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CPA 4-86
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. LW CPA 4 orr et SW. ,106th 0 ' 34t* lot, 1600 , k y r WI CO • F"4 CITY OF TIGARD OREGON COUNCIL Acs, 1 ITEM SUMMARY OF: u ust 11 1986 AGENDA ITEM #: AGENDA .��' . A c� L�___.__�_ DATE SUBMITTED: ___2g12_22,_110PREVIOUS ACTION: Council initiated ISSUE /AGENDA TITLE: '` ,� w the a22lication on June 9 1986 ZC 6-86 PREPARED BY: Elizabeth Newton, ,J d. REQUESTED BY: Planning Cammission DEPARTMENT HEAD OK� CITY ADMINISTRATOR: , POLICY ISSUE Should the City Cooncil reverse the Plareis Commission recG lendation to deny a request by William and Madeline Cochran 4 amend the Comp len,:4 4 `Plan from Low Density to Medium Density Residential 7.4 change the a .113 . 'am R-4.5 to R -7 on property located on the nortwest comar of SW 106th an SW North Dakota. INFORMATION SUMMARY On June 9, 1986, the City Council initiated an applicatton for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. A copy of the June 9th minutes is attached. On July 8, 1986, the Planning Commission voted unanimously to recommend denial of the Cochran's request. Staff recommended approval of the request. A copy of the July 8, 1986, Planning Commission minutes is attached. Also attached is a memo which loutlines the circumstances leading to the request, ALTERNATIVES CONSIDERED 1.) Uphold the Planning Commission denial of the request and direct staff to prepare a Final Order to deny the request. 2.) Support the staff's recommendation to approve the request and direct staff to prepare an ordinance approving tla request. SUGGESTED ACTION Hold the public hearing and direct staff to prepare an ordinance to approve the request. k`+t;a�s TO: City Council FROM: Planning Staff MEMORANDUM CITY OF TIGARD, OREGON Jul y 30, 1986 SUBJECT: CPA 4 -86 ZC 6 -86 COCHRAN On September 24, 1979, the Tigard City Council approved Ordinance 79-88 (attached) which changed the zone district on property owned by the Cochran's at 10695 SW sigh Dakota from R -7 to R-5 (5,000 sq ft. lots) In 1980, based o tt►at ?onin5 the Cochran's applied for and received approval with conditions from the Plannini. Director for a Minor Land Partition. A copy of the approval is attached. In 1981, the Cochran's recorded the staff report with Washington County but did not record the partition map as instructed in the staff report approving the .Mince- Land Partition. A copy of the receipt is attached. Since the map was not recorded, the Washington County Department of Assessment and Taxation did not partition the property on the tax maps or in their assessment records so, the property remained in one piece. During the Comprehensive Planning process, since the partajtion did not appear to have been recorded, the zoning assigned to the property was R-4.5, which was in conformance with he surrounding area. Recently Mrs. Cochran came in to discuss the Minor Land Partition with staff and was told that the zoning on the property had been changed to R --4.5. Since the lots created by the Minor Land Partition granted in 1979 do not conform to the R -4. n7 minimum requirements . lot area re ua,rempents 'the Minor Land Partition can not be recorded now even though h it Muss not expired. It is ,the opinion of Mrs. Cochran that she acted in good faith by recording the Minor Partition staff report which she thought was adequate to p p 986,, City Council meeting the Council complete the process. At the June 9, �. initiate the Comprehensive a reed to ° Plan Amendment and Zone Change for the � Cochran's Attached is a copy of the report written by staff to the Planning Commission which outlines the criteria to be considered for approval of Comprehensive Plan Amendment and Zone Changes. At the 'July 8, 1986 meeting, the Planning Commission voted to deny the request.` The consensus of the Commission was to, deny the application becaue of the time that had elapsed, the Cu prehe'nsive Plan pro,ess and adoption had taken place and Policy 6.3.3. Policy 6,3.3 states that a primary consideration of the City shall be to preserve and enhance the character of adjacent established areas. The map attache' to this memo indicates established areas with hash marks and developing areas with a dashed line. As is shown on the map,: the Cochran property is within an established area abutting a developing ;:area. Tho established developme,ret on 8W 106th is at approximately 9,000 square f::cxt lots, however, the two lots at 1 ^ Dakota, directly across c as a F?�! opposite corner of SW at i� �� the street t pp firm the Cochran's are developed ppro approximately 5,000 ?quare Feet each single family attached unit. In addition, staff feels that since the M,Lnor Land Partition has not expired, the pre - existing approval should be considred in the decision JMEMM „■■■■ VIM" o City Administrator updated agenda, and. diotributed . additional information on non-agenda items. Item 11,5 was pulled from the Consent Agenda and placed under Non - Agenda items for discussion. Item 11.6 was pulled off Consent Agenda for future discussion. Additional-Non-Agenda items. include 12.1 -- Training; 12.2 - LID - Right-of-Way Acquisition; and 12.3 a Status of Metzger Annexat i cn. o The Park Board Tour %All be June 17 at 6100 p. m. Cc unc i l or ss, Brian, Johnfon, Eadon, and :f dwards . indicated they will attend. o Councilor Eadon questioned ',ow t.2d.- USA interest charge memorandum affects the City Co' ncilas previous decision. City Administrator said it has no effect on c.eir action. but. mak• be. an item the Council will want to di cuss at a later date to adopt an ordinance for the City to charge interest fees on late payments., e, The Council dis'us "ed 'the Waymire appeal requesting information from Legal Counsel as to the standards .used for denial of the request. The Council was unclear as to the $;eterpretation the Planning Commission based their decision. • ROLL CALL* Presents- Coune i 1 President '?'om Brian; Councilors Carolyn Eadon, Valerie Johnson, and Jerry Edwards (left at 9 :00 p.m.); .City Staffi Bob Jean, City Administrator; Bill Monahan, Community Development. Director; Tim Ramis, Legax Counsel; and Gerry. Bowles, Recorder Protem. Absents Mayor John Cook . CALL TO STAFF AND COUNCIL FOR AGENDA ITEMS a. City Administrator reviewed the, updated agenda as diJcusced in the Study Session. . VISITOR'S AGENDAS No ono appeared to speak. ▪ PR .BENTATION OF KEYS TO THE CITY Keys to the City were presented to the Civic Center Advisory Committee, Civic Center Dedication Committee Transportation ittee, and Economic Development Com4ttee in appreciation for their tkme and efforts. CA vASS ELECTION R SULTS - May 20, 1926 Primary aa. Motion by Counc i l or John ,, seconded by Councilor Eadon t o accept and file May 20, 1986, Primary Election „Results. Motion approved by unanis vo1'1e of '`cil prsaan. e.Ct' ( Y +1 i,p'h +l NE 1/4 1/4 SECTION 34 T RI W W.M. WASHINGTON COUNTY OREGON SCALE 1%100° 1/4 5rC1e1'ON C,NOdtR� I X 4 100 N69 °45.W 1800 .96 AC, 1'( ' • 62.45 • 134.S1 . , 60 a34 29 'INUI. L' 'r'1 M'o'•�• �„ ,N Ft 1700 1000 a; 900 INITIAL PT.' ' 3800 1 7 it .9i7AC 96 AC. �x 1 -1-� p 134, LL, ' I ti.1:. 1 :; 1 100 134.26 ; C4 ': It�1:M ;'.‘k.‘ so 800 N - {''U!; t`t`:;t 0. V 1300' 600 l�,' 444-4 ,,:;� 3 .z\ ' 1�47\ C.c1 • 0 500 ,,1 t. 1500 1903 . /9.A c. El., 40 • `'•1 •` 400 t ` 0:4 �� �� fs , � a `t 4 • 3600 IA, !i.! .71.1..1° t .t..1 300 _� =. n os 1. ' 13 P, '`` . ` % . 302 w ar 1 i "'s 60 + 164.9 154.3 55.1 r 67 67 4069 2.65CH 50 s 2400 2500 2600 2700 2800 .4..7,t" 1 'At' !'r`riI7C' 664 t' /26AC 2900 3000 PoAc „ 410 TIGARD PLANNING COMMISSION REGULAR MEETINGS — JULY 8, 1986 1. President Moen called the meeting to order at 7:85 PM. The meeting was hell at the Tigard Civic Center -- Town Hall Room 13125 SW Hall Blvd. Tigard, Oregon. 2. ROLL CALL: PRESENT: President Moen; Commissioners Owens, Butler, Fyre, Peterson, Vanderwood, and Newton. ABSENT: Commissioners Will Newman and Deane Leverett STAFF: Sqnior Planner Keith Liden; Assistant Planner Deborah Stuart; Secretary Diane Jelderks. APPROVAL OF MINUTES Commissioner Owens moved and Commissioner Peterson seconded to approve the minutes as submitted. Motion carried by majority of Commissioners pre «rent, Commissioner Newton abstained. PLANNING COMMISSION COMMUNICATION Senior Planner Liden stated that Albert R;id Virginia Misterek, Agenda Item 5.8 (Subdivision S 14-86 /Lot Line Adj . M 16-06/Variance _ V 13-86) had requested their item be set over to the August Hearing. President Moen moved and Commissioner Owens seconded to set Agenda Item 5.8 over to the AUgust Planning Commission Hearing. Motion carrion unanimously by Commissioners present. Larry Conrad, Senior Planner, City of Beaverton did a half —Hour presentation on the Urban Services Study Commissioner Butler stated that he had written a letter, as a private citizen, to'the._Boundary Commission regarding the Metzger Annexation. S. PUBLIC HEARINGS. 5.1 REVIEW APPLICATIONS F P APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATION; Applications were reviewed for Patricia Taylor Cantrell for membership in NPO 0 2 (presently combined with NPO # 1) and for Daniel R. Gott for membershi p presen t in NPO 0 1.. Patricia Cantrell was unable to attend the - been Daniel Gott was nt and stated he had been attendan g NPO i l's meetings and was concerned with changes being made in the neighborhood and wanted to be involved in the process. Commissioner Owens moved and Commis$ over Butler seconded to forward the applications to city Council wii4S a recommendation for appointment. Motion carried unanimously by CommisSioner:; present. �� �x y PLAN � ING +COMMISSION MiNII TES Ti ` ,18 4,986 P4ge 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 4 -86 ZONE CHANGE ZC 6 -86 NPO 0 7 A request by MADELINE & WILLIAM COCHRAN foe a Comprehens t,ve Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R -4.5 to R -7. The property is located on the northwest corner of SW 106th and SW North Dakota (WCTM 1ST 34DA lot 1600). Senior Planner Liden reviewed the for approval. PUBLIC TESTIMONY Richard Boberg, NPO 0 7 Chairman, stated that the NPO had not reviewed the proposal. However, unless there had been an error made, he opposed the ;proposal. He did not feel medium density should be allowed to creep into low density areas. proposal and made staff's recommendation Richard St. Clair, with Mr. Boberg. 11060 SW 106th, also opposed the proposal, concurring PUBLIC HEARING CLOSED o Consensus of the Commission was to deny the application because of the time that had elasped, the Comprehensive Plan process and adoption had taken place and policy 6.3.3 is in effect which protects established areas. They felt the Council should look at the whole area incrersin to R -7 ins cead of just one lot Commissioner Vanderwood moiled nd Commissioner Newton seconded to forward CPA 4 -86 and ZC 6 -86 to City Council with a recommendation for denial. Motion carried unanimously by Commissioners present» o 5.6 PLANNED DEVELOPMENT PD 4 -86, SUBDIVISION S 12 -86, SENSITIVE LANDS Si_ 7 --86, ZONE CHANGE ZC 7-86 SPECTRUM PROPERTIES, INC. NPO 0 7 Request for a Zone Change from R-12 to R --12PD (Residential, 12 wits /acre, planned t Subdivide 6.3� acres into 16 lot fro �a 5,000 to 7,000esq. ft, and for a Sensitive Lands permit to construct nuif street :,,�•,' improvements within the 100 year flood plain. Located: North side of SW North Dakota approximately 360' east of SW 106th Avenue (WCdM 1S1 34DA -lot 100). .h Senior Planner Liden reviwed the proposal ' mendation s» foraoval with 2� condition oposal and made �taf e: f s re com pIS r� APPLICANT'S PRESENTATION -41 ' o Glen McCurdy, 2798 SW Talbot Road, Portland, 97201, stated that he had an ' option to purchase property. . h » :unit property being ['� � eon the With the tg of the y b�. R-12 he could build 40 +apartment units. He is proposing 16 single family Lu r p lots Minimum lot requirement is 3500, his proposal is for 5,000 to 7,000 » q the flood plain; He concurred with with at least 3500 s ft» above staff's recommendation. PUBLIC TESTIMONY 'PLANNING COMMISSION MINUTES JuIy 3, 1996 Page 5 • 44474.-tiff). CITY: F° .TIGARD, .OREGON ORDiNANiCE NO. ".. • • AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MADELINE T. COCH? N FOR AN AMENDMENT TO THE.1970 ZONING HAP OF THE CITY OF AND TIGARD, DEPICTED THE ZONE DISTRICT FOR A .TRACT. OF. ,LAND AT 10605 S.W. N. DAKOTA, D ON WASHINGTON COUNTY P)t HAP IS1 34DA, . TAX LOT 1000, F1'3OM CITY, OF TIGARD "It -7" TO. CIT!l OF TIGAto 'R-•5" SINGLE FAMILY RESIDENTIAL, (5 0000 SQUARE 'FOOT RESIDENTIAL) AND ADOPTING EXHIBITS "A", "B", & "C" GRANT1RG ME APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: '10CTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as City of Tigard "R-7" ad further findings that pursuant to prescribed procedures, the above- stated application for a zoning map amendment was heard in a public hearing held by the Tigard ,Planning Commission on August 7, 1979, and all interested persons were there and then afforded an opportunity to be heard, and thereafter the iP1anrning Commission filed its report and recommended approval with the City Retarder, a copy therefore hereto attached :end by reference mGtde a part hereof, the Council adopts the following substantive findings: A. That the applicant is in conformance with the Urban Low Density Residential c' signat on • o NPO ##7 Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood. 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of SECTION Tigard Municipal Code, the applicant's request for an amendment Tigard Zonis Map of 1970 to zone those e0lands square in the attached of the 9 9 P Exhibit. A fol. Single Family Residential ( q foot residential) (R -5) use is hereby approved .subject to the provisions of Code 18.20 hereby �� k9 . (Single Family Residential Zones) of the Tigard Municipal died in or exhibited by the docum::nts submitted and identified as fo .letia: Exhibit "A": - Legal Description Exhibit "B": - Staff Report tuhibit "C" - Site Plan And further subject to the following conditions That the applicant dedicate ten fe't of right -of -way along S.W. North Dakota Street with half-street improvements to collector street standards prior to issuance of building permits or atte't• performance bond for improvements have been approved, That construction and drainage plans be approved by the and. Building Depart nts prior to isauance of pe 4ts 9' No Occupancy Pe rMits shall be issued until all conditions h a o been satisfied and approved by the Planning Director and fi 'rat inspections have b4en madee by the But ding Official, eri■tg � A i veveetwesesemmeemmammeemie Approved by unanimous vote .of..Count! i present. RECESS CONTRACT REVIEW BOARD MEET I Nd Meeting called to order at 101 i0. p.m.. Present were Board members Tom . Br i an v Carolyn Eadon, and Valerie Johnson. Motion by Board member Johnson, seconded by Board member Eadon Erato authorize advertisement for. bids for SW. Fairview and SW 68th Pavement Over 1 ay projects. Approved by .unaniaous vote of Board present. Meeting adjourned at 10, 12 p.m. RECONVENE e 10912 p.m. COCHRAN COMP PLAN AMENDMENT DISCUSSION Community 19aIelopaaent Director revierw d the request. The Council discussed whether all fees should be waived. Councilor Eadon indicated'' that the error was not a result of the f Cit '3 negligence. Councilor .Brian felt that the City has of compromise. The Minor Land Partition will incur staff timo. pointed out the notation made on the City s receiptorsaY yingon "record minor land partition." This could be receipt construed to mean that the transaction had taken place as a result of the payment. It appearc that the Cochran's folt they had gone through proper channels and completed their filing. Councilor ` Johnson felt both fees should be waived. r Motion by Councilor Johnson to modify staff * recommendation and ' Waive both fees. CL. Er u) Motion died for lack of a second. Motio n by Council President B r i an sa onded b y Counc i l or Eadon, that staff be directed to initiate the Comprehensi ve Plan Amendment and Minor Land Partition and waive the fee for Comprehensive Plan Amend, eent only. Aporoved by a 2 -1 majority Johnson voting nay. 'items a considered! to be routine and CONSENT ASENaA m These ar enacted in one motion wdthout separate discuswrion Anyofe ay that any item be removed by motion for discut4ion and separate Notion to may be request action. CITY :pg.. `TXGARD, :OREGON ORDINANCE AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MADELINE T. COCHRAN FOR AN AMENDMENT TO TOE, 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING' THE ZONE DISTRICT FOR A .TRACT. OF; I+AND AT 10695 S.W. N DAKOTA, AND DEPICTED ON WASHINGTON COUNTY TAX MAP 151 34DA, . TAX,LOT 1600, FROM CITY, OF TIGARD "R 7" TO • CITX OF TIGA1,fl o ®i -.S t� SINGLE FAMILY RESIDENTIAL (5,000 SQUARE 'FOOT RESIDENTIAL) AND ADOPTING EXHIBITS "A ", "B ", & "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLCMS: SECTION 1: Finding that the lands hereinafter described have been heretofcr, and are now clasrtified as City of rAgard ",P •7" and further findings that pursuant to prewcribed procedures, the a. v+- stated application for a zoning map amendment was heard in a public "hearinc, held by the Tigard Planning Commission on August 7, 1979, and all interestec1 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 substantive findings: A. That the applicant is in conformance with the Urban Low Density Residential designation • of NPO #7 Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood. SECTION 2: ThEREFORE, pursuant to the zeq iirements 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 Sing is Famil y Residential (5,000 s q uare f oot residential) - (R -5) use is hereby approved subject to the provisions of Chapter 18.20 (Single Family Residential Zones) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identified as follows: Exhibit "A": Legal Description Exhibit "B": Staff Report Exhibit "C ": Site Plan And further subject to the following conditions: 1. That the applicant dedicate ten feet of right -- ^f -way ai niz S,W North Dakota Street with half-street improvements tr: collector prior to issuance o street standards p f bt i1ding�pe mits or after. performance bond for improvements have been ap;�. "loved. That construction r&wed by the En inee r n9 n and a�rai.n, ge plans be app �' 9 g prior to is.