Hearings Officer Packet - 04/23/1987 - Ben Franklin Development i
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1640 HEARING OFFICER DECISION
5/87 Benifran Development, Inc.
S 87-05 and SL 87-03
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CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s) : S 87-05 and SL 87-3__
2 . Name of Owner: BENJFRAN DEVELOPMENT, INC.
3. Name of Applicant: Same
S- 295
Address 501 S. E. Hawthorne 'Jvd. City Portland State__OR_2ip__ 932.28-6400
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4 . Location of Property:
Address North of SW Walntu St. , east of SW 135th AVE. & south of
Morning Hill 2 , 4, and 5 .
• Legal Description_ (WCTM 2S1 4AB lots 4500k 4600, 4700: WCTM 2S1 4A
lot 501 ) .
5. Nature of Application: Request to _divide a 38.4 acre parcel into _
144 lots ranging between 7, 000 and 10, 00 __sq. ft. ].n size.anrl for
Sensitive Lands approval to fill a portion of v dirainageway ort__ propercy
zoned R-4. 5 (Residential , 4. 5 units/acre ) & R-25 (Residential , 25 units
t.. Act_ion: Approval as requested acre.
xx Approval with conditions
Denial
7 . Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
_xx _ The applicant & owners
xx Owners of record wi.l,hi.n the required distance
xx_ The affected NeignbicTtood Planning Organization
_ Affected governmental agencies
8. Final Decision:
THE DECISION SHALL B:s .?INAL ON June 8 , 1987 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of condition can bc
obtained from th" Planning Department, Tigard City Hall, 13125 SW Hall
Blvd. , P .O. Box 23397, Tigard, Oregon 97223.
9. Apnea l:
Any party to the decision may appeal this decision in accordance with
j 18. 2.290(A) and Section 18.32.370 which provides that a written appeal
may be filed within 1.0 days after notice is given and sent.
ThE deadline for filing of an appeal is 4:30 P.M. June B, 1987 .
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-41 '1 .
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF TIIE APPLICATION)
FOR subdivision approval and ) No. S 87-05 , SL 87-03
sensitive lands approval on
property zones R-4 . 5 and R-25 ; )
Benj . Fran. Development, Inc. , )
appli.can =. )
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting cf April 2.3 , 1987 , which was
continued for further hearing at the regularly scheduled meeting
of May 14 , 1987 , at the Tigard Civic Center Town Hall Room in
Tigard, Oregon; and
The applicant requests to subdivide a 38 . 4 acre parcel into
146 lots ranging between 7 , 000 and 10 ,000 square feet in size
and to regrade a portion of a drainageway, property located
immediately south of Morning Hill Subdivision Nos. 2 , 3 , 4 , and
5 , and east of SW 135th Avenue and north of Walnut Street,
property more specifically described as Map 2S1 4AB, Tax Lots
4500 , 4600 , 4700 , and Map 2S1 4A, Tax Lot 501, City of Tigard ,
County of Washington, State of Oregon; and
The Hearings Officer conducted public hearings on April 23 ,
1587 , and May 14 , 1987 , at which time testimony, evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopts the findings of fact and conclu-
sions contained in the Staff Report, a copy of which is attached
hereto, marked "Exhibit A" and incorporated by reference herein;
Page 1 - S 87-0.5, SL 87-03
NOW THEREFORE IT IS HEREBY ORDERED THAT S :37-05 and SL 87-03
be and hereby are approved subject to the following conditions .
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR
TO RECORDING THE FINAL PLAT FOR ANY PHASE OF THE DEVELOPMENT.
2. The applicant shall provide the following street improve-
ments :
mprove-melts :
A. SW 135th Avenue - two thirds major collector street
improvements consisting of full half-street improvements plus
12 feet (minimum) of pavement section (travel land) on the other
side for a total of 34 feet (minimum) of pavement.
B. The applicant shall execute a waiver remonstran':e
for the formation of a local improvement district that provides
for improvements to the SW Walnut Street frontage along the
subject property.
