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Planning Commission Packet - 10/03/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGE•: . ', TIGA.RC t'i ',NNI.Nt CC' MISSION October 3, 1978 - 7:30 P.M. Fowles ?Ln o: High - Lecture Room ti . 0865 S.W. Walnut St. - Tigard, Oregon 1. CAT= TO ORDER: • 2. ROLL CALL: 3. APPROVAL OF MINUTES: 4. COMMUNICATIONS: 5. HEAR:N‘: ITEMS: A- =,.aff Report B. Applicant's Presentation C. ' 'bi.sc Testimony y Pron3'ent's 4p_inent's c - Cris-examination D. --. _,_ Recommendation E. . _.nmisszon Discussion and action 5.1 ZCA'F CHANGE ZC 17-78 (Way W. Lee) NPO #4 A :er =et by Way W. Lee for a zone map amendment from R-7 "Single Family Residential" to C-3 "General Commercial" zone for a 5 acre parcel at S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502 southern portion. • 5.2 ZONE CHANGE ZC 36-77 (Western Racquet Club) NPO #5 A request by Western Racquet Club to amend general development plan and program (approved on June 30, 1978) in a C-3 "General Commercial" zone of parcel totalling 20.75 acres at S.W. Garden Place & Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 800, 1100, 1101, and 1200) . 5.3 VARIANCE V 8-78 (Van Domelen & Looijenga & Assoc.) NPO #5 A xequest by Van Domelen & Looijenga & Assoc. for variance to side and rear yard setbacks in a M-3 zone to construct a warehouse on 1- 09 acre parcel at S.W. 72nd Avenue (Tax Map 2S1 12D, Tax Lot 2400) . 5.4 SUBDIVISION S 4-78 (Angelynn) NPO #2 A request by Michael Mahon & Leon Bruneau to amend condition #1 of Subdivision S 4-78 on a 2.28 acre parcel in a R-7 "Single Family Residential" zone at S.W. 95th Avenue, North of S.W. Commercial St. (Wash. Co. Tax Map 1S1 35CD, Tax Lot 2400) . 5.5 CONDITIONAL USE CU 24-78 (Shady Lane Office Complex) NPO #2 A request by Theodore Bare & Kenneth Lewis for a conditional use permit to construct a professional office building on a 1.54 acre pared ir a A-2 "Multifamily Residential" zone and C-3 "General C mmErr:al" zone at Shady Lane (Wash. Co. Tax Map lS1 35B, Tax Lots 20' 20.: • 6. C ! if:, 7. A'__ nr!: .N . ti MINUTES TIGARD PLANNING COMMISSION October. 3 , 1978 Fowler Junior High - Lecture Room 10865 S .W. Walnut - Tigard, Oregon 1 . Call to Order: The meeting was called to order at 7 : 40 P.M. 2 . Roll Call: Present: Corliss, Brian, Funk, Smith, Tepedino, Wood Absent : Quimby, Rossman Staff: Weaver, Selby, Mackenzie 3. Approval of Minutes: The minutes of September 5, 1978 were approved as read with the following change: "Removal of Brian as second for the first motion on Page 4" . 4 . Communications : A. Weaver presented information on extension courses for the Planning Commissioners. B. Weaver spoke on enabling ordinances and writing new ordinances, with regard to the position of planning commissioners , non- e performance, excused absences, etc . C. Tepedino stated, "That three or more unexcused absences was cause for removal from the Planning Commission, but the removal must be approved by the Council" . Stated that, "there was a need for a definition of "unexcused" absence" . D. Smith stated, "that the rules already exist" . E. Selby presented a written memo to the Planning Commission members on the subject of closing meetings by 12 midnight. F. Tepedino suggested considering items at 11 p.m. for hearing the same evening or postponing until the following public hearing. Weaver leave at 8 :10 P.M. 5. Public Hearings : 5 . 1 Zone Change ZC 17-78 (Way W. Lee) NPO #4 A request by Way W. Lee for a zone map amendment from R-7 "Single Family Residential" to C-3 "General Commercial" zone for a 5 acre parcel at S.W. 69th Avenue (Wash. Co. Tax Map ISl 36AD, Tax Lot 6502 , southern portion) . A. Staff Report: Read by Selby MINUTES TIGARD PLANNING COMMISSION October 3 , 1978 Page 2 B. Applicant' s Presentation: Ken Cole, Architect for the project stated that buildings would step down the site and conform to the natural features of the landscape. He agreed that there was a drainage problem. Stated that the signal would be installed by August 1979 according to the Oregon Traffic Control. Stated that they would be removing some vegetation. C. Public Testimony: None D. Staff Recommendation: A. Staff Recommends denial for the following reasons: 1. The impact of the upgraded use will exist before proper traffic control can be financed and emplaced. Therefore, traffic congestion and hazardous conditions will increase. 2. The applicant is attempting to provide maximum potential of the property with its requested zoning , giving no regard to the natural topography, down stream flood impact, excessive grading, preservation of significant vegetation, and retention of the natural drainageway. 3. Applicant should resubmit planned unit development for requested zoning that will .midi.gate the concerns stated. B . Cross-examination: o Ken Cole stated that the drawings submitted that night were not necessarily final and that the design review process was a thorough one. He read a letter into the minutes to the Planning staff from June 1978 . Mr. Cole stated that they (the applicants) had attempted to work with staff but had not had the opportunity to do so. o Selby stated that it was up to the applicant to initiate contact and meetings with the planning staff. E. Commission Discussion and Action : a Tepedino asked for the square footage of impervious surfaces . Was the property to be mostly paved? o Smith asked about the possibility of underground parking? o Cole stated that it was possible. o Selby read possible conditions into the minutes for approval: MINUTES TIGAR;D PLANNING COMMISSION October 3, 1978 Page 3 1. That the site construction and drainage plan be sub- mitted and approved by the Planning, Building and Engineering Departments prior to the issuance of permits. 2. That soil compaction test and analyzation be submitted for approval by the Engineering and Building Departments prior to issuance of permits. 3. That downstream impact due to development of site drain plan be submitted and approved by the Engineering Dept. 4 . That the applicant submit a letter by State Highway Department indicating projected date for placement of signal light at 69th and 99W Highway. o Wood stated that the Planning Commission was not compelled to upgrade zoning even if in accord with the Comprehensive Plan. Thought that the property was a candidate for a planned development. o Smith thought that the Commissioners could require a planned development and that there was a need to reduce the amount of paving. QLo Wood moved to deny with the staff findings and recommendations . o Brian seconded the motion. Motion passed unanimously. 5. 2 Zone Change ZC 36-77 (Western Racquet Club) NPO #5 A request by Western Racquet Clubs to amend the General Develop- ment Plan and Program (approved on June 30 , 1978) in a C-3 "General Commercial" zone of parcel totaling 20 . 75 acres at S .W. Garden Place and Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200 , 300, 800, 1100, 1101 and 1200) . A. Staff Report: Read by Selby B. Applicant' s Presentation: Ron Statsny, Architect/Planner for the project explained the changes in the plan. C. Public Testimony: o Ann Craig of S .W. Knoll Drive stated that since the grading IL of the adjacent property, her property has become swampy. Wanted to know if the street vacation of Garden Park. had been completed? Mh . MINUTES TIGARD PLANNING COMMISSION October 3, 1978 Page 4 o Statsny stated that the vacation had not been completed yet. o Wood asked if the staff recommendation was in accordance with Policy #7 as far as the open space and the flood plain areas were concerned? o Carl Buttke spoke about the 25 foot road width. o Brian asked about the number of parking spaces required and the possibility of underground parking? o Ann Craig wanted to know the required setback from residential o Janice Kaylor an adjacent property owner wanted to know the types and times of truck travel. D. Staff Recommendation: A. Staff recommended approval with the following conditions : 1 . That the construction and site drainage plans with retention pond illustration be approved by the Engineering and Building Department prior to issuance of permits. 2 . That soil compaction tests and soil analysis report of the site be received and approved by the Engineering and Building Department prior to plan check approval (especially in regard to development of the flood —` plain. 