�uance of permits. and Building Departments No occupancy � conditions harp panc,�► Permits shall. be issued until all condy roved by Planning and final . ce and app by the Planlnin a�,xectorr been. sa�isg�,ed y inspectio:ls ham. been made b the Building Official. 4. No Minor Land Par titions shall be made in reference. to this project unless-formal application' is made to the City of Tigard Planning t partment and the Minor Land Partition is approved. S. No changes will be made to approved plans or specificatiow unless formal application , is made .to tive appropriate depertmant and changes are approved, by that department. Application for changes will be made in writing and shall include applicable drawings, engine ring specifications and other 6eta le requested by the department. No construction shall take place in these instances until aft6.e the changes have been approve.'!. 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 Coun it and approval of the Mayor. PASSED: • By L°.tdtur►umjcarL s _ vote of all Council members present this ay _ day of Oki el/ .�..,• X979, after being vead two times by number and title only. 1979. Page' ORD/N tCE NCf. 79- ZC 28-19 At tachnte h is • STAFF RE:'ORT ACSNDA 5.4 TIGARD PLANNING COMNISSXON August 7, 1979 -. 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut - Tigard, Oregon DOCKET: Zone Change 2C, 29 -79 APPLICANT: Mr. and Ors. William, Cockra.n OWNER: : same . 9650 -S.W. 47th Ave Portland, Oregon 97219 APPLICATION [WET.: July 2, 1979 SITE )VOCATION: 106: S.W. North Dakota (Wash. Co. Tax Map 1S1 34DA, Tax Lot 1600) REQUEST: For a zone map amendment from City of Tigard R-7 "Single Family ctesiden- • ta.a1" to City of Tigard R -5 (5,000 square foot residential) on z .40 acre 'parcel- FINDINGS 02 FAZT The site is designated "Urban Low Density" on the NPO 7 Plan r.wrmitt ng •six single fa_ri.3j dwelling units per gross acre. #7, plan policies. for .residential development are as Public service iu r cvettenfs - Policies Z. and 3 (page 3) . +ng the rezoning .of the .40 acre site in `�' 3 • The applicants are requesting accordance with Section 16 the t Code annd . le�',?[� ati 1 - , 20.030 of you TT�nardmP4tanac�. � . on policy y!� mg y Tigard g p compliance with the City of Ti a in Co . W 21, 1979. adopted on t'ay , 4. There is a single family unit on the southern portion of the aite front- ing North Dakota Street. The site is generally flat with' a slight +declin.ir e _de to the north. T.he entire surrounding land uses are single family units. The 'p t' po r t i e CC to and west are in the county. The subdivision ze.0 j .e,`�yu t to the northrisain the pity: . The site at the corner of S.W. 106th (a City street) and S.W. North Dakota 'which is a county road, S.W. 106th fronting the eastern pc i t'u. K � 1 - fully improved to City standards, S.W. North Dakota t 4 m the site i � full i deigr- t:ed as a collector street on the NPO t7 Plah, tt presently a:. in substanc a d cnn lit.ion having inadequate pa.Jthq and ri q d or- width with no curbs or sidewalks. Sewer service is al*ailable to the site from the line off S.W. 'i0 tt� * Water service is also available, / Q .STAFF -IMPORT'.'I..'. 1. . ACENID.A 5.4 TIGAPI) PLAN I U G CO ilISSI ' • 'August 7, 1S 7S.' ZC 28-79 Page II. CONCLVSIONARY FI DINGS : 1. The request is in conformance to the Housing Implementation Policy:, 2. Sewer and water are available to the site. 3. Street improvement along S.W. North Dakota are required. ICI. STAFF 1 EcOMMENDATIONS m Staff recemmends . approval of the R--s zone change subject to the following conditions: k , • A. That .the applicant dedicate ten teet of dedication along S.W. North Dako%.a Street wi.th-'haifp street improvements to collector street standards prior to issuance of•.•bu ilding permits or after performance bud for improve- • ants have been approved. • ' That constiuctiOn.ana draiaage plans be .approved by , the Engineering ad Building Departaents .prior.`to issuapce' of permit. • No c up an ot . pe Auxis 'shall be issued until all conditions ons hate` a satis- fied and approved by the , Planning Director and final inspections have been wad by the Buildii , Official. . No. Minor Land Partitions' shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the Minor Land Partition is approved. No changes will be made to approved pla,s or specifications ';leass;mal 4ppircaticn is made to the appropriate department and changes are approved by that department. Application f'or changes will be made in writiqg and shall include applicable drawings, engineering specifications end cther details requested by the department. No construction shall take plate in these instances until after the changes have been approved. Any deviation from this condiOrIn will result in the immediate posting of a stop work order on the h:roject or any portion of the project. Report reviewed by Alt e City Planner P % yard 4 nirec �. :'.�. .� .. =y 4.�i. Mai'•'. =MINDi r tD. •PARTITTOX ; , NLP 2 80 (O0caR T) ;.r 1 PPLIC%N s e' •:and Mrs.. Rile Ae Cochran GONER:. 9650 47th Avenue Portland, 'Oregon' 97219 APPLICATION. D RTE a December 86 ' 1980 REQUEST: To '•partit, .on a ' ,6' 416 square foot' lot -into three (3) lots of • 'approximately :. 5 3(0 , square feet each SITE LOCATION: 10695 SW.:North Dakota (Nash. Co. Tax Map 151 34DA, Tax Lot 1600) SITE l SXGNATIOT Zoning *-5•, Comprehensive Plan R -5 PREVIOUS , At ICR e, r • ter, PINDXN PAC' :... zk.y .t •t' . . Applicant pr.apo ses �'to partition (3) lots ' three . z ' With the intent of constructing one (1) : single ;f ly'home on • each 'lot. The existing house will have to be roved of . removed before any'buildixtg takes place on the middle or west lot.' e ' , � .� , � �,^ llec'�or street; requiring sixty' (60') feet. sight- of" -,way. North Il�ote: is a ' <.o t Nor.h . Curtin 1y, a�ak� �s, is snot •s.mprov+ed in front of the site. to • 106th Airenue .s a local st require .,. ...� - , x�ee� . ti-of -moray. t , . t � . ng •'aEif (50' } feet nigh .1. half ,street i rovemen is ha been s•made 3n front of the site • The applicant was requested: oo dedicate ten (10') feet along SW North Dakota as ,a condition of Zone Change, ZC . 287-79. been done This had not as. of December 12, '1980. • Can September 24, 1979, the Tigard City Council approved Zone Change, ZC 28 -79 with Conditions. (See attached Staff Report) Water and sewer service are available to the site City Council policy recpiires that half street improvements be made for ,a minor land partitions at the time of the partition. 12420 S.W MAIN P.0, BOX 23307 1 IGARD, OREGON 97223 PIA! 639-4171 RT /FINAL ACTION , A.22 -84 . , t Y;�NNINC� DEPAR1 II m C ONCWXISIONARY FINDINGS: 1 The •proposed Fartitis n Znd Use are in conformance with the Comprehensive Plan. ¶e ' Zone Change to R-5 has been approved (ZC 28_79) 2. The necessary right -of -way dedication on SW North Dakota has not been made. III. STAFF DECXSMON c Staff a arc this Partition subject to the following conditions: 1..-The existing house must be moved or removed before Building Permits are issued on the middle and westerly lots. 2. The necessary ten (10A) foot street dedication on North Dakota shall be made , to the public before any permits arc issued. No Occupancy Permits shall be issued until all conditions placed upon this fi evelopment, b; the City of-Tigard have been satisfied and inspections 3;f y� ni this ' have been carried out • by 'the . appropriate department . . No . changes will be zn'de to approved plans of .speeificattasa ,. Unless formal application is made to .the appropriate City depaitment, and• changes are approved by that department. Application for changes' will be mete in writha7 and shall include applicabl: drawings. Grading and construction plans for all work in public rights-of-way shall be prepared by a registered, professional engineer in accxrdance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require Forks pntgl must either be (design) ' Approved by the Publi.,' er (1) fully and satisfactorily constructed prior to the recording of any minor land partition o r issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land parita:on or issuance of Building Permits, All existing proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Departs ent. %. " A metes and bounds legal description and map shall accompany 4 dedication of public rights -of -way, and shall be prepared by a registsred engineer or land surveyor, All, streets and parking avlas shall be - concrete or asph lt. All sidewalks shall be concrete. STAFF REPORT •ENDA ITEM 5.5 TIGARD PLANNING COMMISSION CITY OF TI+GARD— TWIN HALL 1312► S.W. HALL TIGARD, OREGON 97223 TUESDAY, JULY 8, 1986 -7 :3,0 PM A FACTS 1. General 1.0forma Lion CASE: Comprehensive Plan Amendment CPA 4 -86 Zone Change ZC 6-86 REQUEST: For a Comprehensive Play' :amendment from Low Density Residential and a Zone Change from R -4.5 to R-7. COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION OWNER Madeline & William Cochran a P^LICA�IT: City of Tigard 96 50 SW 47th Avenue Portland, OR 97225 LOCATION: Northwest corner of SW, 106th and SW North Dakota (WCTM 1S1 34DA Tax Lot 1600). . Packg `ound � � Council approved Ordinance 79-88 On September 24, 1979, the Tigard City Caunc3.lo��ned b thc, Cochran's at which changed the zone distri�.t on property by 980, 10695 SW North Dakota from R-7 to R -5 (5,000 approval 5,000 sq: ft: lats). In 1980, based on that zoning, the Cochran s applied for and received Kith conditions from the Planning Director for a Mino r Land partition. In 1981, , the Cochran's recorded the staff report with Washington County as instructed in the staff report but did not. record the partition map Since was Mat recorded, tie apprav i,�g the Minor• Land Parta,t�n�n • andTaxation did d id nor partition 'the Wash. Co. Dept. of Assessment on the tax maps or in their assessment records so, the property remained in one piece. During the Comprehensive Planning process. since the partition did not appear en he zoning assigned to have beer recorded, to the property ' was R-4 5 whir h Was in conformance -'h the surrounding y area Recently Mrs ► Cochran came in to discuss the Minor Land Partition with staff and was told that the approval had expired. Mrs. Cochran : feels that the expiration' occurred without her .know that She was f �� i cil requesting behalf, At the Council ne '� instructed' to write a letter to the. C�oran initiate on her irritiatie a Comprehens ive Plan Amend City 1986 Cit Council Meeting the Council voted to initiate the Comprehensive Plan, Amendment. • 3. Vicinity Information All of the surrounding properties are designated Low Density and zoned R -3.5. 4. Site Information There is a small residence on the property which faces SW North Dakota. There are several/ overgrown trees and shrubs on the east side of the property between the house and SW 106th. SW 106th has been improved to City standards with sidewalks, drainage, and pavement width. SW North Dakota is not improved to City standards although a dedication of right —of --way has been made to accommodate improvements. There is an open drainage ditch on SW North Dakota and there are no sidewalks. 5. Agency and NPO Comments NPO #7 has been notified of the application request but no written comments have been submitted. FINDINGS AND .CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies 2.1.1, 6.1.1 and ths: locational criteria in Chapter 12. The Planning staff conclu'as that the above criteria are satisfied based upon the following findings; Policy 2.1.1 is sacisfied because the NCO has been informed and given an opportunity to comment and notice 'of the public hearing has been sent to nearby property owners. Policy 6.1.1 is satisfied because the proposed rezoning will provide for a diversity of housing densities in the area The location: r °iteria are satisfied because the property is not committed to i ..4 density development. In addition land to the west and south of the property is underdeveloped acrd there is attached residential across minor collector 106th ector ®n the east . SW designated North Dakota is as a Transportation Plan Map. There are no development limitations on the property such as topography, flooding or poor drainage. There is panic transportation available within 1/2 mile. RECOMMENDATION Staff S Based upon the above findings and conclusions, the Planning • recommends that the Planning Commission forward a recommendation of approval of CPA 446, and ZC 6 -96 to City Council. APPR a VED BY: William A. Monahan Director of Community Develnpment PREPARED BY: lizab•th Newton Senior Planner (EAN i b5117 ) ins . pp�//II `�y^��• T � {a, (`1 ^����4 ■/ j��� M1 EPOR /P J A 1 ices , -22 -80 '',7,11.LIGAR6 PLANNING DEP14kTMENT. :Page • 9. Half• street iinprove nta shall. cona Luc ted to th:e approval of the Public Works Department prior to the :'iasi noe of .a BuivI�ding Permit. ted p ,' r with the C .ty of Tigard �. bond shall be os e for ,100% of the cost of 'the half ` street i spr yez ent lirioc to, recording the land partition with Washington County Pr d by Elizabeth Ann Newton SPECIAL ASSISTANT TO THE PLANNING DIRECTOR PLANNING DIRECTOR I your minor land partition has been approved and you hcve signed and retun ed t'he ? w � ; rnowledgement agreeing to M:atisty the conditions placed upon is action, you should now have your partition recorded by the Washington County Department of Assessment and Taxation. You should .take copies• of your partition map and our Staff Report . to the County to facilitate regarding. Your minor land partition is not official until it is recorded. Signature Signature Date AFFIDAVIT OF MAILING STATE OF OREGON. County of Washington ) ss. City of, Tigard ) I, Catherine D. Wheatley and say: (Please Print) That n Office Assistant II for t I am a The City :if Tigard, Oregon. That I sensed notice of Final Decision for Tigard City Council. of which the attached is a copy (Marked Exhibit A) upon each of the following named day of Se tember 198 6_ , by mailing to persons on the � 2tri _ y � ---.- each of them at the address shown on the attached list (Marked Exhibit B), said notice as hereto attached, b y Footing on an appropriate bulletin board on the 10th day of September 1926.; and deposited in the United • day of September ...,, 1986 postage States Mail on the 12th P %prepaid. being first duly sworn, on oath depose Lure Per ' p :.i Person who deli', . ed to POST OFFICE Se timber __� 198 6 Subscribed and sworn to before me on the 1;2„ t., day of p sted o YiY lf. r .. ii• i 440 i 14i• 1•..ii iY.Mi•i!Y 0 . is J•IiiYOr .YIYi 444i•.ia ARCHA K. HUNT NOTAFY PUBLIC --- OREGON ij ly L.. d..' t;^!'' �SS�cri� \�Y�1�.J•.r*..ili•Y.i /iMi 14 ,•,•...1 ;riiw ,r ,• i w . bW +i.i��i +Mi +l is 44• My Commission EKpiras (0257P) Air el V CITY OF TIGARD, OREGON NOTICE OF FINAL DECISION - BY CITY COUNCIL (Sec. 18.32.380) 1. Concerning Case Number (s) CPA 6-86 and ZC 6 -86 2. Name of Owner: Madeline & William Cochran 9650 SW 47th Ave. 97219 3. Name of Applicant: City of Tigard Address 13125 SW Hall Blvd. 4. Location of Property: Address City Tigard State OR Zip 97223 Northwest !corner of SW 106th and SW North Dakota Legal Description 1S1 34DA lot 1600 5. Nature of Application: Request for a Comprehensive Plan Amendment ; :rom Low Density Residential to Medium density Residential, and a Zone Change from R -4.5 to R-7. 6. Action: The Tigard City Council heard this item on 8/11/86 and adopted findings of approval for the request on 8/25/86. Ordinance No. 86 -40 is attached. Notice: Notice was published in the newspaper, posted at City Hall and mailed to The applicant & owners Owners of record within the required distance p The affected Neighborhood Planning Organization X. Affected governmental agencies . Final Decision: THE DECISION WAS SIGNED ON 8/25/86 AND BECOMES EFFECTIVE ON 9/10/86 , The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223, A review of this decision may be obtained, by filing a notice of intent with the Oregon Land Use Board of Appeals (CUBA) according to their procedures, Questions: If you have any questions, please call the Tigard City Recorder at 639-4171. (0257 CITY' OF TIGARD, OREGON ORDINANt NO*. 86- AN ORDI `LANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHE STVE PLAN AMENDMEM',T (CPA 6 -86) i4ND ZONE CHANGE (ZC. 6-86) PROPOSED BY THE CITY OF VIGARD (COCHRAN) WHEREAS, Madeline and William Cochran have requested a Comprehensive Plan Amendment f rom Low Density Residential to Medium Density ResidentiaL and a Zone Change from R 4:5 Oesidential 4.5 units /acre) to R -7 (Residential 7 units /acre; and WHEREAS, the Planning Commission reviewed the proposal on July 8, 1986, and recommended denial of the amendment; and WHEREAS, a public hearing was held before City Council on August 11, 1986, . to consider the Commission recomrrandation. THE CITY OF TIGARD ORDAINS AS FOLLOWS � r� in ia as Section 1. The proposal is consistent with all relevant crite discussed n the July 8, 1986, Planning staff report to L lanning Commission (Exhibit "A"). Section 2: The City Council reverses the Planning Commission's recommendation for denial of the Comprehensive Plan Land Use Map and Zoning Flap Amendment as set forth in Exhibit °`801 (map) Section 3: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor PASSED: By � ` �_ vote. of all Council members present after y ��� - umber and title only, this ���'� day being read by .