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Ordinance No. 78-35 CITY OF TIGARD, OREGON ORDINANCE NO. 78- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY HARLEY R. ADAMS FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT THE INTERSECTION OF S.W. KATHERINE AND TIGARD STREETS AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2BB, TAX LOT 100 FROM CITY OF TIGARD R-7 SINGLE FAMILY RESIDENTIAL TO M-4 P.D. INDUSTRIAL PARK PLANNED DEVELOPMENT AND ADOPTING THE ATTACHED EXHIBITS A, B, AND C, AND FIXING AN EFFECTIVE DATE. ? i THE CITY OF TIGARD ORDAINS AS FOLLOWS: _ z SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as City of Tigard R-7, and further finding that pursuant to prescribed procedures, the _ above-stated application was heard in public hearing by the Tigard Planning Commission on April 18, 1978, and all interested persons f were there and afforded an opportunity to be heard, and thereafter the Planning Commission filed its report with the City Recorder, which recommended approval, a copy thereof hereto attached and by reference made a part hereof, the Council adopts the followin, ! substantive findings: A. That the application conforms with NPO #2, as adopted; and B. That the applicant has shown a community need for the r proposed development on the site herein described; and 4 t C. That it has been shown there would be no adverse impact from the proposed development on adjacent sites, occupants, or activities or on the immediate neighborhood that cannot ; be mitigated successfully by attachment of appropriate conditions; and G' D. That with the attachment of appropriate conditions the provision of services will be readily available on the site. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicant's request for an amendment of the Tigard Zoning Map of 1970 to zone those lands described in the attached Exhibit "A" for residential planned development is hereby approved subject to the provision of 18.56, Planned Unit Development Zone of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identified as follows: n Exhibit "A" - Legal Description Exhibit "B" - Stuff Report Exhibit "C" - General Plan and Program Ordinance No. 78- ZC 4-78 And furtf subject to the following conditions: 1 . If substantial construction or development has not taken place within one (1) year of the effective date of this zone change the property shall revert back to the present R-7 zone. 2. A half street improvement to local street standards be provided along the Katherine Street frontage (to include meandering sidewalks and, if necessary, curb to protect the existing trees) . 3. Five feet of right-of-way be dedicated along the Katherine Street frontage for street improvement purposes. The improvements shall be designed to protect the large oak tree at the intersection of S.W. Katherine and Tigard Streets. 4. That offices will be the primary use, with secondary uses ancillary to the office uses and subject to the following criteria. a. Low traffic generators. b. Low generators of noise. c. Non-labor intensive. d. Uses confined -to storage rather than manufacturing assembly and processing. 5. That the developer agree to provide joint access with Tax Lot 200 at such time as that lot is developed by the Planned Development. Landscaping would be placed within the area on Tax Lot 100 where the access width is to occur. In order to assure future joint access a joii.t access agreement shall be recorded with the deed of Tax Lot 100. 6. That zero setback be required along the west property line and five (5) foot setbacks along the south and east property lines. SECTION 3 This ordinance shall be effective on and after the 31st day after its passage by the Council and approval of the Mayor. PASSED: By ��,�mn, esus vote of all Council members present this day of 1978, after being read two times by number and title only. Recorder City o igard APPROVED: By the Mayor this .12 h day of 141a,41978. Page 2 Ordinance No. 78 � � Mayor City of Ti a d ZC 4-78" EXHIBIT "A" ' c s Beginning at an iron pipe at the Northwest corner of Lot 22 of NORTH TIGARDVILLE ADDITION, AMENDED, a duly recorded subdivision of t Washington County, Oregon, running thence South 0° 45' West along the Tlest line of said Lot' 22, a distance of 184.3 feet to an iron pipe; thence South 71° 40' cast 324.3 feet to an iron pipe at the true place of beginning of the tract to be •described- running thence North 180 20' East 306.2 feet to an iron pipe on the North line of Lot 21 of said NORTH TIGARDVILLE ADDITION, AMENDED, thence South 89° 23' West along the North line of said Lot 21 a distance of 116. 3 feet; •thence South 180 20' West 268.43 feet to a point which is North 710 40' West 110 .feet from-the place of beginning; thence South 71°. ! 0 ' East 110.0 feet to the place of beginning, being situated in the County of Washington, State of Oregon. t AFTER RECORDING RETURN TO: Messrs. Harley R. Adams and Mr. and Mrs. Richard A. Uffelman 11644 SW Pacific Hwy. < x Tigard, Oregon 97223 jp� 00 STATE OF OREQQ D ry county of washinvon 3S : Y 1, Roger Than* n, Oimctor of Records and Elections and Ex-Officio Recorder of Con- veyanew for said eaunty, do hereby certify that the within instrument of writint vaee received and recorded in book of records No. of aid county Witness spy hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections m Auc 18 12 is PH"77 STAVF REPORT AGENDA 5.2r TIGARD PLANNING COMMISSION ���'Y�� April 18, 1978 Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon f Docket: Zone Change ZC 4-78 Request: For General Plan and Program Review of an Industrial Planned Development and Zone Map Amendment from R-7 "Single Family. Residential" to M-4 PD, "Industrial Park" Planned Development on a .61 acre parcel. Location:. Intersection of S.W. Katherine and Tigard Streets (Nash. Co. Tax Map 2S1 2BB, Tax Lot 100) . Applicant: Harley Adams { I. Findings of Fact: i 1. The applicant is requesting general plan and program review in accordance with Section 18.56.030 of the Tigard Municipal � Code for a .61 acre industrial planned development at the intersection of S. V. Katherine and Tigard Streets. 