3. If the Planning Commission chooses to locate the alignment on Hunziker at a future date, then a street plug must he located at the end of Hunziker on the property line. Also, public road from Hall Blvd. through to Hunziker alignment should be standard to local collector 50 feet right-of-way with 34 feet of paving. 4. Due to the heavy vehicle use, the cross section view of the on-site roads must be improved to 8" - 21 and 3/4" asphalt (commercial street standard) . 5. The proposed service alley must be marked "one way" traffic. , ... 6. Remove the proposed medium on the east side of the egress area from the service alley. 7 . Service alley must be a minimum of 34 feet wide, paved with egress and access being 34 feet. { MINUTES TIGARD PLANNING COMMISSION fi October 3 , 1978 Ai Ni Page 5 8 . If the improvement for parking lot on flood plain is approved, the elevation must not be altered. Tmprovement to "Flood Plain District Standards" must be met prior to Building Department issuance of permits . 9. Driveway aprons must be shown as approved by Engineering Department prior to final plat approval. 10 . Access road from 99W must be dedicated to the City with minimum paving of 34 feet. E. Commission Discussion and Action: o Wood stated that he had difficulty with the treatment of flood plain areas. o Tepedino agreed, he did not think there should be parking on it. o Funk thought that the flood plain issue was being overdone. o Brian preferred underground parking and no through street. o Corliss was opposed to amending the general plan now. fi°" o Wood moved for approval with conditions #4 , 5 , 6 , 7 , 9 , 10 as written and the following: 1) That no change occur with regard to the flood plain treatment as proposed in the previous plan. 2) That the variance of 25 feet for building setback as shown on the proposed plan be approved but with the required landscape buffer to be approved by Site Design Review Board. o Smith seconded the motion and added condition 3) that parking code requirements be met. The motion passed unanimously. 5. 3 Variance V 8-78 (Van Domelen & Looijenga & Associates) NPO #5 A request by Van Domelen & Looijenga & Associates for variance to side and rear yard setbacks in a M-3 zone to construct a warehouse on a 1. 09 acre parcel at S .W. 72nd Avenue (Wash. Co. Tax Map 2S1 12D, Tax Lot 2400) • A. Staff Report: Read by Selby MINUTES TIGARD PLANNING COMMISSION October 3 , 1978 Page 6 B. Applicant' s Presentation: Dirk Looijenga, Engineer for the project representing Caufield/ Urbana presented a site plan and explained the applicant' s need for a variance, disagreed with the staff site description and findings . Duane Christy, Realtor, stated that the adjacent property owner to the north, supported the request for a variance. C. Public Testimony: a. Proponent: o Winn McDonald, 8340 S.W. Ross, stated he was in favor of a zone setback so long as no other property owner was adversely affected. b. Opponent: o Harold Mazatto was against the proposal. He represented the developer to the south. Stated that there was a proposed office complex for the site to the south which would have windows facing the requested zero setback on the adjacent property. D. Staff Recommendation: Staff recommended denial for the rationale stated in the conclusionary findings. E. Commission Discussion and Action: o Smith was for denial of the proposal . . o Brian and Corliss agreed. o Brian stated that the applicant had not carried the burden of proof in his application. o Smith moved to deny on the grounds that the applicant had not carried the burden of proof in his application for the need for a variance due to extreme and unusual circumstances. o Corliss seconded the motion. Motion passed unanimously. 5. 4 Subdivision S 4-78 (Angelynn) NPO #2 IC A request by Michael Mahon & Leon Bruneau to amend condition #1 of subdivision S 4-78 on a 2. 28 acre parcel in an R-7 "Single Family Residential" zone at S.W. 95th Avenue, north of S .W. Commercial Street (Wash. Co. Tax Map lSl 35CD, Tax Lot 2400) . MINUTES TIGARD PLANNING COMMISSION October 3, 1978 Page 7 if A. Staff Report: Read by Selby B. Applicant 's Presentation: Monty Davis representing the applicant stated that they wanted to eliminate condition #1 of their subdivision approval because of street and residence location. To improve that section of street the result would not be adequate for the housing on the street in that it would cut within four feet of an existing garage. C. Public Testimony: a. Proponent: o Suzanne Schrag was for the proposal. Stated that she would loose considerable property. o Vern Christensen of NPO #2 was in agreement. b. Opponent: o Dale. Maliger objected to the survey. States being placed on his property. o Albus Emfelt was against the subdivision approval. o Mike Stan stated that he was for lifting the dedication of a 60 toot right-of-way. D. Staff Recommendation: Staff recommended approval with the revised condition #1. 1. That a non-remonstrance agreement be signed by the applicant providing for the future improvements on 95th (LID - 95th Avenue) . This revised condition will replace the former condition #1 of June 8 , 1978 . E. Commission Discussion and Action: o Smith asked who paid for streets? o Selby stated the developer, o Wood moved for approval with the modification of Condition #1 as follows: 1) That the developer enter into an agreement acceptable to staff guaranteeing a future half street improvement to be i made to local street standards along S.W. 95th for the north-t: east property line of tax lot 2400 to the southeast line of tax lot 2401, such agreement to be secured by roperty bonding or other security acceptable by staff. Fi MINUTES TIGARD PLANNING COMMISSION October 3 , 1978 Page 8 11' o Smith seconded the motion. The motion passed unanimously. 5 . 5 Conditional Use CU 24-78 (Shady Lane Office Complex) NPO #2 A request by Theodore Bare and Kenneth Lewis for a conditional use permit to• construct a professional office building on a 1 . 54 acre parcel in an A-2 "Multifamily Residential" zone and a C-3 "General Commercial" zone at Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 and 203) A. Staff Report: Read by Selby s. B. Applicant' s Presentation: Tom Hammon, Architect for the project stated that the buildings were not on the flood plain. Explained the project and its layout. C. Public Testimony: None D. Staff Recommendation: A. Staff recommended approval subject to the following conditions: 1. That the identified Greenway area within the property , boundaries be dedicated to the City and maintained by 1 the owner to the City's requirements . 2. That the Greenway area be left in it' s natural state with the exception of the owner cleaning out the dead ';I or dying vegetation. ?' 3 . That the applicant meets all requirements of the Flood Plain District (Chapter 18.57) prior to approval of tJ building permit issuance. !.i 4. That the applicant relocate the proposed southern office ; building away from the flood plain area of 162 foot contour and that all buildings be no less than three feet above the identified flood plain level. it 5. Site drainage plans must be submitted and approved by the Engineering and Building Departments for their approval prior to issuance of any permits . B . Rebuttal: 1� Tom Hammon questioned the dedication of the property for ' Greenway. Stated that the parking area would then be on City property. o tj . a MINUTES 4H TIGARD PLANNING COMMISSION ,;, October 3, 1978 i'' Page 9 E. Commission Discussion and Action: 1,H o Smith stated that the development was mostly asphalt and !)' building. E,', o Corliss thought that the project should have to go to the F! Design Review Board. o Wood explained the three foot flood height clearance , and stated that the greenway dedication was to keep the flood plain clear. o Tepedino did not think that parking should be allowed in p the flood plain. f. o Smith stated that the flood plain and greenway were not synonymous . o Wood moved for approval with staff conditions #2 & #5 as T written and condition #4 modified to read, "That ha the t applicant locate the proposed southern office building so that L" PP P P all buildings are no less than 11/2 feet above the identified flood plain level, and adding condition #6, "That the land- scaping be submitted to the Site Design Review Board for . approval" . If o Brian seconded the motion. i. Motion carried. Funk against. t. 6 . Other Business : None 7. Adjournment: The meeting was adjourned at 12 :05 a.m. . { I STAFF REPORT AGENDA 5 .1 AT TIGARD PLANNING COMMISSION October 3, 1978 - 7 : 30 P.M. Fowler Junior High - Lecture Room 10865 S .W. Walnut St. - Tigard, Oregon Docket: Zone Change ZC 17-78 Request: For a zone map amendment from R-7 "Single Family Residential" to C-3 "General Commercial" . Location: S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502 Southern portion) . Applicant: Way W. Lee I. Findings of Fact: 1 . The five acre parcel is presently zoned "Single Family Residential" R-7 . 