-., of r « , 186 Loreian R. Wilson, Acting City Recorder APPROVED: This E day of STAFF REPORT TIGARD PLANNING CONMISSION CITY OF TIGARD-TOWN HALL . 13125 S.W. HALL TIGARD, OREGON 97223 TUESDAY, JULY 8, 1986 -7:30 PM FACTS 1' a 1. General Information CASE Comprehensive Plan Amendment CPA 4-86 Zone Change ZC 6-86 DA ITEM 5.5 REQUEST: For a Comprehensive Plan Amendment from Low Density Residential and a Zone Change from R -4.5 to R -7 COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: APPLICANT: City of Tigard OWNER Madeline & William Cochran 9650 SW 47th Avenue Portland, OR 97225 LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1S1 S 4VA Tax Lot 1600) a . Ra„_,g, round_ 24, 1979, the Tigard City Council . approved Ordinance 79-88 On September the Cochrnn °s at ed the zone district on property owned by which ah�;a�g , (5,000 sq. ft. lots). In 1964, 10695 SW North Dakota from R-7 to R-5 (5 1 80 based on, that zoning, the ' ochran' s applied for and received app with conditions from the Planning Director for a Minor L nd Partition. In 1901. the Cochran's recorded the staff report with Washington County but did not record the partition map as instructed l not re, ` atpproving the Minor Land Partition. Since the map t4l a s Wash. Co. Dept. of Assostment and Taxation did not partition the Planning o b the property property on the tax amps or in their assessment records s remained in one piece. During the Comprehensive process. since the partition did not appear to have been recorded, the zoning assigned to the property was R -3.5a which 'ms's in conformance with the surrounding area Recently Mrs. Cochran c*nte in to discuss the Minor Land partition .. with staff and was told that the approval had expired. Mrs. Cochran occurred without her knowledge. She was feels that to wr to a letter �to tha. Council requesting that the Council instructed her behalf, At the Strom initiate a Comprehensive Plan Amendment on he 9. 1116 City Ccunci 1 meeting the Counc voted to initiate the Compr®hens ieie. Plan Amendment. STAFF REPORT - 6 ,-86 PAGE 1 - CPA A 86 �+ IC 3. •Vicinit Information All of the surrounding properties are designated low Density and zoned R -3.5. 4. Site a Information There is a small residence on the property which faces SW North Dakota. Thera are several, overgrown trees and shrubs on the east side of the property between the house and SW 106th. SW 106th has been improver to City standards with sidewalks, drainage, • and pavement width. SW North Dakota is not improved to City standards although a c'adication of right-of-way has been made to accommodate improvements. ,There is an open drainage ditch on SW North Dakota and there are no s a eJ�a Agency ancIP0 is NPO 7 has been notified of the application request but no written comments have .been submitted. FYNOINGS AND .CONCLUSIONS The relevant approval criteria in this case are comprehensive Plan Policies 2.1.1, 6.1.1 and the locational criteria in Chapter 12. The Planning staff concludes that the above` criteria are satisfied based upon the' following findings: . ..r. Policy 2.1 .1 is satisfied because the NPO has been informed and given an opportunity to comment and note ce of the public hearing has been sent to nearby property owner° s Policy 6.1./ is satisfied because the proposed provide for a diversity of housing densities in the The y. j 1.../Cri �11,ak.;:.ares�le�dj:ocuseJ ;ins:'. committed ytb,,' .. n 'arldi; � IY � ' � � ; �..: 4TV4�v @Zo ti' 'i Vr�! t l'S,� .. s,4" ODC *Olt ritistk4 *4001:4;40r* . sV ,pro public • . RECOMMENDATION 1ENDATION Based the Planning Staff upon the. above findings and conclusions c nd s that the Planning Commission forward a recommendation of approv 1 of CPA 4 -86 and ZC 6 -86 to City Council. rezoning will area o , he 're ,;is SW :;,the cm erg . lr ,41465 PREPARED BY: liza... th Newton Senior Planner (EAN:bs117) STAFF REPORT ... ZC PAGE 2 � CPA ��8fi � Z 6 PAGE APPR'V 0 0Y. . William A, Monoklin Director of CoMmUnity Olavelo` ent xrn'r "t5 " WASHINGTON COUNTY OREGON SCALE 1%100° SEE MAP IS 1 34A0 02.43 1700 .96 AC eh S`OWN CORNeN 10.1. %• • t■• - 134.31,._. GO t,4, r?9 'INITIAL P1 111" N• .. 1000 e+'..,,., • '' 900 INtriAL PT:-.: : 3800 . Jq 9 LU r: 7 11,1 4 :9r 100 1 �, 134.3 1 l .1:, t a 1100 134.26 3 IOU ';114441 .,•1 \ :ID 2� \ 800 lint'`' :t . /9Ac. 33.1 144.9 ®2.4 1200 • +a4 1300' ' . • 4.Ip CI` • 600 . oaC 10 1400 :�. 3 C •k'V ` *11‘e\ • t 500 ` = a• 1 `�' 11 a • I C1—. I 46 f... . .1. 400 . —" to a 1 4 ✓� _ _... 7 SI , ya 1. r ,1 Ni 12 a•, 600 Rl •s.`. 100 .v 411.1 es 1$4.P6 t` et o. a 300 _��. " I+,..► T3 CO 302 to Ito. 1500 2 500 2600 2 700 I. idle 664c* , f 26AC+ ' .fib +I t , Madeline & William Cochran 9650 SW 47th Ave: Portland, 0R' 972:9 Richard Boberg 10660 SW North Dakota Tigard.;. OR 97223 G1111 1i Q.11, H1, 1, fA01%. w . f+: x l:f0MS:.:rttarf...a..t',Z0.74', TIGARD CITY COUN'C L REGULAR MEETING MINUTES -- AUGUST 11, "9e6 -- 6:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilwrs Tom Brian, Carolyn Eadon (arrived at 7 :45 PM), Jerry Edwards, and Valerie Johnson; City Staff: Bob Jean, City Administrator; David C. Lehr, Chief of Police; Bill Monahan, Community Development Director Tim Ramis, Legal Counsel; and Loreen !Wilson, Acting City Recorder. STUDY SESSION a. Council and ftaff reviewed the items on the meeting agenda. Discussion followed regarding a Charter revision suggestion to allow for an interim appointment process for City Council vacancies, Consensus of Council a ',as to direct staff to prepare ballot measure similar to that of Multnomah County and present for approval at the 8/25/86 meeting. REGULAR MEETING BEGAN AT 7:03 PM CALL TO aTAFF AND cOUNC .L FOR NON—AGENDA ITEMS City Administrator requested the following he added to Non- Agenda: .1 Current/Potential loard and Committee Vacancies Report Motion by Councilor Brian, seconded by Councilor Johnson to approve. Approved by unanimous vote of Council present. VISITOR'S AGENDA Douglas McLean, Commander of the Tigard American Legion Post #158, advised the Council that the Post was dedicating placement of flags at the new Civic Center. The dedication will be scheduled in the near future. 3ulene Carlson, 14615 SW Hazeltree, stated she owned the property at 10375 SW McDonald. She expressed concern with the water from storm water runoff which creates a large body of water on her property. She noted staff disregard to the problem and stated she planned on backfi l l ing immediately. Staff noted that backfi l l ing would be in conflict with the Code and that they had been trying to work With Ms. Carlson. 10340 SW Nillview, noted he owns property next to M's.1 Carlson' s . 1 He stated concern regarding the old storm sewer g J failing with the volume of water be prodt'ced on the property and requested City action" Council requested staff stud the issue and suggest alternatives requested y gg to relieve the problem at the 0/25/0'6 Council meeting. ..� S AUGUST 11 Page: COUNCIL MINUTES TIGARD MUNICIPAL CODE REVISION Community Developmen be added to the buildings. He recommen ed approval of the ordinance. ORDINANCE NO. 8 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 7.40, NUISANCES, OF THE TIGARD MUNICIPAL CODE, SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Motion by Councilor Brian, seconded by Councilor Edwards to approve. sions need to or abandoned Approved by unanimous vote of Council present. COCHRAN -- COMPREHENSIr;°,'" A review by the City Council of a Planning Commission recommendation to deny a request by William and Madeline Cochran for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. The property is located on the northwest corner of SW 106th ana SW North Dakota (WCTM 1S1 34DA, Lot 1600). Public Hearin, Opened Ass, Cant Planner Newton outlined the history of the issue striting that the Aanning Commission recommended denial of the riaquest due to the time lapse from the date of original approval . of the application in 1980. The Planning Commission consensus was based on Policy 6.3.3 of the Comp Plan which stated that a primary consSderation of the City shall be to preserve and enhance the character of adjacent established areas. Public Testimony: No one appeared to speak. Assistant Planner Newton stated Planning Commission's recommendation was for denial, however, staff recommended approval since the Minor Land Partition had not expired, and suggested V the: pry— existing approval should be considered An the decision, Public Hearing Closed Councilor Johnson asked whether this action wrUld set a precedent and suggested Planning Commission and City Council study the whole area with a view to R-7 zoning; Assistant !.annex Newton stted that this action would be conformancc With the coda in that the MLP had not expired, After further discussion, Councilor Brian moved to adopt tentative findings of approval based on the history of the particular to develop findings for p � "cular parcel and directed staff t adoption on 8/25/86, Motion seconded by Councilor Johnson, Approved by unanimous vote of Ccuncil present. COUNCIL MINUTES - AUGUST 1 i, 1986" 1, 0.: . ,..■.Sws:•....: w. 5.1 .... 1;1. 'WA: ': 1,..p f«w.. r; ry. «,w. v.+;:w Y..:: �. l..r41.Y.1uu.1..1«kl 50.]4..1..1::11r141 .,;;... ii: y .r�. \t..:;�:...s�....vn«u..:v *, 7. PUBLIC HEARING — TIGARD ELECTRIC .L a W, sn A request by i igard Electric for re earin g on a request for a Temporary Use Permit which was denied by the City Council on June 23, 1986. The request is to use a mobile home as a temporary office for up to one year. Ti,e property is zoned Central Business District (CSD)d. Property is located at 8720 SW Burnham (WCTM 2S1 2DA, Lot 200). a. Public Hearing Opened Assistant Planner Newton synopsized the history of the request noting that the Council had called for the public hearing with Resolution No. 86-68. Public Testimony: Michael 3'. Scott, Attorney representing Tigard Electric, 9185 SW Burnham Street, Tigard, requested approval of the temporary use by Council noting that the business needed the ai ea as temporary offices for up to one year. Dennis Schnitz, President of Tigard Electric, apologized to the Council, for missing the first scheduled hearing, stated he did not realize a permit would be needed to use the tri filer as an office and requested Council approval of the permit„ for up to 1 year. City Council questioned the applicant regarding scheduled length of use, whether the trailer is legally hooked up to the sewer, and lease—hold options by Tigard Electric on the property. Assistant Planner Newton recommended appeoval with conditions as set forth in the staff report. Public Hearing Closed Councilors expressed concern regarding the illegal hookup to sewer and placement the trailer for office Councilor Brian temporary use permit. After further di an moved to tentatively approve the request for a temporary use permit for Tigard E'ectric based on the staff findings and conditions and directed staff to prepare the necessary documents for the 8/25/86 meeting. Motion seconded by Councilor Johnsen. Approved by unanimous vote of Council present. Discussion followed regarding the need for another condition regarding the placement of a traffic signal pole on the property for the Burnham /Hall ements� intersection improvements. Consensus of Council was to not require a traffic signal pole at this time. Page 8 - COUNCIL MINUTES. AUGUST ii, 1986 M. •. w:4. �, •.5'.4f 4'1..Y, wW'1. 14741i!. �'4.�14,44�• 00410 1C7uYl >.44 .Ii 1•Ii l4 1•, IY /41 B. PUBLIC HEARING LID FORMATION - 74TH AND CHERRY LID - PHASE 3 Public Hearing Opened City Engineer synopsized the history noting the LID had been modified in scope several times. He outlined the boundary of the propoeed LID for the City Council and stated the assessment would be computed on a modified area basis. He also presented a memorandum setting out various alt natives for addressing the high ground water in the area other than LID' s . City Recorder read a letter of remonstrance into the record from Mr. & Mrs. Robert Gage, Tax Lot 500. d, Public Testimony,: Opponent o Mr. Tony Maksym, 13565 SW 72nd Avenue, owner of Tax Lot 400, expressed his concern - regarding the way the LID was developed with several modifications to the scope of the project. He stated the 4..ID was now only servicing 6 lots and was not cost effective when most septic systems were not failing in the area. b. Proponents: Mr Raymond Ems, 13400 SW 76th Avenue, supported the LID and noted concern with the large amount of high ground water in the area. He also noted there is a need in the area for sewer iprovements. ,L141.-te-4*-preseed-to-the-Goene41-ferest-eleeisionee He stated out of the 6 property owners involved, 2 have remonstrated against formation Public Hearing Closed stated he recognized the Councilor Brian sta nixed the need for the high-ground to he controlled. He supported the 'LID noting that the property on high ground would never support an LID since tha ground water problems don't impact their property. Councilors Edwards,, Eadon, and Johnson opposed the formation of an LID at this time. They expressed the desire to have larger Lab's and noted that no real problem or health related issue was peed i lg in the area. Motion by Councilor Edwards, seconded by i,lor Eadon, • w,ttr'14"' discontirue consideration of the 74th & Cherry LID proposal. Motion approved by a 4-1 majorit,i vote of Council present. Councilor Brian voting nay. AUGUBT 11 1906 . �.:, �:, u.- a. �.:.:•. Iw Y. Si: 1. Y. wZ1: 1:. L./. �t�:.: S: � ...Yf:.:tt.y.r.:f:'r:,+:.1..:.. ..,�a ..... ... • 135TH .ID MOTION TO INITIATE PHASE I a. City Engineer advised Council t ;gat jurisdiction of 135th Avenue was just received from Washington County. The County had . engineering information researched and accomplished preliminary en on an LID for the area He requested Council initiate the process so that staff could continue to studyhe feasibility of an LID. Motion by Councilor Brian, seconded by Councilor Johnson to initiate the feasibility study of an LID in the 135th Avenue area. Approved by unanimous vote of Council present. 10. POLICE CONTRACTS DISCUSSION a.b Chief of Police advised Council that the Police Department had been contacted by surrounding jurisdictions to provide certain police services (i.e. dispatching and patrolling). He stated the Police Department staff was interested in pursuing these arrangements to foster a spirit of cooperation between and among local law enforcement agencies and hopefully address the concerns expressed regarding the quality of interagency cooperation throughout the region. After discussion regarding the specifics of funding requirements, consensus of Council was to direct ti °'hief of Police to continue pursuing contracting arrangements. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 11.1 Approve Council Minutes — July 14, 1986 11.2 Receive and File: a Community Development Land Use Decisions b School Resource Officer (SRO) Program Report c TPI - Crusin' Tigard '86 Reports d Recruit /Selection Report Approve Contingency Appropriations Resolution No. 8 App rove Employment Agreement — Chief of Police — Res. 8-99 Accept Tigard Water District Street Dedication - SW Hail Blvd. vd Call Special Council Meeting — 9/3/e6 — 7t00 PM — Tigard Civic Center Town Hall With Tualatin Fire Dist 11,7 T AI•.'N�id# e6R Mtl� -�� 11.8 Approve Board s Appoi ►tmen ,w (limo: ' ebernarc is) .., Resolution No. 86-00 11.9 Approve Personnel Manual Clarification — Resolution No. 06 -91. Motion by Councilor Edwards, seconded by Councilor Brian to approve Approved by unanimous vote of Council present. Page 5 — COUNCIL MINUTES -- AUGUST 11, 1986 co) .u...,.;w .S4..t.:a:e::uu�.�,{:'.ri: c�'. lv.+.: �i.. .:_...:.eJ...............c:r.r. r., :.i'.S.,I.P+.�.1: ,: ?l,1 + y.> i«:• UJ+1Mf. +%l�i:.�stf:s:1+'At�•L�: •:MSar. 12. NON-AGENDA ITEMS: From Council and Staff 12.1 Current/Potential Board and Committee Vacanci'.es Report a. City Administrator noted that the Selection Committee needs to oN,4et and appoint people to fill current and potential board and committee vacancies. b. City Administrator also wanted to discuss the role of the Economic Development Committee suggesting . that it may be useful to merge the Transportation Committee with Economic Development. Consensus of. Council was to discuss at the September 15, 1996 meeting. 13. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9 :30 PM under the provisions of ORS 192.660 (1) (d) C (h) to discuss labor relations and current /pending litigation issues. 14. ADJOURNMENT: 10:30 P.M. 4000%4LI! _ Acting Recorder ity of Tigard ATTEST: yor City of Tigard LW /4095A Page 6 COUNCIL MINUTES W.. AUGUST 11, 1986 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: .June 9 198C._.. AGENDA ITEM II: DATE SUBM;C1TE.D : Mater 22 1986 PREVIOUS ACTION: _ ... .w . ISSUE/AGENDA TIME: : Mr. & Mrs. Cochran's request for Council PREPARED BY Elizabeth Newton initiation of a Comp. Plan Amend. REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINIS 1R A'T OR : POLICY ISSUE Should the City Council initiate a Comprehensive Plan Amendment and Minor Land Partition application and waive the fees for both applications for Mr. & Mrs. William Cochran? (181 34DA lot 1600). INFORMATION SUMMARY On September 24, 1979, the Tigard City Council: approved Ordinance 79 -88 (attached) which changed the zone district on property owned by the Cochrlan's at 10695 SW North Dakota from R-7 to R-5 (5,000 sq. ft, lots). In 1980, based on that zoning, the Cochran's , ' and r+ecei. « _ ..M ». rl with conditions from the Planning Minor ward Partition A copy of the a pprc. va is a--ac r-tO81 , the Cochran's recorde report with Washington County bu ' n.t rE r d instructed in the staff �� report t---the Assess. -.�,. ' the W�a � � , --C.