C. Construction of all internal streets to local street
standards.
D. All improvements stated above shall include standard
sidewalks, streetlights and underground utilities and conform
substantially with the "Preliminary Engineering Report, 135th/
Murray/LID, " prepared by Robert E. Meyer Consultants and dated
February 6 , 1987 . Any deviation from this report shall be
approved by the City Engineer.
E. Formation of a local improvement district that
provides nor construction of a street to the standards specified
above shall be considered as satisfying the requirements for
that street.
Page 2 - S 87-05, SL 87-03
F. The applicant may provide the improvement5. of 135th
Avenue and Murray Boulevard to be made through joint agreements
with the owners of adjoining property if the agreements provide
for the improvements to be completed concurrently with other
public improvements in the subdivision.
3. Addi+-ional right-of-way shall be dedicated to the Public
along the SW Walnut Street frontage to increase the right-of-way
to 33 feet from centerline. The description for said dedication
shall be tied to the existing right-of-way centerline as established
by Washington County.
4 . Direct access to SW 135th Avenue and SW Walnut Street
by individual lots shall be prohibited.
5. One foot reserve strips shall be granted to the City at
the termini of all streets that will be extended in the future.
6 . Street Centerline Monumentation
In accor once with ORS 92. 060 subsection (2) , the center-
lines of all street and roadway right-of-wa; s shall be monumented
before the City shall accept a street improvement.
A. All centerline monuments shall be placed in a monument
box conforming to City standards , and the :op of all monument boxes
shall be set at design finish grade of said street or roadway.
B. The following centerline monuments shall be set:
(1) All centerline-centerline intersections.
Intersections created with "collector" or other existing streets ,
shall be set when the centerline alignment of said "collector"
or other street has been established by cr for the City;
(2) Center of all cul-de-sacs;
Page 3 - S 87-05, SL 87-03
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(3) Curve points. Point of intersection (P. 1_ . )
when their position falls inside the limits of the pavement
otherwise beginning and ending points (B.C. and E.C. )
(4) Ail sanitary and storm locations shall be
placed in positions that do not interfere with centerline
monumentation.
7. The alignment of Franklin Street between 133rd Avenue
and SW 134th Avenue shall be moved south so the northern most
edge of the traveled portion of the road shall be adjacent to
an existing irrigation pump presently located between platted
lit 62 and 63. The costs of maintaining, protecting the irriga-
tion pump shall be born by the City of Tigard or the City Park
Board, and the applicant =.hall cooperate with the City in pro-
tecting that pump during construction.
8. The applicant shall obtain a letter of serviceability
from the Department of Land Use and Transportation of Washington
County, to perform work within the right-of--way of SW Walnut
Street. A copy of said letter shall he provided to the City
Engineering Office prior to issuance of a Public Improvement
Permit .
5. If. the SW Murray Blvd. and/or SW 135th Avenue Local
Improvement District (L. I .D. ) is forn, d prior to recording the
Plat for any phase of the development, the applicant shall develop
a method acceptable to the City for dividing the LID assessment
between the individual lots.
10. SW 131st Avenue shall be realigned so it connects with
SW 133rd before entering SW Walnut Street. The applicant shall
install appropriate signage as recommended by the City Engineer
Page 4 - S 87-05, SL 87-03
for the City of Tigard, to maintain the residential quality of
SW 131st Avenue through the proposed subdivision.
11. All public storm drainage and sanitary sewer lines along
lot lines and outside of public street right-of-ways shall be
encumbered by a 15 foot (minimum) wide easement granted to the
City.
12. The applicant shall demonstrate that the storm drainage
downstream effect on tax lot 102 Map 2S1 4AA is not significant
or that drainage easements will be provided.
13. Sanitary and storm sewer details shall be provided as
part of the Public Improvement plans. Calculations and topographic
service area basin map shall be provided as a supplement to the
Public Improvement plans , to demonstrate evidence of area - basin
full development serviceability. The location and capacity of
existing and proposed (or future) lines shall be addressed.
