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HomeMy WebLinkAboutPlanning Commission Packet - 11/13/1979 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. Ammil7 li AGENDA • TIGARD PLANNING COMMISSION November 13, 1979 - 7:30PM Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard, Oregon 1. Open Meeting: 2. Roll Call: 3. Approval of Minutes From Previous Meeting(s) : 4. Planning Commission Communication: 5. Public Hearings: A. Staff Report B. Applicant's Presentation C. Public Testimony 1. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commission Discussion & Action 5.1 ZONE ORDINANCE AMENDMENT ZOA 4-79 (City of Tigard) 5.2 SUBDIVISION S 21-77 (Gallo Vineyards) 5.3 CONDITIONAL USE 23-79 (Shady Lane Office Complex) 5.4 VARIANCE V 7-79 (Ed Gause) 5.5 ZONE CHANGE ZC 31-79 (McGehee Investments) 5.6 ZONE CHANGE ZC 32-79 (Mac Harvey) 5.7 CONDITIONAL USE CU 22-79 (The Robert Randall Company - Medical Offices) 5.8 City of Tigard request for a Special Use Permit 6. Old Business: 7. New Business: 8. Other Business: S 10-79 Patterson. Needs review of lots in floodplain for lawn. Reference Section 18.56.010 (B) of the Tigard Municipal Code. 9. Adjournment: MINUTES TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 S. W. Walnut St„ - Tigard, Oregon President Tepedino OPENED the meeting at 7:35 p.m. ROLL CALL: Present: Bonn, Funk, Helmer, Popp, Smith, Speaker, Tepedino Absent: Herron, Kolleas Staff: Selby The MINUTES of the October 2 meeting were considered. Speaker MOVED approval as submitted, which motion was seconded and carried. Staff called attention to COMMUNICATIONS from the Tigard Park Board in the form of minutes of their meetings of September 27 and October 24. A rather lengthy communication from Waker Associates, Inc. on behalf of Golf Creek Estates received by some Commissioners was deferred to the Old Business portion of this meeting. The President at 7:40 opened the PUBLIC HEARINGS portion of the meeting, reading the usual notice of authority for and procedure to be followed in the meeting. He introduced Al Popp, a former Planning Commission member and President, as the member appointed by the City Council to fill the vacancy created by the resignation of Commissioner Wood in mid-August. 5.1 ZONE ORDINANCE AMENDMENT ZOA 4-79 (City of Tigard) A request by the City of Tigard for a zone text amendment for Chapter 18.32 of the Tigard Municipal Code referring to a subject title change from "Neighborhood Commercial" (C-4) to "Residential-Commercial" (C-4). Selby read a memorandum to the Planning Commission detailing the history of the amendment and the necessity for a public hearing before it goes to the City Council for adoption. He recommended approval by the Commission. Staff had nothing further to add as the APPLICANT'S PRESENTATION, and there was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Tepedino received confirmation the amendment had received legal review. Selby explained the effect of the amendment would be to change the title of Chapter 18.32 from "Neighborhood Commercial" to "Residential-Commercial", and would list Professional and Commercial Office Building as a permitted use rather than a conditional use. Popp j4OVED approval of Zone Ordinance Amendment ZOA 4-79. Helmer seconded the motion, which passed unanimously. `�vw 1 MINU TRS TIGARD PLANNING COMMISSION t November 13, 1979 Page 2 5.2 SUBDIVISION $ 21-77 (Gallo Vineyards) NPO #7 A review for an extension of an approval by the City of Tigard Planning Department on June 23, 1978 for a preliminary plat approval to create a 14—lot subdivision on a 3.38 acre parcel at S. W. Tigard and 113th Avenue (Wash. Co. Tax Map 1S1 34DC, Tax Lot 2900). The STAFF REPORT and RECOMMENDATION Were read by Selby. Glen McBride of Herb Mori,ssette Builders, Inc. made the APPLICANT'S PRESENTATION. He explained the delay was caused by the desire of the seller of the property to have certain street improvements made, which in turn required revision of the engineering and other work which had been done on the project. PUBLIC TESTIMONY in opposition was presented by Russell Bergeron, 11840 S. W.S. W. 113th, an adjoining property owner. He explained a run—off water problem adversely affected his yard. He asked no building permits be issued until this drainage problem was corrected. k' COMMISSION DISCUSSION AND ACTION: Smith inquired if the drainage problem could be resolved at the Staff level in review of plans for the development. Selby asked that the following be added to the Recommendation No. 3 of the Staff Report of June 23, 1978: "and that th e drainage p lan correct the drainage problem of run—off onto Lot 17, ri r-ina e g Muttley's Addition." This took care of Smith's concern. Bonn questioned the six—inch sewer line in S. W. 113th Place. Messrs. McBride and Selby agreed the drainage problem and the size of the sewer line would be resolved when engineering plans are sub- mitted to the City for review. Speaker called attention to the fact the conditions did not include the now—standard "no changes" provision. Selby agreed to the addition of the current