicles servicing the hotel would go down the street next to the school and turn around. Mr. Epler said that if there were no wetlands in that area, then someone has filled them in because Ash Creek ran right through the middle. He stated that there was a flood plain there also. A plan for the area was needed to deal with the water and traffic problems. He said Dart of the area was unbuildable because it was a wetland. Mr. Epler said that there was no access from the street except to Hall or Greenburg which was a serious problem that the City needed to consider. He stated that an offramp from 217 in this project would alleviate a lot o problems but that Mr. Davis would not give up the land for an exit at the new street because it would not be economically viable for him. Councilor Hunt asked if the floodplain had flooded last winter. Mr. Epler noted the improvements to Hall and Greenburg with new culverts to take the water, and the fast moving water running down to Ash Creek, which was a channel through the land. He said that the land should have flooded last winter but it did not. The 100- year flood plain did not have a chance to do its job. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 17 Pat Whiting, 8122 SW Spruce Street, CPO #4N representative, referred to the written testimony submitted by the CPO. She noted the importance of the wetland and floodplain area in this vicinity. She reported that the Tigard City Hearings Officer in the early 1990s said that a study of the area was needed. Ms. Whiting pointed out a map that was attached to their written testimony (produced by Carl Hasche, Tigard architect working in cooperation with USA) looking at the area as a potential site for bioswales and storm water containment to deal with the water which was a major issue. She contended that USA's interest precluded a zone change at this time and suggested talking to USA. Ms. Whiting expressed the CPO's concerns about the elementary school located within a block of this property with children walking and biking. She contended that the traffic impacts would not be limited to Greenburg Road but would affect the entire Metzger and east Tigard community. She commented on the increased commercial traffic spilling onto commercial streets because of the nearby Washington Square and Lincoln Center developments. Ms. Whiting concurred with ODOT's recommendation for a major transportation analysis of this area. She also noted concern with flooding in the area. Ms. Whiting said that she did not agree with Metro's interpretation, as she did not think that they even looked at the area. She pointed out that this property was at the bottom of the Fanno Creek watershed. She objected to "piecmeal" commercial development. She said she agreed with the Planning Department, the Planning Commission that this amendment be denied. She said that the CPO requested that it be refused. 0 Mayor Nicoli asked if Ms. whiting truly thought that someone would put residential on this R-4.5 parcel adjacent to the existing uses. Ms. whiting said that she could not answer that question, commenting that the parcel was adjacent to a wetland with wildlife, and that there was a need to use the' area for water retention. Mayor Nicoli commented that the water issue was irrelevant to the discussion this evening. He said that the question was "what is the best use of the land?" He said that the development review process would stop the application if there were wetland or water problems. Ms. Whiting said that, from an economic perspective on the issue of the best and highest use of the land, a commercial designation might be the way to go, but not from a neighborhood perspective. She said that, given the area, the road situation, the traffic needs, the close proximity of the school and the existing residents in the area, she would not want to see the parcel converted to commercial at this time. She commented that it would not be financially feasible to put in R-4.5 housing. She mentioned that in the past the applicant supported the land reverting back to residential from the commercial designation it had for the President's Parkway. Mayor Nicoli commented that the Council had to look at what was best for the community. He reiterated that he would not want to see residential built there because they would have even more problems. He stated that he was not saying that the proposed development was .n right, but that he did not think that the current zoning was appropriate. Ms. Whiting commented that the people on the perimeter of the area wanted to live here and that others were interested in living close to a natural setting; perhaps, someone might be interested in this as a residential area. Todd Kingsley, 8840 SW Spruce, stated that he lived in the home to the east of the property. He said that the proposal for the traffic CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 18 loading has been changed since the Planning Commission meeting two weeks ago from a level F to a level D. He commented that there has been no discussion for improvements to Oak Street or a method to force traffic to stay in the main traffic zone. He contended that hotel patrons would take Oak when the other roadways were busy but that nothing has been proposed to improve Oak to a level where it could support that traffic. Mr. Kingsley noted the present plan allowed motorists to drive by either side of the Metzger school if Greenburg was busy. He spoke for accepting the Planning Commission's recommendation to deny the application until the City had an understanding of what would happen on the roadways once the area was fully developed. Jane Kingsley, 8840 SW Spruce, referred to a letter she signed in opposition to this proposal. She commented on the amount of traffic already on Hall; the hotel would further impact Hall Blvd. She commented on the inadequate parking at Metzger School; parents were parking in the street to pick up their children. This applicant has not addressed this issue. She concurred with her husband that the applicant had not addressed the impact to Oak Street. Mrs. Kingsley said the hotel would add to the water runoff problem and impact the floodplain. She stated that Mr. Davis has dumped debris and garbage into the wetlands on a daily basis. Mrs. Kingsley noted that the Planning Commission denied this zone change two weeks ago and asked if another notice was sent out on this hearing tonight. She said that no one knew of this hearing until notification by Ms. Pat whiting yesterday. She asked why those who lived so close to the proposed development were not notified and asked to be notified in order to participate in development close to their neighborhood. Mr. Monahan noted for the record the five identical letters signed C) by five different people was received by staff while the Council was in Executive Session. These letters will be entered into the record. Laurie Pickering, 14447 Tewkesbury, commented that the biggest issue at the Planning Commission meeting was the inability to enforce a deed restriction on a zone change. She stated that she was opposed to a zone change with a deed restriction because of the applicant's past performance and the traffic impacts on the surrounding area. She said that site development plans should be submitted first; a zone change was simply a stepping stone for development. She noted the features of the area, including a pond, homes, a school, and the Washington Square shopping center. Andrew Jordan, attorney for the applicant, objected to Mr. Pickerinals standing in the case. Ms. Beery stated that Tigard had no code limitations that provided that a person living a certain distance from a particular application was not allowed to speak. She said that while Mr. Jordan's objection was noted, there was no basis for disallowing Mr. Pickering's testimony. Curtis Pickering, 1447 Tewkesbury, stated that Mr. Davis was asking for a zone change on 4.5 acres because he couldn't fit a hotel on the acreage that he had available to him with access off 98th Street. He said that he did not think it was appropriate to use that reason to expand the zoning. He said the whole picture should be looked at and concurred with the Mayor that this parcel would be developed into commercial. A commercial development would impact a much larger area than a 250-foot radius especially when considered as part of the 2040 plan. He commented that this was the first stage of multiple development. Mr. Pickering noted the recommendation in Mr. Lee's traffic study that there would be little impact because of the street being opened CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 19 up. He stated that Mr. Davis did not own the property where that street was located and could not insure that opening up the street would be part of the development. Mr. Pickering pointed out that the subject property was surrounded on three sides by residential. He referred to past City policy to not approve a commercial rezone request when the property is surrounded on three sides by residential. He cautioned about precedent-setting if this request was approved. He also commented that a traffic study's conclusions should be based on site-specific plans. Mr. Pickering stated that there were wetlands on the property and referred to a map and pointed out the location of these wetlands. He said that increasing the zoning to a higher density would automatically impact the wetlands. Mr. Pickering stated that Mr. Davis had a history of not honoring deed restrictions, citing a deed restriction on the property to not allow cattle to graze. He commented that there was no means to enforce the deed restriction. Mr. Pickering stated that Mr. Davis could develop the hotel where it was. He said that Mr. Davis elected not to buy the other piece of property. Mayor Nicoli commented that, in looking at the whole area of Washington Square, Lincoln Center, and the neighborhood, he saw that there was a problem. He noted the Metro designation of the area as a regional transportation center (which meant first priority in funding) . ' He noted the features of the area and asked what was the best solution to transition between a commercial area and an established single family neighborhood. Mr. Pickering commented that there has been a lot of work in trying to find a solution. He noted that the traffic study showed Level F on both Hall and Greenburg on almost any day, and with the Christmas shopping season just around the corner, they would have hours of Level F. He said that any impact right now was a negative impact. He stated that he did not think that ODOT or Washington County clearly understood that when they were asked the question because part of the 'assumption was that the applicant would open up Lincoln Street and create a larger traffic circulation. Mr. Pickering spoke to looking at the area as a whole for development. If developed piecemeal, a tremendous hazard would be created on Hall Boulevard. He said that all of Oak Street from Hall to Greenburg needed to be reviewed. He suggested that either the applicant get together with the neighbors to find plan or the City take a stance for a plan. He said that doing this piecemeal did not provide adequate infrastructure to support such development and would set a precedent. Mr. Pickering said that another precedent would be set in approving a commercial zone on property surrounded on three sides by residential. He cited the denial of a zone change on Scholls Ferry because the parcel was surrounded on two sides by residential. John Blomgren stated that he was on the original Planning Committee for Metzger which laid out a plan for the area showing commercial, residential, parking, etc. ; this plan was approved by the County. He said that plan showed commercial only to 93rd Street out of a concern to protect the school children and the wetlands. He said that the area was a wetlands and that it flooded, referring to pictures he has taken over the past 25 years as proof. He noted the 100 year flood plain that flooded every year. He asked where all the water would go if development came in. He said that Mr. Davis filled in a pond, which was an illegal action no one has done anything about. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 20 Mr. Blomgren reiterated that commercial development should not go east of 93rd because of the children. He cited his observations from his house on the corner of increasing traffic in the area since Washington Square was built. He said that adding traffic would create congestion at Oak and 87th, a few feet from Hall Blvd where a light was supposed to go in. Mr. Blomgren commented that he fed the birds daily in the wetland and that parents brought their children to participate. He said that development should occur on the drylands and that the wetlands should be left as they were. He suggested that the City buy the land and make it a park. REBUTTAL Andrew Jordan. 1600 SW Cedar Hills Blvd, Portland, representing the applicant, stated that the applicant could not provide a master plan for the entire area. He said that some master planning for the area has already been done and cited the Hall/Greenburg/Scholls Ferry Traffic Needs Study done for the City of Tigard by Parametrics. He said that this study concluded that there would be no impact on Hall from this development. He noted that the traffic study done by the applicant demonstrated that the traffic impact was toward Greenburg Road, not toward residential development. Mr. Jordan contended that this was not piecemeal planning, even though they were focusing on only four acres tonight. He said that this was the only piece of property owned by Dr. Davis that was not zoned commercial. Pending approval of the commercial zoning, this property would be included in the planning for the large commercial area. Mr. Jordan stated that both the applicant and his consultant believed that this parcel could not be developed as residential. He noted the trend in the area of buying up houses by developers for commercial development. He said that developing a street to serve this area as residential was economically unfeasible. He stated that the best use of this area was commercial. Mr. Jordan stated that the property did not flood last year according to Dr. Davis. No wetlands were identified on the parcel. He stated that these matters were development review issues that would be, dealt with at a later time. He said that other development review issues included whether or not Oak Street should be improved and the traffic issues. Mr. Jordan noted that Dr. Davis donated 6-8 acres of land for wetland mitigation several years ago when he developed the southerly portion of the land. The wetlands were developed in accordance with state guidelines and were found satisfactory over the five year period of review. He noted the complaints about cattle in the area and the way the wetlands were treated, commenting that if the land were developed, those issues would go away. Mr. Jordan stated that Mr. Pickering was associated with developers who owned the neighboring property and who were interested in keeping the value of Dr. Davis' property as low as possible in order to force him to sell. He said that those developers owned the property which prevented the street from going through. Dave Seagall reiterated that the question was "what is the best use of the property?" He noted that staff has indicated in their staff report that the current zoning was inappropriate and that the proposed zoning made a good deal of sense. He reviewed the two methods of addressing traffic impact: a planning level (as used by Washington County in considering long range planning) and a more rigorous test (which the City required the applicant to perform) He said that if Washington County had used the more rigorous test, as they commonly did, they would have reached the conclusion that the proposal did meet the traffic criteria for a plan amendment (level of service D) . CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 21 Mr. Seagall noted that there were higher intensity uses allowed within the CP zone than the applicant was proposing to develop. He said that they were willing toworkwith staff to condition the amendment to restrict the uses allowed in the zone to the less intensive ones. He held that they have met all the applicable criteria and should be granted outright approval but they would work with staff on a conditioned zoned change. e. -Council Questions Councilor Hunt noted his confusion regarding the road location because of the poor maps. Ms. Nicholson reviewed where the extension would be located. Mr. Bewersdorff noted that the development approval for the hotel required the connection through to Lincoln Street. Councilor Hunt commented that he understood from Mr. Jordan that someone else owned the land where the road extension was to go. He noted that there was a problem if the other people bought the land in order to prevent the road extension that was a condition of development. Mr. Jordan noted the two parcels of land that would have to be obtained to allow development of the hotel. one parcel was owned by the school District. He reiterated that development of the street to serve the parcel was already a condition of approval for the development of the hotel. In response to a question from Councilor Scheckla, Mr. Jordan said that the School District was willing to sell the property, and that he has not heard of a concern regarding safety from the school district. In response to a question from Councilor Scheckla, Mr. Jordan said that he was not suggesting that the property owner of the other parcel was wrong, but that they had an interest in the testimony they were giving. Mr. Pickering stated for the record that he was not representing the interests of the other property owners. He noted that Dr. Davis has had many opportunities to buy that parcel and refused to do SO. Councilor Moore asked what was the number of potential units that could be built on the 4.5 acre parcel if it was developed under the current zoning. Ms. Nicholson said that there could be five houses per acre for a total of 20 units. Councilor Scheckla asked why this land wasn't included for one of the areas considered for purchase by the City for a park. Mr. Monahan said that in the Greenspaces program, the City had accepted recommendations through the CIT process, and that apparently no one recommended this parcel for purchase. MayorNicoli asked Councilor Scheckla to clarify for the record whether or not he made a site visit. Councilor Scheckla stated that he did visit the site. Mayor Nicoli noted that Metro money could only be used to purchase property from a willing seller; the City could not condemn property with Metro money. Councilor Scheckla said that he had not been suggesting that. Mayor Nicoli commented that the focus of the hearing was on the zone change issue. He stated that he has not yet heard anyone explain the relevance of the wetlands issue. Councilor Scheckla said that he also had concerns about the transportation element based on Washington County and ODOT's comments. Councilor Moore asked how the amount of traffic to the site could be controlled through a condition. Ms. Nicholson reported Scott King of Washington County suggested to control the number of trips by the CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 22 square footage allowed for the development. She said that they looked at land use and the ITE manual to see how many trips the land use generated and then based the amount of square footage allowed on that formula. She said that the traffic study showed that the proposed development would have fewer trips than development under the existing zoning. f. mayor Nicoli closed the public hearing. 9__ Council Consideration. Mayor Nicoii said that the relevaat testimony Lr= both sides was correct. He said that he could see why the Planning Commission went through the exercise they went through. He commended that they have identified a problem which must be dealt with: specifically the conflicts between a commercial development next to an established single family neighborhood. He said that he could go either way, although he did not like the options that came with either a "yes" vote or a "no" vote. Councilor Moore emphasized that regardless of the zoning of this parcel, there would be problems. He said that any kind of development would have to go a traffic analysis and design review. He said that he didn't have much faith in traffic reports because different people reached different conclusions. He commented that he drove in the area and was aware that traffic was an issue. Councilor Hunt said that he had mixed emotions on this also. He stated that while he saw the need to take care of the safety issues, he didn't see how this would develop as anything but commercial. He said that he was"-still debating which way to go, commenting that if they denied it now, it might Just come back later. Councilor Rohlf.expressed concern at the piecemeal nature of the planning efforts, noting the structure of the Comprehensive Plan which encouraged that. He said that he faulted the City for not looking at the big picture, particularly in reference to traffic. He commented that is area was already bad and that doing anything would simply make things worse, especially without stepping back for a good overview. Councilor Rohlf noted that staff clearly was not convinced that the application addressed the traffic situation. The applicant has indicated that there was a piece of property that would probably hold up the road from coming through; therefore, the applicant could not alleviate the traffic problems that way. He said he sympathized with the neighborhoods having to contend with cut-through traffic and potentially heavy vehicles servicing the hotel. He said that he was strongly leaning towards denial. Councilor Scheckla stated that he would vote against the application due to transportation and safety concerns. In response to a question from mayor Nicoli, Ms. Nicholson stated that she did not think comprehensive plan amendment requests were subject to the 120 day rule. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to direct staff to return November 12, 1996 with a final order (Resolution Final order for denial of Applicant's request) . motion was approved by 3-0-2 voice vote of Council present. (councilors Moore, Rohlf and Scheckla voted "yes"; mayor Nicoli and Councilor Hunt abstained.) 8. COUNCIL CONSIDERATION: GOAL 5 WETLANDS - AMEND WORK PROGRAM BY REPLACING THE ECONOMIC, SOCIAL, ENVIRONMENTAL (ESSE) APPROACH WITH THE "SAFE HARBOR* PLANNING ALTERNATIVE AVAILABLE UNDER THE NEW GOAL 5 ADMINISTRATIVE RULES. This item was postponed. CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 23 9. NON AGENDA ITEMS: None 10. EXECDTIVE SESSION: The Tigard City Council went into Executive Session at 22:18 a.m. under the provisions of ORS 192.660 (1) (d) , (3) , & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 15. ADJOURNMENT: 12:34 a.m. Atter Catherznie WFiealey�City RecordOU Ma-vor, City of Tigard C/- Date: I2,/3IZU CITY COUNCIL MEETING MINUTES - OCTOBER 22, 1996 - PAGE 24 CITY OF TIG ARD, OREGON ORDINANCE NO. 96-377 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,431 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SOUTHWEST TORLAND COURT, ALSO TOGETHER WITH AN 8-FOOT-WIDE UTILITY EASEMENT ALONG THE SOUTH BOUNDARY OF LOT 3 AND THE NORTH BOUNDARY OF LOT 4, 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 on August 27th, 1996; and WHEREAS, the right-of-way for SW Torland Court had been dedicated to the public with the recording of Torland Estates Subdivision on September 30, 1994; and WHEREAS,the easement is a dedicated easement, giving rights over the land for utilities; and WHEREAS,the utility easements are no longer necessary; and WHEREAS, Southwest Torland Court stubs at the property line of tax lot 6200; and WHEREAS,the property owners of tar lot 6200 (created with the recording of a final partition plat (MLP 94-0005) on May 10, 1994) desire to partition tax lot 6200 to create an additional two lots; and WHEREAS, City codes requires the extension and/or provision of a turnaround for SW Torland Court; and WHEREAS, such an improvement would render the proposed partition not feasible; and WHEREAS, the applicant contends that extension of SW Torland Street is not necessary given the surrounding development patterns; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, Tualatin Valley Fire and Rescue requires the provision of an easement for emergency vehicle turnaround purposes; and ORDINANCE No.96-329_ is\citywide\ord\vactorl2.ord (Will D.)10/08/964:19 Pit Page I of 3 WHEREAS, Northwest Natural Gas has facilities located within the proposed vacation area that will require the granting of an easement protecting the facility for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities, and WHEREAS, PGE requires the provision of easements for PGE underground facilities; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the atTected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on October 22nd, 1996, finds that it is in the public interest to approve the request to vacate said public right-of-way and portions of a utility easement as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emergency vehicles shall be provided within the vacation area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 4,431 square feet of public right-of-way, also together with an 8-foot-wide public utility easement along the south boundary of Lot 3 and the north boundary of Lot 4, reserving an 8-foot-wide easement along the east boundary of the area being vacated, as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emergency vehicles shall be provided within the vacation area. ORDINANCE No.96-.,3te_., i:SCitywidelordlvaCtorl2,ord (Will D.)10108/964:19 PM Page 2 of 3 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By L4 Y)(LA-i fnD10 vote of all Council members present after being read by number and title only, this c;Q day of C;Lk'001,1- 1996. "eAzn-1 Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this c;)QnAday of 996. Sam 'coli, Mayor Approved as to form: City Attorney Date ORDINANCE No.96a!?