14. Following cursory review of the public improvement
construction drawings by the Engineering Section, seven (7) sets
oL plan-profile improvement construction plans and one (1) itemized
construction cost estimate, stamped by a Registered Professional
Civil Engineer, detailing all proposed ptt.blic improvements shall
1 be submitted for approval .
15. Construction of proposed public improvements shall not
commence until after the Engineering Section has issued approved
public improvement plans. The section will require posting of a
100% performance assurance, the payment of a permit fee and a sign
installation/street fee. Also, the execution of a street opening
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Pace 5 - S 87-05, Sh 87-03
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JAAMMIMINNEINLIMIENEIIIIIIMIIIMMINIMINMEIMIMMINIIIMININEMEMINEMI
permit or improvement construction agreement shall occur prior
to, or concurrently with the issuance of approved public imnprove-
meat plans.
16. A fin. l grading plan shall be submitted for the site
which includes justification for removal of all trees over 6
inches in diameter. A tree cutting permit shall be obtained
prior to removal of any trees over 6 inches in diameter.
17. A pedestrian access easement shall be provided between
131st Avenue and Tract "A" with a location and design to be approved
by the City Engineer.
18. The applicant shall contribute not more than $7 , 500. 00
towards the purchase of tax lot 102 for the purposes of dedication
to the City of Tigard as park and open space or, at the option of
the owner of tax lot 102 , shall share in the cost of developing
access off Kathryn Avenue to serve tax lot 102 up to $7 , 500. 00 .
19. This approval is valid if exercised within one year of
the final approval date. However, this project may be phased
pursuant to Tigard Development Code Section 18 . 160. 050.
DATED ,t! is 27th day of May, 1987.
HE . •INGS OFFI_C R_ ---- 7
BETH MAS N / :
Page 6 - S 87-05, SL 87-03
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STAFF REPORT AGENDA ITEM 2 .2
THURSDAY, APRIL 23, 1987 - 7:00 P.M.
TIGARD HEARINGS OFFICER
TIGARD CITY HALL - TOWN HALL
13125 SW HALL- BLVD.
TIGARD, OREGON 97223
A. FACTS
1 . General Information
CASE: Subdivision S 87--05, Sensitive Lands SL 87-03
REQUEST: To subdivide a 38 .4 acre parcel into 146 lots ranging
between 7,000 and 10,000 square feet in size and to regrade
a portion of a drainageway .
• COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, Modium
High Density Residential
ZONING DESIGNATION: R-•4.5 (Residential, 4 .5 units/acre), R- 25
(Residential, 25 units/acre) .
APPLICANT: Benj . Fran. Development, Inc. OWNER: Same
9370 SW Greenburg Road
Portland, OR 97223
LOCATION: Immediately south of Morning Hill Nos. 2, 3, 4, and 5 and
east of SW 135th Avenue and north of Walnut Street (WCTM
2S1 4AB, T.L. 4500, 4600, 4700 and WCTM 2S1 4A, T.L. 501) .
2. Background Information
The Morning Hill development was approved by the City in 1977, and
construction began in 1978 (ZC 5-77/SDR 52-78) . Additional plats were
approved in 1985 for Morning Hill Nos. 4 and 5 (S 12-85 and S 13-86)
In 1978, the City Council approved an amendment to Phase III of the
Bellwood development subject to conditions. The parcel involved is
immediately east of Morning Hill No. 4 and northeast of the subject
property. A conceptual plan was presented which featured a circular
drive with access provided through what is now Morning Hill No. 4.
This was a departure from the original Bellwood residential. Planned
Development which proposed access to 128th Avenue. An unrecorded
agreement was made between the previous owners of the Morning Hill and
Bellwood developments to provide access to the eastar•n (Bellwood)
parcel in this manner.
