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Planning Commission Packet - 10/05/1982 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGENDA TIGARD PLANNING COMMISSION OCTOBER 5, 1982 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 10865 S.W. Walnut Street, Tigard, Oregon 1. OPEN MEETING 2. ROLL CALL 3. Approval of Minutes from previous meeting 4 . Planning Commission Communication 5 . PUBLIC HEARING 5.1 S.W. Church of Christ CU 20-80 NPO # 6 5.2 The Meadows/Bruce Kamhoot & Assoc. M 1-82 NPO # 7 6 . Old Business 7 . Other Business a. City Administrator - Summary of the 5 yr. Financial Plan and cutback options 8. Adjournment T I G A R D P L A N N I N G C O M M I S S I O N Regular Meeting October 5, 1982 1. Vice-President Speaker called the meeting to order at 7:40 p.m. The meeting was held at Fowler Junior High School - Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon. 2. ROLL CALL: Present: Vice-President Clifford Speaker, Commissioners Don Moen, Mark Christen, Phil Edin, Bonnie Owens, Roy Bonn. Excused absence: Frank Tepedino, Deane Leverett and Richard Helmer, STAFF: William Monahan, Director of Planning & Development; Elizabeth Newton, Associate Planner; Ken Elliott, City Attorney; Diane Jelderks, Clerk Typist; Bob Jean, City Administrator. 3. There were no minutes available for approval. 4. COMMISSION COMMUNICATION • Vice-President Speaker reported he had attended the Hearings Officer meeting of September 23, 1982 regarding the filling being done on 74th and Durham Road. He stated the applicant intended to build on the site and that he had voiced the Planning Commission's feelings to the Hearings Officer. He questioned staff regarding the final decision. Associate Planner Newton stated the Hearings Officer had requested additional time and would be making her decision on October 6, 1982. • City Administrator, Bob Jean informed the Planning Commission he had been doing extensive evaluation of Measure #3, the ]. 1/2% property tax limitation, on what it would mean to Tigard. He stated the impact was not known as the measure was not clear and would need to go to the Legislature. Under the worse scenario there could be a million dollar short-fall, which would cut staff from 76 to 56 full-time employees. He explained how the cuts may happen among the different departments and the effects on other public services such as School, County and Fire Department. Questions and discussion followed between Commissioners and Mr. Jean. 5. PUBLIC HEARINGS • Vice-President Speaker opened the Public Hearing by reading the usual statement of authority for the procedure to be followed in the meeting. 5.1 CONDITIONAL USE CU 20-80 TIME EXTENSION NPO #6 A request by S.W. Church of Christ for a two-year time extension for starting half-street improvements as required under CU 20-80. Located at 15805 S.W. 98th (Wash. Co. Tax Map 2S1 I1CD lot 701). a. PUBLIC HEARING OPENED • Associate Planner Newton made the staff's recommendation for denial of the two-year extension. It was recommended instead for a six-month time extension with public improvement plans for S.W. 98th being approved, bonded and contracted for construction within sixty days. • NPO Report - No one was present from NPO #6 to speak. • APPLICANT'S PRESENTATION - Allan Vance, representative of S.W. Church of Christ, 9725 S.W. Durham Rd. explained they had purchased the house two years ago to use for bible study classes. The conditional use required half-street improvements on the opposite side of the street from the house, which he did not feel was appropriate. However, they are willing to comply, but feel they need a two-year time extension due to the downturn in the economy and the hardship it would impose on the Church to complete the work at this time. o Commissioner Owens questioned why improvements were being requested for the street opposite from the house. Commissioner Moen commented he had been on the Commission when this was first heard and stated this was done because the property opposite the house was owned by the Church and needed the half-street improvements as the street in front of the house was already improved. a Commissioner Moen questioned if the house was currently being used for classes; applicant stated is was not. • Discussion followed among Commissioners and applicant regarding cost of construction, difficulty in obtaining loan for improvements, difficulty in paying for improvements and changing extension time to one year. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION • Discussion followed between staff and Commissioners regarding the time that had already passed since approval of the Conditional Use. Commissioners favored a one-year extension. s Discussion followed between Commissioners, applicant and staff regarding time extensions of 8, 10, and 12 months. • Commissioner Bonn moved and Commissioner Moen seconded to approve a 12-month time extension for the Conditional Use; all conditions shall be met within 12 months. In addition, the public improvement plans for S.W. 98th shall be approved, bonded and contracted for construction prior to the expiration date. o Discussion followed regarding the construction being completed for the public improvements. PAGE 2 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982 • Commissioner Bonn amended motion and Commissioner Moen seconded amendment for construction to be completed within 60 days of the expiration date. The motion was approved by a unanimous vote of Commissioners present. 