- iAcity%vide\ord\vactorl2,ord (Will D.)10/08/964:19 Pki Pate 3 of 3 S►htl!!Sl! n t j t t 4 t t -7 t t rur t I V.XCATE R = 17.00• t 1 t R a• UnuTY = t 7.00• t E SEuENTa 40.2x•{s t a = =35.25' t C 2s.t3' t C = 6.56' { _ L o .2.6.33' � L = 6.70 4 * t - Cs _ Ns.s SO.24;c� Ca = S!Orsi`0:w _ _ - - - - 39 S 'S6'38'E 64.50' w00'30`52"w � p _ .+,3 92'24"•-`- i t$.06 &W.TIBLUD ABU TO BE I YAUTEDCs - si cr22•j 5"w STREET 1 ♦ VACa�•c 3' UTIUTY t ; C _ 4S.19` _.SEmENT i BOISE ; t L = s7..c6` i t C3 = S3r22'3V E 11 ; t RECtSTERE3 (( (! RESERVE t t ?ICFE:SSiONAL a• UttusY t t i.;-.v0 SU=cv:YC4 t SEMEN t ! _ f ► ' - ;, ' -.-.`. •:+` =.%Z TO BE ' SvUTrtWEjT (�R EG0N CCr2 vER y^ ,.vC TO =Er v :ST:.iES k t [_`ONARE) tC ..r __ VAC i:� T a _OT iCiEZL.t t? t i Z .:3 / t ► tI i ;ty cr Tigcrc, NcsningZon County; Cr-agcn BEET VAC TiCN MAP-: ,/� 'ffBtAl1N Celia •:cje_ t" = =4• - +Jc z: :_r Fz�. 1995 ©rcwnt' - FIRUCBl6BTBF-NAY --= sTSEET VACATION rotocre%x Far Rencis•_ance Development Phone: (-03) 657-5 72 S. w Yacrnrtte polls Crive. west: Linn. Crecon 97068 1 URIBT- B -1 LEONARD A. RYDELL, P.E., F.L.S. Consulting Civil Engineer - Land Survcyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEGA.I. DESCRIP`T'ION - Tract Two W.O. No. 9I 15 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORL_MND ESTATES", u subdivision recorded in Book 93, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette 'Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 5!8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Northwest corner of Lot 4 of said "TORL.-OND ESTATES", thence North 00° 20' 52" West along the West line of said "TORLA.NL D ESTATES" 35.90 feet; thence North 88° 29' 38" East 82.28 feet; thence on a 44.00 foot radius curve left (long chord bears South 32' 22, 32" East 45.19 feet) an arc distance of 47.46 feet to the North line of Lot 4 of said "TORL-N.ND ESTATES"; thence North 89° 56' 38" West along the North line of said Lot 4 of "TORI..-'UvD ESTATES" 106.23 feet to the True Point of Beginning. Said parcel containing 3312 square feet. ALSO TOGETHER WITH the 8.00 foot wide utility easement alone the North boundary of said Lot 4. RESERVING an 5.00 foot wide utility easement along the East boundary of said tract being vacated including its extension into Lot 4 of said "TORL -ND ESTATES". �S 1s tZ hi:'LJv;ON AL s 1.077 x tiJ7 PLANNED DEVELOPMENTS . RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS • SOLAR-CONSERVATION HOMES 1 - EXHIBIT B -2 LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - land Survey;,; bol PlNEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-916-1 LEG.- .L DESCRIPTION - Tract One W.O, Nu. 911.3 Prepared for Arthur Toriand/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAIND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records. and located in the J. L. Hicklin Donation Land Claim No. 5.1 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range I West uC the Willamette Meridian, City of Tigard,Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 518-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Southwest corner of Lot 3 of said "TORLAND ESTATES", thence South 89° 5638" East 69.80 feet along the South line of said Lot 3 to a to a 5/8-inch iron rebar-, thence on a 17.00 foot radius curve left (long chord bears North 44* 50' 29" East 24.13 feet) an arc distance of 26.83 feet; thence South 00° 22' 23" East 4.67 feet; thence on a 17.00 foot radius curve right (long chord bears South 10° 55' 20" West 6.66 feet) an arc distance of 6.70 feet; thence on a 44.00 foot radius curve left (long chord bears South 10" 22' 18" West 18.06 feet) an arc distance of 18.19 feet; thence South 88° 29' 38" West 82.28 feet to the West boundary of the plat of said "TORL I D ESTATES"; thence North 00° 20' 52" West along the West boundary of the plat of said "TORL—AND ESTATES" 14.10 feet to the True Point of Beginnicig. Said parcel containing 1,119 square feet. ALSO TOGETHER WITH the 8.00 foot wide public utility easement along the South boundazy of said Lot 3. RESERVING an 8.00 foot wide public utility easement along the East boundary of said tract being vacated. ,t :J, 2077 PLANNED DEVELOPMENTS o RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS + SOLAR-CONSERVATION HOMES EXHIBIT B -s 014 i �-- LLJ S0022 4.3 E l 0.67• I POINT OF VACATE R = 17.00' i R = !i 7.00• ! BEGINNING S' UTILITY ...A = 90':5'4$' t ( - TRACT ONE EASEMENT C = 24.13' t n = 22'35.25" L = 26.83' C - 6.66' � t C8 = N4-050'29',E� L - 6'70' `i --,_ _ _ CI3- StO'SS• W "___ _ _ _ - L. SS9'56'35*E 69.80' -i A t 2 2"W ,74 R = 44.00' \`; J.";M►-_ _��-,r __ .. Noo;oto $a1 TRACT ONE o = 23-41'29' i ! " 4N8S29w. -- T 0 R�" ff- - -' _ _ _ CS = SSO'22'18-W yC5Q�''" E311.74 TRACT TWO �� S T R E E T O. fT, . . . N89'S6'38"W 106.23' \♦ POINT OF BEGINNING TRACT TWO _ --^_ '- • t.. _. �^"'" _ -- -. . -_-.. t _ -- VACATE R = 44.00• S 3' UTILtT7 I ! EASCmENT HOUSE i i L = .46 ( L -_ 47.30' CS = S32 22'32 E REGISTERED? RESERVEt l PROFESSIONAL S• UT4UTY I i 5 LAND SURVEYOR EASEMENT I ! VQ T ES: I t I. TRACT ONE TO BE SOUTHWEST ( ( OREGOf4 VACATED TO LOT 3 l -:E?rENeE3 X. 1*177 - - TRACT +^•vO TO 3E CORNER I I LEONARD A. RYOE_L _ VACA'EO TO _OT 4 TOR..A.10 ;STA7E 5' / ( ! 1437 ... F�E.14E*NAL DATE awG. `9i15-va...7•Y. . CRL ASND ESTATES ty of T lgcr,-4, Wcshington County, Oregon REE T VACATICN MAP PRI E='AREJ 9Y: CNARD A. RYCTELL. Pr. P'-l. 'r.='"' 40• Dote: 14- Feb. 1995 �Jrcwnl .. 60I rPince.urit IY+.wber•3. Oreq->n 1. 7132- . _.- --For--_ - ____ _ -0--eve-lop-m- _- ___-._ - --.— _- 'repa-rea For—Re Q-issance Development Phone: (503) 657-573 Ph•)ne: .(50-35) °•38-5701) - -;c72 S. W. Wiitornette Falls "rive. West Linn. Creaon 97C68 W.0, No. - " yFF V s'� s do i I tt M M N 4 4 - T♦ Y i Q ti �. • r=off ~ e Ui F ; t Tld qiZ 11<<`- XS ' :3 ♦ . • .w F�0.�j ♦h v r Al + •v "� a s ♦ •rY r M +� rte r < < F ♦ 7w r M M Y, M40 NSR NN Y A f /lid Y7ye i/M Alk� r t oo •. LL Ow ew S tjt pati }AAA( Y N� �` �� •• '�' !?4 kyr �V t Y1 r•.� arv�r it a �. �a ! L= � i VICINITY CASE No. EXHIBIT MAP 7 RI�CR16�aFwAT CITY OF TIGARD, OREGON RESOLUTION NO.96-%�Cl A RESOLUTION CONCERNING THE VACATION OF APPROXIMATELY 4,431 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW TORLAND COURT. WHEREAS, the right-of-way for SW Torland Court had been dedicated to the public (Book 90, Pages 50, 51); and, WHEREAS, Southwest Torland Court stubs at the property line of tax lot 6200; and, WHEREAS, the property owners of tax lot 6200, created with the recording of a final partition plat (MLP 94- 0005)on May 10, 1994,desire to partition tax lot 6200 to create an additional two lots. WHEREAS,City codes require the extension and/or provision of a turnaround for SW Torland Court; and, WHEREAS, such an improvement would render the proposed partition not feasible; and, WHEREAS, the applicant contends that extension of SW Torland Street is not necessary given the surrounding development patterns; and, WHEREAS,the approximately 4,431 square feet of public right-of-way is no longer necessary;and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of approximately 4,431 square feet of public right-of-way on SW Torland Court, as more particularly described in Exhibit "B". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, October 22, 1996, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on October 3, 1996 and the final publication to be on October 10, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference,made a part hereof. RESOLUTION NO.96!19 Page I of 2 BeitywideVesWactorLint 08/08/96 12:04 PM PASSED: This al day ofCI-11-S4— , 1996. Mayor- of Tigard ATTEST: i City Recorder-City of Tigard RESOLUTION NO.9 Page 2 of 2 i:\citvwide\res\vactorl.int 08/08/96 12:04 PM - EXIT A � l 1• LJ I i t i l i , 3 1 N k l 1 k S00'22123"E l 4.67` VACATE R = 17.00' Ii 8' UTILITY = 90'25'45 1 R = 17.00' EASEMENT _C _ 24-13' I J - 22'35'25" I C _ 6.66' L 26.33' L 6.70' 1 — -- C$" Nos 50'29""- C8-= S 10'55'20..w 589'56'38-E 69.80' i �- R _ 44.00' • NCC'2C'53"W d = 23'4129" 1 1¢REA TO e L = 1 18..1919'' S .W. T1�. RL.-= ' L = •• - VACA-rF-0CS - S10'22`15'W — — -- 35.9a' T E E i k I R = 44.00' i CATE S'� UTILITY EASEMENTI C - 45.19' I l HOUSE I t L = 47.46' I ( CS = S32 22'32"ELF A I ! I k ( REGISTERED RESERVE 1 l PROs=ESS10Nat 8' UTILITY i 1 �ti, L?NO SURVEYCR EASEMENT NOTES- i. TRACT ONE TO BE s I t OREGON VACaiED TO LOT 3 SOUTHWEST -s TRACT Two TO 9E CORNER I t r�st�3 VACATED TO LOT t I "TORLANO ESTATES" 1 i LEONARD ^.. RYOE`_+ ( 3 1 437 t l VY�I:. •911 J— +^" .'Va TORLAND ESTATES City of Ttgcrd, Washington County. Oregon STREET VACATION MAP PRS-PARED 6'1: LE--�NARD A. R-YE'EL L. ._ r __. e•. . 1" = 40' Date: 14 Feb. 1995 Drown2�...N�.- Kit Piro r.urst briv- Pr-i-pares For Renaissance Development Phone: (503) 657-573 Ph•)ne- (` 2�) `•'.8-`?s:�:° 1672 S. W Wltamette Fails Drive. West Linn. Oregon 97068 W.1). Nu. -: 'EXHIDIT B '^ .... _ ON �• f Rf.J• r' r * a •1 A N M Y . • • ,1 inM rr \ f 1 \t O • 1 • / f lftlx 1 • Q 01 eon r. $ O dt`+ m f «,»ov ' o .' '�. 1...1 LLJ 7 t. itle .44 \ b ti1 a \ t IN o in • 40 • N W /l W to .xYl tcl ws at'H• Y.M,xa.f• W_ N \ C a: %20 r .. _ Um00 a ...« i • � a tv a11 QQ R N v j.• I MIS x xio crw wo ow LL aaq �Q?uu � �~ �• taw YYY wa1 a1srY0• - spa as p. -� R � 3v 2 s!s tN'Vol 2 �i - VICINITY CASE NO. EXHIBIT MAP IWIN K . CITY OF TIGARD .+:�vv::o:;::;��C.ya�>dae.•�\ati<.:,:•\�w•a\a.}C:.itti`'C,: \ ��' 4fi`: 111: -M- p PUBLIC NOTICE: `. . .: . . :� �>� • ' < Anyone wishing to speak on an agenda ,: "`, � t; .,.• 1� : w , item should sign on the appropriate sign- 51 •��- :;` up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it Is recommended that persons interested in testifying be present by 7:1S p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is Important to allow as much lead time as possible. Please notify the City of your need by S:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 22, 1996 - PAGE 1 AGENDA Tigard City Council Meeting - October 22, 1996 6:30 p.m. • STUDY MEETING > Agenda Review 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes - September 17 and 24, 1996 3.2 Approve Resolution Amending the FY 1996-97 Salary Schedule for Management and Professional Group to add Youth Services Specialist at Range 50A - Resolution No. 96- 3.3 Approve Resolution Amending Labor Agreement with the Oregon Public Employees Union, Local 199, to Provide for Bonus Pay to Certain Classifications for Possession of Manufactured Home Installation Inspector Certification - Resolution No. 96- 3.4 Approve Formation of Reimbursement District 8 without Modification to the Engineer's Report 3.5 Local Contract Review Board.- a. oard:a. Approve Contract with Bookin Group-SRI/Shapiro to Update the Development Code b. Award GIS Utility Survey Contract to G.E. Raleigh Associates • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - OCTOBER 22, 1996 - PAGE 2 4. PUBLIC HEARING (QUASI-JUDICIAL) - HILLSHIRE HOLLOW SUBDIVISION - Council Call-Up for Review: (SUBDIVISION (SUB) 96- 0004; PLANNED DEVELOPMENT REVIEW (PDR) 96-0005; VARIANCE (VAR) 96-0006 SENSITIVE LANDS REVIEW (SLR) 96-0002 - A request to subdivide a 6.08 acre parcel into 24 lots. Planned Development Review to reduce the minimum lot size below 5,000 square feet to minimize site development impacts. Variances to the maximum permitted street length, a reduction of setbacks, and to the number of dwellings that would access a cul-de-sac street. Sensitive Lands Review to develop portions of the site with slopes in excess of 25 percent and to perform land form alterations to wetlands. Location: 13011 SW Ascension. The site is located on the west side of SW Ascension Drive, approximately 650 feet south of SW Fern Street. Applicable Review Criteria: Community Development Code Chapters 18.52, 18.80, 18.84, 18.88, 18.90, 18.92, 18.120, 18.134, 18ASO, 50, 18.160 and 18.164. Zone: R-7 (PD). (Single-family residential, 5,000 square feet attached per unit). The purpose of the R-7 zoning district is to establish sites for attached and detached single-family residences. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 96- COUNCIL AGENDA - OCTOBER 22, 1996 - PAGE 3 S. PUBLIC HEARING (QUASI-JUDICIAL) - PUBLIC RIGHT OF WAY STREET . VACATION -- SW TORLAND COURT - Request for a vacation of approximately 4,431 square feet of public right-of-way located on SW Torland Court, also together with an 8-foot wide utility easement along the south boundary of Lot 3 and the north boundary of Lot 4, reserving an a 8- foot wide easement along the east boundary of the area being vacated. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 96- 6. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), er (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0006/ZONE CHANGE (ZON) 96-0001 DR. GENE DAVIS/FOREIGN MISSION REQUEST: To amend the Comprehensive Plan map on Tax Lots 3500, 3600, 3700, 3800, 3900, Map IS 1 35AC, located southeast of Oak Street, east of SW 95th, from Low Density Residential to Commercial Professional and a Zone Change from R 4.5 to CP. LOCATION: Southeast of SW Oak Street, east of SW 95th, north of Highway 217. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.12(2), 2.1.11 6.1.1, 8.1.1 and 12.2.3; Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. Continued to next page... COUNCIL AGENDA - OCTOBER 22, 1996 - PAGE 4 ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming, family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Motion Directing Staff to Return November 12, 1996 with a Final Order (Ordinance at Final Order for Approval or Resolution at Final Order for Denial of Applicant's Request) S. COUNCIL CONSIDERATION: GOAL 5 WETLANDS - AMEND WORK PROGRAM BY REPLACING THE ECONOMIC, SOCIAL, ENVIRONMENTAL (ESEE) APPROACH WITH THE "SAFE HARBOR" PLANNING ALTERNATIVE AVAILABLE UNDER THE NEW GOAL 5 ADMINISTRATIVE RULES. a. Staff Report: Community Development Department b. Council Consideration: Motion to Amend the Work Program 9. NON-AGENDA ITEMS 10. CONTINUE EXECUTIVE SESSION (if necessary): The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), 8t (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11. ADJOURNMENT is\adm\cath}\cca\9610:2p.doc COUNCIL AGENDA - OCTOBER 22, 1996 - PAGE 5 AGENDA ITEM FOR AGENDA OF:October 22. 1926 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUINIINIARY ISSUE/AGENDA TITLE: TORLAND COURT PUBLIC R.O.W./UTILITY EASEMENT VACATION 1. Vacation of approximately 4.431 square feet of public right-of-way on Southwest Torlamd Court and, 8-foot-mvide utilitv easement along the south boundalZi of Lot 3 and the north boundary of Lot 4. PR,EP,kREDBY:—William D'Andre DEPT HEAD OK CITY ADMIN OK L414'r—'_ ISSUE BEFORE THE COU NICIL Should the City Council vacate approximately 4,43)1 square feet of public right-of-wav on SW Torland Court and the majority of an 8-foot-wide public utility easement along the south boundary of Lot 3 and the north boundary of Lot 4? STAFF RECOININIENDATIQN It is recommended that Council approve the vacation as requested. INFOkNIATION SUNIINTIARY Council initiated this vacation at a public meeting held on August 27, 1996 (Res. 96-49). Tom Kenyon and Laura Martin are requesting that the City Council vacate approximately 4,43)1 square feet of public right-of-wav on SW Torland Court. Southwest Torland Court was created with the recording of Torland Estates Subdivision (SUB 91-0016) on September 3)0. 1994 and stubs at the property line of tax lot 6200, owned by the applicants. Tax lot 6200 was created with the recording of a two lot partition plat (MLP 94-0000 on May 10, 1994. The partition was approved without requiring extension of SW Torland Court because at the time of the partition application, the subdivision had been in an approved status, but un-built. since 1991. No action had been taken to record the subdivision. Mr. Kenyon constructed a single-familv detached residence on tax lot 6200. The applicants desire to partition tax lot 6200 to create an additional two lots. City codes require the extension and/or provision of a turnaround for SW Torland Court. A turnaround would render the proposed partition unfeasible given the location of the residence and code standards rela,:ng to public street widths. Southwest Torland Court was originally extended to provide the potential to connect to other streets. Given the surrounding development patterns and the applicants desire to partition, the applicant contends that extension of SW Torland Street is not necessary. The applicant requests that approximately =1.431 square feet of SW Torland Court be vacated because the public right-of-wav is no lonaer needed. The 8-foot-wide utility easements were provided with the recording of the Torland Estates subdivision plat. The applicant requests that portions of an 8-foot-wide public utility easement along the south boundary of Lot 3 and the north boundary of Lot 4 be vacated since these easements are no longer needed. An 8-foot easement along the cast boundary of the area being vacated will be reserved. Attachments: Exhibit A - (site plan) Exhibit B 1-3 - (legal description) Exhibit C - (vicinity map) iscirvwi&sumwactorilsum Paae I of 2 10,09/96 9:58 ANI OTHER ALIERINAII VES CONSIDERED 1. Approve the vacation. Deny the vacation request. 3. Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. i:`1c;rywide\sum\vactor12.sum Pa2e 2 of 2 10,M96 9:58 ANI CITY OF TIGARD,OREGON ORDINANCE NO. 96- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 41431 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SOUTHWEST TORLAND COURT, ALSO TOGETHER WITH AN 8-FOOT-WIDE UTILITY EASEMENT ALONG THE SOUTH BOUNDARY OF LOT 3 AND THE NORTH BOUNDARY OF LOT 4, 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 on August 27th, 1996; and - * WHEREAS, the right-of way Tfor{SW Torland Courthad been dedicated to the'publ'c"'with iie , recordu;g of Torland Estates Subdivision on September 30 1994, and= � T ��MAV >r .fes-aTr..^.ire ..., _ A .w,czes,Kiwx.lWW.we' flitt.R>..av � Frame dY 1LN'i �Pyh�;rEtwa. .k +mw .*-� m�wJaw .r✓^tor.Te wvH+sxss.o •a, ru.wA' 's +r.' `;�:. r "� ��!'� .* -*% ._" ., `-"- *...�x� '�> x'k»,2`ia-- " +..2, %?r';6 # r a ?;,-' ':er u' * ��'Y +s 3v h•" VVIIEREAS,the easement is a dedicated easement,�giving rights over the land for utilities;and _ = k h°K.a i -'' . ."' "4 s ,, *r.q=.�;,a..ra-mss ,.. „... .,.�",: rad"."a ,CWz.,~. "Svr ,a, w.w e5+, "'��' L w$+w✓ °"i? §:.:.: WHEREAS,the utility easements are no longer necessary,and s fift e. WHEREAS,Southwest Torland Court stubs at the property line oftax lot 6200; and3 � .` WHEREAS,the property,owners of tax lot 6200(created with the recording of a finalpartitionplat _ < (MLP.,94-0005) on May.10, 1994) desire to partition tax lot 6200 to create an additional two lotsiv , �. , an ' , 5y t WHEREAS, City codes requires the extension and/or provision of a turnaround for SW Torland Court; and _ ry. WHEREAS,such an improvement would render the proposed partition not feasible; and =' WHEREAS,the applicant contends that extension of SW Torland Street is not necessary given the surrounding development patterns; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have no objections; and -.. WHEREAS,Tualatin Valley Fire and Rescue requires the provision of an easement for emergency vehicle turnaround purposes; and ORDINANCE No.96- iAcitywid6ordlvactod1ord (Will D.)1010$1964:19 PM Page 1 of 3 NVHEREAS, Northwest Natural Gas has facilities located within the proposed vacation area that will require the granting of an easement protecting the facility for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities: and WHEREAS, PGE requires the provision of easements for PGE underground facilities; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the Citv Council having considered the request on October 22nd, 1996, finds that it is in the public interest to approve the request to vacate said public right-of-way and portions of a utility easement as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TN1C Section 15.08.130, and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emerQencv vehicles shall be provided within the vacation area. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION l: The Tigard City Council hereby orders the vacation of said approximately 4,-131 square feet of public right-of-way, also together with an 8-foot-wide public utility easement along the south boundary of Lot 3 and the north boundary of Lot 4, reserving an 8-foot-wide easement along the east boundary of the area being vacated, as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the followine condition: 1. A utility easement shall be provided within the vacation area. 2. An access easement for emergency vehicles shall be provided within the vacation area. ORDINANCE No. 96- i:�.citywide\ord\vactorl1ord (Will D.)10/03i964:19 P-f Page 2 of 3 SECTION 3: This ordinance shall be effective 30 days aper its passage by the Council. approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1996. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No.96- i:tcitywidc�ordlvactorl2ord (Will D.)10/03/96 3:19 Plat Page 3 of 3 EMBIT r � r C , r � � s40'��•2�_ i , J vaCaTc R =f 17.CO* t d' UTIUTY , j R = 17.00' ! s EASEMCNT t3 _ 94"_5'�S c 13* i L = 30.33' L6.70* ty �! C9 = -s 30'29' Cay- S 10'55*20w S39'So'38`t 64.30' / 1 R _ 44.00'23'4 t vC0'3Q'S3"w `� C = 13.06' t' AREA TO BE L = 18.19' &W.TARU ND VACATED CS = S I T22'?s-w _ l� STREET �` tom—: ` � , ...r"„"' •i--�,_ .�.. 3' UTiL:TY ( r i C HOOSE t I L - 47..&46' i � ! ! C3 = 533'..2_*3_2 'c ! t # I1 3' UTILITY C C LAND SURV,YCR ! ;iSZ.MEVT C C :N C t: .. :'��• otic 3c � , -�:.: c3 `J :r7 Scu,mw£3T r 0REGvtV iLir f ( L�t�N.�RD A. <YO:_; I ! TO,R L A N 0 E STA 17 City ci Ttccrc. 'Ncs.ningtcn County: Cregcn it - T VA `CCN MAP h - rt.C_i_14�__-_____._n=__`t_,/• � nBUND COIRTJE)C:z: !4 Feb. 19GC FIBUC RIGU-IF WAX Pr.�araa ;7x Rrnais-_=ce Cevelaprnent Pana: (343) 637-:73? MEETVADAnDD lc72 S. w wu►am+_t:a Fcite Crive. wast Unn. Cracon 97068 M141B T T LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Svrvcyor 601 PINEHURST DRIVE, NEWBERG, OREGON 9713*2 (503) 538-5700 FAX 538-9167 LEG.kL DESCRIPTION - Tract Two W.O. NO. 9115 Prepared for Ax-.hur Torland/Ranaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES-, subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the NorthwesL Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 518-inch iron rebar with a yellow plastic cap marled ri "RYDELL PLS 1437" at the Northwest corner of Lot 4 of said "TORLAIND ESTATES", thence North 00* 20' 52" West along the West line of said ESTATES" 35-90 feet; thence North 88' 29' 38" East 82.2S feet; thence on a 44.00 foot radius curve left (long chord bears South 32" 22' 32" East 45.19 feet) an arc distance of 471.46 feet to the North line of Lot 4 of said "TORL-A-ND ESTATES"; thence North 89' 506' 38" West along the North line of said Lot 4 of "TORL-A.NLD ESTATES" 106.23 feet to the True Point ut' Beginning Said parcel containing 3312 square feet. 0 ALSO TOGETHER WITH the 8.00 foot wide utility easement along the Nur-.h boundary of said Lot 4. RESEM,"I NNG an 8.00 foot wide utility easement along the East boundary of said tract 0 being vacated including its extension into Lot 4 of said '"TORLAND ESTATES". N A L PLANNED DEVELOPMENTS • RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS 9 SOLAR-CONSERVATION HOMES l � EXI41 B TNT B -2 LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEG-k.L DESCRIPTION - Tract One W.0. No. J115 Prepared for Arthur Toriand/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAIND ESTATES", :L subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Raeord6, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Nurthwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORL-VND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Southwest corner of Lot 3 of said "TORLAND ESTATES", thence South 89° 56' 38" East 69.80 feet along the South tine of said Lot 3 to a to a 5/8-inch iron rebar; thence on a 17.00 foot radius curve left (long chord bears North 44° 50' 29" East 24.13 feet) an arc distance of 26.83 feet; thence South 00° 221' 23" East 4.67 feet; thence on a 17.00 foot radius curve right (long chord bears South 10° 55' 20" West 6.66 feet) an arc distance of 6.70 feet; thence on a 44.00 foot radius curve left (long chord bears South 10° 23' 18" West 18.06 feet) an arc distance of 18.19 feet; thence South 88° 29' uS" West 8 2.2S feet to the West boundary of the plat of said "TORLA D ESTATES"; thence North 000 20' 52" West along the West boundary of the plat of said "TORL-A-N-D ESTATES" 1-x.10 feet to the True Point of Be,innin- Said parcel containing 1,119 square feet. AL O TOGETHER WITH the 8.00 foot wide public utility easement along the Souch boundary of said Lot 3. RESERI,�TNG an 8.00 foot wide public utility easement along the East boundary of said tract being vacated. r 4{ y "' 77' . :ii7 PLf.NNED DEVELOPMENTS • RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS • SOLAR-CONSERVATION HOMES EXHIBIT B -3 ! f t � t 1 SOO'22'23-E ' J,,4.67- € { � POINT CF VACATE } 1 1 3ECINNING a' UTILITY ...G = 90'05'45 i R = 17.00'1 ! TRACT ONE EASEMENT C = 24.