�. t'he rld P r tiwtion, Since the map w w.1« Taxdt: i.on c not. . artitPtn the .,. ,e_,�,,,,..r, property on the tax maps or in their assessment records so, the aroperty remained in one piece. During the Comprehiensive Planning process, t; ,,_. w'= .n- a 4oar to have i•teen recorded, the zoning a nfor m Te sur'r`ounding :area. Recently Mrs. Cochran came in to tscus, red wat, told that the approval had expired Mrs Cothran feels that. the expirat;ion occurred without her knowledge . She was :instr•u( Led to write a letter to the Council request:i.nr consideration by t.:,) Cnurw i l I ha' the Council initiate A Comprehensive Plat, Amendment on her be, if A copy of Mrs. C t,chran's letter is attached, was R 3 . Vii, which wa;a AL 1 ERNATtVEs CONSIDERED Initiate t. ht' Comprehensive Plan Amondmont. and Mint). land P-arrt:i then and waive gall Frans as requested by Mrs. & Mew C..rr: `•r, ao Initiate the Comprehensive ve P l arr Amendment , ndrtlent Kanto M i nt.,r h Kar►ri Pcar•I i ty:htl Iand waive the fee for, the Comprehensive ive Pl an Amendment rttad Minor Land Partition an August (in cycle) SUGGrsT 0 ACTION tnii iate the C o M p r o h e n s i e Plan Amendment And Mi a►id 1 1 4 4 tit ion and waive I. foe for t: ho Comprehensive P1 Ori Amendmert t nn 1 y° :!t',itttP dmj NE I/4 St 0/4 SECTION 34 T � R I W W.lV1. WASHINdTdN COUNTY OREGON SCALE I °= 100 I/4 SP ;PION CORNER IC',+ �0 103.9 N89 °454 1800 96AC 82,45 1700 96 AC 100 (100 2 638 AC 600 1400 500 ' (e6C6" ML /' 7-1 75 - Caen wa(4 mkt %COQ✓ --141.4- .441,P 00 300C 330 C NE 1/4 S 1/4 SECTION 34 TIS R I W UV.IVI. WASHINd'TON COUNTY OREGON SCALE 111 =100' 1/4 S r CT1ON CORNER 10., 9t ...\ N89 °45"W 82.45 134 I .. •••,.. ,. 60 1$4.,L9 rNl e . -� 163.9 to 800 1700 :. 1000 /� I° M 900 �E:1`rIAL PT. _ 380E T �a �� 5" w 964C 964C L 1.�9 7 Lt� :Ate., 100 �t L-- 1 10073--;;TEL----‘-'1 4 a I 134.2 � 638,4c.` 34..20 2 W 800 ,n Rr.1 ; i' a cc L 8 tP�' + r' ti y N.. r L.L, 1" 1200 r 2 az 1300 600 10 500 II 400 12 39 1�" yc�w� u w.T r DAKOTA 7;0 RA I ''''' 71 s. / I, . .1 2400 2500 12600! 2700 12800 ; 2900 3000 3100 i I ,wr CITY OF . TIGARD, OREGON ORDINANCE NO. 79 -14 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLXCATION .SY MADELINE T. COCHRAN FOP: AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 10695 S.W. N. DAKOTA, AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 34DA, TAX LOT 1600, FROM CITY OF TIGARD "R!-7" 'TO CITX OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL (5,000 SQUARE 'FOOT RESIDENTIAL) AND ADOPTING EXHIBITS "A", "'E0°, & "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter dea :riLed have been heretofore and are now classified as City of Tigard "R-7" and further findings that pu.Isuailt to prescribed ,procedures, the above - stated application for a zoning map amen anent was heard in a public hearing held by the Tigard Pranning Commission ot. Imst 7, 1979, and all interested persons were there and then afforded an oppor .unity to be heard, and thereafter the Planning Commission filed its report and recommended approval with the City Recorder, a copy therefore he reto attached. and by .referent** made a part hereof, the Council adopts the following substantive findlin+ s: A That the applicant is in conformance with the Urban Low Density Residential designation of NPO #7 Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood. S ECTION 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 Single Family Residential (5 ,000 square foot residential) (h-5) use is hereby approved subject to the provisions of Chapter 18,20 (Single Family Residential Zones) of the Tigard Municipal Code embodied in or exhibited by the documents submitted and identified as follows Exhibit "A": - Legal Uescriptioorz Exhibit "B" * Staff Seport Exhibit "C" Site Plan And further subject to the following conditions. 1,4 That the appL cant dedicate ten feet of right -of -way along S.W. North Dakota Street with half - street improvements to collector street st ndal prior to issuance of building permits or after performance bond for improvements have been approved; , That construction and drainage - ge plans be approved by the Engineering and Building Departments prior to issuance of permits. 3 . No OcotiRpanc }► Fe armies shall be issued until all conditions have been satisfied: and approved by the Planning Director- and final inspections have been thde by the tlu lding Official. �. No Minor Land Partitions shall be made in reference to this project unless formal application is made to he City of Tigard Planning Department and the Minor Land Partition is approved. 5. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and g are approved by 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 iltwa d.► a ` vote of all Council members present 1979, after being read two ewnr- 1979. Mayor -- City of Tigard Page ORDINANCE NO. 79- ZC* 28-79 Ati .,:tim9,ntJ 'STAFF REPORT ACSNDA 5.4 TIGARD PLANNING COMMISSION August 7, 1979 -• 7:30 P.M. Fowler Junior High Lecture Room 10865 S.W. Walnut - Tigard, Oregon DOCKET: Zone Change ZC.28 -79 APPLICANT: Mr. and Mrs. William Cockran 9650. S.W. 47th Ave Portland, Oregon 97219 APPLICATION DATE: July 2, 1979 • OWNER: same SITE LOCATION: 10695 S.W. North Dakota (Wash. Co. Tax Map 1S1 34D?,, Tax Lot 1600) REQUEST: For a zone map amendment from City of Tigard R -7 "Single Family Residen- tial" to City of Tigard R -S (5,000 square foot residential) on a .40 acre parcel FINDINGS OF FACT: 1. The site is designated "Urban Low Density" on the NPO 7 Plan permitting six single family dwelling units per gross acres, 2. Applicable NPO #7 Plan policies for residential development are as follows Public service improvements - Policies 2 and 3 (,page 3) 3. The appl.i can is are requesting the rezoning of the .40 acre sits in accordance with Section 18.20.030 of the Tigard Municipal 'Coda and in compliance with the City of Tigard Housing Implementation policy adopted on May 21, 1979. . There is a single family unit on the southern p )rtion of the site front- ing S.W. North Dakota Street. The site is generally flat with 'a slight declining grade to the north. The entire surrounding land uses are single family units The properties to the south, east and west are in the county. The subdivision adjacent to the north is in the City. The site at the corner of S.W. 106th (a City street) and S.W. North Dakota which is a county road; S.W. 106th fronting the easteri! portion 4 , sit.: t. :. fully .r1& ro d to City standards, S.W. North Dakota is t�. the .�.� dc$tgnac'd raw a co1:Lr;r:tnr street on the WPC) g7 Pl,in It presently is in silly}- `aFM.I { e"1 aI C:71. yyy f . 4 P a 4 i ws -0 wid .1 with uta sewer service is available to the, site Water service is also available from the line o f f S , W. 106th. STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION August 7, 1979 2C 28 -79 Page 2 ra CONCLFJSZONARY FthDINGS: 1. The request is in t. nnformance to the Rousing Implementation Policy: Sewer and water are available to the site. 3. Street improvement along S.W. North Dakota are required., III. STAFF RECOMMENDATIONS Starf recommends approval of the R -5 zone change subject to icon di O, ors the following 1. That the applicant dedicate ten feet of dedication along S.W. North Dakota Street with half - street improvements to collector street standards prior to issuance of building permits or after performance bond for improve- ments have been approved. 2. That construction and drainage plans be approved by they Engineering and Building Departments prior to issuance of permits. No Occupancy Permits shall be issued until all conditions have been satis- fied and approved by the- Planning Director and final inspections have been made by the Building Official. No Minor ' Land Partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the Minor Land Partition is approved;. No changes will be made to approved plans or specifications unless forcaal application is ' made to the Appropriate department and changes are approved by that department Application for changes will be made in writing e.* d 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, F.e ar_r rI. prepared by: tceaa S 1 o- R� o f- ` r, o i. w, -.1 by: Alt i Howard , , Di re . L •dc e.4 •� STAFF' REPOF.2 FINAL ACTION TIGARD PL,FSAINING I7 PARTMENT DECEMBER 26, 1980 DOCKET: MW A LAND PARTITION, MLA 22 -80 (COC°JHRAN) APPLICANT: Mr. and Mrs. Wm. A. Cochran OWE R: SAME ' 9650 SW 47th. Avenue Portland, Oregon 97219 APPLICATION DATE: December 8, 1980 CITYOFnsaRD Vh1/4SHINGION COUNT y, OREGON NPO #7 „RBQUEST: To partition a 16,11a square foot lot into three (3) lots of approximately 5,300 square feet each SITE LOCATION: 10695 SW North Dakota (Wash. Co. Tax 1.1ap 1S1 34DA, Taa+; Le )t 1600) SITE DESIGNATIO Zoning R-5, Comprehensive Plan R -5 PREVIOUS ACTION Tigard City Council passed Ordinance No. 79-88 on September 24, 1979 wh±ch changed the zoning from City of Tigard R -7 to City of Tigard R-5. . FINDINGS OF FACT: i • Applicant proposes to partition three (3) lots with the intent of constructing one (1) single family home on each lot. The existing house will have to be moved or removed before any building takes place on the middle or west lot.. North Dakota is a collector street requiring sixty (60') feet right -of -way. Currently, North Dakota is not improved in front of the site. 106tb Avenue is a local street requiring fifty (50') feet right --of- way. Full half street improvements have been made in front of the site. The applicant was requested to dedicate ten (10') feet along SW North Dakota as a condition of Zone Change, ZC 28-79. This had not been done as of December 12, 1980. 5 On September 24, 1979, Tigard City Council approved Zone Change, ZC 28 -79 with conditions. (See attached Staff Report) 6. Water and sewer service are available to the site. 7. City Council policy requires that half street impro!ements be made minor land partitions at tcie time of the partition. 12420 S W MAIN C 0 BOX 23397 TIGARO OREGON 97223 PH 631.4171 STAFF REPORT/FINAL ACTION A P 22 -80 TIGARD PLANNING DEPARTMENT Page 2 II. CONCLUSION1',►,RX F1' NDINGS• 1. The. proposed Partition and Use are in co nfoxmanc with the Comprehensive Plan. The Zone Change to R-5 has been approved (ZC 28 -79) . 2. The necessary right- of-way dedication on SW North Dakota has not been made III. STAFF DECISION: Staff approves this ?a:4ition subject to the following conditions: 1., The existing house must be moved or removed before Building Permits are issued on the middle ari .1 westerly lots. 2'. The necessary ten (10') foot street dedication on North Dakota shall be made to the public before any permits are iosuec, �• No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied, and inspections verifying this have been carried out by the apprgp late depaz went. No changes will be made to approved plans of specifications s Mess formal application is made to the appropriate City department, and changes are approved by that dep wtment. Application for changes will be made in writing and shall include applicable drawings. Cr xding and construction plans for all work in public rights-of-way all be prepared by a registered professions\l engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must. be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition or issuance of Building Permits, or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording . of any minor land parition or issuance of Building Permits. • All existing proposed utili.tios shall be placed underground. Street lighting installations shall be approved by the Public Works Departm A metes and bounds legal ,'e`ciiption and tap shah accompany a dedicati.c of public rights -of -way, and shall b. k xeparea ;fix a registered + nginee1 or land sur, r,'eyor, • All streets and parking areas shall be concrete or asphal sidewalks shall be c ' crete,' All LEGIBILITY STRIP STAFF REPORT /FINAL ACTION MLP X7-80, TIG7.AD PLANNING D PARTN ENT Pa74 3 9. Half street improvements shall be constructed to the approval of the Public Works Department prior to the issuance of a Building Permit. A bond shall be posted by the property owner with the City of Tigazd for 100% of the cost of the half street improvement prior to recording the land partition with Washington County. A J'� Pre arcd Elizabeth Ann Newton Ap • roved by titer a Howard SPECIAL ASSISTANT TO THE PLANNING DIRECTOR PLANNING DIRECTOR If your minor or /and partition has been approved and you have signed and returned the acknowledgement agreeing to satisfy the conditions placed upon this action, you should now have your partition recorded by the Washington County Department of Assessment and Taxation. You should take copies of your partition map and car Staff Rr port to the County to facilitate recording Your minor land partition is not official until it is recorded. 14.17 &ger'? e 444' 444.."'el2J12e""""'''''''''""'"'""'"`"""*"."""" Signature Signature Date IF Date B ge- DA1,wt tiCkitb G TANG 4 :,131,1 0 A,. viesI. t o • tt OK P9 4, '"" naoci -e g ws 4l0 T- uu ate etch pace hi e vsl l-oieg Asze# 'Qat d vane toiled (in fano. tom :311c9i z tile, t 161114.") t ,� Ipaprorwitlicat Ybt ,y s0 a cue jam, e ' . ' 01%* \ ti , r , . V� - 6', arm :1: .1� it j lil���• +a. ' +-11=' „ imp;Adr LEGISILJTY STRIP POI ti‘ tilLeeiet-eet.;117, I ox A:3S 7 1-7-Zgaitee-- Vit-af cm.) CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF August 16 1986 AGENDA ITEM ##: DATE SUBMITTED% August 13 1986 .,;.. O'REVIOUS ACTION: AUOliSiliaREing ISSUE/AGENDA TITLE: _.,0141d on..A� gust 11. 1986 PNEPARED BY Elizabeth Newton REQUESTED S' `:Cit ouncil DEPARTMENT HEAD) OK: vv CITY ADMINISTRATOR POLICY ISSUE INFORMATION SUMMARY On August 11, 1986,E the City Council held a public hearing to consider the request by Madeline and William Cochran to amend the Comprehensive Plan and Zoning designations on property located on the northwest corner of SW 107th and SW North Dakota. At that meeting the Council voted unanimously to reverse the Plannino Commission's recommendation of denial of the application request. Attached is an ordinance for Council adoption which amends the Comprehensive Plan designation from Low Density Residential to Medium Density Residential and Zoning from R 4.5 to R -7. The City Attorney has determined that because the City has adopted a new Comprehensive Plan, the Cochran's will need to refile for MLP approval. ALTERNATIVES_ CONSIDERED Adopt the attached ordinance Modify the attached ordinance. SUGGESTED ACTION Adopt the attached ordinance. dj/129 .r, CITY OF TIGARD, ORDINANCE NO 86 ,,.....�. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN ZONE -- AMENDMENT (CPA 6 -86) ACID ZONE CHANGE (ZC 6-86) PROPOSED BY THE CITY OF TIGARD (COCHRAN) . WHEREAS, Madeline and William Cochran have requested a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential, and a Zone Change f'r'om R 4.5 (Residential 4.5 units /acre) to R-7 (Residential 7 units /acre; a'4 WHEREAS, the Planning Commission reviewed the proposal on July recommended denial of the amendment, and WHEREAS, a public hearing was held before City Council on August 11, 1986, to,' consider the Commission recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The proposal is consistent with all relevant criteria Pia as discussed in the duly 8, 1986, Planning stc tf report to Commission (Exhibit "A") Section 2: The City Council reverses the Plannihg C ,nmris ton' s recommendation for denial of the Comprehensive Plan Lad Use Map and Zoning Map Amendment as set forth in Exhibit "B" (map) Section 3: Th.ls ordinance shall be .effective on a' J after the 31st day after its passage by Council, and ,pprovax b9 the Mayor. PASSED: By _ -- �--- »� --- � da vote of all Council members present after being read by nimbe" and title only, this day of ...;,,..... 1986. Low R. Wilson, Acting City Recorder s STAFF REPORT TIGARO PLANNING COMMISSION CITY OF TIGARD -- TOM! HALL 13125 S.W. HALL TIGARD, OREGON 97223 TUESDAY, JULY 8, 1986 -7 30 PM A. FACTS 1. General Iraform at 'A !, s .WGEN(DA ITEM 5.5 SASE: Comprehensive Plan Amendment CPA 4 -86 Zone Change ZC fa -86 REQUEST For a Comprehensive Plan Amendment from Low Density Residentiml and a Zone Change from R--4.5 to R--7. COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION APPLICANT: City of Tigard OWNER: Madeline & William Cochran 9650 SW 47th Avenue Portland, OR 97225 LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1S1 34DA Tax Lot 1600). . Background On September 2.4 1979, . the Tigard City Council • approved Ordinance 79--81 which changed the zon'+ district on property owned by he`s�,chra's at 10695 SW North Dakota from R-7 to R -5 (5,000 for . and Ne�c��ivecl approval based on, that zoning, Cochran' s applied conditions from the Planning Director for a Elinor Land Partition. the , with In 1981, the Cochran's recorded the staff report with the Washington Copnty hot' record the partition map as instructed approving did the Minor' Land Partition. Since the map was not recorded, the appro n9 not partition the. of Assessment and Taxation did no Wash. Co. Dept. property on the tax maps or in their assessment records so; the property . remained in one piece. During the Comprehensive Pl n Wing. pr+n5ceastl since the partition did Got appear to have been recorded, the ..zoning assigned to the property ‘,Ail R -3.5 which was in conformance with the surrounding area Recently Mrs. Cochran in to discuss the Minor Land partition with staff and was told that the approval had expired Mrs. Cochran feels expiration 'occurred oce: without her knowledge. She was that the e u reed �� . `... instructed to write a letter to the. C4unci l requesting that the Council, .i to a Compr ahans i�te Plan Amendment on her behalf. At the 3une 9, initiate ndra�nt o 1886 City Council l naetirg the Council rated to initiate the Comprrahentive Plan Amendment, 3. Vicinity Information , All of the surrounding p ro erties, are designated Low Density and coned ' properties R -3.5. There is a small residence on the property which faces SW North Dakota. There ide of are several/ overgrown trees and shrubs on the east n sim ro ed the property between the house and SW 106th. ' and 106th pave mend width. SW North standards with sidewalks, drainage, is not improved to City standards although a dedication of right—of-way f� i -way .has been ' en made to accommodate improvements. There is an o p er: drainage ditch on SW North Dakota and there are no sidewalks. 