Ordinance No. 79-42 • fi.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 79- ,tl
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY PETER B.
HOFFMAN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANG-
ING THE ZONE DISTRICT FOR A TRACT OF LAND ;BEST OF S.W. 109T'd AVENUE AND DE-
PICTED ON NASHINGTON COUNTY TAX MAP 2S1 10 AD, TAX LOT 8803) FROM CITY OF TIGARD
R-7 "SINGLE FAMILY RESIDENTIAL" TO CITY OF TIGARD A-2 "MULTIFAMILY RESIDENTIAL"
AND ADOPTING EXHIBITS "A","B" & "C" GRANTING THE APPLICATION AND FIXING AN
EFFECTIVE DATE.
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s
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore and
are now classified as City of Tigard R-7 "Single Family Residential"
and further findings that pursuant to prescribed procedures, the above-stated applica-
tion for a zoning map amendment was heard in a public hearing held by the Tigard
Planning Commission on May 1, 1979, and all interested persons were there and then
afforded an opportunity to be heard, and thereafter the Planning Commission filed
its report and recommended approval with the City Recorder, a copy therefore hereto
attached and by reference made a part hereof, the Council adopts the following sub-
stantive findings:
a
A. That the applicant is in conformance with the Urban Medium Density
Residential designation of NPO #6 Plan, aiid
4
B. That the proposed zoning is compatible with the surrounding neigh- b
borhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of 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 .
Multifamily Residential (A-2) use is hereby approved subject to the provisions of ,
Chapter 1$,24 (A;ultifamily Residential Zone) of the Tigard, Municipal Code as em-
bodied in or exhibited by the documents submitted and identified as follows: 5 °
k
EXHI3I "A": - Legal Description
EXHIBIT "B": Staff Report
EXHIBIT "C": - Site Plan
And further subject to the following conditions:
1. That half street improvements along the subject property fronting South-
� ;" west of 109th Ave. be made prior to issuance of building permits.
2. That the developer submit construction and site drainage plans to be
approved I
pp 3 b y the. City Engineer and Building Departments with necessary.
bonds prior to issuance of building permits.
r+:
ORDINANCE No. 79- M
:,; ZC 10-79
3. That the applicant receive site design review approval for
grading, landscaping and site plan design.
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
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 (ay��y� 5 vote of all Council members present this
day of Al" 1979, after being
read two times by number and title only.
Recorder - City f Tiger d
APPROVED: By the Mayor this o2/ day of 1979.
4,ayir City of agard
PAGE 2
i
ORDINANCE No. 79-11 10-79
E
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:2{-Y.�'.�°i+.+M-+74` _ _-• .. ..............c cc..cert..n.c.rNw
' 1�� _ WARRANTY DEEB s�
" Y-_�G1 V BY—THESE PR9SENTS, That .I.OHN..D 1 Al D,. CAZ'ItERI;:E T. ANNAIID, SUSAN
P1d„jArgli>..E JOHN A. ANNAND 11
_
•—T---. .._
r hereinafter ca/fed the$rentor,for the conslderehon hereinafter stated,to grantor paid by
HOFF14AN HILLTOP,EST ATES,,A PARTNE.RSHIP--„ ....._ .. ...... hereinafter called
the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and
assigns,that certain reel property,with the tenements,hereditaments and appurtenances thereunto belonging or ap-
pertainin ,situated in the County of _, - _.- and State of Oregon,described as follows,to-wit:
A tract of land situate in Section 10, Township 2 South, Range 1 West
of the Willamette Meridian, Washington County, Oregon, described as
follows:
Beginning at the East quarter corner of said Section 10; thence North
890 58' 15” West along the South line of Lang Hill No. 2, 330.00 feet;
thence North 00 51' 50" East along the West line of said Lang Hill NO.
