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Hearings Officer Packet - 12/19/1986 - Ben Franklin Dev r 1640 HEARING OFrICER DECISION 12/19/86 Benj. Franklin Development S 17-86 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY HEARINGS OFFICER 1. Concerning Case Number(s) : S 17-86 _ 2. %:ame of Owner: "2NJ FRAN DEVELOPMENT INC. 3. Name of Applicant: Same Address 9370 SW Greenburg Rd. City Portland State OR Zip 97223 4. Location of Property: Address Immediately south of Morning Hill Nos. 2, 3, 4, and 5. and east of 135th Legal Description 2S1 4AB lots 4500. 4600, 4700 & 251 4A lot 401 5. Nature of Application: Request to subdivide a 9.6 acre parcel into 37 lots ranging between 7,500 and 8,500 approx, sq. ft. in size. The property _ isrzoned R-4.5 (Residential 4.5 units/acre) and R-25 (1Z@sidential 25 units/acre) . 6. Action: Approval as requesteu XX Approval with conditions Denial 1 . Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance _XX_ The affected Neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON January 2, au UNLESs AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal : Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after noticeisgiven and sent . The deadline for filing of an appeal is X1: 30 P.M. January 2._1981. 10. Questions: If you have any questions, please call the City of Tigard Planning Department , 619 41 / 1 . 0251P BEFORE THE BEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION) FOR A 37-LOT SUBDIVISION; ) No. Benj . Fran. Development, Inc. , ) applicant. ) S 17-86 The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of December 11 , 1986 , at the Tigard Civic Center Town ;fall Room, in Tigard, Oregon; and The applicant requests approval of a 37-1c,t subdivision on property zoned R-4 . 5 and R-25, more specifically described as Tax lots 4500 , 4600 , 4700 , Mari 2S1 4AB and Tax lot 501, Map 2S1 4A, City of Tigard, County of Washington, State of Oregon; and The Hearings Officer conducted a public hearing on December 11 , 1986, at which time testimony , evidence and the Planning Department Staff Report were received; and The Hearings Officer adopts the findings of fact and conclusions contained in the Staff Report, a copy of which is attached hereto, marked "Exhibit A" and incorporated by reference herein. NOW THEREFORE IT IS HEREBY OPPERFD that S 17-86 be and hereby is approved subject to the following conditions : 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. Page 1 - S 17-86 2. Standard street improvement including concrete sidewalks, concrete curbs, streetlights, concrete driveway aprons, mailbox clusters, storm drainage, utilities and a traffic landing (at the intersection of 135th) shall be installed. Said improvements along SW Morning Hill Drive shall be built to minor collector street standards and conform to the alignment of existing adjacent improvements (being 60 ' R/W and 36 ' curb to curb) . 3. Standard street improvement including concrete sidewalks, concrete curbs, streetlights, concrete driveway aprons, mailbox clusters, storm drainage and utilities shall be installed along the balance of the proposed subdivision streets. Said improvements shall be built to local street standards (50 ' R/W and 34 ' curb to curb) . 4 . Seven (7) sets of plan-profile public improvement con- struction plans and one (1 ) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 5. Sanitary sewer and storm sewer plan profile details shall be provided as part of the public improvement plans. Facilities shall be extended to provide for future development of adjacent undeveloped parcels. 6. A detailed grading plan for lots 125 through 128 shall be submitted for Engineering and Building Division as part of the public improvement plans which includes the following : Page 2 - S 17-86 4 a. Grade profiles b. Engineer' s report for Building areas that receive fill c. Plan which will preserve existing vegetation to the maximum extent possible 7. Additional right-of-way shall be dedicated to the public along the SW 135th-Murray Road frontage to increase the right-of- way to 35 feet from centerline. The description for said dedication shall be tied to the existing 135th Avenue right-of-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Secticn. DEDICA- TION FORMS AND INSTRUCTIONS ARE AVAILABLE AT THE ENGINEERING OFFICE AT CITY HALL. 8. 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 Bond, the payment of a permit fee and sign instal- lation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING, AND AGREEMENTS. 9. The applicant shall provide for roof rain drainage to the public stormwater system. there lots drain away from public roads, facilities shall be provided to eliminate runoff problems. 10. The applicant shall provide for connection to proposed buildings to the public sanitary sewerage system. A connection permit is required in conjunction with Building Permit issuance. Page 3 - S 17-86 11. 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. 12. A permit shall be obtained by the applicant from the City (Authority : Tigard Municipal Code, Chapter 18 . 84) for land form alteration on slopes of twenty-five percent or greater and within drainageways) . 13. Street Centerline Monumentation a. 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. h. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. c. The following centerline monuments shall be set : 1. All centerline-centerline intersections. Intersections created with "collector" or other existing streets , shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; 2. Center of all cul-de-sacs; 3. Curve points. Point of intersection (P. I . ) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and F.C. ) Page 4 - S 17-86 I 11/ 4 . All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 14 . The locations of all existing trees over 6 inches in diameter shall be illustrated and a site plan for Lot 125-128 . Justification shall be provided for the removal of any of these trees. 15. The applicant shall contact the owner of Tax Lot 102 and after consultation shall submit a conceptual plan for providing an acceptable means of access to Tax I,ot 102 . 16. The applicant shall submit a non-remonstrance agreement for street improvements for 135th Avenue and Murray Blvd. If the local improvement district is formed prior to recording the plat, the applicant shall develop a method acceptable to the City , for dividing the L. I .D. assessment between the individual lots. 17 . After review and approval by the Director of Community Development and the City Engineer, the final plat shall be recorded with Washington County. 18 . This approval is valid if exercised within one year of the final approval date noted below. DATED this 19th day of December, 1986. HEARINGS OFFICER APPROD:� _ B rH MASOI3 // Page 5 - S 17-86 STAFF REPORT AGENDA ITEM 2 . 1 DECEMBER 11, 1986 - 7:00 P.M. HEARINGS OFFICER TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FAC1S 1 . General Information CASE: Subdivision S 17-86. REQUEST: To subdivide a 9.6 acre parcel into 37 lots ranging between 7,500 and 8,500 approximately square feet in size. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, Medium 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 (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 HI1l 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 eastern (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 17-86 - PAGE 1 l 11 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 131st Avenue presently dead end along the northern boundary of the subdivision proposed in this application. New single family residences that are within Bellwood subdivision and zoned R--4 .5 lanlies remmdiat the the east . Undeveloped property also owned by the app south and 135th Avenue forms the western boundary of this development 4. Site Information and 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 . Th applicant proposes to create 31 single family residential lots ranging between 7,500 and 8,500 square feet. Morning Hill Drive and 131st Avenue will be extended south to an east west street that will direct traffic west to 135th Avenue. The eastern portion of the subdivision (Lots 125-128) is close to the drainageway . This development and associated grading is not intended to interfere with the drainageway . 5. Agency and NPO Comments ,The Engineering Division has the following comments : a. Provisions must be made to extend the public sanitary and storm drainage system to the south to accommodate future development "upstres.m" b. No direct access should be permitted onto 135th Avenue The entire right--of-way for Morning Hill Drive should be dedicated at this time . d The proposed L.I .D. for 135th Avenue and Mhrrra Bl e d. will ill effect this development, particularly vacation of the "old" portion of 135th Avenue. e The access for Lot 142 should be as far east as possible and Lots 141 and 150 should have access only to the cul -de-sac . f . A non remonstrance agreement related to street improvements should be executed . If the method shouldI.D is rbeddevised to r to recording the final plat, transfer the assessment to the individual lots The Building Inspection Division has the following comments' a. All lots should be required to slope toward the streetr drainage purposes If this is not possible, an appropriate storm drainage system will be necessary STAFF REPORT - S 17- 86 - PAGE 2 b. Lots which have any fill , such as the eastern lots, will require an 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 adequate capacity is available to accommodate the number of students anticipated by this development The Tigard Water District has no objection to the request No other comments have been received. 8. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2. 1 . 1 , 3 . 1 . 1 , 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 . 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 upo.i 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 . 1 . 1 will be satisfied provided that Lots 125 128 are graded as shown in the utilities and site grading plan A detailed grading plan including profiles and a method for preserving as much existing vegetation as possible should be developed . Encroachment into the drainageway will require a Sensitive Lands permit . c Policy 7. 1 .2, 7. 3 . 1 , and 7. 4 4 are satisfied because adequate water, sewer, and storm drainage facilities can be made available to the development and adjacent properties The applicant also indicates that these facilities will be provided within the subdivision as required by City standards . d Policy 8 . 1 . 