5. A enc,. ±P® {:omments • NPO #7 has been notified of the application request but no written comments have•been submitted. B FINDINGS AND .CONCLUSIONS The relevant approval criteria in thy is case are Compre hensive Plan Policies 2 1,1, 6.1.1 and the locational criteria in Chapter 1 concludes that the above ''cr criteria are satisfied based The Planning staff corn upon the following findings r. 1. Policy lie 2.1.1 is satisfied because the NPO has been infor'Qd and iven an opportunity to comment and notice of the public hearing g rope rt owners. ; Policy i has been sent to nearby p � 6.1,1 is satisfied because the proposed rezoning will 2 provide for a diversity of housing densities in the area • The locatf•onalt cr°iter.i�w re a4t ski .�d uf'. i 1. be��,1� s� gi $d qq xyx 4; ♦ y� e Ysi�ty'�! IevelO �+.' p I' aP 1 i 1:1 '01.4t. A � ~ y�1 -Jrr1��r *}d� r 1.14;�ched he • a i4� '71,1g.!; ,.., .. �.. 1,Y6:F'•'�S ""r4' ir, { j 44f1 ('`E� ♦ 1. ? ,;p'k �u' b ii + t1f S -4. .....t... 4 -` r' t y t 0 ;V u k 4 r7 tii a ;-'181. 11.0 e C . RECOMMENDATION Based upon the above findings gs ard conclusions, tP gannirg Staff that the Planning Commission 'forward a the ion of apnrow 1 • f CPA 4,46 and IC 6 -86 to City Council, P . 4 ,t .d �'l .., � z1 !� `�""""' � PR 'V 0 �Y' . William A . C�nahae� PREPARED 'BY s ' lizab • th.:l�a►wtor� Director of Community Senior Planner De lop pent (EANtbs117) NE Ii46E e/4 SECTION 34 ft S R I w W.M. �+�'R eil.J I , WASHINGTON COUNTY OREGON SCALE SCALE 0 "= 100' SEE MAP IS 1 34A0 o.■ N ®9°45•W 52.45 800 $ 700 • 96AC. .96AC. 800 111.0141%,;:t w 8 1200 r300` 1400 5 $ 500 $903 ell 12 12 154.28 164.9 O TH P71�."�s•� t""" • r• ` DAKOTA • ''.'1 ab • ' 40 GO 50 o2�5Cr i., • ti�SCt�i e . 1Ic h1 e 2700 2800 2900 3000 / 3100 2400' • /b -27 ,/o4, le -7/3 .46 . REQUESTS FOR COMMENTS DATE; Oct ®ber 13. X986 FROM: '1'ig. rd .Planning Depa nt RE: P 6 Re guest by WILLIAM AND MADELINE COCHRAN to divide .a 16 118 s fcc. Earcel into three lots of 5 371„ 5 371 and 5376 sg. ft. on o:co pisty zoned R -7 (Residential, 7- units /acre) Located 10695 SW North Dakota St. (WCTM 1S 1 34DA _lot 1600) Attached is the Site' Man a and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be pr rpare decision will be rendered on the proposal in the near future u was to co' ent on this application, we need your comments by October 24th -, f,9 86 You rraaay use the space provided below or attach a Agparat to return yo!ar comments. If you ar enable to resr and by the above date please phone tha staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding * this matter,. contact the Tigard ^' ,arming Department, P.O. Box 23397, Burnham and. ATih Ave. , Tigard, OP 97223. Phone: 639-4171. STAFF CONTACT: Keith, Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to i Please contact cf our o {,'free . Please refer to the enclosaed letter. Written comments: Neme of Person Commenting Phone NO. (K(SL: O366P) 9/9 , -l: •. r•1 c �'•1. ... . .a.�r�.. Yalal, li Yih,Yi1la��7�, t91 1515 aYlIl�.i! j�lY ., a. . «`!`!. �} ♦ .. r4 SaY•'. • r. lwli]...! w. t... 4� ..•.t�s:..r...l.L.s.S:.J4'Y.'a: M•a SaSl��. aJJ�iw/•i1. 1.7J-, - /:J • - L.4?1�:NAS\iYliA�111�:�.11i•a•' •tYY+w1.�.'!. L'LYI: LfJ .� -, r.4.r Mir 410 C.tTY OF TIGARD, OREGON ENGINEERING SERVICES REVIEW CHECKLIST REVIEW OF SUBMITTAL NAME: I) AGENCY COORDINATION (OR) PL RMIT CONSIDERATIONS: A) Federal •.•e•• c••..n!•..•...r•.e•..••.•• C.O•E•, E.Q., F.E.M.A., U.S.P.S. B) State ... .. ■... .. so • moos" , L.C.D.C,., State Lands, Commerce Dept., Board of Health, OeD,O.T B.R.C., P.'U.' , Water Resource, Wildlife, 1). E.Q., Parks & C) Regional •••.•.... ••.... •• • ••••..e.......••. •. ...e.... Metro, Tri -Met D) County U.S.A., Public Works, Health Dept., Land Use & Transportation . • o see .. . • • • • c . e e 'e a .. • . e 1) ; City of Tigard: Development Services, Operations, Building, Engineering, Engineer, Finance, Administration, Council, Planning Commission, Park Board, N.P.O. (NOTE: Pg. #:2 for details he:rei :regard) 2) Others Fire District, P.G.F., N.W. Natural Gas, Water District, Telco, Storer Cable,, Solid Woite, Private Own?rship, School District: II) GENERAL CONFORMANCE CONSIDERATIONS: A) Transportation System •.••••. ••••• e.•..••o. ee., 1) Ci.y of Tigard, a) Comprehensive Plan b) Street Classiicotion(s) D c) Bike /Pedestrian Pate Plan CC d) Traffic Studies (CH2M Hill & STRAM) e) Existing, ding, Under Construction 2) Regional Transportation Plan B) Sewerage System •..••. .e. .•... ....... ■ 1) City of Tigard: 0 a) Master Sewerage Plan EU b) Existing, Pending, Under 'Constru tl,on 2) Unified Sewerage Agency Regional Plan C) Stormwater Runoff System .. eiwasis ...e.w.er•. 1) city of, Tigard: a) Master Drainage Plan ,CC112H kill) b) F•I.S.; C.CcE• Maps (Floodplain & Sensitive Lands) Regional ormwater Management Plan D Park & Greenway Platt B) Capitol Im ImproVement p nt Program ... ....•.......,•..,.•...•..;...e. 1) city of Tigard 2) Washington county 3) O.D.O.T d. ...a5.�,it +• ‘1, "o` ",5 •'+151 r i1 55+ 5:5:515 S SA1SSYSYS ,,$ S.c,f c S a aa. .. .. .. . ..,.. ,.t . • .� ... 1.1. . ti.�:.Y.T••aYSI,JSJY. •.)51 ;00., \5\ „5.`n S444S,S:51S1 SI SJ ■lu....01• ENGINEERING SERVICES REVIEWI. CHECKk1SIT (Cont' d) 1 y) L.I.D. Dr evP elo m fnt &. Non - Remonstrance Status' • • 4, s• ITEM'• #I (E) ` iEAILSa Sensitive Lands loodplain......e.......• 00.00 Planned. Development Annexation.. .. • e • . • .. • • • • r, • • • • oci Building Permit.... Sewer Connection Permit • T:kr= . o. Sign Permit w Fill Hermit • !• •• e• N..••• treet Opening .Permit. •W 1 • • • (ComplYa nce Agreement... % . , ' Uet►lled Plan.... (1• G ,„ Dedication. ...6'; • . e s Easement.: o0' .:Pf'r, g, i System Development Charges: 'Extra Capacity Streets.•..•..•. Recreation Facilities ..... ....i Storm .Drainage Improvement ....0 Sanitary Serer Surcharwt... )1121C) .0 .4er E.P^N—.) ‘..t) Comp. Plan Amendment • • A. • • • . • • . • • .0 Zone Change.......... ••.•.0 Conditional Use...,...... J.... El Temporary Use Variance Nonconforming Use.. • Accessory Structure.......... ....13 Tree Removal Permi* t . • • "• Blasting Permit.. o II • . • w • e . •.e s ice'• Special Assessment............... Special Business Tax••.,•,(2!°;fk w•.•e•q.r w•�aew Fees.•..•- ,•; •. •`A,ta." ° 40110., A / oint Use Agreement. '► • `,41aintenance Agreement.. .. o . o • R • SPECIAL CONCERN� � farm be rvtatec�, � -Q A) That this information ( ) the .City Engine for review and comment.......,............ ..... • .. • . • .. • \IV:A/1r 4S ::,e....\ IVArroVew4. ken . e,. ,,, to:vet., ccotorpAi*Jtc_Nit_A- ko e"),(AsIrvel,.< kvemv‘e.. zer, eAANL e. a\so ea* s .stfsh\ooN.v A4 er' o.yes.C.,,.Y•a. No El `0 v. Dana Ostez e..A-eArk -- W � r �A, �u v.:k-tkiV\ 1, • • js c L'r* �.,�,, r4 0 vet need rsT 114e gdelWi-e-pi7e 44. )49' c;t414 -5 cal a e_s Jai J e•Pel Soieniam 12-4-0,e1M' -141-0,11. eG Car- ICS 9 /'i� 4 � i 7d '6 /06.ze -4 "lie 5.0.-/ e 4e/evehre... sei-de-s cyr Av 4(.9,, 14 ,„ c3,., .11-4 pd-opos le)d, sfr-of..4 e icpfrerrose. 7ge. 44 740c,k7 44/ s<_+ ,,,' .doe- dpn e! A " .S' Si 4 '!�' l l vit7c 'I d+ ;•s+ s o - r, 44) 106 a,. �,0 ,/ } l 4 a1 'Cam✓ la Ste. , Ve-Ai 74Z i :a L' /ke4ii OZ 4 ria —J tA),A4:51.41 8fr, "fro oil d /0 11 Ai 0 p ,G 4o.4.7 o , 2 �.a nac "_tea °r- 9B 1, A ....0%';,,,,i4 A).'..341.'4‘.4 it •. 7 • .i•r. ..., .. 1. \. i. f. . 111.'i r 1\1.7. •�. \f �• r�•jU�� M��fi\ i� . /1Y�ii! \!�}Mw \if } \l� /Jrirl•lr tiN�i\�M'••11M1dYi \.i Ate* • ENGINEERING SE NEVI ES VIEW CHEMIST RECOMMEMDATIO S Apply the "Standard Conditions" noted on pages 14r C\1/4 `°ate'.• ) (ki‘.'AD ate, % , 0 Aliv\*.A..0\ Noe.. lego.:AA xi- NrAvAAAcni\xo 4r-DeN s\NOtA: ko ANN-C. lk.P...x-e A) a.) viVe,,,emfocto. 4e_ app vv v. s ,. A im vov-t e Virete\jc- kik3 ‘06,-& kSJVANAlle, 0 � = °e c:ot r Ak C. co \i e�f,,,C\e- e sNi1/4.2.\\ \De. \c V O . AiriA yr2AA. 'r/1/4-\*\°c- ‘vsAvitk-cr4 ev'ikev1/4.- °s " Vl1/4 '� fib.. No r-os,..A.41.e- fit'' s;Ve.\,-.3 ■ . . --- _ s 1%%-,..iie,o..*,..ke.. 0 y t O'r- iblt)‘-\(1-0\-., 4let\e-- siSs\-otsvta- 4144-1,v44,„...-?ese.. Ae.,.1,-.2.A\s 4,,..--"kem:xd um k Ve0C *,‘-'2Aks,1/4. (14*-ZANA.. AbeVw%\e., . \ft... *4' Ve..., NOTE: Attach \Oen., VoltrovtARA ,-p.s; 1 additiortaA h �eets a,,f wi case Av-zotv, VA'4A-1) Ve., its,,64..e..4,Swit*ctj larilli, NJev1/4.v4..4,74,„ P ge .0 a'0.-10.‘ it C. ci 4 ♦.r.. •�',1..r ., Yr, +t5.1.. Y1104.9. ri 4.4 r .If . i'.�.i„ 5;.5���� {5„5jt15h 15i55 r.tl...44... 1 }1, �t�tku�.VSJ.!•5tr�H��t.y:5�+. • STANDARD CONDITIONS UNLESS OTHERWh E, NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. arme Standard half-street improvements including sidewalks, curbs, .streetlights, driveway aprons, storm drainage and utilities (delete inapplicable items) shall be installed along the frontage. Said improvements along shall be built to standards and conforms to the alignment of existing adjacent improvements and (or) _ (4o zzer-,<, 4:k) Standard half - street improvements including sidewalks, streetlights, Jr veway aprons, storm drainage and utilities :.... r ; . shall » e installed along the Y curbs', frontage. Said improvements Vcisraw shall be built toi :.,.► *- standards and conform to the yalignment of existing improvements alimm } p public improvement construction plans Seven (7) sets of plan-profile pu and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer~, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. ©vow j se- �---� Sanitary sewerlplan- profile details shall be provided . as part of the public improvement plans. Construction of proposed public improvements shall not commence until after the 'Engineering Section has issued approved public improvement plans. The Section will require posting of a 100 % Performance Bond, the payment of a permit `fee and ,a sign installation /streetlight fee. Also the execution of a street opening permit or construction compliance agreement shall occur prior to. concurrently with the issuance of approved public improvement plans. E THE ENCLOSED HANpouT GIVING MORE SPECIFIC INFORMATION REGAROMI ; FEE SCHEDULES, BOOING AND AGREEMENTS. A one (1') foot reserve Strip granted to the "City of Tigard" shall be provided at' the terminus of Addition i% -o y sh 1 be dedicated to the Public along the . �, �►,. " �.. �► . _�► .. t frontage to increase the eight—of ,,, ay to _ 'Feet from centerline. The descriptiorn for said dedication shall be tie to e axis ing � y r rt! ht- of -+waj centerline as establinhe d by z).5;) ..„1„ The dedication document shall on City forts and approved by the Engineer FORMS AND ICNSTRUCTIONS ARE �.t�g Section. DEDTCA � i ON • LEGIBILITY STRIP (76e-e* uxelve) rytz Additional right-- of-4ay shall be dedicated to the Public along the frontage to increase the right --of -way to feet from centerline. The ' description for said dedication shall be tied to the existing right-of-way centerline as, established by The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. Joint use and maintenance agreements firhall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel Deeds Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. Street Centerline Monumentation i, 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. ▪ 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 ok. roadway. • The following' centerline monuments shall be set: • All centerlines 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; Center of all cul-de -sacs; c Curve points. Point of intersection (P.I. s '++hen their inside' the limits of the paver nt otherwise beginning and' ending andendi.nJ P oints (B.C. and E.C.). i • All sanitary and storm locations shall be , placed in positions d that do not interfere with centerline monumentation. The "basis of bearings' / for the Plat or .Survey shall be which is a part of the Tigard Field Survey Network. After review and approval by the Planning Director and Public Works. Director, the Final Plat shall be recorded with Washington •County. (RSC:bs/0727P) ..■ . ,..'.'� y.: •t��., .i�•i�l ryt•, h 2)�rttttat i�i:tth21211. 121.' lit: i?' �ttitht. .tv)C�ahCe{f� \tti)ath.�y +.r.... w:r • STANDARD CONDITIo S: Unless otherwise noted, all conditions shall be met prior issuance of (Building Permits) (a Public Improvement Permit). Conditions N90 shall be met prior issuance of Building Permits. Conditions No. shall be met prior to issuance of a Public Improvement Permit. After review and approval by the Director of Community Development and the City Engineer, the firal plat shall be recorded with Washington County,. Unless otherwise noted, all corditions sh 11 be met prior to recording of the •1inor Partition)' A permit shall be obtained by the applicant from the U.S. Ar ) Corps of Engineers (Authority Section 404, Clean Water Act, 33 U.S.C. 134C) for discharge of dredge or fill material into waters of the United States. A coy of said permit shall be provided to the City Engineering Office by the applicant. A permit shall be obtained by the applicant from the City (Authority: Tigard Municipal Code, Chapter 18.84) fc.ir land form alteration (within the one-hundred-year floodplain) (on slopes of twenty-five percent or greater or unstable ground) (within drainageways) (A permit or) evidence demonstrating compliance with State, Federal, and local environmental regulations shall be obtained by the applicant and (a copy) shall be provided to the City (Authority: Tigard Municipal Code, Chapter 1.8.90) prior to issuance of a building permit. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the h of A copy of sai d p ermit shall be p rov to the City Engineering Office prior to issuance of a Public Improvement Permit: The applicant shall obtain a letter of serviceability from the Department of Land Use and Transportation of Washington County, to perform work within the right-of-way of A copy of said py letter shall be provided to the City Engineering Office prior to issuance of a Public Improvement Permit. The applicant shall obtain written (approval) (acknowledgment) from Unified Sewerage Agency of Washington County (to) (or) (that) . prior to issuance of a (Building Permit) (Public Improvement Permit.)' • The applicant shall obtain written (approval) (acknowledgment) from the Oregon State Department of Fish and Wildlife (to) (for) (that) prior to issuance of a (Building Permit) (Public Improvement Permit). The applicant shall obtain written (approval) (acknowledgment) from the Washington County Health Department to) (for) (that) prior to i uence of a (Building Permit) (Public Improvement Permit). Evidance demonstrating that the assessment has been paid in full, for LID No. ,, (and LID No. ,) , shall be provided to the City (Engineering Office) (and Building Office) by the applicant prior to issuarre of any permits (and prior to recording of the partition. The applicant shall provide for roof rain drainage to the public stormwater systems. The applicant shall provide for connection teliiiiremeeesimedeeineiiiliews- to the public sanitary sewerage system. A connection permit is required. Standard half—street improvements including concrete sidewalk(s), driveway apron(s) and curb(s) and CR road base and AC pavement and ped —bike path and utilities including sanitary and storm sewer(s), streetlight(s), shall be installed along the frontage. Said improvements shall be designed and constructed to street standards and shall (conform to the alignment of existing adjacent improvements) (conform to an alignment approved by the City Engineer )• Sanitary and storm sewer details shall be provided as part of the (Beilding Permit plans) (Public Improvement plans). Calculations and topographic service area — basin map shall be provided as a suppleent to C=:e Public Improvement plans, to demonstrate evidence of area basin full development servicoebili.ty. The location and capacity of existing and proposed (or future) lines shall be addressed. p Seven (7) sets of plan — profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvementa shall be submitted to the Engineering Section for approval. pp 1. Construction of proposed public improvements shall not commence until after the Engin ering Section has issued, approved public improveeer e, plans. T he section will re4uire posting of a 100% Performar.e fond, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a street opening permit or construction ct,optlance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE TOE ENCLOSED . HANDOUT GIO'TAG MORE SPECIFIC INFORMATION' REGARDING FEE SCHEDULES BONDING AND Ac4REEI E i`TS • • 4.4. 4,4 • ..1.•1• ••.Y.. .•N..:• .N'\. ri 44 Y •.1.44.{.'.\/y' \ /, \yN 441i,r44.4,041•4 ..1.1.14 • \i.:i.t \.. \•4 44, .\fit•!• '• ,A one (1 °) foot reserve strip granted . to the "City of Tigard' shall be provided at the terminus o Additional right -'of -way than be dea'icated to the public along the frontage to increase the right-- of-way to feet from centerline. The description for Said dedication shall be tied to. the existing right -of -way centerline as established by ...