2, 478.13 feet to the Southeast corner of that tract of land conveyed {
to Cooper Development Company, recorded December 11, 1972 in Book 900
page 928, Washington County, Oregon, Deed Records; thence South 890
40' 00" West 661.00 feet, more or less, to a point on the rifest line of C
the Southeast 1/4 of the Northeast 1/4 of said Section 10, said point
being the true point of beginning; thence North along said West line 4
154.46 feet to the Southwest corner of that tract of land conveyed to .�
Violet N. Kirschner, recorded August 28, 1974 in Book 990 page 477,
Washington County, Oregon, Deed Records; thence East along the South
line of said Kirschner tract 100 feet to a point on the 'West line of SW
109th Street; thence South along said West line 154.46 feet; thence
South 890 40' 00" West 100,00 feet to the point of beginning.
and that
grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims
and demands of all persons whomsoever,except those claiming under the above described encumbrancesprice covers
The true and actio!consideration paid for thus transfer,stated in terms of dollars,is$.80_,On,00 additi.ona
ro err,
However, the actual consideration consists of or includes other property or value given or promiscd whit, tsp
part
er of consideration(indicate which).O'(The.nlr nca between th.aymbola(D ii not appli..bla,[hauld be deteted.sa[ORS 97.030.)
In construing this deed and where the context so requires,the singular includes the plural and all grammatical
changes shall be implied to make the provisions hereof apply equally to corporations and to idivtdus 7 ryryqq
In Witness Whereof,the grantor has executed this instrument this.-./ .day of 19 ;
if a corporate grantor,it has caused its name to be signed and seal affixed by its officers, my authorized thereto by
order of its board of directors.
FORM NO.Z]—ACK:'.DWLEDGMENT
STATE OF OREGON, .....,....,{....w [�..a.r..N....,.
ss.
County of...-..--- ultnomah.....'...............}
BE IT REMEMBERED, That on this..........14th........day ot---...............Apx.il-_....._..---._............19----7,7,
before me, the undersigned,a Notary Public in and for said County and State,personally appeared the within
named..--.John--II-..Anand_.Cather-ine..T__Anuaad,:..Susan.A__-7f-eller-„ .Mary.-1ane.,Annand--6__.-_...-
.-J.ohn.M.---Armand--11------------------......................................_............................- .................................................................
...............................................---..................-............----.----......-......-.-....... ..._..--..._-.....-_....----......................................-..
known to me to be the identical individuat.s... described in and who executed the within instrument and
acknowledged to me that.......they....-....-executed the same freely and voluntarily.
N TESTIMONY WHEREOF,I have hereunto set my hand and affixed
@STSY i. 1'/ATi.S:".39 my official seal the day and year last above written.
...r...r l-
any ccv ::aa[::-:r.s Notary Public for Oregon.
--1 MY Commission exp res .......... /1/'/.9--.....: ... --
800f;
14600 S. T+iPacific Hwy
� STATE OF OREGON
Tigard, Oregon 91223 ss
.. .
GRANTOR ANF D AOOP.E E �O1 � � SOI(0t��O}.yte[nin9tOn
t]Em be
Hoffman lk Hoffman Hilltop Estates '� f, Flo"r Tl amssen 'nirsctcr of Rs-ord.
♦888 S. W Madison snd E;e[tio�te end EE-Off�o Rovildw of con-
..__.._......_........._..._........ _.. __...__... ..... do hereby"valy thsr
Fort land, Oregon 97 2,05" Noysm”for acid eunry, wo race'«ld
_.___.-.._......_..........__................._......._..__..._..___._'__. ----._..... of wthln9
yRANrErs NAM[PNO ADOR[[i L.ACC R[e{eV[C f}A Al t.ddiinin ru':� O? »torte
fOR end ryCOr
All rd�n9 i N '
RLGORDER'e..a No.
Title....lnsurdl?ce_Company of Oregon -- _...... of E,;d county
12012 S W Canyon,Rd ........., _... my Find end lo,g .meed'
Beaverton, .Uregon.97005_ .... Witnfse r N, float'or of
NAM[.ADD .9'.[Iv t-�(�/4��•. 'AGGER �Er�s�
Records b Eiecrions�
will..bon9[1.-q..,A sll fn{rlel...—.boll bR M 1.dra
H `
offan ofmn, lltop_ Oxy ry
U
1888 S, W. Madison.. . !!
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Portland ,Oreoon,9770$ -„-... _..._.1 y
*_Y.
EXHIBIT "B" ( (~
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING C=AISSION
May 1, 1979 - 7:30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 10-79
Applicant: Mr. Peter B. Hoffman Owner: Same
1888 S.W. Madison
Portland, Oregon 97214
Application Date: March 30, 1979
Location: West of S.W. 109th Avenue (Wash. Co. Tax Map 2S1 10AD, Tax Lot 8803)
Request: For a zone map amendment from City of Tigard R-7 "Single Family Re-
sidential" to City of Tigard A-2 "Multifamily Residential" on a .35 acre
parcel.