language of this provision as an additional condition. i After further discussion on how to assUre a remedy to the problem outlined by Mr. Bergeron, Tepedino MOVED approval of Sub- division S 21-77, based on Staff Findings and Recommendations, with the following conditions: add to Condition 3, page 4 of the June 23, 1978, Staff Report: "and that the storm water runoff plan correct the drainage problem of runoff onto Lot 17 of Muttley's Addition and other affected lots"; and add as conditions the current wording of the standard "no changes" condition. Hopp seconded the motion, which carried unanimously. MINUTES TIGARD PLANNING COMMISSION November 13, 1979 Page 3 5.3 CONDITIONAL USE 23-79 (Shady Lane Office Complex) NPO /#2 A request by Theodore Bare and Kenneth Lewis to renew a condi- tional use permit to construct a professional office building on a 1.54 acre parcel in an A-2 "Multi-Family Residential" zone and C-3 "General Commercial" zone at Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 and 203). Selby read the STAFF REPORT and RECOMMENDATIONS. The APPLICANT'S PRESENTATION was made by John D. Annand, architect for the project. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Bonn asked for and received • clarification on street access. Funk inquired about the effect of the present floodplain ordinance, responded to by Staff. Speaker MOVED approval of extension of Conditional Use CU 23-79 based on Staff Findings and Recommendations. (It was determined the extension would be for one year from this date.) Funk seconded the motion, which then passed unanimously. 5.4 VARIANCE V 7-79 (Ed Gause) NPO #3 A request by Mr. Ed Gause for a variance to the Heidi Park subdivision in reference to aligning the proposed street to connect to Garden Park Place in the 1.45 acre area located at 110th and Garden Park Place (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301). Selby read the STAFF REPORT and RECOMMENDATION. There was neither an APPLICANT'S PRESENTATION nor PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Smith raised the question why sidewalks should not be required here on both sides of the street. Speaker agreed. The discussion centered on what the standard is for developments, which is sidewalks on both sides. Smith reasoned that if a sidewalk was to be constructed on only one side, it should be as a result of the granting of a variance from the standard street design by reason of topography or other circumstance. Commissioner kopp offered observations based on the past history of the policy on sidewalks before the Commission, expressing his MINUTES TIGARD PLANNING COMMISSION November 13, 1979 Page 4 feeling that a sidewalk on one side is sufficient. Tepedino asked Selby for the feeling of the Staff on the subject. Selby offered the general opinion of Staff with respect to sidewalks and their location in the interior of subdivisions, for instance, as compared with collector streets. Smith reiterated we should require sidewalks in accordance with the present code unless a variance is granted to the contrary. He MOVED approval of Variance V 7-79 so far as align- ment of the street is concerned, but that sidewalks shall be required on both sides of the street. Bonn seconded the motion, which then carried unanimously. 5.5 ZONE CHANGE ZC 31-79 (McGehee Investments) NPO #5 A request by the McGehee Investments Company for a zone map amendment from City of Tigard R-7 to R-5 Single Family Residen- tial on a 3.34 acre site located at SW Hall Blvd. approximately one-fourth mile south of Bonita Road (Wash. Co. Tax Map 251 12B, Tax Lot 1901). Selby read the STAFF REPORT and RECOMMENDATIONS. t.. Bill Svendsen of McGehee Investments made the APPLICANT'S PRESENTATION. He expressed agreement with the Staff Recommendations, and offered to answer questions. Smith ascertained that there is presently a planned R-7 subdivision for this tract which has not been filed. With a zone change to R-5 a new plan could be submitted for approval by the Planning Director. • There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Popp observed this is in accord with the Comprehensive Plan, and MOVED approval, based on Staff Findings and Recommendation. Smith seconded the motion, which passed unanimously. At 8:35 the President declared a five-minute recess. 5.6 ZONE CHANGE SC .3 -79 (Mac Harvey) NPO #3 A request by Mr. Mac Harvey for a preliminary plan and program review on a 2.06 acre site from Washington County RU-4 to City of Tigard R-30 Single Family Residential located at 14275 SW 125th (Wash. Co. Tax Map 251 9A, Tax Lot 200). MINUTES TIGARD PLANNING COMMISSION November 13, 1979 Page 5 Selby read the STAFF REPORT and RECOMMENDATIONS. Mr. Mac Harvey made the APPLICANTS PRESENTATION, stating briefly the purpose of the request. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Smith inquired what procedure would be available to assure there would be no building in the sensitive lands. Selby explained the in-house procedures which would catch any such attempt to defeat the ordinance. Tepe.- dino inquired about the one.