2 . The NPO #4 Plan designates this area to be "Office Park" , with permitted uses to include professional/commercial office use. 3. The surrounding land uses are restaurants to the north, a restaurant to the west, O.E.S . offices to the south and single family units boarding the east side of the parcel. 4. The site has 12-25% slope moving from west to east. There is an excess of 25% slope located on the eastern side of the property. 1 5. There exists some large mixture of evergreen trees along the southern and northern portion of the property. 6 . The site is served by an 8 inch pressure sewer line provided by U.S.A. and an 8 inch water line from the Metzger Water District. 7 . The proposed development will have access from the continuation of 69th which presently has a 60 foot right- of-way to the subject site. 8. Sixty-ninth feeds onto 99W which is presently being studied by Oregon Department of Transportation for improvements to enhance traffic flow and safety. Improvements are tentatively scheduled to be financed and installed in approximately two years or by the end of 1980. 9. The applicant proposes to build three office buildings. The building to the south will be three stories with , 29, 400 square feet; the building in the middle is two stories, 19, 600 square feet and the northern building is two story, 19, 000 square feet. ' ,2 STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION October 3, 1978 - 7 : 30 P.M. • Page 2 II. Conclusionary Findings: 4I 1. The Oregon Department of Transportation (ODOT) has identified the intersection of 69th & 99W as warranting a signal light. 2. The District Highway Engineer has stated that the proposed development will generate approximately 568-1,420 average daily traffic (ADT) , pending on the type of office use. 3. This additional growth in traffic with the existing restaurant traffic coming off 99W onto 69th will increase the need for a traffic signal at the corner of 69th and 99W. 4 . The Oregon Department of Transportation further stated that the traffic approaching from the north to south along 99W has an existing traffic hazard of horizontal visibility to traffic turning onto 69th. Therefore, caution should be considered in continuing to intensifying development in this area prior to proper traffic management improvements. 5. The location and size of the proposed buildings will intensify the existing topography that will require excessive grading. 6. The site has poor drainage capability that can be resolved with proper drainage development. 7. The proposal is in violation of the Environmental Design and Open Space Plan Policy on Greenway and Open Space area. 8. The proposed development improvements and size of building location will impact the down stream flood plain areas. 9 . The subject property can be defined as a slopping degression from outlining topography that creates a buildable limitation. The applicant ' s request to upgrade the zone to comply with the Comprehensive Plan is adequate. However, the proposed use is extensive in view of the natural terrain, topography and traffic viability. III . Staff Recommendation: Staff recommends denial for the following reasons : 1. The impact of the upgraded use will exist before proper traffic control can be financed and emplaced. Therefore, traffic congestion and hazardous conditions will increase. STAFF REPORT f AGENDA 5 .1 TIGARD PLANNING COMMISSION a October 3, 1978 - 7 : 30 P.M. €` Page 3 t 2 . The applicant is attempting to provide maximum potential } of the property with its requested zoning, giving no regard to the natural topography, down stream flood impact, f' excessive grading, preservation of significant vegetation, a,, and retention of the natural drainageway. t: 3. Applicant should resubmit a plan for the requested zoning that will midigate the concerns stated. h' 1 ii fS, i' Y.- } STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION October 3, 1978 - 7: 30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut St. - Tigard, Oregon Docket: Zone Change ZC 36-77 (Western Racquet Club) I' • Request: To amend the general development plan and program (approved on June 30, 1978) in a C-3 "General Commercial" zone of parcel totalling 20. 75 acres. Location: S .W. Garden Place & Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200 , 300, 800 ,1100, 1101 and 1200) . • Applicant: Western Racquet Club I . Findings of Fact: 1. The general development plan and program approved a combination of recreational racquet ball , tennis courts and warehouse, industrial units. (See Planning Commission Minutes with previous staff report attached) . 2 . The applicant is requesting an amendment to revise the proposed uses, accesses and square footage. s 3. The alteration will amplify industrial use, lower recreational use; increase large truck traffic and decrease square foot of building size. 4 . The site is designated "Retail Commercial" in the northern portion of the site and "Light Industrial" in the southern portion on the NPO #5 Plan and currently zoned C-3 "Retail Commercial" and M-3 "Light Industrial" . 5 . The applicant is requesting general plan and program review of a two phase commercial/commercial professional/industrial planned development on parcels totalling 20. 135 acres in accordance with Section 18 . 56 .030 of the Tigard Municipal Code. Highway should be clustered and share common parking facilities and driveways. As new development occurs, the number of access points should not exceed the number necessary for proper on-site traffic circulation and, where possible, should be combined with access to adjacent businesses. Policy 25: Limit the amount of commercial development to occur in the industrial area, allowing only some growth of existing retail and service commercial in the area. 6 . Applicable policies from the Environmental Design and Open Space Plan: Policy 3: The City shalt restrict alteration of natural drainageways STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION October 3, 1.978 - 7: 30 P.M. Page 2 unless it can be demonstrated that the benefits are greater than the detrimental effects. Other jurisdictions in the Fanno Creek Basin shall be encouraged to do the same. Policy 5: The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas (Flood Plains, drainageways, areas of high visibility, unique habitats or rare species) . Significant trees or stands of timber shall also be protected. - t Policy 6: Require a site development report (e.g. hydrology, soils, geology) for major projects in designated areas and a statement reflecting methods to be used to minimize the .run-off erosion impact of the development on the surrounding area and downstream properties. Policy 7: Retain the 100 year flood plain of Fanno Creek, its tributaries, and the Tualatin River as an open preserve (Greenway). The greenway shall be established as the backbone of the open space network and, when a direct public benefit can be derived, i.e., when adjacent residential development, the greenway should be developed for passive recreation and pedestrian/bike travel. 7 . On November 1, 1977 the Tigard Planning Commission approved a preliminary plan and program for this site subject to the following conditions: 1. That preliminary approval only be given to the general concept of the PD. 1 2 . That approval of location and intensity of use must await submission of more detailed plans to include traffic and flood plain studies. • 3. The applicant must be prepared to show that, by encroaching into the flood plain, the fill will neither decrease the amount of storage capacity nor increase the run-off from the site. 4 . A flood plain fill permit application be submitted. 