�..: The dedication document shall be on City forms and approved by. the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. The area below the 100 year floodplain elevation shall be dedicated as greenway - open space to the city. A monumented y lines prepared by a boundary survey showing all new title registered professional land surveyor or civil engineer, shall be submitted to the City for review and approval prior to recording (on City forms). A non - remonstrance agreement for the future development of shall be executed by the applicant, on City forms, and shall be reviewed and approved by the City prior to recording. JH:sb/dj59 ,r" re ILI • APPLICATION INFORMATION PUBLIC IMPROVEMENT REVIEW CITY OF TIGARD, OREGON PART I PUBLIC IMPROVEMENTS APPROVAL OC SS A. Public Improuement Review shall be applicable to all new developments and remodeling of existing developments. B. All provisions and regulations of the Municipal Code shall apply unless modif'ed by other sections of said Code (e.g. Planned Development, Chapter 18.80; Variance, Chapter 18.134; Unusual Condit:. ss, Section 15.04.120, Sanitary Sewerage Regulation, Chaapter• 12.05 C. The application and approval process is a three —step procedure which 'hvolves 1. A Preapplication Preliminar Public Improvement Construction Plan Review. " (Prior to formal submittal of public improvement construction plans)...the Applicant must submit one copy of the proposed public improvement construction plan, saga( plan having been prepared and signed by a Registered Civil Engineer, to the City's engineering office to facilitate preliminary review. Uron conclusion of said review. City staff will contact the Applicant and the Hpplicaant's Engineer to discuss any obvious deficiencies and, alo, formal submittal requirements applicable thereto. 2 Formal Public Imanrovement construction Plan Submittal Circulation and Final Review Prior to qualifying to receive an approved public improvement construction plan to facilitate commencement of construction work and receipt of building permitsj...the Applicant must submit the designated number of sets of plans, as will have been specified at the conclusion of the aforesaid Preliminary Public Improvement Const► uctioo Plan Review process, for formal circulation and final rev ow: and simultaneously, must submit the following. a one comprehensive itemized emi zed Public Improvement Construction Cost Estimate, prepared and signed by a registered civil engineer, description, prepared and signed b. by a Registered Civil Enei eer or land surveyor on 8 t/Z" 1 white band paper, for each .. necessary dedication and easement • Upon receipt of all of the aforementioned, the City will affix its routing stamp on one set of the plans and, then, either the City or the Applicant shall circulate the plan through the appropriate Agencies for comment and acknowledgment (It is recommended that the Applicant hand-carry said plan, due to a savings of time which win be gained thereby). Thereafter, a final plan review will be conducted by City staff. Should revision of the plan be deemed necessary by City staff, to bring it into conformance with established City star lards and specifications, circulation comments or development stipulations, the Applicant and the Applicant's Engineer shall then be notified thereof. Should the plan be deemed by City staff to be approvable, the Applicant • and the Applicant's Engineer shall then be notified thereof Notice of City readiness to issue an approvable plan does not mean that construction can commence nor does it mean that building permits, can be secured; public improvement construction documentation must first be completed (prior to the actual issuance of the approved public improvement construction plan). Public Improvement Construction Documentation - City Jurisdiction (Prior to qualifying to receive an approved public improvement construction plan to facilitate commencement of construction work and receipt of building permits)...the Applicant must execute either a Street Opening Permit or a Public Improvement Compliance Agreement for work which is to be performed with a right - of-way or easement which is of City 3`urpi.sdiction; and, also, must submit the following A performance bond in favor of the. City of Tigard, Oregon: the sum of which will be determined by City staff at the conclusion of the formal public improvement construction plan circulation and final review process. Payment of all required public improvement construction plan (plan ravi.ew, field inspection, street traffic control sign installation and streetlight energy and maintenance) fees the sum of which will be determined by Citg staff, and will be provided to the Applicant at the conclusion of the formal public improvement construction plan circulation and final, rer►iew process. To clarify step number three's procedure The City will prepare the apprt:j p mate form of construction agreement document and shall provide it to the Applicant. The Applicant trust then execute (atvA notariie) the agreement document and return it to the City along with the aforesaid bond (form subject to approval by the City), Simultaneously, the Applicant muStremit the total aforesaid public improvement construction plan review fees, In the event that a Street Opening Permit wars the form of construction documentation selected by Cite; staff as being most appropriate for the project, staff will then issue the approved public i:mprovemnt construction plan and, Applicant . may subsequently commence public improvement construction work and, L.' tr w also, may make application for building pwinits. In ttl<< : event that a Construction Compliance Agreement was, the' form of construction documentation selected by City staff as being most appropriate, then, upon. Applicant's return of the said agreement and bond, staff will route both documents to the City Council ftwr Council acceptance and 4atec;ution. Af ttir such counter-signature, staff will then issue thy; approved public improvement construction plan and Applicant coy subsequently commence public improvement construction work and, also, may finalize plat recording and may make application for building permits. Dedication and Easement documents shall then be completed and recorded. 3(A). e °°%,mac.; Improvement Construction Documentation. — Washington County or State of Dragon Jurisdiction. ',Prior to qualifying o receive . , _ ed public i.mprover� ant construction plan to facilitate commencement of constr�uc on to are appr��rc worm and receipt of building permits) .the Applicant must submit documentation from Washington County, in the form of of Y 9 °i e o • Letter of Serviceability, and/or documer= -anon from the ',tat Oregon, in the form of a Road Opening/App ach Permit, which • has reviewed nd ., indicates that the applicable agency. has cd nd clearly �ndac approved all proposed and requited public impro construction work. After City review and concurrance therewith, staff will then issue the City approved public improvement construction plan and Applicant may su`asequently commence public improvement construction work and, also, nay finalize plat recording and may make application for building permits. Dedication and Easement documents shall then be completed and recorded. . e'i.)r a. ••1rlwis irY ;! )•:• }151firli)i)1fZ)i)Y) . r111)i ?�1C)11�t:.1L1$'f:l <S.;s, Vit�lf•. v11.'1j5r�M1. t. 1'Yra rtY!Vt'r "•�. • •.11,x••:`. PA RT II FLOW DIAGRAM OF AFORESAID APPROVAL PR_ PUBLIC IMPROVEMENT PLAN PRELIMINARY REVIEW CONSTR. DOCUMENTATION PREPARATION FEE DETERMINATION (TO APPLICANT) 04 N TREET OPENING PERMIT COMPLIANCE AGREEMENT c e 4...c. - `BOUND EXECUTIOk� ' & BOND EXECUTION CD a 1 (CITY STAFF APPROVAL) (CITY COUNCIL APPROVAL) FEE PAYMENT PUBLIC IMPROVEMENT PLAN mugs_ (DEDICATION/EASEMENT) (EXECUTION & RECORDING) WORK i OMMEN!CEMENT; PLAT. RECORDING & APPLICATION FOR BUILDING._ PERMITS ( pw/0866P) a.1.. 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" ��, . �`�t,! ��1 . � � �t i.� �` �' ', � �, *�T;,�`r +?�`t S�''�.1' `R ` `.hL�i4Ri ti � ,��.�`. 4 ,. c,L,';' ; `. i ,;^ •�5,t,: � 4,d .�,i, ty,���y_t�X"�,�..F�, s�`:i �'`�+L� '�l.r 'r�IJ'.�;� ���i9: '•\.�j5 4�,°.^ � ��x�� �1. �i\ , �.... + n w 1��r,�'�� Y��'J ' .� rdt.a.c �` �.2�'i�. �.1�S�p "X V �j).�: �. , .. s°-k .w�'I 1 3 ^ . ��,�y l'�'� ,, t �', � t 1., � . ..�- � � � �a rl�''l'�: y�'F'ti«�'��,r ,a r � � ,�� � ; 'z� .�.r �„ }."^ � � � � �,�, i, � �t ti �i� - . � C �+�.� t� � � �'tY,� � '. . �:, � : � tt t. ��j n�,t�y�ts ` r 4 �4 �y��r�h� ,r,j. x t.�_ �ti :r •' S .M } I�y, �' c`j .i :R �tY.'iK4:�� �...�.�Sr�s�'°+�T..1?'�:�;`p'T��",t:. .��'z�6a`'° m'', �.� ',a�r' .�,`7L.�f: , c _ . � gat so emsa I OW S' a' N a ` M m. atlw •'�, "F 1w°.�M Ywan.ia�. E. h>w isoier,96--"ew Kyte �fmfimLnnf111V701�7_AY�IRl11� _ C tl4 STUDY SESSION ° AUGUST 25, 1986 - 6:30 P.M. The agenda was discussed and the City Administrator reviewed the Non- Agenda items to be included. REGULAR MEETING MINUTES -� AUGUST 25, 1986 0 7:05 P.M. ROLL CALL: Present! . vor John Cook; Councilors Carolyn Eadon, Tom Brian, Jerry Edwards, and Valorie Johnsen; City Staffs Bob 'lean, City Administrator; Bill Monahan, Community Dtvelopment Director; Tim Rami s, Legal Counsel; and Gerry Bowles, Recorder Pr of em. TO STAFF AND COUNCIL FOR NON- AGENDA ITEMS City AdminAstratwr added the following items to Non - Agenda section: 12.1 Chessman Downs Subdivision 12.2 Regional Library Study 12.3 Council Filing;,' Report 12.4 Council l Meet i n is Calendar 12.5 Block Grant Advisory Committee 12.6 Hall Boulevard Bike Path Fundin Item 11.8 Employment Resolution was added to the Consent Agenda. Also Items 6 and 7' on the agenda will be heard in revers* order. Motion by Councilor Brian, seconded by Councllw Eadon to approve. Potion approved by unanimous vote of Council present. VISITOR'S AGENDA Eunice Day, 155\40 ;3W Oak Meadow Lane, rep'aested a total ban of vehicles in excess of 20,000 pounds from Durham Road. Mayor Cook explained that the City is now ie the process of gaining Jurisdiction over the entire road. Once taiu is accomplished, it would be the appropriate time to bring this Matter before them. Geraldine Sall, 11515 SW 91st, Tigard, representing DJB, Inc., requested that Item li.4 be removed from the ^c1b+nt Agana: because of discrepancies in Ronald Dyches' sanitary sewer easement and maps. Ronald Dyches is not bonded under LID *42. Also the City has not . obtained an easement from DJB, Inc. to place a gar, line into Tax Lot 1200 and the documents should not mho the pipeline. The line should instead be shown on Tax Lot 1001 wilere 12150 is located. The item will be pulled from the Consent Agenda, and the Community Development Director and City Engineer will review and ,,{.port back at to next meeting. COUNCIL NINUOEa - August • PRESENTATION OF KEYS TO THE CITY a. Mayor Cook presented keys to the City to Jim Blaurock, acknowledging his chairmanship on the Park Board. Keys will be mailed' to Nancy Campbell and Dale Evans for service on the Budget Committee; and Peggy Ober for service _on the Library Board. Community Development Director reviewed the previous action taken on this issue. b. ORDINANCE NO. 86 -40 A4 ORDINANCE ADOPTING FINDINGS AND COIF LUS IONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 6-86) MD ZONE CHANGE QC 6-86) PROPOSED BY THE CITY OF TIGARD (COCHRAN) c . Mot i o i by Councilor Johnson, seconded by Counc i 1 or Edwards to adopt. Motion approved by unanimous vote of Council present CIVTL INFRACTIONS ORDINANCE AMENDF .EMT a. Community Development Director explained that this Ordinance would add some material which WAS incwrectly deleted when Chapters 5 and 7 of the Ordinance were amended in June ^f 1986. b.' ORDINANCE NO. 86 -41 AN ORDINANCE AMENDING CHAPTER 5 AND CHAPTER 7, OF THE CIVIL INFRACTIONS ORDINANCE c. Motion by Councilor Brian, seconded by Councilor Johnson to approve. Motion approved by unanimous vote of Council oFeitkentl. 7. AWquest by Albertsonsa Inc. to forward 'an" annexation proposal consisting y•.a Y„ of 19.04 acres to the Portland Metropolitan Area Local Government Boundary TMx, Commission. Also, to assign the Development Area designation and to change the zoning on the property as follows* Tex Map 281 t5DA; Tax Lots 200, 300, 400; Washington County Zoning R -25+ Tigard City o of Zoning R -40 and Tax Map 281 15A0 Tax Lots 2800, 2802, so 2900, 34?40, 3001, 3002; Washington County Zoning R-24; City of Tigard Zoniri v. -25 The property is located on the east side of Pacific Highway and south of Durham Road and west of SW 113th Avenue, 16120 SW Pacific Highway, 10270 SW Pacific Highway, 16265 SW 113th, 11430 SW Durham, 11480 SW Durham, and 11400 SW Durham, Page 2 COUNCIL MINUTES - August 25, 1,385 Public Hearing Opened. Councilor Eadon declared that hers family has interest in property in the vicinity. After discussing the matter with Legal Counsel, it was determined that because this isue dealt 'only with annexation and not the use or zoning of the land, it wac not deemed a conflict of interest. Legal Counsel indicated that his firm is representing Albertsons on another project in another Juni diction but they have, never discussed this matter with him, and theve is no conflict of interest. Community Development Director synopsized report. The request submitted by the property owner to change the Comprehensive Plan and zoning designation will be heard by the Planning Commission and City Council in October. Public Testimony: o John Shonkwi 1 er, 5750 SW Carman Drive, Lake Oswego, representing Albf rtsons, Inc. explained the; a small portion of the 100, already �'ity. To avoid strip site, Tax Lot i00 is alread in the ,�� development on this sits, it is necessary to annex the remainder of the property to obtain services to bring the land up to urban densities. Thia has been included in the Comprehensive Plan and City's Urban Planning Area. o Cotton Schecg'la 10200 SW Durham Road, said he did not receive a public hearing notice but is within the 300 feet. He was concerned about traffic generated by an Al ber t ions. Mayor Cook explained that this public hearing is strictly for the purpose of annexation and not the use of the land. Community Development Director recommended approval. RESOLUTION NO 86-93 A RESOL 4 FURTHERING ANNEXATION TO THE CITY 4 OF TIGARD OF THE O I HE TERRITORY AS UTLNED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "A" ATTACHED. (ALBERTSONS° INC. Z►CA 8 -86) Motion by Councilor Sr A an , seconded b y Councilor Eadon to adopt. Motion approved by unanimous vote of Coun»il present. ORDINANCE NO. 86-42 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ICA '6 -86) (ALBERTSONSV INC.) . Motion by Councilor Brian, seconded by Councilor Eadon to adopt. Motion approved by unanimous vote of Council prsent. i •""T' � 'Y7^»' � ' i " 1`�.�� f w.. rr ; v �'. "".�}M 'W;!pa, t�M T'"� ", �'S p �pyA�,,/i` mml,,,., l r l a{ `�,, a wr �`'�ii V 6 �Ill�Ra'�d� r Y � � I � R Q# fit .d r t � ' 1� �y 7 Uw� �'i��, s�Rr I . -: L ,.1�.� �..+�ti l � � � .I..�tr�w m��� d� " � —�VV/ ry us ct b ;� t a .CityLio fM,. i`gaard to"ankix the �rham Roar right-of-way from SW Pacific Highway to the west line of the Picks Landing Subdivision MCTM 281 10D, 281 15A, 281 10DD, 281 11CC, and 281 148) a. Public Hearing Opened b. Community Development Director synopsized report explaining that the purpose of gaining Jurisdiction is to bring the road up to and maintain it to City standards. c. Public Testimony a a Cotton Scheckla, 10200 SW Durham Road, questioned whether Any right of way would be taken from the existing property owners. When clarified that tho City would not take any property, he questioned why the City wants Jurisdiction. He also commented that although there is a bike path on Durham R 'ad, the bicyclists, use The street, and this creates a dangerous situation. Community Development Director explained that the City will not take any additional right of way than hoe almady been dedicated. City Administrator ccr►mented that the bike path has been poorly maintained and this may be the reason why cyclists use thl str {,. ;. o Mary Settler, 0800 SW Durham, commented that the other side of the road is in the City and it is not properly maintained. She was also concerned about losing property to right of way dcdicatlon. It was explained that the City has ,just taken car jurisdiction and will begin to bring the street up to City standards. It was cla i fied that she would not lose any property as result of the annexation. Planning staff recommended that the Council forward the annexation prorosal tr Witt FAundary Commission. P^Ab l i c Hear !; ng Closed. RESOLUTION NO. 86-94 A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF T I ©ARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A'' AND DESCRIBED IN EXHIBIT "D" ATTACHED. (DURHAM ROAD) ZCA 9°85 Motion by Councilor Eadon, seconded by Councilor Edward to approve Motion approved by unanimous vote of Council present. ..r. �71� W4.10,4 1 .1. �tili ••■ •11 .. • ., .. ♦ . A •••0.4 'u0bi tvs woo 4IGARD. request to amendh Section 18.3c,.090 of"'th* Community Development Code to transfer authority for action on subdivisions from the Planning Commission to the H wrings Officers a. Public Hearing Opened b. Community Development Director synopsized report. c. _ There was ao public testimony, and the public hearing was closed. d. !Planning staff recommended approval. e. ORDINANCE NO. S6-43 AN ORDINANCE AMENDING SECTION 18.32.090 OF THE TIGARD MUNICIPAL CODE (ZOA 4 -as) f. Motion by Councilor Johnson, seconded by Councilor Edwards to approve. Motion approved by unanimous vote of Council present. RECESS COUNCIL MEETING: 7:50 p.m. 10. CONTRACT REVIEW HEARD MEETING was celled to carder at 7:50 p.m. Present were 1.`1ayor Cook; Councilors Eadon, Johnson, 8r i an and Edwards. 10.1 Bid Award M SW North Dakota Improvements City Engineer Cit En ineer 1e4ommended awarding the bid to Parker - Northwest Paving Company, the low bidder. Motion by Councilor �. y or Johnson to award cilor l�rian, seconded by Councilor the! construction contract for SW North Dakota Street Improvements to Parker - Northwest Paving Company. Motion: approved. by unanimous vote of Council present. 