-step procedure in this PD request. It was pointed out this is the first use of the amended sensitive lands ordinance, which now permits a single hearing under certain conditions. Further discussion centered on (a) the PD allows less than a 30,000 square foot lot; (b) because of the slope of the back of the lot it would not be possible to have a 30,000 square foot lot in front and still have a suitable site for a residence outside the sensitive lands portion of the lot; (c) Staff reported the only expressed concerns of the nearby residents was that there be no more than two residences on the lot; (d) the 20-foot easement on S. we 125th, which would be adequate for the foreseeable density in the area; (9)the requirement of access to a public street and the deviation being permitted in this instance because of the low density. Speaker MOVED approval of Zone Change ZC 32-79 based on Staff Findings and Recommendations, seconded by Funk. The motion carried, with Smith voting no, and Helmer abstaining. 5.7 CONDITIONAL USE CU 22-79 (The Robert Randall Company - Medical Offices) NPO #3 A request by The Robert Randall Company for a conditional use permit to construct a professional office in a C-4 "Neighborhood Commercial" zone on a 2.09 acre site located at SW Pacific Highway and Gaarde Street (Wash. Co. Tax Map 2S1 10A, Tax Lots 1300 and 1400). Selby read the STAFF RE PORT and RECOMMENDATIONS. To the Recommendations he added Staff Recommendation 8 as follows: "That curbs be provided along the subject site frontage on the Pacific Highway Frontage Road to the approval of the State Highway Division and the Tigard City Works Director prior to issuance of building permits." He called attention to the designation as "Neighborhood Commercial", although the first public hearing item on the agenda did result in a designation as "Residential-Commercial" in the future. MINUTES TIGARD PLANNING COMMISSION November 13, 1979 Page 6 The APPLICANT'S PRESENTATION was made by Monte Struck of Robert Randall Co. He perceived a problem with the Gaarde Street dedication, which may be solved by designating the nine most northerly parking spaces for compact cars. Staff indicated this could be worked out in the site design review process. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Helmer objected to increasing the traffic through Canterbury Square to Bull Mountain Road. Staff acknowledged the traffic problem, but indicated the nature of the find- ings that would be necessary to require the applicant to contribute, for instance, to a signal on Bull Mountain Road. The general compat- ibility of the Canterbury Square merchants and the proposed medical center, and other physical aspects of the area were discussed at some length. Smith MOVED for approval of Conditional Use CU 22-79, based on Staff Findings and Recommendations, including Recommendation 8 concerning curbs, and adding a Recommendation 9 as follows: "That this approval is subject to the applicant receiving an access ease- meat from the owners of the Canterbury Square Shopping Center. If not so received, this hearing is null and void, and another hearing will be required." Bonn seconded the motion, which carried, with Helmer voting no. ^' 5.8 City of Tigard request for a Special Use Permit. NPO #1 A request by the City of Tigard for a Special Use Permit to fill on a 30 000 square foot parcel of land located in the floodplain o � , q p at S. W. Ash Street Right-of-Way (Wash. Co. Tax Map 2S1 2AC). Selby read the STAFF REPORT and RECOMMENDATION, and stated there would be a meeting of NPO #1 the following evening at which this would be discussed further. • PUBLIC TESTIMONY in favor of the proposal was offered by John Ellingson, representing the owners of the apartment complex on the east side of the end of Ash Street, citing improved delivery of emergency services to the area upon completion of this project. Phil Benson, another owner of property on Ash Street, favored the idea. He asked the source of funding, and was told it would be general governmental funding. There was no public testimony in opposition. COMMISSION DISCUSSION AND ACTION: Speaker commented that the ' b MINUTES aa. TIGARD PLANNING COMMISSION u` November 13, 1979 Page 7 City in a future hearing would have to provide much more information than is presented here in order to get favorable action from the Commission on a request for floodplain fill. Tepedino suggested the City might use the occasion to mitigate some of the effects of actions taken by others in the past which have had adverse effects on the floodplain. Selby explained this hearing was called to get public reaction to the concept, even though the specifics of the floodplain changes had not yet been worked out. He did not ask for approval at this time. Tepedino then MOVED, in line with the Staff Recommendation, that the Planning Commission accept receipt of information provided by the City Engineer and the City Planning Staff, and that its general agreement with the conceptual approach expresses neither approval nor denial of the proposed Special Permit to fill in the