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Hearings Officer Packet - 04/23/1987 - Krueger Dev Co i I MEM S � HEARING OFFICER 111.1111111 3/87 Krueger Development Company S 87-03 and SL 87-01 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s) : S 87-03 and SL 87-01 2 . Name of Owner: Margery F. Krueger 3. Name of Applicant: Krueger Development Co. Address 1 335 SW 66th # 40' City Portland StateOR_Zip 97225 4. Location of Property: Address Immediately west and north of SW Wilton Avenue but east _gf SW Scholls Ferry Road. Legal Description (WCTM 1S1 33CD lot 2001 . —_ 5. Nature of Application: F•r a .• . ' - ' 60 - • • • - • - • w - - • • s No. 4) to divide a 13.89 acre parcel into 72 lots between 5200 and 36, 463 sq. ft . in size on property zoned R-25 (Multi-family Residential , 25 units/acre ) . Also a request for a Sensitive Lands Permit to allow fill 6. Action: Approval as requested ing in a drainageway. 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 SHAL.) BE FINAL ON May 19, 1987 UNLESS AM APPEAL IS FILED The adopted findings of fact, decision, and statement of condi..ion can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , P.O. Box 23391 , Tigard, Oregon 97223. 9. Appeal Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.310 which provides that a written appeal may be filed within 10 days after notice Is given and sent . The deadline for filing of an appeal is 4: 30 P.N. May 191 1987 10 Questions: If you have any questions, please call the City of Tigard Planning Department , 619 4111 0251P BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION) No. S 87-03, SL 87-01 FOR subdivision approval on ) property zoned R-25; Krueger Development Co. , applicant. The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of April 23 , 1987 , at the Tigard Civic Center Town Hall Room, in Tigard, Oregon; and The applicant requests subdivision approvals to divide 13. 89 acres into 72 lots and for a sensitive lands permit to allow filling and a drainageway, propert:y, described as Tax Lot 200, Map 1S1, Section 33CD, City of Tigard, County of Washington, State of Oregon; and The Hearings Officer conducted a public hearing on Apii1 23 , 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; NOW THEREFORE IT IS HEREBY ORDERED THAT S 87-03 and SL 87-01 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 PHASE I OR PHASE II . 2 . That sufficient right-of-way be dedicated now, with this plat, along SW Clanfield to provide for the potent ►.l1 Page 1 - S 87-03, SL 87-01 1 minor realignment of Clanfield Street at the time of future SW Davies Road extension. 3. That the applicant demonstrate that the westerly extensions of SW Corston Street and SW Morning Hill Drive are logical with respect to existing adjacent property lines. 4 . The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Scholls Ferry Road. A copy of said permit shall be provided to the City Engineering Office prior to issuance of a Public Improvement Permit. 5. Additional right-of-way shall be dedicated to the Public along the SW Scholls Ferry Road 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. 6. A one (1' ) foot reserve strip granted to the City of Tigard shall be provided at the terminus of SW Morning Hill Drive and SW Corston Street. 7. Street Centerline Monumentation A. In accordance with ORS 92.060 subsection (2) , the centerlines of all street and roadway right-of-ways shall be monu- mented before the City shall accept a street improvement. B. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway . Page 2 - S 87-03, SL 87-01 C. The following centerline monuments shall be set: (1) All centerline-centerline intersections. Intersections created with "collector" or other existing, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; (2) Center of al] cul-de-sacs; (3) Curve points. Point of intersection (P. I . ) . hen their position falls inside the limits of the pavement other- wise beginning and ending points (B.C. and E.C. ) (4) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 8. 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 area - basin full development serviceability. The location and capacity of existing and proposed (or future) lines shall be addressed . In addition, the applicant shall demonstrate ( 1) that the downstream effect on Tax Lot 800 , Map 1S1 , Section 33C is not significant or that public easements will be provided and (2) that the affect on lots and public streets within the proposal under a 100-year storm is not significant. 9 . The applicant shall provide for roof and site drainage to the public stormwater system. 10 . Public improvement plan review and approval : Upon completion of cursory plan reviewing of all public improvements seven (7) sets of plan-profile improvement construction Page 3 - S 87-03 , SL 87-01 0 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 final approval . 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. 11. A tree cutting permit shall be obtained from the Planning Division prior to removal of any trees over 6 inches in diameter. 12 . If the SW Murray Blvd. and/or SW 135th Avenue Local Improvement District (L. I .D. ) is formed prior to recording the plat for Phase I or II , the applicant shall develop a method acceptable to the City , for dividing the L. I .D. assessment between the individual lots. 13. This approval is valid if exercised within one year of the final approval date. DATED this 5th day of May, 1987 . HEARINGS OFFICER - DFT�- Page 4 - S 87-03, SI, 87-01 6)(11.11.)17 STAFF REPORT AGENDA ITEM 2 . 