This past Council approval and agreement was not known to the staff or
the present owners of the Morning Hill development. The owner of the
eastern tract was notified of the hearing for Morning Hill No. 4, but
no contact with the City was made until after the plat had been
approved and released by the City .
STAFF REPORT - S 87-05/ SL 87-03 - BENJFRAN DEV. •- PAGE 1
On December ,1.9, 198E the Hearings Officer approved a preliminary plat
of 37 lots covering the norther 9.6 acres of the subject property (S
17-^6) . This decision was appealed to City Council by an adjoining
prcperty owner but the Hearing' s Officer's decision was upheld
(Res. 87-16) .
3 . Vicinity Information
The single family residences zoned R-4.5(PD) lie to the north and are
part of the Morning Hill development. Morning Hill Drive and 171st
Avenue presently dead end along the northern boundary of the
subdivision proposed in this application. New single family residences
and a vacant parcel that are within Bellwood subdivision and zoned
R--4.5 are immediately to the east. Undeveloped property zoned R--12 and
R-25 (Residential, 12 or 25 units/acre) lie on the west Fide of 135th
Avenue. The area south of Walnut Street is within Washington County
and is designated for Low Density Residential development in the Tigard
Comprehensive Plan.
4. Site Information an! Proposal Description
The property is gently rolling except for the extreme eastern end of
the project which contains a wooded drainageway that runs north to
Summer Lake. The applicant proposes to create 146 single family
residential lots ranging between 7,000 and 10,000 square feet in three
phases. Morning Hill Drive and 131st Avenue will be extended south to
an east west street that will direct traffic west to 135th Avenue. The
plat is proposed to occur in three phases as indicated on the
preliminary plat.
The development of the eastern portion of the subdivision will require
regrading a drainageway. The lower (northern) secti.cn of this
drainageway is proposed to be platted as a common open space tract.
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. The 133rd Avenue/Franklin Street intersection should be revised
to be a three way intersection.
b. Walnut Street is under County jurisdiction and a letter of
servicability will be required from the Department of and Use
and Transportation.
c. The applicant has provided some info• .iation regarding storm water
flow in the drainageway and justification for the proposed pipe
size. However, additional data is necessary to confirm that
downstream properties will not be adversely affected.
The Building Inspection Division has the following comments :
a. All lots should be required to slope toward the street for
drainage purposes . If this is not possible, an appropriate storm
drainage system will be necessary .
SIA1 E REPORT - S 87-05/ SI 87--03 - BEN3I RAN DCV. -- PAGE 2
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b. Lots which nave any fill, such as the eastern lots, will require
a soil' engineer's report,
Washington County Fire District No. 1 indicates that fire hydrants must
be provided so that all residential structures are within 500 feet of a
hydrant.
School District #48 indicates that Beaverton High and McKay Elementary
are over capa:,ity and the District is in the process of rectifying the
situation,
The Tigard Water District indicates that new mains will be required,
The District pays for all off--site improvements and the developer is
responsible for those on-site up to and including 12 inch mains .
Washington County Departent of Land Use and Transportation has the
following comments:
a. The right--of--way requirement for the Murray Blvd . extension is 70
feet.
b. The right--of-way area for Walnut Street should be graded at this
gime so that the resulting property boundaries will have the same
elevation as the centerline.
c. .orner radii are not shown on Walnut Street.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
the relevant criteria in this case are Tigard comprehensive Plan
policies 2. 1 . 1, 3 .4,2, 6. 1 . 1, 7. 1 .2, 7. 3 . 1, 7.4,4, 8. 1 . 1, and 8. 1 . 3 and
Community Development Code Chapters 18 ,50, 18.56, 18 .84, 18. 160, and
18. 164. Since the Comprehensive Plan has been acknowledged, the
Statewide Planning Goals and Guidelines no longer need to be addressed.