2. The site is designated on the NPO #2 Plan map as "Industrial" (office) and currently zoned R-7 "Single Family Residential" 3. Section 18.56.010 of the Tigard Municipal Code states that: Purpose. The purpose of the planned development district is to provide opportunities to create more desirable environ- ments through the application of flexible and diversified land development standards under a comprehensive plan and program professionally prepared. The planned development district s intended to be used to, encourage the application of nciv 'techniques and nese technology to community development which will result in superior living or development arrangements with lasting values. It is further intended to achieve economies in land development, maintenance, street systems, and utility networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation, and the general well-being of the inhabitants. 4. Section 18.56.030 of the Tigard municipal Code provides for general development plan and program approval by the Planning Commission after receiving approval in principle of the preliminary plan and program and the applicant has petitioned for an amendment of the zoning map in accordance with Chapter 18.88. S. Applicable language from the NPO #2 Plan text is as 'follows: The relationship of this property to the adjacent industrial z STAFF REPORT AGENDA 5,2 TIGARD PLANNING C0MIISSION April 18, 1978 Page 2 • f buildings (Tigard Industrial Park) renders these properties undesirable for residential use and it is recommended that these properties be used for office -pace with the existing Tigard Industrial Park_ -Offices should be located on this site with the greatest concern: for compatibility with the adjacent residences and . ., should include screening by means of fencing and land- scaping. In addition, only single story buildings, ..in scale with -the adjacent homes, should be permitted. Vehicular access should be gained through the industrial park rather than putting business traffic on Katherine Street. A change in zone to permit this office use should only be approved as- an M-4, Industrial Park zone, k with an overlying PD, Planned Development zone. This would ensure that the property would be developed according to the site development plan approved at the time of the zone change. A condition of the zone change should stipulate that if the project, is not constructed, j both the ISI-4, and PD zones will revert to the original R-7 residential zone. Once the Planned Development has expired', the underlying industrial zone could be developed with any of the uses permitted in that zone. t 6. On March 7, 1978, the Tigard Planning Commission approved the preliminary plan and program for this proposed E: development subject to the following conditons: 1. A half street improvement to local street standards 4 be provided along the Katherine Street frontage for Phase 1 (to include meandering sidewalks and if necessary, curb to protect the existing trees) . 2. Five feet of right of way be dedicated along the Katherine Street frontage for street improvement purposes. In the• event that the three large street trees along the Katherine Street frontage lie within the necessary right of way, the improvements will be designed to protect them. 3. That the site plan be revised to show offices as the. primary use in Phase 1, with secondary uses ancillary to the office's uses and subject to the following criteria: a. Low traffic generators b Low generators of noise c. Non-labor intensive d. Uses confined to storage rather than manufacturing, assembly and processing. 4. That Phase 1 develop with a 301 wide access from SW Katherine Street. Developer agree to provide joint access with Tax Lot 200 at such time as that STAFF REPORT AGENDA 5.2 TIGAI?D PLANNING COMIMISSION April 18, 1978 Page 3 tax lot is developed by the Planned Development. Landscaping would be placed within the area on Tax Lot 100 where the reduction in the access width is to occur. IV. 5. That Phase 1 be required to use a zero setback along the west property line and 5 foot setbacks along the south and east property lines with no increase to the square footage of the building. This is not intended to provide for a larger building, but rather more landscaping on the Katherine Street side. iII . Staff Findings and Observations: 1. The site is currently occupied by a single family residence which would be razed to make way for a 10,500 square foot building. Surrounding land use is industrial to the north, east and south and single family to the west. 2. The applicant has essentially incorporated into his general Plan and program the conditions- of preliminary plan approval with the following exception: Condition 2. 