5.2 SENSITIVE LANDS PERMIT M 1-82 The Meadows NPO #7 A remand by the Tigard City Council to the Planning Commission for a new public hearing to allow NPO and public input on Sensitive Lands Permit M 1-82. Property is located northeast of S. W. Way (Wash. Co. Tax Map 1S1 34AD lot 2600). Black Diamond a. PUBLIC HEARING OPENED • Associate Planner Newton made staff's recommendation that the Commi ssion's decision for the August 3, 1982 approval with conditions from meeting be upheld, with clarification of condition Number 9. • Commissioner Owens questioned if NPO #7 was active at the time of the last Planning Commission Meeting. Associate Planner Newton explained that NPO #7 had been meeting and did have an acting Chairperson. The members were in the process of being appointed and a representative was present at the meeting; however, Chairman Tepedino did not call for the NPO report, so they did not speak. • APPLICANT'S PRESENTATION - Edward M. Writer, Bruce Kamhoot & Assoc. , stated this was the first time he has had to reappear at a hearing where he already had approval of a project. He felt people were opposing their project because of the type of housing they were proposing. • NPO REPORT - Barbara Priest, Vice-Chairperson, presented two letters from Washington County. The letter dated 1980 referenced that P & H Machinery had infilled downstream from this project. Washington County had taken them to court and they were ordered to remove the infill. They did not and again did infilling in 1981. She had called Washington County; they stated this property had been annexed into Tigard and was now Tigard's problem. Because of this infilling NPO #7 felt enhanced flooding would result. She was concerned that FEMA Flood Insurance could be invalidated because of this. NPO #7 requested that no decision should be made on Sensitive Lands Permit M 1-82 until the infilling was removed. She also added that the NPO did not approve of the higher density in this area. NPO #7 was concerned with what the development would do to the flow rate and stated that last year the North Dakota Bridge was impassable because of flooding. Also, flooding last year was only 1 1/2 feet below the 100-year floodplain. PAGE 3 - PLANNING COMMISSION MINUTES OCTOBER 5, 1982 PUBLIC TESTIMONY • Marian Maddox, 10800 S.W. 108th Court, stated she was not opposed to the type of housing being proposed. She presented pictures showing flooding which had occurred in the area last year near her home. Vice-President Speaker questioned if she knew what level her house was built on; she did not know. She stated also the water was ankle to knee deep on the bike path which was behind her house. She added that Koll Business Center, which was built upstream from the proposed development had to fill quite a bit to be able to build. • Britt Weatherhead, 11005 S.W. 196th, wanted to know what was planned for the bridge on North Dakota, stating North Dakota had been recently repaved but nothing had been done to the bridge. There were not even any load limit signs. He did not object to the housing, but was concerned with being flooded. CROSS EXAMINATION AND REBUTTAL • Mr. Writer stated Mrs. Maddox's home was up around the bend and her property was at a lower elevation. He stated his engineer showed there would be no increase in the flood elevation or flow. • Mr. Weatherhead asked if someone could explain in layman's terms what the applicant was asking for. Associate Planner Newton explained that the applicant was requesting permission to cut in one area and fill in another area of the floodplain. This cut and fill would amount to 75 yards. • Mr. Weatherhead was concerned that the Engineer had stated there was a lack of data regarding run-off. • Vice-President Speaker stated the Commission has to rely on the best Engineering data presented. He agreed that development upstream was being done that would effect downstream property, however, until new Engineering evaluations are done the Planning Commission can only go along with the Corp of Engineers and CH2M Hills study that the development will not effect velocity of the water. He then read the conclusion from Jim F. Nims' (a registered engineer) report. • Commissioner Owens read President Tepedino's concerns from previous minutes and questioned if they had been satisfied. Associate Planner Newton replied that Frank Currie, Public Works Director was satisfied. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION • Commissioner Bonn stated information provided by applicant did contain Engineering data that pertained to the runoff, flow and the question regarding change that would be affected by this small amount of cut and fill. PAGE 4 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982 • Commissioner Edin asked Barbara Priest what the NPO's major objection was. She stated they felt the density was too high for that area. Also, the problem with infilling downstream could increase flooding upstream.. Commissioner Edin stated that the issue here was if the cut and fill would contribute to additional flooding. Commissioner Moen stated the Commission took seriously the comments and concerns of the NPO, however the cut and fill had been kept down to a minimal amount. He requested that staff expediously check into the infill problem downstream. • Commissioner Owens felt we needed housing of this type. She had been involved in the NPO and was not in favor of high density along North Dakota. She continued that this may be the best place for this type of development. • Vice-President Speaker commented that there was a minimum encroachment for a larger gain. Seventy-five yards of cut and fill will gain building lots; he felt this was a plus. • Commissioner Moen moved for approval of Sensitive Lands Permit M 1-82 including staff recommendation and conditions one through eight with modification to condition Number 9. Condition Number 9 should read: "The fill indicated as necessary for lots 13 and 14 on the present plat map to be used in the corresponding raising of the street surfaces at the turn-arounds." Commissioner. Christen seconded the motion. Motion was approved by a unanimous vote of Commissioners present. 6. OTHER BUSINESS • Bill Monahan, Director of Planning & Development, informed the Commission that they would be hearing a Major Land Partition application for Bonita Firs and a Zone Change and Comprehensive Plan Change for Tigard East (JB Bishop) at the October 19, 1982 meeting. Also the Hearings Officer would be hearing a Sensitive Lands Permit for steep slopes for Tigard East. November 9th and 23rd the Commission will be hearing the Comprehensive Plan elements and in December would hope to have the plan adopted. Discussion followed as to how these elements would be presented. 7. Meeting adjourned 9:45 P.M. 0$111 ATTEST: Diane Je derPlanning Secretary Cliffo Speaker Planning Commission Vice-President PAGE 5 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982 PLANNING COMMISSION ROLL CALL MEETING Date •/(J / - Frank Tepedino.„./LiOdp124t Clifford Speaker Y Don Moen V"' / .'a 4e v ..,.. . • • - :, ,, Mark ,Christen 17 iiscjiewitiogan Richard Helmer / / Bonnie Owens Roy Bonn TIGARD PLANNING COMMISSION OCTOBER 5, 1982 7 :30 P.M. FOWLER JUNIOR HIGH LECTURE ROOM 10865 S.W. WALNUT, TIGARD, OREGON PUBLIC HEARINGS: 5.1 CONDITIONAL USE CU 20-80 S.W. CHURCH OF CHRIST NPO # 6 A request by B.W. Church of Christ for a two year time extension for starting half-street improvements as required under CU 20-82. Located at 15805 S.W. 98th (Wash. Co. Tax Map 2S1 11CD, lot 701) . 5.2 SENSITIVE LANDS PERMIT M 1-82 THE MEADOWS NPO # 7 A remand by the Tigard City Council to the Planning Commission for a new public hearing to allow NPO and public input on Sensitive Lands Permit M 1-82. Property is located northeast of S.W. Black Diamond Way (Wash. Co. Tax Map 1S1 34AD lot 2600) . DATE ��Y°1-.r ' S/ /9 0 Q TIGARD PLANNING COMMISSION SIGN UP SHEET NOTICE : ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME and note their address on this sheet. (please Pri6/1/1412*nt your name) ) t1 ITEM/bE SC RI PT ION: / C.` ij /U #b g_epteilt, 52-ial C e 1 -' °� _ O PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation NOTICE : ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME and note their address. on this thissheet. (Please Print your name) ITEM bESCRIPTION: J/ ( m .E ._. ,b# 7 Q .atie_ ,n /-8 4 4 PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation ' /4'' L' /3 . j „ .„r.... ._^ _,. w res .. •- w�! „ .444e 1 I ,- _ _ _F ,a. j C ‘ A .4 ■ !t 4b, •# — 4 + { September 22, 1982 TO: Planning Commission FROM: Planning & Development Staff RE: S.W. Church of Christ`` ,, City Council at their September 13, 1982 referred this extension request back to the Planning Commission for a new hearing on the conditional use. A conditional use was granted on November 25, 1980 with the condition that half street improvements be provided by the Church. The applicant agreed to this condition by signing the acknowledgment of conditions. STAFF RECOMMENDATION: Staff recommends denial of the two year extension. However, Staff recommends approval of a six month time extension for the approved conditional use. All conditions shall be met within the six months. In addition, the public improvement plans for S.W. 98th shall be approved, bonded and contracted for construction within sixty days. vs MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 8 APPLICANT'S PRESENTATION was made by Robert Cruz of o d Evans & soc. , Inc. , Portland, who briefly stated agreeme• th the staff rep. and requested approval by the commission. There was ° BLIC TESTIMONY. Howard clarified apparent'discre. y between half street improvements called for b a dition 1_ • . d the assumption of a nonre-. monstrance agreement in Con 2 . 