5 . A minor land partition application be made for Tax Lot 400 (Tax Map 2S1 1BB) . 6 . That a drainage plan be submitted for approval (to pay particular attention to the effect on adjacent sites) , II . Conclusionary Findings : • 1. The proposed Industrial Unit "D" will increase the need for truck traffic and traffic increase onto Hall Blvd. or 99W. 2 . The need for increase of parking space creates the use to improve parking on the flood plain. STAFF REPORT AGENDA 5 .2 TIGARD PLANNING3. The proposed development is being planned in two phases. The COMMISSION first phase will consist of ground preparation and the Page 3 construction of 69 ,232 square feet of commercial office and recreation facilities. Phase II will be the construction of a light industrial complex consisting of eight (8) buildings totalling 115,200 square feet of gross floor area. 4 . The site slopes from the north to the south, dropping from approximately 210 feet MSL at Pacific Highway to 150 feet MSL at the south property line. Considerable earth fill has taken place on the upper portion of the site, resulting in a tier effect. The applicant envisions locating the commercial offices and recreation facility on the newly created fills. The southern portion of the site is relatively flat and contains a pond. Red Rock Creek, which flows out of the northeast and passes under Highway 217, continues through the southeast portion of the parcel and serves as the primary source of water for the pond. Crystal Lake, which was formerly in the south- eastern corner of the site, has been graded over. 5. The site is surrounded on the east by Highway 217; to the south by industrial development and single family residential (southwest) ; to the west and across Hall Boulevard are apart- ments; and to the north retail stores, a service station, and Pacific Highway. 6 . The applicant has essentially incorporated into his general plan and program the conditions of preliminary approval. Based on the revised site plan, conditions 3, 4 , and 5 have become moot points for the following reasons : a. Although a portion of the site does fall with the 100 year flood plain (note: new elevations for the 100 year flood plain have been recently calculated by the U.S . Army Corp. of Engineers as of April 1978) no building encroachment is being proposed within the flood plain and subsequently there would not be a need for a flood plain fill permit. b. Tax Lot 400 which was proposed to serve as an overflow parking lot for the recreational and commercial areas has been eliminated as part of the total project area and the parking demands for these uses are to be accommodated on the remaining portion of the site as submitted in the general site plan. 7 . An update traffic impact study for the site has been conducted by Carl Buttke, P.E. Consulting Engineer (See traffic study in booklet) . 8 . See previous staff report (June 20 , 1978) for Code Deviation. The required and planned parking lots has been amended and are satisfactory to the staff Access to the parking lots has been approved to be narrowed to 20 feet. A revision of 30 feet (code standards) would be favorable due to the increase in traffic on site and the extension of parking lots. Mk STAFF REPORT AGENDA 5. 2 ff TIGARD PLANNING COMMISSION j October 3, 1978 - 7: 30 P.M. . Page 4 9. With the parking lot proposed on the flood plain, the open P . space and landscaping will be less than the previous 50% approved. 10. The previous Conclusionary Findings (Item #2) states: "There will be no encroachment into the 100 year flood plain. " This may have been a serious consideration by the previous staff. Caution should be taken in considering approval of use in this area. 11. Item #3 of the Conclusionary Findings states : "Access has been provided onto Hunziker Street for the industrial traffic anticipated to be generated by this development. This third access/egress will help to lessen the traffic impacts on Hall Blvd. and Pacific Highway. However, staff concurs with the Engineering Department that a dedicated public right-of-way should exist through the site from Hall Blvd. to Pacific Highway. Future access to Hunziker creates two concerns : a. If accessis to be aligned with future development of the property south onto Hunziker; the proposed road on the industrial site will have to be dedicated public right- of-way and proper standards should be required. This public access would then add to the on-site traffic generation and possibly cause congestion with the mixed vehicle usage. b. If the alignment was dissolved or restricted on Hunziker , then the on-site traffic would be limited to Hall Bvld. or 99W and congestion may occur at the access points. Also, there would be less distribution of traffic. III . Staff Recommendations: Staff recommends approval subject to the following conditions: 1. That the construction and site drainage plains with retention pond illustration be approved by the Engineering and Building Departments prior to issuance of permits . I { 2 . That soil compaction tests and soil analysis report of the site be received and approved the Engineering and Building Department prior to plan check approval (especially in regard to development of the flood plain) . 3 . If the Planning Commission chooses to locate the alignment , ,. on Hunziker at a future date, then a street plug must be located at the end of Hunziker on the property line. Also, public road from Hall Blvd. through to Hunziker alignment should be standard to local collector 50 feet right-of-way with 34 feet of paving. si STAFF REPORT AGENDA 5 .2 zk' TIGARD PLANNING COMMISSION October 3, 1978 - 7: 30 P.M. Page 5 4. Due to the heavy vehicle use, the cross section view of the on-site roads must be improved to 8" - 2 1/2 and 3/4" asphalt (commercial street standard) . 5 . The proposed service alley must be marked` "one way" traffic 6 . Remove the proposed medium on the east side of the egress area from the service alley. 7 . Service alley must be a minimum of 34 feet wide, paved with egress and access being 34 feet. 8. If improvement for parking lot on flood plain is approved, the elevation must not be altered. Improvement to "Flood Plain District Standards" must be met prior to building department issuance of permits. 9 . Driveway aprons must be shown as approved by Engineering Department prior to final plat approval. 10 . Access road from 99W must be dedicated to the city with minimum paving of 34 feet. MINUTES TIGARD PLANNING CONMISS( • June 20, 1978 FoWLcr• Junior High School - Lecture Room • • 1.0865 SW Walnut - Tigard, Oregon 1. Call. to Order: Meeting was called to order at 7:30 PM 2. Roll Call: • • Present: Wood, Corliss, Quimby, Brian, Rossman, Sakata Excused Absence: Tepedino, Popp 3. Approval of Minutes: The minutes of the June 62 1978 and June 13, 1978 meeting were approved. 4. Communications: None 5. Public Hearings: 5.1 ZONE CHANGE ZC 36-77 (Western Racquet Club) NPO 5 A request by Western Racquet Club for a general plan and program review for a Commercial Industrial Planned Development in a M-3 Light Industrial and C-3 General Commercial Zone of parcels totalling 20.75 acres at SW Garden Place and Pacific Hwy(Wash. Co. Tax Map 2S1 1BB, TAX Lots 200, 300, 800, 1100, 1101, 1200) . I A. Staff Report Read by Laws B. Applicant's Presentation Ron Moore, Co-Applicant for the project stated the entire team which had worked on the project was present. Don Stassney, Architect, 813 S.W. Alder, presented a slide show and explained all phases of the proposed development. • C. Public Testimony: None D. Staff Recommendation: . . . Based on Findings of Fact and Conclusionary Findings staff recommends approval of the general plan and program subject to the following conditions: 1. That all buildings, building locations, landscaping, pedestrian access, vehicular access to parking areas(to include driveway width:) and be subject T review. 4 ` ,Q CI E,S 1. ,1 2. That a dedicated street, built to commercial street standards with feet of pavement, 5 foot sidewalks on one side of the street (location of sidewalks to be determined during design review) be provided through the property from Hall Blvd. to Pacific Highway via Carden Place and that the applicant petition to the City Council to vacate the remaining pP petition City remaining portion of S.W. Garden Place. 