4 . in the event that the three large trees along the Katherine Street frontage lie within the necessary right of way, the improvement will be designed to protect them. ,t The applicant has surveyed the property and has found that there are two fir trees well Within the right of way and would therefore have to be removed to facilitate the t necessary street improvements. F III . Conclusionary Findings: 1. The applicant has essentially incorporated into his general plan and program the Planning Commission require- ments equire ments of preliminary plan approval. ; . E 2. The proposed single story building is in scale with the surrounding neighborhood and the allowed uses will help +o assure compatibility with adjoining properties as required by the NPO plan. Vehicular access will be gained close to the intersection of S.W. Katherine and Tigard Streets, thus helping to reduce the traffic impacts onthe established neighborhood. 4 I E STAFF REPORT AGENDA 5.2 TIGARD PLANNING C0MMISSION April 18, 1978 Page 4 IV. Staff Recommendation: Based on staff findings of fact and conclusionary findings staff recommends approval of the general plan and program and .. zone map amendment. from R-7 to M-=4 PD with.the following conditions: 1. Yf substantial construction or development has not taken place within one (1) year of the effective date of this zone change the property shall revert back to. the present R-7 zone. 2. A half street improvement to local street standards be provided along the Katherine Street frontage (to include meandering sidewalks and, if necessary, curb to protect the existing trees) . 3. Five feet of right of way be dedicated along the Katherine Street frontage for street improvement purposes. The ; improvements will be designed to protect the large oak tree at the intersection of Stix Katherine and Tigard Streets. 4. That offices will be the primary use, with secondary uses ancillary to the office uses and subject to the following criteria: a. Low traffic generators b. Low generators of noise C. Non-labor intensive d. Uses confined to storage rather than manufacturing assembly and processing. . 5. That the developer agree to provide joint `access with Tax Lot 200 at such time as that lot is develop-ed by the.. Planned Development. Landscaping would be placed within the area on Tax Lot 100 where the access width is to occur. In order to assure future joint access a joint access agreement shall be recorded with the deed of Tax Lot 100. 6. That zero setback be required along the west property line and five (5) foot setbacks along the south and east property lines. ZONE CHANGE NARRATIVE (Katherine Street Group) r'v i COMPREHENSIVE PLAN: The proposed plan is as designated by the Tigard Comprehensive Plan, N.P.O. #2. The plan asks for M-4, P-D/Office, which is what our plan provides, relating to the adjacent residential uses in bulk, placement and design of the buildings. COMNUMITY NEED & PUBLIC BENEFIT: Office/warehouse use is the only appropriate use for this site. It is on the edge of an industrial area, adjacent to residential, and surrounded on 2 sides by an existing warehouse. Because of this warehouse, and, the impact of its large blank walls on the adjacent properties, residential use is not appropriate. The community will be benefitted by filling in this "hole" and by providing a project that relates to the street and to the adjacent residences. The project will also provide services for the community, by its occupants, and employment for the community. The fire hazard will be reduced by providing new buildings, built under U.B.C. , in Fire Zone 2. The. sanitation will be improved because the project will connect to public sewer rather than be on septic tanks, and public safety will be improved by reducing by one the number of driveways off the site and by providing a wider street with a sidewalk for pedestrians. The community tax base will also be increased by the higher value of the proposed buildings. 18.56.020 Preliminary Development Plan and Program 1. PLAN ELEMENTS A. Proposed land uses and densities Proposing office and warehouse uses with parking and land- skaping. We are proposing a total of 24,890 sq.ft. + of 'building of which approximately 2,280 sq.ft. are on the second floor, a mezzanine level, of the office space. The second floors occur with 600 sq.ft. Phase I, 560 sq.ft-, in Phase II and 1120 sq.ft® in Phase III. This leaves a total ground coverage of office space of 7,920 sq.ft. The building coverage is broken down according to the table below: Phase Site sq.ft. sq.ft. Whse. Total Bldg. Total Blds. �Pp«� sq.ft. sq.ft. % of Site I 26,572 1,600 8,640 10, 240 38.5 II&III 35,720 4,320 6,050 10,370 29.0 IV 26,572 2,.000 - 2,.000 7.5 72,310 7,920 14,690 22,610 31,3 + 2,280 2nd floor 24,890 -total bldg. B. Building types and intensities We propose one small office building and one larger building with both office and warehouse use. The bulk of this building is warehouse with the office section attached. C. Circulation pattern Two driveways .with parking off -each end as shown on the plan. D. Parks, playgrounds, open spaces - None are provided on this plan, . but it should be noted that a park is nearby to the south with pedestrian .access through Karol Court. - 2 - , `• I (fit... . 2 - E. Existing natural features - The site is generally level, sloping gently to the south. There are three large trees on the N.E. corner of the site, 2 firs and 1 oak, apparently in the road right-of-way. We have shown that these trees would remain and would like to work with the appropriate agencies in the City to see if these trees can be saved. 