floodplain along the SW Ash Street extension right-of-way. Helmer seconded the motion. At this point the President recognized Stephen Fausti, 13255 SW Ash Avenue, who called attention to petition the circulated in 1971 which indicated, he said, that 89 per cent signers were opposed to the extension across Fenno Creek of Ash Avenue. After some further exchanges about citizen input into the process, the motion carried unanimously. OLD BUSINESS: + + + President Tepedino reminded Staff of previous discussion of USA activities in the floodplain, wherein they made extensive sewer installations in the floodplain without complying with procedures called for in the floodplain ordinance . + + + President Tepedino brought up the matter of a three- story apartment building in the floodplain in the Tigard Growth Area. This had been approved by Washington County without any consultation with the City of Tigard. He wished a letter to go from the Tigard Planning Commission to Washington County. Staff reported a letter had been sent, since when the situation with respect to communication between the City and County has improved. This satisfied the President. OTHER BUS INESS: + + + Selby explained circumstances surrounding Mr. Patterson's Sierra Subdivision. It was explained that compliance with Section 18.55.010 (B) required a finding on the part of the Planning Corn- ( mission that creating a standard Planned Development is unnecessary P 1. MINUTES ry TIGARD PLANNING COMMISSION November 13, 1979 Page 8 in this instance, since the proposed subdivision development does not encroach on any sensitive lands. On the basis of the Staff's explanation and previous hearings on this subdivision, Speaker MOVED approval of this finding. Popp seconded the motion, which passed unanimously. 4. . + Richard Waker of Waker Associates, Inc. discussed material mailed to each Planning Commissioner (but not yet received by all) concerning Golf Creek Estates, of which Michael Elton is the owner. Waker Associates take strong exception to the require- ments for this property imposed by the Planning Director, and ask the Planning Commission to approve the subdivision as submitted at the September meeting. In the discussion that followed, some of the concerns felt by the Commissioners were expressed, and above all that the matter should not be resolved without a full public hearing. Pdpp MOVED the matter come before the Commission as a public hearing item at the earliest possible date. The motion was seconded and carried unanimously. On motion the meeting ADJOURNED at 10:25 p.m. • mar pr PUBLIC NOTICE TIGARD PLANING CO1MMISSION November 13, 1979 YOWLER JUNIOR NIGH SCHOOL LECTURE ROOM 10865 SW Walnut Street - Tigard 5 PUBLIC HEARINGS 5.1 ZONE 'O:RDINANCE AMENDMENT ZOA 4-79 (City of Tigard) A request by the City of Tigard for a zone text amendment for Chapter 18.32 of the Tigard Municipal Code referring to a subject title change from "Neighborhood Commercial" (C-4) to "Residential--Commercial" (C-4) . 5.2 SUBDIVISION S 21-77 (Gallo Vineyards) NPO #7 A review for an extension of an approval by the City of Tigard Planning Department on June 23, 1978 for a preliminary plat approval to create a 14 lot subdivision on a 3.38 acre parcel at S.W. Tigard and 113th Avenue (Wash. Co. Tax Map 151 34DC, Tax Lot 2900) . 5.3 CONDITIONAL USE 23-79 (Shady Lane Office Complex) NPO #2 A request by Theodore Bare and Kenneth Lewis to renew a conditional use p6txmi.t to construct a professional office building on a 1.54 acre parcel }s in an A-2 "Multi-Family Residential" zone and C-3 "General Commercial zone at Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 and 203) . +. 5.4 VARIANCE V 7-79 (Ed Gause) NPO #3 A request by Mr. Ed Gause for a variance to the Heidi Park subdivi sicrt in reference_ to aligning _the_proposed street to connect to Garden Park Place in the 1.45 acre area located at 110th and Garden Park Place (Wash. Co. Tax Map 251 3DD, Tax Lot 1301) . 5.5 ZONE CHANGE ZC 31-79 (McGehee Investments) NPO 4;5 • A request by the McGehee Investments Company for a zone map amendment from City of Tigard R-7 to R-5 Single Family Residential on a 3.34 acre site located at SW Hall Blvd. approximately 4 mile south of Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 1901) . 5.6 ZONE CHANGE ZC 32-79 (Mac Harvey) NPO #3 A request by Mr. Mac Harvey for a preliminary plan and program review on a 2.06 acre site from Washington County RU-4 to City of Tigard R-30 Single Family Residential located at 14275 SW 125th (Wash. Co. Tax Map 281 9A, Tax Lot 200) . j'• } PUBLIC NOTICE (continued) TIGARD PLANNING COMMISSION November 13, 1979 5.7 CONDITIONAL USE CU 22-79 (The Robert Randall Company Medical Offices) NPO #3 A request by The Robert Randall Company for a conditional use permit to construct a professional office in a C-4"Neighborhood Commercial" zone on a 2.09 acre site located at SW Pacific Highway and Gaarde Street (Wash. Co. Tax Map 2S1 10A Tax'Lots 1300 and 1400) . 