'e outlined developments occuring on Bonita and expressed convictj.. -ere would be an LID for this improvement in the foreseeable . .tu COMMISSION DISCUSS •' AND ACTIN; A . .ugh Funk expressed surprise that the commission h. .reviously_approved s• =n duplexes for the site, none had problems the request. Speaker incl. ed about the possi- bility, in view • the tentative layouts of the bu , ngs, of ever making them c. ..n wall single family dwellings. Cru. ..ated there was no intentio• ey be other than duplexes, and agreed the •uilding siting would no :nd them to this sort of partitioning or divis •eaker MOVED approval of Conditional Use CU 19-80 based o taff f' , . 'ngs and recommendations. The motion was seconded by Helmer . •ssed unanimously. 5.8 CONDITIONAL USE, CU 20-80 (Southwest Church) NPO #6 A request by the Southwest Church of Christ for a Conditional Use in an R-7 "Single Family Residential" zone to :,Ge an existing house for Bible School Classes located at 15805 SW 98th (Wash. Co. Tax Map 221 11CD, Tax Lot 701). Howard read the STAFF REPORT and RECOMMENDATIONS. Allan Vance, 18311 Woodthrush Circle, Lake Oswego, made the APPLICANT'S PRESENTATION on behalf of the Southwest Church of Christ. He explained their intent is to use the existing dwelling as the loca- tion for Bible classes for junior high and older students, with adult supervision of the younger classes. He reported an immediate need for the classroom spaces, and requested approval of the conditional use. PUBLIC TESTIMONY MONY in favor was given by Mrs. Irene McCoy, who reported she had lived on the property quite a number of years, and found the church much less objectionable from the noise standpoint than the residences on Kimberly Drive behind her property. PUBLIC TESTIMONY in opposition was given by Michael L. Craig, 9870 SW Kimberly Drive, adjoining the rear of the subject property. He stated the property was zoned single family, and wondered why, when the church has plenty of unused property, it should come into a single family area of good homes. I MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 9 CROSS-EXAMINATION AND REBUTTAL: Mr. Craig asked if the church would use this all day on Sunday. Mr. Vance stated it would be used from about 9 to 12, and from 6 to 9. Craig suggested they move the building onto their own property -- "It would be cheaper". Mr. Vance stated they have plans for other use.of their property, and need the classroom space immediately. On a question from the commission, Howard sketched the area on the blackboard. COMMISSION DISCUSSION AND ACTION: Howard asked for modification of Condition 1 calling for half street improvements to the existing church property to include -- " . .. the existing church site and in front of the property in question at.15805 SW 98th." Commissioner Funk indicated reluctant agreement if a sight-obscuring fence were installed at the back of the lot. Moen inquired what future plan the church had for use of the residence--would it be converted back to residential uses? Vance felt at some time in the future it could be so used, by church personnel. Speaker expressed pleasure at the provision for a sidewalk on 98th along the present church property, which he said is badly needed. Tepedino inquired about conversion of a private dwelling to public use, especially with respect to fire safety, toilet facilities, etc. Howard stated they would have to meet those requirements. Tepedino then commented about temporary use, recalling some %W! II housing, and admonished the church to observe judicious conduct for the sake of the neighbors. Speaker inquired about the history of the development with resa^r:t to duplex-single family approvals. It was clarified that in spite of the sketch of the site supplied, only one lot and the residence thereon is involved in this approval. The rest of the McCoy property will be developed single family. Moen MOVED approval of Conditional Use CU 20-80, based on staff findings and recommendations as modified by the inclusion of the subject site in the half street improvements. The motion was seconded by Helmer and carried, with Tepedino voting no. VARIANCE, V lt4-80 (Silco Construction) N•• A r:. .t by the Silco Construction Company for ante in the s: requirements in an M-4 "Indu_ Park" zone to perms suction of a buil. _ ocated at 9350 SW Tigard Street (Wa Tax ' 1 2AB, Tax Lot 1901) . Howard read the STAF. ••T and R. . •, IONS, at the conclusion of which he sketches property and its surrou.. he blackboard. He explained ainage situation and what improvements .. be made on an old, , e-code building. { -•: /. 4 (Nip .3. ,� Fes. ��1, i. • 9725 S.W. Durham Road Tigard, Oregon 97223 503/620-0221 September 1, 1982 Tigard City Council Planning Director Mr. Bill Monahan Tigard, Oregon 97223 • Re: Southwest Church of Christ House at 15805 S.W. 98th Conditional use Cu-20-80 Gentlemen: We request a two year time extension for starting the half street • improvements on the church building side of 98th for the church located at 9725 S.W. Durham Road. These improvements are a part of the con- ditional use permit to occupy the house at 15805 S.W. 98th Avenue. We are requesting this extension because of the downturn in the economy. At the present time approximately 10% of our congregation is unemployed. As a result, our income is down so that it would impose a severe financial hardship on the church to complete the work at this time. This letter is to ask that you consider this matter and issue us an oc- cupancy