I. Findings of Fact:
1. The subject site is presently zoned R-7 (7,500 square foot lots)
"Single Family Residential" and is designated "Urban Medium Density
Residential" (12 dwelling units per acre) on the NPO tt6 Plan.
2. Applicable policies from the NPO #6 Plan are:
r
"Density„ Policy 9 (Page 5)
"Utilities, streets, etc." Policy 10 (Page 5)
"Water and Sewer facilities" - Policy 11 (Page 5)
"Buffering, open space, etc." - Policy 15 (Page 6 & 7)
3. The applicant proposes to construct four units which are anticipated
to generate a total of ten to twelve occupants.
4. The surrounding uses are apartments to the south and east, open space
to the west, and proposed apartments to the north.
5.- Southwest 109th Avenue is designated as a local street requiring 50
feet of right-of-way with a pavement width of 34 feet. The currsnt
right-of-way width is 50 feet.
6. Sanitary sewer service i5 available off of Canterbury Lane.
7. dater is available from 8 inch lines off of Southwest 109th Avenue
and Canterbury Lane.
8. There is adequate public access off of Southwest 109th Avenue.
STAFF REPORT
AGENDA 5.2
TIGARO PLa,NNING cot'LNUSSION
May 1, 1979 - 7:30 P-M-
Fowler Junior High - Lecture Room
10865 S.W. walnut Street _ Tigard, Oregon
II. Conclusionary Findings:
1_ Southwest 109th Avenue is in substandard condition with no sidewalks
Z. A need exists to zone parcels within the City Limits to comply with the
comprehensive Plan-
to the site.
3. The necessary utilities are available
III. Staff recommendation:
Staff recommends approval subject to the following conditions:
1• That half street improvements along the subject property fronting
issuance of building
Southwest of 109th Avenue be made prior to
permits.
t construction and site drainage plans to
2• That the developer shy Fngineer and Building DepartmentSpwith
be. approved by the City
necessary bonds prior to issuance of building Permits.
3.
That the applicant receive site design review approval for grading,
landscaping and site plan design-
or or specifications unless
4, 23o changes will be made to approved Pro riate department and changes
formal application is made to the application for changes,will be
are approved by that department. APP s engineering
g
made in writi. .g and shall include APis uesteblbYdrawings,
the department.
No
specifications and other detaPlaceinthese instances until after. the
eoastruction shall take'p deviation from this eandit.ton will
changes have been approved. Any project'
adiate posting of a stop work order on the p j
result in the imm project.
or any portion of the pro J
d.
Selby reviewed by: P n irector t
Feviewed: IC . - .
Associate Planner
', \`� ` `/ •\ \EXHIBIT "C" f 1
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\ .MCAT 0 VACATEO 855/744
N 391 ;.1 w _ a s7' 3i' io' rr a89.S
E,r 5522:- - — TRACT F 1200
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EAST t0 C hA;NS -CSV" w Q
s i nFta• s Qs c I^t 2 3 4 56 7 IOC
370c \ 711 I� 9�, w 1 9 10
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29 SE4' MARON-)7LJ
>>�A/Y T E R 5U 1► 1 oro 45'23"N R
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25
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!4202 37
_ 370 I I
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W
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t m Cc v 34
3900 T�
2 :-22 ln� 33 :, `
LL At
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3700 W �s
Q b .TRACT 31
8801 z 'p 3600 r la
4.60:«c. 30
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7 3400 33 32 31001
e i �7& 6 hQyiq e, 74 14--717 � 229 25 27 26
' 1 3410'3n31 „ a "i0 3110 3i
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1 � 50
- 50925 — x 840 3i 35"E C.S. N'
OEO. OEEO 958/477
,otTR'QS.W. MUR
(C.S. No. 12,250) y�'
- 08 ;5 w� .0.a'5c
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2398 9210 7467
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a J i TRACT 73 1
36022 •�
fish 8000 gm-
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m73-10 ' i0
5804 78
y-Iyf^ :Q 7700 i
u 7600 j
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Tigard Property
I . This proposal is to change the existing R--1 zoning to A-2
Multi-family Residential Zone to bring this property into
conformance with the Comprehensive Design Plan.