2. PROGRAM ELEMENTS A. Applicants market analysis of proposed use to be provided as necessary with the "General Development Plan and Programa . B. Proposed ownership pattern - Ownership pattern would remain a:s is, Phase I, Phase II & III, and Phase IV each owned separately. C. Operation and maintenance proposal - To be maintained under private ownership, as shown by Phase I, Phase II & III and Phase IV, D. Waste disposal facilities - At this time we expect to gain an easement through the ware- house property to the south. We will connect sanitary sewer to the public line and drain storm water into Fanno creek. E. Lighting - Area lighting will be provided on the building. F. Water supply - Connect to public water line on Kathrine Street. G. Public -transportation None provided, H. Community facilities - None provided. I. General timetable and development - Phase I to be built within a year and the remaining phases to follow according to the requirements of the owners. ;� - 3 3 Special Note Phase I: WrCT=I are shown for the purpose of land use calcu- lations. Projections on these parcels are without the partici- pation of •the owner. Based on our experience with the develop- ment of similar parcels, the percentages of building, landscape,• parking, etc. , will be the same no matter who develops this parcel. • j z I Y fc` S f r 4 , Accompaning the M4 zone change is the additional request to vary setback requirements on Lots 1 QCJ• and On Lot �bC1 , we request a zero setback where 20' is required. This is as much to the advantage of the development of this lot as it is to the adjacent. Lot This will allow them to have a zero setback also, and give more of a "flow" to the buildings in their respective phases of development, rather than a bunch of patchy little buildings developed lot by lot. On Lot —=34ap; we show a 10' setback, this actually was intended to be a 15' . It is our intent to show the proposed building on this lot as near a residential scale as possible. The 50' setback called for, front and back, would practically wipe out this parcel of land. We feel the blending of zones we are attempting to promote is accomplished both by the reduction of building scale, and the reduction of setback scale. i t s it F 9 .:1 +► INy Sol eOwl F � an '1 ` MINUTES TIGARD PLANNING COIMISSION April 18, 1978 Fowler Junior High School - .Lecture Room 10865 S.W. Walnut St . - Tigard, Oregon I. Call to Order: Meeting was called to order 7:40 Plti 2. Roll Call : Present: Tepedino, Popp, Quimby, 'Wood, Rossman, Brian Sakata Excused Absence: Corliss 3. Approval of Minutes: The minutes of April 4, 1978 were approved with the following corrections: Tepedino stated at the top of page 6 "intelligence or put something over"; ' Wood added two additional comments under the discussion of the Church of God sign - 1) the commission concurred that the church's proposed new sign was acceptable and there was no need to review it prior to construction and 2) they also agreed that all such signs (new to replace previously approved ones) should be looked at by the Planning Commission members. 4. Communications: Staff stated there were none at this time. 5. Public Hearings: 5.1 ZONE CHANGE ZC 5-77 (Wedgewood) NPO ? A request by Wedgewood Homes for a preliminary plan and program review for a Planned Unit Development including 48 multiplex units, 68 attached units and 232 detached units for a total of 348 units, and a zone map amendment from Washington County RS-1 to City R7 PD, "Single Family Residential" Planned Development on a 68.31 acre parcel at .the corner of SIV 135th and Walnut Streets (Wash. Co. Tax Map_1S1 33D, Tax Lot 700 and 2Sl 4A, Tax Lot 700) . A. Staff Report: Read 'by Laws B. Applicant 's Presentation Gene Ginther, stated he has a close working relationship with staff, and that this plan is intended for general concept approval and the next step (plan and program) would provide all details stated as missing by staff. He explained major traff.ice circulation plan and modification '� r� . MINUTES .. TIGARD PLANNIN -,OMISSION ` April 18, 1978 Page ,2 John Cline, Pres. of Wedgewood Homes stated that all- .units proposed -will be for sale and no rentals, referring to a previous development on Murray . Blvd. as examples of '.the quality of their homes• He explained the location of townhouses to relate to Greenway and also to provide indoor-outdoor .pool to compensate for higher density. He presented slides of the types of units that were proposedand stated the - intent of, the frontage road was to provide privacy 'and eliminate back yards on major streets. He also pointed out their atteript to blend this development with the natural environment. *Wood questioned the impact on the schools stating that Single Family would be the same as Single Family Attached. *Ginther 'stated his comments were based on several studies (Reedville, Beaverton School District, Lake Oswego) *Wood asked why the .school children generated by Single Family a Attached are the same as Single Family and and if there was any reason not to assume the proposed larger attached units would not generate the same children and- traffic as the Single Family. *Quimby questioned control of the storm water detention system..and whether someone would be paid to control the water release Gordon McPherson, stated that the system is a passive system and acts like a catch basin and doesn't require manual control; he .showed a diagram and explained how the system worked. *Quimby asked where the overflow water would go. *McPherson responded the water would be chanelled to the natural watercourse from detention ponds. Road system would also have catch basins which will follow minor natural