The Planning staff concludes that the proposal is consistent with the
relevant portions of the Comprehensive Plan based upon the findings
noted below:
a. Policy 2. 1 . 1 is satisfied because the Neighborhood Planning
Organization and surrounding property owners were given notice of
the hearing and an opportunity to comment on the applicant' s
proposal .
b. Policy 3 .4.2 will be satisfied once the additional information
relating to downstream drainage conditions are addressed by the
applicant. This drainageway carries water seasonally and no
special protection is prescribed in the Tigard Comprehensive
Plan. It is recognized that the proposed plat and associated
grading will require the removal of most of the trees in the
south portion of the drainageway, however, this tree removal
should be held to a minimum.
STAFF REPORT - S 87-05/ SE 87-03 - BENJFRAN DEV. -- PAGE 3
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c. Po]i.cy• 7. 1 .2, 7.3 . 1, and 7.4 .4 are satisfied because adequate
water, sewer, and storm urainage facilities can be made available
to the development and adjacent properties. The applicant also
indicates that these facilities will he provided within the
subdivision as require by City standards.
d. Policy 8. 1 . 1 will he satisfied when an acceptable method for
access is provided for Tax Lot 102. This development should not
be platted until this issue is resolved. The applicant suggests
the use of Tract "E" on Katherine Street for access . However,
this parcel was dedicated to the City for open space purposes and
granting and access easement for private use may not be
appropriate.
e. Policy 8 . 1 .3 will be satisfied when the conditions of approval
relating to street improvements are completed.
The Planning staff has determined that the proposal, is consistent with
the relevant portions of the Community Development Code based upon the
findings noted below:
a. Chapters 18.50 and 16.56 of the Code are satisfied because the
priposal meets all of the requirements of the P-••4.5 and R--25
zones.
b. Chapter 18.84 of the Code is satisfied because the proposed
regrading of the drainageway can be done without having a
negative impact upon nearby parcels .
c. Chapter 18 160 of the Code is satisfied because the proposal
meets the requirements set forth for the submission and approval
of a preliminary plat.
d. Chapter 18. 164 of the Code will be satisfied during the approval
process for the final plat. Since Tract "Al" is not connected to
any open space area, a pedestrian easement should be provided
from 131st Avenue.
C. RECOMMENDATION
Based upon the findings, and conclusions above, the Planning staff
recommends approval of S 87-05/SL 87-03 subject to the following
conditions:
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL. BE MET PRIOR 10
RECORDING THE FINAL PLAT FOR ANY PHASE OF THE DEVELOPMENT.
2 . The applicant shall provide the following street improvements:
A. SW 115th Avenue - two thirds major collector street
improvements consisting of full half-street improvements
plus 12 feet (minimum) of pavement section (travel land) on
the other side for a total of 34 feet (minimum) of pavement.
STAFF REPORT -- S 87-05/ SL 87-03 - BFNJFRAN DLV, - PAGE 4
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B. Standard half-street improvements incl,i.iing sidewalks,
curbs, streetlights, driveway aprons, sto,"m drainage and
utilities (delete inapplicable items) shall be installed
along the SW Walnut Street frontage. Said imercvements
along SW Walnut Street shall be built and conform to the
alignment as established by Washington County.
C. Construction of all internal streets to local street
standards.
D. All improvements 'stated above shall include standard
side6alks, streetlights and underground utilities and
conform substantially with tht "Preliminary Engineering
Report, 135th/Murray/LID," pre, . •1 by Robert E. Meyer
Consultants and dated February 6, 1987. Any deviation from
this report shall be approved by the City Engineer.
E. Formation of a local improvement district that provides for
construction of a street to the standards specified above
shall be considered as satisfying the requirements for that
street.
F . The applicant may provide the improvements of 135th Avenue
and Murray Boulevard to be made through joint agreements
with the owners of adjoining property if the agreements
provide for the improvements to be completed concurrently
with other public improvements in the subdivision.
3 . Additional right-of-way shall be dedicated to the Public along
the SW Walnut Street frontage to increase the right-of-way to 30
feet from centerline. The description for said dedication shall
be tied to the existing right-of-way centerline as established by
Washington County.