2 . The Comprehensive Design Plan designates this area as A-2 .
This request is in conformance with that plan .
3. There is currently a need for additional housing within the
community. PGE 's current listing of vacancies in this area
shows the vacancy rate at 3.8% which is well below the con-
sidered average for multi -unit housing. This figure includes
those units now under construction and those units already
rented but not occupied. The 'Thousand Friends of Oregon'
has released a study which shows that the significant
additional housing needs of the county cannot be met utiliz-
ing every piece of currently zoned developable land for that
purpose.
The public will benefit because this project will provide
additional housing to fill the needs of the community.
Those who wish an alternative to the larger project will be
able to find housing on a smaller scale.
4 . The cost of housing now allows $55 ,400. for an average home
has put individual housing out of many peoples' reach, there-
fore additional housing types are called upon to fill this
need . The single-family home, once looked upon as the ideal,
is no longer held in the same esteem as it once was . People
are looking for alternatives to the requirements of home
ownership. Those who are no longer willing or financially
able to own their own hoarse but who wish to remain in the area
have an alternative to moving into the City.
.;:1z�
5. This location is ideal for housing of this type . The use has
already been established in this area . This particular site
is well situated with privacy and accessibility and very
suitable for group use rather than individual home ownership .
Because of the nature of the area, single-family housing would
be difficult to justify in the area .
6. Surrounding this site on all sides are multi-family units or
property which is designated under the Comprehensive Design Plan
for multi-family use. The impact of an additional four units ,
having a total anticipated occupant load of 10 to 12 , will not
significantly affect the housing balance of the area . This
project will generate approximately three to four school-age
children and no more than 40 vehicle trips per day.
7 . This project, having four units , will not have a significant
impact on any of the public services available to the area. The
public and fire protection will not be hard pressed to add these,
units to the service already in existance in the Canterbury area
since these services are already available to the residents of
the area.
P
f.:
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MI;iUT S [
TIGARD PL.;za ItiG Conllssim
May 1, 1979 - 7:30 P.M,
Fowler junior High School - Lecture Room
10305 S.W. Walnut Street - Tigard, Oregon
In the absence of President Tepedino, Vice-President Wood opened the
meeting at 7:35 p.m. and served as President throughout. He. introduced Susan
Herron, serving at her first public hearing, as the member appointed by the
City Council to fill the vacancy on the Commission.
ROLL CALL:
Present: Bonn, Funk, Kolleas, Helmer, Herron, Smith, Speaker, Wood
Absent: Tepedino
Staff: Howard, Selby
The minutes of April 17, 1979, meeting were considered. Speaker called '
attention to three typographical errors:
(1) page 1, last full paragraph, the
fourth line should read ".. ,of four ConLU. ssion members, pointing out that the j
subcommittee's revised draft might have an eventual impact on the first item
., ,,"(underscore indicates addition.) (2) Page 3, the word "it" should be
added at the end of the tenth line ("He stated his belief it is contra
(3) on page 6, second and third lines in the New Business paragraph, the dup-
lication of "the drafts of sensitive lands ordinances enclosed with the packets
for" should be deleted.
Commissioner Wood asked that the following be added to the Commission
Discussion on Page 4 to explain the Commission's riondiscussion of the modifica-
tions of Staff recommendations requested by the applicant: "There was no reason
to discuss matters other than housing densities because the applicant had assert- {
ed that if the Staff view was adopted on density, applicant would not go forward."
i
In the middle of page 5, adding to the Cross Examination paragraph. far
clarification: "Because the other veterinarian might be his brother-in-Law,
Commissioner Funk stated he would abstain," And in the middle of page 6, to
clarify Commission intent, make provision (A) of the motion by Smith read as
follows: "A. Provision that pedistrian and bike paths be constructed and set
back from the curb." It was agreed that Provision C was written duplicated
Provision A as modified.
Thereupon it was troved, seconded and carried that the minutes of April 17
be approved as amended. f
t
There were no communications to be heard.
I
The President opened the public hearing by reading the usual ,notice referr
ing to the ordinance giving authority for the procedure to be followed.