=3' I 0 = 22'35'25" ! C - 6.56' L 26.33' * � i C9 N4a:0'29" L - 8.70` `, { CB - .SIO'55*20 ..__ __ _"W'--_ _ C, \\\ S99'56'3$'E 69.90' I IvCO'20.52-W R = 44.00' �� •+.—_ .. =j-10• SO. �4 TRACT ONE I' A = 23'11.29" __.!____ NaW29'3$"E 82»28' t L = 1$.10 W.J . . ' TO RLj—".!'i i _ l CB = St0`22188-W N0C'"0'52-W TRACT TWC3 ,� i 3.5.90--ESI t 7s STREET. 1 N$4'S6'33�W 106.23' ?DINT OF ��.. BEGINNING TRACT TWO . .. VACATE r } } R - 14.04' 9' UTILITY -- } Ea5E1tE`!T } ! C - 45.14' HOUSE } } L _ 47.46' } } C3 = S32'22'3Z E } } REGISTERED RESERVE ! ! PR0FESSIONAL A s• Ur;UTr ( { LANO SURVEYOR Ear4Er+T } I t /W-� Ov` NQTES: i 1 1. TRACT ONE TO BE SOUTHWEST • ! 1 QREL,O VACATED TO LCT 3 2. TRACT T'.v0 TO 3E C:RN ER { 1 :E.°'EMOCA X. 1,177 VACAT=O TO LOT i TCRLArIQ =STATES ( i LEE' NARJ A. RYDE'_.L 1 ,77 f I t��+t!1,''lNO t5 IA i_S . Cj.y of Tsgcr . Wcshington County. Oregon - - } -TRc- VAC.�TlON Mr,P °� �•aiE� SY: 1 .� L=CNARO A. R":ELL. PE. '1,'L„ Wi'i. i» -- 40' Date: 114r Feb. 90 DrviVlt[�y+ (�/ 601 1,aincY.utst I t N+wt•er=3. t)rtg•>n . _ 471 Rreper?c For Reneis_ance Oevel0pment Phone: (503) 657-57s Ph.)ne: ie 7? S. W. rnvicrmette 7zlis Drive. 'Hest Linn. Crecon 9%C68 W.0. No. •a- 'f V � I� e r-It was • �s .. ...� 1 ^ ! w -r. cl�l x4 � .... ti� � d ♦s 1 LU S M '` ~ • if . �} Z ♦�!$ O M p A 3:OM F J 2 4A is � 1 = Q • Sl Sot = �� VICINITY CASE NO. Toluimil CURT EXHIBIT MAP PlBUCSONT-4 � r�IRue RlsaTal~wAY STREET VACATION fi�xx}} xx(( a,. t f t ! —7 i � t ( � t 500'2x23",. ; � t I VACATE R = 17.00' ( 3.07'1 t 8' UTILITY a = 40'25'45" 1 R = 17.00' CASEMENT C _ 24.13' ! & = 23'35'35 t L = 26.33' C _ 6.66' j C9 — N4-'50`29"" L 6.70' . C3 = 510'55'20"w ._ r _ _ _ _ - SST56'38'E 69.80' R -! 44.00' L \�`"�!► NQO'20'S2"W C = 13.06' AREATO DE - L = 18.19' S.w.TORUND VACATED cs = 510'22'irw �fec zu sx"N \ STREET t I R = 44.00' 8' UTILTY �.._:.__ I t C = 6rss•t t' EASEMENT ( ; C — s5.19' NOOSE ( ( L47.46' I ( 1 CS-= S32722'32"E j FFR CE3 ISTERRESE�vE I t LZONAL L8' UTILITYSURVEYQrr EASEMENT ( ! t j .• NOTES- 1. TRACT` 014E 10 8E tt O R E u�"� VACATED TO LCIr 3 CORNER EST Ot i _E?rzm . i•:" 2. TRACT -rWO TO BE CORNER t£� U( _ VACATED TO LOT 4 ; 'tORI.ANO ESTATES' f LEONARD A. t^CY =_"i 1 137 t TORLAND ESTATES City of 'iFigara, 'Ncshington County. Oregon STREET VACATION MAP TOR1AND UNIT S�cle: t" = YO' [Dcte: i4 Feb. 19x5 Drown> .�t�►�- PDDUCD16NT-oF-WAY Preparea For Renaissance Devefopment Phone: (503) 657-573 STREET VACATIIN 1672 S. W Willamette Falls Drive. West Linn. Oregon 97068 LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEGAL DESCRIPTION - Tract Two W.0. No. 9115 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of' the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Northwest comer of Lot 4 of said "TORLAND ESTATES", thence North 00' 20' 52" West along the West line of said "TORLAND ESTATES" 35.90 feet; thence North 880 29' 38" East 82.28 feet; thence on a 44.00 foot radius curve left (long chord bears South 32' 22' 132" East 45.19 feet) an arc distance of 47.46 feet to the North line of Lot 4 of said "TORLAND ESTATES"; thence North 89' 56' 38" West along the North line of said Lot 4 of "TORLAND ESTATES" 106.23 feet to the True Point of' Beginning. Said parcel containing 3312 square feet. 0 ALSO TOGETHER WITH the 8.00 foot wide utility easement along the North boundary of said Lot 4. RESERVING an 8.00 foot wide utility easement along the East boundary of said tract e� being vacated including its extension into Lot 4 of said "TORLAND ESTATES". N A L OR r t;0 14 li E t;0 X Te PLANNED DEVELOPMENTS RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS * SOLAR-CONSERVATION HOMES EX141BIT LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEGAL DESCRIPTION - Tract One W.O. No. 911.13 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", ;t subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of"TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Southwest comer of Lot 3 of said rORLAND ESTATES", thence South 89' 56' 38" East 69.80 feet along the South line of said Lot 3 to a to a 5/8-inch iron rebar; thence on a 17.00 foot radius curve left (long chord bears North 44' 50' 29" East 24.13 feet) an arc distance of 26.83 feet; thence South 00' 22' 23" East 4.67 feet; thence on a 17.00 root radius curve right (long chord bears South 10' 55' 20" West 6.66 feet) an are distance of 6.70 feet; thence on a 44.00 foot radius curve left (long chord bears South 100 22' 18" West 18.06 feet) an arc distance of 18.19 feet; thence South 88' 29' 38" West 82.28 feet to the West boundary of the plat of said "TORLAND ESTATES"; thence North 00' 20' 52" West along the West boundary ot' the plat of said "TORLAND ESTATES" 14.10 feet to the True Point of Beginning. Said parcel containing 1,119 square feet. ALSO TOGETHER WITH the 8.00 foot wide public utility easement along the South boundary of said Lot 3. RESERVING an 8.00 foot wide public utility easement along the East boundary of said tract being vacated. P R 0 L t*A ,,,,'D S JJ Z V QRfGCtI lf it sri-T. ;0. 1377 .qARD A. 14 PLANNED DEVELOPMENTS RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS * SOLAR-CONSERVATION HOMES B l LLJ LJ f f I . 3 Vi f - I 500'22'23"E I I 4.67' I POINT OF VACATE R = 17.00' I I BEGINNING 8' UTIUTY.-A = 90'25'45 I R = 17.00' I - TRACT ONE EASEMENT C = 24.13` l n = 22735'25" I ---_L._-26.83 C s-6SIO _-_..-- _. - - L C8 '- N44'S0'29* � L - 6.70' CB - .510'55'0�'- _ �. 589'56'38"E 69.80' NOO'20'52'W 1,118.74 f R = 44*41 �' - 14.10' So, FT. TRACT ONES- n 8.06'2x" N88729'38"E 82.28' '1 L = 18.109' S .W. - T 0 R orf-�-, " _ _ _ CB = s1o•22'1a'�w 35.901- 3STREET NCO2-9 � .311.74 TRACT TWO � � � S T R E E T SO. FT. 1 POINT OF N89'S6'3rW 106.231' \\ BEGINNING ��` - -------- - TRACT TWO - - - - I VACATE { l R 44.00' = -. 8' UTILITY I I n 61'48'11' = C EASEMENT HOUSE I L =47.a6'.46' I = ! f CB = S32'22'327E REGISTERED LF RESERVE ( I PROFESSIONAL 4 8' UTILITY I 1 5 LAND SURVEYOR EASEMENT I I NOTES: 1. TRACT ONE TO BE SOUTHWEST I I OREGON VACATED TO LOT 3 CORNER ! ( SEPTEMBER %. rt'� 2. TRACT Two TO BE 'TORLAND ESTATES" I I LEONARD A. RYDELL VACATED TO LOT 4 I I 1437 OP I RENEWAL DATE i_'f-1 r'•,. TORLAND ESTATES City of Tigard, Washington County. Oregon STREET VACATION MAP PREPARED BY: LEONARD A. RYDELL. PE. PL':. Scale: 1" — 40' Date: 14 Feb. 1995 Drown ... t� 601 Pinehurst DriY- _ G N?wber•]. Oregon - 97132 Prepareu For Renaissance Development Phone: {503} 657-573 Ph.)ne: .{°,+1�} ,•38-5701) _ 1672 S. W. Willamette Falls Drive. West Linn. Oregon 97068 W.O. No. 91 F :•• •Ad wl s t a 44,494 Qlt� �f N •, M ` • X. ♦sN s A � (� 6 � � i C � N s -�o» 3 0 1 w • i W tt '�r� o� t. 4,• 4 0 •1 ) a[ . X••xa O L ►- it Itjis ac C r 20 •1 t7 (qV_ or e %A ( J nbt,3 11tyy/// * ` •t'N N �� tl'N• >.M,Xt.•i W 'Qi t•t•a ass 4, waw M ani 84 6 -J�r G - G!aC f A•M ts•tt i1R s•ttX •i cc } I Nf f 11t1 LL s Q Q_ts �- a z m A8 �QQj tt S pQst 8Y 8Y i 112% � ti N� NeX 1M •a�lxiw�i�r.ir i r� ar �. )•X.�rr•Ai � � �' � filJj' 'ILI J U VICINITY CASE NO. TIRD CURT EXHIBIT MAP m FORM R GNT-OF-WAY STREET VACATION City of Mart Oregn AFFIDAVIT OF MAILING STATE OF OREGON County of Washington )ss. City of Tigard 1, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist 11 for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED EI) PUBLIC-HEARING FOR: (Chock bat abovo,it (check appropriate Wx bei) (Enter'PubW Hearing Date above) 0 City of Tigard Planning Director 0 Tigard Planning Commission Tigard Hearings Officer Tigard City Council ❑ That I served NOTICE OF (AMENDED 0) DECISION FOR: City of Tigard Planning Director F1 That I served NOTICE OF (AMENDED [1) FINAL ORDER FOR: CO-cit bot above,V applicablo) idoea appropriate boot below) 0 City of Tigard Planning Director 0 Tigard Planning Commission 0 Tigard Hearings Officer 0 Tigard City Council I [] That I served OTHER NOTICE OF FOR: — A copy of the PUBLIC HEARING NOTICEMOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(-- of whic'�iisat ached, marked Exhibit "A" was iya�d to each nwped per4on(s) at the address(s) shown on tiattac, 1, ed Ii t(s marked E da f on 99Z and deposit. in the Uni State e d .'i-of z,-4144tr� 1997� postage prepaid. Pr Notice Subscribed and swom/affirmed before me on the day of _ " ' 19 OFFICIAL SEAL DIANE M JELDERKS ry NOTARY PUBLIC-OREGON COMMISSION NO.046142 'OOREGON L COMMISSION EXPIRES SEPTEMBER 07,1999 NOTARY PUBLIC F My Commission Exor6s: 2�7FILE INFO.: NAME(S):TT AlvD attar pu&jc k,0,10- Va ca CASE NO.(S): Oily a.5 a 4n"'O TYPE OF NOTICE&DATE: 11 l d CITY OF TIGARD PUBLIC HEARING NOTICE (STREET VACATION OF PUBLIC RIGHT-OF-WAS') NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, OCTOBER 22, 1996 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION APPLICANT: Tom Kenyon and Laura Martin Nostalgic Homes, Inc. 11202 SW North Dakota Street Tigard, OR 97223 REQUEST PUBLIC RIGHT-OF-WAY STREET VACATION -TORLAND COURT < A request to vacate approximately 4,431 square feet of public right-of-way on Southwest Torland Court in the City of Tigard. LOCATION: Southwest Torland Court. DATE PETITION WAS FILED: July 24, 1996. (SEE MAP ON REVERSE SIDE OF THIS NOTICE) ANY WRITTEN OBJECTIONS OR REMONSTRANCE'S SHALL BE FILED WITH THE CITY RECORDER BY OCTOBER 22, 1996 BY 7:30 P.M. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE (25) CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE (25) CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER WILLIAM D'ANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:lpattyldocs\torla.mst NOTICE OF 10/22/96 CITY COUNCIL PUBLIC HEARING 1 � •I• • � j l I 1 . tom. I eat = I --7 { t Sol?. i E r•2 � I VACATE R = 17.00` 1 8' UTILITYis = 9(72545- I R = 17.00' ! EASEmENT C _ j A = 22'35''25" 24.13' C = 6.60` l L - 26.33' L - 6.70' 1—— C8 N '29 ca = S 10`55'20 — _„ —50 -w —_ _ _ _ 589'56`38"E 64.80' I .v00'2o'52"w R = 44.00' C = 13.06' r ARM TO RE L = la.19' S.IM TORIAND VAUTED CS S1ff22'13"W N _0'52'`N STREET 35.90'— ——————— 15.90' ------- 1 R = 44.00' VACATE -11 = 61'.13'1 t" � 3' UTILITY EASEMENT i 1 C - 45.19* RODSE j j L = 47.46• j 1 CS = S32722.3Z E { I j RECISTEREO RESERVE I 1 PROFESSiONAL a' UTILITY LAND SURVEYOR {► • EASEMENT I I •J NOT } s' 1 I 1 / 'R-c— 4.IE TO 3E SOUTHWEST ! � 1 =OSREEGO�iNER ?. TRACT T'.YO TO 3E IJACA-0 TO W- 3 ORLAND ESTATES' { I LEON,VACAT_3 TO LOT 4 ! Ii i 1 1 City ci itgcra, Ncsrlington County. Oregon STREET VACATICN MAP TORIAND RNNRT S-Caie: 1" = 4.0' Dcte: 14 Feb. 1995 prcwn�.�C - PIBUCRI60T-IILWAY Pr.=fiarea For Renaissance Development Phone: (503) 657-573 STREETVAU71IN 1672 S. W Walcrn,*tte Falls Drive. West Linn. Oregon 97068 Ow � 1`••f " fw 1 • f • • 1 ago w = z ► ws•. n. � C� i •o a fr'.• a C �O p t -3-=A V 4tZ 1 kms--M'S i►O O O ♦ f"�+i 8 lN r r Al �i+t F , f�'r N .fr A f`w .,q.•• r.� 'firff1+t Y ..�. vol es; e; `1 4 , Q �.... do oc n '•" a I Ki am 7-7, 7 �w Nw ly e 4 • tom.�s � s� 1 = •_ ;�c ar tol 7iA� ------ dw to- ju 84 d A.. r VICINITY cAs� No. EXHIBIT MHP ml FIM iGR-e WAY I otl:- 1S134DB-02400 . . . . . . . . . . . . . . . . . . . . . 1S134DB-02500 . . . . . . . . . . . . . SCOTT, SAM R JR. ERMA L SCOTT, SAM R JR. ERMA L 11370 SW NORTH DAKOTA 11370 SW NORTH DAKOTA ,TIGARD OR 97223 TIGARD OR 97223 1S134DB-03100 . . . . . . . . . . . . . . . . . . . . . 1S134DB-03300 . . . . . . . . . . . . . CLARK, MARIE M ESPY, BRENT AND GEORGIA 11140 SW NORTH DAKOTA 11060 SW NORTH DAKOTA TIGARD OR 97223 TIGARD OR 97223 1S134DB-03400 . . . . . . . . . . . . . . . . . . . . . 