watercourse. *Tepedino asked if the road run-off would be directed up or downstream from the detention ponds. *McPherson stated the system was designed to provide for maximum control the flow depends on the terrain., *Sakata questioned the statement of no rentals *Applicant stated that he could not stop the individual from renting after he purchased it. *Wood asked if there was any sort of control which could be exerted over the conAi.tion of sale to eliminate the rental problem *The applicant stated they will only sell one unit per individual. _ C. Public Testimony: a. Proponent's Reuben nacklin, representing Sunamoto:'s asked that consideration be given to property owner's right to sell for the highest and best. use. ■ MINUTES TIGARD INNING( XIMISSION C April 18, 1975 Page 3 b. Opponent's Mr, and kfrs. Sch'rauger submitted a letter for the Planning Commission registering their opposition to the. placement of multi-units citing increased traffic problems. Mr. Selliken also .submitted a letter of opposition. Richard Bodyfelt, acting for Bonnie Owens, Chairwom n of NPO n7, submitted a statement in' opposition to the proposal because the NPO #7 plan has not yet been adopted. Lavelle Helm, 13280 SW Walnut asked what would be across from her home, expressed opposition to multi-plex.units, asked what type of entrance and where would it be from Walnut, .-asked how many 10,000 square foot lots there would be. Laws pointed out where multi-plex units would be and where access wd'uld be. Applicant could not say at this time the number and size of all of the lots and stated that would be addressed in the general plan and program. Richard Bodyfelt , questioned the ability of Walnut to handle the increased traffic and cited dangerous access to Walnut due to terrain. He also questioned the placement of multiplexes in a Single Family corner, and stated he would prefer locating them more centrally in the development. He submitted a petition reprresenting '52 residents of the area in opposition. Bibianne Scheckla, 10980 SW Fairhaven Way, opposed multi- family .units abutting existing single family units and added that the development was not sensitive to existing backyards of residents. John Overbill, 13320 SN Walnut, was concerned over the impact of the development in relation to the extension of 135th. D. Staff Recommendations: Based on staff findings and conclusionary findings, staff recommends approval of the preliminary plan and program and that the general plan and program address the following points when submitted. 1 A half street improvement to county collector standards (44' pavement 8 foot sidewalks be provided along the 135th street frontage. ) ■ MINUTES TIGARD PLANNING X111ISSION April 18, 1978 Page 4 2. A half street improvement to county collector'standards (40' pavement 8 foot sidewalk or an equivalent improvement 'per" Wash. Co. Public Works Department) approval be provided along the Walnut Street frontage. 3. A landscape architect (with acceptable expertise) be included on the design team Xor the planned development. :5 4.• A detailed landscape plan be submitted nailing part icularl:,*-_`' attention to drainage areas, the buffex on SAY 135th and SIS' Walnut, street trees, sidewalk locations and landscape islands within the cul-de-sac street's. 5. The street tree and sidewalk plan for.. SW_ 130-th be. co- ordinated with the Summer Lake.Planned Development. 6. The •,units along SW 135th and Walnut Streets be allowed a minimum of 12 feet frontyard setback for the house and 20 feet yard setback for the garages. 7. The applicant work with staff toenlarge the width of the buffer strip wherever possible. 8. An 8 foot wide asphalt pedestrian path be provided through the "greenway". 9. The number of attached single family units, approximate lot areas and proposed setbacks and access points be shown. 104. That Phase II be subject to Planning Commission review. REBUTTAL Ginther, Applicants Engineer, was agreeable to staff recommendation and addressed some of the concerns raised in opposition. concerning multi-plexes in .which he referred to ,the NPO 7 plan and framework plan and he .also addressed the problems on Walnut. Scheckla spoke for the people on 129th, having been asked by Mr. Allori . E. Commission Discussion: Wood questioned the validity of the data on school and traffic impacts based on proposed types of attached units. He felt there was no reason not to expect similar impact as detached units; he .felt allowing the full 348 units' as proposed was a serious question; questioned the-2-story units backing up to single story; recommended reducing density back or near the underlying zone and increasing the size of detention ponds (50% error factor) to ensure sufficient capacity. Other than that, he was generally in favor. f MINUTES 4 TIGARD PLANNING C011MISSION j April 18, 1978 Page 5 Rossman, opposed based. on the NPO 7 opposition and statement of surrounding residents. • ,T•. Brian favored the general concept but saw the need for reducing density and additional open recreation space. Sakata questioned the density and the very small 3000 square foot lots for multiplex units; also was concerned . by the impact on Beaverton School District and referred to ,a letter from Walt White. Quimby expressed concern for 'school impact; the multiplex lots were too small; and stated there was not enough play area for. children within the development. Tepedino stated all of his concerns had been expressed. Popp expressed concern for density and up/down units; impact on the surrounding single family area; favored common wall units but more single family style area, not the typical area for multi-units; favored the basic concept but should be lowered density.and more recreation area, more single family character and there was a need to address' a detailed detention system as. part of the final plan approval. Wood moved for approval based on staff findings and rec-- commendations and adding the following conditions; 11) That construction abutting 129th and 200 feet north of Walnut Street be limited to single family attached or detached units. 