5.1 Zone Change 3-79 (George P. and Aase B. Husvar)
NPO #6 ,
A request by George P. and Aase B. Husvar for a zone map amendment
from Wash. Co. RU-4 to City of Tigard R-7 "Single Family Residential."
i
Ste+
MINUTES
TIGARD Pzo,a DING COt*]ISSION
May 1, 1979 - 7;30 P.M,
Page 2
on 0.90 acre and 0.69 .acre parcels, located at 14200 S.W.
97th (Wash. Co. Tax Map 2S1 11Ba, Tax Lots 106 and 107) .
The staff report was read by Howard. There was no applicant's presentation
nor public testimony. Howard read the Staff recommendation.
In Commission discussion the question was raised as to why these parcels
had not been included in the same hearing with the applicant's other parcel.
Staff stated it was due to oversight on their part. Smith inquired about the
reason for Recommendation 3 restricting dead end streets and cul-de-sacs.
Staff stated it was now the policy of the City Council to encourage connecting
streets. Smith felt such a policy should be reflected in an ordinance. Staff
stated the Commission's concerns in this respect would be presented to the
City Council. Selby called attention to the study session of the Commission
with the City Council later this month, at which informal policies of the Coun-
cil and the concerns of the Commission could be discussed.
Thereupon Bonn moved approval of Zone Change ZC 3-79 based on Staff find-
ings and recommendations. The motion was seconded and passed, with Smith vot-
ing no.
5.2 ZC 10-79 (Peter Hoffman)
A request by Peter Hoffman for a zone map amendment from City
R-7 PD to City of Tigard A-2 "Multifamily Residential" on a
.35 acre parcel, located at Canterbury and 109th Avenue (Wash.
Co. Tax Map 2S1 LOAD, Tax Lot 8803) .
Selby indicated on the wall map and an aerial photo of the area the loca-
tion, prospective streets, terrain and present land uses for this application
and that of. John Annand, applicant on Agenda Item 5.3. Howard then read the
Staff report.
The applicant's presentation was made by Joe Van Lom, architect for this
applicant (and also Mr. Annand). He related the need for multiple-family hous-
ing and this site's excellent qualifications therefor. He stated the primary
purpose of the request for zone change is to bring the zone into conformance
with the comprehensive design plan.
Public testimony was confined to that of Forrest G. Hall, 14911 S.W. 106th
who objected to additional multiple-family housing in the area because of the
traffic problem generated on 109th.
77
=f
Howard read the Staff recommendations.
In rebuttal Mr. Van Lom questioned the requirement for half-street improve-
ments prior to the issuance of building permits, since this would presuppose
substantial improvements before financing was arranged. Selby explained the
reasoning and the policy for the requirement, with the assurance that all
i
MINUTES l
TIGARD PL.kNNING COMMISSION
May 1, 1979 -7:30 P.M.
Page 3
approvals can be secured in advance of any investment in street improvements.
Commission discussion: Questions concerned standard practice with respect
to bonds and the extension of 109th. In responding to these, Staff mentioned
that a section of 109th passes through territory under jurisdiction of the County,
but that this is expected to come into the City in the foreseeable future.
Smith moved for approval of Zone Change ZC 10-79 based on Staff findings
and recommendations. The motion was secondod and passed unanimously.
5.3 ZC 9-79 (Jack Annand) NPO #6
A request by Jack Annand for a zone map amendment from City
R-7 PD to City of Tigard A-2 "Multifamily Residential" on a
1.O4 acre parcel, located at SW 109th Avenue (:Nash. Co, Tax
Map 2S1 LOAD, Tax Lot 8800) .
The Staff report was read by Howard. In the applicant's presentation Joe Van
Lom detailed the history of land ownership in the area, and the intention for
eventual extension of the road across the parcel as shown. He ac::nowledged his
participation in the property as the owner of an option on part of- it. He
referred to the offer of Mr. Annand to dedicate a street to the City--an offer
which has not yet been accepted.
Public, testimony was given by Forrest Hall, who reiterated his objections
on the ground of inadequate streets in the area. Selby then called attention _
to an old cenetary in the area.
Howard read the Staff recommendation.
In rebuttal Mr. Van Lom repor-ted on the estimated traffic to be generated
by the two projects. He also pointed. out that moving the street as suggested
by Staff would deprive him access to his parcel, located at the north end of the
site.