1S134DB-03700 . . . . . . . . . . . . . ESPY, BRENT E &: GEORGIA L LIVINGSTON, BESSIE E TR 11030 SW NORTH DAKOTA 10970 SW NORTH DOKTA PORTLAND OR 97223 TIGARD OR 97223 1S134DB-05200 . . . . . . . . . . . . . . . . . . . . . 1S134DB-05300 . . . . . . . . . . . . ZEHNTBAUER, JOHN ALAN NIKONOROV, SERGEI A ZEHNTBAUER, SYLVIA ELAINE 11260 SW NORTH DAKOTA 8055 SW FAIRWAY DR TIGARD OR 97223 PORTLAND OR 97225 1S134DB-05400 . . . . . . . . . . . . . . . . . . . . . 1S134DB-06100 . . . . . . . . . . . . . SNIFFER, DEBRA L BROWN, LINDA MCLAGAN & 11280 SW NORTH DAKOTA BROWN, TODD ALLEN TIGARD OR 97223 11230 SW NORTH DAKOTA ST TIGARD OR 97223 1S134DB-06200 . . . . . . . . . . . . . . . . . . . . . KENYON, TOM LAURA MARTI[M 11202 SW NORTH DAKOTA 11202 SW MG M DAKOTA TIGARD OR 97223 TIGARD OR 97223 1S134DB-06400 . . . . . . . . . . . . . . . . . . . . . 1S134DB-06500 . . . . . . . . . . . . . RENAISSANCE DEVELOPMENT CORP CRAWFORD, ROBERT J & KRISTA S 1672 WILLAMETTE FALLS DR 11311 SW 112TH AVE WEST LINN OR 97068 TIGARD OR 97223 1S134DB-06600 1S134DB-07000 . . . . . . . . . . . . . SHOOK, SHARON i SPAICHER, HANS A & ELFRIEDE 436 NW 119TH ST 11147 SW TORLAND ST VANCOUVER WA 98685 TIGARD OR 97223 1S134DB-07100 . . . . . . . . . . . . . . . . . . . . . 1S134DB-07200 . . . . . . . . . . . . CAUFIELD, JOHN R & LESLIE A CORRADO, ANDREW J & KELLY S 11133 SW TORLAN ST 11119 SW TORLAND ST TIGARD OR 97223 TIGARD OR 97223 1S134DC-00400 . . . . . . . . . . . . . . . . . . . . . 1S134DC-00200 . . . . . . . . . . . . . SCHNEIDER, CHARLES A LAI , CHIK CHOR & SING DOLORES S 9360 SE 92ND AVE 11195 SW TIGARD ST PORTLAND OR 97226 TIGARD OR 97223 AGENDA ITEM 4 For Agenda of CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of Vacation Proceedings for approximately 4,431 square feet of public right- of-wav on SW Torland Court PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving approximately 4,43 I square feet of public right-of- way on SW Torland Court? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests. Tom Kenyon and Laura Martin are requesting that the City Council initiate vacation proceedings for approximately 4,431 square feet of public right-of-way on SW Torland Court. Southwest Torland Court was created with the recordin- of Torland Estates Subdivision (SUB 91-0016) on September 30, 1994 and stubs at the property line of tax lot 6200, owned by the applicants. Tax lot 6200 was created with the recording of a final partition plat (MLP 94-0005) on May 10, 1994. The partition was approved without requiring extension of SW Torland Court because at the time of the partition application, the subdivision had been sitting in an approved status since 1991. No action had been taken to record the subdivision. Mr. Kenyon constructed a single-family detached residence on the parcel. The applicants desire to partition tax lot 6200 to create an additional two lots. City codes require the extension and/or provision of a turnaround for SW Torland Court. Such an improvement would render the proposed partition unfeasible given the location of the residence and code standards relating to public street widths. Southwest Torland Court was originally extended to provide the potential to connect to other streets. Given the surrounding development patterns and the applicants desire to partition, the applicant contends that extension of SW Torland Street is not necessary. The applicant requests that approximately 4,431 square feet of SW Torland Court be vacated as this public right-of-way is no longer needed. The proposed lots to be created on lot 6200 would be served by a driveway that connects to SW Torland Street. This driveway would be contained within the area proposed to be vacated. Necessary easements would have to be secured from the property owners of lots 3 and 4 for such a driveway to be allowed. Appropriate agencies shall be contacted for comments,prior to developing a report for Council consideration. Attachments: Exhibit A-(site plan) Exhibit B -(vicinity map) i:'cimvide\sumtvactorl.sum Page I of-2 08/08/96 12:04 PM OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NQTES All fees have been paid by the applicant. 0cityw'sde\sumlvactor2.sum Pace'of 3 08/08/96 12:04 PM CITY OF TIGARD, OREGON RESOLUTION NO.96-t__ A RESOLUTION CONCERNING THE VACATION OF APPROXIMATELY 4,431 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW TORLAND COURT. WHEREAS, the right-of-way for SW Torland Court had been dedicated to the public (Book 90, Pages 50, 51); and, WHEREAS, Southwest Torland Court stubs at the property line of tax lot 6200; and, WHEREAS, the propety owners of tax lot 6200, created with the recording of a final partition plat(MLP 94-0005) on May 10, 1994, desire to partition tax lot 6200 to create an additional two lots. WHEREAS,City codes require the extension and/or provision of a turnaround for SW Torland Court, and, WHEREAS, such an improvement would render the proposed partition infeasible-, and, WHEREAS, the applicant contends that extension of SW Torland Street is not necessary given the surrounding development patterns;and, WHEREAS,the approximately 4,43)I square feet of public right-of-way is no longer necessary-, and, WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of approximately 4,431 square feet of public right-of-way on SW Torland Court, as more particularly described in Exhibit "B". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, October 221 1996, at 7:310 p.m. at Tigard City Hall, 13I25 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the propsosed vacating of said public right-of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on October 3, 1996 and the final publication to be on October 10, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference, made a part hereof. RESOLUTION NO.96-___ Page I of 2 i:1,cityivide\rcs\vactor1Jnt 08/08/96 12:04 PM PASSED: This-day of 1996. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.96-- Pa,,e 2 of 2 i:lcity%vide\res\vaetorlAnt 08/08196 12:04 PM EXHIBIT A 1 i � �l I C� 1 - - - - - - - - , LJ f 1 1 1 1! soo'22'2�•: , I VACATE R = 17.00' 1 8' UTILITY = 80.25 45" I R = 17.00' 1 EASEMENT C _ 24.13' I — 22'35'25" I f L = 26.33' C 6.66' — N44'50'29 L 6.70' CS CS = S 10'55'20"w •- S89'56'38'E 69.80' I \- N00'20'52"W \ R = 44.00' `' ;�-�► -.►-- t-t.t0, ` 41 = 23'.&1'29'. C8 = S10'22'19"W N00'2J'52''N T E E 7 `� 35.90.. I I R = 44.00' VACATE _� V' UTiU I 1 1 - �ASEMENT 1 1 ! C -- 45.19' HOUSE } I L - 47.46' i 1 I ` ! STE4E0 RESE.'tE I 1 FRE�l GSSIONAL 8' UTILITY ! D SURV-yr)R t EASEMENT I I Nate• 1 � t t. TRACT ONE TO 9E I SOUTHWEST ► M I OREGON-- VAt;,,lTLD TO LOT 3 �3 , t;'- _'.. TRACT TWO TO 8E CORNER A. RYDE:— VACATED To LOT s E "TORLANO ESTATES" ! ► LEONA�RrJ 1 i 1437 t RENEWAL C)ATE TCRLAND E;37A i 7S City ci Tigcrd, Wcshington County. Oregon STREET VACATION M,�i- PRE'PARED 6�t: J L ".NARD A, �.t.Glie: 1' — +O' Acte: 14- Feb. 1995T()rcwn Pr-ipareo For Renaissance Development Phone: (503) 057-573 Phone' 1672 S. W Willamette Falls Drive, West Linn, Oregon 97068 W.0, Nu. -- EXHIBIT B i•..i 4 4 s: s Aw rna vIQ ..t. I• 1 q a at Air— C) .Q Y -4Te— • i N'1 v) • o Won -37:A V t 1<� lV1'S :! •'•• 0 .64 u \I• O — O N O � ��ell � � V S � vp 1 ..M a1:.. W z IC ♦ N el 1.. 1t.M .tN.N CIA$ o r f • 8Y V 1 :: N 1_ . V 81y acv ac'N Na. w. LL .......o. !I Q;@ OC a► _Y =; O Y wL ..cimr a�.na a.. O► �sw 0 ! 2 2 .9b J!1 lDl 2 -!Th I - VICINITY cAs� No. EXHIBIT MAP M L) u�- I9,07 --9 CITY OF TIGA-RD REQUEST FOR COMMENTS DATE: August 31. 1996 TO: Tualatin Valley Fire & Rescue FROM: City of Tigard Planning Department STAFF CONTACT: William DAndrea (x315. Phone:(503)639-4171 Fax:(603)684-7297 RE: > PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Todand Court. LOCATION: Southwest Todand Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY SEPTEMBER 9, 1996 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond W the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: T Ca 7 1-?, t VAe--A'riOA-) wv A Y,r-s P© t-t jA -A T L) P I- To 03 1& V-1-b 0 03 0 D aeo Fativ 5Trz C- F—:- TtA 15 pvry t 10 VJ 0 TD r,- L- Adin IS-to 1— 0 Trt 1= rl- V-ni- A tJ, ac;- L-I 1 124 In (f--rMi&t&f0ff0UiVhafcrmarrun) Name of Pemon(s)Commenting: t G Phone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\pattyNdocs\tor1a.mst CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31. 1996 TO: Brian Raaer, Development Review Engineer FROM: City of Tigard Planning Department STAFF CO CT: William D'And a NM Phone: (503) 39-4171 Fax: (503)6 297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: L.-�� We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tkasepmvtdethefoffou,inginformation) Name of Person(s)Commenting: > Phone Number(s): k6t) TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:kpatty\docsktor1a,mst NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209-3991 (503) 226-4211 September 11, 1996 William D'Andrea City of Tigard Planning Department 13125 SW Hall Boulevard Tigard OR 97223 RE: Vacate a portion of Torland Court Please be advised that Northwest Natural Gas Company does have facilities within the proposed vacation area. We ask that wording be included in the final vacation providing us an easement protecting our facilities for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Kay Stanley EX. 4338 Engineering Department cc: Vacation File enclosures Plat: A-42-18 ID Number 960246 --11'� i 1315' #11375 r� C � #11370 #11310 14' �-- (77) 550' I �I� 3500' O-P �N N w R87 946' /b 1� #11260 N-_-252' m A O 00 o_ N o-4369-'28 W #11240 .A m #11202 (95)30 .I 5 0 (94) �I 506' Z 1, - (P)I _7_78----------- #11225 #111 80 708' rn #11170 (89) 332' " - - /�� 2"(P)'94 L w #11156 (95) 4,' # S.W. 112TH AVE. _ I � Lw 11147 N 54' (95) D 64' P) 77 #111242 CO OI (95) ^ O _115' Z7 rQ r- #11133 Op) a D 129' (95) #11102 (95) C/) #11119 R(P)-92 188' 2' (95) R PD89 (P) 191' P o, #11100 -457T 450 R-'93 :2 567' 194' #11065 7 I -372' #11065 (93) Z� R(P)'92 116' #11060 R(P),89 CF- --3 26' - 0 332' _ o7 �N � 7t o z ?� y 4' s �arr N #11030 A 153' #10920 o w ao N iv 95' 191 tO 6; N � w� DOREEN f w S.W. 109TH 4 P N #(91) S.W. 108TH ,35 7 L w #10875 ^ 1 r •� t t t I t � I l � I -7 J I I 1 500'22.2 _ 1 r I I VACATE R = 17.00* 1 4.6f t �� t d' UTIUTY A = 9(725'45' I R = 17.00' 1 EASEMENT C = 24.13' 1 & = 22 35'35 t ` L = 26.33' C _ 6.66' CS = N44.50'29--1 L - 6.70' 1--_-----_ -- ca = S10'S5'30'w SaTS6'3t3"E 69.80' 1 r N. N00'20'S3"w R = 44.00' 14.10. = 2.3.41':9" 'LI C = 13.06' AREA TO BE L = 18.19' S.W.TORLAND ! VACATED ca = S10-22*19-w _ _ STREET 3 .90' VACAi s 1 1 R = 44.00' : 3' UnUTY ------- ► 1 C = 6 45.1-19' 5 11- I EASEMENT 1 1 C = NOOSE 1 t L = 47.46' i I 1 C8 = S32 22'32 E j 1 REGISTERED I RESERVE t t PROFESSiONAL It LAND SURVEYC:R 8' L'TiLtT`t 1 i EASEMENT I I NOT;4z c:.iTE NE TO aE � SOUTHWEST t ( I LOT. 3 CORNER OREGON _ 2. TRACE �a/0 TO SE TORLANO ESTATET ! LEONARD A. RYDE__ VACATE:) TO LOT s i I / 1 1 1sS7 t 1 I Tt'N,RLArND CS A7---S City ci Tigcrc, Wcshington County. Oregon STREET VAC.:TICN MAR- TORLANDCADBT :,ccie: 1" Dcte: 14 Feb. 1995 Drcwn POBUC6166T-OILWAY rr+_pare¢ For Renaisscnce Deve3opment Phone: (503) 657-573-9 SUEET VACATION 1672 S. W Willemette Fclt_ Drive. West Linn. Oregon 97068 Y r. + Y 3 ~ MVI Q T.1.1[J• • O M1i� � O N O O\ o _ o [4'0� w •rcn . �tl 3:Ad WZtkc- MS- S Q \ •o o O o � fJ AW n - V F \ Z�n .a... \ Y L.•�1ei.•e r e. 14 \moo c �." « r �� +• ..N N + _ W"a `\ z so «, Qr - � a • 4 ..� ",. .i. LL[ ._ i =s oo 11% fog awor sem.ar r =.�w Y 1 Z _ SL Fill � U VICINITY CASE No. TIRIAD COM EXHIBIT MAP � POBIUC RIGU-I WAY STREETUCATIO SEP 12 '96 08:05AM NWNGAS ENGINEERING P.1 NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209.3991 (503)126-4211 Posvit•Fax Note 7671 Date — Z_ #9�► Ta 0, From .Tft Co. (i Ain- Phone# Phone# Fav# g _ 2-11- Fax# 2 $2.-z- September 11, 1996 William D'Andrea City of Tigard Planning Department 13125 SW Hall Boulevard Tigard OR 97223 RE: Vacate a portion of Torland Court Please be advised that Northwest Natural Gas Company does have facilities within the proposed vacation area. We ask that word mi be included in the final vacation providing us an easement protecting our facilities for right of access, repair,and/or replacement,and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Kay Stanley EX. 4338 Engineering Department cc: Vacation Fle enclosures Plat: A-42-18 ID Number 960246 SEP 12 '96 08.05AM NWNGAS ENGINEERING P.2 14 1 u x. N 1t� I �k+ 116' II 11 X ' II. _ sq: t' R2" P 'BB � S. W.T� NORTR-- — J DAKOTA I '-F' — ST. e' S l0. AllTT fa 8a' !1 112.5 = ��' I I 195) 94' �. ;... (w) I I This plat is b Or wod for lnb"wt W I purposmany. of t 1267 Ln our tldpoft.. I I �95) N i 9EFOf1�� I I 2 Ias. t 19' e a 10 �". 