10.2 Authorize Call for Bids a. City Engineer reviewed request for authorgzation to advertise for bids on :wo projects: 8T -4, 104th Avenue Reconstruction and SD 1, 8aarde /Canterbury Area Drainage Improvements. b. Motion by Councilor Johnson seconded by ounoilor Edwards to authorize staff to advertise for bids :. Motion approved by unanimous vote of Council present. ADJOURN CONTRACT REVIEW BOARD MEETING: 7:55 pam• RECONVENE COUNCIL MEETING: 7:55 p.m. Page 5 - COUNCIL MINUTES - Augus1 25, 1986 CHARTER AMENDMENT REFERRAL Leg, &, Counsel ?eviewed the proposed Ballot Measure. To clarify the issue, the foll!wing wording was proposed: Title: Temporary Filling of Council Vacancies Until Next Election. Question;: Shall the charter be amended to provide for temporary filling o'' Council vacancies by appointment until the net election can be held? Purpose: Amends Charter _ to allow Council appointments to fill vacancies in office until an election can be held. Appointees shall not be candidates for election to that position. Legal Counsel pointed out that language has been added to include that a special election shall be held At the, ext ,il ti. RESOLUTION NO. 86 -95 A RESOLUTION APPROVING AND REFERRIPG AN AMENDMENT TO THE CHARTER OF aIEARD TO THE QUALIFIED VOTERS OF THE CITY OF T1 ' �`ARD rOR THEIR APPROVAL OR REJECTION AT AN ELECTION HELD AT THE SAME TIME AND PLACES AS THE NOVEMBER 4, 1906 STATEWIDE ELECTION: CALLING THAT ELECTION: AND DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY AND CONVENIENT TO CARRY OUT SUCH ELECTION. { ♦V'•, Y�4laYJ4. 00..14 :1�i1, Motion by Councilor Brian, seconded iy Councilor Edwards to approve, as amended in Exhibit C. Motion approved by unanimous vote of ouncil present. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate _action I otiien to: Receive and File: at Community Development Land Use Decisions b. Departmental Monthly Reports c. 1986 -87 Work Plans 12.2 Adopt Findings Tigard Ele tri T -gosolution , 12.3 Autho iae Ord Partiel , Release, of Performance Monies Phase I Su'.!division - Resolution No. 06.797 12.4 Accept Temporary and Permanent Sanitary Sewer Ea+.ements Dyches SW 69th Parkway Sewer LID Noe 42 12.5 Accept Tigard 'Christian .A - to gas...—. a. Sanitary Sewer 'ompl i ahc' Agreeient b. Sewer Easements c. Sewer Non- Remons b r aunc a Agreement ry tin YL� WYU iii .awi,y r' 12.6 Accept 9reenway 12.7 Accpt tormwat*r `"e 12.8 Employment Resolution Pa ;r . • Motion by Councilor Edwards, seconded by Councilor Brian to approve the Consent Agenda with the addition of 12.5 and the deletion of 12.4 Motion approved by unanimous v:a of Council, present. NON - °AGENDA ITEMSs 13. a. Community Development Director reviewed the situation between the Inc. with regard to the City and Pacific Frontier Wood Markets; ias p sewer line. He further di cussed the placement of a substandard sews options available. City Administrator entered a fourth option to place temporary rings b. y around the manholes to soften the effect of the height difference until the final lift of asphalt can be placed on the street. if the City pursues legal action, it may take six months befc ; the situation can be remedied. c. Mike James, 8721 Avon Street, indicated that there are only or 3 manholes but the major problem existz on the driveway approaches. The same type of temporary patching ould be accomplished to provide some relief. Mr. Danes also pointed out that all the catch basins in the subdivision are full of construction sediment and will cause major flooding in the fall if they are not cleaned. d. The Council discussed the cost of providing the temporary patching and the alternatives for permanent improvements. e. Motion by Councilor Brian, seconded by Councilor Johnson to have the City provide temporary patches around manholes and driveway �. approaches while the City continues legal action against Pacific Frontier Wood Markets, Inc Motion approved by unanimous vote of Council present. 13.2 Regic,tal Library a. City Administrator updated the status of the Regional Library Study. Li br Ar Stud He suggested that the Council and County Commission discuss this issue at their workshop in September. 13.3 Council Filings a. City Administrator reviewed the council candidates for the November election. b. City Administrator said he will hold a briefing with all candidates to summarize current events. The candidates will be receiving meeting agendas and any additional information they request, other than Council mail, at no charge. 13.4 Council Meetings Calendar a. City Administrator reviewed the calendar through the end of the year. The September 10, 19869 Council and Washington County Commission Workshop and S8Q was set for 6 :30 p.m. 9.3.5 Block 8unt Advisory Committee aa. Councilor Edwards. had received a letter from the Washington County Department of Community Development requQs4�la�tima meetiangsy it appointed to a steering committee. Due t the y may be advisable to appoint a staff member. b City Administrator recommended that Planner Dwayne Roberts be appointed to the steering committee. by by steerfnorcammittee. approve c Motion b Councilor Edwards, seconded y ov the appointment of Dwayne Roberts to the g Motion approved by unanimous vote of Council presents 13.6 Hall Boulevard Bike Path a. Community Development Director said there is are opportunity to apply for State funds for as bike path. He reviewed the existing and planned bike pat on Hall Boulevard. The State would provide a maximum of $50,000 and the City would pay a maximum of $12,500 to come from the Street System Develpment Charges Fund The City c ° Administrator said this would not affect the CIP approvals already budgeted for the current .ear4 b. Councilor Brian suggested radiating the bike path% from the elementary schools linking them to the major systems. Community Development Director said staff will review the bike paths with this philosophy in mind. c. Motion by Councilor Johnson, seconded by Councilor Edwards 10 authorize t►e City to make the application for State funding. Motion .,,,proved by gnaanimous vote of Council present page 9 ° COUNOIL MINUTES - August' S, RECESS OPEN SESSION: 9043 p.m. 14. EXECUTIVE 9ES3iON: The Tigard City Council went into Executive Session under the ptrdvisions of OAS 192.660 Cl), (d), and (h) to discuss 1;.bor relations and current/pending litigat!‘on issues. 15. ADJOURNMENT: 9:45 p.m. yor, City of Tigard Page 9 COUNCIL MINUTES August CITYOF °WARD CA) 13 P.O Bo'23` d 397 7--C' -110 Tigard, Oregon 97223 CITY OF TIGARD OREGON COUNCIL. AGENDA 7TEM.SUMMARY AGENDA OF Augusts, 1986 AGENDA ITEM I: DATE SUBMITTED: August 13. 1986 US ACTT Public Hearing ISSUE /AGENDA TITLE Cochran held on Aur us t_1986 CPA 6-86 and ZC 6 -86 PREPARED BY: 7.lizabeth Newton REQUESTED BY: . CiC2uni l DEPARTMENT HEAD OK;: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY On August 11, 1986, the City Council held a public hearing Iva consider the request by Madeline and William Cochran to amend the Comprehensive Plan and Zoning designations on property located on 'che northwest corner of SW 107th and SW North Dakota. At that meeting the Council voted unanimously to reverse the Planning Commissions recommendation of denial of the application request. Attached is an ordinance fnr Council adoption which amends the Comprehensive Plan designation from Low Density Residential to Medium Density Residential and Zoning from R 4.5 to R-7. The Cit,, Attorney has determined that because the City has adopted a new Cgmprehensive Plan, the Cochran's will need to refile for MLP approval. ac ALTERNATIVES CONS €CERED Adopt the attached ordinance.' Modify the attached ordinance. AN ORDINANCE ADOPTING FINDINGS AND CCi'CLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMEMT (CPA 6-86) AND ZONE CHANGE (ZC 6 -86) PROPOSED BY THE CITY OF TICARD (COCHRAN) WHEREAS, Madeline and William Cochran have requested a Comprehensive Plan Amendm rt from Lew Density Residential to Medium Density Residential, and a Zone Change from R 4.5 (Residential 4.5 units /acre) to R-7 (Residential 7 units /acre; and WHEREAS, the Planning Commission r " "wed the proposal on July 8, 1986, . and recommended denial of the amendments ,,►std WHEREAS, a public hearing was held before City Council on August 11, 1986, to consider the Commission recommendation. THE CITY OF T'ARD ORDAINS AS FOLLOWS Section 1: The proposal is con° -*:gInt with all relevant criteria as discubsed in the July 8, 1986, Planning staff report to Planning Commission (Exhibit "A"). ' � Section 2: The City Council reverses the Planning Commis sion °s recommendation for denial of the Comprehensiv p Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "S" (map). Section 3 This ordinance shall be effective on and after the 51st day after its passage by Council, and approval by the Mayor, PASSE members present after PASSED: By ��tite off; all Council mem being read by number and title only, this day 1986 ORDINANC. E N Page '1 STAFF REPORT tPttbIr 'A" TIGARD PLANNING COMMISSION CITY OF TIGARD-TOWN HALL 13125 S.W. HALL TIGARD, OREGON 97223 TUESDAY, JULY 6,'1966 --7 30 P% ENDA ITEM 5.5 FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 4-86 Zone Change ZC 6-86 For a Comprehensive Plan Amendment froom7 • Low Density Residential and a Zone Change from R-4.5 to COMPREHENSIVE PLAN DESI TION: ZONING DESIGNATION City of Tigard OWNER: Madeline & William Cochran 9650 SW 47th Avenue Portland, OR 97225 LOCATION': Northwest �ot�600� f SIh! 106th 34DA Tax 2. 1182h9E1091.04 ber 24, 1979. Council. approved Ordinance 79 -88 the Tigard City the e�ochrran' s at which on property owned by o�hich chaa�ged the zone district In i9gO, 5 0 0 sq. ft. lots) 00. 10695 SW Worth Dakotan from R-7 to R-5 applied for and received +APP based -s�. that zoning, the Cochran' S , apP . conditions from the Planning � Pon County' with 81 ti Director for a Minor Land Paartitlon. In 195 a the ,Coehran' s recorded the staff report with Washington as instructed in the staff report but did not record the partition map was not recorded. the approving the Minor= Land Partition. Since the map partition rte Wash.. Co Dept. of Assessment and Taxation �rrae t records s4 the property property on the �x maps or in their noose process, $once During the Comprehensive Planning P remained in one piece. assigned partition did not appear to have been recorded, the zoning the Par land tip _ rt was R-4.5, which s in conformance with the�su�artid Partition ao the property Vaal had expired. area. Recently Mrs. Cochran came in to discuss the Minor Mrs . Cochran with staff and was told that the approval her knowledge. She �s feels that the expiration' occurred th� Council without her that the Cauneil to to a letter to At the June L instructed Comprehensive Alan Amens me of on her behalf initiate initiate the 1996 City Council meeting: the Council voted to Comprehensive Plan Amendment. STAFF REPORT - CPA 4- -66 ZC 6 -86 PAGE 1 �+ 3. Vicinity Information All of the surrounding properties R --3.5. 4. Site Information There is a small residence on the property which faces SW North Dakota. There are several, overgrown trees and Wirubs on the east side of the property between the house and SW 106th, SW 106th has been improved to City standards with sidewalks, drainage, .and pavement width. SW North Dakota is not improved to City standards although a dedication of right—of—way has been made to accommodate improvemen :s . There is an open drainage ditch on SW Oorth Dakota and there are no sidewalks. 5 ncan yd NPO Commenf,.s NPO #7 has been notified of the application request comments have•been submitted. FINDINGS AND•CONCLUSIONS but no written The rea.evant approval criteria in this case are Comprehensive Plan Policies 2.1.1, 6.1.1 and the locational criteria in Chapter 12. The Planring staff concludes that the abo o' criteria are satisfied based upon he' following findings: Policy 2.1.1 is satisfied because the NPO has been informed and given an opportunity to comment and notice of the public hearing has been sent to nearby property owners. Policy 6.1.1 is satisfies because the proposed re`oning will --- provide for a diversity of housing densities in the area. 'The locationaL committed west arad r f attachgl.F Transport • fij VA.* P i� pub sC "� ita �a4���aare�'� t��y�edt ��eeauset �th�e� fir'° � .� c �r � a�Sh rt • , � i , t • :, �jisLty �, ve 0 t. addi ion : RCC O 1r1ENDATIQ111 Based upon the above findings and conclusions, the Planning Staff recommends that the Planning Commission forward a recommendation of approv ; 1 • f CPA 4-=86 and ZC 6 -86 to City Council, PREPARED BY: iizab.th Newton Senior Planner (EAN: bs l l7) APPR'. V ._ 0 8Y : William A. Monahan Director of Community Development NE ..r NE 1144111E 1e'4 SECTION 34 S R A W W.M. WASHINGTON COUNTY OREGON SCALE 1" �= I001 SEE MAP IS I 34AD •/4 srCION C014,41 61119.43'W 1800 . 96AC 02.43 1700 . 96AC. 1100 � 4 ID 2 5 `INI IAL P1' am.' :a` . 3800 I k.:, I :3 1.1 400 r+ 12 134.20 62.4: 40611 034 3 2600 t rr�AC` LEGIBILITY STRIP 10. 11. Approved by unanimous vote .of ,Council pvesent. RECESS 10610 p.m. CONTRACT REVIEW DOARD . MEETING a. Meeting called to order at. 101 10. p. m. , Present were Board .ours Tom lr ian, Carolyn . Eadon, and Valerie Johnson. b. Motion by Board. member, Johnson, seconded, by . Board member Eadon to authorize advertisement 'for: bids for - EW Fairview and SW 68th Avenue Pavement Overlay projects. Approved Ray .unanimous vote. of -Board presentm c. Meeting adjourned at 10112 p.m. RECONVENEa 10112 p.m. w' A rt a. Community Development Director reviewed the request. . The Council discussed .whether all fees should be waived. Councilor Eadon indicated that the 'error was not a result of the City's negligence. Councilor .Brian felt• that the City has offered. a co promis . The Minor Land Partition will incur staff .time. Councilor Johnson pointed out. • the imitation made on the City's receipt saying "record minor land partition." This could be construed to mean that the transaction had taken place as a result of the payment. It appoars that the Cochraurr.s felt they had gone through proper channelt and completed their filing. Councilor Johnson felt both fees should be waived. tion by Councilor Johnson to modify staff's recommendation and Motion ►tion died for lack of a second. Motion by Couno: i l President Brian, seconded by Cone i, l or Eadon, that staff be directed to initiate the Comprehensive !an endment and Minor Land Paar t i t i on and sai ve the fee for Camp _:' t si ve Plan Amend, stmt only. Approved by a 2-1 majority vote of Council present, Councilor Johnson voting nay. 12. CONSENT AGENDA' These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that any item be removed by motion for discussion and separa6. action. Motion toy . F . • 1. t.-Page 9 - °" 06 IL f II UTEE _ June.9, • • TIGARD PLANNING COMMISSION REGULAR MEETING - JULY 8, 1986 1. President Moen called the meeting to order at 7 :35 PM. The meeting was held at the Tigard Civic Center - Town Hall Room - 13125 SW Hall Blvd, Tigard, Oregon. ROLL CALL: PRESENT: President Moen; Commissioners Owens, Butler, Fyre, Peterson, Vanderwood, and Newton. ABSENT: Commissioners Will Newman and Deane Leverett STAFF: Senior Planner Keith Liden; Assistant Planner Deborah Stuart; Secretary Diane Jelderks. APPROVAL OF MINUTES Commissioner Owen,'; moved and Commissioner Peterson seconded to approve the minutes as submitted. Motion carried by majority of Commissioners Present, Commissioner Newton abstained. PLANNING COMMISSION COMMUMIC,TION Senior Planner Liden state.. that Albert and 'Virginia Misterek, Agenda Item 5.8 (Subdivision S 14- 86 /`..ot Line Ad j . M 16-86/Variance V 13-86) had requested their item be se, over to the August Hearing. President Moen moved and Commissioner Owens seconded to set Agenda Item 5.8 over to the August Planning Commission Hearing. Motion carried unanimously by Commissioners present. Larry Conrad, Senio.^ Planner, City of Beaverton did presentation on the -ln Services Study. Commissioner Butler stated that he had written a letter, � , ds a private citizen, to the Boundary Commission regarding the Metzger Annexation. half-hour PUBLIC HEARINGS 5,1 REVIEW APPLICATIONS FOR APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATIONS. Applications wore reviewed for Patricia. Taylor Cantrell for membership in NPO f 2 (presently combined with NPO # ,1) and for Daniel R, Gott for membership in NPO # 1. Patricia Cantrell was unable to attend the meeting, Daniel Gott was present and stated he had been attending NPO l's meetings and was concerned with changes being made in the neighborhood and wanted to be involved in the process. Commissioner Owens moved and Commissioner Butler seconded to forward the i i �' to City Council a recommendation for appointment, applications it with Motion carried unanimously by Commissioners present, .y PLANNING CbMeiISSION ;MINUTES " . ` ,ly:.8, 1986 Page 1 yM� 41 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 4--86 ZONE CHANGE ZC 6--86 NPO f 7 A request by MADELINE & WILLIAM COCHRAN for a Comprehensive Plan Amendmen from Low Density Residential, to Medium Density Residential and a r t Change from R -4.5 to R -7. The property is located on the northwest t one of SW 106th and SW North Dakota (WCTM 1S1 34DA lot 1600;. corner Senior Planner Liden reviewed the proposal and made staffs recommend for approval. d ' ataon PUBLIC TESTIMONY Richard Moberg, NPO ft 7 Chairman, stated that the NPO had not reviewed the proposal. However, unless there had been an error made, he opposed the proposal. He dad not feel medium density should be allowed te creep iIto low 'density areas Richard St. Clair, 11060 SW 106th, also opposed the proposal, concurring wi with Mss' . Boberg . PUBLIC HEARING CLOSED Copsensus of the Commission was to deny the application beca time that had elasped, the Comprehensive Pla use on the n taken place anu �:. process and adoption.. had policy 6.3.3 is in effect which protects established. areas, They felt the Council should look at the whole area inereasin to R -7 instead of just one lot. g Commissioner , . + CPA 4 -86 nand ZCd6 86o to City Council Newton seconded to forward y it with a recommendation for denial. y Commissioners present. Motion carried unanimously b y C 5,6 PLANNED DEVELOPMENT PD 4-86, .