Commission discussion covered located of extension of 109th and possibility
for streets on the slope to the west and south, and the location of the cemRtazy.
Speaker inquired whether it would be practical to have the Staff and the appli-
cantwork out the exact location of the road. Howard so affirmed, with the
applicant having the right to appeal back to the Commission. P7ood cosmented on
the approach the Staff could take on the location of the street across the proner-
ty since, although it is or may be owned by two parties, at present it is legally-
one parcel.
Speaker moved approval of ZC 9-79 based on Staff report and Staff recon en
dations, with the amendment of Staff Recommendation 4 to the following: *That
the Staff is directed to work with the applicant to find a mutually agreeable
location for the road across the property to serve the area not yet developed.,'
The motion was seconded and carried, with one no vote.
ix
MINUTES
TIGARD PLANNING CO2•114ISSION
May 1, 1979 - 7:30 P.M.
Page 4
5.4 CU 9-79 (Green Valley Development) NPO #2
A request by Green Valley Development for a conditional use per-
mit to operate the following: Paper product manufacture, heating
equipment manufacture and weaving of cotton, wool, flax, and other
fibrous products, in a M-4 "Industrial Park" zone on a 2.34 acre
parcel at 9540 S.W. Tigard Street (Wash. Co. Tax Map 2S1 2BA, Tax
Lot 1000).
Mr. Helmer asked to be excused from the Commission for this item, and
his request was granted by the President.
The Staff report was read by Howard.
Jim Schlauch of Bullier and Bullier gave the applicant's presentation. He
commented on the difficulty the ordinances present to those who negotiated
leases for multiple-use properties such as this.
There was no public testimony. Howard read the Staff recommendation.
In rebuttal, Craig Helmer objected to the provision for 10 feet of street
c dedication, since this was accomplished in accordance with CU 28-79' some months
ago. At that time a nonremons trance agreement for improvement of Tigard Avenue
was signed, and about a month ago the approaches to the building were completed
and landscaping prepared for. He therefore felt that to require half-street
improvements at this time in order to secure conditional uses was inappropriate.
He described the building, its construction, its present tenants, and the
sprinkler system. Selby explained the state of the records of the County roads
as the reason for apparently again requesting the 10-foot dedication. A Dif-
ference in philosophy of the City Councils over the past several months
accounts for the present recommendation for half-street improvements. Charles
Schulz, Route 4, Box 394-C, Sherwood, objected to the requirement for half-
street improvements at this time, stating they had just completed the previous
requirements. He favored the LID approach of completing such a street at one
tion, rather than the piecemeal approach of half-street improvementsas parcels
develop. He felt noise standards should be established by which to judge noise
made by tenants. Selby responded that noise insulation called for in Recomuren-
dation 3 would be required only if needed in a particular case.
Cormussion discussion; Funk questioned the weaving operation.and the
potential for lint dispersal from such an operation. Mr. Schlauch explained
no tenant presently under consideration is in this business (or for some of
the other uses applied for.) , but that this was included among the conditional .
uses applied for so that if such a tenant could be secured it would not be
necessary to get separate permission from the Planning Commission for this use.
Howard explained the reasons for including what appear to be excessivly restric-
tive conditions (i.e. noise insulation, Fire Marshall approval of each space).
Smith supported the Council's desire for half-street improvements even in
piecemeal fashion, but disagreed with the requirement at this time in view of
p the earlier requirement of a nonremonstrance agreement and the recently- com-
pleted site construction on that basis. Wood joined in this view and offered
4
MI`JUTES
TIGeAR'D PLANtNING CO U-IISSION
flay 1, 1979 - 7:30 P,M.
Page 5
suggestions for changes in the recommendations to acco=mmodate points dis-
cussed. Selby stated at was intended that the inspections by the Building
Department and the Fire Marshall shall be ongoing activities.
Smith moved approval of Conditional Use Cu 9-79 based on Staff findings
and recori.andations, with Recommendation 1 amended to delete the requirement
for half-street improvements (a period after "Tigard Street") , and with the
insertion of the words "if needed" after the word "installed" in Recommenda-
tion 3. The motion was seconded and passed unanimously, '
At this time Commissioner Helmer resumed his seat on the Commission.