9464/ 232 CIO A1 Co. COIY[lltll8 .A mftc ev peowl�)4866M IM 27C' i ) ;, rp 282' i i 4� H^ Sala+N►1t /E ArmAklooln CIV g (P) r \ TN!Caam,tow 332�2M op plans TORIAND w S.W TORLAND ST. NeiRhWest CUM Ca. CT 2`(P)'94 Aitn: RA VUC*A 060f rdw, E �Nq Dept aZO N.W. Aw. �i i$ pofdwwl l7��10a1 �r it g_ z �- PAeae p 1:�s��t,Eldssist TORLA D ES 7 4 TES • 6 17 5 8 7 8 �) 8' P.U.E. ALONG FRONT LOT LINES. ;a =W� r �r� '" s$ 260' J 11489 11485 =deo a '90) it 4 p .1 P 9 f6 f 187' 4 179 (P 11514� �90 1 P Plat: 1-042--018 1a lg Legal: T01S R01W -34SE (p) 114' SEP 12 '96 08:05AM NWNGAS ENGINEERING P.1 NORTHWEST NATURAL CCAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209.3991 (503)226-4211 Post-it*Fax Note 7671 -- Z_ g�►," To 0, From !;q , cc' Phone# Phone# 2-2-ts—'4%41 Fax# , _ Z`i • , Fax# . , -q 5 „,4 q,2.Z— September 11, 1996 William D'Andrea City of Tigard Planning Department 13125 SW Hall Boulevard Tigard OR 97223 RE: Vacate a portion of Torland Court Please be advised that Northwest Natural Gas Company does have facilities within the proposed vacation area. We ask that wording be included in the final vacation providing us an easement protecting our facilities for right of access,repair,and/or replacement,and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Kay Stanley EX. 4338 Engineering Department cc: Vacation File enclosures Flat: A-42-18 ID Number 960246 RECEIVED MING so 0 V% CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31. 1996 TO: David Scott. Building Official FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x!U5 Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: (,Pk-,provide thefo&minginfonnation) Name of Person(s)Commenting: Phone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\pafty\docs\torIa,mst RECEIVS) PLANNING CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Kelley Jennings, Tigard Police Dept. Crime Prevention Officer FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: L1\ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (,Pk-epm-d,tfwft&n,4ng infonnation Name of Person(s)Commenting: Phone Number(s): 2 TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\pafty\docs\tor1a.mst RECEIVED KANNIN SEP 91 CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Paul Koft, GTE Engineering FROM: City of Tigard Planning Department STAFF CONTACT: William DAndrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: )0- PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9,,_1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: I(Tk"pm"&tf,fofi wiwty!fomation) Name of Person(s)Commenting: Phone Number(s): 5— _��__ I — 0 _59 - TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\torIa.mst RECEIVED PLAY '113 CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Michael Miller. Operations Water Dept. Manager FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315 Phone: (603)639-4171 Fax: (603)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT < A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: 0 I(PfeasepmvtdetfiefoffamnginfomatiiEin) Name of Person(s)Commenting: 1 Phone Number(s): V *-31?�3- TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\pattyNdocs\torIa.mst RECEIVED PLANNING CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Acting Maintenance Supervisor FROM: City of Tigard Planning Department STAFF CONTACT: William DAndrea (x315 Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW TorlanQ Court. LOCATION: Southwest Torland Court. WY A 0�� Attach(#1 is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: 1(,Pk-"provide tfxfon&u4nginfonnation) Name of Person(s)Commenting: IPhone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\tor1a.mst RECEIVED PLA""'INC' CITY OF TIG RD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Lee Walker, USA/SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315 Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT < A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: uS/A NAS 1.10 og-Tec�7yo6.i-5 1(4)fe-,pm,d&th,foff—j information) Name of Person(s)Commenting: IPhone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\pafty\docs\torIa.mst RECEIVED PIA. ANG SEP 0 519% CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31, 1996 TO: Brian Moore, PGE FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT 4 A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223, 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 provided below: S -Tap- L-T (rnYe-ep-vide tfiefbabuing infomation) Name of Person(s)Commenting: W-kcx� IPhone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\torIa.mst CITY OF TIGARD PROPOSAL DESCRIPTION FILE TITLE: TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION t7ilr( — CAN a =Ti") APPLICANT: Cit Igard OWNER: . 13 Hall Boulevard Ti 97223 (5 171 REQUEST: PUBLIC RIGHT-OF-WAY STREET VACATION ➢ TORLAND COURT Q A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. DATE PETITIONZ q WAS FILED: , 1996 DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 10/22/96 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503)639-4171 x315 TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\torla.mst STREET AND EASEMENT VACATION SCHEDULE PROJECT: (� SCHEDULE OF ACTIVITIES Council packet due to Dick Council packet due to Ed 1 �T ' � - Initiation - Council consent agenda (Res ) � Request for comments (Staff & Utilities) Notification to affected property owners IAd to newspaper 1st publication 1 Post notice on site (5 days aft r SES 2nd publication � N ori Request for comments due r / Packet report due to Dick - 6 Packet due to Ed / Pat Public Hearing City„Council Post Ordinance (Kathy) Send Ordinance for recording Nostalgic Homes, Inc. 11202 SW North Dakota Tigard, Or 97223 Cr,�14 57th City of Tigard Planning Dept 13125 SW Hall Blvd Tigard, Or 97223 June 24, 1996 Gentlemen, this letter is our request that you vacate SW Torland Ct. Attached is a copy of our Engineers Proposal for this vacation. Please review and notify us of your decision regarding this request. Sincerely, Nostalgic Homes I c. Tom Kenyon-Laura Martin I it I = I , � I I � I 3 I cn , I I I � S00'22'23"E X4.67'I I POINT OF VACATE R = 17,00' R = 17.00' BEGINNING 8' UTILITY I = 90'25'45" TRACT ONE EASEMENT C = 24.13' I L 22'35'25" = L = 26.83' C 6.66' = E) L = 6.70' � -- - CB = N44'50'29 �, -- - ---` CB = 510'55'20"W - - - - -- - - - S89'56'38"E 69.80' \ R = 44.00' i►- --- No0'20'52"W 1,118.74TRACT ONE o = 23'41'29" `4--t- - - 1 __-- 14.10' SQ, FT. J C = 18.06' �-- W . T �, �-; � � � N88'29'38"E 82.28' I L = 18.19' ' V Y • T O r? L`` CB = S10'22'18' W _ N00*20'52"W 3311.74 TRACT TWO \ TREE T 35.90'— SQ. FT. N8956'38"W 106.23' BEGINNING POINT O F ��----- - II - - - - --- -- - - l� - - - - - - - TRACT TWO I- - - I R = 44.00' VACATE I L = 61`48'11' r 8' UTILITY I C = 45.19' EASEMENT HOUSE I I L = 47.46' CB = S32'22'32''E I I 7AN ISTERED RESERVE I ESSIONAL 8' UTILITY I SURVEYOR EASEMENT I NOTES: j 1. TRACT ONE TO BE SOUTHWEST OREGO VACATED TO LOT 3 CORNER I I �EPTEMBER 3u, 17-7 2. TRACT TWO TO BE "TORLAND ESTATES" , I LEONARD A. RYDELL VACATED TO LOT 4 I 1437 / I 1 I I RENEWAL DATE DWG. JI15—V-1 : .- TORLAND ESTATES City of Tigard, Washington County, Oregon STREET VACATION MAP PREPARED B'i: LEONARD A RYDELL, PL. F'L_, ,kale: '1 = 40' Date: 14 Feb. 1995 Drawn L� N� t , (-r" t� '� �' N�Wr_.e�-� �)rrqo,, Prepared For Renaissance Development Phone: (503) 657-573 Phone: IE-72 S. W. Willamette Falls Drive, West Linn, Oregon 97068 W.(-). NO. fi N 1 -- --- -- - - - 1— -- -- A -- I . I { W I t I � I 3 V) i 500'22'23"E 4.67' POINT OF VACATER = 17.00' I ' BEGINNING 8' UTILITY R = 7.00'45" I R = 17.00' TRACT ONE EASEMENT C = 24.13' I 0 = 22'35'25" C ----=L26.83 = 6. 0' i CB = N44'50'29�E� L = 6.70' S89'56'38'E 69.80' N00'20'52"W 1,118.74 R = 44.00' -�- 14.10' sQ TRACT ON o = 23.41 29 N88'29'38 E 82.28' '1 L = 18.109' •W. T 0 R Lr,N I) _ _ \ _ CB = 510'22'18"W NO3s090? W 3.311.74 TRACT TWO � STREET SQ. FT. 1 N89'S6'38"W 106.23' \� �z— POINT OF BEGINNING -�� — TRACT TWO — --- -------- — I- VACATE _ { I R = 44.00' 8' UTILITY { I Z� EASEMENTHOUSE i I C = 45.19' L = 47.46' CB = S32.22'32"E I { I REGISTERED RESERVE { I PROFESSIONAL 4 8' UTILITY I LAND SURVEYOR EASEMENT NOTES: 1. TRACT ONE TO BE SOUTHWEST I I O REGON VACATED TO LOT 3 CORNER { I SEPTEMBER 2. TRACT TWO TO BE "TORLAND ESTATES" I I LEOVACATED TO LOT 4 I � I RENEWAL GATE i 2; 31 /96 DWG: 9115-VAC:DW TORLAND ESTATES City of Tigard, Washington County, Oregon i STREET VACATION MAP PREPARED BY: LEONARD A. RYDELL, PE. PL':, 'r.i'i. Scale: 1" = 40' Date: 14 Feb. 199rowniw� N,Wwb01 e 3 r'Oregon ivr 5 Dq.� x,71 ?_ Prepared For Renaissance Development Phone: (503) 657-573 Phone: ('A3) 538-5700 1672 S. W. Willamette Falls Drive, West Linn, Oregon 97068 W.O. NO. '_i4.. I R LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9167 LEGAL DESCRIPTION - Tract Two W.O. No. 9115 Prepared for Arthur Torland/Renaissance Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the Northwest Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of "TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Northwest corner of Lot 4 of said "TORLAND ESTATES", thence North 00° 20' 52" West along the West line of said "TORLAND ESTATES" 35.90 feet; thence North 88° 29' 38" East 82.28 feet; thence on a 44.00 foot radius curve left (long chord bears South 32° 22' 32" East 45.19 feet) an arc distance of 47.46 feet to the North line of Lot 4 of said "TORLAND ESTATES"; thence North 89° 56' 38" West along the North line of said Lot 4 of "TORLAND ESTATES" 106.23 feet to the True Point of Beginning. Said parcel containing 3312 square feet. ALSO TOGETHER WITH the 8.00 foot wide utility easement along the North boundary of said Lot 4. RESERVING an 8.00 foot wide utility easement along the East boundary of said tract being vacated including its extension into Lot 4 of said "TORLAND ESTATES". ACCG`i8�y'GitGE� k AL t� +� L D Sul"tEY off: 5L'PT. ;A0. i'JT% Y 43 4rC EI i� v e::P U w L L s. 14�i y �•, s.r,.u.;u.�.s:.�.:.,:,,.,..,�,rte" PLANNED DEVELOPMENTS r RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS • SOLAR-CONSERVATION HOMES LEONARD A. RYDELL, P.E., P.L.S. Consulting Civil Engineer - Land Surveyor 601 PINEHURST DRIVE, NEWBERG, OREGON 97132 (503) 538-5700 FAX 538-9161 LEGAL DESCRIPTION - Tract One W.O. No. 9115 Prepared for Arthur Torl and/Renai s sane e Development 15 February 1995 A portion of S. W. Torland Court located in the plat of "TORLAND ESTATES", a subdivision recorded in Book 92, Pages 50 and 51, Washington County Plat Records, and located in the J. L. Hicklin Donation Land Claim No. 54 in the NorthweaL Quarter of the Southeast Quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and more fully described based on the plat of "TORLAND ESTATES" as follows: Beginning at a 5/8-inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437 at the Southwest corner of Lot 3 of said "TORLAND ESTATES", thence South 89° 56' 38" East 69.80 feet along the South line of said Lot 3 to a to a 5/8-inch iron rebar; thence on a 17.00 foot radius curve left (long chord bears North 44° 50' 29" East 24.13 feet) an arc distance of 26.83 feet; thence South 00° 22' 23" East 4.67 feet; thence on a 17.00 foot radius curve right (long chord bears South 10° 55' 20" West 6.66 feet) an arc distance of 6.70 feet; thence on a 44.00 foot radius curve left (long chord bears South 10° 22' 18" West 18.06 feet) an are distance of 18.19 feet; thence South 88° 29' 38" West 82.28 feet to the West boundary of the plat of said "TORLAND ESTATES"; thence North 00° 20' 52" West along the West boundary of the plat of said "TORLAND ESTATES" 14.10 feet to the True Point of Beginning. Said parcel containing 1,119 square feet. ALSO TOGETHER WITH the 8.00 foot wide public utility easement along the South boundary of said Lot 3. RESERVING an 8.00 foot wide public utility easement along the East boundary of said tract being vacated. aSri S1c z ,j Y P R 0 rlir WSI s L.rY .k I ai2&CA;GF1 SEPY. rU Yfl7if t�sF / Kr'cJa/ W-3096 PLANNED DEVELOPMENTS • RESIDENTIAL SUBDIVISIONS WATER, SANITARY SEWER AND STORM DRAINAGE SYSTEMS LAND SURVEYS + SOLAR-CONSERVATION HOMES 300 jI I W 3.63Ac. m c i O p 1 2 23 - 74 I 438.55 66� 176 220 94-84694 -T� T+i,,,f T� T T T DAKOTAT (CR.N0. 452) T 44 108.41 .I� 10864 �///I///IfI//I//VIII 9c //// 108.90 2500 41, 0547 93.75 ml 69.95 i°J 3100 loe.43 3300 hSe'Y31S3't P'\ d 40.CC INITIAL .90AC 1.20 AC 6200 n .6300 n 7300 ;T' 5200 (1 j .42 Ac. l(�o, m I �. 