1 will be satisfied when all acceptable methods for access is provided for Tax Lot 102. This develenment should not be platted until this issue is resolved . e. Policy 8. 1 . 3 will be satisfied when the conditions of approval relating to street improvements are completed STAFF RFPORT - S 17 6 — PAGE 3 1 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 18.56 of the Code is satisfied because the proposal meets all of the requirements of the R-4.5 and R-25 zones . b. Chapter 18 . 150 will be satisfied as a condition of approval When possible, all trees over 6 inches in diameter will be saved 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. C. RECOMMENDATION Based upon the findings, and conclusions above, the Planning staff recommends approval of S 17-86 subject to the following conditions : 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL. BE MEI PRIOR 10 RECORDING THE FINAL PLAT. 2. Standard street improvement including concrete sidewalks, concrete curbs, streetlights, concrete driveway aprons, mailbox clusters, storm drainage, utilities and a t iffic landing (at the intersection of 135th) shall be installed. Said improvements along SW Morning Hill Drive shall be built to minor collector street standards and conform to the alignment of existing adjacent improvements (being 60' R/W and 36' curb to curb) . 3 . Standard street improvement including concrete sidewalks, concrete curbs, streetlights, concrete driveway aprons, mailbox clusters, storm drainage and utilities shall be installed along the balance of the proposed subdivision streets said improvements shall be built to local street standards (50' R/W and 34' curb to curb) . 4. Seven (7) sets of plan-profile public 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 to the Engineering Section for approval 5 Sanitary sewer and storm sewer plan-profile details shall be provided as part of the public improvement plans. Facilities shall be extended to provide for future development of adjacent undeveloped parcels . STAFF REPORT - S 17-86 - PAGE 4 1 6. A detailed grading plan for lots 125 through 178 shall be submitted for Engineering and Building Division as part of the public improvement plans which includes the following: a. Grade profiles b. Engineer's report for Building areas that receive fill c . Plan which will preserve existing vegetation to the maximum extent possible. '. Additional right-of-way shall be dedicated to the public along the SW 135th-Murray Road frontage to increase the right-of-way to 35 feet from centerline. The description for said dedication shall be tied to the existing 135th Avenue right of-way centerline as established by Washington County . The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE AVAIIABIF Al 1111 ENGINEERING OFFICE AT CITY HALL. 8 . 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 Bond, the payment of a permit fee and sign installation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or • concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING, AND AGREEMENTS. 9. The applicant shall provide for roof rain drainage to the public stormwater system. Where lots drain away from public roads, facilities shall be provided to eliminate runoff problems . 10. The applicant shall provide for connection to proposed buildings to the public sanitary sewerage system. A connection permit is required in conjunction with Building Permit issuance. 11 . 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 12 , A permit shall be obtained by the applicant from the City (Authority: Tigard Municipal Code, Chapter 18.84) for land form alteration on slopes of twenty-five percent or greater and within drainageways) . 13 Street Centerline Monumentation 1 . In accordance with ORS 92 .060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement STAFF REPORT - S 17-86 - PAGE 5 1 2. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. 3. The following centerline monuments shall be set: a. All centerline-centerline intersections . Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; b. Center of all cul-de-sacs; c . Curve points. Point of intersection (P. I. ) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.0 and E .C. ) . d. All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 14. The Locations of all existing trees over 6 inches in diameter shall be illustrated and a site plan for Lot 125- 128. Justification shall be provided for the removal of any of these trees . 15. The applicant (and the owner of Tax Lot. 102) shall submit a conceptual plan for providing an acceptable means of access to Tax Lot 102 . 16. The applicant shall submit a non-remonstrance agreement for street improvements for 135th Avenue and Murray Blvd . If the local improvement district is formed prior to recording the plat, the applicant shall develop a method acceptable to the City, for dividing the L.I.D. assessment between the individual lots . 17. After review and approval by the Director of Community Development and the City Engineer, the final plat shall be recorded with Washington County . 18. This approval is valid if exercised within one year of the final approval date noted below. / 111-'77Z41 - PREPARED BY . Keith S. Liden APP'ROVrD BY William A. Monahan Senior Planner Director of Community Development (KSL:bs2768P) STAFF REPORT - S 17-86 - PAGE 6