3. That a left turn refuge lane, to include striping be provided along the Hall Blvd. frontage and that a half street improvement (to include curbs and sidewalks) also be provided along the Hall Blvd. frontage. All im- kj 4i MINUTES TIGARD PLANNING CM4ISSION June 20, 1978 Page 2 provements to be subject to State Highway Department approval. .4. That no parking be allowed along Hall Blvd. from Pacific Hwy to S.W. Knoll Drive. This will require a no parking ordinance via City Council action. 5. That no left turns occur from Garden Place into the westbound Pacific Hwy traffic and that approach street improvements to Garden Place • from Pacific Hwy be provided per State Highway Dept. requirements. k.;' ebuttal: Don Stassney, stated they would have a problem with Staff Rec. #2 and the width of the street with the parking backing into the right of way. Laws asked what would be the net loss of parking spaces if they were removed. Stassney stated 15 spaces. Bob Gardiner, Landscape Architect, stated they had tried to keep the cars from parking directly in front of the buildings. Wood asked about the safety implications and what if the street became a shortcut. • Stassney stated the road now proposed was 30' . Quimby asked if the fire marshall had been contacted. Buttke, Consulting Engineer for the project, stated they wouldn't be high volume streets. • Corliss asked what sort of material the buildings would be constructed of. • Stassney responded board form tilt up of pre-cast concrete with tin roofs; the materials would be consistent throughout the project. Sakata asked if the property owners had been notified about thevacation street vacation, Laws stated they. had been notified of the .meeting. E. Commission Discussion: Brian was concerned with the traffic flow; with the truck and hours of operation. Buttke referred to the traffic study he had done which was in the book each commissioner had. Brian stated the 72nd interchange was not yet firm and asked if they could restrict trucks on Hall Buttke stated there were other industries on Hall requiring truck access; there would be very,very few trucks during peak hours. Qummby asked if the fire marshall had approved this plan for emergency access. Laws stated they had reviewed it and had made r.o comment. Sakata wanted the fire department to approve of the plan; felt two outbound:<lanes ,, ..r' needed. 3u ttke s t-t tcd v:..th these v .tom ,4�I::•,;; t U1uCE.::' it could oa7y require one lane. •��`s�. Rossman felt staff had done an .exceptional job and was in favor of the staff .' ' ' recommendations . `T(. + ; Corliss stated it was a fine plan. Wood questioned the parking problem on Hall;wanted the fire department appro' ; agreed that three exits would provide sufficientiegress; asked if the parking stalls were 9Y wide; asked if the safety/aesthetic trade-off would justify more parking; would it be financially feasible to add 50/. water retention: David Evans, responded it would be feasible to add the water retention with the roof top storage. Brian was concerned with the history of fill on the site. MINUTES TICARD PLANNING COM [ISS.LuN June 20, 1978 Page 3 encroachment in the flood plain took place prior to the • Laws stated 'adoption of the flood plain ordinance. Rossman made a motion for approval, based on staff recommendations; Brian seconded. • Wood added two additional conditions; 1) fire department approve all road widths and turns 2) the water retention be incre ed by 50% Sakata asked about making the parking stalls 92' Laws stated the additional cars could be scattered throughout the site as compact spaces; this would be answered during design review. The motion was unanimously passed. • 5.3 ZONE CHANGE ZC 15-78 . (Der - Hart Associates) NPO 5 A request by Der-Hart Associates for a Preliminary Plan and Program Review of a Residential Planned Development and 'Zone Map Amendment from R-7 to R-7 PD, for a 15.27 acre parcel at 14070 SW Hall Blvd (Wash. Co. Tax Map 2S1 12B, Tax Lots 600, 800, 1100, 1101). • A. Staff Report: Read by Laws. B. Applicant's Presentation: • Bill Svendsen, 1544 S.W. Hawthorne, Portland, stated he agreed with the staff report and addressed himself to the 3 points under Staff Rec. #7 and clarified that there would not actually be 80' of asphalt but would s be broken up with landscaping and street trees. He agreed to the points required in the letter from Joe Greulich, Fire Marshall. C. Public Testimony: None. D. Staff Recommendation: • Staff recommends approval of the preliminary plan and program with the following conditions. 1. That the points of concern raised in findings of_fact. A, B, and C, - be addressed in the general plan and program when submitted. 2. In addition, the concerns raised by the Fire Marshall in his attached correspondenan should also be addressed. • E. Commission Discussioin and Action: • • Rossman was_,,icti favor, of the proposal. Sakata strongly opposed passing the proposal; the lot size at 1850 sq. ft. 4k � 'I was too small; there was no play area for p the duplex lots.du Quimby Cirr,rt.!.d with S'at:.ata. Wood stated the street t:es.ign would invite trouble witlieemergency the lots arrangements was an obvious attempt to maximize. Corliss asked the applicant about the lot size, Svendsen pointed out the lot sizes; the density was 8 units/acre which was . in conformity with the Bonita plan to provide a range of living alternatives. Corliss stated it was in conformance with the plan. Jeff Hartley, Der-Hart Associates, stated lots of time and care has been put into this proposal; it was a beautiful site and they had attempted to preserve much of is as well as provide different types and styles of homes; they met • • STAFF REPORT AGENDA 5 . 1 Tigard Planning Commission June 20, 1978 Fowler Junior High - Lecture Room 10565 S .W. Walnut St . - Tigard, Oregon Docket : Zone Change ZC 36-77 Request : For a general plan and program review for a Commercial/ Industrial Planned Development in a C-3 "General Commercial" and M-3 "Light Industrial" zones of parcels totalling 20 . 135 acres . • Location : Southwest Garden Place and Pacific Highway between Hall Blvd. and Highway 217 (Wash . Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 500, 1100 , 1101 and 1.200) . Applicant : Western Racquet Clubs , Inc. I . Findings of Fact : 1 . The site is designated "Retail Commercial" in the northern portion of the site and "light industrial" in the southern portion on the NPO #5 Plan and currently zoned C-3 Retail Commercial and M-3 Light Industrial . 2 . The applicant is requesting general plan and program review A of a two pha"se commercial/commercial professional./industrial planned development on parcels totalling 20 . 135 acres in accordance with Section 18. 56 . 030 of the Tigard Municipal Code. 3. Section 18. 56 . 010 of the Tigard Municipal Code states that : Purpose. The purpose of the planned development district is to provide opportunities to create more desirable environments through the application of flexible and diversified Zand development standards under a comprehensive plan and program professionally prepared. The planned development district is intended to be used to encourage the application of new techniques and new technology to community development which will result in superior living or development arrangements with lasting values . It is further intended to achieve economies in Zand, development, maintenance, street systems, and utility networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation, and 3enev;z1 well-being of the inhabitants . 4 . Applicable policies from the NPO 5 Plan are as follows : Policy 20 : In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific % • i ( ,{° STAFF REPORT AGENDA 5. 1 June 20, 1978 Page 2 • Highway should be clustered and share common parking facilities and driveways. As new development occurs, the number of access points should not exceed the number necessary for proper on-site traffic circulation and, where possible, should be combined with access to adjacent businesses. Policy 25: Limit the amount of commercial development to occur in the industrial area, allowing only some growth of existing retail and service commercial in the area. 5. A pp licable policies from the Environmental Design and Open Space Plan : Policy 3: The City shall restrict alteration of natural drainageways unless it can be demonstrated that the . benefits . are greater than the detrimental effects. Other jurisdictions in the Fanno Creek Basin shall be encouraged to do the same . Policy 5: The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas (flood plains, drainagew.