5.8 A request by the City of Tigard for a Special Use Permit to fill in the floodplain on a 30,000 square foot parcel of land located at SW Ash Street Right-Of-Way (Wash. Co. Tax Map 2S1 2AC) . NPO #1 'I TT Publish October 31 and November 2, 1979 • 10/29/79vmc • \ • "PLANNING COMMISSION SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON INDICATED ITEM(S) . 0 '/ AGENDA ITEM: •• 7 4 ,cam'' Gffi 4.4, REFERENCE: C . Z z-29 DATE: ////3 NAME ADDRESS AGENDA ITEM: s- a At/ REFERENCE: 114 /O- DATE: l �3 NAME ADDRESS S nia- eP- . ,( �i7Ld k ,/..� /� i yV�iv�nsv✓ ! AGENDA ITEM: h-P REFERENCE: DATE: NAME ADDRESS (-212e-e.L:k (6 49,`-end.4-6.6(a.--,--; c7 !' r: "PLANNING COMMISSION SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS {k'; DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON }i INDICATED ITEM(S) . AGENDA ITEM: ..-1/ REFERENCE: Z64 L./-7.9 DATE: ////,„/ NAME ADDRESS AGENDA ITEM: S. Z._:_ilSretz, REFERENCE: Z/-]7 DATE: /((/3 NAME ADDRESS ' to-SPe_L L , la S eI Ja ./ eve/ %, 0,42/ AGENDA ITEM: S. 3 51.4...c) 41Jlk . REFERENCE: r e' 7 g- '74 DATE: /0 ?j NAME (JO ADDRESS a$3 o fJ .w , 31 of 720 "PLANNING COMMISSION SIGN-U.JP SHEET" ' NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON INDICATED ITEM(S) . AGENDA ITEM: 5 c y j. ,t 0G,t,IC,-(,,LJREFERENCE: U 7—7 9 DATE: /V/3 NAME ADDRESS • • 1 I / AGENDA ITEM: 5--- s" (.er 11'14,,,.P.1.A.•e REFERENCE: Ze 3/-79 DATE: /0 3 C _EP NAM ADDRESS `� 131J� ...'•• U�V �-��w1• �ilt `IAQeKIvA ��'_" 7r"" Ce �,1 1 AGENDA ITEM: s": G j/af et.._ A REFERENCE: Z. G 32-7 9 DATE: /i// 3 NAME ADDRESS STAFF REPORT AGENDA 5.2 z TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard DOCKET: SUBDIVISION S 21-77, GALLO VINEYARDS APPLICANT: Herbert E. Morisette OWNER: Same 7470 S.V. 76th Avenue Portland, Oregon APPLICATION DATE: September 21, 1979 SITE LOCATION: S.W. Tigard Street and 113th Avenue (Wash. Co. Tax Map 1S1 34DC, Tax Lot 2900) . REQUEST: For a Public Hearing Review to extend the preliminary plat approval of a 14 lot subdivision on a 3.38 acre parcel in a R-7 "Single-Family Residential" Zone after the expiration of the twelve month period per Section 17.20.010 of the Tigard Municipal Code. PREVIOUS ACTION: On June 23, 1978, the Planning Director approved the Gallo Vineyards Sub- division Preliminary Plat with conditions. (See attached Staff Report dated June 23, 1978) . Since June 1978, no significant construction has taken place on the subject site within the twelve month period. I. FINDINGS OF FACT: 1. The applicant-owner is requesting an extension of the preliminary plat per Section 17.20.010 ol the Tigard Municipal Code.: 2. Staff inspection of the subject site and surrounding area indicates that no vital changes have transpired which might be adversely affected by the extension of the preliminary plat. II. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the preliminary plat for a period of one year with the same conditions as required on the June 1978 approval. ' Prepared by Ken e y, Approved by A' • "'ward . Asso ate City Planner P1,0 Director vmc STAFF REPORT AGENDA 5.3 ikTIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard DOCKET: Conditional Use CU 23-79, Shady Lane Office Complex, Reference: CU 24-78 APPLICANT: B & B Development OWNER: Same 9221 SW Barbur Blvd. , #304 Portland, Oregon 97219 APPLICATION DATE: October 4, 1979 SITE LOCATION: On Shady Lane Approximately 160 feet east of Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 and 203) . REQUEST: To extend the approval for a Conditional Use to construct a professional office building on a 1.54 acre parcel in an A-2 "Multi-Family Residential" and C-3 "General Commercial" Zone in accordance with Section 18.72.030 of the Tigard Municipal Code. PREVIOUS ACTION: On October 3, 1978, the Planning Commission approved a Conditional Use Permit to construct a professional office building on the subject site with conditions. (See Staff Report dated October 3, 1978 and Final Action Letter dated October 16, 1978) . I. FINDINGS OF FACT: 1. Since October 3, 1978, the Conditional Use has not been exercised or constructed as required in Section 18.72.030 of the Tigard Municipal Code. 2. Inspection of the site indicates that no significant changes in the area or on the site have taken place which might be adversely affected if this Conditional Use was extended. 3. The owner of the property has changed since last year. However, the present owner intends to construct.oh the site to the plans approved previously. (See attached site plans.) II. STAFF RECOMMENDATION: Staff recommends extension ,of the Conditional Use with the previous conditions plus the following: { 1. That street lights be installed to the approval of the Public Works Director. 5TAPF REPORT AGENDA 5.3 Page 2 2. 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 appropriate department. 3. No changes will be made to approved plans or specifications unless formal , application is made to the appropriate City department and changes are approved by that department. Applicaton for changes will be made in writing and shall include applicable drawings. 4. Construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 5. Public water service and sanitary service shall be installed to this site prior to the issuance of a building permit. Prepared by ri Selby Approved by e :'4 Toward �City Planner jsociate • ng Director k w I vmc • STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 SW Walnut Street, Tigard DOCKET: VARIANCE V 7-79 (HEIDI PARK SUBDIVISION) APPLICANT: Mr. Edward Gause OWNER: Same 14635 SW 133rd Tigard, Oregon APPLICATION DATE: October 4, 1979 LOCATION: 110th and Garden Park Place (Wash. Co. Tax Map 251 3DD, Tax Lot 1301) . REQUEST: For a variance from the standard local street dimensions to align with the existing Garden Park Place Street through the Heidi Park Subdivision in a R-7 "Single-Family Residential" Zone on a 1.45 acre parcel PREVIOUS ACTION: On March 6, 1979, the Planning Commission approved a request by Mr. Gause for a Conditional Use to construct a duplex unit on the southeast portion of this site with conditions. (See exhibit "A".) On April 23, 1979, the City Council approved a Zone Change for the subject site from City R-10 to R-7 "Single-Family Residential" Zone. (See exhibit "B" .) On April 16, 1979, the Planning Director approved a Subdivision Preliminary Plat on the subject site to create 5 lots with conditions. (See exhibit I. FINDINGS OF FACT: 1. The Zone Change, Conditional Use and Subdivision approvals have taken care of the application procedures and conditioning of the subject site to blend in with the surrounding land uses. Now, the issue is the construction of the site. 2. The applicant has been required to continue Garden Park Place from the subject site westward to connect with S.W. 110th. To accomplish this, a variance to the local street standard is required since Garden Park Place, which was installed by Stoneridge, also varies from the standard as approved by the Planning Commission. Therefore, this variance request is simply a means to allow the necessary process of street aligning to take place. (See exhibit "D" for cross section of proposed street.) STAFF REPORT AGENDA 5.4 Page 2 3. The variance is requested of the developer by the City Staff. The rll change will not adversely affect any surrounding properties. II. STAFF RECOMMENDATION: e;I Staff recommends approval of the variance as shown on exhibit "D" . Prepared by Ken by Approved by Ald' e '.ward Assovt:te City Planner ;� t•7 Director • • y,. 1=; (4.` • vmc i,,. STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 SW Walnut Street - Tigard, OR DOCKET: Zone Change 31-79 (La Moncha Estates Subdivision, RE: S 13-78 & MLR 2-79) APPLICANT: McGehee Investments OWNER: Mr. & Mrs. Schmidt 7935 SW Willowmere 8325 SW Ross Street Portland, OR 97225 Tigard, OR 97223 • APPLICATION DATE: September 24, 1979 SITE LOCATION: On SW Hall Boulevard o mile south of Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 1901). REQUEST: For a zone map amendment from City of Tigard R-7 to R-5 "Single Family Residential" zone on a 3.34 acre parcel. PREVIOUS ACTION: On March 6, 1979, the Planning Director approved a Minor Land Partition and a Subdivision Plat on the subject property (see Exhibits "A" and "B"). I. FINDINGS OF FACT: 1. The site is presently zoned R-7 and is designated R-5 "Single-Family Residential" on the Comprehensive Plan. 2. The applicant proposed tore-zone the site in conformance with the Comprehensive Plan and Section 18.20.030 of the Tigard Municipal Code. 3. Applicable policies of the Comprehensive Plan are as follows: . Policies 2 and 3, page4 "Site And Public Improvements" . Policy 7, page 7 "Preservation of the Character Of The Surrounding Neighborhood And Natural Features." 4. The site is vacant, relatively flat, gently sloping, moving west to southwest. The surrounding uses consist of: Agricultural open space to the south, single-family residence to the northeast and west across Hall Boulevard. 5. The site will be served from SW Hall Boulevard. Hall Boulevard is a State Highway Arterial. It is designated on the NPO #5 Plan as a major collector street. Hall Boulevard is presently in substandard condition with adequate right-of-way. 6. Sewer and water are accessible to the site off Hall Boulevard. i F STAFF REPORT AGENDA 5.5 it TIGARD PLANNING COMMISSION November 13, 1979 1+ Page 2 q I II. CONCLUSIONARY FINDINGS: • i 1. The comprehensive Plan identifies this site as 5,000 square foot single- family residential lots. , I 2. SW Hall Boulevard should be improved to collector street standard. • 3. Sewer is available to the site from the north off the Humbach Park j Subdivision line. 1 III. STAFF RECOMMENDATION • Staff recommends approval subject to the following conditions: 1. That the Conditions of the Minor Land Partition and the Subdivision be fulfilled. 1 2. That the applicant submit a revised preliminary plat of the La Moncha ■ Estates for approval prior to issuance of building permits. 3. No occupancy p ermits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and in- i spections verifying this have been carried out by the appropriate department. 