42' _ o '- _ 1 m > - Q Q O (J O vn6.84 Q m ^ 6- ^ 57.2` - I) H - 6400 in N cb/'- a CV 26.50 9 5' 10 5.71 m y ► /n 6200 W 8 71.62 60' 61.09 AAF A n 1 1 .94AC. c� 86.88 f� 7000 7100 7200 N0 6500 _a 8J "� 9 N 10 0 N n 5300 -� "' 0 3 m Cn C .20 At p.2 �I 9 SO' `^ / / 69.80 r' 4 r 'L � E� 14CP 53.79 60 60, n 2 �6' n 413)&5' LJo S X ;TOR LAND n S.W.TORLAN D S N 0 COURT R 5400 z4467o 5AL 108.34 35.26 32.5 72.50 T2.38 N 813E' w 809.10 Jo .29 �) 6600 "Z700 6800 6900 •o m N 4 .N 5 N �� E a 7 _ 44 (108.41) 25 �41ti}9"W 10?.90 108.57 72.50 72.50' �73.10 _ 109.10 Ar ILIW 3.29E CM i 192 N 89° 49'-W - - SEE MAP o N IS I 34DC 441 S 890 47' E �s� 3y.fl8 City of Tigard 13125 S. W. Hall Boulevard Tigard, Oregon 97223 Re: "TORLAND ESTATES" - Street Vacation We, the owner of Lot , of "TORLAND ESTATES",, hereby request the City of Tigard to vacate the portion of S. W. Torland Street west of S. W. 112th Avenue in "TORLAND ESTATES", a 11 lot subdivision along S. W. North Dakota Street in the City of regard, Washington County, Oregon. Maps and legal descriptions of the proposed street vacation have been submitted by - our Engineer, Leonard A. Rydell, P.E., P.L.S., W.R.E. Particularly note that due to the existing curbing and landscaping, it is requested that the platted right-of-way be divided unequally as per the maps and legal descriptions submitted. Your assistance on this matter will be greatly appreciated. Thank you. Sincerely yours, �C City of Tigard 13125 S. W. Hall Boulevard Tigard, Oregon 97223 Re: "TORLAND ESTATES" - Street Vacation We, the owner of Lot -4— of "TORLAND ESTATES", hereby request the City of Tigard to vacate the portion of S. W. Torland Street west of S. W. 112th Avenue in "TORLAND ESTATES", a 11 lot subdivision along S. W. North Dakota Street in the City of Tigard, Washington County, Oregon. Maps and legal descriptions of the proposed street vacation have been submitted by our Engineer, Leonard A. Rydell, P.E., P.L.S., W.R.E. Particularly note that due to the existing curbing and landscaping, it is requested that the platted right-of-way be divided unequally as per the maps and legal descriptions submitted. Your assistance on this matter will be greatly appreciated. Thank you. Sincerely yours, J CHARTER TITLE CORPORATION 1500 "D" Street Vancouver, Washington PRELIMINARY BUYERS SETTLEMENT STATEMENT Buyer: JUDSON D. SCHAEFER GINA M. KELLEHER Seller: SHARON J. SHOOK, TRUSTEE STROM LEGACY TRUST Property 11170 SM/NORTH DAKOTA Address : TIGARD, OREGON Order Number: 76466 Settlement Date : 08/01/96 Expenses Credits Purchase Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125, 000 . 00 New Loan to ALLIED BANK. . . . . . . . . . . . . . . . . . . . . . . . . 94 , 000 . 00 Loan Origination Fee of 1 . 00% . . . . . . . . . . . . . . . . . . . 940 . 00 Appraisal Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 . 00 Credit Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 . 00 Tax Service ALLIED BANK. . . . . . . . . . . . . . . . 72 . 00 Flood Certification ALLIED BANK. . . . . . . . . . . . . . . . 29 . 00 Underwriting fee ALLIED BANK. . . . . . . . . . . . . . . . 325 . 00 Funding fee ALLIED BANK. . . . . . . . . . . . . . . . 50 . 00 Hazard Ins Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 . 16 County tax reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 001 . 88 Aggregate Adjustment 0 months Q $0 . 00 per month. . . . . . . . . . . . . . . . . . 7 . 02 Hazard Ins Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 . 00 County taxes from 07/01/96 to 08/01/96 . . . . . . . . . . 113 . 45 Title Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 . 00 Escrow Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 . 00 tax on escrow to CHARTER TITLE CORPORAT. . 15 . 20 Recording of Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . 00 Recording of Trust Deed. . . . . . . . . . . . . . . . . . . . . . . . . 38 . 00 TRANSFER TAX WASHINGTON COUNTY RECORDER 62 . 50 DEPOSIT ASSOCIATED MORTGAGE. . . . . . . . . . . . . . . . . . . . . . . . . 496 . 00 Sub-totals (Estimated) 128 , 955 . 74 94 , 616 .47 Balance due from Buyer (Estimated) 34 , 339 . 27 Totals (Estimated) 128, 955 . 74 128 , 955 . 74 Escrow Officer GORDON REITER Approv d by: D. 'SCHAEFER INA M. KELLEHER ■, IV � �' .92Ac. 4100 r 128 139.70 L 1 � a 3n N 3 �e '� „ 4900 1-114 _�ti a Ic a S89°SS'd�1r� OB/�J a W4.418"1W 116 0 O 1 0 800 on I// N a H 75000 0 �' o A A 7A65 .n 4000 -•� C :16 I I O 3 12 IQQ _ n i -0 2 $, ri 700 Ltd - ( L F o BOAC C - I a 3 1- 0 76.81 0 76.82 .39 A N ` 0 / N_a 3900 5100 N o \�O • A0 8 0 3 m 1 ' 24Z 23 - 74 Am t3 �' L� 9 � I 30 20 50. 100.88 � , 438.55 1 112' 56.73 `�?' 56-89 66 176 220 94-84694 89-32389 -a -O� a T T 1ti'�� T ~�T T i-----r�T DAK0TAT T �iT�l--l-T��'''i' ��- � l v N (CR.N0. 452) IIE. 144 108.41 '�1�-� • 195Ar�Ar� 108. 12 .10 75 75 W 2300 2400 2500 , '� 86.47 83.73 23.1 X 5 1 s 3100ioe.43 3300 3400 3500 3600 23.065 CH. FROM t `? INITIAL �'" 180Qc i.28AC 159 A! i2oAc 99031 6100 62�p N 0 n40Ac7300 PT. 90 AC 94 AC 39AC. .40AC J.L. HICKLINF N0.54 MO' 0 5200 a�2 42 AC. w 1(} I '° W o_ Q 1 _ o > _ 6-1 N O h 6. 4 0 0 � aQ 372` 11 a 25' N ON 64 0 0 1800 -' n 0 SEE MAP 39 Ac. N r N L /,, a N e "' IS t 34DA 2 � In w 26.50 9 5' 10 5.71 M 173.58 _ od Q 6 200 W ^ 8 71.6 6 6. 146.5e - �I t 1 .94AC. 'ate s6 /`� 7000 7100 7200 f o,n N 000 6JO m '° '` 0 75 74.70 C , O,,,, W o a J = ✓ A r` 0N890 36' W8 8 N O I - _ N�'� 53000A o_ (j} 8J 9 10 ; FOR ASSESSMENT C. ZpgoS0 � � ; o PURPOSESONLY n 2 0� �s�4 53.79 6o'`J 60• 128 0 DO NOT RELY ON in oS.W TORLAND SWTORLAND S 3700 FOR ANY OTHER USE �' COURT C. o c�0 z4 2.76'�2.76 AC g COO 08.54^, 35.26 32.5 72.50 72.38 109.10 ,1473.E -`'l Z .29 Ar-gL x00 6800 6900 " 89� W 1 S 8V 47' E N N CF 3800 v _ N N N 0 _ 4 N�+ 5 N<1 6 7 _ /./4 AC. O 819�41tiJ9" 0 108.57 72.50 72.50 3.10 173.58 116 144 (108.41) 109.10_ 3.29` CN i 192' N 890 49'-W 3 in 0 0 SEE MAPo Z IS I 34DC 441 S 890 47' E TIG c� iS ! 2 -y SW 1/4 SEA SECTION 34 TIS R I W W.M. WASHINGTON COUNTY OREGON IS SOUTH 502.44' FROM THE 2520 M.W. COR. OF THE JOHN L. HICKLIN SEE MAP SCALE I" = 1001 D.L.C. NO. 54 IS I 34DB ' • N.E. COR. S 890 41' F 63 9.80 202/57 S 890 41' E 338.9 890 II' W 260.801 1N 890 9&WER � / WEST �� _�� 100 20 � 400 N_ SEE MAP - Z .89Ac. 2 92Ac. I /.65 Ac. 3: (C.S. No. 6267 ) CANCELLED t o 3100,3201IS I 34DB 3100,320 W �+ I ° 2500,2501,260 ' N 174-30 I w 2600.3604.30 901, 001,501 Q IN 101 OSAc. 'n�' 89. `�" 132.73 f10 W I o 72.90 117.83 S 88°14 16 E in 500 72.84 106 32 44.16 135 - M N 8900 9000 v 10000 10100 10200 9100 C?V .37AC. m M 102 0= _ 0 6 n 7 16 0 17 y°c^b 18 o a0 0 (C.S. No. 6747) - A� N m O (C.S. No. 10,471) e 1IV 37.8.7 0'''8800 10300 N 890 41' W 338.9 N F \04 9200 102' 03 d� O_ I S 890 41' E 358.90 N 890 4i W 190.90 4 ~ o- 8 9900 b J 19 r- b a �p 15 0- N 700 (C.E. No.5301) 600 Io5.o7 o + o a I ^' 10es7 122.99 h^ 107.08 _ /.9E Ac. /.05 Ac. = 8700 �p c �' 121"51-y+ 11o'IS a� ee 410400 ; F o 3 2s e a �+�1.930 9 L� 9800 14 �,'3a yaR1s' 20ct N m c � ,� �,. _ n Y . � ' c . 130= 16 132o N N N N n 8600 n Z 9400 m 970013 L F 10500 21 °'' r 2 t; ri 10 ed 1 n n a j-) n n " a n = 136' 132.99 133.27 V 1 130' ' c8500 . 9500 9600 n 10500 (C.S. No. 6747) z ' o S O°02'W 997.E 8 = INITIAL POINT m 1 ` o ( v `^ n II m I2 r (n b 22 =� N 89° 36' E 23.06' 1 CHERRY HILL ACRE TRACTS 1 9+ 50 +\h I +,�, ` so +\ FROM THE H.W. COR 260.90 _ tea• ? e IIs.05 25 20 ° �' Q 118.22 116.22 �° .� � S 89 SI' E � 120.97 h 3 . d, Al N 890 51' W 376.90 i S 690 51' E 190.90 \ I 98.56 EAST �'y' J' JOHN L. HICKLIN 0 o N / (C.S. No. 13,079) \ T ► Co`. Rd. No. `916 18 17 16 11 S 89 45 45 E 252.04 N ,110? N 3NI «\ 1% 8!'32438 _ -r� 72 72 72 72 72 72 72 WEST 3.302 CHAINS 1 78.6 81.18 W 50 76 9304 LN 89 46 18 W N 89°46 18R.D 65.08 nrT- 5:'it �` 5 89° 4S 3/4' E 800 W900 =o 0 2400 4800 so 4900 2.p�c. 2800 N� ' 84001 ;E _ 1 2900 In o n 3 16Ac. a ;- o .2lAc. a 3000 g o M i t a W � 15 a o I /6.53Ac.I I / 1 g o 2 r• 17 - °o' °0 36 " SCHOOL D/STR/cT 23✓ 1 / - o ` i I H : ti � z I G a / -90 n 91.15 (PT) FOWLER ✓R. H/6H 7682 6580 103 26 "' 1V Q 9 a 8300 14sa8°30'55`E: N 89°S8 41 14462 4~ N 89°58'41`E 91 IS 4901 1000 v ., 1 2300 4700 - A w a / r ^ o IF 2 A A ,a 2801 0 o o IS5.13 3 I ./3Aa 8 119.13 V 11 LL� 111.13 11.52 125.80 2802 �� °0 x,8200 13 I I / 1100 5.83 Q 2200 4600 5000 .02Ac. 119.57 I r' r r / J w � � 5. � p L 4 m 15 3 () ej 25 „70 0 1 Z'l N x,8100 �. a- ) 576 Q 120 �! . 12 119 -� 11° 118.03 136 ' ` SEE MAP W IS 134 DD "1200 1- (C.S. No. 13 1A,,-- 20 4500 5100 `, 7100 '� I I / 0 1 o L o4 , 24 a 2_x..1 8000 6 5 4 3 2 I / 5 }' 2S ;�11 W 46 Ila n3 /� O n ��" O m I I 1- 0 13u0 \� -'a 2000 a 4400 2 in 52003 8 n W200 3 _l J 11oz1 0 z O o pp� / r 6 0 13 1 5 �N� Izo "' Q �� L1 wo 461 I I 0 1,9 SO '" 119 118.03 5300 7300 m m 10 0 f J I I ,,L, k CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 31. 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503)639-4171 Fax: (503)684-7297 RE: ➢ PUBLIC RIGHT-OF-WAY STREET VACATION - TORLAND COURT Q A request to vacate approximately 4,431 square feet of public right-of-way on SW Torland Court. LOCATION: Southwest Torland Court. Attached is the SITE PLAN AND VICINITY MAP 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 BACK BY: SEPTEMBER 9, 1996. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. 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 provided below: (,Please prvv&the foffowing information) Name of Person(s)Commenting: Phone Number(s): TORLAND COURT PUBLIC RIGHT-OF-WAY STREET VACATION h:\patty\docs\torla.mst .EQUEST FOR COMMENT NOTIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS CIT Area: (W) (S) (I) (C) CITIZEN INVOLVEMENT TEAMS W Placed for review in Library CIT Ek:] CITY DEPARTMENTS LDG.DEPT./David Scott,Blanding Onoioi t_POLICE DEPT./Kelley Jennings,crime Prevention orr�er OPERATIONS/Acting Person,Moint.Spvsi. _CITY ADMIN./Cathy Wheatley,City Recorder r/ NG.DEPT./Brian Rager,Development Review Engineer _COM. DEV.DEPT./D.S.T.'S ADV.PLNG./Nadine Smith, Planning Manager WATER DEPT./Michael Miller,Operations Mgr./Operations Mal Box SPECIAL DISTRICTS FIRE MARSHALL _UNIFIED SEWERAGE AGENCY _TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wo.County Fire District 155 N.First Street Beaverton,OR 97075 (pick-up box Hillsboro,OR 97124 AFFECTED JURISDICTIONS WA.CO.DEPT.OF LAND USE&TRANSP. _METRO AREA BOUNDARY COMMISSION _METRO-GREENSPACES 150 N.First Avenue 800 NE Oregon St.#16,Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro,OR 97124 Portland,OR 97232-2109 600 NE Grand Avenue Portland,OR 97232-2736 _Brent Curtis(CPA's) —STATE HIGHWAY DIVISION _Jim Tice(IGA'S) Sam Hunaidi _METRO _Mike Borreson(Engineer) PO Box 25412 Mary Weber —Scott King(CPA's) Portland,OR 97225-0412 600 NE Grand Avenue —Torn Harry(Current Planning App's) Portland,OR 97232-2736 _Lynn Bailey(Current Planning App's) —OREGON DLCD(CPA's/ZOA's) 1 175 Court Street,N.E. _ODOT/REGION 1 _CITY OF BEAVERTON Salem,OR 97310-0590 Transportation Planning Larry Conrad,Senior Planner 123 N.W.Flanders PO Box 4755 _CITY OF PORTLAND Portland,OR 97209-4037 1 120 SW 5th —CITY OF BEAVERTON Portland,OR 97204 _ODOT/REGION 1,DISTRICT 2-A Mike Matteucci,Neighborhood Coordinator Bob Schmidt/Engineering Coord. PO Box 4755 _CITY OF DURHAM 2131 SW Scholls/PO Box 25412 Beaverton,OR 97076 Planning Director Portland,OR 97225 Beaverton,OR 97076 City Manager PO Box 23483 _CITY OF LAKE OSWEGO _CITY OF TUALATIN Tigard,OR 97281-3483 City Manager PO Box 369 PO Box 369 Tualatin,OR 97062 _BOTHER% Lake Oswego,OR 97034 CITY OF KING CITY City Manager 15300 SW 1 16th King City,OR 97224 SPECIAL AGENCIES _GENERAL TELEPHONE ELECTRIC _PORTLAND GENERAL ELECTRIC _COLUMBIA CABLE CO. Elaine Self,Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court Tigard,OR 97281-3416 Beaverton,OR 97007 Beaverton,OR 97005 //NW NATURAL GAS CO. Phone:(503)721-2449 —METRO AREA COMMUNICATIONS _TRI-MET TRANSIT DEVELOPMENT Scott Palmer Fax:(503)721-2502 Jason Hewitt Kim Knox,Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland,OR 97209-3991 1815 NW 169th Place S-6020 Portland,OR 97232 Beaverton,OR 97006-4886 _TCI CABLEVISION OF OREGON _US WEST COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO. Linda Peterson Pete Nelson Clifford C.Cabe,Const.Engineer 3500 SW Bond Street 421 SW Oak Street 5424 SE McLoughlin Portland,OR 97201 Portland,OR 97204 Portland,OR 97202 _BONNEVILLE POWER ADMINISTRATION _BURLINGTON NORTHERN RAILROAD PO Box 3621 Attn: Administrative Offices Routing TTRC-Attn: Renae Ferrera 1313 W. 11 th Street Portland,OR 97208-3621 Vancouver,WA 98660-3000 STATE AGENCIES FEDERAL AGENCIES —AERONAUTICS DIVISION(ODOT) _DIVISION OF STATE LANDS _US POSTAL SERVICE —COMMERCE DEPT.-M.H.PARK _FISH&WILDLIFE Randy Hammock,Growth Cord. _PUC _DOGAMI Cedar Mill Station _DEPT.OF ENVIRONMENTAL QUALITY _U.S.ARMY CORPS.OF ENGINEERS Portland,OR 97229-9998 OTHER [h:\patty\mastere\rtcnotic.r et Augu,t 23,1996]