1 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 87-03, Sensitive Lands S1 87-01 (Cotswald #4) REQUEST: To divide 13 .9 acres into 72 lots ranging between 5,200 and 36,463 square feet in size. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R--25 (Residential, 25 units/acre) APPLICANT: Krueger Development Co. OWNER: Margery Krueger 1335 SW 66th, Unit 402 Rt. 1 Box 792 Portland, OR 91223 Beaverton, OR 97007 LOCATION: Southeast of Scholls Ferry Road and immediately west of Cotswald Meadows subdivision (WCTM 1S1 33CD, tax lot 200 and 2S1 4B, tax lot 101) . 2. Background Information This is the fourth phase of the Cotswald Mead'ws subdivision. Phases 1 , 2, and 3 are immediately east of the subject property and are presently being developed. 3 . Vicinity Information The property is totally surrounded by property that is zoned R-25 (Residential 25 units/acre) . Single family residential development is east in the first three phases of Cotswald subdivision. The proposed Murray Blvd. extension and a five acre area zoned C-N (Commercial Neighborhood) are located to the south. Several parcels occupied by single family residences lie between the subject property and Scholls Ferry Road. 4. Site Information and Proposal Description The property is presently undeveloped. The eastern portion of the property is wooded and a drainageway bisects the parcel on its downhill route toward Scholls Ferry Road. SlAI I RI PORI S 87-03/SI. 81--01 KRUFGER DIV. (COTSWAITI NO. 4) PAGE I The applicant proposes to create a 72 lot subdivision with the majority of the parcels ranging between 5,200 and 6,000 square feet in size. The 36,463 square foot lot adjacent to the Scholls Ferry Road/Clanfield Street intersection is intended for a day care center which will require a separate Conditional Use review and approval. The development is proposed in two phases with Phase I containing Lots 159, 168-217 and Phase II consisting of Lots 155-158, 160-167, and 218--226. One street access is proposed onto Scholls Ferry Road. Ashbury Lane and Morning Hill Drive will continue west from Cotswald No. 3 and two streets are proposed to continue into the residentially zoned properties to the west at some future date. 5. Agency and NPO Comments The Engineering Division presented the following summary of findings and recommendations relative to public streets, storm drainage, and sanitary sewer. a. STREETS The applicant proposes to serve the subdivision from SW Scholls Ferry Road and Cotswald Meadows No. 3 through a series of local street connections. The applicant has also illustrated how the connection to SW Scholls Ferry Road does not preclude the potential extension of SW Davies Road . We would recommend that sufficient right-of-way be dedicated now, with this plat, along SW Clanfield to provide for the potential SW Davies Road Extension. It is also noted that the applicant must obtain a permit from the State Highway Division for improvements to SW Scholls Ferry Road. The applicant has shown two street extensions to the west, namely SW Morning Hill Drive and SW Corston Street. He should demonstrate that these extensions do not negatively impact existing improvements and provide for future logical development of adjacent properties . b STORM DRAINAGE The applicant is proposing to fill and pipe a significant drainageway that runs north-south through the subject property . He has also submitted a preliminary engineering analysis demonstrating that provision has been made for future upstream development. However, two additional items should be addressed: (1) the downstream effect on tax lot 800, map 1S1 33C and (2) the effect on lots and streets within the proposal under 100-year storm frequency conditions. It also appears that the applicant has appropriately extended the proposed storm drainage system to adjacent properties where necessary . STAFF REPOR1 - S 87--03/St 87-01 KRUEGER DEV. (COTSWAID NO. 4) - PAGE 7 c . SANITARY SEWER The applicant is proposing to serve the development from the Weir trunk line near Summer Creek . Here again, it appears that appropriate extensions are being made where necessary to serve adjacent properties. The State Highway Division notes that a left turn lane with appropriate storage width and tapers will be necessary along with a 50 foot right-of-way dedication from centerline. The Washington County Department of Land Use and Transportation states that if the jurisdiction of Scholls Ferry Road is transferred to the County, a 45 foot right--of-way from centerline along with a sidewalk improvement would be required. Washington County Fire Districr. No. 1 states that all residences must be within 500 feet of a fire hydrant. Beaverton School District indicates that Beaverton High and McKay Elementary are over capacity but the District is in the process of rectifying the situation. Tigard Water District has no objection to the request. The Building Inspection Division notes that any fill placed on lots will require a soils engineer report prior to issuance of building permits. 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, 6.6. 1, 7. 1 .2, 7. 2 . 1, 7.3 . 1, 7.4.4, 8 . 1 . 1, and 8. 1 .3 and Community Development Code Chapters 18.50, 18.44, 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 with modifications 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 calls for the protection of vegetation and natural drainage courses . The drainageway only carries water seasonally and no special protection is prescribed in the Bull Mountain Community Plan, but the trees on the site should be protected t_ the maximum extent possible. The trees on the site may only be cleared after receiving staff approval . STAFF REPORT - S 87-03/Sl 87 01 KRUFGFR DIV. (COTSWAL D NO. 4) PAGE 3 a c. Policy 6.6. 