4. No changes will be made to approved plans or specifications unless formal t application is made to the appropriate City department and changes are I approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 6. Public water service and sanitary service shall. be installed to this site prior to the issuance of a Building Permit. 7. That the developer construct half-street improvements on SW Hall Boulevard • to collector street standard to the approval of the State Highway Department and City Public Works. Director prior to issuance of building permits. Prepared by Ken •_ • Approved by A1d' A•w- - Asso•'i; e City Planner Pl Director 1 t • PP STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler junior High - Lecture Room 10865 SW Walnut Street - Tigard, Oregon DOCKET: ZONE CHANGE ZC 32-79 (Mac Harvey) APPLICANT: Mr. Mac Harvey OWNER: Mr. Robert Harvey 14275 SW 125th 14275 SW 125th Tigard, Oregon Tigard, Oregon APPLICATION DATE: September 25, 1979 SITE LOCATION: 14275 SW 125th. (Wash. Co. Tax Map 2S1 9A, Tax Lot 200.) REQUEST: For a preliminary plan and program review on a 2.06 acre site. I. FINDINGS OF FACT: 1. The site is presently zoned County RU-4 and is designated R-30 "Single- family Residential". (Thirteen thousand (13,000) square feet per lot.) 2. The applicant is requesting a zone change of R-30PD in conformance with the NPO #3 Plan and Section 18.56.015 of the Tigard Municipal Code. (See Exhibit "A" .) 3. The subject site has an existing house locatel on the southeast. The site slopes from southeast to northwest in excess of 25%. Therefore, the Steep condition is subject to a Sensitive Lands Classification as defined in Section 18.57.020 (12) of the Tigard Municipal Code. 4. The surrounding land uses consist c+• the Ames Orchard and Ames Orc.nard II Subdivision to the east, to the north and south are individual single-family residence on large lots, to the west is open space and vacant parcels. 5. Access to the subject site is provided of SW 125th, which has a twenty foot right-of-way with paving only. The access is private and therefore, traffic use is limited• to those property owners which have signed an access easement's agreement. The owner is one of the signers. 6. Sewer and water are available to the site through easements off the Ames Orchard Subdivision and SW 125th. 7. The site plan indicates that the 2.06 acres will be divided into two residential lots. The front lot will be approximately 160° by 125' (20,000 square feet) . The rear lot will be 360' x 140° (70,000 square feet) of which 50,260 square feet is in the sensitive land category of steeping slope topography and therefore is unbuildable. I STAFF REPORT AGENDA 5.6 November 13, 1979 Page 2 8. The Planned Development Designation provides deviation of lot sizes, set-hack requirements, etc. to allow development of a site which contain sensitive land conditions. The deviation in this case is the buildable lot size for the two lots. (Refer to site plan). II. CONCLUSIONARY FINDINGS: 1. The Zone Change request is in conformance with the Comprehensive Plan Land Use Designation and the Sensitive Lands Ordinance Section 18.57.030 (4) of the Tigard Municipal Code. 2. The applicant's request to have the plan development process in one hearing is possible if the Planning Commission finds that the improvements on the site will not directly affect the steep slopes per Section 18.56.015 of the Tigard Municipal Code. Staff feels that the sensitive lands area will not be affected and therefore, the one hearing process is in order. 3. Sewer and water are available to the site for an additional residential unit. t' III. STAFF RECOMMENDATION: r Staff recommends approval of the Zone Change to R-30PD subject to the following conditions: 1. That the applicant receive a minor land partition prior to issuance of building permits. 2. 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 appropriate department. 3. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes 'I are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 4. Construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 5. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. prepared by Ken y Approved by Al.i 4 Assoc to City Planner r ning Director ilt t`s s; r VmG `,X 1 STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard, Oregon DOCKET: CONDITIONAL USE CU 22-79 APPLICANT: Mr. Monte Struck OWNER: John C. Lewis • 9500 SW Barbur Blvd. Bullier & Bullier Portland, Oregon 97219 707 Washington Street Portland, Oregon 97205 APPLICATION DATE: September 27, 1979 LOCATION: On SW Pacific Highway frontage road, adjacent south of S.W. Gaarde Street. (Wash. Co. Tax Map 2S1 10A, Tax Lots 1300 and 1400.) REQUEST: For a conditional use permit to construct a professional office building in a C-4 "Neighborhood Commercial" Zone on a 2.09 acre site. I. FINDINGS OF FACT: 1. The subject site is zoned C-4 "Neighborhood Commercial" and is designated the same on the NPO #3 Plan. 2. The applicant proposes to construct a three story, 32,400 square foot medical office with parking on a 2.09 acre site. 3. Applicable policies and ordinances for the land use and zoning are : 'Policy #18 and #19, Page 22 "Traffic Circulation". 