- ,s, areas of' high visibility, unique habitats or rare spec ) . Significant trees or stands of timber shall also be protected. Policy 6: Require a site development report (e. g. , hydrology, soils, geology) for major projects in designated areas and a statement reflecting methods to be used to minimize the run-off erosion impact of the development on the surrounding area and downstream properties. Policy 7: Retain the Z00 year flood plain of Fanno Creek, its tributaries, and the Tualatin River as an open preserve (Greenway) . The greenway shall, be established as the backbone of the open space network and, when a direct public benefit can be derived, i. e . , when adjacent residential development, the greenway should be developed for passive recreation and pedestrian/bike travel. 6 . On November 1 , 1977 the Tigard Planning Commission approved a preliminary plan and program for this site subject to the following conditions : 1 . That preliminary approval only be given to the general con- cept of the PD. • 2. That approval of location and intensity of use must awa , ., submission of more detailed plans to include traffic and flood plain studies. • • • STAFF REPORT ( . ` AGENDA 5. 1 . June 20, 1978 • Page 3 • . 3 . The applicant must be prepared to show that , by encroaching into the flood plain , the fill will neither . decrease the amount of storage capacity nor increase the run-off from the site . 4 . A flood plain fill permit application be submitted. 5. A minor land partition application be made for Tax Lot 400 (Tax Map 281 .1BB) . • 6. That a drainage plan be submitted for approval (to pay particular attention to the effect on adjacent sites) . II . Staff Observations and Findings : 1 . The proposed development is being planned in two phases. The first phase will consist of ground preparation and the construction of 69, 232 square feet of commercial office and recreation facilities. Phase II will be the construction of a light industrial complex consisting of eight (8) buildings totalling 115, 200 square feet of gross floor area. 2. The site slopes from the north to the south, dropping from approximately 210 feet MSL at Pacific Highway to 150 feet MSL at the south property line . Considerable earth fill has taken plabe on the upper portion of the site, resulting in a tier effect . The applicant envisions locating the commercial offices and recreation facility on the newly created fills. The southern portion of the site is relatively flat and f? contains a pond. Red Rock Creek, which flows out of the northeast and passes under Highway 217, continues through the southeast portion of the parcel and serves as the primary source of water for the o p nd. Crystal Lake, which was formerly i y n the southeastern corner of the site, has been graded over . 3. The site is surrounded on the east by Highway 217; to the • south by industrial development and single family residential (southwest) ; to the west and across Hall Boulevard are apartments ; and to the north retail stores , a service station, and Pacific Highway . 4 . The applicant has essentially incorporated into his general plan and program the conditions of preliminary approval . Based on the revised site plan , conditions 3, 4 and 5 have become moot points for the following reasons : • a. Although a portion of the site does fall with the 100 year flood plain (note : new elevations for the 100 year flood plain have been recently calculated by the U.S. Army Corp. r' of Engineers as of April 1978) no building encroachment is being proposed within the flood plain and subsequently there would not be a need for a flood plain fill permit . ' is .. _. _____ S --- ' STAFF REPORT • AGENDA 5. 1 ° June 20 , 1978 Page 4 � b . Tax Lot 400 which was proposed to serve as an overflow F, parking lot for the recreational and commercial areas has been eliminated as part of the total project area and the parking demands for these uses are to be accom*nodate on the remaining portion of the site as submitted in the general site plan . 5. The revised site plan reflects a change in both the building dimensions and location of the commercial (recreational facilities) and commercial professional offices. The applicant has grouped the recreational facilities and professions: offices by "stacking" the office space (three stories) on top i, of the recreational facilities (racquetball and tennis courts) . ;:: The result is a net increase of 8220 square feet in office space but a reduction of 20, 600 square feet of recreation area for a total reduction of 12,380 square feet in building ' , area. The industrial buildings proposed in Phase II are the same in number (eight) proposed on the preliminary plan, but have been clustered and serviced with a loop driveway. No encroachment into the flood plain, would result based on the F' building locations as submitted. 7.4} ; 6 . A traffic impact study for the site has been conducted by , i Carl Buttke, P.E. Consulting Engineer. and reviewed by the E State Highway Department. Mr. Buttke' s conclusions were the following: a. A left turn refuge on Hall. Blvd. should be provided (this would require no parking on one side of the street) and a restriping of Hall Blvd. r.', ' The state concurs with Mr . Buttke's recommendation but feel no parking should be provided on both sides of Hall Blvd. from Pacific Highway to Knoll Street. j r. b . That left turns be prohibited from Garden Place to the i.; westbound Pacific Highway traffic. c. That when Phase II. is developed a third access be provided._ from the southeastern corner of the parcel onto Hunziker..,;; ,j Street . ;., 4 V. An access agreement between the subject parcel and the , abutting parcels to the south for access/egress onto Hunziker Street is recorded with the deeds of those V parcels. The agreement provides for a 60 foot easement; that would be dedicated for street right-of-way purposes at such time as it is deemed necessary by the County or x City . A portion of this easement between the Tigard Distribution Center and Partex has been paved but is without curbs and sidewalks . J 1 i • STAFF REPORT 2• GENT)A 5. 1 June 20 , 19781 Page 5 • Ci 7. The applicant is proposing that Garden Place from Pacific Highway to the south end of the recreational facilities remain as a dedicated right-of-way . But that the remaining portion of S . V. Garden Place be vacated and access from Hall Blvd . and Hunziker Street servicing the industrial properties be developed on easements. The Engineering Department has reviewed this proposal and made the following excepiton to the applicant 's proposal : • That a dedicated public street be .developed to commercial street standards ( this could be 36 feet of pavement and a sidewalk on one side of the street) from the Hall Blvd . access along the north property line to the Pacific Hwy. [. access access/egress (via Garden Place) . This way there would be a continuous public street provided for access to the recreation facilities and commercial professional offices . 8. Code Deviations : • The required total parking spaces for all uses in the develop- ment would be 316 . The applicant is providing for 310. Since peak hours of the proposed uses do not coincide with each other a .shared parking arrangement is being proposed. _ The applicant has stated "that the total amount of spaces is reduced but more efficiently utilized over the hours of a day" . • Access to the parking lots are proposed to narrow to 20 feet . Code requirement is 30 feet with 24 foot pavement surfacing. The height of the combined office and recreation area will be five stories, but less than 75 feet . Height maximum in a C-3 zone are 3 stories or 35 feet which ever is less. However, the Planning Commission can grant approval for structures up to a heights of 75 feet . The impacts of a building of this height on surrounding land uses should be negligible , in that the topography is such that the main exposure this complex will have will occur along only the Highway 217 frontage. 