5.5 TU 3-79 (Russell Thomas)
A request by Russell Thomas for an extension of a temporary use
permit for six (6) months to place a mobile home next to his
existing residence at, 9845 S.W. O'Mara Street (Wash. Co. Tax
Map 2S1 2CD, Tax Lot 2803). A temporary use permit was pre-
viously granted for 60 days from 3/19/79 - 5/17/79.
Howard read the Staff report. The applicant's presentation was made by
Russell Thomas, who described his family's living arrangements while .remodal-
ing their house. He estimated it would take 3i to 4 months to complete the
remodeling. !
f
There was no public testimony. Howard stated Staff recommends aaproval.
There were no questions or comments by the Commissioners. Approval of Tempor-
ary Use TU 3-79 was therefore moved, seconded and unanimously carried. ,
The. President then declared a short recess at 9:12 p.m.
5.6 ADOPTION OF THE HOUSING IMPLEMENTATION PLAN
A request by the City of Tigard for final adoption of the Hous-
ing Implementation Plan to the Commprehensive Plan.
At 9:20 the Commission commenced consideration of the housing implementa
tion plan to be recommended by the Commission to the City Council. The Pre-
sident stated location of mobile homes was not a topic of discussion at this
time. Selby then pointed out on the map the areas discussed in his memos to
the Planning Commission dated April 27, which included his comments on the ac-- .
tion of the NPOs still operating. The President then opened the meeting to
Comments from the audience.
Dale Role, a builder from lyilwaukie, gave an exposition of the economics
of, hcme building, especially the impact of the land cost on less expensive
houses. He offered to show plans developed for a parcel in Tigard to illus-
trate the points he was trying to make. Howard advised against reviewing the
plan at this time to eliminate any possibility of prejudging a matter which may
con=e before the Commission later. The President agreed.
a
i
MINUTES
TIGARD PL.1:',{FLING COP •LTSSION
May 1, 1979 -- 7:30 P.-M,
Page 6
Com.-Ussion discussion: Kolleas questioned whether smaller lots would
in fact result in lower-cost houses. Howard stated there is no control on
the price of houses built on smaller lots. Funk questioned the feasibility of
having smaller lots come in under a Planned Development regulation. Howard
felt this was a :reasonable possibility. Selby pointed out the PD process adds
to the cost, whereupon Howard suggested a one-step hearing process to reduce
the in-built delay factor. Speaker inquired what the objection to smaller lots
really is. Staff stated the objections voiced to them are (1) from long=time
residents who object to urbanization in general; (2) fear of lessening of sur-
rou_riding land values; (3) it is new to the residents in the area.
Smith objected to the picking of only specific areas for small lots on the
basis that (1) such parcels would experience higher land costs in the same way
as land sold for multiple housing, thereby reducing or eliminating the effect
intended; (2) there is no assurance the smaller lots would prompt builders to
put smaller houses on them: a house which might be built on a 7500-foot lot is
still eminently liveable on a 5,000-foot lot. Therefore he.suggested rezoning
all R-7 areas to R-5, 'recognizing there would be public opposition to this pro-
cedure. He pointed out that to restrict development of small lots on the basis
of price was impractical because of the current rate of inflation; that much
better would be to restrict the square footage in the house. An alternative to
the politically undesirable rezoning of all R-7 to R-5 would be that any R-7 may
be rezoned R-5 by going through the PD process. In response Howard agreed the
Staff's selected-,parcel approach was indead a token approach that is politically
unacceptable. The Staff's approach is a strict following of LCDC standards,
which is recognized as not in all respects workable in this community.
There followed a wide-ranging discussion of the possibly economic consequ-
ences and political practicality of the various alternatives. Staff urged a
decision of some sort be made because of the LCDC deadline, even if what is adopt
ed is recognized as subject to refinement after further consideration in the
future.
Finally Speaker moved for recommendation by the Planning commission of the
housing plan with amendments as submitted by Staff for adoption by the City.
Council. Mrs. Kolleas seconded. The President called for a roll call vote
because of the extended discussion, resulting in approval five to three, wit'r.