permit when the improvements on permit 3952 are completed. We thank you for considering this matter and trust it will be satisfactory to you. Very truly yours , ALLAN VANCE AV•fh A kR3xa!e 1✓ r fr • tax,, • airy OF TIGARD WASHINGTON COUNTY,OREGON December 3, 1980 Mr. Allan Vance 18311 Woodthrush Circle Lake Oswego, Oregon 97034 REFERENCE: CONDITIONAL USE, CU 20-80 (SW Church of Christ) NPO #6 LOCATION: 15805 SW 98th (Wash. Co. Tax Map 2S1 11CD, Tax Map 701 Dear Mr. Vance: Please be advised that the Tigard Planning Commission at their regular meeting of November 25, 1980 approved your request for a Conditional Use Permit to use an existing house for bible school classes at the above referenced project. This approval is subject to the following conditions; 1. Full half street improvements shall be made to SW 98th in front of the existing church site and in front of the property in question at 15805 SW 98th. 2. A crosswalk shall be painted on SW 98th at the south intersection of SW Kimberly Drive. The exact location. and dimensions to be approved by the Public Works Director of the City of Tigard. 3. A nonremonstrance agreement for the. future improvement of SW Durham Road shall be signed. -a� �,'r� rrt,},_ _ 7� 'fl'? o �,c 4. 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. 5. No changes will be made to approved plans of 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. 6. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 t" CONDITIONAL USE, CU 20-80 Page 2 All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully satisfactorily constructed prior to the recording or issuance of Occupancy Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the plat or issuance of Occupancy Permits. 7. All existing and proposed utilities shall be placed underground. 8. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. The Conditional Use Permit shall expire in one year from the date of approval if the use has not begun and continual progress toward its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this office at 639- 4171. Sincerel , award Planning Director AHvmc NOTE: This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of Building Permits or engineering approval. Signature - Applicant Date Signature - r Date • MEMORANDUM TO: PLANNING COMMISSION FROM: PLANNING STAFF4 DATE : September 23 , 1982 RE: The Meadows Sensitive Lands Permit M 1-82 On August 3, 1982 , the Planning Commission approved the Meadows Sensitive Lands Permit M 1-82 including staff conditions with modifications as follows: 1. A plan showing configuration of units on lots shall be submitted and approved by the Planning Commission with an application for subdivision approval. 2. The applicant shall propose an engineering plan to the Engineering Division to fill to 162 feet. The plan shall be approved prior to the issuance of any permits. 3 . A soils investigation by an approved soils engineer of the area to be filled shall be made before and after the filling and excavation occurs. 4 . The material used for stream bank protection shall be required as shown in the City of Tigard Drainage Plan. 5. All lands remaining in the 100 year floodplain shall be dedicated to the public prior to the issuance of any permits. The dedication document shall be recorded with Washington County after it is approved by the City. 6 . Positive footing drainage will be required to the 100 year floodplain level. 7. Floor elevations shall be two feet above the floodplain elevation. A greenway/bikeway path plan shall be submitted and approved; and included in the bond for public improvements . 8. Lot 13 and 14 on the plat map shall be removed and the fill that was to be used shall be eliminated. 9. "The fill necessary for lots 17, 16 and 15 to be used and include the corresponding raising of the street surfaces . " Since that time, an appeal was filed by members of NPO # 7 alleging that the NPO was not afforded an opportunity to provide input to the Planning Commission proceedings. The appeal was heard before the City Council, which at its meeting of September 13, 1982, remanded this application back to the Planning Commission, by resolution, to allow the NPO and other interested parties to provide input at a new public hearing on this issue. ■ Memo PAGE 2 M 1-82 The Meadows STAFF RECOMMENDATION: Staff has reviewed the application and the conditions place upon the earlier approval by the Planning Commission and recommends that the August 3, 1982 Planning Commission decision for approval with conditions be upheld, with clarification of condition, # 9 . l i tS j ) i\1 ,)jig 1 v //iavivi�l�u�ll�������i it September 14 , 1982 +� 158 l....' CITY'TIGARD WASHINGTON COUNTY,OREGON CITY OF TIGARD PLANNING DEPT. Mr. Ed M. Writer Bruce Kamhoot & Assoc. 20 Greenridge Court Lake Oswego, Oregon 97034 RE: The Meadows Sensitive Lands Permit M 1-82 Dear Ed, At the request of Tigard's City Attorney, Ed Sullivan, I have been asked to obtain an agreement from you concerning the City Council's action remanding the above named project to the Planning Commission. The purpose of the remand is to allow representatives of NPO # 7 to have an opportunity to give input at the Planning Commission meeting on October 5, 1982 to complete the record. Without taking this action the City could leave itself open to a collateral attack from the NPO based on the City's failure to allow testimony by the NPO. Such an attack could negate the decision of the Commission. Therefore, I would appreciate your signing the following statement and returning it to may attention in order that I may maintain a complete file. Sincerely, ,.