12) The overall density of the project be more closely brought in compliance with. the underlying R-7 zone. 13) The applicant must show justification for a higher density than the R-7 zone, but in no case more than 300 units. 14) That the reduction in the multiplex density be used. to expand the open space area within the development for both active and passive recreation. 15) That storm water detention be designed to 150° of the 100 year flood limits. Brian second the motion It was approved 5-2 Sakata and Rossman_ voting no. 5.2 ZONE CHANGE ZC 4-78 (Harley Adams) NPO 2 A request by Harley Adams for a general plan and program review of an industrial Tanned development and a zone map amendment from R 7 "Single. family Residential" to IbI-4 PD "Industrial Park" Planned Development on a .61 acre parcel at the intersection of SW Katherine and Tigard Streets (Wash. Co. Tax Map 2S1 213B, Tax Lot 100) . MrNUTES, . TIGARD PLAN, C ;ISSJ . April 18, 1978 Page 6 A. Staff Report: Read by Laws B. Applicant's Presentation: Tom Hamman, Project Architect, spoke to changes from the preliminary plan and the modified shape of the building with a better and more flexible design about 200 feet less floor area which was much lower than the .originai. - 5 C. Public Tbstimony: None D. Staff Recommendations: Based on staff findings of fact and conclusionary findings staff recommends approval of the general plan and program and zone map amendment from R-7 to M-4 PD with the follotiving conditions: 1. If substantial construction or development has not taken place within one (1) year of the effective date of this zone change the property shall revert back to the present R-7 zone. 2. A half street improvement to local street standards be provided along the Catherine Street frontage (to include i meandering sidewalks and, if necessary, curb to protect s the existing trees) . 3. Five feet of right of way be dedicated along the Katherine Street frontage for street improvement purposes. The improvements will be designed to protect the large oak tree at the intersection of SW Katherine and Tigard Streets. 4. That offices will be the -primary use, with secondary uses ancillary to the office uses and subject. to the following criteria: a. Low traffic generators. b. Low generators of noise c: Non-labor intensive. d. Uses confined to storage rather than manufacturing assembly and processing. - 5. That the developer agree to provide joint access with Tax Lot 200 at such time as that lot is developed by the Planned Development. Lanscaping would be placed within the area on Tax Lot 100 where the access width is to occur. In order to assure future joint access a joint access agreement shall be recorded with the deed of Tax Lot 100. 6. That zero setback be required along the west property line and five (5) foot setbacks along the south and east property lines. , E. Commission Discussion: MINUTES TIGARD PLANNING COM!'JISSION ` April 18, 1978 Page 7. Brian moved for approval based on staff recommendations and findings. Wood seconded and the vote for approval was unanimous. 5. 3 ZONE CHANGE ZC 8-78 (C & C Construction Co. ) NPO 3 A request by C & C Construction Co, for a zone map amendment from Washington Coun :y RU-20 to city CP: . "Commercial/Professional on a 4.35 acre parcel at the intersection of Beef Bend Rd, and Pacific Highway (Wash. Co. Tax Map 2S1 10A, Tax Lot 3900) . Popp asked for clarification on annexation status. Laws clarified the Boundary Commission action if final unless conditioned to voter approval; the Boundary Comm, on 2/8/78 did not condition approval therefore constitutes final action. A. Staff Report : Laws read. B. Applicant 's Presentation: Lester Tlarty, representing C & C Mountain Park Health Care, stated that prior to construction a pump station would be approved and installed to pump sewer- to a city line when a gravity system is available. Becky Mansfield, 16325 Bull Mountain Rd. , administrator of King City Convalescent Home, stated the need for such a facility. Popp explained that testimony would be appropriate E for the second hearing item on the Conditional Use.' Fred Anderson, 11550 Bull Mtn. Road, questioned the' status of the NPO plan and if proposal was to bring into conformance. r Laws stated yes. C. Public Testimony: None I D. Staff Recommendations: Based on the Findings of Fact and Conclusionary Findings, staff recommends approval, subject to the following conditions: MINUTES w TIGARD PLANNING COIUsIISSIOrI April 18, 1978 Page8 1. That 10 feet of additional right of way be dedicated along SLY Beef Bend Road for the portion . of the property .Where the existing right of way is only 40 feet; and that the applicant ,file with the .:. city recorder anon-remonstrance agreement against a future Local Improvem�:nt District (LID) for street improvements to SW Beef Bend Road. 2. That no development occur on the site until adequate sanitary sewer service is available to the site, ;. E. Commission Discussion: Quimby made a