�11 _ SUBDIVISION S 12-86, SENSITIVE IVE LANDS SL 7 86, ZONE CHANGE ZC 7-86 SPECTRUM PROPERTIES, INC. Request for a Zone Change from R-12 to R -12PD (Residential # 12 7 units /acre, planned p Subdivide . fanned devela went) to Subd�vxde 6.36 acres into 16 lots from 5,000 to `q. t, and for a Sensitive Lands permit to construct half street s f n the 100 et pPro 360' flood Plain. Located; North side of SW improvements within a ith x.matel 360 ' east year floa 100 y st of SW 106th Avenue (WCi'M 18 34DA dot Senior Planner Liden oeviewed the proposal and made staff's recommendation for approval with 24 conditions APPLICANT'S PRESENTATION Gln McCurdy, 2798 SW Talbot Road, Portland, 97201, stated that he option to purchase on the had an property, With the zoning of the property being R -12 he could build 40 apartment units. He is proposing 16 single family bats. 'nimum lot requirement is 3500 his with at � least 3500: proposal is for 5,000 to 7,000 s q ft. above the flood plain. He concurred with staffs recommendation. PUBLIC TESTIMONY PLAWINC COMMISSION MINUTES and says (Please Prin That T zz1m S i i►�L,r.r _ �► .? The City of Tigard, Oregon. That I v:crved notice of Public Hearing for Tigard City Couneil.. of which the, attached is a c py (Marked Exhibit A upon eac0 of the following named persona on the day of + ;: 'd 198 , by mailing to each of them at the address shown on the %_ trached list TR3iked Exhibit B), said nocicfL as hereto attached, deposited in the United States Hail on the L day of, pig age prepaie. S1 nature NOTARY PUBLIC OF ORECON NOTICE Or PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY, August 18.E 1986 AT 7:00 PM , IN THE TOWN HALL OF THE TIGAA ".J CIVIC CENTER TOWN HALL - 13125 SW HALL BLVD TIGARD, OR, WILL. CONSIDER THE FOLLOWING APPLICATION: APPLICANT: City of Tigard OWNER: Madeline & William. Cochran 9650 SW 47th Ave Portland, OR 9721 REQUEST: A review by City Council of a Planning Commission recommendation to deny a request by William and Madeline Cochran for a Comprehensive Plan Amendment from Low Denity Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. The property is loc. LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1F,1 34DA lot 1600). THE PUBLIC HEARING IN THIS'MAlTER WILL BE CONDUCTED IN' ACCORDANCE WITH THE RULES OF PROCEDURES OF THE TIGARD CITY COUNCIL TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO "HE RECORD, FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY RECORDER OR PLANNING DEPARTMENT AT: 639 -4171 CITY or TIGARD 13125 SW Hall Bvd , Tigard, Oregon 97223, 2566P, GREENWAY TOWNCENTER sumbiCRCRCST.� 45•w�NEjtaT4NC C T10ARD N09 °'45' W. 1800 .96AC 02.45 1700 .96AC. 1. • . . '1N1TIAL Pt , ,tyy`o:4,1' t;i th I3800 .9% •i `( " 1 hat, I 11 I:(.4? 'I1tlIiNI :)1v\ N. ; PU R P(' ; '.t t; 1'100 1200. 1300' 4 1400 IL, 5 M yl 4 O 134.28 164 134..'3 COCHRAN 9650 SW 47th Ave. Portland, OR 972„ AY Boberg 10660 SW North Dakota Tigard, OR 97223 SHAY 11180 SW 106th Ave. Tigard, OR 97223 MAY 11190 SW 106th Ave. Tigard, OR 97223 BURSKEY 1150 SW 106th Tigard, OR 97223 GUNDERSON 11120 SW 106th Ave. Tigard, OR 97223 Gilbertson: 11090 SW 106th Ave Tigard, OR 97223 TAYLOR/Z ST CLAIR 11060 SW 106th. Tigard,, OR 97223 110MANNING 11095 SW 106th Ave. Tigard, OR 97223 NORBO 11125 SW 106th Ave. Tigard, OR 97223 LIVINGSTON 10970 SW North Dakota Tigard, OR 97223 ' GEDROSE 4750 SW 182nd Aloha, OR 97005 DORR 10875 SW North Dakota Tigard, OR 97223 NORTON 11030 SW 106th Ave. Tigard, OR 97223 CORNELIUS 11045 SW 106th Ave. Tigard, OR 97223 MEADS 11065 SW 106th. Ave. Tigard, OR 1223 SHIGENAGA 1300 Light View Sf reet Monterey Park, Calif. 91754 THOMPSON 10846 RemmLt Chatsworth, California 91311 VALLEY-E.S. ASSOC. 1099 SW Columbia St. Portland, OR 47201 DOELIE /7. Donovan 10750 SW forth Dakota Tigard, OR 97223 LARSON 10730 SW North Dakota Tigard, OR 97223 BERCUTT /BOI3ERG 3703 SW Kanan Dr. Portland, OR 97221 CONDON 10570 SW North Dakota Tigard, OR 97223 8100.:.455 STAFF REPORT FINAL ACTICYM TIGARD PLANNING DEPARTMENT DECEMBER 26, 1980 CITYOF TI6ARD WASHINGTON COUNTY, OREGON NPO #7 APPLICANT: Mr. and Mrs. Wm. A. Cochran 9650 SW 47th. Avenue Portland, Oregon 97219 OWNER: SAME APPLICATION DATE: December 8, 1980 REQUEST: To partition a 16,116 square foot lot into three (3) lots of apps oxintae ly 5,300 c ua:s.e feet each. SITE LOCATION; ' 106515 SW North Dakota (Wash. Co. Tax Map 1S1 34DA, Tax Lot 1600) SITE DESIGNATION Zoning R-5, Comprehensive Plan R -S PREVIOUS ACTION: Tigard City Council. passed Ordinance No. 79 -88 on Septexn er 24, 1979 which changed the zoning from City of Tigard R -7 to City of Ti and R..S ▪ FINDINGS OF FACT: .l . Applicant proposes to partition three (3) lots with the intent of constructing e (1) single family home on each lot. The existing oilse will have to be moved or removed before any building takes plu-'e on the middle or west lot.' ▪ North Dakota is a collector street requiring sixty (60') feet right -of -way. Currently, North Dakota is not improved in front of the ite. . 106th Avenue is a local street requiring fifty (50') feet ight -of -way. Full half street improvements have been made in front of a site • The applicant was requested to dedicate ten (30') feet elon shit North Dakota as a condition of Zone Change, ZC 28-79. This had n been done as of December 12, 1980. . On September 24, 1979, the Tigard City Council approved Zone L ange t 3C 28w-79 (See attaw..hed Staff Report) with conditcnne. ( ▪ Water and sewer service are available to th0 site. . City Council policy require that half street improvements be made or minor land partitions at the titr4 of the partition. 12420 S.W MAIN P.O, BOX 23347 TIGARD„ OREGON 97223 Rai: 639 171 STAFF REPORT TIGARD PLANNING COMMISSION CITY OF TIGARD TON HALL 13125 S.W. BALL TIGARD, OREGON 97223 I AGENDA ITEM 5.5 TUESDAY, SLILY 8, 1986-7:30 PM FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 4 -86 Zone Change ZC 6-86 REQUEST: For a Comprehensive Plan Amendment from Low Density RefidentLJ and a Zone Change from R -4.5 to R -7. COMPRENENS" E PLAN DESIGNATION: ZONING DESIGNATION APPLICANT: City of Tigard OWNER: Madeline & William Cochran 9650 SW 47th Avenue Portland, OR 97225 LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1S1 34DA Tax Lot 1600). Background On September 24, 1979, the Tigard City Council approved Ordinance 79-88 which changed the zone district on property owned by the Cochran's at 10695 SW North Dakota from R -7 to R-5 (5,000 sq . ft. lots) In 1980, based on that zoning, the Cochran's applied for and received approval with nditions from the Planning Director for a Minor Land Partition. In 1981, the Cochran's recorded the staff report with Washington County but did not record the partition map as instructed in the staff report approving the Minor Land Partition. Since the map was not recorded, the Wash, Co.' Dept. of Assessment and Taxation did not partition the property on the tax maps or in their assessment records so, the property remained in one piece. During the Comprehensive Planning process, since the partition did not appear to have been recorded, the zoning assigned to the property was R- -3..5, which was in conformance with the surrounding area Recently Mrs. Cochran came in to discuss the Minor Land Partition with staff and was told that, the approval had expired. Mrs. Cochran feels that the expiration occurrtd without her knowledge. the was instructed to write a letter to the Council requesting that the Council initiate a Comprehensive Plan Amendment on her 'behalf. At the June 9, 1986 . City Council: meeting the. Council voted to initiate the Comprehensive Plan Amendment. STAFF REPORT — CPA 4-86 t ZC 6— PAGE y • 3. vicinity information All of the surrounding properties are designate i Low Density and zoned R -3.5. 4. Site Information There is a small, residence on the property which faces SW North Dakota. There are several, overgrown trees and shrubs on the east side of the property between the hcse and SW 106th. SW 106th has been improved to City standards with sith walks , drainage, anti pavement width. SW Worth Dakota is not improved to City standards although a dedication of right- of -way has been made to accommodate improvements. There is an open drainage ditch on SW North Dakota and there are no sidewalks. 5. Amu and NPO Comments NPO #7 has been notified of comments have .been submitted FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are p Plan pp Comprehensive Policies 2.1.1, 6.1.1 and the locational criteria in Chapter 12: the application request but no written criteria are satisfied based The Planning staff concludes that the above upon the following findings: 1. Policy 2.1.1 is .satisfied because the NPO has been informed and given an opportuni`y to comment and notice of the public hearing property has .been sent to nea:rb y owners,. Policy 6.1.1 is satisfied because the proposed rezoning will provide for a diversity of housing densities in the area. The locational criteria are satisfied because the property is not committed to low density development. In addition land to the west and south of the property is underdeveloped aiio there is attached residential_ development across 106th to the east_. SW North Dakota is designated as a minor collector on the Transportation Plan Map. There are no development limitations on the property such as topography, flooding or poor drainage. There is public transportation available within 1/2 mile. RECOMML JDATIOW Based upon the above findings and conclusions, thu Planning Staff M s t Planning Commission forward a recommendation of recommend that the approv 1 of CPA 4-06 and 7C 6-86 City �J �✓ i 144L4Lhi PREPARED BY: lizab•th Newton Senior Planner (EAN;bs117 STAFF REPORT CPA 4-86 & -C 6--06 - PAGE 2 APPROVED BY: William A. Monahan Director of Community Development eI '\ SHINGTON imierniamm4016E I11 :atilliMiii 2.171., tliet liaiffill * tfatirk oret. • ..91 . ratimm 4 is a .14:1 I COMPREHENSIVE PLAN AMENDMENT/ZONE � CHANGE /ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, PO Box 23397 Tigard, Oregon 97223 (503) 639 -4171 FOR STAFF USE ONLY 1. GENERAL INFORMATION �� yM PROPERTY ADDRrSS /LOCATION nAl /01if7n "a44/ TAX MAP AND TAX LOT NO. 5/ 34-60A-- L "t / "t o SITE SIZE _..1_,21 AP ' PROPERTY OWNER /DEED HOLDER* ADDRESS ,, i C>� i/ 4?` '_ 1/e. CITY P APPLICANT* ADDRESS 1 CITY" I PHONE ZIP ,97 2.- CASE NO . p t -0(0 78L.0_..6-0& RECEIPT , NO. lk ,.Pr APPLICATION ACCEPTED BY: 1r DATE: ,9) Appiicc""tion elements submitted: L./(;) Application form (1) (B) Owner's signature /written authorization (C) Applicant's statement (15 copies) 011 Olex 1 (D) Filing fee ($ 0 ) ='--� Additional information for Compre- sive Plan Aap Amendment:. /Zone Changes (E) Maps indicating property location (15 copies) PHONE 6,..5L9-19-7/ o r. 11 zip *When 6h owner and thJapplicant are different people, the applicant must be the purchaser of record or a leasee in pozsession with written authorization from the owner or an agent of the owner with wr: tten authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. PROPOSAL .SUIT9ARY The owners of record of request a romp rehens ive applicable) from L0 /) and a Zone Change f t'`ottt - the subject property Plan Amendment .(if t o Qfi tih'f (r' F) List of property owners and addresses within 250 feet (1) (G) Assessor's Map (1) (H) Title transfer instrument `1) DATE DETERMINED TO BE COM1PLETE. FINAL DECISION DEADLINE: COMP, PLAN/ZONE /GNA2 ON ♦ .j N,P,O, NUMber: OR The applicaqt requests an amendment to the following sections of the CorprehensiVe Plan or Community Development Mode Planning Commission Approval Date • 3. List any variance, conditional uses, or other land use actions to as part of this appli,ation:. 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time yot submit this application. be considered 5. THE AP?LICANT(S), SHALL CERTIFY THAT: A. The above B. request does not violate any deed restrictions that ma be attached to or imposed upon the subj propect erty4 If the application is grantee, the applicant will exercise the rights granted in accordance with the terms and subject to all tho conditions and limitations of the approval. C. All of the above statements and the statements in attachments, and exhibits transmitted herewith, are applicants -so acknowledge that any permit issued, application, may be revoked if it is found that any such false. the plot plan, true; and the based on this statements are The applicant has read the entire contents of the application, the policies and crimria, and understands the requirements for or denying the app1.± .ration. DATED this zibitr including approving ,l 19 86 SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL: pth /O737P ) oTICE OF PROPOSEDACTION � T0. . UEPARTME NT OF LAND CONSERVATION & DEVELOPMENT 1175 Court Street H.E. . Salem, Oregon 97310 -0590 Action: (Check all that apply 1 0 Land Use Regu1 ati on Amen dment OFFICE USE ONLY LCDC FILE # 74/0, Comprehensive X Plan Amendment DATE: FROM: LOCAL FIL June Cit 27 1986 of Ti CPA 4--86 & ZC 6--86 DATE SET FOR FINAL HEARING ON ADOPTION: use: 25 1986 > a final hearinge Notice must be received in mat east days p�" (Note: N .. eived n S a This date must be provided when filed ed at DLCD because provisions for comments are tied . to the date of final hearing). 7:00 M 3125 s TIME AND PLACE FOR _ HEAARING:„•,,, Ti OR • i and Town - 1 Hall Eily Hall SUMMARY AND PURPOSE OF PROPOSED Ate° for a Comprehensive Plan Amendment from ow Density Residential to Medium Density Residential and a Zone Change from R -4.5 to R-7. a Size of Affected; Area: ®catian or Af feCted__ Area: (2) List _. Statewide de Goals which ma ao ' 1 ' .to the r000sal e (3) List an state or federal a encies, loco str cts w i ch may a nterested in or averment or soeci a1 i .a or m, acte b fiht! roods DirOtt quesi i �s SW B of OFF YCE' USE ONLY NQ�TICE OF PROPOSED ACTION �� �' FILE FILE # TO: DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT 1175 Court Street N.E. Salem, Oregon 97310 -0590 Action: (Check t.t1 that apply). Comprehensive Land Use P1 an Amendment Regulation Amendment DATE: 90& FROM: .�,� �� .r/ L/ LOCAL FIL New Land Use Regul ati oi% (City or County) PATE SET FOR FINAL HEARING ON ADOPTION: (Note: Notice must be received in Sa1 iim� a 1 east days pri or t the final hearing. (No to . No � � e � comments are tied This date must be provided when filed at OLCD because provisions a ons i or comma to the date of final hearing). TIME AND PLACE FOR HEARINGLLO (1) SU FMA RY AND PURPOSE OF P POSED ACTION: k' larn. fyJJwA Vo4,4/ /0?/i4- °wry fa" 4": /7",/d/, f 3 4614,a1;1-e-- /97a14 1/ ` '4 ;�144'(-1 7 �. ri ,Si �. Location of Affected Area List Statewide Goals Whi th ma' n state or fe �ra`i agencies oea1 overr �nt ©r 1 ocal sneci al ser V, ce® (3) List a v .....eras.. rood s a s'�t °icts which y b�� iht! steel in or _Impacted by . the..p and comers APhonol 106-w Ave /9 L- DORT< )!vrn2t/YO+f 4:OO) 0,LN9A �I4� tvcikz-v Qi2G‘; JAY-- 071C bia 0 €CQ/ �wn J MS (7Lb\J/ Q/ /T7'11 f ¢ors ie fie evtu 417v, Jon9 4701v LalATIALgiV °J 6801 rJ1WOh9 42096 4s1--bc -21&kiksi l���NOYV .igazLZS M 91/r Jsh` h/-7 ¢LE/ vbv)v_3 a¢siz c--r1L-6) aP/c APC STATE OF OREGON ) County of Washington ) ss. City of Tigard ) , being first duly sworn, on oath depose That 1 am a for The City of Tigar , Oregon. That 1 server noZ ice of Public Hearing for Tigard Plann:.1g Commission. of which the, attached is a copy (Markey Exhibit A) upon each ,)f the following named a�ned persons con the day of ;��'. 198 1� , by mailing to each of them at the address shown on the attached list (.artted Exhibit 8), said notice as her to attached, deposited iv, the United States Mail on the _ day of , lei , postage prepaid. El et NOTICE OF PUBLIC HEARING Notice is hereby given that the Tigard Planning Commission, at its meeting on TUESDAY, July_ , 1986 at 7 :30 P.M., in the TOWN HALL of the TIGARD CIVIC CENTER, 13125 SW Hall Blvd., Tigard, Oregon, will, consider the following application: FILE NUMBER: CPA 4 -86 and ZC 6 -86 APPLICANT: City of Tigard 131.25 SW Hall Tigard, OR 97223 OWNER: Madeline & William Cochran 9650 SW 47th. Ave Portland, OR 97225 REQUEST: For a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R -4.5 to R -7. LOCATION: Northwest corner of SW 106th and SW North Dakota (WCTM 1S1 34DA Lot 1600) (See map on reverse side) The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Community Development Code and rules of procedure of the Planning Commission. Any persocas having interest in this mattes may att( d and be heard, or testimony may be submitted in writing to be entered into the tecord, of the initial hearing. For further information please contact the Planning Department at 639-41/1, TIGARD CITY HALL, 13125 5W Hall Blvd., or contact your Neighborhood Planning Organization (NPO) #__ 7 Chairperson Richard Bober Phone Number 639 -2342. Om/0257P) COCIiRAN 9650 SW 47th Ave. Portland, OR 97225 NANNING 11095 SW 106th Ave. Tigard, OR 97223 Boberg NORBO 10660 SW North Dakota 11125 SW 106th Ave. Tigard, OR 97223 Tigard, OR 97223 SHAY LIVINGSTON 11180 SW 106til Ave. 10970 SW North. Dakota Tigard, OR 9722 Tigard, OR 97223 HAY ' GEDROSE 11190 SW 106th. Ave. 4750 SW 182nd Tigard, OR 97223 Aloha, OR 97005 • BURSKEY DORR 1150 SW 1106th 10875 SW North Dakota Tigard, OR 97223 Tigard, OR 97223 GUNDERSON 11120 SW 106th Ave. Tigard, OR 97223 • Gilbertson: 11090 SW 106th :Ave. Tigard, OR 97223 TAYLOR /% ST CLAIR 11060 SW 106th Tigard, OR 97223 "MORTON 11030 SW 106th Ave. �g : T�. and OR 9722 3 CORNEL :US 10045 SW 106th Ave. Tigard, OR 97223 • 11EADEN 11065 3W' 106th Ave. Tigard, OR 97223 SHIGENAGA 1300 Light View Street Monterey Park, Calif. 91754 THOMPSON YO846 Rennet Chatsworth, California 91311 ZINMERMAN 10800 SU North Da' " k71ta Tigard,, R 9722 VALLEY -E.S. ASSOC. 1099 SW Columbia St. Portland, OR 97201 ,pOLLARS 10770 SW North Dakota Tigard, OR 97223 DOBLIE /% Donovan 10750 SW North Dakota Tigard, 0R 97223 BERCUTT /BOBERG 3703 SW K.nan Dr. Portland, OR 97221 GREENWAY TOWNCENTER ASH„ ANTON ON 0 10 1 '2'titu iv!TA ST. MIN ■■ III ■N N ST NE G iI!I NI th RINE 1! 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