---; /.:::,.'// ,e4,e.ee/,:e4 ',/,. 1.1A-04L.. William A. Monahan Director of Planning and Development Statement - I have been advised by the City of Tigard Director of Planning and Development that Sensitive Lands Permit M 1-82 will be remanded to the Planning Commission to allow input from NPO # 7 which has appealed the August 3, 1982 approval of this project. I agree that this action is in the best interest of all parties and approve this action. 11410 - Signature Applicant 12755 S.W.ASH P50.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 ) ap-e , CITY OF TIGARD, OREGON RESOLUTION NO. 82- /Q( ' FINAL ORDER IN THE MATTER OF THE REMAND OF APPLICATION M-1-82 TO THE TIGARD PLANNING COMMISSION. WHEREAS, NPO 7 has duly appealed the above application from a Tigard Planning Commission Final Order to the Tigard City Council; and WHEREAS, NPO 7 has alleged that TMC § 18 . 84. 070 (b) (1) (A) (4) requiring mailed notice to active neighborhood planning organizations was not done in this case; and WHEREAS, a representative of the applicant has agreed to a remand; Now, THEREFORE, IT IS ORDERED that Application M-1-82 be, and the same hereby is, remanded to the Tigard Planning Commission for rehearing due to uncertainties in the record as to compliance with TMC § 18 .84.070 (b) (1) (A) (4) . IT IS FURTHER ORDERED that Notice of the Final Decision be given to the applicants and appellants in accordance with TMC 18 . 84 . 130. DATED this 13th day of September, 1982. Mayor - City of Tigard ATTEST: Recorder - City of Tigard RESOLUTION NO. 82- —11 • Commissioner Owens moved and Commissioner Speaker seconded to approve the request by the City of Tigard to change the zone designation on the Greenway Town Center property from C 4PD to C 3PD per findings in the staff report. The motion was approved by a unanimous vote of Commissioners present. 5.4 SENSITIVE LANDS PERMIT M 1-82 The Meadows NPO #7 A remand by the Tigard City Council to the Planning Commission for further consideration of the Sensitive Lands Permit with a revised subdivision layout. The property is located northeast of S.W. Black Diamond Way. (WCTM 1S1 34D lot 2600). a. PUBLIC HEARING OPENED • Associate Planner Newton listed the Hearings that this application has gone through. They are before the Commission again with a revised site plan and are asking for approval to cut and fill within the floodplain. The Public Works Director has addressed issues regarding the cut and fill. The intent of the greenway will not be violated and the bike path issue has been addressed. Staff has a list of conditions they would like to recommend should the application be approved. Staff, contends that the applicant has supplied enough technical data for staff to review and recommends that the Planning Commission approve the Sensitive Lands Permit allowing the cut and fill as proposed in the floodplain. • Chairman Tepedino requested that the pertinent comments from the previous Planning Commission Meeting, where the application was denied, be read into the records; Commissioner Speaker reviewed contents of the transcript from the April 6th, Planning Commission Meeting. Associate Planner. Newton read City Council minutes from the May 24th, meeting into the records. • Applicant's Presentation - William Clark, Oregon Realty, Agent, speaking on behalf of Mr. Bruce Kamhoot, Developer of the project. He concurred with the staff report and stated that the project would provide affordable housing for the Tigard area. • Greg Weston, the Engineer who did the floodplain calculations, stated that they had substantially decreased the amount of impact on the floodplain with 250 yards of fill and about 500 yards of cut. This would balance the volume allowed for overflow in a flooding situation. This is based on the 1981 CH2M Hill report. • Ed Writer, a Consultant with Bruce Kamhoot & Associates, explained how they have changed all of their plats so that the plats adhere to the contour of the land. They will not be changing the direction of flow of the water or place homes on the fill area. PAGE 4 PLANNING COMMISSION MINUTES August 3, 1982 8:30 P.M. Commissioner Christen Arrived: • Commission Speaker questioned if lot number 14 was placed on the fill area; Mr. Writer, stated, if necessary they would elimiante lot 14. b. PUBLIC TESTIMONY PROPONENTS • No one appeared to speak. OPPONENTS • Rod Steel, 11025 S.W. 106th, questioned if there would be extra run off into Fanno Creek or would it go into the sewer system. • Barbara Priest, 10710 S.W. Ponderosa Place, stated that the maps before the Planning Commission do not show the accurate location of the stream, the flow of the stream has changed since the CH2M Hill report. She had measured the stream and it was 25' from the back end of the furthest lot sitting towards