Corumissioners Helmer, Funk and Smith voting no. '
The President then proceeded to OTHER BUSINESS -- consideration of the draft
of Chapter 18.57, the Sensitive Lands ordinance. He opened with an explanation
of the handout which represented further consideration by Joe Bailey (City A.t
torney) and himself on the density issue. He then asked for comments by Staff--
Howard
taf"-Howard coi*unented that it is difficult for Staff, in its working with the
,s public, to get clear understanding of anything written much above the 7th grade
level; hence the acknowledged repretitive nature of the original staff document.
MINUTE'S
TIGAP.D PLANNING COW4TSSION
May 1, 1979 - 7:30 P.M.
Page 7
He felt it was necessary to have reference to specific maps for floodplain
and other purposes, and felt that the removal of wetlands from the ordinance
removed necessary guidelines for Staff. He offered to combine the Commis-
sion's work with Staff concerns into one document to be given to the City
Council at its Mav 7 study session on this ordinance. He assured that changes
of wording or additions would be nonsubstantive--that the concerns and intent
of the Commission as expressed in the revisions to date would be preserved,
with additions Staff felt is necessary in order to have an ordinance with which
they can work satisfactorily with the public.
Discussion was wide-ranging. It was pointed out that the wetlands were
taken out by the subcommittee because it was felt this is an engineering pro-
blem and should be handled as such between the applicant and the City Engineer;
and that the reference to specific maps could be detrimental if good evidence
in contrd_iction to inclusion or noninclusion of parcels in the floodplain were
presented. It was generally agreed wetlands should be treated in a separate
ordinance. Timing and possible review of a document to be submitted to the
Council's Study Session was discussed at length.
Finally, Smith MOVED the Commission adopt the draft ordinance as modified
to date as its recommendation to the City Council; that Staff add their modifi-
cations a-rid identify them as such; and that a menber of the Coruni.ssion sub-
committee be present at the City Council Study Session on May 7. The motion
was seconded by Rolleas, and after further discussion, passed unanimously.
E
As a final item under Other Business, Selby explained the situation with
respect to Conditional Use CU 7-79, a veterinary medical facility of Alva
Roberts, De7M,.on s.,0. Scholls Ferry Road. The 60-day Temporary Use for.opera-
tion of the facility granted by the City Administrator expired April 29; the
required zone change by the property owner was not requested coincidentally
with the conditional use, but is scheduled for May 15 hearing before the Com- �
mission. Public notice is not required for an extension by the Commission of
a Temporary Use permit. Therefore it is the recommendation of the Staff that
the Commission approve a six-months extension of the 60-day temporary use for
this veterinary medical facility. Thereupon adoption of the Staff recommenda-
tion was moved. seconded and carried.
The President declared the meeting adjourned at 11:03 p.m.
S\ t1
REVISED EXHIBIT "A"
(continued)
PARCEL II: Order No. 330865
Situate in the Northeast quarter of Section 10, Township 2 South, Range
1 West, Willamette Meridian , Washington County, Oregon, described as
follows:
Beginning at the intersection of the extension of the South line of
SW Murdock with the Westerly line of SW 109th Avenue, ubich bears North
89° 58' 15" West 330.00 feet and North 00 51' 50" West 634.84 feet and
South 89' 31' 36" West 559.25 feet from the East quarter corner of said
Section 10; thence North 890 58' 15" West on a lineparallel to the
South line of said Northeast quarter, as described in Kirschner Deed,
Book 990 page 477, Washington County Records, a distance of 101.10 feet
more or less, to the Southwest. corner of said Kirschner tract; thence Sol
00 51' 50" West along the West line of the property herein described,
a distance of 259.39 feet to a point on the West right of way line of
said 109th Avenue , which is also the point of tangency of said West
right of way, and also the beginning of a tangent 68 foot radius curve t,
the right ; thence on said curve, along said West right of way, thru a
central angle of 59° (chord bears North 300 21' 50 East 66.97 feet) a
distance of 70.02 feet to the end thereof; thence North 59° 51' 50" East
r along said right of way, a distance of 69.52 feet to the beginning of a '
tangent 32 .0 foot radius curve to the left; thence along said curve _thru
a central angle of 20° 22' 30" (chord bears North 49° 40' 35" East 11.32
feet) a distance of 11.38 feet to the end thereof; thence along said
right of way North 0° 51' 50" East non-tangent to said 32.0 foot radius
r curve, a distance of 159.31 feet to the point of beginning.
t
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