1 required buffering between different land uses. When residential development occurs adjacent to C—N property, a 10 foot wide landscaped buffer with screening is required. Lots 220-223 will have a sufficient setback through the 15 foot building setback requirement for rear yards. d. Policy 7.2. 1 will be satisfied when additional engineering work is completed for accommodating storm drainage above and within the development. The Washington County Dull Mountain Community Plan which applied to the property prior to annexation, identified a drainage swale running south to Summer Creek which lies within this phase of the subdivision. It is regarded as a natural feature that must be considered, through a Sensitive Lands review, during the development of the property but it is not classified as a significant wetland or wildlife habitat area requiring special protection. e. Policy 7. 1 .2, 7.3. 1 , and 7 . 4 .4 ari, satisfied because adequate water, sewer, and storm drainage facilities are available to the development. the applicant also indicates that these facilities will be provided within the subdivision as required by City standards. f. Policy 8. 1 . 1 calls for a safe and efficient street system that meets current and projected needs. The plat appropriately allows for the connection of local streets and an alternate access tc Scholls Ferry Road. The proposed westerly street extensions of Corston Street and Morning Hill Drive may need to be modified to provide an appropriate street location for the adjoining properties . g. 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 with modifications, is consistent with the relevant portions of the Community Development code based upon the findings noted below: a. Chapter 18.50 of the Code is satisfied because the proposal meets all the requirements of the R- 25 zone. b. Chapter 18 .84 is satisfied because appropriate measures are being proposed to mitigate any storm drainage problems related to the filling and regrading of the property. 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. STAFF REPORT S 87- 03/SI 87-01 KRUFGER DEV. (COTSWAID NO. 4) PAGI 4 C. RECOMMENDATION Based upon the findings and conclusions above, the Planning staff recommends approval of S 87-03/SL 87-01 subject to the following conditions: 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRI0R 10 RECORDING THE FINAL PLAT FOR PHASE I OR PHASE II. 2. That sufficient right-of-way be dedicated now, with this plat, along SW Clanfield to provide for the potential minor realignment of Clanfield Street at the time of future SW Davies Road extension. 3 . That the applicant demonstrate that the westerly extensions of SW Corston Street and SW Morning Hill Drive are logical with respect to existing adjacent property lines . 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Scholls Ferry Road. A copy of said permit shall be provided to the City Engineering Office prior to issuance of a Public Improvement Permit. 5. Additional right-of--way shall be dedicated to the Public along the SW Scholls Ferry Road frontage to increase the right--of way to 30 feet , •wm centerline. The description for said dedication shall be ..ed to the existing right-of-way centerline as established by Washington County . 6. A one (1 ' ) foot reserve strip granted to the City of Tigard shall be provided at the terminus of SW Morning Hill Drive and SW Corston Street. 7. Street Centerline Monumentation A. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right--of-ways shall be monumented before the City shall accept a street improvement . B. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway . C. The following centerline monuments shall be set: (1) All centerline-centerline intersections . 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: 'AM ! Rt PORI s R/ 0t/H 87 01 KRUEGER DIV. (COTSWAID NO. 4) PAGE 5 (2) Center of all cul-de—sacs; (3) Curve points. Point of intersection (P.I . ) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C. ) . (4) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 8 . 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 Qxisting and proposed (or future) lines shall be addressed. In addition, the applicant shall demonstrate (1) that the downstream effect on tax 800, map 1S1 33C is not significant or that public easements will be provided and (2) that the affect on lots and public streets within the proposal under a 100—year storm is not significant.-7j 9. The applicant shall provide for roof and site drainage to the public stormwater system. 10. Public improvement plan review and approval : Upon completion of cursJry plan reviewing of all public improvements 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 to the Engineering Section for final approval . 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. 11 . A tree cutting permit shall be obtained from the Planning Division prior to removal of an. trees over 6 inches in diameter. 12 . If the SW Murray Blvd. and/or SW 135th Avenue Local Improvement District (L.I .D. ) is formed prior to recording the plat for Phase I or II, the applicant shall develop a method acceptable to the City, for dividing the L.I.D. assessment between the individual lots. STAFF RI PORT S 87--03/SL 87-01 KRUE.GER DEV. (COTSWAI D NO. 4) -- PAGE' 6 13. This approval is valid if exercised within one year of the final approval date. PREPARED BY: Keith 'Aden APPROVED BY: William A. Monahan Senior Planner Director of Community Development (KL:cn/3140P) STAFF REPORT -- S 8/ 03/ti1 87 01 KRUEGFR DIV. (COTSWAID NO 4) PAGI 1