9 . A metliodogy for providing storm water detention has been submitted with the applicant ' s narrative program. 10 . Fifty percent of the site is to be open space and landscaping; the light industrial buildings will cover 13% of the site; cr and the recreation and office building 8%. The remaining 29% of the site will be used for streets, roads, parking and truck' service areas . • 4 1i . ', STAFF REPORT AGENDA 5. 1 4 ° June 20, 1978 . Page 6 III . Conclusionary 'Findings : 3. . The general plan submission has incorporated the objectives of the planned development district by providing for grouping of buildings intermix with "usable and attractive" open space while providing for a traffic circulation pattern designed to move efficiently and safely both vehicular and pedestrian traffic. 2. There will be no enroachment into the 100 year flood plain. 3. Access has been provided onto Hunziker Street for the. industrial traffic anticipated to he generated by this • development . This third access/egress will help to lessen the traffic impacts on Hall Blvd. and Pacific Highway. However, staff concurs with the Engineering Department that a dedicated public right-of-way should exist through the site from Hall Blvd. to Pacific Highway . IV. Staff Recommendations : Based on Findings of fact and conclusionary findings staff recommends approval of the general plan and program subject to the following conditions : • 1 . That all buildings , building locations, landscaping, pedestrian . access, vehicular access to parking areas (to include driveway widths) and signing be subject to design review. 2. That a dedicated street , built to commercial street standards with 36 feet of pavement, 5 foot sidewalks on one side of the street (location of sidewalks to be determined during design review) be provided through the property from Hall .Blvd. to Pacific Highway via Garden Place and that the applicant petition to the City Council to vacate the remaining portion of S . W. Garden Place. • i 3. That a left turn refuge lane, to _include stri ping be provided along the Hall Blvd. frontage and that a half street improvement ( to include curbs and sidewalks) also be provided along the Hall Blvd. frontage. All improvements to be subject to State Highway Department approval . " �..lLy..r..•�:SM:Iu 4 . That no parking be allowed along Hall Blvd . from Pacific. Highway to S .W. Knoll Drive . This will require a no parking .. ordinance via City Council action . 5. That no left turns occur from Garden Place into the westbound Pacific Highway traffic and that approach street improvement . to Garden Place from Pacific Highway be provided per State Highway Department requirements . STAFF REPORT AGENDA 5 . 3 . ' ' " TIGARD PLANNING COMMISSION October 3, 1978 7: 30 P.M. Fowler Junior High - Lecture Room 10865 S .W. Walnut St. - Tigard, Oregon Docket: Variance V 8-78 Request: Request for side and rear yard setbacks in a M-3 zone to construct a warehouse on 1. 09 acre parcel. Location: Southwest 72nd Avenue (Wash. Co. Tax Map 2S1 ,12D, Tax. Lot 2400) . Applicant: Van Domelen & Looijenga and Assoc. I . Findings of Fact: 1. The site is designated on the NPO #5 Plan as "Light Industrial" and is zoned M-3. 2 . Section 18. 48 .040 of the Tigard Municipal Code requires that the setbacks for rear and side yard be 20 feet. 3. The applicant is requesting zero setback requirements due to the narrow longated shape of the property limiting the development of the property to its best potential and to allow easier truck maneuvering on site. 4 . Section 18 . 76 .010 of the Tigard Municiapl Code authorizes the Planning Commission to grant variances from the requirements of Title 18 , where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship. 5 . Section 18. 76 . 020 of the Tigard Municipal Code states that: "No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist: (1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography or other circumstances over which the applicant has no control . r. (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. I it (3) The authorization of the variance shall not be i materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located or be otherwise detrimental to the objectives of any city development plan or policy . ill ,: • 1 STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION October 3, 1978 Page 2 (4) The variance requested is the minimum variance from 11 the provisions and standards of this title which will alleviate the hardship. " 6 . The site is surrounded by a non-conforming grocery store abutting the southern portion of the subject property; there are existing industrial type units to it' s southwest and southern area; and an existing non-conforming single family unit abutting the west property line of the subject property. To the north abutting the property is S.W. 72nd. II. Conclusionary Findings: 1. Staff feels that the applicant has not demonstrated other alternatives in building location, size, and truck maneuvering area to conform within the requirements of the code. 2. The applicant has not addressed the circumstances required in Section 18. 76 . 020 (stated above) of the Municipal Code. 3. The hardship or unnecessary condition that may exist are due to applicant's desire to amplify the maximum potential of the property. 4 . No previous or existing Comprehensive Plan zoning designation or transfer or property ownership has caused a non-conforming or hardship situation for the subject property. III. Staff Recommendation: Staff recommends denial for rationale stated in conclusionary findings. STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION October 3, .1978 - 7 : 30 P .M. Fowler Junior High Lecture Room 10865 S .W. Walnut St.- Tigard, Oregon Docket: Subdivision S 4-78 (Angelynn) }I Request: Requesting an amendment to Condition #1 of Subdivision (approved by the Planning Director on June 8, 1978) on 2 .28 acre parcel . Location: S.W. 95th, north of S.W. Commercial St. (Wash. Co. Tax Map 1S1 35CD, Tax Lot 2400) . Applicant: Mike Mahon & Leon Bruneau I . Findings of Fact: 1. The subdivision was approved on June 8, 1978 by the Planning Director upon compliance of eight conditions (see attached letter) . 2 . The applicant's subdivision is in compliance with Section 17. 16 . 100 of the Tigard Municipal Code to subdivide a 2. 28 parcel into 8 lots with a minimum lot size of 7500 square feet on the westside of S .W. 95th north of S .W. Commercial Street. 3. The site is designated Urban Low Density Residential (4 units per acre) on the NPO #2 Plan and zoned R-7. 4 . Applicable policies from the NPO #2 Plan are as follows: Policy 5 . Residential subdivisions will be developed with paved streets, curbs and gutters, street lights and walkways according to city or county standards. All utilities will be placed under ground. Policy 6 . Development will coincide with the provision of public streets, water and sewage facilities. These facilities shall be (a) capable of adequately serving development and (b) designed to meet City or county standards. 5. Section 17. 16. 100 states that: "No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: a. Streets and roads are laid out so as to conform to the plats of subdivision or maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it to be in the public interest to modify the street or road pattern. STAFF REPORT AGENDA 5. 4 TIGARD PLANNING COMMISSION qg October 3, 1978 7: 30 P.M. Page 2 b. Streets and roads held for private use are clearly indicated on the tentative plan, and all reservations or restrictions relating to such private roads and streets are set forth thereon. c. The tentative plan complies with the comprehensive plan and applicable zoning regulations of the city then in effect. d. No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adequate sewage disposal system to support the proposed use of the land described in the proposed plat. " 6 . The site is currently occupied by a single family residence which is located in the northeastern most portion of the parcel. This home has been excluded as part of the preliminary plat submission and a separate lot created. A mixture of large deciduous and conifer trees are scattered throughout the remaining portion of the site which is vacant and relatively flat and surrounded by single family development. 