'Policy #20 and #21, Page 23 "Site and Public Service Improvements". 'Section 18.32.020 (1) of the Tigard Municipal Code allows conditional uses as permitted in the A-2 "Multi-Family" Zone. The A-2 Zone allows medical offices as a conditional use. 4. The subject site is presently vacant with overgrowth of grass and bushes. The site slopes from the northwest to southeast. The site elevation is approximately eight feet below the frontage road on the east side. The surrounding land uses are; the Elmer's Pancake House to the north, apartments to the west, the Canterbury Square Shopping Center to the south, and Pacific Highway frontage road to the east. 5. Access to the site will be off SW Gaarde Street and on the south end through the Canterbury Square Shopping Center to Pacific Highway frontage road. ' SW Gaarde Street is a city street and is designated as a collector street on the NPO #3 Plan. It presently has 45 feet of right-of-way with approximately 34- feet of paving and no curbs or sidewalk on the southside. • STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION Page 2 Pacific Highway frontage road is a State Highway Street with one-way movement only and 30 feet of right-of-way. 6. Sewer is available to the site from the southern property of the Canterbury Square Center. An easement will be required. 7. Water service is presently available to the site. II. CONCLUSIONARY FINDINGS: 1. The subject site zoning and land use designation are consistent with the comprehensive plan. 2. The medical offices are permittable operation in the C-4 zone as a conditional use. 3. The southern access to the site from the Canterbury Square Center will require a mutual easement for sewer and traffic access. 4. SW Gaarde Street requires 10 feet additional right-of-way with improvements to collector street standard. III. STAFF RECOMMENDATION: 1. That the applicant dedicate 10 feet of dedication along SW Gaarde Street with half-street improvements to collector street standards to include street lights as required by the Public Works Director prior to issuance of building permits. 2. That a mutual agreement be provided in writing by the owner(s) of the subject property and the Canterbury Square Center to permit an easement for traffic access and sewer. 3. 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 appropriate department. 4. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. r 6. Public water service and sanitary service shall be installed to this site prior to the issuance of a building permit. STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION Page 3 7. That the applicant receive site design approval prior to issuance of building permits to include a landscaping plan with bond. Prepared by Ken by Approved by Aldie • . . d Assoc to City Planner Plane o Director • • } 1 N vmC STAFF REPORT AGENDA 5.8 TIGARD PLANNING COMMISSION November 13, 1979 -- 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street- Tigard, Oregon DOCKET: MISCELLANEOUS M 10-79 APPLICANT: CITY OF TIGARD OWNER: SAME 12420 SW Main Street Tigard, Oregon 97223 APPLICATION DATE: October 4, 1979 SITE LOCATION': SW Ash Street Right-Of-Way. (Wash. Co. Tax Map 2S1 2AC) . REQUEST: For a Special Use Permit to fill in the floodplain along the SW Ash Street Extension Right-Of-Way. I. FINDINGS OF FACT: 1. The NPO #1 Plan designates SW Ash Avenue as a local street and indicates that it will extend across Fanno Creek to connect with SW Burnham. (See NPO #1 Plan Pages 35 to 39. ) 2. Mr. Buttke's Traffic Circulation Study (published in 1973) for the NPO # 1 Plan area indicates that alternative #2 (page 15 to 17) will be necessary to carry the traffic volume created by the land use develop- ment. 3. Extension of Ash Street is necessary for public safety. Response time for the police and fire will be decreased due to direct connection from Burnham to Ash. 4. The connection of Ash Street will provide a direct access to the Fanno Creek area (floodplain) which is the future site for a City Park. The City presently has jurisdiction of 6 acres and another 8 will be dedicated soon. 5. The plan to extend Ash Street at this time is conceptual. Fulfillment of the improvement is depended upon funding. Detailedengineering' plans will be forthcoming. II. CONCLUSIONARY FINDINGS: 1. There will be another public hearing after further engineering has been completed which will determine the floodplain impact and alternatives in extending SW Ash. STAFF REPORT AGENDA 5.8 November 13, 1979 Page 2 V 2. The documents identifying improvements for the Ash Avenue, Downtown area will be re-evaluated at public held meetings to update and revise, if necessary, the plan to initiate an implementation plan for the general re-development of Downtown Tigard. III. STAFF RECOMMENDATION: Staff recommends that the Planning Commission receive the attached information and Staff's verbal presentation as a general review of the As Street Extension. Final decision will not be requested until further study ha been completed. Prepared by Ken S Approved by Al. ll oward Associ e City Planner Pla 1 Director pspi Sj 1, ic14 t(t' vmc r}$�;