motion for denial citing the lack of sewer services available at this time and in the near + future.: Tepedino seconded the motion. Wood disagreed with the motion stated the problem had been addressed by staff recommendations and can be handled as part of the development proposal . The motion failed, with Quimby voting yes. Wood made a motion for approval based on staff findings. and recommendations. Rossman seconded The motion passed 6-1 with Quimby voting no. 5.4 CONDITIONAL USE CU 8 -78 (C & C Const. Co. ) NPO 3. A request by C & C Const. Co. fora conditional use permit to construct a Home for the Aged ina ,Medium High Density (Washington County. RU 20 Zone) on a 4.35 acre parcel at the intersection of SW Beef Bend Road and Pacific Highway (Wash. Co. Tax Map 2S1 10A, Tax Lot 3900) . Laws recommended tabling the proposal pending resolution ' of sanitary sewer service and asked commissioners whether they wished to hear the staff report or table. Applicant wished to have the item heard anyway. Brian moved to table the item. Quimby seconded. !'epedino was generally opposed to tabling saying the applicant presents the case and takes a chance on denial and would like to hear the evidence. ' c HI NUTESI TIGARD PLANNING COI+PrIISSION April 18, 1978 Page 9 Wood wished to hear the item and make a decision on the basis of the evidence presented. Popp felt the applicant was entitled to hear and be able to address all the issue not just sewer. Motion ;failed 4-3, Tepedino, Popp and Wood, voting no-; Brian, Sakata, Quimby, Rossman voting yes. A. Staff Report : Read by Laws who also distributed ' Tetters received from the Mayor of King City. Sakata asked if there was a need for a similar use inter- pretation prior to acting on the Conditional Use. Wood asked what zone a health care facility would be in. It was the consensus of the Commission that it was a similar use. B. Applicant's Presentation: Lester Marty; C & C Const. Co. , and Mountain Park Health Care, explained what the proposal consisted of; limited supervision home for the aged, not a hospital , not actually an apartment but provides an intermediate step in housing for the aged at lesser cost than a convalescent home. He explained what they are milling to do to solve the sewer issue; provide and maintain a pump station on an approved basis; they will also provide any necessary plans to handle drainage. C. Public Testimony: a. Proponent's Norman Glen, Owner of Property, . stated that. they were under the impression that sewer can be provided by pump station and annexed to the city to obtain sewer. b. Opponent's Estell Cook, 11510 SW Crown Dr. , King City, stated the applicant has not adequately addressed sewer and drainage problems. Beverly Froudy, SW Bull Mtn. Rd. , Chairman of County i Planning Organization for Bull Mountain, expressed concern over the Road and a major safety problem at Frontage Road and Pac Hwy. MINUTES TIGARD PLANNING COMMISSION April. 18, 1978 Page 10 Fred Anderson, 11550 8W Bull Utn. Rd. , stated he was speaking for the neighborhood. Popp asked if he had written permission to represent . them and if not he could only speak for himself. . Andersop objected to that ruling 'but said he' was here _ ~ for himself anyway and showed slides to explain traffic. problems at Frontage Road and Pac Hwy. and Beef. Bend; . also was concerned over the provision of sewer .services as related to NPO Policy 21 (provision of adequate services) including storm drainage; he also questioned the height of proposed structures in relation to surrounding low density residential; opposed to piece-meal approach to solving. of problems. Dan Forest, 8989 SSV McDonald, was not opposed to the general concept was just concerned about transportation issues and protection of possible residents (pedestrians) and they needed more details to adequately judge the proposal. D. Staff Recommendations: 1. Since the provision of sanitary sewer to the site . has not been resolved, staff recommends tabling the request until adequate sewer service has been guaranteed. 2. The sanitary sewer service is determined not to be available, staff recommends denial. 3. If sanitary sewer service is determined to be available and a lift station is approved, based on the findings of fact and conclusionary findings, staff recommends approval, subject to the following conditions: a. That a detailed site and design plan be submitted for Design Review approval, to include access, parking, landscaping, pedestrian pathways, on-site recreational facilities (geared to the needs of the residents) and a signing program. b. That, prior to submission for Design Review, the applicant show proof that storm water out-fall will be accepted by the appropriate agency and/ or adjacent properties, and that the applicant submit a detailed storm drainage detention plan for approval by the Building and Engineering Departments. MINUTES (� TIGARD ]PLANNING COHNIISSION April 18, 1978' Page 11 c. That a half street improvement be made, to collector street standards (60 feet of right of way and 44 feet of pavement), on Beef Bend Road; and that a street improvement, to State Highway Department standards, be made to the Frontage Road. 