4. Direct access to SW 135th Avenue and SW Walnut Street by
individual lots shall be prohibited.
5. One foot reserve strips shall be granted to the City at the
termini of all streets that will be extended in the future,
6. Street Centerline Monumentation
In accordance with ORS 92.060 subsection (2), the centerlines of
all street and roadway right-of-ways shall be monumented before
the City shall accept a street improvement.
A. All centerline monuments shall be placed in a monument box
conforming to City standards, and the top of all monument
boxes shall be set at design finish trade of said street or
roadway.
B . The following centerline monuments shall be set:
) (1) All centerline-centerline intersections .
Intersections created with "collector" or other
existing streets, shall be set when the centerline
alignment of said "collector" or other street has
been established by or for the City:
STAFF REPORT - S 87-05/ SL. 87-03 - BENJFRAN DEV. - PAGE 5
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'(2) Center of all cul--de--sacs;
(3) Curve points. Point of intersection P.I. when
their position falls inside the limits of the r.
pavement otherwise beginning and ending points (B.C.
and E.C. ) . ..0
(4) All sanitary and storm locations shall be placed in
positions that do not interfere with centerline
monumentation.
7. The alignment of Franklin Street with SW 133rd Avenue shall be
modified to create a 3-way intersection.
B. The applicant shall obtain a letter of serviceability from the
Department of Land Use and Transportation of Washington County,
to perform work within the right-of-way of S;4 Walnut Street, A
copy of said letter shall be provided to the City Engineering I
Office prior to issuance of a Public Improvement Permit. 111
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9. If the "W Murray Blvd . and/or SW 135th Avenue Local Improvement
District (L.I•D_ is formed prior to recording the plat for any
phase of the development, the applicant shall develop a method `I
acceptable to the City for dividing the LID assessment between
the individual lots . •
10. All public storm drainage and sanitary sewer lines along lot ,
lines and outside of public street right-of--ways shall be
encumbered by a 15 foot (minimum) wide easement granted to the
City .
11 . The applicant shall demonstrate that the storm drainage
downstream effect on tax lot 102 Map 2S1 4AA is not significant
or that drainage easements will be provided.
12. Sanitary and storm sewer details shall be provided as part of the
Public Improvement plans. Calculations and topographic service
area - basin map shall be provided as a supplement to the Public
Improvement plans, to demonstrate evidence of area - basin full
development serviceability. The location and capacity of
existing and propnled (or future) lines shall be addressed.
13. Following a cursory review of the public improvement construction
drawings by the Engineering Section, seven (7) sets of
plan-profile improvement construction plans and one (1) itemized
construction cost estimate, stamped by a Registered Professional
Civil Engineer, detailing all proposed public improvements shall
be submitted approval .
14. Construction of proposed public improvements shall not commence
until after the Engineering Section has issued approved public
improvement plans. The section will require posting of a 100%
performance assurance, the payment of a permit fee and a sign
installation/street fee. Also, the execution of a street opening
permit or improvement construction agreement shall occur prior
to, or concurrently with the issuance of approved public
improvement plans.
STAFF REPORT - S 87-05/ Si 87-03 - BENJFRAN DEV. - PAGE 6
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15. A final grading plan shall be submi.,.ted for the site which
includes justification for removal all trees over 6 inches in
diameter. A tree cutting permit shall be obtained prior to
removal of any trees over 6 inches in diameter.
6. A pedestrian access easement shall be provided between 131st
Avenue and Tract "A" with a location and design to be approved by
the City Engineer.
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17, This approval is valid if exercised within one year of the final
approval date.
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r,//,/ ,/ ;el/4_ 1"..•i7,-4*- 0#1:45114e1
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PRLPAREC BY: Keith Liden APPROVED BY: William A. Monahan
Senior Planner Director of Community
Development
(KI_:r-n/3141P)
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s 1 AF f REPORT — S 87-05/ SL 87-08 -- REN3FRAN DEV. — PAGE 7