the creek. Currently the bike path is five feet away from the creek, it was further away until undercutting occurred. She requested that the staff check to see if the property owner directly across Fanno Creek had been notified. She also contacted the Audubon Society, which sent a representative to walk through the area. He was concerned as to how close the development was to the creek and to the wildlife he discovered. She also noted that Washington County has been making changes in the floodplain area which will increase the run off 50 to 75 percent. Regarding the CH2M Hill study, flooding in the Tigard area is poorly documented. She had contacted CH2M Hill and they informed her that the 100 year flood level which they established was only an estimate. If we continued to develop without making stream improvements, to keep the stream at a zero increase level, we would only raise the flood level. CH2M Hill equated this to sitting on a time bomb. Finally, Koll Development, which is upstream has contracted engineering services to help with their severe drainage problem. of Marian Maddox, 10800 S.W. 108th, did not feel that the fill would help the flooding problem. The bike path is close to being flooded each year and the water comes up to within a few feet behind her house. She stated that the elevation on her lot is about the highst there is otherwise she would be flooded during the winter. She feels with the addition of the development it will only make the flooding worse. PAGE 5 PLANNING COMMISSION MINUTES August 3, 1982 I c. CROSS EXAMINATION AND REBUTTAL • Mr. Writer stated that run off from development would go into the sewer system. s Commissioner Owens questioned if it would be possible to develop the area without doing any cutting or filling. • Greg Weston, reviewed how they would be doing the cutting and filling. He stated that the flooding that the neighboring property was concerned with is at an elevation of 158 feet, two feet below what the development would be built. Homes would not be placed on fill, foundation would be set on natural ground. Regarding the run off, it would be placed in storm sewers, which would end up in the Fanno Creek Basin. • Further discussion followed regarding the amount of difference from this proposal to the present proposal, the layout of the lots 13, 14 and 16 and the amount of fill to be used. PUBLIC HEARING CLOSED: d. COMMISSION DISCUSSION AND ACTION • Commissioner Owens was not against the development except for the encroachment into the floodplains. She felt at least lot 14 should be eliminated but would prefer to see some other arrangement of the plots, so that no lots are in the present floodplain. • Commissioner Speaker reqested that the proposed conditions be read; Assc.zi.ate Planner Newton read the following: 1. A plan showing configuration of units on lots shall be submitted and approved by the Planning Commission with an application for subdivision approval. 2. applicant licant shall propose an engineering plan to the engineer division to fill to 162 feet. The plan shall propose appropriate excavation to offset the fill and shall be approved prior to the issuance of any permits. 3. A soils investigation by an approved soils engineer of the area to be filled shall be made before and after the filling and excavation occurs. 4. The material used for stream bank protection shall be required as shown in the City of Tigard Drainage Plan. 5. All lands remaining in the 100-year floodplain shall be dedicated to the public prior to the issuance of any permits. The dedication document shall be recorded with Washington County after it is approved by the City. PAGE 6 PLANNING COMMISSION MINUTES August 3, 1982 • Commissioner Moen wanted to know if it was possbile to move for approval of the Sensitive Land Permit subject to the elimination of lots 13 and 14 and appropriate reduction of the modification of the floodplain. • Discussion followed regarding the effects of approval and denial the City Attorney was not comfortable with a motion for denial as it is not supported by adequate findings. • Commissioner Speaker withdrew his motion; Commissioner Owens then withdrew her second. • Chairman Tepedino stepped down as chairman to move for denial of the Sensitive Lands Permit M 1-82 based on the findings and evidence presented and on the finding of this Commission and himself, that first, the applicant does not address the issues outlined in Tigard Municipal Code 18.57.07 specifically the information concerning flood surface elevation, adverse effects on flow rates, adverse effects flow direction on upstream and downstream properties or the possibility of the creation of present and foreseeable hazards to the public health safety and general welfare. Not withstanding the engineering which has been presented, the issues are not addressed. ` In addition there is substantial invasion of the floodplain. • The motion failed due to the lack of a second. • Commissioner Moen moved and Commissioner Bonn seconded for approval of the Sensitive Lands Permit M 1-82 including staff conditions, modifying condition number seven from 1 1/2 feet to two feet above floodplain. That lots 13 and 14 on the plat map