7. Water service is available from the Tigard Water District' s eight inch line in S.W. 95th Avenue. Sanitary sewer service is available via an eight inch line in S .W. 95th Street. 8. The applicant has indicated on the preliminary plat that finish floor elevations will be at an elevation that will allow roof drains for all lots to drain to the proposed street. 9. Southwest 95th. Street is designated on the NPO #2 Plan as a local street requiring 50 feet of right-of-way, there currently exists the necessary right-of-way. Southwest 95th is in substandard condition (e .g. no curbs, sidewalks, street lights, etc. ) . 10. No name has been provided for the proposed cul-de-sac street within the development. Section 17. 16 .070 of the Tigard Municipal Code requires that street names be included on the preliminary plat. II . Conc].usionary Findings: 1. The proposed preliminary plat of "Angelynn" conforms to ?' the NPO #2 Plan in that: a. The proposed use is low density residential and the lotting pattern conforms to the dimensional requirements of the R-7 zone . STAFF REPORT AGENDA 5. 4 ,�,. TIGARD PLANNING COMMISSION October 3, 1978 - 7: 30 P.M. Page 3 b. Adequate water and sewer facilities are available to serve the proposed subdivision. c. Each lot as proposed will abut a public street. 2 . The city staff has re-evaluated the subdivision with { reference to the applicant ' s request. III . Staff Recommendation: E. Staff recommends approval with the follosiing condition: 1. That a non-remonstrance agreement be signed by the applicant providing for the future improvements on 95th (LID - 95th Avenue) . This revised condition will replace the former condition #1 of June 8, 1978. • • { Ii • • • TIGARD • -C1TY OF TIGARD P.O. Box 23397 12420 S.W. Main, Tigard, Oregon 97223 June 8, 1978 �. { Mike Mahon & Leon Bruneau 11285 S.W. Walnut Tigard, OR 97223 RE: S 4-78 • 4 Dear Mr . Mahon & Mr. Bruneau: Please be advised that on June 8, 1978, your application to create a 8 lot subdivision on a 2.28 acre parcel in a R-7, "Single Family Residential" zone at S.W. 95th Avenue , north of S.W. Commercial Street (Wash. Co. Tax Map 181 35CD, Tax Lot 2400) was approved by the City of Tigard Planning Director . This approval is subject to the following conditions: 1 . That a half street improvement to local street standards be made along the S.W. 95th Avenue (from the northeast property line of Tax Lot 2400 to the southeast property line of Tax Lot 2401) . No building permits will be issued until construction drawings have been approved by the public works department and the necessary bond filed. 2. That a storm water plan be submitted for Public Works Department approval which meets the City 's interim storm water detention ordinance. 3. That fire hydrants be placed as per Tigard Water District and City of Tigard regulations. 4. That easements be provided according to public ' works department specifications for drainage and utility purposes. 5. That street trees in accordance with the Design Review Board approved list be placed along S.W. 95th Avenue and the unnamed cul-de-sac street . 6. A name be provided for the cul-de-sac street subject to public works department approval. 7. The existing residence (Griffin) located in the northeast corner of Tax Lot 2400 be included within the Final Plat boundaries. { 1 ANGELYNN (S 4 June 8, 1978 Page 2 8. Special design consideration be given to locating units in order to protect and retain the existing trees on the site. If you have any questions, please do not hesitate to contact the City Planning Department at 639-4171. Sincerely, rA John Laws Associate Planner JL: db • • Enc. cc: Lloyd & Matilda Griffin Martin Engineering Co. • • Note: The following acknowledgment must be received by the City of Tigard within fourteen ( 14) days of your receipt of this letter. Failure to return this acknow1edgme.- ' may result in action by the City of Tigard. Please retain carbon copy for your files and return the original to us . I hereby acknowledge this letter documenting the action of the Tigard Planning Director. I have received and read this letter, and I agree to the decision here documented and to abide by any , terms and/or cgnditions attached. /-e-/-/-97‘' • --?—'aJ C:. r�/ —'-t .1"��!~-✓'. ..rte i--,,�.!.! _r - _ 3 Signature - Date • 1{� 3 7.11 STAFF REPORT lit AGENDA 5. 5 TIGARD PLANNING COMMISSION October 3, 1978 - 7 : 30 P .M. Fowler Junior High - Lecture Room 10865 S .W. Walnut St. - Tigard, Oregon Docket: Conditional Use CU 24-78 (Shady Lane Office Complex) Request: For a conditional use permit to construct a professional office building on a 1.54 acre parcel in a A-2 "Multi- Family Residential" zone and C-3 "General Commercial" zone. Location: On Shady lane and approximately 160 feet east of Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 & 203) . Applicants: Theodore Bare and Kenneth Lewis I . Findings of Fact: 1. The northern portion of the site is designated "Retail • Commercial" on. the NPO #2 Plan and is presently zoned C-3 "General Commercial" . The southern portion of the site is designated "Retail Commercial" on the NPO #2 Plan and is presently zoned A-2 "Multifamily Residential" . 2 . The proposal to locate an office complex other than real 1i1`v estate type in a C-3 zone and A-2 zone requires a conditional use approved by the Planning Commission. 3. The total proposed parcel is surrounded by Shady Lane fronting the northern portion of the property and a gas station north of Shady Lane. There is commercial use to it 's northwestern and residential use to the west and southwest with "Retail Commercial" designation. The southern portion (approximately 1/3 of the property) is in the flood plain and Greenway area. To the northeast is an existing C-3 use and the continuation of the flood plain to the southeast. 4 . There exists an 8 inch sewer line and 8 inch Metzger water line to service the area. 5 . Shady Lane is a state road and with existing 60 feet right- of-way. The proposed development will utilize the existing driveway off of Shady Lane. 6 . The applicant proposes a two story office building of 6 ,200 square feet total on the northern property and a two story office building of 7,200 square feet total on the southern portion. II. Conclusionary Findings: 1. The request conforms with the existing zoning and Compre- hensive Plan conditional uses. • STAFF REPORT AGENDA 5 . 5 41°' TI.GARD PLANNING COMMISSION October 3, 1978 - 7: 30 P.M. Page 2 2 . The flood plain along Ash Creek is identified on the 162 foot contour line; where the proposed 7,200 square foot, two story office building will be located within the contour. 3. The Environmental Design and Open Space Plan describes the Greenway/Path System: "In addition to park land, this plan continues to support the Greenway concept as a means of providing open space and protecting the natural drainage system. " (p. 30) . 4 . The Flood Plain District (chapter 18 . 57 of the Tigard Municipal Code) permits off-street parking and maneuvering areas, access ways and service drives located on the ground surface. Excavation, grading and paving may occur to construct said facilities; however, no fill shall be allowed for of said facilities other than gravel for a construction o g paving base and only an amount of gravel commensurate with city construction standards for said facilities shall be allowed. :.. The proposed development indicates that there will be parking and lawn area within the flood plain. III. Staff Recommendation: 1. Staff recommends approval subject to the following condition: 1. That the identified Greenway area within the property boundaries be dedicated tO the City and maintained by the owner to the City ' s requirements. 2 . That the Greenway area be left in it' s natural state with the exception of the owner cleaning out the dead or dying vegetation. 3. That the applicant meets all requirements of the Flood Plain District (Ch. 18.57) prior to approval of building permit issuance. 4. That the applicant relocate the proposed southern office building away from the flood plain area of 162 foot contour and that all buildings be no less than three feet above the identified flood plain level. 5. Site drainage plans must be submitted and approved by the Engineering and Building Departments for their approval prior to issuance of any permits. a