'Popp entered letter from Mayor-King City - not- opposed ot opposed to project, only concerned over.sewer ' and drainage. - . Rebuttal: Bob Dietrick - Architect, addressed concerns raised , in opposition concerning storm drainage can and 'will be controlled not to exceed natural rate, not high traffic generator, sewer problem has been addressed at length and is now a political issue as to the ultimate solution, and building designed to take advantage of terrain, Rossman moved for approval with staff recommendation 7#3, Motion failed for a lack of second. Wood concerned over traffic problems also height limitation without knowledge of visual effects. Favored tabling. Tepedino stated that Commission must make decision on evidence presented and should not defer decision because of lack of adequate submission sewer, drainage, traffic, safety, height of structure all not adequately addressed. Tepedino moved for denial, motion seconded by Quimby. Wood concerned over denial because most of the testimony was not in opposition only addressed concerns for items that could be conditions of approval. Popp favors tabling to allow addressing all issues . Motion defeated 4-3 (No) (Yes) Popp Tepedino Wood Quimby BrianSakata Rossman S Brian moved to table pending the resolution of MINUTES TIGARD PLANNING COMMISSION April 18, 1978 Page 12 sanitary sewer and the- submission by the applicant of a storm water detention plan. .. Popp secohded. Wood requested that the motion be amended to include an assessment of •traffic impacts and- ta drawing be submitted reflecting the visual effects of the height of the buildings to• adjacent properties. Motion was approved 4-3 (No) (Yes) 4 Tepedino Wood Quimby Popp Sakata Brian Rossman t 6. Other Business: I Similar use interpretation on item 5.",. Staff requested of the Commission to determine if a retail sales and rental store being proposed at the intersection of Canterbury Square and Gaarde Street was a similar use as a hardware or department which are permitted uses in a C4 Zone . Herb Jandt explained proposed project, that it would be considerably smaller than typical rental operation 3,000- 4,000 square feet as opposed to 20,000 square feet - combined retail/rental.. One area devoted strictly to ski rental and sales, plus complete hardware/department store. Quimby stated she was not sure if it was similar in use. Sakata stated it should be a conditional use because she was not sure. Brian., Wood and Popp felt the use was similar to a hardware or department store. . Brian moved and Wood second the motion that the proposed use be interpreted as being a similar permitted. ' use in the C4 Zone. The vote was unanimously approved, 6. 1 BELLWOOD REVIEW A. Staff Report Laws memo from Edwards CDP. AIINUTESt TIGARD PLANNING C0AMMISSION April 18, 1978 Page 13 B. Applicants Presentation: ' Bill Mellonagle, 8905 S.W. Commercial Street, problem because development approval is so old. Referred to :: Item 9 of minutes from August 20, 1968 Planning Commission. They feel the proposal is justified and only with a .clarification on density -. all other.- items :_:.• can' be handled in Design Review. >� Ray Bartel, 10952 S. V. 21st Milwaukie, Architect, s presented plan showing how staff concerns will be addressed. Plan based on 12 units/acre as stated by staff. Density proposed is not out of line with intent of approved Planned Development that the density review did not necessarily mean a reduced density. The proposal is compatible with surrounding residents. C. Staff Recommendation: a The applicant prepare a justification for a specific density, based upon a more thorough consideration of existing natural features, adopted city policies and with attention to the issue of compatibility between single family and multi-family residential uses. This proposal to be reviewed by the Planning Commission, Rebuttal: McMonagle questioned carrying capacity of land present A2 density allowing 12/acre this is less than allowed in 1968. He felt apartments should be intermingled not segregated - does not see any reasons for judging incompatible. D. Commission Action: L Popp asked what proposed density is 11.4/ac. Tepedino saw main issue related to zoning/planning not being static. New plans/policies have been developed. The question is who assumes the burden of the change in policies. Brian saw considerable difference in applicant's proposal (1968) with a 2-3 projected time schedule as opposed to 10 years that the developer assumes the risk that things will change over time. Sakata saw need to apply new regulations. Quimby felt City should not be held to an agreement or decision made 10 years ago. MINUTES TIGARD PLANNING COtI1IISSION April 18, 1978 Page 14 .Wood stated prior Commission action does not specify overall density ,calls for third phase density review. Applicant 'assumes risk over 10 years that. things will change. Must consider in light of existing plans. Popp stated he was not opposed to review Would like to see greenway continued. Applicant should work to todays allowable densities. Brian moved for approval of staff recommendation and ... motion was seconded •by Tepedino. Passed unanimously. e 6.2 ASSEMBLY OF GOD free standing sign on S.111. Gaarde Street. Staff informed the Commission that the Assembly of God Church on S. V. Gaarde is proposing to erect an internally illuminated free standing sign: The Commission directed staff to inform the applicant that he must make application for a conditional use permit. .Meeting was adjourned at 1:00 A.M. C) rdiC� a 15� n � nco- H0. le ele elr�eio ye}ela sie ele s1-111is s s Y s s i s I s ►1 s i s sTs i Ill e �wk .. _ � } ( � ( � � r� } �i � r rr�r ��} �}�� }.B 1—�:1 �j_r }��t'�s}s(s}I�1¢#�s}e�aisisli(eit�.a�s�ti�}esti�ele}slels�s�sle(els}ssi�ese}ssers4efes NOTE: IF THIS MICROFILMED 1' 2 `� 4 _- _ rJ ..- _._.... .Z.... S 1� -. 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