be removed and the fill that was to be used be e:_ininated, p staff. The fill necessary for working in conjuction with the staff The y b J lots 17, 16 and 15 to be used and include the corresponding raising of the street surfaces. • Discussion followed regarding approving or denying this application, the amount of fill being used in lot 16 and what items will be covered with general review and subdivision application. • Commissioner Moen modified his motion that the Commission will see the layout of the plan at the General Plan Review, seconded by Commissioner Bonn. • Motion approved five to two, Chairman Tepedino and Commissioner Owens voting no. PAGE 8 PLANNING COMMISSION MINUTES August 3, 1982 6. Positive footing drainage will be required to the 100-year floodplain level. 7. Floor elevations shall be at least 1 1/2 feet above the floodplain elevation. A greenway bikeway path plan shall be submitted and approved; and included in the bond for public improvements. • The Public Works Director noted that if the applicant is building only on natural ground lots 13,14 and 16 will need to be looked at closely at foundation drainage, as these appear to be in the fill area. • Commissioner Moen questioned what had become of the convenant which the property owners had requested to become a part of the development. Public Works Director Currie responded they could be put on at the subdivision stage. • Discussion followed regarding the Planning Commission's authority involving changing layout of the project. Further discussion regarding the position of lot 13, 14 and 16 in relation to the floodplain. • Commissioner Christen supported the staff recommendation. • Commissioner Bonn felt that the issues of massive intrusion into floodplain, except for one exception, and placement of houses has been addressed by applicant. Also looking at the cross sections for lots 17 and 16 the fills seem to be less than a foot. Lot 14, especially the lower east end, has several feet of fill. Lot 13, the extreme east end, has quite a bit of fill. If these could be corrected, then that would resolve his concerns. • Chairman Tepedino felt there were several significant, substantial problems with this application. There are several items in the Tigard Municipal Code 18.57.070, which the applicant had not addressed to his satisfaction. He strongly suggested that the Commission deny this application for a Sensitive Lands permit based on insufficient evidence of data submitted, espcially regarding raising the elevation of the floodplain, adversely affecting flow rates, adverse affect on flow direction creating potential hazards. He is not against the type of housing only invasion into the floodplain. • Commissioner Helmer was in favor of this encroachment except for lot 14. • Commissioner Speaker moved for denial of this request on the basis that lot 14 exceeds the City Council requirement of no substantial fill in the floodplain. Seconded by Commissioner Owens. PAGE 7 PLANNING COMMISSION MINUTES August 3, 1982 • Commissioner Moen wanted to know if it was possbile to move for approval of the Sensitive Land Permit subject to the elimination of lots 13 and 14 and appropriate reduction of the modification of the floodplain. • Discussion followed regarding the effects of approval and denial; the City Attorney was not comfortable with a motion for denial as it is not supported by adequate findings. • Commissioner Speaker withdrew his motion; Commissioner Owens then withdrew her second. • Chairman Tepedino stepped down as chairman to move for denial of the Sensitive Lands Permit M 1-82 based on the findings and evidence presented and on the finding of this Commission and himself, that first, the applicant does not address the issues outlined in, Tigard Municipal Code 18.57.07 specifically the information concerning, flood surface elevation, adverse effects on flow rates, adverse effects on flow direction on upstream and downstream properties or the possibility of the creation of present and foreseeable hazards to the public health safety and general welfare. Not withstanding the engineering which has been presented, the issues are not addressed. In addition there is substantial invasion of the floodplain. • The motion failed due to the lack of a second. • Commissioner Moen moved and Commissioner Bonn seconded for approval of the Sensitive Lands Permit M 1-82 including staff conditions, modifying condition number seven from 1 1/2 feet to two feet above floodplain. That lots 13 and 14 on the plat map be removed and the fill that was to be used be e'?minated, working in conjuction with the staff. The fill necessary for lots 17, 16 and 15 to be used and include the corresponding raising of the street surfaces. • Discussion followed regarding approving or denying this application, the amount of fill being used in lot 16 and what items will be covered with general review and subdivision application. • Commissioner Moen modified his motion that the Commission will see the layout of the plan at the General Plan Review, seconded by Commissioner Bonn. • Motion approved five to two, Chairman Tepedino and Commissioner Owens voting no. PAGE 8 PLANNING COMMISSION MINUTES August 3, 1982